USA > Ohio > A history of Ohio, with biographical sketches of her governors and the ordinance of 1787 > Part 4
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During the ten years preceding this change, the affairs of the territory had been well managed, and, excepting the Indian troubles, the settlers were pro- gressing satisfactorily. The seeds of religion and literature were planted. The first church in Ohio was erected in 1790, at Columbia, and on the 9th day of November, 1793, the first newspaper was printed by William Maxwell at Cincinnati, under the name of The Sentinel of the North-west Territory. The various settlements were yearly increasing ; in 1795, Cincinnati had nearly five hundred inhabitants. It possessed a church, a school-house and a court-house. The pillory, stocks and whipping posts decorated its public square.
The criminal legislation of St. Clair and the Judges was very severe in its penalties. But the primitive condition of the people and the absolute necessity of totally suppressing crime, made it imperative that no mercy should be shown to lawbreakers. The whip- ping post was made a standing institution at every county seat, and was inaugurated as early as 1788. In 1792, the Judges passed a law directing the build- ing of a county jail, court house, pillory, whipping
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A History of Ohio,
post and stocks in every county. Power was granted to the courts to sentence certain offenders to jail for as long as forty years. The law of August 15, 1795, provided for servitude for debt not exceeding seven years, upon demand of the creditor. This in- human provision, adapted from the laws of Pennsyl- vania, was clearly against the ordinance of 1787.
The administration of Governor St. Clair during the first grade of the territorial government reflected credit and distinction to himself and the Territory. He gave the greatest attention to his duties which were constant and laborious. During this period he had established within Ohio, the counties of Waslı- ington, Hamilton, Wayne, Adams, Jefferson and Ross. Courts were erected in each, and to all he gave a supervisory attention. He traveled over nearly the whole of the vast territory of the North- west. He was respected by his Judges, and his opinions on law and legislation carried the utmost weight in their councils, while at the same time he was not overbearing or arbitrary. The events following the transition of power from the Governor and the Judges to the people, demonstrated more than ever the administrative ability of St. Clair. Hitherto he had been almost an autocrat, now he was to become the head of a popular government.
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From 1799 to 1803.
CHAPTER IV.
1799-1803.
THE FIRST TERRITORIAL LEGISLATURE - MOVE- MENT FOR STATEHOOD -- DIVISION OF THE TERRITORY -CONDITION OF THE PEOPLE IN 1800- THE REMOVAL OF GOVERNOR ST. CLAIR - THE CONSTITUTIONAL CONVENTION -- AD- MISSION TO THE UNION.
The Representatives elected under Governor St. Clair's proclamation met at Cincinnati, February 4, 1799. Under the Ordinance of 1787 it was made their duty to nominate ten residents of the territory possessed of a freehold in 500 acres of land, out of which five would be selected by the President to act as the Legislative Council, or Upper House of the Territorial Legislature. Their term of office was to be five years. President Adams designated for the Council, Robert Oliver, of Washington county; Jacob Burnet and James Findlay, of Hamilton county ; Henry Vanderburgh, of Knox county, and David Vance, of Jefferson county. No business, other than the selection referred to, was transacted by the repre- sentatives in the session of February 4, and they adjourned to September 16. Owing to lack of a quorum at the appointed time, adjournment was had from day to day until the 23d, when the first General Assembly of the Northwest Territory organized by electing Edward Tiffin, of Ross, Speaker of the House, and Henry Vanderburgh President of the Council. Governor St. Clair addressed both Houses, assembled in the Representatives' Chamber, September 25.
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A History of Ohio,
In this body there were men of great force of character and ability. Paul Fearing and Return Jonathan Meigs represented Washington county. From Hamilton came Jacob Burnet, William Goforth, John Ludlow, and others not so well known. Thos. Worthington and Edward Tiffin were among the Representatives from Ross county. Nathaniel Mas- sie came from Adams. There were twenty-two Representatives; one each from the counties of St. Clair, Knox, Randolph, and Jefferson, two from Washington, seven from Hamilton, four from Ross, two from Adams, and three from Wayne. The legis- lation of this session was such as the necessity of the time required. Governor St. Clair exercised his veto power, which he possessed under the Ordinance, upon eleven bills. Among the important incidents of this session was a significant declaration concern- ing slavery. A petition from settlers from Virginia was presented, asking leave to bring their slaves into the territory on the Virginia Military Lands. It was unanimously refused, as being contrary to the sixth article of the Ordinance of 1787. Judge Burnet, who was a member of the Council, has left the recorded opinion that even without the barrier of the organic law it would have been impossible for the Virginians to have secured the privilege prayed for. According to him, it was the general view, that "it would ultimately retard the settlement, and check the prosperity of the territory, by making labor less reputable, and creating feelings and habits unfriendly to the simplicity and industry they de- sired to encourage and perpetuate."
This General Assembly elected William Henry
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From 1799 to 1803.
Harrison a Delegate to Congress from the Territory of the Northwest-its first representative in the Federal Congress. Mr. Harrison had been appointed the year before Secretary of the Territory in place of Winthrop Sargent, who had been commissioned as Governor of the Territory of Mississippi, just then formed. Arthur St. Clair, Jr., son of the Governor, and United States District Attorney, was the candi- date against Mr. Harrison, and was defeated by one vote.
On the 19th of December, 1799, Governor St. Clair, exercising the power vested in him by the Ordinance, prorogued the Territorial Legislature, and fixed the first Monday in November, 1800, as the date of its next session. In his speech on this occa- sion he gave his reasons for vetoing certain bills presented to him.
Opposition to St. Clair was developing about this time, that eventually resulted in his deposition. Some objected to his seemingly arbitrary exercise of the veto power, and others opposed him by reason of his politics. He was a staunch Federalist of the school of Washington and Hamilton. He was an advocate of strong government, and asserted posi- tively, yet not offensively, his authority under the law. He claimed, and exercised, the power of locat- ing county seats and erecting new counties. This the Legislature denied that he possessed, and at- tempted to enact laws on these subjects, but they were promptly vetoed. The principles of Jefferson were in a great degree the politics of the early set- tlers, and party spirit soon entered into the councils of the territory. The restlessness under St. Clair's
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A History of Ohio,
rule hastened the birth and development of an anxiety for admission into the Union as a State. The election of Mr. Harrison was a victory for that idea, and when he assumed his congressional duties, he proceeded to operate in the interest of the State- party for a division of the territory of the Northwest. He was made chairman of a committee on division of the territory, and on the 7th day of May 1800, an act was passed dividing the territory by a line which ran from the mouth of the Kentucky river to Fort Recovery, and northward to the boundary line be- tween Canada and the United States. West of this line was erected the Territory of Indiana, of which Mr. Harrison was appointed Governor. Chillicothe was designated as the seat of government for the territory of the Northwest, which now lay east of the line described. The change of the territorial capital was secured by the vigilant Virginians of the Scioto Valley, who were among St. Clair's most active opponents.
Up to .this time the Settlers in the Western, or Connecticut Reserve, had not viewed with favor the territorial government. They preferred to call their region New Connecticut, and gave their allegiance to the General Assembly of Connecticut. The embar- rassing situation was relieved when the State of Connecticut on May 30, 1800, finally and fully relin- quished whatever title she might have had in the Reserve. On July 10 of this year the county of Trumbull was erected by Governor St. Clair. It composed the whole of the Western Reserve, and at its election for Representative cast only forty-two votes. Warren was designated as the county seat.
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From 1799 to 1803.
The second session of the first Territorial Legisla- ture met at Chillicothe on the 3d of November. William H. Harrison having resigned his position of delegate to Congress, William McMillan, of Cincin- nati, was elected to fill the vacancy, and Paul Fear- ing, of Marietta, to serve the succeeding term. But little other business was transacted, and Governor St. Clair, owing to the near end of his official term, dissolved the body on the 9th of December, after a session of five weeks.
The early dawn of the nineteenth century found the population of what is now Ohio numbering about 42,000. Transportation and trade were increasing on the Ohio River. Bullet-proof keel boats were regu- lar packets for mail and traffic, taking four weeks to row and float a trip between Cincinnati and Pitts- burgh. The first vessel of any size or importance was the brig "St. Clair" built at Marietta, 110 tons burden. It was loaded with provisions and sailing down the Ohio and Mississippi, crossed the Gulf of Mexico, and finally landed safely at Philadelphia. The transportation by land was by the heavy and cumbersome trading wagons drawn by four and six horses. Cincinnati was a great distributing point for the southern and central part of the territory. The judges and lawyers rode horseback from county seat to county seat, camping out at night, and ford- ing or swimming the intervening streains on their journeys. The increased influx of immigration and the demoralizing Indian wars tended to deteriorate the morals of the people. Drinking, gambling and idleness prevailed in some communities. The first Legislature appointed a committee to issue an ad-
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A History of Ohio,
dress "discountenancing idleness and dissipation." Party spirit was developing in true American style. So bitter indeed had it become at Cincinnati, that on one occasion, the Fourth of July was celebrated by each. party separately. The.Federalists lauded Washington and St. Clair, and the Republicans or Democrats as strenuously sung the praises of Jeffer- son, Burr and Madison. The Federalist party of the territory at this period was led principally by Gov- ernor St. Clair, Judge Jacob Burnet and Benjamin Stites, while Edward Tiffin, Nathaniel Massie and Colonel Worthington were the prominent Republi- cans. Marietta was the stronghold of Federalism, while Chillicothe was the seat of Republicanism. Cincinnati was divided almost equally in politics.
The manhood of Ohio's pioneers came from vari- ous elements. The Western Reserve and the Mus- kingum Valley were peopled largely by New England stock. The Scioto Valley was composed almost exclusively of Virginians and Kentuckians. The Pennsylvanians of Irish and German origin set- tled at Cincinnati and between the Miamis, while the French scattered along the Ohio. From all these elements came the men who cleared away the forests and planted in virgin soil the seeds of a State that has grown to be a tremendous monument to human genius, skill and pluck. Outside of the towns the settlers had none of what we would call the pleas- ures of life. Occasionally the men inet for a turkey shoot or an election; but the mothers of Ohio had naught but work. True, at Marietta, Cincinnati and Chillicothe we read of balls and soirees and amateur theatricals, but only there.
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From 1799 to 1803.
The necessaries of life consisted wholly of the pro- ducts of the fields and the results of the hunt. The table of the pioneer Ohioan of 1800 was usually laden with bear or venison, and turkey; if near a stream, fish often took the place of game; tea and corncake, with wild honey, completed the meal. Beef and pork were easily obtained. On the whole, there can be registered no lack of physical needs for this period.
Iron, which may always be classed as a necessity, came from Pittsburgh and Baltimore, and when from the latter, cost $200 a ton to carry it into the interior of Ohio. As for salt, the southern and central parts of Ohio got their supply from the "Scioto salt works," in what is the Jackson county of to-day, to which place hundreds of settlers regularly repaired to secure a supply of that needful article. It sold at the works for two and three dollars a bushel, and after the jour- ney homeward of a hundred miles, the purchaser sold it to his neighbors for seven dollars a bushel. There were no vehicles, except for burden, within the territory. A conveyance for pleasure was un- known. Such was the general condition of the peo- ple within what is now Ohio, in ISoo.
On the 24th of November, ISoI, the third session of the Territorial Legislature commenced. At this session Cincinnati and Chillicothe were incorporated, and the seat of government changed from the latter town to the former. This last movement created the greatest excitement in Chillicothe; in fact, prior to its consummation, mob violence had been attempted on members favorable to removal. But it only served to inspire the aspirants for statehood and self-govern- ment to greater efforts. The agitation against St. 5
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A History of Ohio,
Clair was at its highest point, and so great became the feeling that Thomas Worthington, agent of the State party and Republican leader, presented charges to President Jefferson against Governor St. Clair, attacking his official and administrative integrity.
In the meantime the Legislature had adjourned until the fourth Monday in November, 1803. But that session was never held. The reason will appear. On the 30th of April, 1802, Congress passed an act enabling the people of Ohio to forin a Constitution and State government. This legislation was accom- plished through the persistent efforts of Colonel Massie and Colonel Worthington and the personal influence of Edward Tiffin, who went to Washington expressly for that purpose. In pursuance of that act of Congress the Constitutional Convention met at Chillicothe on November 1, 1802. The pending ses- sion of the Constitutional Convention seemed to render a further assembling of the Territorial Legis- lature unnecessary, and by common consent it was abandoned. The Convention assembled to frame a Constitution for the proposed State, performed their duty in twenty-five days. On the third day of the session Governor St. Clair, by invitation, addressed the Convention. He expressed himself as opposed to the formation of a State, and criticised the admin- istration at Washington. The Convention and the administration was intensely Republican, and his words being reported to President Jefferson, he was removed from his position. Charles W. Byrd, Secre- tary of the Territory, served as Governor until the State was formed.
The Constitution formed by the Chillicothe Con-
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From 1803 to 1810.
vention was a sound and practical instrument of or- ganic law. For over fifty years the people of Ohio lived under its provisions. It was, perhaps, defective, inasmuch as it provided no check whatever upon the legislative power. The intense feeling against St. Clair in the exercise of his vetoes accounts for the entire absence of restraining power in the position of the Chief Executive. It fixed the capital at Chil- licothe until ISOS, and named the boundaries of the State. It was never submitted to the people, but was framed, discussed and adopted by the same body. The proceedings of the Convention, with a copy of the Constitution, was forwarded to Washington, and by an act of Congress, approved February 19, 1803, Ohio became a recognized State of the Union-the seventeenth in the order of admission, and the eighteenth in relation to population.
CHAPTER V. 1803-1810.
EDWARD TIFFIN ELECTED GOVERNOR -THE FIRST LEGISLATURE- EFFECT OF LOUISIANA PUR- CHASE -ACTION ON PROPOSED AMENDMENTS- THE CONSPIRACY OF AARON BURR - CONFLICT BETWEEN THE LEGISLATURE AND JUDICIARY- THE SWEEPING RESOLUTION -STATE CAPITAL REMOVED TO ZANESVILLE-PROGRESS OF OHIO -- EDUCATION -- POLITICS.
The young State at once assumed the duty of or- ganization. Pursuant to the new constitution, on the second Tuesday of January, 1803, an election was
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A History of Ohio,
held, at which was chosen a Governor, Senators and Representatives. Edward Tiffin, of Chillicothe, was presented as the candidate for Governor of the anti- Federalists or Republicans. The Federalists offered no opposition save in refusing generally to vote. St. Clair, in a touching address to the people of the State, had declined to permit his nanie to be used as a can- didate; the result was the almost unanimous election of Tiffin. The selection was both deserving to him and meritorious to the State. Since his removal to the territory, in 1798, he had been, next to St. Clair, the most prominent character within its borders. Through his efforts and influence, more than to those of any other man, the admission to the Union was ac- complished. He was educated and of positive char- acter; born to lead, it was a happy choice in electing him the first Governor of Ohio. His political exper- ience consisted of his services in the Territorial House of Representatives, of which he was Speaker, and in the Constitutional Convention, of which he was President. To these could be added a thorough and practical knowledge of the wauts and resources of the new State, with an ambition to supply the one and develop the other.
On Tuesday, March 1, 1803, the first Legislature met at the State Capital-Chillicothe. Nathaniel · Massie was elected Speaker of the Senate, and Michael Baldwin Speaker of the House. The offi- cers provided under the Constitution were appointed as follows: Secretary of State, William Creighton, jr .; Auditor of State, Thomas Gibson; Treasurer of State, William McFarland; Judges of the Supreme Court, Return J. Meigs, Jr., Samuel Huntington and
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From 1803 to 1810. '
William Sprigg. Thomas Worthington and John Smith were elected United States Senators from Ohio.
In legislation the General Assembly confined itself to the ordinary necessities of a new State. It created courts, passed election laws, fixed salaries and made appropriations. It organized the counties of Scioto, Warren, Butler, Montgomery, Greene, Columbiana, Gallia and Franklin. After a brief session it ad- journed in April.
The purchase of Louisiana by the United States occurred this year, and nothing more beneficial to Ohio happened in the first era of her history. It opened an unrestricted and valuable territory to her commerce that she had never wholly enjoyed. As a result of this purchase, more than a million square miles of territory were added to the United States, and a new market, free and uncontrolled, was fur- nished to the people of Ohio. The Mississippi River became an open channel of trade that brought the richest returns by increasing the wealth and traffic of the State.
Ohio, as one of the United States, soon had an op- portunity to express hier views on proposed amend- ments to the Federal Constitution, which came before the Fourth General Assembly in 1805. The first proposition came from Massachusetts, offering an amendment to the Constitution of the United States, "so that the Representatives may be apportioned among the several States, according to the number of their free inhabitants respectively." To this the Legislature would not assent. The reason was in- deed worthy and conservative for that period. The
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A History of Ohio,
Constitution had but recently been formed; many had predicted failure on account of the diversity of interests. The instrument was unquestionably the result of compromise and forbearing on the part of the States. Ohio consequently refused to approve an amendment that would have no other effect but to disturb the relations between the States, and destroy what Gladstone called "the most wonderful work ever struck off by the brain and purpose of man." At the same session came a proposition from Kentucky.
It was an amendment which would take away the jurisdiction of the United States Courts over suits between citizens of different states, and between a citizen and a state. To this also the General Assem- bly of Ohio refused to give its assent because it said, . among other reasons named, "that too frequent alter- ations of the Constitution of the United States, may tend to unhinge the principles on which it is founded." North Carolina also proposed a constitu- tional amendment which was treated in the same manner as. those referred to. It was proposed to con- fer upon Congress immediately, the power of forbid- ding importation of slaves into the United States. The Federal Constitution in Section 9, Article I, expressly provided that such importation "shall not be prohibited by Congress prior to 1808." Ohio be- lieved in adhering to the article as originally adopted ; while the resolution of non-concurrence expressly approved the morals of the North Carolina proposi- tion, it dissented from its adoption on the ground of inexpediency. The General Assembly said, " not- withstanding that this inhuman practice is impolitic in the extreme, and altogether repugnant to the
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From 1803 to 1810.
principles on which our government is founded, yet it was the mutual agreement between the states form- ing the federal compact, that Congress should not possess the power of preventing any of the states then existing from carrying on a trade of this kind for a given period." On all these propositions the Legislature of Ohio acted wisely and in a spirit of fair play and candor with its sister states. It was ev- ident that dearer to her than party, was the perpetuity of the Union which, even at that date, was still an experiment. Ohio was willing to make sacrifices, to forego securing in the National Constitution what she believed to be right rather than to endanger its ex- istence by constant changes.
In this year ( 1805) Aaron Burr, the ex-Vice Presi- dent visited the West and spent considerable time in Ohio. While here he promulgated his schemes for the conquest of Mexico and the division of the Union. He put himself in communication with citizens of Marietta, Belpre, Chillicothe, and other places. Har- mon Blennerhassett became the innocent associate, as well as the victim of Burr in his conspiracy. From Blennerhassett's beautiful home on a little island in the Ohio River, a few miles below Marietta, the plans of treason were sent forth. At this place was ac- cumulated the boats, the provisions and the accoutre- ments of the followers of Burr. Under government surveillance sufficient evidence was secured to know that he contemplated an act of treason .against the United States. These facts being communicated to -- Governor Tiffin, he sent a special message to the Legislature calling for authority to act in the emer- gency. The result was the necessary legislation
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A History of Ohio,
authorizing the Governor to arrest all parties to the suspected military expedition, and power to call out the militia for that purpose. Blennerhassett's Island was soon in possession of the militia. The conspir- acy ended in a farce. Both Burr and Blennerhassett were tried but neither convicted ; yet there can be 110 doubt that the former's intentions were treasonable.
While these events were occurring John Smith represented Ohio in the United States Senate. Mr. Smith had been suspected as an accomplice of Burr in his conspiracy, and an indictment was found against him in the United States Circuit Court of Virginia. The Senate, after a complete investiga- tion, found the charges against Mr. Smith incompat- ible with his position as a United States Senator, and on April 9, 1808, moved to expel him, which motion received nineteen yeas (among them his colleague, ex-Governor Tiffin) and ten nays; but it requiring two-thirds of the Senators voting to pass such a motion, he retained his seat. He resigned, however, a few weeks afterwards at the request of the General Assembly of Ohio, and Return Jonathan Meigs, Jr., was elected in his stead.
The conspiracy of Aaron Burr caused the mnost intense excitement throughout Ohio, particularly in the counties bordering on the Ohio River. It was the first attempt at overt treason to the young Republic, and was received with decided opposition throughout the West. In Ohio, especially, was the feeling against Burr and his plans very strong. Here again she displayed a devotion to the Union that has repeated itself more than once in her history.
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