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


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)


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)


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


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.


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


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


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

.


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)

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