USA > Ohio > The Ohio hundred year book; a hand-book of the public men and public institutions of Ohio from the formation of the North-West territory (1787) to July 1, 1901 > Part 2
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17
THE OHIO HUNDRED YEAR BOOK.
Act of Confederation.
which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing ; and the judgement and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties concerned : provided that every commissioner, before he sits in judgment, shall take an oath to be admin- istered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, "well and truly to hear and determ- ine the matter in question, according to the best of his judgment, without favor, affection or hope of reward:" provided also that no state shall be deprived of territory for the benefit of the united states.
All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.
The united states in congress assembled shall also have the sole and exclusive right of regulating the alloy and value of coin struck by their own authority, or by that of the respective states-fixing the standard of weights and measures throughout the united states-regulating the. trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated-establishing and regulating post- offices from one state to another, throughout all the united states, and exacting such postage on the papers passing thro' the same as may be requisite to defray the expences of said office-appointing all officers of the land forces, in the service of the united states, excepting regimental officers-appointing all the officers of the naval forces, and commission- ing all officers whatever in the service of the united states-making rules for the government and regulation of the said land and naval forces, and directing their operations.
The united states in congress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated
2 H. Y. B.
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THE OHIO HUNDRED YEAR BOOK.
Act of Confederation.
"A Committee of the States," and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction-to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of Money to be raised for the service of the united states, and to appro- priate and apply the same for defraying the public expences-to borrow money, or emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted,-to build and equip a navy-to agree upon the num- ber of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisitions shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expence of the united states; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed upon by the united states in congress assembled: But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than its quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such state, unless the legis- lature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, cloathe, arm and equip as many of such number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled.
The united states in congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the united states, or any of them, nor emit bills, nor bor- row money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander- in-chief of the army or navy, unless nine states assent to the same: nor shall a question on any other point, except for adjourning from day to day, be determined unless by the votes of a majority of the united states in congress assembled.
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THE OHIO HUNDRED YEAR BOOK.
Act of Confederation.
The congress of the united states shall have power to adjourn to any time.within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the Journal of their proceedings monthly, except such part thereof relating to treaties, alliances or military opera- tions, as in their judgment may require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a trans- cript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.
ARTICLE X. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united states in congress assembled, by the consent of nine states, shall from time to time think it expedient to vest them with ; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the united states assembled is requisite.
ARTICLE XI. Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union : but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.
ARTICLE XII. All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of congress, before the assem- bling of the united states, in pursuance of the present confederation, shall be deemed and considered as a charge against the united states, for payment and satisfaction whereof the said united states, and the public faith are hereby solemnly pledged.
ARTICLE XIII. Every state shall abide by the determination of the united states in congress assembled, on all questions which by this con- federation are submitted to them. And the articles of this confeder- ation shall be inviolably observed by every state, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them ; unless such alteration be agreed to in a congress of the united states, and be afterward confirmed by the legislatures of every state.
AND WHEREAS, it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confeder- ation and perpetual union. KNOW YE that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matter
20
THE OHIO HUNDRED YEAR BOOK.
Signers of the Act of Confederation.
and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determination of the united states in congress assembled, on all ques- tions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we respect- ively represent, and that the union shall be perpetual.
IN WITNESS whereof we have hereunto set our hands in congress. DONE at Philadelphia in the state of Pennsylvania the ninth day of July in the Year of our Lord one Thousand seven Hundred and Seventy- eight, and in the third year of the independence of America.
ON THE PART AND BEHALF OF THE STATE OF NEW HAMPSHIRE. Josiah Bartlett,
John Wentworth Jun'r, August 8, 1778.
ON THE PART AND BEHALF OF THE STATE OF MASSACHUSETTS BAY. John Hancock, Francis Dana,
Samuel Adams, James Lovell,
Elbridge Gerry,
Samuel Holten.
ON THE PART AND IN BEHALF OF THE STATE OF RHODE ISLAND AND
PROVIDENCE PLANTATIONS.
William Ellery, John Collins.
Henry Marchant,
ON THE PART AND BEHALF OF THE STATE OF CONNECTICUT.
Roger Sherman,
Titus Hosmer,
Andrew Adams.
Samuel Huntington,
Oliver Wolcott,
ON THE PART AND BEHALF OF THE STATE OF NEW YORK.
Jas Duane, William Duer, Gouvr Morris.
Fras Lewis,
ON THE PART AND IN BEHALF OF THE STATE OF NEW JERSEY. Jno Witherspoon, Nathl Scudder, Nov. 26, 1778.
ON THE PART AND BEHALF OF THE STATE OF PENNSYLVANIA.
Robert Morris, William Clingan,
Daniel Roberdeau, Joseph Reed,
Jona Bayard Smith,
July 22, 1778.
ON THE PART AND IN BEHALF OF THE STATE OF DELAWARE.
John Dickinson, May 5, 1779, Tho M'Kean, Feb. 12, 1779. Nicholas Van Dyke,
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THE OHIO HUNDRED YEAR BOOK.
Signers of the Act of Confederation.
ON THE PART AND IN BEHALF OF THE STATE OF MARYLAND. John Hanson, March I, 1781, Daniel Carrol, March 1, 1781,
ON THE PART AND IN BEHALF OF THE STATE OF VIRGINIA.
Richard Henry Lee, John Harvie,
John Bannister, Francis Lightfoot Lee.
Thomas Adams,
ON THE PART AND BEHALF OF THE STATE OF NORTH CAROLINA. . John Penn, July 21, 1778, Jno. Williams. Corns. Harnett,
ON THE PART AND BEHALF OF THE STATE OF SOUTH CAROLINA.
Henry Laurens, William Henry Drayton,
Richard Hutson,
John Mathews,
Thos. Heyward, Jun.
ON THE PART AND BEHALF OF THE STATE OF GEORGIA. Jno. Walton, 24th July 1778,
Edw Langworthy.
Edw Telfair,
NOTE. - Prior to the Declaration of Independence, and on the 12th day of the preceding month, a committee was appointed by the Continental Congress, "to prepare and digest the form of a confederation to be entered into between these colonies." The report of the committee was made on the 12th of July, and printed copies placed in the hands of members of the congress for their secret examination. For two years the articles were under discussion by the members of the several state legislatures to whom copies were sent by the new government, and on the 9th of July, 1778, the representatives in congress of the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, Pennsylvania, Virginia and South Carolina, signed the form above which had been agreed upon. To those states whose delegates being absent or uncertain of their power, did not sign the form at this time, Congress addressed a request for action with all convenient dispatch. North Carolina ratified the Act on the 21st of July, and Georgia on the 24th of the same month, thus giving the assent of ten states to the instrument. The remaining ratifications were given; by New Jersey, November 26, 1778; by Delaware, May 5, 1779; and by Maryland, March 1, 1781.
Congress assembled under the Act of Confederation, March 2, 1781, the day following the ratification of the act by Maryland.
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WILLIAM MCKINLEY.
WILLIAM MCKINLEY, President, was born at Niles, Trumbull County, Ohio, January 29, 1843; was educated in the public schools, Poland Academy, Allegheny College; before attain- ing his majority he taught in the public schools; enlisted as a private in the Twenty-third Ohio Volunteer Infantry June 11, 1861; promoted to commissary-sergeant April 15, 1862, to second lieutenant September 23, 1862, to first lieutenant February 7, 1863, to captain July 25, 1864; served successively on the staffs of Generals R. B. Hayes, George Crook and Winfield S. Hancock and was brevetted major in the United States Volunteers by President Lincoln for gallantry in battle March 13, 1865; detailed for acting adjutant-general of the First Division, First Army Corps, on the staff of General S. S. Carroll; mustered out of service July 26, 1865; returning to civil life, he studied law in Mahoning County; took a course at the Albany (N. Y.) Law School, and in 1867 was admitted to the bar and settled at Canton, Ohio, which has since been his home; in 1869 he was elected prosecuting attorney of Stark County, and served a term in that office; in 1876 was elected a member of the National House of Representatives, and for fourteen years represented the congressional district of which his county was a part; as chairman of the Ways and Means Committee he reported the tariff law of 1890, but in November following was defeated for Congress in a gerrymandered district, although reducing the usual adverse majority from 3,000 to 300; in 1891 was elected governor of Ohio by a plurality of 21,511, and 1893 was re-elected by a plurality of 80,995; in 1884 was a delegate-at-large to the Republican national convention and supported James G. Blaine for president; was a member of the committee on resolutions and read the platform to the convention; in 1888 was also a delegate-at-large from Ohio, supporting John Sherman, and as chairman of the committee on resolutions again reported the platform; in 1892 was again a delegate-at-large from Ohio, and supported the nomination of Benjamin Harrison, and served as chairman of the convention. At that convention 182 votes were cast for him for president, although he had persistently refused to have his name considered. On June 18, 1896, he was nominated for president at St. Louis, receiving 661 out of 905 votes. He was elected president at the ensuing November election by a popular plurality of 600,000 votes, and received 271 electoral votes as against 176 for William J. Bryan, of Nebraska. He was again elected president in 1900.
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THE ORDINANCE OF 1787.
AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTH WEST OF THE RIVER OHIO.
[Adopted by the Confederate Congress July 13th, 1787. The Constitution of the United States was adopted by the Congress the 28th of September foi- lowing. The text from which this was printed was found in a volume of terri- torial laws printed in Cincinnati in the year 1796. By authority W. Maxwell, Jr., and known as "Maxwell's Code, 1796."]
B E it ordained by the United States in Congress assembled, That the said territory, for the purpose of temporary government, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.
Be it ordained by the authority aforesaid, that the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among their chil- dren, and the descendants of a deceased child in equal parts ; the descendants of a deceased child or grandchild, to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have in equal parts among them their deceased parent's share; and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one- third part of the personal estate; and this law relative to descents and ยท dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as herein- after mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her, in whom the estate may be (being of full age) and attested by three witnesses; and real estates may be conveyed by lease and release or bargain and sale signed, sealed and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose ; and personal property may be transferred by delivery, saving, however, to the French and Can- adian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and custom's now in force among them, relative to the descent and conveyance of property.
Be it ordained by the authority aforesaid, that there shall be appointed from time to time, by Congress, a governor, whose commission shall
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THE OHIO HUNDRED YEAR BOOK.
Ordinance of 1787.
continue in force for the term of three years, unless sooner revoked by Congress ; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office.
There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked, he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the legisla- ture, and the public records of the district, and the proceedings of the governor in his executive department; and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Con- gress. There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common-law juris- diction, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior.
The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress, from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit.
The governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commis- sioned by Congress.
Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same: After the general assembly shall be organ- ized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly ; but all magistrates and other civil officers, not herein otherwise directed, shall, during the con- tinuance of this temporary government, be appointed by the governor.
For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof-and he shall proceed from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature.
So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall
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THE OHIO HUNDRED YEAR BOOK.
Ordinance of 1787.
receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly: Pro- vided, That for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the num- ber of representatives shall amount to twenty-five, after which the num- ber and proportion of representatives shall be regulated by the legislature ; Provided, That no person be eligible or qualified to act as a representa- tive unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years, and in either case, shall likewise hold in his own right, in fee-simple, two hundred acres of land within the same :- Pro- vided also, that a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district; or the like freehold and two years' residence in the district shall be neces- sary to qualify a man as an elector of a representative.
The representatives thus elected, shall serve for the term of two years, and in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term. The general assembly, or legislature, shall consist of the gov- ernor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress, any three of whom to be a quorum, and the members of the council shall be nominated and appointed in the following manner, to-wit: As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together, and, when met, they shall nominate ten persons, resident in the district, and each possessed of a freehold in five hundred acres of land, and re- turn their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid ; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representa- tives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom Congress shall appoint and commission for the residue of the term; and every five years, four months at least before the expiration of the time of service of the mem- bers of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws in all cases for good government of the district, not repugnant to the princi- ples and articles in this ordinance established and declared. And all bills
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THE OHIO HUNDRED YEAR BOOK.
Ordinance of 1787.
having passed by a majority in the house, and by a majority in the coun- cil, shall be referred to the governor for his assent; but no bills or legis- lative act whatever, shall be of any force without his assent. The gov- ernor shall have power to convene, prorogue and dissolve the general assembly when, in his opinion, it shall be expedient.
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