USA > Ohio > The biographical annals of Ohio, 1906-1907-1908. A handbook of the government and institutions of the state of Ohio. > Part 2
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THE BIOGRAPHICAL ANNALS OF OHIO.
Act of Confederation.
or being present shall refuse to strike, the congress shall proceed to nomi- nate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment 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 sub- mit 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 administered 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 determine 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 expenses 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 said land and naval forces, and directing their operations.
The united states in congress assembled shall have authority to ap- point a committee, to sit in the recess of congress, to be denominated "A
2-B. A.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Act of Confederation.
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 appropriate and apply the same for defraying the public expenses-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 bor- rowed or emitted,-to build and equip a navy-to agree upon the number 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 expense 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 legislature 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 expenses 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 point, except for adjourning from day to day, be determined unless by the votes of a majority of the united states in congress assembled.
The congress of the united states shall have power to adjourn to any
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THE BIOGRAPHICAL ANNALS OF OHIO.
Act of Confederation.
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 transcript 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 exer- cise 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 confederation 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 confed- eration 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 and things therein contained: And we do futher solemnly plight and engage
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THE BIOGRAPHICAL ANNALS OF OHIO.
Signers of the Act of Confederation.
the faith of our respective constituents, that they shall abide by the deter- mination of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we respectively repre- sent 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,
Samuel Holten.
Elbridge Gerry,
ON THE PART AND IN BEHALF OF THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
William Ellery, Henry Merchant,
John Collins.
ON THE PART AND IN 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,
Fras Lewis, Gouvr. Morris.
ON THE PART AND IN BEHALF OF THE STATE OF NEW JERSEY.
Jno. Witherspoon, Nathl. Scudder, November 26, 1778.
ON THE PART AND BEHALF OF THE STATE OF PENNSYLVANIA.
Robert Morris, Daniel Roberdeau, Jona Bayard Smith,
William Clingan,
Joseph Reed,
July 22, 1778.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Signers of the Act of Confederation.
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,
ON THE PART AND IN BEHALF OF THE STATE OF MARYLAND.
John Hanson, March 1, 1781, Daniel Carrol, March 1, 1781.
ON THE PART AND IN BEHALF OF THE STATE OF VIRGINIA.
Richard Henry Lee, John Harvie, Francis Lightfoot Lee.
John 'Bannister,
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, Thos. Heyward, Jun.
John Mathews,
ON THE PART AND IN 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 pre- ceding 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 con-
venient 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 Dela- ware, May 5, 1779; and by Maryland, March 1, 1781.
Congress assembled under the Act of Confederation, March 2, 1781, the day fol- lowing the ratification of the act by Maryland.
RUTHERFORD BIRCHARD HAYES.
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RUTHERFORD BIRCHARD HAYES.
R UTHERFORD BIRCHARD HAYES, nineteenth president of the United States, was born at Delaware, Ohio, October 4, 1822; graduated at Kenyon College, Ohio, in 1842, and at Harvard Law School in 1845; began the practice of law at Fremont, Ohio; removed to Cincinnati in 1849; was city solicitor from 1858 to 1861; was appointed, June 27, 1861, major Twenty-third Ohio Volun- teers, of which W. S. Rosecrans was the first colonel and Stanley Matthews (afterwards justice U. S. Supreme Court) lieutenant-colonel. He was promoted lieutenant-colonel October 24, 1861, from which date he commanded the Twenty- third until December, 1862. In the brilliant action of South Mountain (1862) he received a severe wound in the left arm which compelled him to leave the field. After the battle of Antietam the regiment was returned to West Virginia, where, November 30, 1862, he rejoined it as colonel, having been promoted October 24. He was commissioned brigadier-general of volunteers, to date from battle of Cedar Creek, at the close of which he received news of his election to Congress from the second district of Ohio; was made brevet major-general for gallant services, and resigned from the army June 1, 1865. In December he took his seat in Congress; was re-elected in 1866, but left his seat in 1867, having been nominated for governor of Ohio, to which office he was elected in October and re-elected in 1869. In 1872 he suffered his first defeat for Congress. In 1875 he reluctantly consented to allow his name to be used once more as a candidate for governor, and was elected for a third time, an honor never before conferred upon a citizen of Ohio. On June 16, 1876, he was nominated at Cincinnati for President of the United States, on the Republican ticket, on the seventh ballot, receiving 384 votes, to 351 for J. G. Blaine, and 21 for B. H. Bristow. The ensuing canvass, which was bitter and exciting, was closed by a disputed elec- tion, the electoral votes of Florida, South Carolina, and Louisiana, and one of those of Oregon being claimed by both parties. The Presidential Electoral Com- mission announced, March 2, 1877, that he had been duly elected president of the United States. The inauguration ceremonies took place on March 5. During the four years of his office the affairs of the government were conducted in a manner that will command the favorable judgment of history. Died at Fremont, Ohio, January 17, 1893.
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE ORDINANCE OF 1787.
AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTH WEST OF THE OHIO RIVER.
[Adopted by the Confederate Congress July 13th, 1787. The Constitution of the United States was adopted by the Congress the 28th of September following. The text from which this was printed was found in a volume of territorial 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 intes- tate, shall descend to, and be distributed among their children, 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 parents 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 per- sonal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter 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 con- veyed by lease and release or bargain and sale signed, sealed and de- livered 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 regis- ters shall be appointed for that purpose ; and personal property may be transferred by delivery, saving, however, to the French and. Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.
Be it ordained by the authority aforesaid, that there shall be ap-
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THE BIOGRAPHICAL ANNALS OF OHIO.
Ordinance of 1787.
pointed from time to time, by Congress, a governor, whose commission shall 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 secre- tary, 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 legislature, and the public records of the district, and the proceed- ings of the governor in his executive department ; and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress. 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 jurisdiction, and reside in the district, and have each therein a free- hold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good be- havior.
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 legisla- ture 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 com- missioned 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 or- ganized, 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 continuance 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, how- ever, to such alterations as may thereafter be made by the legislature.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Ordinance of 1787.
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 receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assem- bly: Provided, 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 number of representatives shall amount to twenty-five, after which the number and proportion of representatives shall be regulated by the legis- lature ; Provided, That no person be eligible or qualified to act as a repre- sentative 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 re- "sided 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: -Provided also, that a freehold in fifty acres of land in the district, hav- ing 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 governor, legislative council, and a house of representatives. The legis- lative 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 to- gether, 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 return their names to Congress; five of whom Congress shall ap- point and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom Con- gress 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 members 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 mem- bers 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
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THE BIOGRAPHICAL ANNALS OF OHIO.
Ordinance of 1787.
to the principles and articles in this ordinance established and declared. And all bills having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bills or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue and dissolve the general assembly, when in his opinion, it shall be expedient.
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