that could not continue to be the case, if the treaties existing between them and the government were broken with impunity, by the inhabitants of the Territory. He referred to the well known fact, that while the white men loudly complained of every injury committed by the Indians, however trifling, and demanded immediate reparation, they were daily perpetrating against them injuries and wrongs of the most provoking and atrocious nature; for which the perpetrators had not been brought to justice.

It was universally known, that many of those unfortunate people had been plundered and abused with impunity. Among other things, the Governor stated, that it would be criminal in him to conceal the fact that the number of those unfortunate people, who had been murdered since the peace of Greenville, was sufficient to produce serious alarm for the consequences. He added further, that a late attempt to bring to punishment a white man who had killed two adults of the Six Nations, and wounded two of their children, in Trumbull county, proved abortive. Though the perpetration of the homicide was clearly proved; and it appeared manifestly to have been committed with deliberate malice, the prisoner was acquitted. That occurrence, together with other facts of a similar character, known to some of the members, induced the Legislature to pass an act, "providing for the trial of homicide committed on Indians," which, as far as was practicable, gave the remedy requested. Among other provisions, it authorised the Governor to order special Courts of Oyer and Terminer, to be held by the Judges of the General Court, for the trial of such cases; and, if necessary, to grant a change of venue. That law, and the one passed at the preceding session, to protect those unhappy people against the destructive effects of intemperance, exhausted the means in the power of the Assembly to guard their rights, and secure to their persons the protection guaranteed by the treaty of 1794.

It has been stated, in the commencement of this chapter, that although the Legislature, by common consent, assembled at Chillicothe, yet it was under a conviction that the law of Congress, so far as it professed to remove the seat of government, was an infringement on their legislative franchise. Under that impression, the Council, at an early period of the session, passed a bill designating the places of holding the General Assembly; and sent it to the House of Representatives, for their concurrence. It directed the ses

sions of the Assembly, to be held in rotation, at Marietta, Cincinnati, and Chillicothe, in the order in which they were named. When it was taken up in the House, it was the unanimous opinion of that body, that they possessed the power necessary to pass it, and change the seat of government; but there was a diversity of opinion, as to the place to which the removal ought to be made. A majority of the members were opposed to the provision in the bill, passed by the Council, and, on motion, it was stricken out. That being done, a majority could not be obtained, in favor of a substitute, and the bill, of course, was lost.

The petition of Lucy Petit, of Marietta, was presented in the House of Representatives, praying for the passing of an act, to divorce her from her husband, John G. Petit, then, and for several years before, a resident of France. The evidence presented a strong case for relief; and the Committee, to whom the petition and papers were referred, reported a bill in conformity with the prayer of the petitioner, which passed both Houses and became a law.

On the 2nd of December, the Governor informed the Assembly, by a written message, "that on Thursday, the 9th of the month, an end must be put to the session of the Legislature; as on that day his term of office would expire; and it was not a case provided for by law, in which the place of the Governor, could be supplied by the Secretary."

On that subject, there was a diversity of opinion. The general sentiment of the Assembly was, that, on a fair

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

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

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

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

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

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

CHAPTER XVII.

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

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

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

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