USA > Ohio > Seneca County > History of Seneca County, from the close of the revolutionary war to July, 1880 > Part 67
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" Journal of the convention of the territory of the United States, north- west of the Ohio, begun and held at Chillicothe, on Monday, the first day of November. A. D. 1802. and of the independence of the United States the twenty-seventh. Published by authority, Columbus : George Nash, state printer, 1827."
" In order that it may become better known, and as the first of a series of papers illustrative of the constitutional history of the several states, we re-
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produce this very important western document, complete, and we assure ourselves that our readers will be glad to see it."-{ Editor Historical Maga- zine :
JOURNAL OF THE CONVENTION.
Begun and held at the town of Chillicothe, in the county of Ross and ter- ritory aforesaid, on the first Monday in November (being the first day there- of) in the year of our Lord, one thousand, eight hundred and two, and of the independence of the United States of America. the twenty-seventh.
On which day, being the time and place appointed for the meeting of the convention for the purpose of forming a constitution and state government. by the act of congress entitled : " 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," the fol- lowing members appeared, who produced certificates of their having been duly chosen to serve in the convention, and having severally taken the oath of fidelity to the United States and also an oath faithfully to discharge the dnties of their office, took their seats, to wit: (See the names of the mem- bers as signed to the constitution).
On motion, the convention proceeded to the choice of a president pro tem. when William Goforth, Esq., was chosen and took the chair.
On motion, the convention proceeded to the choice of a secretary pro lem. wherenpon Mr. William MeFarland was chosen and proceeded to the duties of his office.
On motion,
Resolred, That a standing committee of privileges and elections, to consist of five members, be chosen by ballot, 'whose duty it shall be to examine and report upon the credentials of the members returned to serve in the conven- tion, and to take into consideration all such matters as shall or may be re- ferred to them, touching returns and elections, and to report their proceed- ings, with their opinions thereon, to the convention.
And a committee was appointed of Messrs. Worthington, Darlinton, Smith. Milligan and Huntington.
On motion, the convention proceeded by ballot to the choice of a door- keeper, to serve during the pleasure of the convention, and upon examining the ballots, a majority of the votes was found in favor of Adam Betz.
On motion, ordered that a committee of three be appointed to prepare and report rules for the regulation and government of the convention, and that Messrs. Reily, Milligan and Worthington be the said committee.
And then the convention adjourned until to-morrow morning at 10 o'clock.
Tuesday. November 20, 1802.
Several other members appeared, who severally produced certificates of their having been chosen as members of the convention, and having taken the oath of fidelity to the I'nited States and also an oath faithfully to dis- charge the duties of their office, took their seats.
Mr. Worthington, from the committee of privileges and elections, to whom was referred the several returns of elections of members to serve in the con- vention, made a report, which he delivered in at the secretary's table, where the same was read in the words following, to wit :
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" The committee of privileges and elections, to whom was referred the certificates of the election of the following members : (named in the " Jour- nal") having carefully examined the same, find them regular and agreeably to a law of the territory, entitled : . An act to ascertain the number of free male inhabitants, of the age of twenty-one, in the territory of the United States, northwest of the river Ohio, and to regulate the elections of the rep- resentatives for the same, and that the members aforesaid, from the certifi- cates to us referred, appear duly elected.'
The said report was again read and on the question thereupon, agreed by the convention.
On motion,
Resolved, That the convention proceed by ballot to the choice of a presi- dent.
The convention accordingly proceeded to choose their president, and upon examination of the ballots, it was found that Edward Tiffin, Esq., was duly chosen, who accordingly took the seat in the chair and delivered the follow- ing address :
"GENTLEMEN : I beg you to be assured that I duly appreciate the honor you have conferred in selecting me to preside over your deliberations on this important occasion. The duties of the chair will, I presume, be pleasing and easy, for, from the known characters of the gentlemen who compose the convention, there can be no doubt but that the utmost propriety and decorum will be observed, without the aid of interference from the chair. Whatever rules you may adopt for the government of the convention shall be strictly observed, and in every decision which may be required from the chair. the utmost impartiality shall be evinced."
On motion.
Resolred, That the convention proceed by ballot to the choice of a secre- tary, and upon examining the ballots, it was found that Thomas Scott, Esq .. was duly chosen, who thereupon took the oath of fidelity to the United States and also an oath faithfully to discharge the duties of his office.
On motion.
Resolved, That the convention proceed by ballot to the choice of an assist- ant secretary, and upon examining the ballots a majority of the votes of the whole number was found in favor of Mr. William McFarland, who there- upon took the oath of fidelity to the United States and also an oath faithfully to discharge the duties of his office.
Convention adjourned until to-morrow.
Wednesday, November 3d, 1802.
Another member, to wit: from the county of Hamilton, John Mitchell. who appeared, produced certificate of his having been duly chosen as a member in the convention, and having taken the oath of fidelity to the United States and also an oath faithfully to discharge the duties of his office, took his seat.
Mr. Reily, from the committee appointed to prepare and report rules for the regulation and government of the convention, made a report, which was received and read, whereupon,
Resolved, That the same be established as the standing rules and orders of the convention. Then follow the standing rules.
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n motion, leave was given to lay before the convention a resolution on the subject of forming a constitution and state government, which resolu- tion was received and read the first time.
On motion, the said resolution was read the second time, whereupon,
Resolved, That the convention will immediately resolve itself into a com- mittee of the whole on said resolution.
The convention accordingly resolved itself into the said committee, Mr. Goforth in the chair, and after some time spent therein, Mr. President re- snmed the chair, and Mr. Goforth reported that the committee had, accord- ing to order, had the said resolution . under consideration, and made no amendments thereto.
The said resolution was then amended at the secretary's table, and read the third time, and on the question that the convention do agree to the same, in the words following, to-wit :
WHEREAS, congress did by the law, entitled " 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 said state into the Union, on an equal footing with the original states, and for other pur- poses, (provided that the members of the convention thus duly elected, agreeably to the act aforesaid, when met, shall first determine by a majority of the whole number elected. whether it be or be not expedient, at this time, to form a constitution and state goverment for the people within the said territory ; ) therefore,
Resolved, That it is the opinion of this convention that it is expedient at this time to form a constitution and state government.
It was resolved in the affirmative -- yeas, 32; nays, 1.
The yeas and nays being demanded, the vote in the negative was Mr. Cutter.
" Sec. 7 .- No negro or mulatto shall ever be eligible to any office, civil or military, or give their oath in any court of justice against a white person, be subject to do military duty or pay a poll tax in this state; provided always, and it is fully understood and declared, that all negroes and mulattos now in, or who may hereafter reside in this state, shall be entitled to all the priv- ileges of citizens of this state, not excepted by the constitution."
And on the question thereupon it was resolved in the affirmative-yeas, 19; nays, 16.
Ayes-Messrs. Abrams, Baldwin, Blair, Byrd, Caldwell, Carpenter, Don- alson, Grubb, Humphrey, Kirker, MeIntire, Massie, Milligan, Smith, Mor- row, Tiffin, Woods and Worthington.
Nays-Messrs. Abbot, Brown, Cutter, Dunlavy, Gatch, Gilman, Goforth. Huntington, Kitchel, Panl, Putnam. Reily. Sargent, Updegraph, Wills and Wilson.
On motion the fourth article of the constitution designating the qualifica- tion of electors, was taken up and read the third time, in order for its final passage.
A motion was made to amend the said article by striking out after the word " elector" in the seventh line of the first section the words following :
·· Provided, that all male negroes and mulattos, now residing in this terri- tory, shall, at the age of twenty-one years, be entitled to the right of suffrage.
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if they shall within one year make a record of their citizenship with the clerk of the county in which they may reside ; and, provided also, that they have paid or are charged with a state or county tax."
Resolved in the affirmative-yeas, 17; nays. 17. The convention being equally divided, and Mr. President declaring himself with the yeas.
Sec. 19 .- The legislature of this state shall not allow the following officers of government greater annual salaries than as follows, until the year 1808. to wit :
The governor not more than one thousand dollars; the judges of the su- preme court not more than one thousand dollars each : the secretary not more than five hundred dollars; the auditor of public accounts not more than seven hundred and fifty dollars ; the treasurer not more than four hun- dred and fifty dollars ; no member of the legislature shall receive more than two dollars per day during his attendance on the legislature, nor more for every twenty-five miles' travel in going to and returning from the general assembly.
It was resolved in the affirmative-yeas, 21 ; nays, 13.
November 27, 1802.
Mr. Goforth, from the committee appointed to prepare an address to the president of the United States, and both branches of the federal legislature, . expressive of the high sense the convention entertain of the cheerful and philanthropie manner in which they made provision for the admission of this state into the Union ; and expressive of the approbation of the present administration of the general government. made a report, which was re- ceived and read the first time.
On motion the said report was read the second time. and agreed to by the convention in the words following :
To the President and both Houses of Congress of the United States :
The convention of the state of Ohio, duly appreciating the importance of a free and independent state government, and impressed with sentiments of gratitude to the congress of the United States for the prompt and decisive measures taken at their last session to enable the people of the northwestern territory to emerge from their colonial government and to assume a rank among the sister states, beg leave to take the earliest opportunity of announe- ing to you the important event ; on this occasion the convention cannot help expressing their unequivocal approbation of the measures parsued by the present administration of the general government and both houses of con- gress, in diminishing the public burdens, cultivating peace with all nations, and promoting the happiness and prosperity of our country.
Resolred, That the president of the convention do enclose to the president of the United States, to the president of the senate and to the speaker of the house of representatives of the United States the foregoing address.
On motion resolved, that the constitution be ratified by the convention. and thereby the following members ratified and subscribed their names to the constitution, to wit : EDWARD TIFFIN,
President and representative from the county of Ross.
From Adams county-Joseph Darlinton, Israel Donalson and Thomas Kirker.
From Belmont county-James Caldwell, Elijah Woods.
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From Clermont county-Philip Gatch, James Sargent.
From Fairfield county-Henry Abrams. Emanuel Carpenter.
From Hamilton county-John W. Browne, Charles William Byrd, Francis Dunlavy, William Goforth, John Kitchel, Jeremiah Morrow, John Paul, John Reiley, John Smith, John Wilson.
From Jefferson county-Rudolph Bair, George Humphrey, John Milligan, Nathan Updegraph, Bazabel Wills.
From Ross county-Michael Baldwin, James Grubb, Nathaniel Massie. Thomas Worthington.
From Trumbull county-David Abbot, Samuel Huntington.
From Washington county-Ephraim Cutter, Benjamin Ives Gilman, Jolin MeIntire, Rufus Putnam.
William Creighton, Jr., secretary of state; salary. $500.
THE FIRST MESSAGE OF THE FIRST GOVERNOR OF OHIO TO THE FIRST GENERAL ASSEMBLY OF OHIO.
To the General Assembly of the State of Ohio :
GENTLEMEN OF THE SENATE AND OF THE HOUSE OF REPRESENTA- TIVES : We now exhibit another sovereign, free and independent state, or- ganized northwest of the Ohio, which is about to be added to the confederate government, emphatically styled " the world's best hope :" many of our citi- zens have looked forward to that period, and not without reason, when they should become a free people, and I sincerely congratulate you and them, that they have now an entire legislature of their own choice, assembled under a constitution sacred to liberty : a constitution which rests upon equal rights and displays a pure representative system, a constitution whereby the rulers are derivable from, and amenable to the people: a constitution calculated to excite in all our citizens a patriotic zeal, by giving each indi- vidnal an opportunity, by merit, of being called upon to participate in the government, that all may strive habitually to feel and distinctly understand its first principles.
The period wherein we commence our national existence is peculiarly auspicious ; the government of the United States respected abroad, strong in the confidence of its citizens at home, and by a wise and prudent policy in lopping off all extraneons exeressences from the body politic, requires less fiscal exactions to preserve it in its pristine health and constitutional vigor : the good effects resulting therefrom to us, in our first essay towards self-gov- ernment are evident ; and it is a pleasing reflection that the sons of Ohio. conscious of the tender solicitude and lively interest manifested for the happi- ness and welfare of every portion of the American people as well, are fast progressing with their fellow citizens in the other states towards a union of sentiment and affection.
DEMAND FOR A FREE PASSAGE TO THE SEA.
The recent embarrassments to our infant commerce, occasioned by the irreg- ularities at New Orleans, we have every reason to believe, will soon be removed by the prompt and efficacious measures taken by the president of the United States, and which has been aided by the minister of his Catholic Majesty, and from the embassy. which has been wisely adopted. we may further hope
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that our situation will be bettered, by placing our commerce on a footing not liable to similar interruptions in future. If, however, the just and natural expectations of government should be frustrated, we are consoled by the lively sensibility excited in the general government, and in every part of the Union, for the situation of their western brethren, and although every friend to humanity may have to regret the dernier resort, yet it is as much impos- sible to prevent the Mississippi from discharging its vast contents, swelled with the numerous navigable rivers with which it is nourished, into the bosom of the ocean, as to prevent, at the call of government, of whose mag- nanimity I have no doubt, those brave and intrepid citizens who are every- where settled on their banks and fertile plains from asserting their natural, and acquired rights, and forcing with the stream the fruits of their industry to every part of the world.
In giving to the general assembly information of the state of the govern- ment and recommending to their consideration such measures as may be deemed expedient, a wide field of action must necessarily be opened, and - discover the important duties devolving on the first legislature ; the founda- tion of the government is laid; to yon, gentlemen, it is committed to raise the superstructure, and carry in a great measure into effect the national will.
It will, no doubt, afford yon much consolation, on receiving from the proper officers, a statement of our finances, in discovering that the present revenue, if wholly reserved for state purposes, is adequate to all the necessary exi- gencies of government, and that by a true economy, devoid of parsimony. the public faith and credit may be maintained without any additional aug- mentation in consequence of that change which has taken place.
The constitution having assigned to the legislature the appointment of all the principal officers in the government, that instrument will consequently pass in review, and in due time occupy the serious attention of both houses. Under the constitution of the United States, you will also have to select two of our citizens to represent the state in the senate of the United States for six years, and to provide by law for the election of one member of the house of representatives.
The laws levying a tax on land, the principal source from whence the rev- enne has proceeded, expiring of themselves, yon will discover the necessity of taking that subject imder consideration ; and as experience has pointed out the defects which have heretofore existed, you will be hereby aided in devising a system of taxation which shall operate equally on all, and be in- capable of misconstruction in favor of any, who either from design or neglect, may fail to comply with the just and necessary requisition of government. It may also be proper to add, that nnder existing laws, great neglect has been manifested by those who have alienated their lands in making the proper transfers on the books of taxation ; that considerable locations have been made by individuals in the United States military tract, in the Virginia military tract, and at some of the United States offices, and which having never been entered for taxation, to provide for bringing all lands under the law, which are subject thereto, and to prevent embarrassments in the col- lections in the future, are amongst the several objects which will naturally present themselves to your minds when deliberating upon this subject. The return of the special agent sent by the convention to Congress, instructed
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with certain propositions, is daily expected, and which, if acceded to by them, will affect this subject. As soon as official information is received it shall be immediately communicated.
The constitution having made an entire change in the judiciary system necessary, it will be proper to direct your particular attention to the third article of that instrument upon this subject. Ta erect and establish courts with common law and chancery powers, with civil and criminal jurisdiction. at whose bar. life. reputation. property and everything dear to freemen may be at stake, as well as to fill the benches with proper characters to pronounce the law. and to provide for an impartial selection of juries, are of such vast importance in every well regulated government as to require the utmost de- liberation and caution. Under the same article it will be necessary to pro- vide by law for the election of a competent umber of justices of the peace in each township. in the several counties ; and it may be an object worthy your enquiry, whether it would not be economical and judicious to establish each county into a court to manage its internal concerns and regulate its general police.
Within one year after the meeting of the first legislature it is required that an enumeration of all the white male inhabitants above twenty-one years of uge shall be made ; it will therefore be necessary to provide by law for the accomplishment of that object, in order that a due apportionment of sena- tors and representatives may be assigned to each connty or district.
A well regulated and disciplined malitia, being justly considered in every republic as its safeguard for protection and defense. I cannot but recommend to your consideration a review of the existing laws relative thereto. The first. passed in the year 1799, is a good system, but as it was adapted to the state of the district, when the Indiana and northwestern territory was one. and much injured by a subsequent act, passed in the year 1501, which re- pealed that part relative to the appointment of general officers, and which the constitution now recognizes, it is suggestive whether it would not be best to revive the former law. with such alterations as will make it applica- ble to our present situation, aided with such other improvements as you may find it susceptible of. as well as to provide for the election of its officers.
The season of the year in which you were necessarily convened to carry the government into operation. being inconvenient to many of you, will doubtless excite a wish to curtail the present session. and devote your inte- diate attention to such objects as are mast pressing, and more especially as there is reason to believe you will be much importuned with business of a local nature, from different parts of the state ; otherwise it would have been advisable to have taken a review of all the present existing laws, many of which were adopted in the first and enacted under the second grade of the territorial governments, requires much revision : one, however, adopted at an early period. " regulating marriages," whereby the governor is exclusive- ly authorized to grant marriage licenses, and which has been justly com- plained of, will. I hope. now be expunged from our code, and one better adapted to the object of its institution, and more congenial to the spirit of the goverment, rnacted in its stead.
When we consider the present prosperous situation of the United States. and contemplate our own present and future prospects, situate as we are. in
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a country where nature has been lavish of her favors to every part; where our soil, climate. and navigable waters present to the mind of observation and contemplation the most pleasing view and prospects of the future great- ness and importance of this part of the American empire, we have much reason to render the sincere homage of grateful hearts to that Being who has so highly favored us, and every inducement for the exercise in improving these means now within our reach towards the happiness and prosperity of our country.
" Religion. morality and knowledge are necessary to all good governments," says the excellent constitution under which you are convened, and to this great truth we must all subscribe. The liberal grants of land made by the United States for the purposes of erecting and endowing universities and other seminaries of learning, and for the support.of religion, are advantages in these respects superior to those which. perhaps, any other new country ean boast of : to improve those means with advantage towards the noble ends for which they were given : to preserve the public faith unimpeached ; to practice economy 'in all publie expenditures ; to impose no taxes upon our citizens for state or county purposes but what are really necessary for their honest wants ; to cultivate peace and harmony with our Indian neighbors. and to exemplify both in our public acts and private life. Every disposition towards discountenancing idleness and dissipation, and by encouraging in- dustry, frugality, temperance and every moral virtue are objeets of such im- portance to our rising republic, that they cannot fail, if attended to, of pro- dneing the best effects in forming for us a national character, which may be the admiration of all. On my part, gentlemen, you may rest assured it shall be no less my honest pride than it is made my constitutional duty, cordially to co-operate with you in every measure your united wisdom and experience may devise for the public good. EDWARD TIFFIN.
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