USA > Indiana > An illustrated history of the state of Indiana: being a full and authentic civil and political history of the state from its first exploration down to 1879 > Part 63
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* See consent of Virginia. p. 709.
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APPENDIX.
ART. VI. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted : Provided, always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original states, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid.
ACT OF CONGRESS.
AN ACT to provide for the government of the territory north-west of the river Ohio.
[APPROVED AUGUST 7, 1789.]
WHEREAS, In order that the ordinance of the United States in Congress assembled, for the government of the territory north west of the river Ohio, may continue to have full effect, it is requisite that certain provisions should be made, so as to adapt the same to the present constitution of the United States :
SECTION I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which, by the said ordinance, any information is to be given, or communication made, by the governor of the said territory, to the United States in Congress assembled, or to any of their officers, it shall be the duty of the said governor to give such information, and to make such communi- cation to the President of the United States; and the President shall nominate, and by and with the advice and consent of the Senate, shali appoint all officers, which, by the said ordinance, were to have been appointed by the United States in Congress assembled; and all officers, sc appointed, shall be commissioned by him; and, in all cases where the United States in Congress assembled, might, by the said ordinance, revoke any commission or remove from any office, the President is hereby declared to have the same powers of revocation and removal.
SEC. II. And be it further enacted, That in case of the death, removal, resignation, or necessary absence of the governor of the said terri- tory, the secretary thereof, shall be, and he is hereby authorized and required to execute all the powers, and perform all the duties of the governor, during the vacancy occasioned by the removal, resignation, or necessary absence of the said governor.
50
786
HISTORY OF INDIANA.
ACT OF CONGRESS.
AN ACT respecting the government of the territories of the United States north-west and south of the river Ohio.
[APPROVED MAY 8, 1792.]
SECTION I. Be it enacted, etc., That the laws of the territory north-west of the Ohio, that have been, or hereafter may be, enacted by the gov- ernor and judges thereof, shall be printed, under the direction of the secretary of state, and two hundred copies thereof, together with ten sets of the laws of the United States, shall be delivered to the said gov- ernor and judges, to be distributed among the inhabitants, for their information, and that a like number of the laws of the United States shall be delivered to the governor and judges of the territory south-west of the river Ohio.
SEC. II. That the governor and judges of the territory north-west of the river Ohio, shall be, and hereby are, authorized to repeal their laws by them made, whensoever the same may be found to be improper.
SEC. III. That the official duties of the secretaries of the said terri- tories shall be under the control of such laws as are, or may be in force in the said territories.
SEC. IV. That one of the supreme or superior judges of the said territories, in the absence of the other judges, shall be, and hereby is authorized to hold a court.
SEC. V. That the secretary of state provide proper seals for the several and respective public offices in the said territories.
SEC. VI That the limitation act, passed by the governor and judges of the said territory, the twenty-eighth day of December, one thousand seven hundred and eighty eight, be, and hereby is disapproved.
SEC .. VII. That the expenses incurred by John Cleves Symnes and George Turner, two of the judges of the said territory, in sending an express, and in purchasing a boat to go the circuit, in the year one thousand seven hundred and ninety, shall be liquidated by the officers of the treasury, and paid out of the treasury of the United States.
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APPENDIX.
ACT OF CONGRESS.
AN ACT to divide the territory of the United States north-west of the Ohio into two separate governments.
[APPROVED MAY 7, 1800.]
SECTION I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the fourth day of July next, all that part of the territory of the United States north-west of the Ohio river, which lies westward of the line beginning at the Ohio, opposite to the mouth of Kentucky river, and running thence to Fort Recovery, and thence north, until it shall intersect the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate territory, and be called the Indiana Territory.
SEC. II. And be it further enacted, That there shall be established within the said territory, a government, in all respects similar to that provided by the ordinance of Congress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the govern- ment of the territory of the United States north-west of the river Ohio; and the inhabitants thereof shall be entitled to, and enjoy, all and singular, the rights, privileges, and advantages granted and secured to the people by the said ordinance.
SEC. III. And be it further enacted, That the officers for the said terri- tory, who, by virtue of this act, shall be appointed by the President of the United States, by and with the advice and consent of the senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensations, as by the ordi- nance aforesaid, and the laws of the United States, have been provided and established for similar officers in the territory of the United States north-west of the river Ohio: And the duties and emoluments of superintendent of Indian affairs shall be united with those of gov- ernor: Provided, That the president of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein authorized ; and their commission shall continue in force until the end of the next session of Congress.
SEC. IV. And be it further enacted, That so much of the ordinance for the government of the territory of the United States north-west of the Ohio river, as relates to the organization of a General Assembly therein, and prescribes the powers thereof, shall be in force and operate in the Indiana territory, whenever satisfactory evidence shall be given to the governor thereof, that such is the wish of a majority of the freeholders, notwithstanding there may not be therein five thousand free male inhabitants of the age of twenty one years and upwards : Provided; That
788
HISTORY OF INDIANA.
until there shall be five thousand free male inhabitants of twenty-one years and upwards, in said territory, the whole number of representa- tives in the General Assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in said territory, agreeably to the number of free . males, of the age of twenty one years and upwards, which they may respectively contain.
SEC. V. And be it fu ther enacted, That nothing in this act contained shall be construed so as in any manner to affect the government now in force in the territory of the United States north-west of the Ohio river, further than to prohibit the exercise thereof within the Indiana terri- tory, from and after the aforesaid fourth day of July next : Provided, That wherever that part of the territory of the United States which lies to the eastward of a line beginning at the mouth of the Great Miami river, running thence due north to the territorial line between the United States and Canada, shall be erected into an independent state, and admitted into the union on an equal footing with the original states, thenceforth said line shall become and remain permanently the boundary line between such state and the Indiana territory; any thing in this act contained to the contrary notwithstanding.
SEC. VI. And be it further enacted, That until it shall be otherwise ordered by the legislature of the said territories, respectively, Chilicothe, on the Scioto river, shall be the seat of the government of the territory of the United States north-west of the Ohio river; and that Saint Vin- cennes, on the Wabash river, shall be the seat of government for the Indiana territory.
ACT OF CONGRESS.
AN ACT for dividing the Indiana territory into two separate governments.
[APPROVED FEBRUARY 3, 1809.]
SECTION I. Be it enacted by the Senate and Hou e of Representatives of the United States of America in Congress assembled, That from and after the first day of March next. all that part of the Indiana territory which lies west of the Wabash river, and a direct line drawn from the said Wabash river and Post Vincennes due north, to the territorial line between the United States and Canada, shall, for the purpose of temporary govern- ment, constitute a separate territory, ard be called Illinois.
SEC. II. And be it further enacted, That there shall be established within the said territory a government in all respects similar to that
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APPENDIX.
provided by the ordinance of Congress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States north-west of the river Ohio, and by an act passed on the seventh day of August, one thousand seven hundred and eighty-nine, entitled "An act to provide for the govern- ment of the territory north-west of the river Ohio," and the inhabitants thereof shall be entitled to, and enjoy all and singular, the rights, privileges, and advantages, granted and secured to the people of the territory of the United States, north-west of the river Ohio, by the said ordinance.
SEC. III. And be it further enacted, That the officers for the said terri- tory, who, by virtue of this act, shall be appointed by the president of the United States, by and with the advice and consent of the senate, shall respectively, exercise the same powers, perform the same duties, and receive for their services the same compensations, as, by the ordi- nance aforesaid, and the laws of the United States have been provided and established for similar officers in the Indiana territory. And the duties and emoluments of superintendent of Indian affairs shall be united with those of governor: Provided, That the President of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein : u horized, and their commissions shall continue in force until the end of the next session of Congress.
SEC. IV. And be it further enacted, That so much of the ordinance for the government of the territory of the United States north-west of the river Ohio, as relates to the organization of a General Assembly therein, and prescribes the powers thereof, shall be in force and operate in the Illinois territory, whenever satisfactory evidence shall be given to the governor thereof that such is the wish of a majority of the freeholders, notwithstanding there may not be therein five thousand free male inhabitants of the age of twenty-one years and upwards : Provided, That, until there shall be five thousand free male inhabitants of twenty-one years and upwards in said territory, the whole number of representatives to the General Assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in the said territory, agreeably to the number of free males of the age of twenty-one years and upwards, which they may respectively contain.
SEC. V. And be it further enacted, That nothing in this act contained, shall be construed so as, in any manner, to affect the government now in force in the Indiana territory, further than to prohibit the exercise thereof within the Illinois territory, from and after the aforesaid first day of March next.
SEC. VI. And be it further enacted, That all suits, process, and proceed- ings, which, on the first day of March next, shall be pending in the
790
HISTORY OF INDIANA.
court of any coun'y which shall be included within the said territory of Illinois, and also all suits, process, and proceedings, which, on the said first day of March next, shall be pending in the general court of the Indiana territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the territory of Illinois aforesaid, shall in all things concerning the same, be proceeded on, and judgments and decrees rendered thereon, in the same manner as if the said Indiana territory had remained undivided.
SEC. VII. And be it further enacted, That nothing in this act contained shall be so construed as to prevent the collection of taxes which may, on the first day of March next, be due to the Indiana territory on lands lying in the said territory of Illinois.
SEC. VIII. And be it further enacted, That, until it shall be otherwise ordered by the legislature of the said Illinois territory, Kaskaskia, on the Mississippi river, shall be the seat of government for the said Illi- nois territory.
ACT OF CONGRESS.
AN ACT to enable the people of the Indiana territory to form a constitution and state government, and for the admission of such state into the Union on equal footing with the original states.
[APPROVED APRIL 19, 1816.]
SECTION I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of the territory of Indiana be, and they are hereby authorized, to form for themselves a constitution and state government, and to assume such name as they shall deem proper; and the said state, when formed, shall be admitted into the Union upon the same footing with the original etates, in all respects whatever.
SEC. II. And be it further enacted, That the said state shall consist of all the territory included within the following boundaries, to-wit: Bounded on the east by the meridian line which forms the western boundary of the state of Ohio; on the south, by the river Ohio, from the mouth of the Great Miami river to the mouth of the river Wabash; on the west, by a line drawn along the middle of the Wabash, from its mouth to a point where a due north line drawn from the the town of Vincenes would last touch the north-western shore of the said river;
791
APPENDIX.
and from thence, by a due north line, until the same shall intersect an east and west line drawn through a point ten miles north of the south- ern extreme of Lake Michigan; on the north, by the said east and west line, until the same shall intersect the first-mentioned meridian line, which forms the western boundary of the state of Ohio.# Provided, that the convention hereinafter provided for, when formed, shall ratify the boundaries aforesaid ; otherwise they shall be and remain as now pre- scribed by the ordinance for the government of the territory north-west of the river Ohio: Provided, also, that the said states shall have con- current jurisdiction on the river Wabash, with the state to be formed west thereof, so far as the said river shall form a common boundary to both.
SEC. III. And be it further enacted, That all male citizens of the United States, who shall have arrived at the age of twenty-one years, and resided within the said territory at least one year previous to the day of election, and shall have paid a county or territorial tax ; and all persons having in other respects the legal qualifications to vote for representa- tives in the General Assemby of the said territory, be, and they are hereby authorized to choose representatives to form a convention, who shall be apportioned amongst the several counties within the said terri- tory, according to the apportionment made by the legislature thereof, at their last session, to-wit: From the county of Wayne, four representa- tives; from the county of Franklin, five representatives; from the county of Dearborn, three representatives; from the county of Switzer- land, one representative; from the county of Jefferson, three repre- sentatives ; from the county of Clarke, five representatives ; from the county of Harrison, five representatives; from the county of Washing- ton, five representatives; from the county of Knox, five representatives; from the county of Gibson, four representatives; from the county of Posey, one representative ; from the county of Warrick, one representa- tive; and from the county of Perry, one representative. And the election for the representatives aforesaid, shall be holden on the second Monday of May, one thousand eight hundred and sixteen, throughout the several counties in the said territory ; and shall be conducted in the same manner, and under the same penalties, as prescribed by the laws of said territory regulating elections therein for members of the house of representatives.
#Bv act March 2, 1827, the surveyor-general was required, under the direction of the president, to canse to be surveyed. marked and designated. the northern boundary line of the State of Indians, and a plat or plan thereof to be made, particularly noting the place where the said boundary line intersects or touches the margin of Lake Michigan, and to return the same when made, to Congress. 4 Stat. 236. Bv act June 27, 1834. a permanent and conspicuous landmark is to be established on the line dividing the States of Indiana and Illinois at some suitable point near Lake Michigan. Ibid. 696. And by act June 21. 183%, it is provided that the boundary line surveyed, marked and designated agreeably to the act March 2. 1827, shall be deemed and taken as the east and west line mentioned in the constitution of the State of Indiana. drawn through a point ten miles north of the southern extreme of Lake Michigan, aud shall be and forever remain the northern boundary of said etate. 5 Stat. 57.
792
HISTORY OF INDIANA.
SEC. IV. And be it further enacted, That the members of the conven- tion, thus duly elected, be, and they are hereby authorized to meet at the seat of government of the said territory on the second Monday of June next; which convention when met, shall first determine, by a majority of the whole number elected, whether it be or be not expedi- ent, at that time, to form a constitution and state government for the people within the said territory ; and if it be determined to be expedi- ent, the convention shall be, and hereby are, authorized to form a constitution and state government; or if it be deemed more expedient, the said convention shall provide by ordinance for electing representa- tives to form a constitution or frame of government, which said repre- sentatives shall be chosen in such manner, and in such proportion, and shall meet at such time and place, as shall be prescribed by the said ordinance; and shall then form, for the people of said territory, a constitution and state government : Provided, That the same, whenever · formed, shall be republican, and not repugnant to those articles of the ordinance of the thirteenth of July, one thousand seven hundred and eighty·seven, which are declared to be irrevocable between the original states and the people and states of the territory north-west of the river Ohio; excepting so much of said articles as relates to the boundaries of the states therein to be formed.
SEC. V. And be it further enacted, That until the next general census shall be taken, the said state shall be entitled to one representative in the house of representatives of the United States.
SEC. VI. And be it further enacted. That the following propositions be, and the same are hereby offered to the convention of the said territory of Indiana, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States :
First. That the section numbered sixteen, in every township, and when such section has been sold, granted or disposed of, other lands, equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township for the use of schools .*
Second. That all salt springs within the said territory, and the land reserved for the use of the same, together with such other lands as may, by the President of the United States, be deemed necessary and proper for working the said salt springs, not exceeding in the whole, the quantity contained in thirty-six entire sections, shall be granted to the said state, for the use of the people of the said state, the same to be
* The title to these lands has never been considered as vested in the state ; and it has no inherent power to sell them or appropriate them to any other purpose than for the benefit of schools. Trustees of Vincennes University V. Indiana, 14 How. 274. See act June 23, 1836, authorizing the selection of a quantity ot land for the use of schools within the reserved township in Monroe county, equivalent in value and in lieu of the 16th section in said township, which was granted by Congress to the State of Indiana for the use and benefit of a state college. 6 Stat. 641. And see a similar act passed Angnst 11, 1842, for the relief of the inhabitants of the reserved township in Gibson county. Ibid. 851. Also the act May 24, 1823, to authorize the legislature of the State of Indiana to sell the lands heretofore appro- priated for the use of schools in that state. 4 Stat. 298.
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APPENDIX.
used under such terms, conditions, and regulations as the legislature of the said state shall direct: Provided, The said legislature shall never sell nor lease the same, for a longer period than ten years at any one time.
Third. That five per cent. of the net proceeds of the lands lying within the said territory, and which shall be sold by Congress from and after the first day of December next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three fifthis shall be applied to those objects within the said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state under the direction of Congress. li
Fourth. That one entire township, which shall be designated by the President of the United States, in addition to the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appro- priated solely to the use of such seminary by the said legislature. t
Fifth. That four sections of land be, and the same are hereby granted to the said state, for the purpose of fixing their seat of government thereon, which four sections shall, under the direction of the legislature of said state, be located at any time in such township and range as the legislature aforesaid may select, on such lands as may hereafter be acquired by the United States, from the Indian tribes within said terri- tory:# Provided, That such locations shall be made prior to the public sale of the lands of the United States, surrounding such location: And provided always, that the five foregoing propositions herein offered, are on the conditions, that the convention of the said state shall provide by an ordinance irrevocable, without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of December next, shall be and remain exempt from any tax, laid by order or under any authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years, from and after the day of sale.
[ See act April 11, 1818, to provide for paying to the State of Indiana three per cent. of the net proceeds arising from the sales of the public lands within the same. 3 Stat. 421. + Both these townships are clearly vested in the state. Trustees of Vincennes University v. Indiana, 14 How. 275.
I See act March 2. 1827, to grant a certain quantity of land to the State of Indiana, for the purpose of aiding said state in opening a canal to connect the waters of the Wabash river with those of Lake Erie. 4 Stat. 236. Act May 29, 1830, to vest in the State of Indiana certain laods within the limits of the canal grant. lbid. 416. Act February 27, 1841, to confirm to the State of Indiana the lands selected by her for that portion of the Wabash and Erie Canal which lies between the mouth of the Tippecanoe river and Terre Haute. 5 Stat. 414. And the act in adddition thereto, passed May 9, 1848. 9 Stat. 219. And act Angust 29 1842, to authorize the States of Indiana and Illinois to select certain quantities of land, in lieu of like quantities heretofore granted to the said states for the construction of the Wabash and Erie, and the Illinois and Michigan Canals. 5 Stat. 542. By act May 24, 1828, the State of Indiana was authorized to relinquish to the State of Ohio so much of the lands granted to aid the said state in op ning the Wabash and Erie Canal, as lies within the limits of the State of Ohio. 4 Stat. 306. And on this subject, see acts March 2, 1833, Ibid. 662 ; June 30, 1834. Ibid. 716; August 31. 1852. 10 Stat. 143; and March 2, 1855, lbid. 634. See also act June 28, 1834, to authorize the correction of erroneous selections of land granted to the State of Indiana, for the purpose of constructing the Michigan road. 4 Stat. 702.
794
HISTORY OF INDIANA.
ORDINANCE.
Be it ordained by the representatives of the territory of Indiana, in convention met at Corydon, on Monday the tenth day of June, in the year of our Lord, eighteen hundred and sixteen, That we do, for ourselves and our posterity, agree, determine, declare, and ordain, that we will, and do hereby, accept the propositions of the Congress of the United States, as made and con- tained in their act of the nineteenth day of April, eighteen hundred and sixteen, entitled, "An act to enable the people of the Indiana terri- tory to form a state government and constitution, and for the admission of such state into the Union, on an equal footing with the original states."
And we do further, for ourselves and our posterity, hereby ratify, confirm, and establish, the boundaries of the said State of Indiana, as fixed, prescribed, laid down, and established, in the act of Congress aforesaid; and we do also, further, for ourselves and our posterity, hereby agree, determine, declare, and ordain, that each and every tract of land sold by the United States, lying within the said state, and which shall be sold from and after the first day of December next, shall be and remain exempt from any tax laid by order, or under any authority of the said State of Indiana, or by or under the authority of the General Assembly thereof, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land; and we do, moreover, for ourselves, and our posterity, hereby declare and ordain, that this ordinance, and every part thereof, shall forever be and remain irrevocable and inviolate, without the consent or the United States, in Congress assembled, first had and obtained for the alteration thereof or any part thereof.
JONATHAN JENNINGS, President of the Convention.
Attest : WILLIAM HENDRICKS, Secretary. June 29, 1816.
795
APPENDIX.
GRAND HOTEL, INDIANAPOLIS.
THOMAS J. CASON .*
He is a resident of Lebanon, and was born in Union County, Indiana, September 13, 1828. He was raised on a farm, educated at common schools and at home. When seventeen years of age he commenced teaching school and reading law. The latter he studied with Gov. Henry S. Lane and Judge Samuel C. Wilson, of Crawfordsville. He was licensed to practice in Mareh, 1850, and was admitted to the bar of the Supreme Court in May, 1852, and has continued to practice law in Lebanon, except when on the bench. He was a member of the House of Representatives of the Legislature of Indiana in 1SG1, 1862, 1863 and 1864, and of the State Senate in 1864, 1865, 1866 and 1867. He was appointed by Governor Baker Common Pleas Judge in April, 1867, and served until October, when he was elected to the same office for a term of four years. He was elected a representative to the Forty-third and Fort-fourth Congresses.
*Congressional Directory.
796
HISTORY OF INDIANA.
-...
VANCE BLOCK, INDIANAPOLIS.
A. P. EDGERTON .- He is widely known as one of the leading citi- zens of Fort Wayne.
O. BIRD -He is a worthy citizen of Fort Wayne and has served in the State Senate.
CHAUNCEY ROSE .- He was one of the oldest citizens of Terre Haute, and was distinguished for his en- ergy and enterprise. He will be
remembered as the founder of the Industrial School of that city, and as one of the wealthiest men of the State. Deceased.
J. L. WILLIAMS .- He is one of the oldest pioneers of Fort Wayne now living. He has served a long life of great usefulness and is re- spected by hosts of warm, devoted friends.
797
APPENDIX.
W. R . McKEEN, Pres't.
E. F. CLAYPOOL, Sec'y and Treas.
HORACE SCOTT, Vice-Pres't. M. A. DOWNING, Gen'l Manager.
UNION STOCK YARDS, INDIANAPOLIS.
The Stock Yards are located on the west side of White river, about two miles from the central portion of the city. The company have purchased over one hundred acres of land, and erected thereon every necessary building for the transac- tion of their business. The pens are all under cover and occupy ten acres of ground, having a capacity for 4,000 head of cattle and 30,000 hogs.
An ample supply of pure water. Complete drainage and cleanliness. Fairbanks scales used. First-class hotel in the yards. Street railway and omnibus lines ply between the yards and city. Opened November 12, 1877.
798
HISTORY OF INDIANA.
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