Tag: constitution

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.

Thomas A. Hendricks: “The Constitution as it is, the Union as it was”

Governor Thomas Andrew Hendricks, Governors’ Portrait Collection, accessed Indiana Historical Bureau.

Thomas A. Hendricks (1819-1885), an attorney from Shelbyville and, later, Indianapolis, became the most prominent Democrat in Indiana during the Civil War era. As such, he articulated the conservative Democratic position most forcefully and memorably. This stance can be summed up in the words, “The Constitution as it is, the Union as it was.” Hendricks was also known for his outspoken white supremacist, but antislavery, views.  His frequently quoted remark, uttered on the floor of the U.S. Senate, reveals this attitude: “This is the white man’s Government, made by the white man, for the white man.”

In a storied career that included single terms as senator, governor, and election in 1884 to the vice presidency of the United States, Hendricks spent nearly four decades in public life.  First elected to the Indiana House of Representatives in the late 1840s and then to Congress in 1851, he was appointed by President Franklin Pierce (and later reappointed by President James Buchanan) to lead the extremely busy General Land Office during a period of numerous and generous land grants.  Increasingly out of step with Buchanan’s proslavery and anti-homestead bill policies, Hendricks resigned his Washington position in 1859.

Governor Oliver P. Morton, Governors’ Portraits Collection, accessed Indiana Historical Bureau.

He returned to Indiana, and almost immediately found himself at the head of the Democratic Party ticket as it attempted to retain control of the state’s reins of power. However, although 1860 was a Republican year, Hendricks fared better against his gubernatorial opponent, Henry S. Lane, than did the rest of the Democratic ticket.  Then, according to a pre-arranged agreement, Governor Lane was chosen by the Republican-controlled General Assembly to become Indiana’s new United States senator.  The energetic and ambitious lieutenant governor, Oliver P. Morton, then became governor and served throughout the Civil War.

It was a different story in the off-year elections of 1862, when the unpopularity of the war and many of President Abraham Lincoln’s policies—especially his emancipation plan—resulted in a Democratic sweep of state offices, including control of the Indiana General Assembly.  When this body elected another new senator, the popular Hendricks was chosen.  In office from 1863 to 1869, Senator Hendricks was involved with the final years of the Civil War and the first years of Reconstruction. Initially, he stoutly supported the Union’s war effort, but not the plans for the emancipation of African American slaves. After the war, he spoke out against (and voted against) the three so-called Civil War Amendments (the 13th, 14th and 15th) to the federal Constitution.  In his view, the impassioned feelings of the immediate postwar era and the absence of representatives in Congress from eleven states, made the times “unpropitious” for making basic constitutional changes.

Governor Conrad Baker, Governors’ Portraits Collection, accessed Indiana Historical Bureau.

Obviously, Hendricks’s views resonated with his fellow Hoosier Democrats, and while still a senator he was nominated to run again for governor in 1868.  Hendricks was narrowly defeated by the incumbent governor, Conrad Baker, who had succeeded Morton when he went to the U. S. Senate in 1867. Hendricks retained his personal popularity and ran a third time, successfully, for the governor’s seat in 1872, serving from 1873 to 1877.  Still not done with electoral politics, the charismatic governor was Samuel J. Tilden’s running mate in the famous “disputed election of 1876,” in which the Democratic team received more votes than did their opponents, but a partisan Electoral Commission awarded the victory to Republicans Rutherford B. Hayes and William A. Wheeler.

Campaign poster for Grover Cleveland and Thomas A. Hendricks, 1884, courtesy of PBS Learning Media.

Hendricks’ final campaign came in 1884 when he reluctantly, for health reasons, agreed to join Grover Cleveland at the head of the Democratic Party ticket. Successful this time, Hendricks’ service as vice president was destined to be short.  Inaugurated in March 1885, the Hoosier politician died at his home in Indianapolis in November 1885.

Regarding Hendricks’ Civil War years in Indiana, there is no evidence that he was a member of any “dark lantern” society, the Knights of the Golden Circle, the Sons of Liberty, or the Order of American Knights; nor was he a Copperhead, if one defines that term as a Northerner who supported the South during the war.  If, however, one defines the term more broadly to include those who opposed the Lincoln administration and, following Lincoln’s death, the Radical Republican agenda, then, of course, Hendricks certainly belongs in that category.

Greenback bill, issued March 1863, courtesy of Museum of American Finance.

He was an outspoken critic of what he considered the excesses of Lincoln’s wartime policies, including emancipation, suspension of the writ of habeas corpus, high tariffs, the issuance of “greenbacks” and other banking policies that he believed aided the New England states at the expense of western states, and many more extra-military actions by both the state and national administrations. In particular, Hendricks lambasted the Lincoln administration in a major speech in Indianapolis on January 8, 1862, during the state Democratic Party convention, which in its platform condemned the Republicans for rejecting compromises that might have averted war, and for its violations of freedom of the press and the domestic institutions of sovereign states. But Hendricks consistently supported the war to save the Union, urged compliance with the draft, and deplored armed resistance to its enforcement.

Thomas A. Hendricks monument at the Indiana State House, accessed Wikipedia.org.

In May 1863, at the time of another party gathering in Indianapolis, Hendricks was threatened by an unauthorized band of roaming soldiers when he attempted to speak.  The melee that followed led up to the events known as the “Battle of Pogue’s Run.”  Hendricks was also at the center of a volatile situation when he joined Governor Morton on the steps of the state house in eulogizing the assassinated president; Morton’s stern demeanor quieted the protesters, following cries of “Hang him” aimed at Hendricks, and the Democrat was able to continue his remarks. Ironically, this episode occurred near the site on the current State House grounds where a tall monument with a larger than life-size statue of Hendricks was erected in 1890 and still stands.

Bibliography

Gray, Ralph D. “Thomas A. Hendricks:  Spokesman for the Democracy,” in Gray, ed., Gentlemen from Indiana: National Party Candidates, 1836-1940. Indianapolis: Indiana Historical Bureau, 1977.

Holcombe, John W., and Hubert M. Skinner. Life and Public Services of Thomas A. Hendricks with Selected Speeches and Writings. Indianapolis: Carlon and Hollenbeck, 1886.

Neely, Jr., Mark E., The Fate of Liberty: Abraham Lincoln and Civil Liberties. New York: Oxford University Press, 1991.

Stampp, Kenneth M.  Indiana Politics during the Civil War. Indianapolis: Indiana Historical Bureau, 1949.

Tredway, G. R. Democratic Opposition to the Lincoln Administration in Indiana. Indianapolis: Indiana Historical Bureau, 1973.