THE SUPREME COURT OF INDIANA.
I.
By W. W. Thornton.
THE GENERAL COURT OF THE NORTHWEST TERRITORY.
DY the treaty of Paris, 1767, the country afterwards known as " The Northwest Territory " passed under the rule of Great Britain. When hostilities broke out be tween the mother country and this, the territory thus wrested from the French was an object of conquest. George Rogers Clark, a young Virginian who had settled in Kentucky, was commis sioned by the State of Virginia for this important work. On the 4th of July, 1778, he captured Kaskaskia, and on the 25th day of February, 1779, the post of Vincennes. By reason of this conquest Virginia claimed the right of sovereignty over a large portion of this vast territory, and in 1779 opened a land office for the sale of her western lands; but upon request of Congress she reconsid ered her action and closed the office. The conquest bore fruit that the conquerors prob ably never expected; for because of this conquest the western boundary line of the United States was extended, by the treaty of 1782-1783, to the Mississippi River. Besides the State of Virginia, which claimed ownership in a part of this ter ritory, the States of Connecticut, Massa chusetts, and New York also claimed each a respective share of it; but in 1784 Vir ginia, by a deed of cession, conveyed all her interest and claim in this territory to the United States, which act was followed by a like cession from Massachusetts in 1785, from Connecticut in 1786, and from New York, the latter having preceded them, in 1780. Thus was paved the way for the now famous Ordinance of 1787. After providing for a Governor and Secretary, Congress
declared, in that historic document, that "there shall be appointed a court to con sist of three judges, any two of whom to form a court, who shall have a common law jurisdiction; . . . and their commis sions shall continue in force during good behavior." Pursuant to this ordinance, Congress on the 1 6th of October, 1787, appointed as judges of this court, Samuel Holden Par sons, John Armstrong, and James Mitchell Varnum. Armstrong declined the appoint ment, and John Cleves Symmes was ap pointed in his place, Feb. 19, 1788. After the formation of the Federal Union, the President re-appointed, by and with the advice and consent of the Senate, on the 20th of August, 1789, both Parsons and Symmes, and appointed William Barton, who declined, and in his stead George Turner, Sept. 12, 1789. Parsons dying, Rufus Putnam was appointed as his suc cessor March 31, 1790, and Joseph Gilman in place of Putnam, who resigned, Dec. 22, 1796. Return Jonathan Meigs, Jr., succeeded Turner, who also resigned Feb. 12, 1798. Judges Symmes, Gilman, and Meigs remained in office until 1800. These judges, with the Governor, also wielded legislative powers. They adopted various statutes of the thirteen original States, and created Common Pleas and Probate courts. As a court they had both original and appellate jurisdiction. In later years circuits were formed, and they were required to hold courts in them. All this was brought about by the legislation of the Governor and judges. One of these cir cuits was Knox County, which then em braced at least the present State of Indiana. Usually this court, composed of these
