three judges, was called the " General Court," but not unfrequently the " Supreme Court." While it was not the immediate predecessor of the Indiana Supreme Court, yet it was the first court that exercised appellate jurisdiction over the present terri tory of the State. THE GENERAL COURT OF INDIANA TERRI TORY. On the 7th day of May, 1800, the North west Territory was divided, the greater part of what is now the State of Ohio being em braced in the eastern division, and the re mainder constituting Indiana Territory, with the seat of government at Vincennes. The Ordinance of 1787 was continued in force, its provisions in one or two instances slightly modified. In June, 1779, a court of civil and crimi nal jurisdiction had been organized at Vin cennes, composed of several magistrates; but this was not an appellate court. It was a nisi prius court, and having also some leg islative authority. The commandant at the post acted as its president. This court, how ever, was not the predecessor of the General Court authorized by the Ordinance of 1787, when Indiana Territory was severed from Ohio. May 13, 1800, Harrison was appointed Governor of the new Territory, and on the next day John Gibson, a native of Pennsyl vania, was appointed Secretary. The execu tive journal of the Territory, dated at "St. Vincennes, July 4, 1800," runs: "This day the government of the Indiana Territory commenced, William Henry Harrison hav ing been appointed Governor, John Gibson Secretary, William Clarke, Henry Vander burgh, and John Griffin judges, in and over said Territory." But the only officer present and acting was Gibson, who served as Gov ernor until the arrival of Harrison, Jan. 10, 1801. He forthwith issued a proclamation, convening the Governor and judges in a leg islative session two days later. Under the Ordinance of 1787, the material
parts of which remained in force after the separation of Ohio and Indiana, the Gov ernor and judges constituted the legislature, with the power to " adopt and publish in the district such laws of the original States, criminal and civil, as " might " be necessary, and best suited to the circumstances of the district, and report them to Congress, from time to time, which laws " were to " remain in force in the district until the organization of the General Assembly therein, unless dis approved of by Congress; " but afterwards the legislature was given "authority to alter them as they " might see " fit." Three resolutions and six laws were adopted at the first session. The Governor and judges had only power to " adopt and publish in the district such laws of the origi nal States ... as" might "be necessary, and best suited to the circumstances of the dis trict." Consequently they had no authority to pass a resolution, much less one not taken from the laws or resolutions of one of the original States. The three resolutions thus adopted were nullities. Two of the laws were taken from Kentucky; and a third one in part from Kentucky, and the remainder of them from Virginia. It is quite clear that the Governor and judges had no power to adopt a law of Kentucky; for they were only authorized to adopt " laws of the original States," and Kentucky was not one of these States. The Governor and judges continued as a legislative body until July 29, 1805. Their second session began Jan. 30, 1802; the third, Feb. 16, 1803, and the fourth, Sept. 20, 1803. At their second session they adopted two laws; at their third, one law and two resolutions; and at their fourth, eight laws and seven resolutions. One of the laws adopted at the fourth session was an original repealing act, a law they had no power to adopt. The laws of the Northwest Territory adopted previous to the division were con sidered in force, upon the theory that the division of the old Territory was merely for administrative purposes; that the laws
