or rejection which, if accepted by the convention, shall be obligatory upon the United States.

First. That the section numbered sixteen in every township, and, when such section has been sold, granted, or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township, for the use of schools.

Second. That all salt springs within the said Territory, and the lands reserved for the use of the same, together with such other lands as may, by the President of the United States, be deemed necessary and proper for working the said salt springs, not exceeding, in the whole, the quantity contained in thirty-six entire sections shall be granted to the said State, for the use of the people of the said State, the same to be used under such terms, conditions, and regulations, as the legislature of the said State shall direct; provided the said legislature shall never sell nor lease the same for a longer period than ten years at any one time.

Third. That five per cent of the net proceeds of the lands lying within the said Territory, and which shall be sold by Congress from and after the first day of December next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three-fifths shall be applied to those objects within the said State, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said State, under the direction of Congress.

Fourth. That one entire township, which shall be designated by the President of the United States, in addition to the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said State, to be appropriated solely to the use of such seminary by the said legislature.

Fifth. That four sections of land be, and the same are hereby, granted to the said State for the purpose of fixing their seat of government thereon; which four sections shall, under the direction of the legislature of said State, be located, at any time, in such township and range as the legislature aforesaid may select, on such lands as may hereafter be acquired by the United States from the Indian tribes within the said Territory: Provided, That such locations shall be made prior to the public sales of the lands of the United States surrounding such location: And provided always, That the five foregoing propositions herein offered, are on the condition that the convention of the said State

shall provide, by an ordinance irrevocable, without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of December next, shall be and remain exempt from any tax laid by order, or under any authority of the State, whether for State, county, or township, or any other purpose whatever, for the term of five years, from and after the day of sale.

Approved, April 19, 1816.

41. Jenning's Letter to his Constituents Relative to Enabling Act (April 16, 1816).

On April 16, 1816, three days after the Enabling Act had passed the Senate, Jonathan Jennings communicated the following open letter to his constituents relative to the provisions of the Enabling Act.

[Western Sun, May 11, 1816.]

Washington City, April 16th, 1816.

The act to enable the people of Indiana to form a constitution and State government has passed both Houses of Congress, and will undoubtedly receive the President's signature. The act fixes the second Monday of May next, for the election of members of the convention in the several counties. Each county has the number of members to elect, as were allotted to each by the Territorial legislature except the county of Harrison. Every citizen qualified to vote for members of the Territorial legislature is qualified to vote for members of the convention, and the second. Monday of June next is fixed by the act for the meeting of the convention when elected at the seat of Government. The times fixed for the election and meeting of the convention, are as well suited to every interest and circumstance connected with the proposed important change of our form of government as I was enabled to select when every consideration was duly weighed, and I trust will be so considered when the convention shall act officially on the subject. With regard to the grants and conditions contained in this act, the convention when met will be able to form a correct estimate. Allow me, however, to state that they are at least as advantageous if not more so, than those granted to any other Territory on similar occasions.

Very respectfully,

I am very obediently yours,
JONATHAN JENNINGS.

42. Notice of Election of Constitutional Delegates (May 2, 1816).

The following is the official notice of the election of constitutional delegates which was given in Knox county.

[Western Sun, May 4, 1816.]

On Monday the 13th inst. an election will be held in the different townships in this county, at the following places for five persons to represent this county in the convention to form a constitution-in Vincennes township, at the court house; in Decker township, at the house of Adam Harness; in Harrison township, at the house of George Leech; in Palmyra township, at the house of William Purcell; in Busseron township, at the house of Joseph Latshaw; in Widner township, at the house of John Widner; in Hawkins township, at Liverpool; and in Perry township, at the house of Samuel Perry.

May 2, 1816.

B. V. BECKES, S. K. C.

43. Expediency of Adopting a Constitution (June 11, 1816).

By the terms of the Enabling Act of April 19, 1816, the Convention when met, was required to first determine, by a majority of the votes of all the members elected, whether it was expedient, at the time, to form a constitution and State government. If it was determined to be expedient, the Convention was then authorized either to prepare and adopt a constitution and provide a State government at once, or to provide for the election of representatives to form a constitution and State government at some future time. On the afternoon of June 10, the first day of the convention, Mr. Ezra Ferris of Dearborn County submitted a resolution to the consideration of the Convention declaring it to be expedient at the time to proceed to the formation of a constitution and State government. On motion of John Johnson of Knox County, the further consideration of the resolution was postponed until June 11. On the afternoon of June 11, the Convention in committee of the whole, considered the resolution and adopted it without amendment, by a vote of 34-8. The resolution as adopted is as follows:

[Convention Journal, 6.]

Whereas, by an act of Congress, approved the 19th of April, 1816, to enable the people of the Indiana territory to form a constitution and State government, and for the admission of the same. into the Union on the same footing with the original States, it is provided, that the convention, when met, shall first determine, by a majority of the votes of all the members elected, whether it be

or be not expedient, at that time, to form a constitution and State government.

Resolved, therefore, by the representatives of the people of Indiana, met in convention at Corydon, on the 10th day of June, A.D. 1816, that it is expedient, at this time, to proceed to form a constitution and State government.

44. Rules and Orders (June 11, 1816).

On June 10, a committee of five members was appointed to prepare rules for the government of the convention. Until the submission and adoption of this report, the rules for conducting business in the territorial legislature, as far as applicable, were observed. On June 11, the committee reported twenty-seven rules which were adopted. Several amendments were made; the rules in the amended form are not given, but it is reasonably clear from the context that the rules as given contain at least some of the corrections and amendments proposed.

[Convention Journal, 7.]

I. The president shall take the chair every day at the hour to which the convention shall have adjourned on the preceding day; shall immediately call the members to order, and on the appearance of a quorum shall cause the journals of the preceding day to be read.

II. The president shall preserve decorum and order; may speak to points of order in preference to other members, rising from the chair for that purpose, and shall decide questions of order, subject to an appeal to the convention by any one member.

III. The president, rising from his seat, shall distinctly put the question in this form, viz. You who are of opinion that (as the case may be) say aye-contrary opinion, say no.

IV. If the president doubt, or a division be called for, the members shall divide: Those in the affirmative first rising from their seats, and afterwards those in the negative.

V. Any member may call for the statement of the question, which the president may give sitting.

VI. The president, with five members, shall be a sufficient number to adjourn; seven to call a house and send for absent members, and make an order for their censure or acquittal; and a majority of the whole number be a quorum to proceed to busi

ness.*

*The only amendment recorded was designed to strike out of the sixth article the following words: "consisting of two-thirds of the whole number elected." The amendment was adopted by a vote of 25-17. The amendment is manifestly ambigu

ous.

VII. When a member is about to speak in debate, or deliver any matter to the convention, he shall rise from his seat and respectfully address himself to Mr. President.

VIII. If any member, in speaking, or otherwise, transgress the rules, the president shall, or any member may, call to order, in which case, the member so called to order, shall immediately sit down, unless permitted to explain; and the convention shall, if applied to, decide on the case, but without debate. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the convention.

IX. When two or more happen to rise at the same time, the president shall name the person who is first to speak.

X. No member shall speak more than twice to the same question, without leave of the convention.

XI. Whilst the president is putting a question, or addressing the convention, none shall walk across the room; nor when a member is speaking enter on private discourse, or pass between him and the chair.

XII. No member shall vote on any question who was not present when the question was put.

XIII. Upon calls of the convention for taking the yeas and nays on any question, the names of the members shall be called alphabetically, and each member shall answer from his seat.

XIV. Any member shall have a right to call for the yeas and nays, provided he shall request it before the question is put.

XV. When a motion is made and recorded, it shall be stated by the president, or being in writing, shall be read aloud by the secretary, and every motion shall be reduced to writing if the president or any member request it.

XVI. Any member may call for a division of the question where the sense will admit of it.

XVII. Each member shall particularly forbear personal reflections, nor shall any member name another in argument or debate.

XVIII. After a motion is stated by the president, or read by the secretary, it shall be deemed in possession of the convention, but may be withdrawn at any time before the decision or amendment.

XIX. When a question is under debate, no motion shall be received unless it be the previous question, or for amending or committing the original motion or subject in debate.