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
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