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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 government.
47. Right to worship. 2. All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences.
48. Freedom of thought. 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions or interfere with the rights of conscience.
49. No preference to any creed. 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.
50. No religious test. 5. No religious test shall be required as a qualification for any office of trust or profit.
51. No money for religious institutions. 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution.
52. Competency of witness. 7. No person shall be, rendered incompetent as a witness in consequence of his opinions on matters of religion.
53. Oath, how administered. 8. The mode of administering an oath or affirmation shall be such as may be most consistent with and bind. ing upon the conscience of the person to whom such oath or affirmation may be administered.
54. Free speech and writing. 9. No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever; but for the abuse of that right every person shall be responsible.
55. The truth in libel. 10. In all prosecutions for libel, the truth of the matters alleged to be libelous may be given in justification.
56. Unreasonable search or seizure. 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 pare ticularly describing the place to be searched and the person or thing to be seized.
57. Courts shall be open. 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 purchase; completely, and without denial; speedily, and without delay.
58. Rights of accused. 13. In all criminal prosecutions the accused shall have the right to a public trial by an impartial jury in the county 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.
59. No person twice in jeopardy. 14. No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecu. tion, shall be compelled to testify against himself.
60. Unnecessary rigor prohibited. 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor.
61. Excessive bail and punishment prohibited. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishment shall not be inflicted. All penalties shall be proportioned to the nature of the offense.
62. Offenses bailable. 17. Offenses, other than murder and treason, shall be bailable by sufficient sureties. · Murder or treason shall not be bailable when the proof is evident or the presumption strong.
63. Reformation the basis of Penal.Code. 18. The Penal Code shall be founded on the principles of reformation and not of vindictive justice.
64. Jury in criminal cases determines law and fact. 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.
65. Trial by jury inviolate in civil cases. 20. In all civil cases, the right of trial by jury shall remain inviolate.
66. Compensation for services. 21. No man's particular services shall be demanded without just compensation. No man's property shall be taken by law without just compensation; nor, except in case of the State, without such compensation first assessed and tendered.
67. Exemption - No imprisonment for debt. 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.
68. Privileges equal. 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.
69. No ex post facto law. 24. No ex post facto law, or law impairing the obligation of contracts, shall be passed.
70. Taking effect of laws. 25. No law shall be passed, the taking effect of wlrich shall be made to depend upon any authority, except as provided in this Constitution.
71. Suspension of laws. 26. The operation of the laws shall never be suspended, except by authority of the General Assembly.
72. Suspension of habeas corpus. 27. The privileges of the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion, and then only if the public safety demand it.
73. Treason. 28. Treason against the State shall consist only in levying war against it, and in giving aid and comfort to its enemies. 74. Proof in treason. 29.
' No person shall be convicted of treason, except on the testimony »f two witnesses to the same overt act, or upon his confession in open Court.
75. Effect of conviction.' 30. No conviction shali work corruption of blood or forfeiture çf estate.
76. Right to assemble, to instruct, and to petition. 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.
77. Right to bear arms.' 32. The people shall have a right to bear arms for the defense of themselves and the State.
78. Military subject to civil power. 33. The military shall be kept in strict subordination to the civil power.
79. Restrictions upon soldiers. 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.
80. No titles of nobility. 35. The General Assembly shall not grant any title of nobility nor confer hereditary distinctions.
81. Emigration free. 36. Emigration from the State shall not be prohibited.
82. Slavery prohibited. 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.
- SUFFRAGE AND ELECTIONS.
Defaulters not eligible.
Electors free from arrest.
Method of election, 95. Time of elections.
83. Elections free. 1. All elections shall be free and equal.
84. Qualifications of electors. 2. In all elections not otherwise provided for by this Constitution, every male citizen of the United States, of the age of twenty-one years and upward, who shall have resided in the State during the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and every 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 the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably 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, if he shall have been duly registered according to law. [As amended March 14, 1881.]
85. Soldiers — Seamen - Marines. 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 residence in the State, in consequence of having been stationed within the same; nor shall any such soldier, seaman, or marine have the right to vote.
86. Residence. 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.
5. [Abrogated March 14, 1881.] 87. Bribery a disqualification for office. 6. Every person shall be disqualified for holding office during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward to secure his election.
88. Challenge to duel, 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.
80. Disfranchisement. 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.
90. Effect of holding lucrative offices. 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 by this Constitution expressly permitted : Provided, That officers 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 Provided, 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.
91. Defaulters not eligible. 10. No person who may hereafter be a collector or holder of public 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.
92. Pro tempore appointments, II. 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 continuously, an appointment pro tempore shall not be reckoned a part of that term.
93. Electors free from arrest. 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.
94. Method of election. 13. All elections by the people shall be by ballot; and all elections by the General Assembly, or by either branch thereof, shall be viva voce. 95. Time of elections.
14. All general elections shall be held on the first Tuesday after the first Monday in November; but township elections may be held at such time as may be provided by law: Provided, That the General Assembly may provide by law for the election of all Judges of Courts of general and appellate jurisdiction by an election to be held for such officers only, at which time no other officers shall be voted for; and shall also provide for the registration of all persons entitled to vote. [As amended March 14, 1881.]
ARTICLE 3 - DISTRIBUTION OF POWERS. 96. Three departments. 1. The powers of the Government are divided into three separate departments; the Legislative, the Executive, including the Administrative, 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.
97. The General Assembly. 1. The legislative authority of the State shall be vested in the General Assembly, which shall consist of a Senate and a House of Representatives. The style of every law shall be: “Be it enacted by the General Assembly of the State of Indiana"; and no law shall be enacted, except by bill.
98. Number. 2. The Senate shall not exceed fifty nor the House of Representatives 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.
99. Term of office. 3. Senators shall be elected for the term of four years, and Representatives 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 of those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially 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.
100. Periodical enumeration. 4. The General Assembly shall, at its second session after the adoption of this Constitution, and every six years thereafter, cause an enumeration to be made of all the male inhabit. ants over the age of twenty-one years.
101. Apportionment of representation. 5. The number of Sena. tors and Representatives shall, at the session next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the number of male inhabitants above twenty-one years of age in each: Provided, That the first and second elections of members of the General Assembly, under this Constitution, shall be according to the apportionment last made by the General Assembly before the adoption of this Constitution. [The word “white" was stricken out from before the words “male inhabitants." in sections 4
5 (88 100 and 101), by amendment of March 14, 1881.]
102. Districts. 6. A Senatorial or Representative district, where more than one county shall constitute a district, 'shall be composed of contiguous counties; and no county, for Senatorial apportionment, shall ever be divided.