A history of Ohio, with biographical sketches of her governors and the ordinance of 1787, Part 5

Author: Ryan, Daniel Joseph, 1855-1923
Publication date: 1888
Publisher: Columbus, Ohio, A. H. Smythe
Number of Pages: 436


USA > Ohio > A history of Ohio, with biographical sketches of her governors and the ordinance of 1787 > Part 5


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13


A conflict between the Judiciary and the Legisla-


-


i


1


65


From 1803 10 1810.


ture commenced in ISO8, and lasted for several years, to the great disturbance of the proper admin- istration of law. It appears that in 1805 the Legis- lature gave Justices of the Peace jurisdiction, witli- out a jury, to the amount of fifty dollars. As the Constitution of the United States guaranteed trial by jury in suits in which over twenty dollars was involved, the Supreme Court very properly, in a case before it, decided the law void and unconstitutional, for the Constitution of Ohio said that "the right of trial by jury shall be inviolate." The judicial deci- sion was construed as an insult by the Legislature. As a result, resolutions of impeachment were offered in the Sixth General Assembly against Judges Hunt- ington and Tod, of the Supreme Court, and Judge Pease, Presiding Judge of the Third Circuit. Noth- ing was done at this session. While these articles of impeachment were pending, Judge Huntington was elected Governor, and of course resigned the judgeship. But the efforts at impeachment went on. Charges, however, were not made against Gov- ernor Huntington, but were preferred against Judges Tod and Pease. Their answer to the charges of impeachment was the Constitutions of the United States and of Ohio. The result was an acquittal in both cases.


These proceedings do not reflect any credit upon the legislators of that early day. Indeed, it is hard to reconcile the attack on the independence of the Supreme Court with intelligence and patriotismn. The idea of impeaching judges for deciding against the validity of laws was a new method in Amer- ican politics, and had no precedent in our history.


66


A History of Ohio,


Equally high-handed in our legislative history was the "Sweeping Resolution " passed in ISI0. This resolution, passed in January, swept out of office every Judge of the Supreme Court, and of the Court of Common Pleas, the Secretary of State, the Auditor and Treasurer of State, and also all the Justices of the Peace throughout the State. This resulted in interminable conflict and confusion, and it was sev- eral years before the people became reconciled to what was generally denounced as an unconstitutional and dangerous proceeding.


The temporary location of the State Capital at Chillicothe expired under the Constitution in 1808. Knowing of some dissatisfaction as to continuance at that place, the citizens of Zanesville petitioned for its removal to their town; and upon the assur- ance being given that the State would not be put to any expense, the Legislature removed the seat of the State government to that point in 1810. It remained here for two years.


The first seven years of Ohio as a State was a period of most inarvelous advancement. The year 1810 found the population of the State to be 230,760, an astonishing increase of more than 400 per cent. over that of ISoo. The immigration was of a healthy, constant, and valuable class. The establish- ment of eighteen new counties within this period shows that the newly added element to Ohio's popu- lation was scattering itself all over the State, for these counties were in the southern, central and northern portions. Out of the wilderness, by indus- try, came wealth; and we find in ISto that the taxable property in Ohio was valued at $25,000,000.


67


From 1803 to 1810.


The natural resources of the State became known in this period. The first blast furnace was operated in 1808, in Mahoning county, and coal was first mined in 1810, in Summit county. Thus two of the great- est factors in the growth and importance of the State were contemporaneous in their development.


Education had secured a substantial start in the new state by the establishment of the Ohio Univer- sity at Athens in1 1804, and the Miami University at Oxford in 1809. The former had been originally chartered by the territorial legislature. These two institutions of learning, which for many years ex- erted a powerful and intelligent influence in Ohio, received their endowinents from Congress in the shape of townships of land, the annual incomes from which, furnished a partial support. In addition to these public institutions there were private schools, few in number, established at various points in the · state. But up to this period there was no system of public education in Ohio. No legislation had been attempted on this subject, notwithstanding it was especially enjoined in the Constitution.


The condition of the political parties during this period can best be judged by the newspapers of the day. In 1810 there were fourteen newspapers in Ohio. Chillicothe, the Capital, possessed two Fed- eralist papers -the Supporter and the Scioto Gazette, and two Republican (or Democrat as the party after- wards became known ), the Fredonia and the Inde- pendent Republican. Cincinnati had the Whig, and Liberty Hall, both Republican, and the Advertiser, a neutral paper. Marietta published the Ohio Ga- zette, and the Commentator, opposites in politics.


--


68


A History of Ohio,


Republican papers were also published at Zanesville, St. Clairsville, and Lebanon. At Lisbon and Steuben- ville were the Ohio Patriot, and Western Herald, respectively, but they were not partisan organs. Through these newspapers were carried on the early


political struggles of the State. The Federalists


rapidly lost ground after the departure of St. Clair. Edward Tiffin was twice elected Governor by the Republicans, and during his second term was elected United States Senator. He was succeeded by Thomas


- Kirker, who became Acting Governor by virtue of his position as Speaker of the Senate. In 1807 Colonel Return J. Meigs was elected Governor over Nathaniel Massie by a majority of more than 1,200 in a total vote of over 10,000. General Massie con- tested Meigs' election on the ground that he had not been a resident of this State for four consecutive years next preceding the election. This was one of the constitutional requirements for eligibility ; it was a fact that he had been a resident of the Territory of Louisiana within four years prior to his election. Nothing remained for the General Assembly, upon hearing the evidence, but to declare Meigs ineligible, and that General Massie was elected Governor of the State of Ohio. He never claimed it, however, and Thomas Kirker continued to serve as Governor until 1808, when Samuel Huntington, whose attempted impeachment as Judge has been referred to, was elected. The popularity of Colonel Meigs was very great, and he had the confidence of the people of the State ; when his disability of non-residence was re- moved by time, they demanded him for Governor in 1810, and he was elected over Thomas Worthington.


-


69


From 1803 to 1810.


The towns throughout the State continued to in- crease both in number and population. It may seem strange, but up to 1810 but comparatively few towns were incorporated in Ohio. These were Lancaster, Dayton and Steubenville in 1805; St. Clairsville in 1807, Springfield in 1808, and Hamilton and Lebanon in 1810. There were quite a number of other towns but they had no legal existence. Cincinnati, Mari- etta, Chillicothe, and a dozen other places were still settlements.


Cincinnati tlren, as now, ranked first in importance and size. In 1805 it consisted of fifty-three log cab- ins, one hundred and nine frame buildings, six brick and four stone houses. In 1810 its population had increased to 2,540. In the northern part of the State, Cleveland was the principal point, although it was still a small settlement, having at this time but three hundred inhabitants. Steubenville was the principal town in southeastern Ohio at this period. Marietta and Chillicothe both maintained their importance in every respect. The scarcity of towns and their slow growth is due principally to the fact that the greater portion of the population of the State was devoted to agriculture, and lived upon the farms beyond the reach and influences of the thickly settled towns. Ohio in its earliest stage was purely an agricultural State.


The year 1810 closed with Ohio occupying a pos- itive and prominent position in the Union. When she was admitted she was the eighteenth state in pop- ulation, since then she had become the thirteenth.


3


.


70


A History of Ohio,


CHAPTER VI.


1810-1825.


THE FIRST STEAMBOAT ON THE OHIO RIVER -- COLUMBUS FIXED AS THE CAPITAL - WAR WITH ENGLAND- HULL'S SURRENDER - SIEGE OF FORT MEIGS -DEFENSE OF FORT STEPH- ENSON - GALLANTRY OF MAJOR CROGHAN - PERRY'S VICTORY ON LAKE ERIE - OHIO IN THE WAR -- CONFLICT WITH THE UNITED STATES BANKS - RESOLUTIONS OF NULLIFICATION - THE ERA OF INTERNAL IMPROVEMENTS AND COMMON SCHOOLS - CONSTRUCTION OF THE CANALS - THEIR VALUE AND MISSION -EF- FORTS FOR POPULAR EDUCATION - CALEB AT- WATER'S COMMISSION -THE SCHOOL, LAW OF 1825-GROWTH OF THE OHIO SCHOOL SYS- TEM.


The triumph of Robert Fulton in steam navigation turned the attention of the great inventor and his as- sociates, Chancellor Livingston and a Mr. Roosevelt, to the western waters. The latter gentleman, after a survey of the Ohio River, from Pittsburgh to New Orleans, decided favorably to the practicability of steam navigation. In October, ISII, the first steam- boat ever built for western waters was launched at Pittsburgh, and called the "New Orleans." It de- scended to Louisville, and continued to make trips between that place and Cincinnati. In January, IS12, it arrived at Natchez, thus demonstrating to commerce and navigation its complete application to practical trade. This event began a new era in the


71


From 1810 to 1825.


business development of Ohio, and the value of. the Ohio River as a channel of transportation for traffic became greater still to the people of the young state.


In 1812, (February 14th) the Legislature again changed the seat of government from Zanesville to Chillicothe, but at the same time providing for the acceptance of certain proposals for the establishment of a permanent capital at Columbus. These propo- sitions were made by Lyne Starling and others, founders of the city of Columbus ; the future capital was located opposite the town of Franklinton on the Scioto River. At this time it was a virgin forest. The donation of a tract of land to the State, and the erection of a State-house and penitentiary were the inducements for removal. On February 2Ist a reso- lution was passed declaring that the "permanent seat of government of this State shall be known and distinguished by the name of Columbus."


In the second war with England, which was offi- cially declared by the United States, June 18th, 1812, Ohio played an important, conspicuous and patriotic part. With that loyalty which distinguished her in later years, she furnished men and means far above her quota, and beyond all the demands of the gov- ernment. Her sons were in every conflict in the western theatre of the war, and within her boundaries were achieved some of the niost brilliant victories over the British.


Before the formal declaration of war, in fact as early as April 1812, affairs in Ohio began to assume a decidedly military appearance. General William Hull was designated as the Commander-in-Chief of


72


A History of Ohio,


the western wing of the army. Governor Meigs, of Ohio, in accordance with the call of President Madi- son, recruited three regiments of volunteers early in 1812. Promptly the Ohioans were on the march ; the three regiments were commanded by Colonels Duncan McArthur, James Findlay and Lewis Cass, respectively. These regiments concentrated at Ur- bana before starting for the invasion of Canada. Here they were joined by a regiment of regular troops. Under the command of General Hull the army of regulars and Ohio volunteers marched to Detroit at which place they arrived July 5th. His campaign in and around Detroit was one of unsur- passed idleness. The imbecility of Hull resulted in the ignominious surrender of the post of Detroit, including the military stores of the garrison, and the Territory of Michigan. The Ohio troops were ill- cluded, of course, in the surrender, and were sent home under parole. The indignation throughout the army was intense. Colonels Cass and McArthur were absent with a detachment of troops when the surrender occurred, and being advised by a British officer that they were prisoners of war, their vexa- tion and rage knew no bounds. Colonel Cass broke his sword over a stump. Hull's surrender stigma- tized him as a traitor at the time, and the entire na- tion treated him with contempt. This feeling was especially prevalent in Ohio, as most of the troops were from that State. He was made the subject of denunciation and ridicule. The maker of ballads- more powerful than he who makes laws-embodied him in a popular song, which was sung all over Ohio, and which began,


73


From 1810 to 1825.


"Old Hull, you old traitor, You outcast of Nature,


May your conscience torment you as long as you live ; And when old Apollyon His servants do call on, May you be ready your service to give."


General Hull was afterwards court-martialed for treason, cowardice and unofficer-like conduct. He was found guilty of the last two charges and sen- tenced to be shot. On account of his Revolutionary services he was reprieved, but his name was stricken from the armny-roll.


General William H. Harrison, who had been the Secretary of the Northwest Territory under St. Clair, its first delegate to Congress and Governor of the In- diana Territory, was appointed Commander-in-chief of the Western army shortly after Hull's surrender. Under his military leadership the country was soon blessed with victory, and the frontier inspired to des- perate defense. Ohio continued to be the seat of warfare. Within her boundaries were military points of great importance. Forts Defiance, McArthur, Meigs and Stephenson, all scenes of the inost stirring events, were located within Ohio.


Prior to the appointment of General Harrison as Commander-in-chief the Americans were not success- ful in their frontier campaigns. Although Ohio was doing her duty the War Department at Washington was slow in grasping the situation and furnishing the necessary supplies. And, in addition to this, the militia commanders failed to maintain the necessary discipline among their troops.


In the summer of 1812 General Edward W. Tup- per, of Gallia county, at the head of a thousand mil- 6


74


A History of Ohio,


itia from Jackson, Lawrence and Gallia counties, marched to the foot of the Maumee Rapids, but the expedition was fruitless in its results. Tupper and his men marched back to Fort McArthur, on the Scioto River in Hardin county.


The next winter, General Winchester, with troops from Forts Defiance and Wayne, marched to a ter- rible defeat on the River Raisin, in the Michigan Territory.


These adverses impelled General Harrison to un- dertake such measures as would retrieve some of the losses of the American arms and vindicate the su- premacy of his country on Ohio soil. Accordingly he established himself at the foot of the Maumee Rapids and constructed a fort, which, in honor of Ohio's patriotic Governor, he named Fort Meigs. It was the key to the situation in the Northwest; it was very important to the invasion of Canada, and equally so to British aggression in Ohio. The gar- rison of Fort Meigs was situated on elevated grounds, and was admirably adapted for resisting attack. General Harrison had massed here about two thous- and men, well equipped, in good spirits and imbued with a feeling of patriotic determination. On the 28th of April, 1813, the British and Indians made their first appearance, and proceeded to besiege Fort Meigs. Major General Proctor was in command. The force is estimated at from three to four thousand men, the majority of whom were Indians under the famous warrior, Tecumseh. On the Ist of May the British opened their batteries on the garrison, and for five days a severe bombardment was kept up. After several sorties by the Americans, Proctor and


*


3


1


75


From IS10 to 1825.


l'ecumseh abandoned the siege at the end of thirteen days. The magnificent conduct of the garrison and the management of General Harrison reflected credit upon the Americans, and greatly added to the strength of their cause. Yet all through the siege General Harrison was anxious as to the results, and the people of Ohio, appreciating the situation, were making great efforts to aid him.


Governor Meigs called out fifteen thousand men, and led them in person. He had proceeded as far as Lower Sandusky, when he met General Harrison on his way to Cincinnati, who informed him of the rais- ing of the siege of Fort Meigs and the retreat of Proctor and Tecumseh. General Harrison dismissed the militia in the following complimentary order, is- sued from his headquarters at Franklinton, May 16, 1813 :


"HEADQUARTERS, "FRANKLINTON, May 16, 1813.


" The commanding general has observed, with the warmest gratitude, the astonishing exertions which have been made by His Excellency Governor Meigs, and the generals and other militia officers of this State, in collecting and equipping a body of troops for the relief of Camp Meigs. But the efforts of these men would have been unavailing had they not been seconded by the patriotic ardor of every description of citizens, which has induced them to leave their homes, at a most critical season of the year, regardless of every consideration but that of rendering service to their country. The General found the road from Lower Sandusky to this place literally covered with men, and among them


i


1


76


A History of Ohio,


many who shared in the toils and dangers of the Revolutionary war, and on whom, of course, there existed no legal claims for military services. The General has every reason to believe that similar ef- forts have been made in Kentucky. He offers to all those, brave men from both States his sincere ac- knowledgement, and is happy to inform them that there is at present no necessity for their longer con- tinuance in the field. The enemy has fled with pre- cipitation from Camp Meigs, and that fort is in much better situation to resist an attack than when the last siege was commenced.


"By order of the General, "R. GRAHAM, Aid."


Following the siege of Fort Meigs came the heroic defense of Fort Stephenson, which for gallantry and valor, has not been surpassed in the military history of Ohio. Fort Stephenson was located where Fre- mont now stands, in Sandusky county. It was gar- risoned by one hundred and sixty men under command of Major George Croghan, a young Kentuckian just in his twenty-first year. The fort consisted of three block houses and a picketed inclosure ranging from fourteen to sixteen feet in height, outside was a ditch eight feet in width and depth. A six pound cannon composed their ordinance. At Seneca Town, nine miles from Fort Stephenson, General Harrison had his headquarters. He knew of a projected at- tack by the British and Indians upon Major Croghan ; after a council of war with his officers, McArthur, Cass and others, it was decided to evacuate Fort Stephenson, and orders to that effect were forwarded to Major Croghan. The bearers of the official message


77


From 1810 to 1825.


of the Commander-in-chief to the brave young officer did not arrive at Fort Stephenson until nearly 110011 the next day, when they found the situation such that withdrawal and retreat were impossible. The coun- try surrounding the little garrison was swarming with the enemy. Major Croghan therefore sent word back to General Harrison that his order was received too late to be carried out, and added, "We have deter- inined to maintain this place, and by heavens, we can." This reply greatly displeased General Harri- son, and he ordered Major Croghan to appear before him to answer for his disobedience, and in the mean- time placed another officer in command over Fort Stephenson. Croghan obeyed the summons of his superior officer, and demonstrated that his conduct was not disobedient. He satisfactorily proved to General Harrison that evacuation meant destruction to the brave band. General Harrison at once per- ceived the sound military discretion of Major Cro- ghan, and sent him back to defend Fort Stephenson.


On the first of August, 1813, at four o'clock in the afternoon, the enemy with General Proctor in com- mand, appeared coming down the Sandusky River about a mile distant from Fort Stephenson. The force of the British amounted to twelve hundred men, of whom seven hundred were Indians. With these troops General Proctor began to besiege the garrison. As usual, he sent a flag of truce demanding of Major Croghan a surrender. The bearer of the message from the British threatened massacre by the Indians if the fort held out. The reply of the Americans was, " When the fort shall be taken, there will be none to massacre." Major Croghan's comrades were all young


-


--


78


A History of Ohio,


men like himself. They possessed unbounded pa- triotism and nerve, and like him, they were willing to die in defense of their flag rather than to surrender to a band of savages under an inhuman white leader, who had, up to this date, violated every rule of war and civilization in the treatment of his captives. The laconic and Spartan reply of Croghan maddened Proc- tor, and he opened fire from his five six pounders and howitzer. This firing was kept up all night, but withlittle effect on the stockade. Major Croghan responded from his single gun, rapidly moving it from one point to another in firing, so as to make it appear that he was not limited to a solitary ordinance.


The next morning, ( August 2d ) found the flag still floating proudly over the brave band within the fort. Again all through the day the roaring of British ar- tillery was kept up. Towards the afternoon it became evident that Proctor was preparing for an attack. The objective point of his firing all day was the northwest angle of the fort. Major Croghan saw this, and with bags of sand and flour he strengthened this weakened point. He further concealed his gun at this assailable quarter and loaded it heavily with slugs and grape shop. Here it rested for a terrible utterance. Now the attack commenced. It was about five o'clock in the hot August afternoon when the two columns of the British, five hundred strong, advanced towards what they believed the weak and broken down portion of the stockade. While this party was marching towards the fort, another column of two hundred grenadiers started for the southern side of the stockade. This attack was feigned, and


From 1810 to 1825.


the gunners in the fort kept their single cannon trained to the storming party. Tramp, tramp, came the advancing British through the dense smoke of their artillery, which was constantly playing upon the fort, and it was only when they were within twenty paces of the ditch that they were discovered by the besieged. They were met with a rainfall of rifle bullets from the cool aims of Croghan's Kentuck- ians. Nothing daunted, yet shocked, they leaped into the ditch and started to storin the stockade. Then the single cannon spoke with terrific effect. A shower of slugs and grape scattered death right and left, and when the smoke had risen, the command- ing officer and twenty-five men were killed and twell- ty-six wounded. Again did the British rally, and again did Croghan's single gun send forth damage and death. Repulsed, stunned and panic-stricken, the enemy fled to the woods for shelter. At three o'clock on the morning of August 3d, I'roctor sailed down the Sandusky, retreating in much confusion, and leaving his military stores to the Americans.


The defense of Fort Stephenson was accomplished with the loss of but one man and the wounding of seve11. The British lost, in killed and wounded, about one hundred and fifty.


Major Croghan at once received the praise of the people of Ohio, as well as that of the whole country. The patriotic ladies of Chillicothe addressed him as follows :


" CHILLICOTHE, August 13, ISI3.


"SIR: -- In consequence of the gallant defense which, under Divine Providence, was effected by you and the troops under your command, of Fort Steph-


80


A History of Ohio,


enson, at Lower Sandusky, on the evening of the 2d inst., the ladies of the town of Chillicothe, whose names are undersigned, impressed with a high sense of your merits as a soldier and a gentleman, and with great confidence in your patriotism and valor, present you with a sword.


Mary Finley,


Mary Sterret,


Ann Creighton,


Eliza Creighton,


Eleanor Lamb,


Nancy Waddle,


Eliza Carlisle,


Mary A. Southward,


Susan D. Wheaton,


Richamalı Irwin,


of Wash'gton City; Judith Delano,


Margaret McLanburg, Margaret Miller,


Elizabeth Martin,


Nancy McArthur,


Jane McCoy,


Lavina Fulton,


Catharine Fullerton,


Rebecca M. Orr,


Susan Wake,


Ann M. Dunn,


Margaret Keys,


Charlotte James,


Esther Doolittle,


Eleanor Buchanan,


"Margaret McFarland, Deborah Ferree,


Jane M. Evans,


Frances Brush,




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.