USA > Ohio > Summit County > History of Summit County, with an outline sketch of Ohio > Part 21
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123
HISTORY OF OHIO.
Legislature, the convention was in session and had evidently about completed its labors. The mem- bers of the Legislature (eight of whom were mem- bers of the convention) sceing that a speedy termination of the Territorial government was inev- itable, wisely concluded it was inexpedient and unnecessary to hold the proposed session.
The convention concluded its labors the 29th of November. The Constitution adopted at that time, though rather crude in some of its details, was an excellent organie instrument, and remained almost entire until 1851, when the present one was adopted. Either is too long for insertion here, but either will well pay a perusal. The one adopted by the convention in 1802 was never submitted to the people, owing to the circumstances of the times; but it was submitted to Congress February 19, 1803, and by that body accepted, and an act passed admitting Ohio to the Union.
The Territorial government ended March 3, 1803, by the organization, that day, of the State government, which organization defined the pres- ent limits of the State.
" We, the people of the Eastern Division of the Ter- ritory or' the United States, Northwest of the River Ohio, having the right of admission into the General Government as a member of the Union, consistent with the Constitution of the United States, the Ordinance of Congress of one thousand seven hundred and eighty- seven, and of the law of Congress, entitled ' An act to enable the people of the Eastern Division of the Terri- tory of the United States Northwest of the River Ohio, to form a Constitution and a State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purpo- ses ;' in order to establish justice, promote the well- fare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the follow- ing Constitution or form of government; and do mu- tually agree with each other to form ourselves into a free and independent State, by the name of the State of Ohio." *- Preamble, Constitution of 1802.
When the convention forming the Constitution, completed its labors and presented the results to Congress, and that body passed the act forming
* The name of the State is derived from the river forming its southern boundary. Its origin is somewhat obscure, but is com- monty ascribed to the Indians. On this point, Col. Johnston says: "The Shawanoese called the Ohio River ' Kis-ke-pi-la, Sepe, i. e., 'Eugle River.' The Wyandots were in the country generations before the Shawanoese, and, consequently, their name of the river is the prim- itive one and should stand in preference to all others. Ohio may be called an improvement on the expression, 'O-he-suh,' and was, no doubt, adopted by the early French voyagers in their boat-songs, and is substantially the same word as used by the Wyandots: the meaning applied by the French, fair and beautiful 'la belle river,' being the same precisely as that meant by the Indians-' great, grand and fair to look upon.' "-Howe's Collections.
Webster's Dictionary gives the word as of Indian origin, and its meaning to be, " Beautiful."
the State, the territory included therein was di- vided into nine counties, whose names and dates of erection were as follows:
Washington, July 27, 1788; Hamilton, Janu- ary 2, 1790; (owing to the Indian war no other counties were erected till peace was restored); Ad- ams, July 10, 1797; Jefferson, July 29, 1797; Ross, August 20, 1798; Clermont, Fairfield and Trumbull, December 9, 1800; Belmont, Septem- ber 7, 1801. These counties were the thickest- settled part of the State, yet many other localities needed organization and were clamoring for it, but owing to St. Clair's views, he refused to grant their requests. One of the first acts on the as- sembling of the State Legislature, March 1, 1803, was the creation of seven new counties, viz., Gal- lia, Scioto, Geauga, Butler, Warren, Greene and Montgomery.
Section Sixth of the "Schedule" of the Consti- tution required an election for the various officers and Representatives necessary under the new gov- ernment, to be held the second Tuesday of Janu- ary, 1803, these officers to take their seats and as- sume their duties March 3. The Second Article provided for the regular elections, to be held on the second Tuesday of October, in each year. The Governor elected at first was to hold his office until the first regular election could be held, and thereafter to continue in office two years.
The January elections placed Edward Tiffin in the Governor's office, sent Jeremiah Morrow to Congress, and chose an Assembly, who met on the day designated, at Chillicothe. Michael Baldwin was chosen Speaker of the House, and Nathaniel Massie, of the Senate. The Assembly appointed William Creighton, Jr., Secretary of State ; Col. Thomas Gibson, Auditor ; William McFarland, Treasurer ; Return J. Meigs, Jr., Samuel Hun- tington and William Sprigg, Judges of the Su- preme Court ; Francis Dunlevy, Wyllys Silliman and Calvin Pease, President Judges of the First, Second and Third Districts, and Thomas Worth- ington and John Smith, United States Senators. Charles Willing Byrd was made the United States District Judge.
The act of Congress forming the State, con- tained certain requisitions regarding public schools, the " salt springs," public lands, taxation of Gov- ernment lands, Symmes' purchase, etc., which the constitutional convention agreed to with a few minor considerations. These Congress accepted, and passed the act in accordance thereto. The First General Assembly found abundance of work
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HISTORY OF OHIO.
to do regarding these various items, and, at once, set themselves to the task. Laws were passed re- garding all these ; new counties created ; officers appointed for the same, until they could be elected, and courts and machinery of government put in motion. President Judges and lawyers traveled their circuits holding courts, often in the open air or in a log shanty; a constable doing duty as guard over a jury, probably seated on a log under a tree, or in the bushes. The President Judge in- structed the officers of new counties in their duties, and though the whole keeping of matters accorded with the times, an honest feeling generally pre- vailed, inducing each one to perform his part as effectually as his knowledge permitted.
The State continually filled with people. New towns arose all over the country. Excepting the occasional sicknesses caused by the new climate and fresh soil, the general health of the people im- proved as time went on. They were fully in ac- cord with the President, Jefferson, and carefully nurtured those principles of personal liberty en- grafted in the fundamental law of 1787, and later, in the Constitution of the State.
Little if any change occurred in the natural course of events, following the change of govern- ment until Burr's expedition and plan of secession in 1805 and 1806 appeared. What his plans were, have never been definitely ascertained. His action related more to the General Government, yet Ohio was called upon to aid in putting down his insurrection-for such it was thought to be- and defeated his purposes, whatever they were. His plans ended only in ignominious defeat ; the breaking-up of one of the finest homes in the Western country, and the expulsion of himself and all those who were actively engaged in his scheme, whatever its imports were.
Again, for a period of four or five years, no exciting events occurred. Settlements continued ; mills and factories increased ; towns and cities grew ; counties were created ; trade enlarged, and naught save the common course of events trans- pired to mark the course of time. Other States were made from the old Northwest Territory, all parts of which were rapidly being occupied by settlers. The danger from Indian hostilities was little, and the adventurous whites were rapidly occupying their country. One thing, however, was yet a continual source of annoyance to the Americans, viz., the British interference with the Indians. Their traders did not seruple, nor fail on every opportunity, to aid these sons of the
forest with arms and ammunition as occasion offered, endeavoring to stir them up against the Americans, until events here and on the high seas culminated in a declaration of hostilities, and the war of 1812 was the result. The deluded red men found then, as they found in 1795, that they were made tools by a stronger power, and dropped when the time came that they were no longer needed.
Before the opening of hostilities occurred, how- ever, a series of acts passed the General Assembly, causing considerable excitement. These were the famous "Sweeping Resolutions," passed in 1810. For a few years prior to their passage, considera- ble discontent prevailed among many of the legis- lators regarding the rulings of the courts, and by many of these embryo law-makers, the legislative power was considered omnipotent. They could change existing laws and contracts did they desire to, thought many of them, even if such acts con- flicted with the State and National Constitutions. The "Sweeping Resolutions " were brought about mainly by the action of the judges in declaring that justices of the peace could, in the collection of debts, hold jurisdiction in amounts not exceed- ing fifty dollars without the aid of a jury. The Constitution of the United States gave the jury control in all such cases where the amount did not exceed twenty dollars. There was a direct con- tradiction against the organic law of the land-to which every other law and act is subversive, and when the judges declared the legislative act uncon- stitutional and hence null and void, the Legisla- ture became suddenly inflamed at their independ- ence, and proceeded at once to punish the admin- istrators of justice. The legislature was one of the worst that ever controlled the State, and was composed of many men who were not only igno- rant of common law, the necessities of a State, and the dignity and true import of their office, but were demagogues in every respect. Having the power to impeach officers, that body at once did so, having enough to carry a two-thirds majority, and removed several judges. Further maturing their plans, the "Sweepers," as they were known, construed the law appointing certain judges and civil officers for seven years, to mean seven years from the organization of the State, whether they had been officers that length of time or not. All officers, whether of new or old counties, were con- strued as included in the act, and, utterly ignoring the Constitution, an act was passed in January, 1810, removing every civil officer in the State.
125
HISTORY OF OHIO.
February 10, they proceeded to fill all these va- cant offices, from State officers down to the lowest county office, either by appointment or by ordering an election in the manner prescribed by law.
The Constitution provided that the office of judges should continue for seven years, evidently seven years from the time they were elected, and not from the date of the admission of the State, which latter construction this headlong Legisla- ture had construed as the meaning. Many of the counties had been organized but a year or two, others three or four years; hence an indescribable confusion arose as soon as the new set of officers were appointed or elected. The new order of things could not be made to work, and finally, so utterly impossible did the injustice of the proceed- ings become, that it was dropped. The decisions of the courts were upheld, and the invidious doc- trine of supremacy in State legislation received such a check that it is not likely ever to be repeated.
Another act of the Assembly, during this pe- riod, shows its construction. Congress had granted a township of land for the use of a university, and located the township in Symmes' purchase. This Assembly located the university on land outside of this purchase, ignoring the act of Congress, as they had done before, showing not only ignorance of the true scope of law, but a lack of respect un- becoming such bodies.
The seat of government was also moved from Chillicothe to Zanesville, which vainly hoped to be made the permanent State capital, but the next session it was again taken to Chillicothe, and com- missioners appointed to locate a permanent capital site.
These commissioners were James Findley, Jo- seph Darlington, Wyllys Silliman, Reason Beall, and William McFarland. It is stated that they reported at first in favor of Dublin, a small town on the Scioto about fourteen miles above Colum- bus. At the session of 1812-13, the Assembly accepted the proposals of Col. James Johnston, Alexander McLaughlin, John Kerr, and Lyne Starling, who owned the site of Columbus. The Assembly also decreed that the temporary seat of government should remain at Chillicothe until the buildings necessary for the State officers should be
crected, when it would be taken there, forever to remain. This was done in 1816, in December of that year the first meeting of the Assembly being held there.
The site selected for the capital was on the east bank of the Scioto. about a mile below its junction with the Olentangy. Wide streets were laid out, and preparations for a city made. The expecta- tions of the founders have been, in this respect, re- alized. The town was laid out in the spring of 1812, under the direction of Moses Wright. A short time after, the contract for making it the capital was signed. June 18, the same day war was declared against Great Britain, the sale of lots took place. Among the early settlers were George McCor- mick, George B. Harvey, John Shields, Michael Patton, Alexander Patton, William Altman, John Collett, William McElvain, Daniel Kooser, Peter Putnam, Jacob Hare, Christian Heyl, Jarvis, George and Benjamin Pike, William Long, and Dr. John M. Edminson. In 1814, a house of worship was built, a school opened, a newspaper-The Western Intelligencer and Columbus Gazette, now the Ohio State Journal-was started, and the old State House erected. In 1816, the "Borough of Columbus" was incorporated, and a mail route once a weck between Chillicothe and Columbus started. In 1819, the old United States Court House was erected, and the scat, of justice removed from Franklinton to Columbus. Until 1826, times were exceedingly " slow " in the new capital, and but lit- tle growth experienced. The improvement period revived the capital, and enlivened its trade and growth so that in 1834, a city charter was granted. The city is now about third in size in the State, and contains many of the most prominent public institutions. The present capitol building, one of the best in the West, is patterned somewhat after the national Capitol at Washington City.
From the close of the agitation of the " Sweeping Resolutions," until the opening of the war of 1812, but a short time elapsed. In fact, scarcely had one subsided, ere the other was upon the country. Though the war was national, its theater of opera- tions was partly in Ohio, that State taking an act- ive part in its operations. Indeed, its liberty depended on the war.
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HISTORY OF OHIO.
LIST OF TERRITORIAL AND STATE GOVERNORS,
From the organization of the first civil government in the Northwest Territory (1788 to 1802), of which the State of Ohio was a part, until the year 1880.
NAME.
COUNTY.
Term Commenced.
Term Ended.
(a) Arthur St. Clair ..
July
13, 1788 Nov.
1802
*Charles Willing Byrd.
Hamilton.
Nov.
1802 March 3, 1803
(6) Edward Tiffin ...
Ross ...
March 3, 1803| March 4, 1807
(c) +Thomas Kirker.
Adams.
March 4, 1807|Dec.
12, 1808
Samuel Huntington
Trumbull.
Dec.
12, 1808 Dec.
8, 1810
(d) Return Jonathan Meigs.
Washington
Dec.
8, 1810 March 25, 1814
+Othniel Looker.
Hamilton
April
14, 1814 Dec.
8, 1814
Thomas Worthington
Ross.
Dec.
8, 1814 Dec.
14, 1818
(e) Ethan Allen Brown
Hamilton
Dec.
14, 1818 Jan.
4,1822
+Allen Trimble ..
Highland
Jan.
7, 1822 Dec.
28, 1822
Jeremiah Morrow
Warren.
Dec.
28, 1822 Dec.
19, 1826
Allen Trimble.
Highland
Dec.
19, 1826 Dec.
18, 1830
Duncan McArthur
Ross
Dec.
18, 1830 Dec.
7,1832
Robert Lucas.
Pike.
Dec.
7, 1832 Dec.
13, 1836
Joseph Vance.
Champaign
Dec.
13, 1836 Dec.
13, 1838
Wilson Shannon
Belmont.
Dec.
13, 1838 Dec.
16, 1840
Thomas Corwin.
Warren
Dec.
16, 1840 Dec.
14, 1842
(f ) Wilson Shannon
Belmont
Dec,
14, 1842 April
13, 1844
Mordecai Bartley
Richland
Dec.
3, 1844 Dec.
12, 1846
William Bebb ..
Butler
Dec.
12, 1846 Jan.
22, 1849
(h) Reuben Wood.
Cuyahoga
Dec.
12, 1850 July
15, 1853
(j ) T William Medill
Fairfield.
July
15, 1853 Jan.
14, 1856
Salmon P. Chase
Hamilton
Jan.
14, 1856 Jan.
9,1860
William Dennison
Franklin
Jan.
9. 1860 Jan.
13, 1862
David Tod.
Mahoning
Jan.
13, 1862 Jan.
12, 1864
(k) John Brough ..
Cuyahoga.
Jan.
12, 1864 Aug.
29, 1865
¿Charles Anderson.
Montgomery
Aug.
30, 1865 Jan.
9,1866
Jacob D. Cox ..
Trumbull.
Jan
9, 1866 Jan.
13, 1868
Rutherford B. Hayes
Hamilton
Jan.
13, 1868 Jan.
8,1872
Edward F. Noyes ..
Hamilton.
Jan.
8, 1872 Jan.
12, 1874
William Allen
Ross
Jan.
12, 1874 Jan.
14, 1876
(l) Rutherford B. Hayes.
Sandusky ..
Jan.
14, 1876 March 2, 1877
(m) Thomas L. Young.
Hamilton
March 2, 1877 Jan.
14, 1878
Richard M. Bishop ..
Hamilton
Jan.
14, 1878 Jan.
14, 1880
Charles Foster
Sandusky
Jan.
14, 1880
(a) Arthur St. Clair, of Pennsylvania, was Governor of the North- west Territory, of which Ohio was a part, from July 13, 1788, when the first civil government was established in the Territory, until about the close of the year 1802, when he was removed by the President. * Secretary of the Territory, and was acting Governor of the Territory after the removal of Gov. St. Clair.
(b) Resigned March 3, 1807, to accept the office of U. S. Senator. (c) Return Jonathan Meigs was elected Governor on the second Tuesday of October, 1807, over Nathaniel Massie, who contested the election of Meigs, on the ground that "he had not been a resident of this State for four years next preceding the election, as required by the Constitution," and the General Assembly, in joint convention, declared that he was not eligible. The office was not given to Massie, nor does it appear, from the records that he claimed it, but Thomas Kirker, acting Governor, continued to discharge the duties of the office until December 12, 1808, when Samuel Huntington was inaugurated, he having been elected on the second Tuesday of October in that year.
(d) Resigned March 25, 1814, to accept the office of Postmaster- General of the United States.
(e) Resigned January 4, 1822. to accept the office of United States Senator.
(f) Resigned April 13, 1844, to accept the office of Minister to Mexico.
(g) The result of the election in 1818 was not finally determined in joint convention of the two houses of the General Assembly until January 19, 1849, and the inauguration did not take place until the 22d of that month.
(h) Resigned July 15, 1853 to accept the office of Consul to Val- paraiso.
(j) Elected in October, 1853, for the regular term, to commence on the second Monday of January, 1854. (k) Died August 29, 1865.
+ Acting Governor.
# Acting Governor, vice Wilson Shannon, resigned.
T Acting Governor, vice Reuben Wood, resigned.
2 Acting Governor, vice John Brough, deceased.
(1) Resigned March 2, 1877, to accept the office of President of the United States.
(m) Vice Rutherford B. Hayes, resigned.
O
įThomas W. Bartley
Richland.
April
13, 1844 Dec.
3, 1844
(g) Seabury Ford.
Geauga
Jan.
22, 1849 Dec.
12, 1850
Y
Y
HISTORY OF OIIIO.
127
CHAPTER XI.
THE WAR OF 1812-GROWTH OF THE STATE-CANAL, RAILROADS AND OTHER IMPROVEMENTS -DEVELOPMENT OF STATE RESOURCES.
TN June, 1812, war was declared against Great Britain. Before this, an act was passed by Con- gress, authorizing the increase of the regular army to thirty-five thousand troops, and a large force of volunteers, to serve twelve months. Under this act, Return J. Meigs, then Governor of Ohio, in April and May, 1812, raised three regiments of troops to serve twelve months. They rendez- voused at Dayton, elected their officers, and pre- pared for the campaign. These regiments were numbered First, Second and Third. Duncan Mc- Arthur was Colonel of the First ; James Findlay, of the Second, and Lewis Cass, of the Third. Early in June these troops marched to Urbana, where they were joined by Boyd's Fourth Regiment of regular troops, under command of Col. Miller, who had been in the battle of Tippecanoe. Near the middle of June, this little army of about twenty-five hundred men, under command of Gov. William Hull, of Michigan, who had been author- ized by Congress to raise the troops, started on its northern march. By the end of June, the army had reached the Maumee, after a very severe march, erecting, on the way, Forts McArthur, Ne- cessity and Findlay. By some carelessness on the part of the American Government, no official word had been sent to the frontiers regarding the war, while the British had taken an early precaution to prepare for the crisis. Gov. Hull was very care- fnl in military etiquette, and refused to march, or do any offensive acts, unless commanded by his superior officers at Washington. While at the Maumee, by a careless move, all his personal effects, including all his plans, number and strength of his army, etc., fell into the hands of the enemy. His campaign ended only in ignominious defeat, and well-nigh paralyzed future efforts. All Mich- igan fell into the hands of the British. The com- mander, though a good man, lacked bravery and promptness. Had Gen. Harrison been in com- mand no such results would have been the case, and the war would have probably ended at the outset.
Before Hull had surrendered, Charles Scott, Governor of Kentucky, invited Gen. Harrison,
Governor of Indiana Territory, to visit Frankfort, to consult on the subject of defending the North- west. Gov. Harrison had visited Gov. Scott, and in August, 1812, accepted the appointment of Major General in the Kentucky militia, and, by hasty traveling, on the receipt of the news of the surrender of Detroit, reached Cincinnati on the morning of the 27th of that month. On the 30th he left Cincinnati, and the next day overtook the army he was to command, on its way to Dayton. After leaving Dayton, he was overtaken by an ex- press, informing him of his appointment by the Government as Commander-in-Chief of the armies of the Indiana and Illinois Territories. The army reached Piqua, September 3. From this place Harrison sent a body of troops to aid in the de- fense of Fort Wayne, threatened by the enemy. On the 6th he ordered all the troops forward, and while on the march, on September 17, he was informed of his appointment as commander of the entire Northwestern troops. He found the army poorly clothed for a winter campaign, now ap- proaching, and at once issued a stirring address to the people, asking for food and comfortable cloth- ing. The address was not in vain. After his appointment, Gen. Harrison pushed on to Au- glaize, where, leaving the army under command of Gen. Winchester, he returned to the interior of the State, and establishing his headquarters at Frank- linton, began active measures for the campaign.
Early in March, 1812, Col. John Miller raised, under orders, a regiment of infantry in Ohio, and in July assembled his enlisted men at Chillicothe, where, placing them-only one hundred and forty in number-under command of Captain Angus Lewis, he sent them on to the frontier. They erect- ed a block-house at Piqua and then went on to Defiance, to the main body of the army.
In July, 1812, Gen. Edward W. Tupper, of Gallia County, raised one thousand men for six months' duty. Under orders from Gen. Winches- ter, they marched through Chillicothe and Urbana, on to the Maumee, where, near the lower end of the rapids, they made an ineffectual attempt to drive off the enemy. Failing in this, the enemy
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128
HISTORY OF OHIO.
attacked Tupper and his troops, who, though worn down with the march and not a little disorganized through the jealousies of the officers, withstood the attack, and repulsed the British and their red allies, who returned to Detroit, and the Americans to Fort McArthur.
In the fall of 1812, Gen. Harrison ordered a detachment of six hundred men, mostly mounted, to destroy the Indian towns on the Missisineway River, one of the head-waters of the Wabash. The winter set in early and with unusual severity. At the same time this expedition was carried on, Bonaparte was retreating from Moscow. The expe- dition accomplished its design, though the troops suffered greatly from the cold, no less than two hundred men being more or less frost bitten.
Gen. Harrison determined at once to retake Michigan and establish a line of defense along the southern shores of the lakes. Winchester was sent to occupy Forts Wayne and Defiance; Perkins' brigade to Lower Sandusky, to fortify an old stockade, and some Pennsylvania troops and artil- lery sent there at the same time. As soon as Gen. Harrison heard the results of the Missis- ineway expedition, he went to Chillicothe to con- sult with Gov. Meigs about further movements, and the best methods to keep the way between the Upper Miami and the Maumee continually open. He also sent Gen. Winchester word to move for- ward to the rapids of the Maumee and prepare for winter quarters. This Winchester did by the middle of January, 1813, establishing himself on the northern bank of the river, just above Wayne's old battle-ground. He was well fixed here, and was enabled togive his troops good bread, made from corn gathered in Indian corn-fields in this vicinity.
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