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103-662: In December 1816, the Indiana Supreme Court succeeded the General Court of the Indiana Territory as the state's high court. During its long history the Court has heard a number of high-profile cases, including Lasselle v. State (1820). Originally begun as a three-member judicial panel, the Court underwent major reforms in 1852 and 1971, as well as several other reorganizations. Court reforms led to

206-567: A constitutional convention was held at Corydon, where a state constitution was adopted on June 29, 1816. General elections were held in August to fill offices for the new state government, the new officeholders were sworn into office in November, and the territory was dissolved. On December 11, 1816, President James Madison signed the congressional act that formally admitted Indiana to the Union as

309-573: A chain of forts and enforce peace in the area. In the early morning of November 3, 1791, nearly a 1,000 Miamis, Shawnees, Delawares , and other warriors under the leadership of Chief Little Turtle launched a surprise attack on the American camp near the Miami town of Kekionga , costing the Americans nearly nine hundred casualties and forcing the militia's retreat. St. Clair's defeat in 1791 remains

412-613: A constitutional amendment to replace the previous system of electing judges and justices. Under the original 1816 constitution of Indiana, judges were appointed by the Governor and confirmed by the Indiana Senate , and would serve terms of six years. The system came to be criticized when Governor James B. Ray refused to reappoint two members of the Supreme Court for political reasons. A similar situation occurred during

515-623: A justice for misconduct. It is mandatory for a justice to retire at age seventy-five, even if their term is incomplete. Eligibility requirements to be nominated as a justice of the Supreme Court are established in Article 7 of the Indiana Constitution. The candidate must be a citizen of the United States and reside within the state of Indiana before being considered for the office. The candidate must also have been admitted to

618-429: A law in 1809 that allowed the territory's inhabitants to choose a delegate to Congress in a territory-wide election. Jonathan Jennings defeated Thomas Randolph, the territory's attorney general and Harrison's chosen candidate, in a highly contested race to become the territory's first popularly-elected representative to the U.S. Congress. Jennings was reelected to the post in 1811, 1812, and 1814, prior to his election as

721-633: A line approximately 84 degrees 45 minutes West longitude. The territory initially included most of the present-day state of Indiana ; all of present-day states of Illinois and Wisconsin ; fragments of present-day Minnesota that were east of the Mississippi River ; nearly all of the Upper Peninsula and the western half of the Lower Peninsula of present-day Michigan ; and a narrow strip of land in present-day Ohio that

824-535: A majority of Supreme Court cases being delegated to lower courts, an enlarged panel of justices, and employment of a large staff to assist as its caseload increases. In 2008, the Court consisted of one chief justice and four associate justices, the constitutional minimum. However, the Indiana General Assembly may increase the number of associate justices to a maximum of eight for a total of nine court justices. A board of five commissioners assists

927-539: A meager $ 2.47. To increase the treasury, tax levies were modified and new forms of revenue were established. These changes included reductions in some taxes, increases in others, and implementing licensing requirements for some types of business ventures in order to stabilize revenue. William Prince, the first territorial auditor, was also blamed for the territory's revenue shortage because he had failed to collect taxes from two territorial counties. Growth of territory's population helped improve its financial situation through

1030-461: A member of the bar of the Indiana Supreme Court". The Disciplinary Commission is responsible for investigating grievances filed against members of the bar for misconduct and making disciplinary recommendations to the Supreme Court. The Commission for Continuing Legal Education administers, develops, and regulates continuing legal education requirements, mediation training standards, and attorney specialization programs. The Judicial Nominating Commission

1133-537: A new trial to take place in the local court, overturn the decision of lower courts and enforce its own decision, or uphold the decision of lower courts. The Court appoints three commissions to assist it in its exclusive jurisdiction over the practice of law in Indiana. The role of the Board of Law Examiners is to "inquire into and determine the character, fitness, and general qualifications to be admitted to practice law as

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1236-452: A non-representative phase from 1800 to 1804; a semi-legislative second phase, which included the election of lower house of the territorial legislature, that extended through the ongoing hostilities with Native Americans and the War of 1812 ; and a final period, when the territory's population increased and its residents successfully petitioned Congress for statehood in 1816. Under the terms of

1339-664: A separate territory, which Harrison opposed. In 1809, five years after Congress established the Michigan Territory, the St. Clair County settlers successfully petitioned Congress for the formation of a separate territory. Despite Harrison's disapproval, Congress approved the formation of the Illinois Territory from the western portion of the Indiana Territory, in addition to granting the inhabitants of

1442-638: A term of seven years. In December 1816, Jonathan Jennings , Indiana's first governor, nominated John Johnson of Vincennes in Knox County ; James Scott of Charlestown in Clark County ; and Jesse Holman of Aurora in Dearborn County , to serve as the first panel of judges on the Indiana Supreme Court. Johnson became the Court's first chief justice. When Johnson died in 1817, Jennings named Isaac Blackford to replace him. Blackford became

1545-468: Is chaired by the Chief Justice of the Indiana Supreme Court, unless the Chief Justice chooses a different justice to chair the commission instead. Three of the other members, who may not be lawyers, are citizens of Indiana appointed by the governor. The remaining three members must be among, and are elected by, those admitted to the practice of law in Indiana. The Commission was established in 1970 by

1648-498: Is responsible for recruiting and interviewing applicants to fill vacancies on the Indiana Supreme Court, the Court of Appeals, and the Tax Court. It then sends three nominees for each vacancy to the governor. The Judicial Qualification Commission investigates complaints of judicial misconduct and files charges where appropriate. Both commissions have the same members and are chaired by the chief justice. The entire Court takes part in

1751-607: The Fall Creek Massacre case (1823), State v. Hudson , the Court upheld a lower court's finding that crimes committed against Native Americans were punishable under American laws. This decision lead to the first execution of a white man for crimes against natives. In the Falkenburg v. Jones case (1854), Indiana became the first state to establish the right for a defendant to obtain court records free of charge. The 1909 case of Woessner v. Bullick established that

1854-503: The Indiana Court of Appeals . With the formation of the Court of Appeals, the Supreme Court could choose which cases it would hear and which cases it would leave to the lower courts. Constitutional amendments also lengthened judicial terms to ten years and changed the limits on the size of the Court to a minimum of five members and a maximum of nine. The method of selecting justices was changed from statewide election to appointment by

1957-708: The Indiana Judicial Qualifications Commission , is a panel consisting of the Chief Justice of the Indiana Supreme Court and six other members chosen by those admitted to practice law in Indiana and by the Governor of Indiana to select judges to serve on the Indiana Court of Appeals and the Indiana Supreme Court . The commission is part of the Judicial Branch of the state government and reports directly to

2060-575: The Michigan Territory to the north, and in 1809 when the Illinois Territory was established to the west. In 1800 the Indiana Territory's total white population was 5,641, but its Native American population was estimated to be near 20,000, possibly as high as 75,000. In the 1800 United States census , 4 counties in the Indiana Territory (2 of which were located in contemporary Illinois and 1 in contemporary Michigan) reported

2163-578: The U.S. Army's worst defeat by American Indians in history. Casualties included 623 federal soldiers killed and another 258 wounded; the Indian confederacy lost an estimated 100 men. In August 1794, General "Mad Anthony" Wayne organized the Legion of the United States and defeated a Native American force at the Battle of Fallen Timbers . The battle was a turning point for the Americans, who took control of

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2266-487: The Court after having been previously heard in lower courts. Most cases begin in local circuit courts, where the initial trial is held and a jury decides the outcome of the case. The circuit court decision can be appealed to the Indiana Court of Appeals or the Indiana Tax Court, who can hear the case or enforce the lower court's decision. If the parties still disagree with the outcome of the case, they can appeal

2369-432: The Court could invalidate a governor's veto if proper veto procedures were not followed, in effect ruling the pocket-veto as unconstitutional. In 1917, the state was among the first to adopt an Exclusionary rule , established in the case of Callendar v. State , which prevented illegally obtained evidence from be submitted in court. In Williams v. Smith , a case heard in 1921, the Court overturned Indiana's eugenics laws,

2472-592: The Court in its administrative duties. Commissioners are nominated by the Judicial Nominating Commission and appointed by the governor. The Court offices and chambers are located on the third floor in the north wing of the Indiana Statehouse. The Court maintains a large legal library on the third floor that is open to the public. The Court has no original jurisdiction in most cases, meaning that it can only hear cases appealed to

2575-425: The Court serves as the acting chief justice until a new one is chosen by the Judicial Nominating Commission. The chief justice also serves as chairman of the Judicial Nominating Commission. Justices are appointed to a term that could potentially last for ten years. Once a new justice is chosen, he may serve for two years before being subjected to a retention election held during the first statewide election following

2678-445: The Court. The Court has heard several cases that have had a major impact on Indiana as well as others that have set nationwide precedents. The first of these cases, Lasselle v. State (1820), where the Court overturned a circuit court decision that tested slave ownership in the new state by stating "the framers of our constitution intended a total and entire prohibition of slavery," and resulted in all slaves in Indiana being freed. In

2781-468: The Indiana Statehouse. In the early history of the state, the court relied heavily on English common law for precedence. This continued to be the case until the passage of the Practice Act in the late 1840s which changed the system for pleadings and caused many earlier precedents to become invalid. In 1851, the Supreme Court was reorganized under the new state constitution. The position of justice

2884-573: The Indiana Territory caused a significant opposition from the Quakers who had settled in the eastern part of the territory. They responded by forming an anti-slavery party. Davis Floyd of Clark County was the only anti-slavery representative elected to the territory's House of Representatives in the 1805 election, but Harrison's measures to legalize slavery in the territory were blocked by the two representatives from St. Clair County, who refused to authorize slavery unless Harrison supported their request for

2987-537: The Indiana Territory in 1800, while serving as the Northwest Territory's delegate to the U.S. Congress, it was not surprising that President John Adams chose him to become the first governor of the territory. Presidents Adams, Thomas Jefferson , and James Madison made a total of three appointments to the office of governor of the Indiana Territory between July 4, 1800, when the territory was officially established, and November 7, 1816, when Jonathan Jennings

3090-407: The Indiana Territory the right to elect a delegate to the U.S. House of Representatives and members of the territory's Legislative Council (upper house). Harrison, whose political power was reduced by these changes, found himself at odds with the territorial legislature when the anti-slavery party came to power after the 1809 elections. Voters promptly rebuffed many of his plans for slavery, and in 1810

3193-464: The Indiana Territory was divided to create the Illinois Territory, the U.S. Congress altered the makeup of the territorial legislature. The members of the House of Representatives continued to be elected by the territorial inhabitants and were apportioned in relation to each county's population, but membership in the five-member upper house (Legislative Council) was also by popular vote and apportioned among

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3296-596: The Native American tribes and was left unsettled. While Native Americans continued to cede large tracts of land in the Indiana Territory to the federal government, the Americans also expanded their ownership of lands farther west as a result of the Louisiana Purchase agreement with France. From October 1, 1804, until July 4, 1805, administrative powers of the District of Louisiana were extended to

3399-508: The Northwest Ordinance, the territorial government went through 3 phases prior to statehood: In 1803, when the Indiana Territory was formed from the remaining Northwest Territory after Ohio attained statehood, the requirement for proceeding to the semi-legislative phase of territorial government was modified. Instead of requiring the territory's population to reach 5,000 free adult males, the second phase could be initiated when

3502-519: The Northwest Territory in advance of Ohio's statehood. At the time the Indiana Territory was formed, the two main American settlements in what would later become the state of Indiana were at Vincennes and Clark's Grant , while the settlement at Kaskaskia would later become a part of Illinois (but, because it is now west of the Mississippi River, is accessible only from Missouri . President John Adams appointed William Henry Harrison as

3605-612: The Supreme Court, which decides what portion of the commission's recommendations to follow. The commission is a constitutional body established by article seven of the Constitution of Indiana . In addition to its constitutional authority, the Indiana General Assembly has granted the commission additional statutory authority in the Indiana Code . The commission has a total of seven members. Further, it

3708-489: The Supreme Court. The commission is also responsible for determining the qualifications of candidates who apply for state judgeship. The commission is responsible for addressing complaints about the courts and investigating problems within the courts. The commission also audits the judges to ensure compliance with the Code of Judicial Conduct. Although the commission has no power to enforce its decisions, it does submit reports to

3811-591: The U.S. government. The Treaty of Vincennes (1803) was the first of several treaties that Harrison negotiated as territorial governor. Leaders from local tribes signed this treaty to recognize Americans' possession of the Vincennes tract, an area that George Rogers Clark had captured from the British during the American Revolutionary War . The Treaty of Grouseland (1805) further secured

3914-464: The U.S. government. As a result of the treaty, the Miamis considered themselves allies with the United States, and thousands of acres of newly ceded western lands attracted an increasing number of new settlers to what would become the Indiana Territory. The U.S. Congress passed legislation to form the Indiana Territory on May 7, 1800, effective July 4, 1800. The new territory was established by dividing

4017-434: The annual Judicial Conference of Indiana, which is attended by all of the state's judges, and recommends improvements to the Court and state judiciary. The Court is also responsible for implementing all laws passed by the Indiana General Assembly that affect the judiciary. The Division of Supreme Court Administration is staffed by clerks who oversee the fiscal management of the courts, including payroll and expenses. In addition,

4120-543: The area near the strategically important Maumee–Wabash portage, as well as Fort Miami at Kekionga (rebuilt as Fort Wayne ). In addition, several other forts were built in the territory to maintain American control of the area. The Treaty of Greenville (1795) ended the Northwest Indian War and marked the beginning of a series of land cession treaties. Under the terms of this treaty, native tribes ceded southeastern Indiana and two-thirds of present-day Ohio to

4223-408: The authority to appoint a general court consisting of three territorial judges. The judges were initially appointed by the president who later delegated this authority to the territorial governor. Adams chose William Clarke, Henry Vanderburgh , and John Griffin as the territory's first three judges. Following Clarke's death in November 1802, Thomas T. Davis was appointed as his replacement. Acting as

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4326-580: The breaking the point. The availability of low-cost federal land led to a rapid increase in the population of the territory, with thousands of new settlers entering the region every year. Large settlements began to spring up on the periphery of the territory around the Great Lakes, the Ohio River, the Wabash River, and the Mississippi River. Much of the interior, though, remained inhabited by

4429-410: The collection of various taxes, including property taxes and taxes on sale of public lands. However, governmental expenses also increased as new counties and towns were formed, causing the need for new governmental offices and further increases in the government's overall size. The major political issue in Indiana's territorial history was slavery ; however, there were others, including Indian affairs,

4532-412: The combined judicial and legislative government, the territorial governor and the three judges adopted the laws to govern the territory. In addition to working with the territorial governor on legislative issues, the territorial judges presided over the general court. When the Indiana Territory entered the semi-legislative phase of government in 1805, the legislature gradually became the dominant branch, and

4635-439: The completion of the justice's second year in office. The justice is listed on the ballot with the option to be retained or to be rejected from the Court. If retained, the justice may serve the remainder of their ten-year term. When a term is completed, the justice must be reappointed with the same process originally used to appoint them to remain on the Court. A majority vote of both houses of the Indiana General Assembly may impeach

4738-421: The decision to the Indiana Supreme Court. The Court can choose to hear the case and possibly overturn the previous judgment, or it can decline to accept the case and uphold the decision of the lower courts. The Indiana Supreme Court has original and sole jurisdiction in certain specific areas, including the practice of law, discipline or disbarment of judges appointed to the lower state courts, and supervision over

4841-582: The division is responsible for maintaining the Court's records and assists in its administrative functions. Article 7 of the Indiana Constitution governs the term length of Supreme Court Justices. When there is a vacancy on the Court, a new justice is nominated using a variation of the Missouri Plan . First, the Judicial Nominating Commission submits a list of three qualified nominees to the governor. The governor then selects

4944-414: The exercise of jurisdiction by the other lower courts of the state. When the Court accepts a case, it reviews the documentation of the trials in the lower court and sometimes allows oral arguments before making a decision. In some cases the justices will issue a decision without hearing arguments from either side and will base their decision solely on evidence submitted in the lower courts. The Court can order

5047-404: The federal government's possession of land in present-day south-central Indiana. After the signing of the contentious and disputed Treaty of Fort Wayne (1809) , in which Harrison acquired for the U.S. government more than 250,000,000 acres (100,000,000 hectares) of land in what later became central Indiana and eastern Illinois, tensions between the Native American and settlers on the frontier neared

5150-403: The first governor of Indiana in 1816. In addition to the territorial governor and three judges, the office of secretary was established in 1800. Governor Harrison appointed a treasurer and attorney general in 1801 as the only additional government officials during the territory's non-representative phase of government. During the second phase, the office of territorial auditor was combined with

5253-435: The first governor of the territory on May 13, 1800, but Harrison did not arrive in the territory to begin his duties as governor until January 10, 1801. John Gibson , the territorial secretary, served as acting governor until Harrison's arrival at Vincennes. A three-member panel of judges called the General Court assisted the territorial governor. Together they served as both the highest legislative and judicial authority in

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5356-465: The first of their kind in the nation. Indiana Territory The Indiana Territory , officially the Territory of Indiana , was created by an organic act that President John Adams signed into law on May 7, 1800, to form an organized incorporated territory of the United States that existed from July 4, 1800, to December 11, 1816, when the remaining southeastern portion of the territory

5459-440: The first time on July 29, 1805. Governor Harrison retained his veto powers as well as his general executive and appointive authority, while the legislative assembly had the authority to pass laws, subject to the governor's approved before they could be enacted. The change in territorial governance also removed the territorial judges' legislative powers, leaving the territorial court with only its judicial authority. In 1809, after

5562-413: The following counts: In the 1810 United States census , following the passage of organic acts by the 9th U.S. Congress to create the Michigan Territory in 1805 and by the 10th U.S. Congress to create the Illinois Territory in 1809, 4 counties in the Indiana Territory located within contemporary Indiana reported the following population counts: The Indiana Territory's government passed through

5665-467: The formation of northern and western territories from portions of the Indiana Territory, concerns about the lack of territorial self-government and representation in Congress, and ongoing criticisms of Harrison's actions as territorial governor. Most of these issues were resolved before Indiana achieved statehood. The formations of the Michigan Territory and the Illinois Territory ended the debate about

5768-475: The general assembly transferred all the law books in the Indiana State Library to the Court to create a Supreme Court Law Library. The library grew to become the primary legal library for the state and includes more than seventy-thousand volumes. The Court's caseload continued to grow over time. In 1881, the general assembly approved the creation of a five-member panel of commissioners to assist

5871-607: The government made the decision to relocate the territorial capital to Corydon. Construction on the capitol building began in 1814 and was nearly finished by 1816. The area that became the Indiana Territory was once part of the Northwest Territory , which the Congress of the Confederation formed under the terms of the Northwest Ordinance on July 13, 1787. This ordinance outlined the basis for government in

5974-502: The governor and judges of the Indiana Territory as a temporary measure to establish a civil government for the newly purchased lands. The district encompassed all of the Louisiana Purchase lands north of the 33rd parallel , which serves as the present-day border between the states of Arkansas and Louisiana . Indiana Judicial Nominating Commission The Indiana Judicial Nominating Commission , which also serves as

6077-480: The governor. The amendment also provided for a Judicial Nominating Commission to choose candidates. Justices also became subject to a retention election. In addition, the office of chief justice became permanent. Previously the title rotated among the justices. In 2004, the Indiana General Assembly created the Supreme Court Division of Administration, legalizing and expanding the role of the clerks of

6180-496: The judges focused on judicial matters. In 1814, as the territory progressed toward statehood, three circuit courts were established. Governor Posey appointed Isaac Blackford , Jesse Lynch Holman , and Elijah Sparks as presiding judges over the circuit courts. James Noble was appointed to replace Sparks following Sparks' death in early 1815. When the Indiana Territory entered its semi-legislative phase of government, territorial inhabitants were allowed to elect representatives to

6283-479: The justices in administrative tasks. Even this was not enough to handle the load. In 1891, the Appellate Court of Indiana was created to handle cases of lower importance. At first the appellate court only took a small portion of the Supreme Court's caseload, but its responsibility gradually increased. In 1970, state constitutional amendments reorganized the Court. The constitution renamed the Appellate Court

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6386-545: The land claim was transferred to the Indiana Land Company and offered for sale; however, the government of Virginia disputed the claim, arguing that it was the rightful owner because the land fell within its boundaries. The United States Supreme Court took up the case and extinguished the company's right to the land in 1798. Two years later, Congress applied the Indiana Land Company's name to

6489-759: The lower house of its bicameral legislature . President Jefferson delegated the task of choosing the five members of the Legislative Council (upper house of the legislature) to the governor, who chose from a list of ten candidates provided by the lower house. After the formation of the new legislative body, each county in the territory was granted the right to elect representatives to the House of Representatives (the legislative assembly's lower house). The lower house initially included seven representatives: one from Dearborn County, one from Clark County, two from Knox County, two from St. Clair County, and one from Randolph County. The territorial legislature met for

6592-497: The majority of territory's free landholders informed the territorial governor that they wanted to do so. In 1810 the requirement for voters to be landholders was replaced with a law granting voting rights to all free adult males who paid county or territorial taxes and had resided in the territory for at least one year. Because of William Henry Harrison's leadership in securing passage of the Land Act of 1800 and his help in forming

6695-457: The meantime, Major Jean François Hamtramck led an expedition from Fort Knox to Wea , Potawatomi , and Kickapoo villages on the Wabash , Vermilion , and Eel Rivers, but his company lacked sufficient provisions to continue, forcing a return to Vincennes. In 1791 Major General Arthur St. Clair , the governor of the Northwest Territory, commanded about 2,700 men in a campaign to establish

6798-406: The new Justice from the list. If the governor fails to choose a replacement within sixty days, the chief justice or the acting chief justice must do so. The Judicial Nomination Commission Chief Justice selects the chief justice from the sitting associate justices for a five-year term. The chief justice presides over the Court. When the position of chief justice becomes vacant, the most senior member of

6901-534: The new capital. On March 11, 1813, the territorial legislature selected Corydon as the new seat of government for the territory, effective May 1, 1813. Harrison favored Corydon, a town he had founded, named, and where he owned an estate . In 1813, after it was brought to the territorial legislature's attention that plans were underway to construct a new county courthouse in Corydon and the new building could also be used for its assemblies (a significant cost savings),

7004-659: The new territory. Passage of the Land Ordinance of 1785 and the Northwest Ordinance of 1787 committed the U.S. government to continued plans for western expansion. Increasing tensions with the Native Americans who occupied the western lands erupted into the Northwest Indian War. During the autumn of 1790, American forces under the command of General Josiah Harmar unsuccessfully pursued the Miami tribe near present-day Fort Wayne, Indiana , but had to retreat. In

7107-541: The nineteenth state. When the Indiana Territory was formed in 1800, its original boundaries included the western portion of the Northwest Territory. This encompassed an area northwest of a line beginning at the Ohio River , on the bank opposite the mouth of the Kentucky River , extending northeast to Fort Recovery in present-day western Ohio , and north to the border between the United States and Canada along

7210-557: The office of territorial treasurer. The territory also had a chancellor during most of this period. Secretary Auditor Treasurer Attorney General During the non-legislative phase, the federal government paid the salaries of the governor, the three-member judicial council, and the territorial secretary, which cost about $ 5,500 per year. In addition, a small fund of approximately $ 200 covered other expenses such as printing, postage, and rent. The federal government did not provide funds for any additional governmental offices such as

7313-446: The practice of law in Indiana for at least ten years prior to their candidacy or must have served as a judge of a circuit, superior, or criminal court of Indiana for five years. The candidate cannot be under an indictment in any court in the United States with a crime punishable as a felony . The Judicial Nominating Commission must also ensure that they are the "most highly qualified public candidates" available. The Indiana Supreme Court

7416-455: The right to debate, submit legislation, and serve on committees, but they were not permitted to vote on legislation. When the Indiana Territory entered its second phase of governance, the territory's legislative assembly elected Benjamin Parke as its delegate to the U.S. House of Representatives. Jesse B. Thomas was appointed to the post following Parke's resignation in 1808. Congress approved

7519-404: The second chief justice of the Court and was the longest serving justice in the Court's history, serving 36 years, 3 months, and 24 days. Blackford recorded all of the Court's early decisions in a multivolume work titled Blackford's Reports that served for many years as a foundational text on the interpretation of state laws. In 1824, the Supreme Court relocated to Indianapolis with the rest of

7622-406: The state Supreme Court. The commission is responsible for creating a list of three candidates to fill vacant positions on the state judiciary. The commission follows a set of guidelines in the state constitution to determine eligibility for the positions, and to ensure that they only nominate the best qualified candidates that are available. The Governor then chooses a candidate from the list to fill

7725-544: The state's government. Initially the Court shared space on the second floor of the Marion County Courthouse, before moving to the third Indiana Statehouse. In 1865 the Court was given its own building on lot number one in Indianapolis, where it remained until 1888, moving to its present location in the fifth Indiana Statehouse. As of 2012, the Court occupies the entire north wing of the third floor of

7828-399: The suspension in order to make the region more appealing to slave-holding settlers and ultimately make the territory economically viable by increasing its population. In addition, the petition requested that the slaves and their children brought into the territory during the suspension period should remain slaves even after the suspension ended. Benjamin Parke, a pro-slavery supporter who became

7931-459: The term of Governor James Whitcomb when he also refused to reappoint two members because he thought they were too slow to resolve cases. In 1851, Indiana adopted a new constitution and the positions on the courts were made publicly elected offices, but that method too quickly came under criticism as the position became even more politicized. The courts remained publicly elected until a series of amendments were passed in 1970 and 1971 that reorganized

8034-587: The terms of the Northwest Ordinance of 1787. The territorial capital was the settlement around the old French fort of Vincennes on the Wabash River , until transferred to Corydon near the Ohio River in 1813. William Henry Harrison , the territory's first governor, oversaw treaty negotiations with the Native inhabitants that ceded tribal lands to the U.S. government, opening large parts of

8137-524: The terms of the Northwest Ordinance of 1796. Because Harrison's political fortunes were tied to Indiana's rise to statehood, he was eager to expand the territory. In 1803 President Thomas Jefferson granted Harrison the authority to negotiate and conclude treaties with the Native American tribes in the territory. Harrison oversaw the establishment of thirteen treaties that ceded more than 60,000,000 acres (24,000,000 hectares) of land from Native American tribes, including most present-day southern Indiana , to

8240-448: The territorial government. Territorial revenue fell to critical levels due to the War of 1812, when many of the territory's taxpayers were unable to pay what they owed, and their land reverted to the federal government. Financial issues also caused the movement for statehood to be delayed until after the war's end. At one point during 1813, for example, the balance in territory's treasury was

8343-409: The territorial legislature repealed the indenturing laws that Harrison and the judicial court had enacted in 1803. The capital of the Indiana Territory remained in Vincennes from 1800 to 1813, when the territorial legislature moved it to Corydon . After the Illinois Territory was formed from the western portion of the Indiana Territory in 1809, Vincennes, which was initially situated in the center of

8446-419: The territory to be brought into the territory and bound into service for fixed terms set by the slave owner. After the territory was granted representation in Congress in 1805, Parke was able to get Congress to pass legislation to suspend Article Six for ten years, granting the territories covered under the ordinance the ability to legalize slavery in their territories. Harrison's attempts to allow slavery in

8549-436: The territory to further settlement. In 1809 the U.S. Congress established a bicameral legislative body for the territory that included a popularly-elected House of Representatives and a Legislative Council. In addition, the territorial government began planning for a basic transportation network and education system, but efforts to attain statehood for the territory were delayed due to war. At the outbreak of Tecumseh's War , when

8652-483: The territory was limited, with the primary source of funds coming from the sale of federal lands. Other revenue came from the collection of duties, licenses, and excise taxes. In 1811 property taxes collected from landowners were based on the numbers of acres and its rating; previously, these taxes were based on land values. Taxes were also collected for territorial counties to use. After 1815 taxes were levied on some types of manufactured goods to provide additional funds for

8755-481: The territory was on the front line of battle, Harrison led a military force in the opening hostilities at the Battle of Tippecanoe (1811) and in the subsequent invasion of Canada during the War of 1812 . After Harrison resigned as the territorial governor, Thomas Posey was appointed to the vacant governorship, but the opposition party, led by Congressman Jonathan Jennings , dominated territorial affairs in its final years and began pressing for statehood. In June 1816

8858-465: The territory's counties. Harrison County, established in 1808 from portions of Knox and Clark counties, elected one representative to the lower house; Clark and Dearborn counties each had two representatives; and the more populated Knox County had three. This bicameral legislative structure remained unchanged for the remainder of the territory's existence. Territorial delegates to the U.S. House of Representatives could attend congressional sessions with

8961-523: The territory's first representative in Congress in 1805, carried the petition to Washington, D.C.; however, Congress failed to take action, leaving Harrison and the territorial judges to pursue other options. In 1803 Harrison and the general court judges passed legislation that evaded the Ordinance of 1787 in order permit slavery in the Indiana Territory through the use of indentured servitude laws. The bill allowed adult slaves owned or purchased outside

9064-400: The territory's geographical size. In the second phase of territorial governance, the increasing democratization of the government shifted the authority initially placed in the hands of the territorial governor and a judicial council to a legislative branch of elected representatives and a delegate to the U.S. House of Representatives. The debate over the issue of allowing slavery in the territory

9167-426: The territory's population increased. By 1810 the Indiana Territory's enumerated population reached 24,520, even after the territory's size had been reduced with formation of the Michigan Territory (1805) and Illinois Territory (1809). When the Indiana Territory petitioned for statehood in 1816, its population was spread among fifteen counties and exceeded 60,000 people, which was the minimum required for statehood under

9270-435: The territory, was now on its far west edge. The territorial legislature was also becoming increasingly fearful that the outbreak of the War of 1812 could cause an attack on Vincennes, resulting in their decision to move the seat of government to a location closer to the territory's population center. In addition to Corydon, the towns of Madison , Lawrenceburg , Vevay , and Jeffersonville were considered as potential sites for

9373-514: The territory. As governor of a territory of the first stage, which was outlined in the Northwest Ordinance , Harrison had wide-ranging powers in the new territory that included the authority to appoint all territorial officials and members of the territorial General Assembly. He also had the authority to divide the territory into districts. Vincennes, the territory's oldest settlement and among its largest with 714 townspeople in 1800, became its first territorial capital. The former French trading post

9476-632: The treasurer and attorney general. Salaries for these officials were paid from the territory's treasury. In the semi-legislative phase, the federal government paid the salaries of the territorial governor, judges, and secretary at a cost of approximately $ 6,687 per year. The territorial treasury was responsible for funding legislative expenses, as well as the salaries of the treasurer, auditor, attorney general, and chancellor. The territorial treasurer also paid operational expenses such as printing, rent, stationery, and other supplies and services. These expenses were estimated to cost $ 10,000 per year. Revenue for

9579-415: The vacant position. The commission has the authority to choose who, among the sitting supreme court associate justices, will serve as Chief Justice of the Indiana Supreme Court, and, whenever a lower state court has requested that a senior judge be appointed to it, to certify to the Supreme Court whether a person seeking appointment as the senior judge has met the requirements for appointment, as established by

9682-601: The western lands and also provided for an administrative structure to oversee the territory, including a three-stage process for transitioning from territory to statehood. In addition, the Land Ordinance of 1785 called for the U.S. government to survey the newly acquired territory for future sale and development. The Northwest Territory, which initially included land bounded by the Appalachian Mountains , Mississippi River , Great Lakes , and Ohio River ,

9785-544: The word Indiana dates from 1768, when the Six Nations of the Iroquois Confederacy reserved about 5,000 acres (2,000 hectares) of land in the present-day state of West Virginia and deeded it to a twenty-five-member Philadelphia -based trading company that engaged in trade with the native tribes in the Ohio River valley. The company named their land claim Indiana, in honor of its previous owners. In 1776

9888-465: Was admitted to the Union as the state of Indiana . The territory originally contained approximately 259,824 square miles (672,940 km ) of land, but its size was decreased when it was subdivided to create the Michigan Territory (1805) and the Illinois Territory (1809). The Indiana Territory was the first new territory created from lands of the Northwest Territory , which had been organized under

9991-441: Was also one of the few white settlements in the territory. Indiana Territory began with four counties: Saint Clair and Randolph County , which became part of present-day Illinois; Knox in present-day Indiana; Wayne County , which became part of present-day Michigan. Governor Harrison formed Clark County , the first new county in the territory, out of the eastern portion of Knox County. Additional counties were established as

10094-428: Was changed from an appointed position to an elected one. Judicial terms were changed to six years and the Court's size was set to a minimum of three members and not more than five. The Court's judges quickly became overwhelmed by an ever-increasing caseload. In 1853, the minimum was increased to four members and in 1872, it was increased to five. The Court has remained at a minimum of five justices since that time. In 1867,

10197-476: Was established in 1816 when Indiana was granted statehood. The new Court replaced the General Court of the Indiana Territory, which consisted of a three-member panel. Housed in a three-room building it shared with the Indiana legislature, the Court held its first session in Corydon on May 5, 1817. Under the state constitution of 1816, the governor appointed justices with the state senate's "advice and consent" for

10300-478: Was northwest of Fort Recovery. This latter parcel became part of Ohio when it attained statehood in 1803. The Indiana Territory's southeast boundary was shifted in 1803 when Ohio became a state, to the mouth of the Great Miami River . In addition, the eastern part of present-day Michigan was added to the Indiana Territory. The territory's geographical area was further reduced in 1805 with the creation of

10403-421: Was settled in 1810; however, criticism of Governor Harrison continued, even after much of his authority was transferred to territorial legislators and judges. In December 1802 delegates from Indiana Territory's four counties passed a resolution in favor of a ten-year suspension of Article Six of the Northwest Ordinance, which prohibited slavery in the original Northwest Territory. They also petitioned Congress for

10506-507: Was subsequently partitioned into smaller territories that included the Indiana Territory (1800), Michigan Territory (1805), the Illinois Territory (1809), and eventually became the present-day states of Ohio , Michigan , Indiana , Illinois , Wisconsin , and eastern Minnesota . Indiana , meaning "Land of the Indians", references the fact that most of the area north of the Ohio River was still inhabited by Native Americans. Formal use of

10609-429: Was sworn in as the first governor of the state of Indiana . When the Indiana Territory was created, the Ordinance of 1787 made no provision for a popularly-elected territorial government in the non-representative phase of territorial government (1800 to 1804). Instead of separate legislative and judicial branches of the territorial government, the U.S. Congress, and later, the president with congressional approval, had

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