Morrow County, Ohio - Chapter 10 (1 of 2 so headed), 1880

FORMATION OF THE STATE GOVERNMENT - OHIO A STATE - THE STATE CAPITALS - LEGISLATION - THE "SWEEPING RESOLUTIONS " - TERRITORIAL AND STATE GOVERNORS.

SETTLEMENTS increased so rapidly in that 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 20, 1708, 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 against the Americans, and from tlie time lie began his work to unite the tribes, his liistory is so closely identitieil therewith that the render is referred to the history of tliat war in sucrceding pages. It iii:iy notbe amiss to sav tliat all stories regarding tlio manner of Ills di'iitli are considered erroneous. He was undouliteilly killed in the outset of the battle of the Thames in Canada in 1814, and his body secretly buried by the Indians.

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

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 Caldwll and Isaac Martin; from St. Clair County (Illinois), Shadrach Bond; from Knox County (Indiana), John Small; from Randolph County (Illinois), John Edgar; from Wayne County, Solomon Sibley, Jacob Visgar and Charles F. Chabart de Joncavio; from Adams County, Joseph Darlington and Nathaniel Massie; from Jefferson County, James Pritchard ; from Ross County, Thomas Woithington, Ellas Langham.Somuel FIndley and Edward Tittin. The five gentlemen chosen as the Upper House were all from counties afterward included in Ohio.

or Upper House. TWvr ilw- were Jacob Burnet, Jauu's Fiiiilli'V, Henry Vanderburj'li, Robert Oliver anil David Vance. On the :>cl of March, the Senate coniirmetl their nomination, and the Territorial ( Joveriniient of Ohio* - or, more properly, the Northwest. - wa.s complete. As thi.s comprised the essential business of this body, it was jprorouued by the (Jovernor, and the A.ssembly directed to meet at the same jtlace Septeuiber IG, 17!>!>, and proceed to the enactment of laws for the Territury.

That day, the Territorial Legislature met again at Cincinnati, but, for want of a quorum, did nt)t 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 Jeffei'son, one from Washington and one from Knox. A.ssembling both I)ranches of the Legislature, (xov. St. Clair addressed them, reconuneiiding such measures to their consideration as, in his judgment, were suited to the condition of the country. The Council then organized, electing Henry V'anderburgli, J Resident; William C. Schenck, Secretary; George Howard, Doorkeeper, and Abraham Carey, Sergeant-at-arms.

The Hou.se also organized, electing Edward Tiffin, Speaker; John Reilly, Clerk; Josliua Rowland, Doorkeeper, and Abraham Carey, Sergcantat-arms.

This wa.s the first legislature elected in the "old Northwestern Territory. During its first se.ssion, it passed thirty bills, of which the Governor vetoed eleven. They also elected William Henry ILirrison, then Secretary of the Territory, delegate to Congress. The Legislature continued in ses.sion till December 10, having nuicb 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 a.s the seat of government by Congress, until a permanent capital should be selected.

May 7, 1800, CongTcss passed an act establishing Lidiana Territory, including all the country west of the Great Miami Ri\er to the Mississippi, and appointed William Henry Harrison its Governor. At the autumn session of the Legislature

* Ohio nover existefl a« a Territory proper. It was known, both befiire ntnl alter tlie division of tlio Northwest Territory, as the "Ti-rritory nortliwest of the Ohio Kiver." Still, a.s the country comprised in its limits wiw the principal the.iter of action, tlio short P'sume given here id made necessary in the )o(;ical course of event"). Ohio, a» Ohio, never existed until the creation of the State in March, 1803.

of the eastern, or old part of the Territory, William McMillan and l*aul Fearing were elected to the vacancies caused by this act. By the organization of this 'JVrritory, the counties of Knox, St. C'lair and Ilandolph, were taken out of the jurisdiction of the old Territory, and with them the represi>ntativ(!s, Henrv 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 Speaker in the place of Henry ^'anderburgh. There was considerable 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 ! 'resident. This was done, however, just at the timethe Territory came from the second grade of government, and "the State w'a^ 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 JMonday 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 30, 1802, Congress pa.s.sed an act "to enable the people of the eastern division of the territory nortliwest of the Ohio River, to form a constitution and State government, and for the admission of such States into the Union on an etjual footing with the original States, and for other purposes." In pursuance of this act, an election had been held in this part of the Tenitory, and members of a constitutional convention chosen, who were to meet at Chillicothe, November 1, to perform the duty assigned them.

The people throughout the country contemplated in the new State were anxious for the adoption of a State government. The arbitrary acts of the Territorial Governor had heiglitenetl this feeling ; the een.sus of the Territory gave it the lawful number of inhabitants, and notliing stood in its way.

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 e-xcellent oi'ganic 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 })erusal. The one adopted by the convention in 18U2 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 act 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 Divisiou of the Territory of the United States. Northwest of the River Ohio, liaving the right of admission into the General Governmci'it 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 eual)le the people of the Eastern Division of the Territory of the United States Northwest of the River Ohio, to form a 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 foi-m ourselves into a free and independent State, by the name of the State of Ohio."* - Preamble, Constitution- of 1S02.

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

* The name of the State is derived from the river forming its southern houudary. Its origin is somewhat obscure, hut is commonly iiscrihed to tho Indians. On this point, Col. Johnston says: "The Shawanoese called the Ohio River 'A't.'j-A-e-pt-/«, Sepe, i. e., ^Eugle lUier.'' The Wyanlots were in the country generations hetore the Shawanoese, and, consequentlj', their name of the river is the primitive one and should stand in preference to all other.s. Ohio may be called an improvement on the expression, '0-he-::nh,' and was, no doubt, adopted by the early French voyagers in their boat-songs, and is substantially the same wor i as useil by the Wyandots: the meaning applied by the French, fair and beautiful 'la belle river,' being the same precisely as that meant by the Indians - 'great, grand and fair to look upon.' " - Hoxee's Collection^.

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 crj^ation of seven new counties, viz., Gallia, Scioto, Greauga, 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 continue in office two years.

The January elections placed Edward Tiffin in the Governor's office, sent Jeremiah ^lorrow 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 ; AVilliam 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 public schools, the " salt springs," public lands, taxation of Government lands, Symmes' purchase, etc., 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 tlu'iusi'lves to the task. Laws wore jiassed roganlinu all these ; new eounties created ; officers a|nn)inted ior the same, until they could he elected, and courtj< and niachinerv of governnient put in motion. President Juilges and lawyers traveled their circuits holding courts, otVen in the open air or in a log shanty ; a eou.stahle doing duty as guard over a jury, prohably seated on a log under a tree, or in the hushes. The President Judge instructed the officers of new counties in their duties, and though the wliole keeping of matters accorded with the times, an honest feeling generally prevailed, inducing eacli one to perform his part as effi'etually as his knowledge permitted.

The State continually filled with peonle. New towns aro.se all over the country. Excepting the occasional .sieknes.ses caused by the new climateand fresh soil, the general health of the people improved as time went on. 'J'hey were fully in accord with the President, Jefferson, and caretidly nurtured those principles of personal liberty engrafted in the fundamental law of 1787, and later, in the Con.stitution of the State.

Little if any change occurred in the natural course of events, following the change of government until Burr's expedition and plan of secession in 1805 and 18(K) ap{)eared. What liis plans were, have never been definitely ascertained. His action i-elated more to the General (Jovernment, yet Ohio was ealled upon to aid in putting down his insurrection - for such it was thought to be - and defeated liis ])urj)oses, whatever they were. Mis plans ended only in ignominious defeat; the breaki!)g-uj» of one of the finest homes in the Western country, and tin? expulsion of himself and all those wlio were actively engaged in his scheme, what«'ver its imports were.

Again, for a piiriod of four or five years, no exciting events occurred. Settlements continued ; mills and factories increased ; tdwns and cities grew ; counties were created ; trade enlarged, and naught save the common course of events transpired to mark the cour.><e of time. Other States were made from the old Northwest Territory, all parts of which were rajiidly being o(K-upied by settlers. The danger from ln(Uan ho.stilities was little, 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 stir them up against the .Vmericans, until evetits here and on the high seas culminated in u declaration of hostilities, and the war of 1812 was the result. The deluded red men found then, as they found in 17i>5, that tliey 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 (Jeneral Assend)ly, 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 jtower 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 pi!ace could, in the collection of debts, hold jurisdiction in amounts not exceeding fifly dollars without the aid of a jury. The Constitution of the ITnited 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 de(;lared the legislative act unconstitutional and hence null and void, the Legislature became suddenly inflamed at their independence, and proceeded at once to jiunish the administrators of justice. The legislature was one of the worst that evei' controlled the State, and was composed of many men who wen> 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 the power to impeach officers, that body at once did so, Inuang enough to carry a two-thirds majority, and renuived several judges. Further maturing their plans, the "Sweepers," as they wei-e known, construed the law ajipointing certain judges and civil officers for st^ven years, to mean seven years from the organization of the State, wlu'ther they had been officers that length of tinu' 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 Jamiary, 1810, removing every civil lofficer in the State.

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

The Constitution provided that the oflSce 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 justness 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 ignorance 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 McLaughlin, 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 buildings necessary for the State officers should be 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 1 81 2, 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.

(c) Return .hinathan Mei^-s w.is elected Governor on the ^econd Tuesday of October, 1ko7, over Niithanii 1 Massie, who cont-'Sted the election of Mimrh, on thepr.iund that "h" liacl not lit-en a resident of this .'>tat<! for four years nixt |iri'Ceding the election, as recpiired hy the Constitution,"' and the General As-semhly, in joint convention, declared that he was not eliKilile. The ofhce wa-t not (riven t> Massie, nor doi-s it appear, from the recorils that he claimed it, hut Thomas Kirki-r, nctoig Governor, continued todi:jcharL'e the duties of theoflice until December 12, l.'^OK, when .S.iiniirl HuntinKt<m was inauKunite<l, he having been electi d on the second Tuesday of Octolter in that year

(gi The result of the election in 18t8 was not finally determined in joint convention of the two houses of the General Assembly until .lanuary 10,1849, and the inauguration did not take place until the 22d of that month.