The Indiana Historian A Magazine Exploring Indiana History A conference celebrating the 150th “The setting of the convention” is Focus anniversary of Indiana’s Constitution the focus on page 5; the organization of was held in November 2001. Speakers the convention is covered on page 6. at this sesquicentennial celebration An overview of “delegates to the noted the renewed interest of the convention” is presented on page 7 in Indiana Supreme Court and Court of words of one of the members. Appeals in the Constitution. One On pages 8-9, an excerpt from a speaker emphasized that the Constitu- contemporary satirical sketch of the tion needs “to be in the hearts and convention is presented. minds of every citizen.” He noted that On pages 10-11, the issues of the the aspirations of the people are in the convention and how the Constitution of Constitution and that “every generation 1851 has fared over time are briefly moves to achieve those aspirations.” He discussed. admonished the audience to “spread the A chart on pages 12-14 summarizes conversation.” the content of the 1851 Constitution This issue of The Indiana Historian, and major changes from the 1816 we hope, will help to fulfill that call. It Constitution. provides only a brief introduction to an On page 15, there is the usual list of extensive topic, worthy of further bibliography and resources. Cover: When the convention adjourned investigation. Readers are encouraged to access February 10, 1851, the original handwritten The articles on pages 3 and 4 the Historical Bureau Web site constitution was given to the Secretary of explore why and how the voting citizens
The Indiana Historian and its importance to citizens today. changes been made? June 2002 • Invite your legislators to speak about • examine in more detail the con- ISSN 1071-3301 Order Number 7053 how the Indiana Constitution governs vention delegates from your area; Editor their actions in the Indiana General As- check your local historical society or Pamela J. Bennett sembly. public library for resources. A search- Lead Researcher Paula A. Bongen • Investigate the Bill of Rights con- able database of delegates is on the Designer Dani B. Pfaff tained in Article I of the Constitution. Historical Bureau Web site Contributing Editors Compare the rights it provides to Indi- 2 The Indiana Historian © 2002 Indiana Historical Bureau Calling for a new state constitution Indiana’s 1816 Constitution specified in Article VIII that every twelfth year at Article VIII, Indiana Constitution of 1816 the general election for governor, a poll Sect. 1. Every twelfth year, after this constitution shall have taken effect, should be taken to determine if electors at the general election held for Governor there shall be a poll opened, in favored calling a constitutional conven- which the qualified Electors of the State shall express, by vote, whether tion. Although there was much debate, they are in favour of calling a convention, or not, and if there should be this provision was interpreted to mean a majority of all the votes given at such an election, in favour of a that the General Assembly could call for convention, the Governor shall inform the next General Assembly thereof, a convention at any time. whose duty it shall be to provide, by law, for the election of the members There were many attempts to call for to the convention, the number thereof, and the time and place of their a convention. The question of calling a meeting; which law shall not be passed unless agreed to by a majority of constitutional convention, however, all the members elected to both branches of the General assembly, and actually was submitted to voters only which convention, when met, shall have it in their power to revise, five times. amend, or change the constitution. But, as the holding any part of the In 1823, the question of calling a human Creation in slavery, or involuntary servitude, can only originate convention was widely discussed in the in usurpation and tyranny, no alteration of this constitution shall ever popular newspapers of the day. The take place so as to introduce slavery or involuntary servitude in this issues included: State, otherwise than for the punishment of crimes, whereof the party • substituting biennial or triennial shall have been duly convicted. sessions for the annual sessions of the Source: Kettleborough, 1:111-12 Indiana General Assembly; • authorizing the Governor to call special or emergency sessions of the General • a desire to end the monopoly of the Dunning addressed the General Assem- Assembly; Second State Bank; and bly and called for legislation to imple- • the impeachment of local officials by • the growing popularity of Jacksonian ment the people’s will. circuit courts rather than the State democracy which emphasized individual Sources: Carmony, Pioneer Era, 405; Senate; rights, popular election, restrictions on Kettleborough, 1:xxxv, xlii, li, lxiii-lxxii, • giving authority to grant divorce to legislative bodies, and private enterprise. lxxiii, lxxv-lxxvii, 111. circuit courts rather than General Popular interest and demand for a Assembly; and constitutional convention continued to • reorganizing the Indiana Supreme grow. When the Indiana General Court. Assembly of 1848-1849 assembled, As the chart on this page indicates, Governor James Whitcomb recom- voters did not vote in favor of a new mended calling a constitutional conven- state constitution until 1846. The tion to address several important State population and votes convention was not called, however, issues: in referenda to call for since the closeness of the vote indicated • uncontrolled growth of local and a constitutional convention that a true public mandate did not yet special legislation that the General Year population in favor opposed exist. In addition, there were questions Assembly was forced to deal with; about the validity of the vote, which • biennial rather than annual sessions of 1810 24,520 was small compared to the total votes the General Assembly; and 1820 147,178 in the election. • prohibition of public debt. 1823 2,601 11,991 The change in popular opinion The General Assembly responded 1828 10,092 18,633 reflected in the 1846 vote has been with appropriate legislation calling for 1830 343,031 credited to several factors: another constitutional referendum. 1840 685,866 12,666 62,714 • the state’s financial disaster as a result Governor Paris C. Dunning signed the 1846 32,468 27,123 of the Internal Improvement Act of 1836; act on January 15, 1849. On August 6, 1849 81,500 57,418 • increasing support for biennial sessions 1849, voters favored the referendum by 1850 988,416 of the General Assembly and for strict an indisputable majority. Sources: Kettleborough, 1:lii, lvii, lxi, lxvi, limitations on passage of local and special lxxvi; Madison, Indiana Way, 325-26 legislation by that body; On December 4, 1849, Governor © 2002 Indiana Historical Bureau The Indiana Historian 3 Calling the convention On January 18, 1850, the Indiana • Same day, delegates elect a president and General Assembly approved an act, all officers needed which outlined the process for calling • Secretary of State receives credentials of delegates for a constitutional convention. The act • Immediately after General Assembly contained seventeen sections; the major adjourns, State Librarian gets Hall of points are summarized below. House of Representatives ready for conven- tion Indiana Historical Bureau. Election to be held first Monday in August next [August 6, 1850, the day of Delegates shall be duly sworn to uphold the general election] the Constitution of the U.S. •Number of delegates equals number of • Delegates have same rights and privileges members of General Assembly as General Assembly and are allowed to use •Voters (white males, at least 21 years old, books in State Library living in Indiana for one year) eligible to be • Members get $3.00 a day while actually elected delegate attending convention • Members get same compensation for Tally of votes travel as members of General Assembly • Election of delegates shall be held the • Stenographer shall be appointed by same as for General Assembly Governor to report debates • Board of county canvassers in each Paris Chipman Dunning was elected county counts votes and declares winners Secretary of State shall provide conven- lieutenant governor in 1846 and became • Clerk of circuit court makes certificate of tion all papers, statistics, records and governor in December 1848 when Governor election for each delegate; Sheriff delivers public documents, etc. requested by James Whitcomb was elected to the U.S. them to elected delegates convention Senate. On December 4, 1849, Dunning • Clerk mails certified list of names of • Stationery shall be provided convention addressed the Indiana General Assembly delegates to Secretary of State same as for General Assembly calling for legislation to determine the • President and Secretary of convention process for calling a constitutional Delegates shall report to Indianapolis convention. (Barnhart and Carmony, on first Monday in October [7th] give draft of amended Constitution to Indiana, 1:406; Kettleborough, 1:lxxvii) Secretary of State • Secretary of State enters Constitution in files, records in his office, and delivers certified copy to Governor, who takes to General Assembly; General Assembly passes all laws necessary to submit it to voters for approval or rejection, and to organize government if ratified. 3,000 copies of this act with appendix, (calling for a convention) shall be printed • Secretary of State mails not less than 20 and no more than 30 copies to each county clerk • Sheriff of county delivers one or more Indiana State Library, Indiana Division. copies to each inspector of elections • Sheriff gives notice of election same as election of General Assembly On January 19, 1850, the Indiana General Assembly passed an appropria- tions bill allowing $40,000 to defray the costs of the convention. Sources: Kettleborough, 1:lxxvii-lxxix, 202-7, Shown above is part of a tally paper listing the results of voting for delegates to the 209. constitutional convention. This particular election took place somewhere in Warren County. James R. M. Bryant was elected as the representative delegate from Warren County and Robert C. Kendall was elected as the senatorial delegate representing Warren, Benton, White, and Jasper counties. (Kettleborough, 2:639-41; Walsh, 749, 750) 4 The Indiana Historian © 2002 Indiana Historical Bureau The setting of the convention Indianapolis in the Mid-1800s hunting ground for quails and squirrels.” community and the work was often hard When the delegates came to Indianapo- (William R. Holloway, Indianapolis: A and long. Stores were opened by 6 o’clock Historical and Statistical Sketch [Indianapo- generally, sometimes before . . . . Factories lis in October 1850, they saw a city of lis, 1870], 85) and mechanics began work at seven and contradictions. It was small, surrounded quit at six . . . . Doctors, lawyers and public by forests with primitive roads and Growing up in 1850s Indianapolis officials were at work early and the banks streets, and yet it was a bustling John H. Holliday was a child in India- ran from eight to four . . . . The town was community with businesses, hotels, napolis during the 1850s. He later large enough to have advantages over small wrote this description: ones or villages, but not large enough to churches, and schools. The people were forbid contact with the country and rural active socially and politically. “Let it be understood that I write as an life. There were plenty of good swimming W. R. Holloway provides a descrip- artist must paint—as I saw it. It was a great holes . . . in Fall Creek and Pogue’s Run tion of the city in the late 1840s: place to be born in and a good place to live . . . . The town was surrounded by woods in. . . . Its people were homogeneous, “Stumps and mud-holes were ugly disfigure- that afforded plenty of opportunities for holding and striving for high standards and ments of the streets . . . . Side-walks were hunting rabbits, squirrels and birds . . . . In exhibiting the best traits engendered in a not common off Washington Street, and the winter there was ice on the streams and simple democracy. . . . The community was elsewhere were merely strips of gravel with as few streets were improved there were small . . . . Almost every one owned their depths of mud on either hand. Large spaces many ponds all over the town where the own houses with more or less ground in of open ground, or common, could be seen boys could slide and skate.” which there was usually a garden and fruit in all directions covered by ‘dog-fennel’ of (Jacob P. Dunn, Greater Indianapolis, 2 vols. trees that contributed to the family living, luxuriant growth . . . . In any proper sense [Chicago, 1910], 1:196-200) assisted often by the ownership of a cow, a we had no streets. They were merely pig and chickens . . . . It was a working openings which might be used or not, as the weather made them impassable mud or insufferable dust. The town was gathered in Newspaper a loose way, in the center of the donation, advertisements from huddled pretty closely together for four or State Sentinel, five streets, divided by Market Street, and October 31, 1850 and sprangling off in clumps of settlement at November 14, 1850. other points, while much of the ‘donation’ outside of the original plat was pretty good © 2002 Indiana Historical Bureau The Indiana Historian 5 Organizing the convention At 10:00 a.m., October 7, 1850, elected Some discussion occurred concerning It was decided to record the debates. delegates of the constitutional conven- the employment of a stenographer to Later that same day, the convention tion met in the Hall of the House of record the debates of the convention. directed the State Librarian to procure Representatives in the State Capitol in Milton Gregg, Jefferson County, copies of the debates or journals of the Indianapolis. Charles H. Test, Indiana expressed his belief that the entire constitutional conventions of New York, Secretary of State, called the conven- population of the state would agree Kentucky, and Wisconsin. tion to order. with him that␣ “the employment of a By October 14, a plan had been After the delegates swore an oath to Stonographer [sic] here is as a useless adopted creating twenty-two standing uphold the U.S. Constitution and expenditure of money and the publica- committees to consider and draft perform their duties to the best of their tion of the debates of the Convention in sections of the new Constitution, and abilities, Secretary Test announced the an embodied form, as the consumma- members had been assigned. Also on convention ready to proceed to the tion of human folly.” Robert Dale Owen, that day, rules of order for the govern- business of organization. Posey County, replied: “I know of no ment of the convention proceedings George W. Carr, Lawrence County, State in which a Convention has were approved. was elected president, and William H. recently been held, which has not The real business of the convention English, Scott County (not an elected provided for the reporting of their began in earnest. delegate to the convention), was elected debates; and I doubt very much Sources: Journal of Convention, 3-4, 21-25, principal secretary of the convention. whether any publication will be read 52-58; Report of Debates, 1:30, 31-32, 41, 59- 62. Three assistant secretaries were also with more interest by the people of the elected by delegates; doorkeepers and State than the reports of our debates. sergeants-at-arms were appointed. It cannot be denied that they will be A committee was appointed to find eminently useful, as a commentary on larger, more convenient quarters for the the Constitution which we are about to convention. form.” (Indianapolis, 1850), opp. title page. (Indianapolis, 1850), The Indiana Gazetteer This State Capitol, located on the site of the present capitol building, was completed in 1835. Delegates to the constitutional convention met in the Hall of the House of Representatives in this building from October 7 until December 25, 1850. The opening of the session of the General Assembly forced the convention to move to the Masonic Hall. (Report of Debates, 2:1226, 1311, 1312; Indiana’s State House [Indianapolis, 2000], 6; Kettleborough, 1:lxxxix) 6 The Indiana Historian © 2002 Indiana Historical Bureau The delegates to the convention [Schuyler Colfax, South Bend, an who has lived in Indiana 44 years, and As regards age, 12 are under 30. . . . elected delegate to the convention, was is 46 years old, Newman of Wayne, a From 30 to 40 years of age, there are a newspaper editor; his columns about resident 43 years, and is 45 years old, 42 Delegates; from 40 to 50, 57 Del- the convention appeared frequently in and G. W. Carr, the President, who was egates; from 50 to 60, 24 Delegates, his paper. A original copy of the born in the State and is 43 years old and over 60 the following [6] . . . . broadside referred to in this excerpt . . . . The Delegate who has lived the The convention, yesterday by a large from one of his columns is in the shortest time in the State is Col. Taylor vote, elected Austin H. Brown, the Indiana State Library. of Michigan City, who has resided in publisher of the Sentinel, as their Indiana but 4 years. . . . printer. . . . S. C. [Schuyler Colfax] Excerpt from The married Delegates number 137, the St. Joseph’s Valley Register single ones 10, 3 not stated on list. . . . October 24, 1850 Indianapolis, Oct. 18, 1850 The list of members of the Conven- tion, with their ages occupation, place of nativity, &c., has been printed and Cholera epidemics swept through Indiana and much appeared in the Hall yesterday. Some of of the rest of the U.S. in its statistics may be considered worth 1832, 1833, 1834, 1849, reading, and I have therefore made a and 1854. The morning after schedule of the principal points for the delegate James Van readers of the Register. 1850. 16, , November Benthuysen’s death, the Kentucky is the birth place of more convention assembled, and Mr. Richey rose and made of the Delegates than any other State, the announcement. The and Virginia comes next. Nearly one committee formed to make third of the members were born in The Locomotive arrangements recom- these two States.—The list stands mended “that the members will testify their respect for Kentucky 23, Virginia 20, Pennsylvania the memory of the 19, New York 16, Ohio 16, Indiana 12, deceased by wearing the North Carolina 10, Tennessee 7, usual badge of mourning for thirty days.” (Report of Maryland 7, Massachusetts 4, South Debates, 1:491-93; Public Carolina 4 . . . Ireland 3 . . . Scotland 3 Health in Indiana, . . . Connecticut 2 . . . N. Hampshire 1 Indiana Historical Society Publications, Vol. 7, No. 6 . . . Vermont 1 . . . Delaware 1 . . . New [1923], 276-77, 284, 290) Jersey 1 . . . . This shows that 72 Delegates were born in the Free States, 72 in the Slave States, and 6 in foreign lands. The occupations are as follows: farmers 63, lawyers 37, physicians 18, merchants 10, printers 5, manufactur- ers 2, surveyor 2, accountant 1 . . . tanner 1 . . . joiner 1, millwright 1, teacher 1 . . . professor 1 . . . clerk of county 1 . . . recorder 1 . . . bricklayer 1 . . . miller 1 . . . banker 1 . . . . The Delegates who have been longest in the State are Mooney of Jackson, © 2002 Indiana Historical Bureau The Indiana Historian 7 A satirical sketch of the convention [This brief excerpt from The Locomotive, an resources of the state, and the position, The Convention is not called to order Indianapolis periodical, was written by talents, and influence of many of the yet, and the members are standing Berry R. Sulgrove (1828-1890) under the members; but as the knowledge must about in knots talking, or sitting around pseudonym Timothy Tugmutton. The description of the convention activities is have been purchased at the expense of the stoves smoking. In that group a satirical. It is designed to make the readers enduring very many very bad speeches, little down from the door, towards the laugh by poking fun at people and actions many uninteresting proceedings, and president’s stand, you notice a tall man, regardless of the serious purposes of the the calling of innumerable lists of ayes with a blue cloak, gold spectacles, eyes convention. The complete article is on the and noes . . . . The first time the visitor that look as though they might have Historical Bureau Web site. will learn who the most prominent men been blue once but had faded to no Sulgrove was an Indianapolis lawyer who wrote often for newspapers. He headed the are, and how they look . . . . color in particular, and a very large editorial department of the Indianapolis Then, reader, let us go down to the mouth . . . that is Prof. Read, of Journal 1855-1863. During the Civil War, he Masonic Hall . . . . As it approaches 9 Bloomington, a good speaker, and one was private secretary to Governor Oliver P. o’clock, we see the members singly, and of the best scholars in the State. . . . Morton. in squads of from three to a dozen, But the President is hammering for Source: R.E. Banta, comp., Indiana Authors going too—some talking very confiden- order, and being now a little less noisy and their Books, 1816-1916 (Crawfordsville, 1949), 309. tially, with their heads so close together than before, one of our clergymen that their cigars knock the ashes off opens the session with prayer. . . . The Locomotive, February 1, 8, 1851 each other—others talking quite loud, Listen to the preacher, he is praying [February 1, 1851] especially if they think they are saying the Almighty to induce the people to ……………………………………………………………………………………………………… anything smart . . . . adopt the constitution the Convention An occasional attendant during the . . . After some jostling we get may give them—an odd sort of a session has heard some good speeches, inside without material damage, and petition, but offered up probably under learned something of the intellectual may now look around a little. . . . the apprehension that nothing short of (Indianapolis, 1850), opp. 329. (Indianapolis, 1850), The Indiana Gazetteer The Masonic Hall was completed in the spring of 1850 and became the venue for public entertainment in Indianapolis. Timothy Tugmutton described this hall: “The chandeliers, you observe, these three big dark green things, like great dropsical spiders, swinging by gigantic cobwebs from the ceiling—are too clumsy, too low down, and really disfigure the Hall. Those red settees, and cross-legged poplar tables, like foldup cots, only not so clean, arranged with aisles between, for the convenience of approach, and whittled and inked all over like school-boys desks, are the member’s seats, and stands—where the members write if they happen to be taken industrious. . . . Those seats along the east wall are often full of ladies, when the Convention is in session, and it then looks like an oblong dirty apron, with a bright border down one side.” (The Locomotive, February 1, 1851; Berry R. Sulgrove, History of Indianapolis and Marion County, Indiana [Philadelphia, 1884], 256) 8 The Indiana Historian © 2002 Indiana Historical Bureau Indiana State Library, Indiana Division. Indiana State Library, Indiana Division. Indiana State Library, Indiana Division. Schuyler Colfax Robert Dale Owen John Pettit a special interposition of Providence intellect worth a regiment of pretty that is Mr. Badger, who has made will effect that result. Prayers over, the faces—that is Robert Dale Owen, by all himself somewhat famous by his Clerk begins reading the journal of odds, the ugliest man in the Conven- determined uncompromising hostility to yesterday, but as nobody listens to it, tion. In speaking, Mr. Owen is con- “women’s rights” . . . . we will take a look among the members stantly in motion, turning to all parts That . . . is Mr. Cole of Noblesville, while he is at it. of the house, and jumping about in a an excellent man, of clear, good sense, You see that short, fat man walking manner very incompatible with the and sound judgment, remarkable for up the aisle towards us, with spectacles, maintenance of any great degree of not having made a single speech in the a cane in his hand, and his hair frizzled dignity,—strongly reminding one of a Convention— a rather unaccountable up all around a bald place on the top of jaybird. eccentricity, that if imitated by about his head, that looks like a miniature ……………………………………………………………………………………………………… one hundred and forty other members, prairie surrounded by bushes, with a You will notice that quite a number would increase the popularity and slight limp in one leg, and a strong of the members appear to be very efficiency of that body materially. squint in one eye, dressed in black, and young, a thing we would be unlikely to You have heard of Judge Borden, of a very keen sagacious looking man at a expect in such a body. But some of course,—well, now, you will hear him- close view,—that is John Pettit . . . an them are talented, influential men, self. He is standing to the left of the earnest, energetic speaker. As he passes while others are no better than boys President . . . . He is saying now, that along he nods to a man sitting next to generally of the same age. That pale, he don’t expect to address the Conven- the aisle, with a light blue overcoat on, stoop shouldered young man, with very tion again during the session, whereat, and dark blue breeches—his hair little beard . . . is Mr. Colfax, one of the members rejoice uproariously, and sprinkled with gray, and gray whiskers; the former class. . . . But as they are cry “consent” . . . . his chin retreating as though it were beginning to call the ayes and noes, in That tall, slim young man walking afraid of the thick lips that protrude which, by the way, one fourth of the backwards and forwards across the above it—gray eyes that appear to have time is consumed, and it is very dull house, with a large head of hair, and a been scared half out of his head, and work, we will leave . . . . look of discomfort, like he had got into forgot to go back, and a nose . . . of an the Convention by mistake, and didn’t order of architecture that might be [February 8, 1851] know how to get out; and felt like a live denominated the “shovel plough!” His ……………………………………………………………………………………………………… eel in a sand wagon, rather out of his hair is combed very smoothly down in When we came away we left the element, is Mr. Hovey, a man of no front, and badly tangled up behind. But Secretary calling the ayes and noes . . . great force, rather combative, and fond over all this rough casting, there is a . of Roman history . . . . mild, benevolent expression, that half We take a seat at the back end of ……………………………………………………………………………………………………… redeems the plainness of the features the Hall, among the apple boys . . . . We won’t have a chance to go again . . . on which it rests, and Nature, to ……………………………………………………………………………………………………… but we have gone twice, which we took compensate for her carelessness in . . . you see a rather small man for granted the limit of visitation—and carving his face, has given him an rising to the right of the President . . . the Convention will adjourn (“mirabile dictu”) before we can go again . . . . © 2002 Indiana Historical Bureau The Indiana Historian 9 The new Constitution The Indiana Constitution of 1851 was formed from the various sections of the Property rights for women 1816 Constitution, provisions of consti- “No subject of greater importance than that to which they refer has come tutions of other states (especially up, since we met here. No subject of greater importance will engage our Illinois and Wisconsin), resolutions attention, till we close our labors and go hence, As in estimation next to submitted by members on their own or the right of enjoying life and liberty, our Constitution enumerates the at the request of constituents (a total of right of acquiring, possessing, protecting property. And these sections 333 resolutions were offered), and refer to the latter right, heretofore declared to be natural, inherent, recommendations of committee mem- inalienable, yet virtually withheld from one-half the citizens of our State.” bers and other delegates. Source: Robert Dale Owen, Report of Debates, 1:462 The constitutional convention met “If we establish the principle that the pecuniary interest of women is for the last time at 6:00 a.m., Monday, separate and distinct from that of men, we should establish also their February 10, 1851. The completed right of representation, and their right of suffrage: it would be but just, Constitution was read. President Carr that their separate interest should be represented. Let us look but for a gave his farewell address. The conven- moment at this position. When it concerns the election of a Legislative tion ordered 50,000 copies of the new Assembly, we give the right of voting only to those who have the confidence Constitution printed in English and of the people for exercising it. 5,000 printed in German. Seventy-nine The choice made by persons who have not the confidence of the people members of the convention were would weaken their confidence in the Legislative Assembly. present. The convention had been in The necessary degree of political knowledge cannot be presumed to session for 127 days at a cost of exist in women, who, by their domestic duties, are led away from the $88,280. consideration of the affairs of the State and the affairs of the nation. Some of the Issues The natural employment of women in all ages and in all stages of “There was never any question that civilization, is of that peaceful, affectionate, and domestic character— the Convention would provide for that necessarily limits their knowledge in matters of civil government.” biennial sessions of the legislature Source: W. R. Haddon, Report of Debates, 1:469 instead of annual sessions, or that it would do away with legislative divorces, elections and impeachments, or that it would abolish local legislation and the discretion to do whatever it pleased stage for legislative action in 1853. associate judges, or several other things —establish free banking, or a state bank Negroes and Mulattoes that had been complained of for years. with branches, or both of the former, or A full range of Hoosier attitudes Delegates took little time to agree none of the above. towards Negroes and Mulattoes also that more state officials should be Property rights for women prompted lengthy, heated debates about elected by the voters rather than Another issue that consumed much their immigration to Indiana. appointed by the General Assembly. time and elicited emotional opinions No delegates favored full equality for State support for free public elemen- was that of giving married women the Negroes and Mulattoes, and Article XIII tary education passed with little debate. right to their own personal property. of the new Constitution (prohibiting The state was prohibited from contract- Robert Dale Owen, chairman of the their immigration to Indiana) was ing any public debt except to meet Standing Committee on the Rights and approved by the convention by a vote of casual deficits in revenue, pay interest Privileges of Inhabitants of the State 93 to 40. The convention also agreed on state debt, repel invasion, suppress introduced a section to secure such that Article XIII should be voted on insurrection, or provide for public rights to Indiana married women. separate from the rest of the Constitu- defense. The issue of women’s property rights tion. A much longer and more complex came before the convention four Approval of Constitution debate developed about banking in different times. Three times a provision A few days before adjournment, the Indiana. Delegates eventually compro- was adopted and later recalled and Convention set November 1, 1851 as mised by giving the General Assembly eliminated. Owen’s efforts did set the the effective date for the new Constitu- 10 The Indiana Historian © 2002 Indiana Historical Bureau tion, if adopted by the voters. in September 1921, voters ratified an Today the Constitution of 1851—as On August 4, 1851, voters over- amendment granting women the right amended—continues to serve as the whelmingly approved the new Constitu- to vote. foundation of Indiana’s government. It tion—113,230 in favor and 27,638 A 2001 study of the Constitution of is the eighth oldest state constitution; it against. Voters were even more approv- 1851 provides some interesting data. is one of the shortest in length (10,230 ing of Article XIII prohibiting Negroes From 1932 to 1968, voters approved words); and it is one of the least and Mulattoes from immigrating to thirteen amendments. In 1935, the modified. In recent years, the Indiana Indiana—113,828 in favor and 21,873 Indiana Supreme Court reversed its Supreme Court and Court of Appeals against. long-held opinion on what constituted a have placed increasing emphasis on the The test of time majority of votes on a constitutional importance and meaning of Indiana’s Citizens began compaigning for referendum, making the amendment Constitution for its citizens. changes to the Constitution almost process somewhat easier. Sources: Barnhart and Carmony, Century, immediately following its adoption. In 1966, an amendment was adopted 11-12; Carmony, Pioneer Era, 429-30, 436- 39, 449, 450; Dunn, Indiana and Indianans, Voting issues and common schools were allowing more than one amendment to be considered during the amendment 1:443, 444, 496; Kettleborough, 1:clxxv, ccii, the most pressing concerns in the 221, 352, 410, 2:3; Madison, Indiana through 1850s. In the general election of process. In 1967, the Indiana Constitu- Tradition, 36; McDowell, 26-29; Philips, 18, October 11, 1859, a proposal calling for tional Revision Commission began a 110-13, 120; Thornbrough, 67. a new constitutional convention was comprehensive review of the Constitu- defeated overwhelmingly. tion resulting in several recommenda- The first amendment to the Constitu- tions. Twenty-one amendments have tion ratified by voters and adopted in been ratified since 1970. 1873, prohibited the General Assembly from assuming any liability connected with the Wabash and Erie Canal. In Immigration of Negroes and Mulattoes 1881, a group of amendments was The Indianapolis Indiana State Sentinel on November 28, 1850 printed adopted which among other things the following viewpoint “A proposition is before the Convention, now in struck out the clauses banning black session, to prevent their [Black and Mulatto] further emigration into this residence and voting, bringing Indiana State, and to prohibit their acquiring or holding real estate in future. into conformity with the U.S. Constitu- This is the sentiment of our people, and we trust that some such measure tion. will be inserted in our Constitution, and we shall be pleased to see a Frustrated with the complex amend- separate vote of the people for this provision. . . .” ment process for the Constitution, Source: as quoted in Thornbrough, 65 Governor Thomas Marshall, in 1911, Schuyler Colfax provided an eloquent minority viewpoint: “The slave persuaded the Indiana General Assem- States drive the free negroes from their borders, and the free States bly to adopt and submit to the people declare they shall not come within their limits. Where shall the negro go? an entirely new constitution. However, He has not the means to transport himself to his native land, or rather in July 1912, a Marion County Circuit the land of his ancestors, whence, Mr. President, let us remember—we Court judge granted an injunction must remember—he came not of his own will. The lust and avarice of the preventing the referendum. The Indiana white man stole them from their homes, herded them in the slave facto- Supreme Court upheld the lower court’s ries, doomed them to the horrors of the ‘middle passage,’ and landed decision, and Governor Marshall them on our shores to live the bondman’s life of unrequited toil. He was withdrew the proposal. dragged from his home, and now by the accidents of life a portion of the In 1913, the Indiana General Assem- race find themselves free but ordered off the earth by constitutional bly adopted twenty-two amendments provisions, like the one now before this Convention. Where shall the named after sponsor Senator Evan negro go? Into the Ohio river! Stotsenburg of New Albany which . . . Let us not adopt such measures as we shall hate to look back upon, copied much of the Marshall constitu- from the future; such provisions as we shall burn with shame to see tion. At its next session, however, the inscribed on the first page of our organic law. Let us do equal and exact General Assembly failed to pass the justice, regardless of creed, race, or color. If we value liberty let us not Stotsenburg amendments. In 1914, step beyond the Declaration of Independence and declare its sublime voters defeated a call for a constitu- truths a living lie.” tional convention. In a special election Source: Report of Debates, 1:458 © 2002 Indiana Historical Bureau The Indiana Historian 11 , 963, 971, Journal of Convention Regular sessions of 61 days every 2 years instead every 2 years of every days Regular sessions of 61 “expense of the sessions of our General Assembly, year; for and journals,including printing has averaged, of laws the thousand last tenupwards of forty dollars annu- years, bills. changes in handling of legislative ally”; Foreigners who meet certain “ThisForeigners requirements can vote: will undoubtedly tend provision liberal to increase the wealth and population of our State, attracting emigrants by to- it”; certainwards postmasters be elected to may the legisla- offices be held by ture and in some counties, several may a challenge, or accepts one who gives the same person; “No or carries to another a challenge, to fight a duel, shall be officeeligible to any of trust or profit.” Separation of church and state:Separation that no person can be re- jected as a witness due to compensa- his religious beliefs; property thattion for is taken shall be “first assessed and tendered”; debtor shall be left with a reasonable amount of property; “continue, modify or abolish the legislature may Grand Jury System”; right all civil and jury of trial by for criminal cases; no citizen or class of citizens shall be granted thespecial privileges General Assembly. or immunities by ephemeral popularity, hastily, or without the and most fullest deliberate consid- hastily, ephemeral popularity, eration, to the dearest pass upon great rights and most questions, involving vital interests, of thealone, but others present generation that not are to and quotations in the Information column of thesucceed.” chart labeled “Major the Constitution” 4, 1851, are from this address. On August from 1816 changes The Constitu- to 27,638. electors of 113,230 accepted the a vote Constitution by Sources: 1851. 1, tion took on November effect 972; Kettleborough 1:295-368; 2:3, 617-18. Kettleborough 972; Powers of the are divided into government three separate departments;Powers Consti- and the thethe Judicial - same as in 1816 Executive, Legislative, tution Defines legislative authority, number of members of each body, length of body, number of members each authority, Defines legislative terms, elections, requirements to districts for serve, biennial sessions, prohibited. were Amend- bill procedures; specified local or special laws replaced biennial session to race; 1970 reference removed ment in 1881 to language and references gender removed with annual sessions; 1984 lengthset by of sessions which are now counties as units, and removed statute. Free requirements - every white elections, defined male citizen 21 voting and male noncitizens; specifically prohibited Negroes and over years and specifiedand mulattos of election. the from voting; day qualification eliminated election and changed as a voting race In 1881, eliminated to firstday after in 1921, Tuesday in November; first Monday qualification and disfranchised noncitizens; in 1976, as a voting gender age. voting lowered Rights of conscience, free speech, due process of law, trial by jury, bail, jury, trial by due process of law, Rights of conscience, free speech, right to bear arms,habeas corpus, emigration; assembly, freedom of of church and state,religion, separation or sei- no unreasonable search property assessed and tenderedzure, compensation taken, before equal- military, civilian over rule of law, ity of all citizens, no ex post facto law, sections masculine refer- in several or indenture. In 1984, no slavery to changed gender neutral (“people”) and in Section ences (“men”) were In and “Mulatto” removed. were “Negro,” to “indenture,” reference 37 rights of victims added to1996, rights of accused. I II III IV Article 1851 Subject and later changes Major changes from 1816 Constitution Powers Election Legislative Department Bill of Rights Suffrage and Distribution of The 1851 Constitution On February 8, 1851, Robert Dale Owen reported the select committee for an On February 8, 1851, in the summarizing changes major proposed of Indiana,” address “To the People concurred in The convention aid in securing its adoption.” Constitution, “as may the document, which throughout was then made available the state. The address in points out that voting theit vitality” voters of Indiana “alone can give by of the Constitution. The address closes with thefavor a justification length for “the deliberations of a numerous body necessarilyof the proceed convention: the of sake for been a culpable violation of duty, have and it would slowly; 12 The Indiana Historian © 2002 Indiana Historical Bureau Legislature may not incur any debt (with a few exceptions). debt (with a few incur any not Legislature may brief“Had this as it is, been inserted provision, and simple the State saved have it would in the Constitution of 1816, . such a Convention from a loss of six millions dollars. months, theas that last four which has been engaged, for the future, all a constitution, whichin framing shuts out for The state take on any not may possibility of similar folly.” debt. county or town Benevolent institutions are “perpetuated constitutional Benevolent by correction and theref- for houses of refuge provision”; are established. offenders ormation of juvenile Abolition of county seminaries, with going their funds now to common schools; establishment system of uniform of superintendentfree common schools; of public instruction term. 2 year elected people for by Supreme Court and Circuit Court people elected judges by instead withof legisla- of appointed governor approval by other thanture; elected are ineligible to judges a judi- any cial office; Judicial Circuit each prosecuting attorney for theelected with by people; voters good moral character “calculated provision to reform di- law law; practice may minish the cost and to proceed- correct of law the delay ings.” Term of governor and lieutenant governor is 4 years to of governor and lieutenantis 4 years governor Term correspond to biennial sessions of legislature (instead of 3 term change. years); restrictions; power veto Secretary of state,people and treasurer elected by auditor, term with a two-year termfor restrictions; county clerk, terms serve and recorder four-year with termauditor, re- strictions. Equal rate of property assessment and taxation; state income shall pay the shall authorize principal debt to law of the be any public debt; “No contracted, cases: to on behalf of the meet State, in the following except casual deficits tothe in the pay revenue; interest on the State debt; to if hostilities be threatened, suppress insurrection, or, repel invasion, state forbade from Amendments: 1873 the public defense.” for provide instituted and Erie an Canal; 1932 assuming liability related to Wabash concernedincome tax; 1966 property assessment, taxation, and excise tax. General Assembly will provide support educational institutions for Assembly will provide for General the the “Deaf and Dumb, of the treatment of the Blind; and also, for establish offenders; asy- juvenile for houses of refuge Insane”; provide the people sufferingamendment changed misfortune. The 1984 lums for to wording “deaf and mute.” Prescribed a system of common schools and specified funding details; shall elect a statevoters superintendent of public instruction with a two- term.year Established Supreme Court, Circuit Courts, courts; and inferior defined districts,number of judges, jurisdictions, and procedures; General As- tosembly appoint 3 commissioners to undertake and re- legal reform allowing amendment repealed section 21 A 1932 codification of laws. amendment The 1970 of good moral character toeveryone practice law. restructured Article VII; and the 2000 amendment related to the types of cases the Supreme Court will hear. Governor and lieutenant governor elected for four year terms; year term four and lieutenant electedGovernor governor for restrictions; election regulation; defined eligibility to office; run for veto to governor succes- amended to serve allow two In 1972, change. power and lieutenant governor together; governor for vote terms;sive in 1974, language changed. gender in 1984, Defines election of state and county officials; state and county officials amendments dealt defined. In 1984, residency requirements and removal with terms and term amendment mandated governor limits. In 1998, reside at seat of government. must X V IX VI VII VIII Article 1851 Subject Major changes from 1816 Constitution Judicial Executive Education Public Finance Administrative State Institutions © 2002 Indiana Historical Bureau The Indiana Historian 13 The 1816 constitution had no way to constitution had no way submit separate amend- The 1816 ments to the people. “The advantage of the provision is, that, the Consti- without the new of a Convention, expense of its parts, faulty or deficient in any may tution, if found be amended and perfected.” “This article . is to be submitted separately to the people.” of opinion, that were the majority of the Convention “A true interests of the alike white citizens of this State and of its colored inhabitants, demanded the ultimate separation of the races; and that, as the obtain, Negro cannot among us, equal social and political rights, it is greatly to be de- sired that he should find a free home in other lands, where upon color neither social disabilities public opinion imposes nor political disfranchisement.” Legislature may establish banksLegislature may with certain restrictions. to“In addition to restrictions, thespecially applying above that they as tobanks, it is provided, corporations generally, un- be formed special act, but may be created by shall not laws.” der general Article XI, Section 17 of the 1816 Constitution had the same of the 1816 Article XI, Section 17 boundaries. Either branch of the General Assembly may propose an amendment. If Either branch of the may General Assembly a majoritybranches in both agree to the to amendment, it is referred agree If they the to next elected the General Assembly. amendment, the amendment is submitted to the electors of the state. If a majority rati- fies the amendment, it becomes part of the constitution. If more than No one amendment is submitted, they upon separately. will be voted be proposed until this process is completed. additional amendments may amendment simplified the deleted was in 1966; provision 1998 This last the wording. Instructions for how to appointments; duration of offices; how make Instructions office for an oathholders shall take or affirmation; there will be a state seal; no county reduced to less than 400 square miles; no lottery shall be autho- rized; state-owned be sold or leased; Gen- lands in Indianapolis shall not shall enclose and preserve Assembly theeral Tippecanoe Battle Ground. The lottery was repealed in 1988. provision Boundaries of the state are defined. No Negro or mulatto is allowed to Negro in Indiana or be party or mulatto settle toNo is allowed a of Civil Rights Act emigrationcontract; [Federal should be encouraged. amend- citizenship on Negroes. conferred The Civil War April 9, 1866 nullified essentially this 15) 14, ments to Constitution (13, the U.S. article.] Article XIII was amended to address political and municipal In 1881, corporate indebtedness. Regulated state banks; and other corporations. Amendments in 1940 repealed sections which held bank stockholders responsible personally loss and that required banksfor to cease operations after 20 years. Describes the militia—who can serve, appointments, terms, organiza- the amendment removed tion, and conscientious objectors. The 1936 the gender distinc- amendment removed distinction and theracial 1974 tion. XI XII XV XIII XVI XIV Militia Article 1851 Subject Major changes from 1816 Constitution Mulattoes Boundaries Negroes and Corporations Amendments Miscellaneous 14 The Indiana Historian © 2002 Indiana Historical Bureau 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 reflecting current practices are noted whenever Selected Resources possible. Bibliography • McDowell, James L. “Indiana’s History of the Indiana General Assem- • Bartlett, Laura, comp. “Amendments Venerable Constitution: 150 Years Old bly. A Biographical Directory of the to the Constitution of the State of and Counting.” Traces of Indiana and Indiana General Assembly. Vol. 1, 1816- Indiana.” Indianapolis, 1967. Midwestern History, Fall 2001. 1899. Indianapolis, 1980. Typescript prepared by Indiana Concise history of evolution of Biographies of many convention Legislative Council. Indiana Constitution. delegates. • Barnhart, John D., and Donald F. • Phillips, Clifton J. Indiana in Internet Resources Carmony. Indiana: From Frontier to Transition: The Emergence of an Indus- • Current Indiana Constitution as Industrial Commonwealth. 2 Vols. New trial Commonwealth, 1880-1920. India- amended York, 1954; reprinted 1979. napolis, 1968. © 2002 Indiana Historical Bureau The Indiana Historian 15 Before the convention adjourned, it ordered 50,000 copies of the Constitution printed in English and 5,000 copies printed in German (Dunn, 496). The new Constitution was also published in many newspapers throughout the state. (Barnhart and Carmony, Indiana, 99)