same be signed by the president and attested by the secretary; and by the president forwarded, one copy to the president of the United States, one copy to the president of the senate, and another copy to the speaker of the house of representatives.8

49.

82

Transmission of Constitution to President and Congress (June 28, 1816).

[Convention Journal, 68.]

Resolved, That the president of this convention do forward one printed copy of the constitution to the president of the United States, one to the president of the senate, and one to the speaker of the house of representatives of congress.

50. Printing and Distribution of Constitution and Journals (June 28 and 29, 1816).

[Convention Journal, 67.]

Resolved, That this convention recommend to the early attention of the first general assembly of the State of Indiana, the necessity of making appropriations to pay for the printing of the journals of the convention, and constitution of the state.83

[Convention Journal, 67.]

Resolved, That the committee appointed to contract for printing the constitution and journals of this convention, be authorised to have them, when printed, stitched and forwarded to the several counties, to wit: To each member of this convention, eleven copies; to each of the secretaries, two copies; and the residue to be lodged in the secretary's office, for the use of the state.

[Convention Journal, 68.]

Resolved, That there shall be two complete copies of the constitution of Indiana, one of which shall be lodged with the presi

82. On January 9, 1817, the President of the United States Senate laid before the Senate a letter from Jonathan Jennings, the president of the Convention, with a copy of the Indiana Constitution. (Annals, 14th Congress, 2d Session, 55.)

83.

The first General Assembly appropriated $200 to pay Mann Butler for printing and stitching the Constitution and Journals. (Laws, 1st Session, 239.) On December 15, 1817, a communication from Mann Butler, concerning the printing and binding of the Constitution and the Journals was presented to the House and referred to the Ways and Means Committee for consideration; this Committee, on December 30, reported that $200 had already been paid for this work and that the claim ought not to be paid again, a conclusion in which the House concurred. (House Journal, 2d Session, 54 and 104.) At the 3d session a similar claim was before the House and was again rejected. (House Journal, 3d Session, 165 and 205.)

dent of the convention, to be kept by him until the meeting of the first general assembly, at which time the constitution shall be laid before them, and to be disposed of in such manner as they may direct.84

[Convention Journal, 69.]

Resolved, That Messrs. James Lemon and Robert A. New, be appointed as a committee to superintend the printing of the constitution of the State of Indiana; and that they report to the first general assembly.85

51. Compensation of Officers of Convention (June 28, 1816).

[Convention Journal, 67.]

Resolved, That there be allowed to the secretary of this convention, the sum of three dollars and fifty cents per day; to the assistant secretaries each, three dollars and fifty cents per day; to the door keeper, the sum of one dollar and fifty cents per day; and to the assistant door keeper, one dollar and fifty cents per day, for their services respectively, during their attendance on this convention, and that the general assembly shall provide by law for the payment of the said officers, respectively; which services shall be certified by the president of this convention.86

52.

Harrison County Library (June 28, 1816).

[Convention Journal, 68.]

Resolved, That it be recommended to the general assembly of the State of Indiana, to appropriate the money voluntarily given by the citizens of Harrison county to the state, to the purchase of books for a library for the use of the legislature and other officers of government; and that the said general assembly will, from time to time, make such other appropriations for the increase of said library, as they may deem necessary.

53. Slavery and Exemption from Military Service (June 13, 1816).

The only important petitions presented to the Convention by the citizens of the territory were submitted on June 13, by the inhabitants of

84. On November 11, 1816, at the first session, the Governor delivered a copy of the Constitution to the Senate and the Senate ordered this copy deposited with the Secretary of State for safe-keeping. (Senate Journal, 1st Session, 20.)

85. The report of Messrs. Lemon and New was made to the House at the 1st. Session on December 28, 1816. (House Journal, 1st Session, 105.)

86. By an act of December 27, 1816, the secretaries were allowed $3.50 per day and the Door-keepers $2.00 per day. (Laws, 1st Session, 239.)

Wayne county, recommending constitutional provisions prohibiting the introduction of slavery, and granting the Quakers exemption from military duty in time of peace. The former was referred to the Committee on General Provisions, and the latter to the Committee on Military Affairs.

[Convention Journal, 19.]

Ordered, That so much of said memorial as relates to said. society of friends, be referred to the Committee on Military Affairs; and that so much of said memorial as relates to the subject of slavery, be referred to the Committee relative to General Provisions.

54. Official Notice of First Election in State of Indiana (June 29, 1816).

In conformity with the provisions of the Constitution, Jonathan Jennings, the President of the Convention issued the following official notice to the sheriffs of the several counties of the State authorizing and requiring them to give due notice of the first state election to be held on the first Monday in August, 1816.

[Western Sun, July 6, 1816.]

THE STATE OF INDIANA

To the Sheriff of Knox county, Greeting:

Whereas the convention of the said state of Indiana, by the 8th section of the 12th article of the Constitution of the said state, did order and direct that the president of the said convention, should issue writs of election to the sheriffs of the respective counties in the said state of Indiana, requiring and commanding the said sheriffs to proceed on the first Monday in August next, to the election of the various officers in the said section specified.

Now, therefore, know ye, that I, Jonathan Jennings, President of the said convention, do hereby require and command you, that you proceed to notify according to law, the qualified electors within your bailiwick, that they meet at the usual places of holding elections within the said county, on the first Monday in August next, and do then and there on the said day, proceed agreeably to the existing laws of the territory, to elect one Governor, one Lieutenant Governor, one Representative to represent the said state in the Congress of the United States; one Senator and three representatives, to represent the said county of Knox in the General Assembly of the said state; one Sheriff and one Coroner, for the said county of Knox, and make return of the said election as the law directs, enclosed and sealed up, directed to the speaker of

the House of Representatives of the said state at Corydon; herein fail not. Given under my hand and seal this 29th day of June A.D. 1816. JONATHAN JENNINGS, President of the Convention.

55. Official Election Notice in Knox County (July 4, 1816).

In compliance with the order issued by Jonathan Jennings, President of the Convention, the Sheriff of Knox county issued the following election notice to the voters of Knox county on July 4, 1816.

State of Indiana,

Knox County.

[Western Sun, July 6, 1816.]

By virtue of a writ of election to me directed by Jonathan Jennings, President of the Convention, I do hereby give notice that an election will be holden on the first Monday in August next in the several townships throughout this county at their respective appointed places-the election to be holden under the Inspector, Judges and Clerks appointed and chosen for that purpose for the present year, agreeably to the now existing laws of the territory for one Governor, one Lieutenant Governor, one Representative to represent the state in the Congress of the U. States; one Senator and three Representatives to represent this county in the State Legislature; one Sheriff and one Coroner, for the said county of Knox; at which time and places, the Inspector, Judges, and Clerks aforesaid of each Township are hereby required to attend.

July 4, 1816.

56.

B. V. BECKES, Sheriff of Knox County.

Formal Admission of Indiana to Union (December 11, 1816). By the adoption of the Ordinance accepting the proposals of Congress and the framing and adoption of the Constitution, the Territory of Indiana had fully complied with all the requirements imposed upon her by the Enabling Act. Three things were necessary to procure her full admission to the Union and to enable her to participate fully in all the functions exercised by the other states. The first of these was a formal admission to the Union by act of Congress; the second was the admission of her senators and representatives to their respective houses; and, since the year 1816 was a presidential year, the third was the recognition of her electors. William Hendricks, the representative to the Lower House, encountered no opposition. He was sworn into office on December 2, 1816, the day on which Congress convened. The resolution prescribing the manner of electing senators was adopted by the General Assembly of the State on November 8, 1816 (Laws, 1st Session, 1816, 249), and the election of James Noble and Waller Taylor took place

the same day. (House Journal, 1st Session, 1816, 16.) On December 2, the President of the Senate communicated to that body the credentials of Senators-elect Noble and Taylor, which were referred to a select committee for consideration. On December 12, Noble and Taylor took the oath of office and were admitted to seats in the Senate.

The attempt to permit the Indiana electors to participate in the election of president and vice-president encountered considerable opposition. On November 13, 1816, the General Assembly of Indiana adopted a resolution prescribing the method of selecting presidential electors. (Laws, 1st Session, 1816, 251); and three electors were chosen on that day by a joint ballot of the two Houses. (House Journal, 1st Session, 1816, 23.) On February 12, 1817, the day designated by the constitution for counting the electoral vote, the Senators entered the Chamber of the House of Representatives for the purpose of counting the electoral vote. The seals of the votes were broken and the votes of all the states except Indiana were read and entered on the Journals of the two Houses. When the vote of Indiana was read, the proceedings were interrupted by Mr. John W. Taylor of New York, who arose to protest against the counting of the vote of Indiana for president and vice-president. Since the consideration of this question was regarded as unconstitutional in the joint meeting, it was unanimously agreed that the Senate should withdraw until the House had determined the matter to its satisfaction. In the course of the discussion in the House, Mr. Taylor, who was practically unsupported in his contention, advanced the argument that since the electors of Indiana had been chosen (November 13, 1816) before Indiana was declared to be formally admitted to the Union (December 11, 1816), its electoral vote should not be counted. Mr. Taylor admitted, however, that he did not know what would be the proper course to pursue. The representatives who took issue with Mr. Taylor, including Mr. John C. Calhoun, considered that the question was already settled, inasmuch as the representative (December 2, 1816), and both senators (December 12, 1816), had already been admitted to all the privileges of the other members of their respective Houses; that after the formal admission of the representatives of a state it was too late to question her right to participate in the election of president and vicepresident; that "from the moment the constitution of the state was assented to, she was entitled to all the privileges of an independent member of the Union;" and that the votes for electors had been given by the state assembly after the Territory had fully performed the condition required of it to become an independent state. During the progress of the discussion two joint resolutions were before the House. The adverse resolution, proposed by Mr. Taylor, was as follows:

"That the votes of Indiana, having been given previous to her admission into the Union, were illegal, and ought not to be received."

The resolution extending to the Indiana electors the right to participate in the election was proposed by Mr. Solomon P. Sharp of Kentucky, and was as follows:

"That the votes for Electors of the State of Indiana, for President and Vice-President of the United States were properly and legally given, and. ought to be counted."

Both resolutions were indefinitely postponed, the vote being "almost unanimous." Apparently the Senate had given the matter no consideration.