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.

61. Excessive bail and punishment pro- 79. Restrictions upon soldiers.

46. (46.) Natural rights.-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.

47. (47.) Right to worship.-2. All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences.

48. (48.) Freedom of thought.-3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions or interfere with the rights of conscience.

49. (49.) No preference to any creed.-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.

Laws prohibiting certain acts on Sunday do not conflict with section 49 of the constitution. Voglesong v. State, 9 Ind. 112; Schlict v. State, 31 Ind. 246.

50. (50.) No religious test.—5. No religious test shall be required as a qualification for any office of trust or profit.

51. (51.) No money for religious institutions.-6. No money shall be drawn from the treasury for the benefit of any religious or theological institution.

52. (52.) Competency of witness.-7. No person shall be rendered incompetent as a witness in consequence of his opinions on matters of religion.

53. (53.) Oath, how administered.-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.

54. (54.) Free speech and writing.-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.

55. (55.) The truth in libel.-10. In all prosecutions for libel, the truth of the matters alleged to be libelous may be given in justification.

If words spoken are true the person speaking can not be held for libel, whether the speaking was in good faith or not. State v. Bush, 122 Ind. 42.

56. (56.) Unreasonable search or seizure.-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.

This section is but a reaffirmance of the rights of persons as they existed at common law. Carey v. Sheets, 67 Ind. 375.

The legislature may provide that persons engaged in a certain class of business shall make certain entries in books, and that such books shall be open to the inspection of designated officials. Shuman v. Ft. Wayne, 127 Ind. 109.

57. (57.) Courts shall be open.-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 freely, and without purchase; completely, and without denial; speedily, and without delay.

Poor persons who defend a criminal action as such, can not demand that a copy of the evidence in the cause be furnished them free of charge. Morgan Ex parte, 122 Ind. 428.

Continued prosecutions of a person charged with crime and delay in trial does not warrant a discharge under a writ of habeas corpus. Kinningham v. Dickey, 125 Ind. 180.

58. (58.) Rights of accused.-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.

Private citizens can not be arrested and punished by order of military officers. Griffin v. Wilcox, 21 Ind. 370.

This provision does not prohibit the joining of offenses of the same class in the same indictment. Fletcher v. State, 49 Ind. 124.

The legislature can not dispense with such allegations in an indictment as are reasonably necessary to describe the offence. McLaughlin v. State, 45 Ind. 338.

Persons accused of crime may waive the constitutional privilege of having the witnesses present at the trial. Butler v. State, 97 Ind. 378.

59. (59.) No person twice in jeopardy.-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.

If, after the beginning of a trial on a legal indictment before a competent jury, the jury is unnecessarily discharged, the defendant can not be again tried on the same charge. Weinzorpflin v. State, 7 Blkf. 186; Wright v. State, 5 Ind. 290; Morgan v. State, 12 Ind. 448; Morgan v. State, 13 Ind. 215; Miller v. State, 8 Ind. 325; State v. Leunig, 42 Ind. 541; Maden v. Emmons, 83 Ind. 331.

An accused may waive the right to assert former jeopardy. Morgan v. 215; Kingen v. State, 46 Ind. 132.

State, 13 Ind.

On granting a motion for a new trial the defendant can be tried again as to the whole Ex parte Bradley, 48 Ind. 548.

cause.

This provision does not apply to surety of peace proceedings. State v. Vankirk, 27 Ind. 121.

The necessary discharge of a jury before verdict does not prevent another trial. Doles v. State, 97 Ind. 555; State v. Leach, 120 Ind. 124.

If a jury is discharged without the consent of the defendant, and when he is in jail, it will act as an acquittal. State v. Wilson, 50 Ind. 487.

If the charge against a defendant is so defective that a valid judgment can not be

rendered, there is no legal jeopardy. Joy v. State, 14 Ind. 139; Shepler v. State, 114 Ind. 194.

Persons may be punished for the same act by the United States and by the state. State v. Moore, 6 Ind. 436.

Persons may be held liable to the state and to a municipal corporation for the same act. Ambrose v. State, 6 Ind. 351; Waldo v. Wallace, 12 Ind. 569.

Parties in civil actions can not be compelled to make disclosures that might subject them to criminal prosecutions. Wilkins v. Malone, 14 Ind. 153; French v. Venneman, 14 Ind. 282.

60. (60.) Unnecessary rigor prohibited.-15. No person arrested, or confined in jail, shall be treated with unnecessary rigor.

61. (61.) Excessive bail and punishment prohibited. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishment shall not be inflicted. All penalties shall be proportioned to the nature of the offense.

It is neither a cruel nor unusual punishment to adjudge the abatement of a nuisance. McLaughlin v. State, 45 Ind. 338.

If the punishment fixed is legal, the supreme court can not interfere on account of its severity. McCulley v. State, 62 Ind. 428; Murphy v. State, 97 Ind. 579.

62. (62.) Offenses bailable.-17. Offenses, other than murder and treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable when the proof is evident or the presumption strong.

Murder in the second degree is not bailable when the proof is evident or the presumption strong. Ex parte Colter, 35 Ind. 109.

Persons charged with contempt of court are entitled to be let to bail. Baldwin v. State, 126 Ind. 24.

63. (63.) Reformation the basis of penal code.-18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.

The punishment of death is not in conflict with this provision, it applying only to the penal laws as a system. Driskill v. State, 7 Ind. 338; Rice v. State, 7 Ind. 332.

64. (64.) Jury in criminal cases determines law and fact.-19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

The jury in criminal actions are the judges of the law, including the constitution. Lynch v. State, 9 Ind. 541; Williams v. State, 10 Ind. 503; McDonald v. State, 63 Ind. 544. The jury can not determine the sufficiency of the indictment. Daily v. State, 10 Ind. 536; Anderson v. State, 104 Ind. 467.

65. (65.) Trial by jury inviolate in civil cases.-20. In all civil cases, the right of trial by jury shall remain inviolate.

Actions for divorce are not triable by jury. Lewis v. Lewis, 9 Ind. 105.

Nor proceedings to assess damages for property taken under the right of eminent domain. Dronberger v. Reed, 11 Ind. 420; Hymes v. Aydelott, 26 Ind. 431; Evansville R. R. Co. v. Miller, 30 Ind. 209.

Nor applications for writs of habeas corpus. Baker v. Gordon, 23 Ind. 204.

Nor exceptions to report of commissioners in partition cases. Allen v. Anderson, 57 Ind. 388.

Nor issues of fact in drainage proceedings, or the collection of assessments.

son v. Caldwell, 91 Ind. 451; Laverty v. State, 109 Ind. 217.

Ander

Nor actions to foreclose mortgages. Carmichael v. Adams, 91 Ind. 526; Moore v. Glover, 115 Ind. 367; Brown v. Russell, 105 Ind. 46.

Nor to cancel a mortgage. Johnson v. Johnson, 115 Ind. 112.

Nor to obtain relief from fraud. Israel v. Jackson, 93 Ind. 543.

Nor to set aside fraudulent conveyances. Hendricks v. Frank, 86 Ind. 278; Miller v. Bank, 99 Ind. 272.

Nor injunction cases. Helm v. Bank, 91 Ind. 44; Pence v. Garrison, 93 Ind. 345.
Quo Warranto proceedings are triable by jury.
Also bastardy proceedings in the circuit court.

Reynolds v. State, 61 Ind. 392.
Alley v. State, 76 Ind. 94.

And actions for partition. Kitts v. Willson, 106 Ind. 147.

Also suits on bonds. Galway v. State, 93 Ind. 161.

And mandamus proceedings. State v. Burnsville Co., 97 Ind. 416.

And actions between sureties for contribution. Sanders v. Weelburg, 107 Ind. 266; Michael v. Albright, 126 Ind. 172.

Also actions to quiet title to real estate. Trittipo v. Morgan, 99 Ind. 269; Johnson r. Taylor, 106 Ind. 89.

The constitutional provision only applies to actions triable by jury at common law. Railroad Co. v. Heath, 9 Ind. 558; Allen v. Anderson, 57 Ind. 388; McMahan v. Works, 72 Ind. 19.

66. (66.) Compensation for services.-21. No man's particular services shall be demanded without just compensation. No man's property shall be taken by law without just compensation; nor, except in case of the state, without such compensation first assessed and tendered.

The services of officers entitled to fees or salaries fixed by law are not "particular services" within the meaning of the constitution. Falkenburgh v. Jones, 5 Ind. 296; Turpen v. Board, 7 Ind. 172; Board v. Blake, 21 Ind. 32; Board v. Templer, 34 Ind. 322; Noble v. Board, 101 Ind. 127.

Attorneys can not be compelled to perform services without compensation. Blythe v. State, 4 Ind. 525; Webb v. Baird, 6 Ind. 13.

Nor physicians to give expert testimony as witnesses. Buchman v. State, 59 Ind. 1. Witnesses may be compelled to testify without compensation. Israel v. State, 8 Ind. 467.

The statute of 1832, authorizing the taking of private property for the W. & E. canal, was constitutional. Rubottom v. McClure, 4 Blkf. 505,

The legislature may authorize the taking of private property for use as streets and other public highways. McCormick v. President, etc., 1 Ind. 48; Snyder v. President, etc., 6 Ind. 237; Rassier v. Grimmer, 130 Ind. 219..

Compensation for property taken for public use may be made by accruing benefits. Rassier v. Grimmer, 130 Ind. 219.

The interest that adjoining property owners have in public highways can only be appropriated as other, private property may be taken. Tate v. O. & M. R. R. Co., 7 Ind. 479.

Private property can not be appropriated for a private way. Wild v. Deig, 43 Ind. 455; Stewart v. Hartman, 46 Ind. 331; Logan v. Stogsdale, 123 Ind. 372.

Private corporations can not take private property until compensation is assessed and tendered. Sidener v. Norristown Co., 23 Ind. 623.

It is for the legislature to determine when and under what circumstances the right of eminent domain may be exercised. Consumers', etc., Co. v. Harless, 131 Ind. 446.