The Indiana General Assembly (1815-1825): Statehood, Slavery, and Constitution-Drafting

The first Indiana Statehouse in Corydon, used from 1816-1825.
  • World Events

During the early nineteenth century, the end of the Napoleonic Wars shaped the direction of the western world. After Napoleon’s defeat in the Cossacks (Russia) in 1814, the western powers reshaped the international order. To this end, the European powers that defeated Napoleon’s imperial ambitions (Russia, Great Britain, Prussia, and Austria) met in 1814-1815 in Vienna to create a new system of alliances that would keep the peace in Europe for the next 100 years. Called the Congress of Vienna, these meetings built a new international order based on the 1713 Treaty of Utrecht, creating a “balance of power” system throughout the region.[1] This framework of negotiations continued to meet annually until 1822, when meetings met more sporadically. The Congress of Vienna was the first attempt by nation states in the modern period to create a system of peace that would be long-lasting, internally strong (which would be problematic due to the exclusion of the Ottoman Empire), and fair.[2]

  • National Events

The “Era of Good Feeling,” embodied by the Presidency of James Monroe (1817-1825), defined the decade. The Democratic-Republicans, a party solidified under President Thomas Jefferson, became the dominant party in the United States. The War of 1812, bitterly fought between the United States and Great Britain, had strained the young republic, especially for a young territory-turned-state like Indiana. As historian Logan Esarey notes, “the first results of the War of 1812 were disastrous. The inroads of the Indians broke up many settlements.”[3] The election of 1820 saw President Monroe reelected to the Presidency with all electoral votes except one. This sweeping mandate reaffirmed the public’s trust in the Democratic-Republicans and Monroe’s vision for the United States.[4]

Yet the era was not without controversy. The hotly debated Missouri Compromise of 1820 created a balance of power between the slave states of the south and the free states of the north. The law called for Missouri’s admittance as a slave state and Maine as a free state, and prohibited slavery from the Louisiana Territory north of the 36° 30´ latitude line.[5] This was a compromise created out of various bills passed by both the House and the Senate who could not agree on whether to admit Missouri as a slave or free state. The law would remain in effect until the Kansas-Nebraska was passed in 1854. The debate about slavery was an instrumental part of Indiana’s own founding, with factions on every side.

  • State Events & Legislative Responses

Indiana officially became a state on December 11, 1816, but the push for statehood traces back to before the War of 1812. Due to battles between British-leaning Native Americans and the United States, the Indiana Territory did not have the 60,000-residents status until after the conflict. Nevertheless, on April 19, 1816, the United States Congress passed the Enabling Act, which allowed for Indiana to petition for statehood.[6] Delegates met in Corydon in the summer of 1816, and on June 29, they signed the newly-drafted constitution. This new constitution created a General Assembly, comprised of a House of Representatives and a Senate, with members serving one and three years, respectively.[7] The state constitution also authorized the General Assembly to create a primary and secondary public education system, which included Indiana University[8]

Constitutional elm in Corydon, under which constitutional delegates reportedly met during the convention, courtesy of Allen County Public Library, accessed Indiana Memory.

During its first ten years, the General Assembly faced many challenges, but the issue that divided its legislators the most was slavery. Admitted to the union in 1816 as a free state, Indiana nonetheless was politically fragmented on the issue. Indiana’s first Governor, Jonathan Jennings, led a wing of fiercely anti-slavery Democratic-Republicans (the only party of consequence in Indiana at the time). On the other side, the James Noble faction was pro slavery and the William Hendricks faction was neutral on the conflict.[9] To settle these divisions, the General Assembly passed a measure in 1816 that outlawed “man-stealing,” which authorized indentured servitude only if the claimant could substantiate his case in court, otherwise it was considered slavery and illegal under the Indiana Constitution.[10] This ensured a compromise that kept all parties happy but allowed some forms of slavery in Indiana well into the 1830s.[11]

Other pressing matters in the first ten years of Indiana’s statehood included funding, construction of infrastructure, and selecting a new state capital. An Ohio Falls Canal, along the Ohio River, was proposed with financial allotments enacted by the General Assembly in 1818. However, by 1825, the canal project collapsed; poor management of its finances and Kentucky’s finished Ohio River Canal destroyed any chances of Ohio Falls Canal’s completion.[12] Yet, these setbacks only served as a catalyst for future internal improvements. In 1820 and 1823, the General Assembly passed roadway legislation that, “provided for twenty-five roads along definite routes through various counties, including five that were to be routed to the site of the new seat of government [Indianapolis].”[13] Costing over $100,000, these new roadway systems began the layout of Indiana’s infrastructure.

Courtesy of the Indiana State Library, Indiana Division, accessed The Indiana Historian.

While Corydon served the state well as its first capital, northern migration facilitated the need for a more centralized seat of government by 1820. Named “Indianapolis” by state Representative Jeremiah Sullivan, the new state capital was surveyed by Alexander Ralston and Elias P. Fordham. Ralston, a surveyor and city planner who had worked in Washington, D.C., surveyed plats for Indianapolis in a similar design to the nation’s capital. In 1822, the General Assembly approved a law authorizing plat sales to facilitate the transfer of government and the construction of a Marion County Courthouse. In the 9th session of the General Assembly in 1824, Indianapolis was made the legal capital of the State of Indiana and chose Samuel Merrill, the State Treasurer, to oversee the arduous task of moving the government. It took eleven days to trek the 125 miles to the new capital, but Merrill and the Indiana General Assembly had finally arrived at their permanent home.[14]

  • Notable Legislators
Thomas Hendricks, Governors’ Portrait, accessed Indiana Historical Bureau.
  • Thomas Hendricks was a State Representative and State Senator from 1823-1831 and 1831-1834, respectively. He represented Decatur, Henry, Rush, and Shelby Counties. Wearing many hats, Hendricks served as a school superintendent, surveyor for Decatur County, and a Colonel of the Indiana militia in 1822. He was the first in the long and illustrious Hendricks family line to be in Indiana public service. His brother, John Hendricks, also served in the Indiana General Assembly and his nephew Thomas A. Hendricks later became the twenty-first Vice President of the United States.[15] 

 

  • Justice Isaac Blackford, courtesy of Courts in the Classroom.

    Isaac Newton Blackford was the first Speaker of the Indiana House of Representatives, serving in the role from 1816-1817. Born in New Jersey and a graduate of Princeton, Blackford began his life in the Hoosier state as the Washington County Recorder. After a stint in the Indiana House of Representatives as its first Speaker, he went on to become an Indiana Supreme Court Justice, a role he filled until 1853. While never elected to higher office, he was appointed the United States Court of Claims in 1853, adjudicating cases until his death in 1859. Blackford is notable for his deep involvement in both the legislative and judicial branches of Indiana government, a role he pioneered and would have many follow in his footsteps.[16] 

    * See Part Two: Surveying, the First Statehouse, and Financial Collapse (1826-1846)

  • Session Dates and Locations, Number of Legislators, Number of Constituents[17]
    • 1st General Assembly: November 4, 1816-January 3, 1817. 10 Senators and 30 Representatives. Roughly 6,390 constituents per Senator and 2130 constituents per Representative.
    • 2nd General Assembly: December 1, 1817-January 29, 1818. 10 Senators and 29 Representatives. Roughly 6,390 constituents per Senator and 2,203 constituents per Representative.
    • 3rd General Assembly: December 7, 1818-January 2, 1819. 10 Senators and 28 Representatives. Roughly 6,390 constituents per Senator and 2,282 constituents per Representative.
    • 4th General Assembly: December 6, 1819-January 22, 1820. 10 Senators and 29 Representatives. Roughly 6,390 constituents per Senator and 2,203 constituents per Representative.
    • 5th General Assembly: November 27, 1820-January 9, 1821. 10 Senators and 29 Representatives. Roughly 14,171 constituents per Senator and 5,075 constituents per Representative.
    • 6th General Assembly: November 19, 1821-January 3, 1822. 16 Senators and 44 Representatives. Roughly 9,199 constituents per Senator and 3,345 constituents per Representative.
    • 7th General Assembly: December 2, 1822-January 11, 1823. 16 Senators and 44 Representatives. Roughly 9,199 constituents per Senator and 3,345 constituents per Representative.
    • 8th General Assembly: December 1, 1823-January 31, 1824. 16 Senators and 46 Representatives. Roughly 9,199 constituents per Senator and 3,200 constituents per Representative.
    • 9th General Assembly: January 10, 1825-February 12, 1825. 17 Senators and 46 Representatives. Roughly 8658 constituents per Senator and 3,200 constituents per Representative.
    • The 1st-8th General Assemblies met in Corydon, IN and the 9th was the first General Assembly that met in the new capital of Indianapolis.

[1] Stella Ghervas, “The Congress of Vienna: A Peace for the Strong.” History Today, last modified 2014, accessed September 11, 2014, http://www.historytoday.com/stella-ghervas/congress-vienna-peace-strong.

[2] Ibid.

[3] Logan Esarey, History of Indiana (Bloomington: Hoosier Heritage Press, 1969), 209.

[4] For an overview of this period, see “American Political History: “Era of Good Feeling.” Eagleton Institute of Politics: Rutgers University, last modified 2014, accessed September 4, 2014, http://www.eagleton.rutgers.edu/research/

americanhistory/ap_goodfeeling.php.

[5] “Annals of Congress, House of Representatives, 16th Congress, 1st Session, Pages 1587 & 1588 of 2628.” A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 – 1875: Library of Congress, last modified July 30, 2010, accessed September 4, 2014, http://memory.loc.gov/cgibin/ampage?collId=llac&fileName=036/llac036.db&recNum=155.

[6] James H. Madison, The Indiana Way: A State History (Bloomington and Indianapolis: Indiana University Press, 1986), 50.

[7] Ibid, 53.

[8] Ibid.

[9] Jacob Piatt Dunn , Indiana and Indianans. (New York and Chicago: American Historical Society, 1919), 334

[10] Ibid, 341.

[11] James H. Madison, The Indiana Way, 54.

[12] Justin E. Walsh, The Centennial History of the Indiana General Assembly, 1816-1978 (Indianapolis, Indiana Historical Bureau, 1987), 24.

[13] Ibid, 26, f.117.

[14] Ibid, 14-16.

[15] Charles W. Calhoun, Alan F. January, Elizabeth Shanahan-Shoemaker and Rebecca Shepherd, A Biographical Directory of the Indiana General Assembly, Volume 1: 1816-1899 (Indianapolis, Indiana Historical Bureau, 1980), 178.

[16] Minde C., Richard Humphrey, and Bruce Kleinschmidt, “Biographical Sketches of Indiana Supreme Court Justices,” Indiana Law Review 30, no. 1 (1997): 333.

[17] This data is compiled from two major sources: Charles W. Calhoun, Alan F. January, Elizabeth Shanahan-Shoemaker and Rebecca Shepherd, A Biographical Directory of the Indiana General Assembly, Volume 1: 1816-1899 (Indianapolis, Indiana Historical Bureau, 1980), 437-446 and James H. Madison, The Indiana Way, 50, 59, 325.

Jonathan Jennings: Honoring the Autonomy and Democratic Values of Pioneer Hoosiers

Governors’ Portrait of Jennings, Artist: James Forbes, American, c. 1800-?, oil on canvas, 36 x 29 (91.5 x 73.6) Signed l.l.: Jas. Forbes/Pinxt, courtesy of the Indiana Historical Bureau.

Jonathan Jennings was born in 1784 in New Jersey, the sixth child of Jacob and Mary Jennings. His father was a physician and minister. The future first governor of the State of Indiana grew up in western Pennsylvania. He moved to the Indiana Territory at age 22, settling first in Jeffersonville, where he began a law practice. In 1807, Jennings moved to Vincennes, capital of the territory. There, he clerked for the land office, the General Assembly of the Indiana Territory, and for Vincennes University. An incident at the the university between Jennings and Territorial Governor William Henry Harrison and his supporters, prompted Jennings to leave Vincennes. In search of a more hospitable residence and career, he returned to Clark County and settled in Charlestown by 1809.

Jennings’ move would prove to be very timely for his political ambitions. Congress separated the Illinois Territory from the Indiana Territory, which lessened Governor Harrison’s political influence. Furthermore, Congress mandated that the Indiana Territory’s delegate to Congress be popularly elected, as opposed to elected by the territorial legislature.

William Henry Harrison, circa 1813, courtesy of the National Portrait Gallery, Smithsonian Institution; gift of Mrs. Herbert Lee Pratt, Jr.

While Jennings was an outsider to Harrison’s clique, he was extremely personable and a great campaigner. His outsider status was also relatable to the population in the eastern counties, who resented the patriarchal political power structures in Vincennes. Indiana historian William Wesley Woollen described Jennings’ appeal, noting he was “a man of polished manners . . . he was always gentle and kind to those about him. He was not an orator, but he could tell what he knew in a pleasing way.”

An oft-repeated story about Jennings illustrates his political populism in contrast to his patrician political opponents. Author John Bartlow Martin described the scene this way:

Jennings’s opponent, a Harrison man, arrived during a logrolling [at a Dearborn County farm], chatted at the farmhouse a short time, then rode away. But Jennings, arriving next day, pitched into the logrolling and when it was done, tossed quoits and threw the maul with the men, taking care to let them beat him. He was a natural politician, the kind the Hoosiers lived, almost the original model of the defender of the people against the interests.

Historical marker located in Jennings County, courtesy of the Indiana Historical Bureau.

In 1809, only white, property-holding men could vote in the Indiana Territory. At age 25, Jennings ran for Congress and defeated an older and better politically connected candidate. Jennings won re-election in 1811, 1812, and 1814. As a territorial delegate, and not a fully vested member of Congress, Jennings could not vote on legislation. However, his role was very important to Indiana’s road to statehood as he advocated for legislation from Indiana Territory constituents, including petitions for statehood. The first statehood petition was sent to Jennings in 1811, which Congress denied on account of the territory’s population not yet reaching 35,000. The United States had more pressing problems in subsequent years, most notably the War of 1812, which raged until 1814. The war disrupted the business of Congress when the British Army burned the U.S. Capitol and the White House.

A year after the Treaty of Ghent ended the war, Congress was back to lawmaking. On December 28, 1815, Jennings introduced another territorial petition for statehood. This time the U.S. House leadership referred the petition to a committee and named Jennings as chairman. A week later the committee reported a bill, which eventually passed. On April 19, 1816, President James Madison signed it into law. Known as the Enabling Act, the legislation authorized residents of the Indiana Territory to hold a Constitutional Convention. On June 10, 1816, convention delegates convened in Corydon to draft a constitution. Jennings was one of the delegates. He was so esteemed by his peers that he became president of the convention. The resulting document borrowed from previous state constitutions, but reinforced a lot of democratic ideals. Although there was a system of checks and balances, most of the power lay with the elected representatives, which many people viewed as being closer to the people than the governor. The constitution also allowed for universal white, adult male suffrage, gave voters the right to call for a new constitution, recommended a state-supported education system, prohibited establishment of private banks, and prohibited slavery.

Portrait of Posey, Artist: John Bayless Hill, American, 1849-1874 oil on canvas, 30 1/8 x 26 3/16 (76.5 x 65.6) Unsigned, courtesy of the Indiana Historical Bureau.

Indiana held its first state elections in August 1816, and Jennings won the gubernatorial election over Territorial Governor Thomas Posey. Jennings was then only thirty-two years old. For the next six years he would serve as Indiana’s first executive. Keep in mind, under the 1816 Constitution, a governor’s powers were limited, and he could not set legislative agendas. He could make appointments, including judges, and could also sign or veto legislation.

According to Carl E. Kramer’s profile of Jennings in The Governors of Indiana, the state’s first governor faced the daunting challenge of “placing Indiana on a sound financial footing, implementing a court system, and developing rudimentary educational and internal improvements systems, while also attempting to prevent government from becoming so burdensome that it obstructed personal advancement and enterprise.” Kramer noted that as governor, Jennings concentrated on “organizing an educational system that reached from the common schools to a state university; creating a state banking system; preventing illegal efforts to capture and enslave blacks entitled to their freedom; organizing a state library; and developing a plan of internal improvements.” His limited success in accomplishing these, was “as much a reflection of the governor’s limited powers and the state’s impoverished financial condition as it is upon his political skills and knowledge of the issues.”

Courtesy of the Indiana Historical Bureau.

His most far-reaching action during the time he served as governor actually occurred when he was not acting in that capacity. In 1818, Jennings served as a treaty negotiator on the Treaty of St. Mary’s which obtained title to a large part of land from the Miami Indians. As an aside, while Jennings was absent from Corydon during these negotiations, Lieutenant Governor Christopher Harrison tried unsuccessfully to take power and remove Jennings from office.

The low-light of Jennings time as governor came in 1820 as the State Bank teetered and eventually collapsed. As historian Dorothy Riker noted, “Jennings was severely criticized for his failure to supervise the Bank and his refusal to instigate and investigation earlier.”

In 1822, with only months left to serve in his second term, Jennings resigned as governor so that he could return to Congress, where he served from 1822-1831. Internal improvements like roads and canals were hallmark pieces of legislation at this time in American history, especially under President John Quincy Adams (1825-1829) and his proto-Whig Party (Adams/Anti-Jackson) adherents like Jennings. For Jennings, internal improvements were a way for Indiana to advance, economically by allowing for Indiana’s agricultural goods to make it more easily to markets, and for finished goods to make their way into the state. Good roads and canals would also encourage immigration into the state, especially along the National Road, and would facilitate communication with other parts of the nation. Because of Jennings advocacy of better transportation networks, it is fitting that the Indiana Department of Transportation designated this section of I-65 as the “Governor Jonathan Jennings Memorial Highway.”

Historical marker located in Charlestown, Indiana, courtesy of the Indiana Historical Bureau.

According to Woollen, Jennings lost his congressional seat in 1830 due, in part, to his drinking problem. He retired to his Charlestown farm, where he died on July 26, 1834. Historians have conflicting views on Jennings legacy. He was not an activist executive, which present-day observers have come to expect when rating their leaders. However, he was an incredibly popular politician. He played important leadership roles in Indiana reaching statehood, including at the Constitutional Convention. As for his role as governor, it is important to think about his service in the context of the time. Hoosiers at the time did not want an aristocratic leader like William Henry Harrison. Rather, Jennings set a precedence as the first governor which sought to honor the autonomy and democratic values of pioneer Hoosiers.