466 Nullification in Kentucky. 1799 The north-western Territory, as may be seen by a reference t the ordinance of 1787, was to have a representative assembly as soon as its inhabitants numbered five thousand. Upon the 29 of October, Governor St. Clair gave notice by proclamation the required population existed, and directed an election of repre sentatives to be held on the third Monday in December.† During the summer of 1798, the famous alien and sedition laws were passed by Congress. They were, by the Democratic party every where regarded with horror, and hated, and in Virginia and Kentucky especially, called forth in opposition the most able men, and produced the most violent measures. The Governor of Ken tucky called the attention of the Legislature to them, and upon the 8th of November resolutions prepared by Mr. Jefferson were introduced into the House, declaring that the United States are "united by a compact under the style and title of a constitution for the United States, that to this compact, each State acceded, as a State, and is an integral party, its co-States forming to itself the other party; that the government created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself; but, that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for himself, as well as of infractions as to mode and manner of redress." And this doctrine was further developed by the mover of the resolutions, Mr John Breckenridge: said he, "I consider the co-States to be alone parties to the federal compact, and solely authorized to judge in the last resort of the power exercised under the compact-Congress being not a party, but merely the creature of the compact, and subject as to its assumption of power, to the final judgment of those by whom, and for whose use, itself and its powers were all created." In another passage he says, "if upon the representation of the States from whom they derive their powers, they should nevertheless attempt to enforce them, I hesitate not to declare it as my opinion, that it is then the right and duty of the several States, to nullify those acts, and protect their citizens from their operation."+ To this doctrine, since disclaimed by Kentucky, in a clear and formal declaration,|| William Murray, of Franklin, alone offered a steady opposition, and took the ground since occupied by Mr. * Ante p. 295. + Dillon i. 421. Burnet in Ohio Historical Transactions, part 2, vol. i. p. 70. | In 1838. See Butler, 289, Butler 285 to 287. 1799. North-Western Legislature organized. 467 Webster with so great power; but he argued in vain, the Senate unanimously passed the resolutions, the House acted with almost equal unanimity, and the Governor gave them his approbation.* A change in the Penal Code of Kentucky took place during 1798, by which the punishment of death was confined to the crime of murder; and for all others the penitentiary system was substituted.t 1799. The election of representatives for the Northwest Territory having taken place, they met at Cincinnati upon the 4th of the ensuing February, to nominate persons from whom the members of the Legislative Assembly were, according to the Ordinance, to be selected. This nomination being made, the assembly adjourned until the 16th of the following September. From those named, the President selected as the members of the Council, Henry Vandenburg of Vincennes, Robert Oliver of Marietta, James Findlay and Jacob Burnet of Cincinnati, and David Vance of Vanceville. From the letters of Jacob Burnet, the first lawmaker and true ruler of this Northwest Territory, we extract the following account of the earliest popular proceedings in the region wherein Freedom first fairly tried her powers. On the 16th of September, 1799, both branches of the legislature assembled at Cincinnati, and organized for business. The Governor met the two houses in the representatives' chamber, and in a very elegant address, recommended such measures as he thought were suited to the condition of the country, and would advance the safety and prosperity of the people. The legislative body continued in session till the 19th of December, when having finished their business, the governor * Butler, 285, &c. See the Virginia resolutions, the alien and sedition laws, the debate in Virginia, the resolutions of other States, and Madison's "Vindication," in a volume published at Richmond, by Robert I. Smith, in 1832. See also North American Review, vol. 31, (Oct. 1830.) This is a very full and able paper.-Marshall, ii. 254, &c. 317. Butler, 281. Marshall, ii. 238. They did not organize until the 24th; Mr. Burnet alone appearing on behalf of the council on the 16th, and but four representatives, Messrs. Goforth, McMillan, Smith and Ludlow. (Chase's Sketch, 28.) 468 W. H. Harrison chosen Delegate from N. W. Terr'y. 1799. prorogued them, at their request, till the first Monday in November. This being the first session, it was necessarily a very laborious one. The transition from a colonial to a semi-independent government, called for a general revision, as well as a considerable enlargement of the statute-book. Some of the adopted laws were repealed, many oth ers altered and amended, and a long list of new ones added to the code. New offices were to be created and filled-the duties attached to them prescribed, and a plan of ways and means devised, to meet the increased expenditures, occasioned by the change which had just taken place. As the number of members in each branch was small, and a large portion of them either unprepared or indisposed to partake largely of the labors of the session, the pressure fell on the shoulders of a few. Although the branch to which I belonged, was composed of sensible, strong-minded men, yet they were unaccustomed to the duties of their new station, and not conversant with the science of law. The consequence was, that they relied chiefly and almost entirely on me, to draft and prepare the bills and other documents, which originated in the council, as will appear by referring to the journal of the session. One of the important duties which devolved on the legislature was the election of a delegate to represent the territory in Congress. As soon as the governor's proclamation made its appearance, the elec tion of a person to fill that station excited general attention. Before the meeting of the legislature, public opinion had settled down on William Henry Harrison, and Arthur St. Clair, jun., who were eventually the only candidates. On the 3d of October, the two houses met in the representatives' chamber, according to a joint resolution, and proceeded to the election. The ballots being taken and counted, it appeared that William Henry Harrison had eleven votes, and Arthur St. Clair, jun., ten votes ; the former was therefore declared to be duly elected. The legislature, by joint resolution, prescribed the form of a certificate of his election; having received that certificate, he resigned the office of Seerectary of the territory-proceeded forthwith to Philadelphia, and took his seat, Congress being then in session. Though he represented the territory but one year, he obtained some important advantages for his constituents. He introduced a resolution to subdivide the surveys of the public lands, and to offer them for sale in small tracts-he succeeded in getting that measure through both houses, in opposition to the interest of speculators who were, and who wished to be, the retailers of land to the poorer classes of the community.* His proposition became From a circular by Harrison to the people of the territory, dated May 14, 1800, we quote in relation to this matter the following passage: Amongst the variety of objects which engaged my attention, as peculiarly interesting to our territory, none appeared to me of so much importance as the adoption of a system for the sale of the public lands, which would give more favorable terms to that class of 1799. First laws of the Legislature. 469 a law, and was hailed as the most beneficent act that Congress had ever done for the territory. It put it in the power of every industrious man, however poor, to become a freeholder, and to lay a foundation for the future support, and comfort of his family. At the same session, he obtained a liberal extension of time for the pre-emptioners in the northern part of the Miami purchase, which enabled them to secure their #farms, and eventually to become independent, and even wealthy.t To these paragraphs by our first law-maker, may be properly added the following from Mr. Chase, the first collector of our Northwestern statutes. The whole number of acts passed and approved by the governor was thirty-seven. Of these, the most important related to the militia, to the administration of justice, and to taxation. Provision was made for the efficient organization and discipline of the military force of the territory; justices of the peace were authorised to hear and determine all actions upon the case, except trover, and all actions of debt, except upon bonds for the performance of covenants, without limitation as to the amount in controversy; and a regular system of taxation was established. The tax for territorial purposes, was levied upon lands: that for county purposes, upon persons, personal property, and houses and lots. purchasers who are likely to become actual settlers, than was offered by the existing laws upon that subject; conformably to this idea, I procured the passage of a resolution at an early period for the appointment of a committee to take the matter into consideration. And shortly after I reported a bill containing terms for the purchaser, as favorable as could have been expected. This bill was adopted by the house of representatives without any material alteration; but, in the senate amendments were introduced, obliging the purchaser to pay interest on that part of the money for which a credit was given from the date of the purchase, and directing that one half the land (instead of the whole, as was provided by the bill from the house of representatives,) should be sold in half sections of three hundred and twenty acres, and the other half in whole sections of six hundred and forty acres. All my exertions, aided by some of the ablest members of the lower house, at a conference for that purpose, were not sufficient to induce the senate to recede from their amendments; but, upon the whole, their is cause of congratulation to my fellow citizens that terms as favorable as the bill still contains, have been procured. This law promises to be the foundation of a great increase of population and wealth to our country; for although the minimum price of the land is still fixed at two dollars per acre, the time for making payments has been so extended as to put it in the power of every industrious man to comply with them, it being only necessary to pay one-fourth part of the money in hand, and the balance at the end of two, three, and four years; besides this, the odious circumstance of forfeiture, which was made the penalty of failing in the payments under the old law, is entirely abolished, and the purchaser is allowed one year after the last payment is due to collect the money; if the land is not then paid for, it is sold, and, after the public have been reimbursed, the balance of the money is returned to the purchaser. Four land-offices are directed to be opened-one at Cincinnati, one at Chillicothe, one at Marietta, and one at Steubenville, for the sale of the lands in the neighborhood of those places." (Life of Harrison, by Todd and Drake, p. 20.) Historical Transactions of Ohio, i. 71. 470 Kentucky amends her Constitution. 1799. During this session, a bill, authorising a lottery for a public purpose, passed by the council, was rejected by the representatives. Thus early was the policy adopted of interdicting this demoralizing and ruinous mode of gambling and taxation; a policy which, with but a temporary deviation, has ever since honorably characterized the legislation of Ohio. Before adjournment, the legislature issued an address to the people, in which they congratulated their constituents upon the change in the form of government; rendered an account of their public conduct as legislators; adverted to the future greatness and importance of this part of the American empire; and the provision made by the national government for secular and religious instruction in the west; and upon these considerations, urged upon the people the practice of industry, frugality, temperance and every moral virtue. "Religion, morality, and knowledge," said they, "are necessary to all good governments. Let us, therefore, inculcate the principles of humanity, benevolence, honesty and punetaality in dealing, sincerity, and charity, and all the social affections." About the same time, an address was voted to the President of the United States, expressing the entire confidence of the legislature in the wisdom and purity of his administration, and their warm attachment to the American constitution and government. The vote upon this address proved that the differences of political sentiment, which then agitated all the states, had extended to the territory. The address was carried by eleven ayes against five noes. On the nineteenth of December, this protracted session of the first legislature was terminated by the governor. In his speech on this occa sion he enumerated eleven acts, to which, in the course of session, he had thought fit to apply his absolute veto. These acts he had not returned to the legislature, because the two houses were under no obligation to consider the reasons on which his veto was founded; and, at any rate, as his negative was unqualified, the only effect of such a return would be to bring on a vexatious, and probably fruitless, altercation between the legislative body and the executive. Of the eleven acts thus negatived, six related to the erection of new counties. These were disapproved for various reasons, but mainly because the governor claimed that the power exercised in enacting them, was vested by the ordinance, not in the legislature, but in himself. This free exercise of the veto power excited much dissatisfaction among the people, and the controversy which ensued between the governor and the legislature, as to the extent of their respective powers, tended to confirm and strengthen the popular disaffection.* During this year Kentucky proceeded to amend her Constitution, now seven years old. It is not our purpose to enter into the Chase's Sketch, p. 20. |