Imagens das páginas
PDF
ePub

composed of representatives from states, a majority of which recognized the doctrine of universal suffrage, and adopted it as a principle of the national constitution, repudiated the same principle, in legislating for the territories under the control of the government. The practice thus introduced into the western country, under the sanction of congress, did not, however, find favor in the eyes of the people; and has not been perpetuated in the constitutions of any of the new states, which have been subsequently formed in this region.

By an act of May 7, 1800, the northwest territory was divided into two parts, and placed under separate territorial governments; the western division was called Indiana.

On the 3d of March, 1803, an act was passed by congress, authorizing the people of the eastern division of the territory northwest of the Ohio, to form a state government, under certain conditions, mutually proposed by the people of the territory on the one hand, and the government of the United States on the other. Those conditions were as follows: in addition to several special grants of land, the United States granted the section of land numbered sixteen, in every township, to the inhabitants thereof, in perpetuity, for the use of schools. There being thirtysix sections in each township, this donation, as it is improperly termed, in this and other acts, amounted to one thirty-sixth part of the whole territory; the United States agreeing, in certain specified cases, where the land had been already appropriated, to grant an equivalent, in other lands, and extending the

grant of school lands to all subsequent purchases of territory to be made from the Indians, within the state of Ohio. It was further provided, that not less than three per cent. of the net proceeds of the lands of the United States, lying within the limits of the state of Ohio, sold, or to be sold, after the 30th day of June, 1802, after deducting all expenses incidental to the sale, should be applied to laying out roads within the state, under the direction of the legislature. And the state agreed, in consideration of these grants, that the land sold by congress, within Ohio, after June 30, 1802, should remain exempt from taxation, for five years from the day of sale. We have said, that the grants of land for schools and other purposes, were improperly called donations, because the yielding on the part of the state, of the right of taxation, on all the other lands, for five years, was a valuable consideration; and it would require but little calculation to show, that the tax on the thirty-five sections of land, for five years, might be an ample equivalent for the fee simple of one section.

We shall not proceed to give a regular-analysis of the constitution of Ohio, as it resembles, in its main features, those of the other states.

The general assembly convenes annually; the senators serve two years, and the members of the house of representatives one year.

No other qualification is required, to render an individual eligible to sit in the general assembly, and to confer the right of suffrage, than those of citizen

ship, residence, and the payment of a state or county

tax.

The supreme court consists of three judges, and power is given to the legislature to add a fourth. They have "original and appellate jurisdiction, both in common law and chancery, in such cases as shall be directed by law." The practical result of this organization is, that the supreme court is not considered as having any specific jurisdiction conferred upon it, but only made capable of receiving any jurisdiction which the legislature may be pleased to confer. Besides sitting in bank, at the seat of government, for the decision of appeals on questions of law, the judges hold terms in the counties, and try, de novo, the cases brought before them by appeal from the inferior courts.

The courts of common pleas are composed of a president, and associate judges. The president judges are usually selected from the bar, under the idea, that it is expedient that one member of the court should possess some knowledge of the law; but the associate judges are chosen without reference to their education, or professional knowledge, and they are, in fact, not usually lawyers. The state, therefore, pays several judges in each circuit, while the duties are discharged by ope.

The judges of the supreme court, and courts of common pleas, are elected by the legislature, and hold their offices for the term of seven years, "if so long they behave well." Each court appoints its own clerk, for the term of seven years.

Justices of the peace are elected by the qualified voters in each township, and continue in office three years.

Elections are by ballot.

Slavery is prohibited.

The legislature is prohibited from levying any poll tax, for county or state purposes.

It is provided, "that every association of persons, when regularly formed, within the state, and having given themselves a name, may, on application to the legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and for other purposes."

"The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after delivering his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law."

20*

CHAPTER XX.

TERRITORIAL AND STATE GOVERNMENTS.

THE same process which we have described in relation to Ohio, was carried forward in reference to the other states which were formed in the western country, successively. We shall, therefore, only furnish the reader with such memoranda as may enable him to trace the history of this legislation, more particularly should he be so disposed.

By an act of May 7, 1800, the northwestern territory was divided into two parts, and placed under separate territorial governments; the western part was called Indiana, and extended from the western line of Ohio, to the Mississippi.

By an act of January 11, 1805, the territory of Michigan was formed out of Indiana.

By an act of February 26, 1808, the right of suffrage was extended in Indiana; and by an act of February 27, 1809, that territory was authorized to send a delegate to congress.

The acts of March 3, 1811, and March 4, 1814, relate to the right of suffrage and eligibility to office in Indiana; by the first, the inhabitants, without regard to property, are permitted to vote; by the second, provision was made for laying off the territory into districts, for the election of members of the legislative council.

After the admission of Ohio into the Union, as a sovereign state, the term northwestern territory, was

« AnteriorContinuar »