The party which had been called Federalists, because they made and supported the new federal government, were represented as its original enemies; and, at the same time, its most deadly opponents claimed to be its fathers and guardians.

These false statements, having obtained credence, after years of repetition, the name of the party, of which Washington was the head, became a term of reproach-indicating the very reverse of its true and genuine meaning. Mr. B., however, knew that it implied, neither more nor less, than devotion to the new federal government. For that reason, although the party had long ceased to exist, the great majority of them being in their graves; Mr. B. retained the name, and still cherishes it, as the distinguishing appellation, of the purest patriots and statesmen, the country has ever contained.

When the party slang of the day, which has been kept alive, for sinister purposes, to the present hour, shall have done its work, and be forgotten, the historian, without risk to his popularity, will do justice to that abused, persecuted, misunderstood party. He will record their political course, impartially, and will verify the fact, that they were the fathers of the Revolution-the instigators of the Declaration of Independence—and the framers of our present happy form of government; and that, by their efforts and influence, the country was raised from poverty to affluence, and from the contempt of Europe, to the confidence and admiration of the world. He will cause it to be known, and acknowledged, that before they were driven from power, they had saved the nation-established her characterrenovated her energy, and laid the foundation of all her subsequent prosperity.

A consciousness of these truths prompted Mr. Jefferson to declare, in his inaugural address, at the moment he took the reins of government from the hands of the Federalists: "We are all Republicans, we are all Federalists."

CHAPTER XV.

Legislature assemble at Cincinnati.--Their proceedings.-Harrison elected Delegate to Congress. His instructions.-His course in Congress approved. -Territory divided.-Harrison appointed Governor.--The Ordinance of 1787.-Its provisions.-Liberty, civil and religious, secured.--Territorial code defective.-Remedied by the Legislature.-French inhabitants.-Their common fields.-Burning of Prairies.-Injury resulting.-Regulated.-Jurisdiction on the Ohio River.-Claims of Kentucky.-Inconveniences.Act of the Legislature touching it.-Compact between Virginia and Kentucky.-Legislation of the Governor and Judges.-Of the General Assembly.-Education encouraged.-Protection of the Indians.-Vetoes of the Governor.--Property qualification.-Limited slavery.-Attempt to introduce it.-Auditor's Certificates.-Address of the General Assembly, complimentary to President Adams.

On the 16th September, 1799, both branches of the Legislature assembled at Cincinnati, elected their officers, and informed the Governor that they were ready to proceed to business. The Governor met them the next day, in the chamber of the Representatives, and in a very elegant address, congratulated them and their constituents on the interesting change that had taken place in the form of their government; a change, by which the power of making their laws had been taken from the hands of men in whose appointment they had no agency, and over whom they had no control, and committed to others of their own choice. He laid before them a full and faithful view of the condition and the wants of the Territory; and recommended to their attention such measures as he believed were proper to advance the prosperity and happiness of the people.

As this was the first session of the Legislature, it was.

necessarily a laborious one. The transition from a colonial to a semi-independent government, called for a general revision and enlargement of the statute book. Some of the adopted laws were repealed-many of them were altered and amended, and a long list of new acts were added to the code. The change made it necessary to create new offices, and prescribe the duties of those who were to fill them. The increased expenditure, caused by the change which then took place, made it necessary to devise a plan of ways and means to meet it. As the number of members in each branch was small, and a portion of them either unprepared, or indisposed to partake largely in the labor of legislation, the principal pressure of it, rested on the shoulders of a few.

One of the important duties of the session was the election of a delegate to represent the Territory in Congress. As soon as the Governor's proclamation made its appearance, the selection of a person to fill that place excited general attention. Several names were mentioned, and among them the name of Mr. B., whose friends pressed him to become a candidate; and ventured to give him strong assurances of success, if he would consent to serve; but, being, at the time, in an extensive practice, and not wealthy, he could not afford to quit his profession, or abstract from it as much time and attention, as the duties of the station would require. In addition to this, it appeared to him, that he could be more useful to the people of the Territory in their own Legislature, than in Congress. For these reasons, he refused to be a candidate; and before the meeting of the Legislature, public opinion had settled down on William Henry Harrison and Arthur St. Clair, Jr., who were the only candidates for the office.

On the 3d of October, the two Houses met in the Representative chamber, according to a joint resolution, previously adopted, and proceeded to the election. The ballots were taken and counted, when it appeared that William

ten votes.

Henry Harrison, had twelve votes, and Arthur St. Clair William Henry Harrison was therefore declared to be duly elected. On being furnished with a certificate of his election, he resigned the office of Secretary of the Territory, proceeded forthwith to Philadelphia, and, Congress being then in session, immediately took his seat, as the Representative of the Northwestern Territory. Though he retained it but a single session, he succeeded in obtaining some very important advantages for his constituents.

He introduced a resolution to subdivide the surveys of the Public Lands, and to have them offered for sale in small tracts; which he succeeded in getting through both Houses, in opposition to the interest of speculators; who had till then monopolized the business of retailing lands to the poorer classes of the community, at advanced prices. That act was hailed as the most beneficent measure that Congress had ever adopted for the people of the West. It put it in the power of every industrious man, poor as he might be, to become a freeholder to cultivate his own domain, and lay a foundation for the support and future comfort of his family. At the same session he obtained a liberal extension of the time of payment, in behalf of those persons who had procured pre-emption rights to lands they had previously bought of Judge Symmes, lying beyond the limits of his patent, and for which it was not in his power to make titles. That indulgence enabled them to secure their farms, and, eventually, to become independent and wealthy men. At the same time Congress divided the Northwestern Territory, by establishing the new Territory of Indiana; of which Mr. Harrison was appointed Governor, and Superintendent of Indian affairs. He accepted those appointments and resigned his seat in Congress. By this division, Mr. Vanderburgh became a citizen of Indiana, and his seat in the Legislative council was vacated.

The Ordinance and the Compact, which were the Constitution of the Territory, contained but little specific legis

lation. It prescribed the rule of descents; the mode of transferring real estate, by deed of lease and release; and of devising or bequeathing it by will. It regulated the right of dower, and authorised the transfer of personal property, by delivery; saving always to the French and Canadian inhabitants, and other settlers who had before professed themselves citizens of Virginia, their laws and customs then in force among them, relative to the descent and conveyance of property. In addition to these provisions, the compact ordained, that no person demeaning himself in a peaceable manner, should be molested on account of his mode of worship, or religious opinions. It also secured to the inhabitants forever, the benefit of the writ of habeas corpus-of trial by jury-of a proportionate representation of the people in the Legislature, and of judicial proceedings, according to the course of the Common Law.

It further provided, "that all persons should be bailable, unless for capital offences, etc.; that all fines should be moderate; that no cruel or unusual punishments should ever be inflicted; that no man should be deprived of his liberty or property, but by the judgment of his peers, or the law of the land; that if the public exigency made it necessary to take the property, or services of any individual, full compensation should be made for the same; that no law should ever be enacted to affect private contracts or engagements, bona fide, and without fraud, previously made; and that there should be neither slavery nor involuntary servitude, other than for the punishment of crimes: Provided always, that any person escaping into the Territory, from whom labor or service was lawfully claimed, in any one of the original States, such fugitive might be lawfully taken and conveyed to the person claiming his or her labor or service."

The great principles of civil and religious liberty, contained in this invaluable document, were guaranteed to the