USA > Indiana > Centennial history and handbook of Indiana : the story of the state from its beginning to the close of the civil war, and a general survey of progress to the present time > Part 11
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Notwithstanding Governor Harrison's views as to the importance of military training, and the aim at efficiency implied by the long law cited and others that were passed, the people did not run to military zeal. During the war with Eng- land, indeed, the spur of necessity developed the military spirit, but prior to that crisis, the status of the militia fell far below the governor's ap- proval, and after the period of actual danger passed the whole system dwindled in effectiveness until it became a laughing-stock.
* Harrison's letter to Governor Scott, of Kentucky.
CHAPTER VI
THE NEW STATE
General Conditions in 1815 .- When, on the 14th of December, 1815, the Territorial Legisla- ture laid before Congress a memorial praying that the way be opened for its admission into the Union of States, it had a population of 63,897, distributed over thirteen counties. There were arguments for and against statehood, the ques- tion of an increased tax upon the citizens being an offset to the advantages of independent self- government, and the memorial was not a direct request for admission but for a convention of delegates from the several counties, to be elected by order of Congress, such convention to deter- mine "whether it will be expedient or inexpedient to go into a State government," and be em- powered to form "a Constitution and frame of government" if deemed expedient.
The Enabling Act .- The result of this re- quest was an act of Congress, known as the "En- abling Act." As no existing history of Indiana includes, to our knowledge, the text of this im- portant and formative instrument, we here pre- sent it in full :
"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 1. Be it enacted by the Senate and House of Representatives of the United States of American Congress assembled, That the inhabitants of the Terri- tory of Indiana be, and they are hereby authorized, to form for themselves a Constitution and State govern- ment, and to assume such name as they shall deem proper ; and the said State when formed shall be ad- mitted into the Union upon the same footing with the original States, in all respects whatsoever.
"Sec. 2. 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 town of Vin- cennes would last touch the northwestern shore of the said river ; 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 southern extreme of Lake Michigan; on the north, by the said east and west line, until the same shall intersect the first men- tioned 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 re- main as now prescribed by the ordinance for the govern-
ment of the territory northwest of the river Ohio, pro- vided, also, that the said States shall have concurrent 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. 3. 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 quali- fications to vote for representatives in the General As- sembly of the said Territory, be, and they are hereby authorized to choose representatives to form a conven- tion, who shall be apportioned amongst the several counties within the said Territory, according to the ap- portionment made by the Legislature thereof, at their last session, to-wit: From the county of Wayne, four representatives ; from the county of Franklin, five rep- resentatives ; from the county of Dearborn, three rep- resentatives; from the county of Switzerland, one representative ; from the county of Jefferson, three rep- resentatives ; from the county of Clark, five representa- tives ; from the county of Harrison, five representatives ; from the county of Washington, 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 representative, 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 the members of the House of Representatives.
"Sec. 4. And be it further enacted, That the mem- bers of the convention. thus duly elected. be, and they are hereby authorized to meet at the seat of the govern- ment of the said Territory, on the second Monday of June next ; which convention, when met, shall first de- termine, by a majority of the whole number elected. whether it be or be not expedient at that time to form a Constitution and State government for the people within the said Territory: and if it be deemed more expedient. the said convention shall provide by ordi- nance for electing representatives to form a Constitui- tion or frame of government, which said representatives shall be chosen in such manner, and in such proportion. and shall meet at such time and place, as shall be pre- scribed 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 of the States of the territory northwest of the river Ohio; excepting so much of said articles as relates to the boundaries of the States therein to be formed.
"Sec. 5. 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 Rep- resentatives of the United States.
"Sec. 6. And be it further enacted, That the follow- ing propositions be, and the same are hereby offered to
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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 inhabi- tants of such township for the use of schools.
"Second. That all salt springs within the said Ter- ritory, 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 sec- tions, shall be granted to the said State, for the use of the people of the said State, the same to be used under such terms, conditions and regulations as the Legisla- ture of the State shall direct: Provided, The said Legislature shall never sell or 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-fifths 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.
"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 pur- pose, shall be reserved for the use of a seminary of learning and vested in the Legislature of the said State, to be appropriated solely to the use of such seminary by the said Legislature.
"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 sec- tions 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 Territory: Pro- vided, That such location shall be made prior to the public sale of the lands of the United States, surround- ing such location : And, provided always, That the five foregoing propositions herein offered are on the condi- tions, 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 De- cember 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."
Analysis .- A comparison between the En- abling Act and the Ordinance of 1787 is not with- out interest, as both instruments establish certain relations between the State and the Nation. The Ordinance determines for all time the general form of government, the civil rights of citizens and an educational policy, and it defines certain boundaries for States that may be carved out of the Northwest Territory. The Enabling Act fixes the boundaries of the proposed State, mod-
ifying in two instances the definition as set forth in the Ordinance. The latter made the west boundary the Wabash river from the Ohio to Vincennes and a straight north and south line beginning at Vincennes. As by this the mean- ders of the river northward from Vincennes were west of the line, a long, irregular tract, broadest in Sullivan and Vigo counties was thrown into Illinois. The modification was that this line, in- stead of extending to Vincennes, begins at the river at a point in Vigo county where it finally leaves the line, thus making the stream the bound- ary from that point to the Ohio.
On the north the Ordinance had designated the southern extremity of Lake Michigan as the lat- itude for the dividing east and west line should a State to the north be erected. The later act fixed this dividing line ten miles farther north. The reason for this, doubtless, was for the pur- pose of giving this State the opportunity of lake ports.
The good will of the ordinance, which stipu- lated that "schools and the means of education shall forever be encouraged," was substantially and generously backed by the act which donated outright one-thirty-sixth of all the land in the Territory for the general use of schools, besides one entire township for a seminary of higher learning. It also donated all the salt springs with certain adjacent lands, and four sections for a site for the capital. Finally, it donated five per cent. of the proceeds from the sale of all lands, to be applied to the building of roads and canals. On the whole, it looks like a pretty liberal dower, and the chief return exacted was that the lands sold by the government should be tax-free for five years.
Ordinance of Acceptance .- The convention authorized by this act decided that the contem- plated statehood was "expedient," and under date of June 29, 1816, it submitted to Congress the following ordinance of acceptance :
"Be it ordained by the Representatives of the people of the Territory of Indiana, in convention met at Cory- don, on Monday, the tenth day of June, in the year of our Lord cighteen hundred and sixteen, That we do, for ourselves and our posterity, agree, determine, declare and ordain that we will, and do hereby, accept the prop- ositions of the Congress of the United States, as made and contained in their act of the nineteenth day of April, eighteen hundred and sixteen, entitled, 'An act to enable the people of the Indiana Territory to form a State government and Constitution, and for the admis-
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sion 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 re- main 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 whatsoever, 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 de- clare and ordain that this ordinance, and every part thereof, shall forever be and remain irrevocable and in- violate, without the consent of 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."
The State was formally admitted to the Union December 11, 1816, though the State government actually began with the qualifying of the State officers on November 7.
Federal Acts Relating to Indiana .- The Fed- eral acts relating to the territory now including Indiana, up to the Enabling Act, which concerns Indiana alone, were, the Ordinance of 1787: two supplementary acts respecting the government, passed in 1789 and 1792; an act to divide the territory in 1800, and another for further divi- sion in 1809; and, finally, the Enabling Act. The Ordinance of 1787 was the great formative in- strument of the whole territory, out of which five States were made. The acts of 1789 and 1792 are of minor historical importance. The acts of division have a historical bearing of interest to one who wishes to trace the preliminary stages through which we have passed. The Enabling Act is distinctive as revealing the attitude and policy of the nation toward statehood. The full text of these and of Virginia's acts relative to the cession of the territory to the United States may be found in the "Legislative and State Man- ual for 1899-1900." For some reason, probably oversight, the legislative memorial asking for the Enabling Act is not included in this volume, but it may be found in large part in Dillon. p. 554. These references are given because inore acces- sible than the Federal and State documents.
THE CONSTITUTIONAL CONVENTION
Members of the Convention .- The spectack in history of a group of mien entrusted to create an instrument that is to give shape and direction throughout the future to a sovereign State, is an interesting one. For the purpose of framing a constitution (if deemed desirable ) Indiana elected forty-three delegates from the thirteen counties that were stretched across the southern part of the State from Knox to Wayne. These delegates represented a mixed population of about 64.000, hailing from a number of States east and south. Like the population, the dele-
Seal of the State. (See page 193.)
gates were also of mixed character. At least a few of them were men of education and notable ability ; of the major part of them we know but little today. and some, we know, were unedu- cated. but men of sturdy intelligence and good sense. The most trustworthy characterization of them that we have is by John B. Dillon, who. when he wrote, was more than a half century nearer to that generation. He says :
"The convention that formed the first consti tution of the State of Indiana was composed. mainly, of clear-minded, unpretending men of common sense, whose patriotism was unquestion- able and whose morals were fair. Their famil iarity with the theories of the Declaration of
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American Independence, their territorial experi- ence under the provisions of the Ordinance of 1787, and their knowledge of the principles of the Constitution of the United States were suffi- cient, when combined, to lighten materially their labors in the great work of forming a constitu- tion for a new State."*
A list of these men and the representation of the various counties may here be given :
Wayne county, four members-Jeremiah Cox, Patrick Baird, Joseph Holman and Hugh Cull.
Franklin county, five members-William H. Eads, James Brownlee, Enoch McCarty, Robert Hanna, jr., and James Noble.
Dearborn county, three members-James Dill, Solomon Manwaring and Ezra Ferris.
Switzerland county, one member - William Cotton.
Jefferson county, three members-David H. Maxwell, Samuel Smock and Nathaniel Hunt.
Clark county, five members-Jonathan Jen - nings, James Scott, Thomas Carr, John K. Gar- ham and James Lemon.
Harrison county, five members-Dennis Pen- nington. Davis Floyd. Daniel C. Lane, John Boone and Patrick Shields.
Washington county, five members-John De- Pauw, Samuel Milroy, Robert McIntire, William Lowe and William Graham.
Knox county, five members-John Johnson, John Badollet, William Polke, Benjamin Parke and John Benefiel.
Gibson county, four members-David Robb, James Smith, Alexander Devin and Frederick Rapp.
Warrick county, one member-Daniel Grass. Perry county, one member-Charles Polke.
Posey county, one member-Dann Lynn.t
Jonathan Jennings, delegate from Clark county, was chosen president of the convention, and William Hendricks, of Jefferson county, not a delegate, was made secretary.
Distribution of Population .- This representa- tion indicates the distribution of population in the State. In round figures this was as follows : Knox, 8,068; Franklin, 7,370; Washington, 7,317: Clark, 7,150; Harrison, 6,975; Wayne, 6,407 ; Gibson, 5,330; Dearborn, 4,424 : Jefferson, 4,270; Switzerland, 1,832; Perry, 1,720; Gibson, 1,619; Warrick, 1,415; total 63,895 (official
returns in 1815). This brought Corydon, the capital, near the center of population, but a little to the west. there being, not counting Harrison county itself, 25,469 to the westward and 31,451 eastward.
Elements of the Constitution .- The e'ements that were to enter into the constitution are in- dicated by the various questions that were re- ferred to a dozen or more special committees, these questions being relative to
1. A bill of rights.
2. The distribution of the powers of govern- ment.
3. The legislative department of the govern- ment.
4. The executive department.
5. The judicial department.
6. Impeachments.
7. General provisions.
8. Revision of Constitution.
9. Change of government from territorial to State, preservation of laws already existing, court questions, etc.
10. Education.
11. Militia.
12. Elective franchise and elections.
To this list of committees appointed by Pres- ident Jennings at the beginning of the convention, was added, later, one on prisons and another on general revisions.
Glancing over the completed constitution, cer- tain features may be noticed. The bill of rights is but a re-statement of principles that are the sacred inheritance of all Americans and which appear in numerous instruments. The "rights" as they are set forth in the Ordinance of 1787 here reappeared in an amplified form. Liberty of conscience and freedom from all religious domination ; the right of trial by jury ; the rights of the individual to security of person and prop- erty against "unreasonable searches and seiz- ures"; freedom of the press and free communi- cation of thoughts and opinions ; the right to full and fair hearing in the courts; the right to "as- semble together in a peaceable manner" and to be heard of the governing powers when griev- ances exist are the chief guards against encroach- ments on the free status of the citizen.
The separation of the government into three distinct departments, the legislative, the execu- tive and the judicial : the division of the legisla-
" Dillon, p. 559. ? Ib., p. 556.
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tive authority into two branches, a Senate and a House of Representatives; a Governor, with a wide range of powers, a Lieutenant-Governor. and a Secretary, Treasurer and Auditor of State as the chief executive officers ; the division of the judiciary into Supreme, Circuit and inferior courts-in brief the general framework of gov- ernment-was in conformity with an established system.
A provision that became a dead letter in the days of this constitution, although it was also inserted in the one of 1851, was compulsory mi- litia service by all free, able-bodied white citizens between the ages of eighteen and forty-five years, barring certain exempts.
The franchise, which in the territorial period had been restricted to freeholders, was extended to "every white male citizen of the United States, of the age of twenty-one years and upwards, who has resided in the State one year."
In the educational provision it was enjoined upon the General Assembly "to provide by law for the improvement of such lands as are or hereafter may be granted by the United States to this State for the use of schools, and to apply any funds which may be raised from such lands or from any other quarter to the accomplishment of the grand object for which they are or may be intended." Also, "the General Assembly shall. from time to time, pass such laws as shall be cal- culated to encourage intellectual, scientifical and agricultural improvement by allowing rewards and immunities for the promotion and improve- ment of arts, sciences, commerce, manufactures and natural history, and to countenance and en- courage the principles of humanity, honesty, in- dustry and morality." That the framers of the instrument were progressive and far-sighted in this direction is especially shown by this section : "It shall be the duty of the General Assembly, as soon as circumstances will permit, to provide by law for a general system of education, as- cending in regular gradation from township schools to a state university, wherein tuition shall be gratis and equally open to all." Provision was also made for public county libraries, the funds for the same to be derived from the sales of town lots in county seats, not less than ten per cent. to be reserved from such sales.
A notable departure from certain drastic crim- inal laws that had previously existed was a pro-
vision for a penal code "founded on the princi- ples of reformation and not of vindictive justice." and another step in the direction of humaneness was the provision for poor farms as asylums where the unfortunate might "find employment and every reasonable comfort, and lose by their usefulness the degrading sense of dependence." The question of slavery was set finally at rest by the declaration that "there shall be neither slav- ery nor involuntary servitude in this State, other- wise than for the punishment of crimes, whereof the party shall have been duly convicted." Fi- nally, the possible inadequacy of this constitution to the future needs of the State was clearly rec- ognized and it provided that every twelfth year thereafter the question of a new constitutional convention should be submitted to the people.
All in all, the constitution of 1816 was an ad- mirable starting point for a State that was headed in the direction of civil and humanitarian progress and much credit is due to the intelli- gence and enlightenment of the men who laid this foundation, particularly in the moral provi- sions.
BEGINNING OF STATE GOVERNMENT
First Election; The Machinery Set in Mo- tion .- On the first Monday in August, 1816. the time being set by the constitution, a general election was held and Jonathan Jennings, per- haps the most conspicuous man in the State at that time, was chosen governor over Thomas Posey, his only competitor. Jennings had been the territorial delegate to Congress and Posey was the last territorial governor. Christopher Harrison was made lieutenant-governor and William Hendricks was elected congressman. Harrison was one of the picturesque characters of our history who, prior to his advent into po- litical life, had dwelt in hermit solitude in his cabin on the hills of the Ohio, near where Han- over stands. William Hendricks, afterward gov- ernor, is regarded as one of the ablest men of early Indiana.
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