USA > Ohio > The biographical annals of Ohio, 1904-1905. A handbook of the government and institutions of the state of Ohio Vol. 2, Pt. 1 > Part 14
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7. An act to empower the trustees named in the last will and testa- ment of Doctor William Burnet, the elder, to dispose of certain lands. (PRIVATE-The act is not published in full.)
8. An act to amend the act entitled, "An act to encourage the killing of wolves." December 2, 1800.
9. An act authorizing the judges of the General Court to appoint commissioners to take special bail, and to administer oaths. December 3, 1800.
IO. An act to amend the act entitled "An act allowing and regu- lating prison bounds." December 6, 1800.
II. An act to provide for the recording of town plats. December 6, 1800.
I2. An act confirming and establishing the town of Athens in the County of Washington. December 6, 1800.
13. An act to provide for the maintenance and support of illegiti- mate children. December 6, 1800.
14. An 'act to establish and regulate taverns and public houses of entertainment. December 6, 1800.
15. An act to amend the act entitled "An act regulating the admis- sion and practice of attorneys and councillors at law." December 8, 1800.
16. An act to ascertain and defray the traveling expenses of the judges of the General Court, and to dispose of the fees heretofore allowed them by law. December 8. 1800.
17. An act for the relief of Lucy Petit. (PRIVATE-Not printed.)
18. An act providing for the trial of homicide committed on In- dians. (To the more effectually insure justice to the Indian tribes.) De- cember 8, 1800.
19. An act to prevent the abatement of suits in event of the death of a party thereto. December 8, 1800.
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155
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Session of the First Territorial Legislature.
20. An act supplementary to the act establishing and regulating the militia. December 8, 1800.
21. An act supplementary to the act entitled "An act to regulate the county levies." December 8, 1800.
22. An act supplementary to the act entitled "An act levying a . territorial tax on land," and providing for a territorial tax for the year 1801. December 9, 1800.
23. An act to amend the act entitled "An act to ascertain the number of free male inhabitants of the age of twenty-one, and to regulate the election of representatives for the same." December 9, 1800.
24. An act regulating circuit courts and allowing appeals from the, courts of common pleas in certain cases. December y, 1600.
25. An act supplementary to the act entitled, "An act establishing courts for the trial of small cases." December 9, 1800.
26. An act appropriating monies, etc. December 9, 1800.
The appropriation bill (No. 26) contains the following interesting items connected with the enforced removal of the seat of government from Cincinnati to Chillicothe :.
To Brazil Abrams for rent of a house, occupied by the general assembly dur- ing their present session, ninety dollars.
To Thomas Worthington (afterwards United States senator and governor) for repairing the house, providing chairs, etc., for the use of the general assembly at their present session, thirty-four dollars and twenty-seven cents.
To John Armstrong, esquire, territorial treasurer, for transporting the books and papers belonging to his office from Cincinnati to Chillicothe, forty dollars.
To Thomas Gibson, esquire, auditor of public accounts, for transporting from Cincinnati to Chillicothe the books and papers belonging to his office, sixty dollars.
To William McMillan and James Findlay, esquires; for their services and ex- penses in providing a house for the reception of the legislature at the present session, each forty-three dollars.
To William C. Schenck, for transporting the papers belonging to the legisla- , tive council from Cincinnati to Chillicothe and for traveling expenses, forty dollars.
To John Reily, for transporting the papers belonging to the House of Repre- sentatives from Cincinnati to Chillicothe and for traveling expenses, forty dollars.
The above recited acts were signed by Edward Tiffin, Speaker of the House of Representatives ; Robert Oliver, President of the Council; and approved by Ar. St. Clair, Governor, on the date named.
Winship & Willis, Chillicothe, printers.
1
Authenticity vouched for by Zenas Kimberly, Committee, February 4, 1801.
156
THE BIOGRAPHICAL ANNALS OF OHIO.
THE FIRST SESSION OF THE SECOND TERRITORIAL GENERAL ASSEMBLY.
(Convened at Chillicothe on Monday, the twenty-third day of November, 1801, being the day appointed by proclamation of Governor St. Clair.)
MEMBERSHIP.
THE LEGISLATIVE COUNCIL (SENATE). 1
R
OBERT OLIVER, who appeared on the twenty-third, and on the twenty-fourth, to find no other member in attendance.
David Vance, who appeared on the twenty-fifth, with his col- league, Mr. Jacob Burnet.
Solomon Sibley, from Detroit, in the County of Wayne (now Michigan), presented his commission to succeed Mr. Vanderburgh (see notes of previous year) and was sworn and seated.
THE HOUSE OF REPRESENTATIVES.
Chobert, Francoise Joncaire, of Wayne County (now Detroit, Michigan).
Cutler, Ephraim, of Washington County.
Darlington, Joseph, of Adams County.
Dunlavy, Francis, of Hamilton County.
Kimberly, Zenas, of Jefferson County.
Langham, Elias, of Ross County (Seated November 26).
Ludlow, John, of Hamilton County.
Massie, Nathaniel, of Adams County.
McCune, Thomas of Jefferson County.
McDougal, George, of Wayne County (Detroit).
Miller, Moses, of Hamilton County. Milligan, John, of Jefferson County.
Morrow, Jeremiah, of Hamilton County.
:
Paine, Edward, of Trumbull County.
Putnam, William Rufus, of Washington County.
Reeder, Daniel, of Hamilton County. Schiefflein, Jonathan, of Wayne County (Detroit).
Smith, John, of Hamilton County. . (Seated December I.) Tiffin, Edward, of Ross County. White, Jacob, of Hamilton County. Worthington, Thomas, of Ross County.
157
THE BIOGRAPHICAL ANNALS OF OHIO.
The First Session of the Second Territorial General Assembly.
The House organized on the twenty-fourth of November by the election of the following officers : Edward Tiffin, Speaker; John Reilly, Clerk.
The seats of Messrs. Scheifflin and McDougall, of Wayne County, were contested, but they were declared to be entitled to their seats.
The finances of the Territory were in such condition that the gov- ernor, who had been reappointed during the adjournment of the assembly, in his address at a joint session of the two houses called to be held in "Mr. Gregg's Hall" for the purpose said: "The Territory is in debt in the sum of $5,419 beyond the whole revenue for the present year. A new emission of bills (of credit) must be made, even to meet the expenses of the present session. A wretched expedient, it is true, because the bills suffer a depreciation in the hands they pass through, and the public pays the full interest."
During this session of the General Assembly, a bill was passed trans- ferring the seat of government to Cincinnati, from which city it had been removed by a provision in the territorial act of 1800, and as an expres- sion of feeling on the part of the local inhabitants, a number of the mem- bers of the legislature, and also the governor, were set upon in Chillicothe on the twenty-fifth and twenty-sixth of December. The matter was made a subject for official investigation. 1
At 12 o'clock noon, on January twenty-third, the Council attended the chamber of the House of Representatives in a body, where the joint assembly was addressed by Governor St. Clair, and adjourned by him to meet in second session in Cincinnati on the fourth Monday of the fol- lowing November (1802). It should be noted here that this proposed second session of the second and last territorial legislature was never held. The reason is given in the following interesting extract from the memoirs of a member of the Council speaking of the first constitutional convention :
"As the territorial legislature was in existence, and stood adjourned, to meet at Cincinnati on the fourth Monday in November, three weeks after the opening of the convention, a resolution was passed, directing their president to request the governor to dissolve or prorogue that body. Such a precaution was altogether unnecessary, as no disposition existed among the members, either to embarrass, or in any way interfere with the movements of the convention. That such a disposition did not exist was verified by the fact that the day for the meeting of the legislature came and passed ; the members remaining at home as by common consent. No attempt was made by the governor, or by any of the members, to convene that body, till its existence was terminated, and it was succeeded by the General Assembly, under the State Constitution." (Notes on the North- western Territory, 1847, by Judge Jacob Burnett, a member of the Terri- torial Council.)
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158
THE BIOGRAPHICAL ANNALS OF OHIO.
The First Session of the Second Territorial General Assembly.
ACTS OF THE FIRST SESSION OF THE SECOND TERRITORIAL LEGISLATURE.,
(1801-2.) -
.
I. An act allowing and regulating writs of attachment. January 18, 1802.
2. An act regulating executions. January 19, 1802.
3. An act regulating the fees of civil officers and for other purposes. January 23, 1802.
4. An act levying a tax on land for the year 1802 and for other purposes. January 23, 1802.
5. An act requiring public officers to give bond in certain cases. January 19, 1802.
6. An act providing for the execution of real contracts in certain cases. January 4, 1802.
7. An act for the partition of real estate. December 23, 1801.
8. An act providing for the inspection of certain articles of expor- tation therein enumerated. January 9, 1802.
9. An act to encourage the killing of wolves and panthers. January 9, 1802.
IO. An act for the assignment of bail bonds. January 22, 1802.
II. An act to remove the seat of government and fix the same at Cincinnati, in the County of Hamilton. January 1, 1802.
12. An act to amend the act entitled "An act establishing and regu- lating the militia." January 22, 1802.
13. An act to ascertain the boundaries of certain counties. January 23, 1802.
14. An act for the distribution of insolvent estates. January 13, 1802.
15. An act to amend the act entitled "An act for opening and regu- lating public roads and highways.". Janaury 20, 1802.
16. An act providing for the appointment of guardians to lunatics and others. January 4, 1802.
17. An act concerning testimony. January 13, 1802.
18. An act declaring the assent of the Territory to an alteration in the ordinance for the government thereof. December 21, 1802. (There was a vigorous protest against the passage of this act, from its opponents in the assembly).
19. An act providing for the acknowledgment and recording of deeds in certain cases. January 20, 1802.
20. An act providing for the encouragement of the breed of horses. January 20, 1802.
21. An act to establish and regulate township meetings. January 18, 1802.
.
159
THE BIOGRAPHICAL ANNALS OF OHIO.
The First Session of the Second Territorial General Assembly.
22. An.act'altering the times of holding certain courts in the County of Ross. January 9, 1802.
23. An act appropriating one thousand dollars of the tax levied in Trumbull County to open a road to the south. January 13, 1802.
24. An act providing for the recovery of money secured by mort- gage. January 20, 1802.
25. An act allowing compensation to the assembly and to the treas urer and auditor of the territory. January 1, 1802.
26. An act establishing the "American Western University" at Athens (now the Ohio University). January 9, 1802.
27. An act to postpone the sale of land for taxes in the counties of Trumbull, Jefferson and Waver December 12. 6 ...
28. An act authorizing the town of Marietta to preserve the banks of the rivers in said town. December 23, 1801.
29. An act repealing that part of a former act which allowed the judges of the General Court two dollars per day. January 20, 1802.
30. An act appointing trustees for the town of Manchester, Adams County. January 1, 1802.
31. An act fixing the compensation for attorneys commissioned to practice in the Counties of Washington and Trumbull. January 20, 1802.
32. An act defining and regulating the duties of the Secretary of the territory. January 1, 1802.
33. An act to incorporate the town of Chillicothe. January 4, 1802.
34. An act to incorporate the town of Cincinnati. January 1, 1802.
35 .. An act to incorporate the town of Detroit. January 18, 1802.
36. . An act authorizing Zacheus Biggs and Zacheus A. Beatty to erect a bridge over Will's creek. (On the road leading from Chillicothe to Wheeling in Washington County.) January 9, 1802.
37. An act authorizing Jonathan Zane and others to erect a toll bridge over the Muskingum river (near the mouth of Licking creek). January 23, 1802.
38. An act for the relief of Sally Mills. (Divorce.) December 19, 1802.
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39. An act for the relief of Jean Wilson. (Divorce.) . January 9, 1802.
. 40. An act making appropriations. January 23, 1802. .
The salaries of the governor and territorial judges were paid by the general government until the adoption of the Constitution of Ohio, but the other expenses of the local government were paid by the Territory. This bill appropriates the wum of twelve thousand dollars for what is called a contingent fund, and then provides for its disbursement in detail. Some of the items are interesting as con- trying information as to the nature and amount of the territorial expenses a bundred years ago.
The governor is allowed fifty dollars for postage "upon letters of a public nature."
160
THE BIOGRAPHICAL ANNALS OF OHIO.
The First Session of the Second Territorial General Assembly.
The treasurer is allowed ten dollars for stationery for his office and fifty dollars for the purchase of "an iron chest for the territory."
The private secretary to the governor is allowed three dollars per day for time actually employed, but is not allowed more than thirty days' pay in the year. The legislature is allowed a total sum of eight thousand five hundred dollars. From the general fund, the following allowances were ordered:
To Arthur St. Clair, Jr., attorney-general, a salary of $400.
To the auditor of public accounts, a salary of $750.
To the auditor of public accounts, postage for two years, $75,41.
To auditor of public accounts, extra clerk hire, $95.
To the territorial treasurer, a salary of $400.
To Daniel McAllister, fire-wood, $26.
To William Rutledge, repairs two houses, $4.
To Jome; Phillips, three dozen chairs for the legislature, $72.
For repairs to court house for reception of legislature, etc., $16.10.
RESOLUTIONS.
I. Requesting the governor to appoint a day of Thanksgiving. De- cember 5, 1801.
2. Appointing two trustees to fill certain vacancies. December 5.
3. Directing the auditor to sell the furniture provided for the present and last session of the legislature. January 23, 1802.
4. Extending the election laws to Clermont, Fairfield and Belmont Counties and to such counties. as may hereafter be laid out. January 23, 1802.
5. Directing the disposition of reports on the Cincinnati and Marietta public road. January 23, 1802.
6. Directing certain laws to be reprinted in the appendix to the volume of laws for this session.
The above acts and resolutions were attested by Edward Tiffin, Speaker of the House of Representatives ; Robert Oliver, President of the Council; and were approved on the dates above given by Arthur St. Clair, Governor of the Northwest Territory.
The volume from which the above abstract was made was printed by N. Willis, Chillicothe, 1802, and is in possession of the Supreme oCurt Library, Co- lumbus.
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161
THE BIOGRAPHICAL ANNALS OF OIIIO. .
THE QUESTION OF THE BOUNDARY OF THE STATE.
T HE question of boundary, though not expressly referred to the con- vention (The Constitutional Convention of 1802) was one of greater importance than would appear at first view. It is gener- ally known to those who have consulted the maps of the western country extant at the time the Ordinance of 1887 was passed, that Lake Michigan was represented as being very far north of the position which it has since been ascertained to occupy. On a map in the Department of State (at Washington) which was before the committee of Congress who formed the ordinance for the government of the Territory, the southern boundary of that lake was laid down as being near the forty-second degree of north latitude, and there was a pencil line passing through the southern bend of the lake, to the Canada line, which intersected the strait between the River Raisin and the town of Detroit. The line was manifestly intended by the committee, and by Congress, to be the northern boundary of this state; and that map, and the line marked on it, should have been taken as conclusive evidence of the boundary, without reference to the actual position of the southern extreme of the lake.
When the Convention was in session in 1802, it was the prevailing opinion that the old maps were correct; and that the line, as defined in the ordinance, would terminate at some point on the strait far above the Maumee Bay; but, while that subject was under discussion, a man who had hunted many years on Lake Michigan and was well acquainted withf its position, happened to be in Chillicothe, and in conversation with some of the members, mentioned to them that the lake extended much farther south than was geenerally supposed; and that a map he had seen placed its southern bend many miles north of its true position. His statement produced some apprehension and excitement on the subject, and induced the convention to change the line prescribed in the act of Congress, so far as to provide that if it should be found to strike Lake Erie below the Maumee River, as the hunter informed them it would, then the boundary of the state should be a line drawn from the point where the prescribed line interesected the west boundary of the state, direct to the most northern cape of the Maumee Bay. That provision saved to the State of Ohio the valuable ports and harbors on the Maumee River and bay, which were the prie contended for in the "Michigan war of Governor Lucas." "Yet some of the members (of the Convention) hesitated in making the provision, lest it might cause delay ; but fortunately it was adopted and its object is now secure." (Burnett's "Notes on the Northwestern Territory," 1847, p. 360.) . (See also the language of the Acts of Congress, 1800, 1802-1812, quoted in Part I of this publication .- EDITOR.
11-B. A.
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162
THE BIOGRAPHICAL ANNALS OF OHIO.
·
THE GENERAL ASSEMBLY OF THE STATE OF OHIO. (1803-1902.)
T HE third legislative body to come into power in the territory com- prised in the present state was the General Assembly of the State of Ohio, which, following the adoption of the State. Con- stitution and the admission of the state into the Union of States, was organized for its first session, on the first day of March, 1803.
The legislative body thus inaugurated has been an enormous factor for good in the onward and forward progress of Ohio during the past hundred years. No group of men have served the state with so little personal gali as have her legislators. No body of public men has done so much to encourage morality, industry and aptriotism. The wonder of it is-not that legislators have occasionally made personal mistakes-but that in no matter what strait or dilemma, Ohio has always had in her service, practically without compensation, so many men who were not only patriots, but men who exhibited the wisdom and had the courage to handle the affairs of state with honor to themselves, to their constituents , and the name of an Ohioan. When the enormous power of a General Assembly is fairly understood, the more honor is found to be due those men who, since the first settler landed on the western bank of the Ohio, in 1788, have never used that power as a body, except to advance the state in dignity`and in prosperity, and in evidences of fealty in every hour of danger to the general government. More or less acquaintance with mem- bers of recent assemblies, and a quite studious attention to the records of the past century in Ohio, gives point to these observations.
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A TABLE SHOWING THE MEMBERSHIP OF THE OHIO SENATE FROM 1803 TO 1902 INCLUSIVE.
Districts Represented.
The First General Assembly.
The Second General Assembly
The Third General Assembly.
The Fourth Genera Assembly.
The Fifth General Assembly. ·
Convened March 1, 1803.
Convened December 5, 1803.
, Convened Deceniber 3, 1804.
Convened December 2, 1805.
Convened December 1, 1806.
Adams ... Belmont ..
John Beasly .. William Vance ..
Thos. Kirker .. ..
Thos. Kirker. ..
Thos. Kitxer ...
Thos. Kirker. Jos. Sharp.
Butler .... Clermont .. Columbiana.
William Buchannon .. ..
James Sargent ...
James Sargent. ..
(With Jefferson).
(With Jeferson).
Fairfield ...
Robert F. Slaughter ..
Robert F. Slaughter.
Robert F. Slaughter .... .
Jacob Bi ton ...
Franklin ...
Gallia. . ..
Hamilton. . .
Daniel S. Symmes. Jeremiah Morrow ..
Daniel Symmes
Daniel Symmes ...
Stephen W'ood ..
Wm. McFarland. Stephen Wood.
Hami ton ...
John Pau !...
Wil.iam Ward ...
Hami ton ..
Francis Dunlavy ... Bazaleel Wel s. . ..
Bazalee' Wells .. ...
James Pritchard ..
James P ichard.
Jefferson .
Zenas Kimberly. . . .
John Milligan .. ..
John Mi ligan ..
Benjami 1 Hough.
Ross. . . Ross ..
Abraham Claypool. Samuel Huntington ..
Benjamin Tappan ...
George '.cd ..
Warren ..
John Bigger.
Jacob Sinth ..
Richard S. Thomas.
Washington
Joseph Buell.
Joseph Buell. Elijah Backus.
Joseph Buell ..
Joseph i i ell. .
Leonard Jewitt.
Washington.
No. of Senators in each General Assembly ...
14
15
12
15
16
.
James P.chard ..
Speaker. Clerk ..
Thomas Kirker. Thomas Scott .. .. Edward Sherlock.
Doorkeeper.
Nathaniel Massie .. Wm. C. Schenck (act.) .. Edward Sherlock.
Nathaniel Massie .. .. Thomas Scott. Edward Sherlock. .
Edward Sherlock ..
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Membership of the Ohio Senate from 1803 to 1902.
THE BIOGRAPHICAL ANNALS OF OHIO.
163
-
(With Ross).
(With Washington)
(With Washington)
(With Washington).
Hami ton ..
John Bigger.
Cornelius Sneider ..
Corneliu : Sneider.
Jefferson .
Nathaniel Massie ...
Nathaniel Massie ..
Joseph Kerr ..
Joseph Herr ...
Abraham Claypool.
Duncan M Arthur
John Taggart. Benjamin Hough. Abraham Claypool. Duncan McArthur. Ca vin Cone. Jacob Smithi.
Abraham Claypool.
. George Tod ..
Trumbull.
Warren.
John Bir ger ..
Ha lem . I empstead.
Ha lem Hempstead.
W. C. Schenck ..
William Vance.
Jos. Shar,
William Vance ..
(With Warren) .
(W.th Warren). · James S. , gent ..
(With Warren). James Sargent. (With Jefferson). E nathan Scofield.
(With Ross) .. · (With Rx 3).
Thomas s ott .. James Pritchard ... Thomas Scott. . .... Edward Sherlock ..
٢
MEMBERSHIP OF THE OHIO SENATE FROM 1803 TO 1902 INCLUSIVE .- Continued.
Districts Represented.
The Sixth General Assembly.
The Seventh General Assembly.
The Eighth General Assembly.
Tho Ninth General Assembly.
The Tenth General Assembly.
Convened December 7, 1807.
Convened December 5 1808.
Convened December 4, 1809.
Cor- ened December 3, 1810.
Convened December 2, 1811
Thos. Kirker ..
Thos. Kirker.
Thos. Kirker ..
Thos. Kirker.
Adams. . . Belmont .. . ..
Josiah Dillon ..
Josiah Di lon ..
James Ca dwell ..
James Caldwell.
(With Warren) .
Thomas Irwin . ..
Thomas Irwin . ...
Thomas Irwin.
But.er ... Champaign.
(With Warren) .
Hiram M. Curry ...
Hiram M. Curry ...
Alexander leBeth
Clermont ..
David C. Bryan.
David C. Bryan. ..
David C. Bryan.
Wil iam Fcc .. .
Columbiana.
(With Jefferson) .
Lewis Kenny, Jr .. .
Lewis Keeny, Jr ..
Lewis Ken: y. Jr.
Lewis Kenny, Jr. (With Geauga).
Cuyahoga.
Elnathan Scofield .. . .
Einathan Scofield.
Elnathan Scofield.
Robert F. : laughter.
Fairfield.
Stephen Wood.
Jacob Burton ..
Jacob Burton.
Wil iam T i nble.
William Trimb.e.
Fairfield ..
(With Ross).
Joseph Foos ....
Joseph Foos .. .
Joseph Fo. ....
Joseph Foos.
Franklin ..
(With Washington) .
J. P. R. Bureau ..
J. P. R. Bureau ..
J. P. R. Brreau. .
J. P. R. Bureau.
Ga lia .. . .
David Abbott.
David Abbott ...
David Ablo .t.
David Abbott.
.
Geauga ... Greene. .
Stephen Wood.
Stephen Wood ..
Hezekiah Price.
Aaron Gofor'.h ...
Samuel Evans.
Jefferson .
John McLaugh'in.
John MeLaugh in.
John Mclaughlin ...
Jefferson . .
John McConnell.
Thomas Elliott. ..
Thomas Elliott ...
Thomas E iott ..
Daniel Welch.
Montgoniery .. Muskingum ..
Robert MrConnell ..
Robert M :Connell.
Robert McConnell.
Robert McConnell.
Ross ..
Abraham Claypool Duncan MeArthur
Henry Massie ..
Duncan McArthur.
Duncan McArthur.
.Ca vin Cone .. .
George Tod.
George Tod.
.
Warren ..
John Bigger ...
John Bigger. .
Jolin Bigger ..
John Bigger ..
John Bigger.
Warren .. .
Richard S. Thomas ..
John Sharp.
John Sharp.
Leonard Jewitt
Leonard Jewitt.
Washington.
Leonard Jewitt ...
Number of Senators in each General Assembly ...
16
24
-24
:3
22
Speaker ... Clerk.
Thomas Scott.
Thomas Scott.
Doorkeeper.
Edward Sherlock.
Edward Sherlock
Duncan MeArthur .. Isaiah Morris. . Edward Sherlock
Thomas Kirker ... Carlos A. Norton.
Thomas Kirker. Carlos A. Norton. Edward Sherlock. .
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