Thomas Jefferson Papers
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Report on the Proceedings of the Southwest Territory, 19 June 1793

Report on the Proceedings of the Southwest Territory

The Secretary of State having received from the Secretary of the territory of the US. South of the Ohio a report of the1 proceedings of that government from Sep. 1. 1792. to the 16th. of Feb. 1793.

Reports to the President of the US.

That they do not contain any thing necessary for him to act on: unless, as it is suggested by Mr. Smith, it should be necessary to lay before Congress the act of their legislature of Nov. 20. 1792. That tho’ the Secretary of state knows of no law or circumstance which requires this to be done, yet he thinks it will be safe to consult the Attorney General of the US. whether there be any such law, before any conclusion taken.

Th: Jefferson
June 19. 1793.

RC (DNA: RG 59, MLR); endorsed by Bartholomew Dandridge, Jr. PrC (DLC). Tr (Lb in DNA: RG 59, SDC). Enclosures: (1) Journal of the Proceedings of Governor William Blount of the Southwest Territory, 10 Sep. 1792–16 Feb. 1793 (Tr in DNA: RG 59, SWT, in the hand of Daniel Smith; Tr in Lb in DNA: RG 76, Yazoo Land Claims; printed in Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-, 28 vols. description ends , iv, 451–3). (2) Act of the Governor and Judges of the Southwest Territory, 20 Nov. 1792, authorizing the county courts to levy poll and land taxes, beginning 1 Jan. 1793, to be used to erect and maintain courthouses and prisons, pay jurors, and defray contingent county expenses (Tr in DNA: RG 59, SWT, in Smith’s hand; printed in Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-, 28 vols. description ends , iv, 218–19). Recorded in SJPL: “Report on proceedings of S. W. Territory.” See also Washington, Journal description begins Dorothy Twohig, ed., The Journal of the Proceedings of the President, 1793–1797, Charlottesville, 1981 description ends , 183.

In his letter transmitting the enclosures to TJ, Daniel Smith, the secretary of the Southwest Territory, indicated that he had placed the act of 20 Nov. 1792 “on a separate sheet because it is to have the approbation of Congress” (Smith to TJ, Knoxville, 1 Mch. 1793, RC in DNA: RG 59, SWT, at foot of text: “Thos. Jefferson Esquire Secretary of State,” endorsed by TJ as received 15 June 1793 and so recorded in SJL; Tr in Lb in DNA: RG 76, Yazoo Land Claims; printed in Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-, 28 vols. description ends , iv, 240). While the Northwest Ordinance of 1787 did not require that Congress consent to laws passed by the territoral governor and judges, it did specify that such acts were to be reported to Congress, which had a right to negative them (Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-, 28 vols. description ends , ii, 42–3, iv, 18). See also Edmund Randolph to TJ, 25 July 1793.

1TJ here canceled “executive.”

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