The government of the state of Indiana

Preface

This volume is my contribution to the youth of the State of Indiana, If it shall teach them a better knowledge of the laws and institutions and enable them to become better citizens of this State, I shall be amply repaid. I have endeavored to be so plain that the simplest mind could understand me. All technicalities and technical expressions have been studiously avoided. Perhaps the book contains technical inaccuracies; but that is the necessary result, if there be any, of the attempt to use plain and simple language. My constant effort has been to make the subject attractive to the reader, and to relieve it of dry and unnecessary details. In every school there should be a recent edition of the Statutes of this State, to be used as a reference book, the same as an ordinary dictionary is used.

WILLIAM W. THORNTON.

Indianapolis, Ind., July 1, 1898.

Table Of Contents

Chap.

2. Present Constitution— Bill of Rights 19

3. Distribution of Powers 36

Chapter I. Historical Sketch

1. Early Explorers.

It was more than one hundred and sixty years after Columbus discovered America before a white man's foot pressed any of the soil of the territory now forming the State of Indiana. It cannot be said to-day who were the first white men to enter the present boundaries of the State; but the first known white man was a Frenchman, called Robert Cavalier, Sieur de la Salle. In history he is usually called "La Salle." He first explored some parts of Indiana in 1669, probably as far as where the city of Louisville, in Kentucky, is now situated. For ten years after this time he was possibly not within this present State, although traders with the Indians no doubt made frequent trading trips to it. La Salle came from Canada, then governed by the French, but was born in France. After 1679 he made several trips to this State, probably passing up and down the Wabash river (then and for a long time called "Oua-bache"), until he was assassinated in 1687.

2. First Settlements.

By reason of these first explorations of La Salle, and also of other Frenchmen, the French government claimed the

S THE GOVERNMENT OF INDIANA.

ownership of all the country west of the Alleghany Mountains, down the Mississippi river to the Gulf of Mexico. The French king gave the exclusive right to trade with the Indians in all this vast region, except the northern part, in 1712, to a favorite, who proceeded to establish some colonies in that part of the region now within the boundaries of the State of Louisiana. In time the French established forts or settlements on the eastern bank of the Mississippi river, opposite but below where St. Louis is now situated, within the present boundaries of Illinois. The oldest of these was Kas-kas'-ki-a, established about 1712, and which became quite a town. Some fifteen miles up the river, near together, were Prairie de Rocher, Fort Chartres and St. Phillips; and still further north, near where St. Louis now is, was Ca-ho'-ki-a. Some of these were established before and some after the first settlement was made within the present limits of Indiana. Of course, in that day there was no Illinois, no Indiana, nor any of the present western States. The earliest place settled within the present boundaries of this State was Ouiatanon (We-aw'-ta-non), in 1720. It was a trading point and afterwards a fort, established by the French, and was situated within a few yards of the north bank of the Wabash river, and about eighteen miles west of the mouth of the Tippecanoe river, or four miles west of where the city of Lafayette is now situated. It disappeared more than one hundred years ago. The second place was Vincennes, in 1727. It was named after a Frenchman of that name, who founded it. At first it was a mere trading point, frequently called ' l Post Vincennes," or " The Post," "Old Post," or "Au Post." In time a fort was built there. Unlike the early settlements in Illinois, Vincennes has retained much of the prominence it achieved in the early days, and is now a beautiful city. It

HISTORICAL SKETCH.

was built near an Indian village, called u Chip-kaw'-kay." The third settlement was Fort Miamis, near the present site of Fort Wayne. Only Vincennes really became a town; the two others were mere forts. Vincennes was governed by the French authorities of Louisiana, and Ouiatanon and Fort Miamis by those of Canada, the country being divided by a line running east and west three or four miles north of the present site of Terre Haute.

3. Country Surrendered to the English.

In time, war came on between the English and French, resulting in the conquering of Canada by the English in 1760, and the surrender by 1763 of all the territory occupied by the French east of the Mississippi, except a small part of Louisiana. The English attempted to deprive the French residing in the conquered territory of their lands, but this raised such an outcry that it was agreed they should not be disturbed. The French inhabitants, however, did not own much land, only a few hundred acres around each post or fort,

4. Conquest of the Northwest.

The English did not long enjoy the country they had taken from the French. In 1775 the War of the Revolution began; and in 1776 the Declaration of Independence was adopted. After that there was no longer any hope of the American colonies re-uniting with the mother country. In 1777 the State of Virginia decided that it would drive the British out of all the territory lying northwest of the Ohio river, now covered by the States of Ohio, Indiana, Illinois, Michigan and Wisconsin; and for that purpose, in 1778, it authorized Col. George Rogers Clark to raise seven companies of men. He recruited 153 men. Because of his success on this expedition Col. Clark was afterwards given the commission of a General. He gathered his troops on Corn Island, in the Ohio river, opposite the present site of the city of Louisville, and started down that river on June 24th, 1778. He captured Kaskaskia on July Fourth, and the other French towns in that vicinity a few days afterward. At that time there were no British troops at Vincennes, and Col. Clark sent an officer and a few men to take charge of the place. This they did, but shortly after the place was re-taken by Col. Hamilton of the British army. In the following February Clark resolved to march across the country now comprising the State of Illinois, and recapture Vincennes. This was a distance of 175 miles. There were no roads or bridges then; and the men often had to wade breast deep in water, after breaking the thin ice in order to do so. It took eighteen days to make the trip; and on February 25th, 1779, the British troops, after a day's and night's fighting, surrendered the fort, which was then called "Fort Sackville." At that time there were no English troops nearer than Detroit; so that almost the entire territory, now comprising the five great States named, was wrested from British control. When peace was secured by treaty between the United States and Great Britain in 1783, the Americans insisted that the country thus conquered by Col. Clark should become a part of the United States; and it was so agreed. If Col. Clark had not conquered this great territory, it would have remained a British possession; and we to-day would probably have belonged to Great Britain and not to the United States.

5. The Northwest Territory.

After Virginia had conquered this territory, it appointed officers to govern it, establishing Vincennes as the seat of government. The whole territory was known as "Illinois County." As a reward to Clark and his troops that State gave them 149,000 acres of land in what is now Jefferson, Clark and Scott Counties. This tract of land was surveyed differently from other lands, as one can readily see by examining a large map of Indiana; and to this day it is known in history and the laws of this state as "Clark's Grant." After the treaty of peace with Great Britain, it was thought best that the United States should own the conquered territory, and so the Virginia Legislature ordered that the right of that State be released. Accordingly a deed for this entire tract of land was made to the United States. Two of the men who signed this deed afterwards became presidents of the United States; they were Thomas Jefferson and James Monroe. This deed was made March 1, 1784. Near the same time the States of Massachusetts, Connecticut and New York released claims they had on certain portions of this territory, except a large tract now a part of northern Ohio which Connecticut reserved, and which is to this day called the "Western Reserve. ' ' In the Virginia deed the territory conveyed is described as the ' ' Territory North- Westward of the River Ohio, ' ' and ever since it has been known as the "Northwest Territory."

6. Government of the Northivcst Territory.

After the United States received title to this Territory, Congress in 1784 passed a law for its temporary government: and in 1787 passed another law for its permanent government, which is known in history as the " Ordinance of 1787." The great feature of this ordinance is that it prohibited slavery in the Territory, and eventually caused the five great States of Ohio, Indiana, Illinois, Michigan and Wisconsin to remain free States. No government of a permanent character was established in the Territory by the United States until July, 1788, when Major General Arthur St. Clair as Governor arrived at Marietta, Ohio, then only three months old. This was the capital of all this great Territory. Afterwards Cincinnati became the capital. It was then often called "Fort Washington, ' ' from the fort of that name built there. Nearly all the territory now in Indiana was formed into one county, called "Knox County." This county also embraced a part of the present state of Illinois. Vincennes was the county seat. .

7. Indiana Territory.

In 1800, Congress divided the Northwest Territory by a line very near where the dividing line is now between Ohio and Indiana, All the portion east of the line was called the "Northwest Territory;" and all the portion west, "Indiana Territory." Vincennes, then called "Saint Vincennes," was made the capital of Indiana Territory. William Henry Harrison, who afterwards became President of the United States, was appointed Governor. He was, therefore, our first Territorial Governor. At that time there was no Legislature, the Governor and judges of the court adopting such laws as they thought were needed. There was only one court, but it had several judges. John Gibson acted as Governor for nearly a year and then William Henry Harrison assumed the office and served until 1812, when Thomas Posey was appointed in his place. In 1805 enough people had settled in Indiana Territory to authorize the election of a Legislature, and that was done. The Legislature met at Vincennes February 1, 1805, and passed a number of laws. In this year nearly all the country now comprising the State of Michigan was cut off from Indiana Territory, and called "Michigan Territory." It had been known as "Wayne County." In 1809 Indiana Territory suffered a further reduction in size, when all the country west of the present boundary line of the State of • Indiana was cut off and called ' l Illinois Territory. ' ' Vincennes continued to be the capital of Indiana Territory until 1813, when it was moved to Corydon,. in Harrison county. The building then erected for the use of the territorial officers and the Legislature is still standing and is used as a court-house for Harrison county.

8. Slaves.

There were slaves in those days in Indiana, although it was supposed that the Ordinance of 1787 forbade slavery. The first slaves were owned by the French inhabitants when this part of the country was under the French control. They were treated kindly by their owners; and they enjoyed almost as much freedom as if they had been free. In 1800 there were 175 slaves in Indiana; in 1810 the number was 237; in 1820 the number was 190, although Indiana was then a State; and in 1840 there were 3. These slaves, after 1787, were held in defiance of the law.

9. The First Newspaper.

The first newspaper published in the State was called "The Indiana Gazette," and was first published at Vincennes, July 4, 1804. Three years later its name was changed to the "Western Sun." Complete copies of these papers are still in existence. Their first editor was Elihu Stout, a man whose name is connected with much of the early history of this State, for he was a long time the State Printer.

10. Tippecanoe Battle.

The only battle of any prominence in history, that has been fought in Indiana, except the capture of Vincennes by Col. Clark, was the Battle of Tippecanoe. In 1811 the Indians began to form a confederacy to drive the whites out of the State, or at least out of all except the extreme southern part. General William Henry Harrison, at the direction of the United States, marched with a force of nine hundred men into the Indian country. Early on the morning of November 7, 1811, he was surprised at a place where the army had encamped for the night, six miles northeast of the present site of Lafayette, on a rising piece of ground on the bank of a creek, now called "Burnett's Creek." After a severe battle with the Indians, they were defeated and their power in this State forever broken. The Americans lost 37 killed, and 151 wounded, 25 of whom afterwards died of their wounds. The State has long owned this Battle Ground. The present constitution makes it the duty of the General Assembly to provide for its permanent inclosure and preservation. This has been done, and a high iron fence incloses the site of the battle. In one grave on this ground many of the whites that were slain were buried.

11. Becoming a State.

By the year 1815 Indiana had enough inhabitants to become a State. A census was taken and it was found that the number was 63,897. On December 14, 1815, the Territorial Legislature petitioned Congress that the Territory be admitted as a State; and on April 19, 1816, Congress passed a law defining the boundaries of the proposed State, and providing for the election of representatives to form a constitution for it. The election was held on the second Monday of the following month. The representatives thus elected met at Cory don June 10, and formed the State's first constitution, known as the "Constitution of 1816. " As the weather was warm most of their sessions were held under a great elm tree, still standing in that town.

The Convention completed its work in eighteen days. The last day of the session it accepted the propositions contained in the Act of Congress of April 19th. On the first Monday of August, of the same year, a general election for State officers and members of the General Assembly was held. Jonathan Jennings was chosen Governor; and thus became the first Governor of the State. William Henry Harrison, as has been stated, was the first Governor of Indiana Territory. On the 7th the Governor was sworn into office. The General Assembly met on November 9th, and elected James Noble and Wallace Taylor as Indiana's first United States Senators. On December 11th, 1816, Indiana was formally admitted by Congress as one of the United State?.

12. The State of Indiana.

The State of Indiana is 276 miles long in its extreme length, and has an average width of 140 miles. It has 36,350 square miles of territory, of which 440 are water and 35,910 land. All this vast territory was purchased from the Indians under treaties, except a few thousand acres around Vincennes, which the Indians gave to the French settlers of that place. The first treaty was August 3, 1795, known as the "Treaty of Greenville," and the last, June 10th, 1872. The total number of treaties are fifty-four. In many places in the State are regions called "reserves." These are places the Indians reserved, for themselves; but in time they sold nearly all of these to the whites. These reserves are more numerous along the Wabash river than elsewhere. The greatest extent of territory purchased of the Indians at one time lay in the center of the State, and included the present site of Indianapolis. It is known in history as the "New Purchase. ' '

13. The Seat of Government.

The seat of government continued at Corydon after the constitution was adopted. In the Act of Congress of 1816 for the forming of Indiana as a State, the United States gave the State four sections of land, amounting to 2,560 acres, for a new capital. In 1820 commissioners were appointed by the State to locate the site of the new capital; and they selected four sections where the city of Indianapolis is now situated. The State laid off the town. At that time the nearest white settlement was Connersville, sixty miles away. In 1825 the government formally moved to the new capital, the records being hauled in wagons, it taking ten days to make the trip. A new court-house had been built at Indianapolis, and in it the Legislature held its sessions for ten years. Several of the State officers also had their offices in this court-house. It was built by the State. In 1835 a new brick State-House, at the cost of $60,000, was completed. It stood on the site of the present State-House, and at the time of its completion was the finest building in the West. This building was the place in which were held the sessions of the General Assembly for forty years, when it became unsafe for further use. In 1877, the session of that body was held in the new court-house at Indianapolis; and so continued to be held there until 1887, when the present State-House was completed. It took ten years to build it and it cost $1,980,- 969.00. The State-House grounds occupy two squares — nearly ten acres in area. In it all the State officers have their offices. The Legislature meets there, the Senate and House of Representatives each having their respective chambers or halls; and there the Supreme and Appellate Courts meet, each having separate court-rooms; and in it are kept the general library of the State and the Supreme Court law library. The extreme length of the State-House is 496 feet; and the extreme width 285 feet. To the top of the dome is 234 feet.

14-. The Early Churches.

As early as April 21, 1749, there was a church at Vincennes, built of logs stood on end close together, and the cracks or interstices filled with clay, called ' ' daubing. ' ' It was a Catholic church, and continued to be the first church building until 1802, when a Methodist church was built of logs two miles from Charlestown. This church is still standing. In 1804 a Baptist church was built on Silver Creek near Charlestown; and in 1815 a Presbyterian church near Vincennes. Of course church services were held long before these buildings were erected; and church organizations had been formed before any churches were built.

15. Roads and Canals.

At first there were few roads in the State; but in time many were cut through the thick forests. The construction of the most important road was begun by the National Government, and was called the "National Road." It really began at Baltimore, Md. , passed through Frederick and Cumberland of that State, through Columbus, Ohio, and then through Richmond, Cambridge, Greenfield, Indianapolis, Danville, Greencastle and Terre Haute. It was laid out through Illinois to St. Louis, Mo., but never completed.; in fact, it was never completed through western Indiana. At Indianapolis it passed along Washington street, by the capitol and across White River over a bridge still standing. Another important road was called the "Michigan Road." This road was built by the State. It began at Madison, on the Ohio river, passed through Indianapolis and Logansport to Michigan City on Lake Michigan. Part of the way it was made a plank road. For the construction of this highway the United States gave the State 170,000 acres of land. In 1827 the United States also gave the State several thousand acres of land with which to build a canal through the State. The State of Ohio undertook to build a canal to the Indiana line. Indiana then constructed a canal, beginning with the Ohio canal, through Ft. Wayne and down the Wabash river through the principal towns. Before reaching the Ohio river, the canal passed to the east of the Wabash, and terminated at the city of Evansville. This canal was a useful medium for the transportation of grain, merchandise and passengers, until superseded by railroads. It was called the 1 ■ Wabash and Erie Canal. ' ' The State built a portion of another projected canal at Indianapolis, about twenty miles in length, called ' ' Central Canal, ' ' but it was so short that it was never used. In 1836 the State began the construction of a railroad, the first in the State, running from Madison to Indianapolis. It sold the road long before it was completed. It took ten years for this railroad to reach the city of Indianapolis; and it at once formed an outlet for the produce of Central Indiana.

Chapter II. The Present Constitution— Bill Of Rights

1. The Adoption of the Constitution.

The present constitution was adopted August 4, 1851, and went into force November first of the same year. A constitution is a very different thing from a statute : the former is adopted by the voters of the State, the latter by the Legislature. When the Legislature is of the opinion that there should be a new constitution, it adopts or passes a law providing for the election of delegates to a convention, called a "Constitutional Convention." These delegates are selected by the voters in each county, usually at least one delegate for a county. The counties having a large population are generally given more than one delegate. In the convention of 1851 the number of members was equal to the total number of senators and representatives of the General Assembly, and they were elected from the Senatorial and Representative districts. These delegates all sit together; they are not divided into two houses like the Legislature. After being organized, by the administering of an oath to the members, the convention proceeds to elect a presiding officer, a secretary and other necessary officers. After this it proceeds very much like the Legislature, if it were in session and composed of only one house or body. When the convention has drawn up the proposed constitution to its satisfaction, it adjourns, never to meet again. The Legislature then provides hy law, if it has not already done so, for the submission of the proposed constitution to the voters of the State, for as yet it is not a law, it is not in force. An election is then held, and the voters or electors of the State on the day fixed for it, cast their votes or ballots for or against the proposed constitution. Those who favor its adoption vote a ballot having printed on it the word "Yes;" and those who oppose it, vote "No." Sometimes the words "Yes" and "No" are both printed on the ballot, and the voter indicates how he desires to vote by placing a mark in the shape of a cross opposite one of these words. If a majority of all those voting have voted "Yes," the constitution is adopted; and if not, it has been rejected. In the latter instance it never becomes a law ; in the former it either goes into force at once, or at a time fixed at a date named in it. This is the way our present constitution was adopted.

2. The Amendment of the Constitution.

The present constitution may be amended or changed; but the process is tedious. If the Legislature thinks that it ought to be amended, each house adopts a resolution, providing in what particular part it shall be amended or changed. This resolution is printed with the laws or statutes adopted by that session of the Legislature, and also set out at full length on the journals of each house. If each house at the next Legislature, held two years afterward, ratify the same resolution (it cannot change it), a law is then passed for the submission of the proposed amendment to the voters of the State, for their adoption or rejection of the proposed change. If it is not thus ratified, no further proceedings are taken. These voters vote for or against the proposed amendment, usually at some general election. If a majority of those Voting on the question cast their ballots for the change, then the constitution is amended; but if a majority vote against it, there is no change.

3. The Force of the Constitution.

A constitution for a State provides the general outlines of its government. It usually provides how certain things must be done, and forbids the performance of certain other things. It creates certain offices and these are known as ' 'Constitutional Offices." The Legislature may, however, create airv other office it sees fit ; but it cannot create an office that will take the place of a constitutional office. It cannot change or repeal any part of the constitution ; that can only be done in the manner described in the last section. A constitution always provides that certain things shall not be done by the Legislature; and if that body disobey these provisions, its laws or statutes will be void. Sometimes it is difficult to tell whether a certain statute for this reason is or is not void ; and then the Supreme Court is usually called upon to decide the question. Its decision is binding upon the Legislature, all the courts of the State, all officers and all persons. It often happens that many years go by before it is discovered or decided that a statute is void. A statute is always adopted or enacted by the Legislature ; and for or against its adoption the people never vote. They may demand of their representatives or members of the Legislature that they adopt a proposed law or repeal one already adopted, but these representatives or members are not bound to pay any attention to the demand. The constitution is a "law" and is often called the "Fundamental Law of the State." It cannot, however, contravene or be in conflict with the Constitution of the United States, or a law enacted by Congress in pursuance with the provisions of that instrument, nor with a treaty of the United States with a foreign country. If any of its provisions be so in conflict, they will be void. If there is or is not such a conflict the Supreme Court of the State or of the United States usually decides the question ; and this decision is binding upon all persons and officers. If our State Supreme Court decides one way and the Supreme Court of the United States differently, the decision of the latter court controls, and only its decision is binding; and it must be followed.

4. The Bill of Rights.

The "Bill of Rights" is contained in the present constitution, usually called the "Constitution of 1851." Nearly every State constitution has a bill of rights, although the Constitution of the United States has none. The first thirtyseven sections of our present constitution contains our Bill of Rights. The Bill of Rights is so called because it embraces, or contains provisions concerning certain rights that are declared to belong to the people, and which shall never be taken from them. These provisions are a protection for the people in their liberty, rights and property as against Legislature, the courts and the officers of the State. Many of these provisions we have inherited from our English ancestors. Many are taken almost literally from the Great Charter (usually called the "Magna Charta") of Great Britain, granted by King John to his subjects in 1215, after he had been forced to do so. It is also called the "Charter of English Liberty."

5. Natural Rights.

The first provision of the Bill of Rights is a declaration that ' ' all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among them are life, liberty, and the pursuit of happiness." These provisions are taken directly from the Declaration of Independence. When it is said that all men are ' ' created equal, ' ' it is not meant that they have the same amount of wealth or property, or that one man is created with the same mental capacity or power as another. One man may be born with greater powers of mind than another ; and here there is nothing that a government can do to make them equal. By the phrase "created equal" is meant that one man has just the same rights before the law as another ; that a poor man has exactly the same rights as a rich man, or a weak man as a strong man; and such is the fact, although we often, for a time, forget it. If a rich man commit a crime, the law provides for him the same punishment it provides for a poor man committing the same crime ; and if he does not receive the same punishment it is the fault of the State's officers, the court or the jury, for they have the entire matter in their hands. The "unalienable rights" referred to above are "life, liberty, and the pursuit of happiness." By the use of the word "unalienable" is meant that a man can never legally give these away, — he cannot lawfully give or agree to give away his life, nor his liberty, nor his right to pursue or obtain happiness.