Seneca Township (part 4 of 60)

On reaching the west paTt of the state of Missouri - continues Mr. Brish - we came to a solitary cabin, far beyond any other habitation, which we found occupied by a woman and three or four children, all of whom had been sick of the fever, of which the husband of the woman, and father of the children had but recently died, and was buried by his own family near the door. They were in an utter state of destitution, almost without clothing, and totally without provisions.

We supplied them abundantly with such things as they needed. At that time, Warner was acting as one of my teamsters, and had with him a cow, which he bought of a frontier settler, and was driving her to the Indian country for his own Use. After we had left the cabin some distance, I heard the woman call out - -^'^OM have left a cow hehirid.'^ On looking back, I saw Warner's cow in a small picket enclosure, near the house, and immediately drew his attention to the fact. His reply was, "I put her there - guess the woman '11 want her worse than I shall!" So the cow was left, and Benjamin Franklin Viarner proved, that under a rough exterior, he carried a noble and generous heart.

There were many Indians among the Senecas, who were highly esteemed, for their uprightness and honesty, by their white neighbors - many that were respected for their kindness, hospitality and civility - -yet there was owe, who was, in every respect, a savage - a perfect monster ; delighting in the shedding of blood, whether of friends, or foes. This was Peter Pork, the Indian who caused the death of Benajah Parker.

Pork was a Cayuga, and the terror of his nation. Strongarm-Tequania, an Indian of his tribe, was killed by him. It occurred just before the fatal affray with Parker. Both had been at Lower Sandusky, and as they were returning home, somewhat intoxicated, they concluded to try the speed of their horses. A race ensued, which ended in a regular fight - or duel - between them. The weapons chosen were axes ! Tequania was mangled in a terrible manner. His wounds, which were deep and fatal, were dressed by Dr. Ely Dresbach, of Tiffin. After nine days' suffering he expired.

An Indian woman, usually known as " Thomas Brandt's old wife," was also killed by this Indian. She was then at a very advanced age, and lived in a log hut, at some distance from any of her tribe, entirely alone. She was met one day by Peter Pork, (who had accused her of witch-craft,) who tomahawked her without farther ceremony. He tlien covered her remains with brush, near the spot where she had fallen. A search was instituted, and her body found some distance from the place where it had been left, horribly mangled by the wolves ! We are informed, that since the Senecas removed to the west, he has killed another Indian, named Joseph Silas, who was greatly beloved by the whites while living upon the Sandusky. As many as eight Indians, in all, are known to have been slain by this savage.

There was an old Indian living upon the Vanmeter tract, a Mohawk, whose name was Charlieu, who was famous for his animosity to the Americans. At the age of about twenty-five, he fought with the rest of the Canadian Indians, under Montcalm, upon the heights of Abraham, where the brave and generous Wolfe was killed. At that time he was married, and had one child. He fought during the last war, on the side of the British, and had a large number of scalps in his possession when in this county, which he had taken during the war. He joined the Seneca Indians, with the rest of his tribe, in 1829, and with them, started for the west. At St. Louis, he was taken sick, and died on the 26th of April, 1832. As he wore several crosses suspended from his long hair, he was claimed by the , Roman Catholics, and received a Christian burial in the Catholic church-yard of that city. He was supposed to be over one hundred years of age when he died. He spoke Frencli fluently and was well known to the first settlers of this county.

It has already been stated, that the frontiers of New York, Pennsylvania, and Virginia, during the Revolutionary war, were continually harassed by the murderous incursions of the savages from the region of the Sandusky, and from Canada.

Besides those captive whites, whose homes were formerly within the limits of this county, and who had a quantity of land granted to each, at the treaty of the rapids of the Miami of Lake Erie, in 1817, there was one to whom no land was granted, whose history is somewhat remarkable. He was a son of a Mr. Nicely, then a resident of the state of Pennsylvania, on the banks of the Loyal Hannah river, and was captured by the Wyandot Indians,

It was a pleasant day in the summer, and two daughters of Mr. Nicely proceeded to a hay-field, not far away, for the purpose of gathering berries. Taking with them their youngest brother, who was then about three years of age, they placed him upon a pile of hay, and went some distance to seek for berries. While thus employed the child was discovered and carried off by a band of Wyandots, who were lurking about the settlements in that vicinity.

But the little fellow cried so loud, and, as the Indians said, *' made a noise so much like a crow," that they gave him the name of that bird.* By this title, he was ever after known among the Indians. He was adopted by the Wyandots, and educated in all the arts of savage warfare.

Many years subsequent, his father learning that there were captives residing upon the banks of the Sandusky river, determined to visit this country, in hopes of finding his long lost son. He came to Upper Sandusky, and after visiting all the whites among the Wyandot Indians, without receiving any intelligence of him, and with hopes well nigh exhausted, he proceeded down the river to the home of the Senecas-

After first calling upon Spicer, he went to the residence of " the Crow." The instant the old man fixed his eyes upon him, he exclaimed - " Yoti are my son ! Is your name Jacob ?" The Crow replied in the affirmative ; as he had never forgotten his name. The anxious father then examined one of the arms of his son, and found a scar, produced by a burn, when a child. This was a sufficient identity ; and we can imagine the heart-felt joy of the old man as he gazed long upon his swarthy features.

pleasure in roaming the deep wild-woods - too much glory and delight in the excitement of the chase ! The unfettered, unrestrained indulgences of an Indian's life, were far more congenial to his feelings, than the habits, manners and forced restraints of civilized society. No persuasion - no argument, was for a moment listened to, as all that was dear to him was here ; and to leave them all forever, he could - he would not. His father was wealthy and offered him land. But what cared he for riches or lands ? Freedom in the " far west " was all he desired ; and the hunting-grounds of his youth were much more to be preferred, than the fenced and cultivated fields of his native state.

But after much importunity, he consented to return and make his mother a shori visit. Accordingly, both started on their journey ; but the first night, at the house where they had put up, and when all were asleep around him, the recoU lection of by-gone days, and years spent in tranquil security upon the banks of the Sandusky, made the Crow already anxious to return. While these things were revolving in his mind, the idea occurred to him, that, when he had once reached the place of his nativity, his relations would strive to compel him to remain. He immediately resolved to return ; and before day-break, he arose and retraced his steps to his family and his home. His father proceeded on, dispirited and discouraged ; and soon after died of a hroken heart ! Such is the force of education ; and such the power of paternal affection.

The Crow's place of residence was in Pleasant township - this county - upon the farm at present owned by the heirs of the late Israel P. Haines. He emigrated with the Senecas to the west, and died of the cholera, in 1833, on the banks of the Neosho river. A truly honest man, he was highly res= 15* pected by all who knew him ; although a perfect Indian in habits and manners. He spoke Indian and French fluently, and the English intelligibly, and was often employed as interpreter by the Americans.

Chapter Xiii

Murder of Drake - Seneca township - Berwick - Hopewell township - Bascom - Loudon township - Rome - Risdon - Liberty township - Bettsville - Jackson township.

It has been stated that at the time of establishing the first post-office at Oakley, there was but one mail-route through the county, leading from Lower Sandusky to Columbus. Many years ago, the mail was carried along this route, by a young man, (a son of Judge Drake, of Marion,) who was killed, as was supposed at that time, by an Indian. He was found, torn by the wolves; and there were marks of a knife also discovered upon his body.

In 1830, Judge Drake came to this county to find out, if possible, who the murderer of his son was ; or to what tribe he belonged. He called upon Mr. Brish, then agent of the Senecas ; and, in company with the latter, proceeded to the residence of Jacob Nicely or "the Crow." The interpreter employed, was Martin Lane. Upon being interrogated, the Crow stated that the son of Judge Drake was killed by an Indian whose name was ^^ Big Kettles,^'' and that, as soon as he committed the murder, he fled to Canada. The judge returned home, fully satisfied that his son was murdered by a Canadian Indian. But such was not the fact. Mr. Brish, some time subsequently, asked George Herrin what Indian was called "Big Kettles." The reply was, that it was Spicer, ihe- white man who lived upon the banks of the Sandusky.

It appears that the young man had passed over to the east side of the river ; and, when near Spicer's residence, was met by him and accompanied to the place where he was to cross back to the west side of the river. Spicer mounted the horse behind him ; and as soon as they had reached the opposite bank, he drew his knife, and reaching around the young man, with one effort cut him nearly in twain !

He then dragged him behind an old log near a spring, which is just below the dam of John Keller, on the Sandusky river. -As soon as this was done, he proceeded to Crow's house, who, observing that he was covered with blood, inquired if he had killed a deer. Spicer replied, that he had killed a white man, whereupon Crow ordered him to be gone, as, in all probability, he would be pursued; and if traced to his (Crow's) residence, they might suspect him as being accessory to the murder. Spicer fled to Canada, but after a while returned. These particulars, until related to Mr. Brish, were kept a profound secret.

erected their first council house upon the river bank on the farm at present owned and occupied by General Treat, in what is now Sandusky county. This tribe had several buryinggrounds, the principal of which was at the old council house, and contained, about 20 acres of land within the enclosure. The majority of the Seneca Indians lived in log cabins, while the chiefs, generally resided in good comfortable houses. They usually hunted over all this section of country - -on the Maumee, and sometimes around the marshes near New Haven.

But now these sons of the forest are gone ; and truly can the early settlers of this county exclaim that, we are now surrounded by a new race of inhabitants. The almost unprecedented influx of population which has poured in upon us from the east, and the south, has gathered around us a new genera- tion, so that we of the " olden time," seem now to live in the midst of strangers ! The red men of the forest have disappeared - the pioneer, shunning the society of the refined and intelligent, has gone to the ultima thule or the " far west," and the squatter has followed his footsteps !

On the 8th day of May, 1820, the commissioners of Sandusky county set off a township, in this county, which included all of the land west of a line drawn south to the base-line from the south-east corner of the Seneca reservation, and to which they gave the name of Seneca.

Portions have been taken from this township at various times, to form new ones, so that at present it comprehends the original surveyed township No. 1, in the 14th range, only. The land included within its present limits was surveyed into sections and quarter sections by J. T. Worthington in 1820.

The first election for township ofBcers was held on Monday, the 1st day of June, 1820. At the next annual election the following officers were chosen : W. Barney, John Lay, and David Risdon, trustees ; John Eaton, clerk; Benjamin Barney, treasurer; Joseph Keller and David Rice, overseers of the poor ; James Montgomery, Erastus Bowe, and Joel Chaffin, supervisors ; P. Wilson, lister ; Asa Pike, appraiser ; Thomas Nicholson, and Abner Pike, fence-viewers ; John Boughton, and Joel Lee, constables. At the state election in the fall of the same year, the whole number of votes polled in Seneca township, which comprehended at that time about threefourths of the whole county, was twenty-six !

In 1830 the population of this township was 369. In 1840, it had augmented to 1,393. It has since steadily and rapidly increased in population and in wealth - numbering among its enterpising farmers, Hon. Henry St. John, Wm. McCormick, Alexander Bowland, John Galbreth, Peter Wickert, Joseph Conaghan, William Kerr, Caleb Brundage, Daniel Hoffman,

In addition to the other Indian grants made at the treaty held at the foot of the rapids of the Miami of Lake Erie, in 1817, there was likewise granted to Catharine Walker, a Wyandot woman, and to John B. Walkei', her son, who was wounded in the service of the United States, a section of 640 acres of land, lying mostly within the present limits of this township, and directly west of, and adjoining the tract in Eden township, granted to John Vanmeter, which is owned by Lloyd Norris.

On the 15th day of April, 1845, Henry F. Kastner, William Brinkerhoff, and John Campbell, caused to be surveyed on section nineteen, in this township, a town, to which was given the name o^BenoicJc. It was surveyed and platted by Thomas Homing. It contains nine dwellings, two stores, one tavern, one steam saw-mill, one wagon-shop, one shoe-shop, one tailorshop, and one blacksmith's-shop. Its population is seventy.

Berwick is situated on the Tiffin and Findla^/, and on the Bucyrus and Perrysburg state road. It is located also upon the Mad River and Lake Erie Rail-road, nine miles from Tiffin, tlie county seat of the county.

On the 7th day of December, 1824, the original surveyed township. No. 2, in the 14th range, was constituted a legal township, and received the name of Hopewell. The first election for township officers was held on Christmas-day of the same year, at the house of Joseph Pool.*

* There were chosen at this election the following officers: John Rosenberger, John Stoner,and Nathan Cadwallader, trustees ; James Gordon, clerk ; JohnStoner, first settlers of this township, were Robert Shippy, John Chancy, and Nathan Shippy. In 1830, its population was 549. - In 1840 it had augmented to 913. Since that time it has rapidly increased in population and wealth ; numbering among its enterprising farmers, A. G. Ingraham, Jacob S. Jennings, John Sleeper, David Cover, James Mathews, John A. Rosenberger, George Shaul, John Kimes, Henry Creager, Abraham Miller, Christian Mussetter, Andrew Wolf, William Rickets, William Kimes, John Mowser, John Baughman, A. R. Bachtel, John Anderson, Aaron Ruse, S. Watson, Solomon Ruse, Thomas Elder, John Briner, Philip King, Peter AVeaver, Hiram Hart, Peter Young, and others.

The land in this township is remarkably rich, producing all kinds of grain and grass in abundance. The surface is very level, and well watered.

On the 1st day of February, 1837, George W. Gist surveyed on section 17, in this township, a town, to which the proprietor, John Miller, gave the name of Bascom.

This town contains twelve dwellings, one store two taverns, one cabinet-shop, one wagon-shop, one tannery, one blacksmhh's-shop, and a district school-house. In 1840, its population was 6. Since that time it has increased to 60.

On the 6th day of August, 1836, James Durbin surveyed a town on section 16, in this township, to which the proprietor, Samuel Waggoner, gave the name of Hopewell. This town has never been improved.

On the 5th day of March, 1832, by order of the board of commissioners, the original surveyed township. No. 2, in range 13, was constituted a legal township, to be known by the name of Loudon, It was surveyed into sections and quarter sections, in 1820. The first election for township officers was held at

Loudon is very well watered, and possesses a rich and fertile soil. In 1840 its population was 763. Since that time it has increased steadily and rapidly in population and importance ; numbering among its enterprising farmers, Samuel Bear, Jacob Rumple, Benjamin Stevens, Martin Adams, Benjamin Hartley, Abner Wade, Philip Hennessy, Robert Rainy, Jacob Fruth, George Hemming, Peter Ebersole, Henry Sheller, David Youngs, Conrad Rumple, Jacob Kaiser, John Good, Peter T. King, John Rinebolt, Jacob Dillon, Thomas Dillon, Nathan Shippy, and many others.

On the 31st day of August, 1832, Roswell Crocker caused to be surveyed on section 6, in this township, a town^ to which was given the name of Rome.

It was surveyed and platted by David Risdon.' Rom-e is pleasantly situated, and is surrounded by a beautiful country. It contains fifty dwellings, two churches, three stores, two taverns, two steam saw-mills, two tanneries, two st«am grist-mills, one w-arehouse, two cabinet-shops, three shoe-shops, three tailors'- shops, two saddlers'-shops, and five blacksmiths'-shops. There are three physicians, residents of this town - Alonzo Lockwood, George Patterson, and Simon Bricker.

In 1840 the population was 80. At this time, it is about 300 and is rapidly increasing in population and wealth. Its appearance is pleasant, and there is probably no town in the county, away from the line of the Rail-road, which is more favorably situated for business, than Rome. It is located upon the Lower Sandusky and Fort Findlay state road ; upon the

* There were ten electors present at this election ; the vote for each officer was unanimous. The following was the successful ticket: Abner VVade, justice of the peace ; John Tennis, clerk ; Benjamin Stevens, Peter T. King, and John Rickets, trustees ; Samuel Carbaugh, constable ; Benjamin Hartley, supervisor; Abner W^ade and Nathan Shippy, overseers of the poor ; Benjamin Stevens, treasurer -, Nathan Shippy, John Ruse, and John Sheller, fence-viewers.

It is 22 miles from Lower Sandusky, the county-seat of Sandusky county; Uh miles from Findlay, county-seat of Hancock county ; 14 from Tiffin, the county-seat of this county ; 66 miles from Defiance, county-seat of Defiance county ; 36 miles from Bucyrus, county-seat of Crawford county ; 31 miles from Perrysburg, county-seat of Wood county; 25 miles from Upper Sandusky, county-seat of Wyandot county ; 12 miles from Van Buren, Hancock county; 10| miles from Springville, this county ; and 80 rods east of the Hancock county line.

On the 6th day of September, 1832, J. Gorsuch caused to be surveyed on section one, in township No. 2, in the 12th range, in Hancock county - and on section six, in Loudon township, this county, a town, to which the proprietor gave the name of Risdon, It was surveyed and platted by William L. Henderson, of Hancock county, and David Risdon, of this county. It was thus named, in compliment to the latter gentleman, who is at present, a i-esident of New Fort Ball Among the first settlers of Risdon, were Henry Welch, Jeremiah Mickey and John P. Gordon. It contains 30 dwellings, one church, one tavern, three stores, one carding-machine propelled by steam, one steam saw-mill, one foundry, one tannery, one cabinet-shop, one wagon-shop, two shoe-shops, two saddlers'-shops and three blacksmiths'-shops. In 1840, its population was 39. It is now 200. There are two physicians, residents of the place - Marcus Dana, and R. C. Caples. Risdon is a post-town - the present post-master, is William Thomas. The town is pleasantly situated on the bank of the east branch of the Portage river ; and is steadily increasing in population and wealth.

The land comprehended within the limits of this township, was surveyed into sections and quarter sections, by J. T. Worthington, in 1820. In 1840 its population was 1,084. Since that time it has steadily and rapidly increased in population and wealth - numbering among its enterprising farmers, Jonathan Abbott, George Pufienbarger, John Mickels, Jacob Null, Reuben Lott, John Fowl, Jacob Fleck, John Shaul, Lewis Fleck, John Baughman, Daniel Lynch, George Feasel, Thomas Huse, Henry Feasel, John Berky, Jacob Sise, Henry Craul, John Sigler, Martin Edwards, Joseph Fry, Barney Zimmerman, John Beck, Robert Fowl, Israel Smith, R. Littler, E. Brooks, Levi Creasy, Orrin Betz, Philip Myers, E. Rogers, Isaac Myers, George Dunbar, Jacob Myers, John Betz, Frederick Rosenberger, and many others.

In the north-eastern part of this township, is a tract of land about three miles in length, and three-fourths of a mile in width, remarkably stony. In some places, the lime-stone rock literally covers the ground. In others, it is not so thickly covered, and tolerable crops are raised. The lime-stone, by being exposed to the weather, becomes white, giving to the land a singular appearance. This tract is the more remarkable, as the county in general, is so very free from any thing of the kind.

The balance of the township, is quite level, possessing a rich soil, and producing an abundance of grass, and all kinds of grain. The west branch of Wolf creek passes in a northeasterly direction through this township, upon which several

John Rosenberger, Evan W. Brook, and Jacob Kime, trustees; John Craun, clerk; Eben Conway, and Nicholas Rumbangh, constables ; Adam Fleck, Isaac Heartsock, James Hudson, Levi Crissy, and Joseph H. Conway, supervisors.

Middlehurgj a town surveyed by David Risdon, on the 8th of September, 1832, is situated on section m'ne, in this township. It is located on the land of Jacob Kessler, and has never been improved.

On the 12th day of April, 1838, John Betz caused to be surveyed on section three^ in this township, a town, to which he gave the name of Betzville. It was surveyed and platted by David Risdon, surveyor.

Betzville is pleasantly situated on the south side of the west branch of Wolf creek, and contains seven dwellings, two churches, one cabinet-shop, and one shoe-shop. In 1840, its population was 23. Since that time it has increased to 40.

On the 4th day of December, 1832, the original surveyed township, No. 3, in range 13, was constituted a legal township, and named Jackson. The land comprised within its limits, was surveyed into sections and quarter sections, by J. Glasgow, in 1820. The first election for township officers, was held on the 3d of April, 1833, at the house of Abraham Rinebolt.*

In 1840, the population of this township was 586. Since that time it has rapidly increased. The land is generally very level, and the soil is rich and fertile. Among its enterprising farmers, are Jonas Hampshire, Michael Stahl, Enoch Trumbo, Abraham^JRitiebolt, C. Foster, George Stoner, John Lambright, Jacob" Stahl, Frederick Feble, Henry Swoap, John Lynch, Daniel Swoap, James Robertson, Conrad Myers, Gideon Jones, Jacob Kimmel, Henry Huffman, George Stahl,

* The officers chosen at this election, were as follows: Christian Foster, John Stombaugh and Michael Stahl, trustees ; Henry Huffman and Abraham Rinebolt, supervisors; Samuel Rinebolt, Andrew Ferrier and Daniel Swoap, overseers of the poor ; Enoch Trumbo, clerk ; Daniel Williams, treasurer ; Joseph Hampshire and Jacob Holinger, fence-viewers.

On the 7th day of December, 1844, Isaiah Hollopeter caused to be surveyed on section seventeen^ in this township, a town, to which he gave the name of Rehohoth, It was surveyed and platted by Thomas Heming.

Chapter Xiv

On the 6th day of March, 1833, the original surveyed township No. 1, in the 13th range, was constituted a legal township, and received the name of Big-spring. It was thus named from the circumstance of there being a large spring of water within its limits. The first election for township officers wa/held on the 4th day of ^^pril, of the same year.*

Hugh Mulholland, E. Bogart, John Peer, Hiram Bogart, Philip Peer, and Austin Knowlton, were among the first settlers of this township. Big-spring was surveyed into sections and quarter sections, by J. Glasgow, in 1820, except that part of the township which, was then owned by the Wyandot Indians, and which was surveyed by C. W. Christmas in 1832. The population of Big-spring, according to the census of 1840, amounted to 925. Since that time it has rapidly increased in population and in wealth, numbering among its enterprising farmers - Jacob Boucher, Peter Lantz, John Jinkins, Isaac DeWit, Frederick Waggoner, Ira Taft, William Blue, Israel Harmas, JohnHile, W. Burgess, Nathan L. Huling, George Kline, Austin Knowlton, Peter Wenner, M. Clark, John Wag-

* The officers chosen at this election, were as follows: William Brayton, clerk ; E. Bogart, and Richard Reynolds, trustees ; Hugh Mulholland, treasurer ; Cornelius Bogart, Andrew Springer, and Joshua Watson, fence-viewers ; Elijah Brayton and Charles^ Henderson, overseers of the poor -, Austin Knowlton, constable,

At the treaty held at the foot of the rapids of the Miami of Lake Erie, September 28th, 1817, the United States granted to the Wyandot Indians, then residing at Solomon's town, and on Blanchard's fork, sixteen thousand acres of land, which was laid off in a square form, the center being at Big-spring, (now the town of Springville,) on the trailed road from Upper Sandusky to Fort Findlay.

At a supplementary treaty, held September 17th, 1818,, with the Indians, a very wise provision was made to protect them from imposition, which had so often been practiced upon them by the avaricious whites. It- was stipulated, that all lands granted them by the United States, could not be disposed of except by the consent of the president.

Part of the land in Big-spring township consists of prairie ; and in tlie southern section is a ridge, which is quite stony. The land is heavy timbered and well watered.

On the 20th of September, 182.5, Elijah Brayton,, then a resident of Crawford (now Wj-andot) county, who resides near Springville, in this township, lost a child, a lad about eight years of age, who has never since- been heard of* It appeal's that the boy had followed an elder brother and a neighboring friend, who were seeking for some cattle thai had. strayed away, when the little fellov/ was directed to a house near by, while the others proceeded onward. He followed the path which had been pointed out to him, but a short distance, when, it is supposed he became bewildered, and immediately took to the woods* On the return of the others to the house where they expected to find him, they learned to their surprise, that he had not been seen. Alarm was immediately given. The inhabitants for many miles around turned out, and the whole country for a considerable distance, in every direction was thoroughly searched. The Indians were particularly assiduous in their generous endeavors to find the child, but all to no avail.

A large reward was afTered to the one who should find him, or any of his remains ; but after many days, as no traces o-f the little fellow had ever been discovered, the search was finally abandoned. Some imagined he had been torn to pieces by wolves ; some, that he had been stolen by the Indians ; while others were of the opinion,^ that he had died of want in some secluded spot. What became of the unfortunate child, will, ill all probability, remain forever unknown I

During this search, Neal McGafFey and other citizens of Fort Ball, who had likewise left their homes upon this occasion, encamped for the night upon the site of the present town of Romej in Loudon township, which was then a dense- wilderness. Being highly pleased with the spot of ground, and the appearance of the woods around, they jocosely called it ''Fort McGaffey."

In the month of May, 1834, David Risdon sui^veyed, on section twenty-nine, in Big-spring township, a town, to which the proprietors, Benjamin and John Jenkins, gave the name of Springtille. It was thus named, as there is a large spring of water immediately west of the town. Unlike those in Adams township, the water from this spring, has no traces of sulphur, but isclear,^ cold, and impregnated with lime. The site of this town, which was formerly an Indian village, is very beautiful. It contains twelve dwellings, two taverns, one wagon-shop,, two-blacksmiths'-shops^ and two tailors'-shops.. In

1840, Spring ville contained thirty- five inhabitants. It has since about doubled. There are two practicing physicians, residents of this town - D. Peters, and George H. Scoles.

Oregon^ a town surveyed, February 17th, 1844, on sections thirty-five and thirty-six, in Big-spring township, by R. M. Shoemaker, is situated on the Mad River and Lake Erie Railroad, ten and a half miles from the county seat of the county. Its proprietors wereErastus H. Cook and D. C. Henderson. Among the first settlers upon the site of this to,wri^-^*ere Eli Gehr, Adam Fetter, John Gantz, and Charles Foster.

Oregon contains twenty-three dwellings, one large forwarding house, one tavern, three stores, one saw-mill, propelled by steam, one cabinet-shop, one tailor-shop, one blacksmith 's-shop, two wagon-shops, and two shoe-shops. The post-office at this place is called " Foster's Mill." The first post-master was William White. The office is now held by John Carr, There is a practicing physician, a resident of this place - Samuel B. Owens.

The population of this town is over one hundred, and is rapidly increasing. It is three and a half miles from McCutchenville, and five miles from Carey, in Wyandot county.

It has now been nearly thirteen years, since Big-spring was constituted a legal township, which was the last one organized of the fifteen townships of the county. In 1830 the whole number of inhabitants in the several townships, amounted to 5,148. According to the census of 1840, the population had augmented to 18,128. At the present time it is probably about 22,000.

Seneca, compared with the counties that surround it, is second to none in the fertility of its soil, number of streams, activity, intelligence and morality of its inhabitants, and in the increase of its population.

titles of which are raised annually, and transported by means of the rail-road, out of the country. The average yield throughout the county, of this grain, may be estimated at about twenty bushels to the acre.

Indian corn is grown in abundance, especially along the margin of the numerous streams, where the soil, consisting of a rich loam, is calculated in a high degree, for its growth. All of the other coarser grains, together with potatoes and other vegetables, are produced in large quantities. Apples, peaches, pears, and other fruit, thrive remarkably in all parts of the county.

On the 15th of May, 1834, a severe frost destroyed all the fruit, and proved fatal also to the potatoe crop. Wheat was considerably injured, and flour at onetime, in Tiffin, was held at fourteen dollars per barrel.

In most parts of the county, the soil is well adapted to the raising of grass, which, however, is sometimes injured by dry weather. In 1838, a year remarkable for the " great drouth," which prevailed in nearly the whole of northern Ohio, the clover crop was a total failure, and corn was likewise much injured. The channels of most of the smaller streams became dry, and many wells failed for the first time.

The farmer, however, relies with a great degree of certainty upon good crops when his grain is well sown, being almost certain to reap an abundant harvest, as the reward for his toils.

Seneca county produces some excellent horses, and many of the farmers have large stocks of cattle. Sheep, also, have been brought from the east, which produce the finest quality of wool. William Fleet and other enterprising farmers of Eden township, have been actively engaged in this undertaking; and we can but commend so laudable an enterprise as is the introduction of a superior breed of these valuable domestic animals into the county.

Besides those streams which have been described, there are numerous others in the county, some of which are deserving of notice. There are several east of the Sandusky, that fall into this river, below the mouth of Honey creek. The most considerable of these, are Rocky creek - taking its name from the rocky appearance of the bed of its stream - which falls into the river at Tiffin - Tyher creeAr, which empties into the Sandusky on section seventeen, in Clinton township - Spicefs creek - taking its name from the captive white, before spoken of, which falls into the river near the north-west corner of the "Spicer section," in Pleasant township - and Sugar creek ^ which empties into the Sandusky on section twenty-two, in the same township.

" At the time of the organization of the county, money was ver}!^ scarce, as produce would neither sell for it, nor purchase goods. Whiskey was about the only commodity in market. Since then the county has progressed rapidly in every kind of improvement. Indeed, at present, the general sobriety of its inhabitants is truly remarkable, especially when compared with the state of society, in this particular, a few years since. To estimate the condition of morality and Christianity among its inhabitants, we have only to look at the multiplicity of churches, which are now to be found in every township.

What then may not be anticipated from a county that has its whole surface covered with the richest soil 1 That has a climate, temperate and healthy, and streams rapid and numerous? With so much intelligence, activity, and zeal among its farmers, mechanics, and merchants, with a few 3''ears that have passed as a precedent, we may safely conclude that it will still continue to increase in population and wealth, ever ranking among the Jirst, with the counties that surround it, in all that appertains to greatness and importance. Such is the condition - and such are the prospects of Seneca county.

Appendix Constitution Of Ohio

Done in convention, begun and held at Chillicothe, on Monday, the 1st of November, A. D. 1802, and of the independence of the United States the 27th.

We, the people of the eastern division of the territory of the United States north-west of the river Ohio, having the right of admission into the general government, as a member of the Union, consistent with the constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty- .seven, and 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 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 welfare, 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.

Article

§ 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people.

2. Within one year after the first meeting of the general assembly, and within every subsequent term of four years, an enumeration of all the white male inhabitants above twentj^- one years of age shall be made, in such manner as shall be directed by law. The number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties, according to the number of white male inhabitants of above twenty-one years 6f age in each ; and shall never be less than twenty rfour nor greater than thirty-six, until the number of white male in> habitants of above twenty-one years of age shall be twenty-two thousand ; and after that event, at such ratio that the whole number of representatives shall never be less than thirty-six, nor exceed seventy-two.

4. No person shall be a representative who shall not have attained the age of twenty-five years, and be a citizen of the United States, and an inhabitant of this state ; shall also have resided within the limits of the county in which he shall be chosen, one year next preceding his election, unless he shall have been absent on the public business of the United States, or of this state, and shall have paid a state or county tax.

5. The senators shall be chosen biennially, by qualified voters for representatives ; and, on their being convened in consequence of the first election, they shall be divided by lot from their respective counties or districts, as near as can be, into two classes ; the seats of the senatoi*s of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year ; so that one- half thereof, . as near as possible, may be chosen annually forever thereafter.

6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the several counties or districts to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one-third, nor more than one-half of the number of representatives.

7. No person shall be a senator who has not arrived at the age of thirty years, and is a citizen of the United States ; shall have resided two years in the county or district immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this state, and shall, moreover, have paid a state or county tax.

8. The senate and house of representatives, when assembled, shall each choose a speaker, and its other officers ; be judges of the qualifications and elections of its members, and sit upon its own adjournments ; two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members.

9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals.

10. Any two members of either house shall have liberty to dissent from and protest against any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals.

Constitution Op

currence of two-thirds, expel a member, but not a second time for the same cause ; and shall have all powers necessary for a branch of the legislature of a free and independent state.

12. When vacancies shall happen in either house, the governor, or the person exercising the power of the governor, shall issue writs of election to fill such vacancies.

13. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same ; and for any speech or debate, in either house, they shall not be questioned in any other place.

14. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence ; provided such imprisonment shall not, at any one time, exceed twenty-four hours.

15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting.

17. Every bill shall be read on three different days, in each house, -unless, in case of urgency, three fourths of the house where such bill is so depending, shall deem it expedient to dispense with this rule ; and every bill having passed both houses, shall be signed by the speakers of their respective houses.

The State Op Ohio

until the year one thousand eight hundred and eight, to wit : the governor not more than one thousand dollars ; the judges of the supreme court not more than one thousand dollars each ; the presidents of the courts of common pleas not more than eight hundred dollars each ; the secretary of state not more than five hundred dollars ; the auditor of public accounts not more than seven hundred and fifty dollars ; the treasurer not more than four hundred and fifty dollars ; no member of the legislature shall receive more than two dollars per day during his attendance on the legislature, nor more for every twenty-five miles he shall travel in going to and returning fi'om the general assembly.

20. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this state which shall have been created, or the emoluments of which shall have been increased, during such time.

22. An accurate statement of the receipts and expenditures of the public moneys, shall be attached to and published with the laws, annually.

23. The house of representatives shall have the sole power of impeaching, but a majority of all the members must concur in an impeachment. All impeachments shall be tried by the senate ; and when sitting for that purpose, the senators shall be on oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of twothirds of all the senators.

24. The governor and all other civil officers under this state, shall be liable to impeachment for any misdemeanor in office ; but judgment, in such 'case, shall not extend furthe than removal from office, and disqualification to hold any office of honor, profit, or trust, under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.

25. The first session of the general assembly shall commence on the first Tuesday of March next ; and forever after, the general assembly shall meet on the first Monday in December in every year, and at no other period unless directed by law or provided for by this constitution.

26. No judge of any court of law or equity, secretary of state, attorney-general, register, clerk of any court of record, sherif, or collector, member of either house of Congress, or person holding any office under the authority of the United States or any lucrative office under the authority of this state, (provided that appointments in the militia, or justices of the peace, shall not be considei^d lucrative offices,) shall be eligible as a candidate for, or have a seat in, the general assembly,

27. No person shall be appointed to any office, within any county, who shall not have been a citizen and inhabitant therein, one year next before his appointment, if the county shall have been so long erected ; but if the county shall not have been so long erected, then within the limits of the county or counties, out of which it shall have been taken.

28. No person who heretofore hath been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either house of the general assembly, until such person shall have accounted for and paid into the treasury, all sums for which he may be accountable or liable.

Article Ii

2. The governor shall be chosen by the electors of the members of the general assembly, on the second Tuesday of October, at the same places, and in the same manner that they shall respectively vote for members thereof. The returns of every election for governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the speaker of the senate, who shall open and publish them in the presence of a majority of the members of each house of the general assembly ; the person having the highest number of votes shall be governor ; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

3. The first governor shall hold his office until the first Monday of December, one thousand eight hundred and five, and until another governor shall be elected and qualified to office ; and forever after, the governor shall hold his office for the term of two years, and until another governor shall be elected and qualified ; but he shall not be eligible more than six years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States twelve years, and an inhabitant of this state four years next preceding his election.

4. He shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient.

6. The governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected.

8. When an officer, the right of whose appointment is, by this constitution, vested in the general assembly, shall during the recess die, or his office by any means become vacant, the governor shall have powei* to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the legislature.

9. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to them, when assembled, the purposes for which they shall have been convened.

10. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States.

11. In cases of disagreement between the two houses, with respect to the time of adjournment, the governor shall have the power to adjourn the general assembly to such time as he thinks proper, provided it be not a period beyond the annual meeting of the legislature.

12. In case of the death, impeachment, resignation, or removal of the governor from office, the speaker of the senate shall exercise the office of governor until he be acquitted^ or another governor shall be duly qualified. In case of the impeachment of the speaker of the senate, or his death, removal from office, resignation, or absence from the state, the speaker of the house of representatives shall succeed to the office, and exercise the duties thereof, until a governor shall be elected and qualified.

15. All grants and commissions shall be in the name and by the authority of the state of Ohio, sealed with the seal, signed by the governor, and countersigned by the secretary.

16. A secretary of state shall be appointed by a joint ballot of the senate and house of representatives, who shall continue in office three years, if he shall so long behave himself well. He shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either branch of the legislature ; and shall perform such other duties as shall be assigned him by law.

Article Iii

"5> 1. The judicial power of this state, both as to matters of law and equity, shall be vest.ed in a supreme court, in courts of common plesa for each county, in justices of the peace, and in such other courts as the legislature may from time to time of whom shall be a quorm. They shall have original and appellate jurisdiction, both in common law and chancery, in such cases as shall be directed by law : provided that nothing herein contained shall prevent the general assembly from adding another judge to the supreme court after the term of five years, in which case the judges may divide the state into two circuits, within which any two of the judges may hold a court.

3. The several courts of common pleas shall consist of a president and associate judges. The state shall be divided by law into three circuits : there shall be appointed in each circuit, a president of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county not more than three, nor less than two associate judges, who during their continuance in office shall reside therein. The president and associate judges, in their respective counties, any three of whom shall be a quorum, shall compose the court of common pleas, which court shall have common law and chancery jurisdiction in all such cases as shall be directed by law ; provided that nothing herein contained shall be construed to prevent the legislature from increasing the number of circuits and presidents after the term of five years.

4. The judges of the supreme court, and courts of common pleas shall have complete criminal jurisdiction in such cases and in such manner as may be pointed out by law.

5. The court of common pleas of each county shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be prescribed by law.

6. The judges of the court of common pleas shall, within their respective counties, have the same powers with the judges of the supreme court, to issue writs of certiorari to the justices of the peace, to cause their proceedings to be brought before them, and the like right and justice to be done.

7. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state. The presidents of the courts of common pleas, shall, by virtue of their offices, be conservators of the peace in their respective circuits ; and the judges of the court of common pleas shall, by virtue of their offices, be conservators of the peace in their respective counties.

8. The judges of the supreme court, the presidents, and the associate judges of the courts of common pleas, shall be appointed by a joint ballot of both houses of the general assembly, and shall hold their offices for the term of seven years, if

SO long they behave well. The judges of the supreme court, and the presidents of the courts of common pleas, shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office ; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this state or the United States.

9. Each court shall appoint its own clerk, for the term of seven years ; but no person shall be appointed clerk, except pro tempore, who shall not produce to the court appointing him a certificate from a majority of the judges of the supreme court, that they judge him to be well qualified to execute the duties of the office of clerk to any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behavior, at any time, by the judges of the respective courts.

10. The supreme court shall be held once a year in each county ; and the courts of common pleas shall be holden iR each county at such times and places as shall be prescribed by law.

11. A competent number of justices of the peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years ; whose powers and duties shall from time to be regulated and defined by law.

12. The stj^e of all process shall be : " The state of Ohio ;" all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments snail conclude "against the peace and dignity of the same."

Article Iv

next preceding /he election, and who have paid, or are charged with, a state or county tax, shall enjoy the right of an elector ; but no person shall be entitled to vote, except in the county or district in which he shall actually reside at the time ol" the election.

3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.

4. The legislature shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or any other infamous crime.

5. Nothing contained in this article shall be so construed as to prevent white male persons, above the age of twenty-One veal's, who are compelled to labor on the roads of their respective townships or- counties, and v/ho have resided one year in the state, from having the right of an elector.

§ 1. Captains and subalterns in the militia shall be elected by those persons in their respective company districts subject to military duty.

The State Of Ohio

cers. The brigadiers-general shall appoint their brigade-majors, and other brigade staff officers. The commanding officers of regiments shall appoint their adjutants, quarter-masters, and other regimental staff officers ; and the captains and subalterns shall appoint their non-commissioned officers and musicians. 7. The captains and subalterns of the artillery and cavalry shall be elected by the persons enrolled in their respective corps, and the majors and colonels shall be appointed in such manner as shall be directed by law. The colonels shall appoint their regimental staff, and the captains and subalterns their non-commissioned officers and musicians.

Article Vi

§ 1. There shall be elected in each county, one sberif and one coroner by the citizens thereof, who are qualified to vote for members of the assembly ; they shall be elected at the time and place of holding elections for members of assembly ; they shall continue in office two years, if they shall so long behave well, and until successors be chosen and duly qualified; provided, that no person shall be eligible as sberif for a longer term than four years in any term of six years.

3. All town and township officers shall be chosen annually, by the inhabitants thereof duly qualified to vote for mem^ bers of assembly, at such time and place as may be directed by law.

4. The appointment of all civil officers, not otherwise directed by this constitution, shall be made in such manner as may be directed by law.

Article Vii

2. Any elector who shall receive any gift or reward for Ills vote, in meat, drink, money, or otherwise, shall suffer such punishment as the law shall direct ; and any person who r hall directly or indirectly give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable for (WO years to serve in the office to which he was elected, and i )e subject to such other punishment as shall be directed by law.

3. No new county shall be established by the general assembly, which shall reduce the county or counties, or either of ihem, from which it shall be taken, to less contents than four hundred square miles, nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation shall be considered as a part of the county or counties from which it was taken, until entitled by numbers to the right of representation.

4. Chillicothe shall be the seat of government until the year one thousand eight hundred and eight. No money shall be raised until the year one thousand eight hundred and nine, by the legislature of this state, for the purpose of erecting public

5. That after the year one thousand eight hundred and six, whenever two-thirds of the general assembly shall think it necessary to amend or change this constitution, they shall recommend to the electors, at the next election for members to the general assembly, to vote for or against a convention ; and if it shall appear that a majority of the citizens of the state.

voting for representatives, have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as many members as there be in the general assembly, to be chosen in the same manner, at the same place, and by the same electors that choose the general assembly, who shall meet within three months after the said election, for the purpose of revising, amending, or changing the constitution. But no alteration of this constitution shall ever take place so as to introduce slavery, or involuntary servitude into this state.

6. That the limits and boundaries of this state be ascertained, it is declared, that they are as hereafter mentioned - that is to say, bounded on the east by the Pennsylvania line ; on the south by the Ohio river, to the mouth of the Great Miami river ; on the west by the line drawn due north from the mouth of the Great Miami aforesaid ; and on the north by an east and west line, drawn through the southerly extreme of Lake Michigan, running east after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect Lake Erie or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line aforesaid: Provided, always, and it is hereby fully understood and declared by this convention, that if the southerly bend, or extreme of Lake Michigan should extend so far south, that a line drawn due east from it, should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami river of the lake, then, and in that case, with the assent of the Congress of the United States, the northern boundary of this state shall be established by, and extended to a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of tlie Great Miami river as aforesaid, thence north-east to the ter- 18'

Article Viii

That the general, great, and essential principles of liberty and free government may be recognized, and forever unalterably established, we declare,

§ 1. That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, among which are the enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety ; and every free, republican government, being founded on their sole authority, and organized for the great purpose of protecting their rights and liberties, and securing their independence - to effect these ends they have at all times a complete power to alter, reform, or abolish their government whenever they may deem it necessary.

2. There shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted ; nor shall any male person, arrived at the age of twenty-one years, or female person, arrived at the age of eighteen years, be held to serve any person as a servant under the pretense of indenture, or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received or to be received for their service, except as before excepted. Nor shall any indenture of any negro or mulatto hereafter made and executed, out of the state, or if made in the state, where the term of service exceeds one year, be of the least validity, except those given in the case of apprenticeships.

ship Almighty God according to the dictates of conscience ; that no human authority can in any case whatever, control or interfere with the rights of conscience ; that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent ; and that no preference shall ever be given by law to any religious society or mode of worship : and no religious test shall be required as a qualification to any office of trust or profit. But religion, morality, and knowledge, being essenlially necessary to good government, and the happiness of mankind, schools, and the means of instruction, shall forever be encouraged by legislative provision, not inconsistent with the rights of conscience.

4. Private property ought, and shall ever be held inviolate, but always subservient to tlie public welfare, provided a compensation in money be made to the owner.

5. That the people shall be secure in their persons, houses, papers, and possessions, from unwarrantable searches and seizures ; and that general warrants, whereby an officer may be commanded to search suspected places, without probable evidence of the fact committed, or to seize any person or persons, not named, whose offenses are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted.

6. That the printing presses shall be open and free to every citizen vvho wishes to examine the proceedings of any branch of government, or the conduct of any public officer ; and no law shall ever restrain the right thereof Every citizen has an indisputable right to speak, write, or print, upon any subject, as he thinks proper, being liable for the abuse of that liberty. In prosecutions for any publication respecting the official conduct of men in a public capacity, or where the matter published is proper for public information, the truth thereof may al- ways be given in evidence ; and in all indictments for libels, the jury shall have a right to determine the law and the facts under the direction of the court, as in other cases.

7. That all courts shall be open, and every person, for any injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law ; and right and justice administered without denial or delay.

10. That no person arrested or confined in jail shall be treated with unnecessary rigor, or be put to answer any criminal charge, but by presentment, indictment, or impeachment.

11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face ; to have compulsory process for obtaining witnesses in his favor ; and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the offense shall have been committed, and shall not be compelled to give evidence against himself - nor shall he be twice put in jeopardy for the same offense.

12. That all persons shall be bailable by sufficient sureties unless for capital offenses, where the proof is evident, or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.

to the crime of theft, forgery, and the like, which they do to those of murder and treason. When the same undistinguished severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the slightest offenses. For the same reasons, a multitude of sanguinary laws are both impolitic and unjust j the true design of all punishments being to reform, not to exterminate mankind.

15. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

16. No ex post facto law, nor any law impairing the validity of contracts, shall ever be made ; and no conviction shall work corruption of blood, or forfeiture of estate.

18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty.

19. That the people have a right to assemble together, in a peaceable manner, to consult for their common good, to instruct their representatives, and to apply to the legislature fo? Fedress of greivances.

20. That the people have a right to bear arms for the defense of themselves and the state ; and as standing armies in fime of peace are dangerous to liberty, they shall not be kept up, and that the military shall be kept under strict subordination to the civil power.

22. That no soldier in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in the manner prescribed by law.

23. That the levying taxes by the poll is grievous and oppressive ; therefore, the legislature shall never levy a poll tax for county or state purposes.

25. That no law shall be passed to prevent the poor in the several counties and townships within this state, from an equal participation in the schools, academies, colleges and universities within this state, which are endowed, in whole or in part, from the revenue arising from donations made by the United States for the support of schools and colleges ; and the doors of the said schools, academies, and universities, shall be open for the reception of scholars, students, and teachers of every grade, without any distinction or preference whatever, contrary to the intent for which the said donations were made.

26. That laws shall be passed by the legislature which shall secure to each and every denomination of religious societies, in each surveyed township, which now is, or may hereafter be. formed in the state, an equal participation, according to their number of adherents, of the profits arising from the land granted by Congress for the support of religion, agreeably to the ordinance or act of Congress, making the appropriation.

27. That every association of persons, when regularly formtxi within this state, and having given themselves a name, may, on application to the legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and per- <»nal, for the support of their schools, academies, colleges, universities, and for other purposes.

29. To guard against the transgression of the high powers which we have delegated, we declare that all powers not herebjr delegated, remain with the people.

Schedule

^ 1. That no evils or inconveniences may arise from the change of a territorial government to a permanent state government ; it is declared by this convention that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government.

2. All fines, penalties, and forfeitures, due and owing to the territory of the United States, north-west of the river Ohio, shall inure to the use of the state. All bonds executed to the governor or any other officer in his official capacity in the territory, shall pass over to the governor, or the other officers of the state, and their successors in office, for the use of the state, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.

3. The governor, secretary, and judges, and all other officers under the territorial government shall continue in the exercise of the duties of their respective departments, until the said officers are superseded under the authority of this constitution.

4. All laws and parts of laws now in force in this territory, not inconsistent with this constitution, shall continue and remain in full effect until repealed by the legislature, except so much of the act entitled "An act regulating the admission and practice of attorneys and counsellors at law ; and of the act made amendatory thereto, as relates to the term of time which the applicant shall have studied law, his residence within the territory, and the term of time which he shall have practiced as

6. The president of the convention shall issue writs of election to the sherifs of the several counties, requiring them to proceed to the election of governor, members of the general assembly, sherifs, and coroners, at their respective election districts in each county, on the second Tuesday of January next, which elections shall be conducted in the manner prescribed by the existing election laws of this territory ; and the members of the general assembly then elected, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this constitution, and no lon2:er.

7. Until the first enumeration shall be made, as directed in the second section of the first article of this constitution, the county of Hamilton shall be entitled to four senatoi-s and eight representatives ; the county of Clermont one senator and two representatives ; the county of Adams, one senator and three representatives; the county of Ross two senators and four representatives ; the county of Fairfield one senator and two representatives ; the county of Washington two senators and three repi-esentatives ; the county of Belmont one senator and two representatives ; the county of Jefterson two senators and four representatives ; and the county of Trumbull one senator and two representatives.

Done in convention, atChillicothe, the 29th day of November, in the year of our Lord one thousand eight hundred and two, and of the independence of the United States of America the twentv-sevent'h.

The United States

We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States op Ameeica.

Article 1

^ 1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a senate and house of representatives.

2. The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elec* ted, be an inhabitant of that state in which he shall be choseE.

Representatives and direct taxes shall be apportioned among the several states, which may be included within this Union, according to their respective numbers ; which shall be determined by adding to the whole number ot' free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.

The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but^ each state shall have at least one representative : and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three ; Massachusetts eight ; Rhode Island and Providence Plantations one ; Connecticut five ; New York six ; New Jersey four ; Pennsylvania eight ; Delaware one ; Maryland six ; Virginia ten ; North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

<^ 3. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years ; and each senator shall have one vote.

Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be,. into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year ; of the second class at the expiration of the fourth year ; and of the third class at the expiration of the sixth year ; so that one third may be chosen every second year ; and if vacancies hap- pen, by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments, until the next meeting of the legislature, which shall then fill such vacancies.

No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United States.

The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside ; and no person shall be convicted without the concurrence of two-thirds of the members presents

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States ; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law.

5. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.

Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment require secrecy ; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. . Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor t© any other place than that in which the two houses shall be sitting.

6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to or returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place.

No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time, and no person holding any office under the United

The United States

7. All bills for raising revenue shall originate in the house of representatives ; but the senate may propose, or concur with amendments, as on other bills.

Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States ; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days, (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment, prevent its return, in which case it shall not be a law.

Every order, resolution, or vote, to which the concurrence of the senate and house of representatives may be necessary, (except on a question of adjournment,) shall be presented to the president of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be re-passed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.

To lay and collect taxes, duties, imposts, and excises ; to payihe debts and provide for the common defense and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States:

To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries :

To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed, in the service of the United States, reserving to the

States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

To exercise exclusive legislation in all cases whatsoever, over such district, (not exceeding ten miles square,) as may by cession of particular states, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings - and

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.

9. The migration or importation of such persons as any of the states now existing, shall think proper to admit, shall not be prohibited by the Congress, prior to the year one thousand eight hundred and eight ; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

No tax or duty shall.be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from one state, be obliged to enter, clear, or pay duties in another.

sequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

10. No state shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports except what may be absolutely necessary for executing its inspection laws ; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

^^ 1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years ; and together with the vice president, chosen for the same term, be elected as follows : thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress : but no senator or representatative, or person holding an office of trust or profit under the United States shall be appointed an elector.

[ The electors shall meet in their respective states, and vote by ballot for two persons of whom one at least shall not be an inhabitant of the same state with themselves: and they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the senate. The pi-esident of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot, one of them for president ; and if no person nave a majority, then from the five highest on the list, the said house shall, in like manner, choose the president : but in choosing the president, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice president. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice president.]

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. '

No person except a natural born citizen or a citizen of the United States at the time of the adoption of this constiution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

Incase of the removal of the president from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the vice president, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected.

The president shall, at stated times^ receive for his services a compensation, v/hich shall neither be increased nor diminished during the period for which he shall have been elected ; and he shall not receive, within that period, any other emolument from the United States, or any pf them.

"I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the United States."

2. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States : he may require the opinion in writing, of the princi- pal officer in each of the executive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers as they think proper, in the president alone, or in the courts of law or the heads of departments.

The president shall have power to fill up all vacancies that may happen during the recess of the senate by granting commissions, which shall expire at the end of their next session.

3. He shall from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient: he may, on extraordinary occasions, convene both houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper : he shall receive ambassadors and other public officers : he shall take care that the laws be faithfully executed, and shall commission all the officers of 'the United States.

4. The president, vice president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.

^ 1. The judicial power of the United States shall be vested in one supreme com't^ and in such inferior courts as the Congress may, from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

2. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more states ; between a state and citizens of another state ; between citizens of the same state, claiming lands under grants of different states ; and between a state or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

ing them aid and comfort. No person slmll be convicted of treason, unless on the testimony of two witne-sses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

§ 1. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts records, and proceedings, shall be proved, and the effect thereof.

A person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

No person held to service or labor in one state under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such service or labor may be due.

3. New states may be admitted by the Congress into this Union ; but no state shall be formed or erected within the jurisdiction of any other state ; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the Congress.

needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

4. The United States shall guarantee to every state in this Union, a republican form of government, and shall protect each of them against invasion ; and on appplication of the legislature or of the executive, (when the legislature cannot be convened,) against domestic violence.

The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution ; or on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as a part of this constitution, v/hen ratified by the legislatures of three-fourths of the several states, or by conventions in threefourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided, that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no state without its consent, shall be deprived of its equal suffrage in the senate.

All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation.

which shall be made under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby, anything in the constitution or ^aws of any state to the contrary notwithstanding.