USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Three > Part 7
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into the church he manumitted his slaves, and his subsequent record shows how sincere were his convic- tions on this subject.
As president of the first Constitutional Convention he won still greater honors and established his reputa- tion as a man of unquestioned ability; indeed, so pronounced and universal was this that he was elected governor of the new State in January, 1803, without opposition. He was reelected in 1805 without opposi- tion, and in 1807 declined a third term which public sentiment was ready to confer upon him. During his second term he summarily arrested the participants in the Aaron Burr expedition, which resulted in the flight of Burr and the breaking up of the conspiracy. His vigorous and prompt measures on this occasion called forth a public letter of thanks from President Jefferson.
In 1807 he was elected United States Senator from Ohio. While in the Senate he was the means of secur- ing much valuable legislation for the new state. Appropriations for the Ohio River, and for surveying the public lands were obtained by him, and much of the same kind of practical work which characterized him as Governor marked his Senatorial term. He resigned in March, 1809, owing to the death of his wife. It so affected him that he determined to retire from public life. Returning to his once happy home in Chillicothe, it was his intention to spend his remain- ing days in peace, but notwithstanding his desires, his fellow-citizens elected him to the Legislature where he was unanimously elected Speaker of the House.
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He was afterwards appointed Commissioner of the Land Office, being the first to hold that office, and he systematized the claims and surveys of the public lands. He was in Washington in 1814 when it was burned by the British. President Madison, his Cabinet and the heads of the departments fled like cowards in the panic, and nearly all the public records of the American Republic were destroyed except the records of the Land Commissioner's office. Edward Tiffin stayed and saved the complete records of his department. So completely, compactly and systematically were they maintained, and so cool and level-headed was their custo- dian, that they were removed to a place of conceal- ment in Loudon County, Virginia, ten miles out of Washington. All the other departments lost most of their records; Edward Tiffin saved all of his.
He closed his life as surveyor general of the West, which position he held during the administrations of Madison, Monroe, John Quincy Adams and into Jackson's. He died in Chillicothe among the people who loved and honored him for more than a third of a century, after a remarkable life of usefulness and distinction.
This was the Edward Tiffin that confronted Arthur St. Clair in the contest for statehood. And Tiffin had a foeman worthy of his steel. Arthur St. Clair, the first and only governor of the Northwest Territory, was one of the most brilliant and distinguished military characters of the Revolutionary War. A con- temporary writer calls him "the great St. Clair," and while in the gubernatorial chair of the Northwest, Judge Burnet marked him as "unquestionably a
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man of superior talents, of extensive information, and of great uprightness of purpose, as well as suavity of manners." Courtly, scholarly and honest, he was a fitting representative of the government in a new land. St. Clair, as his name indicates, was of French origin, although his ancestors had for centuries lived in Scot- land, where he was born in 1734. He received his education at Edinburgh University, and was indentured as a student of medicine. He disliked this, and pur- chasing his time, he entered the English army in 1757. He was in the French and Indian War, and served under General Wolfe at Quebec, where his conduct was gallant and effective. He resigned from the English army in 1762 and settled down to civil life in Pennsyl- vania, where he filled many positions of trust, honor and importance.
When the colonies rebelled against Great Britain, St. Clair threw his entire fortune and enthusiasm on the side of his country. In 1775 he was summoned to Philadelphia by a letter from President Hancock. His record from thence is a part of the history of the Republic. He was the assistant and confidant of Washington; he was a member of his military family and shared the hardships of Valley Forge, together with the victories of many hard fought battles.
St. Clair, after the Revolution, retired to civil life. His fortune was gone in the whirligig of war. He started into the Revolution a rich man; when peace was declared the riches had flown. In 1786 he was in Congress from Pennsylvania, and as a hero of two wars and a distinguished patriot, he was elected its president in 1787. This Congress formulated and passed the
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Ordinance of 1787 under which St. Clair was nominated to the governorship of the Northwest Territory, which occurred October 5th. Governor St. Clair accepted his new honor with misgivings. He says in his letters that it was forced upon him by his friends, who expected that there was more pecuniary compensation attached to it than events proved. It was supposed that the opportunities for land speculation would be so great that St. Clair would make money out of his advantages of position. But he was not so inclined, nor did he expect such a result. He was satisfied with and frankly stated, that he had the "ambition of becoming the father of a country, and laying the foundation for the happiness of millions then unborn."
His unfortunate career as governor showed that he thwarted in every way his expressed ambitions. When Edward Tiffin entered upon the scene of action in the Northwest Territory, Arthur St. Clair was an old man, worn with the campaigns of war and the conflicts of politics. There was little save its dignity to show that the classic face was that of the handsome Ensign St. Clair, who used to wield the accomplish- ments of the drawing room among the Bowdoins and Bayards of Boston thirty years before.
We have already seen that the entrance of the fol- lowers of Thomas Jefferson into the Northwest was the commencement of a political war against Governor St. Clair that for persistency and bitterness, was fully equal to the famous controversy of Alexander Hamilton and Aaron Burr. Edward Tiffin had as his chief asso- ciates and lieutenants Thomas Worthington, Nathaniel Massie, Jeremiah Morrow and Return J. Meigs, Jr.,
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all men of the very highest character and inspired by noble ambitions. They believed in the people; they were not only opposed to the Federalist principles of St. Clair, but they resented the arbitrary and offensive methods of his administration. The Scotch governor knew of but two ways to control or govern men; they were to pull them or drive them. The Virginians would stand for neither method. So their opposition to St. Clair went not only to his principles, but to his methods. The events attending the first session of the Legislature developed a chain of grievances and furnished food for the bitterest contests. His exercise of the veto power invited the strongest opposition. He was an advocate of strong government. He did not believe in conferring on the citizen the fullest powers and responsibilities of American citizenship. Hefavored property qualification for electors. He got into a controversy with the Legislature over his own powers and prerogatives. He claimed and exercised the power of locating county seats and erecting new counties. This the Legislature denied, and attempted to enact laws on this subject which he promptly vetoed. In his contest with the Virginians he was supported by other able Federalists in the persons of Judge Jacob Burnet, Ephraim Cutler and General Rufus Putnam.
The second session of the First General Assembly, by virtue of the Federal law, met at Chillicothe on November 3, 1800. From the start the irrepressible question of the governor's power to erect counties projected itself into the legislative proceedings. The Council and the House of Representatives in a joint address to Governor St. Clair reiterated their position
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on this question. The General Assembly stated its case as follows: "It appears to the two Houses that this right naturally devolves on the General Assembly, for it is a general legislative act within every State in the Union. Coming from the different parts of the district, it is reasonable to suppose that the members of the two Houses have a better knowledge of the part of the country they represent that any other person besides. The Ordinance is silent on the mode to be adopted in fixing the place for the seat of justice within the different counties, which, of course, must become a legislative act, and a county laid out by any other power than the legislature could direct where the courts of justice should be held. When we reflect on the consequences which may ensue from such a difference of opinion, we are induced to ask your Excellency again to examine the subject, for should it be made a judicial question, which we conceive it is subject to, and be determined by the Supreme Court of the Territory that it is a legislative act, all the proceedings had in said county would, of course, be void, and the two Houses are fully of the opinion that when a county has been already laid out, that any county to be erected within said county, or part of two counties to be erected into one, there must be an alteration of the boundaries of said counties, and, of course, requires a legislative act." To this the Governor in a long address argued for his right, claiming that he acted in the interests of the people, and that he favored local government by counties as soon as the people were able to provide means for their support. While insisting that the act of creating a county was one within the power of the
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executive solely, he was not adverse to the people determining for themselves whether or not the county should be erected.
He expressed this view clearly and forcefully, and he met the friends of the people with a plan that embodied Democracy itself. This was his proposition: "But, to evince to you that it is my sincere desire to harmonize with you, if a bill shall pass your Houses enacting that, whenever five hundred or more free male inhabitants of twenty-one years of age, residing together in any part of the Territory, shall desire to be separated from the county in which they reside, and that the district which they actually inhabit may be erected into a new county by certain limits and lines of boundary, the Governor shall erect such district into a county, it shall receive my assent; provided, that means are therein pointed out whereby the Governor may be truly informed that there are actually not less than five hundred free males of twenty-one years of age, residing in the proposed limits, and, provided, that it shall be made to appear that the proposed separation will not reduce the number of inhabitants of that description in the original county below five hundred."
The Governor then proceeded to give his reasons for the plan proposed. He said, "It is a fixed opinion with me, gentlemen, that, the moment a county is erected, that moment, be the number of inhabitants what they may, they acquire a right to be represented in the legislature; and I am much persuaded that you will find the opinion correct. But the Ordinance for the government of the Territory has declared that for every five hundred free males of twenty-one years
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there shall be one representative, consequently a less number cannot be represented in the legislature, and, consequently, I cannot consent to any division of counties which would confer the right of being repre- sented upon a smaller number than that ordained by Congress. By the expedient above proposed, a prin- ciple upon which counties could be divided and new ones erected, conformably to the Ordinance, and with little trouble, would be fixed; and it would also be conformable to that other well-established principle, that representation and taxation ought to go hand in hand. You will, I trust, gentlemen, be sensible that my resistance in this instance proceeds from a sense of duty, because a compliance with your wishes would evidently relieve me from a great weight of responsi- bility, at the same time that my influence would prob- ably be increased, if, as we so often hear, an increased patronage would have that effect; for the creation of a great many new counties must necessarily be followed by a great many new offices, all in the gift of the Governor."
As might be expected, this reasoning fell upon unwill- ing minds, and the controversy on this subject ended so far as executive and legislative expressions were concerned, and the subject as being one of official controversy was dropped.
Governor St. Clair's term of office was about to expire, and his opponents were active at Washington seeking to prevent his reappointment.
In the spring of 1800 Thomas Worthington went to Philadelphia, which was then the seat of Government, and remained such until June of that year. He worked
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assiduously to accomplish two things: the division of the Territory on the Harrison plan, and to secure the removal of St. Clair. He succeeded in the first, but failed in the second. In this connection there is an interesting and pathetic fact illustrating the condi- tion of the Federal party in the Territory. When Worthington went to Philadelphia to work for state- hood and the removal of St. Clair, the Federalists wanted to send Judge Tod of Trumbull County and William McMillan of Hamilton County to counteract the movements and influence of the militant Virginian. Judge Tod estimated the expense at about three hun- dred dollars, but the Federalist party was too poor to raise that amount.
Governor St. Clair's first move against his opponents was to prorogue the Legislature. Accordingly he notified the General Assembly by message on December 2d, "that on Thursday the 9th of the month, an end must be put to the session of the Legislature; as on that day his term of office would expire; and it was not a case provided for by law, in which the place of the Governor, could be supplied by the Secretary." This was a surprise and a blow to the Governor's enemies. They had fully expected that on the expiration of his term December 9th, under the provisions of the Ordinance there would be a vacancy in the office to which the Secretary of the Territory, Charles Willing Byrd, would succeed. Byrd was an avowed enemy of the Governor and worked heartily in sympathy with his opponents. He had the additional qualifica- tions of being a Virginian and a brother-in-law of General Nathaniel Massie. He was, therefore, just
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the man to succeed the Governor. In this event they would ultimately secure control of the Territorial government by adjourning the Legislature and refus- ing to recognize the legal right of Byrd to act as Governor, to which he would not object. But St. Clair had a clear knowledge of his powers under the Ordinance, and by his courage and sagacity, thwarted this scheme.
The adjournment of the Legislature transferred the discussion of statehood to the people and the press. Meetings were held expressing sentiments for and against the question. Edward Tiffin at the head of a committee issued the following temperate address from Chillicothe: "Fellow-citizens :- The Ordinance for the government of the Territory of the United States north-west of the River Ohio declares 'that whenever there shall be sixty thousand inhabitants residing within the above described boundaries, they shall be entitled to a State government, and 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 government; pro- vided the constitution and government so to be formed shall be Republican.'
"By an act of Congress, passed at their last session, the census of this Territory is directed to be taken, under the direction of the secretary; and believing that there will be the number required by said Ordin- ance or nearly the number-we have taken this oppor- tunity of recommending to your consideration the propriety of going into a State government at as early
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a period as our number will admit of. In recommend- ing this subject to your consideration, we are well aware of the importance of the sentiments of our fellow- citizens on a subject so materially interesting to them, and we therefore recommend it to them to instruct their representatives, at their next meeting of the General Assembly, to govern themselves accordingly.
"You will, fellow-citizens, while reflecting upon the important subject, consider the additional expenses that must necessarily accrue in the exercise of a State Government, which you will perceive must unavoid- ably arise. You will likewise consider the superior advantages which you will derive therefrom. A candid comparison will, we presume, be the criterion by which you will govern yourselves in your deliberations.
"We are, fellow-citizens, with sentiments of respect, etc.,
Edward Tiffin and Others, Committee."
On January 4, 1801, the citizens of Marietta met at their courthouse and appointed a committee of five to prepare an address to the people of the Territory, urging them to oppose going into a state government. The sentiment of this community was Federal, but even Republicans like Return Jonathan Meigs and his son opposed statehood at this time. In a letter by the former to Thomas Worthington, he writes, "With respect to going into a State government, we all agree in opinion that it is improper. If the Governor's negative can be qualified, which will undoubtedly take place, our present system of government cannot be oppressive in any respect."
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While this conflict was being waged with great bitterness in the Territory, a similar contest against the reappointment of St. Clair was going on before Congress at Washington. He was nominated Decem- ber 22, 1800 by President Adams as Governor of the Northwest Territory for a further period of three years. With the nomination the President forwarded a number of petitions from friends and enemies. All of these were referred to a committee of the Senate. This committee reported that the charges against Governor St. Clair, though various and of a serious nature, were not supported by those who filed them, and while not relieving him entirely from censure, they recommended his confirmation, which was accordingly voted February 3, 1801.
United States Senator Stevens Thomson Mason writing to Thomas Worthington from Washington, February 5, 1801, tries to explain away the confirma- tion and at the same time offer some consolation for a grievous disappointment. Senator Mason was one of the powerful Virginians that Tiffin, Worthington and Massie could always depend upon when the Western branch of the Virginia dynasty needed help. Among other things he writes: "I thought, myself, that there was sufficient to show that he was very obnoxious to a great part of the people, and that he ought not to have been reappointed. Some members who did not approve of the appointment were induced to vote for it from an apprehension that, should he be rejected, some person more obnoxious might be appointed, such as Tracy, and it would only be exchanging an old and feeble tyrant for one more active and wicked. Your
FIRST STATE HOUSE, CHILLICOTHE From the "American Pioneer," June, 1842.
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While this conflict was being waged with great bitterness 'in the Tern энторіWHO даион ATATa тая similar contest against the reappointment of bt Clair was going on before Congress at Washington. He was nominated Decem- ber 22, 1800 by President Adams as Governor of the Northwest Territory for a further period of three years. With the nomination the President forwarded a number of petitions from friends and enemies. All of these were referred ti w amallire of the Senate. This coaltte mmpiemnej that the charges against Governor 51. Dll, Alewith serious and of a errious nature, were Marcó le dew who fied shown, and while not p &g lico only ilg From perourg dey recommended low-fontes, chili was agooditaly pored February
UPGed Sinu Sowie Stevens Thomson Mason Writing A Thomas Worthington from Washington, February 5, 1801, tries to explain away the confirma- tion and at the same time offer some consolation for a grievous disappointment. Senator Mason was one of the powerful Virginians that Tiffin, Worthington and Massie could always depend upon when the Western arty needed help. Among bir write." "I thought, myself, that there was sufficient co show that he was very obnoxious to a great part of the people, and that he ought not to have been seappolmed. Some members who did not Approve of the appointment were induced to vote for ix froes ww apprehension that, should be be rejected, Nome person more obnoxious might be appointed, such AN Tracy, and it would only be exchanging an old and feeble tyrant for one more active and wicked. Your
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representative, too, I believe, took great pains among the members out of doors." In closing he makes this significant suggestion: "Should your next House of Representatives be of the character you expect, I should suppose they might petition the new President for the removal of the Governor with effect, and could send forward proofs and documents to support the charges against him." The "new President" was Thomas Jefferson, who was inaugurated a month after- wards, March 4, 1801; as subsequent events show, the suggestion did not fall upon barren ground.
The Second General Assembly of the Territory convened at Chillicothe, November 23, 1801. Edward Tiffin was elected Speaker of the House of Representa- tives, and Robert Oliver, President of the Council. This body met in the new State House, the construction of which was commenced in 1800. It was the first public edifice built of stone in the Territory. In it the first Constitutional Convention afterwards assembled, as well as the first State legislature, and it continued to be the capitol of Ohio until 1810.
A contemporary resident of Chillicothe gives this interesting description of the building: "The house occupied the room on the ground floor, a very uncom- fortable, badly lighted and roughly finished room, with a fireplace at each end and a wide, open stairway out of one corner leading up to the second floor. All the wood which could be piled on the fires failed to heat the large room in winter. The senate occupied a room on the second floor. This was a low room with a platform for the Speaker's seat at one side, and long,
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roughly made tables on the floor with plain Windsor chairs ranged behind for the reverend Senators."
It was during this Assembly that the contest between Governor St. Clair and the advocates of statehood reached its turbulent and sensational climax. It was the Governor's purpose to accomplish one of two things, and by so doing thwart the designs of Tiffin, Worthing- ton, Massie and their followers. This was either to prevent statehood for an indefinite period, or if it was inevitable, to form a state that would be Federalist when admitted to the Union. The first bill of the session looked to this purpose. It was a direct chal- lenge to President Jefferson and his supporters. It was a foolish move on the part of the Governor; and demonstrated that he exercised no judgment or dis- cretion in his actions. The President and Congress were Republican, and it seemed a step towards self-destruction to present a measure distinctly in the interests of the Federal party, to those controlling powers.
The object of this bill was to so change the boundaries that the eastern state, when formed, should be bounded on the west by the Scioto River, and a line drawn from the intersection of that river with the Indian boundary to the western extremity of the Connecticut Reserve; the middle state, by a line running from the intersection of the Ohio with the western boundary of George Roger Clark's grant to the head of the Chicago River, and by that river and Lake Michigan, to the territorial line; and the western state by the Mississippi River.
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