Constitution of Indiana
Among other provisions, it specifies a republican form of government (pursuant to Article IV, Section 4, of the U.S. Constitution) consisting of three branches: executive (including administration), legislative, and judicial.
In 1811 the Indiana Territory's House of Representatives adopted a memorial to the U.S. Congress asking permission for its citizens "to form a government and constitution and be admitted to the Union",[1] but the War of 1812 delayed the process until 1815.
The minority group preferred to wait until later, when the population was even larger and the state's economy and political structure was more firmly established.
The territory's pro-statehood faction preferred to elect their own state officials instead of having the federal government appoint individuals on their behalf, formulate state laws, discontinue the appointed territorial governor's absolute veto power, and allow its citizens to have greater participation in national politics, including voting powers in Congress.
Supporters of Indiana statehood (the pro-Jennings faction) favored democracy, election of state officials, and voting representation in Congress.
[20] Daniel Grass, the sole delegate from Warrick County, was excused on June 19 for the remainder of the convention due to ill health.
[28][29] The Indiana delegates organized a republican form of government and created a state constitution that outlined a basic framework for governmental functions.
Instead of providing specific details on individual issues, the constitution's broadly-defined principles enabled the state government to function as a loosely bound unit.
[30] The preamble outlined Indiana's rights to join the Union "on equal footing with the original states" in accordance with the laws of the U.S. Constitution, the Northwest Ordinance of 1787, and the Enabling Act.
Its bicameral legislature divided powers between two chambers (the state's House of Representatives and its Senate), each one composed of elected members.
The anti-slavery clause in Article VIII stated: "But, as the holding any part of the human Creation in slavery, or involuntary servitude, can only originate in usurpation and tyranny, no alteration of this constitution shall ever take place so as to introduce slavery or involuntary servitude in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.
Its central item, which was new to American constitutions, included a clause that established "As soon as circumstances will permit" a "general system of education, ascending in regular gradation, from township schools to a state university, wherein tuition shall be gratis and equally open to all.
[24] Because the opening phrase did not provide a specific timetable for implementation, a state-supported system of public education was delayed until a new state constitution was adopted in 1851.
Article IX also provided for a reform-based penal code, funding for libraries, and state institutions to care for the elderly and those in need.
[41] Jennings appointed three judges (Jesse Lynch Holman, John Johnson, and James Scott) to serve seven-year terms on the Indiana Supreme Court, effective December 28, 1816.
Charles H. Test called the meeting to order and George Whitfield Carr, the delegate from Lawrence County, was elected the convention's president.
[52][55][56] Prior to the convention, the state's political parties (Democrats and Whigs) adopted a set of proposals that they want to incorporate into the constitution.
[48] Topics of discussion included elections and appointment of local officials, sheriffs, commissioners, board members, judges, coroners, auditors, clerks, etc.
[59] Notable Indiana statesmen who were members of the delegation and spoke at the convention included Thomas Hendricks, David Wallace, Schuyler Colfax, Horace P. Biddle, Robert Dale Owen, and Alvin P. Hovey, among others.
[56] The final version of the constitution was based on Jacksonian democracy, which significantly expanded the democratic principles of individual rights, private enterprise, and legislative restrictions.
Although it expanded the bill of rights included in the 1816 document, the new constitution retained other features such as the basic frame of a limited self-government for the state.
[70] The 1851 version, which was longer and more detailed than the 1816 constitution, combined "Jacksonian Democracy with a vigorous emphasis on economic laissez faire," reflecting the state's financial crisis in the late 1830s and early 1840s.
Although efforts to abolish the university were unsuccessful, Article 8, Section 2, of the new constitution authorized the sale of county seminaries with the proceeds to be used to help fund Indiana's public elementary schools.
Some convention delegates openly advocated for the colonization of free people of color in Indiana to Liberia, which led to the adoption of Article 13, section 3.
[95] The early criticism of the constitution of 1851 was Indiana's lax election laws, which frequently led to election-day irregularities and accusations of voter fraud.
[96] Article 2, Section 2, outlined who was eligible to vote,[97] but the constitution did not have specific provisions for voter regulations or include details to assure bipartisan election boards.
[98] The state legislator enacted a voters' rights law in 1917, but it was struck down by the Indiana Supreme Court in October of that year.
Changes from the initial constitution included removal of term limits for militia officers and the requirement for conscientious objectors to pay a fee for their exemption from military service.
[105][106] Article 13 openly banned African Americans settlement in Indiana and imposed fines on anyone employing or helping them to settle in the state.
Justices were again made appointed positions, a list of candidates was created by the Indiana Judicial Nominating Commission, narrowed to three finalists and thus submitted to the governor who then chooses one.
