USA > Ohio > Franklin County > Columbus > History of the city of Columbus, capital of Ohio, Volume I > Part 30
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"SEC 5. That the commissioners shall meet at Franklinton on the first day of September next, to proceed to discharge the duties enjoined to them by this act, and shall each receive three dollars per day.
"This act to take effect from and after the commencement passage thereof.
EDWARD TIFFIN, Speaker of the house of representatives. DUNCAN MCARTHUR, Speaker of the senate."
5. Copied from an old manuscript in the possession of Il. T. Fay, Esq.
6. The proceedings in the General Assembly with reference to the permanent location of the capital, as reported in the othieial journal of the House and Senate, were as follows, copied verbatim et literatim :
224
HISTORY OF THE CITY OF COLUMBUS.
PROCEEDINGS IN THE SENATE.
January 17, 1812; Mr. Evans from the committee appointed, reported as follows :
The committee to whom were referred so much of the unfinished business of the last session, relating to the fixings of the permanent seat of government and who were directed to receive donations therefore now beg leave to report that they have received proposals for the following places, viz. - Delaware, Sells's place, Thomas Backus's land, High Bank oppo- site Franklinton, High Bank Pickaway plains, and Circleville, Pickaway county.
Your committee beg leave to offer, for the consideration of the senate, an extract from the different proposals attaching each to the place for which such proposals were made.
For the town of Delaware, or any other part of section 4, township 5, range 19, in section 3, township 5 and range 18; - Messrs. Moses Byxbe and Henry Baldwin, proprietors of said lands, submitted the two following proposals :
First - to erect, at their own expense, within such time as the legislature shall fix on, a building which will accommodate both branches of the legislature ; an office for the auditor, secretary and treasurer ; a public prison, and such apperpenances as may be necessary for a penitentiary together with one hundred acres of land, in a place convenient for raising pro- visions for the use of prisoners, or such other purpose as may be required. All the buildings to be built of good materials, in a workmanlike manner, to be in all respects perfectly com- modious for the above purposes, and of such dimensions and plans as may be designated and adopted by the committee to be for that purpose appointed by the legislature. The one hundred acres, and the ground covered by the public buildings, and as much more as may be required for walks and other public conveniences, to be conveyed to the state or trustees for their use, in fee simple, clear of all incumbrances.
2d. To convey an equal undivided moiety of four thousand acres of land, to be laid off in one survey, out of section four, township 5, range 19, and section 3, township 5 and range 18, and to include the place to be fixed on for the seat of government: The four thousand acres to be selected by three persons, one to be chosen by the legislature, one by said Byxbe and Baldwin, and the third by the two thus named.
For the place owned by Messrs, John and Peter Sells, the scite chosen by the commis- sioners: - John and Peter Sells will convey to the state, three hundred acres of land, to be taken off the east end of their tract, exclusive of the following reservations - a lot of 30 poles synare, including the grist mill of John Sells.
A lot of 30 poles square, including the dwelling house and distillery of John Sells.
A lot of 50 poles in length, 10 poles in width, for a log yard.
A lot of 30 poles east and west, and 80 poles north and south, including the house of Peter Sells, and the mill seat ; and 10 inn lots in the proposed town.
Mr. Walter Dun agent in fact of John Graham, offers for the same place four hundred acres of land - beginning at the upper back corner of James Holts's survey. No. 2543; thence south 68 degrees west, 70 poles ; thence north 22 degrees west, till the same intersect the upper line of the said Holt's survey, No. 2544; thence with the said line, north 68º east, and from the beginning east, so far that a line north 22 degrees west, will include said four hundred acres.
Mr. James Galloway Jun. offers for the same place, two hundred acres of land, entered and surveyed for John Crawford, on the waters of Darby Creek, No 7075.
For the seite to be on section 4, township 1 four miles from Franklinton, seven miles below Sells's place ;- Mr. Thomas Backus, proprietor of said section, offers one thousand acres of land, part of the aforesaid section, to be laid out in a town, as follows: One half shall be on the said given lands, and the other on said Backus's adjoining land. The town to be laid out in such a manner as the legislature shall direct. Said Backus offers to secure to the public, the use of such streets and public grounds as shall be laid out on his land.
For the High Bank, nearly opposite to Franklinton -First. Messrs. Kerr and M, Laugh- lin, James Johnston and Lyne Sterling will convey to the state sections No. 9, 25, 26 contain- ing abont one thousand acres, in township 5, of range 22 said tract to be laid out by the state into inn-and out lots, one half of which shall belong to the state, and the other to said donors :
C. J. Jager-
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THE FOREST SETTLEMENT.
They moreover offer to give to the state, four thousand dollars for four such lots as they wull choose out of the half belonging to the said state.
Second-They offer to convey three hundred and fifty acres of land, off any such part of the aforesaid traet, as the state will, by agent or otherwise choose provided the state do lay ont thereon a town previous to the first day of September next ensuing.
They reserve ten acres out of the aforesaid land, sold by Lyne Sterling, in the north- westerly corner of his half section ; also about fortysix acres of low and broken land, in the south-westerly corner of M'Laughlin's and Kerr's half section -which land, so to be reserved. is designated on a plan accompanying this report.
George Stevenson, Esq., proposes, on condition that the seat of government shall be tixed at Franklinton, or on the eastern bank of the Scioto, within one mile of that town, he will give five hundred acres part of his seetion No. IS, or two thousand dollars in cash, at his option, the conveyance to be executed, or the eash to be paid as soon as the foundation of the state house, or capitol shall be laid.
For the High Bank, in the Pickaway Plain ; - Mr. llenry Nevill offers a donation of one hundred and fifty acres of land, for the purpose of laying out a town by the state, out of which he reserves for his own nse, two lots to be by him chosen ont of all the lots not reserved by law for publie use, and moreover, if the state will sell to the highest bidder, at such time, and on such terms of payment as shall be prescribed by law, each and every lot in such town, (the two to be by said Nevill reserved excepted) if such sales do not amount to thirty five thousand dollars, the said Nevill offers to make up to the state deficiency in such money. Which sum of thirty five thousand dollars, shall be appropriated for the improve- ment and benefit of said town.
Or otherwise said Nevill offers to take upon himself the disposal of all the lots, (except such as shall be reserved by law for public buildings) and out of the proceeds thereof, or of his own money, if the proceeds are not sufficient, he offers to erect, to the amount of thirty five thousand dollars, such public buildings as shall be directed by law; and if the legisla- ture thinks proper he will add to the traet of land heretofore offered, two hundred and fifty acres more.
For the town of Circleville, Pickaway county ; - A subscription, signed by forty one persons, amounting to five thousand and ninety five dollars, was handed to your committee.
Your committee, having taken into consideration, the several proposals made for the different places, are of the opinion that the donations offered, in the first part of the propos- als of messrs. Byxbe and Baldwin, if accepted, will be the most advantageous to the state. In thus making up their opinion, your committee had in view the eligibility and central situa- tion of the places designated in the several proposals.
Your committee begs leave to recommend to the consideration of the senate, the follow- ing resolution :
Resolved, That a committee, to consist of members, be appointed to bring in a bill for fixing the permanent seat of government, on the lands of Moses Byxhe and Henry Baldwin, agreeably to the first member of their written proposals.
All which is respectfully submitted by
J. P. R. BUREAU, J. PRITCHARD, DAVID PURVIANCE, GEORGE TOD, Committee.
And from which Samuel Evans, one of the committee, dissents as to the resolutions only.
The said report was road, committed to a committee of the whole senate, and made the order of this day.
January 20, 1812: On motion,
Ordered, That the committee of the whole senate be discharged from the further con- sideration of so much of the report of the select committee, as relates to the proposals of
15
226
HISTORY OF THE CITY OF COLUMBUS.
messrs. John Kerr and Alexander M'Laughlin for fixing the permanent seat of government.
On motion,
Ordered, That messrs. Kerr and M'Langhling have leave to withdraw said proposals.
January 24, 1812, Mr. Evans laid on the clerk's table, proposals from inhabitants of the town of Worthington, for fixing the permanent seat of government, which were referred to the committee of the whole senate to whom was referred the report of the select committee on the same subject.
February 1, 1812: Mr. Evans laid on the clerk's table proposals of J. and P. Sells, for fixing the permanent seat of government which were referred to the committee of the whole senate to whom was referred the report of the select committee on the same subject.
[On the same date the subject of fixing the seat of government was recommitted to the committee on that subject which had been previously appointed.]
February 3, 1812: Mr. Evans from the committee to whom were referred the report and proposals, relative to fixing the permanent seat of government, reported the same, with the following additional report :
The committee to whom were referred the proposals for fixing the permanent seat of government, begs leave to report. They have examined the proposals made since their first report, and find them as follows :
Messrs. John and Peter Sells offers to lay out a town on their land, on such plan as the legislature will point out, and out of the same they will convey as much ground as may be necessary for a state house offices & penitentiary, and moreover to build a state house, and such other houses as commissioners, to be appointed by the legislature, shall direct, provided that the same does not exceed twenty thousand dollars; which donation is to be made, if the legislature establishes the permanent seat of government on their lands, within three years.
[The Committee here recites the propositions submitted by Mr. Starling and his associ- ates. The report then continues as follows : ]
Mr. James Kilbourn offers, if the permanent seat of government is established in the town of Worthington, to enlarge and extend the plan of the same, according to a plat trans- mitted to one of your committee.
He also offers a subscription of three hundred and forty inn-lots, sixty six out lots, in said town five thousand acres of land near the same, and six thousand dollars in cash, labor and materials. The inn-lots to contain about three fourths acres each - the out-lots to con- tain about two and a half acres each.
Otherwise mr. Kilbourn proposes to erect public buildings of the following dimensions, viz .- a state house one hundred and twenty five feet long and fifty feet wide in the wings, two stories high, with convenient rooms for the public offices, and a room for the federal court ; of all which a particular description may be seen, by a reference to his last proposals. We observe, in short, that according to the plan therein delineated, the buildings will be elegant and commodious. The said mr. Kilbourn also proposes to erect a penetentiary house one hundred and fifty feet long and thirty feet wide, with a sufficient well, and every neces- sary accommodation.
J. & P. Sells have submitted to your committee, new proposals, in lieu of their former proposals - stating, that in case the legislature should prefer the following plan, they will erect a state house eighty feet long and fifty feet wide, two stories high, with such rooms as shall be necessary for the legislature and federal court, and a separate brick building, forty feet by twenty four, two stories high, for the public offices ; and also to convey a noted spring by an aqueduct, into the public square.
Your committee can see it is not expedient nor necessary for them to give a specific detail of the several proposals submitted to their consideration. They therefore beg leave 10 report this brief summary, believing that in case the senate should fix upon a place for the permanent seat of government, it will be necessary more particularly to attend to the pro- posals for that place, and frame a bill accordingly.
The said report was read, and with all documents on the same subject, committed to a committee of the whole senate, and made the order of this day.
.
227
THE FOREST SETTLEMENT.
[The subject was then considered for a time by the senate in committee of the whole.]
February 5, 1812: The senate, according to the order of the day, again resolved itself into a committee of the whole senate, on the report of the seleet committee, to whom was referred so much of the unfinished business as relates to a bill, entitled, "An act fixing the permanent seat of government," and after some time spent therein, the speaker resumed the chair and mr. Purviance reported, that the committee had, according to order, had said report under consideration, and agreed to the following resolution :
Resolved, That a committee of three members be appointed to prepare and bring in a bill, to fix and establish the permanent seat of government, at agreeably to the propositions of ; and that from and after the first day of May next, Lancaster shall be the temporary seat of government, until otherwise directed by law.
A motion was made by mr. Foos, to fill the first blank in said resolution, with these words, the High-bank on the east side of the Scioto river, opposite the town of Franklinton.
A motion was made by mr. Bureau, to fill the first blank with these words, the toum of Delaware.
A motion was made by mr. Bigger, to fill said blank with these words, the farm of Peter and John Sells.
A motion was made by mr. Caldwell, to fill said blank with these words, the town of Worthington.
A motion was made by mr. Evans, to fill said blank with these words, the High-bank, in the Pickaway Plains.
A motion was made by mr. Bureau, to fill said blank with these words, the land of Moses Byrbee and Henry Baldwin.
A motion was made by mr. Pritchard, to fill said blank with the word, New- Lancaster.
The question was first put on filling said blank with these words, the Highbank on the east side of the Scioto river, opposite the town of Franklinton, and decided in the affirmative : yeas 15-nays 9.
The yeas and nays being required by two members, those who voted in the affirmative were,
Messrs. Bigger, Bureau, Dunlap, Evans, Foos, Irwin, Looker, M'Arthur, M'Beth, Purviance, Slaughter, Smith, Trimble, Welch, and Kirker (speaker).
Those who voted in the negative were,
Messrs, Abbott, Caldwell, Kinney, M,Connell, Pritchard, Rogers, Stone, Todd and Woodbridge.
The said resolution was further amended and then read, as follows:
Resolved by the senate and house of representatives that a committee of three members be ap- pointed on the part of the senate, to prepare and bring in a bill, to fix and establish the per- manent seat of government, at the High Bank, on the east side of the Scioto river, opposite the town of Franklinton, agreeably to the propositions of messrs. Starling, Kerr, M'Laughlin and Johnston ; and that from and after the first day of May next, Lancaster shall be the temporary seat of government, until otherwise directed by law.
A motion was made that the senate agree to the same.
The question being put, was decided in the affirmative, yeas 17 - nays 7.
The yeas and nays being required by two members,
Those who voted in the affirmative were,
Messrs. Bigger, Bureau, Dunlap, Evans, Foos, Irwin. Looker, M'Arthur, M'Beth. M'Connell, Purviance, Rogers, Slaughter, Smith, Trimble, Welch and Kirker, (speaker).
Those who voted in the negative were,
Messrs. Abbott, Caldwell, Kinney, Pritchard, Stone, Tod and Woodbridge.
Ordered, That mr. Bureau request the concurrence of the house of representatives therein. February 6, 1812 : A message from the house of representatives by mr. T. Morris.
Mr. Speaker-The house of representatives have agreed to the resolution sent down for concurrence, for the appointment of a committee to bring in a bill fixing the permanent and temporary seats of government, with amendments, in which they deaire the concurrence of the senate.
The said amendments were read.
228
HISTORY OF THE CITY OF COLUMBUS.
A motion was made by mr. M'Arthur, that the senate disagree to the second amend- ment of the house of representatives to said resolution.
The said amendment was read, as follows :
2d amendment line 10th strike out 'Lancaster,' and insert 'Chillicothe.'
On the question that the senate disagree to the same, no decision was had, yeas 12- nays 12.
The yeas and nays being required by two members,
Those who voted in the affirmative were, Messrs. Abbot, Caldwell, Irwin, Kinney, M'Connell, Pritchard, Slaughter, Smith, Stone, Tod Trimble and Welch.
Those who voted in the negative were, Messrs. Bigger, Bureau, Dunlap, Evans, Foos, Looker, M'Arthur, M'Beth, Purviance, Rogers, Woodbridge and Kirker (speaker).
The first amendment to said resolution, was read and agreed to by the senate.
A motion was made, by mr. Woodbridge, to amend the third amendment.
The question being put, was decided in the negative.
The third amendment was then read, and agreed to by the senate.
Ordered, that the second amendment made by the house of representatives to said reso- lution, lie for consideration.
February 7 1812 : The senate resumed the consideration of the, motion, made yesterday by mr. M'Arthur that the senate disagree to the second amendment of the house of repre- sentatives, to the resolution sent down for concurrence, for the appointment of a committee to bring in a bill fixing the permanent and temporary seats of government.
The said second amendment was again read as follows :
2d amendment, line 10th, strike out ' Lancaster' and insert in lieu thereof ' Chillicothe.'
On the question that the senate disagree to the same. it was decided in the negative, yeas 10 - nays 13. The yeas and nays being required by two members, those who voted in the affirmative were,
Messrs. Abbot, Kinney, M'Connell, Pritchard, Slaughter, Stone, Tod, Trimble, Welch and Woodbridge.
Those who voted in the negative were,
Messrs. Bigger, Bureau, Dunlap, Evans, Foos, Irwin, Looker, M'Arthur, M'Beth, Purviance, Rogers, Smith and Kirker, (speaker).
In pursuance of said resolution, the committee was accordingly appointed of mr. Purviance, mr. Bureau and mr. Bigger.
Ordered, that Mr. Evans acquaint the house of representatives therewith.
February 8, 1812: Mr. Purviance, from the committee appointed, reported a bill fixing and establishing the permanent and temporary seats of government, which was received, read the first time, and ordered to pass to the second reading.
February 10, 1812 : Mr. Evans laid on the clerk's table, further proposals, &c, of Messrs. Sterling, Kerr, M'Laughlin and Johnston, relative to the permanent seat of government, which were committed to the committee of the whole senate, to whom was committed the bill fixing and establishing the permanent and temporary seats of government.
The orders of the day were postponed till to-morrow.
February 11, 1812: A motion was made, by mr. Woodbridge, that the committee of the whole senate be discharged from the further consideration of the bill fixing and establishing the permanent and temporary seats of government.
The question being put, was decided in the negative.
February 12, 1812: The senate took up the amendment, reported from the committee of the whole senate, to the bill fixing and establishing the permanent and temporary seats of gov- ernment.
A motion was made by mr. Pritchard, that the further consideration of the same be postponed till the second Monday in December next.
The question being put, was decided in the negative : yeas 12- nays 12.
The yeas and nays being required by two members,
Those who voted in the affirmative were,
Messrs. Abbot, Caldwell, Foos, Kinney, M'Connell, Pritchard, Slaughter, Stone, Tod, Trimble, Welch and Woodbridge.
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THE FOREST SETTLEMENT.
Those who voted in the negative were,
Mesars. Bigger, Bureau, Dunlap, Evans, Irwin, Looker, M'Arthur, M'Beth, Purviance, Rogers, Smith & Kirker (speaker).
The said amendment was then read, as follows:
Strike out of the first section of said bill, these words, 'Alexander M'Laughlin, John Kerr, Lyne Starling and James Johnston, to lay out a town on their lands, situated on the east bank of the Scioto river, opposite Franklinton, in the county of Franklin, and parts of half sections No. 9, 10, 11, 25, and 26, for the purpose of having the permanent seat of govern- ment thereon established ; also to convey to this state, a square of ten acres, and a lot of ten acres, and to erect a state house, such offices and a penitentiary, as shall be directed by the legislature,' and insert in lieu thereof, the following: 'Moses Byxbee and Henry Baldwin, to lay out a town on section 4, township 5, range 19, of the United States' military district, for the purpose of establishing the permanent seat of government of this state, in such place, as this general assembly, or a committee, or director, to be by them appointed, shall direct : Also to convey to this state, the ground covered by the public buildings, and whatever may be deemed necessary for walks and other public conveniences: Also one hundred acres for the use of the penitentiary : And to erect a state house, public offices, and a penitentiary, within such time, on such place, and of such dimensions and materials, as the general assembly, or a committee, or a director, shall adopt.
A motion was made by mr. Bureau, that the senate agree to said amendment.
The question being put, was decided in the negative, yeas 10-nays 14.
The yeas and nays being required by two members,
Those who voted in the affirmative were,
Messrs. Abbott, Caldwell, Kinney, M'Connell, Pritchard, Slaughter, Stone, Tod, Welch and Woodbridge.
Those who voted in the negative were,
Messrs. Bigger, Bureau, Dunlap, Evans, Foos, Irwin, Looker, M'Arthur, M'Beth, Pur- viance, Rogers, Sınitlı, Trimble and Kirker, (speaker).
A motion was made by Mr. Pritchard, that the 6th section of said bill be struck out.
The said section was read, as follows :
SEC. B. And be it further enacted, That from and after the day of next,
Chillicothe shall be the temporary seat of government, until otherwise provided by law.
The first blank in said section, was filled with the word first, and the second blank with the word May.
The question was then put, and decided in the negative, yeas 11-nays 13.
The yeas and nays being required by two members,
Those who voted in the affirmative were,
Messrs. Abbott, Caldwell, Kinney, M'Connell, Pritchard, Slaughter, Stone, Tod, Trimble, Welch, and Woodbridge.
Those who voted in the negative were,
Messrs. Bigger, Bureau, Dunlap, Evans, Foos, Irwin, Looker, M'Arthur, M'Beth, Pur- viance, Rogera, Smith and Kirker, (speaker).
A motion was made by mr. Tod, to amend said bill by striking out all the first section, after the enacting clause, these words 'that the proposals made to this legislature, by Alexander M'Langhlin, John Kerr, Lyne Starling and James Johnston, to lay out a town on their lands, situate on the east bank of the Scioto river, opposite Franklinton, in the county of Franklin, and parts of balf section No. 9, 10, 11, 25, and 26, for the purpose of having the permanent seat of government thereon established ; also to convey to this state, a square of ten acres, and a lot of ten acres, and to erect a state house, such offices, and a penitentiary, as shall be directed by the legislature, are hereby accepted, and the same and their penal bond annexed thereto, dated the 10th of February, 1812, conditioned for their faithful performance of said proposals, shall be valid to all intents and purposes, and shall remain in the office of the treasurer of state, there to be kept for the use of this state,' and inserting in lieu thereof the following : 'That, from and after the first day of November, in the year of our Lord one thousand eight hundred and sixteen, the seat of government for aaid state shall be, and
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