USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Four > Part 8
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There were other eminent lawyers in that convention. Franklin county was represented by Judge Joseph R. Swan and Henry Stanbery. The former was at that time considered one of the ablest lawyers of the State. In 1854 he was elected Judge of the Supreme Court, and was refused a renomination by his party because of his correct and courageous, but unpopular, opinion on the "Fugitive Slave Law." He wrote "Swan's
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Treatise," the most popular and widely circulated work in the legal literature of Ohio, and to this day a familiar and indispensable guide for justices of the peace.
Henry Stanbery was a scholarly lawyer of Columbus. He was born in New York City in 1803, educated at Washington College, Pennsylvania, and admitted to the bar in 1824. In 1846 he became the first Attorney General of Ohio. Twenty years after he was appointed Attorney General in the Cabinet of Andrew Johnson. This position he resigned to act as counsel for the President at his impeachment trial.
Another able member of the Convention was Josiah Scott of Harrison county. He was elected a Judge of the Supreme Court under the new Constitution in 1856, and served until 1873. He was afterwards a member of the Supreme Court Commission.
William S. Groesbeck was a delegate from Hamilton county, and did much in framing the Constitution. The records show that he manifested great interest in his work. For all his life he ranked high at the bar. He served in Congress from 1857 to 1859, was a member of the Peace Congress in 1861, and was one of the coun- sel for President Johnson in the impeachment trial.
Gallia county was represented by Simeon Nash, since recognized as an authoritative writer on legal subjects. He was a thoughtful student and partici- pated much in the work of the Convention. He had served in the State Senate in 1841-43. He was elected Judge of the Court of Common Pleas in his district in 1852, serving ten years. As a legal writer he was known to the lawyers of the past generation as the
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author of "Nash's Pleadings," as well as a "Digest of Ohio Reports." He also wrote "Morality and the State, " and "Crime and the Family."
From Richland county came Samuel J. Kirkwood, who had been its prosecuting attorney from 1845 to 1849. He took a conspicuous part in the debates of the Convention, and took special interest in the article on the judiciary. Shortly after his service in this body, he removed to Iowa and was elected Governor of that State in 1859, and reëlected in 1861. As a patriotic friend of the Union he was instrumental in raising fifty regiments without draft in Iowa. In 1866 he was elected United States Senator; in 1875 he was elected for the third time Governor. In 1876 he was again elected United States Senator, serving until 1881, when he resigned to enter the cabinet of President Garfield, as Secretary of the Interior. He died at Iowa City, September 1, 1894.
Charles Reemelin, the only German in the Conven- tion, was one of the delegates from Cincinnati. He was a student of political economy, an able man, and was recognized as one of the most influential members of the Convention. He was of a decided literary turn of mind and wrote many scientific and philosophic articles for the magazines and newspapers. As a student he had no superior in the Convention. In the debates he participated when important questions were before the body. His remarks and speeches on the question of church taxation, banks and currency, special privileges and other important questions, indicate his ability.
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Another member of the Convention who was noted principally for his literary qualifications, was Otway Curry, from Union county. He took little part in the debates, his remarks being principally confined to the subjects of temperance and education. Otway Curry enjoyed a reputation in his time among the first of the poets and literary men of Ohio. With William D. Gallagher he edited The Hesperian, a monthly literary journal of a high order of talent. It still ranks as among the best of the past intellectual pro- ductions of Ohio.
Ex-Governor Joseph Vance was a delegate from Champaign county. Prior to his election as Governor, which was in 1836, he had served both in the General Assembly and in Congress, and after his gubernatorial term had expired he again served a term in each of those bodies. While attending the Convention in 1850 he was stricken with paralysis, from which his death eventually resulted in 1856.
From this collection of men, noted before and sub- sequently, to their service in the Convention, an idea may be obtained of the controlling spirits that directed the movements of that day. It is not uninteresting to note further certain characteristics and facts connected with the members of this Convention. From the pub- lished rolls of the proceedings of the Convention, we are informed that there were in that body forty-three lawyers, thirty farmers, eight physicians, six merchants, six editors, four surveyors, three printers, two black- smiths and three carpenters. This authority also gives the birthplace of thirty as being in Ohio, twenty- five in Pennsylvania, ten in Connecticut, nine in New
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York, eight in Virginia, five in Massachusetts, four in Maryland, three in Kentucky, three in Vermont, two in New Hampshire and one each in several other states. Recurring to the analysis of the population of Ohio, as shown by the seventh census, referred to in the last chapter, we can see that the same states that furnished the largest population to Ohio, also furnished the largest proportion of members to the Constitutional Convention. It is also recorded that only four mem- bers of the Convention were of foreign birth; two of these were born in England, one in Ireland and one in Germany. And finally, this official table informs us that one hundred members of this Convention were married and eight were single; and as to age, four were under thirty years, thirty-one under forty, seventy- seven over forty, and eight over sixty years of age.
The work of the Convention was done principally through its eighteen standing committees, appointed by the President of the Convention. It is not the purpose in this work to undertake a recitation of the detailed labors of this Convention, or to make a com- parison between the result of its work and that of the First Constitutional Convention, but it will be instruct- ive to cursorily refer to some of the more important propositions before the Convention.
It is needless to say that the reformation of the judiciary was the subject of very earnest and intelli- gent debate, and when we consider that those who had this subject in hand were among the very best lawyers that the State of Ohio ever produced, we know that it was discussed with great learning and ability. The regulation of corporations was one of the important
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issues of the Convention. The special chartering of such, as provided in the old Constitution, was aban- doned, and the following provision was fixed as to the method of dealing with corporations in the future:
"The General Assembly shall pass no special acts conferring corporate powers. Corporations may be formed under general laws; but all such laws may from time to time be repealed."
There can be no question but that this provision was in direct response to an overwhelming public sentiment in the State.
The regulation of the liquor traffic, then as now a serious question, was given much consideration by the Convention. There was a growing temperance senti- ment in the State against the business, and there were numerous petitions presented protesting against the license of the sale of intoxicating liquors. The Con- vention, however, decided to relegate the question to the people, and it submitted separately the following proposition, which was adopted by a popular vote and which became a part of the Constitution:
"No license to traffic in intoxicating liquors shall hereafter be granted in this State; but the General Assembly may by law provide against the evils result- ing therefrom."
The popular demand for the election by the people of the State officers was of course fully provided for in the instrument.
The anti-slavery sentiment in Ohio was commencing to develop, and it was but natural that it should appear in this Convention. We consequently find a number of petitions from citizens of Ohio, praying that negroes
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within the State should be given the right of suffrage. There were also petitions representing another senti- ment. These asked the Convention to prohibit colored people from entering the State. A petition of this sort was received from Dr. Daniel Drake of Cincinnati, one of the pioneers of that city.
The petitions in behalf of the negro came from Central and Northeastern Ohio, while those against him were from the river counties. This situation was explained in a speech by Mr. Sawyer of Auglaize county, on the subject involving the negro question. Said he, "If you will look at the statistics furnished by the recent census, you will find that in those counties of this State where Abolitionism or Free Soilism predominates there are the fewest negroes. It is in the southern counties, bordering on Kentucky, where there is the largest pro- portion of negroes and mulattoes; and those counties are the least friendly to provisions for the encourage- ment of their immigration or remaining in the State. Either the negroes do not know their friends, or else they will not go to them."
In the light of the political condition of the times, the Fugitive Slave Law being one of the great issues between the Whig and Democratic parties, it was not to be expected that there would be any favorable anti- slavery sentiments injected into the new Constitution. All that the black man got out of this Convention and into the new Constitution of Ohio, was the right to be considered in determining the ratio of apportionment for members of the General Assembly. He was given the privilege of standing up and being counted.
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The result of the labors of the Convention was not a mere revision of the old Constitution, but it was a proposition to adopt an entirely new instrument. That it was the work of a body that was faithful and conscientious in the discharge of its duty, is not to be doubted, and the fact that it was adopted by the people, and has been held intact, with the exception of special amendments, to this day is a monument to the ability and integrity of the Second Constitutional Convention.
On July 9, 1850, the Convention adjourned because of the cholera epidemic, and met in Cincinnati Septem- ber 2d, where it continued its labors until March IO, 1851, when it adjourned sine die. The life of the Con- vention was one hundred and fifty days, one hundred and thirty-five of which were spent in actual session. The expense to the State was $95,364.29.
The new Constitution was submitted to a vote of the people at a special election held June 17, 1851; it was adopted by a vote of 125,564 in its favor, to 109,- 276 against its adoption, a majority of 16,288. The proposal to prohibit the license of the sale of intoxica- ting liquors carried by a vote of 113,237 to 104,255, being a majority of 8,982.
Thus the people of Ohio adopted for the second time a fundamental law for their State.
CHAPTER VI. THE ANTI-SLAVERY MOVEMENT IN OHIO THE UNDERGROUND RAILROAD ORGANIZATION OF THE REPUBLICAN PARTY
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T HERE never was any sentiment in favor of establishing slavery in Ohio. The Ordinance of 1787 prohibited this, and that fact attracted a population that was favorable to free labor. The New England element, the settlers from Pennsyl- vania, New York and New Jersey, and even the Vir- ginians and Marylanders were all opposed to the "peculiar institution" of the South. Many of the latter class left their states to get away from the sur- roundings of slaves; Edward Tiffin, Thomas Worthing- ton and others manumitted their slaves before their migration to the north of the Ohio River. Indeed there was a very aggressive opposition to the least toleration of slave labor in Ohio, which was very differ- ent from the sentiment in Illinois and Indiana. In those territories there were persistent efforts made to retain slavery in some form.
Notwithstanding this antipathy to slavery on the part of the people of Ohio, the feeling also existed that they did not want the negro within their borders. They did not object to slavery, apparently, except within their own State. Indeed, it was a free expres- sion that slavery in the South was a good thing for the people of Ohio, but they wanted it kept there, and they wanted the slaves to be confined within their own slave territory. That quaint historian, Caleb Atwater, in "A History of the State of Ohio" (1838), expressed himself as follows:
"As a State, it is our interest, in Ohio, to have slavery continued in the slave holding states, for a century yet, otherwise our growth would be checked. The broad and deep streams of wealth, numbers, enterprise,
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youth, vigor, and the very life blood of the slave hold- ing states, now rolling into Ohio like mighty floods, would be stayed, and even rolled back to their sources, rendering those states not merely our equals, but even our superiors, in numbers, wealth and political power. No, we have adopted a policy which, for a century yet, requires slavery in the states south of us to be con- tinued until they become desert (that is none of our business), while we have twelve millions of people of Ohio; until, indeed, this whole State becomes one vast lovely paradise, all cultivated; intersected every- where by roads and canals; covered with cities and their splendid homes. No; let slavery be continued where it is during the next century at least."
This remarkable statement, deliberately penned by the first historian of the State, represents the utili- tarian views advocated by some regarding slavery. It will explain in a large degree the treatment accorded the negro in the early history of the State, and will account for what are known as the "Black Laws." At about the time the State was admitted to the Union the number of colored people in Ohio was quite insignificant; the census of 1800 showed that they numbered but three hundred and thirty-seven. It was determined that this number should not be increased if legislation could pre- vent it. Accordingly we find among the very first acts of this State one requiring negroes and mulattoes before settling herein to present a certificate of freedom from some court in the United States. Those that resided here were required to register within a certain time, and anybody who employed a colored person without a cer- tificate of freedom was subject to a fine and a further
SALMON PORTLAND CHASE
From a painting by W. Cogswell in the Capitol in Columbus.
Born in Cornish, New Hampshire, January 13, 1808; was graduated from Dartmouth College, 1826, and for some years afterward conducted a classical school for boys in Washington, D. C., where he was admitted to the bar; established himself in Cincinnati in 1830; elected United States Senator, 1849, and Governor, 1855 and 1857; Secretary of the Treasury under Lincoln, 1861 to June 30, 1864; Chief Justice of the United States Supreme Court, December 6, 1864, until his death; died in New York City, May 7, 1873.
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The ImissCible attirent, deliberately penned by The State, represents the utili- Med ly some regarding slavery. v dhtree the treatment accorded War of the State, and will the "Black Laws." At was admitted to the Union the Divo was quite insignificant; dolu they numbered but three It was determined that this Wi romed. Wf legislation could pre- we food amony the very first acts Ering negrowy and mitlattoes before to Miss w jiesook + certifikly of freedom from sil Urated Stitel The that resided lit www wquired to meter wirbin . comtaux time, and quybouly who wwwplayed a colorof rows without a cer- tileasy wl femdom was subject to a Mor and a further
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payment of fifty cents per day to the master of the slave, if he proved to be a slave, for the services performed. Aiding fugitives to escape was made subject to a very . heavy fine. The vote on this bill is indicative of the interest displayed by the different sections of the State; for instance, those counties in the northern and eastern part of Ohio voted against the law, while the representatives from the southern counties, along the Ohio River, voted for it.
This division of sentiment can be readily understood when we recollect certain facts. Ohio's long southern boundary came in contact with exclusively slave terri- tory. It confronted Kentucky for over a hundred and fifty miles, and Virginia for about two hundred and twenty-five miles. These counties regarded slaves, or even "free people of color," as "undesirable citi- zens." They had no use for them whatever in any capacity, save and except, possibly, as they might be able to serve them with labor, and for this they were willing to pay. And it is a singular fact that it was not an uncommon occurrence for the masters in Kentucky and Virginia to hire their slaves across the Ohio River for service among the very people who were objecting to the free colored man within their midst.
In 1807 the law against the negro or mulatto was made more stringent, and in order to settle in Ohio he had to give a bond of five hundred dollars, signed by two freeholders, guaranteeing that he would not become a county charge, and that he would behave himself within the law. This and other features of legislation, which were enforced for many years after- ward, pressed very hard upon the black man. The
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main objection to the colored man in Ohio at that time, and it was especially urged by the people bordering on the Ohio River, was that he was shiftless, worth- less and criminal. In 1829 we find Cincinnati in a grave condition of excitement, ordering every negro and mulatto, who had not furnished bond, to leave the city within thirty days. The unfortunate colored man knew not where to turn; south of him he was con- fronted with the horrors of slavery, and he naturally turned his eyes to the North.
Canada had already become a Mecca both for the free colored man and the fugitive slave; accordingly, a committee of colored people called on the Governor of Canada to know whether they would be given pro- tection if they migrated there. The answer of the Governor was after the decision of Lord Mansfield, who had said that a slave could not breathe on British soil, that the very air of Great Britain made him free; and the negro committee was assured that if they moved to Canada they would receive the same treat- ment as British subjects.
Before this committee returned to Cincinnati the time given to their brethren in that city to leave had expired, and those who had not complied with the law were subjected to the violence of mobs which reigned supreme in the city for several days. Although appealed to for protection by the negro, the city officials refused to do the slightest to restrain the infuriated friends of liberty. About half of the colored people of Cincinnati, under this demonstration of citizens of the "land of the free," removed to Canada and estab-
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lished a permanent settlement, where they lived in equality before the law and in peace with their fellow citizens.
This action of Cincinnati received the hearty ap- proval of its "decent" and "respectable" citizenship, and even Judge Burnet, as great a lawyer and patriot as he was, heartily approved these "Black Laws"; that he was a leading Whig did not seem to affect his judgment in this matter. While he and others were opposed to slavery, they were as positively and stead- fastly opposed to the presence of the negro in their community. They were even opposed to his employ- ment in servile labor, and the trades associations of the city were not permitted to teach a negro a trade. Wherever the black man turned, he was refused employ- ment, and if any man was just or courageous enough to hire him, he had a strike on his hands by other work- men. Of course there was opposition to this legisla- tion on the part of many good citizens of the State, and efforts were made in 1839 to secure the repeal of these unjust laws, but in vain and with the same result so far as votes in the legislature were concerned. Those in the northern part of the State voted in favor of their repeal, while those in the southern portion of the State voted solidly against it. The latter claimed that they knew by experience the danger and undesirability of the negro's presence, while the people in the North who rarely met the black man were the most favorable to his being treated with justice.
It must not be inferred that the only view point of slavery and the black man, assumed by the people of Ohio, was that relating to its business or social side.
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There was a very pronounced element in the State, not only opposed to slavery but in favor of the ameliora- tion and elevation of the black man, whether slave or free. These people acted from moral convictions. They believed that they owed something to their un- fortunate black brother, and consequently, we find them planting seed that afterward furnished the causes for the greatest war in history. The strongest influence in this direction was the Quakers, who had settlements in the central and southeastern parts of Ohio. Most of them came from North Carolina and in some instances they brought with them free people of color. They did more to inaugurate the great move- ment that culminated in the abolition of slavery than any other body of men and women in the United States.
The first newspaper in the United States advocating the abolition of slavery, was published by a Quaker, Charles Osborn, at Mount Pleasant, Ohio, in 1817. He was born in North Carolina, and when he arrived at manhood traveled over the South, advocating the abolition of slavery. He came to Ohio in 1816 and in the following year published the first number of the Philanthropist. Mount Pleasant was a thriving in- dustrial center of eastern Ohio at this time. It was the home of several cultivated men, and it was there that the first abolition society in Ohio was organized, and among the members of this society was Charles Ham- mond, who was a great lawyer at this time, and who afterward became editor of the Ohio Federalist at St. Clairsville and of The Gazette at Cincinnati.
The originator of this society was Benjamin Lundy, to whom must be credited, more than any single man in
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American history, the gigantic moral movement against slavery which preceded the Civil War, and which did more than any other one thing to arouse the American people to a sense of the injustice of slavery. Benjamin Lundy organized the Union Humane Society in 1815, the purpose of which was to agitate anti-slavery senti- ments. He says in his writings, "I had lamented the sad condition of the slave. I called a few friends to- gether and unbosomed my feelings to them. The result was the organization of an anti-slavery association, called the Union Humane Society." In addition to those mentioned, one of the chief spirits of this association was William Cooper Howells, father of the American novelist, William Dean Howells.
Lundy was for a while agent for Osborn's journal, The Philanthropist. He lived at St. Clairsville, Ohio, until 1821, when he moved to Mount Pleasant, where he began the publication of The Genius of Universal Emancipation. It immediately acquired a widespread circulation throughout the country, and Benjamin Lundy became the first real effective force in the promotion of the abolition sentiment throughout the United States. When he commenced his agitation William Lloyd Garrison was but a boy, and it is to Lundy that Garrison in after years gave credit for enlisting him in the cause of freedom. The anti- slavery sentiment in Ohio continued to develop from the humble association established by Benjamin Lundy, so that in 1837 there were two hundred and thirteen anti-slavery societies in this State, with 17,253 members.
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