torial Governor," a Federalistic practice which was wholly incompatible with the vigorous self-assurance of Jeffersonian Democracy; (3) The uncomfortable and distasteful political restraints imposed by an autocratic system upon an electorate which had been quickened by the impulses of effervescent Democracy; (4) Evidences of undoubted corruption and favoritism in the administration of the agencies of local government; (5) A wide-spread feeling that the political inconsequence of the Territory led to a studied neglect of its interests, particularly in affording inadequate security and protection against the incursions of the Indians; (6) The shifting of political control from the "Virginia Aristocrats," inspired by the "Vincennes Junto," to the anti-slavery "Parvenues" of the southeastern portions of the Territory; (7) The alleged ambition of certain Territorial politicians to distinguish themselves in public life. The chief argument advanced in opposition to the assumption of Statehood was the expense and the increased taxation.10 Although Jonathan Jennings, the Territorial delegate in Congress, assured his constituents that "the times fixed for the election and meeting of the Convention, are as well suited to every interest and circumstance as I was enabled to select when every consideration was duly weighed,'' the provisions of the Enabling Act fixing the date of the election of delegates on May 13, and the assembling of the Convention on June 10, 7. By virtue of the Ordinance of 1787, the Territorial Governor appointed all subordinate officers, both civil and military. According to the provisions of the Compiled Laws of 1807, the officers appointed by the Governor included: The General Court, the Court of Chancery, the Auditor and Treasurer; one sheriff, one coroner, one surveyor, one recorder, one clerk, and three Judges of the Court of Common Pleas in each county; one or more constables and two overseers of the poor in each township; one or more pilots at the falls of the Ohio; and numerous Justices of the Peace, Notaries Public and Militia Officers. 8. The Slavery controversy has been fully emphasized by other writers. A Circular Address to the Citizens of Indiana by Moses Wiley opposed even a partial admission of slavery. (Western Sun, February 3, 1816.) "A Citizen of Gibson" advanced the well-known theory that the diffusion of slaves would ameliorate their condition (Ibid.. March 2, 1816.) "Another Citizen of Gibson" was opposed to the introduction of slavery. (Ibid., March 30, 1816; 9. There was a wide-spread conviction that Jonathan Jennings, the delegate in Congress, was promoting the scheme of a State government in the hope that he might be elected its first Governor. "A Settler" accused Jennings of playing a cunning and astute game to offer himself as a candidate for Governor; his triends, in fact, had already declared that Jennings was a candidate, and that fact accounted for his "crooked and sinister maneuvering" at Washington. (Western Sun, February 10 and 24, 1816.) See, also, "A Farmer of Knox County", (Ibid., April 20, 1816.) 10. "A Republican" in Western Sun Extra of June 1, 1816, "Farmers and Patriot Rights", Ibid., February 10, 1816. "A Farmer of Knox County", Ibid., April 20, 1816. 11. Open Letter to his constituents, Western Sun, May 11, 1816. were vigorously and perhaps justly denounced as a gross imposition." The Act was first printed in the Western Sun of May 3rd and thus only 11 days intervened between the reception of the measure and the date on which delegates were selected. As the Territory was extensive, the population scattered and there was no method except individual rumor by which voters could be apprised of the approaching election, the voters would come to the polls unprepared. Moreover, the persons who were selected as delegates would have less than a month in which "to collect the sense of the Territory" and fit themselves to conform with it.12 The election of delegates was held on May 13. The Constitutional Convention of 1816 assembled at Corydon, in Harrison county, on Monday, June 10,13 and adjourned on Saturday, June 29, 1816.14 The Convention was composed of 43 delegates elected from the 13 counties into which the State was at that time divided.15 The organization of the Convention was quickly effected. The required oath was administered to all of the delegates present,16 and they immediately took, their seats and proceeded to the election of officers. Jonathan Jennings was elected President, William Hendricks, Secretary," and Henry Batman, Doorkeeper. The immediate duties of the Convention were assigned to a Committee on Contested Elections, a Committee on Ways and Means,18 and a Committee on Printing.19 There were two rather unimportant election contests, one in Gibson and one in Posey county. The contested seat of Posey county was claimed by Dan Lynn and Peter Wilkinson, and, 'on recommendation of the committee, Lynn was seated. The contest in Gibson 13. The time and place of meeting were both prescribed in the Enabling Act. 14. The Convention was actually in session 18 days; June 16 and June 23 fell on Sunday. There was a forenoon and an afternoon session on every day except the afternoon of Saturday, June 15. The Convention convened at 9 o'clock, a. m., from June 10 to 17, inclusive; thereafter, at 8 o'clock except Monday, June 24, when the Convention assembled at 9 o'clock. The afternoon sessions began at 2 and 3 o'clock. 15. See Appendix XIV. 16. There were 41 delegates present at the opening session; John Boone of Harrison county appeared later the same day and Benjamin Parke of Knox was not present until June 14. 17. Jennings and Hendricks were elected by ballot; Batman was "appointed.” On June 12, it was found necessary to employ two assistant secretaries, and Robert A. New and James M. Tunstall were elected by ballot. Three days later, on June 15, three additional assistant secretaries were elected by ballot; these were John F. Ross, George Spencer and Richard M. Heth. Their services were found necessary to expedite the business of the Convention. At the same time, Henry Bougher was appointed assistant doorkeeper. 18. It is not clear what the duties of this committee were. county involved the legality of the votes given in the Harmony Society, but because of the indefiniteness of the charges no positive action was taken.20 The rules and regulations for the Government of the Convention were reported and adopted on June 11.21 The contract for printing was awarded to Mann Butler, the editor of the Louisville Correspondent.22 The Convention was now fully organized and ready to proceed to the discharge of the duties which had been assigned to it by the Enabling Act. The first duty which the Convention was required to discharge was to determine by a majority vote of the 43 delegates whether it was more expedient to form a Constitution and State Government at that time, or to defer the adoption of a Constitution and the assumption of Statehood to some future time. If the Convention determined that it was more expedient to postpone the assumption of Statehood until some future time, they were then required to provide by ordinance for the election of delegates to the proposed future Convention, and to fix the time and place of meeting. If they determined that it was more expedient to form a State Government at that time, they were authorized to proceed forthwith to frame and adopt a Constitution. The third duty was to ratify the boundaries prescribed in the Enabling Act, or to accept, in default of such ratification, the boundaries prescribed by the Ordinance of 1787. The fourth duty was to adopt or reject a series of five propositions, submitted by Congress, all of which were contingent on the condition that all federal lands sold within the State during the ensuing period of five years should be exempt from taxation. In consideration of the acceptance of the proposed tax exemption, the federal government. obligated itself to extend to the new State the following concessions: (1) The grant of Section No. 16 or its equivalent in 20. The credentials or certificates of election were in possession of the Secretary of the Territory when the Convention assembled; they were given to the President and by him laid before the Convention and referred to the Committee on Contested Elections. 21. Prior to the adoption of these rules, the rules for conducting business in the territorial legislature, as far as applicable, were observed. (See Document No. 44.) 22. The contract awarded to Butler included the printing of the Journals and the Rules at 75 cents per thousand m's and 75 cents a token for any quantity of printing distinct from setting the type above 5 quires and not to exceed 10 quires. The paper was a separate charge of $6 a ream, å price which Butler had paid for $250 worth. In other words, the work would cost $21 a sheet for every 500 copies, a sheet to make 16 pages of octavo printing. The printer further agreed to deliver 16 pages every 2 weeks if the copy was furnished to him in time, and he thought possibly he could deliver them every week. These appear to be the common fair terms for similar work all over the State. every township for the use of common schools; (2) The use of all salt springs; (3) 5% of the net proceeds of the sale of all lands. within the State for the construction of roads and canals; (4) One entire township for the use of a seminary of learning; (5) Four sections of land for the location of the seat of government. On the first question which the Convention was called upon to determine, Mr. Ferris submitted a resolution on June 10, the first day of the Convention, declaring it to be "expedient, at this time, to proceed to form a Constitution and State Government." On motion of Mr. Johnson, the consideration of the resolution was postponed until June 11, and on that day the question was taken up for consideration in the Committee of the Whole. The entire afternoon was spent in the consideration of the question, and at the end of the discussion the question was put and was adopted by a vote of 34-8.23 Having determined to proceed to the formation and adoption of a Constitution and the organization of a State Government, the Convention, on June 12th, provided for the appointment of 12 committees, each to prepare a draft of an article of the new Constitution. These committees were appointed by the President and were as follows: Bill of rights and preamble; distribution of the powers of Government; the legislative department; the executive department; the judicial department; impeachments;24 general provisions; mode of revising the Constitution; change of government; preservation of existing laws and appeals from the territorial to the State courts; education; militia; and elections. On June 19, the Convention further provided for the appointment of a Committee on Banks and Banking.25 As soon as the constitutional committees had been appointed, the Convention adjourned. On the following day, June 13, four of the committees reported the articles which had been assigned to them,26 and other articles were reported from time to time as rapidly as they were completed. The procedure fol 23. The entire membership of the Convention was recorded in the vote on this question except Parke of Knox county who did not appear until June 14. The 8 members who voted against the resolution were Johnson and Polke of Knox, half the delegation; Robb and Rapp of Gibson, half the delegation; Hunt, Maxwell and Smock of Jefferson, the entire delegation; and Boone of Harrison. 25. On June 13 a committee on prisons was appointed, but the committee was discharged the following day. Six committees were composed of 5 members each, 2 of 6, and one of 8, 9, 7, and 11 each. ment. 26. Distribution of powers, mode of revision, elections, and legislative depart lowed in the consideration, amendment and adoption of the several articles was similar to the procedure in the territorial legislature, except that each article when completed was submitted to a Committee on Revision for final adjustment.27 The duty of enrolling the Constitution was entrusted to a Committee of Enrollments of three delegates.28 By an ordinance formally adopted on June 29, the Convention accepted the five contingent congressional propositions and ratified the boundaries of the new commonwealth as prescribed in the Enabling Act.29 To insure a favorable selection of the grants made by Congress, the Convention, on June 19, appointed three of its members a committee to select the township for the location of the seminary of learning, and the lands necessary for the successful operation of the salt springs, and designate them to the Register of the Land Office at Vincennes or Jeffersonvill; and request that they be recommended to the President.30 The Constitution which was adopted was of the standard type then in vogue in all of the older commonwealths. With one important exception,31 it was taken in its entirety, both as regards substance and phraseology, from the Ohio Constitution of 1802 and the Kentucky Constitution of 1799. The Constitution was never submitted to the electors for ratification but it began to be operative on June 29, the day on which the Convention completed its labors, and when Jonathan Jennings, the President of the Convention, issued an official notice to the several county sheriffs, requiring them to hold an election on the first Monday of August, 1816, for the election of State, county and congressional officers.32 The election of Governor, Lieutenant-Governor, Representative to Congress, State senators and representatives and county sheriffs and coroners was held on August 5, 1816. The first General Assembly convened on November 4, 1816, and the first Governor took the prescribed oath and was formally inducted into office on November 7.33 The Convention which sat from June 10 to June 29 had 27. The Committee on Revision was appointed on June 21 and consisted of 5 delegates. 28. This committee was appointed on June 27. The Constitution was enrolled on parchment and was signed by the President and Secretary and each member of the Convention and deposited in the office of the Secretary of State. |