Constitution Elm

I knew it wouldn’t be much to look at but I had to see it: the famous elm tree under which 43 territorial delegates of the Indiana Territory met in June 1816 to draft the first Indiana state constitution.

The tree—or what remains of it—sits on a nondescript residential street. It is literally in someone’s front yard near the street.

The Constitution Elm lived until 1925, felled not by an axe but by the dreaded elm disease. In its glory, it was 50 feet high, with a trunk the diameter of five feet and a spread of 132 feet—quite the shade tree under hot June days.

These days only part of the trunk remains, a testament to the tree it once was. In 1937, a protective sandstone structure was erected over it.

Fond farewell, Constitution Elm, I thought as I wandered away. A sad situation, but then I remembered the three young elm trees planted a few years earlier around the tomb of a signer of the constitution in Crown Hill Cemetery. The Constitution Elm lives on in these young trees around the gravesite of Robert Hanna (1786-1858).

TV movie review: Hoosiers: The Story of Indiana–Birth of a State

Hoosiers: The Story of Indiana is a PBS documentary series based on the book of the same name by Indiana historian James H. Madison. The documentary series is split into four parts: Birth of a State, Split Rails to Steel Rails, The 20th Century, and The Next Indiana.

Birth of a State covers the period of time from when Indiana lobbied for statehood to just before the Civil War. The documentary is narrated by Madison and includes interviews with various people, like the President of the Levi Coffin House Association (Janice McGuire, who was my docent when I visited the historical site—by the way, she is outstanding!), the Director of Historic New Harmony (Connie Weinzapfel), and a retired Chief Justice of the Indiana Supreme Court (Randall J. Shepherd).

Indiana was originally part of the Indiana Territory, which included Indiana, Illinois, Michigan, Wisconsin, and eastern Minnesota. The capital of the territory was Vincennes. (You can visit many historic sites there.) The Territorial Governor William Henry Harrison was pro-large landholdings and pro-slavery—positions that didn’t sit well with others in southern Indiana.

In 1813, a vote moved the capital east to Corydon on the Ohio River (and away from Harrison’s nexus of power, I’d argue). In 1816, 43 delegates met in the new courthouse in Corydon for a Congressional Convention. In December 1816, Congress recognized Indiana as a state. (Side note: You can visit the grave of Robert Hanna, one of the delegates and signers of the state constitution, in Crown Hill Cemetery.)

At the time, Indiana was home to numerous Indian tribes: Potawatomi, Wea, Miami, Delaware, Kaskaskia, Shawnee, Piankashaw, Huron, Wyandot, Ottawa, Seneca, Kickapoo. Eventually the Indians were either removed from the land or killed. Probably the most famous violent confrontation is the Battle of Tippecanoe of 1811, when Harrison decimated the Indians led by Tecumseh and the Prophet.

But also instructive is the 1824 Fall Creek Massacre of nine Indians that shockingly led to the trial of the white perpetrators and the execution of three of them. Unfortunately, this trial and conviction of white violence on non-whites didn’t set a legal precedent.

The documentary weaves a history through key places, people, and events throughout Indiana, mostly focused on southern Indiana as that was the first part of the state to be settled. Originally the inhabitants were Native Americans and French trappers and fur traders. Whites and blacks moved into Indiana from Kentucky and North Carolina—both slave states. However, the migrants from North Carolina were Quakers from Guilford County who left North Carolina due to slavery. The Underground Railroad thrived in Indiana.

The documentary discusses important early settlements like Vincennes (as the territorial capital) or Madison (as an international commerce hotspot on the Ohio River) or New Harmony (as the location of utopian societies: first German millennialism and then utopian socialism) or black settlements (Beech Settlement, Walnut Ridge, Corydon).

People, some well-known, some not, are discussed as being influential to Indiana history. William Conner, whose homestead exists as an historical park, went native, marrying a Native American woman. Later, he helped negotiate deals with the Native Americans that led to their removal (along with his wife and child) to Oklahoma. He then married a white woman and became a respectable businessman, clearly riding the wave of commerce moving from trapping and trade with the Native Americans to commerce with white settlers and landownership.

Lincoln, regularly touted as hailing from Illinois, lived his formative years (ages 6 to 21) in southern Indiana. Sophia Ramsdell Fuller left a detailed diary of her pioneer life in Vigo County. Mary Bateman Clark had a profound effect on the lives of slaves and former slaves in Indiana, setting a legal precedent about indentured servitude.

The Ohio River was key to the early settlement of southern Indiana—rivers being an important mode of transport for people and goods. The rivers allowed commerce and prosperity (for some). Canals, like the Wabash and Erie, were created for the same economic and commercial purpose. The financial woes brought on by the canal led to a revised constitution.

The original constitution borrowed language from the Ohio and Kentucky constitutions. The Indiana version became a model for later state constitutions. The 1816 constitution stressed the importance of education, legally proclaimed Indiana as a free state (though not always in practice), and gave all white men the vote regardless if they were landowners.

The constitution revised in 1851 prohibited debt (being debt-free even if that means not investing in the future seems to be a long-standing source of pride in Indiana), granted free education, and prohibited African-Americans from moving into the state (!). African-Americans already living in Indiana were required to register—a horrible idea but a fascinating source of historical information about African-Americans living in the state.

The documentary continues with a second part that looks at Indiana from the Civil War to World War I.

Musings over the Indiana State Constitution, 7

Article 1 Bill of Rights
Section 18. Penal code and reformation
Section 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.

https://iga.in.gov/legislative/laws/const/

How is our penal code founded on the principles of reformation and not vindictive justice? Honestly, are our lengthy prison sentences, even for minor crimes, even for juveniles, meted out to reform or as vindictive justice?

Musings over the Indiana State Constitution, 6

Article 1 Bill of Rights
Section 17. Bailable offenses

Section 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.

https://iga.in.gov/legislative/laws/const/

“Presumption strong” is awfully subjective. What exactly is presumption based on? Hearsay?

Musings over the Indiana State Constitution, 5

Article 1 Bill of Rights
Section 16. Excessive bail or fines, Cruel and unusual punishment

Section 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.

https://iga.in.gov/legislative/laws/const/

What constitutes cruel and unusual punishment? What does it mean for penalties to be proportional to the nature of the offense?