Sect. 21. A secretary of state shall be chosen by the joint ballot of both houses of the General Assembly, and be commissioned by the Governor for four years, or until a new secretary be chosen and qualified. He shall keep a fair register, and attest all the official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes and vouchers, relative thereto, before either house of the General assembly, and shall perform such other duties as may be enjoined him by law.26

Sect. 22. Every bill, which shall have passed both houses of the General assembly, shall be presented to the Governor: if he approve, he shall sign it; but if not, he shall return it with his objections, to the house in which it have originated, who shall enter the objections at large upon their Journals and proceed to reconsider it; if after such reconsideration, a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by a majority of all the members elected to that house, it shall be a law; but, in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for, and against the bill, shall be entered on the Journals of each house respectively. If any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like manner as if he had signed it: unless the General

Sec. 22nd. A secretary shall be chosen by joint ballot of both houses of the legislature, and commissioned by the governor for four years, or until a new secretary be chosen and qualified, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the legislature, and shall perform such other duties as may be enjoined him by law. (Conv. J., p. 29.)

Prior to June 21, this section had been amended to read substantially as follows: Sec. 21st. A secretary shall be appointed by the governor, by and with the advice and consent of the senate, and commissioned by the governor for four years, or until a new secretary be chosen and qualified, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the legislature, and shall perform such other duties as may be enjoined him by law. (Conv. J., p. 42.)

On June 21, this section, by a vote of 24-16, was amended to read as follows: Sec. 21st. A secretary of state shall be chosen by the joint ballot of both houses of the legislature and commissioned by the governor for four years, or until a new secretary be chosen and qualified, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the legislature, and shall perform such other duties as may be enjoined him by law. (Conv. J., p. 42.)

adjournment prevents its return, in which case it shall be a law, unless sent back within three days after their next meeting.27

Sect. 23. Every resolution, to which the concurrence of both houses may be necessary, shall be presented to the Governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill.28

Sect. 24. There shall be elected, by joint ballot of both houses of the General Assembly, a Treasurer, and Auditor, whose powers and duties shall be prescribed by law, and who shall hold their offices three years, and until their successors be appointed and qualified.

Sect. 25. There shall be elected in each County, by the qualified electors thereof, one Sheriff, and one Coroner, at the times and places of holding elections for members of the General assembly. They shall continue in office two years, and until successors shall be chosen and duly qualified: provided, that no person shall be eligible to the office of sheriff more than four years in any term of six years.2

29

Sect. 26. There shall be a seal of this State, which shall be

27.

Reported by committee as follows, no amendments being recorded:

Sec. 23d. Every bill which shall have passed both houses of the general assembly, shall be presented to the governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. If after such reconsideration, a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by a majority of all the members elected to that house, it shall be a law: But in such cases, the votes of both houses, shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shail not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like manner, as if he had signed, unless the general adjournment prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting. (Conv. J., p. 30.)

Sec. 24th. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him; or being disapproved shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill. (Conv. J., p. 30.)

Amended, by consent, to read as follows:

Sec. 24th. Every resolution to which the concurrence of both houses may be necessary, shall be presented to the governor, and before it shall take effect, be approved by him; or being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill. (Conv. J., p. 42.)

29. There is no record of the origin or consideration of Sections 24 and 25.

kept by the Governor and used by him officially, and shall be called, the seal of the State of Indiana.30

ARTICLE V.31

Sect. 1st. The Judiciary power of this State, both as to mat

30. Proposed as an additional section after the article had been referred back to the Convention from the Committee on Revisions and adopted by consent, as follows: There shall be a seal of this State, which shall be kept by the governor, and used by him officially, and shall be called, the seal of the State of Indiana. (Conv. J., p. 55.)

31. Reported by Committee on Judiciary on June 17. Considered in committee of the whole on June 20. On June 21, the committee of the whole was discharged from the further consideration of the subject and the matter was referred to a select committee of six members. As reported by the Committee on Judiciary, this Article was as follows:

Sec. 1st. The judiciary power of this State, both as to matters of law and equity, shall be vested in one Supreme court, in circuit courts, and in such other inferior courts as the legislature may from time to time direct.

Sec. 2d. The Supreme court shall consist of three judges, and shall have appellate jurisdiction only; which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law.

Sec. 3d. The circuit courts shall each consist of a president and associate judges. The State shall be divided, by law, into three circuits, for each of which a president shall be appointed, who, during his continuance in office, shall reside therein. The president and associate judges in their respective counties, any two of whom shall form a quorum, shall constitute the circuit court; and shall have a common law and chancery jurisdiction, and also complete criminal jurisdiction, in all such cases, and in such manner as shall be directed by law: Provided, That nothing herein contained shall prevent the legislature from increasing the number of circuits and presidents, as the exigencies of the state may require.

Sec. 4th. The judges of the Supreme, the circuit, and other inferior courts, shall hold their offices during good behaviour, and shall at all times receive for their services a compensation which shall not be diminished during their continuance in office.

Sec. 5th. The judges of the Supreme court shall, by virtue of their offices, be conservators of the peace throughout the State; as also the presidents of the circuit courts, in their respective circuits, and the associate judges, in their respective counties.

Sec. Eth. The Supreme court shall hold its sessions at the seat of government, at such times as shall be prescribed by law.

Sec. 7th. The judges of the Supreme court, and the presidents of the several circuit courts, shall be appointed by the governor, by and with the advice and consent of the senate; and the associate judges, by the qualified electors in their respective counties.

Sec. 8th. 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 each county respectively. 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 well 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 any county, from appointing a clerk pro tem. until a qualified clerk may be duly elected. All clerks shall be removable by their respective courts for breach of good behaviour, or for incapacity to discharge the duties of the office, subject to an appeal from the circuit to the Supreme court, as in other cases; and in all cases of complaint for the purpose of removing a clerk, the court shall be judge of the facts as well as the law.

Sec. 9th. 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. (Conv. J., p. 31.)

The redraft of the Article was reported by the select committee on Ju and ordered engrossed for second reading. On June 24, considered and submitted to the Committee on Revisions. On June 25, the Ar back to the Convention, considered and ordered engrossed for third 27, the Article was read a third time and passed.

ters of law and equity, shall be vested in one Supreme Court, in Circuit Courts, and in such other inferior Courts, as the General Assembly may from time to time, direct and establish.32

Sect. 2nd. The Supreme Court shall consist of three Judges, any two of whom shall form a quorum, and shall have appellate Jurisdiction only which shall be co-extensive with the limits of the State, under such restrictions, and regulations, not repugnant to this constitution, as may from time to time be prescribed by law. Provided nothing in this article shall be so construed, as to prevent the General Assembly from giving the Supreme Court original Jurisdiction in Capital cases, and cases in chancery, where the President of the Circuit Court, may be interested or prejudiced.33

Sect. 3rd. The Circuit Courts shall each consist of a President, and two associate Judges. The State shall be divided by law into three circuits, for each of which, a president shall be appointed, who during his continuance in office, shall reside therein. The President and associate Judges, in their respective Counties, shall have Common law and chancery Jurisdiction, as also complete criminal Jurisdiction, in all such cases and in such manner, as may be prescribed by law. The President alone, in the absence of the associate Judges, or the President and one of the associate Judges, in the absence of the other shall be competent to hold a Court, as also the two associate Judges, in the absence of the President, shall be competent to hold a Court, except in capital cases, and cases in chancery, provided, that nothing herein contained, shall prevent the General Assembly from increasing the number of circuits, and Presidents, as the exigencies of the State may from time to time require.34

32. Section 1 was reported by the committee as follows, no subsequent amendments thereto being recorded.

Section 1. The judiciary power of this State, both as to matters of law and equity, shall be vested in one Supreme court, in circuit courts, and in such other inferior courts, as the legislature may from time to time direct and establish. (Conv. J., p. 45.)

On June 25, after the Committee on Revisions had reported, an attempt was made to amend this section by striking out the words three judges'' and inserting one or more judges, as the general assembly shall from time to time prescribe by law." Rejected by a vote of 16-25. (Conv. J., p. 56.)

33. Reported by committee as follows:

Sec. 2. The Supreme court shall consist of three judges, any two of whom shall form a quorum, and shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law. (Conv. J., p. 45.) 34. Reported by committee as follows:

Sec. 3. The circuit courts shall each consist of a president, and two associate judges. The State shall be divided by law into three circuits, for each of which a president shall be appointed, who, during his continuance in office, shall reside therein, the president and associate judges in their respective circuits, shall have common law and

Sect. 4. The Judges of the supreme Court, the Circuit, and other inferior Courts, shall hold their offices during the term of seven 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.

Sect. 5. The Judges of the Supreme Court shall by virtue of their offices, be conservators of the peace throughout the State, as also the Presidents of the Circuit Courts, in their respective Circuits, and the associate Judges in their respective Counties.35

Sect. 6. The Supreme Court shall hold its sessions at the seat of Government, at such times as shall be prescribed by law: And the circuit Courts shall be held in the respective Counties as may be directed by law.36

chancery jurisdiction, as also complete criminal jurisdiction in all such cases, and in such manner, as may be prescribed by law. The president alone, in the absence of the associate judges, shall be competent to hold a court, as also the two associate judges, in the absence of the president, shall be competent to hold a court, except in capital cases, and cases in chancery: Provided, That nothing herein contained shall prevent the legislature from increasing the number of circuits and presidents, as the exigencies of the State may from time to time require. (Conv. J., p. 46.)

Amended on first reading, by consent, to read as follows:

Sec. 3. The circuit courts shall each consist of a president, and two associate judges. The State shall be divided by law into three circuits, for each of which a president shall be appointed, who, during his continuance in office, shall reside therein, the president and associate judges in their respective circuits, shall have common law and chancery jurisdiction as also complete criminal jurisdiction in all such cases, and in such manner, as may be prescribed by law. The president alone, in the absence of the associate judges, or the president, and one of the associate judges in the absence of the other, shall be competent to hold a court, as also the two associate judges, in the absence of the president, shall be competent to hold a court, except in capital cases, and cases in chancery: Provided, That nothing herein contained shall prevent the legislature from increasing the number of circuits and presidents, as the exigencies of the State may from time to time require. (Conv.,J., p. 47.)

An unsuccessful attempt was made, rejected by a vote of 10-32, to amend Section 3 by striking out the words, the State shall be divided by law into three circuits,'' and inserting in lieu thereof the provision that the general assembly shall, from time to time, divide the State into circuits, as exigencies may require." (Conv. J., pp. 47-54.)

35. Sections 4 and 5 were reported by the committee as follows, no subsequent amendments thereto being recorded:

Sec. 4. The judges of the Supreme court, the circuit, and other inferior courts, shall hold their offices during the term of seven 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.

Sec. 5. The judges of the Supreme court shall, by virtue of their offices, be conservators of the peace throughout the State; as also the presidents of the circuit courts, in their respective circuits, and the associate judges, in their respective counties. (Conv. J., p. 46.)

36. Reported by committee as follows and not subsequently amended:

Sec. 6. The Supreme court shall hold its sessions at the seat of government, at such times as shall be prescribed by law; and the circuit courts shall be held in their respective counties, as may be directed by law. (Conv. J., p. 46.)

An attempt, lost by a vote of 34-8, was made to amend Section 6 to read as follows:

Section 6. The Supreme court shall hold its sessions at such times and places as shall be prescribed by law; and the circuit courts shall be held in the respective counties, as may be directed by law. (Conv. J., p. 54.)