USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Three > Part 8
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In the Council it passed unanimously; in the House the friends of statehood opposed it bitterly but in
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vain. After its passage Tiffin, Worthington and Lang- ham of Ross County, Darlinton and Massie of Adams County, and Dunlavy and Morrow of Hamilton County joined in a formal protest against it. The intense passion generated in the Assembly was shared by the people of Chillicothe. A public meeting was held at this place and a committee was appointed to draft and forward to Congress a petition requesting it to refuse its assent to the proposed division of the Terri- tory. Runners were sent throughout the Territory to secure signatures to this petition, and agents were despatched to procure aid in the different counties.
This piece of legislation, entitled, "An act declaring the assent of the Territory Northwest of the River Ohio to an alteration in the ordinance for the govern- ment thereof," was approved by the Governor, Decem- ber 21, 1801: in connection with its passage threats had been openly made by Federal members of the Assembly to punish the Chillicothe junto by removing the Territorial capital to Cincinnati. This served but to increase the fury of the Chillicotheans, and for two evenings, just before Christmas, the little town was the scene of riotous proceedings directed against the Governor and his friends in the Assembly. The mob was led by one Michael Baldwin, a brilliant young lawyer from Connecticut who joined the Virginia colony at Chillicothe and soon stood high in their esteem and politics by reason of force and intellectual attainments. He was at the head of the bar of this part of the Territory. His dissipation alone denied him fame in his adopted state.
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Baldwin with his mob broke into Governor St. Clair's boarding house with deadly and riotous purpose. Thomas Worthington, friend and political associate of Baldwin as he was, loyally defended the Governor, and seizing Baldwin threatened him with death if he laid a hand on the venerable St. Clair. Jonathan Schieffelin, a representative from Wayne County (now a part of northern Ohio and Indiana, and the state of Michigan), confronted the mob with a brace of loaded pistols and drove them into the street. The protesta- tions of the Governor, and the firm position of Worth- ington quieted the tumult. Infuriated at the conduct of the mob Governor St. Clair sent a special message to the General Assembly and forwarded to the Secre- tary of State at Washington a complete account of the disgraceful affair.
The very object which the lawless gathering pro- tested against and sought to prevent was precipitated by its action, for on the first day of the New Year, of 1802, the Governor approved "An Act to remove the seat of government and fix the same at Cincinnati, in the county of Hamilton."
Just before this happened Thomas Worthington, and the man whom he had threatened with death a few days before, Michael Baldwin, started for Washington to oppose the passage of any change in the boundaries, as proposed by St. Clair and passed by the General Assembly.
The original instructions restricted Worthington and Baldwin to defeating the act of the Assembly. But the leaders of the State party inspired them with bolder and more far-reaching purposes. These were, to
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secure the removal of St. Clair, and to procure the passage of an enabling act of Congress looking to the establishment of a state government within the bound- aries of the eastern division of the act of 1800. Paul Fearing, of Marietta, the delegate in Congress from the Northwest Territory, and a pronounced Federalist, did his utmost to secure the approval of the act chang- ing the boundaries. The House of Representatives, however, by a vote of eighty-one to five, rejected the act of the Territorial legislature. Singularly enough, Dr. Manasseh Cutler, who was a Federalist Congress- man from Massachusetts, was one of the five that voted to make the Scioto River the western boundary of Ohio.
With the boundary question settled, the Republicans proceeded to give their attention to St. Clair. While Worthington and Baldwin were industriously working at Washington, Tiffin, Massie and their associates, were advancing the cause of statehood at home. They were laying the foundations of a movement, that, in their minds, would remove the last and greatest obstacle to the creation of the State of Ohio.
Edward Tiffin took the lead in the political assault on the Governor; this assumed the form of charges of maladministration in the execution of his office. To him more than to any of his associates, whether it was right or wrong, must be charged and credited the ulti- mate removal of St. Clair and the success of the struggle for statehood. William Henry Smith, the just and reliable biographer of the Governor, says: "In the long struggle, Dr. Tiffin seems to have been the most
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determined and active advocate of State organization, and was the spur to the energies of Massie, Worthing- ton, Creighton and others."
The letters of Tiffin to Worthington at Washington during February 1802, show the former's intense activity against St. Clair. On the first day of this month he wrote: "I have used every exertion to get Colonel Massie to draw up and forward his charges. We have appointed three different times to meet on that business, and I have always attended but could never get him there. He has now left town, and when I shall see him again, I know not." We are not able to discern the reason for Massie's delay, or apparent dereliction in speedily assaulting the Governor, for of all men in the Territory, he had more personal reasons for opposition. Under date of February 8th, however, Tiffin advised that progress was being made: "We have this day been busy in drawing up charges to forward to the Secretary of State against Governor St. Clair. Colonel Massie, Mr. Creighton and myself meet again at my house on Wednesday. We will send them on by the next mail thereafter, most certainly." And in his final letter of February 20th, he wrote: "I expect ere this you have received the charges against the Governor; I had much trouble to get Colonel Massie to finish them."
The political offenses charged against Governor Arthur St. Clair, instigated by Edward Tiffin, drawn by Nathaniel Massie and preferred by Thomas Worth- ington, all Republican leaders, in form were these:
"I. He has usurped legislative powers, by the erection of courts and location of the seats of justice by proclamation, on his own sole authority.
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2. He has misused the power of negativing legislative acts by putting his negative on laws useful and neces- sary for the Territory.
3. He has refused to perform the duties of his office but on the payment of arbitrary fees not established by any lawful authority.
4. He has negatived acts of the Legislature abolish- ing those fees, and passed their act giving him $500, meant as a compensation for that abolition, thereby holding both the fees and compensation.
5. He has attempted to effect the dismemberment of the Territory, and to destroy its constitutional bound- aries, in order to prevent its advancement to those rights of self-government to which its numbers would entitle it.
6. He has granted commissions generally during pleasure; but that of Attorney-General to his own son during good behavior.
7. He has endeavored arbitrarily to influence and control the proceedings of the judiciary, and has revoked or effected a surrender of the commissions of those who have refused to bend to his will.
8. He has appointed persons residing out of a county to offices the duties of which were to be habitually performed within them.
9. He has (neglected and thereby) obstructed the organization and disciplining of a militia for the defense of the Territory by withholding the appointment of officers eighteen months after a law had passed estab- lishing them.
IO. He has avowed his hostility to the form and substance of Republican government (and contempt of militia regulations)."
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Massie in his draft of the charges had another item of misconduct against St. Clair, but Worthington eliminated it from the document which he presented to the President. The eleventh charge was as follows: "II. He is in the habit of indulging himself in arbi- trary and rude conduct toward those who have to transact business with him, or under him."
While these charges were being discussed and framed at Chillicothe, the Governor being fully advised, wrote to President Jefferson from Cincinnati defending his personal conduct and his administration. This letter dated February 13, 1802, is a mixture of challenge and fight, indignation and pathos, and it shows that the old warrior might die, but he would never surrender. Neither is it to be doubted that the President, remem- bering the patriotic record of the Governor in the service of his country, received his letter with more than pass- ing consideration.
The Governor's letter to the President was as follows:
"Sir :- It is most probable that the violent exertions made last winter, when my term of office expired, by some persons from this Territory, in order to prevent a renewal of it, did not escape your notice, but it may not have come to your knowledge that, to accomplish that object, the basest means, the vilest falsehoods, and the foulest calumnies were resorted to; nor that, at the very moment, they were, every one of them, guilty of the blackest ingratitude. By letter, sir, received from Washington by the last mail, I am informed that the same persons, or some of them, are now endeavoring by like means to ruin me with you, and scruple not to opine that my removal is decided
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on. I hope and trust that the case is not so. If they have, sir, found their way to you, I entreat you not to give implicit credit to their suggestions.
For ten years of the twelve I have held the govern- ment, the confidence, the approbation, and the good wishes of the people constantly attended me, nor would this have been lessened but for the insidious practices of those aspiring individuals.
I dare to challenge the whole world to produce an occasion in my administration in which a single individ- ual has met with opposition to an act to further the interest and welfare of the people.
To the accomplishment of these objects I have given up the best years of my life, at the expense of my health and fortune. It is certainly true that I have, all along, used my best endeavors to keep the people steady in their attachment to the General Government, and, so long as this country remains in a colonial state, and the administration is in my hands, so long will those endeavors be continued, by whomsoever that Govern- ment may be conducted.
Placed at a happy distance from, and unconnected with any of the parties in the United States, I have devoutly wished the general happiness, and faithfully abored for those of this particular quarter, and en- deavored to throw my mite into the general treasury, by forming the people to industry, to obedience to the aws, to moderation in opinions, and to virtue in their ives and practice. The loss of my office would, I acknowledge, sir, be very inconvenient, for, though the duties of it have occupied constantly and exclusively more than twelve years, the expenses necessarily
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incident to it and the maintenance of my family, on a very narrow scale, have swallowed up much, indeed, nearly all, of my private funds, without one single cent being saved from the salary. That is nothing. I may have been sacrificing to vanity, though I have not been sensible of it. But a removal can not take place with out deeply affecting my reputation, and that, I own, would be most severely felt. I beg of you, sir, if it should seem to appear, from the representations that may have been made, that such a measure would be proper, to postpone it until I can have it in my power to wait upon you in person, or that you will please to direct an inquiry into my conduct."
This letter was supplemented by a personal visit of Governor St. Clair to President Jefferson. There is no record of their interview, and Jefferson has left us no evidence of what his opinion was concerning these charges. But the fact remains that he did not even entertain them. He was considerate enough of the feelings of the Revolutionary hero not to humiliate him in his old age by removing him for dereliction in office; and he was politician enough to see that in approaching statehood St. Clair could be disposed of in a manner less drastic, and less dishonorable. So the effort to throw him out of office at the behest of par- tisan rivals failed. That event came later, more summarily, more cruelly, but on less objectionable grounds, and was brought about by the indiscretion of the Governor himself.
There were other and more important plans running through President Jefferson's mind than the mere removal of a Territorial governor, an event, at best
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only desired by a few Virginia partisans on the Ohio. He saw in the sentiment for statehood in the North- west Territory a far-reaching project that would strengthen his chances for reelection, and the lease of power of the Republican party.
Jefferson's election to the Presidency had been too close for comfort. The presidential campaign of 1800 resulted in a victory for the Republicans under Jeffer- son, who obtained seventy-three electors, and the Federalists sixty-five. The Constitution, at that time, made it necessary for each presidential elector to vote for two persons without designating which was to be President and which Vice-President. The one who received the greatest number of votes was elected Presi- dent, and the next greatest Vice-President. Through the machinations of Aaron Burr, the vote revealed that Jefferson and Burr had the same number of electors. This tie threw the election into the House of Representatives, where in such an election each state had one vote, and a majority of the states was necessary to a choice. The result of the roll call of the states after thirty-six ballots was that Jefferson received the votes of ten states, Burr of four and there were two blanks. Thereby Thomas Jefferson became President, and Aaron Burr Vice-President of the United States.
The President with an eye to the future wanted more Republican states in the Union before the next presi- dential election, and he viewed with favor, and cordially encouraged the rising cry for statehood beyond the Ohio. Congress, being of the same view as the Presi- dent, likewise encouraged this movement.
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There is no question but the overwhelming sentiment of the Territory was for entrance to the Union. The Federalists however to a man opposed it with all the arguments at their command. But it was a case which power would decide and not arguments. However it is well to know all the facts on both sides, and we can get these from Judge Burnet who states them fairly and judicially in his "Notes." Notwithstanding that he is St. Clair's ablest defender and the most powerful Federalist of the Territory, his statements are worth care- ful consideration to one who wants to know both sides.
The arguments for and against statehood are given by him as follows: "On the one side it was alleged that the existing government was anti-republican; that the inhabitants did not enjoy the political rights which belonged to freemen; that neither the Governor, the Judges of the General Court, nor the Legislative Coun- cil, were, in any form, amenable to the people; that the power of appointing to office, held by Congress, was dangerous; that it had been abused; that the Governor controlled the will of the Representatives of the people; and that there was no remedy for these evils, but a radical change of government."
"On the other hand, it was contended that notwith- standing those allegations were technically true, yet they produced but little, if any, injury in practice, that they were the unavoidable result of the plan adopted for the settlement of the Territory, which was originally admitted to be wise, judicious and safe; that the objections to the form of government were theoretical defects, rather than practical evils; that the exercise of the appointing power, as far as it was held by Con-
GOVERNOR ETHAN ALLEN BROWN
From a painting in the Capitol at Columbus.
Born, July 4, 1776 on Long Island, N. Y .; settled in Cincinnati in 1802; served as Judge of the Supreme Court from 1810 to 1818, elected Governor in 1818; elected United States Senator in 1822; appointed Minister to Brazil in 1830; was Commissioner of the Land Office, 1835-1836; died at Indianapolis, February 24, 1852.
THE RISE AND PROGRESS ИМОЯЯ ИЗІЈА ИАНТА ЯОЛЯНТОВ
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dels 818vo botools .81810 018itmeth all the arg of otziniM hatrioggs :ss81 ni tots092 29tst2 botinU is at their Soffo brist off to forforazimmod asw 10881 mi lisefase which power walilads GistrdeHqafloqsnsibnl fs boibc: 0g81-zeslowever it is well to know all the facts on both sides, and we can get these from Fudge Burnet who states them fairly and jubcially in his "Notes." Notwithstanding that ke Je St. Clair's ablesy defender and the most powerful Federalist ofilir/Tevitery, his statements are worth car Monkeycan tasse whe wants to know both side lot and apainet Hatehood are given by War ar Move: "On the ont alde it was alleged dax Thị pristaje government was wind republican; that de inhabitants did not enjoy the political rights which Seloound so fremen) that neither the Governor, the Jadga of the General Court, nor the Legislative Cour wil, were, in any form, amenable to the people; tha the power of appointing to office, held by Congress, w dangerous; that it had been abused; that the Governdi controlled the will of the Representatives of the people; and that there was no remedy for these evils, but tarliral change of povernment."
Tho abe other hand, je wwt contended that notwith osobyg dier Allegations were technically true, ye they po quesel Bet Bile, if any, Injury in practice, than they were the unavoidable remh of the plan adopted for the settlement of the Territory, which was originally adimitted to be wise, judicious and safe; that the objections to the form of government were theoretical detmets, rather than practical evils; that the exercise of the mppointing power, as far as it was held by Con
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gress, was fully compensated for by the payment of the salaries of all the officers whom they appointed; that the inhabitants of the district were too few and too poor to bear the expense of a State government; that their numbers were rapidly increasing; that in two years, at most, the district would have a population which would entitle it, as a matter of right, to become a State, without conditions or restrictions, and that it was better to endure the inconveniences complained of until the time should arrive when the proposed change would be a matter of right, and the people better prepared to meet the expenses of the change."
Congress was flooded with petitions and protests on the question of a new state. These were answered by the passage of "An act to enable the people of the eastern division of the territory northwest of the River Ohio to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes." This received the President's approval and became a law, April 30, 1802.
Briefly stated the important features of this act were: (1) The inhabitants of the Eastern division of the Territory were authorized to form a constitution and State government, assuming such name as they deemed proper, said State to be admitted to the Union on the same footing as the original States in all respects. (2) The boundaries of the State should be: East, the Pennsylvania line; south, the Ohio River; west, the meridian of the mouth of the Great Miami; north, a due east and west line drawn through the southern extreme of Lake Michigan, and the international
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boundary-line. Congress, however, reserved the right to annex to this State that portion of Michigan included within the territorial lines of 1800-that is, about one-half the lower peninsula-or to dispose of it other- wise. (3) All territory included within the limits of 1800, that these lines did not embrace, was annexed to Indiana Territory. (4) All male citizens residing in the Territory, having certain prescribed qualifica- tions, were authorized to choose representatives to form a convention in designated numbers, county by county, on the second Tuesday of October ensuing. (5) The representatives thus chosen were authorized to meet in convention at Chillicothe the first Monday of November, 1802; which convention should deter- mine, by a majority of its whole number, whether it was now expedient to form a constitution and govern- ment, and, if so, to form then, but if not, then to pro- vide by ordinance for calling a second convention for that purpose; said constitution, in either case, to be republican and not repugnant to the Ordinance. (6) Until the next census the new State should be entitled to one member in the House of Representatives. (7) Three propositions were submitted to the convention which, if accepted should bind the United States: The grant to the State of section No. 16 in every town- ship for the use of schools, the grant of certain salt- springs, and the grant of one-twentieth part of the net proceeds of all lands sold by Congress within the State, to be applied to building roads connecting the Eastern and the Western waters; provided, the State would exempt from taxation all such lands for the term of five years from the date of sale.
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This "enabling act" did not provide for any elements of popular sovereignty. The people of the territory were not asked whether they wanted a constitutional convention, but they were told to hold one, and how. This was one of the strongest grounds of opposition as developed in the House of Representatives. The act also provided for a districting and apportionment of the Territory, which was denounced as arbitrary and unjust. The opponents of the act charged that the Jeffersonian managers were afraid to entrust these things to the people acting through their territorial legislature.
Mr. Fearing, the Territorial delegate, opposed it strongly on other grounds. He said that Congress had exhausted its powers when it consented to the admission of the State before its population reached sixty thousand. He further contended that Congress could not divide the district, admitting by piecemeal. Bayard of Delaware and Griswold of Connecticut argued against its passage.
An analysis of the vote (Annals of Congress, 1801-02, pp. 1105-III2) shows that there was a pronounced sentiment for the creation of the new state; it shows also that the southern members of the House generally favored it and the members from New England generally opposed it. The vote was forty-seven yeas to twenty- nine nays. Twenty-six of the affirmative votes came from the South, fourteen from the Middle States and nine from New England. Of the twenty-nine negative votes, nine came from the South, five from the Middle States and fifteen from New England. Dr. Manasseh Cutler, then a member from Massachusetts, voted
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against the bill. The vote of Virginia was fifteen for admission and one against; Massachusetts five for and five against; while Connecticut was none for the bill and five opposed. So from these facts it is well to remember, that in charging the Republicans with forcing statehood for political reasons, the Federalists were equally positive in opposition inspired by the same motive.
Thomas Worthington as the agent of the State party had carried out his mission. On the very day that the President approved the bill fraught with such importance to the new West, Worthington wrote to Nathaniel Massie from Washington: "I do myself the pleasure to enclose you a copy of a law passed for the ad- mission of the Territory into the Union as a State. I leave this place in an hour." In acknowledgment of his great service he was received at his home with re- joicings and celebrations. Chillicothe was illuminated in his honor, and bonfires burned nightly in expres- sion of joy before many a cabin in the Territory.
The Federalists expected that statehood would win, but nevertheless they did not fail to protest to the end against the enabling act. Governor St. Clair in a speech at Cincinnati denounced the Chillicothe con- tingent, and the Republican societies that had been organized to promote statehood and the interests of Jefferson in the Territory. He charged that these self- styled lovers of liberty, "chiefly residing in the county of Ross," desired to introduce slavery into the new state. At Dayton on September 26, 1802, a public meeting of the citizens condemned the law "as an act of legislative usurpation of power properly the province
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