USA > Ohio > Greene County > History of Greene County : together with historic notes on the Northwest, and the state of Ohio, gleaned from early authors, old maps and manuscripts, private and official correspondence, and all other authentic sources > Part 87
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I' have aimed in this address to give an exact picture of what Ohio is, not more for the sake of Ohio than as a representation of the products which the American republic has given to the world. A state which began long after the Declaration of Independence,
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in the then unknown wilderness of North America, presents to-day. the fairest example of what a republican government with Chris- tian civilization can do. Look upon this picture and upon those of Assyria, of Greece or Rome, or of Europe in her best estate, and say, where is the civilization of the earth which can equal this ? If a Roman citizen could say with pride, " Civis Romanus Sum," with far greater pride can you say this day, "I am an American citizen."
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ORDINANCE OF 1787.
[ THE CONFEDERATE CONGRESS, JULY 13, 1787.]
An Ordinance for the government of the territory of the United States northwest of the river Ohio.
SECTION 1. Be it ordained by the United States in Congress assembled, That the said territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it ex- pedient.
SEC. 2. Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased child in equal parts, the descendants of a deceased child or grandchild to take the share of their deceased parents in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree ; and among collaterals, the chil- dren of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the per- sonal estate; and this law relative to descendants and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or be- queathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses ; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two
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witnesses, provided such wills be duly proved, and such convey- ances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers, shall be appointed for that purpose; and personal pro- perty may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyances of property.
SEC. 3. Be it ordained by the authority aforesaid, That their shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, un- less sooner revoked by Congress; he shall reside in the district, and have a free hold estate therein, in one thousand acres of land, while in the exercise of his office.
SEC. 4. There shall be appointed from time to time, by Con- gress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a free hold estate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings every six months to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law jurisdiction, and reside in the district, and have each therein a free- hold estate, in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior.
SEC. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best suited to the cir- cumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organ- ization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit.
SEC. 6. The governor, for the time being, shall be commander-
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in-chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress.
SEC. 7. Previous to the organization of the general assembly the governor shall appoint such magistrates, and other civil officers, in each county or township, as he shall find necessary for the pre- servation of the peace and good order in the same. After the general assembly shall be organized the powers and duties of mag- istrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor.
SEC. 8. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the districts in which the Indian titles stall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature.
SEC. 9. So soon as there shall be five thousand free male inhab- itants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly : Provided, That for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of. representa- tives shall amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legislature : Provided, That no person be eligible or qualified to act as a repre- sentative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee-simple, two hundred acres of land within the same: Provided also, That a freeholder in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative.
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SEC. 10. The representatives thus elected shall serve for the term of two years; and in case of the death of a representative, or re- moval from office, the governor shall issue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the residue of the term.
SEC. 11. The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress ; any three of whom to be a quorum; and the members of the council shall be nominated and appointed in the following manner, to-wit : As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together, and when met they shall nominate ten persons, resident in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representa- tives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Con- gress shall appoint and commission for the residue of the term ; and every five years, four months at least before the expiration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and com- mission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of rep- resentatives shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the general assembly when, in his opinion, it shall be expedient.
SEC. 12. The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office; the governor before the President of Congress and all other officers before the
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governor. As soon as a legislature shall be formed in the district, the council and house assembled, in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, dur- ing this temporary government.
SEC. 13. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory; to provide, also, for the establishment of States, and permanent gov- ernment therein, and for their admission to a share in the Federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest :
SEC. 14. It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States, and the people and States in the said territory, and forever remain unalterable, unless by common consent, to-wit :
ARTICLE I.
No person, demeaning himself in a peaceable and orderly man- ner, shall ever be molested on account of his mode of worship, or religious sentiments, in the said territories.
ARTICLE II.
The inhabitants of the said territory shall always be entitled to the benefits of the writs of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the con- mon law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or prop- erty, but by the judgment of his peers, or the law of the land, and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his par- ticular services, full compensation shall be made for the same.
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And, in the just preservation of rights and property, it is under- stood and declared, that no law ought ever to be made or have force in the said territory, that shall, in any manner whatever, in- terfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
ARTICLE III.
Religion, morality, and knowledge being necessary to good gov- ernment and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty they never shall be invaded or dis- turbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserv- ing peace and friendship with them.
ARTICLE IV.
The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said ter- ritory shall be subject to pay a part of the Federal debts, contracted, or to be contracted, and a proportional part of the expenses of gov- ernment to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States ; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district, or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any re- gulations Congress may find necessary for securing the title in such soil to the bona-fide purchasers. No tax shall be imposed on lands
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the property of the United States ; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be ad- mitted into the confederacy, without any tax, impost, or duty therefor.
ARTICLE V.
There shall be formed in the said territory not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to-wit: The western State, in the said territory, shall be bounded by the Mississippi, the Ohio, and the Wabash Rivers; a direct line drawn from the Wab- ash and Post Vincennes, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincennes to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern state shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line ; Provided, however, And it is further understood and declared, that the boundaries of these three States shall be sub- ject so far to be altered, that, if Congress shall hereafter find it ex- pedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michi- gan. And whenever any of the said States shall have sixty thou- sand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects whatever; and shall be at liberty to form a permanent constitution and State govern- ment: Provided, The constitution and government, so to be form- ed, shall be republican, and in conformity to the principles con- tained in these articles, and, so far as it can be consistent with the general interests of the confederacy, such admission shall be al-
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lowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.
ARTICLE VI.
There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted : Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid.
Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed, and declared null and void.
Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth.
XENIA PAPER MILL.
About three years ago, plans for an extensive paper manufactory were made by Mr. Walter Hagar, but owing to circumstances averse to their consummation, the enterprise was, for the time being aban- doned. May 1, 1881, the subject was revived, and a permanent or- ganization took place, with Hon. John Little, president; T. C. Tre- bein, vice-president; John L. Ankeny, treasurer; Charles Shearer, secretary ; Waltar Hagar, superintendent. Capital, $20,000.
Six acres of ground, east of the Toledo, Delphos and Burlington Narrow-Gauge Railroad, in the western part of the city of Xenia, and lying between West Street and said railroad, were purchased, and on these grounds, so advantageously located, contiguous to the railways, were erected buildings of superior construction for carry- ing on the business.
The main building is a two-story brick, 40x70; boiler room, 43x 46; machine room, 28x90; finishing room and office, 24x60 ; bleach house (frame), 28x88; well house, 30x16; lime house, 12x24.
The bleach room contains two tubs, twelve feet in diameter and fourteen feet high, in which the straw is boiled in a solution of lime, to reduce it to a fiber.
The engine has a one-hundred-horse power, with two boilers, each twenty-four feet long, and fifty-four inches in diameter.
The company expect to employ twenty-five hands, consume five tons of straw per day, and manufacture from five to seven thousand pounds of paper daily.
This enterprise is a credit to the city, which has hitherto borne rather an unenviable reputation for its want of manufacturing en- terprise.
MISCELLANEOUS.
The Rope Walk, whose history was promised us, but which it was impossible to obtain, although we made every effort to obtain
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it, began in a very feeble way, and has since been developed into one of the largest establishments of the kind in the Union.
The Malleable Iron Works are under way; also on an extensive plan.
The Fire Department, whose history, with splendid organization and reported fastest time on record, we made every effort to obtain, but after expending time and money, were compelled to abandon.
Xenia College, whose history was solemnly promised to us, and . for which we delayed the publication one week, was not furnished.
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GREENE COUNTY OFFICIALS.
In case of reference, to facilitate investigation, we place the fol- lowing list in this part of the work :
1803. Clerk of court, John Paul; county recorder, John Paul; sheriff, Nathan Lamme; county surveyor, James Galloway; prose- cuting attorney, Daniel Symmes; associate judges, Benjamin White- man, James Barrett, and William Maxwell.
1804. Clerk of court, John Paul; county recorder, John Paul; sheriff, Nathan Lamme; county commissioners, Jacob Smith, James Snoden, and John Sterritt; county surveyor, James Galloway ; prosecuting attorney, Arthur St. Clair; associate judges, Benjamin Whiteman and James Barrett.
1805. Clerk of court, John Paul; county recorder, John Paul ; sheriff, William Maxwell; county commissioners, Jacob Smith, James Snoden, and John McLane; county surveyor, James Gallo- way; associate judges, Benjamin Whiteman and James Barrett.
1806. Clerk of court, John Paul; county recorder, John Paul; sheriff, William Maxwell; county commissioners, James Snoden, John McLane, and William Beatty; county surveyor, James Gal- loway; associate judges, David Huston, and James Barrett.
1807. Clerk of court, John Paul; recorder John Paul; sheriff, James Collier; commissioners, James Snoden, ohn McLane, and Andrew Read; surveyor, James Galloway; associate judges, David Huston, and James Barrett.
1808. Clerk of court, John Paul; recorder, John Paul ; sheriff, James Collier; commissioners, John McLane, Andrew Read, and James Morrow ; surveyor, James Galloway ; prosecuting attorney, John Alexander; associate judges, David Huston and James Bar- rett.
1809. Clerk of court, Josiah Grover; recorder, Josiah Grover; sheriff, James Collier ; treasurer, J. Galloway, sen .; commissioners, Andrew Read, James Morrow, and William Buckles; surveyor,
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James Galloway ; prosecuting attorney, John Alexander; associate judges, David Huston and James Barrett.
1810. Clerk of court, Josiah Grover; recorder, Josiah Grover; sheriff, James Collier ; treasurer, J. Galloway, sen .; commissioners, James Morrow, William Buckles, and John Haines; surveyor, James Galloway ; prosecuting attorney, John Alexander; associate judges, David Huston and Samuel Kyle.
1811. Clerk of court, Josiah Grover; recorder, Josiah Grover; sheriff, James Collier; treasurer, J. Galloway, sen .; commissioners, William Buckles, John Haines, and Samuel Gamble; surveyor, James Galloway; prosecuting attorney, John Alexander; associate judges, Samuel McClain and Samuel Kyle.
1812. Clerk of court, Josiah Grover; recorder, Josiah Grover; sheriff, James Collier; treasurer, J. Galloway, sen .; commissioners, John Haines, Thomas Hunter, and Peter Pelham; surveyor, James Galloway ; prosecuting attorney, John Alexander ; associate judges, John Wilson and Samuel Kyle.
1813. Clerk of court, Josiah Grover; recorder, Josiah Grover ; sheriff, James Collier; treasurer, John Hivling; commissioners, Thomas Hunter, Peter Pelham, and Benjamin Grover; surveyor, James Galloway ; prosecuting attorney, John Alexander; associate judges, Jacob Haines and Samuel Kyle.
1814. Clerk of court, Josiah Grover; recorder, Josiah Grover; sheriff, John Hivling; treasurer, John Hivling; commissioners, Thomas Hunter, Peter Pelham, and "Benjamin Grover; surveyor, James Galloway ; prosecuting attorney, William Ellsberry; associ- ate judges, Jacob Haines and Samuel Kyle.
1815. Clerk of court, Josiah Grover; recorder, Josiah Grover; sheriff, James Popenoe; treasurer, John Hivling; commissioners, Thomas Hunter, Samuel Gamble, and Peter Pelham; surveyor, James Galloway ; prosecuting attorney, William Ellsberry; associ- ate judges, Jacob Haines, Samuel Kyle, and David Huston.
1816. Clerk of court, Josiah Grover; recorder, Josiah Grover ; sheriff, James Popenoe ; treasurer, John Hivling; commissioners, Thomas Hunter, Samuel Gamble, and John Haines; surveyor, Mo- ses Collier; prosecuting attorney, Joshua Collett; associate judges, Jacob Haines, Samuel Kyle, and David Huston.
1817. Clerk of court, Josiah Grover; recorder, Josiah Grover; sheriff, James Popenoe ; treasurer, James Popenoe; commissioners, Thomas Hunter, John Haines, and David Conley; surveyor, Moses
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Collier ; prosecuting attorney, Joshua Collett; associate judges, Ja- cob Haines, Samuel Kyle, and David Huston.
1818. Clerk of court, Josiah Grover; recorder, Josiah Grover; sheriff, James Popenoe; treasurer, James Popenoe; commissioners, Thomas Hunter, David Conley, and Peter Pelham; surveyor, Moses Collier; prosecuting attorney, John Alexander; associate judges, Jacob Haines, Samuel Kyle, and David Huston.
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