Medina County, Ohio - Chapter 10: Formation, 1881

Chapter 10: Formation

part of the Northwest Territory included in Ohio, during the decade from 1788 to 1798, despite the Indian war, that the demand for an election of a Territorial Assembly could not be ignored by Gov. St. Clair, who, having ascertained that 5,000 free males resided within the limits of the Territory, issued his proclamation October 29, 1798, directing the electors to elect representatives to a General Assembly. He ordered the election his home with them. He was most active in the war of 1812 agminst the Americans, and from the time he began his work to unite the tribes, his bistory isso closely identified therewith that the reader is referred to the history of that war in succeeding pages.

On the day designated, the representatives * assembled at Cincinnati, nominated ten persons, whose names were sent to the President, who selected five to constitute the Legislative Council,

*Those elected were: from Washington County, Return Jonathan Meigs and Paul Fearing; from Hamilton County, William Goforth, William McMillan, John Smith, John Ludlow, Robert Benham, Aaron Caldwell and Isaac Martin; trom St. Clair County

(Hlinois), Shadrach Bond; from Knox County (Indiana), John Small; from Randolph County (1llinois), John Edgar; from Wayne County, Solomon Sibley, Jacob Visgar and Charles F. ( habert de Joncaire; from Adams County, Joseph Darlington and Nathaniel Massie; from Jefferson Co: nty, James Pritchard; from Ross County, Thomas Worthington, Elias Langhaw, Samuel Findley and Edward Tiffin. The five gentlemen, except Vanderburgh, chosen as the Upper House were all from counties afterward included in Ohio.

or Upper House. These five were Jacob Burnet, James Findley, Henry Vanderburgh, Robert Oliver and David Vance. On the 3d of March, the Senate confirmed their nomination, and the Territorial Government of Ohio* - or, more properly, the Northwest - was complete. As this comprised the essential business of this body, it was prorogued by the Governor, and the Assembly

That day, the Territorial Legislature met again at Cincinnati, but, for want of a quorum, did not organize until the 24th. The House consisted of nineteen members, seven of whom were from Hamilton County, four from Ross, three from Wayne, two from Adams, one from Jefferson, one from Washington and one from Knox. Assembling both branches of the Legislature, Gov. St. Clair addressed them, recommending such measures to their consideration as, in his judgment, were suited to the condition of the country. The Council then organized, electing Henry Vanderburgh, President; William C. Schenck, Secretary; George

The House also organized, electing Edward Tiffin, Speaker; John Reilly, Clerk; Joshua Rowland, Doorkeeper, and Abr ham Carcy, Sergeantat-arms.

This was the first legislature clected in the old Northwestern Territory. During its first session, it passed thirty bills, of which the Governor vetoed eleven. They also elected William llenry Harrison, then Secretary of the Territory, delegate to Congress. The Legislature continued in session till December 19, having much to do in forming new laws, when they were prorogued by the Governor, until the first Monday in November, 1800. The second session was held in Chillicothe, which had been designated as the seat of government by Congress, until a permanent capital should be selected.

May 7, 1800, Congress passed an act establishing Indiana Territory, including all the country west of the Great Miami River to the Mississippi,

* Ohio never existed as a Territory proper. It was known, both before an Latter the division of the Northwest Territory as the "Territory northwest of the Ohio River." Still, as the PADRE. compriselin its Jimits was the principal theater ot action, the short resume given here is made neces-ary in the logical course of eventa, Ohio, es Ohio, never existed until the creation of the State in March, 1803.

of the eastern, or old part of the Territory, William McMillan was elected to the vacancy caused by thisact. By the organization of this 'Territory, the counties of Knox, St. Clair and Randolph, were taken out of the jurisdiction of the old Territory, and with them the representatives, Henry Vandenburgh, Shadrach Bond, John Small and John Edgar.

Before the time for the next Assembly came, a new election had occurred, and a few changes were the result. Robert Oliver, of Marietta, was chosen Sp.aker in the place of Henry Vanderburgh. There was ccnsiderable business at this session; several new counties were to be erected ; the country was rapidly filling with people, and where the scruples of the Governor could be overcome, some organization was made. He was very tenacious of his power, and arbitrary in his rulings, affirming that he, alone, had the power to create new counties. This dogmatic exercise of his veto power, his rights as ruler, and his defeat by the Indians, all tended against him, resulting in his displacement by the President. "This was done, however, just at the timethe Territory came from the second grade of government, and the State was created.

The third session of the Territorial Legislature continued from November 24, 1801, to January 23, 1802, when it adjourned to meet in Cincinnati, the fourth Monday in November, but owing to reasons made obvious by subsequent events, was never held, and the third session marks the decline of the Territorial government.

April 39, 1802, Congress passed an act "to enable the people of the eastern division of the territory northwest of the Ohio River, to form a constitution and State government, and for the admission , of such States into the Union on an equal footing with the original States, and for other purposes." In pursuance of this act, an | election had been held in this part of the Territory, | and members of a constitutional convention cho- | sen, who were to meet at Chillicothe, November | 1, to perform the duty assigned them.

The people throughout the country contemp. - | cd in the new State were anxious for the adoption The arbitrary acts of the Territorial Governor had heightened this feeling ; the census of the Territory gave it the lawful | number of inhabitants, and nothing stood in its way. f The convention met the day designated and proceeded at once to its duties. When the time | arrived for the opening of the Fourth Territorial

Legislature, the convention was in session and had evidently about completed its labors. The members of the Legislature (eight of whom were members of the convention) seeing that a speedy termination of the Territorial government was inevitable, wisely concluded it was inexpedient and unnecessary to hold the proposed session.

The convention concluded its labors the 29th of November. The Constitution adopted at that time, though rather crude in some of its details, was an excellent organie instrument, and remained almost entire until 1851, when the present one was adopted. Either is too long for insertion here, but either will well pay a perusal. The one adopted by the convention in 1802 was never submitted to the people, owing to the circumstances of the times; but it was submitted to Congress February 19, 1803, and by that body accepted, and an aet passed admitting Ohio to the Union.

The Territorial government ended March 3, 1803, by the organization, that day, of the State government, which organization defined the present limits of the State.

** We, the people of the Eastern Division of the Territory or the United States. Northwest of the River Ohio, having the right of admission into the General Governmeuüut as a member of the Union, consistent with the Constitution of the United States, the Ordinance of Congress of one thousand seven hundred and eightyseven, and of the law of Congress, entitled * An act to enable the people of the Eastern Division of the Territory of the United States Northwest of the hiver Ohio, to form & Constitution and a State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes; in order to establish justice, promote the wellfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following Constitution or form of government; and do mutually agree with each other to form ourselves into a free and independent State, by the name of the State of Ohio." * - Preamble, Constitution of 180^.

When the convention forming the Constitution, completed its labors and presented the results to Congress, and that body passed the act forming

* The namo of the State is derived from the river forming its southern boundary. Its origin is somewhat obscure, but is commonly ascribed to the Indians, On this point, Col. Johnston says: "The Shawanoese called the Ohio River 'Kis-ke-pi-la, Sepe, i. e., *E«gle River? The Wyan ors were in the country generations betoro the Shawanoese, aud, consequently, their namo of tho river is the primitive one and should stand in preferenco to all others. Ohio may be called an improvement on the expression, 'O-he-zuh,' and was, no doubt, adopted by the early French voyagers in their boat-songs, and is substantially the same wor t as used by the Wyandots: the meaning applied by the French, fair and beautiful 'lu belle river; being tho same precisely as that meant hy the Indians - 'great, grand and fair to look upon.' " - Howe's Collectious.

Washington, July 27, 1788; Hamilton, January 2, 1790; (owing to the Indian war no other counties were erected: till peace was restored); Adams, July 10, 1797; Jefferson, July 29, 1797; Ross, August 20, 1798; Clermont, Fairfield and Trumbull, December 9, 1800; Belmont, September 7, 1801. 'These counties were the thickestsettled part of the State, yet many other localities needed organization and were clamoring for it, but owing to St. Clair's views, he refused to grant their requests. One of the first acts on the assembling of the State Legislature, March 1, 1803, was the creation of seven new counties, viz., Gallia, Scioto, Geauga, Butler, Warren, Greene and Montgomery.

Section Sixth of the "Schedule" of the Constitution required an election for the various officers and Representatives necessary under the new government, to be held the second Tuesday of January, 1803, these officers to take their seats and assume their duties March 3. The Second Article provided for the regular elections, to be held on the second Tuesday of October, in each year. The Governor elected at first was to hold his office until the first regular election could be held, and thereafter to continuecin office two years.

The January elections placed Edward Tiffin in the Governor's office, sent Jeremiah Morrow to Congress, and chose an Assembly, who met on the day designated, at Chillicothe. Michael Baldwin was chosen Speaker of the House, and Nathaniel Massie, of the Senate. The Assembly appointed William Creighton, Jr., Secretary of State; Col. Thomas Gibson, Auditor; William McFarland, Treasurer; Return J. Meigs, Jr., Samuel Huntington and William Sprigg, Judges of the Supreme Court; Francis Dunlevy, Wyllys Silliman and Calvin Pease, President Judges of the First, Second and Third Districts, and Thomas Worthington and John Smith, United States Senators. Charles Willing Byrd was made the United States District Judge.

The act of Congress forming the State, contained certain requisitions regarding publie schools, the " salt springs," public lands, taxation of Government lands, Symmes' purchase, ete., which the constitutional convention agreed to with a few minor considerations. "These Congress accepted, and passed the act in accordance thereto. The First General Assembly found abundance of work to do regarding these various items, and, at once, set themselves to the task. Laws were passed regarding all these; new counties created; officers appointed for the same, until they could be elected. and eourts and machinery of government put in motion. President Judges and lawyers traveled their circuits holding courts, often in the open air or in a log shanty; a constable doing duty as guard over a jury, probably seated on a log under a tree, or in the bushes. The President Judge instructed the officers of new counties in their duties, and though the whole keeping of matters accorded with the times, an honest feeling generally prevailed, inducing each one to perform his part as effectually as his knowledge permitted.

The State continually filled with people. New towns arose all over the country. Excepting the occasional sicknesses caused by the new climate and fresh soil, the general health of the people improved as time went on. They were fully in accord with the President, Jefferson, and carefully nurtured those principles of personal liberty engrafted in the fundamental law of 1787, and later, in the Constitution of the State.

course of events, following the change of government until Burr's expedition and plan of secession in 1805 and 1806 appeared. What his plans were, have never been definitely ascertained. His action related more to the General Government, yet Ohio was called upon to aid in putting down his insurrection - for such it was thought to be - and defeated his purposes, whatever they were. His plans ended only in ignominious defeat; the breaking-up of one of the finest homes in the Western country, and the expulsion of himself and allthose who were actively engaged in his scheme, whatever its imports were.

Again, for a period of four or five years, no exciting events occurred. Settlements continued ; mills and factories increased; towns and cities grew; counties were created; trade enlarged, and naught save the common course of events transpired to mark the course of time. Other States were made from the old Northwest Territory, all parts of which were rapidly being occupied by settlers. "The danger from Indian hostilities was litle, and the adventurous whites were rapidly occupying their country. One thing, however, was yet a continual source of annoyance to the Americans, viz., the British interference with the Indians. Their traders did not scruple, nor fail on every opportunity, to aid these sons of the forest with arms and ammunition as occasion offered, endeavoring to stirthem up against the Americans, until events here and on the high seas culminated in a declaration of hostilities, and the war of 1812 was the result. The deluded red men found. then, as they found in 1795, that they were made tools by a stronger power, and dropped when the time came that they were no longer needed.

Before the opening of hostilities occurred, however, a series of acts passed the General Assembly, causing considerable excitement: These were the famous *Sweeping Resolutions," passed in 1810. For a few years prior to their passage, considerable discontent prevailed among many of the legislators regarding the rulings of the courts, and by many of these embryo law-makers, the legislative power was considered omnipotent. They could change existing laws and contracts did they desire to, thought many of them, even if such acts conflicted with the State and National Constitutions. The "Sweeping Resolutions" were brought about mainly by the action of the judges in declaring that justices of the peace could, in the collection of debts, hold jurisdiction in amounts not exceeding fifty dollars without the aid of a jury. The Constitution of the United States gave the jury control in all such cases where the amount did not exceed twenty dollars. 'There was a direct contradiction against the organic law of the land - to which every other law and act is subversive, and when the judges declared the legislative act unconstitutional and hence null and void, the Legislature became suddenly inflamed at their independence, and proceeded at once to punish the administrators of justice. The legislature was one of the worst that ever controlled the State, and wes composed of many men who were not only ignorant of common law, the necessities of a State, and the dignity and true import of their office, but were demagogues in every respect. Having | ie power to impeach officers, that body at once did so, having enough to carry a two-thirds majo: 7, and removed several judges. Further matui. gy their plans, the ** Sweepers," as they were known, construed the law appointing certain judges and civil officers for seven years, to mean seven years from the organization of the State, whether they had been officers that length of time or not. All officers, whether of new or old counties, were construed as included in the act, and, utterly ignoring the Constitution, an act was passed in January, 1810, removing every civil officer in the State.

February 10, they proceeded to fill all these vacant offices, from State officers down to the lowest county office, either by appointment or by ordering an election in the manner prescribed by law.

The Constitution provided that the office of judges should continue for seven years, evidently seven years from the time they were elected, and not from the date of the admission of the State, which latter construction this headlong Legislature had construed as the meaning. Many of the counties had been organized but a year or two, others three or four years; hence an indescribable confusion arose as soon as the new set of officers were appointed or elected. The new order of things could not be made to work, and finally, so utterly impossible did the injustice of the proceedings become, that it was dropped. The decisions of the courts were upheld, and the invidious doctrine of supremacy in State legislation received such a check that it is not likely ever to be repeated.

Another act of the Assembly, during this period, shows its construction. Congress had granted a township of land for the use of a university, and located the township in Symmes' purchase. This Assembly located the university on land outside of this purchase, ignoring the act of Congress, as they had done before, showing not only ignoranee of the true scope of law, but a lack of respect unbecoming such bodies.

The seat of government was also moved from Chillicothe to Zanesville, which vainly hoped to be made the permanent State capital but the next session it was again taken to Chillicothe, and commissioners appointed to locate a permanent capital site.

These commissioners were James Findley, Joseph Darlington, Wyllys Silliman, Reason Beall, and William McFarland. It is stated that they reported at first in favor of Dublin, a small town on the Scioto about fourteen miles above Columbus. At the session of 1812-13,the Assembly accepted the proposals of Col. James Johnston, Alexander MeLaughlin, John Kerr, and Lyne Starling, who owned the site of Columbus. The Assembly also decreed that the temporary seat of government should remain at Chillicothe until the erected, when it would be taken there, forever to remain. This was done in 1816, in December of that year the first meeting of the Assembly being held there.

The site selected for the capital was on the east bank of the Scioto. about a mile below its junction with the Olentangy. Wide streets were laid out, and preparations for a city made. The expectations of the founders have been, in this respect, realized. The town was laid out in the spring of 1812, under the direction of Moses Wright. A short time after, the contract for making it the capital was signed. June 18, the same day war was declared against Great Britain, the sale of lots took place. Among the early settlers were George McCormick, George B. Harvey, John Shields, Michael Patton, Alexander Patton, William Altman, John Collett, William McElvain, Daniel Kooser, Peter Putnam, Jacob Hare, Christian Heyl, Jarvis, George and Benjamin Pike, William Long, and Dr. John M. Edminson. In 1814, a house of worship was built, a school opened, a newspaper - The Western Intelligencer and Columbus Gazette, now the Ohio State Journal - was started, and the old State House erected. In 1816, the "Borough of Columbus" was incorporated, and a mail route once a week between Chillicothe and Columbus started. In 1819, the old United States Court House was erected, and the seat of justice removed from Franklinton to Columbus. Until 1826, times were exceedingly " slow " in the new capital, and but little growth experienced. The improvement period revived the capital, and enlivened its trade and growth so that in 1834, a city charter was granted. The city is now about third in size in the State, and contains many of the most prominent public institutions. The present capitol building, one of the best in the West, is patterned somewhat after the national Capitol at Washington City.

From the close of the agitation of the " Sweeping Resolutions," until the opening of the war of 1812, but a short time elapsed. In fact, scarcely had one subsided, ere the other was upon the country. Though the war was national, its theater of operations was partly in Ohio, that State taking an active part in its operations. Indeed, its liberty depended on the war.

List Of Territorial And State Governors

From the organization of the first civil government in the Northwest Territory (1788 to 1802), of which the State. of Ohio was apart, until the year 1880.

Name

(a) Arthur St. Clair, of Pennsylvania, was Governor of the Northwest Territory, of which Ohio was a part,from July 13,1788, when the first civil government was established in the Territory, until abont the close of the year 1802, when he was removed by the President.

c) Return Jonathan Meigs was elected Governor on the second Tuesday of October, 1807, over Nathaniel Massie, who contested tlie election of Mcigs, on the ground that "ha had nct been a resident of this State for four years next preceding the election, as required by the Constitution," and the General Assembly, in joint convention, declared that he was not eligible. The office was not given to Massie, nor does it appear, fromthe records that he claimed it, but Thomas Kirker, acting Governor, continued to discharge the duties of theoffice until December 12, 1808, when Samuel Huntington was inaugurated, he having been elected on the second Tuesday of October in that year.

(g) The result of the election in 1848 was not finally deterfnined in joint convention of the two houses of the General Assembly until January 19,1849, and the inauguration did not take place until the 22d of that month.