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Indiana Statehood The Historian A Magazine Exploring Indiana History In 1925, the Indiana the Constitution are explored on Assembly provided for the desig- pages 6-7; a chart of delegates is Focus nation of 11 as Indiana on page 14. Day. By law ( 1-1-10) The organization and work of “The shall issue a procla- the convention are covered on mation annually designating the pages 8-9. Front cover illustration: The first ten (of eleventh day of December as Activities after the conven- twenty-seven) rules for the government of ” and citizens are tion to complete Indiana’s organi- the convention, reproduced from Journal urged to celebrate “in appropriate zation and acceptance as a state of the Convention of the , and patriotic observance of the are covered on pages 10-11. 1816 (Louisville, 1816). The journal is 6 inches by 9 inches in size. Courtesy anniversary of the admission of Content of the 1816 Consti- Indiana State Archives. the state of Indiana into the tution and how it fared as a Union.” governing instrument are covered Back cover illustration: Reportedly the first map of Indiana published after it This issue focuses on the on pages 12-13. became a state; note the mis-location of events in 1816 by which Indiana The timeline provides some Lake . It was published in became the nineteenth state. background and context. The by John Melish and Samuel Harrison in 1817. Courtesy Indiana On page 3, there is a brief bibliography and resources on , Indiana State Library. overview which helps to answer page 15 provide sources for the question, Why statehood? further study. Most documents On pages 4-5, the Indiana referred to are available in their Memorial to Congress requesting entirety on the Historical Bureau statehood and the Enabling Act by Web site. Congress are compared and This is the second issue in a discussed. series exploring some bench- The setting of the 1816 marks in Indiana history. The constitutional convention in first was “Indiana Territory,” The Corydon and the men who wrote Indiana Historian, March 1999.

The Indiana Historian September 1999 ISSN 1071-3301 Order Number 7049 Editor You be the historian Pamela J. Bennett Lead Researcher • Why was the new northern bound- • There is little contemporary infor- Paula A. Bongen ary established in the Enabling Act mation about convention activities. Designer Dani B. Pfaff important? What effect has that new However, given what information is Contributing Editors boundary had over time and up to the available in the Journal of the Conven- Carole M. Allen, Janine Beckley, Alan Conant, Dani B. Pfaff, present? tion and elsewhere, create an event to Terpening • What important symbol of the past report the closing day of the conven- The Indiana Historian provides resources and mod- (like the Constitution Elm or the tion as it might be covered in today’s els for the study of local history to encourage Indiana’s citizens of all ages to become engaged with the history Corydon state capitol) exists in your media. of their communities and the state of Indiana. The Indiana Historian (formerly The Indiana Junior ? What does it commemorate on • is declared Indiana Historian) is issued quarterly from March through De- the state or local level? How is it pre- Day by the governor each year in cel- cember. It is a membership benefit of the Indiana Junior served and/or celebrated? ebration of Indiana’s birthday. Plan an Historical Society. One complimentary subscription is provided to Indiana libraries, school media centers, • Discuss the men who wrote Indiana’s Indiana Day ceremony and/or festival and cultural and historical organizations. 1816 Constitution. Based on informa- that demonstrates important aspects Annual subscriptions are available for $5.00 plus tax. Back issues are available at individual and bulk tion in the chart on page 14, describe of Indiana’s road to statehood. pricing. This material is available to visually impaired pa- the makeup and background of the • Investigate the recent efforts of trons in audio format, courtesy of the Indiana History convention delegates. to become a state. What Project of the Indiana Historical Society. Tapes are available through the Talking Books Program of the • Call a constitutional convention for issues have been important to the Indiana State Library; contact the Talking Books Pro- gram, 317-232-3702. your classroom and write a constitu- as they voted? What are some The Indiana Historian is copyrighted. Educators tion to govern it. Look at the 1816 positive and negative factors for and may reproduce items for class use, but no part of the publication may be reproduced in any way for profit Indiana Constitution on the Historical against statehood? How do these fac- without written permission of the Indiana Historical Bureau. Room 408, 140 North Senate Avenue, India- Bureau Web site to identify articles tors compare or contrast to Indiana’s napolis, IN 46204; 317-232-2535. that would be relevant. Keep a journal situation in 1816? E-MAIL [email protected] to document your activities. INTERNET www.statelib.lib.in.us/www/ihb/ihb.html

2 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999 Why statehood?

The Ordinance of 1787 estab- passed the Enabling Act. Del- Indiana Counties in Existence prior to lished a training regimen or egates elected by the people met 1815 Territorial General Assembly blueprint for the formation of new in convention, affirmed the states from the Northwest Terri- Enabling Act of Congress, and Indiana Territory boundary tory. , in 1803, was the first wrote and adopted the Constitu- state formed from the territory. tion. Acting under the Constitu- Indiana, in 1816, was the second tion, the people elected a General state formed from the Northwest Assembly, state officers, and Territory. The formation and representatives to Congress. On progress of Indiana Territory was December 11, 1816, Indiana was a necessity for the ultimate goal of admitted to the union. Knox statehood. The vast majority of people Throughout the territorial in Indiana knew what was hap- period, there were debates and pening during this process, and Wayne petitions about the consequences they approved the move to a Franklin of moving toward statehood. democratic government which Unorganized Indiana Dearborn Important issues were the in- forbad . The preamble to Territory creased costs, an expected in- the Constitution of 1816 reached boundary Jefferson Switzer- crease in taxes, and the lack of far beyond the federal Bill of land Vincennes services and communication for Rights. Some provisions of the people distant from the capital. Constitution—education, for Clark Gibson Clarksville Later in the Indiana territo- example—were visionary. Harrison rial period there were two major Statehood held the promise Posey Warrick Corydon factions. The western, Vincennes- of a better future for Indiana Sources: Barnhart and Riker, 431, 441-43; George Pence and Nellie C. Armstrong, focused pro-William Henry and its citizens. The 1816 Indiana Boundaries (, 1967), Harrison/ faction Constitution expressed the 530-31, 654-55, 680-81, 766-67, 802-03. was connected with keeping the delegates’ hope and optimism for territory status, keeping slavery that future. alive, and keeping more power Sources: Barnhart and Riker, 412- with the appointed governor. The 63; Madison, 46-54; “Indiana Terri- eastern, Corydon-focused pro- tory,” The Indiana Historian, March faction 1999; see also, James H. Madison, Indiana’s Pioneer Heritage and the wanted the democratic benefits of End of the Twentieth Century (India- statehood—especially an elected napolis, 1996). governor with limited power—and the final eradication of slavery in the state. On December 11, 1815, the Indiana Territorial Assembly was ready to pursue statehood, and This anonymous commentary about the progress of the the Memorial for statehood was convention appeared in the sent to Congress. Congress Vincennes Western Sun, June 22, 1816.

1780 1783 1785 1787 1800 1800 October 10 May 20 July 13 May 7 May 13 passes signed, Land Ordinance of The Congress splits Northwest appoin- “Resolution on Public Lands,” officially ends American 1785 allows of 1787 establishes, and Territory into 2 territories: ted Territory; which resolves to settle lands Revolution, recognizes surveying and selling provides a system of Indiana Territory and Northwest John Gibson, secretary; Henry west of Appalachian American indepen- of land in Western government for, Territory (now Ohio, tip of Van der , William Clark, Mountains and create future dence from Great Reserve (now in southeast Ind., and part of and John Griffin appointed states (Patrick, 49, 54). Britain (Carruth, 100). Ohio) (Carruth, 102). (Carruth, 102). Mich.) (Hawkins, 24-26). judges (Goebel, 56-59).

© Copyright Indiana Historical Bureau 1999 The Indiana Historian, September 1999 3 Beginning the road to statehood

Memorial for statehood, The Enabling Act, December 11, 1815 April 19, 1816 The first step in attaining admis- On April 19, 1816, President sion to the union was to ask the signed into law permission of the U.S. Congress. the act passed by Congress which That step was taken by the would enable Indiana to become a Indiana Territory General Assem- state “on an equal footing with the bly on December 11, 1815. The original States.” House passed a Memorial to Some of Indiana’s requests in Congress by a vote of seven to five, the Memorial and what Congress stating that Indiana was qualified granted in the Enabling Act are to become a state. compared in the chart on page 5. The Memorial indicates that In addition, Congress speci- the census, authorized by the fied several other important General Assembly on August 29, conditions. Excerpt from the Memorial to Congress 1814, proves that Indiana has • Congress named the bound- printed in its entirety on January 27, 1816 in the Vincennes Western Sun. over sixty thousand “free white aries of Indiana (Sec. 2), moving inhabitants” as required by the the northern boundary ten Northwest Ordinance. The Memo- miles north to give ownership of rial provides the process that part of the Indiana will follow to attain state- shoreline. hood. It also states some terms • Congress determined that that Indiana would like Congress Indiana would continue to have to grant. one representative in the U.S. The Memorial was published House until the next general in the Vincennes Western Sun, census. January 27, 1816. The Memorial • Congress required that Indiana was presented in the U.S. House agree to exempt from any taxes on December 28, 1815 and in the for five years any land sold in U.S. Senate on January 2, 1816. Indiana by the In both houses, it was reviewed by starting December 1, 1816. select committees. The Enabling Act set the On January 5, 1816, the election for representatives to the House committee, chaired by required constitutional convention Indiana’s representative Jonathan for May 13, 1816. The convention Jennings, reported out a bill for was to meet in Corydon starting an enabling act. The bill passed June 10, 1816. the House on March 30 by a vote Sources: Kettleborough, 1:65-77; of 108-3. The bill passed the Hawkins, 60-63, 64-67. Senate on April 13.

1801 1803 1804 1804 1805 1808 1808 1809

March 4 February 19 August 4 December 5 January 11 February 26 December 7 February 3 Ohio becomes Harrison issues Harrison proclaims Act by Congress Act of 1808 extends James Congress passes act 1st president 17th state proclamation, calls for Indiana Territory divides Indiana vote to those holding town Madison dividing Indiana inaugurated in (Carruth, 126). election to determine advancement to 2nd Territory, creating lots with minimum value of elected Territory, creating Washington, D.C. if voters want general stage of government, Michigan $100; provision added to president Territory (Carruth, 124). assembly (Hawkins, allowing general as- Territory those of Northwest Ordi- (Carruth, 136). (Hawkins, 48-50). 37-38). sembly (Hawkins, 39). (Hawkins, 42-43). nance of 1787 (Hawkins, 47).

4 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999 “. . . With regard to the grants and conditions contained in this act, the convention when met will be able to form a correct estimate. Allow me, however, to state that they are at least as advantageous if not more so, than those granted to any other Territory on similar occasions.” Open letter from Jonathan Jennings to constituents, Washington City, April 16, 1816, published in Vincennes Western Sun, May 11, 1816. Quoted from Kettleborough, 1:77.

Jonathan Jennings was Indiana’s territorial delegate to Congress and chaired the committee that originated the bill for the Enabling Act. Jennings went on to become president of the constitutional convention and Indiana’s first governor as a state. The image is a reproduction of the official state governor’s portrait of Jennings, courtesy Indiana Historical Bureau. Additional information is on the Historical Bureau Web site for the Governors’ Portraits Collection.

Comparing some elements of the statehood documents Memorial for statehood requested Enabling Act provided Grant state 7% of money from sale of U.S. Granted 5% of net proceeds from U.S. land in Indiana beginning April 1, 1816 land sales in Indiana to use only for roads and , three-fifths in the state, two- fifths leading to Indiana but controlled by Congress Confirm grant of one for an Confirmed prior grant and granted one academy and reserve another township township under control of legislature for for support of a seminary of learning Reserve Section 16 in townships for Granted Section 16 or equivalent for schools schools Grant coal mines and salt licks to state Granted salt springs Reserve one centrally-located township Granted four sections of land for seat of for the state capital government as determined by legislature Apportion forty-two delegates from thir- Apportioned forty-three delegates from teen counties thirteen counties Continue principles of Northwest Ordi- Constitution and state government must nance especially regarding personal free- conform to the articles of the Northwest dom and involuntary servitude Ordinance, except for boundaries Sources for chart: Kettleborough, 1:70-72, 73-77; Hawkins, 60-63, 64-67.

1811 1811 1812 1812

March 3 December 11 June 18 December 2 Suffrage Act of 1808 revised by By a 4 to 3 vote, petitions Congress for statehood; represen- begins; James Madison Congress; any free white male, tatives Peter Jones of Knox, James Dill of Dearborn, and Richard Rue of Wayne oppose Americans fight British reelected president 21 years or older, who has paid the petition sending with it their written objections—territory too small, population too for control of American (Carruth, 146). a county or territorial tax and scattered, and cost of a state government too expensive; petition denied but congres- lands and shipping has resided 1 year in said sional committee would allow statehood when population reached 35,000; due to lack of (Carruth, 144). territory may vote (Hawkins, 55). money, territory did not pursue statehood (Barnhart and Riker, 413-14).

© Copyright Indiana Historical Bureau 1999 The Indiana Historian, September 1999 5 The setting for the convention

The Enabling Act specified that lot 12 was purchased and finished elected representatives should for use as a courthouse. It was meet in Corydon, Harrison located on the northwest corner of County—the territorial capital— Capitol and High Streets. It was in on Monday, June 10, 1816 to this “courthouse on the hill” that determine whether or not to form the 1816 constitutional conven- a constitution and state govern- tion delegates gathered to carry ment. out their task. The convention delegates There has been some confu- The representation to the 1816 sion over the years about the constitutional convention was meeting place of the convention. specified in the Enabling Act. Various authors have incorrectly Based on population figures, a stated that they met in the Old certain number of delegates was State Capitol building, now a elected on May 13, 1816 by each State Historic Site. The sheriff of each county was obligated of the thirteen counties in exist- It was very hot in Corydon to call for the election on May 13 of ence in 1815. Time was very short during the convention and report- delegates to the Corydon convention in for completing preparations, edly delegates held many sessions June as required by the Enabling Act. under the cooling branches of the This notice by the sheriff of Knox County which caused some negative giving the date and polling places was in commentary in the newspapers. “Constitutional Elm,” which was the Vincennes Western Sun, , The forty-three men elected located approximately two hun- 1816. as delegates provide an interesting dred yards west of the courthouse. picture of the population of Indi- According to Cottman, “Several ana at the time. The chart on page old residents of Harrison County, 14 considers several areas of now dead, whose memories went comparison, which demonstrate back to 1816, were authority for both the similarity and the diver- this.” sity of those who determined The former Capitol Hotel, Indiana’s future. located a mile east of town, gained its name from a tradition that it Corydon, Harrison County lodged the delegates to the con- Corydon had been made the vention. Cottman, however, indi- territorial capital in 1813, replac- cates that “in 1816 there were also ing Vincennes, Knox County. The other hostelries in Corydon, and territorial legislature met in the this one a mile away probably Harrison County Courthouse. took the overflow from the more The construction of a stone convenient ones.” Cottman visited courthouse had been ordered in the abandoned building before its 1811, but it was not built. Instead destruction in 1921, and has a partially finished wood house on provided a detailed description of its appearance.

1813 1813 1813 1814 1814 1815 1815 March 11 September 29 October 5 August 24 December 24 December 11 December 28 Indiana General Harrison’s Harrison defeats British General Washington, Treaty of Indiana’s General Jonathan Jennings, territorial Assembly passes State troops take Henry Proctor at Battle of Thames, D.C. captured Ghent ends Assembly representative to Congress, lays Capital Act, moving ; British Ontario, ; killed, by British War of 1812 petitions memorial for statehood before territorial capital from retreat to destroying Indian resistance and (Carruth, 150). (Carruth, 150). Congress for Congress; referred to committee, Vincennes to Corydon Canada British power in Northwest statehood Jennings named chairman (Hawkins, 57-59). (Goebel, 180). (Goebel, 181-83). (Hawkins, 60-63). (Thornton, 109).

6 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999 Indiana Division, State Library.

This photograph of the “Constitution Elm” was taken between 1921 and 1925. Delegates to the June 1816 constitutional convention apparently often worked in the shade of this tree. Although specific reports of dimensions vary, it was enormous with branches that spanned over 100 feet. It died of Dutch Elm Disease in 1925. Cottman indicates that memories of residents who were living in 1816 substantiate the role of the “Constitution Elm” in the writing of the 1816 Constitution. “One of these, a Mr. Wynn, stated that as a lad ten years old he took early apples from his home to the out-of-door meeting-place and peddled them among the delegates; and among the earliest recollections of Henry Funk was a picture of the gathering of the men in their shirt sleeves sitting around under the great tree. For these rescued reminiscences we are indebted to Mr. J. Edward Murr, a locally well-known contributor to the Corydon Democrat. Mr. Thomas James de la Hunt, a newspaper man of Evansville, also tells of the stories which, as a child, he used to hear from his grandmother. This grandmother, in 1816, was a little girl, Becky Lang, who with other children was wont to play under the big elm, and her special reason for remembering the convention was that the meetings under the tree took their playground” (49).

Unfortunately, papers of Corydon Constitution delegates and the newspapers of Elm the day have left so little evidence Courthouse on the Hill that historians can do little more High Street than speculate about these mat- Mulberry Street ters. Sources: Cottman, 17-19, 49, 52-53; Big Indian Creek Walnut Street Harrison County Interim Report Capitol Street (Indianapolis, 1987), 24. Dunn, State 1:295, and Thornton, 114, for ex- Capitol Adapted from Harrison County Interim ample, give the incorrect location for

Elm Street Report (Indianapolis, 1987), 24. A the convention sessions. Chestnut Street clickable Historic Corydon Image Map

ater Street is available at www.usi.edu/extserv/ W index5.htm.

1816 1816 1816 1816 January 5 April 19 May 13 June 10 Congressional committee for President Madison signs Election of delegates Constitutional delegates (43) meet at Corydon to compose Indiana’s state constitution; Indiana statehood reports bill Enabling Act allowing to constitutional turn in certificates that they were duly elected; take oaths to U.S. and to discharge their to House of Representatives Indiana Territory to hold convention which duties faithfully ; elect officers with Jonathan Jennings, president, , for citizens of Indiana Territory constitutional convention was scheduled to secretary, Henry Batman, doorkeeper; assign committees to set up rules to govern to form a constitution (Hawkins, 64-67). start June 10 convention; vote to form immediately constitution and state government (“Journal of (Thornton, 109). (Hawkins, 64-67). Convention,” 77-156).

© Copyright Indiana Historical Bureau 1999 The Indiana Historian, September 1999 7 The convention does its work

Although there were several perform their duties, and took poned, and delegates adjourned newspapers in the Indiana Terri- their seats. until 9 o’clock the next morning. tory in 1816, available copies Delegates then elected Day two, June 11 provide little coverage of conven- Jonathan Jennings president and Twenty-seven rules for the con- tion business. The Vincennes William Hendricks secretary of the duct of convention business were Western Sun, available for the convention; they also appointed a adopted. The first ten rules pro- whole period, provides very little. doorkeeper. The morning’s busi- posed are reproduced on the cover The official record of the actions of ness concluded with appointment of this issue. Printing of the rules the eighteen-day 1816 convention by Jennings of committees on was ordered—100 copies. is in the “Journal of the Conven- elections, ways and means, and The elections committee tion of the Indiana Territory, rules for convention business. confirmed election of delegates, 1816.” Delegates met Monday At three o’clock delegates resolving a few disputes. through Saturday. reconvened, and one more delegate In the afternoon, the resolu- The first day, June 10 was sworn in. A resolution was tion from the prior day regarding submitted stating “that it is expe- Forty-one delegates met in formation of a constitution and Corydon on the morning of June dient, at this time, to proceed to state government, was adopted by form a constitution and state 10. Delegates produced certifi- a vote of 34 to 8. government.” Action was post- cates of election, took oaths to

“the majority was composed of empty bablers, democratic to madness,” Minimal commentary on the convention has been located. One delegate, John Badollet from Knox County, however, included these negative comments in an 1823 letter to a friend: “It is unfortunate that, when called upon to form a constitution a territory is in the most unpropitious circumstances to success for the want of men of intellect and political knowledge . . . . This was woefully verified in our case, for though our convention contained several thinking men, the majority was composed of empty bablers, democratic to madness, having incessantly the people in their mouths and their dear selves in their eyes.” Badollet did vote for statehood and indicates he made contributions particularly in the of education. He is shown here in a sketch by Charles Alexandre Lesueur, circa 1833. Gayle Thornbrough, ed., The Correspondence of John Badollet and Albert Gallatin, 1804-1836 (Indianapolis, 1963), 261, frontispiece. Image courtesy Indiana Historical Society.

1816 1816 1816 1816 1816 1816 1816 June 11 June 12 June 13-28 June 28 June 29 August 5 August 5 James Dill, delegate Delegates resolve to appoint 12 Delegates work Contracts made for Convention First state and county Jonathan Jennings and lawyer from Law- committees to form articles of on preamble printing journal and adjourns elections held after state elected 1st governor of renceburg, reports 27 constitution; employ at least two and articles of constitution; payment of (“Journal of constitutional convention Indiana; inaugurated rules for government of assistant secretaries; assign constitution secretaries, doorkeep- Convention,” adjourned (Esarey, 101). November 7 (Barnhart convention (“Journal of delegates to committees (“Journal (“Journal of Con- ers (“Journal of 69). and Riker, 460-61). Convention,” 7-10). of Convention,” 11-14). vention,” 14-67). Convention,” 67-68).

8 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999 This is an excerpt from the Journal of the Convention of the Indiana Territory, 1816 printed by Mann Butler in Louisville. On June 12, in the morning session of the convention, the delegates elected two assistant secretaries, realizing that one person could not fulfill their needs. On June 15, they elected three more assistant secretaries.

Day three, June 12 the convention formally accepted Finally, they ordered that the Having voted to form a constitu- the provisions of the Enabling Act approved copy of the Constitution tion, delegates proceeded to by a vote of 36-5. Reporting, be read, and following that they organize into twelve committees to debating, and voting on the adjourned. write the articles of that docu- articles of the constitution contin- The cost of the convention ment. ued. The total cost of the convention They appointed a committee Finishing the was $3,076.21. Each member was to arrange a printing contract. The third week opened with allowed $2.00 per day for each Having quickly realized that one continued work on the constitu- day in attendance and $2.00 for secretary could not fulfill their tion. On June 27, delegates each twenty-five miles traveled to needs, delegates elected two ordered three copies of the accep- and from Corydon. The secretary assistant secretaries and specified tance of the Enabling Act to be and assistant secretaries received what they should do. sent to the president and congres- $3.50 per day; the doorkeeper and In the afternoon, Jennings sional leaders in Washington. assistant doorkeeper received appointed members to all commit- On June 28, they ordered the $2.00 per day. tees to write the constitution. distribution of the printed consti- The printer, Mann Butler of Continued progress tutions and journals—eleven Louisville, received $200. Other On June 13, the first committee copies to each delegate and two to costs included $41.50 for books, reports on the constitution were each secretary—and ordered stationery, etc; $27.50 for tables, presented. The forty-third delegate payment of their financial obliga- benches, etc.; and $40 for over- arrived on June 14, and delegates tions. seeing the printing, stitching, and began debating and voting on On June 29, they ordered distribution of the Constitution articles of the constitution. two handwritten copies of the and journal. On June 18, Mann Butler of Constitution—one for Jennings to Sources: “Journal of Convention”; the Louisville Correspondent was give to Assembly.* Barnhart and Riker, 460; see also, Kettleborough, 1:xv-xxii, 125-27. accepted as the convention Copies of the printed Constitution printer. Delegate Grass of Warrick were ordered sent to the U.S. County was excused on June 19 president and congressional for the rest of the convention leaders. Two secretaries were *The story of the second handwritten copy because of illness. On June 22, ordered to oversee the printing. has been detailed in Coleman.

1816 1816 1816 1818 1837 1848 1850 1851 1858

November 4 December 2 December 11 December 3 January 26 May 29 October 7 November 1 May 11 Indiana holds first Indiana President Madison Illinois Michigan Constitutional convention Constitution takes General Assembly congressmen and approves Indiana’s becomes becomes becomes assembles in Indianapolis; effect; Indiana citizens becomes under 1816 senators present admission into 21st state 26th state 30th state 150 delegates serve 127 vote August 4, 32nd state Constitution when U.S. union as 19th (Carruth, (Carruth, (Carruth, days; adjourns February adopting constitution (Carruth, (Barnhart and Riker, Congress opens state (Hawkins, 158). 200). 230). 10, 1851 (Kettleborough, 82,564-26,755 258). 461). (Esarey, 101). 95). 1:221). (Kettleborough, 1:222).

© Copyright Indiana Historical Bureau 1999 The Indiana Historian, September 1999 9 The final steps to statehood

Following adjournment of the County sheriff and the sheriff’s convention, there was action on resulting order were printed in the two fronts—in Indiana Territory Vincennes Western Sun, July 6, and in Washington. Indiana’s 1816. There were only five weeks Constitution was implemented between the end of the convention upon passage, before Indiana was and the election. Jennings beat formally admitted to the union on Thomas Posey in the gubernatorial December 11, 1816. The people race 5,211-3,934. did not vote on the Constitution. Section 9 of Article 12 estab- Events in Indiana lished county representation in The transition process was stated the General Assembly until the in Article 12 of the Constitution. next census—twenty-nine repre- Most sections provide for the legal sentatives and ten senators. The transition from territory to state first General Assembly under the so that all “shall continue as if no Constitution met November 4, change had taken place in this 1816. Government.” Governor Jennings and Section 8 of Article 12 re- Lieutenant Governor Christopher quired that the convention presi- Harrison were inaugurated on dent notify the sheriffs of all November 7. On November 8, the counties to call for an election on General Assembly elected its two August 5. Jonathan Jennings’ members for the U.S. Senate— The Vincennes Western Sun issue of writ of election to the Knox and Waller . September 7, 1816 provided this interesting announcement of the results of the August 5 election. The August 31 issue indicates that the paper has no returns yet from Dearborn, Franklin, Gibson, Perry, Posey, and Warrick counties. Indiana Division, State Library.

The new Harrison County Courthouse was ordered built by the trustees in May 1814. A contractor was hired in August. The building was apparently not ready for the convention in June 1816. It was, however, ready for the opening of the first General Assembly on November 4, 1816. This building served as the State Capitol of Indiana until the capital was moved to Indianapolis in 1825. It is now a State Historic Site. This photograph was taken by C. Heimberger & Son Photographic Studio of New Albany, circa .

10 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999 In Washington Acceptance by the convention of the provisions of the Enabling Act on June 22 helped fulfill the requirements of the Enabling Act. On July 6, Jennings transmitted the acceptance to Washington, as ordered by the convention June 27, to begin the final steps. The seating of the Indiana congressional delegation was also an important step. Indiana’s elected representative, William Hendricks, was sworn into office and seated in the U.S. house on December 2, 1816. Indiana’s two senators, elected by the General Assembly, were sworn in and seated on December 12. The resolution admitting Indiana “into the Union on an equal footing with the original States, in all respects whatever” was signed by President James Madison on December 11, 1816, which has been celebrated as Indiana’s birthday ever since. The final step of admission, however, was not accomplished On June 22, the convention passed a report, later called an ordinance, “that we do, for ourselves and our posterity, agree, determine, declare, until March 3, 1817, when “AN and ordain, that we will, and do hereby, accept the propositions of the ACT to provide for the due execu- Congress of the United States, as made and contained in” the Enabling tion of the laws of the United Act. Jennings conveyed the ordinance to President Madison with the States within the State of Indiana” letter reproduced here. The letter is reproduced from a photostat in the Indiana Division, Indiana State Library; a note on the back indicates that was approved. the original is in the State Department, Washington, D.C. Sources: Kettleborough, 1:65, 120- 33; Barnhart and Riker, 460-62.

This announcement clearly acknowledges the importance of the first session of the General Assembly to Indiana.

© Copyright Indiana Historical Bureau 1999 The Indiana Historian, September 1999 11 The Constitution of 1816

According to Barnhart and Riker, “Judging from the meager contempo- rary literature on the subject, the constitution was received with general satisfaction. Some few of its provisions . . . aroused adverse criticism for a number of years following its adop- tion,” including the provisions for amendment and fixing the capital at Corydon until 1825. The Constitution of 1816 was never amended until it was replaced by the Constitution of 1851. The question of calling a new con- stitutional convention was first voted on in 1823. Not until the fifth time in 1849 was a constitutional convention provided for by the General Assembly. Carmony’s 1998 study cites three reasons why it was not amended: • it “was widely respected and sup- ported by voters and politicians”; • “it was a concise document, empha- sizing basic principles with few restric- tive details, thus leaving the legisla- ture much discretion”; and • it could not be amended without “calling a constitutional convention.” As the chart on page 13 demon- strates, much of Indiana’s Constitu- tion had models elsewhere. Indiana’s Constitution, however, was the asser- tion of Indiana’s citizens in favor of a democratic state continuing the tenants of the Northwest Ordinance. As stated in Barnhart and Riker, “they This constitution was one of three printed versions in 1816 (see reiterated the prohibition of slavery illustration page 13). It is 5 inches by 8 inches in size. The ordinance and halted the further introduction of accepting the conditions of the Enabling Act is bound in with handwritten indentured servitude.” There were and printed versions. No copy of the Stout version was available for examination. The Indiana Historical Society owns a copy of the 1816 fewer qualifications for voting and a Louisville version ordered by the convention. Courtesy Indiana Division, fairer division of representatives. The Indiana State Library. governor’s power was limited and “placed the power in the hands of popularly chosen representatives.” Sources: Barnhart and Riker, 462-63; Carmony, 403; Kettleborough, 1:xxii- lxxxviii, 137-217.

12 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999 An outline of the content and sources of the 1816 Constitution

1816 Indiana Constitution Purpose of Article Similar State Constitutions Additional Information Preamble Established Indiana’s right to join the United States Northwest Ordinance; Ohio Gave Indiana the right to self-government and the on an equal footing with the original states right to participate in national affairs Article I Stated the Bill of Rights of Indiana citizens Ohio, , , Protected the civil liberties of Indiana citizens including freedom of speech, right to bear arms, freedom of religion, etc. Article II Separated the powers of government into three Kentucky; Jefferson’s Strengthened the to prevent branches: Legislative, , proposed Virginia any person(s) from using power in more than one constitution branch of government Article III Provided for a General Assembly composed of two Ohio; Tennessee Indiana General Assembly became dominant houses: a Senate and a House of Representatives, branch; reduced age and residency requirements elected by the people for legislators Article IV Stipulated the responsibilities of the governor Kentucky; Pennsylvania Gave Indiana governor power to appoint officials, to forgive fines and punishments, and to veto legislation Article V Established the court system: , Circuit Ohio Supreme Court met in capital; Supreme Court Courts, justices of the peace justices appointed by governor; lesser judges elected; judges served 7-year terms Article VI Permitted to vote all white males, 21 years of age or Ohio Election by ballot; voters were free from arrest more, living in Indiana for one year (except for serious crimes) during travel to, attendance at, and travel home from elections Article VII Required all free able-bodied male persons between Ohio; Kentucky Prohibited Negroes, mulattoes and Indians from the ages of 18 and 45 to serve in the Indiana serving; conscientious objectors fined Article VIII Provided voters the opportunity to call a new Original to Indiana Permitted a general election every 12 years for constitutional convention voters to call for constitutional convention; like Ohio, prohibited any amendment that would legalize slavery Article IX Specified a state-supported system of education from Original to Indiana First state to recognize a duty to provide education township schools to university to its citizens; also called for penal code based on reform ideas; asylums for old and unfortunate; money for libraries Article X Prohibited the establishment of private banks which Original to Indiana Also provided regulation of banks already in issued bills of credit existence Article XI Stipulated general provisions including state Ohio; Kentucky Required acts of General Assembly to be printed boundaries, location of state capital, and prohibition before being enforced; General Assembly could not of slavery reduce area of a county to less than 400 square miles to form a new county Article XII Provided guidelines for transferring territorial No data located Set first Monday in August 1816 as date for government to state government election of first state officials: governor, lieutenant governor, members of General Assembly, county sheriffs and coronors Sources for chart: Barnhart, “Southern Influence,” 261-76; Barnhart, Valley of Democracy, 191-93; Barnhart and Riker, 451, 453, 457-61; Buley, 1:72-73; Hawkins, 70-74, 82-89, 92.

There were three different 1816 printings of the Indiana Constitution according to Coleman: Butler’s in Louisville ordered by the convention; one in Washington ordered by the U.S. House; and one by Elihu Stout, editor of the Western Sun, in Vincennes. This advertisement presumably is for the copies Stout himself printed.

© Copyright Indiana Historical Bureau 1999 The Indiana Historian, September 1999 13 Members of Indiana‘s 1816 Constitutional Convention County Delegate Date and Place of Birth Occupation Additional Information Clark Thomas Carr, Sr. June 23, 1755 Farmer Captain in Revolutionary War; served in Indian wars; moved to Clark Co. in 1806 John K. Graham January 30, 1783 Merchant, teacher, surveyor, civil Moved to Ind. in early 1800s; laid out town of New Albany Bedford Co., Pennsylvania engineer, farmer, Jonathan Jennings 1784 Lawyer, politician President of 1816 Constitutional Convention; first governor Virginia or of the state of Indiana; U.S. Congress, 1823-1831 James Lemon ??? Lawyer, , sheriff Served under ; militia officer Kentucky James Scott 1767 Lawyer, judge of General Court Moved to Clark Co. by 1810; commissioned a judge of Washington Co., Pennsylvania of Indiana Territory Indiana , Dec. 28, 1816 Dearborn James Dill 1772 Lawyer, clerk of Dearborn County Moved to Dearborn Co. in 1803; appointed brigadier Dublin, Ireland general of territorial militia, Jan. 15, 1816 Ezra Ferris April 26, 1783 Minister, physician, justice Moved to Lawrenceburg circa 1806 Stanwich, of the peace Solomon Manwaring 1771 Lawyer, judge, surveyor Laid out towns of Brookville and New Trenton (?) in Franklin Co. Franklin James Brownlee 1780 Mill builder, Franklin County coronor Moved to Ind. in 1815 Washington Co., Pennsylvania William H. Eads ??? Merchant, tanner, banker Postmaster at Brookville, 1813 Hagerstown, Maryland Hanna April 6, 1786 Farmer Moved to Franklin Co. in 1804; brigadier general Laurens District, in Indiana militia Enoch McCarty January 5, 1783 Farmer, lawyer Moved to Ind. in 1803 Culpepper Co., Virginia James Noble December 16, 1785 Lawyer Moved to Brookville circa 1808; U.S. Senator from Ind., 1816- Clarke Co., Virginia 1831; brother of , Ind. governor, 1831-1837 Gibson Alexander Devin ??? Baptist minister Moved to Ind. from Warren Co., Ky. in 1810 Pittsylvania Co., Virginia Frederick Rapp 1775 ??? Adopted son of (New Harmony); business ??? leader and spokesman for Harmonist society David Robb July 12, 1771 Surveyor, farmer, miller, justice Served in Indian wars and War of 1812; moved to Gibson Ireland of the peace, Gibson Co. surveyor Co. in 1800, president of Legislative Council, 1815 James August 14, 1774 County surveyor, justice of the peace Moved to Ind. in 1808; served in Co., Virginia Harrison John Boone February 10, 1772 Farmer, justice of the peace Moved to Ind. in 1808; brother of Daniel Boone Frederick, Maryland Davis Floyd 1772 River pilot, tavern keeper, lawyer, Ind. audi- Moved to Clarksville in 1801; involved in Aaron Burr Virginia tor, 1813-1814; Ind. treasurer, 1814-1816 conspiracy to invade Mexico Daniel C. Lane 1766 Surveyor, associate judge of Moved to Ind. circa1814; served as state treasurer, 1816- Loudoun Co., Virginia 1823 1776 Farmer, stone mason, justice of the peace Moved to Ind. circa 1804; friend of ; contractor Mecklenburg Co., Virginia for building Corydon Courthouse Patrick Shields ??? Lawyer, associate judge of circuit court Moved to Ind. in 1805; served as private in Battle of Virginia Tippecanoe Jefferson Nathaniel Hunt 1773 Lawyer, merchant Moved to Madison, Jefferson Co. in 1813 Litchfield Co., Connecticut David H. Maxwell September 17, 1786 Physician, banker Moved to Jefferson Co. in 1810 Lancaster, Garrard Co., Kentucky Samuel Smock ??? Lawyer, justice of the peace, associate judge Berkeley Co., Virginia of circuit court Knox John Badollet 1758 Register of U.S. Land Office Came to Vincennes circa1804; friend of Albert Gallatin Geneva, Switzerland at Vincennes John Benefiel 1761 Farmer Virginia John Johnson ??? Lawyer, judge Served in first Territorial General Assembly; appointed to Virginia, Pennsylvania, or Kentucky Indiana State Supreme Court, Dec. 28, 1816 William Polke September 19, 1775 or 1777 Farmer, surveyor Conducted last band of to new lands across the Brooke Co., Virginia River in 1838 September 2, 1777 Lawyer, judge of General Court Moved to Vincennes in 1801; good friend of Gov. Harrison; New Jersey of Indiana Territory captain at Battle of Tippecanoe Perry Charles Polke circa 1744 Baptist minister Father of William Polke, delegate from Knox; wife and Frederick Co., Maryland children captured by Indians, later released at Detroit Posey Dann Lynn June 24, 1782 Farmer, trader, ferry operator, Moved to Ind. in 1798; served in Indiana militia; acquired Christian Co., Kentucky associate judge of circuit court extensive land holdings Switzerland William Cotton March 13, 1776 Farmer, lawyer, judge, miller Moved to Ind. in 1798; appointed by President Monroe to Loudoun Co., Virginia appraise Indian improvements in Warrick Daniel Grass March 27, 1774 or 1780 or 1781 Farmer, lawyer Served in Indian wars; moved to Ind. circa 1802; excused Pennsylvania or Kentucky from convention, June 19, 1816, due to ill health Washington John DePauw March 11, 1785 Lawyer, merchant Father, Charles, came with Lafayette to fight in American Lincoln Co., Kentucky Revolution; son, Washington, endowed William Graham September 4, 1782 Farmer, surveyor Moved to Ind. in 1811; committee for selecting new state Ireland capital; U.S. House of Representatives, 1837-1839 William Lowe 1767 Lawyer, associate judge of circuit court Samuel Milroy August 14, 1780 Carpenter, farmer, joiner, trader Moved to Washington Co. in1814; brigadier general of the Mifflin Co., Pennsylvania militia; founded town of Delphi, Carroll Co., Ind. Robert McIntyre 1766 Farmer, justice of the peace Moved to Washington Co. circa 1812; served in War of Chester Co., Pennsylvania 1812; Indiana militia Wayne Patrick Beard 1769 Farmer, livestock dealer Moved to Ind. circa 1813 Londonderry, Ireland Jeremiah Cox March 3, 1763 Miller, farmer, blacksmith Moved to Wayne Co. in 1806 Adams Co., Pennsylvania Hugh Cull October 1759 Methodist circuit rider Moved to Whitewater River Valley in 1805 Havre de Grace, Maryland Joseph Holman October 1, 1788 Merchant, tanner Moved to Wayne Co. circa 1805; served in War of 1812 Woodford Co., Kentucky

14 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999 A Note Regarding Resources: Items are listed on this page that enhance work with the topic discussed. Some older items, especially, may include dated practices and ideas that are no longer generally accepted. Resources Selected Resources reflecting current practices are noted whenever possible.

Bibliography Informative booklet on Corydon Additional Resources • Barnhart, John D., and Dorothy L. and Indiana’s first state capitol for the • Onuf, Peter S. Statehood and Riker. Indiana To 1816: The Colonial Department of Conservation. Union: A History of the Northwest Period. Indianapolis, 1971. • Dunn, Jacob Piatt. Indiana and Ordinance. Bloomington, 1987. Excellent standard source for Indianans: A History of Aboriginal and Good overview. Indiana history during this period. Territorial Indiana and the Century of • Riker, Dorothy, ed. Executive • Barnhart, John. D. “Sources of Statehood. Vol. 1. , 1919. Proceedings of the State of Indiana, Indiana’s First Constitution.” Indiana Standard, but dated, source for 1816-1836. Indianapolis, 1947. Magazine of History, 39 (1943): 55-94. Indiana history during this period. Printed version of primary sources. Lists the parts of Indiana’s Consti- • Esarey, Logan. Organizing a State. • Thornbrough, Emma Lou. The tution which were derived from other Indianapolis, 1919. Negro In Indiana Before 1900: A Study state constitutions. ’s move toward of a Minority. Indianapolis, 1957. • Barnhart, John D. “The Southern statehood and problems while orga- Provides background and effect of Influence in the Foundation of Indi- nizing the new state. 1816 Constitution. ana.” Indiana Magazine of History, 33 • Goebel, Dorothy Burne. William • Thornbrough, Gayle, and Dorothy (1937): 261-76. Henry Harrison: A Political Biography. Riker, eds. Journals of the General Discusses the delegates to the Indianapolis, 1926. Assembly of Indiana Territory, 1805- 1816 convention and the sources for Good biography of Harrison with 1815. Indianapolis, 1950. the Constitution. emphasis on his political career. Printed version of primary sources. • Barnhart, John D. Valley of Democ- • Hawkins, Hubert H., comp. Selected Student Resources racy: The Frontier versus the Planta- Indiana’s Road to Statehood: A • Collier, Christopher, and James tion in the Ohio Valley, 1775-1818. Documentary Record. Indianapolis, Lincoln Collier. Creating the Constitu- Bloomington, 1953. 1969. tion, 1787. , 1999. General overview of how Kentucky, Contains important federal and Events and personalities involved; Tennessee, Indiana, Ohio, and Illinois state documents issued during for intermediate readers. obtained statehood. Indiana’s statehood process; also on • Feinberg, Barbara Silberdick. Local • Buley, R. Carlyle. The Old North- the Historical Bureau Web site. Governments. New York, 1993. west: Pioneer Period, 1815-1840. 2 • “Journal of the Convention of the For intermediate students; includes vols. Indianapolis, 1950. Indiana Territory, 1816.” Indiana references and index. Excellent standard source for Magazine of History, 61 (1965): 77- • Feinberg, Barbara Silberdick. State Indiana history during this period. 155. Governments. New York, 1993. • Carmony, Donald F. Indiana, 1816- The most important resource for Examines what governors, legisla- 1850: The Pioneer Era. Indianapolis, the 1816 constitutional convention; tors, judges, and other state officials 1998. also on the Historical Bureau Web do and how their power differs from Excellent standard source for site. state to state. Indiana history during this period. • Kettleborough, Charles. Constitu- • Fritz, Jean. Shh! We’re Writing the • Carruth, Gorton. The Encyclopedia tion Making in Indiana. Vol. 1, 1780- Constitution. New York, 1987. of American Facts and Dates. 9th ed. 1851. Indianapolis, 1916. Writing and ratification of the U.S. New York, 1993. Provides historical background, Constitution; for intermediate readers. Extensive, easy-to-read timeline of text, and changes to the 1816 and • Johnson, Linda Carlson. Our American history. 1851 Indiana constitutions. Constitution. Brookfield, Conn., 1992. • Coleman, Christopher B. “The • Madison, James H. The Indiana History of U.S. Constitution; Discovery and Identification of an Way: A State History. Bloomington, bibliographic references, index, Original Copy of the Constitution of 1986. excellent images. 1816.” Indiana Magazine of History, An excellent one-volume history of • Leinwand, Gerald. Do We Need a 30 (1934): 360-64. Indiana. New Constitution? New York, 1994. Interesting description of verifica- • Thornton, W. W. “Constitutional Reasons for writing a constitution; tion of the handwritten copy now Convention of 1816.” Report of the for intermediate readers. owned by the Indiana Historical Sixteenth Annual Meeting of the State Society. Bar Association of Indiana. [India- • Cottman, George S. The Corydon napolis], 1912, pp. 102-35. State House: A Shrine. India- Comprehensive examination of napolis, 1930. 1816 convention.

© Copyright Indiana Historical Bureau 1999 The Indiana Historian, September 1999 15