USA > Ohio > Ohio statesmen and annals of progress, from the year 1788 to the year 1900 > Part 3
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51
ARTICLE V.
There shall be formed in the said territory not less than three nor more than five States ; and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to-wit: The western State, in the said territory, shall be bounded by the Mississippi, the Ohio, and the Wabash Rivers; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada ; and by the said territorial line to the Lake of the Woods and the Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct line, the Ohio, the Pennsylva- nia, and the said territorial line : Provided, however, And it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan, And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by delegates, into the Congress of the United States, on an equal footing with the original States, in all respects whatever ; and shall be at liberty to form a permanent constitution and State government : Provided, The constitution and government so to be formed shall be republican, and in con-
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ANNALS OF PROGRESS.
formity to the principles contained In these article , and, so far as it can be consistent with the general Interest of the confederacy, such adminton shall be allowed at an earlier perlod, and when there may be a less number of free Inhabitants in the State than sixty thousand.
ARTICLE VI
There shall be neither Slavery nor Involuntary servitude In the sald territory, otherwise than in the punishment of crimes, whereof the party shall have tren daly convicted : Provided, always, That any person e caping into the time, frus whom labor or service is lawfully claimed in any one of the original States, sach fugitive may be lawfully reclaimed, and conveyed to the person claiming his er ber laher or service as aforesaid.
Be it ordained by the authority aforesaid, That the resolutions of the and of April, 1784, relative to the subject of this Ordinance, be, and the same are hereby repealed, and declared null and void.
Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth
This is the foundation on which was subsequently erected the State of Ohl) and the sisterhood of States of the Northwest, all of its wise provisions being ir carpo- rated in their organic and fundamental laws, with such addition and elaborations as the wisdom of experience dictated and suggested.
The five States subsequently erected from the Territory were Ohlo, Indiana, Michigan, Illinois and Wisconsin, comprising one of the most important section of the Union, and forming one of its great productive, manufacturing and industrial dl- visions. The tide of emigration and civilization first manifested itself in Ohio and spread thence to Wisconsin.
The original political machinery of the Territory was simple, and for a period was as follows :
OFFICIAL DIRECTORY, 1788 -. 798.
Governor-ARTHUR ST. CLAIR.
Acting Governor-WINTHROP SARGENT.
Secretary-WINTHROP SARGENT.
Secretary-WILLIAM HENRY HARRISON.
Judges -SAMUEL H. PARSONS, JAMES M. VARNUM, JOHN CLEVES SYMMES, GEORGE TURNER. RUFUS PUTNAM. JOSEPH GILMAN, RETURN JONATHAN MFIGS, Jun.
Delegates in Congress-WM. HENRY HARRISON, W'M. McMILLAN.
In addition, there were judges of probate, magistrates, sheriffs and other execu- tive and divisional officers, necessary to carry the laws into execution.
During the first ten years of the Territorial era the Governor and Judges acted also in the legislative capacity, framing the laws which they executed. These laws were usually adopted from the statutes of the other States, as far as applicable, and were frequently drawn from the laws of the neighboring States' of Virginia and Kentucky, and less frequently from the other States, especially Connecticut and Massachusetts. In 1799 the first Legislature was chosen, pursuant to the ninth sec- tion of the Ordinance.
11. Y. u.
2
18
OHIO STATESMEN.
OFFICIAL DIRECTORY, 1799-1801.
Governor-ARTHUR ST. CLAIR, of Pennsylvania.
Secretary-CHARLES WILLING BYRD, of Virginia.
Judges-RUFUS PUTNAM, JOSEPH GILMAN, JOHN ARMSTRONG.
Delegate in Congress-PAUL FEARING.
Speaker of the Council-JACOB BURNET, Hamilton.
Speaker of the Legislature-EDWARD TIFFIN, ROSS.
Clerk of the Council-WM. C. SCHENCK, Hamilton.
Clerk of the Legislature-JOHN REILEY.
Doorkeeper of the Legislature-EDWARD SHERLOCK.
FIRST TERRITORIAL LEGISLATURE, 1799-ISO1.
Met at Chillicothe, November 24, 1799. Adjourned, January 29, 1801.
LEGISLATIVE COUNCIL. BURNET, JACOB, Hamilton, Speaker.
FINDLAY, JAMES, Hamilton.
VANCE, DAVID, Jefferson.
OLIVER, ROBERT, Washington. VANDERBURG, HENRY, Knox.
SCHENCK, WM. C., Clerk, Hamilton.
TERRITORIAL REPRESENTATIVES.
Benham, Robert.
Hamilton
Martin, Isaac. Hamilton
Bond, Shadrack
St. Clair
Massie, Nathaniel. . Ross
Caldwell, Aaron.
Hamilton
Meigs, Return J., Jun.
Washington
Darlington, Joseph
Adams
McMillan, Wm. Hamilton
Edgar, John
Randolph
Pritchard, James Jefferson
Fearing, Paul.
Washington
Small, John .. Knox
Findlay, Samuel.
Hamilton
Smith, Johr
Hamilton
Joncaire, Francois C
Wayne
Sibley, Solomon Wayne
Goforth, Win
Hamilton
Tiffin, Edward
Ross
Langham, Elias
Ross
Worthington, Thomas Ross
Ludlow, John
Hamilton
Visgar, Jacob Wayne
The House organized by the election of Edward Tiffin, Speaker ; John Reily, Clerk, and Edward Sherlock, Doorkeeper.
The principal work of the session consisted of amending existing statutes, estab- lishing smaller municipal organizations and setting up the detailed governmental machinery.
OFFICIAL DIRECTORY, ISOI-ISO2.
Governor-ARTHUR ST. CLAIR, Pennsylvania.
Acting Governor-CHARLES WILLING BYRD, Virginia.
Judges-RUFUS PUTNAM, WM. BARTON, JOHN ARMSTRONG.
Speaker of the Council-JACON BURNET, Hamilton.
Speaker of the Legislature-EDWARD TIFFIN, ROSS.
Clerk of the Council-WM. C. SCHENCK, Hamilton.
Clerk of the Legislature -- JOHN REILEY.
Doorkeeper of the Legislature-EDWARD SHERLOCK.
SECOND TERRITORIAL LEGISLATURE, ISO1-1S02. Met Monday, November 23, 1801. Adjourned January 28, 1802. LEGISLATIVE COUNCIL .. BURNET, JACOB, Speaker, Hamilton.
FINDLAY, JAMES, Hamilton. VANCE, DAVID, Jefferson.
OLIVER, ROBERT, Washington. VANDERBURG, HENRY, Knox.
SCHENCK, WM. C., Clerk, Hamilton.
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ANNALS OF PROGRESS.
TERRITORIAL. REPRESENTATIVEI.
Cutler, Ephraim.
Washington
MECune, Thomas
Darlington, John.
Adams
McDougall, George
Dunlavy, Francis ..
Hamilton
Paine, Edward
Joncuire, Francois C
Wayne
Putnamn, W'in. Rufus Washingun
Kimberly, Zenas
Jefferson
Reeder, Danle!
Langham, Elias
Rou
Schelffin, Jonathan
Way -
Ludlow, John.
Hamilton
Smith, John
Massie, Nathaniel.
. Ross
Tlflin, Edward
R
Miller, Moses
Hamilton
White, Jacob
Milligan, lohn
Jefferson
Worthington, Thomas
Morrow, Jeremiah.
Hamilton
On the first day of the session Edward Tillin, of Ross, was elected Speaker John Reiley, Clerk, and Edward Sherlock, Doorkeeper.
A protest was filed against the eligibility of Measr. Scheiflhin and M Dageall, Representatives from Wayne, but on investigation they were declared eligible and were seated.
In his Message to the House Governor St. Clair called attention to the Qualerx. who were settling in large numbers in the Territory, and who had conscientious scruples against bearing arms. He suggested that they be exempt from military dety and from fines for non-attendance upon Muster.
He also called attention to the complaints make by non-resident lan! owners that their holdings were onerously taxed, and suggesting that the assessments be lightened.
The llouse responded in an address to the Governor on this subject, setting forth that the property of the non-residents was being constantly enhanceil by the labors and sacrifices of the resident pioneers, and that when they sold any of their holdings the advance in prices more than compensated for the amount collected in taxes.
The financial condition of the Territory was rather unpromising. Bills of credit in denominations of $1 and $5 to the amount of $31,073 had been issued, of which $S,795 was unredeemed. The total amount of taxes assessed was $20,07;, and appro- priations $14,096, leaving an apparent excess of #14,9St. But this was no: real, since the collections would fall $17.399 below the assessment, leaving a deficit of $5,410.
The legislation of the two Territorial Assemblies was far from satisfactory to the people, and the relations between the Governor and the Legislature were continually strained, and often at a high tension, a fact which hastened the formation of the State government.
WASHINGTON COUNTY was erected by proclamation of the Territorial Gov. ernor, issued July 27, 17SS. Beginning on the bank of the Ohio where the western boundary of Pennsylvania crosses it, then with that line to Lake Erie, along the lake shore to the mouth of the Cuyahoga; thence up said river to the l'ortage, be- tween it and the Tuscarawas ; thence down said river to the crossing place above I't. Lawrence; thence with a line drawn westerly to the Portage on that branch of the Big Miami, on which the fort stood taken by the French in 1752, until it meets the road from the lower Shawnese town to Sandusky ; thence south to the Scioto river ; thence with that river to the mouth ; thence up the Ohto to the place of beginning. County seat is Marietta.
HAMILTON COUNTY was established by proclamation issued July 2. 1;90. Begin- ning on the bank of the Ohio river at the contluence of the Little Miami, and down
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OHIO STATESMEN.
the Ohio to the mouth of the Big Miami, up the same to the standing stone forks, or branch of said river ; thence due east to the Little Miami, and down that stream to the place of beginning. County seat is Cincinnati.
WAYNE COUNTY was established by proclamation issued August 15, 1796. It began at the mouth of Cuyahoga and extended south along the west boundary of Washington to Ft. Lawrence; thence west to the eastern boundary of Hamilton; thence west-north to site of Ft. Wayne; thence west-north to southern part of Lake Michigan ; thence along its shore to northwest part thereof, including the lands upon the streams falling into the lake; thence due north to the territorial boundary of Lake Superior, and with said boundary through Lakes Huron, St. Clair and Erie to the place of beginning.
ADAMS COUNTY was established by proclamation issued July 10, 1797. Begin- ning on the Ohio river at the upper boundary of the 24,000 acre tract granted to the French inhabitants of Gallipolis, by act of Congress March 30, 1795; thence down the Ohio to the mouth of Elk river, also known as Eagle creek; thence up the principal water of said stream to its source; thence by due north line to the southern boundary of Wayne county, and easterly along said boundary so far that a due south line shall meet the interior point of the upper boundary of said 24,000 acre tract and with said boundary to the place of beginning. County seat is West Union.
JEFFERSON COUNTY was created by proclamation issued July 27, 1797. Begin- ning on the Ohio river where the western boundary of Pennsylvania crosses it, and down said river to southern boundary of the fourth township in the third range (of those seven ranges of townships surveyed under Ordinance of Congress, May 20, 1795), and with said southern boundary west to the S. W. corner of the sixth township of the fifth range; thence north along the western boundary of said fifth range to the termination thereof; thence due west to the Muskingum river, and up the same to and with the Portage, between it and the Cuyahoga river ; thence down the Cuyahoga to Lake Erie; thence easterly along the shores of the lake to the western boundary of Pennsylvania and south with the same to the place of beginning. County seat is Steubenville.
Ross COUNTY was established by proclamation dated August 20, 179S. Begin- ning at the 42d mile tree, on the line of the original grant of land by the United States to the Ohio Company, run by Israel Ludlow, and running from thence west until it shall intersect a line drawn due north from the mouth of Elk river (or Eagle creek), and from the point of intersection running north to the southern boundary of Wayne, and from thence easterly with the Wayne county boundary, to a point where a line drawn due south will intersect the place of beginning. County scat is Chillicothe.
TRUMBULL COUNTY was established by the proclamation of Ju'y 10, 1Soo. Be- ginning at the completion of the 41st degree of north latitude 120 miles west of the west- ern boundary of Pennsylvania, and running from thence by a line to be drawn north parallel to 120 miles west of said west line of Pennsylvania, and continue north till it reaches 42 degrees, 2 minutes north latitude ; thence with a line east until it intersects said western boundary of Pennsylvania; thence with said western boundary of Pennsylvania south to the completion of the 41st degree of north latitude, and from thence west to the place of beginning. County seat is Warren.
CLERMONT COUNTY. Established by proclamation dnted December 6, 1800. Beginning at the mouth of Nine-Mile or Muddy creek, on Ohio river ; thence on a
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ANNALS OF PROGRESS.
straight line to the mouth of the cast branch of the Little Miamill there with the Little Miami to the mouth of ()'Banion's creek ; thence with a de cast lles, veill it shall intersect a line drawn due north from the month of Elk river, or Eagle Creek , thence with that line south to the mouth of Lik river, or Eagle creek, and theme with the Ohio to the place of beginning. County seat is Batavia.
FAIRFIELD COUNTY was established by proclamation of Deccinker | id Beginning at a point in the east line of the fifteenth range of townships, and west if the fourteenth range as surveyed under the Ordinance of Congress, May 20, 17)5 where sald line intersects the south line of the military land ; running thence north until It intersects the Indian boundary line ; thence returning to the before mentioned and running south by the said range line between the fourteenth and fifteenth rangex, until it intersects the north boundary line of the Ohlo Company's purchase ; thende with all boundary line due west to the northwest corner of sald Ohlo Company's purchase! thence south six miles ; thence with a line drawn west until it intersects the western boundary of the twentieth range of townships; thence with the western boundary of said twentieth range to the before mentioned Indian boundary line, and with that line of limit to the before mentioned intersection of that boundary line, County seat is Lancaster.
BELMONT COUNTY. Established by proclamation September 7. 1901. Beginning on the Ohio river, at the middle of the fourth township in the second range of town. ships, in the seven ranges, and running with the line between the third and fourth sections of that township north to the western boundary of said seven ranges; thence south with said western boundary to the middle of the fifth township in the seventh range of townships; thence east with the line between the third and fourth sections of said fifth township to the Ohio river, and thence with said river to the place of beginning. County seat is St. Clairsville.
The foregoing ten counties were located wholly within the present boundaries of Ohio, except Wayne, the principal portion of which was located west and northwest of the present State. With the admission of Ohio to the Union, Wayne county lapsed as an organization, to be revived by the act of February 13. ISoS.
The Knox county of the Northwest Territory did not embrace any territory within the present limits of Ohio, but was created independently of its predecessor by the act of January 30, 1808. The original Knox county was situate west of the State's western boundary, embracing the most of the State of Indiana.
Randolph county, of the Territory, lay west of Knox, and St. Clair west and north of the State's present boundaries.
There were various alterations of the boundaries of the ten original counties, by proclamation and acts of the Territorial Legislature before the State was organ- ized, to rectify errors of survey and calculation.
PART II .- VOL. I.
From 1803 to 1810 under State Organization.
A political revolution ensued at the close of the year 1802, the Territorial Gov- ernment was overthrown, and the State Government established. It is not essential to enter upon the details, which are recorded in general history, suffice it to say that the variance between the Territorial Governor, and the people of that portion of it now embraced within the limits of Ohio, was so great that it became unendurable, and, after consulting with members of the Federal administration, resolved to throw it off, especially in view of the fact that the population of that part of the Territory entitled them to a separate organization under the provisions of the Ordinance of 1787
Accordingly they chose the following Representatives to formulate a State Con- stitution, and take the necessary steps for admission to the Union of States :
CONSTITUTIONAL CONVENTION-IS02.
Joseph Darlington
Adams
John Smith Hamilton
Israel Donalson
Adams
John Wilson
Hamilton
Thomas Kirker
Adams
Rudolph Bair Jefferson
James Caldwell.
Belmont
George Humphrey Jefferson
Elijah Woods
Belmont
John Milligan
Jefferson
Philip Gatch.
Clermont
Nathan Updegraff
Jefferson
James Sargent.
Clermont
Bazaleel Wells
Jefferson
Henry Abrams.
Fairfield
Michael Baldwin.
Ross
Emanuel Carpenter
Fairfield
James Grubb.
Ross
John W. Browne.
Hamilton
Nathaniel Massie
Ross
Charles Willing Byrd
Hamilton
Thomas Worthington
Ross
Francis Dunlavy
Hamilton
David Abbott
Trumbull
William Goforth
Hamilton
Samuel Huntington
Trumbull
John Kitchel
Hamilton
Ephraim Cutler
Washington
Jeremiah Morrow
Hamilton
Benj. Ives Gilman
Washington
John Paul.
Hamilton
John McIntyre.
Washington
John Reiley
Hamilton
Rufus Putnam
Washington
OFFICERS.
Edward Tiffin.
President.
Thomas Scott. Secretary.
These gentlemen assembled in Convention at Chillicothe, on the Ist day of November, 1802, and on the 29th day of that month completed and declared ratified a Constitution which continued the organic law of the State for forty seven years, and under which Ohio was admitted to the Union in 1803, putting on the mantle of full Statehood. That Constitution was :
CONSTITUTION OF THE STATE OF OHIO OF 1802.
We, the people of the eastern division of the Territory of the United States northwest of the river Ohio, having the right of admission into the General Govern- ment 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 di-
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ANNALS OF PROGRESS.
vision of the Territory of the United States northwest of the river Ohim to form a Constitution and State Government, and for the adiniselon wf wuch Ktat lut the Union, on an equal footing with the original States, and for other pürpuses:" ti order to establish justice, promote the welfare an! secure the lilcuties of Illerty to ourselves and our posterity, do ordain and establish the following Constitution ar form of Government ; and do mutually agree with each other to form ourselves ist, a free and independent State, by the name of the State of Obis.
ARTICI.I. I.
OF THE LEGISLATIVE POWER
SECTION 1. The legislative authority of this State shall be vrated is a Grarral Assembly, which shall consist of a Senate and House of Representatives, both t, le elected by the people. (See Const. 153), Art. /1. 1.)
Snc. 2. Within one year after the first meeting of the General Ancolily, and within every subsequent term of four years, an enumeration of all the white wale it habitants above twenty-one years of age shall be made in such manter -s shall be di- rected by law. The number of Representatives shall, at the several periods of muk ing such enumeration. be fixed by the Legislature and appertignet athome the ses. eral counties, according to the number of white male inhabitants above twenty-ins years of age in each, and shall never be less than twenty - four nor greater than thirty six until the number of white male inhabitants above twenty-one years of age shall be twenty-two thousand ; and after that event, at such ratio that the whole number of Representatives shall never be less than thirty six not exceed seventy-two. (See Const. 1851, Art. VI.)
SEC. 3. The Representatives shall be chosen annually by the citizens of each county, respectively, on the second Tuesday of October. (See Cena. 195), Ar: //
SEC. 4. No person shall be a Representative who shall not have attained the age of twenty-five years, and be a citizen of the United States and in inhabitant of this State ; shall also have resided within the limits of the county in which he shall be chosen one year next preceding his election, unless he shall have been absent on the public business of the United States, or of this State, and shall Have pa ! a State=r county tax. (Sre Const. 1851. _ Art 11, § 3.)
SEC. 5. The Senator- shall be chosen biennially, by the qualified voters for Rep resentatives ; and on their being convened in consequence of the first election, they shall be divided. by lot, from their respective counties or districts, as near an can be. into two classes ; the seats of the Senators of the first class shall In vacated at the expiration of the first year, and of the second class at the expiration of the wound vear, so that one-half thereof. as near as possible, may be annually chomen furever thereafter. (Ser Const. 1851. Art. 11. § _. )
SEC. 6. The number of Senators shall, at the several periods of making the enumeration, before mentioned. be fixed by the Legislature, and appartiene! among the several counties or districts, to be established by law, according to the nochfier of white male inhabitants of the age of twenty -one years in cach, and shall never be less than one-third nor more than one-half of the number of Representatives.
SEC. 7. No person shall be a Senator who has not arrived at theage of thirty years, and is a citizen of the United States; shall have resided two years in the pants or district immediately preceding the election, unless he shall have been afeelit on the public business of the United States, or of this State ; and shall, mureuver, have paid a State or county tax. (See Const. 1551. . Art. 11. 6 3.
SEC. S. The Senate and House of Representatives, when assembled, stol rach choose a Speaker and its other officers ; be judges of the qualificatiuns anl elections of its members, and sit upon its own adjournments ; two-thirds of cach Howwe shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members (Sic Cimit. [ .... ]// ... )
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OHIO STATESMEN.
SEC. 9. Each House shall keep a journal of its proceedings, and publish them ; the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. (See Const. 1851, Art. II, § 9.)
SEC. 10. Any two members of either House shall have liberty to dissent from, and protest against any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the jour- nals. (See Const.1851, Art. II, § 10.)
SEC. 11. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free and independent State. (See Const. 1851, Art. II, § 8.)
SEC. 12. When vacancies happen in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to such vacancies. (See Const. 1851, Art. II, § 11.)
SEC. 13. Senators and Representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. (See Const. 1851, Art. II, § 12.)
SEC. 14. Each House may punish, by imprisonment, during their session, any person not a member who shall be guilty of disrespect to the House by any disor- derly or contemptuous behavior in their presence ; provided' such imprisonment shall not, at any one time, exceed twenty-four hours.
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