Isabella Carter
Indiana's current constitution, which was enacted in 1851, is the state's second constitution. It replaced Indiana's first constitution, which was created in 1816, after the U.S. Congress agreed to grant statehood to the former Indiana Territory. The 1851 constitution has been amended numerous times since its adoption. The process of revising the 1816 constitution began in 1848 when Governor James Whitcomb, members of the General Assembly, and Indiana voters called for a constitutional convention. In 1850, Indiana voters elected 150 delegates to the constitutional convention, which lasted from October 1850 to February 1851.
| Characteristics | Values |
|---|---|
| Date enacted | November 1, 1851 |
| Previous constitution | 1816 |
| Number of amendments since adoption | 46 |
| Number of articles | 16 |
| Number of delegates | 150 |
| Number of delegates with legal training | 79 |
| Number of farmer delegates | (42% of 150) 63 |
| Number of lawyer delegates | (25% of 150) 38 |
| Number of physician delegates | (12% of 150) 18 |
| Number of native Hoosiers | 13 |
| Number of Southern-born delegates | 75 |
| Number of days of convention | 127 |
| Date of completion | February 10, 1851 |
| Suffrage | Extended to foreign immigrants with the intention to become US citizens |
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What You'll Learn
The 1816 Constitution
Indiana's first constitution was created in 1816, after the U.S. Congress had agreed to grant statehood to the former Indiana Territory. The constitution was drafted by a delegation of forty-three delegates (including Benjamin Parke, who arrived on June 14) who convened at Corydon, Indiana, on June 10, 1816. Jonathan Jennings, who presided over the convention and was later elected Indiana's first governor, appointed the delegates to various committees.
The delegation's basic tasks included selecting presiding officers, adopting a set of convention rules, meeting in committees and as a whole group to discuss proposed articles for the new constitution, and adopting a final version of the document. Thirty-four of the elected delegates agreed on the issue of statehood and, on June 11, they passed a resolution (34 to 8) to proceed with the task of writing the state's first constitution and forming a state government.
At the time, slavery had become a major and divisive issue in the territory. Two major factions emerged: an anti-slavery/pro-democracy group led by Jennings, and a pro-slavery/less democratic group led by allies of former territorial governor and future U.S. president William Henry Harrison. Supporters of Indiana statehood (the pro-Jennings faction) favoured democracy, the election of state officials, and voting representation in Congress. Harrison's allies supported slavery within the territory and maintaining Indiana's territorial status with a federally appointed governor. The anti-slavery faction preparing for statehood hoped to institute a constitutional ban on slavery.
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The push for a new constitution
Indiana's first constitution was created in 1816, after the U.S. Congress agreed to grant statehood to the former Indiana Territory. The constitution was drafted by a delegation of 43 delegates, led by Jonathan Jennings, who was later elected the first governor of Indiana. The delegation included notable members like Franklin County delegates James Noble and Robert Hanna. The delegates assembled in Corydon in June 1816 and passed a resolution to proceed with the task of writing the state's first constitution and forming a state government.
However, over the next three decades, Indiana underwent significant changes, including a rapid increase in population, a diversifying economy, and a more complex society. These developments led to a growing sentiment among Hoosiers that their constitution needed to be revised to address the emerging issues and prepare the state for the future. Between 1820 and 1847, there were fifteen attempts to call for a constitutional convention, with five of these attempts succeeding in bringing the matter to a referendum vote.
The 1851 Indiana Constitution, which is still in effect today, has been amended numerous times since its adoption. It extended voting rights to foreign immigrants intending to become U.S. citizens and residing in the country and Indiana for a specified period. However, suffrage continued to be denied to women and blacks, and Article 13 of the constitution specifically excluded the settlement of "negro or mulatto" individuals in the state, reflecting the prevailing racist attitudes of the time.
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The 1850-1851 convention
Indiana's second constitution, enacted in 1851, was the result of a convention that took place between 1850 and 1851. The process began in 1848 when Governor James Whitcomb, the Indiana General Assembly, and Indiana voters called for a constitutional convention. The state legislature approved a referendum in January 1849, and in the August 1849 elections, Indiana voters showed their support for a convention, with 81,500 votes in favour and 57,418 opposed.
Indiana voters selected 150 delegates for the convention, with 95 Democrats and 55 Whigs among them. The delegates included farmers, lawyers, physicians, and lawmakers, with diverse backgrounds in terms of place of birth and political experience. The convention began on October 7, 1850, in the Hall of the House of Representatives in Indianapolis. The delegates spent 127 days in sessions, finalising their work and adjourning on February 10, 1851.
The 1851 constitution addressed various concerns that had emerged since the state's original constitution in 1816. It was not a radical departure from the previous document but included proposals from the delegates and ideas from other states' constitutions, reflecting the principles of Jacksonian democracy. The revised constitution covered topics such as individual rights, private enterprise, and government structure, with provisions for a republican form of government, a bill of rights, suffrage, elections, and a state militia.
The delegates mandated that the new constitution would go into effect on November 1, 1851, if approved by a majority of Indiana voters. The constitution was submitted to voters for approval in the August 4, 1851, general election, with Article 13, which prohibited African American immigration to Indiana, considered separately from the other sections. Overall, the 1851 constitution received strong support from Indiana voters, marking a significant step in the state's democratic process.
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The 1851 Constitution
Indiana's 1851 Constitution is the state's second constitution, enacted on November 1, 1851. It superseded the state's first constitution, which was created in 1816, and has since been amended numerous times.
The process of revising the constitution began in 1848 when Governor James Whitcomb, members of the General Assembly, and Indiana voters called for a constitutional convention. Between 1820 and 1847, Hoosiers had attempted fifteen times to call such a convention, succeeding in putting the matter to a referendum vote on five occasions. In August 1849, Indiana voters were presented with the issue during statewide elections, with 81,500 votes in favour and 57,418 opposed. The legislation to call a convention was approved by Governor Joseph Wright in January 1850, and 150 delegates were elected to the constitutional convention of 1850-1851.
The delegates assembled in the Hall of the House of Representatives in Indianapolis on October 7, 1850, and their work lasted 127 days before they adjourned on February 10, 1851. Of the 150 delegates, 95 were Democrats and 55 were Whigs. 42% were farmers, 25% were lawyers, and 12% were physicians. Only 13 of the delegates were native Hoosiers, while half were Southern-born. 79 of the men had previous experience as lawmakers.
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Amendments
Indiana's current constitution, which came into effect on November 1, 1851, is the state's second constitution. It has been amended numerous times since its adoption. The constitution is composed of a preamble, articles, and amendments.
The Indiana General Assembly may amend the constitution, subject to ratification by a popular vote, as specified in Article 16 of Indiana's 1851 constitution. Between 1820 and 1847, Hoosiers made 15 attempts to call a convention to revise their constitution, and they were successful five times in bringing the matter to a referendum vote. It was not until 1848, however, that Governor James Whitcomb, members of the General Assembly, and Indiana voters united in a call for a constitutional convention. The Indiana voters selected 150 delegates for the constitutional convention of 1850-1851, and these delegates assembled in the Hall of the House of Representatives in Indianapolis on October 7, 1850. They completed their work and adjourned on February 10, 1851.
The 1851 constitution extended the right to vote to foreign immigrants who intended to become US citizens and had resided in the country for a year and in Indiana for six months. However, suffrage continued to be denied to women and Black people. The constitution legitimized 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 the growing antipathy of Hoosiers towards Black people due to increased tensions over slavery and the fear of racial intermixing.
The Indiana Constitution has been amended 46 times since 1850. Voters last approved a new amendment on November 5, 2024, when they voted to adopt the "Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment."
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Frequently asked questions
Between 1820 and 1847, Hoosiers attempted 15 times to call for a convention to revise the constitution. The population growth, economic changes, and societal complexity of Indiana during this time necessitated a constitutional revision.
Indiana voters selected 150 delegates for the constitutional convention of 1850-1851. 95 were Democrats, and 55 were Whigs. 42% were farmers, 25% were lawyers, and 12% were physicians. 79 of the men had previous experience as lawmakers.
The 1851 Constitution extended the right to vote to foreign immigrants who intended to become US citizens and had resided in the country for one year and in Indiana for six months. However, suffrage was still denied to women and Black people.
The 1851 Constitution is the highest body of state law in Indiana and is still in place today. It establishes Indiana's structure and function and is based on federalism and Jacksonian democracy.
