OUTLINE HISTORY



OF THE



STATE OF OHIO.

CHAPTER I.


(RETURN TO THE TITLE PAGE)


PRE-HISTORIC PERIOD. - SETTLEMENT. - TERRITORIAL GOVERNMENT. - INDIAN TROUBLES. - THE STATE GOVERNMENT. - INTERNAL IMPROVEMENTS. - PUBLIC SCHOOL SYSTEM. - OHIO AND MICHIGAN BOUNDARY. - SALT MANUFACTURE.-RAILWAYS.-THE CONSTITUTION OF 1851.

IN common with the rest of the American Continent, the primitive condition of the territory now embraced within the State of Ohio and of its inhabitants, is without reliable record. That this region was occupied by an active and intelligent race for hundreds of years before the advent of the white man, is made evident by proofs which leave no room for doubt. These are of various kinds, but consist mainly of stone and earthworks still remaining in different portions of the State. The predecessors of the European settlers have come to be known as the "Mound Builders," from the fact that the chief remains of their occupancy consist of the works so numerous, especially throughout the Valley of the Ohio, the number already found being not less than 10,000. The purposes of these works seem to have been various, and chiefly those of fortification, religious temples and burial places. The chief record by which the age of these remains can be ascertained, consists of the trees here and there found growing upon them. From these it is calculated that at least six hundred years have elapsed since the structures were abandoned by their builders. How much longer, of course, is problematical only. These people seem to have lived in a condition more or less compact, and were not migratory in their habits. From proofs left, they must have carried on more or less of traffic with peoples in other and distant portions of the continent. They left nothing to indicate that they used beasts of burden or vehicles of any sort, their work having all been done by themselves, including the carrying of the heavy materials used in their mounds and fortifications. Their religion seems to have been the worship of nature, in different manifestations. Whence they came, can only be conjectured, their most probable source being Asia, entering the continent from the North, moving Southward, and being followed, if not driven, by succeeding hordes from the same general source. What was their final stopping place, is a matter no less uncertain than their origin ; but they may have moved Southward into Mexico and there disappeared. The supposed successors to the " Mound-Builders "-the Indians are the earliest occupants of this region known to history ; and like their predecessors, these, too, were in time called to surrender their ground, and are now fast being crowded out of their hunting-grounds by advancing civilization and human greed. They will leave very little to mark their occupancy of the country or to indicate that they ever lived.

In considering the date of the first settlement of a country, we must at the outset determine what constitutes a "settlement." If adventures for discovery, trade, missionary labor, or other temporary purpose, be such, it is probable that the earliest settlers of Ohio were parties sent out in 1680, by Count de Frontenac, then the French Governor of Canada, for the purpose of erecting posts or stores


4 - OUTLINE HISTORY OF THE STATE OF OHIO.

for occupancy and trade. One of these parties at that time built a small stockade just below where South Toledo (Maumee City) now stands, being substantially the location of Fort Miami, erected by the British in 1794. This was an important point for trade for several years, and was finally abandoned for the more desirable location at the head of the Maumee River, where Fort Wayne now stands. Other enterprises of various kinds are connected with the early history of Ohio, but they can in no proper sense be considered " settlements."

The first definite movement looking to the settlement of the territory now within the State of Ohio, was made in the organization of the " Ohio Company," in 1748, composed chiefly of Virginians, who asked the British Government for a grant of land. Their request was complied with and 500,000 acres of land given them, to be located on the South side of the Ohio River, and on which a colony of 100 families was to be located. This action excited the jealousy of France, which government, by right of discovery, claimed all the territory on the Mississippi and its tributaries. Active steps were at once taken to prevent the execution of the British scheme. The Governor of Canada notified the Governor of New York, that any attempt to carry out such project would be followed by seizure ; steps at the same time being taken to excite the Indians against the proposed settlers. The result was what came to be known as the " French and Indian War," which, with more or less activity, was continued until the treaty of 1763, by which France surrendered her claim to the territory in the Northwest.

Thus relieved of sanguinary contests and uncertainty, the few weak settlements then made took on new life, while immigrants from Virginia and Maryland slowly came to open the country to civilization. Not entirely to yield their ground, the French sought to tamper with the Indians by efforts to excite their passions toward the British authorities and the settlements, in which they were so far successful as to cause serious trouble. The work of satisfying the several tribes making claims to the country in question, actively begun in 1768, was so far accomplished by 1769, that settlers began to appear in increasing numbers on the South side of the Ohio. The author' of "Annals of the West," says "Among the foremost speculators in Western lands at that time, was George Washington." He, with others, in 1769, asked of the King a grant of 2,500,000 acres in the West. In order to locate such lands, he crossed the mountains in 1770.

The first definite step toward the permanent settlement of the territory West and North of the Ohio, was taken in 1778, when the Virginia House of Burgesses passed an act declaring that "all citizens of Virginia who were already settled there or should be thereafter settled on the West side of the Ohio, should be included in the District of Kentucky, which should be called Illinois County." This followed the singularly successful military expedition of Gen. George Rogers Clark, in which he conquered the country of the Northwest in the name of Virginia. Five years later came the treaty of peace between the United States and Great Britain, when Gen. Clark's success was made the chief basis of the claim of the United States to the territory which the British Government was loth to surrender. And yet, Gen. Clark was permitted to spend the closing years of his life in absolute want of the ordinary comforts essential to a man of intelligence and refinement.

Following the treaty of 1783, came the division of the Western country into three Territories-that of the Mississippi, that South of the Ohio, and that Northwest of the Ohio. Five distinct claims to different portions of the latter were set up by the States of Connecticut, New York, Pennsylvania, Massachusetts and Virginia. Beside these, several incorporated Companies presented claims to portions, while the Indians claimed the whole as their property. One by one, the State claims were relinquished, in part in consideration of lands set off to them, of which Virginia's portion was in Southeastern and Connecticut's in Northeastern Ohio (the Western Reserve). In 1784, by treaty at Fort Stanwix (now Rome, New York), the Six Nations ceded what claim they had made to that territory. In 1785, at Fort McIntosh (now Beaver, Penn.), the Wyandots, the Delawares, the Chippewas, and the Tawas, surrendered their claims, save and except the large tract lying between the Cuyahoga and the Maumee River, and extending South nearly to the center of the present State of Ohio. . The following Indian tribes


THE STATE GOVERNMENT. - 5

held reservations of lands in Ohio in 1828 Wyandots (842 in number), 163,000 acres Shawnees (800), 117,000 acres; Senecas (557) 55,505 acres ; Delawares (80), 5,760 acres Ottawas (377), 50,581 ' acres. Totals-2,35 Indians, and 391,846 acres, or 1,800 acres each All these have been relinquished, the last (b Wyandots) in 1843.

Jesuit Missionaries appeared in the region between the Lake and the Ohio early in the 17th century. In 1749 English traders were at Sandusky. The Moravian Missionaries began operations in Eastern Ohio as early as 1762 and were driven away after great slaughter o their converts. The first important settlement in the State, was that made at Marietta in 1788, while others about that time occurred along the Ohio between the Muskingum and the Hockhocking Rivers. These may have preceded that at Marietta by one year. Connecticut claimed the territory between the parallels 41' and 42° 2', and between the Pennsylvania line and a line 120 miles West (going to the present West line of Huron County), which was then known as " New Connecticut," and since as the " Western Reserve." In 1792 that State granted to such of its citizens as suffered from loss of property by fire during the Revolutionary War, 500,000 acres from the West end of this Reserve, which tract is now known as the "Fire Lands," and lies almost wholly within the Counties of Huron and Erie.

By proclamation in 1788, Governor St. Clair declared Washington County organized, with limits extending Westward to the Scioto and Northward to the mouth of the Cuyahoga, with its County-seat at Marietta. Some 10 years later the Counties of Adams, Hamilton, Ross, Wayne, Jefferson and Trumbull were established, the latter including the Fire Lands, with its seat of justice at Warren. The capital of the Territory was then at Chillicothe.

The closing years of the 18th century were marked by serious Indian disturbances, especially in the Western portion of the Territory. These fortunately closed with the signal victory of Gen. Anthony Wayne at the battle of Fallen Timbers, which occurred in August, 1794, within the present limits of Lucas County, and which was followed by the important treaty at Greenville, Ohio, in 1795, whereby terms of peace were agreed upon, although the Maumee Valley was left in possession of the Indians. Subsequent treaties were made-at Fort Industry (now Toledo) in 1805, at Detroit in 1807, at Brownstown, Mich., in 1808, and at the Foot of the Maumee Rapids in 1817. By these, various reservations of land were made to the Indians, which since have been extinguished, the last case being that of the Wyandots at Upper Sandusky in 1842, which tribe left for their reservation in Kansas in 1843, then numbering about 700 souls.

Under the enabling act passed by Congress, a Convention to form a Constitution for the of State of Ohio, was held at Chillicothe in 1802. The County of Wayne, embracing most of the present State of Michigan, was not included in the territory of the proposed State. This action tion caused serious dissatisfaction on the part of' the people at Detroit and Monroe, who constituted the chief residents of that region. That County was attached to the Territory of Indiana, where it remained until 1805, when it was established as the Territory of Michigan. The Ohio Convention met November 1st, and closed its labors on the 20th same month. The Constitution then formed was not submitted to the vote of the people for approval, but went into effect without such action. The object of such step is believed to have been to avoid the risk of rejection on a popular vote.

The State of Ohio was admitted into the Union in February, 1803, and the first General Assembly convened in March following.* By the Constitution the Executive was made to consist of a Governor. The General Assembly was constituted of two bodies, the Senate and the House of Representatives. Only white males of 21 years of age were admitted to vote, but no property qualification was required. All State officers, Judges and Military officers were made elective by the Legislature, the pay of all to be fixed by that body. The judicial power was vested in a Supreme Court, Courts of Common Pleas, Justices of the Peace, and such other Courts as the Legislature might see fit to provide. Justices of the Peace were chosen by the people of the respective Townships. The State organization

* The exact date when Ohio became a member of the Union, is with some persons, yet in dispute ; but the time here named is what has been generally accepted as the correct one. The question is one not admitting of discussion here.


6 - OUTLINE HISTORY OF THE STATE OF OHIO.

was followed by an increasing immigration and corresponding development, chiefly in the sections bordering on the Ohio River and the Lake.

War being declared against Great Britain in June, 1812, Ohio soon came to be the scene of important military events. The early surrender of his command to the British, by Gen. Hull, whereby Northern Ohio was at once left without protection from British and Indian attack, was the cause of most serious apprehension on the part of the scattered settlers. But the brilliant success of Gen. Harrison at Fort Meigs in May, 1813, and of Maj. Croghan at Fort Stephenson, August 2d, followed as it was by Com. Perry's victory over the British fleet on 10th September, greatly relieved this state of things and secured immunity from attack for that region to the close of the War in 1815.

In 1814 the State accepted an offer of a tract of land on the East side of the Scioto River, opposite Franklinton, for use as its seat of government, and in 1816 the buildings thereon were so far completed as to be ready for occupancy, when the Capital was removed.

The subject of a Canal to connect Lake Erie with the Ohio, was first brought to the attention of the Legislature by the Governor in 1819, when be submitted to that body a letter from Gov. DeWitt Clinton of New York on that subject. Nothing was done on the subject until 1820, when three Commissioners were appointed, with authority to employ a civil engineer to make survey of a line for the proposed Canal. As the prosecution of the work was made to depend upon a grant of land by Congress along the line of the same, action was delayed until 1822, when steps were taken for the survey of four different routes, to-wit: From Sandusky Bay; from the mouth of the Maumee River ; from the mouth of the Cuyahoga or of Black River, by the Muskingum; and from the mouth of Grand River, by the Mahoning-all to the Ohio. James Geddes, a civil engineer of New York, was employed for such survey. Report was made at the next session of the Legislature, showing each of these routes to be practicable. The Commissioners made final report in 1824, recommending the line of what is known as the Ohio Canal, from Cleveland to Portsmouth, with side-cut connection with Columbus. Serious protest was made to this decision by the friends of the other lines, and especially of the Sandusky route. For some time bitter discussion through the press and protest by public meetings were kept up, including suggestions more or less distinct and definite of bad faith on the part of the majority of the Board of Commissioners. But this action failed to defeat the adopted plan. In February, 1824, the Commission directed two additional lines to be surveyed, to-wit: One extending from the mouth of the Scioto to Coshocton, and thence by three different routes to the Lake; and one from Cincinnati to the foot of the Rapids of the Maumee. The estimated cost of the latter (now known as the Miami and Erie Canal) was $2,502,494; and that of the Cleveland and Portsmouth line, from $2,626,571 to $2,934,024. Operations were soon commenced on the Ohio Canal, the Coshocton route from Cleveland being selected, which was completed in 1833, at a cost of $4,695,202. In 1843 a Canal from Roscoe to Walhonding, 25 miles in length, was completed at a cost of $607,360. At the same time the Hocking Canal, between Carroll and Nelsonville, 42 miles, was finished, at a cost of $947,670. The Muskingum River Slackwater Improvement (Zanesville to Marietta), was completed about the same time and cost $1,628,028. The Miami and Erie (Toledo and Cincinnati), was opened throughout its line in 1845, its length, branches and feeders included, being 323 miles. The following Canals constructed by this State have been abandoned, as no longer of sufficient service to warrant keeping in repair, to-wit The Sandy and Beaver, connecting Bolivar and Smith's Ferry ; length, 84 miles, costing $2,000,000. The Pennsylvania and Ohio, from Akron to the Pennsylvania line; length, 87 miles ; cost $1,000,000. The Athens Branch (in part), from Nelsonville to Athens; length, 14 miles. The Lebanon Branch, from Middletown to Lebanon; 20 miles ; costing $217,552. The cost of these works, as given, by no means indicates the total outlay of the State on them. The excessive rates of interest and discount on bonds sold, made necessary by a low state of public credit and a condition of general financial prostration during most of the time of their construction, would largely augment the figures given; while the heavy expenditures for repairs and other unforeseen outlays, ma-


THE SCHOOL SYSTEM. - 7

terially add to the ultimate cost. And yet, there can be no doubt as to the wisdom of their construction. The advantages gained through them by the State, were both timely and important, in bringing to the producing classes the means for access to market which otherwise would have been impossible; in promoting intercourse and general trade, whereby all interests were advanced; and in these ways inviting to the State population, capital and enterprise, so indispensable to its development. To these should be added the consideration, that through the enterprise and energy requisite for such improvements under circumstances so unfavorable, the State was made for many years the most attractive field for the best classes of emigrants from the Eastern States and the Old World, which fact accounts for her wonderful growth for many years. Canals are often unfavorably compared with Railways, as facilities for trade and travel. As well might youth and early manhood be compared in results with matured age. The Railway system of Ohio is indebted for its present extraordinary extent and vigor, more to the foundation supplied by the Canal system, than to any other one cause.*'

* The Canal system of Ohio embraces the following Works, to-wit



Miles Name of Improvement Cost
334 Ohio Canal $4,695,203 69
261 (1) Miami and Erie Canal 6,808,800 20
91 Muskingum Improvement 1,582,459 04
56 Hocking Canal 940,359 76
25 Walhonding Canal 600,727 01
767 Total cost of Ohio Canals $14,627,549 79


(1) The Miami and Erie Canal comprises the Miami Canal (including the Warren County Canal, costing $861,473.52), the Miami Extension (costing $3,112,953.63), and the Wabash and Erie (costing $2,834,373.14).

The accounts of these Works, up to Jan. 1, 1859, as regards their net revenue and expenditure for repairs, etc., stood as follows



Canals Net Receipts. Excess of

Expenditures

over Receipts.

Balance

applicable to

Interest.

Ohio Canal $7,600,169.95 $4,476,646.43
Miami and Erie 4,500,067.76 1,663,595.47
Muskingum Improve-

ment



493,759.62
$15,298.25
Hocking Canal 160,181.73 46,522.04
Walhonding 20,290.30 9,700.86
Totals $12,824,408.76 $71,521.15 $6,140,241.90


Net balance applicable to payment of interest 6,068,720 75

The School system of Ohio, now so ample and successful, dates its real commencement in 1825, and received its start in connection with the adoption of the Canal system entered upon at that time. This relation is due to the fact, that the friends of the two interests made " common cause " to some extent sixty years ago, when the first State tax for School purposes (one-half mill on the dollar), was levied. In 1838 the School laws were revised and a State School fund of $200,000 was established for distribution among the Counties. The adoption by the State in 1850 of the local act known as the " Akron School Law," was a very important advance. Under it the Schools were classified so far as might be practicable, and education made free to all children and youth, save where the parents or guardians of white pupils made objection to the attendance of colored children. In 1873 the School acts were consolidated in a general law, which provides for more systematic and effective management, while more liberal provision is made for educational facilities. Among the powers given local Boards of Education are these They may levy an annual tax not exceeding seven mills on the dollar ; may require any language to be taught; and are required to have German taught upon demand of seventy-five freeholders of the District, representing at least forty pupils ; all branches must be taught in English ; Boards may establish separate Schools for colored children, when the number

Total original cost of Construction . . . . . . . . . . . .$14,627,549 79

Total cost of Repairs . . . . . . . . . . . . . . . . . . . . . . 6,782,526 15

Aggregate cost inclusive of Repairs . . . . . . . . . . . $21,410,075 94

Interest on cost at 6 per cent. (to '59). . . . . . . . . $14,042,447 68

Revenue from Canals applicable to

interest . . . . . . . . . . . . . . . . . . $6,068,720 75

Received from sale of Canal lands . 1,753,783 51

7,822,504 26

Difference of Interest paid and Revenue received- $6,219,943 42

From 1826 to 1836, the Counties having Canals paid in Canal tax, $481,953.78; while the Counties having no Canals, paid $474,840.59. In both State and Canal taxes, from 1837 to 1845, the former class paid $2,962,610.65, and the latter class, $2,979,747.95. And in State taxes for all purposes, from 1846 to 1858, the former paid $13,631,416.99, and the latter, $13,097,711.75. These figures show that the $27,630,019.36 sunk by the State in cost and interest up to November 15, 1858, was about equally divided between the Counties having and those not having Canals. Results since that date, as the burthen of the continued loss, are not at hand, but are probably not essentially different from the foregoing.


8 - OUTLINE HISTORY OF THE STATE OF OHIO.

of such exceeds twenty, and provide suitable evening Schools for white pupils not able to attend the day Schools. The following statistics for the year 1885, indicate the progress made in educational facilities in Ohio, to-wit:

Number of youth of school age in the State in September, 1885. . . . 1,095,469

Number of youth of school age in the State in September, 1884. . . .. 1,082,295

Number of school districts in the State .. . . . . . . . . . . . . . . . . . . . . . . 2,099

Number of sub-districts in township districts . . . . . . . . . . . . . . . . . . . 11,798

Number of school-houses in township districts . . . . . . . . . . . . . . . . . . 11,155

Number of school-houses erected within the year . . . . . . . . . . . . . . . . 455

Cost of school-houses within the year . . . . . . . . . . . . . . . . . . . . . . . $1,194,821

Estimated value of school-houses, including grounds, . . . . . . . . . . $27,969,757

Number of teachers necessary to supply schools . . . . . . . . . . . . . . . 18,181

Number of different teachers actually employed. . . . . . . . . . . . . . . . . 24,628

Average number of weeks the schools were in session in

township districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Average number of weeks the schools were in session in

separate districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Number of pupils enrolled in the schools . . . . . . . . . . . . . . . . . . . . . . . .774,660

Average number of pupils in daily attendance. . . . . . . . . . . . . . . . . . .. . 517,569

Number of school officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51,762

Total receipts, including balance on hand September 1, 1884 . . . .. . $13,628,709.32

Total expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,093,938.17



There are now in Ohio 54 Colleges and other institutions of learning established under authority of the State. Of these 32 are Colleges mostly denominational; 12 are Schools of Medicine; 7 of Theology; and 2 of Law.

What is known as the " Toledo War," arose from a disagreement between the State of Ohio and the United States, in regard to the boundary line between that State and the Territory of Michigan. Under the act of Congress of 1802, authorizing the organization of the State of Ohio, the Northern boundary fixed for the same, was "an East and West line drawn through the Southern extremity of Lake Michigan running East, after intersecting the due North line from the mouth of the Miami (Maumee), until it should intersect Lake Erie on the Territorial line; and thence, with the same, through Lake Erie to the Pennsylvania line." In 1805 the Territory of Michigan was established by Congress, and its Southern boundary declared to be " a line drawn East from the Southerly bend of Lake Michigan until it should intersect Lake Erie, and East of a line drawn from the Southerly bend through the middle of Lake Erie to its Northern extremity." The two lines did not agree, a material strip of land lying between them, which was made the more important by the fact, that it included the mouth of the Maumee River and the site of the present City of Toledo. The question did not assume its full significance until 1835, when the State of Ohio found it necessary to fix upon a Northern outlet for the Miami and Erie Canal, then in the course of construction. It being necessary to reach the waters of Lake Erie within the disputed territory, the question of boundary became urgent. The Territory of Michigan, from the first, had exercised jurisdiction over this strip, without dispute. In 1835 action was taken by the Ohio authorities looking to the assertion of its claim to such territory, when the Michigan Territorial Legislature passed an act making it a penal offense for any person to assume to exercise official authority there, under color of any other authority than the laws of that Territory. This action was followed by the erection of the County of. Lucas by the Ohio Legislature, to include the disputed strip. Following this, came military demonstrations .on both sides, which were more or less threatening. A few arrests were made and much bitterness provoked ; but the matter was soon put in shape for adjustment, by referring the dispute to Congress. The result was, the confirmation of the Ohio claim and the admission of Michigan into the Union with an extension of its Northern boundary to include the upper peninsula and the country lying along the shore of Lake Superior and the rich mining region of that section.*

The first salt manufactured in Ohio, was made on the Scioto River, as early as 1794, and was transported by pack-mules across the Alleghany Mountains, and sold at $6 to $10 per bushel. The product of the Scioto saltworks in 1808 amounted to 20,000 bushels, and then sold at $3 per bushel. Stronger brines appearing elsewhere, the manufacture at that point in time ceased. The salt-producing sections in this State are divided as follows District No. 1-Hocking Valley (Athens County). No. 2-Muskingum Valley (Morgan and Muskingum Counties). No. 3-Tuscarawas Valley (Columbiana, Guernsey and Tuscarawas Counties). No. 4-Ohio River Valley (Meigs County, Ohio, and Mason County, W. Va.) Three-fourths of the entire product of salt in these districts, is made in District No. 4, where 7,917,236 bushels were manufactured in 1881. The depths of the 115 wells average 956 feet, with a strength of brine of 36.5 per cent.

*: The subject of the "Toledo War" is treated more fully in a subsequent chapter of this work.


CONSTITUTION OF 1851. - 9

The first Railroad charter granted in Ohio, was that of the Mad River and Lake Erie Road, to connect Sandusky and Dayton (since the Cincinnati, Sandusky and Cleveland Road), enacted June 2, 1832. Other charters soon followed, the most of which were never used. The first Railroad operated within the State, was the Erie and Kalamazoo, from Toledo to Adrian, Mich., (33 miles), and now constituting a part of the Lake Shore and Michigan Southern Road. Its charter was granted by the Territorial Legislature of Michigan in 1832, when the entire route of the Road was under Michigan jurisdiction. It was opened for traffic during the fall of 1836, and operated by horsepower, the first locomotive being used the next summer. The Sandusky and Dayton Road was finished to Bellevue (16 miles), in 1839. In 1841 the Railway mileage in Ohio was 41 miles ; 572 in 1851 ; 3,024 in 1861. ; and 3,457 in 1871. In 1881, there were 5,353 miles of main track, 356 miles of branches, 194 miles of double track, and 1,185 miles of sidings, etc., making a total of 7,088 miles, of which 266 miles were in Hamilton, 258 in Cuyahoga, 208 in Lucas and 189 in Franklin County. The total taxable valuation of these Roads was then $82,713,780, on which $1,223,711 in taxes was paid.

The first Territorial Delegate from the Northwest in Congress, was Gen. Wm. H. Harrison, elected in 1799. In 1800 he resigned upon being appointed Governor of the Territory of Indiana, and William McMillan, also of Hamilton County, was chosen as his successor. Paul Fearing of Washington County was elected in 1801, who served until the State Government went into operation, when Thomas Worthington of Ross, and John Smith of Hamilton, as Senators, and Jeremiah Morrow of Warren, as Representative, represented the State in Congress, the latter continuing as such until 1813, when the State was divided into Congressional Districts. The number of these at this time (1886) is 21.

Amendments to the State Constitution were added from time to time, but no general revision thereof was made until the Constitution of 1851 was adopted. The changes made in the form and mode of government were not numerous, nor very important. A Lieutenant Governor was provided and made elective by the people, to preside over the Senate and act as Governor in case of vacancy, and Probate Courts for the several Counties. The limited power of the Governor was continued. Among the more important of the provisions of this Constitution, was that forbidding the granting of licenses for the sale of intoxicating liquors, which was a departure from the preceding policy of the State in that regard. A third Constitutional Convention assembled in 1873, adjourning in 1874, by which a new organic law was framed, after a session of 188 days, but it failed to meet the popular approval at a succeeding election. The work of this body was singularly unsatisfactory to the people, and not less so for the expense of which it was the source. The entire cost of the Convention of 1802 did not reach $5,000 ; whereas, the official report of the proceedings and debates alone in 1874 amounted to $13,695.78, the aggregate expense being but little less than $200,000. Special amendments to the Constitution have been submitted to the popular vote by the Legislature from time to time, some of which were adopted and others rejected. Notably among these was the one approved in 1883, providing for a system of Circuit State Courts, intermediate between the Common Pleas and the Supreme Court, and designed to facilitate the administration of justice by relieving the latter judicatory of its impracticable charge. At the same time, were submitted two antagonistic provisions relating to the liquor traffic, one for a license system, under direction of the Legislature, and the other for utter prohibition of the manufacture or sale of liquors in the State. The result was defeat of both propositions. In this connection may be mentioned two separate attempts by the Legislature so to subject the liquor traffic to taxation and regulation, as should evade the prohibitory section of the existing Constitution. One of these was known as the " Pond " and the other as the " Scott " law. Both were pronounced unconstitutional by the Supreme Court, although the latter act was approved by that Court when first submitted. At the session of 1885-86, a third act, looking to the taxation of the liquor traffic, was passed by the Legislature. It is known as the "Dow" law, and in its general scope and aim, is much like the two acts already named. Its constitutionality was challenged, but the Supreme Court, by a decision rendered in December, 1886, affirmed its validity.


10 - OUTLINE HISTORY OF THE STATE OF OHIO.

The right to vote in Ohio is now secured to .all male citizens, without regard to race, color or previous condition of servitude, provided they be 21 years of age, and have a residence of one year within the State, 30 days in the County, and 20 days in the Township, Village or Ward next preceding the election. The State or general elections are held on the first Tuesday after the first Monday in November annually, when State, District and County officers, members of Congress and of the Legislature and Presidential electors are chosen. Elections for Township and Municipal officers are held on the first Monday of April annually.

The General Assembly consists of a Senate of 36 members and a House of Representatives of 105 members, both chosen for two years. The sessions are biennial, although they are made practically annual by an adjournment to the succeeding January, at the close of each regular session. The Executive officers of the State consist of a Governor, with a salary of $4,000; a Lieutenant Governor, salary, $800; a Secretary of State, salary, $2,000; an Auditor, salary, $3,000; a Treasurer, salary, $3,000; a Comptroller of the Treasury, salary, $2,000; an Attorney General, salary, $1,500, and fees; and a Commissioner of Schools, salary, $2,000. Of these all are elected for two years, except the Auditor, whose term is four years, and the Comptroller and Commissioner of Schools, elected for three years. The Board of Public Works, three in number, are chosen for three years each. The Commissioner of Railroads and Telegraphs, the Superintendent of Insurance, the Supervisor of Public Printing, the Gas Commissioner and the State and Law Librarians are appointed by the Governor, by and with the advice and consent of the Senate. The State Board of Agriculture, consisting of ten members, is chosen by a Convention of Presidents of the County Agricultural Societies, five being selected each year. The Supreme Court of the State consists of five members, one elective each year, and the one serving on his fifth year acting as Chief Justice. Their salary is $3.000. There are nine Common Pleas Districts, each having three sub-divisions, in which are provided one or more Judges, according to the demands of the case. The Circuit Court provided for in 1883 consists of 21 Judges, with salaries of $4,000 each, chosen for seven Circuits, who hold two terms of Court each year. There are special Superior Courts in Cincinnati, Cleveland, Dayton and Xenia. Justices of the Peace, elected for each Township, have exclusive jurisdiction in civil actions in which not more than $100 is involved, and concurrent jurisdiction with the Common Pleas in cases of $100 to $300. By act of Congress the State is divided into two Districts for United States Courts, which are held, the one for Southern Ohio at Cincinnati, and the other, for Northern Ohio, at Cleveland and Toledo. Besides, Federal Circuit Courts are held in each of these Districts.

Under the laws of Ohio, a married woman may hold, free from claim by her husband or his creditors, all property belonging to her at the time of their marriage or afterward acquired by her by gift, bequest or inheritance, or by purchase with her own separate means, and may, by will or otherwise, dispose of such property. Like control over her earnings is possessed by her. Divorces may be granted for three years' desertion, for adultery, impotence, extreme cruelty, fraudulent contract of marriage, gross neglect of duty, habitual drunkenness for three years, or imprisonment under criminal sentence. The legal rate of interest is six per cent., and not to. exceed eight per cent. may be agreed upon in writing, while six per cent. may be recovered where more than eight has been contracted.


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