Ohio History Journal

OHIO

Archaeological and Historical

PUBLICATIONS.

 

FROM CHARTER TO CONSTITUTION:

 

BEING A COLLECTION OF PUBLIC DOCUMENTS PERTAINING TO THE TER-

RITORY OF THE NORTHWEST AND THE STATE OF OHIO, FROM THE

CHARTERS OF JAMES I, TO AND INCLUDING THE FIRST CONSTITUTION

OF OHIO, AND THE STATE PAPERS RELATING TO ITS ADMISSION TO THE

UNION, SHOWING THEREBY THE HISTORICAL CHAIN OF TITLE OF SAID

STATE FROM 1606 TO 1803.

 

BY DANIEL J. RYAN.

THE FIRST CHARTER OF VIRGINIA.

 

TO SIR THOMAS GATES, SIR GEORGE SOMERS AND OTHERS,

FOR TWO SEVERAL COLONIES AND PLANTATIONS, TO BE

MADE IN VIRGINIA, AND OTHER PARTS AND TERRITORIES

OF AMERICA.

(DATED APRIL 10, ]606. 4 JAMES 1ST.)

1. James, by the grace of God, King of England, Scotland,

France, and Ireland, Defender of the Faith, etc. Whereas, our

loving and well-disposed subjects, Sir Thomas Gates, and Sir

George Somers, Knights, Richard Hackluit, Clerk, Prebendary

of Westminster, and Edward-Maria Wingfield, Thomas Hanham,

and Ralegh Gilbert, Esqrs., William Parker, and George Popham,

gentlemen, and divers others of our loving subjects, have been

humble suitors unto us, that we would vouchsafe unto them our

license, to make habitation, plantation, and to deduce a colony

of sundry of our people into that part of America, commonly

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called Virginia, and other parts and territories in America, either

appertaining unto us, or which are not now actually possessed

by any christian prince or people, situate, lying and being all

along the sea coasts, between four and thirty degrees of Northerly

latitude from the Equinoctial line, and five and forty degrees of

the same latitude, and in the main land between the same four

and thirty and five and forty degrees, and the islands thereunto

adjacent, or within one hundred miles of the coasts thereof.

2. And to that end, and for the more speedy accomplishment

of their said intended plantation and habitation there, are desir-

ous to divide themselves into two several colonies and companies;

the one consisting of certain knights, gentlemen, merchants, and

other adventurers, of our city of London and elsewhere, which

are and from time to time shall be, joined unto them, which do

desire to begin their plantation and habitation in some fit and

convenient place, between four and thirty and one and forty

degrees of the said latitude, alongst the coasts of Virginia and

coast of America aforesaid; and the other consisting of sundry

knights, gentlemen, merchants, and other adventurers, of our

cities of Bristol and Exeter, and of our town of Plimouth, and

of other places, which do join themselves unto the colony, which

do desire to begin their plantation and habitation in some fit and

convenient place, between eight and thirty degrees and five and

forty degrees of the said latitude, all alongst the said coasts of

Virginia and America, as that coast lyeth.

3. We, greatly commending, and graciously accepting of,

their desires for the furtherance of so noble a work, which may, by

the providence of Almighty God, hereafter tend to the glory of his

divine Majesty, in propagating of Christian religion to such

people, as yet live in darkness and miserable ignorance of the

true knowledge and worship of God, and may in time bring the

infidels and savages, living in those parts, to human civility, and

to a settled and quiet government; Do by these our letters pat-

ents, graciously accept of, and agree to, their humble and well

intended desires;

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4. And do therefore, for us, our heirs, and successors, grant

and agree, that the said Sir Thomas Gates, Sir George Somers,

Richard Hackluit, and Edward-Maria Wingfield, adventurers

of and for our city of London, and all such others, as are, or

shall be joined unto them of that colony, shall be called the first

colony; and they shall and may begin their said first plantation

and habitation, at any place upon the said coast of Virginia or

America, where they shall think fit and convenient, between the

said four and thirty and one and forty degrees of the said latitude;

and that they shall have all the lands, woods, soil, grounds,

havens, ports, rivers, mines, minerals, marshes, waters, fishings,

commodities, and hereditaments, whatsoever, from the said first

seat of their plantation and habitation by the space of fifty miles

of English statute measure, all along the said coast of Virginia

and America, towards the west and south-west, as the coast

lyeth, with all the islands within one hundred miles directly over

against the same sea coast; and also all the lands, soil, grounds,

havens, ports, rivers, mines, minerals, woods, waters, marshes,

fishings, commodities, and hereditaments, whatsoever, from the

said place of their first plantation and habitation for the space

of fifty like English miles, all alongst the said coast of Virginia

and America, towards the east and north-east, or towards the

north, as the coast lyeth, together with all the islands within one

hundred miles, directly over against the said sea coast; and also

all the lands, woods, soil, grounds, havens, ports, rivers, mines,

minerals, marshes, waters, fishings, commodities, and heredita-

ments, whatsoever, from the same fifty miles every way on the

sea coast, directly into the main land by the space of one hundred

like English miles; and shall and may inhabit and remain there;

and shall and may also build and fortify within any the same,

for their better safeguard and defence, according to their best

discretion, and the discretion of the council of that colony; and

that no other of our subjects shall be permitted, or suffered to plant

or inhabit behind, or on the backside of them, towards the main

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land, without the express license or consent of the council of

that colony, thereunto in writing first had and obtained.

5. And we do likewise, for us, our heirs, and successors,

by these presents, grant and agree, that the said Thomas Han-

ham, and Ralegh Gilbert, William Parker, and George Popham,

and all others of the town of Plimouth in the county of Devon,

or elsewhere, which are, or shall be, joined unto them of that

colony, shall be called the second colony; and that they shall and

may begin their said Plantation and seat of their first abode and

habitation, at any place upon the said coast of Virginia and

America, where they shall think fit and convenient, between

eight and thirty degrees of the said latitude, and five and forty

degrees of the same latitude; and that they shall have all the

lands, soils, grounds, havens, ports, rivers, mines, minerals, woods,

marshes, waters, fishings, commodities, and hereditaments, what-

soever, from the first seat of their plantation and habitation by

the space of fifty like English miles, as is aforesaid, all alongst

the said coast of Virginia and America, towards the west and

south-west, or towards the south, as the coast lyeth, and all the

Islands within one hundred miles, directly over against the said

sea coast; and also all the lands, soils, grounds, havens, ports,

rivers, mines, minerals, woods, marshes, waters, fishings, com-

modities, and hereditaments, whatsoever, from the said place of

their first plantation and habitation for the space of fifty like miles,

all alongst the said coast of Virginia and America, towards the

east and north-east, or towards the north, as the coast lyeth, and all

the Islands also within one hundred miles directly over against

the same sea coast; and also all the lands, soils, grounds, havens,

ports, rivers, woods, mines, minerals, marshes, waters, fishings,

commodities, and hereditaments, whatsoever, from the same fifty

miles every way on the sea coast, directly into the main land,

by the space of one hundred like English miles; and shall and may

inhabit and remain there; and shall and may also build and for-

tify within any the same for their better safeguard, according

to their best discretion, and the discretion of the council of that

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colony; and that none of our subjects shall be permitted, or suf-

fered, to plant or inhabit behind, or on the back of them, towards

the main land, without the express license of the council of that

colony in writing thereunto first had and obtained.

6. Provided always, and our will and pleasure herein is,

that the plantation and habitation of such of the said colonies,

as shall last plant themselves, as aforesaid, shall not be made

within one hundred like English miles of the other of them, that

first began to make their plantation, as aforesaid.

7. And we do also ordain, establish and agree, for us, our

heirs, and successors, that each of the said colonies shall have a

council, which shall govern and order all matters and causes,

which shall arise, grow or happen, to or within the same several

colonies, according to such laws, ordinances, and instructions,

as shall be in that behalf, given and signed with our hand or sign

manual, and pass under the privy seal of our realm of England;

each of which councils shall consist of thirteen persons, to be

ordained, made, and removed, from time to time, according as

shall be directed and comprised in the same instructions; and

shall have a several seal, for all matters that shall pass or concern

the same several councils; each of which seals shall have the

king's arms engraven on the one side thereof, and his portrait-

ure on the other; and that the seal for the council of the said

first colony shall have engraven round about, on the one side,

these words: Sigillum Regis Magnae Britanniae, Franciae, et Hi-

berniae; on the other side this inscription round about: Pro

Concilio primae Coloniae Virginiae. And the seal for the council

of the said second colony shall also have engraven, round about the

one side thereof, the aforesaid words: Sigillum Regis Magnae

Britanniae, Franciae, et Hiberniae; and on the other side: Pro

Concilio secundae Coloniae Virginiae;

8. And that also there shall be a council established here

in England, which shall, in like manner, consist of thirteen per-

sons, to be, for that purpose, appointed by us, our heirs, and suc-

cessors, which shall be called our Council of Virginia; and shall,

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from time to time, have the superior managing and direction,

only of and for all matters, that shall or may concern the gov-

ernment, as well of the said several colonies, as of and for any

other part or place, within the aforesaid precincts of four and

thirty and five and forty degrees, above mentioned; which coun-

cil shall, in like manner, have a seal, for matters concerning the

council or colonies, with the like arms and portraiture, as afore-

said, with this inscription, engraven round about on the one side:

Sigillum Regis Magnae Britanniae, Franciae, et Hiberniae; and

round about the other side: Pro Concilio suo Virginiae.

9. And moreover, we do grant and agree, for us, our heirs,

and successors, that the said several councils, of and for the said

several colonies, shall and lawfully may, by virtue hereof, from

time to time, without any interruption of us, our heirs or suc-

cessors, give and take order, to dig, mine, and search for all man-

ner of mines of gold, silver, and copper, as well within any part

of their said several colonies, as of the said main lands on the

backside of the same colonies; and to have and enjoy the gold,

silver, and copper, to be gotten thereof, to the use and behoof

of the same colonies, and the plantations thereof; yielding there-

fore to us, our heirs and successors, the fifth part only of all

the same gold and silver, and the fifteenth part of all the same

copper, so to be gotten or had, as is aforesaid, without any

other manner of profit or account, to be given or yielded to

us, our heirs, or successors, for or in respect of the same:

10. And they shall, or lawfully may, establish and cause

to be made a coin, to pass current there between the people

of those several colonies, for the more ease of traffick and bargain-

ing between and amongst them and the natives there, of such

metal, and in such manner and form, as the said several coun-

cils there shall limit and appoint.

11. And we do likewise, for us, our heirs, and successors,

by these presents, give full power and authority to the said Sir

Thomas Gates, Sir George Somers, Richard Hackluit, Edward-

Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William

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Parker, and George Popham, and to every of them, and to the

said several companies, plantations, and colonies, that they, and

every of them, shall and may at all and every time and times

hereafter, have, take, and lead in the said voyage, and for and

towards the said several plantations and colonies, and to travel

thitherward, and to abide and inhabit there, in every the said

colonies and plantations, such and so many of our subjects, as

shall willingly accompany them, or any of them, in the said

voyages and plantations; with sufficient shipping, and furniture of

armour, weapons, ordnance, powder, victual, and all other things,

necessary for the said plantations, and for their use and defence

there; Provided always, That none of the said persons be such,

as shall hereafter be specially restrained by us, our heirs, or suc-

cessors.

12. Moreover, we do, by these presents, for us, our heirs,

and successors, give and grant license unto the said Sir Thomas

Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker,

and George Popham, and to every of the said colonies, that they,

and every of them, shall and may, from time to time, and at all

times for ever hereafter, for their several defences, encounter, ex-

pulse, repel, and resist, as well by sea as by land, by all ways

and means whatsoever, all and every such person and persons,

as without the especial license of the said several colonies and

plantations, shall attempt to inhabit within the said several pre-

cincts and limits of the said several colonies and plantations, or

any of them, or that shall enterprise or attempt, at any time here-

after, the hurt, detriment, or annoyance, of the said several col-

onies or plantations:

13. Giving and granting, by these presents, unto the said

Sir Thomas Gates, Sir George Somers, Richard Hackluit, Ed-

ward-Maria Wingfield and their associates of the said first col-

ony, and unto the said Thomas Hanham, Ralegh Gilbert, Wil-

liam Parker, and George Popham, and their associates of the

said second colony, and to every of them, from time to time, and

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at all times forever hereafter power and authority to take and

surprise, by all ways and means whatsoever, all and every person

and persons, with their ships, vessels, goods, and other furni-

ture, which shall be found trafficking, into any harbour or har-

bours, creek or creeks, or place, within the limits or precincts of

the said several colonies and plantations, not being of the same

colony, until such time, as they, being of any realms or domin-

ions under our obedience, shall pay, or agree to pay, to the hands

of the treasurer of that colony, within whose limits and precincts

they shall so traffick, two and a half upon every hundred, of any

thing, so by them trafficked, bought, or sold; and being strangers,

and not subjects under our obeysance, until they shall pay five

upon every hundred, of such wares and merchandises, as they

shall traffick, buy, or sell, within the precincts of the said several

colonies, wherein they shall so traffick, buy, or sell, as aforesaid;

which sums of money, or benefit, as aforesaid, for and during the

space of one and twenty years, next ensuing the date hereof,

shall be wholly emploied to the use, benefit, and behoof of the

said several plantations, where such traffick shall be made; and

after the said one and twenty years ended, the same shall be taken

to the use of us, our heirs, and successors, by such officers and

ministers, as by us, our heirs, and successors, shall be thereunto

assigned or appointed.

14. And we do further, by these presents, for us, our heirs,

and successors, give and grant unto the said Sir Thomas Gates,

Sir George Somers, Richard Hackluit, and Edward-Maria Wing-

field, and to their associates of the said first colony and plan-

tation, and to the said Thomas Hanham, Ralegh Gilbert, William

Parker, and George Popham, and their associates of the said

second colony and plantation, that they, and every of them, by

their deputies, ministers, and factors, may transport the goods,

chattels, armour, munition, and furniture, needful to be used by

them, for their said apparel, food, defence, or otherwise in re-

spect of the said plantations, out of our realms of England and

Ireland, and all other our dominions, from time to time, for and

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during the time of seven years, next ensuing the date hereof,

for the better relief of the said several colonies and plantations

without any custom, subsidy, or other duty, unto us, our heirs,

or successors, to be yielded or paid for the same.

15. Also we do, for us, our heirs, and successors, declare,

by these presents, that all and every the persons, being our sub-

jects, which shall dwell and inhabit within every or any of the

said several colonies and plantations, and every of their chil-

dren, which shall happen to be born within any of the limits and

precincts of the said several colonies and plantations shall have

and enjoy all liberties, franchises, and immunities, within any

of our other dominions, to all intents and purposes, as if they had

been abiding and born, within this our realm of England, or any

other of our said dominions.

16. Moreover, our gracious will and pleasure is, and we do,

by these presents for us, our heirs, and successors, declare and

set forth, that if any person or persons, which shall be of any of

the said colonies and plantations, or any other, which shall traf-

fick to the said colonies and plantations, or any of them, shall,

at any time or times hereafter, transport any wares, merchan-

dises, or commodities, out of any of our dominions, with a pre-

tence to land, sell, or otherwise dispose of the same, within any of

the limits and precincts of any of the said colonies and plantations,

and yet nevertheless, being at sea, or after he hath landed the

same within any of the said colonies and plantations, shall carry

the same into any other foreign country, with a purpose there to

sell or dispose of the same, without the licence of us, our heirs

and successors, in that behalf first had and obtained; that then,

all the goods and chattels of such person or persons, so offending

and transporting, together with the said ship or vessel wherein

such transportation was made, shall be forfeited to us, our heirs,

and successors.

17. Provided always, and our will and pleasure is, and we

do hereby declare to all Christian kings, princes, and states,

that if any person or persons which shall hereafter be of any of

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the said several colonies and plantations, or any other, by his,

their or any of their license and appointment, shall at any time

or times herafter, rob or spoil, by sea or land, or do any act

of unjust and unlawful hostility, to any of the subjects of us, our

heirs, or successors, or any the subjects of any king, prince, ruler,

governor, or state, being then in league or amity with us, our

heirs, or successors, and that upon such injury, or upon just

complaint of such prince, ruler, governor, or state, or their sub-

jects, we, our heirs, or successors, shall make open proclamation

within any other ports of our realm of England, commodious

for that purpose, that the person or persons, having committed

any such robbery or spoil, shall, within the term to be limited

by such proclamations, make full restitution or satisfaction of

all such injuries done, so as the said princes, or others, so com-

plaining, may hold themselves fully satisfied and contented; and

that, if the said person or persons, having committed such rob-

bery or spoil, shall not make, or cause to be made, satisfaction

accordingly, within such time so to be limited, that then it shall

be lawful to us, our heirs, and successors, to put the said person

or persons, having committed such robbery or spoil, and their

procurers, abetters, or comforters, out of our allegience and

protection; and that it shall be lawful and free for all princes and

others, to pursue with hostility the said offenders, and every of

them, and their and every of their procurers, aiders, abetters,

and comforters, in that behalf.

18. And finally, we do, for us, our heirs, and successors,

grant and agree, to and with the said Sir Thomas Gates, Sir

George Somers, Richard Hackluit, and Edward-Maria Wing-

field, and all others of the said first colony, that we, our heirs, and

successors, upon petition in that behalf to be made, shall, by

letters, patent under the great seal of England, give and grant

unto such persons, their heirs, and assigns, as the council of

the colony, or the most part of them, shall, for that purpose

nominate and assign, all the lands, tenements, and hereditaments,

which shall be within the precincts limited for that colony, as is

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aforesaid, to be holden of us, our heirs, and successors, as of

our manor of East-Greenwich in the county of Kent, in free and

common soccage only, and not in capite:

19. And do, in like manner, grant and agree, for us, our

heirs, and successors, to and with the said Thomas Hanham,

Ralegh Gilbert, William Parker, and George Popham, and all

others of the said second colony, that we, our heirs, and suc-

cessors, upon petition in that behalf to be made, shall, by letters

patent under the great seal of England, give and grant unto such

persons, their heirs and assigns, as the council of that colony, or

the most part of them, shall, for that purpose, nominate and as-

sign, all the lands, tenements, and hereditaments, which shall

be within the precincts limited for that colony, as is aforesaid,

to be holden of us, our heirs, and successors, as of our manor

of East-Greenwich in the colony of Kent, in free and common

soccage only, and not in capite.

20. All which lands, tenements, and hereditaments, so to

be passed by the said several letters patent, shall be sufficient

assurance from the said patentees, so distributed and divided

amongst the undertakers for the plantation of the said several

colonies, and such as shall make their plantations in either of

the said several colonies, in such manner and form, and for such

estates, as shall be ordered and set down by the council of the

said colony, or the most part of them, respectively, within which

the same lands, tenements, and hereditaments shall lye or be;

although express mention of the true yearly value or certainty of

the premises or any of them, or of any other gifts or grants,

by us, or any of our progenitors or predecessors, to the aforesaid

Sir Thomas Gates, knight, Sir George Somers, knight, Richard

Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh

Gilbert, William Parker, and George Popham, or any of them,

heretofore made, in these presents, is not made; or any statute,

act, ordinance, or provision, proclamation, or restraint, to the

contrary hereof had, made, ordained, or any other thing, cause,

or matter whatsoever, in any wise notwithstanding. In witness

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whereof, we have caused these our letters to be made patents;

witness ourself at Westminster, the tenth day of April, in the

fourth year of the reign of England, France, and Ireland. and

of Scotland the nine and thirtieth.

LUKIN.

Per breve de privato Sigillo.

 

 

 

 

 

THE SECOND CHARTER OF VIRGINIA

 

TO THE TREASURER AND COMPANY, FOR VIRGINIA, ERECT-

ING THEM INTO A CORPORATION AND BODY POLITIC, AND

FOR THE FURTHER ENLARGEMENT AND EXPLANATION OF

THE PRIVILEGES OF THE SAID COMPANY AND FIRST

COLONY OF VIRGINIA.

 

(DATED MAY 23, 1609. 7 JAMES 1sT.)

1. James, by the grace of God, king of England, Scotland,

France, and Ireland, defender of the faith, etc. To all, to whom

these presents shall come, greeting. Whereas, at the humble

suit and request of sundry our loving and well disposed subjects,

intending to deduce a colony, and to make habitation and plan-

tation of sundry our people, in that part of America, commonly

called Virginia, and other parts and territories in America, either

appertaining unto us, or which are not actually possessed of

any christian prince or people, within certain bounds and regions.

We have formerly by our letters-patents, bearing date the tenth

day of April, in the fourth year of our reign of England, France,

and Ireland, and of Scotland the nine and thirtieth, granted to

Sir Thomas Gates, Sir George Somers, and others, for the more

speedy accomplishment of the said plantation and habitation, that

they should divide themselves into two Colonies (the one con-

sisting of divers knights, gentlemen, merchants, and others, of

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The Virginia Charters.               13

 

our city of London, called the first colony; and the other con-

sisting of divers knights, gentlemen, and others, of our cities of

Bristol, Exeter, and town of Plimouth, and other places, called

the second colony) and have yielded and granted many and sun-

dry privileges and liberties to each colony, for their quiet settling

and good government therein, as by the said letters-patents more

at large appeareth:

2. Now, forasmuch as divers and sundry of our loving

subjects, as well adventurers, as planters, of the said first colony,

which have already engaged themselves in furthering the business

of the said colony and plantation, and do further intend, by the

assistance of Almighty God, to prosecute the same to a happy

end, have of late been humble suitors unto us, that (in respect

of their great charges and the adventure of many of their lives,

which they have hazarded in the said discovery and plantation

of the said country) we would be pleased to grant them a further

enlargement and explanation of the said grant, privileges, and

liberties, and that such counsellors, and other officers, may be

appointed amongst them, to manage and direct their affairs, as

are willing and ready to adventure with them, as also whose

dwellings are not so far remote from the city of London, but

that they may, at convenient times, be ready at hand, to give their

advice and assistance, upon all occasions requisite.

3. We, greatly affecting the effectual prosecution and happy

success of the said plantation, and commending their good de-

sires therein, for their further encouragement in accomplishing

so excellent a work, much pleasing to God, and profitable to

our kingdom, do, of our special grace and certain knowledge,

and mere motion, for us, our heirs and successors, give, grant,

and confirm, to our trusty and well beloved subjects, Robert,

earl of Salisbury, Thomas, earl of Suffolk, Henry, earl of South-

ampton, William, earl of Pembroke, Henry, earl of Lincoln, earl

of Dorset, Thomas, earl of Exeter, Philip, earl of Montgomery,

Robert, Lord Viscount Lisle, Theophilus, Lord Howard of Wal-

den, James Montague, Lord Bishop of Bath and Wells, Edward,

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Lord Zouche, Thomas, Lord Lawarr, William, Lord Mount-

eagle, Ralph, Lord Ewre, Edmond, Lord Sheffield, Grey, Lord

Chandois, Lord Compton, John, Lord Petre, John, Lord Stan-

hope, George, Lord Carew, Sir Humphrey Weld, Lord Mayor

of London, George Percie, Esq., Sir Edward Cecil, Knt. Sir

George Wharton, Knt. Francis, West, Esq. Sir William Wade,

Knt. Sir Henry Nevil, Knt. Sir Thomas Smith, Knt. Sir Oliver

Cromwell, Knt. Sir Peter Manwood, Knt. Sir Drue Drury, Knt.

Sir John Scot, Knt. Sir Thomas Challoner, Knt. Sir Robert

Drury, Knt. Sir Anthony Cope, Knt. Sir Horatio Vere, Knt.

Sir Edward Conway, Knt. Sir William Brown, Knt. Sir Maurice

Berkeley, Knt. Sir Robert Mansel, Knt. Sir Amias Preston, Knt.

Sir Thomas Gates, Knt. Sir Anthony Ashly, Knt. Sir Michael

Sandys, Knt. Sir Henry Carey, Knt. Sir Stephen Soame, Knt.

Sir Calisthenes Brooke, Knt. Sir Edward Michelborn, Knt. Sir

John Ratcliffe, Knt. Sir Charles Wilmot, Knt. Sir George Moor,

Knt. Sir Hugh Wirral, Knt. Sir Thomas Dennis, Knt. Sir John

Holles, Knt. Sir William Godolphin, Knt. Sir Thomas Monson,

Knt. Sir Thomas Ridgwine, Knt. Sir John Brooke, Knt. Sir

Robert Killigrew, Knt. Sir Henry Peyton, Knt. Sir Richard

Williamson, Knt. Sir Ferdinando Weynman, Knt. Sir William

St. John, Knt. Sir Thomas Holcroft, Knt. Sir John Mallory, Knt.

Sir Roger Ashton, Knt. Sir Walter Cope, Knt. Sir Richard Wig-

more, Knt. Sir William Coke, Knt. Sir Herbert Crofte, Knt.

Sir Henry Fanshaw, Knt. Sir John Smith, Knt. Sir Francis

Wolly, Knt. Sir Edward Waterhouse, Knt. Sir Henry Seekford,

Knt. Sir Ewdin Sandys, Knt. Sir Thomas Waynam, Knt. Sir

John Trevor, Knt. Sir Warwick Heele, Knt. Sir Robert Worth,

Knt. Sir John Townsend, Knt. Sir Christopher Perkins, Knt. Sir

Daniel Dun, Knt. Sir Henry Hobart, Knt. Sir Francis Bacon,

Knt. Sir Henry Montague, Knt. Sir George Coppin, Knt. Sir

Samuel Sandys, Knt. Sir Thomas Roe, Knt. Sir George Somers,

Knt. Sir Thomas Freake, Knt. Sir Thomas Harwell, Knt. Sir

Charles Kelke, Knt. Sir Baptist Hicks, Knt. Sir John Watts,

Knt. Sir Robert Carey, Knt. Sir William Romney, Knt. Sir

• 14
 

The Virginia Charters.              15

 

Thomas Middleton, Knt. Sir Hatton Cheeke, Knt. Sir John

Ogle, Knt. Sir Cavallero Meycot, Knt. Sir Stephen Riddlesdon,

Knt. Sir Thomas Bludder, Knt. Sir Anthony Aucher, Knt. Sir

Robert Johnson, Knt. Sir Thomas Panton, Knt. Sir Charles

Morgan, Knt. Sir Stephen Pole, Knt. Sir John Burlacie, Knt.

Sir Christopher Cleave, Knt. Sir George Hayward, Knt. Sir

Thomas Davis, Knt. Sir Thomas Sutton, Knt. Sir Anthony For-

rest, Knt. Sir Robert Payne, Knt. Sir John Digby, Knt. Sir Dud-

ley Digges, Knt. Sir Rowland Cotton, Knt. Dr. Matthew Sut-

cliffe, Dr Meadows, Dr. Turner, Dr. Poe, Captain Pagnam,

Captain Jeffrey Holcrofte, Captain Romney, Captain Henry

Spry, Captain Shelton, Captain Sparks, Captain Thomas Wyat,

Captain Brinsley, Captin William Courtney, Captain Herbert,

Captain Clarke, Captain Dewhurst, Captain John Blundell,

Captain Fryer, Captain Lewis Orwell, Captain Edward Loyd,

Capt. Slingesby, Captain Hawley, Captain Orme, Captain Wood-

house, Captain Mason, Captain Thomas Holcroft, Captain John

Coke, Captain Holles, Captain William Proude, Captain Henry

Woodhouse, Captain Richard Lindesey, Captain Dexter, Captain

William Winter, Captain Pearse, Captain John Bingham, Captain

Burray, Captain Thomas Conway, Captain Rookwood, Captain

William Lovelace, Captain John Ashley, Captain Thomas Wynne,

Captain Thomas Mewtis, Captain Edward Harwood, Captain

Michael Everard, Captain Comock, Captain Mills, Captain Pigot,

Captain Edward-Maria Wingfield, Captain Christopher Newport,

Captain John Sicklemore, alias Ratcliffe, Captain John Smith,

Captain John Martin, Captain Peter Wynne, Captain Waldoe,

Captain Thomas Wood, Captain Thomas Button, George Bolls,

Esq. sheriff of London, William Crashaw, clerk, batchelor of

divinity, William Seabright, Esq. Christopher Brooke, Esq. John

Bingley, Esq. Thomas Watson, Esq. Richard Percival, Esq. John

Moore, Esq. Hugh Brooker, Esq. David Woodhouse, Esq. An-

thony Aucher, Esq. Robert Bowyer, Esq. Ralph Ewens, Esq.

Zachary Jones, Esq. George Calvert, Esq. William Dobson,

Esq. Henry Reynolds, Esq. Thomas Walker, Esq. Anthony Bar-

• 15
 

16       Ohio Arch. and His. Society Publications.

 

nars, Esq. Thomas Sandys, Esq. Henry Sandys, Esq. Richard

Sandys, Esq. Son of Sir Edwin Sandys, William Oxenbridge,

Esq. John Moore, Esq. Thomas Wilson, Esq. John Bullock, Esq.

John Waller, Esq. Thomas Webb, Jehu Robinson, William

Brewster, Robert Evelyn, Henry Danby, Richard Hackluit, Min-

ister, John Eldred, Merchant, William Russel, Merchant, John

Merrick, Merchant, Richard Banister, Merchant, Charles An-

thony, Goldsmith, John Banks, William Evans, Richard Humble,

Richard Chamberlayne, Merchant, Thomas Barber, Merchant,

Richard Pomet, Merchant, John Fletcher, merchant, Thomas

Nichols, merchant, John Stoke, merchant, Gabriel Archer, Fran-

cis Covel, William Bonham, Edward Harrison, John Wolsten-

holme, Nicholas Salter, Hugh Evans, William Barnes, Otho

Mawdet, Richard Staper, merchant, John Elkin, merchant, Wil-

liam Coyse, Thomas Perkin, cooper, Humphry James, cooper,

Henry Jackson, Robert Singleton, Christopher Nichols, John

Harper, Abraham   Chamberlayne, Thomas Shipton, Thomas

Carpenter, Anthony Crew, George Holman, Robert Hill, Cleophas

Smith, Ralph Harrison, John Farmer, James Brearley, William

Crosby, Richard Cox, John Gearing, Richard Strongarm, iron-

mongers, Thomas Langton, Griffith Hinton, Richard Ironside,

Richard Dean, Richard Turner, William Lawson, mercer, James

Chatfield, Edw'd Allen Tedder, Robert Hilderbrand Sprinson,

Arthur Mouse, John Gardiner, James Russel, Richard Caswell,

Richard Evans, John Hawkins, Richard Kerril, Richard Brooke,

Matthew Scrivener, gentleman, William Stallenge, gentleman,

Arthur Venn, gentleman, Sandys Webbe, gentleman, Michael

Phettiplace, gentleman, William Phettiplace, gentleman, Ambrose

Prusey, gentleman, John Taverner, gentleman, George Pretty,

gentleman, Peter Latham, gentleman, Thomas Montford, gen-

tleman, William Cantrel, gentleman, Richard Wiffin, gentleman,

Ralph Moreton, gentleman, John Cornelius, Martin Freeman,

Ralph Freeman, Andrew Moore, Thomas White, Edward Perkin,

Robert Offley, Thomas Whitley, George Pit, Robert Parkhurst,

Thomas Morris, Peter Harloe, Jeffry Duppa, John Gilbert, Wil-

• 16
 

The Virginia Charters.               17

 

liam Hancock, Matthew Brown, Francis Tyrrel, Randal Carter,

Othowell Smith, Thomas Hamond, Martin Bond, haberdasher,

John Moulsoe, Robert Johnson, William Young, John Woodal,

William Felgate, Humfrey Westwood, Richard Champion, Henry

Robinson, Francis Mapes, William Sambach, Relegh Crashaw,

Daniel Tucker, Thomas Grave, Hugh Willeston, Thomas Cul-

pepper, of Wigsel, Esq. John Culpepper, gentleman, Henry Lee,

Josias Kirton, gentleman, John Pory, gentleman, Henry Collins,

George Burton, William Atkinson, Thomas Forest, John Russel,

John Holt, Harman Harrison, Gabriel Beedel, John Beedel,

Henry Dawkes, George Scot, Edward Fleetwood, gentleman,

Richard Rogers, gentleman, Arthur Robinson, Robert Ro-

binson, John Huntley, John Gray, William  Payne, William

Field, William Wattey, William Webster, John Dingley, Thomas

Draper, Richard Glanvil, Arnold Hulls, Henry Roe, William

Moore, Nicholas Gryce, James Monger, Nicholas Andrews,

Jeremy Haydon, Ironmonger, Philip Durette, John Quarles, John

West, Matthew Springham, John Johnson, Christopher Hore,

Thomas Snead, George Berkely, Arthur Pet, Thomas Careles,

William Berkely, Thomas Johnson, Alexander Bents, Captain

William King, George Sandys, gentleman, James White, gentle-

man, Edmond Wynne, Charles Towler, Richard Reynold, Edward

Webb, Richard Maplesden, Thomas Lever, David Bourne,

Thomas Wood, Ralph Hamer, Edward Barnes, mercer, John

Wright, mercer, Robert Middleton, Edward Littlefield, Katharine

West, Thomas Web, Ralph King, Robert Koppin, James Askew,

Christopher Holt, William Bardwell, Alexander Chiles, Lewis

Tate, Edward Ditchfield, James Swifte, Richard Widdowes, gold-

smith, Edmond Brudenell, Edward Burwell, John Hansford, Ed-

ward Wooller, William Palmer, haberdasher, John Badger, John

Hodgson, Peter Mounsel, John Carril, John Bushridge, William

Dun, Thomas Johnson, Nicholas Benson, Thomas Shipton, Na-

thaniel Wade, Randal Wetwood, Matthew Dequester, Charles

Hawkins, Hugh Hamersley, Abraham Cartwright, George Ben-

net, William Cater, Richard Goddart, Henry Cromwell, Phineas

• 17
 

18        Ohio Arch. and His. Society Publications.

 

Pet, Robert Cooper, John Cooper, Henry Newce, Edward Wilkes,

Robert Bateman, Nicholas Farrar, John Newhouse, John Cason,

Thomas Harris, gentleman, George Etheridge, gentleman,

Thomas Mayle, gentleman, Richard Stafford, Thomas-------,

Richard Cooper, John Westrow, Edward Welch, Thomas Bri-

tain, Thomas Knowles, Octavian Thorne, Edmond Smith, John

March, Edward Carew, Thomas Pleydall, Richard Let, Miles

Palmer, Henry Price, John Joshua, gentleman, William Clauday,

Jeremy Pearsye, John Bree, gentleman, William Hampson,

Christopher Pickford, Thomas Hunt, Thomas Truston, Chris-

topher Salmon, John Howard, clerk, Richard Partridge, Allen

Cassen, Felix Wilson, Thomas Bathurst, George Wilmer, Andrew

Wilmer, Maurice Lewellin, Thomas Godwin, Peter Burgoyne,

Thomas Burgoyne, Robert Burgoyne, Robert Smith, merchant-

taylor, Edward Cage, grocer, Thomas Cannon, gentleman, Wil-

liam Welby, stationer, Clement Wilmer, gentleman, John Clap-

ham, gentleman, Giles Francis, gentleman, George Walker, sad-

ler, John Swinhow, stationer, Edward Bishop, stationer, Leonard

White, gentleman, Christopher Baron, Peter Benson, Richard

Smith, George Proctor, minister, Millicent Ramsden, widow,

Joseph Soane, Thomas Hinshaw, John Baker, Robert Thornton,

John Davis, Edward Facit, George Newce, gentleman, John Ro-

binson, Captain Thomas Wood, William Brown, shoemaker, Ro-

bert Barker, shoemaker, Robert Pennington, Francis Burley, min-

ister, William Quick, grocer, Edward Lewis, grocer, Laurence

Campe, draper, Aden Perkins, grocer, Richard Shepherd, preacher,

William Sherley, haberdasher, William Taylor, haberdasher, Edwin

Lukin, gentleman, John Franklyn, haberdasher, John Southwick,

Peter Peate, George Joban, Ironmonger, George Yeardley, gen-

tleman, Henry Shelley, John Prat, Thomas Church, draper,

William Powel, gentleman, Richard Frith, gentleman, Thomas

Wheeler, draper, Francis Haselrig, gentleman, Hugh Shipley,

gentleman, John Andrews, the elder, doctor of Cambridge, Fran-

cis Whistler, gentleman, John Vassal, gentleman, Richard Howle,

Edward Berkely, gentleman, Richard Keneridgburg, gentleman,

• 18
 

The Virginia Charters.               19

 

Nicholas Exton, draper, William Bennet, fishmonger, James Hay-

wood, merchant, Nicholas Isaac, merchant, William   Gibbs,

merchant, Bishop, Bernard Mitchel, Isaac Mitchel, John Streate,

Edward Gall, John Martin, gentleman, Thomas Fox, Luke

Lodge, John Woodliffe, gentleman, Richard Webb, Vincent Low,

Samuel Burnham, Edmund Pears, haberdasher, John George,

John St. John, Edward Vaughan, William Dunn, Thomas Al-

cocke, John Andrews the younger, of Cambridge, Samuel Smith,

Thomas Gerrard, Thomas Whittingham, William Canning, Paul

Canning, George Chandler, Henry Vincent, Thomas Ketley,

James Skelton, James Mountaine, George Webb, gentleman,

Joseph Newbridge, Smith, Josiah Mand, Captain Ralph Hamer,

the younger, Edward Brewster, the son of William Brewster,

Leonard Harwood, Mercer, Philip Druerdent, William Carpenter,

Tristian Hill, Robert Cock, Grocer, Laurence Grecie, Grocer,

Samuel Winch, grocer, Humphrey Stile, grocer, Avern Drans-

field, grocer, Edward Hodges, grocer, Edward Beale, grocer,

Thomas Culler, grocer, Ralph Busby, grocer, John Whittingham,

grocer, John Hide, grocer, Matthew Shepherd, grocer, Thomas

Allen, grocer, Richard Hooker, grocer, Lawrence Munks, grocer,

John Tanner, grocer, Peter Gate, grocer, John Blunt, grocer,

Robert Phips, grocer, Robert Berrisford, grocer, Thomas Wells,

grocer, John Ellis, grocer, Henry Colthurst, grocer, John Cavady,

grocer, Thomas Jennings, grocer, Edmond Pashall, grocer, Tim-

othy Bathurst, grocer, Giles Parslow, grocer, Robert Milmay,

grocer, Richard Johnson, grocer, William Johnson, vintner, Eze-

kiel Smith, Richard Martin, William Sharp, Robert Rich, William

Stannard, innholder, John Stocken, William Strachey, gentleman,

George Farmer, gentleman, Thomas Gypes, clothworker, Abra-

ham Davies, gentleman, Thomas Brockett, gentleman, George

Bache, fishmonger, John Dike, fishmonger, Henry Spranger,

Richard Farrington, Christopher Vertue, vintner, Thomas Bay-

ley, vintner, George Robins, vintner, Tobias Hinson, grocer,

Vrian Spencer, Clement Chickeley, John Scarpe, gentleman,

James Campbell, ironmonger, Christopher Clitheroe, ironmonger,

• 19
 

20        Ohio Arch. and His. Society Publications.

 

Philip Jacobson, Peter Jacobson, of Antwerp, William Berkeley,

Miles Banks, cutler, Peter Higgons, grocer, Henry John, gentle-

man, John Stockley, merchant-taylor, the company of mercers,

the company of grocers, the company of drapers, the company of

fishmongers, the company of goldsmiths, the company of skinners,

the company of merchant-taylors, the company of haberdashers,

the company of salters, the company of ironmongers, the com-

pany of vintners, the company of clothworkers, the company of

dyers, the company of brewers, the company of leathersellers, the

company of pewterers, the company of cutlers, the company of

white-bakers, the company of wax-chandlers, the company of tal-

low-chandlers, the company of armorers, the company of girdlers,

the company of butchers, the company of sadlers, the company of

carpenters, the company of cordwaynes, the company of barber-

chirurgeons, the company of paint-stainers, the company of

curriers, the company of masons, the company of plumbers, the

company innholders, the company of founders, the company of

poulterers, the company of cooks, the company of coopers, the

company of tylers and bricklayers, the company of bowyers, the

company of Fletchers, the company of blacksmiths, the company

of joiners, the company of weavers, the company of woolmen, the

company of woodmongers, the company of scriveners, the com-

pany of fruiterers, the company of plaisterers, the company of

Brownbakers, the company of stationers, the company of im-

broiderers, the company of upholders, the company of musicians,

the company of turners, the company of gardiners, the company

of basket-makers, the company of glaziers, John Levet, merchant,

Thomas Nornicot, clothworker, Richard Venn, haberdasher,

Thomas Scot, gentleman, Thomas Buxon, merchant-taylor,

George Hankinson, Thomas Seyer, gentleman, Matthew Cooper,

George Butler, gentleman, Thomas Lawson, gentleman, Edward

Smith, haberdasher, Steven Sparrow, John Jones, merchant, --

Reynolds, brewer, Thomas Plummer, merchant, James Duppa,

brewer, Rowland Coitmore, William Southerne, George Whit-

more, haberdasher, Anthony Gosnold, the younger, John Allen,

• 20
 

The Virginia Charters.               21

 

fishmonger, Simon Yeomans, fishmonger, Lancelot Davis, gen-

tleman, John Hopkins, alderman of Bristol, John Kettleby, gentle-

man, Richard Clene, goldsmith, George Hooker, gentleman, Ro-

bert Chening, yeoman; and to such and so many, as they do, or

shall hereafter admit to be joined with them, in form hereafter in

these presents expressed, whether they go in their persons to be

planters there in the said plantation, or whether they go not,

but adventure their monies, goods, or chattles; That they shall

be one body or commonalty perpetual, and shall have perpetual

succession, and one common seal, to serve for the said body or

commonalty; and that they, and their successors, shall be known,

called, and incorporated by the name of, The Treasurer and Com-

pany of Adventurers and Planters of the City of London for the

first Colony in Virginia:

4. And that they and their successors, shall be, from hence-

forth, forever enabled to take, acquire and purchase, by the name

aforesaid (licence for the same, from us, our heirs or successors,

first had and obtained) any manner of lands, tenements, and

hereditaments, good and chattels, within our realm of England,

and dominion of Wales:

5. And that they and their successors, shall likewise be

enabled, by the name aforesaid, to plead and be impleaded, before

any of our judges or justices, in any of our courts, and in any

actions or suits whatsoever.

6. And we do also of our special grace, certain knowledge

and mere motion, give, grant and confirm, unto the said treasurer

and company, and their successors, under the reservations, limi-

tations, and declarations, hereafter expressed, all those lands,

countries, and territories, situate, lying, and being, in that part

of America called Virginia, from the point of land called Cape

or Point Comfort, all along the sea coast, to the northward two

hundred miles, and from the said point of Cape Comfort, all along

the sea coast to the southward two hundred miles, and all that

space and circuit of land, lying from the sea coast of the pre-

cinct aforesaid, up into the land, throughout from sea to sea,

• 21
 

22        Ohio Arch. and His. Society Publications.

 

west and northwest; and also all the islands, lying within one

hundred miles, along the coast of both seas of the precinct afore-

said; together with all the soils, grounds, havens, and ports,

mines, as well royal mines of gold and silver, as other minerals,

pearls and precious stones, quarries, woods, rivers, waters, fish-

ings, commodities, jurisdictions, royalties, privileges, franchises

and preheminences, within the said territories, and the precincts

thereof, whatsoever, and thereto and thereabouts, both by sea

and land, being or in any sort belonging or appertaining, and

which we, by our letters patents, may or can grant, in as ample

manner and sort, as we or any of our noble progenitors, have

heretofore granted to any company, body politick or corporate,

or to any adventurer or adventurers, undertaker or undertakers,

of any discoveries, Plantations, or traffick, of, in or into any for-

eign parts whatsoever, and in as large and ample manner, as

if the same were herein particularly mentioned and expressed;

to have and to hold, possess and enjoy, all and singular the said

lands, countries and territories, with all and singular other the

premises, heretofore by these presents granted, or mentioned to

be granted, to them, the said treasurer and company, their suc-

cessors and assigns for ever; to the sole and proper use of

them, the said treasurer and company, their successors and

assigns for ever; to be holden of us, our heirs, and succes-

sors, as of our manour of East Greenwich, in free and com-

mon soccage, and not in capite; yielding and paying, there-

fore, to us, our heirs, and successors, the fifth part only of all

ore of gold and silver, that from time to time, and at all times

hereafter, shall be there gotten, had, or obtained for all manner

of services.

7. And nevertheless, our will and pleasure is, and we do,

by these presents, charge, command, warrant, and authorize, that

the said treasurer and company, or their successors, or the major

part of them, which shall be present and assembled for that

purpose, shall, from time to time, under their common seal, dis-

tribute, convey, assign, and set over, such particular portions of

• 22
 

The Virginia Charters.               23

 

lands, tenements and hereditaments, by these presents formerly

granted, unto such our loving subjects, naturally born, or den-

izens, or others, as well adventurers as planters, as by the said

company (upon a commission of survey and distribution, exe-

cuted and returned for that purpose,) shall be nominated, ap-

pointed, and allowed; wherein our will and pleasure is, that re-

spect be had, as well of the proportion of the adventurer, as to

the special service, hazard, exploit, or merit of any person so to

be recompensed, advanced, or rewarded.

8. And forasmuch, as the good and prosperous success

of the said plantation cannot but chiefly depend, next under the

blessing of God, and the support of our royal authority, upon

the provident and good direction of the whole enterprize, by a

careful and understanding council, and that it is not convenient,

that all the adventurers shall be so often drawn to meet and as-

semble, as shall be requisite for them to have meetings and con-

ference about the affairs thereof; therefore we do ordain, estab-

lish and confirm, that there shall be perpetually one council here

resident, according to the tenour of our former letters patents;

which council shall have a seal, for the better government and

administration of the said plantation, besides the legal seal of the

company or corporation, as in our former letters patents is also

expressed.

9. And further, we establish and ordain, that Henry, Earl

of Southampton, William, Earl of Pembroke, Henry, Earl of

Lincoln, Thomas, Earl of Exeter, Robert, Lord Viscount Lisle,

Lord Theophilus Howard, James, Lord Bishop of Bath and Wells,

Edward, Lord Zouche, Thomas, Lord Lawarr, William, Lord

Monteagle, Edmund, Lord Sheffield, Grey, Lord Chandois, John,

Lord Stanhope, George, Lord Carew, Sir Humfrey Weld, Lord

Mayor of London, Sir Edward Cecil, Sir William Wade, Sir

Henry Nevil, Sir Thomas Smith, Sir Oliver Cromwell, Sir Peter

Manwood, Sir Thomas Challoner, Sir Henry Hobart, Sir Francis

Bacon, Sir George Coppin, Sir John Scot, Sir Henry Carey, Sir

Robert Drury, Sir Horatio Vere, Sir Edward Conway, Sir Maurice

• 23
 

24        Ohio Arch. and His. Soeiety Publications.

 

Berkeley, Sir Thomas Gates, Sir Michael Sandys, Sir Robert Man-

sel, Sir John Trevor, Sir Amias Preston, Sir William Godolphin,

Sir Walter Cope, Sir Robert Killigrew, Sir Henry Fanshaw, Sir

Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir William

Romney, Sir Thomas Roe, Sir Baptist Hicks, Sir Richard Wil-

liamson, Sir Stephen Poole, Sir Dudley Digges, Christopher

Brooke, Esq. John Eldred, and John Wolstenholme, shall be

our Council for the said Company of Adventurers and Planters

in Virginia.

10. And the said Thomas Smith we do ordain to be treas-

urer of the said company; which treasurer shall have authority

to give order, for the warning of the council, and summoning the

company, to their courts and meetings.

11. And the said council and treasurer, or any of them,

shall be from henceforth, nominated, chosen, continued, displaced,

changed, altered, and supplied, as death, or other several occa-

sions, shall require, out of the company of the said adventurers,

by the voice of the greater part of the said company and adven-

turers, in their assembly for that purpose: Provided always, that

every counsellor, so newly elected, shall be presented to the lord

chancellor of England, or to the lord high treasurer of Eng-

land, or to the lord chamberlain of the household of us, our heirs,

and successors, for the time being, to take his oath of a coun-

sellor to us, our heirs and successors, for the said company of

adventurers and colony in Virginia.

12. And we do by these presents, of our special grace, cer-

tain knowledge, and mere motion, for us, our heirs and succes-

sors, grant unto the said treasurer and company, and their suc-

cessors, that if it happen, at any time or times, the treasurer for

the time being to be sick, or to have any such cause of absence

from the city of London, as shall be allowed by the said council,

or the greater part of them, assembled, so as he cannot attend

the affairs of that company, in every such case, it shall and may

be lawful for such treasurer for the time being, to assign, con-

stitute and appoint, one of the council or company, to be like-

• 24
 

The Virginia Charters.                25

 

wise allowed by the council, or the greater part of them, assem-

bled, to be the deputy treasurer of the said company; which

deputy shall have power to do and execute all things, which be-

long to the said treasurer, during such time, as such treasurer

shall be either sick, or otherwise absent upon cause allowed of

by the said council, or the major part of them, as aforesaid, so

fully and wholly, and in as large and ample manner and form,

to all intents and purposes, as the said treasurer, if he were pres-

ent, himself might or could do and execute the same.

13. And further, of our special grace, certain knowledge,

and mere motion, for us, our heirs, and successors, we do, by

these presents, give and grant full power and authority to our

said council, here resident, as well at this present time, as here-

after from time to time, to nominate, make, constitute, ordain,

and confirm, by such name or names, stile or stiles, as to them

shall seem good, and likewise to revoke, discharge, change, and

alter, as well all and singular governors, officers, and ministers,

which already have been made, as also which hereafter shall be

by them thought fit and needful to be made or used, for the gov-

ernment of the said colony and plantation;

14. And also to make, ordain, and establish all manner of

orders, laws, directions, instructions, forms, and ceremonies of

government and magistracy, fit and necessary, for and concerning

the government of the said colony and plantation; and the same

at all times hereafter, to abrogate, revoke, or change, not only

within the precincts of the said colony, but also upon the seas

in going and coming, to and from the said colony, as they, in

their good discretion, shall think to be fittest for the good of the

adventurers and inhabitants there.

15. And we do also declare, that, for divers reasons and

considerations us thereunto especially moving, our will and

pleasure is, and we do hereby ordain, that immediately from and

after such time, as any such governor or principal officer, so to

be nominated and appointed, by our said council, for the govern-

ment of the said colony, as aforesaid, shall arrive in Virginia,

• 25
 

26        Ohio Arch. and His. Society Publications.

 

and give notice unto the colony there resident of our pleasure

in this behalf, the government, power, and authority of the pres-

ident and council, heretofore by our former letters patents there

established, and all laws and constitutions, by them formerly

made, shall utterly cease and be determined, and all officers,

governors, and ministers, formerly constituted or appointed, shall

be discharged, any thing, in our former letters patents concern-

ing the said plantation contained, in any wise to the contrary

notwithstanding; straightly charging and commanding the pres-

ident and council, now resident in the said colony, upon their

allegiance, after knowledge given unto them of our will and

pleasure, by these presents signified and declared, that they forth-

with be obedient to such governor or governors, as by our said

council, here resident, shall be named and appointed, as afore-

said, and to all directions, orders and commandments, which they

shall receive from them, as well in the present resigning and

giving up of their authority, offices, charge and places, as in all

other attendance, as shall be by them, from time to time, required.

16. And we do further, by these presents, ordain and estab-

lish, that the said treasurer and council here resident, and their

successors, or any four of them, being assembled (the treasurer

being one) shall, from time to time, have full power and author-

ity, to admit and receive any other person into their company,

corporation and freedom; and further, in a general assembly of

the adventurers, with the consent of the greater part, upon good

cause, to disfranchise and put out any person or persons, out of

the said freedom and company.

17. And we do also grant and confirm, for us, our heirs and

successors, that it shall be lawful for the said treasurer and com-

pany, and their successors, by direction of the governors there,

to dig and to search for all manner of mines of gold, silver, cop-

per, iron, lead, tin, and all sorts of minerals, as well within the

precinct aforesaid, as within any part of the main land, not for-

merly granted to any other; and to have and enjoy the gold, silver,

copper, iron, lead, and tin, and all other minerals to be gotten

• 26
 

The Virginia Charters.                27

 

thereby to the use and behoof of the said company of planters and

adventurers; yielding thereof, and paying yearly, unto us, our

heirs and successors, as aforesaid.

18. And we do further, of our special grace, certain knowl-

edge, and mere motion, for us, our heirs, and successors, grant,

by these presents, to and with the said treasurer and company,

and their successors, that it shall be lawful and free for them,

and their assigns, at all and every time and times hereafter, out

of our realm of England, and out of all other our dominions,

to take and lead into the said voyages, and for and towards

the said plantation, and to travel thitherwards, and to abide and

inhabit there in the said colony and plantation, all such and so

many of our loving subjects, or any other strangers, that will

become our loving subjects and live under our obedience, as

shall willingly accompany them in the said voyage and planta-

tion; with sufficient shipping, armour, weapons, ordnance, mu-

nition, powder, shot, victuals, and such merchandizes or wares,

as are esteemed by the wild people in those parts, clothing,

implements, furniture, cattle, horses, and mares, and all other

things, necessary for the said plantation, and for their use, and

defence, and trade with the people there; and in passing and

returning to and fro; without yielding or paying subsidy, cus-

tom, imposition, or any other tax or duty, to us, our heirs or

successors, for the space of seven years from the date of these

presents: Provided, that none of the said persons be such, as

shall be hereafter, by especial name, restrained by us, our heirs,

and successors.

19. And for their further encouragement, of our special

grace and favor, we do, by these presents, for us, our heirs,

and successors, yield and grant, to and with the said treasurer

and company, and their successors, and every of them, their

factors, and assigns, that they and every of them, shall be free

of all subsidies and customs in Virginia, for the space of one

and twenty years, and from all taxes and impositions, for ever,

upon any goods or merchandises, at any time or times hereafter,

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either upon importation thither, or exportation from thence,

into our realms of England, or into any other of our realms or

dominions, by the said treasurer and company, and their suc-

cessors, their deputies, factors, or assigns, or any of them: Ex-

cept only the five pounds per cent. due for custom, upon all

such goods and merchandizes, as shall be brought or imported

into our realm of England, or any other of these our dominions,

according to the ancient trade of merchants; which five pounds

per cent. only being paid, it shall be thenceforth lawful and free for

the said adventurers, the same goods and merchandizes to ex-

port, and carry out of our said dominions, into foreign parts,

without any custom, tax, or other duty, to be paid to us, our

heirs, or successors, or to any other our officers or deputies:

Provided, that the said goods and merchandizes be shipped out,

within thirteen months, after the first landing within any part

of those dominions.

20. And we do also grant and confirm to the said treasurer

and company, and their successors, as also to all and every

such governor, or other officers and ministers, as by our said

council shall be appointed to have power, authority of government

and command, in or over the said colony or plantation; that

they, and every of them, shall and lawfully may, from time to

time, and at all times for ever hereafter, for their several defence

and safety, encounter, expulse, repel, and resist, by force and arms,

as well by sea as by land, and all ways and means whatsoever,

all and every such person and persons whatsoever, as (without

the special licence of the said treasurer and company, and their

successors) shall attempt to inhabit, within the said several pre-

cincts and limits of the said colony and plantation; and also, all

and every such person and persons whatsoever, as shall enter-

prise or attempt, at any time hereafter, destruction, invasion,

hurt, detriment, or annoyance, to the said colony and plantation,

as is likewise specified in the said former grant.

21. And that it shall be lawful for the said treasurer and

company, and their successors, and every of them, from time

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The Virginia Charters.                29

 

to time, and at all times for ever hereafter, and they shall have

full power and authority, to take and surprise, by all ways and

means whatsoever, all and every person and persons whatso-

ever, with their ships, goods, and other furniture, trafficking in

any harbor, creek, or place, within the limits or precincts of

the said colony and plantation, not being allowed by the said

company to be adventurers or planters of the said colony, until

such time, as they, being of any realms and dominions under our

obedience, shall pay, or agree to pay, to the hands of the treas-

urer or of some other officer, deputed by the said governor of

Virginia (over and above such subsidy and custom, as the said

company is, or hereafter shall be, to pay) five pounds per cent.

upon all goods and merchandizes so brought in thither, and also

five per cent. upon all goods by them shipped out from thence;

and being strangers, and not under our obedience, until they

have paid (over and above such subsidy and custom, as the said

treasurer and company, or their successors, is, or hereafter shall

be, to pay) ten pounds per cent. upon all such goods, likewise,

carried in and out, any thing, in the said former letters patents,

to the contrary notwithstanding; and the same sums of money

and benefit, aforesaid, for and during the space of one and

twenty years, shall be wholly employed to the benefit, use, and

behoof of the said colony and plantation; and after the said one

and twenty years ended, the same shall be taken to the use of

us, our heirs, and successors, by such officers and ministers,

as by us, our heirs, or successors, shall be thereunto assigned

and appointed, as is specified in the said former letters patents.

22. Also, we do, for us, our heirs, and successors, declare,

by these presents, that all and every the persons, being our sub-

jects, which shall go and inhabit within the said colony and

plantation, and every their children and posterity, which shall

happen to be born within any of the limits thereof, shall have and

enjoy all liberties, franchises, and immunities of free denizens

and natural subjects, within any of our other dominions, to all

intents and purposes, as if they had been abiding and born,

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30        Ohio Arch. and His. Society Publications.

 

within this our realm of England, or in any other of our do-

minions.

23. And forasmuch, as it shall be necessary for all such our

loving subjects, as shall inhabit within the said precincts of Vir-

ginia, aforesaid, to determine to live together, in the fear and

true worship of Almighty God, Christian peace, and civil quiet-

ness, each with other, whereby every one may, with more safety,

pleasure, and profit, enjoy that, whereunto they shall attain with

great pain, and peril; we, for us, our heirs, and successors,

are likewise pleased and contented, and by these presents, do

give and grant unto the said treasurer and company, and their

successors, and to such governors, officers, and ministers, as

shall be, by our said council, constituted and appointed, accord-

ing to the natures and limits of their offices and places respect-

ively, that they shall and may, from time to time forever here-

after, within the said precincts, of Virginia, or in the way by

sea thither and from thence, have full and absolute power and

authority, to correct, punish, pardon, govern and rule, all such

the subjects of us, our heirs and successors, as shall, from time

to time, adventure themselves in any voyage thither, or that

shall, at any time hereafter, inhabit in the precincts and terri-

tories of the said colony, as aforesaid, according to such orders,

ordinances, constitutions, directions, and instructions, as by our

said council, as aforesaid, shall be established; and in defect

thereof, in case of necessity, according to the good discretions of

the said governor and officers, respectively, as well in cases cap-

ital and criminal as civil, both marine and other; So always, as

the said statutes, ordinances and proceedings, as near as con-

veniently may be, be agreeable to the laws, statutes, government,

and policy of our realm of this England.

24. And we do further, of our special grace, certain knowl-

edge, and mere motion, giant, declare and ordain, that such prin-

cipal governor, as, from time to time, shall duly and lawfully

be authorized and appointed, in manner and form in these presents

heretofore expressed, shall have full power and authority, to use

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The Virginia Charters.                31

 

and exercise martial law, in cases of rebelion or mutiny, in as large

and ample manner, as our lieutenants in our counties, within this

our realm of England, have or ought to have, by force of their

commissioners of Lieutenantcy.

25. And furthermore, if any person or persons, adventurers

or planters of the said colony, or any other, at any time or times

hereafter, shall transport any monies, goods or merchandises,

out of any of our kingdoms, with a pretence or purpose, to land,

sell or otherwise dispose of the same, within the limits or bounds

of the said colony, and yet nevertheless, being at sea, or after

he hath landed within any part of the said colony, shall carry the

same into any other foreign country, with a purpose there to sell

and dispose thereof; that then all the goods and chattels of the

said person, or persons, so offending and transported, together

with the ship or vessel, wherein such transportation was made,

shall be forfeited to us, our heirs and successors.

26. And further our will and pleasure is, that in all ques-

tions and doubts, that shall arise, upon any difficulty of con-

struction or interpretation of any thing, contained either in this,

or in our said former letters patents, the same shall be taken and

interpreted, in most ample and beneficial manner for the said

treasurer and company, and their successors, and every member

thereof.

27. And further, we do, by these presents, ratify and con-

firm unto the said treasurer and company, and their successors,

all the privileges, franchises, liberties, and immunities, granted

in our said former letters patents, and not in these our letters

patents revoked, altered, changed, or abridged.

28. And finally, our will and pleasure is, and we do further,

hereby, for us, our heirs, and successors, grant and agree, to

and with the said treasurer and company, and their successors,

that all and singular person and persons, which shall, at any time

or times hereafter, adventure any sum or sums of money, in and

towards the said plantation of the said colony in Virginia, and

shall be admitted by the said council and company, as adven-

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32        Ohio Arch. and His. Society Publications.

 

turers of the said colony, in form aforesaid, and shall be enrolled

in the book or records of the adventurers of the said company,

shall and may be accounted, accepted, taken, held, and reputed,

adventurers of the said colony, and shall and may enjoy all and

singular grants, privileges, liberties, benefits, profits, commodi-

ties, and immunities, advantages, and emoluments, whatsoever,

as fully, largely, amply, and absolutely, as if they, and every of

them, had been precisely, plainly, singularly, and distinctly, named

and inserted in these our letters patents.

29. And lastly, because the principal effect, which we can

desire or expect of this action, is the conversion and reduction of

the people in those parts unto the true worship of God and Chris-

tian religion, in which respect we should be loath, that any person

should be permitted to pass, that we suspected to effect the super-

stitions of the church of Rome; we do hereby declare, that it is

our will and pleasure, that none be permitted to pass in any voy-

age, from time to time to be made into the said country, but such,

as first shall have taken the oath of supremacy; for which pur-

pose, we do, by these presents, give full power and authority,

to the treasurer for the time being, and any three of the council,

to tender and exhibit the said oath, to all such persons, as shall,

at any time, be sent and employed in the said voyage. Although

express mention of the true yearly value or certainty of the prem-

ises, or any of them, or of any other gifts or grants, by us or

any of our progenitors or predecessors, to the aforesaid treasurer

and company heretofore made, in these presents is not made;

or any act, statute, ordinance, provision, proclamation, or re-

straint, to the contrary hereof had, made, ordained, or provided,

or any other thing, cause, or matter, whatsoever, in any wise not-

withstanding. In witness whereof, we have caused these our

letters to be made patent. Witness ourself at Westminster, the

23d day of May, in the seventh year of our reign of England,

France, and Ireland, and of Scotland the * * * *

Per ipsum Regem.

LUKIN.

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The Virginia Charters.               33

 

 

THE THIRD CHARTER OF VIRGINIA

 

To THE TREASURER AND COMPANY, FOR VIRGINIA.

 

 

(DATED MARCH 12, 1611-2.)

 

1. James, by the grace of God, king of England, Scotland,

France and Ireland, defender of the faith; to all to whom these

presents shall come greeting, Whereas, at the humble suit of

divers and sundry our loving subjects, as well adventurers as

planters of the first colony in Virginia, and for the propagation

of christian religion, and reclaiming of people barbarous to civil-

ity and humanity, we have, by our letters patents, bearing date,

at Westminster, the three and twentieth day of May, in he sev-

enth year of our reign of England, France, and Ireland, and the

two and fortieth of Scotland, given and granted unto them, that

they, and all such and so many of our loving subjects, as should

from time to time for everafter, be joined with them, as planters

or adventurers in the said plantation, and their successors, for-

ever, should be one body politick, incorporated by the name of,

The Treasurer and Company of Adventurers and Planters of

the city of London for the first Colony in Virginia.

2. And whereas also, for the greater good and benefit of the

said company, and for the better furtherance, strengthening, and

establishing of the said plantation, we did further give, grant

and confirm, by our said letters patents, unto the said treasurer,

and company, and their successors, for ever, all those lands,

countries, or territories, situate, lying, and being, in that part of

America called Virginia, from the point of land, called Cape or

Point Comfort, all along the sea coasts, to the northward, two

hundred miles, and from the said point of Cape Comfort all along

the sea coast, to the southward, two hundred miles, and all that

space and circuit of land, lying from the sea coast of the precinct

aforesaid, up or into the land, throughout from sea to sea, west

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34       Ohio Arch. and His. Society Publications.

 

and northwest, and also all the islands, lying within one hundred

miles, along the coast of both the seas of the precinct aforesaid,

with divers other grants, liberties, franchises, and preheminences,

privileges, profits, benefits, and commodities, granted, in and by

our letters patents, to the said treasurer and company, and their

successors, for ever:

3. Now, forasmuch as we are given to understand, that in

those seas, adjoining to the said coast of Virginia, and without

the compass of those two hundred miles, by us so granted unto

the said treasurer and company, as aforesaid, and yet not far

distant from the said colony in Virginia, there are, or may be,

divers islands, lying desolate and uninhabited, some of which are

already made known and discovered, by the industry, travel, and

expences of the said company, and others also are supposed to

be and remain, as yet, unknown and undiscovered, all and every of

which it may import the said colony, both in safety and policy

of trade, to populate and plant, in regard whereof, as well for the

preventing of peril, as for the better commodity and prosperity

of the said colony, they have been humble suitors unto us, that

we would be pleased to grant unto them an enlargement of our

said former letters patents, as well for a more ample extent of

their limits and territories into the seas, adjoining to and upon the

coast of Virginia, as also for some other matters and articles,

concerning the better government of the said company and col-

ony, in which point our said former letters patents do not extend

so far, as time and experience hath found to be needful and con-

venient:

4. We therefore, tendering the good and happy success of

the said plantation, both in regard of the general weal of human

society, as in respect of the good of our own estate and king-

doms, and being willing to give furtherance unto all good means,

that may advance the benefit of the said company, and which may

secure the safety of our loving subjects, planted in our said colony

under the favour and protection of God Almighty, and of our

royal power and authority, have therefore, of our especial grace,

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The Virginia Charters.                35

 

certain knowledge, and mere motion, given, granted, and con-

firmed, and for us, our heirs and successors, we do, by these

presents, give, grant, and confirm, to the said treasurer and

company of adventurers and planters of the city of London for

the first colony in Virginia, and to their heirs and successors, for

ever, all and singular those Islands whatsoever, situate and being

in any part of the ocean seas bordering upon the coast of our

said first colony in Virginia, and being within three hundred

leagues of any the parts heretofore granted to the said treasurer

and company, in our said former letters patents, as aforesaid,

and being within or between the one and fortieth and thirtieth

degrees of northerly latitude, together with all and singular soils,

lands, grounds, havens, ports, rivers, waters, fishings, mines, and

minerals, as well royal mines of gold and silver, as other mines

and minerals, pearls, precious stones, quarries, and all and singu-

lar other commodities, jurisdictions, royalties, privileges, fran-

chises, and preheminences, both within the said tract of land upon

the main, and also within the said Islands and seas adjoining,

whatsoever, and thereunto or thereabouts, both by sea and land,

being or situate; and which, by our letters patents, we may or

can grant, and in as ample manner and sort, as we, or any our

noble progenitors, have hertofore granted to any person or per-

sons, or to any company, body politick or corporate, or to any

adventurer or adventurers, undertaker or undertakers, of any

discoveries, plantations, or traffick, of, in or into any foreign

parts, whatsoever, and in as large and ample manner, as if the

same were herein particularly named, mentioned, and expressed:

Provided always, that the said Islands, or any the premises herein

mentioned, or by these presents intended or meant to be granted,

be not actually possessed or inhabited by any other Christian

prince or estate, nor be within the bounds, limits, or territories

of the northern colony, heretofore by us granted to be planted

by divers of our loving subjects, in the north parts of Virginia.

To have and to hold, possess and enjoy, all and singular the said

Islands, in the said ocean seas so lying, and bordering upon the

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36        Ohio Arch. and His. Society Publications.

 

coast and coasts of the territories of the said first colony in Vir-

ginia, as aforesaid; with all and singular the said soils, lands, and

grounds, and all and singular other the premises, heretofore by

these presents granted, or mentioned to be granted, to them, the

said treasurer and company of adventurers and planters of the

city of London for the first colony in Virginia, and to their heirs,

successors, and assigns, for ever, to the sole and proper use and

behoof of them, the said treasurer and company, and their heirs,

and successors, and assigns, forever; to be holden of us, our heirs,

and successors, as of our manor of East Greenwich, in free and

common soccage, and not in capite; yielding and paying there-

fore to us, our heirs, and successors, the fifth part of the ore of

all gold and silver, which shall be there gotten, had, or obtained,

for all manner of services whatsoever.

5. And further, our will and pleasure is, and we do, by

these presents, grant and confirm, for the good and welfare of

the said plantation, and that posterity may hereafter know, who

have adventured and not been sparing of their purses in such a

noble and generous action for the general good of their country,

and at the request, and with the consent, of the company afore-

said, that our trusty and well beloved subjects, George, Lord

Archbishop of Canterbury, Henry, Earl of Huntington, Edward,

Earl of Bedford, Richard, Earl of Clanrickard, etc., who since our

said last letters patents are become adventurers, and have joined

themselves with the former adventurers and planters of the said

company and society, shall, from henceforth, be reputed, deemed,

and taken to be, and shall be brethren and free members of the

company, and shall and may, respectively, and according to the

proportion and value of their several adventures, have, hold and

enjoy all such interest, right, title, privileges, preheminences,

liberties, franchises, immunities, profits, and commodities, what-

soever, in as large, and ample, and beneficial manner, to all in-

tents, constructions, and purposes, as any other adventurers,

nominated and expressed in any our former letters patents, or

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The Virginia Charters.               37

 

any of them, have or may have, by force and virtue of these pres-

ents, or any our former letters patents whatsoever.

6. And we are further pleased, and we do, by these presents,

grant and confirm, that Philip, Earl of Montgomery, William,

Lord Paget, Sir John Starrington, Knt., etc., whom the said

treasurer and company have, since the said last letters patents,

nominated and set down, as worthy and discreet persons, fit to

serve as counsellors, to be of our council for the said plantation,

shall be reputed, deemed, and taken as persons of our said council

for the said first colony, in such manner and sort, to all intents

and purposes, as those who have been formerly elected and nom-

inated, as our counsellors for that colony, and whose names have

been or are inserted and expressed in our said former letters

patents.

7. And we do hereby ordain and grant, by these presents,

that the said treasurer and company of adventurers and planters

aforesaid, shall and may, once every week, or oftener, at their

pleasure, hold and keep a court and assembly, for the better

order and government of the said plantation, and such things,

as shall concern the same; and that any five persons of our

council for the said first colony in Virginia, for the time being,

of which company the treasurer, or his deputy, to be always

one, and the number of fifteen others, at the least, of the generality

of the said company, assembled together in such manner, as is

and hath been heretofore used and accustomed, shall be said,

taken, held, and reputed to be, and shall be a sufficient court of

the said company, for the handling, and ordering, and dispatch-

ing of all such casual and particular occurrences, and accidental

matters, of less consequence and weight, as shall, from time to

time, happen, touching and concerning the said plantation:

8. And that nevertheless, for the handling, ordering, and

disposing of matters and affairs of greater weight and importance,

and such as shall or may, in any sort, concern the weal publick

and general good of the said company and plantation, as namely

the manner of government from time to time to be used, the order-

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38        Ohio Arch. and His. Society Publications.

 

ing and disposing of the lands and possessions, and the settling

and establishing of a trade there, or such like, there shall be held

and kept, every year, upon the last Wednesday, save one, of

Hillary term, Easter, Trinity, and Michaelmas terms, for ever,

one great, general, and solemn assembly, which four assemblies

shall be stiled and called, The Four Great and General Courts

of the Council and Company of Adventurers for Virginia; in

all and every of which said great and general courts, so assembled,

our will and pleasure is, and we do, for us, our heirs, and succes-

sors, for ever, give and grant to the said treasurer and company

and their successors, for ever, by these presents, that they the

said treasurer and company, or the greater number of them, so

assembled, shall and may have full power and authority, from

time to time, and at all times hereafter, to elect and choose dis-

creet persons, to be of our said council, for the said first colony

in Virginia, and to nominate and appoint such officers, as they

shall think fit and requisite, for the government, managing, or-

dering, and dispatching of the affairs of the said company, and

shall likewise have full power and authority, to ordain and make

such laws and ordinances, for the good and welfare of the said

plantation, as to them, from time to time, shall be thought re-

quisite and meet: so always, as the same be not contrary to the

laws and statutes of this our realm of England; and shall, in like

manner, have power and authority, to expulse, disfranchise, and

put, out of and from their said company and society, for ever,

all and every such person and persons, as having either prom-

ised, or subscribed their names, to become adventurers to the

said plantation of the said first colony in Virginia, or having been

nominated for adventurers, in these or any other our letters

patents, or having been otherwise admitted and nominated to

be of the said company, have nevertheless either not put in any

adventure at all, for and towards the said plantation, or else

have refused and neglected, or shall refuse and neglect, to bring

in his or their adventure, by word or writing promised, within

six months after the same shall be so payable and due.

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The Virginia Charters.               39

 

9. And whereas the failing and not payment of such monies,

as have been promised in adventure for the advancement of the

said plantation, hath been often by experience found, to be danger-

ous and prejudicial to the same, and much to have hindered the

progress and proceeding of the said plantation, and for that it

seemeth unto us a thing reasonable, that such persons, as by

their hand writing have engaged themselves for the payment

of their adventurers, and afterwards neglecting their faith and

promise, should be compelled to make good and keep the same;

therefore our will and pleasure is, that in any suit or suits, com-

menced or to be commenced, in any of our courts at Westminster,

or elsewhere, by the said treasurer and company, or otherwise,

against any such persons, that our judges for the time being,

both in our court of chancery, and at the common pleas, do

favour and further the said suits, so far forth as law and equity will,

in any wise, further and permit.

10. And we do, for us, our heirs, and successors, further

give and grant to the said treasurer and company, or their suc-

cessors, for ever, that, the said treasurer and company, or the

greater part of them, for the time being, so in a full and general

court assembled, as aforesaid, shall and may from time to time,

and at all times for ever hereafter, elect, choose, and admit into

their company and society, any person or persons, as well strang-

ers and aliens, born in any part beyond the seas wheresoever,

being in amity with us, as our natural liege subjects, born in any

our realms, and dominions; and that all such persons, so elected,

chosen and admitted to be of the said company, as aforesaid, shall

thereupon be taken, reputed, and held, and shall be, free mem-

bers of the said company, and shall have, hold, and enjoy, all

and singular freedoms, liberties, franchises, privileges, immuni-

ties, benefits, profits and commodities, whatsoever, to the said

company in any sort belonging or appertaining, as fully, freely,

and amply, as any other adventurers, now being, or which here-

after at any time shall be of the said company, hath, have, shall,

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40        Ohio Arch. and His. Society Publications.

 

may, might, or ought to have and enjoy the same, to all intents

and purposes whatsoever.

11. And we do further of our especial grace, certain knowl-

edge, and mere motion, for us, our heirs, and successors, give

and grant unto the said treasurer and company, and their suc-

cessors, for ever, by these presents, that it shall be lawful and free,

for them and their assigns, at all and every time and times here-

after, out of any our realms and dominions whatsoever, to take,

lead, carry, and transport, in and into the said voyage, and for

and towards the said plantation, of our said first colony in Vir-

ginia, all such and so many of our loving subjects, or any other

strangers, that will become our loving subjects and live under

our allegience, as shall willingly accompany them in the said

voyages and plantation; with shipping, armour, weapons, ord-

nance, munition, powder, shot, victuals, and all manner of mer-

chandises and wares, and all manner of cloathing, implements,

furniture, beasts, cattle, horses, mares, and all other things nec-

essary for the said plantation, and for their use and defence,

and for trade with the people there, and in passing and returning

to and from, without paying or yielding any subsidy, custom, or

imposition either inward or outward, or any other duty, to us, our

heirs, or successors, for the same, for the space of seven years

from the date of these presents.

12. And we do further, for us, our heirs, and successors,

give and grant to the said treasurer and company, and their suc-

cessors, for ever, by these presents, that the said treasurer of that

company, or his deputy, for the time being, or any two other of

the said council for the said first colony in Virginia, for the time

being, or any two other at all times hereafter, and from time to

time have full power and authority, to minister and give the

oath and oaths of supremacy and allegiance, or either of them,

to all and every person and persons, which shall at any time or

times hereafter, go or pass to the said colony in Virginia:

13. And further, that it shall be lawful likewise for the said

treasurer, or his deputy, for the time being, or any two or others

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The Virginia Charters.               41

 

of our said council for the said first colony in Virginia, for the

time being, from time to time, and at all times hereafter, to min-

ister such a formal oath, as by their discretion shall be reasonably

devised, as well unto any person or persons, employed in, for, or

touching the said plantation, for their honest, faithful, and just

discharge of their service, in all such matters, as shall be com-

mitted unto them for the good and benefit of the said company,

colony, and plantation; as also, unto such other person or per-

sons, as the said treasurer or his deputy, with two others of the

said council, shall think meet, for the examination or clearing of

the truth, in any cause whatsoever concerning the said planta-

tion, or any business, from thence proceeding, or thereunto

belonging.

14. And furthermore, whereas we have been certified, that

divers lewd and ill-disposed persons, both sailors, soldiers, arti-

ficers, husbandmen, labourers, and others, having received wages,

apparel, and other entertainment, from the said company, or

having contracted and agreed with the said company, to go,

or to serve, or to be employed in the said plantation of the said first

colony in Virginia, have afterwards either withdrawn, hid or

concealed themselves, or have refused to go thither, after they

have been so entertained and agreed withal; and that divers and

sundry persons also, which have been sent and employed in the

said plantation of the said first colony in Virginia, at and upon the

charge of the said company, and having there misbehaved them-

selves, by mutinies, sedition, or other notorious misdemeanors,

or having been employed or sent abroad, by the governor of Vir-

ginia or his deputy, with some ship or pinnace, for our provision

of the said colony, or for some discovery, or other business and

affairs, concerning the same, have from thence most treacherously

either come back again and returned into our realm of England,

by stealth, or without licence of our governor of our said colony

in Virginia for the time being, or have been sent hither, as mis-

doers and offenders; and that many also of those persons, after

their return from thence, having been questioned by our said

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42        Ohio Arch. and His. Society Publications.

 

council here, for such their misbehaviors and offences, by their

insolent and contemptuous carriage in the presence of our said

council, have shewed little respect and reverence, either to the

place, or authority, in which we have placed and appointed them;

and others, for the colouring of their lewdness and misdemeanors

committed in Virginia, have endeavored, by most vile and slan-

derous reports, made and divulged, as well of the country of

Virginia, as also of the government and estate of the said planta-

tion and colony, as much as in them lay, to bring the said voyage

and plantation into disgrace and contempt; by means whereof,

not only the adventurers and planters, already engaged in the

said plantation, have been exceedingly abused and hindered, and

a great number of other our loving and well disposed subjects,.

otherwise well affected, and enclined to join and adventure in

so noble, christian, and worthy an action, have been discouraged

from the same, but also the utter overthrow and ruin of the said

enterprise hath been greatly endangered, which cannot miscarry

without some dishonor to us and our kingdom;

15. Now, forasmuch as it appeareth unto us, that these

insolences, misdemeanors, and abuses, not to be tolerated in

any civil government, have, for the most part, grown and pro-

ceeded, in regard our said council have not any direct power

and authority, by any express words in our former letters patents,

to correct and chastise such offenders; we therefore, for the more

speedy reformation of so great and enormous abuses and misde-

meanors, heretofore practised and committed, and for the pre-

venting of the like hereafter, do, by these presents, for us, our

heirs, and successors, give and grant to the said treasurer and

company, and their successors, for ever, that it shall and may be

lawful for our said council for the said first colony in Virginia,

or any two of them (whereof the said treasurer, or his deputy,

for the time being, to be always one) by warrant under their hands,

to send for, or to cause to be apprehended, all and every such

person, and persons, who shall be noted, or accused, or found,

at any time or times hereafter, to offend, or misbehave them-

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The Virginia Charters.               43

 

selves, in any the offences before mentioned and expressed;

and upon the examination of any such offender or offenders,

and just proof made by oath, taken before the said council, of

any such notorious misdemeanors by them committed, as afore-

said; and also upon any insolent and contemptuous, or indecent

carriage, and misbehaviour, to or against our said council, shewed

or used by any such person or persons, so called, convented,

and appearing before them, as aforesaid; that in all such cases,

they, our said council, or any two of them, for the time being, shall

and may have full power and authority, either here to bind them

over with good surities for their good behaviour, and further

therein to proceed, to all intents and purposes, as it is used, in

other like cases, within our realm of England; or else, at their

discretion, to remand and send them back, the said offenders, or

any of them, unto the said colony in Virginia, there to be pro-

ceeded against and punished, as the governor, deputy, or council

there, for the time being, shall think meet; or otherwise accord-

ing to such laws and ordinances, as are and shall be in use there,

for the well ordering and good government of the said colony.

16. And for the more effectual advancing of the said plan-

tation, we do further, for us, our heirs, and successors, of our

especial grace and favour, by virtue of our prerogative royal,

and by the assent and consent of the Lords and others of our

privy council, give and grant unto the said treasurer and com-

pany, full power and authority, free leave, liberty, and licence,

to set forth, erect, and publish, one or more lottery or lotteries,

to have continuance, and to endure and be held, for the space

of one whole year, next after the opening of the same; and after

the end and expiration of the said term, the said lottery or lotteries

to continue and be further kept, during our will and pleasure only,

and not otherwise. And yet nevertheless, we are contented and

pleased for the good and welfare of the said plantation, that the

said treasurer and company shall, for the dispatch and finishing

of the said lottery or lotteries, have six months warning after

the said year ended, before our will and pleasure shall, for and

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44        Ohio Arch. and His. Society Publications.

 

on that behalf, be construed, deemed, and adjudged, to be in any

wise altered and determined.

17. And our further will and pleasure is, that the said

lottery and lotteries shall and may be opened and held, within

our city of London, or in any other city or town, or elsewhere,

within this our realm of England, with such prizes, articles, con-

ditions, and limitations, as to them, the said treasurer and com-

pany, in their discretion shall seem convenient:

18. And that it shall and may be lawful, to and for the said

treasurer and company, to elect and choose receivers, auditors,

surveyors, commissioners, or any other officers, whatsoever, at

their will and pleasure, for the better marshalling, disposing,

guiding, and governing of the said lottery and lotteries; and that

it shall likewise be lawful, to and for the said treasurer and any two

of the said council, to minister to all and every such person so

elected and chosen for officers, as aforesaid, one or more oaths,

for their good behaviour, just and true dealing, in and about the

said lottery or lotteries, to the intent and purposes, that none

of our loving subjects, putting in their names, or otherwise ad-

venturing in the said general lottery or lotteries, may be, in any

wise, defrauded and deceived of their said monies, or evil and

indirectly dealt withal in their said adventurers.

19. And we further grant in manner and form aforesaid,

that it shall and may be lawful, to and for the said treasurer and

company, under the seal of the said council for the plantation,

to publish, or to cause and procure to be published, by procla-

mation or otherwise (the said proclamation, to be made in their

name, by virtue of these presents) the said lottery or lotteries in

all cities, towns, boroughs, and other places within our said

realm of England; and we will and command all mayors, justices

of peace, sheriffs, bailiffs, constables, and other officers and loving

subjects, whatsoever, that, in no wise, they hinder or delay the

progress and proceedings of the said lottery or lotteries, but be

therein touching the premises, aiding and assisting, by all honest

good and lawful means and endeavours.

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The Virginia Charters.                45

 

20. And further our will and pleasure is, that in all ques-

tions, and doubts, that shall arise, upon any difficulty of construc-

tion or interpretation of any thing contained in these, or any

other our former letters patents, the same shall be taken and

interpreted, in most ample and beneficial manner for the said

treasurer and company, and their successors, and every member

thereof.

21. And lastly, we do by these presents, ratify and confirm

unto the said treasurer and company, and their successors, for

ever, all and all manner of privileges, franchises, liberties, im-

munities, preheminences, profits and commodities, whatsoever,

granted unto them in any our former letters patents, and not in

these presents revoked, altered, changed, or abridged, although

express mention of the true yearly value or certainty of the prem-

ises, or any of them, or of any other gift or grant, by us or any

of our progenitors or predecessors, to the aforesaid treasurer and

company heretofore made, in these presents is not made; or

any statute, act, ordinance, provision, proclamation, or restraint,

to the contrary thereof heretofore made, ordained, or provided,

or any other matter, cause, or thing, whatsoever, to the contrary,

in any wise, notwithstanding.

In witness whereof we have caused these our letters to be

made patents. Witness ourself, at Westminster, the twelfth day

of March, in the ninth year of our reign of England, France, and

Ireland, and of Scotland the five and fortieth.

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46       Ohio Arch. and His. Society Publications.

 

VIRGINIA ACT OF CESSION-1783.*

SECTION 1. Whereas, the Congress of the United States

did, by their act of the 6th day of September, in the year 1780,

recommend to the several States in the Union, having claims

to waste and unappropriated lands in the western country, a

liberal cession to the United States of a portion of their respective

claims for the common benefit of the Union:

SEC. 2. And, whereas, this commonwealth did, on the 2d

day of January, in the year 1781, yield to the Congress of the

United States, for the benefit of said States, all right, title, and

claim which the said commonwealth had to the territory north-

west of the river Ohio, subject to the conditions annexed to the

said act of cession:

SEC. 3. And, whereas, the United States in Congress as-

sembled have, by their act of the 13th of September last, stipu-

lated the terms upon which they agree to accept the cession of

this State, should the Legislature approve thereof, which terms,

although they do not come fully up to the propositions of this

commonwealth, are conceived, on the whole, to approach so

nearly to them as to induce this State to accept thereof, in full

confidence that Congress will, in justice to this State for the

liberal cession she hath made, earnestly press upon the other

States, claiming large tracts of waste and uncultivated territory,

the propriety of making cessions equally liberal for the common

benefit and support of the Union:

Be it enacted by the General Assembly, That it shall and may be

lawful for the delegates of this State to the Congress of the United

States, or such of them as shall be assembled in Congress, and

the said delegates, or such of them so assembled, are hereby

fully authorized and empowered, for and on behalf of this State,

by proper deed or instrument in writing, under their hands and

seals, to convey, transfer, assign, and make over unto the United

States, in Congress assembled, for the benefit of said States,

 

* This act was passed on December 20, 1783, by the legislature of Vir-

ginia, to authorize the delegates of that State in Congress to convey to the

United States all the rights of that commonwealth to the territory north-

west of the river Ohio.

• 46
 

Virginia Act of Cession - 1783.           47

 

all right, title, and claim, as well of soil as jurisdiction, which

this commonwealth hath to the territory or tract of country

within the limits of the Virginia charter, situate, lying, and being

to the northwest of the river Ohio, subject to the terms and

conditions contained in the before-recited act of Congress of the

13th day of September last, that is to say: Upon condition that

the territory so ceded shall be laid out and formed into States,

containing a suitable extent of territory, not less than one hun-

dred nor more than one hundred and fifty miles square, or as

near thereto as circumstances will admit; and that the States

so formed shall be distinct republican States, and admitted mem-

bers of the Federal Union, having the same rights of sovereignty,

freedom and independence as the other States; that the neces-

sary and reasonable expenses incurred by this State, which they

shall judge to be comprised within the intent and meaning of

the act of Congress of the 10th of October, 1780, respecting such

expenses. That the French and Canadian inhabitants, and other

settlers of the Kaskaskies, Saint Vincents, and the neighboring

villages, who have professed themselves citizens of Virginia, shall

have their possessions and titles confirmed to them, and be pro-

tected in the enjoyment of their rights and liberties. That a

quantity, not exceeding one hundred and fifty thousand acres,

of land, promised by this State, shall be allowed and granted to

the then Colonel, now General, George Rogers Clarke, and to

the officers and soldiers of his regiment who marched with him

when the posts of Kaskaskies and Saint Vincents were reduced,

and to the officers and soldiers that have been since incorporated

into the said regiment, to be laid off in one tract, the length of

which not to exceed double the breadth, in such place on the

northwest side of the Ohio as a majority of the officers shall

choose, and to be afterwards divided among the said officers

and soldiers in due proportion according to the laws of Virginia.

That in case the quantity of good lands on the southeast side of

the Ohio, upon the waters of the Cumberland river, and between

the Green river and Tennessee river, which have been reserved

by law for the Virginia troops upon continental establish-

ment, should, from the North Carolina line bearing in further

upon the Cumberland lands than was expected, prove insufficient

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48        Ohio Arch. and His. Society Publications.

 

for their legal bounties, the deficiency should be made up to the

said troops in good lands, to be laid off between the rivers Scioto

and Little Miami, on the northwest side of the Ohio, in such

proportions as have been engaged to them by the laws of Vir-

ginia. That all the lands within the territory so ceded to the

United States, and not reserved for or appropriated to any of

the beforementioned purposes, or disposed of in bounties to the

officers and soldiers of the American Army, shall be considered

as a common fund for the use and benefit of such of the United

States as have become, or shall become members of the con-

federation or federal alliance of the said States, Virginia inclu-

sive, according to their usual respective proportions in the gen-

eral charge and expenditure, and shall be faithfully and bona fide

disposed of for that purpose, and for no other use or purpose

whatsoever; Provided, That the trust hereby reposed in the dele-

gates of this State shall not be executed unless three of them,

at least, are present in Congress.

 

 

CESSION FROM THE STATE OF CONNECTICUT.

(SEPTEMBER 14, 1786, 1 V. L. U. S., p. 484.)

The delegates from Connecticut having thereupon proceeded

and executed a deed of cession, agreeable to the resolution of

26th May last, in the words following:

To all who shall see these presents, We, William Samuel John-

son and Jonathan Sturges, the underwritten delegates for the

State of Connecticut in the Congress of the United States, send

greeting:

WHEREAS, The General Assembly of the State of Connec-

ticut, on the second Thursday in May, in the year of our Lord,

one thousand seven hundred and eighty-six, passed an act in

the following words, viz: "Be it enacted by the Governor,

Council and Representatives in General Court assembled, and by

the authority of the same, That the delegates of this State, or any

two of them, who shall be attending the Congress of the United

States, be and they are hereby directed, authorized, and fully

empowered, in the name and behalf of this State, to make, execute,

• 48
 

Cession from the State of Connecticut.    49

 

and deliver, under their hands and seals, an ample deed or release

and cession of all the right, title, interest, jurisdiction, and claim,

of the State of Connecticut, to certain western lands, beginning

at the completion of the forty-first degree of north latitude, one

hundred and twenty miles west of the western boundary line of

the commonwealth of Pennsylvania, as now claimed by said

commonwealth, and from thence by a line drawn north, parallel

to, and one hundred and twenty miles west of the said line of

Pennsylvania, and to continue north until it comes to forty-two

degrees and two minutes north latitude. Whereby all the right,

title, interest, jurisdiction, and claim of the State of Connecticut

to the lands lying west of said line to be drawn as aforementioned,

one hundred and twenty miles west of the western boundary

line of the commonwealth of Pennsylvania, as now claimed by

said commonwealth, shall be included, released and ceded to

the United States in Congress assembled, for the common use

and benefit of the said States, Connecticut inclusive." Now,

therefore, know ye, that we, the said William Samuel Johnson

and Jonathan Sturges, by virtue of the power and authority to

us committed by said act of the General Assembly of Connecticut,

do, by these presents, assign, transfer, quit-claim, cede, and

convey, to the United States of America, for their benefit, Con-

necticut inclusive, all the right, title, interest, jurisdiction, and

claim, which the said State of Connecticut hath in and to the

beforementioned and described territory or tract of country, as

the same is bounded and described in the said act of Assembly,

for the uses in the said recited act of Assembly declared.

In witness whereof, We have hereunto set our hands and

seals, this thirteenth day of September, in the year of our Lord,

one thousand seven hundred and eighty-six, and of the sover-

eignty and independence of the United States of America the

eleventh.            WILL. SAM. JOHNSON (L. S.).

JONATHAN STURGES (L. S.).

Signed, sealed, and delivered, in the presence of

CHA. THOMPSON,

ROGER ALDEN,

JAS. MATHERS.

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50        Ohio Arch. and His. Society Publications.

 

On motion,

Resolved, That Congress accept the said deed of cession,

and that the same be recorded and enrolled among the acts of

the United States in Congress assembled.

 

 

 

ORDINANCE OF 1787.

(THE CONFEDERATE CONGRESS, JULY 13, 1787.)

An ordinance for the government of the territory of the United States

northwest of the river Ohio.

SECTION 1. Be 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.

SEC. 2. 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 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 when there shall be no children or descendants, then

in equal parts to the next of kin, in equal degree, and among col-

laterals, 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 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 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 will 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 and sealed and delivered by the person, being of

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Ordinance of 1787.                 51

 

full age; in whom the estate may be, and attested by two wit-

nesses, 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 prop-

erty may be transferred by delivery, saving, however, to the

French and Canadian inhabitants and other settlers of the Kas-

kaskies, 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.

SEC. 3. Be it ordained by the Authority aforesaid, That there

shall be appointed, 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.

SEC. 4. 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 dis-

trict, 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 proceedings 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 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.

SEC. 5. 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 in the district and report them to Congress,

from time to time, which shall be in force in the district until

the organization of the General Assembly therein unless disap-

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52        Ohio Arch. and His. Society Publications.

 

proved by Congress; but afterwards the Legislature shall have

authority to alter them as they shall think fit.

SEC. 6. The Governor, for the time being, shall be the

commander-in-chief of the militia, appoint and commission all

officers in the same below the rank of general officers; all gen-

eral officers shall be appointed and commissioned by Congress.

SEC. 7. Previous to the organization of the General As-

sembly the Governor shall appoint such magistrates and other

civil officers in each county or township as he shall find neces-

sary for the preservation of the peace and good order in the

same. After the General Assembly shall be organized, the pow-

ers 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, dur-

ing the continuance of this temporary government, be appointed

by the governor.

SEC. 8. 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 have been extinguished,

into the counties and townships, subject, however, to such alter-

ations as may thereafter be made by the Legislature.

SEC. 9. 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 Assembly; Provided, That for

every five hundred free male inhabitants there shall be one rep-

resentative, 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 Legislature; Provided, That no person will be

eligible or qualified to act as representative, 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

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Ordinance of 1787.                 53

 

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, 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 necessary to qualify a man as

an elector of a representative.

SEC. 10. 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.

SEC. 11. The General Assembly, or Legislature, shall con-

sist of the Governor, Legislative Council, and a House of Rep-

resentatives. The Legislative Council shall consist of five mem-

bers, to continue in office five years, unless sooner removed

by Congress; any three of whom to be a quorum; and the mem-

bers of the Council shall be nominated and appointed in the fol-

lowing 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 return 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 representatives

shall nominate two persons, qualified as aforesaid, for each va-

cancy, 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 members of the Council

five years, unless sooner removed. And the Governor, Legis-

lative Council, and House of Representatives shall have authority

to make laws in all cases for the good government of the dis-

trict, not repugnant to the principles and articles in this ordinance

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54        Ohio Arch. and His. Society Publications.

 

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 bill, 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.

SEC. 12. The Governor, Judges, Legislative Council, Sec-

retary and such other officers as Congress shall appoint in the dis-

trict, shall take an oath or affirmation of fidelity and of office; the

Governor before the President of Congress, and all other officers

before the Governor. As soon as a Legislature shall be formed

in the district, the Council and House assembled, in one room,

shall have authority, by joint ballot, to elect a delegate to Con-

gress, who shall have a seat in Congress, with a right of debating,

but not of voting during this temporary government.

SEC. 13. And for extending the fundamental principles of

civil and religious liberty, which form the basis whereon these

republics, their laws and constitutions are erected, to fix and

establish those principles as the basis of all laws, constitutions

and governments, which forever hereafter shall be formed in the

said territory; to provide, also, for the establishment of States,

and permanent government therein, and for their admission to

a share in the federal councils on an equal footing with the orig-

inal States, at as early periods as may be consistent with the

general interest:

SEC. 14. It is hereby ordained and declared, by the author-

ity aforesaid, that the following articles shall be considered as

articles of compact between the original States and the people

and States in the said territory and forever remain unalterable

unless by common consent, to wit:

 

ARTICLE I.

No person, demeaning himself in a peaceable and orderly

manner, shall ever be molested on account of his mode of wor-

ship, or religious sentiments, in the said territories.

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Ordinance of 1787.                  55

 

ARTICLE II.

The inhabitants of the said territory shall always be entitled

to the benefits of the writs of habeas corpus, and of the trial

by jury; of a proportionate representation of the people in the

Legislature, and of judicial proceedings according to the course

of the common law. All persons shall be bailable, unless

for capital offences, where the proof shall be evident, or the

presumption great. All fines shall be moderate and no cruel

or unusual punishments shall be inflicted.  No man shall be

deprived of his liberty or property, but by the judgment of his

peers, or the law of the land, and should the public exigencies

make it necessary, for the common preservation, to take any

person's property, or to demand his particular services, full com-

pensation shall be made for the same. And, in the just pre-

servation of rights and property, it is understood and declared,

that no law ought ever to be made or have force in the said

territory that shall, in any manner whatever, interfere with or

affect private contracts, or engagements, bona fide, and without

fraud previously formed.

 

ARTICLE III.

Religion, morality, and knowledge, being necessary to good

government and the happiness of mankind, schools and the means

of education shall forever be encouraged. The utmost good faith

shall always be observed towards the Indians; their lands and

property shall never be taken from them without their consent;

and in their property rights and liberty they shall never be

invaded or disturbed, unless in just and lawful wars authorized

by Congress; but laws founded in justice and humanity shall,

from time to time, be made, for preventing wrongs being done

to them, and for preserving peace and friendship with them.

 

ARTICLE IV.

The said territory and the States which may be formed therein

shall forever remain a part of this confederacy of the United

States of America, subject to the articles of Confederation, and

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56       Ohio Arch. and His. Society Publications.

 

to such alterations therein as shall be constitutionally made; and

to all the acts and ordinances of the United States in Congress

assembled, conformable thereto. The inhabitants and settlers

in the said territory shall be subject to pay a part of the federal

debts, contracted, or to be contracted, and a proportional part

of the expenses of government to be apportioned on them

by Congress, according to the same common rule and measures

by which apportionments thereof shall be made on the other

States; and the taxes for paying their proportion shall be laid

and levied by the authority and direction of the Legislatures of the

district or districts, or new States, as in the original States, within

the time agreed upon by the United States in Congress assembled.

The Legislatures of those districts, or new States, shall never

interfere with the primary disposal of the soil by the United

States in Congress assembled, nor with any regulations Congress

may find necessary for securing the title in such soil to the bona

fide purchasers. No tax shall be imposed on lands the property

of the United States; and in no case shall non-resident propri-

etors be taxed higher than residents. The navigable waters

leading into the Mississippi and Saint Lawrence, and the carry-

ing places between the same, shall be common highways, and

forever free as well to the inhabitants of the said territory, as to

the citizens of the United States and those of any other States that

may be admitted into the confederacy, without any tax, impost,

or duty therefor.

ARTICLE V.

 

There shall be formed in the said territory not less than

three nor more than five States; and the boundaries of the States,

as soon as Virginia shall alter her act of cession and consent

to the same, shall become fixed and established as follows, to

wit: The western State, in the said territory, shall be bounded

by the Mississippi, the Ohio and the Wabash Rivers; a direct

line drawn from the Wabash and Post Vincents due north to

the territorial line between the United States and Canada; and

by the said territorial line to the Lake of the Woods and Missis-

sippi. The middle State shall be bounded by the said direct

line, the Wabash from Post Vincents to the Ohio, by the Ohio,

• 56
 

Ordinance of 1787.                 57

 

by a direct line drawn due north from the mouth of the great

Miami to the said territorial line, and by the said territorial line.

The eastern State shall be bounded by the last mentioned direct

line, the Ohio, Pennsylvania and the said territorial line; Pro-

vided however, And it is further understood and declared that

the boundaries of these three States shall be subject so far to

be altered, that, if Congress shall hereafter find it expedient they

shall have authority to form one or two States in that part of

the said territory which lies north of an east and west line drawn

through the southerly bend or extreme of Lake Michigan. And

whenever any of the said States shall have sixty thousand free

inhabitants therein, such State shall be admitted, by its delegates,

into the Congress of the United States on an equal footing of

the original States in all respects whatever, and shall be at lib-

erty to form a permanent constitution and state government;

Provided, The constitution and government so to be formed shall

be republican and in conformity to the principles contained in

these articles, and, so far as it can be, consistent with the general

interests of the confederacy, such admission shall be allowed at

an earlier period and when there may be a less number of free

inhabitants in the State than sixty thousand.

 

ARTICLE VI.

There shall be neither slavery nor involuntary servitude in

the said territory otherwise than in the punishment of crimes,

whereof the party shall have been duly convicted; Provided,

always, That any person escaping into the same, from whom labor

or service is lawfully claimed in any one of the original States,

such fugitive may be lawfully reclaimed and conveyed to the

person claiming his or her labor or service as aforesaid.

Be it ordained by the Authority aforesaid, That the resolu-

tions of the 23d of April, 1784, relative to the subject of this ordi-

nance, be, and the same are hereby repealed and declared null

and void.

Done by the United States, in Congress assembled, the 13th

day of July in the year of our Lord 1787, and of their sovereignty

and independence the twelfth.

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58       Ohio Arch. and His. Society Publications.

 

 

DECISIONS REFERRING TO THE ORDINANCE.

Wallace v. Parker, 6, Pet. 680; Pollard v. Hagan; Parmoli

v. First Municipality, 3, How., 212, 589; Jones v. Van Zandt,

5, How., 215; Strader v. Graham, 10, How., 82; Pennsylvania

v. Wheeling Bridge Company, 18, How., 421; Bates v. Brown,

5, Wall., 710; Messenger v. Mason, 10, Wall., 507; Clinton v.

Engelbrecht, 13, Wall., 434; Langdean v. Hanes, 21, Wall., 521

Packett Company v. Keokuk, 95, U. S., 80; Spooner v. Mc-

Connell, 1, McLean, 336; Palmer v. Cuyahoga Co., 3, McLean,

226; Hogg v. Zanesville, etc., Co., 5, 0., 410; Perry v. Tor-

rence, 8, 0., 522; Hutchinson v. Thompson, 9, 0., 52; Cochran

v. Loring, 17, 0., 409.

 

 

 

DEED OF CESSION FROM VIRGINIA-1784.

To all who shall see these presents, we, Thomas Jefferson,

Samuel Hardy, Arthur Lee, and James Monroe, the underwritten

delegates for the commonwealth of Virginia in the Congress of

the United States of America, send greeting:

WHEREAS, The General Assembly of the commonwealth

of Virginia, at their session begun on the 20th day of October,

1783, passed an act, entitled "An act to authorize the delegates

of this State in Congress to convey to the United States in Con-

gress assembled all the right of this commonwealth to the territory

northwest of the River Ohio, in these words following, to-wit"

(here follows the act of cession:); and,

WHEREAS, The said General Assembly, by their resolution

of June 6, 1783, had constituted and appointed us, the said Thomas

Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, dele-

gates to represent the said commonwealth in Congress, for one

year from the first Monday in November then next following,

which resolution remains in full force:

Now, therefore, know ye, that we, the said Thomas Jefferson,

Samuel Hardy, Arthur Lee, and James Monroe, by virtue of the

power and authority committed to us by the act of the said General

• 58
 

Modified Cession of Virginia.          59

 

Assembly of Virginia before recited, and in the name, and for and

on behalf of, the said commonwealth, do, by these presents, con-

vey, transfer, assign, and make over unto the United States in

Congress assembled, for the benefit of the said States, Virginia

inclusive, all right, title, and claim, as well of soil as of jurisdiction,

which the said commonwealth hath to the territory or tract

of country within the limits of the Virginia charter, situate, lying,

and being to the northwest of the River Ohio, to and for the uses

and purposes and on the conditions of the said recited act.

In testimony whereof, We have hereunto subscribed our names

and affixed our seals, in Congress, the 1st day of March, in the

year of our Lord 1784, and of the Independence of the United

States the eighth.

 

 

MODIFIED CESSION OF VIRGINIA.

 

(ACT OF DEC. 30, 1788, 12 V., HEN. ST. VA., p. 780.)

SECTION 1. Whereas-the United States in Congress as-

sembled, did on the seventh day of July, in the year of our Lord

one thousand seven hundred and eighty-six, state certain reasons

showing that a division of the territory which hath been ceded

to the said United States by this commonwealth into States, in

conformity to the terms of cession, should the same be adhered

to, would be attended with many inconveniences, and did recon-

mend a revision of the act of cession, so far as to empower Con-

gress to make such division of the said territory into distinct

and republican states, not more than five, nor less than three in

number, as the situation of that country and future circumstances

might require.

And the said United States in Congress assembled, hath,

in an ordinance for the government of the territory northwest

of the river Ohio, passed on the thirteenth of July, one thousand

seven hundred and eighty-seven, declared the following as one

of the articles of compact between the original States and the

people and States in the said territory, viz: (Here the fifth article

of the Ordinance of July 13, 1787, is recited.)-And it is ex-

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60        Ohio Arch. and His. Society Publications.

 

pedient that this commonwealth do assent to the proposed alter-

ation, so as to ratify and confirm the said article of compact be-

tween the original States and the people and States in the said

territory;

Be it therefore enacted by the General Assembly, That the afore-

recited article of compact between the original States and the

people and states in the territory northwest of (the) Ohio River,

be, and the same is, hereby ratified and confirmed; anything

to the contrary, in the deed of cession of the said territory by

this commonwealth to the United States, notwithstanding.

 

 

 

VIRGINIA ACT OF RATIFICATION-1788.

WHEREAS, The United States in Congress assembled did,

on the 7th day of July, in the year of our Lord, 1786, state certain

reasons, showing that a division of the territory which had been

ceded to the said United States by this commonwealth into States,

in conformity to the terms of cession, should the same be adhered

to, would be attended with many inconveniences, and did recom-

mend a revision of the act of cession, so far as to empower Con-

gress to make such a division of the said territory into distinct

and republican States not more than five nor less than three in

number, as the situation of that country and future circumstances

might require; and the said United States in Congress assembled

have, in an ordinance for the government of the territory north-

west of the river Ohio, passed on the 13th of July, 1787, declared

the following as one of the articles of compact between the original

States and the people and States in the said territory, viz., (here

article 5 of the ordinance of 1787 is recited);

And it is expedient that this commonwealth do assent to the

proposed alteration, so as to ratify and confirm the said article

of compact between the original States and the people and States

in the said territory:

Be it therefore enacted by the General Assembly, That the afore-

recited articles of compact between the original States and the

people and States in the territory northwest of Ohio river be

• 60
 

The Northwest Territorial Government--1789.          61

 

and the same is hereby, ratified and confirmed, anything to the

contrary in the deed of cession of said territory by this common-

wealth to the United States notwithstanding.*

 

 

 

THE NORTHWEST TERRITORIAL GOVERN-

MENT-1789.

 

(FIRST CONGRESS, FIRST SESSION.)

An act to provide for the government of the Territory northwest of the

river Ohio.

WHEREAS, In order that the ordinance of the United

States in Congress assembled, for the government of the terri-

tory northwest of the river Ohio, may continue to have full effect,

it is requisite that certain provisions should be made, so as to

adapt the same to the present constitution of the United States:

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That in all

cases in which, by said ordinance, any information is to be given

or communication made by the Governor of the said territory

to the United States in Congress assembled, or to any of their

officers, it shall be the duty of said Governor to give such infor-

mation and to make such communication to the President of

the United States; and the President shall nominate, and, by

and with the advice and consent of the Senate shall appoint all

officers which, by said ordinance, were to have been appointed

by the United States in Congress assembled, and all officers so

appointed shall be commissioned by him; and in all cases where

the United States in Congress assembled might, by the said

 

* The act of Virginia of December 18, 1789, concerning the erection of

Kentucky into an independent State, contained the following proviso:

"Sec. 7. The use and navigation of the river Ohio, so far as the terri-

tory of the proposed State, or the territory which shall remain within the

limits of this commonwealth, lies therein, shall be free and common to the

citizens of the United States; and the respective jurisdictions of this com-

monwealth and of the proposed State, on the river as aforesaid, shall be

concurrent only with the States which may possess the opposite shores of

the said river."

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62        Ohio Arch. and His. Society Publications.

 

ordinance, revoke any commission or remove from any office,

the President is hereby declared to have the same powers of

revocation and removal.

SEC. 2. And be it further enacted, That in case of the death

removal, resignation, or necessary absence of the Governor of

the said territory, the Secretary thereof shall be, and he is hereby

authorized and required to execute all the powers and perform

all the duties of the Governor during the vacancy occasioned

by the removal, resignation, or necessary absence of the said

Governor.

 

 

CONCERNING THE CESSION OF THE WESTERN

RESERVE.

 

(ACT OF CONGRESS OF APRIL 28, 1800, 3 V. L. U. S., p. 364.)

SECTION 1. That the President of the United States be,

and he hereby is, authorized to execute and deliver letters patent,

in the name and behalf of the United States, to the Governor of

the State of Connecticut, for the time being, for the use and benefit

of the persons holding and claiming under the State of Connec-

ticut, their heirs and assigns, forever, whereby all rights, title in-

terest, and estate, of the United States, to the soil of that tract of

land lying west of the west line of Pennsylvania, as claimed by the

State of Pennsylvania, and as the same has been actually settled,

ascertained, and run, in conformity to an agreement between the

said State of Pennsylvania and the State of Virginia, and extend-

ing from said line, westward, one hundred and twenty statute miles

in length, and in breadth throughout the said limits in length,

from the completion of the forty-first degree of north latitude,

until it comes to forty-two degrees and two minutes north latitude,

including all that territory commonly called the Western Reserve

of Connecticut, and which was excepted by said State of Con-

necticut out of the cession by the said State heretofore made to

the United States, and accepted by a resolution of Congress of

the fourteenth of September, one thousand seven hundred and

eighty-six, shall be released and conveyed as aforesaid to the said

Governor of Connecticut, and his successors in said office, forever,

• 62
 

The Cession of the Western Reserve.        63

 

for the purpose of quieting the grantees and purchasers under

said State of Connecticut, and confirming their titles to the soil

of the said tract of land.

Provided, however, That such letters patent shall not be

executed and delivered, unless the State of Connecticut shall

within eight months from passing this act, by a legislative act,

renounce forever, for the use and benefit of the United States,

and of the several individual States who may be therein con-

cerned, respectively, and of all those deriving claims or titles from

them, or any of them, all territorial and jurisdictional claims

whatever, under any grant, charter, or charters whatever, lying

westward, nothwestward, and southwestward,of these counties in

the State of Connecticut, which are bounded westwardly by the

eastern line of the State of New York, as ascertained by agree-

ment between Connecticut and New York, in the year one thous-

and seven hundred and thirty-three, excepting only from such

renunciation the claim of said State of Connecticut, and of those

claiming from under the said State, to the soil of said tract of land,

herein described under the name of the Western Reserve of Con-

necticut.

And provided, also, That the said State of Connecticut shall,

within the said eight months for and after passing this act, by the

agent or agents of said State, duly authorized by the Legislature

thereof, execute and deliver, to the acceptance of the President

of the United States, a deed, expressly releasing to the United

States the jurisdictional claim of the said State of Connecticut,

to the said tract of land, herein described under the name of the

Western Reserve of Connecticut, and shall deposit an exemplifi-

cation of said act of renunciation, under the seal of the said State

of Connecticut, together with said deed, releasing said jurisdic-

tion, in the office of the Department of State of the United States;

which deed of cession, when so deposited, shall vest the jurisdic-

tion of said territory in the United States: Provided, That neither

this act, nor anything contained therein, shall be construed so

as in any manner to draw into question the conclusive settlement

of the dispute between Pennsylvania and Connecticut, by the

decree of the Federal Court at Trenton, nor to impair the right

of Pennsylvania, or any other State, or of any person or persons

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64         Ohio Arch. and His. Soeiety Publications.

 

claiming under that or any other State, in any existing dispute

concerning the right, either of soil or of jurisdiction, with the State

of Connecticut, or with any person or persons claiming under the

State of Connecticut: And provided, also, That nothing herein

contained shall be construed in any manner to pledge the United

States for the extinguishment of the Indian title to the said lands,

or further than merely to pass the title of the United States

thereto.*

 

 

THE NORTHWEST TERRITORIAL GOVERN-

MENT-1800.

 

(SIXTH CONGRESS, FIRST SESSION.)

An act to divide the Territory of the United States northwest of the Ohio

into two separate governments.

SECTION   1.  Be it enacted by the Senate and House of

Representatives of the United States of America in Congress as-

sembled, 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 inter-

sect the territorial line between the United States and Canada,

shall, for the purposes of temporary government, constitute a

separate territory and be called the Indiana Territory.

SEC. 2. And be it further enacted, That there shall be es-

 

* By Article IV, of the treaty of Fort Industry, July 4, 1805, it appears

that the " Proprietors of the half million of acres of land, lying south of

Lake Erie, called Sufferers' Land," furnished an annuity of one hundred

and seventy-five dollars to the Wyandots, Munsees, and Delawares, and

those of the Shawanos and Senecas who resided with the Wyandots. By

Article V, the Ottawas and Chippewas and such of the Pottawatamies as

resided on the river Huron received from said "Proprietors " the sum of

$4,000 in hand, who secured to the President, in trust for them, the further

sum of $12,000, payable in six annual installments, which several sums,

with $2916.67, to raise said sum of $175 annuity, over the consideration

paid by the agents of the Connecticut Reserve to extinguish the Indian

claims of that tract of land.

• 64
 

The Northwest Territorial Government - 1800.     65

 

tablished 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, privi-

leges, 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 compensation as by the ordinance aforesaid and the

laws of the United States have been provided and established

for similar offices in the territory of the United States northwest

of the river Ohio. And the duties and emoluments of the super-

intendent of Indian affairs shall be united with those of Governor;

Provided, That the President of the United States shall nave

full power, in the recess of Congress, to appoint and commission

all officers herein authorized; and their commissions shall con-

tinue 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 in the Indiana Territory, whenever

satisfactory evidence shall be given to the Governor thereof that

such is the wish of a majority of the freeholders, 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 upwards in said territory, the whole number of

Representatives 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 said territory agreeably to the number

of free males of the age of twenty-one years and upwards which

they may respectively contain.

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66       Ohio Arch. and His. Society Publications.

 

SEC. 5. Be it further enacted, That nothing in this act

contained 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 exer-

cise thereof within the Indiana Territory, from and after the

aforesaid fourth of July next; Provided, 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 independent

State and admitted into the Union on an equal footing with the

original States, thenceforth said line shall become and remain

permanently the boundary line between such States and the

Indiana Territory; anything in this act contained to the con-

trary notwithstanding.

SEC. 6. And be it further enacted, That until it shall be

otherwise ordered by the Legislatures of the said territories re-

spectively, Chillicothe, on Scioto River, shall be the seat of the

government of the territory 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.

 

 

 

DEED AND ACT OF CESSION OF CONNECTICUT.

 

(MAY 30, 1800, 1 V. L. U. S., p. 485.)

To all who shall see these presents, I, Jonathan Trumbull,

Governor of the State of Connecticut, send greeting:

WHEREAS, The General Assembly of the State of Con-

necticut, at their session holden in Hartford, on the second Thurs-

day of May, one thousand eight hundred, passed an act, entitled

"An act renouncing the claims of this State to certain lands

therein mentioned," in the words following to-wit:

"WHEREAS, The Congress of the United States, at their

session, begun and holden in the City of Philadelphia, on the

first Monday of December, in the year one thousand seven hun-

• 66
 

Deed and Act of Cession of Connecticut.      67

 

dred and ninety-nine, made and passed an act, in the words

following to-wit: (here follows the act of Congress, of the 28th

of April, 1800) therefore, in consideration of the terms, and in

compliance with the provisions and conditions of the said act,

Be it enacted by the Governor and Council, and House of Repre-

sentatives, in General Court assembled, That the State of Connecti-

cut doth hereby renounce forever, for the use and benefit of the

United States, and of the several individual States, who may be

therein concerned respectively, and of all those deriving claims or

titles from them or any of them, all territorial and jurisdictional

claims, whatever, under any grant, charter or charters whatever, to

the soil and jurisdiction of any and all lands whatever, lying west-

ward, northwestward, and southwestward, of those counties in

the State of Connecticut, which are bounded westerdly by the

eastern line of the State of New York, as ascertained by agree-

ment between Connecticut and New York, in the year one thous-

and seven hundred and thirty-three; excepting only from this

renunciation, the claim of the said State of Connecticut, and of

those claiming from or under the said State of Connecticut, to

the soil of said tract of land, in said act of Congress described

under the name of the Western Reserve of Connecticut; and,

Be it further enacted, That the Governor of this State for the

time being, be, and hereby is empowered, in the name and behalf

of this State, to execute and deliver to the acceptance of the Presi-

dent of the United States, a deed of the form and tenor directed

by the said act of Congress, expressly releasing to the United

States the jurisdictional claims of the State of Connecticut, to all

that territory called the Western Reserve of Connecticut, accord-

ing to the description thereof in said act of Congress, and in as

full and ample manner as therein is required.

Therefore, know ye, that I, Jonathan Trumbull, Governor

of the State of Connecticut, by virtue of the powers vested in me,

as aforesaid, do, by these presents, in the name and for and on

behalf of the said State, remise, release and forever quit-claim,

to the United States, the jurisdictional claim of the State of

Connecticut, to all that tract of land called, in the aforesaid act

of Congress, the Western Reserve of Connecticut, and as the

same therein under that name is particularly and fully described.

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68        Ohio Arch. and His. Society Publications.

 

In witness whereof, I have hereunto subscribed my name,

and affixed my seal, in the council chamber at Hartford, in the

State of Connecticut, this thirtieth day of May, in the year of

our Lord, one thousand eight hundred, and in the twenty-fourth

year of the independence of the United States.

JONATHAN TRUMBULL (L. S.).

 

 

TERRITORIAL ASSENT TO ALTERATION OF BOUND-

ARY OF TERRITORY OF NORTHWEST.

ACT OF DEC. 21, 1801. FIRST SESSION GENERAL ASSEMBLY

NORTHWEST TERRITORY.

An act declaring the assent of the territory northwest of the river Ohio to

an alteration in the ordinance for the government thereof.

SECTION 1. That as soon as the Congress of the United

States shall declare their assent thereto, the aforesaid ordinance for

the government of the territory northwest of the river Ohio, done

by the United States in Congress assembled, on the thirteenth

day of July, in the year of our Lord one thousand seven hundred

and eighty-seven, and of their sovereignty and independence the

twelfth, shall be altered so far as the same relates to the boun-

daries of the three States that are first hereafter to be erected

in the said territory, and in the stead thereof, the boundaries of

the said states shall be fixed and established as follows, to wit:

The western State in the said territory shall be bounded by the

Mississippi, the Ohio, and line beginning at a point on the Ohio

river, where the same is intersected by the western boundary of

the land granted to General George Rogers Clark, and the offi-

cers and soldiers of his regiment; thence running directly to

the head of Chickagua River; thence by the said river to Lake

Michigan; thence by a line drawn due north to the territorial

line between the United States and Canada; and by the said ter-

ritorial line to the Lake of the Woods and the Mississippi.

The middle State shall be bounded by the eastern boundary

of the aforesaid western State, by the Ohio River to the mouth

of the Scioto River, by the Scioto River to the Indian boundary

line, as established in the treaty of Greenville; by a direct line

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Application to Erect the Northwest Ter. into a State.  69

 

drawn from thence to the southwest corner of the Connecticut

Reserve; thence by a line due north to the territorial line, and

by the said territorial line.

The eastern State shall be bounded by the said eastern boun-

dary of the middle State; by the Ohio to the Pennsylvania line;

by the Pennsylvania line to the territorial line, and by the said ter-

ritorial line.

Provided always, That nothing herein contained shall be in-

tended to annul or in any way affect the authority of Congress

to form one or two States in that part of the said territory which

lies north of an east line drawn through the southerly bend of

Lake Michigan.

 

APPLICATION TO ERECT THE NORTHWEST TERRI-

TORY INTO A STATE.

(SEVENTH CONGRESS, FIRST SESSION. NO. 156.)

Communicated to the House of Representatives, March 4,1802.

Mr. Giles made the following report:

The committee to whom was referred the census of the

inhabitants of the territory northwest of the Ohio, with instruc-

tions to report "whether any and what, measures ought at this

time be taken, for enabling the people of the said territory to

form a government for themselves, to be admitted into the Union

upon the same terms with the original States"; to whom were

also referred the representation of sundry inhabitants of the said

territory, complaining of an act passed by the Legislature of the

said territory for altering the boundary lines of the State therein

as established by the ordinance of Congress of the 13th of July,

1787, etc., etc.; and other representations praying that provision

may be made for enabling the people of the said territory to form

for themselves a State government, to be admitted into the Union

upon the same footing with the original States, etc.; after having

bestowed on these interesting subjects all the attention their

importance requires, report:

That it appears to your committee, that the ordinance of

the 13th of July, 1787, between the original States and the people

and State within the territory northwest of the river Ohio, con-

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70        Ohio Arch. and His. Society Publications.

 

tains the following stipulation: that "Whenever any of the said

States shall have sixty thousand free inhabitants therein, such

State shall be admitted by its delegates into the Congress of the

United States, on an equal footing with the original States in

all respects whatever; and shall be at liberty to form a permanent

constitution and State government; provided the constitution

and government so to be formed shall be republican, and in con-

formity to the principles contained in these articles; and, so far

as it can be consistent with the general interest of the confed-

eracy, such admission shall be allowed at an earlier period, and

when there may be a less number of free inhabitants in the State

than sixty thousand." It also appears from the census of the

inhabitants within the eastern division of the said territory, taken

more than twelve months since, in virtue of a law of the United

States for that purpose, that there were then in the said eastern

division forty-five thousand three hundred and sixty-five inhab-

itants, from which are to be deducted three thousand four hun-

dred inhabitants living north and west of the line proposed for

the boundary of the said eastern division.

It appears, that since the time of taking the census, the

United States have sold five hundred and fifty-three thousand

nine hundred and ninety-five acres of lands within the eastern

division of the territory, amounting in value to $1,147,585. It

appears, from the best information to be procured, that, in the

year 1794, the number of inhabitants within the present eastern

division of the territory did not exceed six thousand. From the

progressive increase of population since that period, and the sale

of lands recently made by the United States, it is probable that,

before all the measures necessary for the formation of a consti-

tution, putting into operation a State government, and its admis-

sion into the Union, can be effectuated, the number of inhabitants

will amount to sixty thousand; the number requisite, according

to the terms of the ordinance, for giving them an absolute right

of forming a constitution and State government for themselves,

as well as the absolute right of admission into the Union, upon

the same footing with the original States, in all respects whatever.

It also appears to your committee, that great and increasing

disquietudes exist among the inhabitants within the territory,

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Application to Erect the Northwest Ter. into a State.  71

 

from various occasions, and particularly in consequence of the

act lately passed for altering the boundary lines of the States in

the territory, as established by the ordinance of the 13th of July,

1787.

Your committee, from a due consideration of all the fore-

going circumstances, are of opinion, that it is at this time expe-

dient to make provisions for enabling the people within the east-

ern division of the territory northwest of the river Ohio to form

for themselves a constitution and State government, to be admitted

into the Union upon the same footing with the original States

in all respects whatever; and that such admission, at this time,

is consistent with the general interests of the confederacy, accord-

ing to the said ordinance, although the number of inhabitants

may not amount to sixty thousand. The committee therefore

recommend the following resolutions:

Resolved, 1) That provision ought at this time to be made,

by law, for enabling the inhabitants of the eastern division of

the territory northwest of the river Ohio to form for themselves

a constitution and State government, provided the same be repub-

lican, and not repugnant to the ordinance for the government of

the territory northwest of the river Ohio, of the 13th of July,

1787, nor repugnant to the constitution of the United States;

and also for the admission of such State, when the government

thereof shall be formed, into the Union, upon the same footing

with the original States, in all respects whatever, by the name

of the State of -- -.

Resolved, 2) That the said State of ---------- ought to con-

sist of all the territory included within the following boundaries,

to-wit:Bounded on the east by the Pennsylvania line, running

from the territorial line in Lake Erie to the Ohio; on the south

by the Ohio, to the mouth of the Great Miami; on the west by a

line drawn due north, from the mouth of the Great Miami afore-

said; 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 terri-

torial line, and thence with the same through Lake Erie,

to the Pennsylvania line afroesaid, or place of beginning;

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provided, that Congress shall, at any time hereafter, be at

liberty either to attach all the territory 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 afore-

said to Lake Erie, to the aforesaid State, or dispose of it other-

wise, in conformity to the fifth article of compact between the

original States and the people and States to be formed in the

territory northwest of the Ohio.

Resolved, 3) That provision ought to be made, by law, for

calling a convention within the eastern division of the territory,

to be composed of members to be apportioned amongst the

several counties therein, in a ratio of one representative for every

---- inhabitants of the said counties, according to the last

enumeration of inhabitants thereof; also for fixing the time,

place, and mode of making elections of members to compose

such convention, and the time and place for the meeting of the

same; which convention, when met, shall first determine, by a

majority of the members present (provided the number present

shall be a majority of the whole number chosen), whether it be

or be not expedient, at that time, to form a constitution and State

government for the people within the said territory; and if it be

determined to be expedient then, in the next place, the conven-

tion shall be authorized to form a constitution and State govern-

ment; provided the same shall be republican, and not repugnant

to the ordinance of the 13th of July, 1787, between the original

States and the people and the States of the territory northwest

of the river Ohio, nor repugnant to the Constitution of the United

States.

Resolved, 4) That until the next general census shall be taken,

the State of ------ shall be entitled to  --- representatives

in the House of Representatives of the United States.

The committee observed, in the ordinance for ascertaining

the mode of disposing of lands in the western territory of the 20th

of May, 1785, the following section, which, so far as respects

the subject of schools, remains unaltered:

"There shall be reserved for the United States out of every

township, the four lots, being numbered 8, 11, 26, 29, and out

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Application to Erect the Northwest Ter. into a State.  73

 

of every fractional part of a township so many lots of the same

numbers as shall be found thereon for future sale. There shall

be reserved the lot No. 16, of every township, for the maintenance

of public schools within the said township; also one-third part

of all gold, silver, lead, and copper mines, to be sold, or otherwise

disposed of as Congress shall hereafter direct."

The committee also observed, in the third and fourth articles

of the ordinance of the 13th of July, 1787, the following stipula-

tions, to-wit: Article three, "Religion, morality, and knowledge

being necessary to good government and the happiness of man-

kind, schools and the means of education shall forever be en-

couraged," etc.

Article four, "The Legislatures of those districts of the new

States shall never interfere with the primary disposal of the soil

by the United States in Congress assembled, nor with any regu-

lations Congress may find necessary for securing the title in

such soil to the bona fide purchasers. No tax shall be imposed

on lands the property of the United States; and in no case shall

non-resident proprietors be taxed higher than residents."

The committee, taking into consideration these stipulations,

viewing the lands of the United States within the said territory

as an important source of revenue; deeming it also of the highest

importance to the stability and permanence of the union of the

eastern and western parts of the United States, that the inter-

course should, as far as possible, be facilitated, and their interests

be liberally and mutually consulted and promoted, are of opinion

that the provisions of the aforesaid articles may be varied for

the reciprocal advantage of the United States and the State of

--- --- when formed, and the people thereof; they have there-

fore deemed it proper, in lieu of the said provisions, to offer the

following propositions to the convention of the Eastern State

of the said territory, when formed, for their free acceptance or

rejection, without any condition or restraint whatever, which,

if accepted by the convention, shall be obligatory upon the United

States:

1st. That section No. 16, in every township, sold, or

directed to be sold by the United States, shall be granted to the

inhabitants of such township for the use of schools.

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2d. That the six miles reservation, including the salt

springs, commonly called the Scioto salt springs, shall be granted

to the State of   -   when formed, for the use of the people

thereof; the same to be used under such terms, conditions, and

regulations, as the Legislature of the said State shall direct;

provided the said Legislature shall never sell, nor lease the same

for a longer term than - years.

3d. That one-tenth part of the net proceeds of the lands

lying in the said State, hereafter sold by Congress, after deducting

all expenses incident to the same, shall be applied to the laying

out and making turnpike or other roads, leading from the navi-

gable waters emptying into the Atlantic to the Ohio, and con-

tinued afterwards through the State of ------; 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

that the convention of the State of -     shall, on his part,

assent that every and each tract of land sold by Congress shall

be and remain 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 ten years, from and

after the completion of the payment of the purchase money on

such tract to the United States.

 

 

ENABLING ACT FOR OHIO-1802.

 

(SEVENTH CONGRESS, FIRST SESSION.)

 

An act to enable the people of the eastern division of the territory north-

west of the river Ohio to form a constitution and State government

and for the admission of such State into the Union on an equal foot-

ing with the original States, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of

Representatives of the United States of America in Congress as-

sembled, That the inhabitants of the eastern division of the ter-

ritory northwest of the river Ohio, be, and they are hereby,

authorized to form for themselves a constitution and State gov-

ernment, and to assume such name as they shall deem proper,.

and the said State, when formed, shall be admitted into the Union

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Enabling Act for Ohio -  1802.            75

 

upon the same footing with the original States in all respects

whatever.

SEC. 2. And be it further enacted, That the said State shall

consist of all the territory included within the following boun-

daries, 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 the 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 Con-

gress shall be at liberty at any time hereafter either to attach

all the territory 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 ex-

treme 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

people 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

territory of the United States northwest of the river Ohio, here-

tofore included 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, never-

theless, to be hereafter disposed of by Congress, according to

the right reserved in the fifth article of the ordinance aforesaid,

and the inhabitants therein entitled to the same privileges and

immunities, and subject to the same rules and regulations in all

respects whatever, with all other citizens residing within the In-

diana Territory.

SEC. 4. And be it further enacted, That all male citizens

of the United States, who shall have arrived at full age and

reside within the said territory at least one year previous to the

day of election, and shall have paid a territorial or county tax,

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76       Ohio Arch. and His. Society Publications.

 

and all persons having in other respects the legal qualifications to

vote for Representatives in the General Assembly of the terri-

tory, be, and they are hereby, authorized to choose Representa-

tives to form a convention, who shall be appointed 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 au-

thority 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 Representatives, 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 Washing-

ton Counties; 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 Tues-

day of October next, the time fixed by a law of the territory en-

titled "An act to ascertain the number of free male inhabitants

of the age of twenty-one in the territory of the United States

northwest of the river Ohio, and to regulate the elections of

Representatives 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 convention, thus duly elected, be, and they are hereby, au-

thorized 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 constitution and State govern-

ment for the people within the said territory, and if it be deter-

mined to be expedient, the convention shall be, and hereby are,

authorized to form a constitution and State government, or, if

it be deemed more expedient, the said convention shall provide

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Enabling Act for Ohio -1802.            77

 

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 ordi-

nance; and shall form for the people of the said State a consti-

tution and State government, provided the same shall be repub-

lican, 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 Representative in the House of Representatives of the United

States.

SEC. 7. And be it further enacted, That the following pro-

positions 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 rejection, which, if accepted by the convention,

shall be obligatory upon the United States:

First. That the section, number sixteen, 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 Muskingum 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 Legis-

lature of the said State shall direct; Provided, The said Legis-

lature shall never sell nor lease the same for a longer period than

ten years.

Third. That one-twentieth part of the net proceeds of the

lands lying within the said State sold by Congress, from and

after the thirtieth day of June next, after deducting all expenses

incident to the same, shall be applied to the laying out and mak-

ing public roads, leading from the navigable waters emptying into

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78       Ohio Arch. and His. Society Publications.

 

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

said State shall provide, by an ordinance irrevocable without the

consent of the United States, that every and each tract of land

sold by Congress from and after the thirtieth day of June next,

shall be and remain 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.

 

 

PROPOSITIONS

FROM THE OHIO CONSTITUTIONAL CONVENTION TO THE CON-

GRESS OF THE UNITED STATES, RELATING TO THE AD-

MISSION OF OHIO.

(ORDINANCE AND RESOLUTION PASSED IN CONVENTION, NOV. 29, 1802,

21 V., L. O., p. 44.)

We, the representatives of the people of the eastern division

of the territory northwest of the river Ohio, being assembled

in convention pursuant to an act of Congress, entitled "An act to

enable the people of the eastern division of the territory north-

west of the river Ohio to form a constitution and State govern-

ment, and for the admission of such State into the Union on an

equal footing with the original States, and for other purposes":

and, having had under our consideration the propositions offered

by the said act, for our free acceptance or rejection, do resolve

to accept of the said propositions, provided the following addi-

tion to and modification of the said propositions shall be agreed

to by the Congress of the United States, viz:

That, in addition to the first proposition, securing the sec-

tion No. 16, in every township within certain tracts, to the inhab-

itants thereof, for the use of schools, a like donation, equal to the

one thirty-sixth part of the amount of the lands in the United

States Military Tract, shall be made for the support of schools

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Propositions, Etc.                   79

 

within that tract; and that the like provision shall be made for

the support of schools in the Virginia reservation, so far as the

unlocated lands in that tract will supply the proportion afore-

said, after the warrants issued from said State have been satis-

fied; and, also, that a donation of the same kind, or such pro-

visions as Congress shall deem expedient, shall be made to the

inhabitants of the Connecticut Reserve.

That all the lands which may hereafter be purchased of the

Indian tribes by the United States, and lying within the State of

Ohio, the one thirty-sixth part shall be given, as aforesaid, for

the support of public schools.

That all lands before mentioned to be appropriated by the

United States for the support of schools shall be vested in the

Legislature of this State, in trust, for said purpose.

That not less than three per cent. of the net proceeds of the

lands of the United States lying within the limits of the State

of Ohio, sold and to be sold after the thirtieth day of June last,

shall be applied in laying out roads within the State, under the

direction of the Legislature thereof.

And if the Congress of the United States shall agree to the

above addition to and modification of the said propositions, it is

hereby declared and ordained, that every and each tract of land

sold or to be sold by Congress, from and after the thirtieth day

of June last, shall be and remain exempt from any tax laid by

order or under the authority of this State, whether for State,

county, township, or any other purpose whatever, for the term

of five years after the day of sale, to be reckoned from the date

of certificate of the first quarterly payment.

That whereas Congress, by a law entitled "An act author-

izing the grant and conveyance of certain lands to John Cleves

Symmes and his associates," passed the fifth day of May, 1792,

did authorize the President of the United States to convey, by

letters patent, unto the said John Cleves Symmes and his asso-

ciates, their heirs and assigns, a certain tract of land therein

described; and did further authorize the President, by the act

aforesaid, to grant and convey unto the said John Cleves Symmes

and his associates, their heirs and assigns, in trust, for the pur-

pose of establishing an academy and other public schools and

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80       Ohio Arch. and His. Society Publications.

 

seminaries of learning, one complete township, to be included

and located within such limits and lines of boundary as the Pres-

ident may judge expedient; and, in pursuance thereof, the Pres-

ident did convey unto the said John Cleves Symmes and his

associates, their heirs and assigns, by his letters patent, the afore-

said one complete township, to be located and accepted by the

Governor of the territory northwest of the river Ohio; and, inas-

much as the township aforesaid has never been located and ac-

cepted, agreeable to the provision of the said act:

The convention recommend the following propositions to

Congress, as an equivalent for the one complete township afore-

said, to wit: The lots numbered 8, 11, and 26, reserved in the

several townships for the future disposition of Congress, or so

many of the said lots as will amount to the number contained

in the aforesaid complete township, to be vested in the Legis-

lature, in trust, to and for the purposes for which the said town-

ship was originally intended to be designated by the Legislature

of this State.

Resolved, That Thomas Worthington be appointed a special

agent to lay the aforesaid resolution and propositions before

Congress; and that said agent do endeavor to procure the assent

of Congress thereto.

Passed in convention, at Chillicothe, the 29th day of No-

vember, 1802.

EDWARD TIFFIN,

THOMAS SCOTT,              President of the Convention.

Secretary.

 

 

FIRST CONSTITUTIONAL CONVENTION, CCNVENED

NOVEMBER 1, 1802.

 

JOURNAL OF THE CONVENTION.

Begun and held at the town of Chillicothe, in the county of

Ross, and territory aforesaid, on the first Monday in November

(being the first day thereof) in the year of our Lord one thousand

eight hundred and two, and of the Independence of the United

States of America the twenty-seventh.

On which day, being the time and place appointed for the

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First Constitutional Convention.       81

 

meeting of the convention for the purpose of forming a consti-

tution and State government, by the act of Congress entitled

"An act to enable the people of the eastern division of the ter-

ritory northwest of the Ohio River 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," the following members appeared, who produced cer-

tificates of their having been duly chosen to serve in the conven-

tion, and having severally taken the oath of fidelity to the United

States, and also an oath faithfully to discharge the duties of their

office, took their seats, to wit:

From the county of Adams: Joseph Darlinton, Thomas

Kirker and Israel Donaldson.

From the county of Belmont: James Caldwell.

From the county of Hamilton: Francis Dunlavy, Joseph

Paul, Jermiah Morrow, John Wilson, Charles Willing Byrd,

William Goforth, John Smith and John Reily.

From the county of Jefferson: Rudolph Bair, John Milligan

and George Humphrey.

From the county of Ross: Edward Tiffin, Nathaniel Massie,

Thomas Worthington, Michael Baldwin and James Grubb.

From the county of Trumbull: Samuel Huntington.

On motion, the convention proceeded to the choice of a

President protempore, when William Goforth, Esq., was chosen

and took the chair.

On motion the convention proceeded to the choice of a Sec-

retary protempore; whereupon Mr. William McFarland was

chosen and proceeded to the duties of his office.

On motion,

Resolved, That a standing committee of Privileges and Elec-

tions, to consist of five members, be chosen by ballot, whose duty

shall be to examine and report upon the credentials of the mem-

bers returned to serve in the convention, and to take into con-

sideration all such matters as shall or may be referred to them,

touching returns and elections, and to report their proceedings,

with their opinion thereon, to the convention.

And a committee was appointed of Mr. Worthington, Mr.

Darlington, Mr. Smith, Mr. Milligan and Mr. Huntington.

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82       Ohio Arch. and His. Society Publications.

 

On motion the convention proceeded, by ballot, to the choice

of a door-keeper, to serve during the pleasure of the convention;

and upon examining the ballots, a majority of the votes was found

in favor of Adam Betz.

On motion,

Ordered, That a committee of three be appointed to prepare

and report rules for the regulation and government of the con-

vention; and that Mr. Reily, Mr. Milligan and Mr. Worthington,

be the said committee.

And then the convention then adjourned until to-morrow

morning, ten o'clock.

 

Tuesday, November 2, 1802.

Several other members, to wit: From the county of Belmont,

Elijah Woods; from the county of Fairfield, Emanuel Carpenter

and Henry Abrams; from the county of Jefferson, Bazaleel Wells

and Nathan Updegraff; from the county of Hamilton, John W.

Browne; and from the county of Washington, Rufus Putnam,

Ephraim Cuttler, John McIntire and Benjamin Ives Gilman, ap-

peared, who severally produced certificates of their having been

chosen as members of the convention, and having taken the oath

of fidelity to the United States, and also an oath faithfully to dis-

charge the duties of their office, took their seats.

Mr. Worthington, from the committee of Privileges and

Elections, to whom was referred the several returns of election

of members to serve in the convention, made a report, which he

delivered in at the Secretary's table, where the same was read in

the words following, to wit:

The committee of Privileges and Elections, to whom was

referred the certificates of the elections of the following members,

viz:

From the county of Adams: Joseph Darlington, Thomas

Kirker and Israel Donaldson, Esquires.

From the county of Belmont: James Caldwell, Esquire.

From the county of Clermont: Philip Gatch and James Sar-

gent, Esquires.

From the county of Hamilton: Francis Dunlavy, John Paul,

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First Constitutional Convention.       83

 

Jermiah Morrow, John Wilson, Charles Willing Byrd, William

Goforth, John Smith and John Reily, Esquires.

From the county of Jefferson: Rudolph Bair, John Milligan

and George Humphrey, Esquires.

From the county of Ross, Edward Tiffin, Nathaniel Massie,

Thomas Worthington, Michael Baldwin and James Grubb, Es-

quires.

From the county of Trumbull: Samuel Huntington, Esquire.

Having carefully examined the same, find them regular and

agreeable to a law of the territory entitled "An act to ascertain

the number of free male inhabitants of the age of twenty-one

in the territory of the United States northwest of the river Ohio;

and to regulate the elections of the Representatives of the same;"

and that the members aforesaid, from the certificates to us re-

ferred, appear duly elected.

The said report was again read; and on the question, there-

upon agreed to by the convention.

On motion,

Resolved, That the convention proceed, by ballot, to the

choice of a President.

The convention accordingly proceeded to choose their Pres-

ident; and, upon examining the ballots, it was found that Edward

Tiffin, Esquire, was duly chosen, who accordingly took his seat

in the chair, and delivered the following address:

Gentlemen: I beg you to be assured that I duly appreciate

the honor you have conferred in selecting me to preside over

your deliberations on this important occasion; the duties of the

chair will, I presume, be pleasing and easy, for, from the known

characters of the gentlemen who compose this convention, there

can be no doubt but that the utmost propriety and decorum will

be observed, without the aid of interference from the chair.

Whatever rules you may adopt for the government of the con-

vention shall be strictly observed; and in every decision, which

may be required from the chair, the utmost impartiality shall be

evinced.

On motion,

Resolved, That the convention proceed, by ballot, to the

choice of a Secretary, and that the person having a plurality of

votes be elected.

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84       Ohio Arch. and His. Society Publications.

 

The convention accordingly proceeded to choose their Sec-

retary, and, upon examining the ballots, it was found that Thomas

Scott, Esquire, was duly chosen, who thereupon took the oath

of fidelity to the United States, and also an oath faithfully to

discharge the duties of his office.

On motion,

Resolved, That the convention proceed, by ballot, to the

choice of an Assistant-Secretary.

The convention accordingly proceeded to the choice of an

Assistant-Secretary; and, upon examining the ballots, a majority

of the votes of the whole number was found in favor of Mr. Wil-

liam McFarland, who thereupon took the oath of fidelity to the

United States, and also an oath faithfully to discharge the duties

of his office.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

Wednesday, November 3, 1802.

Another member, to wit, from the county of Hamilton, John

Kitchel, who appeared, produced a certificate of his having been

duly chosen as a member of the convention; and having taken

the oath of fidelity to the United States, and also an oath faith-

fully to discharge the duties of his office, took his seat.

Mr. Reily, from the committee appointed to prepare and

report rules for the regulation and government of the conven-

tion, made a report which was received and read; whereupon,

Resolved, That the same be established as the standing rules

and orders of the convention.

 

STANDING RULES AND ORDERS OF THE CONVENTION.

1. The President shall take the chair every day at the hour

to which the convention shall have adjourned on the preceding

day; shall immediately call the members to order; and, on the

appearance of a quorum, shall cause the Journal of the preced-

ing day to be read.

2. The President shall preserve decorum and order; may

speak to points of order in preference to other members, rising

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First Constitutional Convention.         85

 

from the chair for that purpose; and shall decide questions of

order, subject to an appeal to the convention by any one member.

3. The President, rising from his seat, shall distinctly put

the question in this form, viz: "You who are of opinion that (as the

case may be) say Aye; contrary opinion say No."

4. If the President doubts, of a division be called for, the

members shall divide -those in the affirmative first rising in

their seats, and afterwards those in the negative. If a count be

required by any member, the President shall name two members,

one from each side, to tell the numbers, beginning with the affirm-

ative, report of the same being made to the President, he, rising

from his seat, shall state the decision.

5. Any member may call for a statement of the question,

which the President may give sitting.

6. The President, with five members, shall be a sufficient

number to adjourn; seven to call a House and send for absent

members, and make an order for their censure or discharge; and

a majority of the whole number, consisting of two-thirds of the

whole number elected, be a quorum to proceed to business.

7. When a member is about to speak in debate or deliver

any matter to the convention, he shall rise from his seat and

respectfully address himself to the Mr. President.

8. If any member, in speaking or otherwise, trangress the

rules, the President shall, or any member may, call to order;

in which case the member so called to order shall immediately

sit down, unless permitted to explain; and the convention shall,

if appealed to, decide on the case, but without debate. If the

decision be in favor of the member called to order he shall be

at liberty to proceed; if otherwise, and the case require it, he

shall be liable to the censure of the convention.

9. When two or more happen to rise at the same time, the

President shall name the person who is first to speak.

10. No member shall speak more than twice to the same

question, without leave of the Convention.

11. While the President is putting the question or address-

ing the convention, none shall walk out or across the room; nor,

when a member is speaking, entertain private discourse or pass

between him and the chair.

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12. No member shall vote on any question or in any case

where he was not present when the question was put.

13. Upon calls of the convention for taking the yeas and

nays on any question, the names of the members shall be called

alphabetically; and each member shall answer from his seat.

14. Any member shall have the right to call for the yeas

and nays, provided he shall request it before the question be put.

15. When a motion is made and seconded, it shall be stated

by the President, or, being in writing, shall be read aloud by the

Secretary; and every motion shall be reduced to writing, if the

President or any member require it.

16. Any member may call for a division of the question,

where the sense will admit of it.

where the sense will admit of it.

17. Each member shall particularly forbear personal re-

flection; nor shall any member name another in argument or

debate.

18. After a motion is stated by the President or read by

the Secretary, it shall be deemed to be in posession of the con-

vention, but may be withdrawn at any time before a decision or

amendment.

19. When a question is under debate, no motion shall be

received unless it be the previous question, or for amending or

committing the original motion or subject in debate.

20. The previous question shall be in this form, "Shall the

main question be now put?" It shall only be admitted when

demanded by three members; and, until it is decided, it shall

preclude all amendment and further debate on the original

motion.

21. In taking the sense of the convention, a majority of the

votes of the members present shall govern.

22. If any member fails in attending to his duty, such officer

as may be appointed for that purpose, by order of the convention

shall take him into custody, for which the officer shall receive one

dollar per day for the time he is traveling to and fro from the

place of residence of the member, and until he is admitted to

his seat, to be paid by the delinquent.

23. No resolution, section, or article in the constitution shall

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be finally concluded and agreed upon, until the same shall have

received three general readings.

24. The convention shall resolve itself into a committee of

the whole when deemed necessary; and, when in committee of

the whole, shall be governed by the foregoing rules, except that

in committee of the whole, any member shall speak as often as

he may think proper.

25. The President shall appoint committees, liable to addi-

tion or amendment, on the motion of any member, unless other-

wise directed by the convention.

26. A motion to adjourn shall always be in order, and be

decided without debate.

A motion was made and seconded, that Arthur St. Clair,

Sen., Esq., be permitted to address the convention on those points

which he deems of importance.

And on the question thereupon it was resolved in the affirm-

ative-yeas, 19; nays, 14.

Those who voted in the affirmative are:

Messrs. Bair, Browne, Caldwell, Cutler, Dunlavy, Gilman,

Humphrey, Huntington, McIntire, Massie, Morrow, Paul, Put-

nam, Reily, Sargent, Smith, Updegraf, Wells and Woods.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Carpenter, Darlington, Donald-

son, Gatch, Goforth, Grubb, Kitchel, Kirker, Milligan, Wilson

and Worthington.

And thereupon Arthur St. Clair, Sr., Esq., was permitted to

address the convention.

On motion, leave was given to lay before the convention a

resolution on the subject of forming a constitution and State gov-

ernment; which resolution was received and read the first time.

On motion, the said resolution was read the second time;

and thereupon

Resolved, That the convention will immediately resolve itself

into a committee of the whole on the said resolution.

The convention accordingly resolved itself into the said

committee, Mr. Goforth in the chair, and after some time spent

therein, Mr. President resumed the chair, and Mr. Goforth re-

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ported that the committee had, according to order, had the said

resolution under consideration and made no amendment thereto.

The said resolution was then amended at the Secretary's

table and read the third time; on the question that the convention

do agree to the same, in the words following;

WHEREAS, Congress did, by the law entitled, "An act to

enable the people of the eastern division of the territory north-

west of the river Ohio, to form a constitution and State govern-

ment, and for the admission of said State into the Union, on an

equal footing with the original States, and for other purposes"

(provide), that the members of the convention thus duly elected,

agreeably to the act aforesaid, when met, shall first determine,

by a majority of the whole number elected, whether it be or not

be expedient, at this time, to form a constitution and a State gov-

ernment for the people within the said territory; therefore,

Resolved, That it is the opinion of the convention, that it is

expedient, at this time, to form a constitution and State govern-

ment.

It was resolved in the affirmative: Yeas, 32; nays, 1.

The yeas and nays being demanded, those who voted in

the affirmative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Caldwell,

Carpenter, Darlinton, Donaldson, Dunlavy, Gatch, Gilman, Go-

forth, Grubb, Humphrey, Huntington, Kirker, Kitchel, McIntire,

Massie, Milligan, Morrow, Paul, Putnam, Reily, Sargent, Smith,

Updegraff, Wells, Wilson, Woods and Worthington.

The vote in the negative was Mr. Cutler.

On motion,

Resolved, That a committee be appointed, to consist of one

member from each county, to prepare and report a preamble

and the first article of the constitution.

And a committee was appointed, to-wit: From the county

of Hamilton, Mr. Byrd; from the county of Clermont, Mr. Gatch;

from the county of Adams, Mr. Darlinton; from the county of

Ross, Mr. Massie; from the county of Fairfield, Mr. Carpenter;

from the county of Washington, Mr. Putnam; from the county

of Jefferson, Mr. Milligan; from the county of Trumbull, Mr.

Huntington, and from the county of Belmont, Mr. Caldwell.

On motion,

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First Constitutional Convention.        89

 

Ordered, That the following persons be added to the said

committee, to-wit: From the county of Hamilton, Mr. Paul and

Mr. Smith; from the county of Adams, Mr. Kirker; from the

county of Ross, Mr. Worthington; from the county of Wash-

ington, Mr. Gilman, and from the county of Jefferson, Mr. Wells.

On motion,

Ordered, That Mr. McFarland, Assistant Secretary, attend

the said committee.

On motion,

Resolved, That a committee of two be appointed to provide

fuel and stationery; also, to contract for the necessary printing

for the convention, and that Mr. Massie and Mr. Grubb be the

said committee.

Mr. Worthington, from the committee of Privileges and

Elections, to whom was referred the several returns of elections

of members to serve in the convention, made a report, which he

delivered in at the Secretary's table, where the same was read as

followeth:

The committee of Privileges and Elections, to whom was

referred the certificates of election of the following members,

viz: From the county of Belmont, Elijah Woods, Esq.; from the

county of Fairfield, Emanuel Carpenter and Henry Abrams,

Esqs.; from the county of Hamilton, John W. Browne and John

Kitchel, Esqs.; from the county of Jefferson, Nathan Updegraff

and Bazaleel Wells, Esqs., and from the county of Washington,

Rufus Putnam, Ephraim Cutler, John McIntire and Benjamin

Ives Gilman, Esqs., having carefully examined the same, report

that from the certificates to us referred the members aforesaid

appear duly elected.

The said report was again read; and, on the question there-

upon, agreed to by the convention.

And then the convention then adjourned until to-morrow,

12 o'clock.

 

 

Thursday, November 4, 1802.

Mr. Putnam, from the committee appointed to prepare and

report a preamble, and the first article of the constitution, re-

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90       Ohio Arch. and His. Society Publications.

 

ported a preamble to the constitution, which was received and

read the first time; whereupon,

Resolved, That the convention will immediately resolve itself

into a committee of the whole convention on the said preamble.

The convention, accordingly, resolved itself into the said

committee, Mr. Reily in the chair; and, after some time spent

therein, Mr. President resumed the chair, and Mr. Reily reported

that the committee had, according to order, had the said pre-

amble under consideration, and made an amendment thereto,

which he delivered in at the Secretary's table.

Ordered, That the said preamble, with the amendment, do-

lie on the table.

On motion,

Ordered, That the committee appointed to provide fuel and

stationery, also to contract for the printing for the present con-

vention, be directed to inquire of the printer what seven hun-

dred copies of the Journal and constitution will cost; what every

additional three hundred copies will cost, and report the same

to the convention.

On motion,

Ordered, That a committee of three be appointed to revise

the Journal of the convention before it goes to the press.

And a committee was appointed of Mr. Reily, Mr. Gilman

and Mr. Donaldson.

On motion,

Ordered, That a committee of nine be appointed to prepare

and report a bill of rights and a schedule for the purpose of carry-

ing into complete operation the constitution and government.

And a committee was appointed of Mr. Goforth, Mr. Dun-

lavy, Mr. Browne, Mr. Baldwin, Mr. Grubb, Mr. Woods, Mr.

Updegraff, Mr. Cutler and Mr. Donaldson.

And then the convention adjourned until to-morrow, 12

o'clock.

 

Friday, November 5, 1802.

A motion was made and seconded that the convention

expunge from their Journal the resolution and all the proceed-

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First Constitutional Convention.         91

 

ings relative thereto which authorized the President to enclose

to his excellency the Governor, and those members of the terri-

torial Legislature who are not in the convention, their opinion

on the impropriety of holding another session of the territorial

Legislature.

And on the question, "Will the convention agree to the

same?" it was resolved in the affirmative-yeas, 25; nays, 8.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abrams, Bair, Browne, Cutler, Donalson, Dunlavy,

Gatch, Gilman, Goforth, Grubb, Humphrey, Huntington, Kirker,

Kitchel, McIntire, Morrow, Paul, Putnam, Reily, Sargent, Smith,

Updegraff, Wells, Wilson and Woods.

Those who voted in the negative are:

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Darlinton,

Massie, Milligan and Worthington.

On motion,

Resolved, That the President, in behalf of the convention,

request the Governor to dissolve or prorogue the present terri-

torial Legislature.

Mr. Massie, from the committee directed to inquire of the

printers what seven hundred copies of the constitution will cost,

also what every additional three hundred copies will cost, made

a report, which was received and read the first time; whereupon,

Ordered, That the said report be committed to Mr. Smith,

Mr. Darlington, Mr. Massie, Mr. Cutler and Mr. Barr.

And then the convention adjourned until to-morrow morn-

ing, 10 o'clock.

 

Saturday, November 6, 1802.

Mr, Putnam, from the committee appointed to prepare and

report a preamble, and the first article of the constitution, re-

ported the first article of the constitution, which was received

and read the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention on Monday next.

On motion,

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92        Ohio Arch. and His. Society Publications.

 

Ordered, That forty copies of the same articles be printed

for the use of the members and officers of the convention.

On motion,

Ordered, That a committee be appointed to prepare and

report the second article of the constitution on the supreme

executive authority.

And a committee was appointed of Messrs. Paul, Byrd,

Smith, Catch, Darlington, Kirker, Massie, Worthington, Car-

penter, Putnam, Gilman, Huntington, Milligan, Wells and Cald-

well.

The convention proceeded to consider the amendment re-

ported on Thursday last, from the committee of the whole con-

vention, to the preamble to the constitution; and the same being

read was agreed to.

And then the convention proceeded to consider the amend-

ment reported on Thursday last, from the committee of the

whole convention, to the preamble of the constitution; and the

same being read was agreed to.

And then the convention adjourned until Monday morning,

10 o'clock.

 

Monday, November 8, 1802.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the first article

of the constitution, Mr. Darlinton in the chair; and after some

time spent therein, Mr. President resumed the chair, and Mr.

Darlinton reported that the committee had, according to order,

had the said article under consideration and made some progress

therein.

Resolved, That the convention will to-morrow again resolve

itself into a committee of the whole convention on the said article.

And then the convention adjourned until to-morrow morn-

ing, 10 o'clock.

 

Tuesday, November 9, 1802.

Mr. Massie, from the committee appointed to prepare and

report the second article of the constitution on the supreme

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First Constitutional Convention.        93

 

executive authority, made report, which was received and read

the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention to-morrow.

Mr. Smith, from the committee to whom was referred the

proposals of Mr. Nathaniel Willis, and Messrs. Carpenter and

Findlay, for printing the Journal and constitution now framing,

made a report, which was received and read the first time, and

ordered to lie on the table.

The convention, according to the order of the day, again

resolved itself into a committee of the whole convention, on the

first article of the constitution, Mr. Darlinton in the chair; and

Mr. Darlinton reported that the committee had, according to

order, again had the said article under consideration, and made

several amendments thereto, which he delivered in at the Secre-

tary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

On motion,

Ordered, That a committee be appointed to prepare and

report the third article of the constitution on the judiciary.

And a committee was appointed of Mr. Paul, Mr. Byrd, Mr.

Smith, Mr. Gatch, Mr. Darlinton, Mr. Kirker, Mr. Massie, Mr.

Worthington, Mr. Carpenter, Mr. Putnam, Mr. Gilman, Mr.

Milligan, Mr. Wells, Mr. Caldwell and Mr. Huntington.

And then the convention adjourned until to-morrow morn-

ing, 10 o'clock.

 

Wednesday, November 10, 1802.

A motion was made and seconded that Mr. Nathaniel Willis

be appointed printer to the convention.

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 27; nays, 5.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Caldwell,

Carpenter, Darlinton, Donaldson, Gatch, Gilman, Goforth,

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Grubb, Humphrey, Huntington, Kirker, McIntire, Massie, Mil-

ligan, Morrow, Putnam, Sargent, Smith, Updegraff, Wilson,

Woods and Worthington.

Those who voted in the negative are:

Messrs. Dunlavy, Kitchel, Paul, Reily and Wells.

On motion,

Ordered, That Mr. Baldwin be added to the committee

appointed to prepare and report the third article of the constitu-

tion on the judiciary.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the second

article of the constitution on the supreme executive authority,

Mr. Massie in the chair; and after some time spent therein, Mr.

President resumed the chair, and Mr. Massie reported that the

committee had, according to order, had the said article under

consideration, and made several amendments thereto, which he

delivered in at the Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

On motion,

Ordered, That Mr. Reily be added to the committee ap-

pointed to prepare and report a bill of rights and a schedule for

the purpose of carrying into complete operation the constitution

and government.

On motion,

That a committee be appointed to contract with Mr. Natha-

niel Willis, printer, of Chillicothe, for the printing of seven hun-

dred copies of the Journal of the convention, and one thousand

copies of the constitution, now framing, in octavo, on the terms

proposed by the said Willis; and also for such printing as may

be found necessary during the sitting of the convention, on the

same terms that such printing hath heretofore been contracted

for by the Legislature of the territory; and that Mr. Darlinton and

Mr. Reily be the said committee.

And then the convention adjourned until to-morrow morn-

ing, 12 o'clock.

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First Constitutional Convention.        95

 

Thursday, November 11, 1802.

Mr. Goforth, from the committee appointed to prepare and

report a bill of rights and a schedule for the purpose of carrying

into complete operation the constitution and government, re-

ported a bill of rights, which was received and read the first time;

whereupon,

Ordered, That the said bill of rights be committed to a com-

mittee of the whole convention to-morrow.

And then the convention adjourned until to-morrow morn-

ing, 12 o'clock.

 

Friday, November 12, 1802.

On motion,

Ordered, That a committee of five be appointed to prepare

and report the fourth article of the constitution, designating the

qualification of electors.

And a committee was appointed of Mr. Morrow, Mr. Paul,

Mr. Kirker, Mr. Grubb and Mr. Bair.

Mr. Smith, from the committee appointed to prepare and

report the third article of the constitution on the judiciary, made

a report, which was received and read the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention to-morrow.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the bill of

rights, Mr. Worthington in the chair; and after some time spent

therein, Mr. President resumed the chair, and Mr. Worthington

reported that the committee had, according to order, had the

said bill of rights under consideration, and made several amend-

ments thereto, which he delivered in at the Secretary's table.

Ordered, That the said bill of rights, with the amendments,

do lie on the table.

Another member, to-wit: From the county of Trumbull,

David Abbot, who appeared, produced a certificate of his having

been duly chosen as a member in the convention, and having

taken the oath of fidelity to the United States, and also an oath

to faithfully discharge the duties of his office, took his seat.

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On motion leave was given to lay before the convention a

resolution for submitting the constitution, or frame of govern-

ment, now preparing, to the people of the eastern division of the

territory northwest of the Ohio, for their acceptance or disappro-

bation, which resolution was received and read the first time;

whereupon,

Ordered, That the said resolution be committed to a com-

mittee of the whole convention to-morrow.

On motion,

Ordered, That a committee of six be appointed to prepare

and report the sixth article of the constitution, designating the

manner in which sheriffs, coroners, and certain other civil officers

shall be chosen or appointed.

And a committee was appointed of Messrs. Kitchel, Wilson,

McIntire, Abbot, Gilman and Baldwin.

On motion,

Ordered, That a committee of five be appointed to prepare

and report the fifth article of the constitution, declaring the

manner in which militia officers shall be chosen or appointed.

And a committee was appointed of Mr. Putnam, Mr. Byrd,

Mr. Massie, Mr. Worthington and Mr. Sargent.

And then the convention adjourned until to-morrow morn-

ing, 10 o'clock.

 

Saturday, November 13, 1802.

Mr. Worthington, from the committee appointed to prepare

and report the fifth article of the constitution, declaring the man-

ner in which militia officers shall be chosen or appointed, made

a report, which was received and read the first time; whereupon,

Ordered that the said article be committed to a committee

of the whole convention on Monday next.

Mr. Morrow, from the committee appointed to prepare and

report the fourth article of the constitution, designating the qual-

ifications of electors, made a report, which was received and read

the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention on Monday next.

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The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the resolution

for submitting the constitution or frame of government, now pre-

paring for the people of the eastern division of the territory north-

west of the Ohio, for their acceptance or disapprobation, Mr.

Byrd in the chair; and after some time spent therein, Mr. Pres-

ident resumed the chair, and Mr. Byrd reported that the com-

mittee had, according to order, had the said resolution under

consideration, and directed him to report to the convention their

disagreement to the same.

On the question that the convention do agree with the com-

mittee of the whole convention, in their disagreement to the said

resolution, in the words following:

Resolved, That the constitution or frame of government by

this convention prepared for the people of the eastern division

of the territory northwest of the Ohio, be submitted to them for

their acceptance and confirmation, in the following manner, to

wit: Meetings of the people for that purpose shall be holden in

the several election districts in each county on the - day of

-- next, at which meetings the opinion of the people shall be

taken by ballot; those who are for accepting the constitution

shall give in a ballot with the word "Yea" wrote thereon, and

those in the negative opinion a ballot with the word "Nay" on it.

Judges shall be chosen to preside, who shall receive, count, and

certify the number of yeas and nays to the Prothonotary, in the

same manner as provided by law for the election of Representa-

tives to the General Assembly; the Prothonotary, in the pres-

ence of the Sheriff and two Justices of the Peace, shall count the

yeas and nays, and make return thereof, sealed up, to - on

or before the -    day of

And be it further

Resolved, That -- be, and they are hereby, appointed a

committee, who, on the -   day of  next, shall meet at

and they, or a majority of them, shall open the returns of the

several Prothonotaries and count the number of yeas and nays,

and if there appears a majority of the people for accepting the

constitution, the committee shall give notice thereof in the news-

papers printed at Cincinnati, Chillicothe and Marietta; and the

election of the Governor and members of the two Houses of

the General Assembly shall proceed as provided for by the con-

stitution. But if it appears that there is not a majority of the

people for accepting of the constitution, then the committee

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aforesaid be, and they are hereby, vested with power, in the

name and by the authority of this convention, to call another

convention for the purpose of amending this or forming a con-

stitution, to be confirmed, by the said convention, without fur-

ther reference to the people.

It was resolved in the affirmative: yeas, 27; nays, 7.

Those who voted in the affirmative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Cald-

well, Carpenter, Darlinton, Donalson, Dunlavy, Gatch, Goforth,

Grubb, Humphrey, Huntington, Kirker, Kitchel, Massie, Milli-

gan, Morrow, Paul, Sargent, Smith, Wilson, Woods and Worth-

ington.

Those who voted in the negative are:

Messrs. Cutler, Gilman, McIntire, Putnam, Reily, Upde-

graff and Wells.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the third article

of the constitution on the judiciary, Mr. Smith in the chair, and

after some time spent therein, Mr. President resumed the chair,

and Mr. Smith reported that the committee had, according to

order, had the said article under consideration and made some

progress therein.

Resolved, That the convention will, on Monday next, again

resolve itself into a committee of the whole convention on the

said article.

And then the convention adjourned until Monday morning,

ten o'clock.

 

Monday, November 15, 1802.

The convention, according to the order of the day, again

resolved itself into a committee of the whole convention, on the

third article of the constitution of the judiciary, Mr. Massie in

the chair; and after some time spent therein, Mr. President re-

sumed the chair; and Mr. Massie reported that the committee

had, according to order, again had the said article under consid-

eration, and made a further progress therein.

Resolved, That the convention will to-day again resolve itself

into a committee of the whole convention on the said article.

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Mr. Worthington, from the committee of Privileges and

Elections, to whom was referred the return of election of David

Abbot, from the county of Trumbull, to serve in the convention,

made a report, which he delivered in at the Secretary's table,

where the same was read and agreed to, in the words following,

to wit:

The committee of Privileges and Elections, having exam-

ined the certificate of the election of David Abbot, Esquire, from

the county of Trumbull, find the same agreeable to law; and

further report that it appears from the certificate aforesaid that

the said David Abbot, Esquire, is duly elected, as a Represen-

tative of the convention from the county aforesaid.

The convention, according to the order of the day, again re-

solved itself into a committee of the whole convention, on the third

article of the constitution on the judiciary, Mr. Smith in the chair,

and after some time spent therein, Mr. President resumed the

chair; and Mr. Smith reported that the committee had, accord-

ing to order, again had the said article under consideration, and

made several amendments thereto, which he delivered in at the

Secretary's table.

On motion,

Ordered, That the said article, with the amendments thereto,

be recommitted to Mr. Byrd, Mr. Huntington and Mr. Darlinton.

The several orders of the day were further postponed until

to-morrow.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

Tuesday, November 16, 1802.

Mr. Kitchel, from the committee, appointed to prepare and

report the sixth article of the constitution, designating the man-

ner in which Sheriffs, Coroners, and certain other civil officers

shall be chosen or appointed, made a report, which was received

arid read the first time, whereupon,

Ordered, That the said article be committed to a committee

of the whole convention to-day.

Mr. Darlinton, from the committee appointed to contract

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with Mr. Nathaniel Willis, printer, of Chillicothe, for the print-

ing of seven hundred copies of the Journal of the convention and

one thousand copies of the constitution now framing, in octavo,

and also for such other printing as may be found necessary,

reported that the committee had made the said contract, which

he delivered in at the Secretary's table, where the same was

read and agreed to by the convention.

Mr. Byrd, from the committee to whom was recommitted

the third article of the constitution on the judiciary, reported an

amendatory article on the judiciary, which was received and

read for the first time.

On motion,

Ordered, That the said article be committed to a committee

of the whole convention to-morrow.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the fourth

article of the constitution, designating the qualifications of elec-

tors, Mr. Baldwin in the chair; and after some time spent therein,

Mr. President resumed the chair; and Mr. Baldwin reported that

the committee had, according to order, had the said article under

consideration, and made several amendments thereto, which he

delivered in at the Secretary's table.

Ordered, That the said article, with the amendments, do

lie on the table.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the fifth

article of the constitution, declaring the manner in which militia

officers shall be chosen or appointed, Mr. Wells in the chair;

and, after some time spent therein, Mr. President resumed the

chair; and Mr. Wells reported that the committee had accord-

ing to order, had the said article under consideration, and made

several amendments thereto, which he delivered in at the Sec-

retary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

On motion,

Ordered, That a committee of five be appointed to prepare

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First Constitutional Convention.      101

 

and report an article comprehending the general regulations

and provisions of the constitution.

And a committee was appointed of Mr. Smith, Mr. Hunt-

ington, Mr. Worthington, Mr.Darlinton and Mr. Abrams.

On motion,

Ordered, That a committee, to consist of one member from

each county, be chosen by ballot, whose duty it shall be to take

into consideration the propositions made by Congress, for the

acceptance or rejection of the convention, and report their opin-

ion thereupon.

And a committee was accordingly chosen, to wit: From

the county of Adams, Mr. Darlinton; from the county of Bel-

mont, Mr. Woods; from the county of Clermont, Mr. Gatch;

from the county of Fairfield, Mr. Carpenter; from the county of

Jefferson, Mr. Wells; from the county of Hamilton, Mr. Byrd;

from the county of Ross, Mr. Worthington; from the county of

Trumbull, Mr. Huntington; and from the county of Washington,

Mr. Putnam.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the sixth

article of the constitution, designating the manner in which Sher-

iffs, Coroners and certain other civil officers, shall be chosen

or appointed, Mr. Gilman in the chair; and, after some time spent

therein, Mr. President resumed the chair; and Mr. Gilman re-

ported that the committee had, according to order, had the said

article under consideration and made several amendments thereto,

which he delivered in at the Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

And then the convention adjourned until to-morrow, twelve

o'clock.

 

Wednesday, November 17, 1802.

Mr. Goforth, from the committee appointed to prepare and

report a Bill of Rights and Schedule, for the purpose of carry-

ing into complete operation the constitution and government,

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102      Ohio Arch. and His. Society Publications.

 

reported a Schedule, which was received and read the first time;

whereupon,

Ordered, That the said Schedule be committed to a com-

mittee of the whole convention to-morrow.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the third

article of the constitution on the Judiciary, Mr. Smith in the chair;

and, after some time spent therein, Mr. President resumed the

chair; and Mr. Smith reported that the committee had, accord-

ing to order, had the said article under consideration and made

several amendments thereto, which he delivered in at the Sec-

retary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

 

Thursday, November 25, 1802.

Mr. Smith, from the Committee appointed to prepare and

report the seventh article of the constitution, comprehending

the general regulations and provisions of the Constitution, made

a report, which was received and read the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention to-morrow.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the Schedule

to the constitution, Mr. Byrd in the chair; after some time spent

therein, Mr. President resumed the chair; and Mr. Byrd reported

that the committee had, according to order, had the said Schedule

under consideration and made several amendments thereto,

which he delivered in at the Secretary's table.

Ordered, That the said Schedule, with the amendments, do

lie on the table.

The convention proceeded to consider the amendments re-

ported on the ninth instant, from the committee of the whole

convention, to the first article of the constiution; and, the same

being read, some were agreed to and others disagreed to.

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First Constitutional Convention.       103

 

A motion was then made further to amend the said article

at the Secretary's table, by striking out, after the word "of," in

the second line of the fourth section, the words "twenty-five";

and on the question thereupon, it passed in the negative - yeas,

10; nays, 23.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Carpenter, Darlinton, Grubb, Humphrey,

Kirker, Kitchel, Milligan, Morrow and Smith.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Bair, Browne, Byrd, Caldwell, Cut-

ler, Donalson, Gatch, Gilman, Goforth, Huntington, McIntire,

Massie, Paul, Putnam, Riley, Sargent, Updegraff, Wells, Wilson,

Woods and Worthington.

Another motion was then made further to amend the said

article by striking out, after the word "chosen," in the first line

of the fifth section, the word "biennially," and to insert in lieu

thereof the word "annually"; and on the question thereupon,

it passed in the negative--yeas, 15; nays, 18.

And the yeas and nays being demanded, those who voted

in the affirmative are:

Messrs. Abbot, Abrams, Baldwin, Browne, Carpenter, Dar-

linton, Donalson, Gatch, Grubb, Humphrey, Kitchel, Milligan,

Sargent, Wilson and Worthington.

Those who voted in the negative are:

Messrs. Byrd, Caldwell, Cutler, Dunlavy, Gilman, Goforth,

Huntington, Kirker, McIntire, Massie, Morrow, Paul, Putnam,

Reily, Smith, Updegraff, Wells and Woods.

Another motion was then made further to amend the said

article by striking out, after the word "than," in the sixth line

of the sixth section, these words, "one-third"; and on the ques-

tion thereupon, it passed in the negative - yeas, 8; nays, 25.

The yeas and nays being demanded, those voted in the affirm-

ative are:

Messrs. Abbot, Caldwell, Carpenter, Humphrey, Kirker,

Milligan, Morrow and Worthington.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Cutler, Don-

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104      Ohio Arch. and His. Society Publications.

 

alson, Dunlavy, Gatch, Gilman, Goforth, Grubb, Huntington,

Kitchel, McIntire, Massie, Paul, Putnam, Reily, Sargent, Smith,

Updegraff, Wells, Wilson and Woods.

Another motion was then made further to amend the said

article; and debate arising thereon, an adjournment was called

for. And then the convention adjourned until three o'clock,

P. M.

The convention met at three o'clock, P. M.

A motion was made to amend the standing rules and orders

of the convention by inserting after the word "it" in the second

line of the sixteenth rule these words, "unless the ayes and noes

have been previously called for"; and on the question thereupon,

agreed to by the convention.

The convention resumed the consideration of the amend-

ments reported on the ninth instant, from the committee of the

whole convention, to the first article of the constitution; where-

upon,

The sixteenth section of the said article being under consid-

eration, in the words following:

"Section 16. Bills may originate in either House, but may

be altered, amended, or rejected by the other."

A motion was made to strike out the said section and insert

in lieu thereof a section in the words following:

Section 16. Bills may originate in either House, but the

other House may propose alterations and amendments; and

whenever the House of Representatives and Senate disagree,

a conference shall be held, in the presence of both, and shall be

managed by committees to be by them respectively chosen; and

after such conference had the points in difference, whether it be

the alteration, amendment, or rejection of the bill, shall be de-

termined by the joint vote of the members of both Houses.

And on the question that the convention do agree to the

same, it passed in the negative - yeas, 10; nays, 24.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Browne, Carpenter, Dunlavy, Grubb,

Kitchel, Milligan, Morrow, Paul and Wilson.

Those who voted in the negative are:

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First Constitutional Convention.       105

 

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Cutler,

Darlinton, Donalson, Gatch, Gilman, Goforth, Humphrey, Hun-

tington, Kirker, McIntire, Massie, Putnam, Reily, Sargent,

Smith, Updegraff, Wells, Woods and Worthington.

Another motion was then made further to amend the said

article at the Secretary's table; and debate arising thereon, an

adjournment was called for.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

 

Friday, November 19, 1802.

A petition of sundry of the inhabitants of the county of

Clermont was presented to the convention and read, praying

that those privileges which are the absolute right of all men may

be secured to them, etc.; whereupon,

Ordered, That said petition do lie on the table.

The convention resumed the consideration of the amend-

ments reported on the ninth instant, from the committee of the

whole convention, to the first article of the constitution, where-

upon,

The amendment moved yesterday to the said article being

under consideration, which was to strike out the nineteenth sec-

tion, in the words following:

Section 19. The members of the General Assembly shall

receive from the public treasury a compensation for their services,

which shall not exceed two dollars a day, during their attendance

on the sessions of the respective Houses, and two dollars for

every twenty-five miles travel in going to and returning from

their respective sessions by the most usual route; provided, that

the same may be increased or diminished by law; but no alter-

ation shall be made,

And insert in lieu thereof a section in the words following:

Section 19. The Legislature of this State shall not allow

the following officers of government greater annual salaries than

as follows, until the year - , to wit:

The Governor not more than      dollars.

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106      Ohio Arch. and His. Society Publications.

 

The Judges of the Supreme Court not more than -  dollars.

The Secretary not more than -                        dollars.

The Treasurer not more than -                       per cent. for receiving

and paying out all moneys.

No member of the Legislature shall receive more than

dollars per day, nor more for every -   miles he shall travel in

going to and returning from the General Assembly.

And on the question that the convention agree to the same

it was resolved in the affirmative--yeas, 21; nays, 13.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Bair, Browne, Caldwell, Carpen-

ter, Darlinton, Donalson, Dunlavy, Gatch, Humphrey, Hunting-

ton, Kirker, Kitchel, Milligan, Morrow, Paul, Sargent, Upde-

graff, Wilson and Worthington.

Those who voted in the negative are:

Messrs. Baldwin, Byrd, Cutler, Gilman, Goforth, Grubb,

McIntire, Massie, Putnam, Reily, Smith, Wells and Woods.

A motion was made to amend the said section by adding

after the word "than," in the fourth (fifth) line, these words,

"twelve hundred."

And on the question thereupon, it passed in the negative--

yeas, 13; nays, 21.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Baldwin, Byrd, Caldwell, Cutler, Gilman,

Goforth, Huntington, Massie, Putnam, Smith, Wells and Woods.

Those who voted in the negative are:

Messrs. Abrams, Bair, Browne, Carpenter, Darlinton, Don--

alson, Dunlavy, Gatch, Grubb, Humphrey, Kirker, Kitchel,

McIntire, Milligan, Morrow, Paul, Reily, Sargent, Updegraff,

Wilson and Worthington.

Another motion was then made; and the question being put

further to amend the said section by inserting after the word

"than", in the fourth (fifth) line, the words, "one thousand," it was

resolved in the affirmative-yeas, 23; nays, 11.

The yeas and nays being demanded, those who voted in the

affirmative are:

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First Constitutional Convention.       107

 

Messrs. Abrams, Baldwin, Browne, Caldwell, Carpenter,

Cutler, Gatch, Gilman, Goforth, Grubb, Humphrey, Hunting-

ton, Kirker, McIntire, Massie, Milligan, Putnam, Sargent, Smith,

Updegraff, Wells, Woods and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Bair, Byrd, Darlinton, Donalson, Dunlavy,

Kitchel, Morrow, Paul, Reily and Wilson.

Another motion was then made; and the question being put

further to amend the said section by inserting after the word

"than", in the eighth line, these words, "six hundred", it passed

in the negative-yeas, 5; nays, 29.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Byrd, Gilman, Massie and Wells.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Bair, Browne, Caldwell, Carpenter,

Cutler, Darlinton, Donalson, Dunlavy, Gatch, Goforth, Grubb,

Humphrey, Huntington, Kirker, Kitchel, McIntire, Milligan,

Morrow, Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wil-

son, Woods and Worthington.

Another motion was then made; and the question being put

further to amend the said section, by inserting after the word

"than", in the fourteenth line, these words, "two dollars", it was

resolved in the affirmative-yeas, 25; nays, 9.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Bair, Byrd, Carpenter, Cutler,

Dunlavy, Gatch, Goforth, Grubb, Humphrey, Huntington, Kir-

ker, Kitchel, McIntire, Milligan, Morrow, Putnam, Reily, Sar-

gent, Smith Updegraff, Wells and Worthington.

Those who voted in the negative are:

Messrs. Baldwin, Caldwell, Darlinton, Donalson, Gilman,

Massie, Paul, Wilson and Woods.

Another motion was then made; and the question being put

further to amend the said section, by adding to the end of the

section a proviso in the words following: "Provided that no

member of this convention shall be appointed to any office

created by this constitution, until the expiration of one year

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108        Ohio Arch. and His. Society Publications.

 

after the constitution shall take effect, except such officers as

are hereby made elective by the people, and to county offices,"

it passed in the negative-yeas, 3; nays, 31.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Paul and Reily.

Those who voted in the negative are:

Messrs. Baldwin, Bair, Browne, Byrd, Caldwell, Carpenter,

Cutler, Darlinton, Donalson, Dunlavy, Gatch, Gilman, Goforth,

Grubb, Humphrey, Kirker, Kitchel, McIntire, Massie, Milligan,

Morrow, Putnam, Sargent, Smith, Updegraff, Wells, Wilson,

Woods and Worthington.

Another motion was then made; and the question being put

to amend the said section, by inserting between the seventh and

eighth lines of the section, the words following: "The Auditor

of Public Accounts, not more than seven hundred and fifty

dollars," it was resolved in the affirmative-yeas, 17; nays, 17.

The convention being equally divided, and Mr. President

declaring himself with the yeas.

The yeas and nays being demanded, were as follows:

Yeas-Messrs. Abrams, Browne, Byrd, Carpenter, Dunlavy,

Gatch, Gilman, Goforth, Humphrey, Kitchel, Massie, Morrow,

Paul, Reily, Sargent, Wilson and Worthington.

Nays-Messrs. Abbot, Baldwin, Bair, Caldwell, Cutler, Dar-

linton, Donalson, Grubb, Huntington, Kirker, Mclntire, Milli-

gan, Putnam, Smith, Updegraff, Wells and Woods.

Another motion was then made; and the question being put

further to amend the said section, by inserting after the word

"greater", in the second line of the section, these words, "nor

less", it passed in the negative-yeas, 5; nays, 29.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Byrd, Gillman, Wells and Woods.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Bair, Browne, Caldwell, Carpenter,

Cutler, Darlinton, Donalson, Dunlavy, Gatch, Goforth, Grubb,

Humphrey, Huntington, Kirker, Kitchel, McIntire, Massie, Mil-

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First Constitutional Convention.       109

 

ligan, Morrow, Paul, Putnam, Reily, Sargent, Smith, Updegraff,

Woods and Worthington.

The said section was further amended at the Secretary's

table; and on the question that the convention do receive the

said section, as amended, in the words following:

Section 19. The Legislature of this State shall not allow

the following officers of the government greater annual salaries

than as follows, until the year one thousand eight hundred and

eight, to-wit: The Governor not more than one thousand dol-

lars, the Judges of the Supreme Court not more than one thous-

and dollars each, the Secretary not more than five hundred dol-

lars, the Auditor of Public Accounts not more than seven hun-

dred and fifty dollars, the Treasurer not more than four hundred

and fifty dollars. No member of the Legislature shall receive

more than two dollars per day during his attendance on the Leg-

islature, nor more for every twenty-five miles he shall travel in

going to and returning from the General Assembly.

It was resolved in the affirmative-yeas, 21; nays, 13.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abrams, Bair, Browne, Caldwell, Carpenter, Dar-

linton, Donalson, Dunlavy, Gatch, Grubb, Humphrey, Kirker,

Kitchel, Milligan, Morrow, Paul, Sargent, Smith, Updegraff,

Wilson and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Baldwin, Byrd, Cutler, Gillman, Goforth,

Huntington, McIntire, Massie, Putnam, Reily, Wells and Woods.

The said article was further amended at the Secretary's table,

and with the amendments, was ordered to lie on the table.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the seventh

article of the constitution, comprehending the general regula-

tions and provisions of the constitution, Mr. Smith in the chair;

and after some time spent therein, Mr. President resumed the

chair, and Mr. Smith reported that the committee had, according

to order, had the said article under consideration and made some

progress therein.

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110       Ohio Arch. and His. Society Publications.

 

Resolved, That the convention will to-morrow again resolve

itself into a committee of the whole convention on the said article.

And then the convention adjourned until to-morrow morn-

ing, 9 o'clock.

 

 

Saturday, November 20, 1802.

The convention, according to the order of the day, again

resolved itself into a committee of the whole convention on the

seventh article of the constitution, comprehending the general

regulations and provisions of the constitution, Mr. Smith in the

chair; and after some time spent therein, Mr. President resumed

the chair, and Mr. Smith reported that the committee had,

according to order, again had the said article under considera-

tion and made several amendments thereto, which he delivered

at the Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

The convention proceeded to consider the amendments re-

ported on the tenth instant, from the committee of the whole

convention, to the second article of the constitution on the

supreme executive authority, and the same being read, were

agreed to by the convention.

The said article was further amended at the Secretry's table,

and, together with the amendments, ordered to lie on the table.

The convention proceeded to consider the amendments re-

ported on the twelfth instant, from the committee of the whole

convention, to the bill of rights, and the same being read, some

were agreed to and others disagreed to.

A motion was then made to amend the said bill of rights at

the Secretary's table, by striking out after the word "convicted",

in the fourth line of the second section, the words following: "Nor

shall any male person arrived at the age of twenty-one years,

or female person arrived at the age of eighteen years, be held

to serve any person as a servant under pretense of indenture or

otherwise, unless such person shall enter into such indenture,

while in a state of perfect freedom, and on condition of a bona

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First Constitutional Convention.       111

 

fide consideration, received or to be received for their service,

except as before excepted.

And on the question thereupon, it passed in the negative-

yeas, 12; nays, 21.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Bair, Caldwell, Dunlavy, Grubb, Kitchel,

Morrow, Paul, Reily, Sargent, Smith and Wilson.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Browne, Byrd, Carpenter, Cutler,

Darlinton, Donalson, Gatch, Gilman, Goforth, Humphrey, Hun-

tington, Kirker, McIntire, Milligan, Putnam, Updegraff, Wells,

Wood and Worthington.

Another motion was then made further to amend the said

section, by inserting after the word "convicted", in the fourth

line of the said section, the words following: "Nor shall there

be either slavery or involuntary servitude ever admitted in any

State to be erected on the northwest side of the river Ohio,

within the limits of the United States, except as above excepted."

And on the question thereupon, it passed in the negative-

yeas, 2; nays, 31.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Paul and Reily.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Cald-

well, Carpenter, Cutler, Darlinton, Donalson, Dunlavy, Gatch,

Gilman, Goforth, Grubb, Humphrey, Huntington, Kirker,

Kitchel, McIntire, Milligan, Morrow, Putnam, Sargent, Smith,

Updegraff, Wells, Wilson, Woods and Worthington.

Another motion was then made further to amend the said

article, by striking out after the word "and", in the ninth and

tenth lines of the third section, the words following: "No reli-

gious test shall be required as a qualification to any office of

trust or profit," and to insert in lieu thereof the words: "No

person who denies the being of a God or a future state of rewards

and punishments shall hold any office in the civil department of

this State."

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112      Ohio Arch and His. Society Publications.

 

And on the question thereupon, it passed in the negative-

yeas, 3; nays, 30.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Caldwell, Humphrey and Milligan.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Car-

penter, Cutler, Darlinton, Donalson, Dunlavy, Gatch, Gilman,

Goforth, Grubb, Huntington, Kirker, Kitchel, McIntire, Morrow,

Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wells, Wilson,

Woods and Worthington.

Another motion was then made further to amend the said

article, by inserting a new section between the twenty-second

and the twenty-third sections, in the words following, "that the

laying taxes by the poll is grievous and oppressive; therefore

the Legislature shall never levy a poll-tax for county or State

purposes."

And on the question that the convention do agree the same,

it was resolved in the affirmative-yeas, 26; nays, 7.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd,

Caldwell, Carpenter, Darlinton, Donalson, Dunlavy, Goforth,

Grubb, Huntington, Kirker, Kitchel, Milligan, Morrow, Paul,

Sargent, Smith, Wells, Wilson, Woods and Worthington.

Those who voted in the negative are:

Messrs. Gatch, Gilman, Humphrey, McIntire, Putnam,

Reily and Updegraff.

Another motion was made further to amend the said article,

and debate arising thereon, an adjournment was called for.

And then the convention adjourned until Monday morning.

 

Monday, November 22, 1802.

The convention resumed the consideration of the amend-

ments reported on the twelfth instant, from the committee of the

whole convention, to the bill of rights, and the same being further

amended, was ordered to lie on the table.

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First Constitutional Convention.       113

 

The Convention proceeded to consider the amendments

reported on the seventh instant, from the committee of the whole

convention, to the third article of the constitution, on the judi-

ciary; whereupon,

Ordered, That the said article be recommitted to a com-

mittee of the whole convention.

The convention proceeded to consider the amendments

reported on the sixteenth instant, from the committee of the whole

convention, to the fourth article of the constitution, designating

the qualifications of electors, and the same being read, were

agreed to by the convention.

A motion was then made further to amend the said article

at the Secretary's table, by striking out after the word "all", in

the first line of the first section, the word "white".

And on the question thereupon, it passed in the negative-

yeas, 14; nays, 19.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Cutler, Dunlavy, Gatch, Gilman, Goforth,

Grubb, Kitchel, Paul, Putnam, Sargent, Updegraff, Wells and

Wilson.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Carpenter,

Darlinton, Donalson, Humphrey, Huntington, Kirker, McIntire,

Massie, Milligan, Morrow, Reily, Smith, Woods and Worth-

ington.

Another motion was then made further to amend the said

section, by striking out after the word "election", in the third

line, the words following, "and who have paid or are charged with

a State or county tax."

And on the question thereupon, it passed in the negative--

yeas, 8: nays, 26.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Bair, Browne, Caldwell, Grubb, Milligan,

Sargent and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Byrd, Carpenter, Cutler, Darlin-

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114      Ohio Arch. and His. Society Publications.

 

ton, Donalson, Dunlavy, Gatch, Gilman, Goforth, Humphrey,

Huntington, Kirker, Kitchel, McIntire, Massie Morrow, Paul,

Putnam, Reily, Smith, Updegraff, Wells, Wilson and Woods.

Another motion was then made further to amend the said

section, by adding to the end of the section a proviso in the words

following:

"Provided, that all male negroes and mulattoes now resid-

ing in this territory shall be entitled to the right of suffrage, if

they shall within  months make a record of their citizenship."

And on the question thereupon, it was resolved in the affirm-

ative - yeas, 19; nays, 15.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Byrd, Cutler, Darlinton, Dunlavy, Gatch,

Gilman, Goforth, Grubb, Kitchel, Morrow, Paul, Putnam, Reily,

Sargent, Smith, Updegraff, Wells and Wilson.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Browne, Caldwell, Carpen-

ter, Donalson, Humphrey, Huntington, Kirker, McIntire, Massie,

Milligan, Woods and Worthington.

Another motion was then made further to amend the said

section by adding to the end of the section a proviso in the words

following:

"And provided also, That the male descendants of such ne-

groes and mulattoes as shall be recorded, shall be entitled to the

same privilege."

And on the question thereupon, it passed in the negative -

yeas, 16; nays, 17.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Byrd, Cutler, Darlinton, Dunlavy, Gilman,

Goforth, Grubb, Kitchel, Morrow, Paul, Putnam, Sargent, Up-

degraff, Wells and Wilson.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Caldwell, Carpenter,

Donalson, Humphrey, Huntington, Kirker, McIntire, Massie,

Milligan, Reily, Smith, Woods and Worthington.

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First Constitutional Convention.       115

 

The said article was further amended at the Secretary's table,

and, with the amendments, ordered to lie on the table.

The convention proceeded to consider the amendments re-

ported on the sixteenth instant, from the committee of the whole

convention, to the fifth article of the constitution, declaring the

manner in which militia officers shall be chosen or appointed;

and the same being read, were agreed to by the convention.

The said article was further amended at the Secertary's table,

and, with the amendments, was ordered to lie on the table.

The convention proceeded to consider the amendments re-

ported on the twelfth instant, from the committee of the whole

convention, to the seventh article of the constitution, compre-

hending the general regulations and provisions of the constitu-

tion; and the same being read, some were agreed to and others

disagreed to.

A motion was then made further to amend the said article

at the Secretary's table by striking out after the words, "a ma-

jority," and insert in lieu thereof these words, "two-thirds."

And on the question thereupon, it passed in the negative-

yeas, 1; nays, 33.

The yeas and nays being demanded, the vote in the affirm-

ative was:

Mr. Kirker.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Cald-

well, Carpenter, Cutler, Darlinton, Donalson, Dunlavy, Gatch,

Gilman, Goforth, Grubb, Humphrey, Huntington, Kitchel, Mc-

Intire, Massie, Milligan, Morrow, Paul, Putnam, Reily, Sargent,

Smith, Updegraff, Wells, Wilson, Woods and Worthington.

Another motion was then made further to amend the said

article by adding a new section, as the seventh section, in the

words following:

Section 7. No negro or mulatto shall ever be eligible to

any office, civil or military, or give their oath in any court of

justice against a white person, be subject to do military duty, or

pay a poll-tax in this State; provided always, and it is fully un-

derstood and declared, that all negroes and mulattoes now in,

or who may hereafter reside in, this State, shall be entitled to all

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116       Ohio Arch. and His. Society Publications.

 

the privileges of citizens of this State, not excepted by this con-

stitution.

And on the question thereupon, it was resolved in the affirm-

ative - yeas 19; nays, 16.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Carpenter,

Darlinton, Donalson, Grubb, Humphrey, Kirker, McIntire, Mas-

sie, Milligan, Morrow, Smith, Tiffin, Woods and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Browne, Cutler, Dunlavy, Gatch, Gilman,

Goforth, Huntington, Kitchel, Paul, Putnam, Reily, Sargent,

Updegraff, Wells and Wilson.

The article was further amended at the Secretary's table, and,

with the amendments, was ordered to lie on the table.

 

 

Tuesday, November 23, 1802.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the third ar-

ticle of the constitution, on the judiciary, Mr. Baldwin in the

chair; and after some time spent therein, Mr. President resumed

the chair, and Mr. Baldwin reported that the committee had,

according to order, had the said article under consideration and

made several amendments thereto, which he delivered in at the

Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

The convention proceeded to consider the amendments re-

ported on the 18 inst., from the committee of the whole conven-

tion, to the schedule to the constitution; and the same being

read, were agreed to by the convention.

A motion was made further to amend the said article at the

Secretary's table by striking out after the word "and," in the

fourth line of the seventh section, the word "eight," and to insert

in lieu thereof the word "ten."

And on the question thereupon, it was resolved in the affirm-

ative -yeas, 19; nays, 14.

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First Constitutional Convention.       117

 

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Byrd, Carpenter, Cutler, Donalson, Dun-

lavy, Goforth, Kirker,, Kitchel, Massie, Morrow, Paul, Putnam,

Reily, Smith, Wells, Wilson, Woods and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Baldwin, Bair, Caldwell, Darlinton, Gatch,

Gilman, Grubb, Humphrey, Huntington, McIntire, Milligan,

Sargent and Updegraff.

Another motion was then made further to amend the said

section by striking out after the word "to," in the third line of

the said section, the word "four," and insert in lieu thereof the

word "five."

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 17; nays, 16.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Byrd, Carpenter, Cutler, Donalson, Dun-

lavy, Goforth, Kitchel, Massie, Morrow, Paul, Reily, Smith,

Wells, Wilson, Woods and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Baldwin, Bair, Caldwell, Darlinton, Gatch,

Gilman, Grubb, Humphrey, Huntington, Kirker, McIntire, Mil-

ligan, Putnam, Sargent and Updegraff.

The said section being still under consideration, in the words

following:

Section 7. Until the first enumeration shall be made as

directed in the second section of the first article of the consti-

tution, the county of Hamilton shall be entitled to five Senators

and ten Representatives; the county of Clermont, one Senator

and two Representatives; the county of Adams, two Senators and

three Representatives; the county of Ross, two Senators and

five Representatives; the county of Fairfield, one Senator and

two Representatives; the county of Washington, two Senators

and four Representatives; the county of Belmont, one Senator

and two Representatives; the county of Jefferson, two Senators

and five Representatives; the county of Trumbull, one Senator

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118       Ohio Arch. and His. Society Publications.

 

and two Representatives; provided, that no new county shall be

entitled to a separate Representative prior to the first enumeration.

A motion was made to strike out the said section and to

insert in lieu thereof a section in the words following:

Section 7. Until the first enumeration shall be made, as

directed in the second section of the first article of the consti-

tution, the county of Hamilton shall be entitled to three Senators

and six Representatives; the county of Clermont, one Senator and

one Representative; the county of Adams, one Senator and three

Representatives; the county of Ross, two Senators and four Rep-

resentatives; the county of Fairfield, one Senator and one Rep-

resentative; the county of Washington, one Senator and three

Representatives; the county of Belmont, one Senator and one

Representative; the county of Jefferson, one Senator and three

Representatives; the county of Trumbull, one Senator and two

Representatives; provided, no new county shall be entitled to

a separate Representative prior to the first enumeration.

And on the question thereupon, it passed in the negative-

yeas, 10; nays, 23.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Browne, Darlinton, Donalson, Gatch, Hun-

tington, Kirker, Kitchel, Massie and Morrow.

Those who voted in the negative are:

Messrs. Baldwin, Bair, Byrd, Caldwell, Carpenter, Cutler,

Dunlavy, Gilman, Goforth, Grubb, Humphrey, McIntire, Mil-

ligan, Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wells,

Wilson, Woods and Worthington.

Another motion was then made further to amend the said

section by striking out after the word "two," in the third line, the

word "five," and insert in lieu thereof the word "four."

And on the question thereupon, it was resolved in the affirm-

ative - yeas, 26; nays, 7.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Baldwin, Browne, Caldwell, Carpenter, Cut-

ler, Darlinton, Donalson, Dunlavy, Gatch, Gilman, Grubb,

Humphrey, Huntington, Kirker, McIntire, Massie, Milligan,

• 118
 

First Constitutional Convention.       119

 

Putnam, Sargent, Updegraff, Wells, Wilson, Woods and Worth-

ington.

Those who voted in the negative are:

Messrs. Byrd, Goforth, Kitchel, Morrow, Paul, Reily and

Smith.

Another motion was then made that the convention do re-

ceive the said section with the amendments last aforesaid.

And on the question thereupon, it was resolved in the affirm-

ative -yeas, 21; nays, 12.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Bair, Caldwell, Carpenter, Cutler, Gatch,

Gilman, Grubb, Huntington, Kirker, McIntire, Massie, Milligan,

Putnam, Sargent, Smith, Updegraff, Wells, Wilson, Woods and

Worthington.

Those who voted in the negative are:

Messrs. Abbot, Browne, Byrd, Darlinton, Donalson, Dun-

lavy, Goforth, Humphrey, Kitchel, Morrow, Paul and Reily.

The said article was further amended at the Secretary's table,

and, with the amendments, was ordered to lie on the table.

And then the convention adjourned until to-morrow morn-

ing, eleven o'clock.

 

Wednesday, November 24, 1802.

Mr. Gatch, from the committee to whom was referred the

propositions made by Congress to the convention, for their re-

ception or rejection, made a report, which was received and read

the first time; whereupon,

Resolved, That the convention will immediately resolve itself

into a committee of the whole convention on the said report.

The convention accordingly resolved itself into the said

committee, Mr. Goforth in the chair; and, after some time spent

therein, Mr. President resumed the chair and Mr. Goforth re-

ported that the committee had, according to order, had the said

report under consideration and made some progress therein;

whereupon,

Resolved, That the convention will to-day again resolve itself

into a committee of the whole convention on the said report.

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120      Ohio Arch. and His. Society Publications.

 

And then the convention adjourned until three o'clock, P. M.

The convention met at three o'clock, P. M.

The convention, according to the order of the day, again

resolved itself into a committee of the whole convention on the

report of the committee to whom was referred the proposition

made by Congress to the convention, for their acceptance or re-

jection, Mr. Brown in the chair; and, after some time spent

therein, Mr. President resumed the chair and Mr. Brown reported

that the committee had, according to order, again had the said

report under consideration and had directed him to report their

disagreement to the same.

Ordered, That the said report do lie on the table.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

Thursday, November 25, 1802.

The convention proceeded to consider the amendments re-

ported on Tuesday last from the committee of the whole con-

vention to the third article of the constitution on the judiciary;

whereupon,

Ordered, That the said article be recommitted to a commit-

tee of the whole convention immediately.

The convention accordingly resolved itself into the said

committee, Mr. Byrd in the chair; and after some time spent

therein, Mr. President resumed the chair and Mr. Byrd reported

that the committee had, according to order, had the said article

under consideration and made several amendments thereto, which

he delivered in at the Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

On motion, the first article of the constitution was taken up

and read the third time, in order for its final passage.

A motion was made to strike out, in the nineteenth section,

the words following: "The Legislature of this State shall not

allow the following officers of government greater annual salaries

than as follows: until the year one thousand eight hundred and

eight, to wit: The Governor not more than one thousand dollars;

the Judges of the Supreme Court not more than one thousand

• 120
 

First Constitutional Convention.       121

 

dollars each; the Presidents of the Courts of Common Pleas not

more than eight hundred dollars each; the Secretary of State

not more than five hundred dollars; the Auditor of Public Ac-

counts not more than seven hundred and fifty dollars; the Treas-

urer not more than four hundred and fifty dollars."

And on the question thereupon, it passed in the negative-

yeas, 11; nays, 21.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Byrd, Cutler, Gilman, Goforth, McIntire,

Massie, Putnam, Smith, Wells and Woods.

Those who voted in the negative are:

Messrs. Abbot, Bair, Browne, Caldwell, Darlinton, Donal-

son, Dunlavy, Gatch, Grubb, Humphrey, Huntington, Kirker,

Kitchel, Milligan, Morrow, Paul, Reily, Sargent, Updegraff,

Wilson and Worthington.

The said article was further amended at the Secretary's table;

and on the question that the convention do receive said article

as amended, it was resolved in the affirmative.

On motion, the second article of the constitution, on the

supreme executive authority, was taken up and read the third

time, in order for its final passage; and on the question that the

convention do receive the said article, it was resolved in the

affirmative.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

Friday, November 26, 1802.

On motion,

Ordered, That a committee of five be appointed to prepare

an address to the President of the United States and both branches

of the Federal Legislature, expressive of the high sense this

convention entertains of the cheerful and philanthropic manner

in which they made provision for the admission of this State into

the Union, and expressive of their approbation of the present

administration of the General Government.

And a committee was appointed of Mr. Goforth, Mr. Byrd,

Mr. Massie, Mr. Huntington and Mr. Baldwin.

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122        Ohio Arch. and His. Society Publications.

 

On motion, the fourth article of the constitution, designating

the qualifications of electors, was taken up and read the third

time, in order for its final passage.

A motion was made to amend said article by striking out

after the word "election," in the seventh line of the first section,

the words following: "Provided, That all male negroes and mu-

lattoes now residing in this territory, shall, at the age of twenty-

one years, be entitled to the right of suffrage if they shall within

one year make a record of their citizenship with the clerk of the

county in which they may reside; and, provided also, that they

have paid or are charged with a state or county tax."

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 17; nays, 17.

The convention being equally divided, Mr. President de-

clared himself with the yeas.

The yeas and nays being demanded, were as follows:

Yeas- Messrs. Abrams, Baldwin, Bair, Caldwell, Carpen-

ter, Darlinton, Grubb, Humphrey, Huntington, Kirker, McIntire,

Massie, Milligan, Smith, Woods and Worthington.

Nays--Messrs. Abbot, Browne, Byrd, Cutler, Dunlavy,

Gatch, Gilman, Goforth, Kitchel, Morrow, Paul, Putnam, Reily,

Sargent, Updegraff, Wells and Wilson.

Another motion was then made further to amend the said

article by striking out the fifth section, which follows in these

words, to wit:

Section 5. Nothing contained in this article shall be so con-

strued as to prevent white male persons above the age of twenty-

one years, who are compelled to labor on the roads of their re-

spective townships or counties, and who have resided one year

in the State, from having the right of an elector."

And on the question thereupon, it passed in the negative-

yeas, 13; nays, 21.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Cutler, Gilman, Goforth, Huntington, Kir-

ker, McIntire, Massie, Putnam, Reily, Updegraff, Wells and

Woods.

Those who voted in the negative are:

• 122
 

First Constitutional Convention.       123

 

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Caldwell,

Carpenter, Darlinton, Donalson, Dunlavy, Gatch, Grubb,

Humphrey, Kitchel, Milligan, Morrow, Paul, Sargent, Smith,

Wilson and Worthington.

On motion that the convention do receive the said article

as amended, it was resolved in the affirmative.

The convention proceeded to consider the amendments re-

ported on yesterday from the committee of the whole conven-

tion to the third article of the constitution on the judiciary, and

the same being read, were agreed to by the convention.

The said article was further amended at the Secretary's table,

and, with the amendments, was ordered to lie on the table.

On motion, the fifth article of the constitution, declaring the

manner in which militia officers are to be chosen or appointed,

was taken up and read the third time, in order for its final passage.

And on the question that the convention do receive the said

article, it was resolved in the affirmative.

On motion the sixth article of the constitution, designating

the manner in which Sheriff's, Coroners, and certain other civil

officers are chosen or appointed, was then taken up and read the

third time in order for its final passage.

And on the question that the convention do receive the said

article, it was resolved in the affirmative.

On motion, the seventh article of the constitution, compre-

hending the general regulations and provisions of the constitu-

tion, was taken up and read the third time in order for its final

passage.

A motion was then made to amend the said article at the

Secretary's table by striking out after the word "contents," in the

fifth line of the third section, the words following, "No new county

shall be established by the Legislature which is not entitled, by

its numbers, to a Representative."

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 22; nays, 12.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Bair, Browne, Carpenter, Dar-

linton, Donalson, Dunlavy, Gatch, Grubb, Humphrey, Hunting-

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124      Ohio Arch. and His. Society Publications.

 

ton, Kirker, Kitchel, McIntire, Paul, Putnam, Reily, Updegraff,

Wilson, Woods and Worthington.

Those who voted in the negative are:

Messrs. Baldwin, Byrd, Caldwell, Cutler, Gilman, Goforth,

Massie, Milligan, Morrow, Sargent, Smith and Wells.

Another motion was then made further to amend the said

section by striking out after the word "than," in the fourth line,

the word "four," and insert in lieu thereof the word "five."

And on the question thereupon, it passed in the negative-

yeas, 11; nays, 23.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Caldwell, Cutler, Gilman, McIntire, Massie,

Putnam, Reily, Sargent, Smith and Wells.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Carpenter,

Darlinton, Donalson, Dunlavy, Gatch, Goforth, Grubb, Humph-

rey, Huntington, Kirker, Kitchel, Milligan, Morrow, Paul, Wil-

son, Woods and Worthington.

Another motion was then made further to amend the said

article by striking out after the word "that," in the first line of

the fifth section these words, "after the year one thousand eight

hundred and six."

And on the question thereupon, it passed in the negative-

yeas, 12; nays, 21

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Cutler, Gilman, Huntington, Mc-

Intire, Paul, Putnam, Reily, Updegraff, Wells and Woods.

Those who voted in the negative are:

Messrs. Baldwin, Browne, Byrd, Caldwell, Carpenter, Dar-

linton, Donalson, Dunlavy, Gatch, Goforth, Grubb, Humphrey,

Kirker, Kitchel, Massie, Milligan, Morrow, Sargent, Smith, Wil-

son and Worthington.

Another motion was then made further to amend the said

article by striking out the seventh section, in the words following:

Section 7. But no negro or mulatto shall ever be eligible

to any office, civil or military, or give their oath in any court

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First Constitutional Convention.      125

 

of justice against a white person, be subject to do military duty,

or pay a poll-tax in this State; Provided always, and it is fully

understood and declared, that all negroes and mulattoes now in,

or who may hereafter reside in, this State, shall be entitled to

all the privileges of citizens of this State excepted by this con-

stitution.

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 17; nays, 16.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Browne, Cutler, Dunlavy, Gatch, Gilman,

Goforth, Huntington, Kitchel, Milligan, Paul, Putnam, Reily,

Sargent, Updegraff, Wells and Wilson.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Carpenter,

Darlinton, Donalson, Grubb, Humphrey, Kirker, Massie, Mor-

row, Smith, Woods and Worthington.

A motion was made and seconded to amend the said article

by adding a new section as the seventh section, in the words fol-

lowing:

Section 7. No negro or mulatto shall ever be eligible to any

office, civil or military, or be subject to military duty.

The previous question was called for by three members, to

wit: "Shall the main question, to receive the said section, be now

put?"

And on the previous question, "Shall the main question be

now put?" it was resolved in the negative.

The said article was further amended at the Secretary's table;

and, on the question being put, that the convention do receive

the said article as amended, it was resolved in the affirmative.

On motion, the eighth article of the constitution was taken

up and read the third time, in order for its final passage.

A motion was made to amend the said article by inserting

after the word "indenture," in the tenth line of the second section,

these words: "of any negro or mulatto."

And on the question thereupon, it was resolved in the affirm-

ative- yeas, 20; nays, 13.

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126      Ohio Arch. and His. Society Publications.

 

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Browne, Byrd, Caldwell, Carpenter, Dar-

linton, Gatch, Gilman, Goforth, Humphrey, Huntington, Kirker,

Kitchel, Massie, Morrow, Putnam, Smith, Updegraff, Wells and

Worthington.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Donalson, Dunlavy, Grubb,

McIntire, Milligan, Paul, Reily, Sargent, Wilson and Woods.

Another motion was then made further to amend the said

article by striking out after the word "worship," in the eighth

and ninth lines, the words, "and no religious test shall be re-

quired as a qualification to any office or trust of profit."

And on the question thereupon, it passed in the negative-

yeas, 6; nays, 28.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Caldwell, Cutler, Gilman, Humphrey, Morrow and

Putnam.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Car-

penter, Darlinton, Donalson, Dunlavy, Gatch, Goforth, Grubb,

Huntington, Kirker, Kitchel, McIntire, Massie, Milligan, Paul,

Reily, Sargent, Smith, Updegraff, Wells, Wilson, Woods and

Worthington.

The said article was further amended at the Secretary's table.

And on the question that the convention do receive the said

article as amended, it was resolved in the affirmative.

On motion, the schedule to the constitution was taken up

and read the third time, in order for its final passage.

The said schedule was further amended at the Secretary's

table.

And on the question that the convention do receive the said

schedule, as amended, it was resolved in the affirmative.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

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First Constitutional Convention.       127

 

Saturday, November 27, 1802.

Mr. Goforth, from the committee appointed to prepare and

address to the President of the United States and both branches of

the Federal Legislature, expressive of the high sense the con-

vention entertain of the cheerful and philanthropic manner in

which they made provision for the admission of this State into

the Union, and expressive of their approbation of the present

administration of the General Government, made a report, which

was received and read the first time.

On motion, the said report was read the second time, and on

the question thereupon agreed to by the convention, in the words

following:

To the President and both Houses of Congress of the United

States:

The convention of the State of Ohio, duly appreciating the

importance of a free and independent State government, and

impressed with sentiments of gratitude to the Congress of the

United States for the prompt and decisive measures taken at their

last session to enable the people of the Northwestern Territory

to emerge from their colonial government and to assume a

rank among the sister States, beg leave to take the earliest op-

portunity of announcing to you this important event. On this

occasion, the convention cannot help expressing their unequiv-

ocal approbation of the measures pursued by-the present admin-

istration of the General Government and both Houses of Con-

gress in diminishing the public burdens, cultivating peace with all

nations, and promoting the happiness and prosperity of our

country.

Resolved, That the President of this convention do inclose to

the President of the United States, to the President of the Senate

and to the Speaker of the House of Representatives of the United

States, the foregoing address.

On motion, the third article of the constitution was taken

up and read the third time, in order for its final passage.

A motion was made to further amend the said article at the

Secretary's table by striking out after the word "himself," in the

eighth line of the ninth section, the words following: "They shall

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128      Ohio Arch. and His. Society Publications.

 

be removed for breach of good behavior, at any time, by the

Judges of the respective courts."

And on the question thereupon, it passed in the negative-

yeas, 13; nays, 20.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Caldwell, Darlinton, Donalson, Dunlavy,

Grubb, Milligan, Morrow, Paul, Reily, Smith, Wilson and Worth-

ington.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Byrd, Carpenter, Cutler,

Gatch, Gilman, Goforth, Humphrey, Huntington, Kirker,

Kitchel, McIntire, Massie, Putnam, Sargent, Updegraff, Wells

and Woods.

The said article was further amended at the Secretary's table.

And on the question that the convention do receive the said

article, as amended, it was resolved in the affirmative.

On motion,

Ordered, That the constitution now framed be engrossed.

On motion, the report of the committee of the whole con-

vention, on Thursday last, on their disagreement to the report

of the select committee to whom were referred the propositions

made by Congress to the convention, for their acceptance or

rejection, was taken up and read; whereupon,

Ordered, That the said report be recommitted to Mr. Put-

nam, Mr. Smith, Mr. Huntington, Mr. Massie and Mr. Wells,

who are to report their opinion thereupon.

Mr. Putnam, from the committee to whom were recommit-

ted the propositions made by Congress to the convention, for

their acceptance or rejection, made a report which was received

and read the first time; whereupon,

Ordered, That the said report be committed to a committee

of the whole convention on Monday next.

And then the convention adjourned until Monday morning,

nine o'clock.

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First Constitutional Convention.       129

 

Monday, November 29, 1802. The convention, according to the order of the day, resolved itself into a committee of the whole convention, on the report of the select committee to whom were recommitted the propo- sitions made by Congress to the convention, for their acceptance or rejection, Mr. Wells in the chair; and after some time spent therein, Mr. President resumed the chair and Mr. Wells reported that the committee of the whole convention had, according to order, had under their consideration the said report and made several amendments thereto, which he delivered in at the Sec- retary's table. The convention proceeded to consider the said amendments; and the same being read, some were agreed to and others dis- agreed to. The preamble to the said report being under consideration, in the words following: We, the Representatives of the people of the eastern division of the territory northwest of the river Ohio, being assembled in convention pursuant to an act of Congress entitled "An act to enable the people of the eastern division of the territory north- west of the river Ohio to form a constitution and State govern- ment, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes"; and having had under consideration the propositions offered by said act for our free acceptance or rejection, do resolve to accept the said proposition, provided the following addition to, and modification of, the said proposition shall be agreed to by the Congress of the United States, viz: A motion was made and seconded to strike out the proviso to the said preamble, in the words following: "Provided the following addition to, and modification of, the said propositions shall be agreed to by the Congress of the United States, viz." The previous question was called for by three of the mem- bers, to wit: "Shall the main question, to strike out the said proviso, be now put?" And on the previous question, shall the main question be now put? it was resolved in the negative-yeas, 11; nays, 22.

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The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Darlinton,

Donalson, Gatch, Grubb, Kirker, Massie and Sargent.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Bair, Browne, Cutler, Dunlavy,

Gilman, Goforth, Humphrey, Huntington, Kitchel, McIntire,

Milligan, Morrow, Paul, Putnam, Reily, Smith, Updegraff, Wells,

Wilson and Woods.

On motion,

Ordered, That a committee be appointed to prepare and

report a resolution for the ascertaining the fees of the officers

of the convention, and, that Mr. Reily, Mr. Browne and Mr.

Goforth be the said committee.

On motion,

Ordered, That a committee be appointed to prepare and

report a resolution on the subject of distributing the Journals

and constitution in the several counties, and that Mr. Dunlavy,

Mr. Paul and Mr. Bair be the said committee.

Mr. Reily, from the committee appointed to prepare and

report a resolution for the ascertaining the fees of the officers

of the convention, made a report, which was received, and read

the first time, and agreed to by the convention, in the words

following, to-wit:

Resolved, That there be allowed to the Secretary of this con-

vention the sum of three dollars per day, to the Assistant Secre-

tary the sum of three dollars per day, and to the door-keeper

the sum of one dollar and fifty cents per day, for their services

respectively, during their attendance on the convention.

Mr. Dunlavy, from the committee appointed to prepare and

report a resolution on the subject of distributing the Journals

of the convention and the constitution, made a report, which was

received and read the first time, and agreed to by the convention

in the words following:

Resolved, That the following number of copies of the Journal

of the convention and of the constitution of the State of Ohio

be sent by the printer, to be put in the possession of the members

of this convention to be distributed by them for the information

of the people, in their respective counties, to-wit:

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First Constitutional Convention.      131

 

To the county of Adams, sixty copies of the Journal and

eighty-eight copies of the constitution, to be sent to Israel Don-

alson; to the county of Belmont, forty copies of the Journal and

sixty copies of the constitution, to be sent to James Caldwell, at

St. Clairville; To the county of Clermont, forty copies of the

Journal and sixty copies of the constitution, to be sent to Roger

Warren; to the county of Fairfield, forty copies of the Journal

and sixty copies of the constitution, to be sent to Emanuel Car-

penter; to the county of Hamilton, two hundred copies of the

Journal and two hundred and eighty copies of the constitution,

to be sent to John Reily; to the county of Jefferson, one hundred

copies of the Journal and one hundred and forty copies of the

constitution, to be sent to John Ward; to the county of Ross, one

hundred copies of the Journal and one hundred and forty copies

of the constitution, to be sent to Edward Tiffin; to the county

of Trumbull, forty copies of the Journal and sixty copies of the

constitution, to be sent to Calvin Peace; to the county of Wash-

ington, eighty copies of the Journal and one hundred and twelve

copies of the constitution, to be sent to Benjamin Ives Gilman.

On motion,

Resolved, That the Secretary of the convention be authorized

to deliver the engrossed constitution to the President, to be by

him kept until a Secretary of State shall be elected and duly

qualified, after which it will be the duty of the President to deliver

the said constitution to the Secretary of State, to be by him filed

in his office.

On motion,

Resolved, That the constitution be ratified by the convention.

And thereupon the following members ratified and sub-

scribed their names to the constitution, to-wit:

Edward Tiffin, President and Representative from the county

of Ross.

From Adams county, Joseph Darlinton, Israel Donalson

and Thos. Kirker.

From Belmont county, James Caldwell and Elijah Woods.

From Clermont county, Philip Gatch and James Sargent..

From Fairfield county, Henry Abrams and Emanuel Car-

penter.

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From Hamilton county, John W. Browne, Charles Willing

Byrd, Francis Dunlavy, William Goforth, John Kitchel, Jere-

miah Morrow, John Paul, John Reily, John Smith and John

Wilson.

From Jefferson county, Rudolph Bair, George Humphrey,

John Milligan, Nathan Updegraff and Bazaleel Wells.

From Ross county, Michael Baldwin, James Grubb, Natha-

niel Massie and T. Worthington.

From Trumbull county, David Abbot and Samuel Hun-

tington.

From Washington county, Ephraim Cutler, Benjamin Ives

Gillman, John McIntire and Rufus Putnam.

A motion was made and seconded that the convention ad-

journ until the --- Tuesday of March next.

And on the question thereupon, it passed in the negative-

yeas, 8; nays, 24.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Bair, Browne, Humphreys, Hun-

tington, Putnam and Smith.

Those who voted in the negative are:

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Cutler, Dar-

linton, Donalson, Dunlavy, Gatch, Gilman, Goforth, Grubb,

Kirker, Kitchel, McIntire, Massie, Milligan, Morrow, Paul,

Reily, Sargent, Updegraff, Wells and Wilson.

And then the convention adjourned sine die.

Attest:                        THOMAS SCOTT,

Secretary.

 

 

CONSTITUTION OF THE STATE OF OHIO-1802.

We, the people of the eastern division of the territory of the

United States , northwest of the river Ohio, having the right of

admission into the general government, as a member of the

Union, consistent with the constitution of the United States,

the ordinance of Congress of one thousand seven hundred and

eighty-seven, and of the law of Congress, entitled, "An act to

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Constitution of the State of Ohio- 1802.    133

 

enable the people of the eastern division of the territory of the

United States, northwest of the river Ohio, to form a constitution

and State government, for the admission of such State into the

Union, on an equal footing with the original States, and for

other purposes," in order to establish justice, promote the welfare

and secure the blessings of liberty to ourselves and our posterity,

do ordain and establish the following constitution or form of

government, and do mutually agree with each other to form

ourselves into a free and independent State, by the name of the

State of Ohio:

ARTICLE I.

 

OF THE LEGISLATIVE POWERS.

SECTION 1. The legislative authority of this State shall be

vested in a General Assembly, which shall consist of a Senate

and a House of Representatives, both to be elected by the people.

(See Const. 1851, Art. II, § 1.)

SEC. 2. Within one year after the first meeting of the

General Assembly, and within every subsequent term of four

years, an enumeration of all the white male inhabitants, above

twenty-one years of age, shall be made in such manner as shall

be directed by law. The number of Representatives shall, at the

several periods of making such enumeration, be fixed by the

Legislature, and apportioned among the several counties accord-

ing to the number of white male inhabitants above twenty-one

years of age in each, and shall never be less than twenty-four,

nor greater than thirty-six, until the number of white male inhab-

itants, above twenty-one years of age, shall be twenty-two thous-

and inhabitants; and, after that event, at such ratio that the

whole number of Representatives shall never be less than thirty-

six, nor exceed seventy-two. (See Const. 1851, Art. XI.)

SEC. 3. The Representatives shall be chosen annually by

the citizens of each county, respectively, on the Second Tuesday

of October. (See Const. 1851, Art. II, § 2.)

SEC. 4. No person shall be a Representative who shall not

have attained the age of twenty-five years, and be a citizen of the

United States, and an inhabitant of this State; shall also have

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resided within the limits of the county in which he shall be chosen,

one year preceding his election, unless he shall have been absent

on the public business of the United States, or of this State, and

shall have paid a State or county tax. (See Const. 1851, Art.

II, § 3.)

SEC. 5. The Senators shall be chosen biennially, by the

qualified voters for Representatives; and on their being con-

vened in consequence of the first election, they shall be divided

by lot, from their respective counties and districts, as near as

can be, into two classes; the seats of the Senators of the first class

shall be vacated at the expiration of the first year, and of the

second class at the expiration of the second year; so that one-

half thereof, as near as possible, may be annually chosen forever

thereafter. (See Const. 1851, Art. II, § 2.)

SEC. 6. The number of Senators shall, at the several

periods of making the enumeration beforementioned, be fixed

by the Legislature, and apportioned among the several counties

or districts, to be established by law, according to the number

of white male inhabitants of the age of twenty-one years in each,

and shall never be less than one-third, nor more than one-half,

of the number of Representatives.

SEC. 7. No person shall be a Senator who has not arrived

at the age of thirty years, and is a citizen of the United States;

shall have resided two years in the county or district immediately

preceding the election, unless he shall have been absent on the

public business of the United States, or of this State; and shall,

moreover, have paid a State or county tax. (See Const. 1851,

Art. II, § 2.)

SEC. 8. The Senate and House of Representatives, when

assembled, shall each choose a speaker and its other officers, be

judges of the qualifications and elections of its members, and sit

upon its own adjournments; two-thirds of each house shall con-

tinue a quorum to do business; but a smaller number may ad-

journ from day to day, and compel the attendance of absent

members. (See Const. 1851, Art. II, §§ 6, 7.)

SEC. 9. Each house shall keep a journal of its proceedings,

and publish them, the yeas and nays of the members, on any

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Constitution of the State of Ohio-1802.     135

 

question shall, at the desire of any two of them, be entered on

the journals. (See Const. 1851, Art. II, § 9.)

SEC. 10. Any two members of either house shall have

liberty to dissent from, and protest against, any act or resolu-

tion which they may think injurious to the public or any indi-

vidual, and have the reasons of their dissent entered on the

journals. (See Const. 1851, Art. II, § 10.)

SEC. 11. Each house may determine the rules of the pro-

ceedings, punish its members for disorderly behavior, and with

the concurrence of two-thirds, expel a member, but not a second

time for the same cause; and shall have all other powers necessary

for a branch of the Legislature of a free and independent State.

(See Const. 1851, Art. II, § 8.)

SEC. 12. When vacancies happen in either house, the Gov-

ernor or the person exercising the power of the Governor, shall

issue writs of election to fill such vacancies. (See Const. 1851,

Art. II, § 11.)

SEC. 13. Senators and Representatives shall, in all cases,

except treason, felony or breach of the peace, be privileged from

arrest during the session of the General Assembly, and in going

to and returning from the same; and for any speech or debate

in either house, they shall not be questioned in any other place.

(See Const. 1851, Art. II, § 12.)

SEC. 14. Each house may punish, by imprisonment during

their session, any person not a member, who shall be guilty of

disrespect to the house, by any disorderly or contemptuous beha-

vior in their presence; provided that such imprisonment shall

not, at one time, exceed twenty-four hours.

SEC. 15. The doors of each house, and of committees of

the whole, shall be kept open, except in such cases, as in the

opinion of the house, require secrecy. Neither house shall, with-

out the consent of the other, adjourn for more than two days,

nor to any other place than that in which the two houses shall

be sitting. (See Const. 1851, Art. II, §§ 13, 14.)

SEC. 16. Bills may originate in either house, but may be

altered, amended or rejected by the other. (See Const. 1851,

Art. II, § 15.)

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SEC. 17. Every bill shall be read on three different days

in each house, unless, in case of urgency, three-fourths of the

house where such bill is so depending, shall deem it expedient to

dispense with this rule, and every bill having passed both houses,

shall be signed by the speakers of their respective houses. (See

Const. 1851, Art. II, § 17.)

SEC. 18. The style of the laws of this State shall be: Be

it enacted by the General Assembly of the State of Ohio. (See

Const. 1851, Art. II, § 18.)

SEC. 19. The Legislature of this State shall not allow the

following officers of government greater annual salaries than as

follows, until the year one thousand eight hundred and eight,

to-wit: The Governor not more than one thousand dollars, the

judges of the Supreme Court not more than one thousand dol-

lars each, the presidents of the Court of Common Pleas not more

than eight hundred dollars each, the Secretary of State not more

than five hundred dollars, the Auditor of Public Accounts not

more than seven hundred and fifty dollars, the Treasurer not more

than four hundred and fifty dollars; no member of the Legislature

shall receive more than two dollars per day during his attendance

on the Legislature, nor more for twenty-five miles he shall travel

in going to and returning from the General Assembly.

SEC. 20. No Senator or Representative shall, during the

time for which he shall have been elected, be appointed to any

civil office under this State, which shall have been created, or

the emoluments of which shall have been increased, during such

time. (See Const. 1851, Art. II, § 22.)

SEC. 21. No money shall be drawn from the treasury, but

in consequence of appropriation made by law. (See Const. 1851,

Art. II, § 22.)

SEC. 22. An accurate statement of the receipts and expen-

ditures of the public money shall be attached to, and published

with, the laws annually.

SEC. 23. The House of Representatives shall have the sole

power of impeaching, but a majority of all the members must

concur in an impeachment; all impeachments shall be tried by

the Senate; and when sitting for that purpose, the Senators shall

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Constitution of the State of Ohio - 1802.  137

 

be upon oath or affirmation to do justice according to law and

evidence; no person shall be convicted without the concurrence

of two thirds of all the Senators. (See Const. 1851, Art. II, §23.)

SEC. 24. The Governor, and all other civil officers under

this State, shall be liable to impeachment for any misdemeanor

in office; but judgment in such case shall not extend further than

removal from office, and disqualification to hold any office of

honor, profit, or trust, under this State. The party, whether con-

victed or acquitted, shall nevertheless be liable to indictment, trial

judgment and punishment, according to law. (See Const. 1851,

Art. II, § 24.)

SEC. 25. The first session of the General Assembly shall

commence on the first Tuesday of March next; and, forever after,

the General Assembly shall meet on the first Monday of Decem-

ber, in every year, and at no other period, unless, directed, by

law, or provided for by this constitution. (See Const. 1851, Art.

II, § 25.)

SEC. 26. No judge of any court of law or equity, Secretary

of State, Attorney General, register clerk of any court of record,

sheriff or collector, member of either house of Congress, or person

holding any office under the authority of the United States, or

any lucrative office under the authority of this State (provided

that appointments in the militia or justice of the peace, shall not

be considered lucrative offices), shall be eligible as a candidate

for, or have a seat in the General Assembly. (See Const. 1851,

Art. II, § 4.)

SEC. 27. No person shall be appointed to any office within

any county, who shall not have been a citizen and inhabitant

therein, one year next before his appointments, if the county shall

have been so long erected, but if the county shall not have been

so long erected, then within the limits of the county or counties

out of which it shall have been taken.

SEC. 28. No person who heretofore hath been, or hereafter

may be a collector or holder of public moneys, shall have a seat

in either house of the General Assembly, until such person shall

have accounted for, and paid into the treasury, all sums for

which he may be accountable or liable. (See Const. 1851, Art.

II, § 5.)

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ARTICLE II.

 

OF THE EXECUTIVE.

SECTION 1. The supreme executive power of this State

shall be vested in a Governor. (See Const. 1851, Art. III, § 5;

Art. VI, § 2.)

SEC. 2. The Governor shall be chosen by the electors of

the members of the General Assembly, on the second Tuesday

of October, at the same places, and in the same manner, that they

shall respectively vote for members thereof. The return of every

election for Governor, shall be sealed up and transmitted to the

seat of government, by the returning officers, directed to the

speaker of the Senate, who shall open and publish them, in the

presence of a majority of the members of each house of the Gen-

eral Assembly; the person having the highest number of votes

shall be Governor; but if two or more shall be equal and highest

in votes, one of them shall be chosen Governor by joint ballot

of both houses of the General Assembly. Contested elections

for Governor shall be determined by both houses of the General

Assembly, in such manner as shall be prescribed by law. (See

Const. 1851, Art. III, §§ 1, 3.)

SEC. 3. The first Governor shall hold his office until the

first Monday of December, one thousand eight hundred and five,

and until another Governor shall be elected and qualified to office;

and forever after shall the Governor hold his office for the term of

two years and until another governor shall be elected and qual-

ified, but he shall not be eligible more than six years in any term

of eight years. He shall be either thirty years of age and have

been a citizen of the United States twelve years and an inhabitant

of this State four years next preceding his election. (See Const.

1851, Art. III, § 2.)

SEC. 4. He shall, from time to time, give to the General

Assembly information of the state of the government and rec-

ommend to their consideration such measures as he shall deem

expedient. (See Const. 1851, Art. III, § 11.)

SEC. 6. The Governor shall, at stated times, receive for

his service a compensation, which shall neither be increased nor

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diminished during the term for which he shall have been elected.

(See Const. 1851, Art. III, § 19.)

SEC. 7. He may require information, in writing, from the

officers in the executive department upon any subject relating to

the duties of their respective offices, and shall take that the laws

be faithfully executed. (See Const. 1851, Art. III, § 6.)

SEC. 8. When any officer, the right of whose appointment

is, by this constitution, vested in the General Assembly, shall dur-

ing the recess, die, or his office by any means become vacant,

the Governor shall have power to fill such vacancy by granting

a commission, which shall expire at the end of the next session

of the Legislature.

SEC. 9. He may, on extraordinary occasions, convene the

General Assembly, by proclamation, and shall state to them,

when assembled, the purposes for which they shall have been

convened. (See Const. 1851, Art. III, § 8.)

SEC. 10. He shall be commander-in-chief of the army and

navy of this State, and of the militia, except when they shall be

called into the service of the United States. (See Const. 1851,

Art. III, § 10.)

SEC. 11. In case of disagreement between the two Houses,

with the respect to the time of adjournment, the Governor shall

have the power to adjourn the General Assembly to such time

as he thinks proper; provided it is not a period beyond the an-

nual meeting of the Legislature. (See Const. 1851, Art. III, § 9.)

SEC. 12. In case of the death, impeachment, resignation

or removal of the Governor from office, the Speaker of the Senate

shall exercise the office of Governor until he be acquitted or an-

other Governor shall be duly qualified. In case of the impeach-

ment of the Speaker of the Senate, or his death, removal from

office, resignation or absence from the State, the Speaker of the

House of Representatives shall succeed to the office and exer-

cise the duties thereof until a governor shall be elected and qual-

ified. (See Const. 1851, Art. III, §§ 15, 17.)

SEC. 13. No member of Congress, or person holding any

office under the United States, or this State, shall execute the

office of Governor. (See Const. 1851, Art. III, § 14.)

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SEC. 14. There shall be a seal of this State, which shall be

kept by the Governor and used by him officially, and shall be

called "The great Seal of the State of Ohio." (See Const. 1851,

Art. III, § 12.)

SEC. 15. All grants and commissions shall be in the name

and by the authority of the State of Ohio, sealed with the seal,

signed by the Governor, and countersigned by the Secretary.

(See Const. 1851, Art. III, § 13.)

 

SECRETARY OF STATE.

SEC. 16. A Secretary of State shall be appointed by a joint

ballot of the Senate and House of Representatives, who shall

continue in office three years, if he shall so long behave himself

well. He shall keep a fair register of all the official acts and pro-

ceedings of the Governor; and shall, when required, lay the same,

and all papers, minutes and vouchers relative thereto, before

either branch of the Legislature, and shall perform such other

duties as shall be assigned him by law. (See Const. 1851, Art.

III, §§ 1, 2.)

ARTICLE III.

 

OF THE JUDICIARY.

SECTION 1. The judicial power of this State, both as to

matters of law and equity, shall be vested in a Supreme Court,

in Courts of Common Pleas for each county, in Justices of the

Peace, and in such other courts as the Legislature may, from

time to time, establish. (See Const. 1851, Art. IV, § 1.)

SEC. 2. The Supreme Court shall consist of three Judges,

and two of whom shall be a quorum. They shall have original

and appellate jurisdiction both in common law and chancery, in

such cases as shall be directed by law; provided, that nothing

herein contained shall prevent the General Assembly from add-

ing another Judge to the Supreme Court after the term of five

years; in which case the Judges may divide the State into two

circuits, within which any two of the Judges may hold a court.

(See Const. 1851, Art. IV, § 2.)

SEC. 3. The several Courts of Common Pleas shall con-

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Constitution of the State of Ohio -1802.    141

 

sist of a President and Associate Judges. The State shall be

divided, by law, into three circuits; there shall be appointed in

each circuit a President of the Courts who, during his continuance

in office, shall reside therein. There shall be appointed in each

county not more than three nor less than two Associate Judges

who, during their continuance in office, shall reside therein. The

President and Associate Judges, in their respective counties, any

three of whom shall be a quorum, shall compose the Court of

Common Pleas; which court shall have common law and chan-

cery jurisdiction in all such cases as shall be directed by law;

provided, that nothing herein contained shall be construed to

prevent the Legislature from increasing the number of circuits

and Presidents after the term of five years. (See Const. 1851,

Art. IV, §§ 3, 4, 12.)

SEC. 4. The Judges of the Supreme Court and Courts of

Common Pleas shall have complete criminal jurisdiction in such

cases and in such manner as may be pointed out by law. (See

Const. 1851, Art. IV, § 4.)

SEC. 5. The Court of Common Pleas in each county shall

have jurisdiction of all probate and testamentary matters, grant-

ing administration, the appointments of guardians, and such other

cases as shall be prescribed by law. (See Const. 1851, Art. IV,

§§ 4, 8.)

SEC. 6. The Judges of the Court of Common Pleas shall,

within their respective counties, have the same powers with the

Judges of the Supreme Court, to issue writs of certiorari to the

Justices of the Peace, and to cause their proceedings to be brought

before them, and the like right and justice to be done. (See

Const. 1851, Art. IV, § 4.)

SEC. 7. The Judges of the Supreme Court shall, by virtue

of their offices, be conservators of the peace throughout the State.

The President of the Courts of Common Pleas shall, by virtue of

their offices, be conservators of the peace in their respective cir-

cuits; and the Judges of the Courts of the Common Pleas shall,

by virtue of their offices, be conservators of the peace in their

respective counties.

SEC. 8. The Judges of the Supreme Court, the President

and the Associate Judges of the Courts of Common Pleas shall

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be appointed by a joint ballot of both Houses of the General

Assembly, and shall hold their offices for the term of seven years,

if so long they behave well. The Judges of the Supreme Court

and the President of the Court of Common Pleas shall, at stated

times, receive for their services an adequate compensation, to

be fixed by law, which shall not be diminished during their con-

tinuance in office; but they shall receive no fees or perquisites

of office, nor hold any other office of profit or trust under the

authority of this State or the United States. (See Const. 1851,

Art. IV, §§ 12, 14.)

SEC. 9. Each court shall appoint its own clerk for the term

of seven years; but no person shall be appointed clerk, except

pro tempore, who shall not produce to the court appointing him

a certificate from a majority of the Judges of the Supreme Court,

that they judge him to be well qualified to execute the duties of

the office of clerk to any court of the same dignity with that for

which he offers himself. They shall be removable for breach of

good behavior at any time by the judges of the respective courts.

(See Const. 1851, Art. IV, § 16.)

SEC. 10. The Supreme Court shall be held once a year in

each county, and the Courts of Common Pleas shall be holden

in each county, at such times and places, as shall be prescribed

by law.

SEC. 11. A competent number of Justices of the Peace

shall be elected by the qualified electors in each township in the

several counties and shall continue in office three years, whose

powers and duties shall, from time to time, be regulated and

defined by law. (See Const. 1851, Art. IV, § 9.)

SEC. 12. The style of all process shall be, "The State of

Ohio"; all prosecutions shall be carried on in the name and by

the authority of the State of Ohio, and all indictments shall con-

clude, "against the peace and dignity of the same." (See Const.

1851, Art. IV, § 20.)

ARTICLE IV.

OF ELECTIONS AND ELECTORS.

SECTION 1. In all elections, all white male inhabitants

above the age of twenty-one years, having resided in the State

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Constitution of the State of Ohio-1802.     143

 

one year next preceding the election, and who have paid or are

charged with a State or county tax, shall enjoy the right of an

elector; but no person shall be entitled to vote, except in the

county or district in which he shall actually reside at the time of

the election. (See Const. 1851, Art. V, § 1.)

SEC. 2. All elections shall be by ballot. (See Const. 1851,

Art. V, § 2.)

SEC. 3. Electors shall, in all cases except treason, felony

or breach of the peace, be privileged from arrest, during their

attendance at elections, and in going to and returning from the

same. (See Const. 1851, Art. V, § 3.)

SEC. 4. The Legislature shall have full power to exclude

from the privilege of electing, or being elected, any person con-

victed of bribery, perjury, or any other infamous crime. (See

Const. 1851, Art. V, § 4.)

SEC. 5. Nothing contained in this article shall be so con-

strued as to prevent white male persons, above the age of twenty-

one years, who are compelled to labor on the roads of their re-

spective townships or counties, and who have resided one year

in the State, from having the right of an elector. (See Const.

1851, Art. V, § 1.)

ARTICLE V.

OF THE MILITIA OFFICERS.

SECTION 1. Captains and subalterns in the militia shall

be elected by those persons in their respective company districts

subject to military duty.

SEC. 2. Majors shall be elected by the captains and sub-

alterns of the battalion.

SEC. 3. Colonels shall be elected by the majors, captains

and subalterns of the regiment.

SEC. 4. Brigadier-generals shall be elected by the com-

missioned officers of their respective brigades.

SEC. 5. Majors general and quartermasters general shall

be appointed by joint ballot of both Houses of the Legislature.

SEC. 6. The Governor shall appoint the adjutant-general.

The majors general shall appoint their aids and other division

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staff officers. The brigadiers general shall appoint their brigade

majors and other brigade staff officers. The commanding offi-

cers of regiments shall appoint their adjutants, quartermasters

and other regimentals shall appoint their adjutants, quartermas-

ters and other regimental staff officers; and the captains and sub-

alterns shall appoint their non-commissioned officers and mu-

sicians.

SEC. 7. The captains and subalterns of the artillery and

cavalry shall be elected by the persons enrolled in their respective

corps; and the majors and colonels shall be appointed in such

manner as shall be directed by law. The colonels shall appoint

their regimental staff; and the captains and subalterns their non-

commissioned officers and musicians. (See Const. 1851, Art. IX.)

 

ARTICLE VI.

 

OF CIVIL OFFICERS.

SECTION 1. There shall be elected in each county one

sheriff and one coroner by the citizens thereof who are qualified

to vote for members of the assembly; they shall be elected at

the time and place of holding elections for members of assembly;

they shall continue in office two years, if they shall so long behave

well, and until successors be chosen and duly qualified; provided,

that no person shall be eligible as sheriff for a longer term than

four years in any term of six years. (See Const. 1851, Art. X,

§§ 1-3.)

SEC. 2. The State Treasurer and Auditor shall be trien-

nially appointed by a joint ballot of both Houses of the Legis--

lature.

SEC. 3. All town and township officers shall be chosen

annually by the inhabitants thereof duly qualified to vote for

members of Assembly, at such time and place as may be directed

by law. (See Const. 1851, Art. X, § 1.)

SEC. 4. The appointments of all civil officers, not other-

wise directed by this constitution, shall be made in such manner

as may be directed by law.

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Constitution of the State of Ohio -1802.   145

 

ARTICLE VII.

 

OFFICIAL OATHS.

SECTION 1. Every person who shall be chosen or ap-

pointed to any office, or trust, or profit under the authority of

this State shall, before the entering on the execution thereof,

taking an oath or affirmation to support the constitution of the

United States and of this State, and also an oath of office. (See

Const. 1851, Art. XV, § 7.)

 

 

BRIBERY AT ELECTIONS.

SEC. 2. Any elector who shall receive any gift or reward

for his vote in meat, drink, money or otherwise, shall suffer such

punishment as the law shall direct; and any person who shall,

directly or indirectly, give, promise or bestow any such reward

to be elected, shall thereby be rendered incapable, for two years,

to serve in the office for which he was elected and be subject to

such other punishment as shall be directed by law.

 

OF NEW COUNTIES.

SEC. 3. No new county shall be established by the Gen-

eral Assembly which shall reduce the county or counties, or either

of them, from which it shall be taken, to less contents than four

hundred square miles; nor shall any county be laid off of less

contents. Every new county, as to the right of suffrage and

representation, shall be considered as a part of the county or

counties from which it was taken until entitled by numbers to

the right of representation. (See Const. 1851, Art. II, § 30.)

 

OF THE SEAT OF GOVERNMENT.

SEC. 4. Chillicothe shall be the seat of government until

the year one thousand eight hundred and eight. No money shall

be raised, until the year one thousand eight hundred and nine,

by the Legislature of this State for the purpose of erecting public

buildings for the accommodation of the Legislature. (See Const.

1851, Art. XV, § 1.)

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OF AMENDMENTS TO THE CONSTITUTION.

SEC. 5. That after the year one thousand eight hundred

and six, whenever two-thirds of the General Assembly shall think

it necessary to amend or change this constitution, they shall rec-

ommend to the electors, at the next election for members to the

General Assembly, to vote for or against a convention, and if it

shall appear that a majority of the citizens of the State, voting

for Representatives, have voted for a convention, the General

Assembly shall, at their next session, call a convention, to con-

sist of as many members as there shall be in the General As-

sembly; to be chosen in the same manner, at the same place,

and by the same electors that choose the General Assembly; who

shall meet within three months after the said election for the pur-

pose of revising, amending or changing the constitution. But

no alteration of this constitution shall ever take place, so as to

introduce slavery or involuntary servitude into this State. (See

Const. 1851, Art. XVI, § 2.)

 

BOUNDARIES OF THE STATE.

SEC. 6. That the limits and boundaries of this State be

ascertained, it is declared that they are as hereafter mentioned;

that is to say: bounded on the east by the Pennsylvania line; on

the south by the Ohio River to the mouth of the Great Miami,

aforesaid; and on the north by an east and west line and 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 ter-

ritorial line, and thence with the same, through Lake Erie, to

the Pennsylvania line aforesaid; provided always, and it is hereby

fully understood and declared by this convention, that if the

southerly bend or extreme of Lake Michigan should extend so

far south, that a line drawn due east from it should not intersect

Lake Erie, or if it should intersect the said Lake Erie, east of

the mouth of the Miami River of the Lake, then in that case, with

the assent of Congress of the United States, the northern boun-

dary of this State shall be established by, and extended to a direct

line running from the southern extremity of Lake Michigan to

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Constitution of the State of Ohio -1802.     147

 

the most northerly cape of the Miami Bay, after intersecting the

due north line from the mouth of the Great Miami River as afore-

said, thence northeast to the territorial line, and, by the said ter-

ritorial line to the Pennsylvania line.

 

ARTICLE VIII.

 

BILL OF RIGHTS.

That the general, great and essential principles of liberty and

free government may be recognized and forever unalterably estab-

lished, we declare:

SECTION 1. That all men are born equally free and in-

dependent, and have certain natural, inherent and unalienable

rights; amongst which are the enjoying and defending life and lib-

erty, acquiring, possessing and protecting property, and pursuing

and obtaining happiness and safety; and every free republican

government, being founded on their sole authority, and organized

for the great purpose of protecting their rights and liberties, and

securing their independence; to effect these ends, they have at

all times a complete power to alter, reform or abolish their gov-

ernment, whenever they may deem it necessary. (See Const.

1851, Art. I, §§ 1, 2.)

SEC. 2. There shall be neither slavery nor involuntary

servitude in this State, otherwise than for the punishment of

crimes, whereof the party shall have been duly convicted; nor

shall any male person, arrived at the age of twenty-one years,

or female person arrived at the age of eighteen years, be held to

serve any person as a servant, under the pretense of indenture

or otherwise, unless such person shall enter into such indenture

while in a state of perfect freedom, and on a condition of a bona

fide consideration, received or to be received, for their service,

except as before excepted. Nor shall any indenture of any negro

or mulatto hereafter made and executed out of the State, or

if made in the State, where the term of service exceeds one

year, be of the least validity, except those given in the case of

apprenticeships. (See Const. 1851, Art. I, § 6.)

SEC. 3. That all men have a natural and indefeasible right

to worship Almighty God according to the dictates of con-

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science; that no human authority can, in any case whatever,

control or interfere with the rights of conscience; that no man

shall be compelled to attend, erect or support any place of wor-

ship, or to maintain any ministry, against his consent, and that no

preference shall ever be given, by law, to any religious society

or mode of worship, and no religious test shall be required as

a qualification to any office of trust or profit. But religion, mor-

ality and knowledge being essentially necessary to good govern-

ment and the happiness of mankind, schools and the means of

instructions shall forever be encouraged by legislative provision

not inconsistent with the rights of conscience. (See Const. 1851,

Art. I, § 7.)

SEC. 4. Private property ought and shall ever be held

inviolate, but always subservient to the public welfare, provided

a compensation in money be made to the owner. (See Const.

1851, Art. I, § 19 and Note.)

SEC. 5. That the people shall be secure in their persons,

houses, papers, and possessions, from unwarrantable searches

and seizures; and that general warrants, whereby an officer may

be commanded to search suspected places, without probable

evidence of the fact committed, or to seize any person or per-

sons not named, whose offenses are not particularly described,

and without oath or affirmation, are dangerous to liberty, and

shall not be granted. (See Const. 1851, Art. I, § 14.)

SEC. 6. That the printing presses shall be open and free

to every citizen who wishes to examine the proceedings of any

branch of government, or the conduct of any public officer, and

no law shall ever restrain the right thereof. Every citizen has

an indisputable right to speak, write or print, upon any subject,

as he thinks proper, being liable for the abuse of that liberty.

In prosecutions for any publication respecting the official conduct

of men in a public capacity, or where the matter published is

proper for public information, the truth thereof may always be

given in evidence; and in all indictments for libels, the jury shall

have the right to determine the law and the facts, under the direc-

tion of the court, as in other cases. (See Const. 1851, Art. I, § 11.)

SEC. 7. That all courts shall be open, and every person,

for an injury done him in his lands, goods, person or reputation,

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Constitution of the State of Ohio -1802.     149

 

shall have remedy by the due course of law, and right and justice

administered, without denial or delay. (See Const. 1851, Art.

I, § 16,)

SEC. 8. That the right of trial by jury shall be inviolate.

(See Const. 1851, Art. I, § 5.)

SEC. 9. That no power of suspending laws shall be exer-

cised, unless by the Legislature. (See Const. 1851, Art. I, § 18.)

SEC. 10. That no person arrested or confined in jail shall

be treated with unnecessary rigor, or be put to answer any crim-

inal charge, but by presentment, indictment or impeachment.

(See Const. 1851, Art. I, § 10.)

SEC. 11. That in all criminal prosecutions the accused has

a right to be heard by himself and his counsel to demand the

nature and cause of the accusation against him, and to have a

copy thereof; to meet the witness face to face; to have compul-

sory process for obtaining witnesses in his favor, and in prosecu-

tions by indictment or presentment, a speedy public trial, by an

impartial jury of the county or district in which the offense shall

have been committed, and shall not be compelled to give evidence

against himself, nor shall he twice be put in jeopardy for the same

offense. (See Const. 1851, Art. I, § 10.)

SEC. 12. That all persons shall be bailable by sufficient

sureties, unless for capital offenses, where the proof is evident

or the presumption is great; and the privilege of the writ of habeas

corpus shall not be suspended, unless when the case of rebellion

or invasion, the public safety may require it. (See Const. 1851,

Art. I, §§ 8, 9.)

SEC. 13. Excessive bail shall not be required; excessive

fines shall not be imposed, nor cruel and unusual punishment

inflicted. (See Const. 1851, Art. I, § 9.)

SEC. 14. All penalties shall be proportioned to the nature

of the offense. No wise Legislature will affix the same punish-

ment to the crimes of theft, forgery, and the like, which they do

to those of murder and treason. When the same undistinguished

severity is exerted against all offenses, the people are led to forget

the real distinction in the crimes themselves, and to commit the

most flagrant with as little compunction as they do the slightest

offenses. For the same reasons, a multitude of sanguinary laws

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are both impolitic and unjust; the true design of all punishment

being to reform, not to exterminate mankind.

SEC. 15. The person of a debtor, where there is not strong

presumption of fraud, shall not be continued in prison, after deliv-

ering up his estate for the benefit of his creditor or creditors, in

such manner as shall be prescribed by law. (See Const. 1851,

Art. I, § 15.)

SEC. 16. No ex post facto law nor any law impairing the

validity of contracts, shall ever be made; and no conviction shall

work corruption of blood, or forfeiture of estate. (See Const.

1851, Art. II, § 28.)

SEC. 17. That no person shall be liable to be transported

out of this State for any offense committed in the State. (See

Const. 1851, Art. I, § 12.)

SEC. 18. That a frequent recurrence to the fundamental

principles of civil government is absolutely necessary to preserve

the blessings of liberty.

SEC. 19. That the people have a right to assemble together,

in a peaceable manner, to consult for their common good, to

instruct their Representatives, and to apply to the Legislature for

a redress of grievances. (See Const. 1851, Art. I, § 3.)

SEC. 20. That the people have a right to bear arms for the

defence of themselves and the State; and as standing armies in

time of peace are dangerous to liberty, they shall not be kept

up; and that the military shall be kept under strict subordination

to the civil power. (See Const. 1851, Art. I, § 4.)

SEC. 21. That no person in this State, except such as

are employed in the army or navy of the United States or militia

in actual service, shall be subject to corporal punishment, under

the military law.

SEC. 22. That no soldier, in time of peace, be quartered

in any house without the consent of the owner, nor in time of

war, but in the manner prescribed by law. (See Const. 1851,

Art. I, § 13.)

SEC. 23. That the levying taxes by the poll is grievous

and oppressive; therefore the Legislature shall never levy a poll

tax for county or State purposes. (See Const. 1851, Art. XII,

§ 1.)

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Constitution of the State of Ohio - 1802.    151

 

SEC. 24. That no hereditary emoluments, privileges or

honors shall ever be granted or conferred by this State. (See

Const. 1851, Art. I, § 17.)

SEC. 25. That no law shall be passed to prevent the poor

in the several counties and townships, within this State, from an

equal participation in the schools, academies, colleges and uni-

versities within this State, which are endowed, in whole or in

part, from the revenue arising from donations made by the United

States, for the support of schools, academies and universities,

shall be open for the reception of scholars and students and

teachers, of every grade, without any distinction or preference

whatever, contrary to the intent for which said donations were

made.

SEC. 26. That laws shall be passed by the Legislature

which shall secure to each and every denomination of religious

societies, in each surveyed township, which is now, or may

hereafter be formed in the State, an equal participation accord-

ing to their number of adherents of the profits arising from the

land granted by Congress, for the support of religion, agreeably

to the ordinance or act of Congress making the appropriation.

SEC. 27. That every association of persons, when regu-

larly formed, within this State, and having given themselves a

name, may on application to the Legislature, be entitled to

receive letters of incorporation, to enable them to hold estates,

real and personal, for the support of their schools, academies,

colleges, universities, and for other purposes.

SEC. 28. To guard against the transgressions of the high

powers, which we have delegated, we declare, that all powers, not

hereby delegated, remain with the people. (See Const. 1851,

Art. I, § 20.)

SCHEDULE.

SECTION 1. That no evils or inconveniencies may arise,

from the change of a territorial government to a permanent State

government, it is declared by this convention, that all rights, suits

actions, prosecutions, claims and contracts, both as it respects

individuals and body corporate, shall continue, as if no change

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had taken place in the government. (See Const, 1851, Sched.,

§ 1.)

SEC. 2. All fines, penalties and forfeitures, due and owing

to the territory of the United States, northwest of the river Ohio,

shall inure to the use of the State. All bonds executed to the

Governor, or any other officer in his official capacity, in the

territory, shall pass over to the Governor and other officers of

the State, and their successors in office, for the use of the State,

or by him or them to be respectively assigned over to the use

of those concerned, as the case may be.

SEC. 3. The Governor, Secretary and judges, and all other

officers under the territorial government, shall continue in the

exercise of the duties of their respective departments until the

said officers are superseded under the authority of this constitu-

tion. (See Const. 1851, Sched., § 10.)

SEC. 4. All laws, and parts of laws, now in force in this

territory, not inconsistent with this constitution, shall continue

and remain in full effect, until repealed by the Legislature, except

so much of the act entitled, "An act regulating the admission

and practice of attorneys and counsellors-at-law", and of the act

made amendatory thereto, as related to the term of time which

the applicant shall have studied law, his residence within the

territory, and the term of time which he shall have practiced as

an attorney-at-law, before he can be admitted to the degree of

a counsellor-at-law. (See Const. 1851, Sched., § 1.)

SEC. 5. The Governor of the State shall make use of his

private seal, until a State seal be procured.

SEC. 6. The President of the convention shall issue writs

of election to the sheriffs of the several counties, requiring them to

proceed to the election of a Governor, members of the General

Assembly, sheriffs and coroners, at the respective election dis-

tricts in each county, on the second Tuesday of January next;

which election will be conducted in the manner prescribed by

the existing election laws of the territory; and the members of

the General Assembly, then elected, shall continue to exercise the

duties of their respective offices, until the next annual or biennial

election thereafter, as prescribed in this constitution, and no

longer.

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Constitution of the State of Ohio--1802.   153

 

SEC. 7. Until the first enumeration shall be made, as

directed in the second section of the first article of the constitu-

tion, the county of Hamilton, shall be entitled to four Senators

and eight Representatives; the county of Clermont, one Senator

and two Representatives; the county of Adams, one Senator and

three Representatives; the county of Ross, two Senators and

four Representatives; the county of Fairfield, one Senator and

two Representatives; the county of Washington, two Senators and

three Representatives; the county of Belmont, one Senator and

two Representatives; the county of Jefferson, two Senators and

four Representatives, and the county of Trumbull, one Senator

and two Representatives.

Done in convention, at Chillicothe, the twenty-ninth day of

November, in the year of our Lord one thousand eight hundred

and two, and of the independence of the United States of America,

the twenty-seventh.

In testimony whereof, we have hereunto subscribed our

names.

Edward Tiffin, President and Representative from the county

of Ross.

Adams county, Joseph Darlington, Israel Donalson, Thomas

Kirker.

Belmont county, Thomas Caldwell, Elijah Woods.

Clermont county, Philip Gatch, James Sargent.

Fairfield county, Henry Abrams, Emanuel Carpenter.

Hamilton county, John W. Browne, Chas. Willing Byrd,

Francis Dunlavy, William Goforth, John Kitchel, Jeremiah Mor-

row, John Paul, John Reily, John Smith.

Jefferson county, Rudolph Bair, George Humphrey, John

Milligan, Nathan Updegraff, Bazaleel Wells.

Ross county, Michael Baldwin, James Grubb, Nathaniel

Massie, Thomas Worthington.

Trumbull county, David Abbot, Samuel Huntington.

Washington county, Ephraim Cutler, Benjamin Ives Gil-

man, John McIntire, Rufus Putnam.

Attest:                         THOMAS SCOTT,

Secretary.

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COMMUNICATION

FROM THE CONSTITUTIONAL CONVENTION TO THE PRESIDENT

AND CONGRESS OF THE UNITED STATES.

CHILLICOTHE (N. W. T.), December 4, 1802.

Honored Sir:

Enclosed you will receive an address from the convention

lately convened at this place for the purpose of forming a con-

stitution and State Government for the seventeenth State of

United America, and which has been made my duty to enclose

to you, to be communicated to the honorable body over which

you preside.

With every sentiment of respect, I have the honor to be,

sir, your most obedient servant,    EDWARD TIFFIN.

The Honorable the Speaker of the House of

Representatives of the United States.

 

ADDRESS TO THE PRESIDENT AND BOTH HOUSES OF CONGRESS

OF THE UNITED STATES.

The convention of the State of Ohio, duly appreciating the

importance of a free and independent State government, and

impressed with sentiments of gratitude to the Congress of the

United States for the prompt and decisive measures taken at their

last session, to enable the people of the Northwestern Territory

to emerge from their colonial government, and to assume a rank

among the sister States, beg leave to take the earliest opportunity

of announcing to you this important event.

On this occasion, the convention cannot help expressing

their unequivocal approbation of the measures pursued by the

present administration of the General Government and of both

Houses of Congress, in diminishing the public burdens, cultivat-

ing peace with all nations, and promoting the happiness and

prosperity of our country.

Resolved, That the President of this convention do enclose

to the President of the United States, to the President of the Sen-

ate, and to the Speaker of the House of Representatives of the

United States, the foregoing address.

Done in convention, at Chillicothe, the 27th day of No-

vember, 1802.                    EDWARD TIFFIN,

President of the Convention.

THOMAS SCOTT, Secretary.

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REPORT OF A. GALLATIN

 

RELATING TO THE PUBLIC LANDS IN THE STATE OF OHIO.

 

TREASURY DEPARTMENT, January 13, 1803.

Sir: The gross amount of lands within the United States

Military Tract is computed at two million five hundred and thirty-

nine thousand one hundred and ten acres; one-thirty-sixth part

of which, if appropriated for schools in conformity to the propo-

sition of the convention of the State of Ohio, will amount to

seventy thousand five hundred and thirty-one acres. The grants

already made within that tract amount to one million eighty-one

thousand two hundred and seventy acres, which, supposing the

school appropriation to take place, will leave one million three

hundred and eighty-seven thousand three hundred and nine acres

therein for the future disposition of Congress.

If the modifications proposed by the convention shall be

acceded to, it will be necessary to define the manner in which the

above mentioned seventy thousand five hundred and thirty-one

acres, as well as the sections to be given for the use of schools

in those fractional townships containing less than three-fourths

of an entire township, and in which the section No. 16 has been

disposed of, shall be located. There are but thirty-seven such

fractional townships in which that section did exist, and only

twelve such sections have been sold. The mode of designating

an equal number of sections in lieu thereof is not, therefore,

material.

The seventy thousand five hundred and thirty-one acres in

the Military Tract may be designated by directing that as many

quarter townships (which quarters in that tract contain four thous-

and acres each) as will make up the whole amount, shall be

selected by lot; and the same mode may be extended to the

designation of the lands which Congress may assign for the use

of schools in the Connecticut Reserve. But if it shall be thought

proper to give an agency in the selection to the State, it will be

necessary to limit the time within which that agency shall be

exercised, and to provide, in case of failure on their part, for

another mode of designating the land.

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As the request made by the convention for certain lands in

lieu of the township granted to J. C. Symmes and his associates

for an academy, is no part of the modifications proposed to the

original propositions of Congress, an immediate decision may

not be necessary; and it seems proper and just that measures

should, in the first place, be taken for the recovery of that town-

ship which was granted in trust to J. C. Symmes and his asso-

ciates, and which, at all events, ought not to be applied to their

private use, since they did not pay for it. The difficulty, in this

case, arises from the following circumstances:

J. C. Symmes had originally applied for two millions of acres,

and it had then been contemplated to give him a township for

the use of an academy. The contract was, however, made with

the Board of Treasury (in 1787), by his attorneys, Messrs. Dayton

and March, for only one million of acres, and no grant or

promise of an academy or college township was inserted in it.

In 1792, Congress directed that a township for that purpose

should be included in the grant of lands to be made to said

Symmes and his associates; and a patent accordingly issued,

under date of 30th September, 1794, for a tract containing three

hundred and eleven thousand six hundred and eighty-two acres,

reserving five sections in each township for certain purposes;

and further declaring, "that one complete township, or tract of

land of six miles square, to be located within the approbation of

the Governor for the time being, of the territory northwest of

the river Ohio, and within the term of five years, as nearly as

may be, in the centre of the tract herein granted, has been and

is granted, and shall be holden in trust to and for the sole and

exclusive intent and purpose of erecting and establishing therein

an academy and other public schools and seminaries of learning,

and endowing and supporting the same, and to and for no other

use, intent, or purpose whatever."

At the time when the patent was granted there was, as Mr.

Symmes states, but one entire township within its bounds; some

sections having been sold in every other township, because he

had not contemplated such reservation, and that one entire town-

ship remained so, only because it had been reserved by Mr.

Symmes for himself and his associates. He applied, in 1798,

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to Governor St. Clair, in order to obtain his approbation to the

location of that township, in conformity to the words of the

patent. Although there does not really appear to have existed

any other unsold township at the time, the Governor refused

his assent, because that offered was, in his opinion, of inferior

quality, and not in the centre of the patent, and because a part

of it was claimed by Elias Boudinot, one of Judge Symmes's

associates. Since that time, it is understood that one-half of that

township has been sold under judgments obtained against Mr.

Symmes; the other undivided half is said to be still claimed by

Mr. Boudinot under articles of agreement, dated before the date

of the contract of Mr. Symmes with the Board of Treasury, and

by which the last mentioned person agreed that he would, after

he had received a title from the United States, convey to Mr.

Boudinot, as his associate in the intended purchase, a part of

the same.

As the patent is in the name of J. C. Symmes and his asso-

ciates, it is not believed that the claim of any of the associates,

as such, can affect the title of the public against them as trustees;

but in what manner they shall be compelled to execute the trust

is the question to be decided.

Perhaps Congress, at the same time that they shall direct

legal measures to be taken for the recovery and due application

of the land, might provide, that, if J. C. Symmes and his asso-

ciates shall pay to the United States the original purchase money

(two-thirds of a dollar per acre) for that township, with interest

from the date of the patent, they shall be released from the execu-

tion of the trust, and the township confirmed to them for their

own use; and they might also designate another entire town-

ship in the Cincinnati district, and as near to the Miami and

Ohio as practicable, to be given in lieu of the other, in case

either this should not be recovered, or J. C. Symmes and his

associates should pay for it on the above mentioned terms.

Permit me to suggest, here, the propriety of opening a land

office for the sale of all the remaining lands in the Military Tract,

and also to repeal those parts of the general land law which

forbid the sale of certain sections throughout the whole extent

of the lands of the United States, except so far as relates to the

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school sections and to the sections reserved for religious pur-

poses in the lands sold prior to the law of the 18th May, 1796.

The plan of reserving some sections in each township for the

purpose of giving to the public a share in the increasing value of

lands, originated at a time when lands were sold by the United

States at a lower rate and in large tracts.

The present mode of disposing of the public lands, as under

it none are sold until they have attained the value of two dollars

per acre, effects the same object, and renders the reservation

useless. No further precaution seems necessary in relation to

that object, than to order a public sale of those reservations

before they shall be offered on the usual terms.

The part of the Military Tract which shall remain for future

disposition may be divided into sections and half sections, and

a land office opened at Zanesville, for the sale both of those

lands and of those lying north of the Ohio Company purchase,

which now belong to the Marietta District. The sales have

been so inconsiderable in that district that little doubt remains

that the place selected for the land office was not the most proper.

It is, however, suggested that the sales would be eventually pro-

moted in that and in all other districts, by permitting the sale

of fractional sections, without being attached to the adjoining

entire section.

There is another circumstance which, though of inferior im-

portance, seems to merit some consideration.

The price at which Congress sell their lands is advanta-

geous to the population and prosperity of the State of Ohio.

It has effectually destroyed the monopoly of lands, and throws

the land exclusively in the hands of the actual settlers; yet it is

considered as high; and, on that account, the payment of fees,

in addition to the purchase money, is generally complained of.

This objection should be removed, by giving to the registers a

small salary or commission in lieu of their fees. About $500 a year

to each, that of Marietta excepted, would be, I believe, a sufficient

compensation, in addition to the half per cent. commission which

they receive on moneys entered.

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Report of John Randolph.            159

 

I have the honor to be, very respectfully, sir, your obedient

servant,                           ALBERT GALLATIN.

The HON. JOHN RANDOLPH, ESQ.,

Chairman of the committee to whom were referred the constitution

and sundry propositions submitted by the State of Ohio.

 

 

 

REPORT OF JOHN RANDOLPH

RELATING TO THE ADMISSION OF OHIO AND THE PUBLIC

LANDS THEREIN.

 

(COMMUNICATED TO THE HOUSE OF REPRESENTATIVES, FEB. 2, 1803.)

Mr. Randolph, from the committee to whom were referred

a letter from Edward Tiffin, president of the convention of the

State of Ohio, and a letter from Thomas Worthington, special

agent of the said State, enclosing the constitution thereof, to-

gether with sundry propositions in addition to, and in modifica-

tion of, those contained in the act, entitled "An act to enable the

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 foot-

ing with the original States, and for other purposes," made the

following report:

That the ordinance for ascertaining the mode of disposing

of land in the Western Territory, passed by Congress on the

twentieth day of May, 1785, establishes the principle of reserv-

ing one thirty-sixth part of the lands sold for the use of schools.

That to this principle, equally liberal and wise, your committee

believe it a sound policy to adhere, and to extend it wherever

practicable. They are aware of the objection that the right of

soil in the tract of country commonly called the Connecticut

reserve, having been ceded by Congress without any valuable

consideration, and no reservation having been made for the sup-

port of schools therein, the inhabitants of that portion of the State

of Ohio have not equal claims on the bounty of Congress with

those who, having purchased their lands of the United States,

have contributed large sums to the public treasury. But if it be

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160       Ohio Arch. and His. Society Publications.

 

recollected that the actual settlers are not, generally, those that

have been enriched by that extraordinary donation, but pur-

chasers under them, and at prices, it is believed, not inferior

to those received for the public lands, and that whilst they

are burdened with their full proportion of their expense of

the State government, they are cut off from an equal partici-

pation of the benefits enjoyed by their fellow-citizens; when,

moreover, it is considered that the provision for schools em-

braces not the emolument of individuals, but the interest of moral-

ity and learning, the committee are of opinion that Congress

will perceive the propriety of acceding to a proposition, the ten-

dency of which is to cherish and confirm our present happy polit-

ical institutions and habits.  This last consideration applies

equally to the United States Military Tract, to the military reser-

vation of Virginia, and to lands which may hereafter be acquired

from the Indian tribes.

No objection suggests itself why the lands which are or may

be appropriated for the use of schools within the State of Ohio

should not be vested in the Legislature of that State, in trust for

that purpose.

The appropriation offered in the third proposition of the

act enabling the people within the limits of the present State of

Ohio to become a coequal member of the Union, originating

in the belief that it would at once enhance the value of the public

lands and cement more strongly together the various interests

of the confederacy, it is believed that these desirable objects will

be equally promoted by applying a portion of the proceeds (so

offered to be appropriated) to the opening and repairing roads

within the State of Ohio.

The provision contained in the sixth section of the seventh

article of the constitution of the State of Ohio, respecting the

northern boundary of that State, depending on a fact not yet

ascertained, and not being submitted in the shape of the other

propositions from the convention to Congress, the committee

have thought it unnecessary to take it at this time into consid-

eration.

In relation to the grant to John Cleves Symmes and his

associates, of one complete township, in trust, for the use of an

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Report of John Randolph.              161

 

academy and other seminaries of learning, the committee recom- mend the adoption of a plan suggested by the Secretary of the Treasury, in a letter hereto subjoined, to which they beg leave generally to refer; and they respectfully submit the following resolutions, in addition to, and in modification of, the proposi- tions contained in the act entitled "An act to enable the people of the eastern division of the territory northwest of the river Ohio to form a constitution and State government, and for the admis- sion of such State into the Union, on an equal footing with the original States, and for other purposes," passed the thirtieth day of April, 1802: Resolved. 1) That a donation, equal to one-thirty-sixth part of the amount of the lands in the United States Military Tract, within the State of Ohio, be made for the support of schools within that tract. Resolved, 2) That a donation, equal to one-thirty-sixth part of the county of Trumbull, be made out of the lands within the United States Military Tract, for the support of schools within the said county of Trumbull. Resolved, 3) That a donation, equal to one-thirty-sixth part of the Virginia Reservation, so far as the unlocated lands within that reservation (after the warrants issued by that State shall have been first satisfied) will supply the same, be made for the support of schools in the district contained between the Scioto and Miami rivers. Resolved, 4) That a like provision for the use of schools be made out of any lands which may hereafter be acquired from the Indian tribes. Resolved, 5) That the lands which now are, or hereafter may be, appropriated to the use of schools within the State of Ohio, be vested in the Legislature thereof, in trust for that object. Resolved, 6) That not less than three-fifths of the sum offered to be appropriated by Congress for the opening of roads from the Western to the Atlantic waters, shall be appropriated under the direction of the State of Ohio, for the laying out of roads within that State. Resolved, 7) That in lieu of the township proposed to be granted for the use of an academy, by the act passed the 5th day

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162        Ohio Arch. and His. Society Publications.

 

of May, 1792, there be granted to the State of Ohio, for the pur-

pose described in that act, one other entire township within the

district of Cincinnati; provided that the State of Ohio shall re-

linquish to the United States all their claim, under the act afore-

said, against the said John C. Symmes.

Resolved, 8) That these propositions shall depend on the

compliance by the State of Ohio with the provisions of the third

proposition and second section of the aforesaid act, entitled "An

act to enable the 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," passed the 30th day of April, 1802.

 

 

Sir: The committee to whom were referred sundry propo-

sitions submitted by the convention of the State of Ohio, to the

Congress of the United States, have instructed me to request

of you information on the following points:

1. The gross amount of lands comprised within the United

States Military Tract.

2. Whether, through default of John Cleves Symmes, the

intention of the United States to endow an academy or other

public school with one entire township, hath been frustrated?

3. How far the purchasers under the aforesaid Symmes are

bound to make good the said township, or the value thereof.

4. Whether the United States are bound to furnish an

equivalent; and, if not,

5. How far it may be a matter of policy to comply with the

proposition of the convention on that subject.

And such other information touching those propositions,

generally, which the Secretary of the Treasury may deem expe-

dient to lay before the committee.

With perfect consideration, I am, sir, yours,

JOHN RANDOLPH, JR.,

Chairman of the Committee.

ALBERT GALLATIN, Secretary of the Treasury.

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Act Recognizing the State of Ohio-180_3.      163

 

ACT OF CONGRESS RECOGNIZING THE STATE OF

OHIO - 1803.

 

An act to provide for the due execution of the laws of the United States

within the State of Ohio.

Whereas the people of the eastern division of the territory

northwest of the river Ohio did, on the twenty-ninth day of No-

vember, one thousand eight hundred and two, form for them-

selves a constitution and State government, and did give to the

said State the name of the "State of Ohio," in pursuance of an

act of Congress entitled "An act to enable the people of the east-

ern division of the territory northwest of the Ohio to form a con-

stitution 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," whereby the said State has become one

of the United States of America; in order, therefore, to provide

for the due execution of the laws of the United States within the

said State of Ohio-

SECTION 1. Be it enacted by the Senate and House of

Representatives of the United States of America in Congress as-

sembled, That all the laws of the United States which are not

locally inapplicable shall have the same force and effect within

the said State of Ohio as elsewhere within the United States.

SEC. 2. And be it further enacted, That the said State shall

be one district and be called the Ohio district, and a district court

shall be held therein, to consist of one judge, who shall reside

in the said district, and be called a district judge. He shall hold

at the seat of government of the said State three sessions annu-

ally; the first to commence on the first Monday in June next,

and the two other sessions progressively on the like Monday of

every fourth calendar month afterwards, and he shall, in all things,

have and exercise the same jurisdiction and powers which are by

law given to the judge of the Kentucky district; he shall appoint

a clerk for the said district, who shall reside and keep the records

of the court at the place of holding the same, and shall receive for

the services performed by him the fees to which the clerk of the

Kentucky district is entitled for similar services.

SEC. 3. And be it further enacted, That there shall be al-

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164       Ohio Arch. and His. Society Publications.

 

lowed to the judge of the said district court the annual compen-

sation of one thousand dollars, to commence from the date of

his appointment, to be paid quarter-yearly at the Treasury of the

United States.

SEC. 4. And be it further enacted, That there shall be ap-

pointed in the said district a person learned in the law to act as

attorney for the United States, who shall, in addition to his stated

fees, be paid by the United States two hundred dollars annually,

as a full compensation for all extra services.

SEC. 5. And be it further enacted, That a marshal shall

be appointed for the said district, who shall perform the same

duties, be subject to the same regulations and penalties, and be

entitled to the same fees as are prescribed to marshals in other

districts, and shall moreover be entitled to the sum of two hun-

dred dollars annually, as a compensation for all extra services.

Approved February 19, 1803.

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