USA > Ohio > Ross County > Chillicothe > Ohio centennial anniversary celebration at Chillicothe, May 20-21, 1903 : under the auspices of the Ohio State Archaelogical and Historical Society : complete proceedings > Part 12
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Then next in order comes the "new constitution," adopted March 10, 1851; which provided, in the exact language of our first constitution, for the "Great Seal of State," and also, by sec- tion I of the Schedule, provided that "All laws of this state in force on the first day of September, 1851, not inconsistent with this constitution shall continue in force until amended or re- pealed." From this time until the act of April 6, 1866, nothing occurred in relation to the state seal. This act is as follows :
SECTION 1. Be it enacted by the General Assembly of the State of Ohio: That the coat of arms of the state of Ohio shall con- sist of the following device: A shield, upon which shall be engraved on the left, in the foreground, a bundle of 17 arrows; to the right of the arrows, a sheaf of wheat; both standing erect; in the background, and rising above the sheaf and arrows, a range of mountains, over which shall appear a rising sun; between the base of the mountains and the arrows and sheaf, in the left foreground, a river shall be represented flowing toward the right foreground; supporting the shield, on the right, shall be the figure of a farmer, with implements of agriculture, and sheafs of wheat standing erect and recumbent; and in the distance, a locomotive and train of cars; supporting the shield, on the left, shall be the figure of a smith with anvil and hammer; and in the distance, water, with a steamboat; at the bottom of the shield there shall be a motto, in these words : "Imperium in Imperio."
SEC. 2. The great seal of the state shall be two and one-half inches in diameter, on which shall be engraved the device included within the shield, as described in the preceding section, and it shall be surrounded with these words: "The Great Seal of the State of Ohio."
The seal of the Supreme Court shall be two and one-half inches in diameter, and bear the same device as the great seal of the state, and be surrounded with these words: "The Supreme Court of the State of Ohio."
The county seal shall be one inch and three-quarters in diameter, of the same device as the great seal of the state, and surrounded with these words: "Common Pleas of the County of. "
SEC. 3. It shall be the duty of the secretary of state to procure a great seal for the use of the state, a seal for the Supreme Court, and a seal for each county, of the device and the respective sizes as here- inbefore described; and it shall be the duty of the secretary of state
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to cause all commissions and official papers issued hereafter, to be printed with an engraved impression of the coat of arms.
SEC. 4. After two years from the passage of this act, it shall be unlawful for any notary public, or other officer required by law to use an official seal, to use one except of a uniform size, which shall be one and one-fourth inches in diameter, or of other design than that provided in the first section of this act.
SEC. 5. To enable the secretary of state to carry out the provi- sions of the third section of this act, there is hereby appropriated from any money in the state treasury not otherwise appropriated, the sum of not exceeding one thousand dollars to be audited on the order of the secretary of state.
SEC. 6. This act shall take effect and be in force from and after the first day of July, 1866.
P. HITCHCOCK, Speaker Pro tem. of the House of Representatives. ANDREW G. McBURNEY, President of the Senate.
Now, next in sequence of time, is the following, which is found in the report of the secretary of state, made in 1866:
As required by the act of April 6, 1866, a new great seal for the state, a seal for the Supreme Court, and an engraved heading with the coats of arms, for commissions and other official papers, have been procured.
On account of the great difficulty in securing the services of com- petent artists to execute the work, it was found impossible to comply with that clause of the law limiting the time for the use of the old seal to the first day of July. It was thought to be much more important to carry out the spirit of the act, and to have the work executed in the best style of art, comporting with the dignity and position of the state. The great seal, which was furnished by Messrs. Tiffany & Company, of New York, is cut in steel in the highest style of art, and is probably equal to anything of the kind in America. The engraving was executed by the American Bank Note Company, of New York, which is a suf- ficient guaranty for the character of the work. The seals and presses for the county courts are now being cut and cast, and will be ready for delivery some time in January. These will be superior to any furnished heretofore. No provision has yet been made for seals for the district courts. This omission should be provided for at an early date.
It would seem somewhat singular that, so soon as in Novem- ber-less than five months after the act of April 6, 1866, went into effect-the secretary of state should ask for further legisla-
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tion for district courts ; but the Legislature quickly responded, and the result was the passage of an act which is as follows :
AN ACT
To amend Sections 2, 3 and 4 of an act entitled "An act to provide the devices of the great seal and coat of arms of the state of Ohio," passed April 6, 1866 (O. L. 63, 185).
SECTION 1. Be it enacted by the General Assembly of the State of Ohio : That sections 2, 3 and 4, of an act entitled "An act to provide the devices of the great seal and coat of arms of the state of Ohio," passed April 6, 1866, be so amended as to read as follows :
SEC. 2. The great seal of the state shall be two and one-half inches in diameter, on which shall be engraved the device included in the shield as described in the preceding section, and it shall be sur- rounded with the words: "The Great Seal of the State of Ohio."
The seal of the Supreme Court shall be two and one-half inches in diameter, and bear the same device as the great seal of the state, and be surrounded with these words: "The Supreme Court of the State of Ohio."
The seal for the district court, the court of common pleas, and for the probate court of each county, shall be one inch and three-quarters in diameter, of the same device as the great seal of the state, and surrounded with these words, respectively: "District Court of Ohio County." "Common Pleas Court of the County
of "Probate Court, County." (In each case insert the name of the proper county.)
The seal for the superior court of any city or county shall be of the same size, and shall have the same device, as the seal of the court of common pleas, and shall be surrounded, respectively, with these words : "Superior Court of (Here insert the name of the proper city.) "Superior Court of. " (Here insert the name of the proper county.)
The auditor of state, secretary of state (and adjutant-general) shall keep a seal of office, which shall be used in the authentication of all official documents requiring the use of a seal; provided that the great seal of the state shall be deemed the official seal of the governor.
The seals of all state and county officers required by law to use a seal, shall be one inch and three quarters in diameter, and shall bear the same device as the great seal of the state.
The seals of notaries public shall be one and one-quarter inches in diameter, and shall contain the same device as that hereinbefore pro- vided for the great seal of the state, and shall be surrounded with the words "Notarial Seal, County." (Here insert the name of the proper county.)
o. c .- 8
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SEC. 3. It shall be the duty of the secretary of state to procure a great seal for the use of the state, seals for the auditor of state, secretary of state, and adjutant-general, a seal for the Supreme Court, a seal for the district court, and a seal for the court of common pleas, of each county, of the device and respective sizes as hereinbefore described; and it shall also be the duty of the secretary of state to cause all commissions and official papers issued hereafter to be printed with an engraved impression of the coat of arms.
SEC. 4. From and after the first day of April, 1868, it shall be unlawful for any notary public or other officer required by law to use an official seal, to use one except of the size hereinbefore designated, or of other design than that provided in this act for the great seal of the state.
SEC. 5. That sections 2, 3 and 4 of the aforesaid act be, and the same are hereby repealed.
SEC. 6. This act shall take effect and be in force from and after its passage.
ED. A. PARROTT, Speaker of the House of Representatives. ANDREW G. McBURNEY, President of the Senate.
Now upon reading these acts it will be noted that the act of April 16, 1867, largely increased the number of seals to be pro- cured by the secretary of state, necessarily increasing the ex- pense to the state, as well as to all of the notaries public. Some one undoubtedly realized how well it would pay to replace all the seals and presses used for county, judicial, notarial, and other officials, as required by said acts, changing the device and requir- ing new dies.
This created no little opposition to the whole scheme ; and the fact that already the $1,000 appropriated by the act of April 6, 1866, had been more than exhausted, and the fear of a much larger appropriation necessary for the completion of the work directed by the amended sections in the act of April 16, 1867, caused much discussion and opposition. The newly elected Legislature was Democratic ; and the result was that, on May 9, 1868, the follow- ing act was passed, repealing the act of 1866 and the amendments in the act of 1867, as follows:
AN ACT
To provide the devices and great seal and coat of arms of the state of Ohio; and to repeal the act passed April 6, 1866, providing for the devices, great seal, and coat of arms for this state, and the act amendatory thereto, passed April 16, 1867.
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SECTION 1. Be it enacted by the General Assembly of the State of Ohio: That the coat of arms of the state of Ohio shall consist of the following device: A shield, in form a circle. On it, in the foreground, on the right, a sheaf of wheat; on the left, a bundle of seventeen arrows, both standing erect; in the background, and rising above the sheaf and arrows, a mountain range, over which shall appear a rising sun.
SEC. 2. The great seal of the state shall be two and one-half inches in diameter, on which shall be engraved the device as described in the preceding section, and it shall be surrounded with these words: "The Great Seal of the State of Ohio."
The seal of the Supreme Court shall be two and one-half inches in diameter, surrounded with these words: "The Supreme Court of the State of Ohio." The seal of the district court, for the court of com- mon pleas, and for the probate court, of each county, shall each be one inch and three-quarters in diameter, surrounded with these words: "District Court of Ohio, .County." "Common Pleas Court of the County of Ohio." "Probate Court of County, Ohio." (In each case insert the name of the proper county.) The seal for the superior court of any city or county shall be of the same size as the seal of the court of common pleas, and each respectively, shall be surrounded with these words: "Superior Court of. Ohio." (Here insert the name of the proper city.) "The Superior Court of County, Ohio." (Here insert the name of the proper county.)
The seal of the secretary of state shall be two inches and one- fourth in diameter, surrounded with these words: "The Seal of the Sec- retary of State of Ohio." The seal of the auditor of state shall be one inch and three-fourths in diameter, which shall be surrounded by these words: "Seal of the Auditor of State of Ohio." The seal of the treas- urer of state shall be one inch and three-fourths in diameter, sur- rounded by these words: "Seal of the Treasurer of the State of Ohio." The seal of the comptroller of the treasury shall be one inch and three- fourths in diameter, surrounded by the words: "Comptroller of the Treasury of Ohio."
The seals of all the other state and county and municipal officers required by law to use a seal, will be one inch and three-quarters in diameter, surrounded with the appropriate name of the office.
The seals of notaries public shall not be less than one inch and one-fourth in diameter, and shall be surrounded with the words: "No- tarial Seal, . County, Ohio." (Here insert the name of the proper county), and shall contain at least so much of the coat of arms as shall exhibit the mountain range, the rising sun, the bundle of arrows and the sheaf of wheat; all the seals other than notarial seals, mentioned in the foregoing section, shall contain the words and devices mentioned in this act, and no other.
SEC. 3. It shall be the duty of the secretary of state to procure a great seal for the use of the state, and a seal for each of the state
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officers named in this act, and a seal for the Supreme Court, of the words and devices and respective sizes hereinbefore described; and it shall also be the duty of the secretary of state to cause all commissions and official papers issued after this act shall take effect, to be printed with an engraved impression of the coat of arms.
SEC. 4. The act passed April 6, 1866 (O. L. 63, 185) entitled “An act to provide the devices and great seal and coat of arms of the state of Ohio," and said act as amended April 16, 1867 (O. L. 64, 191) be, and the same are hereby repealed.
SEC. 5. This act to take effect and be in force from and after its passage.
JOHN F. FOLLETT, Speaker of the House of Representatives. WILLIAM LAWRENCE, President of the Senate.
Passed May 9, 1868.
We have now shown that the law passed in 1803, which first provided for the great seal of the state was repealed in 1805, and from that year until April 6, 1866, there was no act re-establish- ing it. So that, for more than sixty years, the state of Ohio had no law in force upon this subject, save the provision of the consti- tutions of 1802 and 1851, which simply provided that there should be a seal, but left the form and device of the same to the Legisla- ture.
What a singular oversight in legislation! Is it not remark- able that in this long period of years some of the state officials, the codifiers of the statutes, or the members of the constitutional convention of 1851, among whom were many of the ablest law- yers of the state, should not have discovered it?
We can now understand that it was because there was no law which required a particular form or device, that there were so many different devices used upon the seals of our state during this long period of years. In the absence of any act or statute upon this subject, any one who was aware of the repeal of the act of 1803, could secure a seal according to his caprice or inter- est; and this evidently was the result, as we find that about the time of the inauguration of the canal system in Ohio, the canal or river with the canal-boat upon it, first appeared on our state seal. The mountain, as it was designated in the act of 1803, has never appeared on any of the seals of state, nor has it figured in the coat of arms of the state, so far as I have been able to dis-
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cover ; but on the seal provided under that act, as well as the seals and coats of arms of later statutes, in conformity to the practice under the former and the language of the latter, it has always been "a range of mountains," which is more appropriate to Ohio, as the first-born of the Ordinance of 1787.
It is useless to attempt to give a description of all of these devices, which had their origin in individual taste and not in any statute. You will see on most of them the date "1802," or "1803," in cardinal numbers. On some you will see a broad-horn floating on a river; and later, the canal-boat and canal. And I have in- my possession commissions issued to my father and myself by Governors McArthur, Shannon, Seabury Ford, R. Wood, Medill, and Chase, signed by them, and not one seal on all of these com- missions which complies with any law of the state. All of them have a canal-boat as a part of the device on the seal. Then I have four commissions signed by Governors Ethan A. Brown, Trimble, Chase and Dennison, exactly in compliance with the seal required by the act of 1803 ; but used upon these documents issued long years after the law defining the device on the seal had been repealed.
The act of 1866 and the amendment of the next year, both of which I have given in full, as you will see by reference to them, required a most elaborate seal and coat of arms ; too much for a device on the seal, too complicated and expensive, and, coupled with the motto : "Imperium in Imperio," it gave offense to great numbers of our people. These acts were passed by a Republican Legislature, and were repealed by the Democratic Legislature of 1868, and only remained in force about two years. They were re- pealed none too soon !
By the law enacted May 9, 1868, we are restored to almost exactly the device of the great seal of state adopted on the twenty- fifth of March, one hundred years ago, the only change being the substitution of the phrase : "A range of mountains," for "A moun- tain," as it was in the first act. That law is in force to-day, and that device forms the coat of arms of the state now authorized by law. Its simplicity is most commendable, and is in marked contrast to that of the act of 1866 and the amendatory act of 1867, which added to the original device the "river," the "farmer with
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implements of agriculture," "a locomotive and train of cars," "the figure of a smith with anvil and hammer," and at the bottom the motto: "Imperium in Imperio," as a sort of climax of absurdity !
Among the variations from any authorized form, I have often seen a device of a sheaf of wheat and a bundle of arrows in the foreground, a range of mountains in the background, over which a rising sun appeared, and in front a canal-boat in a river ; and around the margin of the seal, the words: "The Great Seal of the State of Ohio," and the date "1802." Another form had the date "1803," expressed in the letters "MDCCCIII," with the sheaf of wheat and bundle of arrows, the sun rising over the mountains in the background, and no river. Another form is impressed on a commission issued in 1828, which is exactly in accordance with the device by the act of 1803, except that it bears the date "1802"; and before the coat of arms was established in 1866, I have seen five different devices on the state seals, only one of which was in the form of the coat of arms that was abolished by the act of 1868, authorized, and seals in name only.
After this review of the history of the "Great Seal of the State of Ohio," it will no longer be necessary to assert the import- ance of a fixed law on this subject, for it is undeniable. And in this connection I may take the liberty of calling attention to the fact that on recent commissions issued by the secretaries of state, as well as by the clerk of the Supreme Court, there may be seen the form of the coat of arms that was abolished by the act of 1868. This ought not to happen.
I have a commission issued to me in 1871 by Governor R. B. Hayes, appointing me a delegate to a national commercial con- vention at Detroit; and the state seal which appears upon it is. the seal authorized by the act of 1868, but the coat of arms en- graved upon it is the same as that required by the act of 1866, with the motto, "Imperium in Imperio," at the bottom. This com- mission bears date more than three years after that device had been repealed. I also have before me a commission issued from the Supreme Court of the state, by the clerk of that court in 1882, on which appears the same coat of arms, with the exception that the motto is eliminated. This blank was printed after 1880, and
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the elimination of the motto shows that it, at least, was known to have been abolished.
I could refer to many other violations of that act, but it is not necessary. The third section of the act in question makes it the duty of the secretary of state :
To cause all commissions and official papers issued after said act shall take effect to be printed with an engraved impression of the coat of arms.
In concluding this address, it is a strong conviction with me-one that is sustained by a searching examination-that it was the prevailing opinion in 1802 that when the constitution was signed on the twenty-ninth day of November, Ohio had put on the robes of complete statehood. This was the opinion of the public generally ; and, while not correct-as the opinion of the public is likely not to be-it explains the fact that during that year a state seal was procured which bore the date 1802 upon it, indicating a disposition to date the birth of the state from the date of the con- stitution. This is the only way in which we can account for the dates and devices on our state seals in use when Trimble, Lucas, Wood, Chase, Dennison, Tod and Brough were governors of Ohio.
Let us maintain the plain, instructive, appropriate state seal now in force, so replete with the memories of a hundred years and the historic sentiment of an "indestructible state in an inde- structible Union."
OHIO IN THE AMERICAN REVOLUTION.
E. O. RANDALL.
Napoleon said "History is a fable agreed upon" and Lord Brougham once exclaimed "Teach me anything but history, for that is always false." The correct history of the American Revolution has not yet been written. When it is justly and fully set forth the Northwest Territory and espe- cially that portion now, and for a cen- tury known as Ohio, will be accorded its due prominence and influence in the glorious struggle that resulted in the independence of the United States. Ohio was the arena for activities and achievements that history has not yet sufficiently appreciated. True there were no colonies west of the Alle- ghanies. But some of the colonies through their charters and grants, E. O. RANDALL. with much justice, claimed the country between the Great Lakes and the "Beautiful River." Moreover, the valleys and river ways of the later Buckeye state had settlers who in no insignificant degree bore the brunt of the war for independence. The bitter struggle between the Gaul and the Saxon for supremacy in the western world ended in the tragic and dramatic victory of the invincible Wolfe over the intrepid Montcalm on the Heights of Abraham. The result of the French and Indian War was that the flag of St. George and the Dragon floated over the Northwest Territory, where for a century and a half had waived the banner bearing the Lillies of the Bourbons. The new world passed into the possession of the Saxon. The courage and endurance the colonists had displayed in the French
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and Indian War had both delighted and dismayed the mother country. Delighted her, because the colonies contributed mate- rially to the defeat of France. Dismayed her, because the lusty strength of the colonies, revealed in that war, portended danger should their spirit of independence be awakened. The Ameri- can colonies fought the French and Indian War in the hope and faith that in the case of victory, they were to be its benefici- aries and come into possession of the Ohio Valley as a coveted extension of their Atlantic coast lodgments. But the war over, and Britain triumphant, she seized the "promised land" west of the Alleghanies as the exclusive dominion of the Crown. It was to be administered as part of the Province of Quebec. As a pretext to protect the Indians and secure their allegiance, she forbade the westward-bound pioneers to settle therein. This arbitrary and short-sighted policy of preclusion culminated in the promulgation of the Quebec Act by Parliament (May, 1774). That act drew forth one of the most brilliant and invective declarations of the Earl of Chatham on the floor of Parliament in which he denounced it as "cruel, oppressive and odious" and calculated to "lose his Majesty the hearts of all Americans." And it did. It was one of the causes that stirred the colonists to open protest and later became one of their complaints inserted in the Declaration of Independence.
The Dunmore War was the direct and immediate result of the Quebec Act. The events of that war are familiar to students of western history. The motives of that war have seldom been clearly set forth or properly interpreted. Dunmore, the royal governor of Virginia, resolved to take up arms, not, it is true, for the independence of Virginia or the Americans, but never- theless against the selfish domination of the Crown in its attempt to deprive Virginia of her claims to the southern half of Ohio. It was the first overt defiance of Britain's opposition as exerted in the Quebec Act. True, Ohio was then occupied mainly by Indians, but they were the subsidized and faithful allies of Britain, for whom and with whom they were eager to fight to defend the territory reserved for their hunting grounds and homes. We well know it is maintained that Dunmore had also the purpose in view of leading the Virginians and Pennsyl-
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