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-
(278)
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,
280 Ohio Arch. and His. Society Publications.
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
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-
282 Ohio
Arch. and His. Society Publications.
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
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
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
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
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,
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.)
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
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.