Ohio History Journal

LEGISLATURE OF THE NORTHWESTERN TERRITORY, 1795 The legislative authority in the territory of the United States northwest of the Ohio was vested in the governor and judges of that territory by the Ordinance of 1787. The minutes of the meeting of the Legis- lature held in Cincinnati in the summer of 1795 have been preserved in the Centinel of the Northwestern Ter- ritory where they were published in that year. Only one copy of the file of this paper containing these minutes is known to be in existence. It has therefore been thought that they might appropriately be re- produced in this publication. On July 25, 1793 Governor Arthur St. Clair issued the following "PROCLAMATION

"WHEREAS, The circum- stances of the Territory -re- quire a meeting of the Legis- lature at as early a period as conveniently may be, I have thought proper to issue this, my proclamation, requiring the Legislature of said Terri- tory to meet at the town of Cincinnati, in the county of Hamilton, on the first day of September next ensuing, of which the members respec- tively are hereby directed to take notice, and govern them- selves accordingly. "Given under the hand and seal of the governor at Marietta, the 25th day of July, 1793-," (13)

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The "circumstances" requiring this meeting will be

found fully set forth in the introductory address of Gov-

ernor St. Clair at the opening of the legislative session.

The meeting, however, was deferred from time to

time. A reference to it is found in a letter from St.

Clair to Judge Turner, dated Marietta, December 14,

1794. At the conclusion of this communication he says:

"A session of the Legislature is called for by the people,

and is indeed very necessary. Judge Symmes is not in the Ter-

ritory, and you are at so great a distance that I thought it next

to impossible you could attend this winter. It is my intention

to call it as early in the spring as possible--about the 1st of

March, I think, when I hope you may be able to attend."

Just when the latter call was issued is not so ap-

parent.   The Centinel of the Northwestern Territory

in its issue of March 28, 1795, carries a communica-

tion signed by one "Vitruvius", which runs in part as

follows:

"Do you see that the governor of this territory has issued

his proclamation for the purpose of convening the legislature?

Let us then inquire what sort of a legislature it is, which is

commanded to convene. I will assert that they are not a legisla-

ture; for they have no opportunity to make laws, but you will

see that they will assume the power. If they do, is it not reason-

able to suppose that they will make such laws as will suit their

own convenience, - as they seem to be 'Lords of the soil'.

"In short, Mr. Maxwell, it seems to me, that if we do

not take care, we shall be imposed upon, by our farcical aristoc-

racy, as well as by our miserly whiskey drinkers."

On the 25th of April this pioneer newspaper an-

nounces:

"We are happy in having it in our power to inform the

public, that the Legislature of this Territory is to convene on

Tuesday the 26th inst. at this place."

There were further delays, however, and we find

later in the news columns the announcement "with

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Legislature of the Northwestern Territory, 1795  15 pleasure" of the arrival of "His Excellency Arthur St. Clair, Esquire, Governor of the Territory of the United States, northwest of the Ohio."  It appears that he reached Cincinnati May 11th. On May 27th Governor St. Clair in a letter to Judge Addison states that he ex- pects Judge Symmes to meet him in Cincinnati "in a day or two." It therefore appears that Judge Symmes ar- rived after the date of this letter. At all events the legis- lature convened in formal session on the 29th day of May, 1795. When this session was in progress, June 17, 1795, Judge Symmes in a letter to Captain Dayton explained the difficulties encountered by these pioneer statesmen in convening at Cincinnati and the urgency that brought them together:

"I had not been long at home from Jersey be- fore I was called up the Ohio again to attend Gov- ernor St. Clair at Marietta in the capacity of a legis- lator. On the 20th of Feb- ruary, therefore, I set out on my passage up the river, and was buffeted by high waters, drifting ice, heavy storms of wind and rain, frost and snow for twenty- three days and nights, without sleeping once in all that time in any house af- ter leaving Columbia.  I waited in vain twelve days at Marietta for the coming of the Governor, and he not appearing, I returned home.

"The Governor has since arrived at this place. About the same time, Judge Turner came up the river from Illinois, when we were able to form a house and proceed to the consideration of our laws. Their binding force was so enervated by the measures taken against them last session of Congress, that many citizens

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of lawless principles now revile them, and treat them as a nullity.

How far the safety and happiness of the United States were

involved in the downfall of our little code of jurisprudence af--

fecting few more citizens and scarcely more energetic than the

by-laws of some country corporation-especially as they had

undoubtedly been twice read and ordered by Government to be

printed-I will not pretend to conjecture. I only say, sir, that

I am sorry they were found so exceptionable in the eyes of

Congress. We lived tolerably happy under them, and, if I am

not mistaken, the happiness of the people is the object of laws.

Hardly shall we be able to import and adopt a sufficient number

of the laws of the original States to regulate our police before the

freemen of the territory will rise in numbers to 5,000, when the

Government will be new formed and the people make their own

laws."

This is the first recorded meeting of a legislative

body within the present limits of Ohio and the territory

northwest of the Ohio River. This legislature chose its

officers and assembled in regular session until it con-

cluded its labors and provided for the publication the

laws it adopted in the Maxwell Code, the very first book

printed in the "Northwestern Territory."

This legislature, in the modern terminology, was uni-

cameral; it consisted of a single body. Governor Arthur

St. Clair by virtue of his office presided. Judges John

Cleves Symmes and George Turner were the floor mem-

bers. All told there were just enough present to conduct

in a formal way the legislative proceedings; one member

to make a motion, another to second it and the presiding

governor to put it to a vote. The fourth member, Judge

Rufus Putnam, did not attend any of the sessions.

Armistead Churchhill was chosen and commissioned

as clerk of the legislature. He seems to have been the

first man to hold such a position in the territory. He

was the predecessor of the long line of "clerks" that fol-

lowed him in the territory and the general assemblies of

the states in later years carved out of it. Of Armistead

Churchhill little appears to be known outside of the

record of this meeting. He evidently performed satis-

factorily the duties of his office which included that of

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Vol. XXX- 2.                                                          (17)

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legislative assistant or draftsman, for he was frequently

directed to prepare "the draft of a bill." He was evi-

dently paid in proportion to the amount of writing he

did. According to a resolution adopted June 5, 1795, the

clerk of the legislature was "entitled to eight cents for

every hundred words he shall write, by order of the

legislature, in full compensation for all services incident

to his office." This did not net him a large salary though

a modern expert typist would earn very satisfactory

compensation at this rate.

It will be noticed that the proceedings of the first

day ended with the adoption of a resolution "that a mes-

senger be appointed." The name of this messenger

fortunately has been handed down to succeeding genera-

tions. It was Charles Avery. He was appointed June

3, 1795, and received as compensation one dollar a day.

He was the official progenitor of the sergeants-at-arms,

postmasters, doorkeepers, superintendents of stenog-

raphers, message clerks, pages and porters that in

multitudinous array have followed in his wake. In this

pioneer "messenger" were included the functions of the

numerous successors who constitute an important part

of the "legislative service" of today.

The compensation of the clerk and the messenger

seems very modest. In proportion to population, the

number of lawmakers and the purchase value of the dol-

lar, however, the cost of conducting this legislature did

not differ so widely from what is now paid for a similar

service. The per capita expense was certainly greater

then than it is today in Ohio.

It will be noticed that the proceedings were con-

ducted with dignity and decorum. The sessions were

open to the public. The address of Governor St. Clair,

when we consider that it was delivered in the presence of

a legislative body consisting of only two members beside

himself, certainly rises to the dignity of the occasion.

Its tone is elevated and patriotic. It reveals the things

that claimed the attention of those charged with the gov-

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Legislature of the Northwestern Territory, 1795.  19

ernment of this new territory, then the western frontier

of civilization on this continent. The reply to the ad-

dress of the governor presented by Judges Symmes and

Turner was worthy of the men who wore the judicial

ermine and exercised legislative authority in this

formative period of the history of the region over which

they presided.

There is no testimony at hand in regard to the par-

ticular place in which the sessions of this legislature were

held. It was of course in one of the primitive structures

of Cincinnati in keeping with the pioneer surroundings

of that early day.

The session continued from May 29, 1795 to August

25, 1795, but no record has been found for a date later

than August 15th of that year.

With this brief introduction the "minutes" are pre-

sented as they have been copied from the pages of the

Centenial of the Northwestern Teritory.    Some addi-

tional related matter will be found in the brief appendix.

 

MINUTES OF THE LEGISLATURE

 

TERRITORY OF THE UNITED STATES NORTH-WEST OF THE OHIO

At a session in their legislative capacity, of the governor

and judges in and over the said Territory, begun and holden at

Cincinnati, in the county of Hamilton, on Friday, the twenty-

ninth day of May, 1795.

 

PRESENT

Arthur St. Clair, governor and commander in chief, and

John Cleaves Symmes

and               Judges.

George Turner

Armistead Churchill, esquire, being chosen and commis-

sioned, as clerk of the legislature, took the oath prescribed by law,

The business opened by a written speech delivered by the

governor, as follows:

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ADDRESS OF THE GOVERNOR TO THE LEGISLATURE.

It gives me much satisfaction, gentlemen, after so long a

separation, that we are again met in our legislative capacity. The

great extent of the Territory, the distance between the places of

our respective residences, the difficulty of assembling at any

point at a given time, while the only communication is by the

river, which can not always be ascended, and often not without

danger from the savages, must necessarily render our appointed

meetings precarious, and will, I hope, excuse my requesting your

attendance at this time, without previous notice. It was, owing

to some or all of these causes that the proposed meeting in

September last was frustrated. Bodily indisposition prevented

me from keeping the last appointment, and the vexation that

arose from a sense of the trouble I had given to one of you

gentlemen, and for any thing I then knew to both, added no

little to that indisposition.

It has for a long time past, gentlemen, been my anxious

desire that the legislature should be convened. The circum-

stances of the Territory have required it in a variety of shapes.

The civil and criminal codes are both incomplete; and if the

community have suffered no real injury therefrom, they have at

least experienced inconveniences. Other objects would also have

demanded our attention at an earlier day, but opinions enter-

tained in the legislature of the United States as to the constitu-

tionality, and, consequently, the binding force of the territorial

statutes, rendered it, in a high degree, necessary. The Ordinance

for the government of the Territory, passed by the Congress in

July, 1787, is unquestionably the constitution or charter of this

colony. A bill, gentlemen, passed the House of Representatives

in the last session of Congress, and for disapproving of all the

laws that had been enacted at this place, from July to December

inclusive, in the year 1792, on the ground, as I am informed,

that the Governor and judges have no power, by the constitution

of the government, to make laws, but only to adopt and publish

such laws of the original States as should appear to them best

suited to the circumstances of the inhabitants. Had that bill

passed into a law, though the laws enacted within the period

referred to might have been the special object, the principle

would have reached to every law existing in the Territory. The

Senate did not agree with the House of Representatives, and,

consequently, it did not become a law; but if I am rightly in-

formed, it was not owing to a difference in opinion, but as they

considered them all ipso facto void, they thought it improper to

declare any of them so by an act of the legislature.

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Legislature of the Northwestern Territory, 1795.  21

 

It has always been my opinion, gentlemen, that whenever

the laws of the Territory were considered by the legislature of

the United States in a constitutional point of view, they would

be annulled. And, although, I gave way to the mode that has

been pursued in forming them, and have assented to many of

them, it was not till after long altercation with the first judges,

Mr. Parsons and Mr. Varnum, that it was gone into. I found

myself, in some measure, forced to it; for I was not happy

enough to be able to convince them of its impropriety, and, unless

the one or the other receded, society must.have been in a state of

anarchy, and I preferred submitting to what my mind disap-

proved of rather than that the community should be in such a

situation, not doubting but Congress would soon correct it.

Notwithstanding the deference, gentlemen, I had to the

opinions of your predecessors, which, it was most probable, as

they were men who had some eminence in the profession of the

law, were more correct than mine, before I consented to the

making laws, I thought it necessary, after all our conversations,

to address them in writing more than once on the subject, and

to put those letters on the records of the Territory as a kind of

standing protest against the measure I was dragged into. As

those letters were fully explanatory of my sentiments at that

time, and they have not since been changed, I will take the liberty

to lay before you some extracts from them, and from an address

to the people on setting the government in motion:

"You will observe, gentlemen, that part.of the system which

has been formed for this country, and is now to take effect, is

temporary only--suited to your infant situation, and to con-

tinue no longer than that state of your infancy shall last. During

that period the judges, with my assistance, are to select from the

laws of the mother States, such laws as may be thought proper

for you. This is a very important part of our duty, and will

be attended to with the greatest care." -Address at Marietta on

opening the Government, July ₉th, 1788.

"Upon the application of the whole of the proprietors [speak-

ing of the Ohio Company], a law specially regulating their prop-

erty, in order to rescue it from the caprice of individuals, might

with propriety be made; but whether the present legislature of

the Territory could be competent, may well admit of doubt.

They have power to adopt laws only." -Letter to the Judges,

July 2₉th, 1788.

"But you will pardon me, gentlemen, for mentioning once

more, that I suspect we are overpassing the line of our duty in

forming new laws in any case; and that, when we do so, the

necessity of the case can be our only justification. The Ordinance

of Congress empowers us 'to adopt such laws of the original

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States, criminal and civil, as may be necessary and best suited

to the circumstances of the district.' In departing from that rule,

we certainly expose ourselves to censure from Congress; and

besides, there may be some doubt as to the validity of such laws

as are adopted and published under any other; and it may not be

unworthy of your consideration whether, upon an exception be-

ing taken before you, in your judicial capacity, you would not be

obliged to decide against the law, and declare it a nullity. I

agreed to the militia law fully under the impression of these

sentiments, because the necessity of self-defense must supersede

other considerations." - Letter to the Judges, July 30th, 1788.

"I was in hopes that my being informed of the precise mean-

ing you had affixed to the word laws, as it is used in the Ord-

inance of Congress, which empowers the Governor and judges

to adopt such of those of the original States as may be necessary

and suited to the circumstances of the district, and as it is used

by you in your letter of the 31st July, would have thrown some

light upon that letter, and shortened the answer I should be

obliged to make to it. I must have been very unfortunate in the

manner I expressed my wish to know what that meaning was,

for the word in the Ordinance is clearly distinguished from the

'codes or bodies of laws' indefinitely, 'as they refer in their gen-

eral nature and spirit to the vast variety of objects about which

they are conversant.' I can not find how this explanation ap-

plies; I will not, however, trouble you any further about it, but

proceed to reply to the letter.

"I observe you say it is one of the questions arising out of

mine of the ₃₀th, whether, in forming and transcribing laws, we

should connect with general subjects all the particulars that may

have relation to those general subjects. Another is, how far the

particulars respecting the probate law should have influence. In

forming laws upon general subjects, it may be difficult to connect

all the particulars that may have relation to those general sub-

jects. So far, however, as it is possible to recollect all the par-

ticulars, it should be done, and those particulars inserted in and

become parts of the same law. And after all the attention that

legislators can pay to particulars, it will be almost always found,

when the laws are put in operation, that many things have been

omitted and, consequently, must be supplied; and frequently

(from their taking a different direction from what was intended),

be explained. Forming and transcribing laws are two very dif-

ferent things; for transcribing laws, to give a meaning to the

expression here, must be applied to some of the laws of the

original States that may be thought proper to be adopted. I pre-

sume we must take them as we find them, so far as they apply to

our circumstances. How far the particulars suggested respect-

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Legislature of the Northwestern Territory, 1795.  23

ing a probate law may have influence with you, gentlemen, I

know not-they have very great influence with me. There is

another circumstance besides, which influences me not a little.

It was hinted at only, and distantly; it may be proper to mention

it expressly. When I have bound myself by law to the creation of

an office, unless the powers and duties of the officer who is to fill

it are detailed in the law, a difference of opinion may arise re-

specting those powers and duties, and I run the risk of being

obliged to leave it to be guided entirely by the rules of the com-

mon law, supposing it to be an office known to the common law,

or, by rules that I may think impose too much or too little re-

straint. To this risk I am not willing nor is it proper to expose

myself, because I should thereby lose, in that case, the control

which, I think, the Ordinance has given me in all cases. Here

again I am afraid I have the misfortune to differ with your

honors, for, from another part of your letter, it seems to be your

opinion that when the judges agree in adopting a law it will

acquire the requisite validity without the consent of the Governor.

The passage in the Ordinance is in these words: 'The Governor

and judges, or a majority of them, shall adopt and publish,' etc.

It is true, the punctuation would favor the construction you

seem inclined to put upon it; but I believe it is not the true sense,

and that Congress intended that the assent of the Governor

should be necessary to all laws adopted during this stage of the

temporary government, as well as to all laws formed by the

general assembly, after it shall have been organized. I presume,

gentlemen, that Congress thought there would be an impropriety,

at least, in leaving the adoption of laws by which the people of

the district were to be governed for a time, solely to the persons

who were to expound them. How much greater would that im-

propriety be, if it goes not only to the adoption, but the forma-

tion of laws. The judges would, in that case, be complete legis-

lators, which is the very definition of tyranny; and, though that

arrangement might, in your hands, gentlemen, produce no evils,

no man can tell how long this stage of the government will last,

or who may be your successors. Nor could it fail to produce

much uneasiness in the minds of the people over whom so pos-

sibly oppressive an authority was established.

"I acknowledge, I do not perfectly understand what is meant

by the 'ties, connections, and subordinations,' that are said to

exist in colonial governments, and 'to which laws must be ap-

plied.' I do not take those ties, connections, etc. (whatever they

may be), to be at all the object of laws. By making them the

objects of law, 'the existence of government might, indeed, be

endangered.' No law which could have a tendency to weaken

or destroy the 'ties' connections and subordinations' of this

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district with the United States could, consistent with our duty,

be either formed or adopted; and laws that might have a de-

clared purpose to strengthen those ties would, in effect, weaken

them, because they rest upon another foundation, which every

such law would tend to sap. It is unsafe ground, and ought not

to be traveled upon. I presume not to say what 'the powers ought

to have been.' As they are, and as I understand them, they

seemed calculated to answer all the purposes 'the framers of the

Ordinance' could have had in view, viz.: 'to provide for the safety

and happiness of the people who will remove into this country,

and to protect their property until they should be sufficiently

numerous to legislate for themselves, and to preserve them in a

due dependence upon the general Government.' I agree with you,

gentlemen, that the 'clause in question,' and every other clause

in the Ordinance, should receive a liberal construction whenever

they are in the least doubtful; and as it partakes of the nature

of a charter, is to be expounded 'favorably to the grantees.'

But it is one thing to construe a grant liberally and another to

add to the grant by construction what was never in the con-

templation of the grantor; and this is precisely what I think

would follow should your opinion upon the clause be thought

the best. That we may adopt 'laws of any of the old States,'

if we think they suit our circumstances, there can be no doubt,

for that is the genuine and liberal sense of the clause. That we

may adopt 'such parts of any particular law as may be necessary,'

is within the spirit of it. That we may make a law 'for here

the word adopt will not serve us), consisting of 'different parts

of the laws of different States, and change the diction,' I believe

we have no power to do. I cannot discover the difference be-

tween this and legislating originally, which, so far from permit-

ting us to do, in my opinion, it was the design of Congress to,

prevent."-Letter to the judges, August 1, 1788.

As this construction, gentlemen, gives a clear, distinct and

consistent sense to every part of the Ordinance, which, as has

been observed, is the charter of the Territory, it is probable that

it is the true construction. I shall, therefore, recommend to you

again to give that instrument an attentive persual, and compare

the letter and the spirit of it with the manner in which we have

hitherto proceeded; and if you find any opposition or discordance

between them, I am certain you will advise an immediate change

of measures.

While I am on this subject, I will trouble you with one ob-

servation more, though it might, perhaps, be brought forward

with more propriety as a reason for repealing a particular law.

It is this, that the people are entitled to judicial proceedings,

according to the course of the common law, is an express article

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Legislature of the Northwestern Territory, 1795.  25

 

of compact between the original States and them. It seems to

me, that, supposing the power of the Governor and judges to

make laws were clear (which it certainly is not) the law pre-

scribing the forms of writs and process has greatly narrowed

the right resulting from that article, and cases will arise to which

it will be found to be wholly inapplicable; and that, contrary to

the spirit of the common law (which does not permit the blend-

ing of different remedies for the same wrong, or prevent a choice

of the remedy where it has given more than one,) a humane

creditor is, in some cases after judgment is obtained, compelled

to imprison his debtor, or forever forego his remedy against him.

The vast variety of writs known to the common law of England

were introduced for the safety of the people, and the learned

Judge Blackstone, speaking of some difficulties arising to the

law student, not to the people, from that variety, breaks out into

a kind of rapturous exultation: "This difficulty," says he, "how-

ever great it may appear, will shrink to nothing upon a nearer

and more frequent approach. And, such as it is, it arises from

the excellence of our English laws, which adapt their redress

exactly to the circumstances of the injury, and do not punish one

and the same action for different wrongs which are impossible

to be brought within the same description, whereby every man

knows what satisfaction he is entitled to expect from the courts

of justice, and as little as possible is left in the breast of the

judge, whom the law appoints to administer, and not to prescribe

the remedy." Black. Corn., Vol. 3, page 266. And, again, on

the next page, he observes "that this intricacy of legal process

will be found, when attentively considered, to be one of those

troublesome, but not dangerous, evils which have their root in

the frame of our constitution, and which, therefore, can never

be cured without hazarding every thing that is dear to us. In

absolute governments, where new arrangements of property and

a gradual change of manners have destroyed the original ideas

on which the laws were devised and established, the prince, by

his edict, may promulge a new code, more suited to the present

emergencies. A single legislator-a Solon or Lycurgus, a Jus-

tinian or a Frederick -may at any time form a concise and, per-

haps, a uniform plan of justice; and evil betide that presumptuous

subject who questions its wisdom or utility. But, who, that is

acquainted with the difficulty of new modeling any branch of the

statute law (though relating but to roads or parish settlements)

will conceive it ever feasible to alter any fundamental point of the

common law, with all its consequents and appendages?"

Whatever, gentlemen, may be your sentiments on recon-

sidering the subject of our legislative powers, two things are

clearly with them, viz., to adopt and publish laws and to repeal

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26       Ohio Arch. and Hist. Society Publications.

those of our own making. The first is, indisputably, given by the

Constitution of the Territory, and the second by the act of the

United States. That all doubts, therefore, may be removed, I

would advise an immediate repeal of all the laws of the Terri-

tory, and that laws of some or all of the original States be

adopted and published in their stead. In doing the last, we shall

act in strict conformity to the spirit and the letter of the Or-

dinance; and if the laws adopted are disapproved by Congress, it

can only be on the ground of the inaptitude, an objection which,

it is to be hoped, they will not be open to. In doing the first,

we shall exercise a power expressly conferred by law, and,

therefore, not liable to censure. Neither does it appear to me,

gentlemen, that there can be any inconvenience or much trouble

in the business; for all the laws that are thought necessary may

be agreed upon and prepared, for they will require some prepara-

tion, and their adoption go hand in hand with the repeal of

the others. Another consideration, gentlemen, will certainly have

some weight, as I also observed to the former judges. Excep-

tions to the constitutional obligation of the laws may be taken

in the courts of law, and you may find yourselves obliged, as

judges, to decide against laws enacted by yourselves as legislators

- an embarrassing dilemma!

In this matter as in every thing else which can contribute

to the safety and happiness of the people, it will ever give me

pleasure to concur with you; but should it happen that on this

subject our sentiments continue to differ, I will, at another time,

point out to you several laws which, in my opinion, should be

repealed at all events, together with my reasons for that opinion.

I will trespass, gentlemen, but a moment longer on your patience,

while I communicate another reason why I had much wished a

meeting at an earlier point of time. It was produced by some

proceedings of the judges of the County Court of Common Pleas

for the county of Hamilton. The original commission to that

court ran without any limitation as to its duration. The secretary

of the Territory, at a time when the powers of the Governor

devolved upon him, for good reasons, thought proper to issue a

new commission to that court, limited expressly to continue in

force during pleasure. The judges of the court had mistakenly

considered the want of limitation in the original commission as

rendering it equivalent to one expressly conditional to continue

in force during good behavior; and that, of course, it could

neither be revoked nor superseded, but in consequence of some

misdemeanor legally ascertained. They refused to be sworn in

under the new commission, and proceed to assemble and do

business as a court under the original one. As their proceedings

in that case were clearly vicious, for the new commission super-

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Legislature of the Northwestern Territory, 1795.  27

 

seded the former one, and as it may be that considerable property

rests upon adjudications then made by them, I should have recom-

mended an act to render them valid. The power of granting

writs of habeas corpus, which is, I believe, exclusively in the

judges of the general court, has also been claimed, and in one

instance, as I am informed, exercised by those judges. Al-

though, under my present impressions, I can not now recommend,

and could not consent to a law to sanction those proceedings,

which must, if called in question, stand or fall upon their own

merit or demerit; yet, I think there would be no impropriety in the

governor and judges declaring their sense upon them both, and I

am persuaded it would have the salutary effect to keep the ad-

ministration of justice steady and regular, and its stream un-

disturbed.

ORDERED, That the foregoing speech be laid on the table,

for the judges to answer.

On motion of Judge Turner, ordered,

That the doors of the house be kept open, during the session,

for the admission of such citizens as may choose to hear the

debates.

Resolved, That a messenger be appointed.

Adjourned to meet tomorrow at 9 o'clock, A. M.

SATURDAY, MAY 30, 1795.

Assembled, according to adjournment.

The clerk having read the minutes of yesterday (and this

he was directed to do, daily) the following petitions were next

read, viz.

1. A petition of Joel Williams, praying for a law to au-

thorize him to erect and hold a public ferry, from his landing in

Cincinnati, to the opposite shore of the Ohio.

2. A petition of Rebecca Kennedy, to vest in her the keep-

ing of a similar ferry.

3. A petition of Patrick Simpson, of Vincennes, in the

county of Knox; praying to be enabled, by law, to satisfy a debt,

confirmed to him by a judgment there, out of the debtor's real

estate, by selling a proportion thereof.

4. A petition of Daniel Symmes, sheriff of Hamilton, con-

cerning the better regulation of the Jail, and the safe-keeping of

prisoners.

5. A petition of the judges and justices of the courts of

common pleas and general quarter sessions of Hamilton.

6. Another from the grand jury of that county, in general

quarter sessions of the peace.

• 15
 

(28)

• 16
 

Legislature of the Northwestern Territory, 1795.  29

 

7. Another from a numerous body of citizens, inhabitants

of the same county.

The three last petitions, prayed for certain new laws, and

alterations in others.

8. A petition of Wm. Lemona, praying to be divorced from

his wife.

The several petitions were ordered to lie on the table.

Judge Symmes produced copies of the domestic and foreign

attachment laws of New Jersey, and moved for their adoption.

Laid on the table.

Judge Turner moved to make or adopt nineteen laws to

the following effect. viz.:

1. A comprehensive free-bill, repealing the present laws on

that subject.

2. An attachment law.

3. A law to regulate the practice of inferior courts.

4. A law to subject real estates to the payment of debts.

5. A law to extend the jurisdiction of a single judge to 20

dollars.

6. A law abolishing imprisonment for debt; and directing

proceedings, on the part of the creditor, towards the recovery of

his demand, at a future day.

7. A law to alter and amend the gaming act.

8. A law for the relief of the poor.

9. A law authoriizng the courts of the common pleas, to

bind out, for a reasonable term, free children born of slaves.

10. A law for erecting and establishing houses of correc-

tion in the several counties.

11. A law to alter and amend the estray act.

12. A law to authorize immediate execution, on entering

up final judgment.

13. A law for the establishment of public ferries; the rates

to be regulated by the respective courts of quarter-sessions.

14. A divorce law.

15. A law for the naturalization of aliens.

16. A law concerning estreats.

17. A militia law and to repeal the present one

18. A limitation law, upon the principles of a former law,

since disapproved of by Congress, except as to bonds and

specialties.

19. A law to abolish the districts of Kaskaskia, Prairie de

Rocher and Kahokia; and to extend the jurisdiction of single

courts of common pleas, general quarter-sessions of the peace

and probate of the county of St. Clair, over the whole county.

ORDERED, To lie on the table.

• 17
 

30       Ohio Arch. and Hist. Society Publications.

 

The answer of Judges Symmes and Turner to the governor's

address was presented and read.

 

 

ANSWER OF JUDGES SYMMES AND TURNER TO THE GOVERNOR'S

SPEECH, DELIVERED IN THEIR LEGISLATIVE CAPACITY.

We reciprocate with your Excellency that satisfaction which

you have been pleased to express at the opportunity that now en-

ables us to assemble in our legislative capacity; and the more so,

since we are sensible of the difficulties that occasionally must

occur in bringing the legislative members, together at given times.

Permit us to congratulate you, sir, upon seeing you again among

us.

That our codes, both civil and criminal, are incomplete,

and that, in consequence, the people have experienced incon-

venience is unquestionable. But nothing, on our part, shall be

wanting to concur with you, sir, in obviating existing defects,

and making such legislative provision in the future as may be

most conducive to the public weal. The opinions entertained in

the legislature of the United States, as to the force of our Ter-

ritorial statutes, are peculiarly entitled to consideration.

We acknowledge that the Ordinance of 1787 is the Consti-

tution of this Territory. But doubts have arisen as to the con-

struction of it. From these doubts, and the apparent difficulty

of selecting laws from the original States suited, in all cases, to

the local circumstances of the Territory, and from the words

"adopted or made," as used in the Ordinance, we may infer that

the principle of enacting grew up in preference to that of adopt-

ing laws. To some of us, indeed, there appeared to be in the

Ordinance a degree of ambiguity that might seem to justify

either the one or the other; and, though the instrument points to

distinct periods of time, yet those periods do not seem to be so

strongly marked or separated as not to be open to a difference

of opinion.

That respect which is due to the legislature of the General

Government will, however, always incline us to pay the greatest

deference to its opinions. Your Excellency tells us that, for

annulling certain enacting statutes of the Territory, a bill had

lately passed in the House of Representatives of the United

States, and was non-concurred in in the Senate, as you are in-

formed; not from a difference of opinion, but from a persuasion

that such statutes were ipso facto void in themselves, and, there-

fore, improper to be declared to be an act of that legislature.

Let us advert here to an act of Congress passed May 8,

1792; we shall there see, if not a direct, at least an implied

recognition of the power to enact, as exercised by the Governor

• 18
 

Legislature of the Northwestern Territory, 1795.  31

 

and judges. Sec. I. "The laws of the Territory of the north-

west of the River Ohio that have been or that hereafter may be

enacted by the Governor, judges, etc." And again, Sec. II. "The

Governor and judges of the Territory north-west of the River

Ohio, shall be, and hereby are authorized, to repeal the laws by

them made, etc."

Whether these clauses had any, and what influence towards

continuing the practice of originating laws, is not for us to say,

as one of us only was present at the last session. But, it may

fairly be presumed, their weight would be inconsiderable.

As it seems, sir, to be your opinion that the legislature ought

to confine itself to the principle of adoption alone, we are ready to

meet you on that ground, in order that no impediment may lie

in the way of legislative duty. There being but a bare majority

of the members assembled, unanimity now becomes indispensable.

Without this, our legal code, by far too inadequate, at present,

to answer the ends of good government, would remain as it is,

and our meeting prove nugatory.

It is true, however, and we mention it with regret, that

there are some laws of which the Territory is in great need, but

which, from locality, we despair of finding among those of

the original States. The chasm in this case can only be supplied

by the authority of Congress, expressly extended to us by statute.

But, whether that honorable body, whose legislative functions

are of a general nature, would think it proper to interfere in this

respect, is a question that belongs not to us to determine.

In one of the quotations from your correspondence with the

former judges, and with which you have favored us in your

speech, it seems that a difference of opinion existed as to a

negative on the laws then claimed by the Governor. You have

said, "there would be an impropriety, at least, in leaving the

adoption of laws by which the people of the district were to be

governed for a time, solely to the persons who were to expound

them."

We grant the impropriety. The time when the Ordinance

was framed, the temporary government which it had for its

object, and the early existing circumstances of this country, must

plead its apology. But, we would submit to your Excellency

whether this impropriety could either be lessened or removed by

leaving to the Governor a negative on laws to be adopted by a

legislative body, never composed of more than four and generally

of but three members, when he has a right to sit as one, and as

one to debate and vote on those laws in common with the rest ?

What does the Constitution say? "The Governor and judges,

or a majority of them, shall adopt and publish," etc. Words, we

presume can not be stronger, let punctuation be what it will.

• 19
 

32       Ohio Arch. and Hist. Society Publications.

 

To us, they convey a prompt, a decisive meaning, namely, that

the three judges may assemble in the Governor's absence and

adopt laws at discretion. Besides, sir, the word negative is not

to be found throughout the Constitution or Ordinance, so far

as it regards the present government.

Painful as it is for us to differ, in any instance, with your

Excellency, yet the subject in question being now before the

public, public duty (and, we dare say, your own wish) requires

that our opinions should not be suppressed.

We will recollect, sir, that when we first had the honor to

meet you at this place in our legislative capacity, you expressed

doubts of our constitutional power to make laws. We remember,

too, that the best consideration we could then give the Ordinance

inclined us to believe that the powers either to adopt or make

laws were optional as to the legislators. If our construction of

the Ordinance be in this respect faulty, it must have arisen from

that seeming ambiguity we have already noticed.

We agree that "the power of the Governor and judges to

repeal laws by them made," is not to be found in the Ordinance.

It was superadded, as you have observed, by a law of the United

States. Nor do we hesitate to declare with you, sir, that it

would be "too broad an inference" to draw from the words "by

them made" -an implication that might contradict either the

spirit or the letter of the Ordinance. Enacted would be a much

stronger word; it is a word of unequivocal purport, and may be

found, as we have already shown, in the preceding section of the

same act. We do not, however, mean to say how far the funda-

mental principles of a compact between the people and the gov-

ernment can be affected by subsequent acts not sanctioned by

the consent of the former.

Cordially we unite with your Excellency in expressing our

disapprobation of that law where a form of process is established

that would compel a humane creditor to imprison the body of

his debtor. The form, though borrowed from the Massachusetts

code, is not, in our opinion, congenial to the mild genius of the

common law; and, therefore, we shall cheerfully concur with you

in the repeal of that part, or the whole of the law, should it be

found needful.

Pursuant to your recommendation, we shall join you in

taking into serious deliberation the proposed repeal of the present

laws.

In all matters that may promote the safety and happiness of

the people, the judges will ever be forward to concur with the

Governor; and on this foundation we earnestly embrace your

proposition.

• 20
 

Legislature of the Northwestern Territory, 1795.  33

 

With you, sir, we regret that we could not convene before

the present moment, especially as a legal question may arise how

far the proceedings of a subordinate court have, in the instance

to which you allude, been conformable to the limits of their

power.

No county court, nor judge of a county court, can issue a

habeas corpus; that writ lies from a superior power alone. But

we are sorry in not being equally fortunate to form a concur-

rence of opinion with your own upon the other case stated re-

specting the same judges. It has been our uniform sentiments

that no judge of a court of record ought to hold his commission

during pleasure; for that would sap the independence of the

bench by making him the creature of the Executive. It would

not accord with the Constitution of the United States; nor, we

believe, with the Constitutions generally of the individual States.

It would be at variance with the genius of our laws and the pro-

tection of person and property; upon which life and liberty

greatly depend. We are persuaded your Excellency's ideas will,

in the end, meet ours in this respect.

As we shall now cease to trespass further on your patience

accept, again, sir, our professions of readiness to unite, at all

times and on all occasions, in laboring for the common weal by

transfusing into the public mind those wholesome rules which,

while they discourage vice, promote virtue, protect the weak

against lawless force, and deny liberty to none but those who

shall justly forfeit it by their crimes and the laws of the land.

Such, we trust, will ever be the objects of a legislative body con-

vened for the purpose of providing useful laws.

JOHN CLEVES SYMMES,

G. TURNER.

Judge Turner then gave notice if the house should deem

itself competent to the purpose, he would, at a future day, move

for the impeachment of Henry Vanderburgh, judge of probate

in the county of Knox, for high misdemeanors by him committed.

Adjournment to meet on Monday at 9 o'clock, A. M.

 

MONDAY, JUNE 1.

Assembled according to adjournment.

The Governor proposed, for adoption, an act of Pennsyl-

vania, entitled, "an act for taking lands in execution for the pay-

ment of debts." It was adopted, under the title of "a law sub-

jecting real estate to execution for debt."

ORDERED, That, in the the present case, and on every future

adoption of laws, the clerk do conform the bill to existing local-

Vol. XXX -3.

• 21
 

34       Ohio Arch. and Hist. Society Publications.

 

ities of the Territory, without otherwise affecting the spirit of

the laws so adopted: and that he drop all preambles and unnec-

essary or tautological phrases and words.

Judge Turner moved for the repeal of that part of a law of

the Territory, which imposes a tax on merchants and traders.

The motion was laid on the table.

On motion of the Governor, it was agreed to adopt, as laws,

the first enacting clause of an act of Pennsylvania entitled, "an

act about attachments;" beginning at the words, "that the

justices" and thence to the end of the clause: also, that part of

another act from the same code, entitled, "an act regulating at-

tachments"; beginning with the first clause at the words, "that

if any person," and ending with the termination of the sixth en-

acting clause--the latter law to be entitled "a law regulating

domestic attachments."

Moved, by Judge Turner,

That all laws and parts of laws, which impose forfeitures

of estate for crimes be repealed.

ORDERED, To lie on the table.

Adjourned to meet tomorrow, nine o'clock, A. M.

 

TUESDAY, JUNE 2.

Assembled according to adjournment.

The several petitions for extending the jurisdiction of a

single magistrate, were made the order of the day for tomorrow.

Charles Avery was appointed messenger, and allowed a

dollar per diem during the session.

Adjourned to meet tomorrow, at nine o'clock, A. M.

 

WEDNESDAY, JUNE 3.

Assembled according to adjournment.

Moved by the Governor that so much of an act cf Pennsyl-

vania as is suited to the localities of the Territory entitled, "an

act establishing courts of judicature," be adopted as a law: and

that the Territorial laws, first for establishing courts of general

quarter sessions of the peace; secondly for fixing the terms

of the general court; and thirdly, for altering the terms

thereof, be repealed.

The motion being reduced to writing, was ordered to lie on

the table.

Proceeded to the order of the day, and extend the jurisdic-

tion of a single magistrate, by adopting and incorporating into

one law, certain parts of two acts in the Pennsylvania code; one

being "an act for the better determining of debts and demands

• 22
 

Legislature of the Northwestern Territory, 1795.  35

under forty shillings, &c., the other, "an act for the easy and

speedy recovery of small debts."

The Governor moved for the repeal of two Territorial laws

entitled "an act prohibiting the sale of spirituous and other in-

toxicating liquors to soldiers," &c. and "an act to prohibit the

giving or selling intoxicating liquors to Indians," &c.

The motion was agreed to.

On motion of Judge Turner,

Resolved, That the governour be requested to forward a

representation to Congress, expressive of the increasing value of

the reserved public sections of land, some of which could now be

rented for valuable considerations, to the furtherance of religion

and education.

On motion of the governour,

It was agreed to adopt an act from the Pennsylvania code

entitled, "an act for defalcation."  The clerk was directed to

prepare an engrossed bill under the title of "a law concerning

defalcation."

The consideration of the Pennsylvania law entitled "an act

for establishing courts of judicature" and of the proposed re-

peal of certain Territorial statutes, as moved by the Governor

this morning, was made the order of the day for tomorrow.

Adjourned to meet tomorrow at nine o'clock A. M.

 

THURSDAY, JUNE 4.

Assembled agreeable to adjournment and proceeded to the

order of the day.

ORDERED, That the clerk do immediately prepare the draft

of a bill, founded on the "act for establishing courts of judica-

ture" - paying due regard to its application to the local circum-

stances of the Territory.

Adjourned to meet tomorrow at nine o'clock A. M.

 

FRIDAY, JUNE 5.

Assembled accordingly.

The Governor proposed for adoption from the Pennsyl-

vania code, "an act for the trial and punishment of larceny,

under 5s."

The same being agreed to, the clerk was directed to en-

gross a bill thereof, adding after the words, "five shillings," the

words, equal to 150 cents.

Agreed to adopt as a law from the same code, "an act to

prevent inconveniences arising from delays of causes after issue

joined." The clerk was ordered to engross a bill for the purpose,

• 23
 

36       Ohio Arch. and Hist. Society Publications.

under the title of "a law to prevent unnecessary delays in causes,

after issue joined."

"An act for the limitation of actions" taken from the same

code, was next proposed by the Governor for adoption.

Ordered that the clerk do accordingly prepare a bill for con-

sideration tomorrow.

On motion of Judge Turner.

Resolved, That the clerk of the Legislature be entitled to

8 cents for every hundred words he shall write, by order of the

Legislature, in full compensation for all services and expenses

incident to his office.

Adjourned till tomorrow, at nine o'clock A. M.

 

SATURDAY, JUNE 6.

Assembled agreeable to adjournment.

A bill founded on the act of Pennsylvania entituled, "an act

for establishing courts of Judicature," being read and discussed

paragraph by paragraph was adopted as a law of this Territory-

with addition to sections 2d and 6th of an act in the same code,

entitled "an act to amend the act entitled" "an act for establishing

courts of Judicature."

On motion of Judge Symmes.

Adjournment to meet on Wednesday at nine o'clock A. M.

 

WEDNESDAY, JUNE 10.

Assembled accordingly.

The bill for the 'limitation of actions' was produced, read,

discussed, paragraph by paragraph, and adopted as a law. The

clerk was ordered to engross it.

Read an act from the Pennsylvania code entituled, "an act

for the relief of such persons, as consciensiously scruple the

taking of an oath in the common form"; agreed to adopt the

same, beginning at the words, "all and all manner of crimes," in

the first enacting clause, and continuing to the words in the same

clause. "either by taking;" and instead thereof, substituting these

words; viz., those of the people called Quakers, by taking the

solemn affirmation, and those of the Persuations who swear with

uplifted hand or hands, by taking an oath, in the following words,

also after the word "oath" in the last clause, shall be added these

words; directed by an act of the United States, entituled, "an act

prescribing the time and manner of administering certain oaths,"

and the oath of office.

The clerk was ordered to prepare an engrossed bill accord-

ingly.

• 24
 

Legislature of the Northwestern Territory, 1795.  37

An act of Pennsylvania, entituled, "an act for the better

recovery of fines and forfeitures due to the Governor and gov-

ernment of this province was proposed for adoption, and a bill

thereof ordered to be drafted for consideration.

Adjourned to meet again tomorrow, at nine o'clock A. M.

 

THURSDAY, JUNE 11.

Assembled accordingly.

The Governor proposed for adoption, in part, or in whole,

according to local circumstances, the following laws of Penn-

sylvania.

1. "An act for the acknowledging and recording of deeds."

2. A supplement to the act, entituled, "an act for acknowl-

edging and recording of deeds." -and

3. An act for bailing of prisoners, and about imprison-

ment."

Copies of the foregoing acts were directed to be made, for

farther consideration.

Read and examined two engrossed bills, one entituled, "a law

for the relief of persons consciensiously scrupulous to take an

oath, in the common form;" the other, "a law for the recovery

of fines and forfeitures, & directing how the same are to be

estreated." They were declared to be laws, accordingly.

On motion of Judge Turner,

Resolved, That the Governor be requested to make appli-

cation to the general government for public seals for the record-

er's offices, and the orphans' courts to be established this sessions.

Adjourned till tomorrow 9 o'clock, A. M.

 

FRIDAY, JUNE 12.

Assembled according to adjournment.

Judge Turner produced a letter from the secretary, enclosing

a demand against the Territory, for  -     dollars on account

of certified copies of Territorial laws, furnished by him, the

secretary, to certain public officers.

Laid on the table.

Read from the New York code, "an act for relulating the

fees of the several officers and ministers of the courts of justice."

Ordered that the clerk cause a bill, founded on the above

act, to be engrossed; beginning at the clause which relates to

the fees of the supreme court.

Read an act of Pennsylvania, entituled, "an act for the bet-

ter confirmation of the estates of persons, holding or claiming

under feme coverts, and for establishing a mode by which hus-

band and wife may, hereafter, convey their estates."

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38       Ohio Arch. and Hist. Society Publications.

 

A bill thereof was ordered to be drafted for consideration.

The consideration of the following acts of Pennsylvania was

made the order of the day for tomorrow; viz., "an act for raising

of county rates and levies," and "a supplementary act to the act

for raising county rates and levies."

ORDERED, That the clerk notify the secretary by letter, that

the legislature will have occasion, tomorrow morning, at 10

o'clock to examine before them the public records filed in his

office.

Adjourned till tomorrow, 9 o'clock, A. M.

SATURDAY, JUNE 13.

Assembled according to adjournment.

The secretary of the Territory produced the records agree-

ably to the notification of yesterday:-and certain parts thereof

were examined: whereupon,

On motion of Judge Turner,

Resolved, That the governor make application to the proper

authority in the United States, for a resolution or law of Con-

gress, that shall authorize the printing of 200 impressions of the

ordinance of congress, passed the 13th of July, 1787 for the

Government of this territory; of such laws of the United States

as are extended to the territory, and all treaties affecting the

same; together with the proclamations, ordinances, and notifica-

tions subjoined. And that all similar papers and acts may, from

time to time, be added to the copies of the territorial laws,

to be hereafter printed in virtue of the act of Congress passed

in 1792:

1. The governor's ordinance, erecting the county of Wash-

ington, dated July 27th, 1788.

2. His ordinance creating the county of Hamilton, Jan-

uary 4, 1790.

3. His proclamation, concerning lands at the Illinois, March

7, 1790.

4. Another, respecting lands there, claimed by the seminary

of Quebec, dated April 22, 90.

5. His ordinance erecting the county of St. Clair, April

27, 1790.

6. His order, forbidding foreigners to commit waste on

the lands of the territory, dated, May 10, 1790.

7. His order forbidding foreigners from hunting within

the same: the like date.

8. The secretary's ordinance erecting the county of Knox,

June 20, 1790.

9. His ordinance towards the preservation of the game

therein, June 28th, 1790.

• 26
 

Legislature of the Northwestern Territory, 1795.  39

 

10. His ordinance extending the county of Hamilton, Feb-

ruary 11, 1792.

11. His notification against committing waste on the public

or reserved sections of land, June 18, 1793.

12. The governour's proclamation enjoining neutrality with

friendly powers &c., Dec. 7, 1793.

Two acts of Pennsylvania for raising county rates and levies

(being the order of the day) were read; and postponed for

farther consideration;-and

The act of Pennsylvania, for "acknowledging and recording

of deeds" and an act supplementary thereto, were made the

order of the day for Monday next.

Adjourned to meet on Monday at 9 o'clock A. M.

The list of the laws, should have appeared in our last,

according to promise-but was not handed to the press, until

last evening, which also, prevents its appearance this week; but

shall certainly appear in our next.

MONDAY, JUNE 15.

Assembled accordingly.

The order of the day being postponed, the house proceeded

to the consideration of the act of New York for regulating the

fees of the several officers and members of the courts of justice,

passed in 1785. Having made some progress therein, the house

adjourned to meet again tomorrow 9 o'clock, A. M.

 

TUESDAY, JUNE 16.

Assembled agreeably to adjournment.

Resumed the subject of the fee bill:-

Resolved, That the same be adopted, as a law regulating and

ascertaining the fees of the officers and persons therein named,

under the modifications agreed on, as locally applying, and in-

corporating therewith a part of an act of Pennsylvania, called

"an act for regulating and establishing fees".

Two acts of Pennsylvania, were next offered for adoption,

viz. "An act for the better settling of intestates' estates," and

"an act for establishing orphans' courts."

Resolved, That they be adopted; beginning at the first en-

acting clause of the act first mentioned, and continuing to the end

of the 7th clause thereof; and beginning with the first clause of

the other, and ending with the 15th clause.

Took up two other acts of the same state, being an act and a

supplement thereto, concerning the recording of deeds. Post-

poned for further consideration.

Resolved, That the messenger do require the commissioners

who have granted licenses to tavern keepers, retailers, &c., in

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40       Ohio Arch. and Hist. Society Publications.

Cincinnati to appear before the legislature tomorrow morning,

and produce statements of the licenses by them granted.

The order of the day being called for, some progress, but no

decision, was made thereon.

Adjourned to meet tomorrow at nine o'clock, A. M.

 

WEDNESDAY, JUNE 17.

Assembled according to adjournment.

The commissioners for granting licenses attended, and hav-

ing produced their statements, the same were perused and filed.

Whereupon, the following resolution was moved for by

Judge Turner, and ordered to be entered on the minutes: -

Resolved, That a number of taverns, inns and tippling-houses

at present in the town of Cincinnati, are nuisances injurious to

the morals of the people, and contrary to the spirit of legal regu-

lations; which could not be intended to countenance any abuse. -

Resolved, therefore, That the clerk do cause the above

resolution to be published in the Centinel of the North-Western

Territory.

The Governor then proposed for adoption, two laws of

Pennsylvania, viz.: "An act that no public house or inn be kept

without license" and an act supplementary thereto.

Both were accordingly adopted, into one law, by the title

of "a law to license and regulate taverns."

Read the following petitions, viz.:

1. Read a petition from Martha, the wife of Wm. Lemond,

stating many abuses alleged to have been imposed on her by the

husband - and praying relief.

2. A petition from Samuel Freeman, praying authority to

keep a public ferry at Cincinnati.

These petitions were laid on the table.

Read from the Pennsylvanian code, at the instance of the

Governour, "an act for bailing of prisoners, and about imprison-

ment."

ORDERED, That it lie on the table for future consideration.

The acts concerning the acknowledging and recording of

deeds were again taken up, but no decision was had thereon.

Adjourned to meet tomorrow at 9 o'clock, A. M.

 

THURSDAY, JUNE 18.

Assembled accordingly.

And resumed the consideration of the acts respecting the

acknowledging and recording of deeds. The same were adopted

into one law, omitting various clauses in both, under the title of

"a law establishing the Recorder's Office."

• 28
 

Legislature of the Northwestern Territory, 1795.  41

 

The Pennsylvanian acts for raising county rates and levies,

the order of the day on Saturday last, were again taken up and

discussed; but no resolution was had thereon.

Adjourned till tomorrow, 9 o'clock, A. M.

 

FRIDAY, JUNE 19.

Assembled according to adjournment.

ORDERED, That the clerk prepare bills founded on the Penn-

sylvanian act for raising county rates and levies, and the act for

the relief of the poor, beginning at the 5th, and ending with the

11th clause of the former; and of the latter ending with the

33d clause, with certain omissions. The same were declared to be

so adopted as laws of this Territory.

"An act concerning the probate of written and nuncupative

wills, and confirming devises of land," was next adopted from

the same code, by the title of "a law concerning the probate of

wills, written or nuncupative"; beginning at the first, omitting the

6th and ending with the 7th clause thereof.

On motion of Judge Symmes,

Adjourned to meet on Wednesday next at 10 o'clock A. M.

 

WEDNESDAY, JUNE 24.

Assembled according to adjournment: but a quorum not

appearing, adjourned till tomorrow, 9 o'clock A. M.

 

THURSDAY, JUNE 25.

Read a petition from Eleanor, widow of the late Captain

Andrew Heth, praying for an exclusive right to keep a public

ferry at Clarksville, on the Ohio, in the county of Knox.

Laid on the table.

Read, and laid on the table; an estimate of incidental ex-

penses for the county of Hamilton, between November last and

November ensuing, amounting to 100 dollars: communicated

from the quarter-sessions according to law.

0n act of Pennsylvania, "for regulating and maintaining of

fences," was read, discussed and adopted under the title of "a

law regulating enclosures."

ORDERED, That the clerk prepare a bill, founded on a law of

Pennsylvania entituled, "an act directing the order of payment

of debts of persons deceased:" and that the same be laid before

the house tomorrow.

Received an account from John S. Gano & Co. for two folio

bound blank books, intended for the use of the General Court,

amounting to forty dollars. The same was allowed and filed.

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42       Ohio Arch. and Hist. Society Publications.

 

Read, the law of Pennsylvania, entituled, "an act concerning

cattle, horses and sheep trespassing within this province".

ORDERED, That the clerk prepare and found a bill thereon.

Adjourned to meet tomorrow, 9 o'clock, A. M.

 

FRIDAY, JUNE 26.

Assembled accordingly.

Examined and discussed two bills, founded on the Pennsyl-

vanian act, "directing the order of payment of debts" and the

"the act concerning cattle, horses and sheep trespassing," &c.

Resolved, That the same are adopted as laws the latter to be

under the title of "a law concerning trespassing animals."

Proceeded to the discussion of another law of that state,

viz.: "An act for the better confirmation of the estates of persons

holding or claiming under feme coverts, and for establishing

a mode by which husband and wife may hereafter convey their

estates."

Resolved, That the same be adopted, (beginning at the second

enacting clause) under the title of "a law directing how husband

and wife may convey their estates."

Adjourned till tomorrow 9 o'clock, A. M.

 

SATURDAY, JUNE 27.

Assembled according to adjournment.

Resumed the discussion of the act concerning county rates

and levies; and referred it for further consideration.

On motion of Judge Symmes,

Adjourned to meet on Monday, July 6th at 9 o'clock A. M.

 

MONDAY, JULY 6.

Assembled according to adjournment; but, a quorum not

appearing, adjourned from day to day, till

 

TUESDAY, JULY 14.

Then assembled according to adjournment.

Judge Turner proposed 23 certain laws for adoption, in part

or in whole, as should appear to be requisite. - they were taken

into consideration, and the following adopted from the Massa-

chusetts code, viz.:

1. A law for the speedy assignment of dower: leaving out

the forms of process, and omitting the word "strip" wherever it

occurs in the original law.

2. A law giving remedies in equity in certain cases; to con-

clude at the words "equity and good conscience".

• 30
 

Legislature of the Northwestern Territory, 1795.  43

3. A law against forcible entry and detainer. The word

proceedings, to be substituted for "doings" and "quorum unus"

to be omitted throughout.

4. A law annulling the distinction between petit treason

and murder - and

5. A law declaring what laws shall be in force; taken

from the Virginian code.

ORDERED, That the clerk prepare engrossed bills accordingly.

The Governor brought forward, from the Pennsylvanian

code "a law to restrain trespassers from cutting down timber

trees." The same was adopted under the title of "a law to pre-

vent trespassing by cutting of timber" - with the following modi-

fications, viz.: After the words "black walnut," insert, wild-

cherry, blue-ash, or poplar tree; and proceed to read, "he shall

forfeit to the owner thereof "eight dollars," and for every other

tree "three dollars."

Ordered to be engrossed accordingly.

Read, and laid on the table, a petition from Mary Starkey,

an imprisoned debtor, praying for relief.

ORDERED, That an act be immediately engrossed, and en-

tituled "an act repealing certain laws and acts, and parts of laws

and acts."

At the instance of the house, William Maxwell, of Cin-

cinnati, preferred his proposals for printing a correct edition of

the laws, in quarto. He exhibited an estimate of the expense for

500 copies, amounting, at the rate of 250 cents per half sheet,

to 226 dollars, 125 whereof being charged for setting up the

types. - Whereupon

Resolved, That the said William Maxwell, is hereby author-

ized to print and publish 1000 copies of the laws of the present

session, letter for letter with the original records; and that the

legislature will take 200 copies thereof after the rate above men-

tioned, and allowing the printer the proportion of one-fifth part

of the aforesaid sum of 125 dollars.

Adjourned to meet tomorrow morning at 9 o'clock.

 

WEDNESDAY, JULY 15.

Assembled according to adjournment, and, resuming the

consideration of the laws proposed yesterday, the following were

declared to be adopted:

1. A law respecting Divorce: extracted from the Massa-

chusetts code.

2. A law for the partition of Lands; taken from the New

York code, omitting the clauses 2, 11, 12, 13, and 14.

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44       Ohio Arch. and Hist. Society Publications.

 

3. A law allowing foreign attachments taken from the N.

Jersey code.

Bills were accordingly, directed to be engrossed.

Adjourned to meet tomorrow 9 o'clock A. M.

 

THURSDAY, JULY 16.

Assembled pursuant to adjournment and resumed the con-

sideration of the remaining laws proposed on Tuesday. The

following were in consequence adopted, viz.:

1. A law concerning the duty and power of coroners;

taken from the Massachusetts code.

2. A law for continuing suits in the General and Circuit

courts; extracted from the Virginian code.

3. A law to suppress gaming; from the same code.

The clerk was directed to engross bills thereof.

Adjourned till tomorrow morning at 9 o'clock.

 

FRIDAY, JULY 17.

Assembled accordingly.

The Governor proposed, for adoption, from the Pennsyl-

vanian code "an act for the sale of goods distrained for rent."

&c.

The same was adopted, under certain modifications and en-

tituled "a law as to proceedings in Ejectment, Distress for rent

and tenants at will holding over."

Examined engrossed bills.

Adjourned to meet tomorrow morning 9'oclock.

 

SATURDAY, JULY 18.

Assembled accordingly; resumed the examination of en-

grossed bills, and adjourned to meet on Monday at half an hour

past 8 o'clock A. M.

MONDAY, JULY 20.

Assembled according to adjournment.

Resolved, That the county treasurer of Hamilton be notified

by the clerk to render his accounts, for the inspection of the

legislature as required by law.

Read a petition from George Gordon, coroner of Hamilton,

accompanied with sundry accounts, for monies disbursed by

him, in the execution of his office, or for which he is liable,

amounting to 115 dollars, 48 cents: whereupon the following

resolution was had, viz.:

By the Governor and Judges, in their Legislative capacity,

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Legislature of the Northwestern Territory, 1795.  45

Resolved, That the treasurer of the county of Hamilton do

pay, and he is hereby authorized to pay to George Gordon, Esq.,

coroner of the said county of Hamilton, above mentioned, the

sum of 115 dollars and 48 cents: for which a transcript of this

resolution, attested by the Governor, shall be a sufficient warrant.

Adjourned to meet tomorrow morning, at half past 8 o'clock.

 

TUESDAY, JULY 21.

Assembled accordingly, and resumed the examination of

engrossed bills.

On motion of Judge Turner,

Adjourned to meet on Thursday morning, at the same hour.

 

THURSDAY, JULY 23.

Assembled accordingly, and proceeded to the examination of

engrossed bills.

On motion of Judge Symmes,

Adjourned till half past 8 in the morning of

 

WEDNESDAY, JULY 29.

Assembled; but there not being a quorum, adjourned from

day to day till

FRIDAY, JULY 31.

Then assembled, and resumed the examination of engrossed

bills.

ORDERED, That a fair and accurate copy of the laws, adopted

during the present session, be made for the use of the Press.

Ezra Fitz-Freeman having signified his inclination to take

upon him this business, and to wait for compensation till the

treasury can discharge the same.

Resolved, That Mr. Freeman, is accordingly appointed.

Adjourned to meet tomorrow morning at half an hour past 8

o'clock.

SATURDAY, AUGUST 1.

Assembled accordingly, when the following petitions were

received and read.

1. The petition of Darius Curtis Orcutt, for leave to keep

a public ferry on the Great Miami, where the public road from

Cincinnati to Greenville crosses the said river.

2. The petition of Andrew Christie, for leave to keep a

ferry at the same place.

3. The petition of Stephen Cisna, an imprisoned debtor,

stating his insolvency, and praying relief.

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46       Ohio Arch. and Hist. Society Publications.

Ordered to lie on the table.

Stephen Wood, treasurer of Hamilton, presented his public

accounts for inspection.

ORDERED, That the said treasurer have leave to withdraw

his books to give them a more official form; and that he produce,

during this session, a true and certified copy of the entries, under

the modification required, to be placed on the clerk's files.

Resumed the examination of engrossed bills.

Adjourned to meet on Monday, at half an hour past 8 A. M.

MONDAY, AUGUST 3.

Assembled accordingly.

Received and read an account from Wm. Maxwell for print-

ing and advertising at different times, the Governor's procla-

mations, amounting to 31 dollars.

Laid on the table.

Resumed the examination of engrossed bills.

Adjourned to meet at the usual hour tomorrow.

TUESDAY, AUGUST 4.

Assembled accordingly and proceeded to the examination of

engrossed bills.

Adjourned to meet tomorrow at the usual hour tomorrow.

WEDNESDAY, AUGUST 5.

Assembled at the appointed time, and took up engrossed

bills for examination.

The Territorial seal and the signatures of the Governor

and judges were set to the law subjecting real estate to execution

for debt;

The law allowing Domestic Attachments, and

The law further regulating Domestic Attachments;

To take effect on and from the 15th instant.

Adjourned to meet tomorrow, at 9 o'clock, A. M.

 

THURSDAY, AUGUST 6.

Assembled at the hour appointed.

The treasurer of Hamilton attended with his public ac-

counts. Some of the vouchers (among other things) appearing

to be insufficient.

Resolved, That the treasurer have leave to withdraw his

accounts and vouchers, to amend and perfect the same.

It appearing, also, that certain monies had been paid from the

county treasury, on orders not warranted by law, such as mileage

for constables, &c.

• 34
 

Legislature of the Northwestern Territory, 1795.  47

 

Resolved, That such charges cannot be allowed.

Examined some engrossed bills, and adjourned to meet to-

morrow morning at 9 o'clock.

FRIDAY, AUGUST 7.

Assembled accordingly, and re-examined certain engrossed

bills.

On motion of Judge Turner,

Resolved, That the Minutes of the Legislature, together with

the accounts of the public treasurers, be published, as exhibited

from time to time, by any printer willing to print and publish

the same for his own emolument, but at his own expense.

The treasurer of Hamilton again produced his accounts,

together with certain vouchers of disbursements, now perfected

that were, yesterday, deficient to the amount of 1024 dollars and

40 cents. The account now stands, in the aggregate, thus:

Dr..........The County of Hamilton

To disbursements on sundry orders ......... 2,049:3

To commissions on 2.527:65 2-3 at 5 per

cent  ................................  126:7

 

2,175:IO

Cr. By vallance remaining in the treasury..  392:39 2-3

Dollars 2,567:49 2-3

Cr.......The County of Hamilton by receipts

from sundry officers  ..............  2,527:65 2-3

Resolved, That the above balance of 392 dollars and 39 2-3

cents remains due partly to the Territory, and partly to the county

of Hamilton; and that the treasurer's statement, as now rendered,

and placed upon the files, be, and the same hereby is allowed.

Adjourned to meet in the afternoon at four o'clock.

Assembled accordingly.

Sealed & signed 19 engrossed bills, and declared the same

to be laws of the Territory; to take effect at the respective periods

therein mentioned, viz:

1. The law concerning defalcation.

2. The law for the trial and punishment of larceny, under

a dollar and a half.

3. The law to prevent unnecessary delays in causes, after

issue joined.

4. The law establishing courts of judicature.

5. The law for the limitation of actions.

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48       Ohio Arch. and Hist. Society Publications.

 

6. The law for the relief of persons conscienciously

scrupulous to take an oath, in the common form.

7. The law for the recovery of fines and forfeitures; and

directing how the same are to be estreated.

8. The law ascertaining and regulating the fees of the

several officers and persons therein named.

9. The law for the settlement of intestates' estates.

10. The law establishing orphans' courts.

11 . The law to license and regulate taverns.

12. The law establishing the recorder's office.

13. The law for raising county rates and levies.

14. The law for the relief of the poor.

15. The law concerning the probate of wills written or

nuncupative.

16. The law regulating enclosures.

17. The law as to the order of paying debts of persons

deceased.

18. The law to suppress gaming.

19. The law for the partition of lands.

Adjourned to meet tomorrow morning at 9 o'clock.

 

SATURDAY, AUGUST 8.

Assembled accordingly, examined bills, and adjourned to

meet in the afternoon.

Met in consequence, and resumed the examination of the

bills.

Adjourned till Monday morning, 9 o'clock.

 

MONDAY, AUGUST 10.

Assembled according to adjournment.

Read and laid on the table for further consideration, certain

bills, framed on the Pennsylvanian code.

Adjourned to meet tomorrow at 9 o'clock, A. M.

 

TUESDAY, AUGUST 11.

Signed the following, sealed bills, the 1st, 3d, 4th, and 6th

to take effect as laws on and from the 1st of October next; the

2d and 5th on and from the 15th instant.

1. The law concerning trespassing animals;

2. The law directing how husband and wife may convey

their estates;

3. The law for the speedy assignment of dower.

4. The law giving remedies in equity.

5. The law concerning forcible entry and detainer;--and

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Legislature of the Northwestern Territory, 1795.  49

 

6. The law annulling the distinction between petit treason

and murder.

Proceeding to the examination of engrossed bills, certain

alterations were agreed upon, which the clerk was directed to

make by tomorrow.

Adjourned till 9 o'clock, A. M. of

 

WEDNESDAY, AUGUST 12.

Judge Symmes produced the draught of a bill for limiting

imprisonment for debt, and subjecting certain debtors and de-

linquents to servitude- Discussed and a copy ordered to be

engrossed.

"The law limiting imprisonment for debt and subjecting

certain debtors and delinquents to servitude."

Adjourned to meet tomorrow morning at 9 o'clock.

 

THURSDAY, AUGUST 13.

Asembled accordingly.

Resolved, As the sense of this legislative body, that public

convenience requires that the governor should cause public

ferries to be established. And whereas no law, concerning ferries

-can be found for adoption, but such as are of a local, not

general nature; & it being essentially requisite, that ferries should

immediately be established throughout the Territory, and a mode

directed for fixing the rates of ferriage,

Resolved, therefore, That the governor be requested, to

declare, by proclamation or otherwise, from time to time, what

ferries shall be erected, by whom to be kept, and where:

Resolved, also, That the several courts of quarter sessions

be empowered, and they are hereby authorized and empowered

to fix, from time to time, the rates to be demanded at the ferries

now or hereafter to be established in their respective counties,

having regard to the distance which such ferry boats have to

travel, & the danger or difficulties incident to the same.

 

AUGUST 15.

Assembled accordingly.

Judge Turner moved and it was agreed to, that all resolu-

tions, operating as laws, be from time to time printed and added

to the laws, by way of appendix.

Vol. XXX -4.

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50       Ohio Arch. and Hist. Society Publications.

APPENDIX

No minutes of this legislature for dates subsequent to August

15, 1795, were published in the Centinel of the North Western

Territory. The following resolutions, adopted on the respective

dates, appear in the appendix to the "Maxwell Code".

 

Tuesday, August 18.

Resolved,

That where persons sufficiently learned in the law can be

found to fill the benches of the courts of Common Pleas, it

would be the safer way to commission them during good be-

haviour.

Resolved,

That commissions issued by the Governor, and creating no

express condition or limitation as to the duration of the office,

are in the nature of a grant, and must be taken most favourable

for the grantor,

Resolved, therefore,

That all such commissions may, be express revocation, be

avoided or revoked.

Thursday, August 20.

On motion of the Governor.

Whereas it has been represented to the Legislature, that

from a change in the population of the county of St. Clair, the

district of Prairie du Rocher, is become inconvenient, and that

the courts therein cannot be kept up.

Resolved,

That the Governor may, if he shall find the case to be as has

been represented dissolve, by proclamation, the said district of

Prairie du Rocher, and suppress the several courts directed to

be held therein and divide the said district in the most con-

venient manner for the inhabitants: adding one part to, and in-

corporating the same with the district of Kahokia, and the other

part with the district of Kaskaskia.

 

 

TITLES OF LAWS PASSED AND DATE OF PUBLICATION.

1. Subjecting real estate to execution for debt. (Pub. June

1. Took effect August 15.)

2. Regulating domestic attachments. (Pub. June 1. Took

effect August 15.)

3. For the easy and speedy recovery of small debts. (Pub.

June 3. Took effect October 1.)

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Legislature of the Northwestern Territory, 1795.  51

4. Concerning defalcation.  (Pub. June 5. Took effect

August 15.)

5. To prevent unnecessary delays in causes, after issue

joined. (Pub. June 5. Took effect August 15.)

6. Establishing courts of judicature. (Pub. June 6. Took

effect August 15.)

7. For the limitation of actions. (Pub. June 10. Took

effect October 1.)

8. For the relief of persons conscientiously scrupulous to

take an oath in the common form. (Pub. June 11. Took effect

October 1.)

9. For the recovery of fines and forfeitures, and directing

how the same are to be estreated. (Pub. June 11. Took effect

June 11.)

10. Ascertaining and regulating the fees of the several

officers and persons therein named. (Pub. June 16. Took effect

October 1.)

11. For establishing orphans' courts. (Pub. June 16. Took

effect October 1.)

12. For the settlement of intestates' estates. (Pub. June

16. Took effect August 15.)

13. To license and regulate taverns. (Pub. June 17. Took

effect August 15.)

14. Establishing the recorder's office.  (Pub. June 18.

Took effect August 1.)

15. For raising county rates and levies. (Pub. June 19.

Took effect October 1.)

16. For the relief of the poor. (Pub. June 19. Took ef-

fect October 1.)

17. Concerning the probate of wills, written or nunciative.

(Pub. June 19. Took effect October 1.)

18. Regulating inclosures. (Pub. June 25. Took effect

October 1.)

19. As to the order of paying debts of persons deceased.

(Pub. June 26. Took immediate effect.)

20. Concerning trespassing animals. (Pub. June 26. Took

effect October 1.)

21. Directing how husband and wife may convey their

estates. (Pub. June 26. Took effect August 15.)

22. For the speedy assignment of dower. (Pub. July 14.

Took effect October 1.)

23. Giving remedies in equity, in certain cases. (Pub. July

14. Took effect September 1.)

24. Annulling the distinction between petit treason and

murder. (Pub. July 14. Took effect October 1.)

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52       Ohio Arch. and Hist. Society Publications.

 

25. Declaring what laws shall be in force. (Pub. July 14.

Took effect October 1.)

26. To prevent trespassing by cutting of timber. (Pub.

July 14. Took effect August 15.)

27. Repealing certain laws and acts, and parts of laws and

acts. (Pub. July 14.  Took effect August 14.)

28. Respecting divorce. (Pub. July 15. Took effect October

1.)

29. For the partition of lands. (Pub. June 17. Took ef-

fect October 1.)

30. Allowing foreign attachments. (Pub. July 15. Took

effect October 1.)

31. Concerning the duty and power of coroners. (Pub.

July 16. Took effect August 15.)

32. For continuing suits in the general and circuit courts.

(Pub. July 16. Took immediate effect.)

33. To suppress gaming.    (Pub. July 16.  Took effect

October 1.)

34. As to proceedings in ejectment, distress for rent, and

tenants at will holding over. (Pub. July 17. Took effect Octo-

ber 1.)

35. Limiting imprisonment for debt, and subjecting cer-

tain debtors and delinquents to servitude.  (Pub. August 15.

Took effect August 15.)

PROPOSALS,

For Printing by Subscription,

The LAWS of the TERRITORY,

To be Adopted in the Present Session

Of the Legislature.

N. B. W. Maxwell being appointed by the legislature to

Print for them 200 Copies of their Laws, he thinks it

would be greatly conducive towards the instruction and

common benefit of all the Citizens to extend the im-

pression to 1000 Copies, so that he may have the re-

maining 800 on hand for distribution at a moderate

Price.

 

CONDITIONS.

1. The Laws will be printed with a legible Type, on Good

Paper, in Quarto. Marginal notes will be given.

2. This Edition will come out by Authority, and under the

correcting hand of a proper person appointed by the Legislature,

• 40
 

Legislature of the Northwestern Territory, 1795.  53

 

to see that the impression is letter for letter with the Original

Records.

3. It is presumable the whole may be comprized within

300, perhaps even 200 pages-   The price, in Boards, to Sub-

scribers, will be at the rate of Nineteen Cents for every 50

Pages, and to the Non Subscribers, Thirty Cents.

4. The work will in a few days be put to Press, and de-

livered to the Subscribers with all possible dispatch.

 

SUBSCRIBERS

For the

LAWS,

of the

TERRITORY

Are requested to call for their Copies.- They will much

oblige the Printer if they provide themselves with the necessary

change, (which will be 86 cents) -as he is determined on the

present occasion to keep no books.

Printing-Office, Cincinnati,

March 11, 1796.

• 41