The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-07-14
THE CONSTITUTION MAKERS
The Men Who Framed the Organic
Law of the State.
Ancient History of Interest to the Present
Generation-How England Figured in
the Debates of That Day.
Written for tho Journal by W. W. Thornton.

written Tor the journal by w W. thornton.
1t is not every citizen of the State that Is
fortunate enough to possess a copy OF the de-
bates of the convention that formed the pres
ent constitution of our State. There is not
copy of them in the law library of the SUI
preme Court, and only one copy, it is be-
lieved in the State library. That copy is
well thumbed. Scattered here and there over
the State are few copies, but most of them
have disappeared in the waste-basket and
been sold for old paper. Every lawyer
knows their value in discussing questions
arising upon the construction of our consti-
tuition. Elliotts Constitutional Debates on
the framing and adoption of the constitu
ton of the United States are invaluable to
the historian and well-read constitu-
tional lawyer. So are those of our
own State to the historian and lawyer.
But $50 copies were printed. 1t was esti-
mated that the report of the debate would
make about 800 pages. They made 2, 107
pages, including the indices Harvey Fow-
Ter was the reporter appointed by Governor
Wright Austin H. Brown was appointed
printer to the convention. The cost of re-
porting and printing these debates was about
S. per volume, or SIG per copy.
The convention met in pursuance of the
act of the General Assembly, approved Jan,
49, 1850, on Monday, Oct 7, 1850, in the hall
of the House of Repres Ell tatives. On Dec.
26 it met in the Masonic Hall, having yielded
its former place of meeting to the Legis-
lature. Forty thousand dollars had been ap-
propriated by the General Assembly to pay
the expenses of the convention. Each mem
Der received So per day; nine doorkeepers
each the same amount per day. and the stem
ographer and his assistants, together $50
per day. The convention adjourned on Feb.
10, 1851, and consisted of $50 members Geo.
w. Carr, of Lawrence county, was chosen
president of the conventions; William H.
English mot a member) then of Scott
county, now of Marion, was chosen principal
secretary, and Robert NJ. Evans, of Foun-
tain; Harmon G. Barkwell of Perry,
and George L. Stiles, of Allen
county, were chosen assistant secretaries,
Samuel Mckenzie was appointed sergeant-at-
arms, and Samuel ]. johnson doorkeeper.
All the members of the convention, except
seven, who were not present, and all its
officers were sworn in by Hon. Isaac Black
ford, one of the justices of the Supreme
Court
Standing, as we do now, thirtytwo years
since that convention met, it is interesting
to look back at the men that were conspicu-
Gus in it. First on the list is James w.
| Borden, of Allen county, who died within a
year, being at his death judge of one OF the
courts of that county. No member was
more active than he. Horace P. BidIle was
from Cass. In him the convention had a fine
| jurist. Those who knew Judge Biddle as
nisi prius judge, knew him in his best days.
A few years after the convention he was
elected Supreme Court judge to fill the
vacancy caused by the resignation of Judge
| Stuart. The Supreme Court decided that
there was no vacancy at the time of the cleo
| ton, and that he was not duly elected. AS
a nisi prius Judge he was excelled by none;
as member of the highest tribunal of the
State, he did not reach the plane where the
expectations of his friends had placed him
| Had he exhibited the same ability there that
| he did on lower bench, he would have
stood among the foremost of the many
| who have filled the high position of
| Supreme Court Judge. Unfortunately for his
fame he is most widely known as a iurist
| by his opinion delivered in the case when
the second amendment to our constitution
was overthrown. He strongly opposed the
grand jury system in the convention. So he
was opposed to unlimited free banking.
! Upon these two subjects he took the most in
| terest.
Walter March, of Delaware, was member,
who has so recently died, and of whom an
eloquent tribute was recently published in
! h. al Ia t1xy Il tnl
form in the practice of the law, was in favor
of a new code; and, in a forcible speech on
| the Odd of January, successfully urged the ne
cessity of a reform upon the convention,
citing the Civil code of Justinian and Code
| Napoleon as instances of the success of codi-
! hcation.
William S. Holman was representative
from Dearborn county. In view of the
growing importance OF the question, it is in
teresting to note his decided stand upon the
rights of married women. Robert Dale
Owen introduced a resolution to the effect
! that women married after the adoption of
the constitution should have the right to ac-
quire and possess property to their sole use
and disposal, and that laws should be passed
securing to them all property, whether
owned before their marriage, acquired
afterwards by gift, descent, or de-
| vice. This was most reasonable
provision, but Mr.. Owen found in Mr.
| norman MS strongest opponent. According
to the latter such law would break asunder
| the marital relations OF husband and wife,
would desolate the firesides of thousands of
families, and would subject woman to all the
communicating influences of trade and traffic.
In speech of dozen large pages he urged
in vehement language that such would be
the result OF the adoption OF the proposed
section, and did'not hesitate to announce him
self as opposed to the right OF franchise be-
ing granted to woman. But Mr.. Holman had
to perform not an altogether congenal duty,
for on the 18th Of January he arose in the
convention and presented petition signed
by 100 ladies of his own county requesting
just such proposition as he had opposed.
The question of ''womans rights" received
much attention in the convention, and Dr.
Dix might peruse some OF the debates with
| heneGt To his views Lhis smhiect