Johnson County, Missouri - Chapter 9, 1881

Chapter 9

Missouri Territory - The Legislative Power - The Judicial - First Delegate to Congress - Edward Hempstead - His Life and Character - First and Second Territorial Legisla¬ tures.

We shall now proceed to the political history of Missouri territory. The territory was an organization of congress and was called into being in the year 1812. The organization consisted of a governor, a legislative coun¬ cil, and a house of representatives. In these three branches was vested the entire legislative power.

The house of representatives then, as to-day, consisted of members elected every two years. The apportionment was one to every five hun¬ dred white males. It was stipulated, however, that the house should never consist of more than twenty-five members. The first house con¬ tained only thirteen. The house nominated from the commonwealth at large eighteen citizens, nine of whom with the approval of the senate of the United States, and the president thereof, constituted the legislative coun¬ cil. The governor held the power of an absolute veto.

The judicial power of the territory was vested in one superior court of three judges, holding office for four years, inferior courts and justices of the peace.

The first governor of the territory was William Clark, already famous from the Lewis and Clark expedition. Pursuant to an act of congress he re-organized the districts, making five, as follows: St. Charles, St. Louis, Ste. Genevieve, Cape. Girardeau and New Madrid. At the same time he ordered a general election to be held, pursuant to law, on the second Mon¬ day of November, 1812.

Historical Sketch Of Missouri

representative of Missouri, was Edward Hempstead. Edward Hemp¬ stead was not only a noted pioneer, but was also a remarkable man indi¬ vidually, and worthy to be remembered, alike for his many noble qualities of head and heart, and his eminent and patriotic services. His memory has lately been revived in Missouri. His portrait was presented to the State through the last general assembly (the 31st) by Elihu B. W ashburn e, of Illinois, when a eulogy upon his life, character, and services was pronounced. The position which he occupied demands of us an extended notice, and in order to present him to the reader in the best light, we quote largely from Mr. Washburne's address. *4 -j OQrtrp

" At*this election Edward Hempstead was elected delegate to "congress. This election took place just one week (Nov. 2, 1812), from the opening of the second session of the twelfth congress, to which he had been elected. On the 4th of January, 1813, he took his seat, as shown by the following entry in the journal: 4 Monday, January 4th, 1813, Edward Hempstead, returned to serve as the delegate in this house from the territory of Mis¬ souri, appeared, produced his credentials, was qualified, and took his seat.' A question arose, whether the delegate thus elected could remain a dele¬ gate after the expiration of the twelfth congress, on the 4th of March, 1813.

" The first official act of Mr. Hempstead was a motion to raise a commit¬ tee of the house, to inquire into the matter. Of that committee, Mr. Hemp¬ stead was chairman. The practice of the house of representatives of that date was different from that of the present time. Under the present rules and practices of the house of representatives, the territorial delegates can¬ not sit on the committees of the house. On the 15th day of January, Mr. Hempstead introduced into the house certain resolutions, instructing the committee on public lands to inquire into the expediency of legislation in regard to the adjudication of land claims, etc., in the territory of Louisiana (then Missouri), and, also, instructing the same committee to inquire into the expediency of granting the right of pre-emption to actual settlers on public lands in the territory of Missouri.

"On the 29th of January, 1813, Mr. McKee, from the committee appointed on the motion of Mr. Hempstead, to inquire into the question of further legislation in regard to election of delegate from the territory of Missouri, reported that no legislation was necessary, for the reason that the delegate having been elected for two years under the provision of the law organizing the territory, he could hold his seat for that term ; that is to say, from the second Monday in November, 1812, till the second Mon¬ day in November, 1814; that the delegate elected in pursuance of law, and for the term of two years, could not be deprived of his seat by any subsequent law.

1813, but Mr. Hempstead did not take his seat till the 10th of June; this session of congress adjourned on the 2d of August, and Mr. Hempstead's name is not connected with any measure introduced in the house during that session. Mr. Clay was the speaker of this house.

" The second session of this thirteenth congress convened on the 6th of December, 1813, and Mr. Hempstead was present as delegate from the territory of Missouri. He had given his attention to a subject of vast importance to the territory that he represented. It was the question of the final adjustment of land titles upon the bill which had been presented in the house in accordance with resolutions theretofore introduced by him. It was on this bill that he made what appears to be his only speech during his term of service. As reported in the " History of Congress," it is an able one. He treats of the questions presented with great clearness, evincing a thorough knowledge of his subject and of the questions of inter¬ national law which were involved. He contended that the title to lands in the Louisiana territory, before Spain ceded it to France in 1803, should be recognized and confirmed by the United States; that the acts of the Spanish government in granting titles to lands in Louisiana territory from the time of the cession to France in 1800 and up to the time France ceded it to the United States in 1803, should be recognized and confirmed by the United States. France had never taken possession of the country ceded by Spain in 1800, but had left the latter country in the full exercise of its sovereignty up to the time of the cession to the United States in 1803. Former acts of congress had cut off all these grants made by the Spanish government, violating, as he contended, not only the treaty with France, but the well-known principles of international law. Mr. Hempstead characterized this law as " the violation of every principle either of law or equity; it declared that which had been legally commenced by another government to be null and void; it made void the proceedings of a power in the just exercise of its sovereignty. Instances have often occurred, where what had been lawfully begun, but not completed, has been sanc¬ tioned and acknowledged, especially when it depended on the perform¬ ances of conditions which subsequent events had made it impossible to perform, but never could a lawful act be made unlawful. A right once vested could not, without any fault of the claimant, be either at law or in equity divested; such a principle changed the nature of things, and was, therefore, odious. "Would," asked Mr. Hempstead, "the Spanish gov¬ ernment have sanctioned the grants made by its officers? If so, they ought now to be sanctioned ; without the solemn stipulations of the treaty to support it, policy alone would dictate such a course."

"He appealed in behalf of his constituents: 'Liberality will secure the affections of those you have made a part of your family; it will root old attachments, while a more rigid plan will occasion distrust and dissatis- faction, and the change will be regarded as injurious. No national bene¬ fit can result from this rigor; a few acres of land to the United States are nothing, but taken away from individuals may cause distress and ruin. Many of them are strangers to your language and unacquainted with your laws; their affections ought not to be estranged when extending justice to them will secure their confidence.' Mr. Hempstead than showed the injustice of other laws that had been passed on this subject. They had been so amended and altered by so many different statutes, that difficulties had been increased instead of diminished. It could not be denied that the people of his territory were in a worse siuation in that respect than others. 4 It now remains for me, Mr. Speaker, to consider very briefly whether the present bill will do full and complete justice to the claimants. During the ten years of scrutiny and investigation, few have made improvements. Many families, despairing of obtaining their equitable claims, and tired of the uncertainties attending their titles, have abandoned a country which cannot prosper without the fostering aid of the government, and, if the delay of justice has not, in all cases, been equal in its consequence to an absolute denial of it, still it has caused much distress and injury. The present bill will quiet the apprehensions of most of the claimants, and although it will neither satisfy nor do jus¬ tice to all, yet it will restore that confidence which has been much impaired, and will do what the national faith is pledged to do.' The act of congress which Mr. Hemstead had introduced and so ably and stren¬ uously advocated, became a law on the 12th day of April, 1814. It was a law of transcendant importance to the people of the territory of Mis¬ souri, for it confirmed the 4 incomplete Spanish grants or conceptions, or any warrant or order of survey for lands lying within the territory of Mis¬ souri prior to March 10, 1804,' which was the date when the sovereignty of France over Upper Louisiana passed to the sovereignty of the United States. The act also provided for giving to the settlers of Missouri ter¬ ritory the right of pre-emption to public lands, a beneficent act which

Mr. Hempstead, having successfully accomplished the objects for which he was sent to congress, declined a re-election , and returned to the prac¬ tice of his profession, and to the performance of all the duties of a good citizen. In this latter capacity he showed his disposition to be useful to his country by accepting inferior stations, after having retired from the highest which the vote of his fellow-citizens could confer upon him. He went out in several expeditions to protect the frontiers from the Indians during the war which followed, and afterward served in the general assembly of the territory, of which he was elected speaker in the popu¬ lar branch. * * * *

The Rev. Salmon Giddings, delivered the funeral sermon on Wm. Hempstead, on August IT, 1817. It was an eloquent and feeling tribute to the worth of the deceased. After alluding to his settlement in Louisi¬ ana territory, he says :

Here, by his diligent attention to business, he had acquired a fortune, and by his virtuous conduct, had gained the confidence and esteem of his fellow-citizens.

In the private walks of life few shone so bright. He was modest and unassum¬ ing, and endeared to all around him by a thousand tender ties. As his influence was extensive, he used it for the peace and benefit of society. In him the oppressed found a protector, and the poor a benefactor. * * * * *

His professions of friendship were few but sincere, and his attachments ardent. Those who knew him best, esteemed him most. ***** few men were so exemplary in their lives. ***** a profes¬ sional character, he shone conspicuous. His talents were rather solid than splen¬ did. Of quick apprehension, a discriminating mind and clear judgment, his counsel was much sought and highly esteemed. His loss was not only individ¬ ual, but public. The oppressed have lost a protector, the poor a benefactor, the rich an amiable and agreeable companion, a wise and prudent counselor, the vicious a reprover, virtue a friend, and the territory one of its brightest orna¬ ments.

The wisdom of history, we claim, lies in preserving the story of such characters as this. For history is but a recital of the acts of men. Better that the life of one noble, brave, true man be cherished, than the daring acts of an hundred others, whom only the fires of ambition have made visible. He did but his duty, and the star of his life is now risen to its zenith.

The proceedings of the first session of the territorial legislature which met in July, 1813, have not been handed down intact, but from the laws enacted we have a regulation and establishment of weights and meas¬ ures, the creation of the office of sheriff, establishment of census reports, of courts of common pleas, of the incorporation of banks. Another tran¬ saction was the organization of Washington county from Ste. Genevieve.

At the second session of this first legislature, laws were passed " to regulate elections, one for the suppression of vice and immorality on the Sabbath, one creating the offices of territorial auditor and treasurer and county surveyor, one concerning public roads and highways."

The second territorial legislature consisted of twenty-two representa¬ tives and met in St. Louis on the 5th of December, 1814. Rufus Easton was chosen a delegate to congress.

A second session of the assembly was begun in December, 1816. Among the acts passed was one to reward the "killing of wolves, panthers, and wild-cats." At this time, also, a board of trustees was incorporated for superintending schools in the town of St. Louis.