Summer 2003 $5

S u m m e r 2003 $5 F_521_l48_VOLl 5_N03 INDIANA HISTORICAL SOCIETY BOARD OF TRUSTEES Michael A. BLICKMAN, Indianapolis, Second Vice Chair Frank A. Bracken, Indianapolis Edward E. Breen, Marion, First Vice Chair Dianne J. Cartmel, Brownstown Patricia D. Curran, Indianapolis Edgar G lenn Davis, Indianapolis Daniel M. Ent, Indianapolis Richard E. Ford, Wabash R. R ay Hawkins, Carmel T homas G. H oback, Indianapolis L arry S. L andis, Indianapolis PollyJ ontz Lennon, Indianapolis J ames H. Madison, Bloomington Mary Jane Meeker, Carm el J anet C. Moran, H am m ond Andrew W. N ickle, South Bend George F. Rapp, Indianapolis Robert L. Reid, Evansville Bonnie A. Reilly, Indianapolis Evaline H. Rhodehamel, Indianapolis, Secretary Lan M. Rolland, Fort Wayne, Treasurer Michael L. Westfall, Fort Wayne, Chair William H. Wiggins J r., Bloomington ADMINISTRATION Salvatore G. CilellaJ r., President Raymond L. Shoemaker, Senior Vice President Annabellk J. J ackson, Controller Susan P. Brown, Director, Human Resources Linda L. Pratt, Vice President, Development and Membership Brenda Myers, Vice President, Marketing and Public Relations Dara Brooks, Director, Membership Carolyn S. Smith, Membership Coordinator DIVISIONS Stephen L. Cox, Vice President, Public Programs T homas A. Mason, Vice President, IHS Press TRACES OF INDIANA AND MIDWESTERN HISTORY T homas A. Mason, Executive Editor Ray E. Boomhower, Managing Editor Kathleen M. Breen, Assistant Editor George R. Hanlin, Assistant Editor J udith Q. McM ullen, Assistant Editor WHAT’S NEXT? CONTRIBUTING EDITORS M. T eresa B.aer Douglas E. Clanin Pau ia J. CORPUZ L eigh Darbee PHOTOGRAPHY David T urk, Photographer Susan L. S. Sutton, Coordinator EDITORIAL BOARD Edward E. Breen, Marion H oward C. Caldwell J r., Indianapolis J ames A. Coles, Indianapolis Ralph D. G ray, Indianapolis J ames H. Madison, Bloomington Dale O gden, Indianapolis Lester M. Ponder, Indianapolis Robert L. Reid, Evansville Eric: T. Sandweiss, Bloomington T he fall 2003 issue of Traces Bernard W. Sheehan, Bloomington Richard S. Simons, Marion explores the career of Hoosier actress Anne Baxter. The William H. Wiggins J r., Bloomington Oscar-winning actress from Michigan City thrilled fans for DESIGN R. Lloyd Brooks years with roles in such classic films as All about Eve and Thrive, Inc. The Ten Commandments. The issue also features articles PREPRESS AND PRINTING Graphic Arts CENTER/Indianapolis on a Vietnam veteran’s return to the country where he IHS WORLD WIDE WEB PAGE served as a Green Beret, the Lockefield Gardens housing http://www.indianahistory.org development in Indianapolis, the career of baseball legend Gil Hodges, and mint farming in northern Indiana. Traces of Indiana and Midwestern History (ISSN 1040-788X) is published quar terly and distributed as a benefit of membership by die Indiana Historical Society Press; editorial and executive offices, 450 West Ohio Street, Indianapolis, Indiana 46202-3269. Membership categories include Student $10, Individual $35, Family/Dual $50, and Sustaining $100. Single copies are $5.25. Periodicals postage paid at Indianapolis, Indiana; USPS Number 003-275. Literary contri butions: A brochure containing information for contributors is available upon request. Traces accepts no responsibility for unsolicited manuscripts submitted without return postage. Indiana newspaper publishers may obtain permission to reprint articles by written request to the Press. The Press will refer requests from other publishers to the author. ©2003 Indiana Historical Society Press. All rights reserved. Printed on acid-free paper in die United Stales of America. Postmaster: Please send address changes to Traces ojIndiana and Midwestern History, Indiana Historical Society Press, 450 West Ohio Street, Indianapolis, Indiana 46202-3269. Traces is a member of the Conference of Historical Journals. SUMMER 2003 VOLUME FIFTEEN, NUMBER THREE VOI..15 no.3 The Rule of Law 3 Sarah Evans Barker Beauty and Utility: The United States Court House and Post Office 4 Elizabeth Brand Monroe, Andrew R. Seager, and Perry R. Secrest A Century of Change: Indiana’s Women Lawyers 14 Sharon Hannum Seager Traveling Justice: Judges Riding the Circuit Suzanne Buchko Walter Q. Gresham: Law, Politics, and Diplomacy in the Nineteenth Century 25 Charles W. Calhoun For Human Rights: Slave Cases and the Indiana Supreme Court Randall T. Shepard An Echo of the War: The Aftermath of the Ex parte Milligan Case Allen Sharp Front Cover: One of the four granite statues located at the Ohio Street entrance to the United States Court House and Post Office in Indianapolis. The statues were sculpted by J. Massey Rhind. In addition to the Literature statue pictured on the cover, the courthouse features statues named Industry, Science, and Agriculture. Credit: Shawn Spence Photography. O pposite: Michigan City-born actress Anne Baxter strikes a sultry pose for a movie studio publicity photograph. Credit: Courtesy David L. Smith. THE RULE OF LAW SARAH EVANS BARKER “B e you never so high, the law is above you.” United States Constitution created strong incentives for This proverb captures one of the cornerstone judicial independence and competence. Second, the principles of our democracy—the rule of law. More federal courts were granted jurisdiction over two types of than a preference for law over the dictates of men, cases: state law cases between citizens of different states, this maxim espouses the primacy of the rule of law. in order to counter possible state-court biases, and cases Even the wisest of constitutions, bills of rights, and arising under federal laws and the Constitution, in order statutes would be dead letters without an independent to promote a national perspective and uniformity of judiciary to interpret and apply them and vigorous procedure and interpretation of federal laws. Federal lawyers to advocate for their just implementation. judges thus had both insider and outsider roles in the The vibrancy of the bench and bar allows onr courts, development of Indiana’s legal history. In “diversity of as the law’s arbiters of last resort, to peacefully resolve citizenship” cases they followed Indiana precedents, but disputes often involving the most controversial and in “federal question” cases they were empowered to divisive issues of the day with a finality adm ired enforce federal laws that occasionally ch an g ed state law. and respected throughout the world. The significance Like all institutions, courts are also shaped by the of these institutions underscores the need for personalities of the people who serve there, and fed preserving the legal history of our state. Our goal in eral judges in Indiana have been drawn from the this issue of Traces is to muster a modest sampling of ranks of her own citizens. Thus, despite structural, important and interesting aspects of that history, with jurisdictional, and procedural differences between a leaning toward the federal judiciary, whose the federal and state courts, district judges inevitably Indianapolis courthouse marks its centennial this year. brought with them perspectives gained from growing The history of the federal judiciary in Indiana is older up, living, and working as Hoosiers. than the state itself. At the birth of our nation, justice In this issue you will read about Ex parte Milligan, the in the territory northwest of the Ohio River was admin most famous federal case in Indiana history, one that istered by a territorial court of three federal judges. is receiving renewed attention in today’s antiterrorism In 1800 most of the land west of the present state of climate. A portrait is sketched of Walter Q. Gresham, Ohio was separated into what was called the Indiana whose term as district judge began in 1869, followed Territory, the first use of that name. The new Indiana by appointment to the United States Court of Appeals, territorial court held its first session in the territorial and whose career ultimately spanned all three branches capital of Vincennes in 1801. In 1805 the Michigan of government. A history of Hoosier women in the legal Territory was formed, followed by the Illinois Territory system, slave cases handled by the Indiana Supreme in 1809. In 1816 Indiana became a state, and three Court, and judges riding circuit are also surveyed. months later in 1817 the United States District Court for We lead off with a description of the ‘jewel in the the District of Indiana came into being. crown” of federal courthouses in Indiana: the United The federal judiciary differed from its state counter States Court House in Indianapolis. It is an exquisitely part in two fundamental beautiful and dignified edifice of which we are all proud. respects. First, by appointing The centennial anniversary of our courthouse provides judges with the concurrence the occasion for this issue of Traces. We hope that this of the executive and legisla review will prompt you to join in this historic celebration. tive branches, who served with Sarah Evans Barker is judge of the United States District lifetime tenure and an irre Court for the Southern District of Indiana. She also serves as vocable compensation, the liaison to the court’s historical society. TRACES Summer 2003 3 TRACES Summer 2003 5 Beauty and Utility “It would be difficult for us to point to a m odern building in the architecture of which there is more v ita lity. The tradition of the Renaissance seems to be alive and rejuvenescent." As the large Indiana-limestone cornerstone swung confirmation of Indiana’s and Indianapolis’s

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