INDIANA. The name of one of the new states of the United States. This state
was admitted into the Union by virtue of the "Resolution for admitting the
state of Indiana into the Union," approved December 11, 1816, in the
following words: Whereas, in pursuance of an act of congress, passed on the
nineteenth day of April, one thousand eight hundred and sixteen, entitled
"An act to enable the people of the Indiana territory to from a constitution
and state government, and for the admission of that state into the Union,"
the people of the said territory did, on the twenty-ninth day of June, in
the present year, by a convention called for that purpose, form for
themselves a constitution and state government, which constitution and state
government, so formed, is republican, and in conformity with the principles
of the articles of compact between the original states and the people and
states in the territory north-west of the river Ohio, passed on the
thirteenth day of July, one thousand seven hundred and eighty-seven.
2. Resolved, That the state of Indiana shall be one, and is hereby
declared to be one of the United States of America, and admitted into the
Union on an equal footing with the original states, in all respects
whatever.
3. The first constitution of the state was adopted in the year
eighteen hundred and sixteen, and has since been superseded by the present
constitution, which was adopted in the year eighteen hundred and fifty-one.
The powers of the government are divided into three distinct departments,
and each of them is confided to a separate body of magistracy, to wit: those
which are legislative, to one; those which are executive, including the
administrative, to another; and those which are judicial to a third. Art.
III.
4.-1st. The legislative authority of the state is vested in a general
assembly, which consists of a senate and house of representatives, both
elected by the people.
5. The senate is composed of a number of persons who shall not exceed
fifty. Art. 2. The number shall be fixed by law. Art. IV. 6. A senator shall
1. Have attained the age of twenty-five years. 2. Be a citizen of the United
States. 3. Have resided, next preceding his election, two years in this
state, the last twelve months of which must have been in the county or
district in which he may be elected. Senators shall be elected for the term
of four years, and one-half as nearly as possible shall be elected every two
years.
6.-2. The number of representatives is to be fixed by law. It shall
never exceed one hundred members. Art. IV. s. 2, 5.
7. To be qualified for a representative, a person must, 1. Have
attained the age of twenty-one year's. 2. Be a Citizen, of the United
States. 3. Have 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. Art. IV. s. 7.
Representatives are elected for the term of two years from the day next
after their general election. Art. IV. s. 3. And they shall be chosen by the
respective electors of the counties. Art. IV. s. 2.
8.-2d, The executive power of this state is vested in a governor. And,
under certain circumstances, this power is exercised by the lieutenant-
governor.
9.-1. The governor is elected at the time and place of choosing
members of the general assembly. Art. V. s. 3. The person having the highest
number of votes for governor shall be elected; but, in case to or more
persons shall have an equal and the highest number of votes for the office,
the general assembly shall, by joint vote, forthwith proceed to elect one of
the said persons governor. He shall hold his office during four years, and
is not eligible more than four years in any period of eight years. The
official term of the governor shall commence on the second Monday of
January, in the year one thousand eight hundred and fifty-three, and on the
same day every fourth year thereafter. His requisite qualifications are,
that he shall, 1. Have been a citizen of the United States for five years.
2. Be at least thirty years of age. 3. Have resided in the state five years
next preceding his election. 4. Not hold any office under the United States,
or this state. He is commander-in-chief of the army and navy of the state,
when not in the service of the United States, and may call out such forces,
to execute the laws, to suppress insurrection, or to repel invasion. He
shall have the power to remit fines and forfeitures; grant reprieves and
pardons, except treason and cases of impeachments; and to require
information from executive officers. When, during a recess of the general
assembly, a vacancy shall happen in any office, the appointment of which is
vested in the general assembly, or when at any time a vacancy shall have
happened in any other state office, or in the office of judge of any court,
the governor shall fill such vacancy by appointment, which shall expire when
a successor shall have been elected and qualified. He shall take care that
the laws be faithfully executed. Should the seat of government become
dangerous, from disease or at common enemy, he may convene the general
assembly at any other place. He is also invested with the veto power. Art. V.
10.-2. The 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 lieutenant-
governor, the electors shall distinguish whom they vote for as governor, and
whom as lieutenant-governor. 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. In case of the removal of the governor from office, death,
resignation, or inability to discharge the duties of the office, the
lieutenant-governor shall exercise all the powers and authority appertaining
to the office of governor. 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 the general assembly shall, by law, provide for the case
of removal from office, death, resignation, or inability, both of the
governor and lieutenant-governor, declaring what office r shall then act as
governor; and such officer shall act accordingly, until the disability be
removed, or a governor be elected. The lieutenant-governor, while he acts as
president of the senate, shall receive for his services the same
compensation as the speaker of the house of representatives. The lieutenant-
governor shall not be eligible to any other office during the term for which
he shall have been elected.
11.-3. The judicial power of the state is vested by article VII of the
Constitution as follows:
Sec. 1. The judicial power of this state shall be vested in a supreme
court, in circuit courts, and in such other inferior courts as the general
assembly may direct and establish.
12.-2. The supreme court shall consist of not less than three nor more
than five judges, a majority of whom form a quorum, which shall have
jurisdiction co-extensive with the limits of the state, in appeals and writs
of error, under such regulations and restrictions as may be prescribed by
law, shall also have such original jurisdiction as the general assembly may
confer. And upon the decision of every case, shall give a statement, in
writing, of each question arising in the record of such case, and the
decision of the court thereon.
13.-3. The circuit courts shall each consist of one judge. The state
shall, from time to time, be divided into judicial circuits. They shall have
such civil and criminal jurisdiction as may be prescribed by law. The
general assembly may provide by law, that the judge of one circuit may hold
the court of another circuit in case of necessity or convenience; and in
case of temporary inability of any judge, from sickness or other cause, to
hold the courts in his circuit, provision shall be made by law for holding
such courts.
14.-4. Tribunals of conciliation may be established with such powers
and duties as shall be prescribed by law; or the powers and duties of the
same may be conferred on other courts of justice; but such tribunals or
other courts when sitting as such, shall have no power to render judgment to
be obligatory on the parties, unless they voluntarily submit their matters
of difference, and agree to abide the judgment of such tribunal or court.
15.-5. The judges of the supreme court, the circuit and other inferior
courts, shall hold their offices during the term of six 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.
16.-6. All judicial officers shall be conservators of the peace in
their respective jurisdiction.
17.-7. The state shall be divided into as many districts as there ate
judges of the supreme court; and such districts shall be formed of
contiguous territory, as nearly equal in population, as without dividing a
county the same can be made. One of said judges shall be elected from each
district, and reside therein; but said judges shall be elected by the
electors of the state at large.
18.-8. There shall be elected by the voters of the state, a clerk of
the supreme court, who shall hold his office four years, and whose duties
shall be prescribed by law.
19.-9. There shall be elected in each judicial circuit by the voters
thereof, a prosecuting attorney, who shall hold his office for two years.
20.-10. A competent number of justices of the peace shall be elected
by the qualified electors in each township in the several counties, and
shall continue in office four years, and their powers and duties shall be
prescribed by law.
21.-11. Every person of good moral character, being a voter, shall be
entitled to admission to practice law in all courts of justice.
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