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
2 Ohio Arch. and His. Society Publications.
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;
The Virginia Charters. 3
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
4 Ohio Arch. and His. Society Publications.
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
The Virginia Charters. 5
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,
6 Ohio Arch. and His. Society Publications.
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
The Virginia Charters. 7
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
8 Ohio Arch. and His. Society Publications.
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
The Virginia Charters. 9
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
10 Ohio Arch. and His. Society Publications.
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
The Virginia Charters. 11
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
12 Ohio Arch. and His. Society Publications.
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
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,
14 Ohio Arch. and His. Society Publications.
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
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-
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-
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
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,
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,
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,
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,
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
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
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-
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,
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
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,
28 Ohio Arch. and His. Society Publications.
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
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,
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
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-
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.
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
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,
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
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
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-
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.
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,
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
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
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-
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
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.
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.
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.
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
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,
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.
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
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-
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
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
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.
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
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,
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.
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
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-
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
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."
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,
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
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.
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.
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-
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.
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
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-
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,
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;
72 Ohio Arch. and His. Society Publications.
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
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.
74 Ohio Arch. and His. Society Publications.
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
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,
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
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
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
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
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
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.
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,
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.
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
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.
86 Ohio Arch. and His. Society Publications.
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
First Constitutional Convention. 87
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-
88
Ohio Arch. and His. Society Publications.
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,
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-
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-
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,
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
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,
94 Ohio Arch. and His. Society Publications.
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.
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.
96 Ohio Arch. and His. Society Publications.
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.
First Constitutional Convention. 97
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
98 Ohio Arch. and His. Society Publications.
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.
First Constitutional Convention. 99
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
100 Ohio Arch. and His. Society Publications.
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
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,
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.
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-
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:
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.
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:
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
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-
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.
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
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."
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.
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-
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.
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
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.
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
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,
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.
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
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.
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:
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-
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
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.
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.
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
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.
First Constitutional Convention. 129
130 Ohio Arch. and His. Society Publications.
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:
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.
132
Ohio Arch. and His. Society Publications.
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
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
134 Ohio Arch. and His. Society Publications.
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
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.)
136 Ohio Arch. and His. Society Publications.
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
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.)
138 Ohio Arch. and His. Society Publications.
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
Constitution of the State of
Ohio-1802. 139
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.)
140 Ohio Arch. and His. Society Publications.
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-
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
142 Ohio Arch. and His. Society Publications.
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
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
144 Ohio Arch. and His. Society Publications.
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.
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.)
146
Ohio Arch. and His. Society Publications.
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
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-
148 Ohio Arch. and His. Society Publications.
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,
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
150 Ohio Arch. and His.
Society Publications.
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.)
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
152 Ohio Arch. and His. Society Publications.
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.
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.
154
Ohio Arch. and His. Society Publications.
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.
Report of A. Gallatin. 155
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.
156 Ohio Arch. and His. Society Publications.
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,
Report of A. Gallatin. 157
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
158 Ohio Arch. and His. Society Publications.
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.
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
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
Report of John Randolph. 161
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.
Act Recognizing the State of Ohio-1803. 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-
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.
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