USA > Indiana > An illustrated history of the state of Indiana: being a full and authentic civil and political history of the state from its first exploration down to 1875 > Part 56
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1,584
4,537
210
10,395
700
8,147
7,099
578
464
5 400,418
1,543,715
5,855,736
9,858,981
Tennessee.
5,317
18.467
732
19,514
1,340
19,412
17,663
1,089
660
15,595,295
5.390,630
19,657,027
34,362,636
Texas
2,399
11,214
543
1,830
116
7,927
1.450
157
320
5,284,110
1,787,835
6,273,193
11,517,302
Utah
533
331
25
2,169
192
1,534
1,465
43
26
1,391,898
395,365
1,238,254
2,343,019
Vermont
3,270
6,425
186
44,897
1,984
18,686
16,391
1,872
513
20,329,637
6,264,581
17,007,769
32,184,606
Virginia -
5,933
8,410
396
41,202
2,229
26,974
22,175
2,259
2,540
18,455,400
5,343,099
23.832,384
38,364,322
Washington
269
1,411
38
1,412
52
1,026
1,025
1
1,893,674
1,435,128
2,851,052
West Virginia.
2,444
17,136
509
10,195
683
11,672
10,728
287
657
11,084,520
14,503,701
24,102,201
Wisconsin
7,013
30,509
926
33,714
1,288
43,910
40,296
2,114
1,500
61,981,872
45,851,266
77,214,326
Wyoming ..
32
310
13
34
2
502
500
1
1
889,400
13,575,642 347,578
280,156
765,424
The Uni ed States.
252,148 1,215,711 40_191 1,130,431 51_018 2,053,996 1,615,598 323-770 114-628 $2,118,208 769
$775,584,343 $2,488,427 242
$4,232,325,442
HISTORY OF INDIANA.
3,419,756
6,877,387
Pennsylvania.
37,200
221,936
6,230
141,982
7,603
319,487
256,543
43,712 14,752
19,232
13,823,091
44,577,967
71,038,249
New Jersey.
6,636
32,307
984
25,832
1,132
75,552
58,115 423
11,198
6,239
Mississippi.
Montana
-
STATISTICS OF MANUFACTURES, (Continued.)
States and Territories.
Males |Fem'ls over
Idaho.
574,936 4,322,164
North Carolina
1,120,173
STATE GOVERNMENTS.
APPORTIONMENT OF CONGRESSMEN.
STATES.
CAPITALS.
Salary of Governors.
State Elections.
Legislatures Meet.
Members
by Ratio.
Fractions.
Total
4 9 8 1 1 4 6HHAAAA Members. 4
Alabama ..
Montgomery
$ 4,000
Tuesday after 1st Monday, Nov. 3d Monday, Nov. " 2d 66
Arkansas .
Little Rock ..
3,500
California
Sacramento
7,000
1st Wednesday, Sept.
4
21,547
Connecticut
Hartford.
2,000
1st Monday, April.
1st Wednesday, May.
3
133,429
Delaware
Dover
1,333
Tuesday after 1st Monday, Nov. 1st Tuesday, Jan. 66 46
1
53,073
Florida
Tallahassee
3,500
Tuesday after 1st Monday, Jan. 2d Wednesday, Jan.
8
96,709
Georgia.
Atlanta.
4,000
1st Wednesday, Oct.
18
105,741
19
Illinois_
Springfield
2,500 Tuesday after ist Monday, Nov. 1st Monday, Jan. 2d Tuesday, Oct. 8,000 66 66
1st Wednesday, Jan.
12
64,537
13
Indiana
Indianapolis
.
8
104,392
9
Iowa _ _
Des Moines.
2,500
2d Monday, Jan.
2
95,049
3
Kansas
Topeka
3,000
Tuesday after 1st Monday, Nov. 2d Tuesday, Jan.
9
108.936
10
Kentucky
Frankfort ..
5,000
1st Monday, Aug.
5
53,540
6
Louisiana
New Orleans
8,000
Nov.
1st Monday, Jan.
4
88,215
5
Maine .
Augusta .
2,500
Sept.
1st Wednesday, Jan.
5
107,519
6
Maryland_
Annapolis
4,500
Tuesday after 1st Monday, Nov. 66
66
10
110,601
11
Massachusetts
Boston
66
66
8
97,459
9
Minnesota.
St. Paul
3,000
66
66
3
35,681
3
Mississippi
Jackson ..
3,000
1st Monday, Jan.
6
19,872
6
Missouri ..
Jefferson City
66
66
66
12
105,195
13
Nebraska_
Lincoln.
1,000
Tuesday after 1st Monday, Nov. 1st Monday, Jan.
1
.....
New Hampshire ...
Concord
2d Tuesday, March.
1st Monday, June.
6
98,046
7
New Jersey
Trenton .
3,000
Tuesday after 1st Monday, Nov. 2d Tuesday, Jan. 66 66
32
73,158
33
New York
Albany -
10,000
66 1st 66
7
128,636
8
Ohio
Columbus
4,000
2d Tuesday, Oct.
1st 66 Jan.
19
106,435
1
Oregon
Salem
1,500
1st Monday, June.
2d
66 Sept.
1
20,241
27
Rhode Island_
Providence.
1,000
1st Wednesday, April.
5
32,231
5
South Carolina
Columbia.
4,000
Tuesday after Ist Monday, Nov. 4th Monday, Nov. 66
9
46,445
10
Tennessee.
Nashville.
3,000
2d Tuesday, Jan.
6
10,529
6
Vermont
Montpelier
1,000
1st Wednesday, Oct.
2
61,201
3
Virginia
Richmond.
5,000
Tuesday after 1st Monday, Nov. 1st Monday, Dec. 2d Tuesday, Oct.
2d Wednesday, Jan.
3
37,989
3
West Virginia.
Charleston
2,700
5,000
Tuesday after 1st Monday, Nov. 1st
7
111,945
8
Wisconsin
Madison
5,000
Tuesday after 1st Monday, Nov. 1st Tuesday, Jan.
26
May and Jan.
1
82,678
2
Texas .
Austin
-
5,000 1st Tuesday, Nov. 66 Sept.
9
13,088
9
.
.
2d Tuesday, Oct.
Thursday after 1st Monday, Jan.
1
1
Nevada.
Carson City.
6,000
48,950
3
North Carolina
Raleigh.
5,000
1st Thursday, Aug.
3d Monday, Nov.
20
Pennsylvania.
Harrisburgh -
.
.
1st Monday, Oct.
66
5,000
66
60
Michigan.
Lansing -
-
1,000
Tuesday after 1st Monday, Jan.
66
-
.
5,000
Last Monday, Dec.
1
APPENDIX.
715
7
54,267
3
80,446
1st Tues. after 2d Mond., Nov. 1st Monday, Dec.
1
--
"
-
.
1st Monday, Dec.
2d
66
-
66
1,000
-
-
CONSTITUTION OF INDIANA.
PREAMBLE.
To the end that justice be established, public order maintained, and liberty perpetuated, we, the people of the State of Indiana, grateful to ALMIGHTY GOD for the free exercise of the right to choose our own form of government, do ordain this Constitution.
ARTICLE I. BILL OF RIGHTS.
SECTION 1. We declare, That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of a right ought to be, founded on their authority, and instituted for their peace. safety, and well being. For the advancement of these ends, the people have, at all times, an indefeasible right to alter and reform their gov. ernment.
SEC. 2. All men shall be secured in the natural right to worship Almighty God, according to the dictates of their own consciences.
SEC. 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of con. science.
SEC. 4. No preference shall be given, by law, to any creed, religious society, or mode of worship; and no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent.
SEC. 5. No religious test shall be required as a qualification for any office of trust or profit.
SEC. 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution.
SEC. 7. No person shall be rendered incompetent as a witness in conse- quence of his opinions on matters of religion.
SEC. 8. The mode of administering an oath or affirmation, shall be such as may be most consistent with, and binding upon, the conscience of the person, to whom such oath or affirmation may be administered.
SEC. 9. No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print,
(716)
717
APPENDIX.
freely, on any subject whatever; but for the abuse of that right, every person shall be responsible.
SEC. 10. In all prosecutions for libel, the truth of the matters alleged to be libellous may be given in justification.
SEC. 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
SEC. 12. All courts shall be open; and every man, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without pur- chase; completely, and without denial; spcedily, and without delay.
SEC. 13. In all criminal prosecutions, the accused shall have the right to a public trial, by an impartial jury, in the eounty in which the offense shall have been committed; to be heard by himself and 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, and to have compulsory process for obtaining witnesses in his favor.
SEC. 14. No person shall be put in jeopardy twice for the same offense. No person in any criminal prosecution shall be compelled to testify against himself.
SEC. 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor.
SEC. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.
SEC. 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.
SEC. 18. The penal code shall be founded on the principles of reforma- tion, and not of vindictive justice.
SEC. 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.
SEC. 20. In all civil cases the right of trial by jury shall remain invio- late.
SEC. 21. No man's particular services shall be demanded without just compensation ; no man's property shall be taken by law without just com- pensation; nor, except in case of the State, without such compensation first assessed and tendered.
SEC. 22. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud.
SEC. 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
718
HISTORY OF INDIANA.
SEC. 24. No ex post facto law, or law impairing the obligation of con- tracts, shall ever be passed.
SEC. 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitu- tion.
SEC. 26. The operation of the laws shall never be suspended, except by the authority of the General Assembly.
SEC. 27. The privilege of the writ of habeas corpus shall not be sus- pended, except in case of rebellion or invasion; and then only if the public safety demand it.
SEC. 28. Treason against the State shall consist only in levying war against it, and giving aid and comfort to its enemies. '
SEC. 29. No person shall be convicted of treason, except on the testi- mony of two witnesses to the same overt act, or upon his confession in open court.
SEC. 30. No conviction shall work corruption of blood, or forfeiture of estate.
SEC. 31. No law shall restrain any of the inhabitants of the State from assembling together in a peaceable manner, to consult for their common good; nor from instructing their representatives; nor from applying to the General Assembly for redress of grievances.
SEC. 32. The people shall have a right to bear arms for the defense of themselves and the State.
SEC. 33. The military shall be kept in strict subordination to the civil power.
SEC. 34. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law.
SEC. 35. The General Assembly shall not grant any title of nobility, nor confer hereditary distinctions.
SEC. 36. Emigration from the State shall not be prohibited.
SEC. 37. There shall be neither slavery nor involuntary servitude within the State, otherwise than for the punishment of crimes whereof the party shall have been duly convicted. No indenture of any Negro or Mulatto, made and executed out of the bounds of the State, shall be valid within the State.
ARTICLE II. SUFFRAGE AND ELECTION.
SECTION 1. All elections shall be free and equal.
SEC. 2. In all elections, not otherwise provided for by this Constitu tion, every white male citizen of the United States, of the age of twenty- one years and upwards, who shall have resided in the State during the six months immediately preceding such election; and every white male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during six months immediately preceding such election, and shall have
719
APPENDIX.
declared his intention to become a citizen of the United States, conform- ably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside.
SEC. 3. No soldier, seaman, or marine, in the army or navy of the United States, or of their allies, shall be deemed to have acquired a resi- dence in this State in consequence of having been stationed within the same ; nor shall any such soldier, seaman, or marine, have the right to vote.
SEC. 4. No person shall be deemed to have lost his residence in the State by reason of his absence, either on business of this State or of the United States.
SEC. 5. No Negro or Mulatto shall have the right of suffrage.
SEC. 6. Every person shall be disqualified from holding office during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward, to procure his election.
SEC. 7. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust or profit. 1
SEC. 8. The General Assembly shall have power to deprive of the right of suffrage, and to render ineligible any person convicted of an infamous crime.
SEC. 9. No person holding a lucrative office or appointment, under the United States, or under this State, shall be eligible to a seat in the General Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted : Provided, that offices in the militia, to which there is attached no annual salary, and the office of deputy Postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lucrative : And pro- vided also, that counties containing less than one thousand polls, may confer the office of Clerk, Recorder, and Auditor, or any two of said offices upon the same person.
SEC. 10. No person who may hereafter be a collector or holder of pub- lic moneys, shall be eligible to any office of trust or profit, until he shall have accounted for, and paid over, according to law, all sums for which he may be liable.
SEC. 11. In all cases in which it is provided that an office shall not be filled by the same person more than a certain number of years continu- ously, an appointment pro tempore shall not be reckoned a part of that term.
SEC. 12. In all cases except treason, felony, and breach of the peace, electors shall be free from arrest, in going to elections, during their attendance there, and in returning from the same.
SEC. 13. All elections by the people shall be by ballot; and all elec- tions by the General Assembly, or by either branch thereof, shall be viva voce.
SEC. 14. All general elections shall be held on the second Tuesday in October.
720
HISTORY OF INDIANA.
ARTICLE III.
DISTRIBUTION OF POWERS.
SECTION 1. The powers of the Government are divided into three sepa- rate departments: the Legislative, the Executive, including the Adminis- trative, and the Judicial; and no person charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided.
ARTICLE IV. LEGISLATIVE.
SECTION 1. The Legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a House of Repre- sentatives. The style of every law shall be: "Be it enacted by the Gen- eral Assembly of the State of Indiana;" and no law shall be enacted except by bill.
SEC. 2. The Senate shall not exceed fifty, nor the House of Representa- tives one hundred members, and they shall be chosen by the electors of the respective counties or districts, into which the State may, from time to time be divided.
SEC. 3. Senators shall be elected for the term of four years, and Repre- sentatives for the term of two years, from the day next after their general election : Provided, however, that the Senators elect, at the second meeting of the General Assembly under this Constitution shall be divided by lot into two equal classes, as nearly as may be; and the seats of Senators of the first class shall be vacated at the expiration of two years, and those of the second class, at the expiration of four years, so that one-half, as nearly as possible, shall be chosen bienially forever thereafter. And in case of increase in the number of Senators, they shall be so annexed, by lot, to one or the other of the two classes, as to keep them as nearly equal as practicable.
SEC. 4. The General Assembly shall, at its second session after the adoption of this Constitution, and every sixth year thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years.
SEC. 5. The number of Senators and Representatives shall, at the ses- sion next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the number of white male inhabitants, above twenty-one years of age in each: Pro- vided, that the first and second elections of the members of the General Assembly, under this Constitution, shall be according to the apportion- ment last made by the General Assembly, before the adoption of this Con- stitution.
SEC. 6. A Senatorial or Representative district, where more than one county shall constitute a district, shall be composed of contiguous coun- ties, and no county for Senatorial apportionment shall ever be divided.
721
APPENDIX.
SEC. 7. No person shall be a Senator or Representative, who, at the time of his election, is not a citizen of the United States; nor any one who has not been, for two years next preceding his election, an inhabitant of this State, and for one year next preceding his election an inhabitant of the county or district whence he may be chosen. Senators shall be at least twenty-five, and Representatives at least twenty-one years of age.
SEC. 8. Senators and Representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same, and shall not be subject to any civil process, during the session of the General Assembly, nor during the fifteen days next before the com- mencement thereof. For any speech or debate in either House, a member shall not be questioned in any other place.
SEC. 9. The sessions of the General Assembly shall be held biennially at the capital of the State, commencing on the Thursday next after the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may at any time, by proclamation, call a special session.
SEC. 10. Each House, when assembled, shall choose its own officers, (the President of the Senate excepted,) judge the elections, qualifications and returns of its own members, determine its rules of proceeding, and sit upon its own adjournment. But neither House shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which it may be sitting.
SEC. 11. Two-thirds of each House shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attend- ance, if either House fail to effect an organization within the first five days thereafter, the members of the House so failing shall be entitled to no compensation from the end of said five days until an organization shall have been effected.
SEC. 12. Each House shall keep a journal of its proceedings, and pub ush the same. The yeas and nays on any question shall, at the request of any two members, be entered, together with the names of the members demanding the same, on the journal: Provided, that on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays.
SEC. 13. The doors of each House, and of committees of the whole, shall be kept open, except in such cases as in the opinion of either House may require secrecy.
SEC. 14. Either House may punish its members for disorderly behavior, and may, with the concurrence of two-thirds, expel a member; but not a second time for the same cause.
SEC. 15. Either House, during its session, may punish by imprison- ment, any person not a member who shall have been guilty of disrespect
46
722
HISTORY OF INDIANA.
to the House, by disorderly or contemptuous behavior in its presence; but such imprisonment shall not at any time exceed twenty-four hours.
SEC. 16. Each House shall have all powers necessary for a branch of the Legislative department of a free and independent State.
SEC. 17. Bills may originate in either House, but may be amended or rejected in the other, except that bills for raising revenue shall originate in the House of Representatives.
SEC. 18. Every bill shall be read by sections, on three several days in each House; unless in case of emergency, two-thirds of the House where such bill may be depending, shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of 'a bill by sections, on its final passage, shall in no case be dispensed with, and the vote on the passage of every bill or joint resolution shall be taken by'yeas and nays.
SEC. 19. Every act shall embrace but one subject, and matters properly connected therewith, which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
SEC. 20. Every act and joint resolution shall be plainly worded, avoid- ing, as far as practicable, the use of technical terms.
SEC. 21. No act shall ever be revised or amended by mere reference to its title; but the act revised or section amended, shall be set forth and published at full length.
SEC. 22. The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say :
Regulating the jurisdiction and duties of justices of the peace and of constables ;
For the punishment of crimes and misdemeanors ;
Regulating the practice in courts of justice ;
Providing for changing the venue in civil and criminal cases;
Granting divorces ;
Changing the names of persons;
For laying out, opening and working on high ways, and for the election or appointment of supervisors ;
Vacating roads, town plats, streets, alleys, and public squares ;
Summoning and empaneling grand and petit jurors, and providing for their compensation ;
Regulating county and township business ;
Regulating the election of county and township officers, and their com- pensation ;
For the assessment and collection of taxes for State, county, township, or road purposes ;
Providing for supporting common schools, and for the preservation of school funds;
In relation to fees or salaries ;
In relation to interest on money ;
-
723
APPENDIX.
Providing for opening and conducting elections of State, county, or township officers, and designating the places of voting;
Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities, by executors, administrators, guardians or trustees.
SEC. 23. In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State.
SEC. 24. Provision may be made by general law, for bringing suit against the State, as to all liabilities originating after the adoption of this Constitution; but no special act authorizing such suit to be brought, or making compensation to any person claiming damages against the State shall ever be passed.
SEC. 25. A majority of all the members elected to each House shall be necessary to pass every bill or joint resolution, and all bills and joint res- olutions so passed, shall be signed by the presiding officers of the respect- ive Houses.
SEC. 26. Any member of either House shall have the right to protest, and to have his protest, with his reasons for dissent, entered on the journal.
SEC. 27. Every statute shall be a public law, unless otherwise declared in the statute itself.
SEC. 28. No act shall take effect until the same shall have been pub- lished and circulated in the several counties of the State by authority, except in case of emergency, which emergency shall be declared in the preamble, or in the body of the law.
SEC. 29. The members of the General Assembly shall receive for their services a compensation to be fixed by law ; but no increase of compensa- tion shall take effect during the session at which such increase may be made. No session of the General Assembly, except the first under this Constitution, shall extend beyond the term of sixty-one days, nor any special session beyond the term of forty days.
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