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 <www.IN.gov/history> for extensive State (Barnhart and Carmony, Century, 15). The photograph on page 1 shows the leather of Indiana finally called for amendment resources related to the 1851 Constitu- cover of one of two handwritten versions of of the Constitution of 1816. tion and convention. the 1851 Constitution located at the Indiana State Archives. Both the 1851 Indiana Constitution and the 1816 Indiana Constitution are displayed in the rotunda of You be the historian the State House annually during regular • Invite a local attorney or judge to const>. How do some changes reflect sessions of the Indiana General Assembly. speak about the Indiana Constitution changes in society? Why have other 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- <www.IN.gov/history>. Carole M. Allen, Janine Beckley, Paula Bongen, Alan Conant, Dani B. Pfaff, ana citizens to the rights provided by • Organize a convention and write a The Indiana Historian provides resources and models the U.S. Constitution. constitution for your classroom or for the study of local history to encourage Indiana’s • Use available printed and Internet school. citizens of all ages to become engaged with the history of their communities and the state of Indiana. resources: • Using the printed Debates and Jour- The Indiana Historian (formerly The Indiana Jun- • examine in more detail the nals from the 1850-1851 convention, cre- ior Historian) is issued occasionally. Back issues are available at individual and bulk pricing. changes made from the 1816 Consti- ate a reenactment of discussions of is- Some back issues of this magazine are available to visually impaired patrons in audio format, courtesy of tution to the 1851 Constitution. Why sues that remain of interest today. Per- the Indiana History Project of the Indiana Historical were changes made or not made in haps have a person of the twenty-first Society. Tapes are available through the Talking Books Program of the Indiana State Library; contact the Talk- 1851? Both original Constitutions are century debate a delegate of the nine- ing Books Program, 317-232-3702. on the Historical Bureau Web site teenth century. The Indiana Historian is copyrighted. Educators may reproduce items for class use, but no part of the <www.IN.gov/history>. • Using materials from the Indiana publication may be reproduced in any way for profit • examine in more detail the Close Up program, consider and debate without written permission of the Indiana Historical Bureau. 140 North Senate Avenue, Indianapolis, IN changes made to the 1851 Constitu- contemporary issues related to the In- 46204; 317-232-2535. tion in the last 150 years. See diana Constitution. E-MAIL [email protected] INTERNET www.IN.gov/history <www.IN.gov/legislative/ic/code/ 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.