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had been attached to the government of Upper Louisiana; and the census, as taken by order of the Lieutenant-Governor Delassus, at the close of the year 1799, presented the entire population at more than 6000 souls, including 880 slaves and 197 free persons of color."* This population was distributed as follows: St. Louis, 925; Carondelet, 184; St. Charles, 875; St. Fernando, 276; Marias des Liards, 376; Maramec, 115; St. Andrew, 393; St. Genevieve, 949; New Bourbon, 560; Cape Girardeau, 521; New Madrid, 782; and Little Prairie, 49. Total, 6028.

At different periods previous to 1811, a number of Delaware, Shawanese, and Cherokee Indians had built villages along the banks of the St. François and White Rivers, by a privilege granted them by the Spanish authorities, and up to 1812 they had conducted themselves to the satisfaction of all the white settlers. About the same time a few Creeks, Choctaws, and Chicasaws located upon the same waters, and were considered as outlaws by their respective nations, and their depredations among the whites were serious and frequent.

The name of Louisiana Territory was changed to that of "Missouri Territory," which was then advanced to the second grade of government, by an act of Congress, approved June 4, 1812. The first Council consisted of nine members, and the House of thirteen. On the 1st of October, 1816, Governor Howard, by proclamation, reorganized the "districts," as heretofore called, into counties: St. Charles, St. Louis, St. Genevieve, Cape Girardeau, and New Madrid. The district of Arkansas formed a portion of New Madrid County.

The House commenced their first session on the 7th of December, 1812. The first representatives were: St. Charles-John Pitman and Robert Spencer; St. Louis-David Music, Bernard G. Farrar, William C. Carr, and Richard Caulk; St. Genevieve-Geo. Bullett, Richard S. Thomas, and Isaac McGready; Cape Girardeau-Geo. F. Bollinger and Stephen Byrd; New Madrid-John Shrader and Samuel Phillips. William C. Carr was elected Speaker, and Andrew Scott, Clerk.

The members of the first Council were: Jas. Flaugherty and Benjamin Emmons, of St. Charles; Auguste Chouteau, Sr., and Samuel Hammond, of St. Louis; John Scott and James Maxwell, of St. Genevieve; William Neely and Geo. Cavener, of Cape Girardeau, and Joseph Hunter, of New Madrid Counties.

In 1818, the people of the territory petitioned Congress for authority to form a State government. A bill was accordingly introduced

* Monette, vol. ii.

during the session of 1818-19, and contained, among other provisions, that of prohibiting slavery or involuntary servitude. It passed the House, but was rejected in the Senate. The bill was again brought up the ensuing session, and after an animated discussion which lasted several weeks, a compromise was entered into by the advocates and opposers of the "slavery restriction." The terms adopted were that slavery should be tolerated in Missouri, but in no other part of Louisiana as ceded by France to the United States, north of 36° 30′ north latitude. Accordingly the people of Missouri Territory were authorized to form a constitution, under which, when approved by Congress, Missouri should be admitted into the Union, on an equal footing with the original States.

The election for members of the Convention was held on the first Monday in May, 1820, and resulted in the choice of the following persons:

Cape Girardeau.-Stephen Byrd, Richard S. Thomas, James Evans, Alexander Buckner, and Joseph McFerron.

Cooper. Robert P. Clark, Robert Wallace, and William Lillard. Franklin.-John G. Heath.

Howard.-Nicholas S. Buckhart, Duff Green, John Ray, Jonathan S. Findlay, and Benjamin H. Reeves.

Jefferson.-Samuel Hammond.

Lincoln.-Malcolm Henry.

Montgomery.-Jonathan Rumsey and James Talbott.
Madison.-Nathaniel Cook.

New Madrid.-Robert D. Dawson, Chris. C. Houts.
Pike. Stephen Cleaver.

St. Charles.-Hiram H. Baber, Nathan Boone, and Benj. Em

mons.

St. Genevieve.-Jno. D. Cooke, Henry Dodge, John Scott, and R. T. Brown.

St. Louis. David Barton, Edward Bates, Alexander McNair, William Rector, Jno. C. Sullivan, Pierre Chouteau, Jr., Bernard Pratte, and Thos. F. Riddick.

Washington.-John Rice Jones, Samuel Perry, and John Hutch

ings.

Wayne.-Elijah Bates.

The Convention met at St. Louis, June 12, 1820, elected David Barton President, and William G. Pettus Secretary, and formed a constitution which was laid before Congress early in the session of 1820-21. The constitution contained a provision by which it was made the duty of the Legislature to pass laws "to prevent free

negroes or mulattoes from coming into and settling in this State, under any pretext whatever." This was considered by some of the members as a direct violation of the Constitution of the United States, which they had sworn to support. Missouri, which had thus far contended for every inch of ground in her passage from a territorial to a State government, was now again the subject of contention, of debate, and finally of compromise. The "restrictionists" and "anti-restrictionists" were again in hostile array, and the old contest was renewed, and carried on with a spirit which in many instances was quite unjustifiable, the effects of which are still perceptible in the enmity existing between even the descendants of the contending parties. After several months' time and thousands of dollars had been squandered in debating and wrangling over the subject, a resolution was finally passed through both Houses of Congress, which provided that "no law shall be passed by which any citizen of either of the States of this Union shall be excluded from any of the privileges and immunities to which such citizen is entitled. under the Constitution of the United States." In compliance with the specification of the act, the Legislature of Missouri, on the 21st of June, 1821, passed a solemn public act of assent to the fundamental provision contained in the above resolution, which was transmitted to the President, who, on the 10th of August, 1821, issued his proclamation, and gave Missouri her place, as the twenty-third State in the Union.*

The following are the particulars respecting the location of the seat of government, and the erection of the Capitol building :

An act providing for the location of the permanent seat of government for the State of Missouri, (approved November 16, 1820.)

SEC. 1. That John Thornton, from the County of Howard, Robert Gavy Watson, from the County of New Madrid, John B. White, from the County of Pike, James Logan, from the County of Wayne, and Jesse B. Boon, from the County of Montgomery, in the State of Missouri, shall be and they are hereby appointed Commissioners for the purpose of selecting a suitable place for the location of the permanent seat of government for said State, etc.

An act supplementary to an act, entitled an act providing for the location of the permanent seat of government for the State of Missouri, (approved 28th June, 1821.)

SEC. 1.-That Daniel Morgan Boon, of the County of Gasconade, be and he is hereby appointed a Commissioner for the purpose of

* Beck's Gazetteer, edition of 1823.

selecting a suitable place for the location of the permanent seat of government of this State, to fill the vacancy occasioned by the death of Jesse B. Boon, one of the Commissioners heretofore appointed, etc.

By the provisions of an act entitled "an act fixing the permanent seat of government, (approved 31st December, 1821,) the following described lands were selected for the permanent seat of government: "The fractional sections six, seven, and eight, the entire sections seventeen and eighteen, and so much of the north part of sections nineteen and twenty as will make four sections, all in fractional township 44 north and range 11 west of 5th principal meridian." These lands had been previously selected by the Commissioners, and by a resolution approved 28th of June, 1821, the Governor was required to give notice to the Surveyor of Illinois, and Missouri, and Arkansas, and also to the Register of the proper land office, of said selection.

By the provisions of "an act supplementary to the act fixing the. permanent seat of government," (approved 11th January, 1822,) the same Commissioners were required to lay off a town on said sections to be called "City of Jefferson." And all the said lands were to be laid off into lots, large or small.

An act to provide for the building of a Capitol and for other purposes, (approved 2d February, 1837.)

SEC. 1.-"The Governor, Secretary of State, Auditor of Public Accounts, Treasurer, and Attorney-General, or any three of them, shall be ex-officio Commissioners, whose duty it shall be to superintend the building of the Capitol," etc.

Above the principal entrance to the Capitol is the following inscription:

ERECTED A.D. 1838.

L. W. BOGGS, Governor.

P. G. GLOVER, Secretary of State.

H. H. BABER, Auditor Public Accounts.

W. B. NAPTON, Attorney-General.

A. MCCLELLAN, Treasurer.

S. HILL, Architect.

Commissioners.

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* A State census was taken in September, 1821, at which time there were twenty-five counties in the State, and a population of 70,647; of whom 11,234 were slaves.

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