"Given under my hand this 5th day of April, 1788."
(Signed) J. F. HAMTRAMCK, Majr. Comd'g.(119)
A little later, Hamtramck wrote: "Our new government has taken place; five magistrates have been elected by the suffrage of the people, but not one of the Ottoman families remains in. One Mr. Miliet, Mr. Henry, Mr. Bagargon, Capt. Johnson, and Capt. Dalton, have been elected. You will be surprised to see Dalton in office; but I found that he had too many friends to refuse him. I keep a watch-side eye over him, and find that he conducts himself with great propriety."(120)
The relief afforded by the new court was not complete, for soon came the report: "The people are very impatient to see Gen. St. Clair or some of the judges; in fact, they are very much wanted."(121) The term of the members of the court expired in April, 1789, and no new members were elected, because the early arrival of Gen. St. Clair was expected.(122) An interregnum occurred, and in November, 1789, Hamtramck wrote to Harmar: "It is high time that government should take place in this country, and if it should happen that the Governor was not to come, nor any of the Judges, I would beg (for the sake of the people) that his Excellency would give me certain powers to create magistrates, a Sheriff and other officers, for the purpose of establishing Courts of Justice--for, at present, there are none, owing to the daily expectation of the arrival of the Governor. Those that had been appointed by the people last year, their authority has been refused in the courts of Kentucky, they declaring that by the resolve of Congress, neither the people of Post Vincennes, or the commanding officer, had a right to appoint magistrates; that the power was vested in the Governor only, and that it was an usurped authority. You see, Sir, how much to the prejudice of the people their present situation is, and how necessary it is that some steps should be taken to relieve them.
"The powers of the magistrates may be circumscribed as his Excellency may think proper, but the necessity of having such characters will appear when I assure you that at present no person here, can administer an oath which will be considered legal in the courts of Kentucky--and for the reasons above mentioned."(123)