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or be not expedient, at that time, to form a constitution and State government.
Resolved, therefore, by the representatives of the people of Indiana, met in convention at Corydon, on the 10th day of June, A.D. 1816, that it is expedient, at this time, to proceed to form a constitution and State government.
44. Rules and Orders (June 11, 1816).
On June 10, a committee of five members was appointed to prepare rules for the government of the convention. Until the submission and adoption of this report, the rules for conducting business in the territorial legislature, as far as applicable, were observed. On June 11, the committee reported twenty-seven rules which were adopted. Several amendments were made; the rules in the amended form are not given, but it is reasonably clear from the context that the rules as given contain at least some of the corrections and amendments proposed.
[Convention Journal, 7.] I. The president shall take the chair every day at the hour to which the convention shall have adjourned on the preceding day; shall immediately call the members to order, and on the appearance of a quorum shall cause the journals of the preceding day to be read.
II. The president shall preserve decorum and order; may speak to points of order in preference to other members, rising from the chair for that purpose, and shall decide questions of order, subject to an appeal to the convention by any one member.
III. The president, rising from his seat, shall distinctly put the question in this form, viz. You who are of opinion that (as the case may be) say aye-contrary opinion, say no.
IV. If the president doubt, or a division be called for, the members shall divide: Those in the affirmative first rising from their seats, and afterwards those in the negative.
V. Any member may call for the statement of the question, which the president may give sitting.
VI. The president, with five members, shall be a sufficient number to adjourn; seven to call a house and send for absent members, and make an order for their censure or acquittal; and a majority of the whole number be a quorum to proceed to busiVII. When a member is about to speak in debate, or deliver any matter to the convention, he shall rise from his seat and respectfully address himself to Mr. President.
*The only amendment recorded was designed to strike out of the sixth article the following words: “consisting of two-thirds of the whole number elected." The amendment was adopted by a vote of 25-17. The amendment is manifestly ambiguous.
VIII. If any member, in speaking, or otherwise, transgress the rules, the president shall, or any member may, call to order, in which case, the member so called to order, shall immediately sit down, unless permitted to explain; and the convention shall, if applied to, decide on the case, but without debate. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the convention.
IX. When two or more happen to rise at the same time, the president shall name the person who is first to speak.
X. No member shall speak more than twice to the same question, without leave of the convention.
XI. Whilst the president is putting a question, or addressing the convention, none shall walk across the room; nor when a member is speaking enter on private discourse, or pass between him and the chair.
XII. No member shall vote on any question who was not present when the question was put.
XIII. Upon calls of the convention for taking the yeas and nays on any question, the names of the members shall be called alphabetically, and each member shall answer from his seat.
XIV. Any member shall have a right to call for the yeas and nays, provided he shall request it before the question is put.
XV. When a motion is made and recorded, it shall be stated by the president, or being in writing, shall be read aloud by the secretary, and every motion shall be reduced to writing if the president or any member request it.
XVI. Any member may call for a division of the question where the sense will admit of it.
XVII. Each member shall particularly forbear personal reflections, nor shall any member name another in argument or debate.
XVIII. After a motion is stated by the president, or read by the secretary, it shall be deemed in possession of the convention, but may be withdrawn at any time before the decision or amendment.
XIX. When a question is under debate, no motion shall be received unless it be the previous question, or for amending or committing the original motion or subject in debate.
XX. The previous question shall be in this form—"shall the main question be now put?" It shall only be admitted when demanded by three members, and until it is decided, shall preclude all amendment and further debate.
XXI. In taking the sense of the convention, a majority of the votes of the members present shall govern.
XXII. No resolution, section or article, in the constitution, shall be finally concluded and agreed upon until the same shall have been read on three several days, unless a majority of twothirds may think it necessary to dispense with this rule, which vote shall be decided without debate.
XXIII. The convention shall resolve itself into a committee of the whole when deemed necessary, and when in committee of the whole shall be governed by the foregoing rules, except that in committee of the whole any member may speak as often as he may think proper.
XXIV. The president shall appoint committees liable to addition or amendment on the motion of any member, unless otherwise directed by the convention.
XXV. A motion to adjourn shall always be in order, and be decided without debate.
XXVI. On all questions when the yeas and nays are demanded, the president shall vote.
XXVII. The president may at any time leave the chair, and nominate some member to take the chair, who shall preside during the absence of the president.
45. Ordinance Accepting Propositions Enumerated in Enabling
Act (June 27, 1816). By the terms of the Enabling Act of April 19, 1816, Congress submitted two important propositions to the convention, an approval of which was indispensable to the formation of an acceptable constitution and state government. The first of these propositions related to the ratification of the state boundaries, and the second to the exemption of public lands from taxation for a period of five years from and after December 1, 1816. The boundaries of the proposed State of Indiana were described in the Enabling Act, and the convention was required to ratify these prescribed boundaries, or failing to do so, the boundaries were to remain “as now prescribed by the ordinance for the government of the territory northwest of the river Ohio.” The second proposition was submitted to the convention for its free acceptance or rejection. Five subordinate propositions, however, depended on the concession by the State to exempt public lands from taxation as prescribed by Congress. These five subsidiary propositions were advantageous to the State and included the following important reservations: (1) reserving section sixteen in each township for the use of the common schools; (2) reserving all salt springs and lands appurtenant thereto, not exceeding thirty-six entire sections, to the use of the State; (3) reserving five per cent of the net proceeds of lands sold after December 1, 1816, for the construction of public roads and canals, three-fifths of all revenue so realized to be applied to the construction of intra-state roads and canals, under the direction of the State legislature, and two-fifths of such revenue to be applied to the construction of inter-state roads and canals, under the direction of Congress; (4) reserving one entire township for the support of a seminary of learning; and (5) reserving four sections of land for a seat of government of the new State. After mature consideration, the convention accepted all of these propositions without reservation. On June 21, the following resolution, after consideration by the committee of the whole, was adopted, without amendment, by a vote of 37-4.
[Convention Journal, 44.] Resolved, That a committee be appointed to prepare and report a resolution, accepting the propositions of Congress, as expressed in their act of the 19th April, 1816, both as regards the boundaries of the State and the donations.
On June 22, the President of the Convention appointed as this committee, James Dill, William H. Eads, Solomon Manwaring, Daniel C. Lane and James Smith, who reported a resolution the same day. This resolution was adopted, without amendment, by a vote of 36-5.
[Original Ordinance.] Be it ordained by the Representatives of the people of the Territory of Indiana, in convention met at Corydon, on Monday the tenth day of June, in the year of our Lord eighteen hundred and sixteen: 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 their act of the nineteenth day of April eighteen hundred and sixteen, Entitled "an act to enable the people of the Indiana Territory to form a State Government, and constitution, and for the admission of such state into the union, on an equal footing with the original States."
And we do, further for ourselves and our posterity, hereby ratify, confirm, and establish the boundaries of the said State of Indiana as fixed prescribed, laid down, and established in the act of Congress aforesaid; and we do also further for ourselves and our posterity, hereby agree, determine, declare and ordain; That each and every tract of land sold by the united States, lying within the said state and which shall be sold, from and after the first day of December next, shall be and remain exempt from any tax, laid by order or under any authority of the said State of Indiana, or by, or under the authority of the General Assembly thereof; whether for State County or Township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land; and we do moreover for ourselves, and our posterity, hereby declare and ordain that, this ordinance and every part thereof shall forever be, and remain irrevocable and inviolate without the consent of the united States in Congress assembled, first had and obtained for the alteration thereof, or any part thereof.
JONATHAN JENNINGS, June 29th, 1816-Attest.
President of the Convention. William Hendricks, Secretary.
46. The Constitution of 1816 (June 29).
Pursuant to a series of twelve resolutions submitted for the consideration of and adopted by the Convention on June 12, 1816, committees were appointed by the President to prepare and report to the Convention, articles on the following subjects: A bill of rights and preamble; the distribution of the powers of government; the legislative department; the executive department; the judicial department; impeachments; general provisions not properly comprehended in any other article; the mode of revising the constitution; the change of government, preservation of existing laws, and appeals fron territorial to State courts; education; militia; the elective franchise and elections. The members of these committees were appointed the same day. On June 13, a resolution was adopted providing for the appointment of a committee to prepare and report an article relative to prisons, which was appointed the same day. On June 13, the committee relative to impeachments was discharged from any further attention to the subject. On June 14, the Committee on Prisons was discharged from further consideration of the subject. On June 19, a resolution was adopted providing for the creation of a Committee on Banks and Banking Companies and another relative to the appointment of sheriffs, coroners, and other county officers. . The Banking Committee was appointed on June 20. The several articles as submitted by these committees, the amendments and additions made thereto on the floor of the Convention and in committee of the whole, and the Constitution as finally adopted, with the verbal and other changes recommended by the Committee on Revisions are here set forth.
1. Reported by Committee on Bill of Rights and Preamble on June 14. Considered in committee of the whole on June 19, amended and ordered engrossed. Read second time on June 21 and 22, and amended. Reported back to the convention on June 25 by the Committee on Revisions, and ordered engrossed for third reading. Read a third time and passed on June 27.