entered at length in its dockets or orderbooks. None of these opinions has ever been published. The judges possessed the power to hold court in the circuits; and in the exercise of this power Judge Parke tried his first case, in Wayne County, riding all the way from Vincennes for that purpose alone, and having a log for a desk. It was a case of theft, — a theft of a twenty-five cent pocket-knife. The most important case which came be fore the territorial court was that of Gov ernor Harrison against William Mcintosh for slander. Mcintosh was a Scotchman, — a near relation of Sir James Mcintosh, the English philosopher and statesman, and per haps the wealthiest man at Vincennes. From being a close friend of Harrison he turned to a bitter enemy, and charged him with hav ing cheated the Indians. In the spring of 18 11 Harrison sued him for slander. Van derburgh and Parke declined to sit, — the first because he was a personal friend of the defendant, and the other because he was a strong personal friend of the plaintiff. This left Waller Taylor as the sole judge. Elisors were appointed to select the names of fortyeight citizens as a panel from which the jury was to be taken. From these the plain tiff and defendant each struck twelve names, and from the remaining twenty-four the jury was selected by lot. Thomas Randolph appeared for Harrison, and Ellis Glover and Gen. W. Johnston for Mcintosh. The jury was impanelled April 10, 1811; the trial had the same day, begin ning at 10 A. M., and lasting until 1 a. m. the next day, April 12, when a judgment for four thousand dollars was rendered against the defendant. The jury was out only one hour. Mcintosh's land was levied upon to satisfy the judgment; and the Governor's agent, while the latter was in command of the army, bid it in. Afterwards Harrison restored two thirds of it to Mcintosh, and gave the remainder to the orphan children of several distinguished citizens who fell in the War of 1812.
In 1814 a crisis arose in the territorial court. At the January session, 1814, of the legislature, a law was enacted reorganizing the courts of justice, and dividing the Terri tory into three judicial circuits. Parke, Tay lor, and Scott were named as president judges, severally, of these circuits; and provisions were made for the appointment of three associate judges in each county. Judges Parke, Taylor, and Scott considered this law unconstitutional; and the former addressed a long letter to Governor Posey, assigning its invalidity as a reason for their not complying with its terms. As a result of this communication, the Governor called a special session of the legislature, which met Aug. 15, 1814, and removed the diffi culty by providing for the appointment of president judges for each circuit. THE OLD SUPREME COURT. On the 19th of April, 18 16, Congress passed an Act to enable the people of In diana Territory to form and adopt a consti tution for the new incoming State. On the 10th of June of the same year, duly elected delegates met in convention at Corydon, and nineteen days thereafter completed the "Constitution of 18 16." On December 11 of the same year Indiana Territory became a State. The newly adopted Constitution provided that " the judiciary power of this State, both as to matters of law and equity, shall be vested in one Supreme Court, in Circuit Courts, and in such other inferior courts as the General Assembly may from time to time direct and establish." It also provided that "the Supreme Court shall consist of three judges, any two of whom shall form a quorum, and shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law." The General Assembly was authorized to give the Supreme Court original jurisdiction in
