USA > Ohio > The biographical annals of Ohio, 1902-1903. A handbook of the government and institutions of the state of Ohio. Vol. 1 > Part 5
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SECTION 3. No person shall be a Senator or Representative in Congress, elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an offi- cer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion
47
THE BIOGRAPHICAL ANNALS OF OHIO.
Amendments to the Constitution of the United States.
against the same, or given aid or comfort to the enemies thereof; but Congress may, by a vote of two-thirds of each House, remove such dis- ability.
SECTION 4. The validity of the public debt of the United States authorized by law, including debts incurred for the payment of pensions and bounties for service in suppressing insurrection or rebellion, shall not be questioned; but neither the United States nor any State shall assume to pay any debt or obligation incurred in aid of insurrection or rel ellion against the United States, or any claim for loss or emancipa- tion of any slave, but all such debts, obligations and claims shall be ille- gal and void.
SECTION 5. The Congress shall have power to enforce, by appro- priate legislation, the provisions of this article.
[The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 16th of June, 1866. On the 21st of July, 1868, Congress adopted and transmit- ted to the Department of State a concurrent resolution declaring that "the leg- islatures of the States of Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more of the several States of the Union, have ratified the fourteenth article of amendment to the Constitution of the United States, duly proposed by two-thirds of each House of the Thirty ninth Congress: Therefore, Resolved, That said four- teenth article is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State." The Secretary of State accordingly issued a proclamation, dated the 28th of July, 1868, declaring that the proposed fourteenth amendment had been ratified, in the manner hereafter mentioned, by the legislatures of thirty of the thirty-six States, viz .: Connecticut, June 30, 1866; New Hampshire, July 7, 1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866 (and the legislature of the same State passed a resolution in April, 1868, to withdraw its consent to. it; ) Oregon, September 19, 1866; Vermont, November 9, 1866; Georgia rejected it November 13, 1866, and ratified it July 21, 1868; North Carolina rejected it December 4, 1866, and ratified it July 4, 1868; South Carolina rejected it December 20, 1866, and ratified it July 9, 1868; New York ratified it January 10, 1867 ; Ohio ratified it January 11, 1867, (and the legis- lature of the same State passed a resolution in January, 1868, to withdraw its consent to it) ; Illinois ratified it January 15, 1867; West Virginia, January 16, 1867 ; Kansas, January 18, 1867; Maine, January 19, 1867; Nevada, January 22, 1867 ; Missouri, January 26, 1867 ; Indiana, January 29, 1867; Minnesota, February 1, 1867 ; Rhode Island, February 7, 1867; Wisconsin, February 13, 1867; Pennsyl- vania, February 13, 1867; Michigan, February -15, 1867; Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, April 3, 1868; Arkansas, April 6, 1868; Florida, June 9, 1868 ; Louisiana, July 9, 1868; and Alabama, July 13, 1868. Georgia again ratified the amendment February 2, 1870. Texas rejected it November 1, 1866, and ratified it February 18, 1870. Virginia rejected it January 19, 1867, and rati- fied October 8, 1869. The amendment was rejected by Kentucky January 10, 1867; by Delaware February 8, 1867; by Maryland March 23, 1867; and was not afterward ratified by either State.]
48
THE BIOGRAPHICAL ANNALS OF OHIO.
Amendments to the Constitution of the United States.
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on ac- count of race, color, or previous condition of servitude.
SECTION 2. The Congress shall have power to enforce this arti- cle by appropriate legislation.
[The fifteenth amendment to the Constitution of the United States was pro- posed to the legislatures of the several States by the Fortieth Congress on the 27th of February, 1860, and was declared, in a proclamation of the Secretary of State, dated March 30, 1870, to have been ratified by the legislatures of twenty-nine of the thirty-seven States. The dates of these ratifications (arranged in the order of their reception at the Department of State) were: from North Carolina, March 5, 1869; West Virginia, March 3, 1869; Massachusetts, March 9-12, 1869; Wisconsin, March 9, 1869 ; Maine, March 12, 1869; Louisiana, March 5, 1869; Michigan, March 8, 1869; South Carolina, March 16, 1869; Pennsylvania, March 26, 1869; Arkansas, March 30, 1869; Connecticut, May 19, 1869; Florida, June 15, 1869; Illinois, March 5, 1869; Indiana, May 13-14, 1869; New York, March 17-April 14, 1869; and the legislature of the same State passed a resolution January 5, 1870, to withdraw its consent to it) ; New Hampshire, July 7, 1869; Nevada, March 1, 1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Missouri, January 10, 1870; Mississippi, . January 15-17, 1870: Ohio, January 27, 1870; Iowa, February 3, 1870; Kansas, January 18-19, 1870; Minnesota, February 19, 1870; Rhode Island, January 18, 1870; Nebraska, February 17, 1870; Texas, February 18, 1870. The State of Georgia also ratified the amendment February 2, 1870.]
JAMES A. GARFIELD.
James Abraham Garfield, twentieth president of the United States, was born in Orange, Cuyahoga County, Ohio, November 19, 1831; he graduated at Williams College, Massachusetts, in 1856; studied and practiced law ; was a member of the Ohio Senate in 1859-1860. In the Civil War he entered the military service as colonel of the Forty- second Ohio Volunteers ; and served in south-eastern Kentucky, where (January, 1862), in command of a brigade, he forced Humphrey Marshall and his command to evacuate Ken- tucky, and for this service was promoted to be brigadier-general of volunteers, January 11, 1862 ; also served at Shiloh, Corinth, etc. In 1863 he was appointed chief of staff by General Rosecrans. with whom he continued to serve until December 5, 1863, having in the meantime (September 19, 1863) been promoted to be major-general of volunteers for gallantry at the battle of Chickamauga, when he resigned to take his seat in the Thirty- eighth Congress, to which he had been elected, and was re-elected to each succeeding Congress, serving as chairman of the committees on military affairs, banking and ap- propriations ; elected United States Senator from Ohio January 13, 1880; nominated for president by the Republicans at Chicago, Ill., with Chester A. Arthur for vice-president, June 8, 1880, and elected November 2, 1880 ; shot and mortally wounded July 2, 1881, by Charles J. Guiteau, who was lying in wait for him in the Baltimore & Potomac Railroad Station in Washington, D. C., as the presidential party was about leaving for an ex- tended pleasure trip through New England. President Garfield was removed in a crit- ical condition September 6, 1881, from the White House at Washington in a specially arranged car to Long Branch, N. J., where he died September 19, 1881. A bronze statue of him was unveiled at Washington, D. C., May 12, 1887. The city of Cleveland erected a beautiful monument to his memory in Lake View Park, where his remains are buried
4 B A.
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THE ACT OF CONGRESS DIVIDING THE NORTHWEST TERRITORY INTO THE NORTHWEST TERRITORY (OF OHIO) AND THE TERRITORY OF INDIANA.
(May 7, 1800.)
AN ACT TO DIVIDE THE TERRITORY OF THE UNITED STATES NORTHWEST OF THE OHIO, INTO TWO SEPARATE GOVERNMENTS.
S ECTION 1. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assem- bled, That from and after the fourth day of July next, all that part of the territory of the United States northwest of the Ohio river, which lies to the westward of a line beginning at the Ohio, opposite to the mouth of Kentucky river, and running thence to Fort Recovery, and thence north until it shall intersect the territorial line between the United States and Canada, shall, for the purposes of temporary govern- ment, constitute a separate territory and be called the Indiana Terri- tory.
SEC. 2. And be it further enacted, That there shall be established within the said territory a government in all respects similar to that provided by the ordinance of Congress, passed on the thirteenth day of July one thousand seven hundred and eighty-seven, for the government of the territory of the United States northwest of the river Ohio; and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges and advantages granted and secured to the people by the said ordinance.
SEC. 3. And be it further enacted, That the officers for the said territory, who by virtue of this act shall be appointed by the President of the United States, by and with the advice and consent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensations as by the ordi- nance aforesaid and the laws of the United States, have been provided and established for similar officers in the territory of the United States northwest of the river Ohio. And the duties and emoluments of super- intendent of Indian affairs shall be united with those of governor: Pro- vided, that the President of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein authorized ; and their commissions shall continue in force until the end of the next session of Congress.
SEC. 4. And be it further enacted, That so much of the ordinance for the government of the territory of the United States northwest of the Ohio river, as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall be in force and operate
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51
THE BIOGRAPHICAL ANNALS OF OHIO.
Act Dividing the Northwest Territory.
in the Indiana territory, whenever satisfactory evidence shall be given to the governor thereof, that such is the wish of the majority of free- holders, notwithstanding there may not be therein five thousand free male inhabitants of the age of twenty-one years and upwards : Provided, that until there shall be five thousand free male inhabitants of twenty- one years and upward in said territory, the whole number of representa- tives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in the said territory, agreeably to the number of free males of the age of twenty-one years and upwards which they may respectively contain.
SEC. 5. And be it further enacted, That nothing in this act con- tained shall be construed so as in any manner to affect the government now in force in the territory of the United States northwest of the Ohio river, further than to prohibit the exercise thereof within the Indiana territory, from and after the aforesaid fourth day of July next: Pro- vided, that whenever that part of the territory of the United States which lies to the eastward of a line beginning at the mouth of the Great Miami river, and running thence due north to the territorial line between the United States and Canada, shall be erected into an inde- pendent state, and admitted into the Union on an equal footing with the original states, thenceforth said line shall become and remain perma- nently the boundary line between such state and the Indiana territory ; anything in this act contained to the contrary notwithstanding.
SEC. 6. And be it further enacted, That until it shall be otherwise ordered by the legislatures of the said territories respectively, Chilli- cothe, on Scioto river, shall be the seat of the government of the terri- tory of the United States northwest of the Ohio River; and that Saint Vincennes, on the Wabash river, shall be the seat of the government for the Indiana territory.
APPROVED, May 7, 1800.
THE ACT OF CONGRESS DIRECTING THE CREATION OF THE STATE OF OHIO.
(1802.)
WITH SUPPLEMENTARY ACT OF MARCH 3, 1803.
AN ACT TO ENABLE THE PEOPLE OF THE EASTERN DIVISION OF THE TER. RITORY NORTHWEST OF THE RIVER OHIO TO FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMISSION OF SUCH STATE INTO THE UNION, ON AN EQUAL FOOTING WITH THE ORIGINAL STATES, AND FOR OTHER PURPOSES.
B E it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the in- habitants of the eastern division of the territory northwest of the river Ohio, be, and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as they shall deem proper, and the said state, when formed, shall be admitted into the Union, upon the same footing with the original states, in all respects whatever.
SEC. 2. And be it further enacted, That the said state shall con- sist of all the territory included within the following boundaries, to wit; Bounded on the east by the Pennsylvania line, on the south by the Ohio river, to the mouth of the Great Miami river, on the west by a line drawn due north from the mouth of the Great Miami, aforesaid, and on the north by an east and west line, drawn through the southerly extreme of Lake Michigan, running east after intersecting the due north line aforesaid from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line, aforesaid : Provided, that Congress shall be at liberty at any time hereafter, either to attach all the terri- tory lying east of the line to be drawn due north from the mouth of the Miami, aforesaid, to the territorial line, and north of an east and west line drawn through the southerly extreme of Lake Michigan, running east as aforesaid to Lake Erie, to the aforesaid state, or dispose of it otherwise, in conformity to the fifth article of compact between the original states, and the peoples and states to be formed in the territory northwest of the river Ohio.
SEC. 3. And be it further enacted, That all that part of the terri- tory of the United States, northwest of the river Ohio, heretofore in- cluded in the eastern division of said territory, and not included within the boundary herein prescribed for the said state, is hereby attached to and made a part of the Indiana territory, from and after the formation of the said state, subject nevertheless to be disposed of by Congress,
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53
THE BIOGRAPHICAL ANNALS OF OHIO.
Act Creating the State of Ohio.
according to the right reserved in the fifth article of the ordinance aforesaid, and the inhabitants therein shall be entitled to the same priv- ileges and immunities, and subject to the same rules and regulations, in all respects whatever, with all other citizens residing within the Indiana territory.
SEC. 4. And be it further enacted, That all male citizens of the United States, who shall have arrived at full age, and resided within the said territory at least one year previous to the day of election, and shall have paid a territorial or county tax, and all persons having in other respects, the legal qualifications to vote for representatives in the general assembly of the territory, be, and they are hereby authorized to choose representatives to form a convention, who shall be apportioned amongst the several counties within the eastern division aforesaid, in a ratio of one representative to every twelve hundred inhabitants of each county, according to the enumeration taken under the authority of the United States, as near as may be, that is to say: from the county of Trumbull, two representatives; from the county of Jefferson seven rep- resentatives, two of the seven to be elected within what is now known by the county of Belmont, taken from Jefferson and Washington counties ; from the county of Washington, four representatives ; from the county of Ross, seven representatives, two of the seven to be elected in what is now known by Fairfield county, taken from Ross and Washington coun- ties ; from the county of Adams three representatives ; from the county of Hamilton, twelve representatives, two of the twelve to be elected in , what is now known by Clermont county, taken entirely from Hamilton county ; and the elections for the representatives aforesaid, shall take place on the second Tuesday of October next, the time fixed by a law of the territory, entitled "An act to ascertain the number of free male in- habitants of the age of twenty-one, in the territory of the United States northwest of the river Ohio, and to regulate the elections of representa- tives for the same," for electing representatives to the general assembly, and shall be held and conducted in the same manner as is provided by the aforesaid act, except that the qualifications of electors shall be as herein specified.
SEC. 5. And be it further enacted, That the members of the con- vention, thus duly elected, be, and they are herby authorized to meet at Chillicothe on the first Monday in November next; which convention, when met, shall first determine by a majority of the whole number elected, whether it be or be not expedient at that time to form a consti- tution and state government for the people, within the said territory, and if it be determined to be expedient, the convention shall be, and hereby are (is) authorized to form a constitution and state government,
54
THE BIOGRAPHICAL ANNALS OF OHIO.
Act Creating the State of Ohio.
or if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government ; which said representatives shall be chosen in such manner, and in such proportion, and shall meet at such time and place, as shall be prescribed by the said ordinance; and shall form for the people of the said state, a constitution and state government; provided the same shall be republican, and not repugnant to the ordinance of the thirteenth of July, one thousand seven hundred and eighty-seven, between the original states and the people and states of the territory northwest of the river Ohio.
SEC. 6. And be it further enacted, That until the next general census shall be taken, the said state shall be entitled to one representa- tive in the House of Representatives of the United States.
SEC. 7. And be it further enacted, That the following propositions. be, and the same are hereby offered to the convention of the eastern state of the said territory, when formed, for their free acceptance or rejec- tion, which, if accepted by the convention, shall be obligatory upon the United States.
First. That the section number sixten, in every township, and where such section has been sold, granted or disposed of, other lands equivalent thereto and most contiguous to the same, shall be granted to the inhabitants of such township, for the use of schools.
Second. That the six miles reservation including the salt springs, commonly called the Scioto salt springs, the salt springs near the Mus- kingum river, and in the military tract, with the sections of land which include the same, shall be granted to the said state for the use of the people thereof, the same to be used under such terms and conditions and regulations as the legislature of the said stateshall direct : Provided : the said legislature shall never sell nor lease the same for a longer period than ten years. !
Third. That one twentieth part of the nett proceeds of the lands lying within the said state sold by Congress, from and after the thir- tieth day of June next, after deducting all expenses incident to the same, shall be applied to the laying out and making public roads, lead- ing from the navigable waters emptying into the Atlantic, to the Ohio, to the said state, and through the same, such roads to be laid out under the authority of Congress, with the consent of the several states through which the road shall pass: Provided always, that the three foregoing propositions herein offered, are on the conditions that the convention of the state shall provide, by an ordinance irrevocable, without the con- sent of the United States, that every and each tract of land sold by Con- gress, from and after the thirtieth day of June next, shall be and remain
.
55
THE BIOGRAPHICAL ANNALS OF OHIO.
Supplementary Act Creating the State of Ohio.
exempt from any tax laid by order or under authority of the state, whether for state, county, township or any other purpose whatever, for the term of five years from and after the day of sale.
APPROVED APRIL 30, 1802.
(U. S. Statutes at Large, Vol. 2, P. 173.)
SUPPLEMENTARY ACT OF MARCH 3, 1803.
AN ACT IN ADDITION TO, AND IN MODIFICATION OF, THE PROPOSITIONS CONTAINED IN THE ACT ENTITLED "AN ACT TO ENABLE TIIE PEOPLE OF THE EASTERN DIVISION OF THE TERRITORY NORTHWEST OF THE RIVER OHIO, TO FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMISSION OF SUCH STATE INTO THE UNION, ON AN EQUAL FOOTING WITH THE ORIGINAL STATES, AND FOR OTHER PUR- POSES.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following several tracts of land in the state of Ohio, be, and the same are hereby appropriated for the use of schools in that state, and shall, together with all the tracts of land heretofore appropriated for that purpose, be vested in the legislature of that state, in trust for the use aforesaid, and for no other use, intent or purpose whatever, that is to say :
First .- The following quarter townships in that tract commonly called the "United States military tract," for the use of schools within the same, viz : the first quarter of the third township in the first range the first quarter of the first township in the fourth range, the fourth quarter of the first township and the third quarter of the fifth township in the fifth range, the second quarter of the third township in the sixth range, the fourth quarter of the second township in the seventh range, the third quarter of the third township in the eighth range, the first quarter of the first township and the first ~ arter of the third township in the ninth range, the third quarter of the first township in the tenth range, the first and fourth quarters of the third township in the eleventh range, the fourth quarter of the fourth township in the twelfth range. the second and third quarters of the fourth township in the fifteenth range, the third quarter of the seventh township in the sixteenth range. and the first quarter of the sixth township and third quarter of the sev- enth township in the eighteenth range, being the one thirrty-sixth part of the estimated whole amount of lands within that tract.
Secondly .-. The following quarter townships in the same tract for the use of schools in that tract commonly called the Connecticut reserve,
56
THE BIOGRAPHICAL ANNALS OF OHIO.
Supplementary Act Creating the State of Ohio.
viz : the third quarter of the ninth township and the fourth quarter of the tenth township in the first range, the first and second quarters of the ninth township in the second range, the second and third quarters of the ninth township in the third range, the first quarter of the ninth township and the fourth quarter of the tenth township in the fourth range, the first quarter of the ninth township in the fifth range, the first and fourth quarters of the ninth township in the sixth range, the first and third quarters of the ninth township in the seventh range, and the fourth quarter of the ninth township in the eighth range.
Thirdly .- So much of that tract, commonly called the "Virgin- ia military reservation," as will amount to one thirty-sixth part of the whole tract, for the use of schools within the same, and to be selected by the legislature of the state of Ohio, out of the unlocated lands in that tract after the warrants issued from the state of Virginia shall have been satisfied ; it being however understood, that the donation is not to exceed the whole amount of the above-mentioned residue of such unlo- cated lands, even if it shall fall short of one thirty-sixth part of the said tract.
Fourthly .- One thirty-sixth part of all the lands of the. United States lying in the state of Ohio, to which the Indian title has not been extinguished, which may hereafter be purchased of the Indian tribes by the United States, which thirty-sixth part shall consist of the section No. sixteen, in each township, if the said lands shall be surveyed in townships of six miles square, and shall, if the lands be surveyed in a different manner, be designated by lot.
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