USA > Ohio > A history of the state of Ohio, natural and civil > Part 14
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 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32
166
HISTORY OF OHIO.
October, to Marietta. Returning from thence to Cincinnati, they penetrated through the forests and swamps of the north- west, to Detroit. Having held this court, they returned to Cincinnati.
After being a member of the legislature of this state repeat- edly, Jacob Burnet was elected a judge of the supreme court of this state, in 1821-2. This station he filled with distin- guished ability. From this station, he was transferred to the United States senate, where he exhibited the same traits of character, for which he has always been remarkable-clear- ness, and depth of understanding, sound reasoning, equable and happy temperament; in fine, for real wisdom, great learning and singleness of purpose.
After this first session of the territorial legislature, the seat of government was removed to Chillicothe, where it remained while the territory existed. Here the state constitution was framed, and the state government continued here until 1810, when the "sweepers" removed it to Zanesville. During the remaining period from 1799 to 1803, the territorial legislature annually met, but made not many laws, owing to the extraor- dinary powers conferred on the governor, by the act of con- gress of July 13th 1787. The governor was obstinate, and the people disliked him. How far his DEFEAT, while at the head of the North Western Territorial army, contributed to his want of popularity we do not know. That doubtless had its effects on the public mind.
Settlers slowly came into the country, extending their settle- ments into the interior, and preparing, in that way, for a change in the form of government. During the time of our territorial pupillage, congress passed an act dividing this coun- try by the Scioto river; all east of that line was to be a terri- tory by itself. Of the western division, the Wabash was its western boundary. St. Clair was accused of getting that act passed, so that he might be the governor of the eastern di- vision during his lifetime. The people informally sent Thomas Worthington to congress to get it repealed. Governor Wor- thington was successful and got the obnoxious act repealed.
167
FIRST TERRITORIAL LEGISLATURE.
We are aware that St. Clair was not the only one, if one, who procured the passage of that act, but, it is not worth the trouble of giving their names. It was promptly repealed, through the agency of Thomas Worthington. During the two or three years between the first territorial legislature and the formation of our constitution, most of the business, usually now done by our general assembly, was done by the governor of the territory. He erected new counties, fixed county seats,. . and commissioned all the higher officers. He was an active stirring man, and often went over the mountains, but when he returned he issued all sorts of proclamations announcing new acts of legislation, enacted by himself. No man was: fonder of exercising all the powers that he had, and no man was less liked than he was by those whom he governed. But worse than all the other acts of his, he granted large tracts: of land in the now state of Illinois, to his near relatives. These acts being utterly void were of no value to the gran- tees. But we forbear, he is no more.
During this period, New Connecticut began to be settled,. but the state was, except here and there a little spot, one vast. wilderness, with few roads, and still fewer bridges, mills,. churches or school houses.
What few mails reached the territory were carried on horse back, and they were so carried until after the late war; in 1815, carriages began to be used in conveying the mails and passengers. There being no bridges across the water courses, the mails were not only often thoroughly wetted, but the hor- ses that carried them were drowned, with those who rode them. Only twenty years have passed away since such ac- cidents often occurred in this state.
Many articles, such as iron and salt, during the territorial times, were excessively dear and not easily nor abundantly obtained at any price. For a farmer to send an ox team one hundred miles for a load of salt, to the Scioto salt works, where he gave three or four dollars a bushel for the article, and be on his road one month, knee deep in mud, it could not be expected of him to sell it for less than six or seven dollars a
168
HISTORY OF OHIO.
bushel on his return home, to his neighbors. When the car- riage of iron cost two hundred dollars a ton from Baltimore to Ohio, that article was dear. As to foreign cloths, they were dispensed with by the mass of the people. The homemade hunting shirt, a cap and moccasins, were not very uncommon in the western country. Those times are passed away and with them all these articles of dress. Our people now dress as well, if not even better, than those of any other state. And as a whole they are quite as able to do so. They work hard and earn the clothes, and use the right to wear them.
At the early day we speak of, our houses were logs, not always laid very close together. Before our people had time to clear fields that would produce a harvest, the woods furnished nuts on which their hogs fed and fattened. The wild grasses fed the cattle and horses abundantly, winter and summer. Better beef or sweeter pork, never was tasted, than the wild grasses and the nuts fattened, in almost all parts of this now state of Ohio. Many of our old settlers, mourn the loss of that breed of hogs, which ran wild in the woods, and lived on nuts, acorns and wild roots. The beef too, of that period, the old settlers think, was sweeter and more like wild animals' flesh than ours now is. In this opinion we agree with them. The honey of those days, was made by wild bees. The Indians abundantly procured it, and often sold it to our people. Our su- gar was made from the maple tree, and not a few of us even now, prefer it, to that which, at a low price, we now procure from Louisiana. Wild turkeys were abundant all over the woods, and were so easily taken, that they sold in market for only twelve and a half cents each. A good deer sold for one dollar, or even less. Hogs were almost as easily raised as the deer, and thousands were never seen by their owner until with his gun he went out to kill them.
The friendships of those days were pure and disinterested; and no small portion of the pure friendship, now existing in this state, among the people, is found among the old settlers and their posterity. Even in these days of party feeling, this ancient friendship breaks down, all party distinctions and
169
FIRST TERRITORIAL LEGISLATURE.
elects the old settler to congress, or the legislature. In the congressional district where we live, and in which there is a majority of one thousand six hundred and upwards, opposed to this administration, yet Jeremiah McLene of the other par- ty, was repeatedly elected to congress, in this same district. General McLene was an old settler, and the warm friend of all the people of the district, of all parties. So of Major Wil- liam Oliver of Cincinnati, he was recently elected over an opponent where the numerical strength of the political par- ties in the county would seem to indicate a very different result. These are the remains of that pure and disinteres- ted friendship, of our Ohio "olden times."
As we have already stated, St. Clair was unpopular, and the people were tired of his arbitrary way of doing business. By the census of 1800, we had forty-two thousand inhabi- tants and our people seriously applied to congress for admis- sion into the Union, as a state. To this application serious opposition was made, but DEWITT CLINTON, in the United States senate, contended powerfully and effectually for us. In the other house, we had good friends, and our application prevailed there also. This law was enacted on the 30th day of April 1802.
From the landing of Rufus Putnam and associates at Mari- etta, it was more than fourteen years to the passage of this act of congress. The people eagerly seized the occasion, to elect delegates to a convention to frame a constitution. At Chilli- cothe, on the first day of November 1802, the convention met, elected Edward Tiffin president, and Thomas Scott sec- retary. On the 29th day of its session, having finished their labors, the convention adjourned without day.
Our constitution was never submitted to the people, for either their approval or disapproval.
But it was submitted to congress for their approbation, and on the 19th day of February 1803, that body passed an act entitled " An act to provide for the due execution of the laws of the United States, within the state of Ohio." By this act 22 0
170
HISTORY OF OHIO.
Ohio was admitted into the Union, and became a sovereign state.
We go back and make a few remarks on the act of the 30th April 1802.
In the act of congress which enabled the people of that portion of what remained of the North Western Territory, to form a sepa- rate state government, after leaving out, what is now the state of Michigan, congress offered certain inducements, to the peo- ple to comply with, certain requisitions, after the state was formed, and admitted into the Union, as a component meniber of the confederacy. Congress offered the people, one thirty- sixth part of their whole territory for the use of schools. They offered them also, certain lands, on which they supposed salt- water might be procured; they offered them five per cent. of all the net proceeds of sales of lands, owned by congress; three per cent. of which, was to be laid out, in making roads, in the state, and two per cent. on a road to be made from Cumber- land, in Maryland, to the state. These were the principal offers, which congress held out to the people, but, congress required of the people of the territory a constitution, which should be founded on republican principles; which should adopt as part of their constitution, the ordinances of 1786, 1787, so far as was consistent with their being a separate state. The state constitution, was to be in strict accordance with the con- stitution of the United States. The state was prohibited from levying any tax, on the lands of the United States, lying in Ohio, before they were sold, and for five years afterwards. Lands for a college in the Ohio company's purchase; and a town- ship, in Symmes's purchase, had been given before this time, granted to the purchasers of those lands, wherewith to endow an academy. Such were the offers, and such the requisitions of the act of the 30th April 1802. We state the substance. And the convention when met, accepted these conditions, and complied with them. In twenty nine days, after they assem- bled, the convention finished their labors, and adjourned, making Chillicothe, the seat of government for the new state, during a certain period. Not wishing to stop our narrative;
ยท
171
REMARKS ON THE CONSTITUTION.
we throw the constitution, into the appendix, and proceed with a few remarks, on its history, its provisions, and defects.
REMARKS ON THE CONSTITUTION OF OHIO.
The framers of this constitution, were as well qualified, per- haps, even better qualified, for their task, than any other men, in the then territory. But, they were generally, young men, who had been little engaged in legislation. They did not, and they could not, take a very wide survey of human societies. And, besides, government is not like some machine framed after a model. It is nothing more than a bundle of habits; but not, as a fourth of July orator would make it, a nose- gay. It is a rule of action, laid down by the supreme power of a state, commanding some things and forbidding others. Good government, consists, not so much in laying down good rules, as, in constantly practising, on those rules, until good habits are firmly fixed, and invariably adhered to, by the peo- ple. In older countries, mere accident, expediency for the moment, or dire necessity, have set up governments, or given them some new direction, which time, experience, and custom have finally sanctioned, and made permanent. A system of gov- ernment, is not like a building, which may be constructed entire- ly according to a previous plan. It must be improved by skill and care, and may be grievously injured by neglect, or even destroyed by violence. Governments cannot be infused into communities, by any sudden act of the lawgiver, nor do they always follow the conviction of their propriety. Many causes have more power over the human mind, than any written laws, and it is extremely difficult, nay, impossible, to foresee, what any new form of government, will produce, until it is reduced to practical experiment. For persons, not actually living under any form of government, to pronounce authoritively con- cerning its operation, would be like a fly, sitting on the outside of our capitol, at Columbus, and seeing only an inch around him, to applaud or condemn, William Ludlow's bombast, over the outside doors, the taste, with which, the whole structure
172
HISTORY OF OHIO.
is erected, and the councils of state, assembled within doors. These truths are applicable to all men, and for a few survey- ors, lawyers, farmers and school masters, assembled in conven- tion, to forsee all future emergencies; or, that any people should be so reasonable as to forego all their inveterate habits of thinking, acting and feeling, for the purpose of giving any new form of government, a fair experiment, ought not to be expected; or, if we do expect it, that will be found a vain expectation.
Our system was borrowed from various sources and the several parts, show clearly from whence the framers sever- ally emigrated; from New England, Pennsylvania and Vir- ginia.
Time and experience have shown clearly, that there are some provisions, which not being inserted in the instrument, their absence calls loudly for their speedy insertion, by a new convention.
And what is surprising, is the fact that no efforts have yet been made, to obtain, the greatest and principal amendment, imperiously demanded, if we wish for permanency of a repub- lican form of government, in Ohio.
Our general assembly have too much power, and, in times of peace, they assemble quite too frequently, and sit too long. Whole millions have been wasted, in useless legislation. With- out more restraints, on the law making power; without an absolute prohibition, against electing their own members to offices; this constitution, cannot last long, because, our repub- lican form of government, can only last, while the people are in love with it. Take from it, the affections of the people, and, like a mist, in a clear morning, it is gone, in an hour. We will not attempt to point out all the evils, which this power, in the general assembly, has produced. A volume, would barely enumerate them. During the term, for which any member is elected, he ought to be ineligible to any other office.
Owing to their ill will towards Governor St. Clair, the members of the convention, made our governor a mere cypher. He can pardon criminals, appoint the adjutant general, sign commissions, and fill temporary vacancies, but he has no voice
173
REMARKS ON THE CONSTITUTION.
- in making the laws, no veto power, nor has he the power, to interfere in appointing any of our officers. That the veto power, may be shamefully abused, by an executive officer, the people, know, but, when used only as Washington used it, and as the King of England always uses it, it can do no harm, and may do great good. It ought to have been, often used, in this state. Unconstitutional acts, have been passed, in every pe- riod of our short history. Acts have been passed, worded exactly like former ones, without repealing the former ones. Criminal laws have been repealed (a whole criminal code), without any saving clause, as to crimes committed under them, so that the greatest criminals have escaped punish- ment. Laws have been amended and made worse, merely for the sake of making a good sized volume, and as a mere excuse for members of assembly staying at the seat of government, and drawing their three dollars a day. In all such cases, a power of prorogation, in the governor, or of rejecting such acts, as unconstitutional, as inexpedient, or unnecessary, would have saved to the people, at least, large sums of money.
Our officers, now appointed by the general assembly, ought to be nominated by the governor, and appointed, by, and with, the advice of the senate; excluding from such appointment, all members of the general assembly, during the term for which they were elected. As salaries are raised, and the love of office waxes warmer, members of assembly will wear a less shameless front, in seeking offices, from themselves. The governor can execute the laws, and he commands the militia, in a time of war. It is his duty, to do any other act which the general assembly direct him to do, but it is hardly to be expected, that the governor will be allowed to appoint any one, to any office of importance, unless that appointment is to be given to some member of the general assembly. A session of four weeks in one year, or of twelve weeks once in three years, in time of peace, for our legislature, would be a vast improve- ment, in our constitution. And the power of changing gene-
0*
174
HISTORY OF OHIO.
ral laws, should not be permitted to them, unless there was a majority of the whole people, calling for the change.
The judges of the supreme court, should never sit, any where, except as a court in bank, and then only once a year, in each judicial circuit.
Whoever shall be instrumental in procuring these amend- ments to our constitution, will deserve the everlasting gratitude of the people of this state.
But, these highly desirable amendments, may be long wish- ed for, rather than expected; at least very soon. Ever since the existence of this American Union, the political current has run in one, and the same channel. Every tendency has been towards a perfect democracy. Every new state consti- tution which has been framed, as new states have been from time to time admitted into the confederacy; and every amend- ment to any older constitution, have exhibited this feature more and more, until the constitution of Michigan, has approached to the very edge of the crater; it admits aliens to vote, as soon as they are disgorged from the jails, workhouses, penitentiaries, and prisons of Europe, and landed on the soil of Michigan.
The love of liberty is a natural impulse; but to be true lib- erty, it should be regulated by wholesome restraints. We may do as we please, so long as we injure no one. As much liberty as we can bear, use, and not abuse, is genuine liberty. Beyond this point, it is licentiousness, not liberty.
The love of liberty, properly managed, and mildly treated, has an affinity to law, and is calculated to pour a healthful stream through the whole body politic, renovating every limb, and eradicating every symptom of paralysis, which misgovern- ment produces. All we need in this state, are the amend- ments to the constitution which have been glanced at, to ren- der this state government a wise and good one. Without these amendments, we may become, wealthy, numerous and powerful. Our ponds may become swamps, and finally good meadows. Our forests may be cleared away, and farms, towns, villages and cities may appear, as if by magic, in those
175
REMARKS ON THE CONSTITUTION.
parts, which these forests now shade. Our iron ores, by means of the coal, reposing always near them, may be manufactured into all the articles, into which iron is converted. Canals may be made by the side of every river, and pass near every man's door. Rail roads may be made, in all directions, all over the state. Lake Erie and the Ohio river may be naviga- ted by ten thousand of our steamers, and every port be throng- ed with them, and the millions who own them. Steamers, canal boats and rail road cars, may, as they certainly will, throw the people and their property into masses, in cities and towns. In fine, the whole state may be made to resemble in appearance, a garden - a perfect paradise, and yet, unless good government is maintained, those who live under it, may be truly miserable.
Germany is a perfect garden, and yet hundreds of thousands are flying from it, as they would from the direst pestilence.
Let us hope, that some honest patriot may show himself in our general assembly, who will urge that body to place these amendments before the people for their approbation, and, Ohio may obtain a constitution, at no distant day, which will guar- antee to us, what, until then, we cannot have, a well grounded hope of better officers, better laws, and less danger of being ruined by unprincipled demagogues. As it now is, during many a session of the legislature, all well informed men, live in fear, of some new efforts being made, to almost ruin the state. As the state increases in wealth; as the legislature becomes more and more selfish, or rather as that selfishness has more opportunities of gratifying its depraved appetite for legal plun- der; the longer such tremendous powers remain in the gene- ral assembly, the more difficult will it become, to wrest such powers from so dangerous a body. The more apparent the duty of all good men becomes, to unite, in such measures as will lead to reform, before it is forever too late to obtain it. Place the amendments before the people, article by article, to be voted for and against, and we should stand some chance of having a better constitution.
ORGANIZATION OF THE STATE GOVERNMENT.
PERIOD THIRD.
THIS PERIOD EXTENDS FROM 1803 TO 1812.
THE first general assembly under the constitution, met at Chillicothe, on Tuesday March 1st 1803. MICHAEL BALD- WIN was elected speaker of the house of representatives, and, NATHANIEL MASSIE speaker of the senate. This general as- sembly proceeded to appoint, all the officers, necessary to carry on the business of governing the state. The offices were filled as follows, viz:
Secretary of state, William Creighton, junior.
Auditor of state, Colonel Thomas Gibson.
Treasurer, William McFarland.
Judges of the supreme court, Return J. Meigs, junior, Sam- uel Huntington and William Sprigg.
President Judges of the first, second and third districts, Francis Dunlevy, Wyllys Silliman and Calvin Pease.
United States Senators, Thomas Worthington, John Smith.
First Governor elected by the people, Edward Tiffin, who appointed the first adjutant general, Samuel Finley.
First member of congress, Jeremiah Morrow, was elected by the people.
First United States District Judge, Charles Willing Byrd.
The first legislature proceeded to enact such laws, as seemed to be needed. They proceeded to organize seven new coun-
177
ORGANIZATION.
ties, viz: Gallia, Scioto, Geauga, Butler, Warren, Greene and Montgomery.
Those parts of the state had suffered much for want of an organization into counties. St. Clair had uniformly refused to have these counties erected, and he had the power to pre- vent it.
Next year, 1804, Muskingum and Highland counties were organized. These new counties, show where the country had been filling up with people. Every thing moved forward as well as could be expected, considering our remote situation from the older states. Mills, though poor ones, were erected, bridges were built, roads were cut out, though not worked on much as yet.
Some general remarks seem necessary here, on the man- ners, and situation of the people of that time. The presi- dent judge and the lawyers traveled their circuits, holding courts. When arrived at the shiretown, the lawyers and judges were all, generally, thrown together, into one room, in a log tavern, and slept under the roof, and some of them very near it. The food was generally, cooked out of doors. And the court house not unfrequently was some log cabin in the woods, without a floor in it.
We have seen a constable with a grand jury, sitting under a tree, and the constable keeping off the crowd, so as to prevent their hearing the testimony of witnesses before the jury. Another constable was guarding a petit jury under some oth- er tree, while they were deliberating on their verdict. And when a new county was organized, the newly elected officers, such as sheriff, clerk, judges, juries, &c., had to be instructed in their duties by the president judge and the state's attorney. These things are all in our recollection, fresh and distinctly remembered. The people were quite uncouth in their aspect, but not so unhappy as one would suppose. The greatest diffi- culty which the people had to contend with, was sickness, in many parts of the country. The farmer kept many dogs to guard his sheep, hogs, fowls and himself. His fences were
23
178
HISTORY OF OHIO.
very high ones, and his dogs were always ready to defend their master's family and property. Hogs became so numer- ous in the woods, that many of them became wild, and multi- plied until the war of 1812 gave their flesh a value, and they were killed. Cattle and horses multiplied greatly in the meantime, and the people had begun to drive them over the mountains, at an early day, to a market. The people lived in log houses, raised Indian corn for their bread, and as to meat they found wild turkeys and deer in abundance in the woods. Domestic fowls and hogs multiplied wonderfully, in a country where there was so little winter for which to provide. And as for pleasure-carriages, we do not believe there was one in the state when it was first organized. Not a few persons, wore moccasins, instead of shoes, and leather made of deer skins for coats or hunting shirts and pantaloons. Thus dress- ed, equipped with a large knife, and a good rifle gun, the men went about their daily business. When the state was first or- ganized, we do not believe that there was even one bridge in the state. The roads were few and it was no easy matter for a stranger to follow them. For ourselves we preferred follow- ing the pocket compass or the sun, to most of the roads, in the Virginia Military tract; and this even ten years after the or- ganization of the state government. Travelers carried their provisions with them, when starting from any of the towns into the then wilderness, now thickly settled parts of the state. Judges and lawyers rode from court to court, through the for- est, and carried their provisions or starved on their route. Though they generally got into some settlement before night fall, yet not always, as we shall long remember. When the streams were swelled with rain, they swam every stream in their way.
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.