1800.

Proposal to divide the N. W. Territory.

471

details of the several State charters, and we shall only mention the fact that the earliest born of our western commonwealths, when a change was made in her fundamental law, gave it a more democratic and popular character. This was done by making the choice of the senate and governor direct, instead of being as formerly through a college of electors; and by limiting the veto power.*

In 1799, Kentucky began, or rather threatened to begin, a system of internal improvements, by a survey of the river upon which her capital stands; the work recommended by the engineer, however, and which might have been done very cheaply, was not undertaken.t

1800.

The great extent of the territory northwest of the Ohio made the ordinary operations of Government extremely uncertain, and the efficient action of Courts almost impossible. The Committee of Congress who, upon the 3d of March, reported upon the subject, said,

In the three western countries there has been but one court having cognizance of crimes in five years; and the immunity which offenders experience attracts, as to an asylum, the most vile and abandoned criminals, and at the same time deters useful and virtuous persons from making settlements in such society. The extreme necessity of judiciary attention and assistance is experienced in civil as well as criminal cases. The supplying to vacant places such necessary officers as may be wanted, such as clerks, recorders, and others of like kind, is, from the impossibility of correct notice and information, utterly neglected. This Territory is exposed, as a frontier, to foreign nations, whose agents can find sufficient interest in exciting or fomenting insurrection and discontent, as thereby they can more easily divert a valuable trade in furs from the United States, and also have a part thereof on which they border, which feels so little the cherishing hand of their proper Government, or so little dread of its energy, as to render their attachment perfectly un

Marshall, ii. 233. 246. 252. 292. 293, &c.-Butler, 290. + Butler, 293.-Marshall, ii. 317.

472

Indiana Territory formed.

1800.

certain and ambiguous. The committee would further suggest, that the law of the 3d of March, 1791, granting land to certain persons in the western part of said Territory, and directing the laying out of the same, remains inexecuted; that great discontent, in consequence of such neg lect, is excited in those who were interested in the provision of said law, and which require the immediate attention of this legislature. To minister a remedy to these evils, it occurs to this committee that it is expedient that a division of said Territory into two distinct and separate Governments should be made; and that such division be made, by a line beginning at the mouth of the Great Miami River, running directly north, until it intersects the boundary between the United States and Canada.*

In accordance with the spirit of this resolution an act was passed, and approved upon the 7th of May, from which we extract these provisions.

That from and after the 4th day of July next, all that part of the territory of the United States northwest of the Ohio River, which lies to the westward of a line beginning at the Ohio, opposite to the mouth of Kentucky River, and running thence to Fort Recovery, and thence north, until it shall intersect the territorial line between the United States and Canada, shall, for the purposes of temporary government, constitute a separate territory, and be called the Indiana Territory.

Sec. 2. And be it further enacted, That there shall be established within the said territory a government, in all respects similar to that provided by the ordinance of Congress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States northwest of the River Ohio; and the inhabitants thereof shall be entitled to, and enjoy, all and singular the rights, privileges and advantages, granted and secured to the people by the said ordinance.

Sec. 4. And be it further enacted, That so much of the ordinance for the government of the territory of the United States northwest of the Ohio River, as relates to the organization of a General Assembly therein, and prescribes the powers thereof, shall be in force and operate in the Indiana Territory, whenever satisfactory evidence shall be given to the Governor thereof, that such is the wish of a majority of the freeholders, notwithstanding there may not be therein five thousand free male inhabitants of the age of twenty-one years and upwards: Provided, that until there shall be five thousand free male inhabitants, of twentyone years and upwards, in said territory, the whole number of Representatives to the General Assembly shall not be less than seven, nor * American State Papers, xx. 206.

1800. W. H. Harrison appointed Gov. of Indiana Territory.

473

more than nine, to be apportioned by the Governor to the several counties in said territory agreeably to the number of free males of the age of twenty-one years and upwards, which they may respectively contain.

Sec. 5. And be it further enacted, That nothing in this act contained shall be construed so as in any manner to affect the government now in force in the territory of the United States northwest of the Ohio River, further than to prohibit the exercise thereof within the Indiana Territory, from and after the aforesaid fourth day of July next: Provided, That, whenever that part of the territory of the United States which lies to the eastward of a line beginning at the mouth of the Great Miami River, and running thence, due north, to the territorial line between the United States and Canada, shall be erected into an independent State, and admitted into the union on an equal footing with the original States, thenceforth said line shall become and remain permanently the boundary line between such State and the Indiana Territory, any thing in this act contained to the contrary notwithstanding.

Sec. 6. And be it further enacted, That, until it shall be otherwise ordered by the Legislatures of the said Territories, respectively, Chillicothe, on the Scioto River, shall be the seat of the government of the Territory of the United States northwest of the Ohio River; and that St. Vincennes, on the Wabash River, shall be the seat of the government for the Indiana Territory."*

The person appointed to govern the new-made Territory, was William H. Harrison,t whose commission was dated in 1801.

We have already mentioned that Connecticut in her Reserve had retained the jurisdiction thereof as well as the soil. When she disposed of the soil, however, troubles at once arose, for the settlers found themselves without a government upon which to lean. Upon their representation, the mother State, in October 1797, authorized her Senators to release her jurisdiction over the Reserve, to the Union; upon the 21st of March, 1800, a Committee of Congress reported in favor of accepting this cession, and upon the 30th of May, the release was made by the Governor of the State in accordance with a law passed during that month: the United States issuing letters patent to Connecticut for the soil, and Connecticut transferring all her claims of jurisdiction to the Federal Government. At that time settlements had been commenced

Land Laws, 451.

+ Mr. Harrison had in a great measure procured the formation of the separate Territory. (Life of Harrison by Todd and Drake, p. 22.)

‡ American State Papers, xvi. 94 to 98.-Chase's Statutes, i. 64 to 66.

474

*

Governor St. Clair's Speech.

1800.

in thirty-five of the townships, and one thousand persons had become settlers; mills had been built, and seven hundred miles of road cut in various directions.†

Congress having made Chillicothe the Capital of the northwestern Territory, on the 3d of November 1800, the General Assembly met at that place. At this meeting Governor St. Clair in strong terms expressed his sense of the want of popularity under which he labored; he said,

"My term of office, and yours, gentlemen of the House of Representatives, will soon expire—It is indeed, very uncertain, whether I shall ever meet another Assembly, in the character I now hold, for I well know, that the vilest calumnies and the greatest falsehoods, are insidiously circulated among the people, with a view to prevent it. While I regret the baseness and malevolence of the authors; and well know that the laws have put the means of correction fully in my power, they have nothing to dread from me but the contempt they justly merit. The remorse of their own consciences will one day be punishment sufficient:-Their arts may however succeed:-Be that as it may, of this I am certain, that, be my successor whom he may, he can never have the interests of the people of this Territory more truly at heart than I have had, nor labor more assiduously for their good than I have done; and I am not conscious that any one act of my administration has been influenced by any other motive than a sincere desire to promote their welfare and happiness."

Notwithstanding the general dislike felt toward him, however, St. Clair was re-appointed in 1801 to the place he had so long occupied.

Toward the close of this year the first Missionary to the Connecticut Reserve, came thither under the patronage of the Connecticut Missionary Society. He found no township containing more than eleven families.||

Upon the 1st of October in this year the secret treaty of St. Ildefonso was made between Napoleon as first Consul, and the

Mr. Badger, (in American Pioneer, ii. 276,) says but thirty-one townships were inhabited there were in the Reserve east of the Cuyahoga one hundred and three townships. (American Pioneer, ii. 25.)

† American State Papers, xvi. 97.

Burnet's Letters, p. 73.

American Pioneer, ii. 275.

801.

Proceedings of the Legislature at Chillicothe.

475

King of Spain, whereby the latter agreed to cede to France the Province of Louisiana.*

By this year's census Kentucky contained 179,875 whites; and 10,343 slaves; an increase in ten years of 118,742 whites, and 28,913 slaves.†

1801.

m

The Governor and several of the Legislators of the northwestern Territory having been insulted during the autumn of this year at Chillicothe, while the Assembly was in session;-and no measures being taken by the authorities of the Capital to protect the Executive,—a law was passed removing the seat of Government to Cincinnati again. But it was not destined that the Territorial Assembly should meet again anywhere. The unpopularity of St. Clair already referred to, was causing many to long for a State Government and self-rule. This unpopularity arose in part from the feelings connected with his defeat; in part from his being identified with the Federal party then fast falling into disrepute; and in part from his assuming powers which most thought he had no right to exercise, especially the power of sub-dividing the counties of the Territory.

But the opposition, though very powerful out of the Assembly, was in the minority, even in the House of Representatives, and during December 1801 was forced to protest against a measure brought forward in the Council for changing the Ordinance of

Burnet's letters, 75. We state the fact as given by Judge Burnet, but cannot reconcile it with the Journals. On the 16th of December the removal of the Seat of Government was broached in the House. (Journal of House, 62;) on the 19th it was fully debated, (Journal of House, 71 to 73;) on the 21st was passed by the House, (Journal of House, 77;) on the same day it was passed by the Council, (Journal of Council, 32, 33;) on the 24th was signed by the Speaker and President, (Journal of Council, 35,-) and given the Governor for his approbation, (Journal of House, 89.) On the night of the 25th and 26th, the only riots mentioned in the Journals took place. (Journal of Council, 39.-Journal of House, 98.) On the 21st of December Mr. Burnet asked leave of absence for ten days which was granted; (Journal of Council, 33.) The Governor's approbation to the bill was given January 1st; (Journal of House, 108.) Possibly his consent was determined by the riots.