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be levied, in most of the States of the Union, if not in all; and most certainly, in the new ones. The inference from these considerations seems to be, that, if the government expected, not only to retain the fee of the land, but to hold it exempt from the revenue laws of the States, they would have so provided in the new Constitution. The insertion of the one, and the omission of the other, shows their intention, and proves very clearly, that their object was to protect their title only, and that being guarantied, they were willing to submit to the same legislation, to which all other proprietors were liable; believing, no doubt, that it would be in their power to dispose of the greatest and most valuable portion of the lands, before the time arrived for the establishment of the States, provided for in the act of cession, and in the Ordinance.

If the federal Convention believed, that the power con tained in the deed of cession authorising Congress to manage and sell the right of soil in the ceded Territory, would have passed, from the old confederation to the new federal government, and would have continued in it, after the establishment of new States, the clause introduced by them into the Constitution, granting that right, was superfluous but if the concession was necessary, and was intended, not only to secure the title to the land, but to exempt it from the operation of the revenue laws of the States, it would have been expressly so stated.

As a further argument, that the national Convention did not believe, that the United States could acquire, or hold real estate within the limits of any of the States, much less hold it exempt from the action of State laws, without an express grant for that purpose; reference was had to the provision in the 8th section of the first article of the Constitution; and especially to that clause, which authorised Congress to obtain, by cession, from particular States, a district not exceeding ten miles square, and to exercise exclusive jurisdiction over it; and also to exercise like author

ity over all places purchased for the erection of forts, etc., by the consent of the Legislature of the State in which the same should be.

This and the preceding extract, it was believed, manifested, very conclusively, the view of the Convention of 1787, on this subject; and the inference drawn from them was, that the general government could neither acquire, or hold, title to real estate, within the limits of any State, without an express grant of power for that purpose. The phraseology of the last extract is very peculiar. The first branch of it limits the right of receiving concessions to a quantity not exceeding ten miles square, and the second is confined to places purchased for specified objects, with the consent of the Legislature of the State in which they lie. It may here be asked, why were these specified, restricted rights conceded to Congress, if they would have possessed them without such a concession? If they could not hold property in any State, on any terms, without the consent of that State, how could they, not only hold it, but hold it, exempt from her general laws, without a similar consent?

The foregoing remarks present a concise view of the grounds on which the minority, in 1802, maintained their opinion, in favor of the taxing power of the new State. A few condensed observations on the then existing state of parties in the Territory, will not here be out of place, or uninteresting.

From what has been already said, it will be taken for granted, that the people were divided in sentiment-a majority, however, had declared in favor of the proposed change of government. The feelings and passions on both sides were highly excited; much personal rancor was indulged the arguments advanced by the minority were ridiculed; they were declared to be deceptive, and those who advanced them were branded as aristocrats, and enemies to the people. The purity of their motives was questioned, and their patriotism and fidelity to the interests of

the Territory, were impeached. On the other hand, the minority alledged, that their opponents were actuated by personal considerations-that popularity and office were the objects of their pursuit, and that they were bent on gratifying their ambition, and accomplishing their purposes, at the sacrifice of the best interests of the community.

It is a natural conclusion that such a state of feeling was calculated to produce any thing rather than confidence and harmony. The fact was, that between those who had been warm personal friends, enmity was produced, which continued for years; and, in some cases, till it was terminated by the death of the parties. Passing over the numerous and bitter criminations and recriminations, produced by the excited contest, the grounds on which these parties severally placed themselves, may be stated in a few words.

On the one side it was alledged, that the existing government was anti-republican-that the inhabitants did not enjoy the political rights which belonged to freementhat neither the Governor, the Judges of the General Court, nor the Legislative Council, were, in any form, amenable to the people that the power of appointing to office, held by Congress, was dangerous-that it had been abusedthat the Governor controlled the will of the Representatives of the people, and that there was no remedy for these evils, but a radical change of government.

On the other hand it was contended, that notwithstanding those allegations were technically true, yet they produced but little, if any, injury in practice-that they were the unavoidable result of the plan adopted for the settlement of the Territory, which was originally admitted to be wise, judicious, and safe-that the objections to the form of government were theoretical defects, rather than practical evils-that the exercise of the appointing power, as far as it was held by Congress, was fully compensated for, by the payment of the salaries of all the officers whom

they appointed-that the inhabitants of the district were too few and too poor to bear the expense of a State government-that their numbers were rapidly increasingthat in two years, at most, the district would have a population, which would entitle it, as a matter of right, to become a State, without conditions or restrictions, and that it was better to endure the inconveniences complained of, till the time should arrive, when the proposed change would be a matter of right, and the people better prepared to meet the expenses of the change.

These were the leading views of the contending parties of that day, and when the movements to which they led are calmly reviewed, by one who participated largely in them, it will not be difficult to account for all that transpired. Such a retrospect will show that there was an unreasonable warmth, and jealousy of motive, on both sides. The fact, however, can not be yielded, that the interests of all concerned, would have been greatly advanced, if the formation of a State government had been deferred. The pecuniary and other benefits of the Territorial government, during the short time of its proposed continuance, would have far overbalanced the inconveniences complained of; and the sacrifices submitted to, by assenting to the compact, would have been avoided. The contest, however, is over, and, of those who were engaged in it, there is but here and there a survivor to tell the tale! The actors in those agitating scenes, are almost all in their graves; and whatever of abuse, or reproach, may have been cast by either party, on the other, is now covered by the mantle of oblivion.

CHAPTER XIX.

Details of the State Convention.-Its members.-The formation of the Constitution. The question of Slavery.-The Northern boundary.-Refusal to submit the Constitution to the people.-Reflections.

In a former chapter, a few general remarks were made, relating to the Convention which formed the Constitution of Ohio, and the privileges guarantied to the new States, by the act of cession. It is proposed now, to refer to these subjects more in detail.

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It is a fact, worthy of some notice, that those who advocated the immediate formation of a State government, were unwilling to refer the decision of that question to the Legislature of the Territory, or to take the opinion of the inhabitants, whether a Convention should be called, or not. the safer way to accomplish their purpose, they petitioned Congress to take the power into their own hands, and order a Convention, without consulting either the Legislature, or the people of the district.

The application of those individuals, unauthorised as it was, by any legitimate authority recognised in the district, was sustained, and Congress proceeded, forthwith, to pass a law, not only authorising, but, in pretty plain terms, urging the people of the eastern division of the Territory to form a Constitution and State government. That law prescribed the boundaries of the State, fixed the number of members of which the Convention should consist, and apportioned the number to be chosen by each county. It also changed the qualifications of electors, prescribed by

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