The Territorial Governors of the Old Northwest; A Study in Territorial Administration

The Territorial Governors of the Old Northwest; A Study in Territorial Administration

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: Governor Edwards and the Judges of the Illinois Territory at an earlier date. Then followed laws of every description. In the criminal code there were continued the harsh measures of the Indiana Territory--and if anything, punishments were made even more severe. Branding a letter "T" with a red hot iron upon the hand was the penalty for a second conviction of having altered or defaced the brands on domestic animals. Confinement in the stocks and the pillory, fines and imprisonment, and whipping on the naked back from ten to five hundred lashes according to the offence, were among the penalties provided.206 An attempt on the part of the legislature in 1814 to reorganize the judiciary in such a manner as to materially modify the provisions of the Ordinance gave rise to a friendly controversy between the Governor and the Judges. The power of the legislature to pass such a law was questioned. At the request of the assembly the Judges prepared an opinion stating emphatically that "the court established by the ordinance cannot be subject to the revision or control of any tribunal established by the Territorial Legislature."207 The views of the Governor were also requested, and he prepared an answer in which he contended that the legislature had full power to provide for the affairs of the Territory and to establish a general judicial system.208 Being still in doubt, however, the legislature decided to leave the matter to Congress with a petition that the law be declared legal' in order to remove any future or existing difficulties that may arise between the Judges and the Legislature."209 Such action was accordingly taken by Congress;210 and it is to be presumed that both of the contending parties believed that the...
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Product details

  • Paperback | 52 pages
  • 189 x 246 x 3mm | 109g
  • United States
  • English
  • black & white illustrations
  • 1236921372
  • 9781236921376