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Indiana Historical Bureau

IHB > About Indiana - History and Trivia > Explore Indiana History by Topic > Indiana Documents Leading to Statehood > Constitution of 1816 > Article XII Article XII

Sect. 1st. That no evils or inconvenience may arise from the change of a Territorial Government to a permanent State Government, it is declared by this Convention that all rights, suits, actions, prosecutions, recognizances, contracts, and claims, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this Government.

Sect. 2. All fines penalties and forfeitures, due, and owing to the Territory of Indiana or any County therein, shall inure to the use of the State or County. All bonds executed to the Governor, or any other officer in his official Capacity in the Territory, shall pass over to the Governor or other officers of the State or County, and their successors in office, for the use of the State or County, or by him or them to be respectively assigned over to the use of those concerned as the case may be.

Sect. 3. The Governor, secretary, and Judges, and all other officers both civil and military, under the Territorial Government, shall continue in the exercise of the duties of their respective departments, until the said officers are superceded under the authority of this constitution.

Sect. 4. All laws and parts of laws now in force in this Territory not inconsistent with this constitution, shall continue and remain in full force and effect, until they expire or be repealed.

Sect. 5. The Governor shall use his private seal, until a state seal be procured.

Sect. 6th. The Governor, secretary of state, auditor of public accounts, and Treasurer, shall severally reside and keep all the public records books, and papers in any manner relating to their respective offices, at the seat of Government; provided notwithstanding that nothing herein contained shall be so construed, as to affect the residence of the Governor for the space of six months, and until buildings suitable for his accommodaton, shall be procured at the expence of the state.

Sect. 7th. All suit, pleas, plaints and other proceedings now depending in any Court of record or Justices Courts shall be prosecuted to final Judgment and execution and all appeals, writs of error certiorari injunction or other proceedings whatsoever, shall progress and be carried on in the respective Court or Courts in the same manner as is now provided by law, and all proceedings had therein in as full and complete a manner as if this constitution were not adopted. And appeals and writs of error may be taken from the circuit court, and General Court, now established in the Indiana Territory, to the supreme court, in such manner as shall be provided for by law.

Sect. 8. The President of this convention shall issue writs of election, directed to the several sheriffs of the several Counties, requiring them to cause an election to be held for a Governor, Lieutenant Governor, a Representative to the Congress of the united States, Members of the General Assembly, sheriffs and Coroners, at the respective election districts in each County on the first Monday in August next: which election shall be conducted in the manner prescribed by the existing election laws of the Indiana Territory; and the said Governor, Lieutenant Governor, members of the General Assembly, sheriffs and coroners, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitution and until their successor or successors are qualified, and no longer.

Sect. 9. Until the first enumeration shall be made, as directed by this constitution, the County of Wayne shall be entitled to one senator, and three Representatives; the County of Franklin, one senator and three Representatives the County of Dearborn, one senator, and two Representatives; the County of Switzerland, one Representative and the County of Jefferson and Switzerland one senator and the County of Jefferson two Representatives; the County of Clark one senator, and three Representatives; the County of Harrison, Orange, and Jackson one senator and the County of Washington two Representatives; the Counties of Orange and Jackson one Representative each; the County of Knox one senator, and three Representatives; and County of Gibson one senator and two representatives; the Counties of Posey Warrick and Perry one senator, and each of the aforesaid Counties of Posey, Warrick, and Perry, one Representative.

Sect. 10. All books, records, documents, warrants and papers, appertaining and belonging to the office of the Territorial Treasurer of the Indiana Territory; and all monies therein, and all papers and documents in the office of the Secretary of said Territory, shall be disposed of as the General Assembly of this State may direct.

Sect. 11. All suits, actions, pleas, plaints, prosecutions, and causes whatsoever, and all records, Books, papers and documents now in the General Court, may be transferred to the supreme Court established by this constitution. And all causes, suits, actions, pleas, plaints, and prosecutions whatsoever, now existing or pending in the circuit Courts of this Territory, or which may be therein at the change of Government, and all records, books, papers and documents relating to the said suits, or filed in the said Courts, may be transferred over to the circuit Courts established by this constitution, under such rules and regulations, as the General Assembly may direct.

Done in Convention at Corydon, on the twenty ninth day of June in the year of our Lord eighteen hundred and sixteen, and of the Independence of the United States the fortieth.

In witness whereof we have hereunto subscribed our names.

JONATHAN JENNINGS,

President of the Convention and

Delegate from the County of Clark.

Delegates in Convention from the County of Clark.

Thomas Carr,

John K. Graham,

James Lemon

James Scott,

Delegates in Convention from the County of Dearborn.

James Dill,

Ezra Ferris,

Solomon Manwaring,

Delegates in Convention from the County of Franklin.

James Brownlee,

William H. Eads,

Robert Hanna,

Enoch McCarty,

James Noble,

Delegates in Convention from the County of Gibson.

Alexander Devin,

Fredc Rapp,

David Robb,

James Smith,

Delegates in Convention from the County of Harrison.

John Boone,
Davis Floyd,

Daniel C. Lane

Dennis Pennington,

Patrick Schields,

Delegates in Convention from the County of Jefferson.

Nath'l Hunt,

David H. Maxwell,

Samuel Smocke,

Delegates in Convention from the County of Knox.

John Badollet,

John Benefiel,

Jno. Johnson,

Wm. Polke,

B. Parke,

Delegate from the County of Perry.

Charles Polke,

Delegate from the County of Posey.

Dann Lynn,

Delegate from the County of Switzerland.

William Cotton,

[Delegates in Convention from the County of Washington.]

John De Pauw,

William Graham,

William Lowe,

Samuel Milroy,

Robert McIntire,

[Delegates in Convention from the County of Wayne.]

Patrick Beard,

Jeremiah Cox,

Hugh Cull,

Joseph Holeman,

Attest,

William Hendricks, Secretary.