The Indiana Historian A Magazine Exploring Indiana … their communities and the state of Indiana....
Transcript of The Indiana Historian A Magazine Exploring Indiana … their communities and the state of Indiana....
The Indiana Historian A Magazine Exploring Indiana History
2 The Indiana Historian © 2002 Indiana Historical Bureau
The Indiana HistorianJune 2002
ISSN 1071-3301Order Number 7053
EditorPamela J. Bennett
Lead ResearcherPaula A. Bongen
DesignerDani B. Pfaff
Contributing EditorsCarole M. Allen, Janine Beckley,
Paula Bongen, Alan Conant, Dani B. Pfaff,
The Indiana Historian provides resources and modelsfor the study of local history to encourage Indiana’scitizens of all ages to become engaged with the historyof their communities and the state of Indiana.
The Indiana Historian (formerly The Indiana Jun-ior Historian) is issued occasionally. Back issues areavailable at individual and bulk pricing.
Some back issues of this magazine are available tovisually impaired patrons in audio format, courtesy ofthe Indiana History Project of the Indiana HistoricalSociety. Tapes are available through the Talking BooksProgram of the Indiana State Library; contact the Talk-ing Books Program, 317-232-3702.
The Indiana Historian is copyrighted. Educatorsmay reproduce items for class use, but no part of thepublication may be reproduced in any way for profitwithout written permission of the Indiana HistoricalBureau. 140 North Senate Avenue, Indianapolis, IN46204; 317-232-2535.
E-MAIL [email protected] www.IN.gov/history
Focus
Cover: When the convention adjournedFebruary 10, 1851, the original handwrittenconstitution was given to the Secretary ofState (Barnhart and Carmony, Century, 15).The photograph on page 1 shows the leathercover of one of two handwritten versions ofthe 1851 Constitution located at the IndianaState Archives. Both the 1851 IndianaConstitution and the 1816 IndianaConstitution are displayed in the rotunda ofthe State House annually during regularsessions of the Indiana General Assembly.
A conference celebrating the 150thanniversary of Indiana’s Constitutionwas held in November 2001. Speakersat this sesquicentennial celebrationnoted the renewed interest of theIndiana Supreme Court and Court ofAppeals in the Constitution. Onespeaker emphasized that the Constitu-tion needs “to be in the hearts andminds of every citizen.” He noted thatthe aspirations of the people are in theConstitution and that “every generationmoves to achieve those aspirations.” Headmonished the audience to “spread theconversation.”
This issue of The Indiana Historian,we hope, will help to fulfill that call. Itprovides only a brief introduction to anextensive topic, worthy of furtherinvestigation.
The articles on pages 3 and 4explore why and how the voting citizensof Indiana finally called for amendmentof the Constitution of 1816.
“The setting of the convention” isthe focus on page 5; the organization ofthe convention is covered on page 6.
An overview of “delegates to theconvention” is presented on page 7 inwords of one of the members.
On pages 8-9, an excerpt from acontemporary satirical sketch of theconvention is presented.
On pages 10-11, the issues of theconvention and how the Constitution of1851 has fared over time are brieflydiscussed.
A chart on pages 12-14 summarizesthe content of the 1851 Constitutionand major changes from the 1816Constitution.
On page 15, there is the usual list ofbibliography and resources.
Readers are encouraged to accessthe Historical Bureau Web site<www.IN.gov/history> for extensiveresources related to the 1851 Constitu-tion and convention.
• Invite a local attorney or judge tospeak about the Indiana Constitutionand its importance to citizens today.• Invite your legislators to speak abouthow the Indiana Constitution governstheir actions in the Indiana General As-sembly.• Investigate the Bill of Rights con-tained in Article I of the Constitution.Compare the rights it provides to Indi-ana citizens to the rights provided bythe U.S. Constitution.• Use available printed and Internetresources:
• examine in more detail thechanges made from the 1816 Consti-tution to the 1851 Constitution. Whywere changes made or not made in1851? Both original Constitutions areon the Historical Bureau Web site<www.IN.gov/history>.• examine in more detail thechanges made to the 1851 Constitu-tion in the last 150 years. See<www.IN.gov/legislative/ic/code/
You be the historianconst>. How do some changes reflectchanges in society? Why have otherchanges been made?• examine in more detail the con-vention delegates from your area;check your local historical society orpublic library for resources. A search-able database of delegates is on theHistor ical Bureau Web site<www.IN.gov/history>.
• Organize a convention and write aconstitution for your classroom orschool.• Using the printed Debates and Jour-nals from the 1850-1851 convention, cre-ate a reenactment of discussions of is-sues that remain of interest today. Per-haps have a person of the twenty-firstcentury debate a delegate of the nine-teenth century.• Using materials from the IndianaClose Up program, consider and debatecontemporary issues related to the In-diana Constitution.
© 2002 Indiana Historical Bureau The Indiana Historian 3
Calling for a new state constitutionArticle VIII, Indiana Constitution of 1816
Sect. 1. Every twelfth year, after this constitution shall have taken effect,at the general election held for Governor there shall be a poll opened, inwhich the qualified Electors of the State shall express, by vote, whetherthey are in favour of calling a convention, or not, and if there should bea majority of all the votes given at such an election, in favour of aconvention, the Governor shall inform the next General Assembly thereof,whose duty it shall be to provide, by law, for the election of the membersto the convention, the number thereof, and the time and place of theirmeeting; which law shall not be passed unless agreed to by a majority ofall the members elected to both branches of the General assembly, andwhich convention, when met, shall have it in their power to revise,amend, or change the constitution. But, as the holding any part of thehuman Creation in slavery, or involuntary servitude, can only originatein usurpation and tyranny, no alteration of this constitution shall evertake place so as to introduce slavery or involuntary servitude in thisState, otherwise than for the punishment of crimes, whereof the partyshall have been duly convicted.Source: Kettleborough, 1:111-12
Indiana’s 1816 Constitution specified inArticle VIII that every twelfth year atthe general election for governor, a pollshould be taken to determine if electorsfavored calling a constitutional conven-tion. Although there was much debate,this provision was interpreted to meanthat the General Assembly could call fora convention at any time.
There were many attempts to call fora convention. The question of calling aconstitutional convention, however,actually was submitted to voters onlyfive times.
In 1823, the question of calling aconvention was widely discussed in thepopular newspapers of the day. Theissues included:
• substituting biennial or triennialsessions for the annual sessions of theIndiana General Assembly;• authorizing the Governor to call specialor emergency sessions of the GeneralAssembly;• the impeachment of local officials bycircuit courts rather than the StateSenate;• giving authority to grant divorce tocircuit courts rather than GeneralAssembly; and• reorganizing the Indiana SupremeCourt.
As the chart on this page indicates,voters did not vote in favor of a newstate constitution until 1846. Theconvention was not called, however,since the closeness of the vote indicatedthat a true public mandate did not yetexist. In addition, there were questionsabout the validity of the vote, whichwas small compared to the total votesin the election.
The change in popular opinionreflected in the 1846 vote has beencredited to several factors:
• the state’s financial disaster as a resultof the Internal Improvement Act of 1836;• increasing support for biennial sessionsof the General Assembly and for strictlimitations on passage of local and speciallegislation by that body;
• a desire to end the monopoly of theSecond State Bank; and• the growing popularity of Jacksoniandemocracy which emphasized individualrights, popular election, restrictions onlegislative bodies, and private enterprise.
Popular interest and demand for aconstitutional convention continued togrow. When the Indiana GeneralAssembly of 1848-1849 assembled,Governor James Whitcomb recom-mended calling a constitutional conven-tion to address several importantissues:
• uncontrolled growth of local andspecial legislation that the GeneralAssembly was forced to deal with;• biennial rather than annual sessions ofthe General Assembly; and• prohibition of public debt.
The General Assembly respondedwith appropriate legislation calling foranother constitutional referendum.Governor Paris C. Dunning signed theact on January 15, 1849. On August 6,1849, voters favored the referendum byan indisputable majority.
On December 4, 1849, Governor
Year population in favor opposed
Dunning addressed the General Assem-bly and called for legislation to imple-ment the people’s will.Sources: Carmony, Pioneer Era, 405;Kettleborough, 1:xxxv, xlii, li, lxiii-lxxii,lxxiii, lxxv-lxxvii, 111.
State population and votes in referenda to call for
a constitutional convention
1810 24,5201820 147,1781823 2,601 11,9911828 10,092 18,6331830 343,0311840 685,866 12,666 62,7141846 32,468 27,1231849 81,500 57,4181850 988,416Sources: Kettleborough, 1:lii, lvii, lxi, lxvi,lxxvi; Madison, Indiana Way, 325-26
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Calling the conventionOn January 18, 1850, the IndianaGeneral Assembly approved an act,which outlined the process for callingfor a constitutional convention. The actcontained seventeen sections; the majorpoints are summarized below.
Election to be held first Monday inAugust next [August 6, 1850, the day ofthe general election]
•Number of delegates equals number ofmembers of General Assembly•Voters (white males, at least 21 years old,living in Indiana for one year) eligible to beelected delegate
Tally of votes• Election of delegates shall be held thesame as for General Assembly• Board of county canvassers in eachcounty counts votes and declares winners• Clerk of circuit court makes certificate ofelection for each delegate; Sheriff deliversthem to elected delegates• Clerk mails certified list of names ofdelegates to Secretary of State
Delegates shall report to Indianapolison first Monday in October [7th]
• Same day, delegates elect a president andall officers needed• Secretary of State receives credentials ofdelegates• Immediately after General Assemblyadjourns, State Librarian gets Hall ofHouse of Representatives ready for conven-tion
Delegates shall be duly sworn to upholdthe Constitution of the U.S.
• Delegates have same rights and privilegesas General Assembly and are allowed to usebooks in State Library• Members get $3.00 a day while actuallyattending convention• Members get same compensation fortravel as members of General Assembly• Stenographer shall be appointed byGovernor to report debates
Secretary of State shall provide conven-tion all papers, statistics, records andpublic documents, etc. requested byconvention
• Stationery shall be provided conventionsame as for General Assembly• President and Secretary of conventiongive draft of amended Constitution toSecretary of State• Secretary of State enters Constitution infiles, records in his office, and deliverscertified copy to Governor, who takes toGeneral Assembly; General Assembly passesall laws necessary to submit it to voters forapproval or rejection, and to organizegovernment if ratified.
3,000 copies of this act with appendix,(calling for a convention) shall beprinted
• Secretary of State mails not less than 20and no more than 30 copies to each countyclerk• Sheriff of county delivers one or morecopies to each inspector of elections• Sheriff gives notice of election same aselection of General Assembly
On January 19, 1850, the IndianaGeneral Assembly passed an appropria-tions bill allowing $40,000 to defray thecosts of the convention.
Sources: Kettleborough, 1:lxxvii-lxxix, 202-7,209.
Paris Chipman Dunning was electedlieutenant governor in 1846 and becamegovernor in December 1848 when GovernorJames Whitcomb was elected to the U.S.Senate. On December 4, 1849, Dunningaddressed the Indiana General Assemblycalling for legislation to determine theprocess for calling a constitutionalconvention. (Barnhart and Carmony,Indiana, 1:406; Kettleborough, 1:lxxvii)
Shown above is part of a tally paper listing the results of voting for delegates to theconstitutional convention. This particular election took place somewhere in Warren County.James R. M. Bryant was elected as the representative delegate from Warren County andRobert C. Kendall was elected as the senatorial delegate representing Warren, Benton, White,and Jasper counties. (Kettleborough, 2:639-41; Walsh, 749, 750)
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The setting of the conventionIndianapolis in the Mid-1800s
When the delegates came to Indianapo-lis in October 1850, they saw a city ofcontradictions. It was small, surroundedby forests with primitive roads andstreets, and yet it was a bustlingcommunity with businesses, hotels,churches, and schools. The people wereactive socially and politically.
W. R. Holloway provides a descrip-tion of the city in the late 1840s:“Stumps and mud-holes were ugly disfigure-ments of the streets . . . . Side-walks werenot common off Washington Street, andelsewhere were merely strips of gravel withdepths of mud on either hand. Large spacesof open ground, or common, could be seenin all directions covered by ‘dog-fennel’ ofluxuriant growth . . . . In any proper sensewe had no streets. They were merelyopenings which might be used or not, as theweather made them impassable mud orinsufferable dust. The town was gathered ina loose way, in the center of the donation,huddled pretty closely together for four orfive streets, divided by Market Street, andsprangling off in clumps of settlement atother points, while much of the ‘donation’outside of the original plat was pretty good
hunting ground for quails and squirrels.”(William R. Holloway, Indianapolis: AHistorical and Statistical Sketch [Indianapo-lis, 1870], 85)
Growing up in 1850s Indianapolis
John H. Holliday was a child in India-napolis during the 1850s. He laterwrote this description:
“Let it be understood that I write as anartist must paint—as I saw it. It was a greatplace to be born in and a good place to livein. . . . Its people were homogeneous,holding and striving for high standards andexhibiting the best traits engendered in asimple democracy. . . . The community wassmall . . . . Almost every one owned theirown houses with more or less ground inwhich there was usually a garden and fruittrees that contributed to the family living,assisted often by the ownership of a cow, apig and chickens . . . . It was a working
Newspaperadvertisements from
State Sentinel,October 31, 1850 and
November 14, 1850.
community and the work was often hardand long. Stores were opened by 6 o’clockgenerally, sometimes before . . . . Factoriesand mechanics began work at seven andquit at six . . . . Doctors, lawyers and publicofficials were at work early and the banksran from eight to four . . . . The town waslarge enough to have advantages over smallones or villages, but not large enough toforbid contact with the country and rurallife. There were plenty of good swimmingholes . . . in Fall Creek and Pogue’s Run. . . . The town was surrounded by woodsthat afforded plenty of opportunities forhunting rabbits, squirrels and birds . . . . Inthe winter there was ice on the streams andas few streets were improved there weremany ponds all over the town where theboys could slide and skate.”(Jacob P. Dunn, Greater Indianapolis, 2 vols.[Chicago, 1910], 1:196-200)
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Organizing the conventionAt 10:00 a.m., October 7, 1850, electeddelegates of the constitutional conven-tion met in the Hall of the House ofRepresentatives in the State Capitol inIndianapolis. Charles H. Test, IndianaSecretary of State, called the conven-tion to order.
After the delegates swore an oath touphold the U.S. Constitution andperform their duties to the best of theirabilities, Secretary Test announced theconvention ready to proceed to thebusiness of organization.
George W. Carr, Lawrence County,was elected president, and William H.English, Scott County (not an electeddelegate to the convention), was electedprincipal secretary of the convention.Three assistant secretaries were alsoelected by delegates; doorkeepers andsergeants-at-arms were appointed.
A committee was appointed to findlarger, more convenient quarters for theconvention.
Some discussion occurred concerningthe employment of a stenographer torecord the debates of the convention.Milton Gregg, Jefferson County,expressed his belief that the entirepopulation of the state would agreewith him that␣ “the employment of aStonographer [sic] here is as a uselessexpenditure of money and the publica-tion of the debates of the Convention inan embodied form, as the consumma-tion of human folly.” Robert Dale Owen,Posey County, replied: “I know of noState in which a Convention hasrecently been held, which has notprovided for the reporting of theirdebates; and I doubt very muchwhether any publication will be readwith more interest by the people of theState than the reports of our debates.It cannot be denied that they will beeminently useful, as a commentary onthe Constitution which we are about toform.”
It was decided to record the debates.Later that same day, the conventiondirected the State Librarian to procurecopies of the debates or journals of theconstitutional conventions of New York,Kentucky, and Wisconsin.
By October 14, a plan had beenadopted creating twenty-two standingcommittees to consider and draftsections of the new Constitution, andmembers had been assigned. Also onthat day, rules of order for the govern-ment of the convention proceedingswere approved.
The real business of the conventionbegan in earnest.
Sources: Journal of Convention, 3-4, 21-25,52-58; Report of Debates, 1:30, 31-32, 41, 59-62.
This State Capitol, located on the site of the present capitol building, was completed in 1835. Delegates tothe constitutional convention met in the Hall of the House of Representatives in this building from October 7until December 25, 1850. The opening of the session of the General Assembly forced the convention to moveto the Masonic Hall. (Report of Debates, 2:1226, 1311, 1312; Indiana’s State House [Indianapolis, 2000],6; Kettleborough, 1:lxxxix)
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The delegates to the convention[Schuyler Colfax, South Bend, anelected delegate to the convention, wasa newspaper editor; his columns aboutthe convention appeared frequently inhis paper. A original copy of thebroadside referred to in this excerptfrom one of his columns is in theIndiana State Library.
Excerpt fromSt. Joseph’s Valley RegisterOctober 24, 1850
Indianapolis, Oct. 18, 1850The list of members of the Conven-
tion, with their ages occupation, placeof nativity, &c., has been printed andappeared in the Hall yesterday. Some ofits statistics may be considered worthreading, and I have therefore made aschedule of the principal points for thereaders of the Register.
Kentucky is the birth place of moreof the Delegates than any other State,and Virginia comes next. Nearly onethird of the members were born inthese two States.—The list standsKentucky 23, Virginia 20, Pennsylvania19, New York 16, Ohio 16, Indiana 12,North Carolina 10, Tennessee 7,Maryland 7, Massachusetts 4, SouthCarolina 4 . . . Ireland 3 . . . Scotland 3. . . Connecticut 2 . . . N. Hampshire 1. . . Vermont 1 . . . Delaware 1 . . . NewJersey 1 . . . . This shows that 72Delegates were born in the Free States,72 in the Slave States, and 6 in foreignlands.
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 ofcounty 1 . . . recorder 1 . . . bricklayer1 . . . miller 1 . . . banker 1 . . . .
The Delegates who have been longestin the State are Mooney of Jackson,
who has lived in Indiana 44 years, andis 46 years old, Newman of Wayne, aresident 43 years, and is 45 years old,and G. W. Carr, the President, who wasborn in the State and is 43 years old. . . . The Delegate who has lived theshortest time in the State is Col. Taylorof Michigan City, who has resided inIndiana but 4 years. . . .
The married Delegates number 137, thesingle ones 10, 3 not stated on list. . . .
As regards age, 12 are under 30. . . .From 30 to 40 years of age, there are42 Delegates; from 40 to 50, 57 Del-egates; from 50 to 60, 24 Delegates,and over 60 the following [6] . . . .
The convention, yesterday by a largevote, elected Austin H. Brown, thepublisher of the Sentinel, as theirprinter. . . . S. C. [Schuyler Colfax]
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Cholera epidemics sweptthrough Indiana and muchof the rest of the U.S. in1832, 1833, 1834, 1849,and 1854.
The morning afterdelegate James VanBenthuysen’s death, theconvention assembled, andMr. Richey rose and madethe announcement. Thecommittee formed to makearrangements recom-mended “that the memberswill testify their respect forthe memory of thedeceased by wearing theusual badge of mourningfor thirty days.” (Report ofDebates, 1:491-93; PublicHealth in Indiana,Indiana Historical SocietyPublications, Vol. 7, No. 6[1923], 276-77, 284, 290)
8 The Indiana Historian © 2002 Indiana Historical Bureau
A satirical sketch of the convention[This brief excerpt from The Locomotive, anIndianapolis periodical, was written byBerry R. Sulgrove (1828-1890) under thepseudonym Timothy Tugmutton. Thedescription of the convention activities issatirical. It is designed to make the readerslaugh by poking fun at people and actionsregardless of the serious purposes of theconvention. The complete article is on theHistorical Bureau Web site.
Sulgrove was an Indianapolis lawyer whowrote often for newspapers. He headed theeditorial department of the IndianapolisJournal 1855-1863. During the Civil War, hewas private secretary to Governor Oliver P.Morton.
Source: R.E. Banta, comp., Indiana Authorsand their Books, 1816-1916 (Crawfordsville,1949), 309.
The Locomotive, February 1, 8, 1851
[February 1, 1851]………………………………………………………………………………………………………
An occasional attendant during thesession has heard some good speeches,learned something of the intellectual
resources of the state, and the position,talents, and influence of many of themembers; but as the knowledge musthave been purchased at the expense ofenduring very many very bad speeches,many uninteresting proceedings, andthe calling of innumerable lists of ayesand noes . . . . The first time the visitorwill learn who the most prominent menare, and how they look . . . .
Then, reader, let us go down to theMasonic Hall . . . . As it approaches 9o’clock, we see the members singly, andin squads of from three to a dozen,going too—some talking very confiden-tially, with their heads so close togetherthat their cigars knock the ashes offeach other—others talking quite loud,especially if they think they are sayinganything smart . . . .
. . . After some jostling we getinside without material damage, andmay now look around a little. . . .
The Convention is not called to orderyet, and the members are standingabout in knots talking, or sitting aroundthe stoves smoking. In that group alittle down from the door, towards thepresident’s stand, you notice a tall man,with a blue cloak, gold spectacles, eyesthat look as though they might havebeen blue once but had faded to nocolor in particular, and a very largemouth . . . that is Prof. Read, ofBloomington, a good speaker, and oneof the best scholars in the State. . . .
But the President is hammering fororder, and being now a little less noisythan before, one of our clergymenopens the session with prayer. . . .
Listen to the preacher, he is prayingthe Almighty to induce the people toadopt the constitution the Conventionmay give them—an odd sort of apetition, but offered up probably underthe apprehension that nothing short of
The Masonic Hall was completed in the spring of 1850 and became the venue for public entertainment inIndianapolis. Timothy Tugmutton described this hall: “The chandeliers, you observe, these three big dark greenthings, 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 soclean, arranged with aisles between, for the convenience of approach, and whittled and inked all over likeschool-boys desks, are the member’s seats, and stands—where the members write if they happen to be takenindustrious. . . . 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)
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a special interposition of Providencewill effect that result. Prayers over, theClerk begins reading the journal ofyesterday, but as nobody listens to it,we will take a look among the memberswhile he is at it.
You see that short, fat man walkingup the aisle towards us, with spectacles,a cane in his hand, and his hair frizzledup all around a bald place on the top ofhis head, that looks like a miniatureprairie surrounded by bushes, with aslight limp in one leg, and a strongsquint in one eye, dressed in black, anda very keen sagacious looking man at aclose view,—that is John Pettit . . . anearnest, energetic speaker. As he passesalong he nods to a man sitting next tothe aisle, with a light blue overcoat on,and dark blue breeches—his hairsprinkled with gray, and gray whiskers;his chin retreating as though it wereafraid of the thick lips that protrudeabove it—gray eyes that appear to havebeen scared half out of his head, andforgot to go back, and a nose . . . of anorder of architecture that might bedenominated the “shovel plough!” Hishair is combed very smoothly down infront, and badly tangled up behind. Butover all this rough casting, there is amild, benevolent expression, that halfredeems the plainness of the featureson which it rests, and Nature, tocompensate for her carelessness incarving his face, has given him an
intellect worth a regiment of prettyfaces—that is Robert Dale Owen, by allodds, the ugliest man in the Conven-tion. In speaking, Mr. Owen is con-stantly in motion, turning to all partsof the house, and jumping about in amanner very incompatible with themaintenance of any great degree ofdignity,—strongly reminding one of ajaybird.………………………………………………………………………………………………………
You will notice that quite a numberof the members appear to be veryyoung, a thing we would be unlikely toexpect in such a body. But some ofthem are talented, influential men,while others are no better than boysgenerally of the same age. That pale,stoop shouldered young man, with verylittle beard . . . is Mr. Colfax, one ofthe former class. . . . But as they arebeginning to call the ayes and noes, inwhich, by the way, one fourth of thetime is consumed, and it is very dullwork, we will leave . . . .
[February 8, 1851]………………………………………………………………………………………………………
When we came away we left theSecretary calling the ayes and noes . . ..
We take a seat at the back end ofthe Hall, among the apple boys . . . .………………………………………………………………………………………………………
. . . you see a rather small manrising to the right of the President . . .
that is Mr. Badger, who has madehimself somewhat famous by hisdetermined uncompromising hostility to“women’s rights” . . . .
That . . . is Mr. Cole of Noblesville,an excellent man, of clear, good sense,and sound judgment, remarkable fornot having made a single speech in theConvention— a rather unaccountableeccentricity, that if imitated by aboutone hundred and forty other members,would increase the popularity andefficiency of that body materially.
You have heard of Judge Borden, ofcourse,—well, now, you will hear him-self. He is standing to the left of thePresident . . . . He is saying now, thathe don’t expect to address the Conven-tion again during the session, whereat,the members rejoice uproariously, andcry “consent” . . . .
That tall, slim young man walkingbackwards and forwards across thehouse, with a large head of hair, and alook of discomfort, like he had got intothe Convention by mistake, and didn’tknow how to get out; and felt like a liveeel in a sand wagon, rather out of hiselement, is Mr. Hovey, a man of nogreat force, rather combative, and fondof Roman history . . . .………………………………………………………………………………………………………
We won’t have a chance to go again . . .but we have gone twice, which we tookfor granted the limit of visitation—andthe Convention will adjourn (“mirabiledictu”) before we can go again . . . .
John PettitRobert Dale OwenSchuyler Colfax
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The Indiana Constitution of 1851 wasformed from the various sections of the1816 Constitution, provisions of consti-tutions of other states (especiallyIllinois and Wisconsin), resolutionssubmitted by members on their own orat the request of constituents (a total of333 resolutions were offered), andrecommendations of committee mem-bers and other delegates.
The constitutional convention metfor the last time at 6:00 a.m., Monday,February 10, 1851. The completedConstitution was read. President Carrgave his farewell address. The conven-tion ordered 50,000 copies of the newConstitution printed in English and5,000 printed in German. Seventy-ninemembers of the convention werepresent. The convention had been insession for 127 days at a cost of$88,280.
Some of the Issues“There was never any question that
the Convention would provide forbiennial sessions of the legislatureinstead of annual sessions, or that itwould do away with legislative divorces,elections and impeachments, or that itwould abolish local legislation andassociate judges, or several other thingsthat had been complained of for years.
Delegates took little time to agreethat more state officials should beelected by the voters rather thanappointed by the General Assembly.State support for free public elemen-tary education passed with little debate.The state was prohibited from contract-ing any public debt except to meetcasual deficits in revenue, pay intereston state debt, repel invasion, suppressinsurrection, or provide for publicdefense.
A much longer and more complexdebate developed about banking inIndiana. Delegates eventually compro-mised by giving the General Assembly
the discretion to do whatever it pleased—establish free banking, or a state bankwith branches, or both of the former, ornone of the above.
Property rights for womenAnother issue that consumed much
time and elicited emotional opinionswas that of giving married women theright to their own personal property.Robert Dale Owen, chairman of theStanding Committee on the Rights andPrivileges of Inhabitants of the Stateintroduced a section to secure suchrights to Indiana married women.
The issue of women’s property rightscame before the convention fourdifferent times. Three times a provisionwas adopted and later recalled andeliminated. Owen’s efforts did set the
stage for legislative action in 1853.
Negroes and MulattoesA full range of Hoosier attitudes
towards Negroes and Mulattoes alsoprompted lengthy, heated debates abouttheir immigration to Indiana.
No delegates favored full equality forNegroes and Mulattoes, and Article XIIIof the new Constitution (prohibitingtheir immigration to Indiana) wasapproved by the convention by a vote of93 to 40. The convention also agreedthat Article XIII should be voted onseparate from the rest of the Constitu-tion.
Approval of ConstitutionA few days before adjournment, the
Convention set November 1, 1851 asthe effective date for the new Constitu-
The new Constitution
Property rights for women
“No subject of greater importance than that to which they refer has comeup, since we met here. No subject of greater importance will engage ourattention, till we close our labors and go hence, As in estimation next tothe right of enjoying life and liberty, our Constitution enumerates theright of acquiring, possessing, protecting property. And these sectionsrefer to the latter right, heretofore declared to be natural, inherent,inalienable, yet virtually withheld from one-half the citizens of our State.”Source: Robert Dale Owen, Report of Debates, 1:462
“If we establish the principle that the pecuniary interest of women isseparate and distinct from that of men, we should establish also theirright of representation, and their right of suffrage: it would be but just,that their separate interest should be represented. Let us look but for amoment at this position. When it concerns the election of a LegislativeAssembly, we give the right of voting only to those who have the confidenceof the people for exercising it. The choice made by persons who have not the confidence of the peoplewould weaken their confidence in the Legislative Assembly. The necessary degree of political knowledge cannot be presumed toexist in women, who, by their domestic duties, are led away from theconsideration of the affairs of the State and the affairs of the nation. The natural employment of women in all ages and in all stages ofcivilization, is of that peaceful, affectionate, and domestic character—that necessarily limits their knowledge in matters of civil government.”Source: W. R. Haddon, Report of Debates, 1:469
© 2002 Indiana Historical Bureau The Indiana Historian 11
tion, if adopted by the voters.On August 4, 1851, voters over-
whelmingly approved the new Constitu-tion—113,230 in favor and 27,638against. Voters were even more approv-ing of Article XIII prohibiting Negroesand Mulattoes from immigrating toIndiana—113,828 in favor and 21,873against.
The test of timeCitizens began compaigning for
changes to the Constitution almostimmediately following its adoption.Voting issues and common schools werethe most pressing concerns in the1850s. In the general election ofOctober 11, 1859, a proposal calling fora new constitutional convention wasdefeated overwhelmingly.
The first amendment to the Constitu-tion ratified by voters and adopted in1873, prohibited the General Assemblyfrom assuming any liability connectedwith the Wabash and Erie Canal. In1881, a group of amendments wasadopted which among other thingsstruck out the clauses banning blackresidence and voting, bringing Indianainto conformity with the U.S. Constitu-tion.
Frustrated with the complex amend-ment process for the Constitution,Governor Thomas Marshall, in 1911,persuaded the Indiana General Assem-bly to adopt and submit to the peoplean entirely new constitution. However,in July 1912, a Marion County CircuitCourt judge granted an injunctionpreventing the referendum. The IndianaSupreme Court upheld the lower court’sdecision, and Governor Marshallwithdrew the proposal.
In 1913, the Indiana General Assem-bly adopted twenty-two amendmentsnamed after sponsor Senator EvanStotsenburg of New Albany whichcopied much of the Marshall constitu-tion. At its next session, however, theGeneral Assembly failed to pass theStotsenburg amendments. In 1914,voters defeated a call for a constitu-tional convention. In a special election
The Indianapolis Indiana State Sentinel on November 28, 1850 printedthe following viewpoint “A proposition is before the Convention, now insession, to prevent their [Black and Mulatto] further emigration into thisState, and to prohibit their acquiring or holding real estate in future.This is the sentiment of our people, and we trust that some such measurewill be inserted in our Constitution, and we shall be pleased to see aseparate vote of the people for this provision. . . .”Source: as quoted in Thornbrough, 65
Schuyler Colfax provided an eloquent minority viewpoint: “The slaveStates drive the free negroes from their borders, and the free Statesdeclare they shall not come within their limits. Where shall the negro go?He has not the means to transport himself to his native land, or ratherthe land of his ancestors, whence, Mr. President, let us remember—wemust remember—he came not of his own will. The lust and avarice of thewhite man stole them from their homes, herded them in the slave facto-ries, doomed them to the horrors of the ‘middle passage,’ and landedthem on our shores to live the bondman’s life of unrequited toil. He wasdragged from his home, and now by the accidents of life a portion of therace find themselves free but ordered off the earth by constitutionalprovisions, like the one now before this Convention. Where shall thenegro go? Into the Ohio river!. . . Let us not adopt such measures as we shall hate to look back upon,from the future; such provisions as we shall burn with shame to seeinscribed on the first page of our organic law. Let us do equal and exactjustice, regardless of creed, race, or color. If we value liberty let us notstep beyond the Declaration of Independence and declare its sublimetruths a living lie.”Source: Report of Debates, 1:458
Immigration of Negroes and Mulattoes
in September 1921, voters ratified anamendment granting women the rightto vote.
A 2001 study of the Constitution of1851 provides some interesting data.From 1932 to 1968, voters approvedthirteen amendments. In 1935, theIndiana Supreme Court reversed itslong-held opinion on what constituted amajority of votes on a constitutionalreferendum, making the amendmentprocess somewhat easier.
In 1966, an amendment was adoptedallowing more than one amendment tobe considered during the amendmentprocess. In 1967, the Indiana Constitu-tional Revision Commission began acomprehensive review of the Constitu-tion resulting in several recommenda-tions. Twenty-one amendments havebeen ratified since 1970.
Today the Constitution of 1851—asamended—continues to serve as thefoundation of Indiana’s government. Itis the eighth oldest state constitution; itis one of the shortest in length (10,230words); and it is one of the leastmodified. In recent years, the IndianaSupreme Court and Court of Appealshave placed increasing emphasis on theimportance and meaning of Indiana’sConstitution for its citizens.
Sources: Barnhart and Carmony, Century,11-12; Carmony, Pioneer Era, 429-30, 436-39, 449, 450; Dunn, Indiana and Indianans,1:443, 444, 496; Kettleborough, 1:clxxv, ccii,221, 352, 410, 2:3; Madison, Indiana throughTradition, 36; McDowell, 26-29; Philips, 18,110-13, 120; Thornbrough, 67.
12 The Indiana Historian © 2002 Indiana Historical Bureau
IB
ill of
Rig
hts
Rig
hts
of c
onsc
ience
, fr
ee s
peec
h, d
ue p
roce
ss o
f la
w, tr
ial by
jur
y, b
ail,
habe
as c
orpu
s, a
ssem
bly,
rig
ht t
o be
ar a
rms,
em
igra
tion
; fr
eedo
m o
fre
ligio
n, se
para
tion
of ch
urch
and
stat
e, n
o un
reas
onab
le s
earc
h or
sei
-zu
re, co
mpe
nsa
tion
ass
esse
d an
d te
nde
red
befo
re p
rope
rty
take
n, eq
ual-
ity
of a
ll ci
tize
ns,
no
ex p
ost fa
cto
law, ru
le o
f la
w, ci
vilia
n o
ver
mili
tary
,no
slav
ery
or i
nde
ntu
re.
In 1
984,
in s
ever
al s
ection
s m
ascu
line
refe
r-en
ces
(“m
en”)
wer
e ch
ange
d to
gen
der
neu
tral
(“p
eopl
e”) an
d in
Sec
tion
37 r
efer
ence
to
“inde
ntu
re,” “
Neg
ro,” a
nd
“Mul
atto
” wer
e re
mov
ed. In
1996
, ri
ghts
of vi
ctim
s ad
ded
to r
ight
s of
acc
used
.
Sep
arat
ion o
f ch
urch
and
stat
e: t
hat
no
pers
on c
an b
e re
-je
cted
as
a w
itnes
s du
e to
his
rel
igio
us b
elie
fs; co
mpe
nsa
-tion
for
pro
pert
y th
at is
take
n s
hall
be “
firs
t as
sess
ed a
nd
tende
red”
; de
btor
sha
ll be
lef
t w
ith
a re
ason
able
am
ount of
prop
erty
; le
gisl
atur
e m
ay “
continue
, m
odify
or a
bolis
h th
eG
rand
Jury
Sys
tem
”; r
ight
of
tria
l by
jur
y fo
r al
l ci
vil an
dcr
imin
al cas
es; n
o ci
tize
n or
cla
ss o
f ci
tize
ns sha
ll be
gra
nted
spec
ial pr
ivile
ges
or im
mun
itie
s by
the
Gen
eral
Ass
embl
y.
IISu
ffra
ge
an
dEle
ctio
n
Fre
e el
ection
s, d
efin
ed v
otin
g re
quir
emen
ts -
ever
y w
hite
mal
e ci
tize
n 2
1ye
ars
and
over
and
mal
e non
citize
ns;
spe
cifica
lly p
rohi
bite
d N
egro
esan
d m
ulat
tos
from
vot
ing;
and
spec
ifie
d th
e da
y of
ele
ctio
n.
In 1
881,
elim
inat
ed r
ace
as a
vot
ing
qual
ific
atio
n a
nd
chan
ged
elec
tion
day
to fir
st T
uesd
ay a
fter
fir
st M
onda
y in
Nov
embe
r; in
192
1, e
limin
ated
gende
r as
a v
otin
g qu
alific
atio
n a
nd
disf
ranch
ised
non
citize
ns;
in 1
976,
lower
ed v
otin
g ag
e.
Fore
igner
s w
ho m
eet
cert
ain r
equi
rem
ents
can
vot
e: “
Thi
slib
eral
pro
visi
on w
ill u
ndou
bted
ly ten
d to
incr
ease
the
wea
lth
and
popu
lation
of
our
Sta
te,
by a
ttra
ctin
g em
igra
nts
to-
war
ds it”
; cer
tain
pos
tmas
ters
may
be
elec
ted
to the
legi
sla-
ture
and
in s
ome
coun
ties
, se
vera
l of
fice
s m
ay b
e he
ld b
yth
e sa
me
pers
on; “
No
one
who
giv
es o
r ac
cept
s a
chal
lenge
,or
car
ries
to
anot
her
a ch
alle
nge
, to
fig
ht a
due
l, sh
all be
elig
ible
to
any
office
of tr
ust
or p
rofit.”
III
Dis
trib
uti
on
of
Pow
ers
Pow
ers
of t
he g
over
nm
ent ar
e di
vide
d in
to thr
ee s
epar
ate
depa
rtm
ents
;th
e Leg
isla
tive
, the
Exe
cutive
, and
the
Judi
cial
- s
ame
as in 1
816
Con
sti-
tution
IVLe
gis
lati
veD
epart
men
t
Def
ines
legi
slat
ive
auth
ority,
num
ber of
mem
bers
of ea
ch b
ody,
lengt
h of
term
s, d
istr
icts
for
ele
ctio
ns,
req
uire
men
ts t
o se
rve,
bie
nnia
l se
ssio
ns,
bill
proc
edur
es; sp
ecifie
d lo
cal or
spe
cial
law
s wer
e pr
ohib
ited
. Am
end-
men
t in
188
1 re
mov
ed r
efer
ence
to
race
; 19
70 r
epla
ced
bien
nia
l se
ssio
nw
ith
annua
l se
ssio
ns;
198
4 re
mov
ed g
ende
r la
ngu
age
and
refe
rence
s to
coun
ties
as
units,
and
rem
oved
len
gth
of s
essi
ons
whi
ch a
re n
ow s
et b
yst
atut
e.
Reg
ular
ses
sion
s of
61
days
eve
ry 2
yea
rs inst
ead
of e
very
year
; “e
xpen
se o
f th
e se
ssio
ns
of o
ur G
ener
al A
ssem
bly,
incl
udin
g pr
inting
of law
s an
d jo
urnal
s, h
as a
vera
ged,
for
the
last
ten
yea
rs, up
war
ds o
f fo
rty
thou
sand
dolla
rs a
nnu-
ally
”; c
hange
s in
han
dlin
g of
leg
isla
tive
bill
s.
On F
ebru
ary
8, 1
851,
Rob
ert
Dal
e O
wen
rep
orte
d fo
r th
e se
lect
com
mitte
e an
addr
ess
“To
the
Peo
ple
of Indi
ana,
” su
mm
ariz
ing
maj
or c
hange
s in
the
pro
pose
dCon
stitut
ion, “
as m
ay a
id in
sec
urin
g its
adop
tion
.” T
he c
onve
ntion
con
curr
ed in
the
docu
men
t, w
hich
was
the
n m
ade
avai
labl
e th
roug
hout
the
sta
te. T
he a
ddre
sspo
ints
out
tha
t th
e vo
ters
of
Indi
ana
“alo
ne
can g
ive
it v
ital
ity”
by
voting
infa
vor
of t
he C
onst
itut
ion. The
add
ress
clo
ses
with
a ju
stific
atio
n for
the
len
gth
of t
he c
onve
ntion
: “t
he d
elib
erat
ions
of a
num
erou
s bo
dy n
eces
sari
ly p
roce
edsl
owly
; an
d it w
ould
hav
e be
en a
cul
pabl
e vi
olat
ion o
f du
ty,
for
the
sake
of
Th
e 1
85
1 C
on
stit
uti
on
ephe
mer
al p
opul
arity,
has
tily
, or
witho
ut the
ful
lest
and
mos
t de
liber
ate
consi
d-er
atio
n,
to p
ass
upon
gre
at q
uest
ions,
inv
olvi
ng
the
dear
est
righ
ts a
nd
mos
tvi
tal
inte
rest
s, n
ot o
f th
e pr
esen
t ge
ner
atio
n a
lone,
but
of
othe
rs t
hat
are
tosu
ccee
d.”
Info
rmat
ion a
nd
quot
atio
ns
in the
col
umn o
f th
e ch
art la
bele
d “M
ajor
chan
ges
from
181
6 Con
stitut
ion”
are
from
thi
s ad
dres
s. O
n A
ugus
t 4,
185
1, t
heel
ecto
rs a
ccep
ted
the
Con
stitut
ion b
y a
vote
of 11
3,23
0 to
27,
638.
The
Con
stitu-
tion
too
k ef
fect
on N
ovem
ber
1, 1
851.
Sou
rces
: Jo
urna
l of C
onve
ntion,
963
, 97
1,97
2; K
ettleb
orou
gh 1
:295
-368
; 2:
3, 6
17-1
8.
Art
icle
1
85
1 S
ubje
ct a
nd
late
r ch
an
ges
Majo
r ch
an
ges
fro
m 1
81
6 C
on
stit
uti
on
© 2002 Indiana Historical Bureau The Indiana Historian 13
VExec
uti
veG
over
nor
and
lieut
enan
t go
vern
or e
lect
ed f
or f
our
year
ter
ms;
ter
mre
stri
ctio
ns;
ele
ctio
n r
egul
atio
n; d
efin
ed e
ligib
ility
to
run for
off
ice;
vet
opo
wer
cha
nge
. In
197
2, a
men
ded
to a
llow
gov
ernor
to
serv
e tw
o su
cces
-si
ve ter
ms;
in 1
974,
vot
e fo
r go
vern
or a
nd
lieut
enan
t go
vern
or tog
ethe
r;in
198
4, g
ende
r la
ngu
age
chan
ged.
Term
of
gove
rnor
and
lieut
enan
t go
vern
or i
s 4
year
s to
corr
espo
nd
to b
iennia
l se
ssio
ns
of leg
isla
ture
(in
stea
d of
3ye
ars)
; te
rm r
estr
iction
s; v
eto
power
cha
nge
.
VI
Ad
min
istr
ati
veD
efin
es e
lect
ion o
f st
ate
and
coun
ty o
ffic
ials
; st
ate
and
coun
ty o
ffic
ials
resi
denc
y re
quir
emen
ts a
nd rem
oval
def
ined
. In
1984
, am
endm
ents
dea
ltw
ith
term
s an
d te
rm l
imits.
In 1
998,
am
endm
ent
man
date
d go
vern
orm
ust
resi
de a
t se
at o
f go
vern
men
t.
Sec
reta
ry o
f st
ate,
aud
itor
, an
d tr
easu
rer
elec
ted
by p
eopl
efo
r a
two-
year
ter
m w
ith
term
res
tric
tion
s; c
ounty
cle
rk,
audi
tor, a
nd
reco
rder
ser
ve f
our-ye
ar t
erm
s w
ith
term
re-
stri
ctio
ns.
VII
Jud
icia
lEst
ablis
hed
Sup
rem
e Cou
rt, Cir
cuit C
ourt
s, a
nd
infe
rior
cou
rts;
def
ined
num
ber
of jud
ges,
dis
tric
ts, ju
risd
iction
s, a
nd
proc
edur
es; G
ener
al A
s-se
mbl
y to
app
oint
3 co
mm
issi
oner
s to
unde
rtak
e le
gal
refo
rm a
nd
re-
codi
fica
tion
of
laws.
A 1
932
amen
dmen
t re
peal
ed s
ection
21
allo
win
gev
eryo
ne
of g
ood
mor
al c
hara
cter
to
prac
tice
law.
The
197
0 am
endm
ent
rest
ruct
ured
Art
icle
VII
; an
d th
e 20
00 a
men
dmen
t re
late
d to
the
typ
esof
cas
es t
he S
upre
me
Cou
rt w
ill h
ear.
Sup
rem
e Cou
rt a
nd
Cir
cuit C
ourt
jud
ges
elec
ted
by p
eopl
ein
stea
d of
app
ointe
d by
gov
ernor
with
appr
oval
of
legi
sla-
ture
; el
ecte
d ju
dges
are
inel
igib
le t
o an
y ot
her
than
a jud
i-ci
al o
ffic
e; p
rose
cuting
atto
rney
for
eac
h Ju
dici
al C
ircu
itel
ecte
d by
the
peo
ple;
vot
ers
with
good
mor
al c
hara
cter
may
pra
ctic
e la
w;
law
ref
orm
pro
visi
on “
calc
ulat
ed t
o di
-m
inis
h th
e co
st a
nd
to c
orre
ct t
he d
elay
of
law
pro
ceed
-in
gs.”
VIII
Ed
uca
tion
Pre
scri
bed
a sy
stem
of
com
mon
sch
ools
and
spec
ifie
d fu
ndi
ng
deta
ils;
vote
rs s
hall
elec
t a
stat
e su
peri
nte
nde
nt of
pub
lic inst
ruct
ion w
ith
a tw
o-ye
ar t
erm
.
Abo
litio
n o
f co
unty
sem
inar
ies,
with
thei
r fu
nds
now
goi
ng
to c
omm
on s
choo
ls;
esta
blis
hmen
t of
unifor
m s
yste
m o
ffr
ee c
omm
on s
choo
ls; su
peri
nte
nde
nt
of p
ublic
inst
ruct
ion
elec
ted
by p
eopl
e fo
r 2
year
ter
m.
IXSt
ate
In
stit
uti
on
sG
ener
al A
ssem
bly
will
pro
vide
sup
port
for
edu
cation
al i
nst
itut
ions
for
the
“Dea
f an
d D
umb,
and
of the
Blin
d; a
nd
also
, for
the
tre
atm
ent of
the
Insa
ne”
; pr
ovid
e ho
uses
of
refu
ge f
or juv
enile
offen
ders
; es
tabl
ish
asy-
lum
s fo
r pe
ople
suf
feri
ng
mis
fort
une.
The
198
4 am
endm
ent ch
ange
d th
ewor
ding
to “
deaf
and
mut
e.”
Ben
evol
ent
inst
itut
ions
are
“per
petu
ated
by
const
itut
ional
prov
isio
n”; a
nd
the
hous
es o
f re
fuge
for
cor
rect
ion a
nd
ref-
orm
atio
n o
f ju
venile
offen
ders
are
est
ablis
hed.
XPublic
Fin
an
ceEqu
al r
ate
of p
rope
rty
asse
ssm
ent an
d ta
xation
; st
ate
inco
me
shal
l pa
yth
e pr
inci
pal of
the
pub
lic d
ebt; “
No
law
sha
ll au
thor
ize
any
debt
to
beco
ntr
acte
d, o
n b
ehal
f of
the
Sta
te, ex
cept
in the
fol
low
ing
case
s: to
mee
tca
sual
def
icits
in t
he r
even
ue; to
pay
the
inte
rest
on t
he S
tate
deb
t; t
ore
pel
inva
sion
, su
ppre
ss i
nsu
rrec
tion
, or
, if h
ostilit
ies
be t
hrea
tened
,pr
ovid
e fo
r th
e pu
blic
def
ense
.” A
men
dmen
ts: 18
73 f
orba
de s
tate
fro
mas
sum
ing
liabi
lity
rela
ted
to W
abas
h an
d Eri
e Can
al; 19
32 inst
itut
ed a
nin
com
e ta
x; 1
966
conce
rned
pro
pert
y as
sess
men
t, t
axat
ion, an
d ex
cise
tax.
Leg
isla
ture
may
not
incu
r an
y de
bt (w
ith
a fe
w e
xcep
tion
s).
“Had
thi
s pr
ovis
ion, br
ief an
d si
mpl
e as
it is
, be
en inse
rted
in t
he C
onst
itut
ion o
f 18
16, it w
ould
hav
e sa
ved
the
Sta
tefr
om a
loss
of si
x m
illio
ns
of d
olla
rs. .
. . s
uch
a Con
vention
as t
hat
whi
ch h
as b
een e
nga
ged,
for
the
las
t fo
ur m
onth
s,in
fra
min
g a
const
itut
ion, w
hich
shu
ts o
ut fo
r th
e fu
ture
, all
poss
ibili
ty o
f si
mila
r fo
lly.” T
he s
tate
may
not
tak
e on
any
coun
ty o
r to
wn d
ebt.
Art
icle
1
85
1 S
ubje
ct M
ajo
r ch
an
ges
fro
m 1
81
6 C
on
stit
uti
on
14 The Indiana Historian © 2002 Indiana Historical Bureau
XII
Milit
iaD
escr
ibes
the
mili
tia—
who
can
ser
ve,
appo
intm
ents
, te
rms,
org
aniz
a-tion
, an
d co
nsc
ientiou
s ob
ject
ors.
The
193
6 am
endm
ent
rem
oved
the
raci
al d
istinct
ion a
nd
the
1974
am
endm
ent re
mov
ed t
he g
ende
r di
stin
c-tion
.
XII
IN
egro
es a
nd
Mula
ttoes
No
Neg
ro o
r m
ulat
to i
s al
lowed
to
sett
le i
n I
ndi
ana
or b
e pa
rty
to a
contr
act; e
mig
ration
sho
uld
be e
nco
urag
ed. [F
eder
al C
ivil
Rig
hts
Act
of
Apr
il 9,
186
6 co
nfe
rred
citiz
ensh
ip o
n N
egro
es. The
Civ
il W
ar a
men
d-m
ents
to
the
U.S
. Con
stitut
ion (
13,
14,
15)
esse
ntial
ly n
ullif
ied
this
articl
e.]
In 1
881,
Art
icle
XII
I w
as a
men
ded
to a
ddre
ss p
olitic
al a
nd
mun
icip
alco
rpor
ate
inde
bted
nes
s.
“Thi
s ar
ticl
e . .
. is
to
be sub
mitte
d se
para
tely
to
the
peop
le.”
“A m
ajor
ity
of t
he C
onve
ntion
wer
e of
opi
nio
n,
that
the
true
inte
rest
s al
ike
of the
whi
te c
itiz
ens
of thi
s Sta
te a
nd
ofits
colo
red
inha
bita
nts
, de
man
ded
the
ultim
ate
sepa
ration
of t
he r
aces
; an
d th
at, as
the
Neg
ro c
annot
obt
ain, am
ong
us, eq
ual so
cial
and
polit
ical
rig
hts,
it
is g
reat
ly t
o be
de-
sire
d th
at h
e sh
ould
fin
d a
free
hom
e in
oth
er lan
ds, w
here
publ
ic o
pinio
n im
pose
s up
on c
olor
nei
ther
soc
ial d
isab
ilities
nor
pol
itic
al d
isfr
anch
isem
ent.”
XIV
Boun
dari
esBou
nda
ries
of th
e st
ate
are
defined
.
XV
Mis
cellan
eous
Inst
ruct
ions
for
how
to
mak
e ap
poin
tmen
ts; du
ration
of
office
s; o
ffic
eho
lder
s sh
all ta
ke a
n o
ath
or a
ffir
mat
ion; th
ere
will
be
a st
ate
seal
; no
coun
ty r
educ
ed to
less
tha
n 4
00 s
quar
e m
iles;
no
lott
ery
shal
l be
aut
ho-
rize
d; s
tate
-ow
ned
lan
ds in Indi
anap
olis
sha
ll not
be
sold
or
leas
ed; G
en-
eral
Ass
embl
y sh
all e
ncl
ose
and
pres
erve
the
Tip
peca
noe
Bat
tle
Gro
und.
The
lot
tery
pro
visi
on w
as r
epea
led
in 1
988.
XV
IA
men
dm
ents
Eithe
r br
anch
of th
e G
ener
al A
ssem
bly
may
pro
pose
an a
men
dmen
t. I
fa
maj
ority
in b
oth
bran
ches
agr
ee t
o th
e am
endm
ent, it
is r
efer
red
toth
e nex
t el
ecte
d G
ener
al A
ssem
bly.
If th
ey a
gree
to
the
amen
dmen
t, the
amen
dmen
t is
sub
mitte
d to
the
ele
ctor
s of
the
sta
te. If
a m
ajor
ity
rati-
fies
the
am
endm
ent, it
beco
mes
par
t of
the
con
stitut
ion. If
mor
e th
anon
e am
endm
ent
is s
ubm
itte
d, t
hey
will
be
vote
d up
on s
epar
atel
y. N
oad
dition
al a
men
dmen
ts m
ay b
e pr
opos
ed u
ntil t
his
proc
ess
is c
ompl
eted
.Thi
s la
st p
rovi
sion
was
del
eted
in 1
966;
the
199
8 am
endm
ent si
mpl
ifie
dth
e wor
ding.
The
181
6 co
nstitu
tion
had
no
way
to
subm
it sep
arat
e am
end-
men
ts t
o th
e pe
ople
. “T
he a
dvan
tage
of
the
prov
isio
n i
s,th
at, w
itho
ut t
he e
xpen
se o
f a
Con
vention
, th
e new
Con
sti-
tution
, if fou
nd
faul
ty o
r de
fici
ent
in a
ny o
f its
part
s, m
aybe
am
ende
d an
d pe
rfec
ted.
”
Art
icle
1
85
1 S
ubje
ct M
ajo
r ch
an
ges
fro
m 1
81
6 C
on
stit
uti
on
XI
Corp
ora
tion
sReg
ulat
ed s
tate
and
othe
r ba
nks
; co
rpor
atio
ns.
Am
endm
ents
in 1
940
repe
aled
sec
tion
s w
hich
hel
d ba
nk
stoc
khol
ders
per
sonal
ly r
espo
nsi
ble
for
loss
and
that
req
uire
d ba
nks
to
ceas
e op
erat
ions
afte
r 20
yea
rs.
Leg
isla
ture
may
est
ablis
h ba
nks
with
cert
ain r
estr
iction
s.“I
n a
dditio
n to
the
abov
e re
stri
ctio
ns,
app
lyin
g sp
ecia
lly t
oba
nks
, it is
pro
vide
d, a
s to
cor
pora
tion
s ge
ner
ally
, tha
t th
eysh
all not
be
crea
ted
by s
peci
al a
ct, bu
t m
ay b
e fo
rmed
un-
der
gener
al law
s.”
Art
icle
XI, S
ection
17
of the
181
6 Con
stitut
ion
had
the
sam
ebo
unda
ries
.
© 2002 Indiana Historical Bureau The Indiana Historian 15
Bibliography
• Bartlett, Laura, comp. “Amendmentsto the Constitution of the State ofIndiana.” Indianapolis, 1967.
Typescript prepared by IndianaLegislative Council.• Barnhart, John D., and Donald F.Carmony. Indiana: From Frontier toIndustrial Commonwealth. 2 Vols. NewYork, 1954; reprinted 1979.
Extensive chapter on convention and1851 Constitution in Vol. 2.• Barnhart, John D., and Donald F.Carmony. Indiana’s Century OldConstitution. Indianapolis, 1951.
Overview of convention, and 1851Constitution.• Carmony, Donald F. Indiana, 1816-1850: The Pioneer Era. Indianapolis,1998.
Standard source for the period.• Dunn, Jacob P. Indiana andIndianans: a history of aboriginal andterritorial Indiana. Vol. 1. Chicago,1919.
Chapter on 1851 Constitution.• Journal of the Convention of thePeople of the State of Indiana toAmend the Constitution. Indianapolis,1851.• Kettleborough, Charles. ConstitutionMaking In Indiana. Vols. 1, 2. India-napolis, 1916.
Provides historical background,changes to and texts of 1816 and 1851Indiana Constitutions. Two additionalvolumes track constitutional activitythrough 1960. Volume 4 is by John A.Bremer.• McLauchlan, William P. The IndianaState Constitution: A Reference Guide.Westport, Conn., 1996.
Histories of both Indiana constitu-tions and 1851 Constitution withcommentary.• Madison, James H. Indiana throughTradition and Change: A History of theHoosier State and Its People, 1920-1945.Indianapolis, 1982.
Standard source for the period.• Madison, James H. The Indiana Way:A State History. Bloomington, 1986.
Excellent general history.
Selected ResourcesNote Regarding Resources: Items are listed on this page that enhance work with thetopic discussed. Some older items, especially, may include dated practices and ideas thatare no longer generally accepted. Resources reflecting current practices are noted wheneverpossible.
• McDowell, James L. “Indiana’sVenerable Constitution: 150 Years Oldand Counting.” Traces of Indiana andMidwestern History, Fall 2001.
Concise history of evolution ofIndiana Constitution.• Phillips, Clifton J. Indiana inTransition: The Emergence of an Indus-trial Commonwealth, 1880-1920. India-napolis, 1968.
Standard source for the period.• Report of the Debates and Proceed-ings of the Convention for the Revisionof the Constitution. 2 Vols. Indianapo-lis, 1851.• Thornbrough, Emma Lou. The Negroin Indiana before 1900: A Study of aMinority. Indianapolis, 1957.
Provides background and effect of1851 Constitution.• Walsh, Justin E. The CentennialHistory of the Indiana General Assem-bly, 1816-1978. Indianapolis, 1987.
Additional Resources• Barnhart, John D. Valley of Democ-racy: The Frontier Versus the Planta-tion in the Ohio Valley, 1775-1818.Bloomington, 1953.
General overview of how Kentucky,Tennessee, Indiana, Illinois, and Ohioobtained statehood.• Biographies of convention delegatescan be located in many county historiesavailable at the Indiana State Libraryand various local libraries.• Indiana Historical Society, WilliamHenry Smith Library.
English, William Hayden, Collection,1741-1926. Extensive primary sourceson Indiana legislators including da-guerreotype images.
Fletcher, Stephen J. “ConventionalPortraits.” A paper presented 2001 onefforts by daguerreians to portrayconvention members.
Morrison, John Irwin, Papers, 1830-1889. Brief summary of educationcommittee during convention.• Esarey, Logan. A History of Indianafrom Its Exploration to 1850. Vol. 1.Fort Wayne, 1924.
Chapter on convention.• Select Committee on the Centennial
History of the Indiana General Assem-bly. A Biographical Directory of theIndiana General Assembly. Vol. 1, 1816-1899. Indianapolis, 1980.
Biographies of many conventiondelegates.
Internet Resources• Current Indiana Constitution asamended<http://www.IN.gov/legislative/ic/code/const/>• Original 1851 Indiana Constitutionand 1816 Constitution<http://www.IN.gov/history>
Selected Student Resources
• Website—The PBS Kids DemocracyProject: How Does Government AffectME? <http://www.pbs.org/democracy/kids/mygovt/school.html>
How local, state, and federal govern-ments affect us in everyday life.• Collier, Christopher, and JamesLincoln Collier. Creating the Constitu-tion, 1787. New York, 1999.
Events and personalities involved; forintermediate readers.• Feinberg, Barbara Silberdick. LocalGovernments. New York, 1993.
For intermediate students; includesreference and index.• Feinberg, Barbara Silberdick. StateGovernments. New York, 1993.
Examines what governors, legisla-tors, judges, and other state officials doand how their powers differ from stateto state.• Fritz, Jean. Shh! We’re Writing theConstitution. New York, 1987.
Writing and ratification of the U.S.Constitution; for intermediate readers.• Johnson, Linda Carlson. Our Consti-tution. Brookfield, Conn., 1992.
History of U.S. Constitution.• Leinwand, Gerald. Do We Need aNew Constitution? New York, 1994.
Reasons for writing a constitution;for intermediate readers.
Before the convention adjourned, it ordered 50,000 copies ofthe Constitution printed in English and 5,000 copies printed
in German (Dunn, 496). The new Constitution was alsopublished in many newspapers throughout the state.
(Barnhart and Carmony, Indiana, 99)