Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-07

by prayer, by the Rev Mr.. IsENsEE
Mr.. OWEN, from the committee on rights and priv
leges reported the following sections:
SEC. No law shall be passed, restraining the free
interchange OF thoughts and opinions restricting the
right speak, wite print, freely, on any subject
whatever But for the abuse Of that right every person
shall be responsible.
SEC - In all prosecutions for libel the truth Of the
matters alleged he lbellous, may be given in ust
feation and the jury shall have the right determine
the law and the facts.
SEC All courts shall be open, and every person for
injury done him in his person, property, reputation
he administered freely and without purchase, complete
ly and without denial, speedily, and without delay
SEC. = No person rested confined in jail, shall
be treated with unnecessary rgor No person shall be
put trial any criminal charge, without public OPP
porunity first had to offer rebuttng testimony, and
pei the charge IN its inception.
SEE. In all criminal prosecutions, the accused
shall have public trial y impartial jury Of his peers,
in the county which the offence shall have been
mtted; he shall have the right to be heard by himself
and counse demand the nature and cause OF the
cusation against him. and to have copy thereof; to
meet the witnesses face to lace. and to have compulsory
process for obtaining witnesses in his favor.
SEC No shall be compelled to give evidence
against himself No shall be put IN jeopardy twice
for the same offence.
SEC Offences other than capital, shall be baiiable
by sufficient suretes Capital offences shall not be bail
able, when the proof is evident or tie presumption
great.
SEC =. The privilege of the writ Of habeas corpus
shall not he suspended except case OF rebellion or IN
vason; and then only if the public safety demand IT.
SEC =. Excessive bail shall not he required Excess
sye fines shall be imposed. Cruel and unusual pun
ishments shall not be inflicted All penalties shall be
propnrtoned TO the nature of the offence
SEC. No er post (Gcto law, nor law impairing the
obligation of contracts, shall be pissed.
SEC. No conviction shall work corruption of blood,
or forfeiture of estate.
SEC. - No law STALL restrict the right Of the people
bear arms, whether in defence Of themselves or of
the State.
SEC : The military shall be kept in strict subordi
nation to the civil power.
SEC = No Soldier SHALL in time of peace, be quar-
tered in any house without the consent Of the owner
nor in time of war, but in to be prescribed by
law
SEC. =. The Legislature shall not bcstow any title of
nobility confer hereditary distinctions, nor grant ex
traordinary privileges
SEC =. The Legislature shall not create any Office,
the tenure of which shall he longer than five years.
SEC. =. Emigration from the State shall not be pro-
hibted.
SEC = There shall he neither slavery nor nvolunta-
nv servitude within this State, otherwise than for the
punishment of crimes whereothe party shall have been
duly convicted No ndenture of any negro mulatto
made and executed of the bounds of this State shall
be aid within the ,tate.
Read and passed to second reading.
Mr. Foster, from the committe on the elective fran
clse, reported the following sections:
SEC. =. The Senate shall consist of Thirty-Four
members, ana the House oil Representatives ul One
Hundred be elected by the qualified electors Of their
respective counties or Of the districts into which the
State may, from time to time be divided.
SEC. The General Assembly shall every sixth year,
after the adoption of this Constitution make equita-
bic Distribution of the above named number of Senators
and Representatives among the several counties and
Districts provided always that county shall be dyi-
ded for Senatorial or Representative purposes.
Read and passed to a second reading
The Convention resumed the consideration Of the
ton in relation to the term Of service of Auditor and
Treasurer-the pending question being the amend
men of Mr. RARIDEN striking the proyiso that the
Auditor and Treasurer shall only he eligible four years in
every six years. Mr. SMITH of Ripley considered this
very important question; but owing to the thnness Of
the House he would discuss now, unless forced
do So and he moved that the amendment be laid upon
the table; which motion prevailed-ayes g. noes Sc.
Mr. TERRY moved to amend, to provide that the
Auditor shall hold his Office four years, and striking out
tic provision rendering him ineligible. Mr.. Terry
commended that the restriction placed upon officers, by
fnsng the people the privilege of rejoicing was in
consistent with the principles of government 1t might
he democratic. but it not republican. Il virtu-
ally saysing the asprants for Office stand back your
turn will come next 1t would materially aid the
chinery of party in bestowng Office. Mr. SMITH Of
Ripley did know the politics of the gentleman last
up. But he would discuss the question for a moment
The genteman's doctrine for perpetual eligibility
doctrine at with rotation in Office; for in the ex-
ecutivc officers it would aid in building up central pow
er dangerous the spirit of free institutions He
was for breaking up the possibility of ciques Of Office
holders perpetuatng their power at the seat of govern
ernment He asked, why restrict the Governor, who
had far less power than the Treasurer and Auditor
! ,i,a
GERS? Pablo opinion had restricted the President from
holding the oficcc after the second term. he was for
carrying the restrictive principle all the officers oft
State 1t might be said, here armed clerk
who faithful and capable would you turn him outl He
would answer there thousand armed men equally
capable of Office and equally entitled the surages
of the people Seven five years is sufficient for any
man in Office. We should encourage our young men
to qualify themselves for Office. His doctrine was short
terms, frequent accountability and rotation in office He
was opposed that principle that will enable public
officers to perpeiuate themselves in Office Mr. STEELE
was in favor of the amendment. He in favor Of
leaving power in the hands of the sovereign people
contended that public opinion had regulated the
of the President That public opinion he believed
would properly regulate the of all public officers
and should be lett unrestricted.
Mr.. NILES said, the arguments ofthe gentleman from
Ripley (Mr Smith, founded in two radical errors
First that Office is created for the benefit of the Office
holders; and secondly that unrestricted power is not
safe in the hands of the people, elect whomsoyer they
please. He for short terms and frequent accouna-
biy and that the people should have power elect
ing their own agents. Mr.. RARrDEN opposed all re.
but at the people should have the to elect
either the incumbent or any other person. Mr. OWEN
thought tht gentlemen had wandered from the question