USA > Ohio > Franklin County > Columbus > Centennial history of Columbus and Franklin County, Ohio, Vol. I > Part 8
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sented and punished. Red Jacket was the principal speaker and was in- temperate and personal in his remarks. Accusations, pro and con, were made by the different parties, accusing each other of being foremost in selling land to the United States. The Shawnees were particularly marked out as more guilty than any other; that they were the last coming into the Ohio coun- try and although they had no right but by the permission of the other tribes, they were always the foremost in selling lands. This brought the Shawnees out, who retorted through head chief, the Black Hoof, on the Senecas and Wyandots with pointed severity. The discussion was long continued, calling out some of the ablest speakers, and was distinguished for ability, cutting sarcasm and research, going far back into the history of the natives, their wars, alliances, negotiations, migrations, etc. I had attended many councils, treaties and gatherings of the Indians, but never in my life did I witness such an outpouring of native oratory and eloquence, of severe rebuke, taunting national and personal reproaches. The council broke up later in great con- fusion and in the worst possible feeling. A circumstance occurred toward the close which more than anything else exhibited the bad feeling prevail- ing. In handing round the wampum belt, the emblem of amity, peace and good will, when presented to one of the chiefs, he would not touch it with his fingers but passed it on a stick to a person next to him. A greater in- dignity, agreeable to Indian etiquette could not be offered.
A Day of Disappointment.
"The next day appeared to be one of unusual anxiety and despondence- among the Indians. They could be seen in groups everywhere near the council house in deep consultation. They had acted foolishly-were sorry- but the difficulty was, who would present the olive branch. The council con- vened very late and was very full; silence prevailed for a long time; at last the aged chieftain of the Shawnees, the Black Hoof, rose-a man of great influence and a celebrated warrior. He told the assembly that they had acted like children and not men yesterday; that he and his people were sorry for-
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the words that had been spoken and which had done so much harm; that he came into the council by the unanimous desire of his people to recall those foolish words and did there take them back-handing round strings of wampum, which passed around and were received by all with the greatest satisfaction. Several of the principal chiefs delivered speeches to the same effect, handing round wampum in turn, and in this manner the whole diffi- culty of the preceding day was settled and to all appearances forgotten. The Indians are very civil and courteous to each other and it is a rare thing to see their assemblies disturbed by unwise or ill-timed remarks. I never wit- nessed it except upon the occasion here alluded to, and it is more than prob- able that the presence of myself and other white men contributed towards the unpleasant occurrence. I could not help but admire the genuine philosophy and good sense displayed by men whom we call savages, in the transaction of their public business, and how much we might profit in the halls of our legislature, by occasionally taking for our example the proceed- ings of the great Indian council at Upper Sandusky."
The Original Charter.
The joint resolution on February 12, 1812, merely declared that the name of the future capital should be Columbus-the town of Columbus-leaving it without municipal form, and to all intents and purposes, under the direct control of the legislature. As already shown, it assumed that direction and proceeded to appoint an overseer or supervisor, who took charge of it liter- ally, and from his dicta there was no appeal except to the legislature itself. The necessity of a municipal government soon manifested itself, and the following act of incorporation was passed by the legislature :
An Act to incorporate the town of Columbus in the County of Franklin.
Sec. 1. Be it enacted by the general assembly of the state of Ohio. That so much of the township of Montgomery, in the county of Franklin, as is comprised within the following limits, that is to say: commencing at the southwest corner of the half section of Refugee land, number twenty- five, of township five, in range twenty-two, on the bank of the Scioto river, thence with the southern boundary line of said half section, east, to the southeast corner thereof; thence north, with the eastern boundary of said half section, number twenty-five, and that of number twenty-six, and eighty poles on that of half section, number twelve; thence west, across half sec- tions numbered twelve and ten, to the western boundary of the latter half section; thence north with the western boundary of said half section num- ber ten, to the northwest corner thereof; thence west, on the north bound- ary lines of half sections numbered ten and nine, to the northwest corner of the last named half section; thence south with its western boundary line. to the bank of the Scioto river; thence down said river, to the place of be- ginning, shall be, and the same is hereby erected into a town corporate, henceforth to be known and distinguished by the name of the borough of Columbus, subject however, to such alterations as the legislature may from time to time think proper to make.
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Sec. 2. Be it further enacted, That it shall be lawful for the qualified electors, who shall have been resident in said town of Columbus six months, to meet at the Columbus Inn, on the first Monday of May next, and then and there elect by ballot nine suitable persons, being citizens, freeholders or house keepers, and inhabitants of said town, to serve as mayor, recorder, and common councilmen of said town; and the persons thus elected, shall within ten days after their election, proceed to choose out of their own body by ballot, a mayor, recorder, and treasurer; and the remaining six, in conjunction with the mayor, recorder and treasurer, shall act as com- mon councilmen; and the mayor, recorder, treasurer, and common council- men thus elected, shall at their first meeting determine by lot what term they shall severally serve; three of them shall serve until the next annual election; three others of them for two years; and the last three for three years; and at every annual election, which shall be on the first Monday of May, in every year, there shall be elected three new members of said body, who shall continue in office three years, and until their successors shall be elected and qualified.
Sec. 3. Be it further enacted, That the mayor, recorder, treasurer and common councilmen so elected, and their successors in office, shall be, and they are hereby made a body corporate and politic, by the name and style of, the mayor and council of the borough of Columbus; and by the name aforesaid, shall have perpetual succession, with power to purchase, receive, possess and convey any real or personal estate for the use of the said town of Columbus: Provided, The annual income thereof shall not exceed four thousand dollars; and shall also be capable in law by the name aforesaid, of suing and be sued, pleaded and being impleaded, in any action in any court of this state; and when any action or suit shall be com- menced against the corporation, the service shall be by the officer leaving an attested copy of the original process with the recorder, or at his usual place of abode, at least three days before the return thereof; and the said mayor and common council are hereby authorized to have a common seal, with power to alter the same at their discretion.
Sec. 4. Be it further enacted, That the person first elected mayor of said borough of Columbus, shall within ten days after his election, take an oath of affirmation before some justice of the peace for said county of Frank- lin, for the faithful performance of the duties of his office; and every per- son who shall thereafter be elected mayor, shall be qualified to office by one of the board of said common council; and every recorder, treasurer and common councilman, before he enters on the execution of the duties of his office, shall take an oath or make affirmation before the mayor for the time being, for the faithful performance of his duty.
Sec. 5. Be it further enacted, That the mayor and members of the common council shall have power to appoint an assessor, a town marshal, a clerk of the market, a town surveyor and such other subordinate officers as they may deem necessary; and to give such fees to the recorder and other officers of the corporation, and impose such fines for refusing to accept such offices, as to them shall appear proper and reasonable.
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Sec. 6. Be it further enacted, That the mayor and common council shall have power in the month of July, annually, to levy a tax within said borough, upon all objects of taxation for county purposes; but no tax shall be levied exceeding the rates prescribed by law for county purposes; and the assessor shall be governed in the discharge of his duty by the rules and reg- ulations to be established by the mayor and common council: Provided, nothing herein contained shall be considered as prohibiting the said mayor and common council from levying a tax on dogs.
Sec. 7. Be it further enacted, That the mayor and common council shall have power to erect and repair such public buildings as they may deem necessary for the benefit of said town; and make and publish such laws and ordinances, and the same from time to time to alter and repeal as to them may seem necessary for the safety and convenience of said town of Columbus and its inhabitants: Provided, such laws and ordinances are not contrary to the constitution and laws of the United States or of this state; and the mayor shall have full power and authority to administer oaths, impose reasonable fines on such persons as shall offend against the laws and ordinances made as aforesaid; to levy and cause to be collected, all such fines by warrant under his hand, directed by the town marshal, who is hereby empowered to collect the same by distress and sale of the goods and chattels of the delinquent, and the same to pay to the treasurer of the cor- poration ; and when goods and chattels cannot be found whereon to levy, to commit the body of the offender to prison, there to remain until such fine shall be paid, or until he shall be discharged by order of the corpora- tion: Provided always, That no person shall be imprisoned under the provi- sions of this section, more than twenty-four hours at any one time.
Sec. 8. Be it further enacted, That the mayor and his successors in office, are hereby vested with powers coequal with justices of the peace within the corporation and shall have power to exercise the same jurisdiction and authority in civil and criminal cases within the limits of said borough, and be entitled to the same fees as justices of the peace in like cases; all process shall be directed to the town marshal who is hereby authorized and em- powered to exercise the same powers in serving such process, levying execu- tion, and making distress or delinquents in civil and criminal cases, and shall be entitled to the same fees as constables are; but it shall not be law- ful for the said mayor or town marshal to take cognizance of or hold plea in any debt, personal or mixed, except the defendant shall reside within the limits of the corporation aforesaid.
Seç. 9. Be it further enacted, That the town marshal shall collect all taxes assessed by the corporation, and he is hereby authorized and required to collect and pay over to the treasurer all such sums of money as shall be assessed for the use of said corporation, within three months from the time of his receiving a duplicate thereof; and the treasurer's receipt shall be his voucher, on his settlement with the common council, which shall be when thereunto required by them, after the expiration of three months as above; the town marshal shall give ten days notice before he makes distress for the collection of any tax; and if the tax on any lot on which no personal
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property can be found, shall remain unpaid two months after the expira- tion of the three months aforesaid, the said town marshal shall give notice in one or more of the newspapers printed in said town, of the amount of such tax, and the number of the lot on which it is due; and if said tax shall not be paid within two months after the date of such advertisement, the town marshal shall in such case proceed to sell so much of such lot or lots as will discharge the same, taking the part sold in such a manner as will include the same distance on the back line of the lot, as on its front line; Provided, That the former owner may at any time within one year there- after, redeem the lot or part thereof so sold, by paying to the purchaser, his or her heirs, executors or administrators, the amount of said tax, and and one hundred per centum damages thereon.
Sec. 10. Be it further enacted, That the town marshal and treasurer shall each before he enters on the duties of his office, give bond with secur- ity to the recorder, to be approved of by the common council, conditioned for the faithful discharge thereof; the treasurer shall pay over all moneys by him received, to the order of the mayor and common council, and shall when required submit his books and vouchers to their inspection.
Sec. 11. Be it further enacted, That it shall be the duty of the recorder to make and keep a just and true record of all and every law and ordinance made and established by the mayor and common council, and of all their proceedings in their corporate capacity; and the record so made, shall at all times be open to the inspection of any elector of said town; and if any per- son shall think himself aggrieved by any judgment of the mayor, it shall be lawful for such person to appeal to the court of common pleas, within ten days after such judgment; and it shall be the duty of said court to hear such appeal, and give such relief as shall appear to them reasonable.
Sec. 12. Be it further enacted, That the annual election shall be opened at twelve o'clock, and closed at four o'clock in the afternoon of said first Monday in May; at the first election, two judges and a clerk who are electors, shall be appointed by the electors present, who shall each take an oath faithfully to discharge the duties of his appointment; and at all sub- sequent elections the mayor, recorder, treasurer or common council, or any three of them, shall be judges of the election, and shall cause a statement of the votes to be publicly declared, and a fair record thereof made by the clerk on the same day, who shall notify the persons elected to the respective offices, within two days thereafter, by giving personal notice, or by leaving a written notice at their most usual place of residence; and it shall be the duty of the recorder, every year, after the first election, to set up or cause to be set up, at least ten days previous to the first Monday in May, notice of the election, in five of the most public places in said town.
Sec. 13. Be it further enacted, That in case of a vacancy in the office of mayor, recorder, or treasurer, the vacancy shall be supplied from the common council; and in case of a vacancy in the common council, it shall be supplied by the mayor, recorder, treasurer and common council men, from among the electors of said town; and in case of misconduct in office of
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the mayor, recorder, treasurer, common council men or any subordinate officer, the others have hereby power to remove him or any of them, by an agreement of a majority of two thirds concurring.
Sec. 14. Be it further enacted, That in case of the absence or inabil- ity of the mayor, it shall be the duty of the recorder to act in his stead, who shall at all times when the mayor resumes his office, render to him an ac- count of his transactions during such absence or inability.
Sec. 15. Be it further enacted, That the corporation shall use the jail of the county of Franklin, for the confinement of all such persons as by the laws of the corporation may be liable to imprisonment; and all persons thus imprisoned, shall be under the charge of the sheriff of the county.
Sec. 16. And be it further enacted, That no law shall ever be made by this corporation, subjecting cattle, sheep or hogs, not belonging to any of the residents of said borough, to be abused or taken up and sold for coming within the bounds thereof.
MATTHIAS CORWIN, Speaker of the House of Representatives. PETER HITCHCOCK, Speaker of the Senate.
February 10, 1816.
Pregnant With Great Results.
As heretofore suggested, the conference described was pregnant with great results, and had much to do in determining the immediate destiny of all that portion of the new republic lying west and northwest of the Alle- ghenies and south of the great chain of lakes. Having broken the French power in the Canadas, to lose in turn her own colonies in the American Revolution, the British government still fondly hoped to reconquer the re- public, and bring the entire continent, at least north of the Rio Grande, under the British flag and sceptre.
It is pretty well settled that the British aggressions, which led up to the war of 1812, had for their purpose the provocation of hostilities between the old nation and the infant republic. The English statesmen and soldiers apparently imagined that the republic was too poverty-stricken to maintain its existence in another war, and it provoked rejoicing rather than surprise in government circles in London when the United States declared their readiness and their determination to defend their rights against all comers and demonstrate that an American was not inferior to a king in all proper sovereignty.
It is also clear that it was part of the program to threaten the republic from the sea and from Lower Canada, thus engaging all the military forces of the original states in self-defense, and leave all the vast empire lying west and northward in a defenseless and undefendable state, thus allowing the savage tribes in the northwest the opportunity to sweep away the white settlements which were scattered over the territory now comprising Ohio,
APPROACH TO SCHILLER MONUMENT. CITY (SCHILLER) PARK.
I
A RUSTIC BRIDGE. CITY (SCHILLER) PARK.
A Favorite Place for Both Children and Love Stricken Lads and Lassies.
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Kentucky, Michigan, Indiana and Illinois, and form a junction with the British armies in Virginia or Pennsylvania, or some other advantageous spot that would paralyze the new nation.
After that the Indian allies would return to their wilderness domain, England would resume control of the lost colonies, a modified and a better form of government, would follow the once colonial system of the crown, and England would in the course of a century or two dominate the whole continent and build up the most splendid empire since the days of Persian greatness and opulence.
All this was changed by that conference across the river, and what- ever of cohesive alliance of all the Indian tribes, under the tutelage of the Canadian representatives of the crown was dissipated, when the wise chief Tarhe, who had not only learned to respect Americans but was able to esti- mate them as warriors, gave the keynote to his fellows that prevented an alliance, which if once consummated, would have made it impossible for the United States forces to have invaded Canada and put England herself on the defensive.
To the military and statesmanic genius of General William Henry Harrison and the lofty idea of humanity entertained by Tarhe and his fel- low chiefs and counselors, powerful enough to move and control all the northwestern tribes in the very crisis of an epoch, is due the fact that the growing young state of Ohio and its log cabin capital, were not whelmed in a century of darkness and disaster, from which but a slow recovery was to be expected, even if any semblance of the present political, commercial, social and educational conditions had been possible by the morning of the twentieth century.
The commemoration of the event and the spot by the Daughters of the American Revolution, however, we have every reason to hope and be- lieve will in the course of coming years incite the people of a great city, the heart of a great state, to build other memorials to the simple minded sons of the forest, who seem to have apprehended the true vision of the future.
The New Political Era.
It is but just to say, however, that the sentiment of British statesman- ship, current in the opening of the eighteenth century, does not exist in the beginning of the twentieth, and the two nations interested are mutually grateful that the Harrison-Tarhe conference was held, that the then pos- sible horrors of savage warfare were averted, and that Anglo-American pol- itics and statesmen (probably as one of the outflowing consequences) are second to none in the uplifting of manhood and liberal ideas of political governments.
Following the event thus historically dwelt on to bring out the strik- ing lights it throws upon current history and the state of which it is the capital went forward with full confidence in the future-a confidence that time has most amply justified.
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The State Offices Assembled at Columbus.
In the fall of 1816, the state offices were removed from Chillicothe to Columbus, and on the first Monday of December, in the same year, the legislature commenced its first session in the then new state house in Colum- bus. The proprietors, having finished the public buildings and deeded the two ten acre lots to the state, agreeably to their proposals, at this session they presented their account for the erection of the public buildings; and by an act passed the 29th of January, 1817, the governor was authorized to settle and adjust the account, and the auditor required to draw on the treasurer for the balance found due after deducting the fifty thousand dol- lars which the proprietors were by their proposals bound to give.
In the settlement, after deducting from the charge for carpenter work some six or seven per cent, and the fifty thousand dollars, there was found a balance of about thirty-three thousand dollars due the proprietors, which was paid by the state, and thus closed this heavy and responsible enterprise.
A Practical Hanse Town.
This "Charter" is to be taken as the type of municipal organization at the beginning of the century. It was as Hanseatic in its latitude and free- dom, as were the Hanse towns in Europe of the previous century and still more remote. It was home rule in its simplicity save as to the eligibility to office. While the elector was only required to be a native born or natural- ized citizen of the United States and six months a resident, there were two important restrictions as to eligibility to office. Under this rescript to be eligible to an elective office the aspirant must either be a freeholder or a housekeeper. In other words, he must either be the owner of real estate or the head of a family and "keeping a house."
The advantages of the two classes were equalized and adjusted, how- ever. The bachelor or widowed landowner was eligible to office. So, also, was the landless head of a family, sheltered under the clapboard roofed cabin. To the appointive offices, save in occasional exceptions, both classes were equally eligible.
The original body determined the tenure of its numbers, dividing them into three classes of three years tenure each, after the first two years, three holding for one year, three for two and three for three, three being elected annually. This did not precisely make the mayor, recorder, treas- urer and common council a self-perpetuating body, owing to the fact that in those days an occasional public officer knew when he had enough. The nine members of the borough council, who were the corporation itself, elected the mayor, recorder and treasurer from their own number. Two- thirds of them were in office when the remaining third were candidates for election to office, and as the whole body had the power to appoint all the subordinate officers of the town and control its entire business, expenditures, levies, etc., there was an opportunity for self-perpetuation at least. Whether it was taken advantage of or other is left to the judgment of the reader,
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when he looks over the entire list of mayors, recorders, treasurers and councilmen, as well as the inferior officers on a later page, covering the en- tire borough period from 1816 to 1834.
The duties of the officers were plain and simple, and the borough gov- ernment was not an onerous one; the population grew and Columbus in- creased in importance; there were no official scandals, and the people were, as a rule, satisfied. The final section forbidding the borough council to pass any law "subjecting cattle, sheep or hogs not belonging to the resi- dents of said borough, to be abused or taken up and sold," is strikingly humane. They might abuse, take up and sell their own cattle, sheep and hogs, but such chattels belonging to the stranger and the outsider must receive respectful and humane treatment-a nineteenth century legislative rendition of the Golden Rule in behalf of domestic animals.
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