USA > Ohio > Hamilton County > Cincinnati > Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 1 > Part 55
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The assembly consisting of the Governor, the Legislative Council and the House of Repre- sentatives were to convene on September 16, 1799, but there was not a quorum present until the 24th. The Legislative Council organized by the election of Henry Vanderburgh, president, and W. C. Schenck, clerk. Edward Tiffin was chosen speaker of the House of Representatives and John Reily, clerk in place of Charles Killgore, who had been temporarily appointed but refused to serve. On September 25th the Governor met both branchies of the Legislature in the chamber of the representatives and deliv -. ered to them an elaborate address, the principal point of which seemed to be to convince the people that it would not have been wise to have granted to them self-government at the start. He also called attention to the controversies with regard to the enactment of laws. The matter of public revenue, the militia, education (and par- ticularly the "College Township"), the election of a delegate to Congress, the want of jails, the evils of the sale of liquors to the soldiers, and the jurisdiction of constables were among other mat- ters which he thought deserved their attention. On the 28th the council replied to the Governor regretting that circumstances had required so long a delay in the establishment of representa- tive government but agreeing that the system appointed by Congress was well adapted to the state of society which was necessarily to follow and testifying their gratitude to the Federal gov- ernment. A tribute was paid to the virtue, in- tegrity and talents displayed by St. Clair's serv- ices and a confidence expressed that his acts had been founded in wisdom and were dictated by the purest desire of promoting the happiness of the people. This called forth a response from the Governor containing the usual platitudes of such
addresses. The House of Representatives di- rected the Speaker, attended by the sergeant-at- arms, to present their address in reply to the Governor, and appointed a committee to wait upon his excellency to know where and when it would be convenient for him to receive the same. The committee reported that his excellency had signified that it would be convenient for him to receive the address at twelve o'clock on the next day in his own chamber, and therefore on Octo- ber Ist the Speaker preceded by the sergeant-at- arms and attended by the house withdrew to the chamber of the Governor and there presented the address of the house. This opened with the ex- pression of confidence in the Governor and with reference to the various matters spoken of in his address. To this St. Clair also delivered a re- sponse.
HARRISON, DELEGATE TO CONGRESS.
The first duty of importance which devolved upon the Legislature was the election of a dele- gate to the Congress. Mr. Burnet tells us that his friends pressed him to become a candidate and ventured to give him strong "assurances of success if he would consent to serve; but being at the time in an extensive practice and not wealthy he could not afford to quit his profes- sion or abstract from it as much time and atten- tion as the duties of the station would require. In addition to this it appeared to him that he could be more useful to the people of the Ter- ritory in their own Legislature than in Con- gress." (Burnet's Notes, p. 301.)
The contest settled down to William Henry Harrison and Arthur St. Clair, Jr., and on Octo- ber 3rd, at the joint session of the two houses, William Henry Harrison received twelve votes and Arthur St. Clair, Jr., ten votes, whereupon Harrison was declared elected.
BYRD, SECRETARY OF THE TERRITORY.
The resignation of William Henry Harrison from the office of Secretary of the Territory created a vacancy in this position, which was filled by the appointment on December 30th of Charles Wylling Byrd. Harrison proceeded immediately to Philadelphia and took his seat which he re- tained but for a single session. At the end of this time, Congress divided the Northwest Ter- ritory by establishing the new Territory of In- diana. Harrison was appointed Governor of this Territory and superintendent of Indian affairs.
Harrison while in Congress was instrumental
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in securing the adoption of a resolution to sub- divide the surveys of the public lands and have them offered for sale in small tracts. He also secured an extension of the time of payment for those who had bought lands from Judge Symmes in the territory north of his patent. He was chairman of the committee to report the plan for the division of the Northwest Territory.
THE DIVISION OF TIIE TERRITORY.
St. Clair took an active part in the matter re- lating to the division of the Territory. He thought the Territory should be divided into three districts instead of two as provided by the Ordinance. His suggestion was that the Scioto and a line drawn north from its forks should form the western boundary of the eastern dis- trict; a line drawn north from that part of the Indian boundary opposite to the mouth of the Kentucky, the western boundary of the middle division ; and the western division should include the remaining part to the Mississippi. This would make Marietta the seat of government for the eastern district, Cincinnati for the middle district and St. Vincennes for the western. "I will only observe that almost any division into two parts which could be made would ruin Cin- cinnati." (St. Clair to Harrison, February . 17, 1800.)
A previous letter to his friend James Ross, of December, 1799, shows what was uppermost in his mind. St. Clair realized that if the Terri- tory were not divided it would soon reach the point where it could demand statchood for which he did not think it prepared. "A multitude of indigent and ignorant people are but ill qualified to form a constitution and government for them- selves; but that is not the greatest evil to be feared from it. They are too far removed from the seat of government to be much impressed with the power of the United States. Their con- nection with any of them is very slender-many of them having left nothing but creditors behind them, whom they would very willingly forget en- tirely. Fixed political principles they have none, and though at present they seem attached to the General Government, it is in fact but a passing sentiment easily changed or even removed, and certainly not strong enough to be counted upon as a principle of action; and there are a good many who hold sentiments in direct opposition to its principles and who though quiet at present would then take the lead. Their government would most probably be democratic in its form
and oligarchic in its execution and more trouble- some and more opposed to the measures of the United States than even Kentucky."
To accomplish the beneficent result sought for, the conversion of the Territory into a Federalist stronghold would require it to be kept "in the colonial state for a good many years to come." A plan which he had suggested to the Secretary of State he concluded would not do because, although the boundaries indicated would make the eastern division surely Federal, it "is too thinly inhabited and the design would be too evident." Colonel Worthington and the people of Ross County wanted the Great Miami as the line. "Their views are natural and innocent enough. They look no further than giving con- sequence of Chillicothe. But I am very much mistaken if their leaders have not other and more extensive views. They think a division in that way would but little retard their becoming a State and as almost all of them are Democrats, whatever they pretend to the contrary, they ex- pect that both the power and the influence would come into their hands, and that they would be able to model it as they pleased; and it is my fixed belief it would be in a manner as unfriend- ly to the United States as possible. This, how- ever, is in confidence, and I particularly request that my sentiments may not be confided to Mr. Worthington, who I have discovered not to be entirely that candid man I once represented him to you, and who I now think a very designing one." (St. Clair Papers, Vol. II, p. 482.)
This letter is amusing as well as instructive. It shows that even the patriot fathers were not very different from the statesmen of the present day. All pretend to believe in self government and have confidence in the people but all are equally anxious that the people should be first instructed into the right party.
Rufus King comments on this letter as fol- lows: "Why Colonel Worthington had gone to Philadelphia and whether the people of Ross County were yet awake to the huge design thus imputed to them might appear if Worthington's papers were not lost. The notion that he was applying to a Congress and President of Federal- ists to establish a democratic State wears an air of ideality and romance of which he was not sus- pected." (Ohio, p. 276.)
Harrison favored the party which desired statehood at an early date and a division was finally made into two districts with the dividing line at the Greenville treaty line,-from the Ohio up to Fort Recovery and thence directly north
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through Michigan. With the passage of this act, St. Clair's connection with the Mississippi and Wabash countries terminated. The act also provided that Chillicothe should be the seat of government for the castern division; this was regarded by the Cincinnati people and especially St. Clair's friends as an infringement upon the authority of the Legislature. Mr. King points out that this criticism is not of great force as the power that could divide the Territory cer- tainly could fix the seat of government and furthermore that Cincinnati had never been se- lected by any proper authority.
The first session of the Legislature closed on December 19, 1799, after having passed many important laws most of which had been framed by Judge Burnet. One of the interesting epi- sodes of the session had been a presentation of a memorial by officers of the Virginia line ask- ing for permission to remove to the military bounty lands between the Scioto and Little Miami with their slaves. This of course was for- bidden by the Ordinance and the Legislature was bound to reject the petition but Judge Burnet assures us that even if this had not been so and although a favorable action upon it would have brought a great accession of wealth, strength and intelligence to the Territory, the public feeling was such that it would have been denied by a unanimous vote. "They were not only opposed to slavery, on the ground of its being a moral evil, in violation of personal right, but were of opinion, that, whatever might be its immediate advantages, it would ultimately retard the set- tlement, and check the prosperity of the Terri- tory, by making labor less reputable, and creat- ing feelings and habits, unfriendly to the sim- plicity and industry, they desired to encourage and perpetuate." (Burnet's Notes, p. 306.)
Another bill which was passed legalized the Fourth of July as a holiday, this being the first bill of that character passed in the United States. On the last day of the session, the General As- sembly passed a most complimentary address to John Adams, President of the United States, which was prepared by Judge Burnet. This adopted by unanimous vote of the council, but with five negative votes in the lower house, brought an equally complimentary reply from Adams. In his address delivered to the Legis- lature on the day of their adjournment, St. Clair discussed at considerable length the differences which had existed between the Legislature and the Governor. The principal matter of differ- ence related to the erection of new counties which
St. Clair insisted was a peculiar prerogative of the Governor and which the Legislature thought came within its own jurisdiction.
The feeling over the action of the Governor in vetoing so many bills on the last day of the session aroused much contention throughout the Territory. This action was particularly objec- tionable to many present who were contemplat- ing the erection of new towns for county seats which now must wait for at least another year.
The death of General Washington which be- came known in Cincinnati in January, 1800, had a tendency to quiet all contention for a time. The more one studies the history of the time and the more familiar one becomes with the most in- timate correspondence of the day, the more strongly is one impressed with the general af- fection and respect with which Washington was regarded. Despite the bitterness of party con- troversy, which for a time was carried on with a rancor that has never been surpassed and sel- dom been equaled in modern days and which even went so far as to make Washington an ob- ject of personal attack, the almost universal feel- ing of all classes was one of the most profound reverence and love. Although at the time of his death he held no office in the civil department of the government, to many he was still the con- " trolling influence in the country and the fact that when the possibility of war suggested itself all turned toward him as the natural leader shows the light in which he was regarded. To no one was his death a matter of deeper personal grief than to St. Clair. He had been a com- panion at arms and associate through the most trying days of the Revolution and afterwards when he himself had suffered the greatest defeat sustained by the American arms within the mem- ory of men then living Washington had judged him fairly, despite the popular clamor, and had sustained him with his friendship and respect. Throughout the Territory many of the most prominent citizens had been bound by ties of close friendship to Washington. It was not un- natural that at Cincinnati the event should be ob- served by the most solemn funeral honors. The account of the funeral services is given in an- other chapter.
The two sessions of the General Assembly which stood adjourned to meet at Cincinnati on the first Monday of November, 1800, met in obedience to the act of Congress at Chillicothe. The session was opened by the Governor in a speech which showed the growth of the discord between him and many of the citizens. After
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going at length into the various matters which demanded their attention, he referred to the fact that his term of office would soon expire and that it was uncertain whether he should ever meet another assembly. "For I well know that the vilest calumnies and the grossest falsehoods are assiduously circulated among the people with a view to prevent it. *
* I am certain that be my successor who he may, he can never have the interests of the people of this Territory · more truly at heart than I have had nor labor more assiduously for their good than I have done; and I am not conscious that any one act of my administration has been influenced by any other motive than a sincere desire to promote their welfare and happiness." Although it is probable that much of St. Clair's subsequent un- happiness resulted from faults of his own tem- perament, a survey of his career seems to lead to the conclusion in the mind of any unpreju- diced observer that the statement just made is a truthful one.
Both the council and representatives answered his address in complimentary terms, although in the latter body there were seven nays to the ten ayes that carried the reply. Almost the first action of the body was to elect a successor to Mr. Harrison. William McMillan of Hamilton County was duly elected to fill the vacancy until the fourth day of March and Paul Fearing of Marietta for the two years thereafter.
A joint committee of the two houses prepared an address to the Governor on the differences of opinion which existed between both houses and the chief magistrate as to the power to lay out new counties. This right it was claimed was a purely legislative one. It was also suggested that the Governor should notify the General Assem- bly of bills which he did not approve in order that his objections could be considered by that body. St. Clair's argumentative disposition was too pronounced to permit such an opportunity to pass without an elaborate reply in which he insisted that he was a coordinate part of the law- making power. He did not view the second sug- gestion with approval, but thought that a re- spectable representation to Congress praying an alteration of that part of the Ordinance the proper remedy. The view taken by the General Assembly was finally approved by Congress.
This whole matter seems to have been re- garded as one of great consequence and even the writers of the present day treat it with great feeling. The editor of the "St. Clair Papers," William Henry Smith, speaks in very strong
terms of those who were opposed to St. Clair's view : "The greed which characterized the trans- actions in land actuated those who were specu- lators to seek to. control the establishment of county towns. They hoped thereby to increase the value of their lands as the public improve- ments, in the way of buildings and roads and superior school advantages incidental to a county seat, would attract a better class of set- tlers to such neighborhoods. Hence the hot strife over this business." (St. Clair Papers, Vol. I, p. 221.)
ST. CLAIR REAPPOINTED.
In view of the fact that it was supposed to be the policy of the government to encourage the settlement of new counties and that in this way only could the new country be opened up, this criticism seems uncalled for. The situation be- came more strained when on December 3rd the Governor notified the Legislature that on Thurs- ciay, the 9th of the month, an end must be put to the session, as on that day his term would ex- pire and there was no provision of law by which the Secretary could take his place after the ex- piration of his term. It is claimed that a scheme existed by which Charles Wylling Byrd, the Secretary, who was unfriendly to the Governor, was to become acting Governor and together with the General Assembly carry out the plans of those who desired the erection of the new coun- ties. Even Judge Burnet, a strong supporter of St. Clair, seems to feel that his action in this particular was injudicious. However, the Legis- lature made no remonstrance and on the 9th of December, 1800, the second session of the Gen- eral Assembly came to an end. On December 22nd, the President sent St. Clair's nomination for reappointment to the Senate. With this he sent, however, a number of representations for and against the nomination. Action on the nom- ination was deferred for some time but on Fehe ruary 3, 1801, Senator Ross was able to write to his old friend that his nomination had been confirmed by a considerable majority but not without opposition. Senator Mason of Virginia in writing to Thomas Worthington of the result states that the charges made against St. Clair were not supported by the memorialists but that some voted for the appointment for fear that should he be rejected some person more . oh- noxious might be appointed. "and that it would only be exchanging an old and feeble tyrant for one more active and wicked." He suggests that
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the new House of Representatives could petition the new President for St. Clair's removal. .
THE GENERAL ASSEMBLY AT CHILLICOTHE. .
At the opening of the General Assembly at Chillicothe, November 26, 1801, which was con- vened on November 24, 1801, the last stage of the contest between the assembly and St. Clair was entered upon. This was really the first ses- sion of the new assembly. In the council there was but one change, Solomon Sibley of Detroit taking the place of Vanderburgh, who had been transferred to Indiana. The new members of the House of Representatives from Hamilton Coun- ty were Francis Dunlevy, Jeremiah Morrow, Moses Miller, Daniel Reeder and Jacob White. John Ludlow, who had succeeded Aaron Cad- well (removed from Territory), and John Smith entered upon their second term. The usual ad- dresses and responses were delivered at the out- set of the session. The response of the council congratulated St. Clair upon his reappointment. Nothing was said about him in the response of the House of Representatives. Edward Tiffin was chosen Speaker of the house, John Reily, clerk, and Edward Sherlock, doorkeeper.
TITE CIIILLICOTHIE MOB.
On January Ist an act was passed, changing the seat of government from Chillicothe to Cin- cinnati. Shortly previous to this, an act had, been passed declaring the assent of the Territory to an alteration in the Ordinance for the govern- ment thereof, the object of which wa's to effect a change in the boundaries of the three States first to be formed therein. This act passed the council by a unanimous vote but in the house seven members signed a protest against it. The great objection to it was that a division into three States would retard the establishment of a State government. The party of Mr. Jefferson, which was then in control of Congress, relied upon new States to strengthen their position and for this reason when the law was presented to Congress at its next session it was not sanc- tioned. These two acts aroused feeling to fever heat in Chillicothe which resulted in a disgrace- ful mob, led by a dissolute young demagogue named Baldwin. This mob took possession of the town for two nights ( December 23rd and 24th) and particularly threatened those mem- bers of the Legislature who had been most out- spoken in political opposition to the views of the State party. The door of the house, in which
the Governor and one of the members who had voted for the bills were living, was burst open by the rioters but they were driven back at the point of a pistol. St. Clair, who was burnt in effigy, did not seem to hold Worthington in any way responsible, for in writing to Senator Ross he speaks of the splendid exertions of Mr. Worthington, who went so far as to threaten Baldwin with death, and also says that had he not come in, mischief would have ensued. St. Clair complained to a magistrate, asking that the malefactors be bound over; instead of that being done, they were found not guilty and dis- missed.
THE INCORPORATION OF CINCINNATI.
Among other acts passed by this Legislature was the act of January 1, 1802, incorporating the town of Cincinnati. The assembly was ad- journed January 23, 1802, to meet on the 4th day of November next at Cincinnati. When that time had arrived, the State convention was in session considering the constitution and at the. request of that body Governor St. Clair post- poned the day of the meeting of the General As- sembly. As a result it never met again.
Immediately after the passage of the act with regard to the change of boundaries, the war against St. Clair became an open one. St. Clair claimed that he had never seen the bill prior to its introduction but it was very much like the one outlined in his letter some time before. It was introduced by Judge Burnet, one of St. Clair's partisans. The Judge in his "Notes" makes very little reference to it. The minority issued an appeal to the people to aid in obtaining the authority of Congress to ereet a State gov- ernment within the bounds assigned in the Ordi- nance to the first State and Worthington went to Washington with petitions and remonstrances against the recommendation of the Legislature. It soon became apparent that not only avould that not be granted but that statehood would be given if desired. The fact that the Ordinance required a population of sixty thousand when there were but forty-five thousand in the district cut no figure.
The situation was a clear one. Mr. Jefferson and his friends favored the creation of the new States as rapidly as possible and the dissensions in the Territory made this a favorable oppor- timity for action. The suggestion of the General Assembly with regard to new boundaries was re- jected by a vote of 81 to 5.
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THIE CONSTITUTIONAL CONVENTION.
On April 30, 1802, Congress passed an act authorizing a convention of delegates to be elected in October by the votes of that part of the Northwest Territory bounded on the east by Pennsylvania, on the south by the Ohio River, on the west by a line drawn from the mouth of the Big Miami River due north to an east and west line passing through the south extremity of Lake Michigan and by this line and the Canada line through Lake Erie to the west line of Penn- sylvania.
The convention was directed to meet in No- vember at Chillicothe and thereupon to determine whether it was expedient to establish a State government. If decided to be expedient, the con- vention was authorized to proceed to the adop- tion of a constitution and formation of a State government which were to be republican and in accordance with the Ordinance of 1787. Two objectionable conditions were annexed. One was that exempting public lands from taxes for five years in return for a gift of section 16 in each township for schools and the other was reserving to Congress jurisdiction of the territory now known as the southern part of Michigan.
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