Stark County, Ohio - Chapter with an unread heading (no. 8 of those read), 1881

Chapter with an unread heading (no. 8 of those read)

FORMATION' OF THE STATE GO-V-ERXMENT - OHIO A ST.\TE - 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, des]iite the Indian war, that the demand for an election of a Territorial Assembly could uot 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 re])re,sentatives to a General Assembly. He ordered the election bis homo with them. Ho was most actiTo in tbo war of 1812 against tho Americans, and from tht? tim*^ tie began his work to unite the trib<?9, his history is so closely identified therewith that the reader is referred to the history of that wur in siiccee<ling pages. It may notbe amiss to say that all stories regarding the manner of his death are considered erroneous. He was undouhtedly killed in the outset of the battle of the Thames in Canada in 1814. and his liody secretly buried by the Indians.

On the day designatccl, the representatives* a.s.sembled 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, Rotun) Jonathan Meigs and Paul Fearing; from Hamilton County, William Guforth, William McMillan, John Smith, John Ludlow, Robert Benham, Aaron Caldwell and Isaac Martin; from St. Clair County (Illinois), Shadrach Bond; from Knox County (Indiana\ John Small; from Itandulpb County (Illinois), John Kdgar; from Wayne County, Solomon Sibley, Jacob Visgar and Charles F. < 'habert de Joncaire; from Adams County, Jo?*eph I'arlington and Nathaniel Massie; from Jefferson County, James I'ritciiarJ; from Uoss County, Thomas Worthington, Elias Langham, Samuel Findley and Kdwanl Tiffin. Tho five gentlemen, except Vanderburgh, chosen as tbo Upper nouSB were all from counli.-< nfterwiirJ included in Ohio.

cir Upper House. Tlie.se five were Jacob Burnet, James Findloy, Henry Vanderburgh, llobert Oliver and David "V'anee. On the od of March, the Senate confirmed their uomination, 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 directed to meet at the .same place September 1 6, 1799, and proceed to the enactment of laws for the Tenitory.

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 Washing-ton, 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 Howard, Doorkeeper, and Abraham Carey, Sergeant^at-arms.

The House also organized, electing Edward Tiffin, Sjieaker ; John Reilly, Clerk ; Joshua Rowland, Doorkeeper, and Abraham Carey, Sergeantat-arms.

This was the first legislature elected in the old Northwestern Territory. During its first session, it pa.ssed thirty bills, of which the Governor vetoed eleven. They also elected WiUiam Henry 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 jMiami River to the Mississippi, and appointed William Henry Harrison its Governor. At the autumn session of the Legislature

* Ohio never existed as a Territory proper. It was known, both before and after the division of the Northwest Territory, as the "Territory northwest of the Ohio River." Still, as the country comprised in its limits was the principal theater of action, the short resume given here is made necessary in the logical course of events. Ohio, as 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 this act. 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 Speaker in the place of Henry ^^anderbuigb. There was considerable business at this sessidii ; several new counties were to be erected ; the couu-' try was rapidly filling with people, and where the scruples of the Governor could be overcnme. some organization was made. He was very tciiacimis of his power, and arbitrary in his rulings, affiiiiiiiig that he, alone, had the power to create new counties. This dogmatic exercise of his veto power, his rii;lifs as vuh'r. and his defeat by the Indians, all tiihl. il ;rj,iiiist him. resulting in his displacement by tlic 1 'resident. This was done, however, just at the time the Territory came ft'om 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 30, 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 I'nion 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 chosen, who were to meet at (Jliillicothe, November 1, to perform the duty assigned them.

The people throughout the country contemplated in the new St.ate were anxious for the adoption of a Stat* government. 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.

The convention met the day designated and proceeded at once to its duties. 'When the time arrived for the opening of the Fourtli Territorial

Leijjislature, the couvention w:us 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 terminatidn of the Territurial government Wius inevitable, wisely concluded it was inexpedient and unnecessary to hold the propo.sed .session.

The convention concluded it.s laboi-s the 29th of Xovember. The Constitution adopted at that time, thiiugh rather crude in .«unie nf its details, was an excellent organic in-strument, and remained almost entire until 1851, when the pre.sent one was adopted. Either is too long for insertion here, but either will well pay a perusal. 1'he one adojited by the convention in 18(12 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 p;u*sed admitting Ohio to the Union.

The Territorial governnuMit ended March .3, lS(i;5, by the organization, that day, of the State government, which organization detined the present limits of the State.

" We, the people of the Eastern Division of the Territory of the United States, Northwest of tlic Itivcr Ohio, having the riglil of aJmission into tlie General Government as a member of tlic Union, consistent with the Constitution of the United States, the (hdinance 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 River Ohio, to form a Constitution and a State Government, and for the admission of such State into the Union on an efiual 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 ilo mutually agree with cich other to form ourselves into a free and independent State, by the name of the State of Ohio. "* - Preamble, ConstUuHon of 1802.

When the convention fonning the Constitution, completed it,s labors and presented the resultvS to Congress, and that body passed the act forming

* The name of the State is derived from the river forming its Boiithern Iwundarj.. Ita origin is somewhat obscure, but is commonly a*icribed to tlie Indians. On this point, C<d. Johnston says: " The Sliawanoeso called the Ohio River 'A'is-fce-pi-tn, Sfpe, i. c, ^Englc River: The Wyandols were in tlie country generations t)efore the Shawanoese, and, consequently, their nameof the river is the primitive one and sliuuld stand in preference to all others. Ohio may t>e called an improvement on the expression, *0-fce-.TnA,' and wai?, no doubt, adopted by the early Frencti voyagers in their iK)at-^ong8, and is sub^lantialiy the same wort as used by the W'yandots: the meaning applied by ttie French, fair and beautiful ' /.i Mte ritrr,' being the same precisely as that meant tiy the Indians - 'great, grand and fair to lootc upon.' " - //oice'i CoUedinna.

Wtushingtou, July 27, 1788; Hamilton, January 2, 179II; (owing to the Indian war no other countic-s were erected till peace was restored); Adams, July 10, 1797; Jt^fferson, July 29, 1797; Ro.s,s, Autjust 20, 1798; Clermont, Fairfield and Trumbull, December 9, 1800; Belmont, Septcmiicr 7, ISOl. These counties were the thickest- .-icttled part of the State, ytrt many other localities needed organization and were clamoring for it, but owing to St. Clair's views, he refused to grant their reipiests. One of the fir.st acts on the a.ssombling of the State Legislature, March 1, 1803, w;us the creation of seven new counties, viz., Gallia, Scioto, Geauga, Hutlcr, Warren, Greene and Montgomery.

Section Sixth of the "Schedule" of the Constitution retiuired an election for tlie various officers and Representatives necessary under the new government, t« be held the second Tuesday of January, 1803, the.se officers to take their seats and a.ssuine their duties March 3. The Second Article provided for the regular elections, to be held on the second Tiie.sday of October, in each year. The Governtn- elected at first was to hold liis office until the first regular election could be held, and thereafter to continue in office two years.

The January elections jilactid Edward Tiffin in the Governor's office, sent Jeremiah Munow to Congress, and chose tin 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 ajipointed William Creighton, Jr., Secretary of State ; Col. Thomas Gibson, Auditor ; William McFarland, Trea.surer; Return J. Meigs, Jr., Samuel Huntington and William Sjirigg, Judges of the Sti- ]ireine Court; Francis Dunlevy. Wyllys Sillitnan and Calvin I'ea.'^e, President Judges of the First, Second and Third Districts, and Thomas Worthington and Jnhn Smith, United States Senators. Charles Willing Byrd was made the United States District Judge.

The :ict of Congress forming the State, contained certain requisitions regarding public schools, the " salt springs," public hinds, taxation of Government lands, purchase, etc., which the constitutional cnnvention agreed to with a few minor cimsiderations. These Congres.s accepted, and pa.s.sed 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 iipiiiilnted for the same, until they could be elected, and courts 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, jtrobably seated on a log under a tree, or in the bushes. The President Judge ins(ructed 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 ficsh soil, the general health of the people improved as time went on. They were fully in accord with the President, Jelferson, and carefully nurtured those principles of personal liberty engrafted in the fundamental law of 1 7 87, and later, in the Constitution 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 180(3 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 ; tlie breaking-up of one of the finest homes in the Western country, and the expulsion of himself and all those 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 flictories 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 fi'om the old North wast Territijry, all parts of which were rapidly being occupied by settlers. The danger from Indian hostilities was little, and the adventurous wliites 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 scrapie, nor fail on every oppt)rtunity, to aid" these sons of the forest with arms and ammunition as occasion offered, endeavoring to stir them 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 ho.stilities occurred, however, a series of acts passed the General Asisembly, 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 ju.stices of the peace could, in the collection of debts, hold jurisdiction in amounts not exceeding fitly 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 then- independence, an<I proceeded at once to punish the administrators of justice. The legislature was one of the worst that ever controlled the State, and was 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 the power to impeach officers, that body at once did so, having enough to carry a two-thirds majority, and removed several judges. Further maturing their plans, the " Sweepers," as they were known, construed the law appointing certain judges and civil officers for seven years, to mean seven years fi'om 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.

Histoky Of Ohio

February 1(), tlioy i)roceeded to fill all these vacant offices, from State officers down to the lowest county office, citlior by appointment or by ordering an election in tlio njanner 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 tlic meaning. Manj' of the counties had been organized but a j'ear 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 impu.^sible 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 townsliip in Symmes' purcha.se. This Assembly located the university on land outside of this purcha.se, ignoring tlie act of Congress, as tliey 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 Zancsville, 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 Findlcy, Joseph Darlington, Wyllys Silliman, Roa.son Bcall, and William McFarland. It is stated that they rep<irte<l at first in fovor of Dublin, a small town on the Scioto about fourteen miles above Columbus. At the session of 1812-13, the A.s.sembly accepted the proposals of Col. James Johnston, Alexander McLaughlin, John Kerr, and Lyne Starling, who owned the site of Columbus. The As,scmbly also decreed that the t«mporar\' 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 ISlti, 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 .springof 1812, under the direction of Moses Wright. A .sliort time after, the contract for making it the capital Wits signed. June IS, the same day war was declared against Great Britain, the sale of lots took place. Among the early settlers were George 3IcCormick, Gc(jrge B. Harvey, John Shields, jMichael Patton, Alexander Pattoii, William Altman, John Collett, William Mcl-^lvain, Daniel Kooscr, Peter Putnam, Jacob Hare, Christian Heyl, Jarvis, George and Benjamin Pike, William Long, and Dr, John M. Edmin.soii. In 1814, a house of worship was built, a .school opened, a new.spaper - The Wt stern Intdligeiicer and Columbus Gazette, now the Ohio State Journal - was started, and the old State House erected. In 1816, the "Borough of Columbus" wa.s 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 182(), times were exceedingly slow " in the new capital, and hut 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 man}' of the most prominent public institutions. The jiresent capitol building, one of the best in the West, is patterned somewhat after the national Capitol at Washington Citj'.

From the clo.se of the agitation of the " Sweeping Resolutions," until the opening of the war of 1812, but a short time elapsed. In fact, scarcclj' had one subsided, ere the other was upon the country. Though the war was national, its theater of operations wa-s 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), 0/ wAi'cA the State of Ohio was apart, until the year 1880.

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

(c) Return Jonathan Meigs waH elected Governor on the second Tuesday of October, 1807, over Nathaniel Massie, who contested the election of Meiga, on the ground that "he had not 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 tliat he was not eligible. The office was not given to Massie, nor does it appear, from the records that he claimed it, but Thomas Kirker, acting Governor, continued to discharge the duties of the office until December 12, 1808, when Samuel Huntington was inaugurated, he having been elected on the second Tuesday of October in that year.

I.g) The result of the election in 1848 was not finally determined m 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.