Ohio History Journal

WHEN DID OHIO IN FACT BECOME A SOVEREIGN

STATE OF THE UNION?

 

BY HON. RUSH R. SLOANE.

In considering this question it is necessary to advert to the

fact that, after the Declaration of Independence, Connecticut set

up a claim to the north part of Ohio above latitude 41^° north,

and Virginia claimed Ohio below that line as being within the

limits of her charter.

While these questions caused some discussion and nego-

tiation, they were amicably settled, and on the 1₃th day of

July, 1787, congress assumed the jurisdiction of this territory,

which included all the territory of the United States northwest

of the Ohio river, and passed an ordinance for its government,

Virginia had reserved the land lying between the Scioto and

Little Miami rivers and gave the same to her soldiers of the

Revolution, as a reward for their services. This was called the

Virginia military tract. So congress laid off a tract for that

purpose which lay south of New Connecticut, and extended from

the Ohio river on the east, to the Scioto on the west. This was

known as the United States Military tract. Congress gave to

Connecticut what was called the Western Reserve or New Con-

necticut. It extended one hundred and twenty miles from east

to west, and an average of fifty miles from north to south. Five

hundred thousand acres of this tract, off from the west end,

the State of Connecticut gave to sufferers by fire in the Revo-

lutionary war. This land thus came to be called sufferers' land

or Firelands, and is mostly included in the counties of Erie and

Huron, a small part being in Ashland and Ottawa counties, and

gives the name to the "Firelands Historical Society," of national

repute.

This ordinance of 1787 constituted the Northwest Terri-

tory a civil government with limited powers. It embraced within

its boundaries the present states of Ohio, Indiana, Illinois, Mich-

igan, Wisconsin and Minnesota. Whenever the Northwest Ter-

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When did Ohio Become a Sovereign State?     279

 

ritory contained five thousand free male inhabitants of full age

it should elect a legislature and enact all laws, and under the

fifth article of the ordinance this second grade of colonial gov-

ernment was to continue until that designated part of the terri-

tory forming the State of Ohio, had the required population of

60,000, when they could call a convention and frame a consti-

tution preparatory to being admitted as a state into the Union.

Early in 1802 a census was taken in the eastern division of the

territory and it was found to contain forty-five thousand and

twenty-eight persons of both sexes. The ordinance of 1787 re-

quired sixty thousand inhabitants to entitle the district to be-

come a state, and yet an application was then made to congress

for a law empowering the inhabitants of that division to call a

convention and form a constitution preparatory to the establish-

ment of a state government. The law was passed and approved

April 30th, 1802, when the eastern district had only the popula-

tion above stated. This, however, is not the only instance in

which the provisions of the ordinance of 1787 have not been

strictly observed and carried out by the congress of the United

States. This has been notably so in reference to the requirements

of the Fifth article, wherein it provided that "there shall be formed

in the said territory not less than three nor more than five

states." Yet congress formed out of the said Northwest Ter-

ritory six states, as hereinbefore stated.

The doubt and uncertainty as to when Ohio became a state

has arisen largely from the fact that congress desired and in-

tended to impose conditions and restrictions, while professing

to admit the state on an equal footing with the original states.

But, while the original states were subject to no restrictions or

limitation of power except those contained in the Federal con-

stitution, by the enabling act of April 30th, 1802, congress pro-

posed the admission of Ohio as a state in the Federal union

upon the acceptance of certain conditions, some of them of an

oppressive character, degrading in their tendency, and injurious

to the future prosperity of the people. One of them was that

congress should have the right of disposing of the jurisdiction

of the territory north of the line east and west through the

southern extreme of Lake Michigan as they might deem proper,

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although in express terms the ordinance declared that that ter-

ritory should remain a part of the state formed on the south

of it until its inhabitants amounted to sixty thousand.

Another condition was that each tract of land sold by con-

gress from and after a certain date should be and remain ex-

empt from any state, county, township or other tax whatever

for the term of five years from and after the date of sale.

The election was held, as provided in said enabling act, to

choose the members of the constitutional convention to meet at

Chillicothe on the first Monday of November, 1802, at which

date the convention organized. It was in session until Novem-

ber 29th. It agreed upon the form of a state constitution and

did not require its submission to a popular vote, as this was not

required by the enabling act. The journal of the convention

shows that a resolution was offered, that the constitution be

submitted to the people for their adoption or rejection, and was

lost by a vote of 27 to 7. The new constitution being adopted

November 2₉th, 1802, by the unanimous vote of the convention.

At the same date at which the convention adopted the consti-

tution it also adopted an ordinance and resolution, to which

special attention is called and which is hereafter given in full,

and following the seventh section of the enabling act, which is

also given in full, from which it will be observed that the con-

ditions of congress in said enabling act were accepted by Ohio

to become operative and binding, when Congress should con-

cede certain other conditions and additions to and modifications

of the said propositions, and that said ordinance and resolution

adopted by the convention imposed further obligations, which

it was necessary for Congress to grant and act upon. The act

of February 19, 1803, did not grant these conditions and obliga-

tions; it only provided for the due execution of the laws of

the United States within the state of Ohio. We find by the

journal of the convention that Thomas Worthington was au-

thorized to carry the constitution and ordinance and resolution

to Congress, and to ask for the approval by Congress of the

constitution, with the amendments and changes proposed in the

ordinance and resolution of November 29, 1802. This duty was

performed, and Mr. Worthington went to Philadelphia and sent

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When did Ohio Become a Sovereign Slate?      281

 

a letter to Congress, which on the 23d of December, with all

the papers, were duly referred to a special committee. This

committee made no report until in February, 1803.

Meanwhile the question was raised whether the delegate,

Mr. Fearing, from the territory of Ohio, was longer entitled to

his seat, as the Ohio convention had, on the 2₉th of November,

1802, adopted a state constitution. On the last day of January,

1803, the house of representatives decided that Ohio was not

yet a state, and that Mr. Fearing still held his place as delegate

from the territory of Ohio.

Now, you must observe that the convention to form a new

constitution did not accept the conditions desired by congress

in the seventh section of the enabling act, but considered the

people of the state as entitled to better terms, and that it was

the duty of the convention to negotiate for better terms with

Congress, and which terms, as demanded in the ordinance and

resolution of 1802, Congress did afterwards grant. Mr. Wor-

thington returned to Ohio, and the legislature convened on the

first day of March, Tuesday, 1803, as stipulated in the state

constitution, being assured that Congress would grant exactly the

terms as set forth in the aforesaid ordinance and resolution.

A reference to the act of Congress of May 7, 1800. To the

7th Section of the Enabling Act of April 30, 1802.

To the Act of Congress approved March 3, 1803 and to the

acts and ordinance and resolution of the convention of 1802 is

absolutely necessary in deciding the question of date.

The act of 1800 set off that part of the Northwest Territory

now included in Ohio as a distinct territorial government, and

the seat of government fixed at Chillicothe. The rest of the ter-

ritory was organized as the territory of Indiana. The boundaries

of Ohio were given, and it was called the Eastern division: The

ordinances of May, 1785, and July, 1787, were passed before

settlements began north of the Ohio, and were held out to emi-

grants as inducements to settle in a wilderness, with all the dan-

gers and hardships connected therewith. These ordinances de-

clared that "the lot No. 16 in each township shall be given per-

petually for the use of schools," and thus became a condition

of the sale and settlement of the western country. This reser-

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vation of section 16 therefore could not, April 30, 1802, be made

the consideration of a new bargain between the United States

and the state of Ohio, because the state already had this reser-

vation, as did all of the territory, by the ordinance of 1785.

Now it is necessary to set forth section 7 of the said en-

abling act, approved April 30, 1802, which was in the words

following:

"Section 7. That the following propositions 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 obliga-

tory 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 townships, 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 legislature of the said state

shall direct; provided, the said legislature shall never sell nor

lease the same for a period longer 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 making public roads lead-

ing from the navigable waters emptying into 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, al-

ways, 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 Con-

gress, from and after the thirtieth day of June next, shall be and

remain exempt from any tax laid by order or under authority

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When did Ohio Become a Sovereign State?        283

 

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.)

Now, it will be observed that by said 7th section certain

propositions contained therein are offered to the convention of the

eastern territory when formed for their free acceptance or rejec-

tion, which, if accepted by the convention, shall be obligatory

upon the United States. It is further to be noted that the con-

stitution, as adopted did neither accept or reject the propositions

contained in the 7th section of the enabling act, as requested

in said act. It was generally supposed at the time, that such

acceptance or rejection would be final. But this was not the

case. The almost unanimous opinion of the convention was that

the conditions offered by Congress were not an adequate consid-

eration for the state rights to be surrendered; yet not promptly

rejecting the propositions they passed an ordinance in which

they resolved to accept them, provided certain additions and

modifications should be agreed to by Congress, a copy of which

ordinance and resolution passed in convention, November 29,

1802, at which time the constitution was also adopted, was as

follows:

"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 follow-

ing addition to and modification of the said proposi-

tions shall be agreed to by the Congress of the United

States, viz.,  That in   addition  to  the  first proposition,

securing the section number sixteen in every township,

within certain tracts, to the inhabitants thereof, for the use of

schools, a like donation, equal to one-thirty-sixth part of the

amount of the lands in the United States military tract, shall be

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284      Ohio Arch. and His. Society Publications.

 

made for the support of schools, 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 aforesaid, after the warrants issued

from said state have been satisfied; and also that a donation of

the same kind, or such provision as Congress shall deem expe-

dient, shall be made to the inhabitants of the Connecticut reserve.

That of 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 legisla-

ture 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 direc-

tion 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 the state,

whether for state, county, township or any other purposes what-

ever for the term of five years after the day of sale, to be reckoned

from the date of the certificate of the first quarterly payment.

"That whereas Congress, by a law entitled "An act authoriz-

ing 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

seminaries of learning, one complete township to be included

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When did Ohio Become a Sovereign State?            285

and located within such limits and lines of boundary as the Presi-

dent may judge expedient; and in pursuance thereof, the Presi-

dent 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 agreeably to the provision of this act."

The convention recommend the following propositions to

Congress as an equivalent for the one complete township afore-

said, to wit: The lots numbered eight, eleven and twenty-six,

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 legislature, in trust to and for the purpose for which

the said township was originally intended, to be designated by

the legislature of this state."

 

 

ACT OF CONGRESS,

 

APPROVED MARCH 3, 1803.

An act in addition to,,and in modification of the proposi-

tions contained in the act, entitled "An Act to enable the people

of the eastern division of the territory northwest of the 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."

SECTION 1. Be it enacted, etc., That the following several tracts of

land in the state of Ohio be, and the same are hereby appropriated for

the use of schools in that state, and shall, together with all the tracts of

land heretofore appropriated for that purpose, be vested in the legis-

lature of that state, in trust for the use aforesaid, and for no other use,

intent or purpose whatever; that is to say:

First: The following quarter townships in the tract commonly called

the "United States Military Tract" for the use of schools within the

same, viz., the first quarter of the third township in the first range,

the first quarter of the first township in the fourth range, the fourth

quarter of the first township and the third quarter of the fifth town-

ship in the fifth range, the second quarter of the third township in

the sixth range, the fourth quarter of the second township in the

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286         Ohio Arch. and His. Society Publications.

 

seventh range, the third quarter of the third township in the eighth

range, the first quarter of the first township and the first quarter of the

third township in the ninth range, the third quarter of the first town-

ship in the tenth range, the first and fourth quarters of the third town-

ship in the eleventh range, the fourth quarter of the fourth township

in the twelfth range, the second and third quarters of the fourth town-

ship in the fifteenth range, the third quarter of the seventh township

in the sixteenth range, and the first quarter of the sixth township and

third quarter of the seventh township in the eighteenth range, being the

one thirty-sixth part of the estimated whole amount of lands within that

tract.

Secondly: The following quarter townships in the same tract, for

the use of schools in that tract, commonly called the Connecticut Re-

serve, viz.: The third quarter of the ninth township and the fourth

quarter of the tenth township in the first range, the first and second

quarters of the ninth township in the second range, the second and third

quarters of the ninth township in the third range; the first quarter of

the ninth township and the fourth quarter of the tenth township in the

fourth range, the first quarter of the ninth township in the fifth range,

the first and fourth quarters of the ninth township in the sixth range,

the first and third quarters of the ninth township in the seventh range,

and the fourth quarter of the ninth township in the eighth range.

Thirdly: So much of that tract commonly called the "Virginia Mili-

tary Reservation" as will amount to one thirty-sixth part of the whole

tract, for the use of schools within the same, and to be selected by

the legislature of the state of Ohio, out of the unlocated lands in that

tract, after the warrants issued from the state of Virginia shall have

been satisfied; it being, however, understood that the donation is not

to exceed the whole amount of the above-mentioned residue of such

unlocated lands, even if it shall fall short of one thirty-sixth part of

said tract.

Fourthly: One thirty-sixth part of all the lands of the United

States lying in the state of Ohio, to which the Indian title has not

been extinguished, which may hereafter be purchased of the Indian tribes,

by the United States, which thirty-sixth part shall consist of the Sec-

tion No. 16 in each township, if the said land shall be surveyed in town-

ships of six miles square, and shall, if the land be surveyed in a dif-

ferent manner, be designated by lots.

SEC. 2. That the secretary of the treasury shall, from time to time,

and whenever the quarterly accounts of the receivers of public moneys

of the several land offices shall be settled, pay three per cent. of the

net proceeds of the lands of the United States, lying within the state

of Ohio, which, since the thirtieth day of June last, have been, or

hereafter may be sold by the United States, after deducting all expenses

incidental to the same, to such person or persons as may be authorized

by the legislature of the said state to receive the same, which sums,

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When did Ohio Become a Sovereign State              287

 

thus paid, shall be applied to the laying out, opening and making roads,

within the said state, and to no other purpose whatever; and an annual

account of the application of the same shall be transmitted to the sec-

retary of the treasury, by such officer of the state as the legislature

thereof shall direct; and it is hereby declared, that the payment thus

to be made, as well as the several appropriations for schools, made by

the preceding section, are in conformity with, and in consideration of

the conditions agreed on by the state of Ohio, by the ordinance of the

convention of the said state, bearing date the twenty-ninth day of No-

vember last.

SEC. 3. That the sections of land heretofore promised for the use

of schools, in lieu of such of the sections, No. 16, as have been other-

wise disposed of, shall be selected by the secretary of the treasury, out

of the unappropriated reserved sections, in the most contiguous town-

ships.

SEC. 4. That one complete township, in the state of Ohio, and

district of Cincinnati, or so much of any one complete township, within

the same, as may then remain unsold, together with as many adjoining

sections as shall have been sold in the said township, so as to make in

the whole, thirty-six sections, to be located under the direction of the

legislature of the said state, on or before the first day of October next,

with the register of the land office of Cincinnati, be, and the same is

hereby vested in the legislature of the state of Ohio, for the purpose of

establishing an academy, in lieu of the township already granted forthe

same purpose, by virtue of the act, entitled "An Act authorizing the

grant and conveyance of certain lands to John Cleves Symmes, and

his associates." Provided, however, that the same shall revert to the

United States, if, within five years after the passing of this act, a town-

ship shall have been secured for the said purpose, within the boundary

of the patent, granted, by virtue of the above-mentioned act, to John

Cleves Symmes, and his associates.

SEC. 5. That the attorney-general, for the time being, be directed

and authorized to locate and accept, from the said John Cleves Symmes,

and his associates, any one complete township within the boundaries of

the said patent, so as to secure the same for the purpose of establish-

ing an academy, in conformity to the provisions of the said patent, and

in case of non-compliance, to take, or direct to be taken, such measures

as will compel an execution of the trust. Provided, however, that John

Cleves Symmes, and his associates, shall be released from the said

trust and the said township shall vest in them, or any of them, in fee

simple, upon payment into the treasury of the United States, of fifteen

thousand three hundred and sixty dollars, with interest from the date of

the above mentioned patent to the day of such payment.

(Approved March 3, 1803.)

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288       Ohio Arch. and His. Society Publications.

 

By Section 4 of the constitution it was declared that "Chil-

licothe shall be the seat of government until the year one thou-

sand eight hundred and eight." And, by Section 25, it was en-

acted as follows:

SEC. 25. "The first session of the General Assembly shall commence

on the first Tuesday of March next;" which would be "Tuesday, March

1st, 1803."

These sections, and schedule 6 were all mandatory and were

strictly and fully complied with.

It is therefore clear that Ohio became a state on the meet-

ing of her first legislature, under the constitution of 1802, and

this convened at Chillicothe on Tuesday, March 1st, 1803.

Michael Baldwin was elected speaker of the house of representa-

tives, and Nathaniel Massie speaker of the senate.

This General Assembly then appointed:

 

Secretary of State, . . . . . WILLIAM CREIGHTON, JR.

Auditor of State, . . . . . . . . THOMAS GIBSON.

Treasurer,  . . . . . . . . WILLIAM MCFARLAND.

These officers were duly qualified and entered upon their

respective duties. On Thursday, the 3rd of March, the legisla-

ture counted the 4,564 votes cast for governor, and the speaker,

M. Baldwin, declared "Edward Tiffin duly elected Governor of

the State of Ohio."

And the record of these proceedings date from March 1, 1803.

And as we have seen Congress agreed to the modifications

as proposed in the ordinance and resolution passed by the Ohio

convention November 29, 1802. And thus the compact between

the people of Ohio and the Congress of the United States was

completed.

The act of Congress of February 1₉th, 1803, which declared

the laws of the United States should be of the same force and

effect in said state as elsewhere in the United States and the act

of March 3rd, 1803, published in this article by which Congress

consented to certain additions proposed by the convention, while

they both recognized the State of Ohio, did not create a state. It

must be remembered that there was no formal act of Congress

for the admission of Ohio as a state and the law-making power

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When did Ohio Become a Sovereign State?      289

being the representative of the sovereignty of the state, when-

ever that began, the territorial government on that day ceased,

and Ohio became a state in the Union.

By the en-abling act of April 30, 1802, and by the adoption

November 29, 1802, the people of Ohio became a body politic. Yet

there was no state, for in the new constitution it was acknowl-

edged that the territorial government should continue until a

state government should be formed. It was for this object that

in schedule (6) of the constitution it was ordained that an elec-

tion of the governor, members of the legislature, and sheriffs,

under the constitution should be held January 11th, 1803.

This election was held accordingly and a governor and

members of the legislature elected. On this day all territorial

officers resigned, the new state officials assumed their duties and

then, and not until then, did Ohio become a state in the Union.

This was Tuesday, March 1st, 1803.

Will also state that I have in my library the first volume

ever published of Ohio Laws. It is entitled "Acts of the State

of Ohio, First Session, Volume I, Chillicothe, Tuesday, the first

day of March, A. D., 1803, being the first session held under the

constitution of the State of Ohio." Now refer to the act of Con-

gress passed February 21, 1806, which decided when Ohio be-

came a state. The territorial judges did not conclude the busi-

ness of their courts, as they claimed, until April 15, 1803, and

wanted their pay to that date. The officials of the treasury, on

advice of the attorney general of the United States, refused to

allow them pay beyond the time of the adoption of the new consti-

tution, November 29, 1802. The judges then applied to the state

legislature of Ohio, and were refused payment, claiming that it

was for the United States to pay. The result was the passage of

the above act, which fixed the date when Ohio became a state as

March 1, 1803. This has ever since been considered conclusive,

and may properly be considered an authoritative decision upon

this subject.

Sandusky, Ohio, January 5th, 1901.

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