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coin of the United States, piracies and felonies committed on the high seas and offences against the laws of nations, but no other crimes whatever, and that the States had the power to punish all other crimes.
The third resolution stated that Congress had no power over freedom of speech, but that the Sedition Law did abridge the freedom of speech and was therefore void.
The fourth resolution claimed that aliens were under the power of the State in which they resided and not under control of Congress, and therefore the Alien Act was void.
The fifth resolution held that Congress had no power to prevent the migration of such persons as any State might choose to admit, and that to remove those who have migrated was in effect a prohibition of migration and therefore void.
According to the sixth resolution, the imprisonment of a person who was protected by the laws of Kentucky, even if the President of the United States should order such imprisonment, was a violation of the Constitution, which provided that "no person shall be deprived of life, liberty or property without due process of law."
The seventh resolution was a protest against the broad construction view of the Constitution which would destroy all prescribed limits.
The eighth resolution, as finally passed, resolved that these resolutions be sent to the Kentucky representatives in Congress to bring before their respective Houses, and that the senators and representatives use their best efforts to have the obnoxious Alien and Sedition Acts repealed.
The ninth resolution was a long one, and included much of the material in the eighth as originally presented. It instructed the government to communicate these resolutions to the governments of the other States. It continued, "this Commonwealth is determined, as it doubts not its co-States are, tamely to submit to undelegated and consequently unlimited powers in no man, or body of men on earth.”
These resolutions passed on the 14th of November, 1798. Similar resolutions were passed by the, legislature
These two sets of resolu
of Virginia in the same year. tions were sent to the legislatures of the other States, but they did not meet with cordial approval.
In November, 1799, the Kentucky legislature passed a new set of resolutions, in which the principle was again. expressed that the several States were sovereign and independent and had a right to decide whether the compact between the co-States had been infringed or not, and “that a nullification by these sovereignties of all unauthorized acts done under color of that instrument is the rightful remedy."
In the last decade of the century Kentucky grew very rapidly. In 1800 the population consisted of one hundred and seventy-nine thousand eight hundred and seventy-three whites, forty thousand three hundred and forty-three slaves, and seven hundred and thirty-seven free colored. The white population had increased in this time two hundred per cent, and the slave two hundred and twenty-four per cent.
THE TERRITORY OF THE UNITED STATES SOUTH OF THE OHIO, AND THE ADMISSION OF TENNESSEE
We have noticed the checkered career of the Watauga Association and that of the State of Franklin, especially the attempt of the latter to gain independence and be admitted. to the Union. The short and stormy career of the State ended after the legislative convention of 1787, when the adherents of Franklin transferred their allegiance from that State to North Carolina. A rapid increase in population followed in the Cumberland settlements, but these as well as the others were not at all satisfied with the attitude of the Federal government toward the navigation of the Mississippi. Their prosperity was identified with the control of that river. As in Kentucky, this problem was destined to play an important part in the future of the Tennessee region.
In 1789, North Carolina ceded her western lands to the Union, and the cession was accepted in April of the next year. There was the usual provision that the territory should be made into a State or States, and one sentence showed the fears already entertained by the South: "No regulation made or to be made by Congress shall tend to emancipate slaves." According to the deed of cession, Congress must satisfy certain claims before it could make any disposition of the lands ceded by North Carolina. It was found that there were more claims than the ceded lands could satisfy, so that no public lands were created out of this territory.
On May 26, 1790, an Act was passed for the government of the "Territory of the United States south of the river Ohio." In general the administration of the territory was patterned after the form prescribed in 1787 for the government of the territory north of Ohio River. It was a rule by a governor and three judges, who were to have power until the population of the territory reached five thousand, when it entered upon the second stage of territorial government. The people of the Tennessee district were fortunate in having William Blount for the first governor, a man who was not a typical frontiersman, but rather a polished gentleman accustomed to associate with the most refined people of the country. He was a friend of Washington, stately and dignified, yet he succeeded in winning the affection and confidence. of the frontiersmen. From the first, his appointment was very popular. His administration was not marked by any work of legislative importance. There were the usual Indian troubles, a constant feature of southwestern life at that time. Murders and depredations by these savage neighbors were frequent, especially in the Miro district. The navigation of the Mississippi and the relation of the backwoodsmen to the Spaniards in Louisiana were questions of growing interest and anxiety. But in spite of all the hindrances, the settlements continued to grow. The Acts passed by the governor and judges previous to the convening of the territorial Assembly were not of great importance. The boundaries of Greene and Hawkins Counties were defined, and Jefferson and Knox Counties were laid out. Taxes were created to repair or build courthouses, prisons, and stocks. Arrangements were made for holding the Superior Court, and attention was given to various financial matters. But Blount and his associates did little legislating, but when any was done, they followed the laws of North Carolina.
By the ordinance for the government of the territory, the people could elect a territorial legislature, as soon as there should be five thousand free male inhabitants of full age in the district. The first territorial legislature met on August
25, 1794, and continued in session a little over a month. On August 29th, Mr. White presented a bill to establish a university in Greene County. On September 3d, this bill became a law, by which Greeneville College was established. The Rev. Hezekiah Balch became president, and the college was located on his farm.
A few days after this a law was passed authorizing the establishment of Blount College in the vicinity of Knoxville. The liberal tendency of the people of the territory was shown in the regulation that students of all denominations should be admitted to equal advantages of education, and to the honors and emoluments of the college. The students and faculty were exempt from military duty, except in time of a general invasion of the territory. Blount College later became the University of Tennessee.
A lottery was authorized for raising funds to build a wagon road from Southwest Point to the settlements on Cumberland River, and another lottery was authorized to raise a fund for erecting a jail and stocks in Nashville. The disturbed condition of the times and the generous natures of the settlers are evident from the act passed giving adequate relief to those who were wounded or rendered incapable of self-support while in the militia service of the territory. This aid was also extended to the widows. and orphans of such persons, and was to continue from year to year so long as there was need.
The territorial Assembly which convened in January, 1795, passed an Act for enumerating the people in the territory. It continued to struggle with the baffling question of taxation. It decided that a white man should pay a poll tax of twelve and one-half cents and a black man twice as much. In recognition of the excellent work being done by Martin Academy in Washington County under the presidency of the Rev. Samuel Doak, it gave the institution the right to become a college, under the name of Washington College, with practically the rights and privileges of Blount College. The Act for the relief of soldiers and their families was suspended.