drove them back into the street. Those proceedings were continued two succeeding nights, but terminated without serious injury, to any individual, on either side. When the disturbance was over, it was a mortifying reflection that the Legislature had no power to interfere, in any manner, with the rioters, or with the officers, who omitted to discharge their duty. With a view, however, of guarding against a similar outrage, and of expressing their feelings on the occasion, they passed a law removing the seat of government from Chillicothe, and establishing it at Cincinnati. The Legislature having passed thirty laws, adjourned on the 23d of January, 1802, to meet at Cincinnati, on the fourth Monday of November following.

CHAPTER XVIII.

Population of the Eastern Division in 1802-Steps to obtain a State Government.-Application to Congress for permission to call a Convention.Permission given on conditions.—Their oppressive character.-Opposition to the measure. On what grounds.-Right to tax public lands relinquished. -Loss sustained by it.-State of parties.-Note.- Excitement at Detroit. -Opposition to the law for erecting a new State.-Correspondence on the subject.-Note.-The friends of a State Government become the majority. The harmony formerly existing broken up.-Causes of the change.— Origin of party spirit.-Ambitious aspirants.-Their misrepresentations.

Soon after the adjournment of the General Assembly, in January, 1802, a census was taken in the eastern division of the Territory, which was found to contain forty-five thousand and twenty-eight persons of both sexes; after which, an application was made to Congress, for a law, authorising the inhabitants of that division to call a convention, and form a Constitution, preparatory to the establishment of a State government. Although, by the Ordinance, sixty thousand inhabitants were required, to entitle the district to become a State, as a matter of right; yet the law was passed, a convention elected, a constitution formed, and the district declared to be an independent State, and admitted into the Union; professedly, on an equal footing with the original States.

That, however, was not the case; as the original States were subject to no restriction, or limitation of power, other than that contained in the federal constitution; but the new State of Ohio was admitted with restrictions, and on conditions as degrading to the character, as they were injurious to the future prosperity of the inhabitants. One of

them was, that Congress should have the right of disposing of the jurisdiction of the Territory, lying north of the line drawn east and west, through the southern extreme of Lake Michigan, by establishing a Territorial government therein, whenever they might see proper; although the Ordinance declared, in express terms, that that Territory should remain a part of the State, formed on the south of it, till its inhabitants amounted to sixty thousand, which was not the case until the year 1835, when she formed a State Constitution, and was admitted into the Union.

As a matter of course, that entire district would have remained a part of the State of Ohio, subject to her laws, and liable to defray a just proportion of the expenses of the government, during the period intervening between the years 1802 and 1835; but in consequence of the foregoing concession, it was immediately detached from Ohio, and united to Indiana; but was soon after formed into a separate Territory, and continued so till it became a State; thus depriving the good people of Ohio, of all the benefits they would have derived from the population and wealth of that rich and extensive district, during the period of thirty-three years.

There is a fact, connected with this part of the subject, which may cast on it some light, and possibly disclose the motive which induced Congress to propose, and the Convention to accept, this restriction on the constitutional rights of Ohio. It was universally known, that the people of Detroit and the district connected with it, were unitedly, and warmly opposed to the change of government then contemplated. They were anxious to continue as a Territory; and whenever a State government should be formed on their south, to remain united with it, till their own population should amount to sixty thousand. There were, therefore, strong reasons to apprehend, that if they should become a part of the new State, the terms proposed by Congress, as the consideration of the privilege asked for,

might be rejected by the Convention, and the object of the movement thereby defeated.

The inhabitants of that part of the Territory, with scarcely one exception, were also decidedly opposed in politics to the party which had just possessed themselves of the administration of the general government. They were also numerous; their settlements, extending from the River Raisin to Detroit, and thence to Lake St. Clair, were densely populated, compared with the settlements in the centre, and on the south of the Territory. It was, therefore, almost certain, that, if they were united with the opposers of the proposed Constitution, in the Southern part of the district, they would reject the law of Congress, and prevent the formation of a State government. But if this should not be the case, still they would become citizens of the new State, which, with the aid of their numbers and influence, would most probably be placed in the ranks of opposition to the administration of the general government, by the men then in power. It is known to the writer, that these facts existed, whatever might have been their influence on the political leaders of the day.*

* As soon as it was ascertained that the law authorising the establishment of a State government, in the eastern district, excluded the people of Detroit and its vicinity, they remonstrated against it, with much warmth, and claimed the right of becoming a part of the State, and of remaining so, until their numbers should entitle them to a State government of their own. They complained of the exclusion, as unconstitutional, and oppressive; and declared their determination not to submit to it. Mr. Burnet, who was personally intimate with most of the leading men in those settlements, was written to, on the subject, in language of bitter complaint, by some of them, who requested his advice, as to the course they ought to pursue, to secure the right they elaimed, under the Ordinance. [See Appendix H.] Their letters were promptly answered, with the temper and feeling which the political state of the country was calculated to excite. He coincided with them in opinion, on the question of their right. He did not believe that Congress could separate them, constitutionally, from the new State, then to be formed, without their consent.

It was not long, however, before the friends of the new State obtained their

Another condition was, that "the State should provide by an ordinance, irrevocable, without the consent of the United States, that every and each tract of land sold by Congress, from and after the 30th day of June next, should be and remain exempt from any tax, laid by order, or under the authority of the State, whether for State, county, township, or any other purpose whatever, for the term of five years, from, and after the day of sale."

It was the opinion of the persons opposed to the formation of a State government, at that period, that this condition was intended to imply an admission, that anterior to the sale, or while the land remained the property of government, it could not be subject to taxation by State laws. That construction, erroneous as it was, prevailed, and by a tacit acquiescence, the tax laws of Ohio were never extended to the public domain; and while every freeholder was severely taxed, to improve the State, and enhance the value of all the lands within it; the general government, the great land monopolizer, contributed nothing to the accomplishment of that object. In a subsequent chapter, an attempt will be made to show, that this construction of

confidence, and convinced them, that the separation they were opposing, would benefit them very greatly; as it would make it necessary for Congress to establish, immediately, a separate Territorial government at Detroit; followed by the creation of many valuable offices; all of which they would fill, as a matter of course, if they came out promptly and decidedly in favor of the measure, on the plan proposed by Congress. Those appeals had their desired effect, and convinced them, that the separation they had so violently resisted, was, in all respects, a measure greatly to be desired. Having taken this new view of the subject, for the purpose of making their peace at the seat of government, and casting their sins on the shoulders of others, they put the letters of Mr. B. into the hands of Mr. Jefferson. He showed them to Senator Smith, of Ohio, who then stood high in his confidence, and intimated a purpose of having them noticed, as being of a seditious character. Mr. Smith, who was a personal friend of the writer, and intimately acquainted with the history of the transaction, besought him to let them pass, unnoticed; which he reluctantly consented to do, paying a compliment to the pen of the writer, at the expense of his patriotism.