USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Three > Part 4
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The election was held as provided by the Governor's proclamation and the following persons were chosen, from their respective counties, to form the popular branch of the Territorial Legislature for the ensuing
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two years; Washington County, Return Jonathan Meigs and Paul Fearing; Hamilton County, William Goforth, William McMillan, John Smith, John Ludlow, Robert Benham, Aaron Caldwell and Isaac Martin; St. Clair County, Shadrack Bond; Knox County, John Small; Randolph County, John Edgar; Wayne County, Solomon Sibley, Jacob Visgar and Charles F. Chabert de Joncaire; Adams County, Joseph Darlinton and Nathaniel Massie; Jefferson County, James Pritchard; Ross County, Thomas Worthington, Elias Langham, Samuel Findlay and Edward Tiffin.
This legislative body represented a constituency scattered over a territory that was a veritable empire in area-more than 265,000 square miles-greater than Austria-Hungary, or Germany, or France, and more than twice the area of Great Britain and Ireland, or Italy. It took time for news to be carried and election results to be determined, consequently the Represent- atives did not assemble in Cincinnati until February 4, 1799. The proclamation of the Governor called the meeting for January 22d, but the delegates from far Kaskaskia on the Mississippi, from Vincennes on the Wabash and from the distant peninsula of Michigan found that travelling by horseback from two to four hundred miles through a vast wilderness, was anything but conducive to a prompt assembling. The season of the year, as well as the distance, made this meeting of the pioneer legislators an unusual hardship and privation. It is of record that the Representatives from Marietta, after leaving Belpre found only the monotony of the woods until they reached the Scioto Salt Works, near the present town of Jackson; from
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there to Chillicothe there was no human habitation, and after leaving that place they passed no settlement on their way to Cincinnati until they crossed the Little Miami River. On this winter journey through a wilderness those travelers carried provisions and blank- ets, camped at night, swam their horses across streams and penetrated the forest, guided only by blazed trees or compass. The only roads were bridle paths or Indian trails. It was under these conditions and by this type of men that were laid solid and deep the foundations of popular government for the people of Ohio.
When the Representatives met they performed their first duty, and adjourned to meet on the 16th of Sep- tember following. This duty was the nomination of ten persons from which the President was to select five to constitute the Legislative Council of the Terri- tory. These names were reported to the Governor, who in turn transmitted them to the Secretary of State, and from these President Adams, with the advice and consent of the Senate, appointed for a term of five years, Jacob Burnet and James Findlay of Cincinnati, Hamilton County; Henry Vanderburgh of Vincennes, Knox County; Robert Oliver of Marietta, Washington County, and David Vance of Vanceville, Jefferson County. These men were each possessed of a freehold of five hundred acres of land, as they were required to be by the Ordinance in order to be eligible to the Council.
Thus constituted, the First General Assembly of the Northwest Territory assembled for organization at Cincinnati on September 16, 1799. But on this day
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there was not a quorum present, and it was not until the 24th of September that the two houses were organ- ized and ready for business. Edward Tiffin, of Chilli- cothe, was unanimously elected Speaker of the House of Representatives, and Henry Vanderburgh, of Vin- cennes, was chosen as President of the Council.
Cincinnati, the seat of government of the Territory, was then a straggling and unprepossessing village. With the river at its feet, it was surrounded by the dense and impenetrable forests of the Miami country. The population was about seven hundred and fifty inhabit- ants. Its growth was slow; in five years after this time ---- in 1805-its population had increased only to nine hundred and sixty, with fifty-three log cabins, one hundred and nine frame, six brick and four stone houses. Fort Washington was still occupied by troops, and was the most important building of the settlement. It was a substantial wooden fortress built of hewn timber, a perfect square, two stories high, with four blockhouses at the angles. The fact that for more than ten years Cincinnati had been the capital of the Territory, made it the metropolis and grand depot of the Western country. Here was gathered the official life of the Territorial government, both civil and mili- tary, and here was the clearing house for all the stores which came down the Ohio River for the forts estab- lished on the frontier. At this time two newspapers, representing the political opinions of the period were published here -- the Freeman's Journal, by Edward Freeman, and the Western Spy and Hamilton Gazette, by James Carpenter. The absence of partisanship or party rancor was favorable to the work of the Legis-
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lature, for it can truthfully be said that the atmosphere of Cincinnati was at that time remarkably free from politics. The followers of Jefferson, and Hamilton were present, it is true, but party lines were not tightly drawn. When John Adams was a candidate for President against Thomas Jefferson, the latter had but four advocates in Cincinnati and vicinity. This peaceful condition gradually passed away, and before long, especially when the question of statehood came up, this political tranquillity became a memory.
The moral and social condition of Cincinnati, when the new Assembly settled in its midst, was about what we might expect in a garrison town. The armies of St. Clair and Wayne had left a military flotsam and jetsam that was not helpful to any community, and the influence of Fort Washington was not elevating to the morals of the little village. The officers under General Wayne, and subsequently under General Wilkinson, were all hard drinkers. This condition changed for the better when Captain (afterwards General) William Henry Harrison assumed command. Idleness, drinking and gambling prevailed in the army after the Indian campaigns, and the average soldier was wedded more to the bottle, dicebox and cards than to his arms, drills or discipline. Judge Jacob Burnet, who lived in Cincinnati at this time and was a member of the First General Assembly, has left his observations and impressions of the men and events of this period in his "Notes on the Early Settlement of the North- western Territory." It was written fifty years after the times in which he was an active factor, and is a source of valuable and reliable facts. He notes herein
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the effect of the military on the people, and states that the vicious and loose habits of the army were con- tracted also by the citizens. Judge Burnet further observes that "the settlements of the Territory, includ- ing Cincinnati, contained but few individuals, and still fewer families, who had been accustomed to mingle in the circles of polished society." Notwithstanding this, the majority of the settlers at Cincinnati and in the Territory were honest, intelligent and God-fearing. And while many of them may not have been of the class that moved in "polished society," they constituted a pioneer body of sturdy and sterling character.
The highest tribute to, and the best test of, that pioneer citizenship is to be found in the character of the men selected by them for the General Assembly. Referring only to the counties that afterward became a part of the State of Ohio, it can be said that no legis- lative body that afterwards assembled therein con- tained stronger or more eminent men. From Wash- ington County came Return Jonathan Meigs, who after his service in this legislature was in turn Chief Justice of the Supreme Court of Ohio, Judge of the United States District Court, United States Senator, Governor of Ohio, and Postmaster-General in Presi- dents Madison's and Monroe's cabinets. His colleague Paul Fearing, was a man of high character, and acknowl- edged ability; he was the first to be admitted to practice law in the territory, and served with honor as a delegate in the Seventh Congress from December 7, 1801, to March 3, 1803.
The delegation from Hamilton County were all strong men, and some of them of accomplishments of
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a high order. Concededly, Jacob Burnet was the leader. He was one of the great men of Ohio in his generation. A native of New Jersey, a graduate of Princeton College, a distinguished lawyer, he impressed upon the Territory and the State by his public service and example, marks of learning and genius. Subse- quently as State Legislator, United States Senator and Judge of the Supreme Court, he acquired political and professional distinction. In the quieter walks of life he found pleasure and honor in literary pursuits, and was a member of the prominent literary and astronom- ical societies of Southern Ohio as well as a member of the French Academy. William McMillan was a graduate of William and Mary College, Virginia, and in 1800 succeeded William Henry Harrison as a delegate from the Territory in the Sixth Congress. Of him a distinguished Cincinnati lawyer-William M. Corry- has written: "During his professional career there was no higher name at the Western bar than William McMillan. Its accomplished ranks would have done honor to older countries; but it did not contain his superior." John Smith, who afterwards became one of the first United States Senators from Ohio, was a man of vigorous mind and of pleasing and popular manners. Before his entrance into public life, he was the first permanent pastor of the first Baptist Church in the Northwest Territory. He was a member of the Con- stitutional Convention of 1802. His unfortunate ex- perience in the Burr Conspiracy, so called, ended his public life. Judge Burnet regarded him as a man of great native talent and mental energy, and placed him among the influential and able leaders of the day.
JUDGE JACOB BURNET
Born, Newark, N. J., February 22, 1770; graduated at Princeton in 1791; emigrated to Cincinnati in 1796; member of Territorial Council, 1799-1802; of the Ohio House of Representatives, 1812; Judge of the Supreme Court, 1821-1828; United States Senator from Ohio from December 1, 1828 to March 3, 1831; Member of the French Academy and author of "Notes on the Early Settlement of the Northwestern Territory"; died in Cincinnati, April 27, 1853.
THE RISE AND PROGRESS
bleh order. TANAUS HOOAL ARAUL Burnet was the "derI mi itsmaiorfio of betsigime ; Ieri hi hofsonnghio in his oidO odt to ;$081-QQTI liontuo sitofirst to odmemduate of Meimpressed
Subse- linqA ,itsanioniO ni beib ; "VIotimIST mistzewAtion odt to mited 4.828 csator and Jaège al Li Supreme Court, he acquired political and problem
In the quieter walks of life he thead plmor ant Donor in Himury pursuits, and : mais7 d .hr prominent literary and astronom- La mia of Soulbem Ohio as well as a member
William McMillan was a plus We and Mary College, Virginia, and William Henry Harrison as a delegate from The Toy uy in the Sixth Congress. Of him a Wiarawwwwhd Craciunati lawyer-William M. Corry- Dating his professional career there was
no Nicker name At the Western bar than William M Man Starcomplished ranks would have done bona lo wilde mantes; but it did not contain his Je Balith, who afterwards became one of Ile Toi byund States Senators from OM, was a man 'ile nas road and of pleasing and popular manners. Miles bin surrance into public life, de was the first poor of the first Baptist Church in the Ferinory He was a member of the Con-
0 Lesvention of 1802. His polonunate ex- the Burr Conspiracy, so called, ended his Judge Burnet regarded kom mt a man of wwwAlys talent and mental energy, and placed him Ww influential and able leaders of the day.
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James Findlay, Judge Burnet's colleague in the Council, was from Pennsylvania; after his service in this body he had a long and distinguished career. He won honor in the War of 1812, as Colonel of the Second Ohio Volunteer Infantry. Afterwards he was a member of the Nineteenth, Twentieth, Twenty-first and Twenty- second Congresses. In 1834 he was the Jackson Democratic candidate for Governor, but was defeated by Robert Lucas. The remainder of the Hamilton County Representatives, if not quite so able as these mentioned, were men of prominence and worth in their day. William Goforth was one of the Associate Judges of the county; John Ludlow had served as its sheriff; Robert Benham was an officer of the Revolu- tionary War, a man of great firmness of character and a useful member of the Assembly. He was one of the first settlers on the Symmes purchase. He served in the army under General Harmar in 1790, was in the bloody defeat of General St. Clair on the 4th of Novem- ber, 1791, and shared in General Wayne's glorious victory on the 20th of August, 1794. Aaron Caldwell and Isaac Martin were respected citizens, and well qualified for the service of the State.
Ross County sent Edward Tiffin, Thomas Worthing- ton, Elias Langham and Samuel Findlay, a representa- tion which was not excelled in talent and progressive- ness by that of any other in the Territory. They were all Virginians by birth except Edward Tiffin, who was born in England. Two of the Ross County delega- tion-Tiffin and Worthington-afterwards became Governors of the State; they exercised an influence and control in the affairs of the Territory and of Ohio
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unequalled by any others of their time. Their appear- ance upon the scene at this time is interesting, in that it was the beginning of careers that were powerful in shaping the destiny of the Northwest Territory. General Findlay and Major Langham won their titles in the Revolution, and settled in Ross County with the Virginia migration.
Adams County was also represented by native born Virginians-Joseph Darlinton and Nathaniel Massie. The former served in the Second Territorial Legislature, and in the first Constitutional Convention, and was for many years afterward a leading citizen of Southern Ohio. Massie was the pioneer surveyor of the Terri- tory, and founded the towns of Manchester and Chilli- cothe. He was active in politics all his life, and was a man of great native ability.
David Vance in the Council, and James Pritchard in the House, were leading citizens of Jefferson County. The former was Associate Justice of the Common Pleas Court, and the latter in after years, when Ohio became a State, served as Senator and Representative from that county.
In the new government Governor St. Clair succeeded to increased power. In the first stage he was simply one of a legislative body of four members. He had no veto power, and the majority of the Governor and Judges acting as a legislative body, made the laws, and the veto power rested in Congress alone. But now the Governor became invested with almost autocratic power. The Ordinance provided that "the General Assembly, or legislature, shall consist of the governor, legislative council, and a House of Representatives."
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And also the further provisions: "And the governor, legislative council, and House of Representatives shall have authority to make laws, in all cases, for the good government of the district, not repugnant to the prin- ciples 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 con- vene, prorogue, and dissolve the General Assembly, when, in his opinion, it shall be expedient."
The first clash of authority between the Governor and the General Assembly was over the question of establishing new counties and fixing county seats. It began in the first stage of the Territorial government in 1798, when Nathaniel Massie, who, having laid out the town of Manchester, in Adams County, desired it to be the county seat, and in this he was supported by the judges and justices of the county. Governor St. Clair claimed that he possessed the sole authority to create new counties and locate county seats. He rested his authority upon the Ordinance.
This controversy was pending when the General Assembly convened. The Governor's claim was that under specific authority of the Ordinance he had the right to lay out parts of the district, in which the Indian title was extinguished, into counties and town- ships, subject to such alterations as may thereafter be made by the legislature. The General Assembly claimed that after the Governor had laid out these counties and townships, as was already done in the
S
S
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first period of government, it (the General Assembly) had power to pass laws altering, dividing and increasing them, subject, of course, to the Governor's approval. The Governor replied that the right to create counties and locate seats of justice was his exclusively, and none of the business of the General Assembly. Not- withstanding this, bills were passed designating Man- chester the county seat of Adams County, and altering the boundaries of other counties, and erecting new ones out of the old. The Governor not only withheld assent, but would not consider them for the reason, as he claimed, that the General Assembly had exceeded its powers and would not even return the bills to the House wherein they originated.
Unimportant as it may appear, this controversy was the beginning of a conflict that eventually ended in the downfall of St. Clair, and the admission of Ohio to the Union. Nathaniel Massie, with the Virginia contingent at his back, led the opposition to the Governor. In protest of the Governor's claim, the General Assembly adopted a remonstrance to Congress against the unqualified veto over the acts of that body, and also against his claim of exclusive right to divide and sub-divide counties. The arbitrary position of Governor St. Clair, and the contest growing out of it, was the beginning of the conflict between Autoc- racy and Democracy. Its results rapidly followed. As to the merits of the question itself, it is worthy of note that Congress afterwards sustained the position of the General Assembly, and that, too, without any effort on its part to attain that decision.
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This conclusion of Congress came about afterwards very innocently. It appears that it was the duty of the Governor to report his official proceedings from time to time to Congress. In his report he communi- cated a statement of the new counties laid out and erected by him prior to the organization of the General Assembly. When the Senate considered the report, it was objected to on the ground that the Governor had exhausted the power given him by the Ordinance, to lay out the Territory into counties, and that the entire power, on that subject, was vested exclusively in the Territorial Legislature. The Senate concurred in that opinion, and disaffirmed the proceedings of the Governor.
Turning aside, for the time, from the disputes of the day to the substantial work of the First General Assem- bly, we see much to learn and admire in the work and wisdom of these early legislators. Its laws passed with reference to the welfare of the property and life of the pioneers demonstrate that this body had a comprehensive and intelligent conception of the wants of the times.
Judge Burnet was the ruling spirit in the work of preparing and maturing a great part of the legislation. In proof of this a reference to the Journal of the Legis- lative Council shows that of the thirty-nine bills that were enacted into laws at the cession of 1799, he pre- pared and reported fourteen. These were wide in their scope and important in their application. They covered such subjects as, the admission and practice of attorneys at law; arbitration; the prevention of trespassing by cutting timber; the appointment of
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constables; forbidding liquor in Indian towns; estab- lishing and regulating the militia; the punishment of arson; and other laws fully as important. The impress of the careful and painstaking lawyer is on them all. They are preserved, as are all the laws of this session, in "The Statutes of Ohio and of the Northwestern Territory, " compiled by Salmon P. Chase in 1833, and form the basis of all subsequent legislation on these subjects.
The system of taxation devised was both practical and equitable, the tax for Territorial purposes was levied upon lands; the tax for local or county purposes was levied upon persons, personal property, and houses and lots. The "Act levying a territorial tax on land," was approved December 19, 1799, and it was to remain in force to the close of the next session of the General Assembly. The lands were assessed in three classes. The first class at eighty-five cents, the second at sixty cents and the third class at twenty-five cents per one hundred acres. The following rule was to be observed in rating any tract of land: "When a greater part of a tract shall be superior in point of quality to second rate land, it shall be denominated first rate, when a greater part of a tract shall be inferior to first rate and superior to third rate in point of quality, it shall be denominated second rate, and when the greater part of a tract of land shall be inferior to second rate, it shall be denominated third rate land, taking into view the surface of the earth as well as the quality of the soil."
Local taxation was provided in "An Act to regulate county levies, " approved December 19, 1799. It was
GOVERNOR SAMUEL HUNTINGTON From a painting in the Capitol at Columbus.
Born at Coventry, Connecticut, October 4, 1765; re- moved to Cleveland in 1801; member of first Constitu- tional Convention, 1802; elected Senator in the first General Assembly of Ohio, 1803; while occupying this office he was elected to the Supreme Court; resigned to become Governor in 1809; died at Painesville, Ohio, June 18, 1817.
RISE AND PROGRES
ИОТЈИІТИИН ЈАИМА? ЯОИЯЕГО
.audmulo ts lotiqsO odt ni gnitnisq s moulins; estal- Atables
flighment of Ishing-utitanoO Jeift fo Todmom ;1081 hi baslevel of bayom. eimpres
od goffto aint gnivquopo slidw :8081 ,oin0 10 vidmszathem al
They .SI81 ,81 9nul ,oinO , ollivanist ts beib ; 0081 ni TONSVOD his session in "The bio und of the Northwester Territira Salmon P. Chase in 1833, and form zles bos of all woherquent legislation on these
devised www both practical u Tor Territorial purposes was Ma lor local of ominty. purposes personal property, and houses og a territorial was on land, " r 19, 1799, and it was to remain e next session of the General were assessed in three classes. 7-bve cents, the second at sixty cents and the ned flan at twenty-five cents per one Inflowing rule was to be observed
hundred all The i Taling my wwe el land: "When a greater part of er in point of quality To second rate land, it will Me denominited first taze, when a Roan pont d Aams shall be inferior : Sist rate and superiortu dent mit & poum of quality, it shall be descontroind socosil me, and when the greater par el a trauer el God ikill he labohe to wond rate, i thall be derelated turd mate isol, taling into view the surface of the earth as well as the quality of th
Til tasation was provided in "An Act to regulate sainty levies, " approved Derembes 10. 1799. It wa
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a well constructed piece of legislation in twenty-five sections containing the details of valuation, levy and collection. The first section declared what was taxable, houses in towns, inlots and outlots, and mansion houses in the country, rated at two hundred dollars and up- wards, water and wind mills, ferries, stud horses and other horses, mares, mules and asses above three years, all neat cattle above three years, and bond servants above the age of twenty-one. The commissioners or listers of land were to make lists. Horses, mares, mules and asses paid fifty cents; neat cattle, twelve and one-half cents; bond servants, one dollar, and bachelors not having two hundred dollars in property, two dollars to fifty cents. Land appraisers were appointed who were to assess the lands. Retailers of merchandise were to pay ten dollars. Ferries were to pay not exceeding ten dollars.
The attempt to fasten slavery on the Territory was made at this session, notwithstanding that it was positively prohibited by the Ordinance. This came in the nature of a petition from several of the late Virginia line in the War of the Revolution praying for toleration to bring their slaves into the Territory, on the military lands between the Little Miami and the Scioto rivers. Mr. Goforth of Cincinnati, in the House reported that the prayer of the petitioners was incom- patible with the Ordinance, and to this report the House unanimously agreed. Subsequently Thomas Posey on behalf of himself and several officers of the Virginia line asked the same thing; this was not even considered. On this subject it should be said that these petitioners were not residents of the Territory;
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