INDIANA.

Indiana was originally a part of the "Territory of the United States northwest of the Ohio river," established July 13, 1787.

By an act of May 7, 1800, which took effect on the 4th of July of that year, the "Territory of Indiana" was established, and made to include all of the above territory west of a line running from a point opposite the mouth of the Kentucky river, to Fort Recovery, on the head waters of the Wabash, and from thence due north to the northern boundary of the United States. A form of governmen was established in all respects similar to the one already in operation in the Territory northwest of the Ohio, excepting that an election might be held for the Territorial Legislature before the number of males of legal age amounted to five thousand, if such proved to be the wish of the freeholders. The act provided that when a State government should be formed east of a meridian passing through the mouth of the Great Miami (as occured in 1802, upon the formation of Ohio), this line was to become the eastern boundary of Indiana Territory. The seat of government was fixed at Saint Vincennes, on the Wabash, until otherwise ordered by law.

Upon the admission of Ohio as a State, April 30, 1802, a narrow strip of territory east of the former boundary of Indiana Territory, and the portion north of the new State of Ohio, became a part of Indiana Territory, and its boundaries were temporarily increased to a vast extent, upon the 26th of March, 1804, by the provisional annexation of all that part of the Louisiana purchase north of 33° north latitude, which was formed into the "District of Louisiana." It thus remained until March 3, 1805, when the "Territory of Louisiana" was established, absorbing this portion west of the Mississippi.

On the formation of Michigan Territory, January 11, 1805, the boundary between it and Indiana Territory was fixed on a line running due east from the most southern point of Lake Michigan to Lake Erie. The right of suffrage in the Territory of Indiana was extended February 26, 1808, by fixing the time of previous residence at one year; and the property qualification, that of holding a legal or equitable title to fifty acres of land, or the purchase from the United States of that quantity, or the holding in his own right, a town lot of the value of one hundred dollars.

On the 3d of March, 1811, the right of suffrage was again extended, requiring only of adult white males one year's residence, and the payment of a county or territorial tax.

The Territory of Illinois was formed by an act of Congress, approved February 3, 1809, the division line between the two territories being fixed on the line that has since remained the boundary between Indiana and Illinois.

Upon a memorial from the Territorial Legislature, on behalf of the people — accompanied by the returns of a census taken in 1815, showing a population of 63,897 - an act was passed April 19, 1816, authorizing the formation of a State Government, consistent with the principles guaranteed by the Ordinance of 1787. The boundaries of the State were described in the Enabling act. The qualification of voters, and districts for the election of delegates to the first Convention, were defined, and the day of election fixed on the second Monday of May, 1816.

The Convention had submitted to it, for acceptance or rejection, the following propositions, which, if accepted, were to be obligatory upon the United States, viz. :

First, That the sections numbered "sixteen" in every township - and when such section had been sold, granted or disposed of, other lands equivalent thereto, and most contiguous to the same · shall be granted to the inhabitants of such township for the use of schools.

Second, That all salt-springs within the said Territory, and the land reserved for the use of the same-together with such other lands as might, by the President of the United States, be deemed necessary and proper for working the said salt-springs, not exceeding in the whole the quantity contained in thirty-six entire sections - should be granted to the said State, the same to be under such terms, conditions and regulations as the Legislature of the said State should direct: Provided, That the said Legislature should never sell nor lease the same for a longer period than ten years at any one time.

Third, That five per cent of the net proceeds of the lands lying within the said Territory, which should be sold by Congress from and after the first day of December next, after deducting all expenses incident to the same, should be reserved for making public roads and canals: of which three-fifths should be applied to these objects within the said State, under the direction of the Legislature thereof, and two-fifths to the making of a road or roads leading to the said State, under the direction of Congress.

Fourth, That one entire township, which was to be designated by the President of the United States, in addition to the one heretofore reserved for that purpose, should be reserved for the use of a seminary of learning, and vested in the Legislature of the said State, to be appropriated solely to the use of such seminary by the said Legislature.

Fifth, That four sections of land be granted to the said State for the purpose of fixing the Seat of Government thereon: which four sections were to be located at any time in such township and range as the Legislature aforesaid might select, on such lands as might thereafter be acquired by the United States from the Indian tribes within the said Territory; Provided, That such locations were to be made prior to the public sale of the lands of the United States surrounding such location.

These five propositions were offered on the conditions that the Convention of the State should provide by an ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by the United States after the first of the next December should remain free from State, county, township, or other tax, for five years from date of sale.

The Enabling act fixed the northern boundary of the State on a parallel of latitude ten miles further north than had been allowed under the Territorial organization, and this has since thus remained.1

The Convention was elected at the appointed time; met at Corydon June 10, and adjourned June 29, 1816, having prepared a Constitution, which went into effect without being submitted to a vote of the people. The conditions proposed by Congress were ratified by an ordinance of the Convention, and the State was admitted into the Union by a joint resolution, approved December 11, 1816. The laws of the United States were extended over the State of Indiana by an act of March 3, 1817.

By one of the provisions of this first Constitution, a vote was to be taken once

1 As surveyed in October, 1827, under an act of Congress, passed March 2d of that year, this line was found to be 104 miles, 49 chains and 55 links in length.

in twelve years at the general election for Governor, to ascertain the wishes of the people as to the holding of a Convention. Under this provision, acts were passed for this purpose on the 14th of January, 1828, and on the 3d of February, 1840; but in each case the decision was adverse to the proposal.

A little before the third return of this period, however, a Convention was called. It met at Indianapolis, October 7, 1850, and on the 10th of February, 1851, agreed upon the Constitution now in force. It was approved by a vote of 109,319 to 26,755.

The changes made by the Convention of 1850-'51 were chiefly as follows: The Bill of Rights was extended from 24 to 37 sections. Several of the former sections were divided or changed in phraseology, and those now numbered 6, 7, 23 and 24 were introduced.

In the Suffrage article, the sections now numbered 3, 4, 5, 6, 7, 12 and 14 were added; the time of residence of voters who are citizens of the United States, was reduced from one year to six months, and the clause relating to voters of foreign birth who had not completed their naturalization was added.

The number of members of the House was at first restricted so as not to be less than 25 nor more than 36; but, whenever the number of adult white male inhabitants should exceed 22,000, the number might be increased from 36 to 100. The number of Senators could be not less than a third, nor more than a half, of that of the members. They were equalized upon a census of adult white males, once in five years.

The term of Senators was three years, one-third being chosen ever year. The articles now numbered IX, X, XIII and XIV, and the greater part of XI, were added.

The sessions were annual and unlimited, and the present restrictions upon special legislation and of publication, before taking effect, were not included. The Governor's term was three years, and he could not hold more than six years in nine. He was required to have been ten years a citizen of the United States. He had five days to consider bills and resolutions, and the clause now limiting the time for presenting them was added. He could nominate, for the approval of the Senate, all officers not otherwise provided for by the Constitution. The Secretary of State, Auditor and Treasurer were chosen by joint ballot of the two Houses, the Secretary for four and the others for three years.

The Judges of the Supreme Court were formerly appointed by the Governor and Senate, and their terms were fixed at seven years. The Supreme Court consisted of three Judges; the Circuit Courts each of a President and two Associate Judges, appointed by joint ballot of the two Houses, and the State was divided into three circuits. The Clerk of the Supreme Court was appointed by the court, and the Clerks of the Circuit Courts in the several counties.

Another Convention was proposed by an act of March 5, 1859, but was not approved by the people at the next annual election in October of that year.