CHAPTER XIX.

TERRITORIAL AND STATE GOVERNMENTS.

KENTUCKY having formed a part of Virginia, until she became a state, was never, at any time, under that peculiar species of government which we term territorial, and which forms such a strange anomaly in our republican system. She passed at once, to the dignity of a sovereign state, without being obliged to undergo the disagreeable vassalage of that colonial existence, to which the newer states have been, unavoidably, forced to submit, during their minority.

Previously to her elevation to the dignity of a state, we find her citizens frequently assembled in convention, to consider the situation of the country, to petition for the redress of grievances, and to suggest to the legislature of Virginia, such laws as would be acceptable to the western people, and suited to the circumstances in which they were placed. It is remarkable, that although in Virginia, the right of suffrage had always been, and still continues to be, confined to freeholders, the Kentuckians, their descendants, did not, even in the earliest exercise of their elective franchise, require that the voters should possess a property qualification. In selecting delegates to those voluntary assemblages, as well as to the subsequent constitutional bodies, the people all voted.

The state constitution of Kentucky, framed in 1792, will be found to bear a close analogy to that of

the United States, then recently adopted. The one, like the other, was the result of the principles which led to the revolution; and the fruit of the experience, the pure patriotism, and the mature thought, of those sages who had brought the whole energies of their minds to bear upon the subjects connected with the social state, and the political rights of man. These principles had been ably developed, and widely disseminated, in books, pamphlets, and newspaper essays, in which were contained, a force of argument, a beauty of style, and a richness of classical allusion, such as the writers of our country have not exhibited, to a great extent, at any subsequent period. The Federalist, especially, written by Hamilton, Madison, and Jay, stands unrivalled among political treatises, a splendid specimen of profound thought, acute reasoning, and elegant composition.

It is, therefore, not surprising, that the constitutions formed at that early period of our history, and in the very infancy of our political existence, should have furnished models for all that have been subsequently made, and that the principles contained in them, should have continued to be recognized as sound and practical. But few discoveries in the science of government have been made, since that time, in reference to maxims which are considered fundamental; though many improvements have been introduced in relation to the details of public business, and the exercise of civil rights, which have given beauty to the system, and added facility to its operations.

The constitution of Kentucky, had been in operation but three years, when an attempt was made in

the legislature, in 1795, to call a convention, for the purpose of having it amended; not on account of any objection to its principles, but in consequence of a popular ferment, occasioned by the non-passage by the legislature, of "An act concerning occupying claimants of land." This act passed the house of representatives, in 1794, but was rejected in the senate, then, and each succeeding year, until '97, when it passed. The senate, having refused to pass a popular act, it was plausibly objected, that the constitution must be defective, which retained in office, for several years, independently of the people, the senators who refused to obey the popular voice. But, it was not until after several elections, and much fierce contention, that a convention was actually called, which, in 1799, remodeled the constitution.

In the new constitution, the objection which had been urged against the one previously in force, does not appear to have been obviated. It would seem, that upon mature reflection, the people did not object to the term for which their senators were chosen. The best evidence of the causes which suggested the propriety of a change in the constitution, is to be found in the changes themselves, which were, doubtless, such as experience pointed out as necessary. By the first constitution, the governor and senators were chosen by electors, who were elected by the people; by the second constitution, these officers were chosen directly by the people. Under the first constitution, the sheriffs were elected by the people; the new constitution provided, that, "when the time of a sheriff for any county may be about to expire, the

county court for the same, (a majority of all its justices being present), shall, in the months of September, October, or November next preceding thereto, recommend to the governor two proper persons to fill the office, who are then justices of the county court; and who shall, in such recommendation, pay a just regard to seniority in office, and a regular rotation. One of the persons, so recommended, shall be commissioned by the governor, and shall hold his office for two years, if he so long behave well, and until a successor be duly qualified." The effect of this arrangement, which is by far the best mode of selecting sheriffs, that has been practised in the United States, has been, to give the office, in regular rotation, to the senior magistrate of the county. The only other change in the constitution, provided for the election, by the people, of a lieutenant governor, who is, ex officio, speaker of the senate, which last officer, had previously been elected by the

senate.

The territory northwest of the Ohio, having become the property of the United States, and its population not being sufficiently numerous to authorize the erection of the state governments provided for in the ordinance, it became necessary for congress to devise some plan, by which the inhabitants might enjoy the protection of law, and the operation of civil regulations. The national legislature was called upon to make laws for a people, who had no voice in electing the members of that body, and no representative upon its floor-to govern a territory belonging to the Union, yet not strictly embraced within it.

The form of government thus devised, to suit the exigency of a case not previously contemplated, and not provided for in the organization of the federal Union, was contained in the ordinance of 1787, before alluded to.

The whole territory lying north and west of the Ohio, extending to the Mississippi and to the northern lakes, was comprehended within one district, for temporary government. Provision was made for the appointment, by congress, of a governor, who should hold his office for three years, who should reside in the district, and have a freehold estate therein in one thousand acres of land; a secretary, to continue in office four years, to reside in the district, and have a freehold therein of five hundred acres; and a court, to consist of three judges, to reside in the district, to possess a freehold of five hundred acres each, and to hold their commissions during good behavior.

"The governor and judges, or a majority of them, shall adopt and publish in the district, such laws of the original states, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to congress, from time to time; which laws shall be in force in the district, until the organization of the general assembly therein, unless disapproved of by congress; but afterwards, the legislature shall have authority to alter them as they shall think fit.”

All magistrates and other civil officers, and all militia officers below the grade of general officers, were to be appointed by the governor; general officers in the militia, were to be appointed by congress.