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and shall have appellate jurisdiction only, co-extensive with the limits of the state. The general assembly may give to this court original jurisdiction in capital cases, and cases in chancery, where the president of the circuit court may be interested or prejudiced.
The circuit courts each to have a president, and two associate judges. The state to be divided into three circuits, but the number may be afterwards increased, and a president to be appointed and to preside in each. The president and associate judges, in their respective counties, to have common law and chancery jurisdiction, and also complete criminal jurisdiction, in all such cases as may be prescribed by law. The judges to hold their offices for the term of seven years. The judges of the supreme court are appointed by the governor, by and with the advice of the senate. The presidents of the circuit courts, by joint ballot of both branches of the general assembly. The associate judges of the circuit courts are elected by the qualified electors in the respective counties. The clerk of the supreme court is appointed by the court itself; those of the circuit court in the several counties are elected by the qualified electors. Justices of the peace are elected for five years by the qualified electors in each township.
Militia.—The militia consists of all free, able-bodied male persons, (negroes, mulattoes, and Indians excepted,) resident in the state, between the age of eighteen and forty-five years, except such as are exempted by the laws of the state, or of the United States; those who are conscientiously averse to bearing arms, paying an equivalent. The captains and subalterns are elected by the companies; and the non-commissioned officers are appointed by the captains. Majors are elected by the battalions, and colonels by the regiments. Brigadier-generals are elected by the commissioned officers, within the bounds of the respective brigades; and major-generals by the commissioned officers within the bounds of their respective divisions. The adjutantsgeneral and quarter-masters-general are appointed by the governor; and also his aids-de-camp. Majors-general appoint their aids-de-camp, and all other division staff officers; brigadier-generals, their brigades-major; and colonels, their regimental staff officers. All militia officers are commissioned by the governor, and hold their commission during good behaviour, or till the age of sixty.
The seat of government is established at Corydon, in Harrison county, until the year 1825, and until removed by law. No person can hold more than one lucrative office at the same time, unless expressly permitted by the constitution. The following are the salaries fixed for the officers of government till the year 1819: The governor, 1000 dollars; the secretary of state, 400; auditor of public accounts, 400; treasurer, 400; judges of the supreme court, 800 each; presidents of the circuit courts, 800. Members of the general assembly are allowed two dollars per day, during their attendance, and the same sum for every twenty-five miles they shall severally travel, in the usual route, to and from the assembly. After 1819, their pay is to be fixed by a new law.
Indians.—They are still proprietors of nearly twothirds of the soil. They have sold to the government of the Union their right to the eastern part, from Fort Wayne to the river Ohio, an average breadth of twenty-five miles; along this river, and up the Wabash and western line, to a point north-west of Fort Harrison, and thence in an eastern direction to the Eastern Purchase, about thirty-five miles from the Ohio. * The tribes which inhabit this state are, 1. The Musquitotis, and Piankashaws, about 1000 in number, who live on branches of the Wabash, between Vincennes and Tippacanoa. 2. The Kickapoos live in villages, on the head waters of the Illinois and west side of the Wabash, above Tippacanoa; their warriors are about 400. 3. The Delawares dwell in a village, situated in an open meadow, on the head waters of White river. They are few in number. 4. The Miamis live on the Upper Wabash, Masssasinway, Miami of the Lakes, and Little St Joseph's, on a fine tract of land, where they cultivate maize and esculent plants. They are reduced to about 1100 individuals. Their hostility towards the Americans in the late war occasioned the destruction of four of their towns, at the fork of the Wabash, which were burnt by General Harrison, in September 1813. 5. The Shawanese live on and near the banks of Tippacanoe, PoncePasses creek, and the Wabash river, where they cultivate maize, and some esculent vegetables. This once numerous and warlike people are reduced to about
* Western Gazetteer, p. 80.
400 warriors. Their principal town, called Kathtippecamunk, consists of 120 houses, and is situated near the mouth of Tippacanoe river, below the old French post of Ouitanon. It was destroyed by General Wilkinson in 1791. 6. The Hurons live in a small village, ten or fifteen leagues south-east of Ouitanon, to the number of ten or twelve families. 7. The Eel rivers and Weeaics, who belong to the Miamis, reside on Eel river and Wabash, and they reckon about 100 warriors. Some of the Winnebago nation live in a village on Ponce-Passes creek, containing forty-five or fifty houses; others reside on the branches of Plein and Fox rivers, and frequent Chicago. The most numerous tribe in the state are the Poltowatamies, who inhabit the borders of the river St Joseph, Chicago, Kennomic, and Theakiki. On the Elk Hart branch of the St Joseph's they have five villages, one of which is situated in an extensive meadow, sixty miles west of Fort Wayne. *
Mounds.—A number of Mounds are seen from White river to the sources of the Wabash. Around Harrison village, in Franklin county, they are numerous, of very unequal size, and evidently formed at different and remote periods. On the largest, which are from ten to thirty feet high, trees are seen to grow of as great a size, and apparently as old, as any of the same species in the woods. The smaller mounds have no greater elevation than from two to five feet above the surface, and the trees which grow upon
* Western Gazetteer, p. 72. VOL. II. V
them are yet of small dimensions, indicating a growth of not more than 100 years. The bones which they inclose are still capable of supporting their own weight, and of being removed, while those of the large mounds are so decomposed, that they arc re«duced to dust by the slightest touch. In a field, belonging to Mr Allan, there is one sixty feet in diameter at the base, and twenty in height, full of the remains of human bones. Mr Brown relates, * that, on the borders of White Water, he examined the interior structure of fifteen or twenty of these mounds, from ten to fifteen feet in height, and did not find more than four or five skeletons. In one none was found. Others were so full, that they probably contained the remains of a hundred skeletons.
Agriculture.—The soil is well adapted to maize, wheat, oats, rye, hemp, and tobacco. On the best lands the average produce of Indian corn is said to be from fifty to sixty bushels per acre; that of wheat about fifty, the bushel weighing fifty-eight pounds. In many places the land is too rich for this grain; which, though it does not become smutty, is not so good as in the state of New York. ^>It is. never killed, however, by the cold in winter. The culture of the vine has been successfully introduced by a colony of Swiss emigrants, established at New Switzerland. In the year 1811, 2700 gallons of wine were produced from a surface of twenty acres, and is found to be of a good quality. The grapes which have succeeded
* Western Gazetteer, p. 57.