Indiana Statehood

16
The Indiana Historian A Magazine Exploring Indiana History Indiana Statehood

Transcript of Indiana Statehood

Page 1: Indiana Statehood

The Indiana Historian A Magazine Exploring Indiana History

Indiana Statehood

Page 2: Indiana Statehood

2 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999

Focus

The Indiana HistorianSeptember 1999ISSN 1071-3301

Order Number 7049

EditorPamela J. Bennett

Lead ResearcherPaula A. Bongen

DesignerDani B. Pfaff

Contributing EditorsCarole M. Allen, Janine Beckley,

Alan Conant, Dani B. Pfaff,Virginia Terpening

The Indiana Historian provides resources and mod-els for the study of local history to encourage Indiana’scitizens of all ages to become engaged with the historyof their communities and the state of Indiana.

The Indiana Historian (formerly The Indiana JuniorHistorian) is issued quarterly from March through De-cember.

It is a membership benefit of the Indiana JuniorHistorical Society. One complimentary subscription isprovided to Indiana libraries, school media centers,and cultural and historical organizations.

Annual subscriptions are available for $5.00 plustax. Back issues are available at individual and bulkpricing.

This material is available to visually impaired pa-trons in audio format, courtesy of the Indiana HistoryProject of the Indiana Historical Society. Tapes areavailable through the Talking Books Program of theIndiana State Library; contact the Talking Books Pro-gram, 317-232-3702.

The Indiana Historian is copyrighted. Educatorsmay reproduce items for class use, but no part of thepublication may be reproduced in any way for profitwithout written permission of the Indiana HistoricalBureau. Room 408, 140 North Senate Avenue, India-napolis, IN 46204; 317-232-2535.

E-MAIL [email protected] www.statelib.lib.in.us/www/ihb/ihb.html

In 1925, the Indiana GeneralAssembly provided for the desig-nation of December 11 as IndianaDay. By law (Indiana Code 1-1-10)“The governor shall issue a procla-mation annually designating theeleventh day of December asIndiana Day” and citizens areurged to celebrate “in appropriateand patriotic observance of theanniversary of the admission ofthe state of Indiana into theUnion.”

This issue focuses on theevents in 1816 by which Indianabecame the nineteenth state.

On page 3, there is a briefoverview which helps to answerthe question, Why statehood?

On pages 4-5, the IndianaMemorial to Congress requestingstatehood and the Enabling Act byCongress are compared anddiscussed.

The setting of the 1816constitutional convention inCorydon and the men who wrote

Front cover illustration: The first ten (oftwenty-seven) rules for the government ofthe convention, reproduced from Journalof the Convention of the Indiana Territory,1816 (Louisville, 1816). The journal is 6inches by 9 inches in size. CourtesyIndiana State Archives.

Back cover illustration: Reportedly thefirst map of Indiana published after itbecame a state; note the mis-location ofLake Michigan. It was published inPhiladelphia by John Melish and SamuelHarrison in 1817. Courtesy IndianaDivision, Indiana State Library.

the Constitution are explored onpages 6-7; a chart of delegates ison page 14.

The organization and work ofthe convention are covered onpages 8-9.

Activities after the conven-tion to complete Indiana’s organi-zation and acceptance as a stateare covered on pages 10-11.

Content of the 1816 Consti-tution and how it fared as agoverning instrument are coveredon pages 12-13.

The timeline provides somebackground and context. Thebibliography and resources onpage 15 provide sources forfurther study. Most documentsreferred to are available in theirentirety on the Historical BureauWeb site.

This is the second issue in aseries exploring some bench-marks in Indiana history. Thefirst was “Indiana Territory,” TheIndiana Historian, March 1999.

• Why was the new northern bound-ary established in the Enabling Actimportant? What effect has that newboundary had over time and up to thepresent?• What important symbol of the past(like the Constitution Elm or theCorydon state capitol) exists in yourcounty? What does it commemorate onthe state or local level? How is it pre-served and/or celebrated?• Discuss the men who wrote Indiana’s1816 Constitution. Based on informa-tion in the chart on page 14, describethe makeup and background of theconvention delegates.• Call a constitutional convention foryour classroom and write a constitu-tion to govern it. Look at the 1816Indiana Constitution on the HistoricalBureau Web site to identify articlesthat would be relevant. Keep a journalto document your activities.

You be the historian• There is little contemporary infor-mation about convention activities.However, given what information isavailable in the Journal of the Conven-tion and elsewhere, create an event toreport the closing day of the conven-tion as it might be covered in today’smedia.• December 11 is declared IndianaDay by the governor each year in cel-ebration of Indiana’s birthday. Plan anIndiana Day ceremony and/or festivalthat demonstrates important aspectsof Indiana’s road to statehood.• Investigate the recent efforts ofPuerto Rico to become a state. Whatissues have been important to thepeople as they voted? What are somepositive and negative factors for andagainst statehood? How do these fac-tors compare or contrast to Indiana’ssituation in 1816?

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© Copyright Indiana Historical Bureau 1999 3The Indiana Historian, September 1999

1780 1783 1785 1787 1800 1800

October 10Continental Congress passes“Resolution on Public Lands,”which resolves to settle landswest of AppalachianMountains and create futurestates (Patrick, 49, 54).

September 3Treaty of Paris signed,officially ends AmericanRevolution, recognizesAmerican indepen-dence from GreatBritain (Carruth, 100).

May 20Land Ordinance of1785 allowssurveying and sellingof land in WesternReserve (now inOhio) (Carruth, 102).

July 13The Northwest Ordinanceof 1787 establishes, andprovides a system ofgovernment for,Northwest Territory(Carruth, 102).

May 13William Henry Harrison appoin-ted governor of Indiana Territory;John Gibson, secretary; HenryVan der Burgh, William Clark,and John Griffin appointedjudges (Goebel, 56-59).

May 7Congress splits NorthwestTerritory into 2 territories:Indiana Territory and NorthwestTerritory (now Ohio, tip ofsoutheast Ind., and part ofMich.) (Hawkins, 24-26).

Knox

Vincennes

Gibson

Warrick

Harrison

Clark

Franklin

Wayne

Unorganized

PoseyPerry

Dearborn

Jefferson

Washington

Indiana Counties in Existence prior to1815 Territorial General Assembly

Sources: Barnhart and Riker, 431, 441-43;George Pence and Nellie C. Armstrong,Indiana Boundaries (Indianapolis, 1967),530-31, 654-55, 680-81, 766-67, 802-03.

Switzer-land

Indiana Territory boundary

IndianaTerritoryboundary

Corydon

Clarksville

This anonymous commentaryabout the progress of the

convention appeared in theVincennes Western Sun,

June 22, 1816.

The Ordinance of 1787 estab-lished a training regimen orblueprint for the formation of newstates from the Northwest Terri-tory. Ohio, in 1803, was the firststate formed from the territory.Indiana, in 1816, was the secondstate formed from the NorthwestTerritory. The formation andprogress of Indiana Territory wasa necessity for the ultimate goal ofstatehood.

Throughout the territorialperiod, there were debates andpetitions about the consequencesof moving toward statehood.Important issues were the in-creased costs, an expected in-crease in taxes, and the lack ofservices and communication forpeople distant from the capital.

Later in the Indiana territo-rial period there were two majorfactions. The western, Vincennes-focused pro-William HenryHarrison/Thomas Posey factionwas connected with keeping theterritory status, keeping slaveryalive, and keeping more powerwith the appointed governor. Theeastern, Corydon-focused pro-Jonathan Jennings factionwanted the democratic benefits ofstatehood—especially an electedgovernor with limited power—andthe final eradication of slavery inthe state.

On December 11, 1815, theIndiana Territorial Assembly wasready to pursue statehood, andthe Memorial for statehood wassent to Congress. Congress

Why statehood?passed the Enabling Act. Del-egates elected by the people metin convention, affirmed theEnabling Act of Congress, andwrote and adopted the Constitu-tion. Acting under the Constitu-tion, the people elected a GeneralAssembly, state officers, andrepresentatives to Congress. OnDecember 11, 1816, Indiana wasadmitted to the union.

The vast majority of peoplein Indiana knew what was hap-pening during this process, andthey approved the move to ademocratic government whichforbad slavery. The preamble tothe Constitution of 1816 reachedfar beyond the federal Bill ofRights. Some provisions of theConstitution—education, forexample—were visionary.Statehood held the promiseof a better future for Indianaand its citizens. The 1816Constitution expressed thedelegates’ hope and optimism forthat future.Sources: Barnhart and Riker, 412-63; Madison, 46-54; “Indiana Terri-tory,” The Indiana Historian, March1999; see also, James H. Madison,Indiana’s Pioneer Heritage and theEnd of the Twentieth Century (India-napolis, 1996).

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Beginning the road to statehood

1801 1803 1804 1805 1808 1808

March 4Thomas Jefferson1st presidentinaugurated inWashington, D.C.(Carruth, 124).

February 19Ohio becomes17th state(Carruth, 126).

August 4Harrison issuesproclamation, calls forelection to determineif voters want generalassembly (Hawkins,37-38).

December 5Harrison proclaimsIndiana Territoryadvancement to 2ndstage of government,allowing general as-sembly (Hawkins, 39).

January 11Act by Congressdivides IndianaTerritory, creatingMichiganTerritory(Hawkins, 42-43).

December 7JamesMadisonelectedpresident(Carruth, 136).

February 26Suffrage Act of 1808 extendsvote to those holding townlots with minimum value of$100; provision added tothose of Northwest Ordi-nance of 1787 (Hawkins, 47).

1804

February 3Congress passes actdividing IndianaTerritory, creatingIllinois Territory(Hawkins, 48-50).

1809

Memorial for statehood,December 11, 1815The first step in attaining admis-sion to the union was to ask thepermission of the U.S. Congress.

That step was taken by theIndiana Territory General Assem-bly on December 11, 1815. TheHouse passed a Memorial toCongress by a vote of seven to five,stating that Indiana was qualifiedto become a state.

The Memorial indicates thatthe census, authorized by theGeneral Assembly on August 29,1814, proves that Indiana hasover sixty thousand “free whiteinhabitants” as required by theNorthwest Ordinance. The Memo-rial provides the process thatIndiana will follow to attain state-hood. It also states some termsthat Indiana would like Congressto grant.

The Memorial was publishedin the Vincennes Western Sun,January 27, 1816. The Memorialwas presented in the U.S. Houseon December 28, 1815 and in theU.S. Senate on January 2, 1816.In both houses, it was reviewed byselect committees.

On January 5, 1816, theHouse committee, chaired byIndiana’s representative JonathanJennings, reported out a bill foran enabling act. The bill passedthe House on March 30 by a voteof 108-3. The bill passed theSenate on April 13.

The Enabling Act,April 19, 1816On April 19, 1816, PresidentJames Madison signed into lawthe act passed by Congress whichwould enable Indiana to become astate “on an equal footing with theoriginal States.”

Some of Indiana’s requests inthe Memorial and what Congressgranted in the Enabling Act arecompared in the chart on page 5.

In addition, Congress speci-fied several other importantconditions.• Congress named the bound-

aries of Indiana (Sec. 2), movingthe northern boundary tenmiles north to give ownership ofpart of the Lake Michiganshoreline.

• Congress determined thatIndiana would continue to haveone representative in the U.S.House until the next generalcensus.

• Congress required that Indianaagree to exempt from any taxesfor five years any land sold inIndiana by the United Statesstarting December 1, 1816.

The Enabling Act set theelection for representatives to therequired constitutional conventionfor May 13, 1816. The conventionwas to meet in Corydon startingJune 10, 1816.Sources: Kettleborough, 1:65-77;Hawkins, 60-63, 64-67.

Excerpt from the Memorial to Congressprinted in its entirety on January 27, 1816in the Vincennes Western Sun.

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1811 1811 1812 1812

December 11By a 4 to 3 vote, Indiana General Assembly petitions Congress for statehood; represen-tatives Peter Jones of Knox, James Dill of Dearborn, and Richard Rue of Wayne opposethe petition sending with it their written objections—territory too small, population tooscattered, and cost of a state government too expensive; petition denied but congres-sional committee would allow statehood when population reached 35,000; due to lack ofmoney, territory did not pursue statehood (Barnhart and Riker, 413-14).

March 3Suffrage Act of 1808 revised byCongress; any free white male,21 years or older, who has paida county or territorial tax andhas resided 1 year in saidterritory may vote (Hawkins, 55).

December 2James Madisonreelected president(Carruth, 146).

June 18War of 1812 begins;Americans fight Britishfor control of Americanlands and shipping(Carruth, 144).

Jonathan Jennings was Indiana’s territorial delegate toCongress and chaired the committee that originated the bill forthe Enabling Act. Jennings went on to become president ofthe constitutional convention and Indiana’s first governor as astate. The image is a reproduction of the official stategovernor’s portrait of Jennings, courtesy Indiana HistoricalBureau. Additional information is on the Historical BureauWeb site for the Governors’ Portraits Collection.

“. . . With regard to the grants and conditionscontained in this act, the convention when metwill be able to form a correct estimate. Allow me,however, to state that they are at least asadvantageous if not more so, than those grantedto any other Territory on similar occasions.”Open letter from Jonathan Jennings to constituents, Washington City,April 16, 1816, published in Vincennes Western Sun, May 11, 1816.Quoted from Kettleborough, 1:77.

Granted 5% of net proceeds from U.S.land sales in Indiana to use only for roadsand canals, three-fifths in the state, two-fifths leading to Indiana but controlled byCongress

Confirmed prior grant and granted onetownship under control of legislature forseminary of learning

Granted Section 16 or equivalent forschools

Granted salt springs

Granted four sections of land for seat ofgovernment as determined by legislature

Apportioned forty-three delegates fromthirteen counties

Constitution and state government mustconform to the articles of the NorthwestOrdinance, except for boundaries

Grant state 7% of money from sale of U.S.land in Indiana beginning April 1, 1816

Confirm grant of one township for anacademy and reserve another townshipfor support of a college

Reserve Section 16 in townships forschools

Grant coal mines and salt licks to state

Reserve one centrally-located townshipfor the state capital

Apportion forty-two delegates from thir-teen counties

Continue principles of Northwest Ordi-nance especially regarding personal free-dom and involuntary servitude

Comparing some elements of the statehood documents

Memorial for statehood requested Enabling Act provided

Sources for chart: Kettleborough, 1:70-72,73-77; Hawkins, 60-63, 64-67.

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1813 1813 1815 1815

March 11Indiana GeneralAssembly passes StateCapital Act, movingterritorial capital fromVincennes to Corydon(Hawkins, 57-59).

October 5Harrison defeats British GeneralHenry Proctor at Battle of Thames,Ontario, Canada; Tecumseh killed,destroying Indian resistance andBritish power in Northwest(Goebel, 181-83).

September 29Harrison’stroops takeDetroit; Britishretreat toCanada(Goebel, 180).

August 24Washington,D.C. capturedby British(Carruth, 150).

December 24Treaty ofGhent endsWar of 1812(Carruth, 150).

1813 1814 1814

December 11Indiana’s GeneralAssemblypetitionsCongress forstatehood(Hawkins, 60-63).

December 28Jonathan Jennings, territorialrepresentative to Congress, laysmemorial for statehood beforeCongress; referred to committee,Jennings named chairman(Thornton, 109).

The setting for the conventionThe Enabling Act specified thatelected representatives shouldmeet in Corydon, HarrisonCounty—the territorial capital—on Monday, June 10, 1816 todetermine whether or not to forma constitution and state govern-ment.

The convention delegatesThe representation to the 1816constitutional convention wasspecified in the Enabling Act.Based on population figures, acertain number of delegates waselected on May 13, 1816 by eachof the thirteen counties in exist-ence in 1815. Time was very shortfor completing preparations,which caused some negativecommentary in the newspapers.

The forty-three men electedas delegates provide an interestingpicture of the population of Indi-ana at the time. The chart on page14 considers several areas ofcomparison, which demonstrateboth the similarity and the diver-sity of those who determinedIndiana’s future.

Corydon, Harrison CountyCorydon had been made theterritorial capital in 1813, replac-ing Vincennes, Knox County. Theterritorial legislature met in theHarrison County Courthouse.

The construction of a stonecourthouse had been ordered in1811, but it was not built. Insteada partially finished wood house on

lot 12 was purchased and finishedfor use as a courthouse. It waslocated on the northwest corner ofCapitol and High Streets. It was inthis “courthouse on the hill” thatthe 1816 constitutional conven-tion delegates gathered to carryout their task.

There has been some confu-sion over the years about themeeting place of the convention.Various authors have incorrectlystated that they met in the OldState Capitol building, now aState Historic Site.

It was very hot in Corydonduring the convention and report-edly delegates held many sessionsunder the cooling branches of the“Constitutional Elm,” which waslocated approximately two hun-dred yards west of the courthouse.According to Cottman, “Severalold residents of Harrison County,now dead, whose memories wentback to 1816, were authority forthis.”

The former Capitol Hotel,located a mile east of town, gainedits name from a tradition that itlodged the delegates to the con-vention. Cottman, however, indi-cates that “in 1816 there were alsoother hostelries in Corydon, andthis one a mile away probablytook the overflow from the moreconvenient ones.” Cottman visitedthe abandoned building before itsdestruction in 1921, and hasprovided a detailed description ofits appearance.

The sheriff of each county was obligatedto call for the election on May 13 ofdelegates to the Corydon convention inJune as required by the Enabling Act.This notice by the sheriff of Knox Countygiving the date and polling places was inthe Vincennes Western Sun, May 4,1816.

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1816 1816

January 5Congressional committee forIndiana statehood reports billto House of Representativesfor citizens of Indiana Territoryto form a constitution(Thornton, 109).

April 19President Madison signsEnabling Act allowingIndiana Territory to holdconstitutional convention(Hawkins, 64-67).

May 13Election of delegatesto constitutionalconvention whichwas scheduled tostart June 10(Hawkins, 64-67).

1816

June 10Constitutional delegates (43) meet at Corydon to compose Indiana’s state constitution;turn in certificates that they were duly elected; take oaths to U.S. and to discharge theirduties faithfully ; elect officers with Jonathan Jennings, president, William Hendricks,secretary, Henry Batman, doorkeeper; assign committees to set up rules to governconvention; vote to form immediately constitution and state government (“Journal ofConvention,” 77-156).

1816

This photograph of the “Constitution Elm” was taken between 1921 and 1925. Delegatesto the June 1816 constitutional convention apparently often worked in the shade of thistree. Although specific reports of dimensions vary, it was enormous with branches thatspanned over 100 feet. It died of Dutch Elm Disease in 1925.

Cottman indicates that memories of residents who were living in 1816 substantiatethe role of the “Constitution Elm” in the writing of the 1816 Constitution. “One of these, aMr. Wynn, stated that as a lad ten years old he took early apples from his home to theout-of-door meeting-place and peddled them among the delegates; and among theearliest recollections of Henry Funk was a picture of the gathering of the men in theirshirt sleeves sitting around under the great tree. For these rescued reminiscences weare indebted to Mr. J. Edward Murr, a locally well-known contributor to the CorydonDemocrat. Mr. Thomas James de la Hunt, a newspaper man of Evansville, also tells ofthe stories which, as a child, he used to hear from his grandmother. This grandmother,in 1816, was a little girl, Becky Lang, who with other children was wont to play under thebig elm, and her special reason for remembering the convention was that the meetingsunder the tree took their playground” (49).

Adapted from Harrison County InterimReport (Indianapolis, 1987), 24. Aclickable Historic Corydon Image Mapis available at www.usi.edu/extserv/index5.htm.

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Corydon

High Street

Walnut Street

Chestnut Street

Cap

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tree

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Elm

Str

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Mul

berr

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tree

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Wat

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tree

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ConstitutionElm

Courthouseon the Hill

StateCapitol

Big

Indi

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reek

Unfortunately, papers ofdelegates and the newspapers ofthe day have left so little evidencethat historians can do little morethan speculate about these mat-ters.

Sources: Cottman, 17-19, 49, 52-53;Harrison County Interim Report(Indianapolis, 1987), 24. Dunn,1:295, and Thornton, 114, for ex-ample, give the incorrect location forthe convention sessions.

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8 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999

The convention does its work

1816 1816 1816 1816

June 29Conventionadjourns(“Journal ofConvention,”69).

June 11James Dill, delegateand lawyer from Law-renceburg, reports 27rules for government ofconvention (“Journal ofConvention,” 7-10).

June 12Delegates resolve to appoint 12committees to form articles ofconstitution; employ at least twoassistant secretaries; assigndelegates to committees (“Journalof Convention,” 11-14).

1816

June 13-28Delegates workon preambleand articles ofconstitution(“Journal of Con-vention,” 14-67).

June 28Contracts made forprinting journal andconstitution; payment ofsecretaries, doorkeep-ers (“Journal ofConvention,” 67-68).

August 5First state and countyelections held after stateconstitutional conventionadjourned (Esarey, 101).

1816 1816

August 5Jonathan Jenningselected 1st governor ofIndiana; inauguratedNovember 7 (Barnhartand Riker, 460-61).

Although there were severalnewspapers in the Indiana Terri-tory in 1816, available copiesprovide little coverage of conven-tion business. The VincennesWestern Sun, available for thewhole period, provides very little.The official record of the actions ofthe eighteen-day 1816 conventionis in the “Journal of the Conven-tion of the Indiana Territory,1816.” Delegates met Mondaythrough Saturday.

The first day, June 10Forty-one delegates met inCorydon on the morning of June10. Delegates produced certifi-cates of election, took oaths to

perform their duties, and tooktheir seats.

Delegates then electedJonathan Jennings president andWilliam Hendricks secretary of theconvention; they also appointed adoorkeeper. The morning’s busi-ness concluded with appointmentby Jennings of committees onelections, ways and means, andrules for convention business.

At three o’clock delegatesreconvened, and one more delegatewas sworn in. A resolution wassubmitted stating “that it is expe-dient, at this time, to proceed toform a constitution and stategovernment.” Action was post-

poned, and delegates adjourneduntil 9 o’clock the next morning.

Day two, June 11Twenty-seven rules for the con-duct of convention business wereadopted. The first ten rules pro-posed are reproduced on the coverof this issue. Printing of the ruleswas ordered—100 copies.

The elections committeeconfirmed election of delegates,resolving a few disputes.

In the afternoon, the resolu-tion from the prior day regardingformation of a constitution andstate government, was adopted bya vote of 34 to 8.

Minimal commentary on the convention hasbeen located. One delegate, John Badolletfrom Knox County, however, included thesenegative comments in an 1823 letter to a friend:“It is unfortunate that, when called upon to forma constitution a territory is in the mostunpropitious circumstances to success for thewant of men of intellect and political knowledge. . . . This was woefully verified in our case, forthough our convention contained severalthinking men, the majority was composed ofempty bablers, democratic to madness, havingincessantly the people in their mouths and theirdear selves in their eyes.” Badollet did vote forstatehood and indicates he made contributionsparticularly in the area of education. He isshown here in a sketch by Charles AlexandreLesueur, circa 1833. Gayle Thornbrough, ed.,The Correspondence of John Badollet andAlbert Gallatin, 1804-1836 (Indianapolis, 1963),261, frontispiece.Image courtesy Indiana Historical Society.

“the majority was composed of emptybablers, democratic to madness,”

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1816 1816 1816 1818 1837 1848 1858

May 11Minnesotabecomes32nd state(Carruth,258).

November 4Indiana holds firstGeneral Assemblyunder 1816Constitution(Barnhart and Riker,461).

December 2Indianacongressmen andsenators presentwhen U.S.Congress opens(Esarey, 101).

December 11President Madisonapproves Indiana’sadmission intounion as 19thstate (Hawkins,95).

December 3Illinoisbecomes21st state(Carruth,158).

January 26Michiganbecomes26th state(Carruth,200).

May 29Wisconsinbecomes30th state(Carruth,230).

Day three, June 12Having voted to form a constitu-tion, delegates proceeded toorganize into twelve committees towrite the articles of that docu-ment.

They appointed a committeeto arrange a printing contract.Having quickly realized that onesecretary could not fulfill theirneeds, delegates elected twoassistant secretaries and specifiedwhat they should do.

In the afternoon, Jenningsappointed members to all commit-tees to write the constitution.

Continued progressOn June 13, the first committeereports on the constitution werepresented. The forty-third delegatearrived on June 14, and delegatesbegan debating and voting onarticles of the constitution.

On June 18, Mann Butler ofthe Louisville Correspondent wasaccepted as the conventionprinter. Delegate Grass of WarrickCounty was excused on June 19for the rest of the conventionbecause of illness. On June 22,

the convention formally acceptedthe provisions of the Enabling Actby a vote of 36-5. Reporting,debating, and voting on thearticles of the constitution contin-ued.

Finishing the jobThe third week opened withcontinued work on the constitu-tion. On June 27, delegatesordered three copies of the accep-tance of the Enabling Act to besent to the president and congres-sional leaders in Washington.

On June 28, they ordered thedistribution of the printed consti-tutions and journals—elevencopies to each delegate and two toeach secretary—and orderedpayment of their financial obliga-tions.

On June 29, they orderedtwo handwritten copies of theConstitution—one for Jennings togive to the General Assembly.*Copies of the printed Constitutionwere ordered sent to the U.S.president and congressionalleaders. Two secretaries wereordered to oversee the printing.

This is an excerpt from theJournal of the Convention ofthe Indiana Territory, 1816printed by Mann Butler inLouisville. On June 12, in themorning session of theconvention, the delegateselected two assistantsecretaries, realizing that oneperson could not fulfill theirneeds. On June 15, theyelected three more assistantsecretaries.

Finally, they ordered that theapproved copy of the Constitutionbe read, and following that theyadjourned.

The cost of the conventionThe total cost of the conventionwas $3,076.21. Each member wasallowed $2.00 per day for eachday in attendance and $2.00 foreach twenty-five miles traveled toand from Corydon. The secretaryand assistant secretaries received$3.50 per day; the doorkeeper andassistant doorkeeper received$2.00 per day.

The printer, Mann Butler ofLouisville, received $200. Othercosts included $41.50 for books,stationery, etc; $27.50 for tables,benches, etc.; and $40 for over-seeing the printing, stitching, anddistribution of the Constitutionand journal.Sources: “Journal of Convention”;Barnhart and Riker, 460; see also,Kettleborough, 1:xv-xxii, 125-27.

*The story of the second handwritten copyhas been detailed in Coleman.

1850

October 7Constitutional conventionassembles in Indianapolis;150 delegates serve 127days; adjourns February10, 1851 (Kettleborough,1:221).

1851

November 1Constitution takeseffect; Indiana citizensvote August 4,adopting constitution82,564-26,755(Kettleborough, 1:222).

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The final steps to statehoodFollowing adjournment of theconvention, there was action ontwo fronts—in Indiana Territoryand in Washington. Indiana’sConstitution was implementedupon passage, before Indiana wasformally admitted to the union onDecember 11, 1816. The peopledid not vote on the Constitution.

Events in IndianaThe transition process was statedin Article 12 of the Constitution.Most sections provide for the legaltransition from territory to stateso that all “shall continue as if nochange had taken place in thisGovernment.”

Section 8 of Article 12 re-quired that the convention presi-dent notify the sheriffs of allcounties to call for an election onAugust 5. Jonathan Jennings’writ of election to the KnoxThe Vincennes Western Sun issue of

September 7, 1816 provided thisinteresting announcement of the resultsof the August 5 election. The August 31issue indicates that the paper has noreturns yet from Dearborn, Franklin,Gibson, Perry, Posey, and Warrickcounties.

County sheriff and the sheriff’sresulting order were printed in theVincennes Western Sun, July 6,1816. There were only five weeksbetween the end of the conventionand the election. Jennings beatThomas Posey in the gubernatorialrace 5,211-3,934.

Section 9 of Article 12 estab-lished county representation inthe General Assembly until thenext census—twenty-nine repre-sentatives and ten senators. Thefirst General Assembly under theConstitution met November 4,1816.

Governor Jennings andLieutenant Governor ChristopherHarrison were inaugurated onNovember 7. On November 8, theGeneral Assembly elected its twomembers for the U.S. Senate—James Noble and Waller Taylor.

The new Harrison County Courthouse was ordered built by the trustees in May 1814.A contractor was hired in August. The building was apparently not ready for theconvention in June 1816. It was, however, ready for the opening of the first GeneralAssembly on November 4, 1816. This building served as the State Capitol of Indianauntil the capital was moved to Indianapolis in 1825. It is now a State Historic Site. Thisphotograph was taken by C. Heimberger & Son Photographic Studio of New Albany,circa 1890s.

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On June 22, the convention passed a report, later called an ordinance,“that we do, for ourselves and our posterity, agree, determine, declare,and ordain, that we will, and do hereby, accept the propositions of the

Congress of the United States, as made and contained in” the EnablingAct. Jennings conveyed the ordinance to President Madison with the

letter reproduced here. The letter is reproduced from a photostat in theIndiana Division, Indiana State Library; a note on the back indicates that

the original is in the State Department, Washington, D.C.

This announcementclearly acknowledgesthe importance of thefirst session of theGeneral Assembly toIndiana.

In WashingtonAcceptance by the convention ofthe provisions of the Enabling Acton June 22 helped fulfill therequirements of the Enabling Act.On July 6, Jennings transmittedthe acceptance to Washington, asordered by the convention June27, to begin the final steps.

The seating of the Indianacongressional delegation was alsoan important step. Indiana’selected representative, WilliamHendricks, was sworn into officeand seated in the U.S. house onDecember 2, 1816. Indiana’s twosenators, elected by the GeneralAssembly, were sworn in andseated on December 12.

The resolution admittingIndiana “into the Union on anequal footing with the originalStates, in all respects whatever”was signed by President JamesMadison on December 11, 1816,which has been celebrated asIndiana’s birthday ever since.

The final step of admission,however, was not accomplisheduntil March 3, 1817, when “ANACT to provide for the due execu-tion of the laws of the UnitedStates within the State of Indiana”was approved.Sources: Kettleborough, 1:65, 120-33; Barnhart and Riker, 460-62.

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12 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999

The Constitution of 1816According to Barnhart and Riker,“Judging from the meager contempo-rary literature on the subject, theconstitution was received with generalsatisfaction. Some few of its provisions. . . aroused adverse criticism for anumber of years following its adop-tion,” including the provisions foramendment and fixing the capital atCorydon until 1825.

The Constitution of 1816 wasnever amended until it was replacedby the Constitution of 1851. Thequestion of calling a new con-stitutional convention was first votedon in 1823. Not until the fifth time in1849 was a constitutional conventionprovided for by the General Assembly.

Carmony’s 1998 study cites threereasons why it was not amended:• it “was widely respected and sup-ported by voters and politicians”;• “it was a concise document, empha-sizing basic principles with few restric-tive details, thus leaving the legisla-ture much discretion”; and• it could not be amended without“calling a constitutional convention.”

As the chart on page 13 demon-strates, much of Indiana’s Constitu-tion had models elsewhere. Indiana’sConstitution, however, was the asser-tion of Indiana’s citizens in favor of ademocratic state continuing thetenants of the Northwest Ordinance.As stated in Barnhart and Riker, “theyreiterated the prohibition of slaveryand halted the further introduction ofindentured servitude.” There werefewer qualifications for voting and afairer division of representatives. Thegovernor’s veto power was limited and“placed the power in the hands ofpopularly chosen representatives.”Sources: Barnhart and Riker, 462-63;Carmony, 403; Kettleborough, 1:xxii-lxxxviii, 137-217.

This constitution was one of three printed versions in 1816 (seeillustration page 13). It is 5 inches by 8 inches in size. The ordinanceaccepting the conditions of the Enabling Act is bound in with handwrittenand printed versions. No copy of the Stout version was available forexamination. The Indiana Historical Society owns a copy of the 1816Louisville version ordered by the convention. Courtesy Indiana Division,Indiana State Library.

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© Copyright Indiana Historical Bureau 1999 13The Indiana Historian, September 1999

There were three different 1816 printings ofthe Indiana Constitution according toColeman: Butler’s in Louisville ordered bythe convention; one in Washington orderedby the U.S. House; and one by Elihu Stout,editor of the Western Sun, in Vincennes.This advertisement presumably is for thecopies Stout himself printed.

An outline of the content and sources of the 1816 Constitution

Preamble

Article I

Article II

Article III

Article IV

Article V

Article VI

Article VII

Article VIII

Article IX

Article X

Article XI

Article XII

Established Indiana’s right to join the United Stateson an equal footing with the original states

Stated the Bill of Rights of Indiana citizens

Separated the powers of government into threebranches: Legislative, Executive, Judiciary

Provided for a General Assembly composed of twohouses: a Senate and a House of Representatives,elected by the people

Stipulated the responsibilities of the governor

Established the court system: Supreme Court, CircuitCourts, justices of the peace

Permitted to vote all white males, 21 years of age ormore, living in Indiana for one year

Required all free able-bodied male persons betweenthe ages of 18 and 45 to serve in the Indiana militia

Provided voters the opportunity to call a newconstitutional convention

Specified a state-supported system of education fromtownship schools to university

Prohibited the establishment of private banks whichissued bills of credit

Stipulated general provisions including stateboundaries, location of state capital, and prohibitionof slavery

Provided guidelines for transferring territorialgovernment to state government

Northwest Ordinance; Ohio

Ohio, Kentucky, Tennessee,Pennsylvania

Kentucky; Jefferson’sproposed Virginiaconstitution

Ohio; Tennessee

Kentucky; Pennsylvania

Ohio

Ohio

Ohio; Kentucky

Original to Indiana

Original to Indiana

Original to Indiana

Ohio; Kentucky

No data located

Gave Indiana the right to self-government and theright to participate in national affairs

Protected the civil liberties of Indiana citizensincluding freedom of speech, right to bear arms,freedom of religion, etc.

Strengthened the separation of powers to preventany person(s) from using power in more than onebranch of government

Indiana General Assembly became dominantbranch; reduced age and residency requirementsfor legislators

Gave Indiana governor power to appoint officials,to forgive fines and punishments, and to vetolegislation

Supreme Court met in capital; Supreme Courtjustices appointed by governor; lesser judgeselected; judges served 7-year terms

Election by ballot; voters were free from arrest(except for serious crimes) during travel to,attendance at, and travel home from elections

Prohibited Negroes, mulattoes and Indians fromserving; conscientious objectors fined

Permitted a general election every 12 years forvoters to call for constitutional convention; likeOhio, prohibited any amendment that wouldlegalize slavery

First state to recognize a duty to provide educationto its citizens; also called for penal code based onreform ideas; asylums for old and unfortunate;money for libraries

Also provided regulation of banks already inexistence

Required acts of General Assembly to be printedbefore being enforced; General Assembly could notreduce area of a county to less than 400 squaremiles to form a new county

Set first Monday in August 1816 as date forelection of first state officials: governor, lieutenantgovernor, members of General Assembly, countysheriffs and coronors

1816 Indiana Constitution Purpose of Article Similar State Constitutions Additional Information

Sources for chart: Barnhart, “Southern Influence,” 261-76; Barnhart, Valley of Democracy, 191-93; Barnhart andRiker, 451, 453, 457-61; Buley, 1:72-73; Hawkins, 70-74, 82-89, 92.

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14 The Indiana Historian, September 1999 © Copyright Indiana Historical Bureau 1999

County Delegate Date and Place of Birth Occupation Additional Information

Farmer

Merchant, teacher, surveyor, civilengineer, farmer, poetLawyer, politician

Lawyer, justice of the peace, sheriff

Lawyer, judge of General Courtof Indiana TerritoryLawyer, clerk of Dearborn County

Minister, physician, justiceof the peaceLawyer, judge, surveyor

Mill builder, Franklin County coronor

Merchant, tanner, banker

Farmer

Farmer, lawyer

Lawyer

Baptist minister

???

Surveyor, farmer, miller, justiceof the peace, Gibson Co. surveyorCounty surveyor, justice of the peace

Farmer, justice of the peace

River pilot, tavern keeper, lawyer, Ind. audi-tor, 1813-1814; Ind. treasurer, 1814-1816Surveyor, associate judge of circuit court

Farmer, stone mason, justice of the peace

Lawyer, associate judge of circuit court

Lawyer, merchant

Physician, banker

Lawyer, justice of the peace, associate judgeof circuit courtRegister of U.S. Land Officeat VincennesFarmer

Lawyer, Indiana Supreme Court judge

Farmer, surveyor

Lawyer, judge of General Courtof Indiana TerritoryBaptist minister

Farmer, trader, ferry operator,associate judge of circuit courtFarmer, lawyer, judge, miller

Farmer, lawyer

Lawyer, merchant

Farmer, surveyor

Lawyer, associate judge of circuit court

Carpenter, farmer, joiner, trader

Farmer, justice of the peace

Farmer, livestock dealer

Miller, farmer, blacksmith

Methodist circuit rider

Merchant, tanner

Clark Thomas Carr, Sr.

John K. Graham

Jonathan Jennings

James Lemon

James Scott

Dearborn James Dill

Ezra Ferris

Solomon Manwaring

Franklin James Brownlee

William H. Eads

Robert Hanna

Enoch McCarty

James Noble

Gibson Alexander Devin

Frederick Rapp

David Robb

James Smith

Harrison John Boone

Davis Floyd

Daniel C. Lane

Dennis Pennington

Patrick Shields

Jefferson Nathaniel Hunt

David H. Maxwell

Samuel Smock

Knox John Badollet

John Benefiel

John Johnson

William Polke

Benjamin Parke

Perry Charles Polke

Posey Dann Lynn

Switzerland William Cotton

Warrick Daniel Grass

Washington John DePauw

William Graham

William Lowe

Samuel Milroy

Robert McIntyre

Wayne Patrick Beard

Jeremiah Cox

Hugh Cull

Joseph Holman

June 23, 1755MarylandJanuary 30, 1783Bedford Co., Pennsylvania1784Virginia or New Jersey???Kentucky1767Washington Co., Pennsylvania1772Dublin, IrelandApril 26, 1783Stanwich, Connecticut1771Delaware (?)1780Washington Co., Pennsylvania???Hagerstown, MarylandApril 6, 1786Laurens District, South CarolinaJanuary 5, 1783Culpepper Co., VirginiaDecember 16, 1785Clarke Co., Virginia???Pittsylvania Co., Virginia1775???July 12, 1771IrelandAugust 14, 1774Orange Co., VirginiaFebruary 10, 1772Frederick, Maryland1772Virginia1766Loudoun Co., Virginia1776Mecklenburg Co., Virginia???Virginia1773Litchfield Co., ConnecticutSeptember 17, 1786Lancaster, Garrard Co., Kentucky???Berkeley Co., Virginia1758Geneva, Switzerland1761Virginia???Virginia, Pennsylvania, or KentuckySeptember 19, 1775 or 1777Brooke Co., VirginiaSeptember 2, 1777New Jerseycirca 1744Frederick Co., MarylandJune 24, 1782Christian Co., KentuckyMarch 13, 1776Loudoun Co., VirginiaMarch 27, 1774 or 1780 or 1781Pennsylvania or KentuckyMarch 11, 1785Lincoln Co., KentuckySeptember 4, 1782Ireland1767North CarolinaAugust 14, 1780Mifflin Co., Pennsylvania1766Chester Co., Pennsylvania1769Londonderry, IrelandMarch 3, 1763Adams Co., PennsylvaniaOctober 1759Havre de Grace, MarylandOctober 1, 1788Woodford Co., Kentucky

Captain in Revolutionary War; served in Indian wars;moved to Clark Co. in 1806Moved to Ind. in early 1800s; laid out town of New Albany

President of 1816 Constitutional Convention; first governorof the state of Indiana; U.S. Congress, 1823-1831Served under George Rogers Clark; militia officer

Moved to Clark Co. by 1810; commissioned a judge ofIndiana State Supreme Court, Dec. 28, 1816Moved to Dearborn Co. in 1803; appointed brigadiergeneral of territorial militia, Jan. 15, 1816Moved to Lawrenceburg circa 1806

Laid out towns of Brookville and New Trentonin Franklin Co.Moved to Ind. in 1815

Postmaster at Brookville, 1813

Moved to Franklin Co. in 1804; brigadier generalin Indiana militiaMoved to Ind. in 1803

Moved to Brookville circa 1808; U.S. Senator from Ind., 1816-1831; brother of Noah Noble, Ind. governor, 1831-1837Moved to Ind. from Warren Co., Ky. in 1810

Adopted son of George Rapp (New Harmony); businessleader and spokesman for Harmonist societyServed in Indian wars and War of 1812; moved to GibsonCo. in 1800, president of Legislative Council, 1815Moved to Ind. in 1808; served in Battle of Tippecanoe

Moved to Ind. in 1808; brother of Daniel Boone

Moved to Clarksville in 1801; involved in Aaron Burrconspiracy to invade MexicoMoved to Ind. circa1814; served as state treasurer, 1816-1823Moved to Ind. circa 1804; friend of Henry Clay; contractorfor building Corydon CourthouseMoved to Ind. in 1805; served as private in Battle ofTippecanoeMoved to Madison, Jefferson Co. in 1813

Moved to Jefferson Co. in 1810

Came to Vincennes circa1804; friend of Albert Gallatin

Served in first Territorial General Assembly; appointed toIndiana State Supreme Court, Dec. 28, 1816Conducted last band of Potawatomi to new lands across theMississippi River in 1838Moved to Vincennes in 1801; good friend of Gov. Harrison;captain at Battle of TippecanoeFather of William Polke, delegate from Knox; wife andchildren captured by Indians, later released at DetroitMoved to Ind. in 1798; served in Indiana militia; acquiredextensive land holdingsMoved to Ind. in 1798; appointed by President Monroe toappraise Indian improvements in northern IndianaServed in Indian wars; moved to Ind. circa 1802; excusedfrom convention, June 19, 1816, due to ill healthFather, Charles, came with Lafayette to fight in AmericanRevolution; son, Washington, endowed DePauw UniversityMoved to Ind. in 1811; committee for selecting new statecapital; U.S. House of Representatives, 1837-1839

Moved to Washington Co. in1814; brigadier general of themilitia; founded town of Delphi, Carroll Co., Ind.Moved to Washington Co. circa 1812; served in War of1812; Indiana militiaMoved to Ind. circa 1813

Moved to Wayne Co. in 1806

Moved to Whitewater River Valley in 1805

Moved to Wayne Co. circa 1805; served in War of 1812

Members of Indiana‘s 1816 Constitutional Convention

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© Copyright Indiana Historical Bureau 1999 15The Indiana Historian, September 1999

Selected ResourcesA Note Regarding Resources: Items are listed on this page that enhancework with the topic discussed. Some older items, especially, may includedated practices and ideas that are no longer generally accepted. Resourcesreflecting current practices are noted whenever possible.

Bibliography• Barnhart, John D., and Dorothy L.Riker. Indiana To 1816: The ColonialPeriod. Indianapolis, 1971.

Excellent standard source forIndiana history during this period.• Barnhart, John. D. “Sources ofIndiana’s First Constitution.” IndianaMagazine of History, 39 (1943): 55-94.

Lists the parts of Indiana’s Consti-tution which were derived from otherstate constitutions.• Barnhart, John D. “The SouthernInfluence in the Foundation of Indi-ana.” Indiana Magazine of History, 33(1937): 261-76.

Discusses the delegates to the1816 convention and the sources forthe Constitution.• Barnhart, John D. Valley of Democ-racy: The Frontier versus the Planta-tion in the Ohio Valley, 1775-1818.Bloomington, 1953.

General overview of how Kentucky,Tennessee, Indiana, Ohio, and Illinoisobtained statehood.• Buley, R. Carlyle. The Old North-west: Pioneer Period, 1815-1840. 2vols. Indianapolis, 1950.

Excellent standard source forIndiana history during this period.• Carmony, Donald F. Indiana, 1816-1850: The Pioneer Era. Indianapolis,1998.

Excellent standard source forIndiana history during this period.• Carruth, Gorton. The Encyclopediaof American Facts and Dates. 9th ed.New York, 1993.

Extensive, easy-to-read timeline ofAmerican history.• Coleman, Christopher B. “TheDiscovery and Identification of anOriginal Copy of the Constitution of1816.” Indiana Magazine of History,30 (1934): 360-64.

Interesting description of verifica-tion of the handwritten copy nowowned by the Indiana HistoricalSociety.• Cottman, George S. The CorydonState House: A Hoosier Shrine. India-napolis, 1930.

Informative booklet on Corydonand Indiana’s first state capitol for theDepartment of Conservation.• Dunn, Jacob Piatt. Indiana andIndianans: A History of Aboriginal andTerritorial Indiana and the Century ofStatehood. Vol. 1. Chicago, 1919.

Standard, but dated, source forIndiana history during this period.• Esarey, Logan. Organizing a State.Indianapolis, 1919.

Outline of Indiana’s move towardstatehood and problems while orga-nizing the new state.• Goebel, Dorothy Burne. WilliamHenry Harrison: A Political Biography.Indianapolis, 1926.

Good biography of Harrison withemphasis on his political career.• Hawkins, Hubert H., comp.Indiana’s Road to Statehood: ADocumentary Record. Indianapolis,1969.

Contains important federal andstate documents issued duringIndiana’s statehood process; also onthe Historical Bureau Web site.• “Journal of the Convention of theIndiana Territory, 1816.” IndianaMagazine of History, 61 (1965): 77-155.

The most important resource forthe 1816 constitutional convention;also on the Historical Bureau Website.• Kettleborough, Charles. Constitu-tion Making in Indiana. Vol. 1, 1780-1851. Indianapolis, 1916.

Provides historical background,text, and changes to the 1816 and1851 Indiana constitutions.• Madison, James H. The IndianaWay: A State History. Bloomington,1986.

An excellent one-volume history ofIndiana.• Thornton, W. W. “ConstitutionalConvention of 1816.” Report of theSixteenth Annual Meeting of the StateBar Association of Indiana. [India-napolis], 1912, pp. 102-35.

Comprehensive examination of1816 convention.

Additional Resources• Onuf, Peter S. Statehood andUnion: A History of the NorthwestOrdinance. Bloomington, 1987.

Good overview.• Riker, Dorothy, ed. ExecutiveProceedings of the State of Indiana,1816-1836. Indianapolis, 1947.

Printed version of primary sources.• Thornbrough, Emma Lou. TheNegro In Indiana Before 1900: A Studyof a Minority. Indianapolis, 1957.

Provides background and effect of1816 Constitution.• Thornbrough, Gayle, and DorothyRiker, eds. Journals of the GeneralAssembly of Indiana Territory, 1805-1815. Indianapolis, 1950.

Printed version of primary sources.

Selected Student Resources• Collier, Christopher, and JamesLincoln Collier. Creating the Constitu-tion, 1787. New York, 1999.

Events and personalities involved;for intermediate readers.• Feinberg, Barbara Silberdick. LocalGovernments. New York, 1993.

For intermediate students; includesreferences and index.• Feinberg, Barbara Silberdick. StateGovernments. New York, 1993.

Examines what governors, legisla-tors, judges, and other state officialsdo and how their power differs fromstate to state.• Fritz, Jean. Shh! We’re Writing theConstitution. New York, 1987.

Writing and ratification of the U.S.Constitution; for intermediate readers.• Johnson, Linda Carlson. OurConstitution. Brookfield, Conn., 1992.

History of U.S. Constitution;bibliographic references, index,excellent images.• Leinwand, Gerald. Do We Need aNew Constitution? New York, 1994.

Reasons for writing a constitution;for intermediate readers.

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