Simone Lawson
In 1851, Indiana and Ohio drafted new constitutions to address issues with the original state constitutions. The Indiana Constitution of 1851 was drafted by 150 delegates, 95 Democrats and 55 Whigs, who assembled in the Hall of the House of Representatives in Indianapolis on October 7, 1850. The Ohio Constitution of 1851 addressed problem areas by instituting debt limits, requiring the election of major executive officials, and creating district courts. The Indiana Constitution of 1851, on the other hand, did not significantly alter the existing form of the state government but addressed numerous concerns, including reducing the costs of state government and encouraging concentrated legislative efforts.
| Characteristics | Values |
|---|---|
| Addressing concerns and problems | Reducing the costs of state government and encouraging concentrated legislative efforts by the Assembly |
| Preventing elected representatives from engaging in unnecessary and questionable "special interest" and local legislation | |
| Biennial sessions of sixty-one days for the General Assembly | Limited to 61 days |
| Special sessions | Limited to 40 days |
| Legitimizing racism | Article 13 stated: "No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution." |
| Reflected a growing antipathy of Hoosiers toward blacks due to increased tensions over the issue of slavery and the fear of racial intermixing | |
| Demonstrated the strength of the exclusion and colonization movements, which sought to remove blacks to Africa | |
| Hoosier voters approved the exclusion of blacks from the state by a vote of 113,828 to 21,873 | |
| Population growth | From approximately 64,000 in 1816 to 988,000 by 1850 |
| Economy | Moved beyond pioneer subsistence to a more diverse, specialized system which depended upon mercantile, manufacturing, and agricultural production |
| Instituted debt limits | |
| Required election of major executive officials | |
| Created district courts | |
| Required major executive officials to be elected into office |
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What You'll Learn
Biennial sessions of the General Assembly were adopted
The 1851 Constitution of Indiana was drafted to address several concerns and problems that had emerged during the formative years of the state. Biennial sessions of the General Assembly were adopted, replacing annual sessions. The delegates adopted biennial sessions of sixty-one days for the General Assembly, with special sessions limited to forty days. This change aimed to reduce the costs of state government and encourage concentrated legislative efforts by the Assembly. It was intended to prevent elected representatives from engaging in unnecessary or questionable "special interest" and local legislation.
The constitution-drafting process began with delegates assembling in the Hall of the House of Representatives in Indianapolis on October 7, 1850. They deliberated for 127 days before completing their work and adjourning on February 10, 1851. The resulting constitution was not a radical departure from the original document, but it addressed specific concerns.
The biennial sessions of the General Assembly were one aspect of these deliberations. This change was supported by Indiana voters, who favoured a referendum for a new state constitution in 1846 and 1849. The referendum was signed into action by Governor Paris C. Dunning in January 1849, demonstrating the popular will for change.
The 1851 Constitution of Indiana also included other changes, such as giving more power to the Senate, allowing senators to introduce legislation, and amending the budget bill. Additionally, it preserved popular democratic government for adult white males and expanded the bill of rights in Article 1. The constitution addressed longstanding sectional differences within the Commonwealth of Virginia, although it ultimately could not prevent the Civil War.
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Special sessions were limited to 40 days
The 1851 Indiana Constitution was drafted by 150 delegates—95 Democrats and 55 Whigs—who assembled in the Hall of the House of Representatives in Indianapolis on 7 October 1850. The delegates deliberated for 127 days before completing their work and adjourning on 10 February 1851.
The 1851 Constitution was not a radical revision of the original document, nor did it significantly alter Indiana's existing form of state government. Instead, it addressed numerous concerns and problems that had emerged during the state's formative years. One such issue was the cost of state government and the perceived inefficiency of the General Assembly. To address this, the 1851 Constitution stipulated that the General Assembly would meet for biennial sessions of sixty-one days and that special sessions would be limited to forty days. This was intended to reduce costs and encourage concentrated legislative efforts, thereby preventing elected representatives from engaging in unnecessary or questionable "special interest" and local legislation.
The 40-day limit on special sessions was part of a broader effort to curb government spending and increase the efficiency of the legislative process. By limiting the duration of special sessions, the Constitution aimed to prevent unnecessary legislation and reduce the financial burden on the state. This measure was particularly important given the state's history of debt, much of which was incurred from the Ohio Loan Law of 1837, which required Indiana to provide financial aid to canal, railroad, and turnpike companies.
The 1851 Constitution also included other provisions to address the issue of government spending. For example, the Constitution stipulated that any spending by the General Assembly must be for a specific appropriation and could only be made for a period of up to two years. This limited the Assembly's ability to abuse its power and incur excessive debt. Additionally, the Constitution increased the number of elected officials, including judges, treasurers, auditors, and the secretary of state, giving citizens more direct power over government officials.
Overall, the 40-day limit on special sessions in the 1851 Indiana Constitution was a significant measure to address concerns about government spending and efficiency. By limiting the duration of special sessions and implementing other financial safeguards, the Constitution aimed to reduce costs and improve the functioning of the state government.
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Addressed racism and the exclusion of Black people
The 1851 Constitution of Indiana, while not a radical revision of the original document, addressed the issue of racism and the exclusion of Black people by legitimizing a special form of racism in Article 13, which stated: "No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution." This reflected a growing antipathy of Hoosiers toward Blacks due to increased tensions over slavery and the fear of racial intermixing. The exclusion of Blacks from the state was approved by a significant majority of voters, indicating a strong anti-Black sentiment in Indiana and across the nation at the time.
The 1851 Constitution was dedicated to preserving democratic government and citizen rights, but this was primarily limited to adult white males. The basic constitutional document has remained intact and continues to serve as a symbol of political continuity, tradition, and popular democratic government in Indiana.
In addition to Indiana, other states such as Oregon, Illinois, and Ohio also passed exclusion laws against African Americans during the mid-19th century. Oregon's exclusion clause, approved in 1857, was particularly notable as it was the only free state admitted to the Union with such a clause in its constitution. The exclusion laws in these states were often justified by arguments that African Americans could not vote and that their presence might lead to "long and bloody wars" with Native Americans.
The 1851 Indiana Constitution, while not unique in its time for excluding Black people, stands out for the explicit racism legitimized by Article 13. The strong approval of this Constitution by voters highlights the pervasive anti-Black sentiment in Indiana and across the nation during this period.
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Improved judicial efficiency
The 1851 Ohio Constitution was drafted to address the shortcomings of the previous constitution, which had led to an overburdened judicial branch. The new constitution aimed to improve judicial efficiency through several measures, including the establishment of district courts and the election of major executive officials.
Firstly, the constitution created district courts to reduce the caseload on the Ohio Supreme Court. This addition of a third level of courts between the Supreme Court and the lower courts allowed for more efficient handling of cases at a local level. The establishment of these courts was a strategic response to the growing population and complexity of legal cases in Ohio, ensuring that the Supreme Court would not be overwhelmed and that cases could be resolved faster and more efficiently.
Secondly, the 1851 Constitution required the election of major executive officials and all judges by popular vote. This measure helped to distribute power more evenly and address the issue of an overly powerful legislative branch. By giving voters a direct say in who holds these important positions, the constitution increased democratic participation and reduced the concentration of power in the hands of a few.
The 1851 Constitution also instituted debt limits to control and limit the amount of debt the state could incur. This addressed the problem of heavy state debt and ensured that future financial obligations would be more manageable. By setting these limits, the constitution aimed to prevent the state from accumulating unsustainable debt levels and improve the overall financial stability of the government.
Overall, the 1851 Ohio Constitution implemented several reforms to enhance judicial efficiency and address the issues of the previous constitution. By establishing district courts, electing executive officials and judges, and instituting debt limits, the constitution improved the effectiveness and accessibility of the judicial system in Ohio. These changes helped to rebalance power among the branches of government and ensured better access to justice for the state's residents.
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Required election of major executive officials
The 1851 Constitution of Ohio addressed the issue of requiring the election of major executive officials by instituting several changes. Firstly, it required that major executive officials, such as the Attorney General and Secretary of State, be elected into office by popular vote, rather than appointed. This was a significant shift from the previous constitution, where voters had little influence over who held these executive offices.
The 1851 Constitution also created district courts to help reduce the caseload burden on the Supreme Court. This change indirectly addressed the issue of executive officials by providing a new level of courts to handle cases before they reached the Supreme Court, thereby improving judicial efficiency and reducing the power of the legislative branch.
Additionally, the 1851 Constitution limited the power of the General Assembly, which previously had significant influence over executive appointments and patronage. By restricting the Assembly's power to grant special privileges and immunities, as well as limiting its patronage power and control over legislative districts, the new constitution reduced its influence and rebalanced state government power.
The changes implemented by the 1851 Constitution were aimed at addressing specific government inefficiencies and improving the functioning of the executive and judicial branches. These amendments increased citizen power by allowing them to directly elect more government officials and judges, strengthening their influence over the state's leadership.
Overall, the 1851 Constitution of Ohio made significant strides towards addressing the issue of requiring the election of major executive officials. By transferring the appointment power for key executive positions to the people, creating additional courts, and limiting the power of the legislative branch, the constitution helped to rebalance the state's government and improve its efficiency.
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Frequently asked questions
The 1851 Indiana Constitution addressed the issues of the previous constitution by adopting biennial sessions of sixty-one days for the General Assembly and limiting special sessions to forty days. This was intended to reduce the costs of state government and encourage concentrated legislative efforts.
The reasons for revising the 1816 Indiana Constitution were the state's growing population, economic diversification, and societal complexity. Hoosiers recognized the need to address the problems that had emerged during the early years of statehood and to prepare for the future.
The 1851 Ohio Constitution introduced several key changes, including instituting debt limits, requiring the election of major executive officials, and creating district courts. These changes aimed to rebalance state government power and improve judicial efficiency.
The 1851 Ohio Constitution is recognized for its significant amendments that targeted specific government inefficiencies. It helped to rebalance power among the branches of government, address administrative issues, and improve governance effectiveness and accountability. The constitution has ruled Ohio ever since.
