and judges. Sec. I. "The laws of the Territory of the northwest of the River Ohio that have been or that hereafter may be enacted by the Governor, judges, etc." And again, Sec. II. "The Governor and judges of the Territory north-west of the River Ohio, shall be, and hereby are authorized, to repeal the laws by them made, etc."

Whether these clauses had any, and what influence towards continuing the practice of originating laws, is not for us to say, as one of us only was present at the last session. But, it may fairly be presumed, their weight would be inconsiderable.

As it seems, sir, to be your opinion that the legislature ought to confine itself to the principle of adoption alone, we are ready to meet you on that ground, in order that no impediment may lie in the way of legislative duty. There being but a bare majority of the members assembled, unanimity now becomes indispensable. Without this, our legal code, by far too inadequate, at present, to answer the ends of good government, would remain as it is, and our meeting prove nugatory.

It is true, however, and we mention it with regret, that there are some laws of which the Territory is in great need, but which, from locality, we despair of finding among those of the original States. The chasm in this case can only be supplied by the authority of Congress, expressly extended to us by statute. But, whether that honorable body, whose legislative functions. are of a general nature, would think it proper to interfere in this respect, is a question that belongs not to us to determine.

In one of the quotations from your correspondence with the former judges, and with which you have favored us in your speech, it seems that a difference of opinion existed as to a negative on the laws then claimed by the Governor. You have said, "there would be an impropriety, at least, in leaving the adoption of laws by which the people of the district were to be governed for a time, solely to the persons who were to expound

them.".

We grant the impropriety. The time when the Ordinance was framed, the temporary government which it had for its object, and the early existing circumstances of this country, must plead its apology. But, we would submit to your Excellency whether this impropriety could either be lessened or removed by leaving to the Governor a negative on laws to be adopted by a legislative body, never composed of more than four and generally of but three members, when he has a right to sit as one, and as one to debate and vote on those laws in common with the rest?

What does the Constitution say? "The Governor and judges, or a majority of them, shall adopt and publish," etc. Words, we presume can not be stronger, let punctuation be what it will.

To us, they convey a prompt, a decisive meaning, namely, that the three judges may assemble in the Governor's absence and adopt laws at discretion. Besides, sir, the word negative is not to be found throughout the Constitution or Ordinance, so far as it regards the present government.

Painful as it is for us to differ, in any instance, with your Excellency, yet the subject in question being now before the public, public duty (and, we dare say, your own wish) requires that our opinions should not be suppressed.

We will recollect, sir, that when we first had the honor to meet you at this place in our legislative capacity, you expressed doubts of our constitutional power to make laws. We remember, too, that the best consideration we could then give the Ordinance inclined us to believe that the powers either to adopt or make laws were optional as to the legislators. If our construction of the Ordinance be in this respect faulty, it must have arisen from that seeming ambiguity we have already noticed.

We agree that "the power of the Governor and judges to repeal laws by them made," is not to be found in the Ordinance. It was superadded, as you have observed, by a law of the United States. Nor do we hesitate to declare with you, sir, that it would be "too broad an inference" to draw from the words "by them made"-an implication that might contradict either the spirit or the letter of the Ordinance. Enacted would be a much stronger word; it is a word of unequivocal purport, and may be found, as we have already shown, in the preceding section of the same act. We do not, however, mean to say how far the fundamental principles of a compact between the people and the government can be affected by subsequent acts not sanctioned by the consent of the former.

Cordially we unite with your Excellency in expressing our disapprobation of that law where a form of process is established that would compel a humane creditor to imprison the body of his debtor. The form, though borrowed from the Massachusetts code, is not, in our opinion, congenial to the mild genius of the common law; and, therefore, we shall cheerfully concur with you in the repeal of that part, or the whole of the law, should it be found needful.

Pursuant to your recommendation, we shall join you in taking into serious deliberation the proposed repeal of the present laws.

In all matters that may promote the safety and happiness of the people, the judges will ever be forward to concur with the Governor; and on this foundation we earnestly embrace your proposition.

With you, sir, we regret that we could not convene before the present moment, especially as a legal question may arise how far the proceedings of a subordinate court have, in the instance to which you allude, been conformable to the limits of their power.

No county court, nor judge of a county court, can issue a habeas corpus; that writ lies from a superior power alone. But we are sorry in not being equally fortunate to form a concurrence of opinion with your own upon the other case stated respecting the same judges. It has been our uniform sentiments that no judge of a court of record ought to hold his commission during pleasure; for that would sap the independence of the bench by making him the creature of the Executive. It would not accord with the Constitution of the United States; nor, we believe, with the Constitutions generally of the individual States. It would be at variance with the genius of our laws and the protection of person and property; upon which life and liberty greatly depend. We are persuaded your Excellency's ideas will, in the end, meet ours in this respect.

As we shall now cease to trespass further on your patience accept, again, sir, our professions of readiness to unite, at all times and on all occasions, in laboring for the common weal by transfusing into the public mind those wholesome rules which, while they discourage vice, promote virtue, protect the weak against lawless force, and deny liberty to none but those who shall justly forfeit it by their crimes and the laws of the land. Such, we trust, will ever be the objects of a legislative body convened for the purpose of providing useful laws.

JOHN CLEVES SYMMES,
G. TURNER.

Judge Turner then gave notice if the house should deem itself competent to the purpose, he would, at a future day, move for the impeachment of Henry Vanderburgh, judge of probate in the county of Knox, for high misdemeanors by him committed. Adjournment to meet on Monday at 9 o'clock, A. M.

Assembled according to adjournment.

MONDAY, JUNE 1.

The Governor proposed, for adoption, an act of Pennsylvania, entitled, "an act for taking lands in execution for the payment of debts." It was adopted, under the title of "a law subjecting real estate to execution for debt."

ORDERED, That, in the the present case, and on every future adoption of laws, the clerk do conform the bill to existing local

Vol. XXX-3.

ities of the Territory, without otherwise affecting the spirit of the laws so adopted: and that he drop all preambles and unnecessary or tautological phrases and words.

Judge Turner moved for the repeal of that part of a law of the Territory, which imposes a tax on merchants and traders. The motion was laid on the table.

On motion of the Governor, it was agreed to adopt, as laws, the first enacting clause of an act of Pennsylvania entitled, "an act about attachments;" beginning at the words, "that the justices" and thence to the end of the clause: also, that part of another act from the same code, entitled, "an act regulating attachments"; beginning with the first clause at the words, "that if any person," and ending with the termination of the sixth enacting clause the latter law to be entitled "a law regulating domestic attachments."

Moved, by Judge Turner,

That all laws and parts of laws, which impose forfeitures of estate for crimes be repealed.

ORDERED, To lie on the table.

Adjourned to meet tomorrow, nine o'clock, A. M.

Assembled according to adjournment.

TUESDAY, JUNE 2.

The several petitions for extending the jurisdiction of a single magistrate, were made the order of the day for tomorrow. Charles Avery was appointed messenger, and allowed a dollar per diem during the session.

Adjourned to meet tomorrow, at nine o'clock, A. M.

WEDNESDAY, JUNE 3.

Assembled according to adjournment.

Moved by the Governor that so much of an act of Pennsylvania as is suited to the localities of the Territory entitled, "an act establishing courts of judicature," be adopted as a law: and that the Territorial laws, first for establishing courts of general quarter sessions of the peace; secondly for fixing the terms of the general court; and thirdly, for altering the terms thereof, be repealed.

The motion being reduced to writing, was ordered to lie on the table.

Proceeded to the order of the day, and extend the jurisdiction of a single magistrate, by adopting and incorporating into one law, certain parts of two acts in the Pennsylvania code; one being "an act for the better determining of debts and demands

under forty shillings, &c., the other, "an act for the easy and speedy recovery of small debts."

The Governor moved for the repeal of two Territorial laws entitled "an act prohibiting the sale of spirituous and other intoxicating liquors to soldiers," &c. and "an act to prohibit the giving or selling intoxicating liquors to Indians," &c.

The motion was agreed to.

On motion of Judge Turner,

Resolved, That the governour be requested to forward a representation to Congress, expressive of the increasing value of the reserved public sections of land, some of which could now be rented for valuable considerations, to the furtherance of religion and education.

On motion of the governour,

It was agreed to adopt an act from the Pennsylvania code entitled, "an act for defalcation." The clerk was directed to prepare an engrossed bill under the title of "a law concerning defalcation."

The consideration of the Pennsylvania law entitled "an act for establishing courts of judicature" and of the proposed repeal of certain Territorial statutes, as moved by the Governor this morning, was made the order of the day for tomorrow. Adjourned to meet tomorrow at nine o'clock A. M.

THURSDAY, JUNE 4. Assembled agreeable to adjournment and proceeded to the order of the day.

ORDERED, That the clerk do immediately prepare the draft of a bill, founded on the "act for establishing courts of judicature" - paying due regard to its application to the local circumstances of the Territory.

Adjourned to meet tomorrow at nine o'clock A. M.

Assembled accordingly.

FRIDAY, JUNE 5.

The Governor proposed for adoption from the Pennsylvania code, "an act for the trial and punishment of larceny, under 5s."

The same being agreed to, the clerk was directed to engross a bill thereof, adding after the words, "five shillings," the words, equal to 150 cents.

Agreed to adopt as a law from the same code, "an act to prevent inconveniences arising from delays of causes after issue joined." The clerk was ordered to engross a bill for the purpose,