interpretation of the act of Congress, of August 1789, the Secretary of the Territory was fully authorised to discharge the duties of the Governor, after the expiration of his term of office. The provision is in these words: "In case of the death, removal, resignation, or necessary absence of the Governor, from the Territory, the Secretary thereof shall be, and he is hereby, authorised and required, to execute the powers, and perform all the duties of the Governor, during the vacancy, occasioned by the removal, resignation, or necessary absence of the Governor." The simple question was, whether, according to the spirit and true intent of the foregoing provision, a vacancy in the office of Governor, by reason of the expiration of the term of his appointment, was not such a removal from the office, as authorised the Secretary, to assume the executive functions.

The Legislature believed it to be immaterial, whether the Governor was removed by an executive act, or by the expiration of his term of office. In either case, they considered it a removal of such a character, as was contemplated by Congress, when they passed the act of August, 1789. It appeared to them, that the vacancy in the latter case, was one of the most obvious occurrences, for which the law was intended to provide. That the President might omit to nominate, or the Senate, in consequence of a diversity of opinion, or otherwise, might delay final action, on the nomination of a successor to a Governor in commission, till after the office should become vacant, must have been so distinctly, in the mind of the Committee, who prepared the bill, as to preclude the supposition, that that emergency was overlooked. But as they knew the Governor had the power to prorogue them, at his pleasure, be the facts as they might; they believed it would be useless, to make an effort to change his opinion. The message was therefore received, without remonstrance or reply of any kind; although there were then several matters of much interest, requiring legislative action; which they knew, must be continued over, in

consequence of the ground assumed by his Excellency. Under that impression, when the 9th of December came, they assembled in the chamber of the House of Representatives, and were prorogued without day.

It was somewhat remarkable that the opinion of the Governor, and his purpose to adjourn the Legislature, were concealed in his own bosom, till it was too late to confer with the Secretary of the Territory; who was then absent from the seat of Government. As it was known, that his opinion of his own powers, coincided with that of the Legislature, it was not doubted, that, if such a conference could have been had, he would have taken the responsibility of giving notice, at once, that he would issue his proclamation, bearing date on the day, next after the expiration of the Governor's term of office, re-assembling the two Houses, forthwith, for the dispatch of business, before the members should separate, and return to their respective homes. By that measure the sitting of the Assembly would have been continued, till the public business, then pending was disposed of.

It was the prevailing opinion, that the Governor ought to have given notice of his view, of the powers of the Secretary, and of his intention to prorogue the Legislature, in his address at the opening of the session. It was strongly insinuated, that he withheld the information, for the express purpose, of preventing the interference of the Secretary, till it would be too late to accomplish the object. Many of his best friends were apprehensive, that such a motive, might have had an improper influence on his mind.

Soon after the Governor had prorogued the Legislature, he was re-appointed by President Adams; and about the same time Solomon Sibley, one of the members of the lower House, from Detroit, was nominated and appointed, to fill the seat in the Council, vacated by the exclusion of Mr. Vanderburgh, in consequence of the division of the Territory.

CHAPTER XVII.

Meeting of the General Assembly.-Their proceedings.-Mob in Chillicothe. Its object. Omission of the police to interfere.--Seat of Government removed.

On the 24th of November, 1801, the General Assembly met at Chillicothe, in conformity with the proclamation of the Governor, and entered on the business of their third session, or more correctly, the first session of the second legislative term. The Governor, as he was wont to do, met them in the hall of the House of Representatives, and addressed them at some length on the different subjects which he recommended to their consideration.

In regard to the militia, and the law of the preceding session, which provided for their organization and discipline, he observed, that a considerable number of the people called Quakers, had lately become inhabitants of the Territory, and that more might be expected to follow them; that the general character of the people of that profession, for industry, sobriety, and good morals, was generally known and acknowledged, and was such as rendered them a valuable acquisition to any country; but that their religious principles forbade them to take arms.

He further remarked, that to impose fines on people, principled against arms, for not attending musters, established for the purpose of acquiring skill in the use of them, seemed to be a species of persecution; yet he thought it reasonable, that if they were exempted from that duty, they should render something to the community as an equivalent; and expressed an opinion, that they would willingly

pay a small sum of money, annually, for the exemption; and he recommended the subject very decidedly to the consideration of the Assembly.

Notwithstanding much time had been consumed on that subject, at the preceding session, and although it was generally believed, that the render of any thing, however trifling, as an equivalent, or substitute for the performance of militia duty, would be quite as repugnant to their feelings and principles, as the performance of the duty itself; yet an act supplementary to that of the preceding session was passed, providing that if any person should produce to the commanding officer of the company, within the limits of which he resided, a certificate under the hand and seal of a magistrate, residing within his county, stating that such person had duly taken an oath or affirmation that he was conscientiously scrupulous of bearing arms, or performing military duty, and should pay to the said officer one dollar and twenty-five cents, he should be exempt from militia duty for one year, and for as long, thereafter, as he should continue, yearly, to render that equivalent.

On the subject of exports from the Territory, the Governor remarked, that it was of the first importance, that articles sent to foreign markets, should be of the best quality; and that the quality should be ascertained to the purchaser, by some public stamp, in which he could place confidence. At that time there was a very small amount of produce exported from the Territory; yet as population was rapidly increasing, and agricultural improvements were multiplying, and extending, the subject was held to be of high importance; and a committee was appointed to prepare and report a bill, "to provide for the inspection of certain articles." Such a bill was drafted with care, reported to the Legislature, passed by both Houses, and, on the 9th of January, 1802, approved by the Governor.

There being no Courts of Chancery in the Territory, in which the specific performance of contracts could be en

forced, to obviate that difficulty, a law was reported and passed, authorising the Orphan's Court, on petition, in certain cases named, and in the manner specified, to make and record orders requiring contracts to be executed; and designating, by whom, and in what manner it should be done. The same defect in the judicial system of the Territory rendered it difficult for mortgagees to avail themselves of the full benefit of their securities. For the purpose of granting relief in such cases, an act was passed, "providing for the recovery of money secured by mortgage." The process authorised, was the writ of scire facias, and the mode of proceeding was designated specifically, and so guarded as to form a safe, convenient remedy.

In the partition of real estate, difficulties were found to exist, arising from the same cause-the want of Chancery power-to remedy which, as effectually as possible, a law was prepared and reported, by which joint tenants, tenants in common, or coparceners, of any estate in lands, tenements, or hereditaments, within the Territory, held or claimed by devise, descent, patent, deed, covenant, or other contract, might be compelled to make or suffer partition. The mode of proceeding was by petition; either in the General Court, or Court of Common Pleas. The powers of the Court, the mode of proceeding, and the relief to be granted, were specifically provided, and set forth in the body of the act, and were so guarded as to secure, as far as practicable, the object in view, with as little expense and delay as was consistent with the safe and correct administration of justice. After it had been carefully revised and amended, in the two Houses, it was passed, and approved by the Governor; and was found in practice, to be very beneficial. With some modification of its details, it was continued in force many years, by the State Legislature.

Another subject of some importance, which occupied the attention of the Assembly, during their sitting, was the distribution of insolvent estates. An act was passed, on that