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state for defence, without delay. Early in the afternoon, the brig cast anchor in the Maumee Bay, and the barge was let down and manned. Having taken leave of the officers, the party took their seats, and in a few hours were landed at the foot of the Rapids. The passage was pleasant, and the misery of wading through the deep mud of the Black Swamp was escaped.

The residue of the journey to Cincinnati, presented nothing unusual.

CHAPTER XIV.

Five thousand white males in the Territory.-Proclamation of the Governor. -Delegates to the Assembly elected.-Second grade of Territorial Government organized.-Members of the first Territorial Legislature. Their Character.-Talents.-Employments.-Movements of Colonel Burr.-Mr. Smith implicated.-Probably without cause.-Burr's visit to Cincinnati.Notice taken of him.-War with Spain contemplated.-May account, probably, for Burr's movements.-Principles of the Federal party. Their agency in forming and adopting the Federal Constitution.-Condition and character of the country improved by their measures.-Origin of their name.-Have long ceased to exist as a party.

IN 1798, it was ascertained that the North-western Territory contained five thousand white male inhabitants, and was therefore entitled, as a matter of right, to enter on the second grade of territorial government, provided for in the ordinance of 1787. This fact was made known by the proclamation of Governor St. Clair, calling on the people to elect Representatives to the first General Assembly, and requiring the members, when elected, to meet at Cincinnati, in Convention, for the purpose of nominating ten persons, to be returned to the President of the United States; five of whom, it was his duty to select; and, with the advice and consent of the Senate, commission as a Legislative Council. The Representatives were chosen, and assembled at Cincinnati, on the 4th of February, 1799, as required by the proclamation. After due deliberation they made the nomination-reported it to the Governor, and then adjourned, to meet at Cincinnati, on the 16th of September, ensuing. The Governor transmitted the names

of the nominees to the Secretary of State; and, in due time, by and with the advice and consent of the Senate, the President appointed "Jacob Burnet and James Findlay of Cincinnati; Henry Vanderburgh, of Vincennes; Robert Oliver, of Marietta; and David Vance, of Vanceville; to be the members of the Legislative Council, of the Territory of the United States, north-west of the river Ohio," which was announced by the proclamation of the Governor.

In choosing members to the first Territorial Legislature, the people, in almost every instance, selected the strongest and best men, in their respective counties. Party influence was scarcely felt; and it may be said with confidence, that no Legislature has been chosen, under the State Government, which contained a larger proportion of aged, intelligent men, than were found in that body. Many of them, it is true, were unacquainted with the forms and practical duties of legislation; but they were strong-minded, sensible men, acquainted with the condition and wants of the country, and could form correct opinions of the operation of any measure proposed for their consideration.

The delegation in the House of Representatives, from the county of Hamilton, consisted of seven members;William McMillan, John Smith, Robert Benham, Aaron Cadwell, William Goforth, John Ludlow, and Isaac Martin, all of them intelligent, substantial men.

The Representatives from the county of Ross, were, Thomas Worthington, Samuel Findley, Elias Langham, and Edward Tiffin.

From the county of Wayne-Solomon Sibley, Jacob Visgar, and Charles F. Chobart de Joncaire.

From the county of Washington-Return Jonathan Meigs, and Paul Fearing.

From the county of Jefferson-James Pritchard.
From the county of St. Clair-Shadrach Bond.
From the county of Randolph-John Edgar.
From the county of Knox-John Small.-And,

From the county of Adams-Joseph Darlington, and Nathaniel Massie.

As has been before stated, the first Legislative Council consisted of James Findlay, and Jacob Burnet, of Hamilton county; Henry Vanderburgh, of Knox; David Vance, of Jefferson; and Robert Oliver, of Washington county.

The whole number of the little band of pioneers, who composed the first General Assembly, with the exception of Judge Sibley, of Detroit, General Darlington, of West Union, and Jacob Burnet, of Cincinnati, have been long since gathered to their fathers; and, according to the course of nature, they too, must soon follow their colleagues, as the youngest of them is now on the verge of fourscore years.

Several of the members of that Assembly were men of the first order of talents; and, with scarcely an exception, they would all be now estimated as well qualified for State legislators.

Of the first class was William McMillan, of Hamilton county. He possessed an intellect of a high order; and had acquired a fund of information, general as well as professional, which qualified him for great usefulness, in the early legislation of the Territory. He was a native of Virginia, educated at William and Mary, and was one of the first adventurers to the Miami Valley. He was the son of a Scotch Presbyterian of the strictest order, who had educated him for the ministry; and who was, of course, greatly disappointed, when he discovered that he was unwilling to engage in that profession, and had set his heart on the study and practice of the law. After many serious discussions on the subject, the son, who understood the feelings and prejudices of his father, at length told him he

* Since this article was written, Judge Sibley has paid the debt of nature. He died at Detroit in 1845, at the advanced age of seventy-seven, universally beloved and respected.

would comply with his request, but that it must be on one condition-that he should be left at perfect liberty to use Watts's version of the Psalms. The old gentleman was greatly astonished, and rebuked his son with severity; but never mentioned the subject to him afterwards.

Mr. Sibley was a lawyer of high standing, and was considered one of the most talented men of the House. He possessed a sound mind, improved by a liberal education, and a stability and firmness of character, which commanded general respect, and secured to him the confidence and the esteem of his fellow members. He afterwards married the only daughter of Colonel Sproat, of Marietta, who had been a meritorious officer in the war of the Revolution. Mrs. Sproat was the daughter of the venerable Commodore Whipple, of revolutionary memory.

Mr. Meigs and Mr. Fearing were lawyers of Marietta, in Washington county. The former afterwards filled the office of Judge of the General Court of the Territory; Judge of the Supreme Court of the State of Ohio; Governor of that State; and Postmaster General of the United States, under the administration of Mr. Monroe.

The latter was elected delegate to the Congress of the United States, in the year 1800, and took his seat in that body, in December, 1801.

Mr. Darlington and Mr. Massie, of Adams county, were among the earliest and most enterprising adventurers to the Northwestern Territory; and shared largely in the dangers and privations attending the first settlement of the country. They were useful members of the House, and occupied a high standing in the estimation of the people.

Mr. Massie was a surveyor and locator of Virginia Military Land Warrants, in the district between the Scioto and Little Miami rivers; reserved for that purpose, in the deed of session of Virginia. His manners were polished and agreeable; his talents and acquirements were respectable; and, having been brought up in the State of Virginia,

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