Tag: state constitution

The Indiana General Assembly (1850-1865): A New Constitution and the Civil War

 

Accessed The Indiana Historian.

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

The New State Constitution of 1851

After years of political and budgetary turmoil, the Indiana General Assembly and the general public agreed that it was time for an improved state constitution. The failures of the Mammoth Internal Improvements Act in the 1830s and 1840s precipitated a need for more safeguards against “special legislation,” or local legislation that served special interests.[1] The election of state delegates, many from within the General Assembly, ensured that state debt would be contained and allowed for only special defense purposes. For example, delegate Schulyer Colfax (future vice-president under Ulysses S. Grant) wanted the language on debt to be so clear that, “no more State debt shall hereafter be created upon any pretext whatever. . .”[2] The limitations enacted against the General Assembly created a rigid political system that neglected the promise of debt remuneration for at least three decades, especially during the disastrous effects of the Civil War.

The delegates, however, did create more effective organizational tools for the legislature. The General Assembly was provided with biennial sessions with sixty-one days of legislative time, and a two-year term for representatives and a four-year term for senators were also established. Furthermore, the House and Senate were limited to only 100 and fifty members, respectively. These same provisions continue today, with the notable exception that the General Assembly now meets every year. The delegates also made some social progress, instituting a stronger push for public schools and easier access to citizenship for immigrants.[3] Yet, there was one particular provision of the new state constitution that created widespread animosity up through the Civil War.

Indiana and Race: The Antebellum Years

When the state constitution was ratified by the public in February 1851, it institutionalized its own version of racism. Article 13 stated that, “No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution.”[4] Even though Indiana was a Free State, a strong antagonism towards African-Americans lingered. As historian David G. Vanderstel noted, Article 13 “demonstrated the strength of the exclusion and colonization movements, which sought to remove blacks to Africa.”[5] Voting rights for the already 11,000 African-American citizens was also prohibited by the 1851 constitution, and African-American marriages were also left unrecognized.[6] Many of these egregious policies were slowly reversed after the Civil War, but discrimination and legal obfuscations continued well into the mid-twentieth century.

Indiana and the Civil War

The Civil War permanently altered the course of the United States, and Indiana’s unique role in the conflict underscored these drastic changes. Indiana ranked second among the Union in the amount of troops, just over 197,000, and suffered over 25,000 casualties.[7] While personal sacrifices occurred on the battlefield, an internal civil war erupted between the governor and the Indiana General Assembly. The eye of this political hurricane was Governor Oliver P. Morton, often cited as Indiana’s most influential Governor. Elected as Lieutenant Governor under Henry Smith Lane, Morton assumed the governorship after Lane went the U.S. Senate.[8] From 1861 to 1867, Morton made his presence felt throughout the state, often in controversial ways.

Indiana’s war-time Governor. His policies led to a fierce internal civil war with the General Assembly, courtesy of the Indiana Historical Society.

Morton’s leadership exacerbated the political divisions within the Indiana General Assembly. Some Democratic legislators scrambled to remain relevant, supporting the aims of the Union but not the executive power grabs of Morton or President Lincoln. Others were fierce “Peace Democrats,” which the Morton administration targeted as “Copperheads” and “traitors.”[9] The same divide pervaded the Republicans as well, but their leadership often bowed to Morton’s forceful demands. But by 1862, the barrage of military failures and Lincoln’s Emancipation Proclamation had angered the Indiana public enough to ensure a Democratic sweep in the mid-term elections.

James F. D. Lanier. Sketch of the Life of J. F. D. Lanier (self published, 1877).

Once the Democrats had control of the state’s legislature and finances, the legislative progress of Indiana stagnated for over two years. When the General Assembly tried to pass a law that truncated the Governor’s war-time powers, the Republicans, “bolted, fleeing Indianapolis in order not to be forced to provide a legislative quorum.”[10] The finances of the state become so dire that Governor Morton, along with a consortium of bankers united by fellow Hoosier James Lanier, financed the state government by fiat, without legislative approval. At one point, Morton doled out funds from a safe in his office, virtually circumventing the General Assembly.[11] By 1864, Morton was essentially a dictator, but the cause of the Union, at least in his perspective, was larger than the need of constant legislative approval. The Indiana public largely agreed. The 1864 elections swept a wave of Republicans into the legislature, reelected Morton, and helped calm some of the storm that was Indiana’s government.

Once the war was over, Morton finished out his term and became a United States Senator. The Indiana General Assembly, by 1869, was flooded with Radical Republicans, ensuring that at least some of Reconstruction’s policies were carried out. Nonetheless, the Civil War divided the Hoosier state in ways not felt since, and Morton’s tempestuous relationship with the General Assembly certainly motivated those divisions.

Notable Legislators

  • Horace Heffren
    • The Civil War era was full of cantankerous characters, and State Representative Horace Heffren was no exception. In 1861, Heffren, a Democratic representative from Washington County, was accused of treason by Republican lawmaker Gideon C. Moody. Tensions grew so quickly that on February 11, 1861, Moody challenged Heffren to a duel in Campbell County, Kentucky. A Sheriff stopped them just before fatal shots could be fired and the Indiana General Assembly took no recourse against them.[12] After the attempted duel, Heffren was again tried for treason in 1864, but to no avail. Heffren was lambasted by Republicans as, “one of the most loudmouthed, rampant, bitter, boisterous, violent, venomous, poisonous copperheads that could be found on the face of the footstool.”[13] Whether or not Heffren was actually a traitor is lost to history, but the level of animus against him shows the bitter divisions within the Indiana General Assembly during the Civil War.
  • Alexander J. Douglas
    • The arrest and trial of Indiana State Senator Alexander J. Douglas provides us with a glimpse into the intense and polarizing era of the Civil War. Douglas, born in Ohio in 1827, practiced law and served as Whitley County prosecutor from 1859 until his election to the Indiana General Assembly in 1862.[14] With a voting public disgruntled from the heavy-handed policies of Morton, Douglas benefited from wave of votes for Democrats in the mid-term elections. As a fierce opponent of the policies of Lincoln and Governor Oliver P. Morton, Douglas used his new-found influence in the Senate to denounce Unionist policies and their “centralization” of state of power.[15] These tensions accelerated after the arrest of noted anti-war Democrat Clement Vallandigham, whose speech in Columbus, OH chastised the dissent-snuffing policies of General Ambrose Burnside. Douglas came to Vallandigham’s defense in a series of speeches denouncing the use of military arrest on civilians. Douglas was then arrested by General William Tecumseh Sherman and put on trial through a military tribunal.[16] Even though he was found not guilty of treason, Douglas’s trial illustrated the deep ideological and political divisions at the heart of Indiana during the Civil War.

See Part Four

[1] Justin E. Walsh, The Centennial History of the Indiana General Assembly, 1816-1978 (Indianapolis, Indiana Historical Bureau, 1987), 179.

[2] Donald F. Carmony, “Historical Background of the Restrictions Against State Debt in the Indiana Constitution of 1851,” Indiana Magazine of History 47, no. 2 (June 1951): 129, 140.

[3] James H. Madison, The Indiana Way: A State History (Bloomington: Indiana University Press, 1986), 138-140.

[4] Charles Kettlebrough, Constitution Making In Indiana, 3 vols. (Indianapolis: Indiana Historical Commission, 1916, 1930 [reprint edition], Indianapolis: Indiana Historical Bureau, 1971), 1: 360.

[5] David G. Vanderstel, “The 1851 Indiana Constitution,” Indiana Historical Bureau, accessed November 12, 2014, http://www.in.gov/history/2689.htm.

[6] Madison, The Indiana Way, 169-170.

[7] Ibid, 197.

[8] Ibid, 198.

[9] John D. Barnhart, “The Impact of the Civil War in Indiana,” Indiana Magazine of History 57, no. 3 (September 1961): 187.

[10] Madison, The Indiana Way, 203.

[11] Ibid, 203.

[12] Walsh, Centennial History, 189.

[13] Ibid, 190-191.

[14] Stephen Towne, “Worse than Vallandigham: Governor Oliver P. Morton, Lambdin P. Milligan, and the Military Arrest and Trial of Indiana State Senator Alexander J. Douglas during the Civil War,” Indiana Magazine of History 106 (March 2010): 6-8.

[15] Ibid, 10.

[16] Ibid, 32.

The Indiana General Assembly (1826-1846): Surveying, the First Statehouse, and Financial Collapse

 

David Dale Owen, courtesy of Smithsonian Institution Archives, RU 7177, George P. Merrill Collection, accessed Evansville.edu.

* See Part One: Statehood, Slavery, and Constitution-Drafting (1815-1825)

Indiana’s Geological Survey

One of the more daunting tasks asked of the legislature was establishing a geologic survey of the state. Its origins date to 1830, when the General Assembly passed a resolution calling for the state’s first geologic survey connected with a professorship at Indiana University. This plan failed and the issue was not readdressed until 1836, when the General Assembly passed a new resolution calling for the creation of a geologic survey, led by twenty-seven year old David Dale Owen. Starting in 1837, Owen surveyed the state’s southern half and made his way northward. His primary task involved marking the delineation of coal and mineral deposits.[1]

Owen also perfected a method for determining the depth of coal deposits, which stipulated that once miners discovered limestone displaying specific fossils, no more coal was underneath. Owen’s reports to the General Assembly in 1837-39 gave legislators a wide range of information about the geologic properties of the state, including a topographical analysis and exact measurements of coal and mineral deposits. Due to his superb findings on the first geological survey, the General Assembly even consulted Owen on future geological projects up until his death in 1860. Owen’s dedication to science and exact methods inspired generations of geologists interested in Indiana and the Midwest.[2]

The First State House in Indianapolis

First Marion County Courthouse, sketched by artist Christian Schrader, courtesy of Historic Indianapolis.

While the current state house in Indianapolis remains a hub for visitors and legislators alike, it was not the city’s first permanent seat of state government. The first state house in Indianapolis was completed in 1835 and designed by New York architects Ithiel Town and Alexander Jackson Davis, whose designs won approval from the Indiana General Assembly in 1831. A year before, the General Assembly authorized the construction of a new state house, with funding supplied through the sale of land plots within the city.[3] Construction began in 1832 with an original cost of $58,000 but an accelerated schedule grew costs to $60,000.[4] The builders’ speed insured the state house’s opening in December 1835, just in time for the incoming session of the Indiana General Assembly.

Town and Davis’ derived inspiration from Greco-Roman architecture; the state houses’ design resembled a temple surrounded by Doric columns like that of the world-famous Parthenon. Above the temple stood a rotunda dome influenced by Italian Renaissance style.[5] The state house’s visage contradicted much of the architecture in early Indianapolis. One legislator noted the building’s “striking contrast with the log huts interspersed through the almost ‘boundless contiguity of shade’ which surrounds it.”[6] The state house ushered in a new era for Indianapolis, filled with architectural marvels and urban transformation.

Accessed Indiana Historical Bureau.

The state houses’ most notable visitor, Abraham Lincoln, also had humble roots in the Hoosier state. After his childhood years in Indiana, Lincoln visited the statehouse in 1861 as President-Elect of the United States and his body returned with a funeral procession after the assassination in April 1865.[7] The building’s poor materials, mostly of wood and stucco, brought the collapse of the roof in the summer of 1867. The building went through numerous repairs before the Indiana General Assembly approved the construction of a new state house in 1877. The original Indianapolis state house was demolished the same year.[8]

Internal Improvements and Financial Collapse

During the early years of the American republic, the policy that united most legislators and the public was “internal improvements,” which today we might call “infrastructure.” No state caught this fever quite like Indiana. Inspired by the successful opening of Fort Wayne’s Wabash and Erie Canal in July 1835, the General Assembly passed the Massive Internal Improvements Act of 1836.[9] The act, strengthened with over $10,000,000 through loans, proposed the creation of interconnected canals, turnpikes and railroads throughout the entire state. It was supposed to come under budget and take only ten years to finish.[10]

A state bond for the Wabash and Erie Canal. Bonds like this were issued to citizens and speculators for funding of the failed Internal Improvements Act of 1836, courtesy of the Indiana Historical Society.

The economic Panic of 1837 and the dissolution of the Second Bank of the United States left the country gripping with economic hardship. This hit the internal improvements plan in Indiana dramatically, with construction costs ballooning over $10,000,000 and leaving little to no funds for repair costs. By August, 1839, none of the railroad, canal, or turnpike projects were finished and implementation stopped when the state ran out of funds.[11] State bonds, sold to citizens after the state’s land sales left the plan short, could not be paid back. Indiana’s state debt increased to, “$13,148,453 of which $9,464,453 was on account of the internal improvement system.”[12] By 1846, the General Assembly passed the Butler Bill, which funded the state debt two ways: revenues from the successful Wabash and Erie Canal and raising tax revenues.[13] These massive tax increases were hard on citizens and left many in the state with ill feeling towards unmanageable government spending. The financial failure of the internal improvement system heavily influenced the new state constitution of 1851, which required strict limits on government expenditures and enforcement of tax collection.

Notable Legislators

  • John Finley
  • Courtesy of Waynet.org

    John Finley, the state’s first Poet-Legislator, served in the Indiana House of Representatives from 1828-1831. A newspaper editor by trade, Finley’s greatest contribution came with the publication of his poem “The Hoosier’s Nest” in 1833. Finley’s use of the term “Hoosier” in literature helped garner the term respect, rather than its traditionally pejorative meaning of “country backwoodsman.” He also owned and edited the Richmond Palladium from 1831-1834 and published a book of poems, including “The Hoosier’s Nest,” in 1860. He died in Richmond, Indiana in 1866.[14]

  • John Ewing
    • Born in Cork County, Ireland in 1789, John Ewing represented Vincennes and Knox County as a State Senator from 1825-1833 and again from 1842-1845. He was also a United States Representative from 1833-1839. Ewing’s success as politician came with equal scorn. His home was set on fire multiple times due to his staunch Whig party beliefs in an era of Democratic domination. His most valiant performance as a legislator came with his very public battle against State Representative Samuel Judah. Judah’s General Assembly bill re-chartering the financial benefits of then-defunct Vincennes University pushed Ewing to come home from the U.S. Congress, regain his State Senate seat, and defeat the bill though both legislation and through the courts. While his plans failed (he lost his seat in 1845 and his reforms did not pass), Ewing’s commitment to sound financial policy earned him respect and honor as one of the longest serving State Senators from his era.[15]

* See Part Three: A New Constitution and the Civil War (1850-1865)

[1] For a detailed account of David Dale Owen, see Walter B. Henderson, “David Dale Owen and Indiana’s First Geological Survey,” Indiana Magazine of History 36, no 1, 1-15, accessed October 9, http://scholarworks.iu.edu/journals/index.php/imh/article/view/7194/8101.

[2] Ibid.

[3] Justin E. Walsh, The Centennial History of the Indiana General Assembly, 1816-1978 (Indianapolis, Indiana Historical Bureau, 1987), 132.

[4] Dorothy Riker and Gayle Thornbrough, eds., Messages and Papers Relating to the Administration of Noah Noble, Governor of Indiana, 1831–1837 (Indiana Historical Collections, Vol. XXXVIII; Indianapolis, 1958), 351-352, accessed October 22, 2014, https://archive.org/stream/messagespapersre55nobl#page/350/mode/2up.

[5] James A. Glass, “The Architects Town and Davis and the Second Indiana Statehouse,” Indiana Magazine of History 80, no. 4 (December 1984), 335-337, accessed October 9, 2014, http://www.jstor.org/stable/27790832.

[6] Walsh, Centennial History, 132.

[7] For a detailed description of Lincoln’s visits to Indianapolis, see George S. Cottman, “Lincoln in Indianapolis,” Indiana Magazine of History 24 (March 1928), 1-14.

[8] Glass, “The Architects Town and Davis,” 337.

[9] Margaret Duden, “Internal Improvements in Indiana: 1818-1846,” Indiana Magazine of History 5, no. 4 (December 1909), accessed October 22, 2014, http://www.jstor.org/stable/view/27785234, 163.

[10] George S. Cottman, “The Internal Improvement System of Indiana,” Indiana Magazine of History 3, no. 3, accessed October 22, 2014, http://scholarworks.iu.edu/journals/index.php/imh/article/view/5612/4946, 119.

[11] James H. Madison, The Indiana Way: A State History (Bloomington and Indianapolis: Indiana University Press, 1986), 83.

[12] Margaret Duden, “Internal Improvements in Indiana,” 168.

[13] Ibid, 169.

[14] Walsh, Centennial History, 124. Calhoun, January, Shanahan-Shoemaker, and Shepherd, Biographical Directory, 126.

[15] Walsh, Centennial History, 126-129. For Ewing’s government positions and elections, see 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.