Sect. 7. The Judges of the supreme Cour: shall be appointed by the Governor, by and with the advice, and consent of the senate. The Presidents of the circuit Courts shall be appointed by Joint Ballot of both branches of the General Assembly, and the associate Judges of the Circuit Courts, shall be elected by the [by the] qualified electors in the respective Counties.

Sect. 8. The supreme Court shall appoint its own Clerk, and the clerks of the circuit Court, in the several Counties, shall be elected by the qualified electors, in the several Counties, but no person shall be eligible to the office of clerk of the Circuit Court in any County, unless he shall first have obtained, from one or more of the Judges of the Supreme Court, or from one or more of the Presidents of the Circuit Courts, a certificate that he is qualified to execute the duties of the office of Clerk of the circuit Court; provided that nothing herein Contained shall prevent the circuit Courts in each County, from appointing a clerk pro tem, until a qualified Clerk may be duly elected, and provided also, that the said clerks respectively when qualified, and elected, shall hold their offices seven years, and no longer, unless re-appointed.

Sect. 9. All clerks shall be removable by impeachment as in other cases.

Sect. 10. When any vacancies happen in any of the Courts occasioned by the death, resignation, or removal from office of any Judge of the supreme, or Circuit Courts, or any of the clerks of the said Courts, a successor shall be appointed in the same manner, as herein before prescribed, who shall hold his office for the period which his predecessor had to serve, and no longer unless reappointed.

Sect. 11. The style of all process shall be "The State of Indiana." All prosecutions shall be carried on in the name and by the authority of the State of Indiana; and all indictments shall conclude, against the peace and dignity of the same.3

37

37. Sections 7, 8, 9, 10 and 11 were reported by the committee as follows, no subsequent amendments thereto being recorded:

Sec. 7. The judges of the Supreme court shall be appointed by the governor, by and with the advice and consent of the senate. The presidents of the circuit courts shall be appointed by joint ballot of both branches of the legislature; and the associate judges of the circuit courts shall be elected by the qualified electors in their respective counties.

Sec. 8. The Supreme court shall appoint its own clerk; and the clerks of the circuit courts, in the several counties, shall be elected by the qualified electors in the several counties; but no person shall be eligible to the office of clerk of the circuit court, in any county, unless he shall first have obtained from one or more of the judges of the Supreme court, or from one or more of the presidents of the circuit courts, a certificate, that he is qualified to execute the duties of the office of clerk of the circuit court: Provided, That nothing herein contained shall prevent the circuit court, in each county,

Sect. 12. 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 five years, if they shall so long behave well, whose powers, and duties shall, from time to time, be regulated and defined by law.38

ARTICLE VI.39

Sect. 1st. In all elections, not otherwise provided for by this constitution, every white male Citizen of the united States, of the age of twenty-one years and upwards, who has resided in the State, one year immediately preceeding such election, shall be entitled to vote in the County where he resides; except such as shall be enlisted in the army of the united States or their allies.40 from appointing a clerk pro tem until a qualified clerk may be duly elected: provided also, That the said clerks respectively, when qualified and elected, shall hold their offices seven years, and no longer, unless re-appointed.

And

Sec. 9. All clerks shall be removable by impeachment, as in other cases. Sec. 10. When any vacancies happen in any of the courts, occasioned by the death, resignation, or removal from office, of any judge of the Supreme or circuit courts, or any of the clerks of the said courts, a successor shall be appointed in the same manner as herein before prescribed, who shall hold his office for the period which his predecessor had to serve, and no longer, unless re-appointed. All prose

Sec. 11. The style of all process shall be, "The State of Indiana.' cutions shall be carried on in the name and by the authority of the State of Indiana; and all indictments shall conclude, against the peace and dignity of the same. (Conv. J., p. 47.) 38. Section 12, was proposed on first reading, as follows, and adopted by consent: Sec. 12th. 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 five years, if they shall so long behave well-whose powers and duties shall from time to time be regulated and defined by law. (Conv. J.. p. 47.)

An attempt to amend this section by fixing the term of office of justices of the peace at three years instead of five was lost by a vote of 18-24. An attempt to fix the offices of justices of the peace in each town corporate or county seat was lost by a vote of 17-22. (Conv. J., p. 47.)

A section to be number 13, was proposed and rejected by a vote of 8-33. as follows:

It was

Provided, however, That the operation of the Supreme court, provided for in this article, shall be suspended until the year eighteen hundred and twenty; and until that time it shall be the duty of the presiding judges of the circuit courts, to hold a court of errors and appeals at the seat of government, and at such other places as the legislature may from time to time prescribe, under such rules and regulations as the said article provides for the holding the Supreme court aforesaid. (Conv. J., p. 54.)

39. Article VI, was reported by the Committee on Elective Franchise and Elections on June 13, considered and amended on June 14, reported by Committee of Revisions on June 25, and passed on June 27.

40. Section 1, was reported as follows:

Sec. 1st. In all elections every white male person of the age of twenty-one years and upwards, who has resided in the Sta e the last six months previous to such election sh ll be entitled to vote in the county or district where he resides.

15.)

(Conv. J., p.

Amended in committee of the whole on June 14 to read as follows: Sec. 1st. In all elections not otherwise provided for by this constitution every white male citizen of the United States of the age of twenty-one years and upwards, who has resided in the State one year immediately preceding such election, shall be entitled to vote in the county or district where he resides, except such as shall be enlisted in the army of the United States or their allies. (Conv. J., p. 22.)

Sect. 2. All elections shall be by ballot; provided that the General Assembly may, if they deem it more expedient at their Session in eighteen hundred and twenty-one, change the mode so as to vote viva voce, after which time it shall remain unalterable.41

Sect. 3. Electors shall in all cases, except treason felony, or breach of the peace, be free from arrest, in going to, during their attendance at, and in returning home from elections.42

Sect. 4. The General Assembly shall have full power to exclude from electing, or being elected, any person convicted of any infamous crime.43

Sect. 5. Nothing in this article shall be so construed as to prevent citizens of the united States, who were actual residents. at the time of adopting this constitution, and who, by the existing laws of this Territory are entitled to vote or persons who have been absent from home on a visit, or necessary business, from the privilege of electors.44

41. Section 2 was reported as follows:

Sec. 2nd. All votes shall be given viva voce.

Amended in committee of the whole on June 14 to read as follows:

Sec. 2nd. All votes shall be given by ballot for four years and afterwards be regulated by the legislature; and when thereafter established it shall remain unalterable, unless altered by a future convention of the people. Provided, if the legislature, at their first session after the expiration of the said four years, shall neglect or refuse to make any alteration in the mode of voting, they shall thereafter forever be precluded from legislating on the subject.

The proviso for four years and afterwards be regulated by the legislature; and when thereafter established, it shall remain unalterable, unless altered by a future convention of the people," was adopted by a vote of 22-21. The changes in the first sentence, "All votes shall be given by ballot,'' and the proviso at the end of the section were taken by consent. An attempt, lost by a vote of 17-26, was made to strike out the whole section. (Conv. J., pp. 22-3.)

42. Reported by committee as follows:

Sec. 3rd. Electors shall in all cases, except treason, felony, or breach of the peace, be free from arrest in going to, during their attendance at, and in returning home from the election. (Conv. J., p. 15.)

Sec. 4th.

The legislature shall have full power to exclude from electing or being elected any person convicted of any infamous crime. (Conv. J., p. 15.)

Sec. 5th. Nothing in this article shall be so construed as to prevent persons who were actual settlers at the time of adopting this constitution, or persons who have been absent from home on a visit or necessary business, from the privilege of electors. (Conv. J., p. 15.)

Amended in committee of the whole to read as follows:

Sec. 5th. Nothing in this article shall be so construed as to prevent citizens of the United States who were actual residents at the time of adopting this constitution, or citizens who by the existing laws of this territory are entitled to vote or persons who have been absent from home on a visit or necessary business, from the privilege of electors. (Conv. J., p. 23.)

ARTICLE VII.45

Sect. 1st. The Militia of the State of Indiana shall consist of all free able bodied male persons; Negroes, Mulattoes and Indians excepted, resident in the said state, between the ages of eighteen, and forty-five years, except such persons as now are, or hereafter may be exempted by the laws of the United States, or of this State; and shall be armed, equipped, and trained, as the general Assembly may provide by law.46

Sect. 2. No person or persons conscientiously scrupulous of bearing arms, shall be compelled to do Militia duty; provided such person or persons shall pay an equivalent for such exemption; which equivalent shall be collected annually, by a civil officer, and be hereafter fixed by law, and shall be equal as near as may be, to the lowest fines assessed on those privates in the Militia, who may neglect or refuse to perform Militia duty.47

Sect. 3. Captains and subalterns shall be elected by those per

45.

Reported by Committee on the Militia on June 14. Considered by committee of the whole on June 18, amended and engrossed for second reading. Read second time on June 21, amended and referred to the Committee of Revisions. Reported back to Convention on June 25, and engrossed for third reading June 27, read third time and passed.

46.

Reported by committee as follows: Section 1. The militia of the State of shall consist of all free able-bodied white male citizens, resident in the said state, between the ages of eighteen and fortyfive years, except such persons as now are, or hereafter may be, exempted by the laws of the United States, and shall be armed, equipped, and trained, as the legislature may from time to time provide by law. (Conv. J., p. 20.)

Amended in committee of the whole, by consent, to read as follows:
Section 1. The militia of the State of

shall consist of all free able-bodied

white male citizens, negroes, mulattoes, and Indians, excepted, resident in the said State, between the ages of eighteen and forty-five years, except such persons as now are, or hereafter may be, exempted by the laws of the United States, and of this State and shall be armed, equipped, and trained, as the legislature may from time to time provide by law. (Conv. J., p. 35.)

On second reading, the word "citizens' was stricken out and the word "persons'' was inserted.

Reported by committee as follows:

47. Sec. 2.

No person or persons, conscientiously scrupulous of bearing arms, shall be compelled to do militia duty, provided such person or persons will pay an equivalent for such exemption, which equivalent shall be hereafter fixed by law, and shall be equal as near as may be to the lowest fines assessed on those privates in the militia who may neglect or refuse to perform militia duty, and shall hereafter be fixed by law. (Conv. J., p. 20.)

mended in committee of the whole, by consent, to read as follows:

Sec. 2. No person or persons, conscientiously scrupulous of bearing arm, shall be compelled to do militia duty, provided such person or persons shall pay an equivalent for such exemption, which equivalent shall be hereafter fixed by law, and shall be collected annually by a civil officer and be equal as near as may be to the lowest fines assessed on those privates in the militia who may neglect or refuse to perfor mmilitary (Conv. J., pp. 35, 44.)

An attempt to strike out the whole section was lost by a vote of 16-25. (Conv. J., p. 43.)

sons in their respective Company districts, who are subject to perform Militia duty, and the captain of each Company shall appoint the non-commissioned officers to said company.

Sect. 4. Majors shall be elected by those persons within the bounds of their respective Battalion districts, subject to perform Militia duty, and Colonels shall be elected by those persons within the bounds of their respective Regimental districts, subject to perform Militia duty.48

Sect. 5. Brigadier Generals shall be elected by the commissioned officers within the bounds of their respective brigades, and Major Generals shall be elected by the Commissioned officers within the bounds of their respective Divisions.49

Sect. 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.50

48.

Sections 3 and 4 were reported by the committee as follows:

Sec. 3. Captains and subalterns shall be elected by those citizens in their respective company districts who are subject to perform militia duty, and the captain of each company shall appoint the non-commissioned officers to said company.

Sec. 4. Majors shall be elected by those citizens within the bounds of their respective battalion districts subject to perform militia duty; and colonels shall be elected by those citizens within the bounds of their respective regimental districts subject to perform militia duty. (Conv. J., p. 20.)

On second reading, the word ''citizens' was stricken out and the word 'persons'' inserted.

Sec. 5. Brigadier-generals shall be elected by the commissioned officers within the bounds of their respective brigades; and major-generals shall be elected by the commissioned officers within the bounds of their respective divisions. (Conv. J., p. 21.) Amended in committee of the whole, by consent, to read as follows:

Sec. 5. Brigadier-generals shall be elected by the commissioned officers within the bounds of their respective brigades; and major-generals shall be elected by the commissioned officers of their respective divisions. (Conv. J., p. 35.)

In recording an amendment to this section, the Journal is not clear whether the expression within the bounds'' is to be inserted or erased. It occurs in the original and in the section as finally adopted, but is omitted here, as this seems the more rational rendering of the language of the Journal. If it was omitted, it was subsequently restored.

An amendment was proposed that the whole of Section 5 be stricken out and the following inserted: "Major-generals and brigadier-generals shall be appointed by the governor, by and with the advice and consent of the senate.'' The proposal was lost by a vote of 9-33. (Conv. J., p. 43.)

50. Reported by committee as follows:

Sec. 6. Troops and squadrons of cavalry, and companies of artillery, may be formed in the said state in such manner as shall hereafter be prescribed by law: Provided, however, that every troop or squadron of cavalry, or company of artillery, which