141. Constitution of the State of Indiana (1851). [From Original Enrolled Copy.] 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.3 35 ARTICLE 1. 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 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 government.30 35. Reported by Committee on Rights and Privileges on October 31, as follows: We, the people of the State of Indiana, in order to establish justice, maintain public order, and perpetuate liberty, do ordain this Constitution (p. 165). Engrossed for third reading as follows: We, the people of the State of Indiana, grateful to Almighty God for our freedom, in order to establish justice, maintain public order, and perpetuate liberty, do ordain this Constitution (pp. 320-22). The amendment was adopted by a vote of 107-12. Passed on December 4, by a vote of 124-1 (p. 347). Proposed Preambles: (a) We, the people of the State of Indiana, acknowledging the gracious Providence of God in bestowing upon us the great and manifold blessings of a christian civilization; and in particular, in vouchsafing to us a condition of society in which the social, political, and religious rights conferred by Him on mankind are recognized and respected; for the protection of these rights, and the establishment of justice, liberty, and the general well-being, do solemnly ordain and establish this Constitution. jected by a vote of 43-72. Re (b) We, the people of the State of Indiana, acknowledging our gratitude to God in permitting us to make choice of our form of government, in order to establish justice, maintain public order, and perpetuate liberty, do ordain this Constitution. (c) We, the people of the State of Indiana, in Convention assembled, and having been permitted by the favor and patience of our constituents to remain here so long, do ordain this Constitution. (d) We, the people of the State of Indiana, grateful to Almighty God for our freedom, civil and religious, in order to establish justice, maintain public order, and perpetuate liberty, do ordain this Constitution. 36. Reported by Committee on Rights and Privileges on October 31, as follows: Sec. 1. We declare that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends the people have Section 2. All men shall be secured in the natural right to worship Almighty God, according to the dictates of their own consciences. Section 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience. Section 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. Section 5. No religious test shall be required, as a qualification for any office of trust or profit. Section 6. No money shall be drawn from the treasury, for the benefit of any religious or theological institution.37 Section 7. No person shall be rendered incompetent as a witness, in consequence of his opinions on matters of religion.38 at all times an inalienable right to alter and reform their government (p. 165). Engrossed by a vote of 79-44 as follows: Sec. 1. We declare, that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety and happiness. For the advancement of these ends the people have at all times an inalienable right to alter and reform their government. That the general, great and essential principles of liberty and free government may be recognized and unalterably established We declare, that all men are created equal; that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness (p. 348). Passed on December 5, by a vote of 114-10 (p. 351). 37. Reported by Committee on Rights and Privileges on October 31, as follows: Sec. 2. All men shall be secured in the natural and indefeasible right to worship Almighty God, according to the dictates of their own consciences. No man shall be compelled to attend, erect, or support any place of worship or to maintain any ministry against his consent. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience. No discrimination shall be made by law between religious societies, nor preference be given by law to any mode of worship. No money shall be drawn from the treasury for the benefit of any religious or theological institution (p. 165). Engrossed for third reading as follows: Sec. 2. All men shall be secured in the natural and indefeasible right to worship Almighty God, according to the dictates of their own consciences. No man shall be compelled to attend, erect, or support any place of worship or sects, or to maintain any ministry against his consent. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience. No preference shall be given by law to any religious societies or modes of worship or creeds, and no religious test shall be required as qualification to any office of trust or profit. No money shall be drawn from the treasury for the benefit of any religious or theological institution (p. 349). Passed on December 5, by a vote of 122-0(p. 352). Reported by Committee on Revision on February 1, divided into five short sections, constituting Sections 2, 3, 4, 5 and 6 of Article 1, of the Constitution as adopted. 38. Reported by Committee on Rights and Privileges on October 31, as follows: Sec. 3. No religious test shall ever be required as a qualification for any office of trust or profit; and no person shall be rendered incompetent to be a witness in con Section 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.39 Section 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.40 Section 10. In all prosecutions for libel, the truth of the matters alleged to be libellous may be given in justification."1 Section 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.42 Section 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 sequence of his opinions on matters of religion (p. 166). Engrossed for third reading as follows: No person shall be rendered incompetent to be a witness in consequence of his opinions on matters of religion (p. 352). Passed on December 6, by a vote of 120-1 (p. 359). 39. Supplied by the Committee on Revision (p. 942). 40. Reported by Committee on Rights and Privileges on November 2, as follows: Section 1. No law shall be passed restraining the free interchange of thought and opinions, 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 (p. 187). Engrossed for third reading without amendment (p. 571). Passed on January 1, without vote (p. 578). 41. Reported by Committee on Rights and Privileges on November 2, as follows: Sec. 2. In all prosecutions for libel, the truth of the matter alleged to be libellous may be given in justification, and the jury shall have the right to determine the law and the facts (p. 187). Engrossed for third reading without amendment (p. 571). Recommitted on third reading with instructions to amend as follows: Sec. 2. In all prosecutions for libel, as well in criminal as in civil cases, the truth of the matter alleged to be libellous may be given in justification, and the jury shall have the right, in all criminal cases, to determine the law and the facts (p. 579). Reported by the Committee on Revision on February 1, divided into two shorter sections, constituting Sections 10 and 19 of Article 1 of the Constitution as adopted. 42. Reported by Committee on Rights and Privileges on October 31, as follows: Sec. 6. 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 (p. 166). Engrossed for third reading without amendment (p. 353). Passed on December 6, by a vote of 120-1 (p. 359). freely, and without purchase; completely, and without denial; speedily, and without delay.4 43 Section 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.44 Section 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.45 Section 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor.46 43. Reported by Committee on Rights and Privileges on November 2, as follows: Sec. 3. All courts shall be open, and every person, 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 (p. 187). Engrossed for third reading without amendment (p. 571). Passed on January 1, without vote (p. 579). 44. Reported by Committee on Rights and Privileges on November 2, as follows: Sec. 5. In all criminal prosecutions the accused shall have public trial by an impartial jury of his peers, in the county in which the offense shall have been committed; he shall have the right 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 (p. 187). Engrossed for third reading as follows: Sec. 5. In all criminal prosecutions the accused shall have a right to a public trial by an impartial jury, in the county in which the offense shall have been committed: he shall have the right 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 (p. 572). Passed on January 1, without vote (p. 579). Amendments proposed and rejected: (1) Trial of accused in the county where the offence was committed, unless for good cause shown, the court may direct a change of the place of trial to some other county.'' (2) That an accused shall have the closing argument before the court or jury trying the same."' 45. Reported by Committee on Rights and Privileges on November 2, as follows: Sec. 6. No man shall be compelled to give evidence against himself. No man shall be put in jeopardy twice for the same offence (p. 187). Engrossed for third reading as follows: Sec. 6. No person shall be compelled to give evidence against himself, in any criminal prosecution. No person shall be put in jeopardy twice for the same offence. (p. 572). Passed on January 1, without vote (p. 579). 46. Reported by Committee on Rights and Privileges on November 2, as follows: Sec. 4. No person arrested or confined in jail, shall be treated with unnecessary rigor. No person shall be put on trial on any criminal charge, without public opportunity first had to offer rebutting testimony, and repel the charge in its inception (p. 187). Engrossed for third reading, by a vote of 93-28, as follows: Sec. 4. No person arrested or confined in jail shall be treated with unnecessary rigor. The legislature may continue, abolish, or modify the grand jury system (p. 718). Passed on January 21, by a vote of 94-33 (p. 737). The Committee on Revision reported that the section had been referred to them in the following form: Sec. 4. No person arrested or confined in jail shall be treated with unnecessary rigor (p. 869). See Note 57. p. 302. Amendments proposed and rejected: (1) That no person arrested or confined in Section 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.47 Section 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.49 Section 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.49 Section 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.50 Section 20. In all civil cases, the right of trial by jury shall remain inviolate. 51 jail shall be treated with unneccessary rigor, or be put to answer any criminal charge but by presentment, indictment, or impeachment. (2) The following proposed supplemental provision was rejected by a vote of 51-67: No person shall be held to answer a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury; and all offences, the punishment of which is by fine, or fine and imprisonment in the county jail alone, shall be prosecuted in such manner as shall be prescribed by law. (3) No person shall be put upon trial for any criminal charge which amounts to a felony, except upon presentment or indictment; and all crimes or misdemeanors, less than felonies, shall be tried in such manner as may be prescribed by law. Rejected by a vote of 54-67. (4) No person arrested or confined in jail shall be held to answer to any criminal charge, except in such manner as shall be prescribed by law. (5) No person arrested or confined in jail shall be treated with unnecessary rigor. No person shall be held to answer to any criminal charge, except in such manner as shall be prescribed by law. 47. Privileges on November 2, as follows: Reported by Committee on Rights and Sec. 9. Excessive bail shall not be required. Cruel and unusual punishment shall not be inflicted. to the nature of the offence (p. 187). Engrossed for third reading without amendment (p. 574). Passed on January 16, by a vote of 128-0 (p. 692). Amendment proposed and rejected: (1) The penalty of death shall in no case be inflicted, unless it be for the crime of cool, premeditated, and deliberate murder. 48. Reported by Committee on Rights and Privileges on November 2, as follows: Sec. 7. Offenses other than capital, shall be bailable by sufficient sureties. Capital offenses shall not be bailable when the proof is evident or the presumption great (p. 187). Engrossed for third reading as follows: Sec. 7. 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 great (p. 573). Read a third time on January 1, and passed without vote (p. 579). Amendment proposed and rejected; (1) All offenses shall be bailable by sufficient sureties, the amount of such bail to be graduated according to the magnitude of the offense, and the circumstances of the accused party. Rejected by a vote of 9-90. 49. Proposed by Mr. March on January 29, as an additional section; adopted without amendment and advanced to engrossment. Sec. 4. The penal code of this State shall be founded on the principles of reformation and not of vindictive justice (p. 826). Passed without vote on January 30 (p. 835). 50. See Note 41, p. 297. 51. Reported by Committee on Rights and Privileges on October 26, as follows: Sec. 2. In all civil cases where the amount in controversy shall exceed the sum of twenty dollars, and in all criminal [cases] whatever, the right of trial by jury shall remain inviolate (p. 138). Amended on second reading as follows: In all civil and criminal cases whatever, the right of trial by jury shall remain inviolate (p. 204). Passed on November 18, by a vote of 91-26 (p. 267). |