USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Four > Part 7
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There were the following unjust laws on the statute books of Ohio:
A negro could not be a witness in court if a white man was a party in the case. If he was sued by a white man he could not testify in his own behalf.
No negro could settle in Ohio without furnishing a good bondsman guaranteeing, that he would not become a charge on the public.
No negro could vote, by reason of the constitutional provision of 1802.
The children of negroes were denied the benefit of the public schools, notwithstanding that the property of the negro was taxed equally with that of his white neighbors.
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These were known as the "Black Laws," and they were black indeed in their injustice, for under them freedom in Ohio was but a step removed from slavery in Kentucky. The State of Ohio was rapidly becoming ashamed of these laws, which were really enacted in the beginning at the instance of the slaveholders of adjoin- ing states. In his message of December 6, 1847, Governor William Bebb sounded the keynote of the Legislature. He said, after speaking of slavery, "Whilst upon this kindred subject I cannot forget that the Black Laws still disgrace our statute books. All I can do is earnestly to reiterate the recommendation for their unqualified repeal."
In the same session (1848-49) of the Legislature that occurred the legislative blockade and the heated contest over the seats of the Hamilton county mem- bers, these "Black Laws" were repealed. The bill was drawn by Salmon P. Chase, while at Columbus arguing a case before the Supreme Court, and was introduced by John F. Morse of Lake county. Follow- ing this important step came the election of Chase as United States Senator. The candidate of the Whigs was Thomas Ewing of Lancaster, while William Allen of Chillicothe was the choice of the Democrats. Many
of the Free Soil members, headed by Mr. Morse, desired the nomination of Joshua R. Giddings, then, and long afterward, a strong anti-slavery congressman from Morse's district. Norton S. Townshend, another Free Soiler, advocated Chase's nomination.
The contest was between the friends and enemies of slavery, and the Free Soilers had but one object in view; that was, to advance the sentiment of free soil
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and free speech. In fact, when Townshend was nomi- nated by the Legislature he was instructed by his con- stituency "to act with any party, or against any party, as in his judgment the cause of Freedom should require." Townshend and Morse were Independent Free Soilers, that is, they had been elected over both Whig and Democratic candidates in their respective counties, hence they wielded free lances and held the balance of power. Among both Whigs and Democrats in the Legislature were men of anti-slavery views and tenden- cies. What the Free Soilers wanted was a United States Senator. And this is how they got it. Mr. Morse proposed to the Whig members that if they would help repeal the "Black Laws" and elect Joshua R. Giddings Senator, he (Morse) and his colleague Townshend, who acting together could control results, would vote to put Whigs on the Supreme Bench. On the other hand Dr. Townshend made the proposition to the Democrats that if they would help repeal the "Black Laws" and elect Chase Senator, he (Town- shend) and his colleague Morse would vote for their candidates for Supreme Judges. These two proposi- tions were made with a clear understanding between the two free lances. Both political parties were ex- tremely anxious to have a majority in the Supreme Court, because it was supposed that political questions growing out of the Hamilton county contested seats would soon be before the Court.
Mr. Giddings was not acceptable to all the Whig mem- bers, and the Democrats accepted Dr.Townshend's prop- osition. The "Black Laws" were repealed, schools were provided for colored children, Salmon P. Chase was
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elected United States Senator, and two Democratic judges were elected to the Supreme Bench. To this bargain and coalition Mr. Chase was not a party directly or indirectly. It was suggested, arranged and consum- mated by Messrs. Townshend and Morse, who of course were under no obligation to either Whigs or Democrats and were in the Legislature to do such things as "the cause of Freedom should require."
The Governors of Ohio from 1840 to 1850, aside from Thomas Corwin and Wilson Shannon, whose careers have already been recorded, were Thomas W. Bartley, Mordecai Bartley, William Bebb, and Seabury Ford. With the exception of the first named, they were all elected and served one term only. Thomas W. Bartley, being Speaker of the Senate when Governor Corwin resigned to accept the Mexican Mission, became Gover- nor and acted as such for nine months in 1844. Governor Bartley afterwards was elected a Judge of the Supreme Court of Ohio and served two years. He finally removed to Washington, D. C., where he spent the remainder of his life in the practice of law. The Governor succeeding Thomas W. Bartley was his father, Mordecai Bartley, making the only instance in the history of the State where father and son filled that position.
Mordecai Bartley was born December 16, 1783, in Fayette county, Pennsylvania. He served in the War of 1812 as a captain of volunteers. In 1817 he was elected to the State Senate, and in 1823 to Congress, where he represented his constituency eight years. In 1844 he was a candidate for Governor, and was elected over David Tod. During the Mexican War he gave the
SEABURY FORD
Born in Cheshire, Connecticut, October 15, 1801, and came in boyhood with his parents to Burton, Geauga county, Ohio; was graduated from Yale and admitted to the bar; elected to the Legislature in 1835 and served six terms, being Speaker in 1840; elected to the State Senate, 1841; Governor, 1849-50; died in Burton, Ohio, May 8, 1855.
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THE RISE AND PROGRESS
elected United Statasogenauazsand two Democratic
bargain and. coalition. rt directly
of beffimbs bris alsY mort betsuberg asw ; one , vimos
were under no obligation to ci Rigs or Themocrats and were in the Legislatdre lo Auch things as "the .2881 cause of Freedom whodid. req
The Governor of Ohio From 1840 to 1850, aside from Thomas Corwin aml Wilson Shannon, whose careers have already been recorded, were Thomas W. Bartley, Mordecil Bartley, Willam Bebb, and Seabury Ford. With the exception of the first named, they were all elected and served one term only. Thomas W. Bartley, being Speaker of the Senate when Governor Corwin resigned to accept the Mexican Mission, became Gover- nor kend aried an mich for nine months in 1844. Governor Bartley Afterwards was elected a Judge of the Supreme Court of Ohio and served two years. He finally removed to Washington, D. C., where he spent the remainder of his life in the practice of law. The Govimor exceeding Thomas W. Bartley was his father, Morbosi Martes, making the only instance in the Hhtevy of the State white father and son filled that .position.
Mordecai Bartley was born December 16, 1783, in Fayette county, Pennsylvania. He served in the War of 1812 as a captain of volunteers, In 1817 he was elected to the State Senate, and in 1823 to Congress, where he represented his constituency eight years. In 1844 he was a candidate for Governor, and was elected over David Tod. During the Mexican War he gave the
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Government all the official support that he could, al- though personally he was opposed to the war. He died at Mansfield, October 10, 1870.
The parents of William Bebb came from Wales in 1795. He was born in Hamilton county in 1804. When twenty years of age he was teaching school at North Bend, Ohio, and resided at the home of General William H. Harrison. After his marriage, which oc- curred in 1824, he commenced to read law and was admitted to the bar in 1831. He moved to Hamilton, Ohio, and commenced the practice of law. He was elected Governor in 1846. After retiring from the governorship he devoted himself to land investments. In 1855 he visited Great Britain and formed a coloni- zation company to settle upon a thousand acres of land in East Tennessee. The enterprising colony was scattered when the Civil War broke out, and Governor Bebb fled, leaving his furniture and property. After this he served as an Examiner in the Pension Department, to which he was appointed by President Lincoln. He returned to farming at his home in Illinois in 1866, where the rest of his life was spent in peace. He died October 23, 1873.
Seabury Ford's father was one of the early settlers on the Western Reserve. He came from Cheshire, Con- necticut, where the future Governor was born in 1801. After passing through the boyhood of the pioneer youth of that day, his father sent him to Yale College, from which he graduated in 1825. He commenced to prac- tice law in 1827. In 1835 he was sent to the Legisla- ture from Geauga county and served for six terms. He was Speaker of the House in the session of 1840. In
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1841 he was elected to the State Senate. He was chosen Governor in 1848. His official documents show him to have been a man of strong convictions and fearless in expressing them. On the 8th of May, 1855, he died at his home in Burton, Ohio.
Early in January, 1849, a bill to submit to the people the proposition of holding a Constitutional Convention was considered in the Legislature. It was discussed at some length in the Senate, the assertion being fre- quently made by its opponents that the people were not asking by petition or otherwise for an opportunity to vote on this proposition. The Whigs, as a rule, voted against the bill, but a number of them favored it. It failed to receive the required majority in the Senate. On March 23d, of the same year, another bill, containing a similar provision, passed both houses and a campaign for a new Constitution for Ohio was transferred to the electors of the State.
The most ardent and effective advocate of the revi- sion of the Constitution was Samuel Medary of Colum- bus, editor of the Ohio Statesman. He was for many years one of the most active Democratic leaders of the State, and was a man of brilliant attainments, wield- ing a facile and aggressive pen. Not only did he advo- cate the holding of a Constitutional Convention through the columns of his paper, but on May 6, 1849, he com- menced the publication of The New Constitution, a weekly magazine, octavo size, devoted entirely to the cause. This publication contained, in addition to the views of the editor, numerous and extended reports of opinions of the press throughout the State
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favorable to the holding of a Convention. It can be said that probably no other agency exercised so great an influence in the canvass as did this magazine.
Its arguments in favor of the Convention were couched in strong and argumentative terms and it called to its aid some of the best political writers in the State. Its claims for a new Constitution can be summarized as follows:
I. That the first Constitution had been hastily and loosely drawn; that it had never been submitted to the people; that the State had outgrown the usefulness and limitations of that instrument.
2. That the judiciary system of the State should be thoroughly revised to the end that justice might be done without vexatious delay.
3. That the sessions of the General Assembly should be held biennially instead of annually.
4. That provision should be made requiring the General Assembly to refer every measure increasing the State debt to a vote of the people.
5. That State officers, including judges, should be elected by the people.
6. That corporations should be formed only under general laws.
The question of holding a Constitutional Convention was submitted to the voters of the State at the fall election in 1849, with the following results :
For the Convention. 145,698
Against the Convention. 51,16I
Total vote cast at election. 235,370
From this result it will be seen that 38,511 electors who went to the polls did not vote at all on the ques-
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tion, but it was decided that a Constitutional Conven- tion should be held, and for the second time in their history the people of Ohio, through their duly author- ized agents, decided to frame a new organic law.
CHAPTER V. THE SECOND CONSTITUTIONAL CONVENTION
T HE act providing for the Second Constitu- tional Convention was passed by the General Assembly February 22, 1850. (Ohio Laws, XLVIII, 19.) According to its provisions the election for delegates was to be held on the first Monday in April following. The purpose of the Con- vention, as expressed in the act, was "To revise, amend or change the Constitution of the State." The Convention was to meet on the first Monday in May, 1850, and it was given the power to adjourn to such other place or places in the State as its members might see fit. It may be seen that the canvass for the selec- tion of delegates was to be very brief, but owing to the fact that the question of the new Constitution had been discussed in the press and legislature for nearly three years prior to this time, the people of Ohio ap- proached the polls with a very full intelligence of the question at issue.
According to the basis of representation, the Conven- tion was to consist of one hundred and eight delegates. The result of the election was that the Democratic party controlled the Convention, there being sixty- eight Democrats, the balance being divided between the Whigs and Free Soilers. The Convention met in the hall of the House of Representatives at Columbus, on May 6, 1850. The delegates to the Convention had been elected on purely partisan lines. The Whigs occupied a rather non-committal position in regard to framing a new Constitution. Politically they were in their waning days and they felt there was no prospect of electing a majority in a representative body in Ohio. On the other hand, the movement for a new Constitu-
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tion had been aggressively advocated by the Demo- cratic party, and they felt that in a contest before the people the duty and honor of writing a new organic law for the State would be given to them, and the result at the polls was as they had anticipated.
We have read in former pages what Thomas Jefferson said to Jeremiah Morrow concerning the Constitution of 1802. It will be remembered that his remark was that that Convention "had legislated too much in their Constitution." And he specially criticised the manner in which the Convention had constructed the judiciary of the State. Mr. Jefferson was a wise and far-seeing statesman, and he has expressed in his writings that constitutions should contain general provisions, rather than detailed enactments. Under the Constitution of 1802 the Judges of the Supreme Court, the State officers and the associate judges of the various counties were appointed by the legislature. In other words, the judicial and executive departments of the State were subservient to the legislative. This brought on disgraceful confusion. The conflict between the legisla- ture and the judiciary has been detailed in Volume III., Chapter V. of this work, and the reader has a distinct recollection of scandalous proceedings growing out of such a condition. Aside from the question of the sub- ordination of the judiciary to the legislature, a practical condition of affairs arose that called with equal force for a modification of the judicial system. Under the old Constitution, the Supreme Court was composed of three members; the legislature could increase this to four, after a certain period. The judges held court in each county once a year. The result was, as the
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OF AN AMERICAN STATE
State increased in population and business, it became a physical impossibility for the judges to attend court in all the counties of the State. As early as 1847, when there was agitation in the General Assembly for a new Constitution, this was thoroughly discussed. In a speech delivered January 16, 1847, Clement L. Vallandigham, who hereafter appears in these pages as a conspicuous figure, then a member of the House of Representatives, referring to the condition of the judi- cial system, said:
"Now the number of counties-and they are rapidly increasing-is eighty-two; so that these four judges are required to hold no less than eighty-two separate courts in each and every year, flying for that purpose over the whole vast territory of Ohio .* * * Only think, Sir, of your Supreme Court, the last depositor of the tremendous powers and possibilities of the judi- ciary, turned into a flying express and running a tilt against the wind on a trial of speed; to-day at Cleve- land on the lake, hanging a man by the neck until he is dead; to-morrow at Cincinnati consigning some hap- less wretch to the ignominy and horrors of the peni- tentiary, or ejecting an unlucky suitor in that great city from a homestead worth millions, on which he spent the most valuable part of a lifetime."
This sentiment to revise the judicial system, the evils of which were so graphically described by Mr. Vallandigham, was shared in not only by the unanimous body of the lawyers of the State, but it had the support of a united press. It was one of the most powerful factors in carrying the question of the new Constitution at the polls.
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THE RISE AND PROGRESS
Another important question that was raised in this day was that of the public debt. In this the people of the State generally manifested a deep interest. The State was badly in debt. It was largely the result of the construction of the vast system of public improve- ments carried on in the thirties and forties. The canals of the State had cost over fifteen million dollars. The State had subscribed for stock in railroads, turn- pikes, plank roads and private canals. The result was that about this time the State of Ohio owed nearly twenty millions of dollars, the interest of which, almost a million dollars a year, was paid to foreign bond holders and foreign creditors. There was no guarantee to the people that this debt would not be increased. They knew that it could be, because there was no limit upon the power of the General Assembly to run the State into debt. Therefore, there grew up another popular argument for a new Constitution. A writer of that day expressed the general opinion as follows:
"A revision of the present Constitution with a view to its alteration so as to entirely prohibit the legislature from hereafter engaging in schemes of internal improve- ment, cannot be too strenuously urged upon the people. No one at this present day will for a moment pretend that the legislature ever had an express constitutional authority for entering into such a scheme. If it is necessary and proper that improvements, such as canals and railroads, should be made in the State, individual capital and enterprise will make them if they are profitable."
A third strong objection to the old Constitution, and one which had a great influence in securing the new,
WILLIAM MEDILL
From a painting by John Henry Witt in the Capitol in Columbus.
Born in Newcastle county, Delaware, 1801; was grad- uated from Delaware College, removed to Ohio, and was admitted to the bar; elected to the Legislature from Fair- field county, 1835, and twice served as Speaker of the House; member of Congress, 1839-43; assistant Post- master-General and Commissioner of Indian Affairs under Polk; president of the Consitutional Convention of 1850; Lieutenant Governor of Ohio, 1852-53, and Governor, 1854-55; first Comptroller of the Treasury, 1857; died at Lancaster, Ohio, September 2, 1865.
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THE RISE AND PROGRES
Another imt JJICHM MALLIIWt was raised in thi lotiqsO odt ai ttiW vingH dol vd guidaisq s mothe. peop!
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Id to foreign bond holder re cae no guarantee to th No deal eryld not be increased. They Je, bwwwwwse there was no limit upor Fixent Assembly to run the State diese grew up another popula. Who. A writer of that day as follows:
W Latitution with a view wally prohibit the legislature Aomes of internal improve- oly urged npon the people Wow wiB In a moment pretend Too bad an express constitutiona min such a scheme. If it i lka Topmovement, such as canal die oude on Ho State, individua Hpales puande will make them if they are
A don omar objective To do Constitution, and The Hiles kudd a great irdasux caring the new.
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OF AN AMERICAN STATE
was the fact that with the exception of the Governor, all the State officials were appointed by the legislature. Notwithstanding that the Constitution of 1802 was the creature of Thomas Jefferson and the Democratic- Republican party, the people were not given therein the right to select these officials. The result was, as time demonstrated, the legislature, as the sole appoint- ing power, abused it shamefully. Supreme judges were made the subject of political barter, and State officials were selected without reference to the wishes of the people, but as a result of legislative log rolling and trading. The election of State officers, under the old Constitution, met all the demands of the modern advo- cate of a "short ballot," as the Governor was the only one voted for.
Other objections might be enumerated in detail, but these mentioned were the controlling ones in calling for a new Constitution.
The Convention which framed the Constitution of 185I was filled with men of representative character and ability. The president of the Convention was William Medill of Fairfield county. He was at this time one of the prominent Democrats of the State. He had served in the General Assembly as Speaker of the House of Representatives for two terms. In 1839 he was in Congress from the Fairfield district, and served two terms. He was Assistant Postmaster General and Commissioner of Indian Affairs under President Polk; so that when he entered the Constitu- tional Convention and was elected its president he brought with him a wide and ripe experience in public affairs. After the Constitution which he had helped
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THE RISE AND PROGRESS
to frame had been adopted, he was elected the first Governor thereunder, and after his service in State affairs, in 1857, he became the first Comptroller of the Treasury. Throughout his entire official and private life he showed himself to be a man of great worth and character. He died at Lancaster, September 2, 1865.
As we read the rolls of the Convention, we meet the names of men who were great then, and many who became great since. The people of Ohio have always recognized that constitutional conventions call for the presence of their best men. It is not impertinent, in the consideration of this Convention and its work, to review some of these characters, because they are part of the great work in which they engaged, and we can find some reason when we know them for the per- manent and valuable character of the organic law which they created.
The oldest member of the Convention was the vener- able jurist, Judge Peter Hitchcock of Geauga county. He was born in Connecticut, October 19, 1781 came to Ohio in 1806, and devoted his early years to teaching school, practicing law and farming. He was a member of the legislature from 1810 to 1814. In the fall of 1816 he was elected to Congress, and before he con- cluded his first term he was elected by the General Assembly as a Judge of the Supreme Court for seven years, and reelected for a similar term in February, 1826. On the expiration of his term as judge, in 1833, he was elected to the State Senate, and reelected in 1835. In the latter year he was again chosen a Judge of the Supreme Court, where he served the usual term of seven years. After an interval of three years
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OF AN AMERICAN STATE
he again returned to the bench. He was one of the most influential members of the Constitutional Con- vention, and had much to do with framing the judicial article of the new Constitution. He died at Paines- ville, Ohio, March 4, 1854.
Trumbull county sent Rufus P. Ranney, one of the ablest lawyers Ohio ever produced. He was one of the early settlers in the Western Reserve. Born in Massachusetts, October 30, 1813, he came to Ohio with his father eleven years later. The family settled in Portage county. He graduated from the Western Reserve College in 1834, studied law with Joshua R. Giddings and Benjamin F. Wade and was admitted to the bar in 1836. In the Constitutional Convention he served on the judiciary committee. He was looked upon as a lawyer of profound ability and fine reason- ing power. In 1851 he was elected Judge of the Supreme Court to fill a vacancy, and in October of the same year he was elected to the same position. In 1859 he was nominated for Governor, but was defeated by William Dennison, the Republican candidate. In 1862 he was again elected Judge of the Supreme Court, but resigned after three years, returning to his profession, which he practiced with great success until his death.
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