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

12.

13.

Western Sun, May 3, 1816.

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.
19. These committees were all appointed by the President.

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, a 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 sev– eral 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

31

The Constitution which was adopted was of the standard type then in vogue in all of the older commonwealths. With one important exception, 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. delegates.

The Committee on Revision was appointed on June 21 and consisted of 5

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.

fully complied with all the requirements of the Enabling Act. On June 11, they determined that it was expedient at that time to assume Statehood; on June 27, they formally accepted the five contingent congressional propositions; on June 29, they formally adopted a Constitution which represented the labor and deliberations of a fortnight; on the same day, the President of the Convention issued an official notice authorizing the qualified voters to elect a representative to the Lower House of Congress. On August 5, the election was held and William Hendricks was chosen for that office. On November 4, the first General Assembly convened at Corydon and three days later, on November 7, Governor Jonathan Jennings was inducted into office; besides the election of State officers, the General Assembly elected James Noble and Waller Taylor as the first United States senators, on November 8,34 and on November 13 they chose three Presidential electors.35 A copy of the Constitution, accompanied by a letter of explanation, was laid before Congress on January 9, 1817.36 Three things remained to procure the full and formal admission of Indiana Territory to the Union. The first of these was the official act of admission; the second was the admission of her senators and her representative to seats in their respective Houses; and the third was the recognition of her Presidential electors. William Hendricks was admitted to the lower house on December 2; the State was formally admitted to full membership in the Union on December 11;37 James Noble and Waller Taylor were admitted to the senate on December 12; and on February 12, after a brief but animated struggle, her Presidential electors were recognized and permitted to participate in the election of President and Vice-President.38

James Lemon and Robert A. New were appointed by the Convention to attend to the printing and distribution of the Constitution and the Journals.39 Two complete copies of the Constitution were made; one copy was delivered to the President of the Convention, laid before the first General Assembly, and ordered deposited in the office of the Secretary of State.40 The Journals of the Convention were distributed as follows: Eleven copies were

34.

35.

House Journal, 1st Session, 16.
Ibid., 23.

36. Conv. Jour. 66, 68; Annals 14th Cong., 2d Session, 55.

Annals, 14th Cong., 2d Session, 1348.

37.

39. Conv. Jour. 69, and House Journal, 1st Session, 105. 40. Conv. Jour. 68, and Senate Journal, 1st Session, 20.