CHAPTER XIII. ADMISSION OF OHIO INTO THE UNION — POLITICAL HISTORY— EARLY LAWS OF OHIO. THE ADMISSION OF OHIO INTO THE UNION. The mooted question as to the exact date of the admission of Ohio into the Union, may be illustrated thus : A man knocks at my door; I give the old-fashioned response, "come in." Now, is he in when I say "come in," signifying consent, or is he not in until he comes in? The enabling act, for the formation of the State of Ohio, was approved April 30, 1802; the Constitution was formed November 29, 1802. The act empowering the State to execute laws, was not passed until the 19th day of February 1803, and by which she was admitted and fully recognized as one of the States of the Union. POLITICAL HISTORY. The first General Assembly under the State constitution, convened at Chillicothe, March 1, 1803. The Legislature enacted such laws as the new State required, and created eight new counties. The first State officers elected by this body were, Michael Baldwin, Speaker of the House of Representatives ; Nathaniel Massie, Speaker of the Senate; William Creighton, Jr., Secretary of State; Colonel Thomas Gibson, Auditor; William McFarland, Treasurer; Return J. Meigs, Jr., Samuel Huntington, and William Sprigg, Judges of the Supreme Court; Francis Dunlavy, Wyllys Silliman, and Calvin Pease, Judges of the District Courts. The second General Assembly met the following December, which passed a law giving to aliens the same proprietary rights in Ohio as native citizens. Acts were also passed, improving the revenue system, providing for the incorporation of townships, and establishment of a board of commissioners of counties. In 1805 Ohio gained possession of a part of the Western Reserve, through treaties with the Indians at Fort Industry, and subsequently, all the country of the Maumee was ceded to the United States. One of the most stirring events of this year was the conspiracy of 184 - POLITICAL HISTORY OF OHIO. Aaron Burr, whose bold and gigantic scheme for the dismemberment of the Union and conquest of Mexico fully developed itself ; all under the ostensible purpose of settling the Washita lands. At this period a war with Spain seemed inevitable ; and Burr's plan was, to seize Mexico, and with the aid of Generals Wilkinson, Swartwout, Blannerhasset, Davis Floyd, Tyler Sparks, and Smith, with an army of seven thousand men, which would be strengthened as they proceeded on their way to New Orleans, Vera Cruz, and finally to the City of Mexico. Happily, through the exertions of United States Attorney Davies, of Kentucky, and a Mr. Graham, the scheme was discovered; which led to the trial and acquittal of Burr. Nothing of great historical importance occurred from this time, until the smouldering fire of Indian hate and revenge, which had for years been kindling under the eloquence of Tecumseh and the cunning of the Prophet, his brother, broke out in 1810. Tecumseh had always claimed that the treaty of Greenville was not binding because all the Indian tribes were not represented. After various councils between General Harrison and the Indians, all prospect of an amicable settlement was put to flight by open hostilities. The Prophet and Tecumseh had assembled an army at Tippecanoe, in what is now Cass county, Indiana, which the former had, through conjuration and other means, inspired with a kind of religious enthusiasm, which led them to expect certain victory over the pale-faces, whom the Great Spirit hated. In 1811 General Harrison marched against them, and gained a decisive victory over them, which broke the Prophet's power, and, for a time, secured peace to the frontiers. During this year, the first steamboat launched upon western waters, made a trip from Pittsburgh to New Orleans. The year 1812 found the Indians generally in their villages. Tenskwatawa, the Prophet, like AEsop's braying donkey dressed in a lion's skin, had proved himself a boasting liar, deserted by all his band. But the indefatigable Tecumseh was ever active, and, though the battle of Tippecanoe was fought without his knowledge, and against his advice, and his plans for uniting all the tribes frustrated, various depredations were committed, and several councils held, in which Tecumseh always took a haughty part, until at last, in June, 1812, he went to Fort Wayne and imperiously demanded ammunition. Ammunition was refused, and the agent made him a conciliatory speech. Tecumseh replied that his "British father would not deny him," and after a few moments' reflection, gave the war-whoop, and left for Malden; where he joined the English. POLITICAL HISTORY OF OHIO - 185 In the same month war was formally declared between the United States and Great Britain, of which the West was the principal arena. Opened by the disgraceful surrender of General Hull, by which Detroit, Michigan, and the Canadas were ignominiously given up to the British, followed by defeat in other directions, the national reputation was only regained by a series of brilliant victories achieved by gallant Croghan at Fort Stephenson, Oliver H. Perry on Lake Erie, Harrison at the Thames, and the crowning triumph of Jackson at New Orleans. In all of these glorious records Ohio's sons took a prominent part; scarcely a battle was fought, not participated in by Ohio troops ; and the words of the immortal Miller, at Lundy's Lane, “I will try, sir," still ring proudly in the ear of every true patriot. In 1816 the State house and other public buildings, for the accomodation of the legislature and State officers, having been erected, the seat of State government was removed from Chillicothe to Columbus.  The first legislation relating to a canal connecting the Ohio with Lake Erie, took place in January, 1817; no further steps were taken until 1819, when the subject was again agitated, but not until 1820 was any tangible proof of the success of the scheme evident. On the recommendation of Governor Brown, an act was passed appointing three Canal Commissioners, who were to employ a competent engineer and assistants for the purpose of surveying the route of the canal. The action of the Commissioners, however, was made dependent upon the acceptance by Congress of a proposition made by the 'State for a donation and sale of the public land lying upon, and adjacent to, the route of the canal. By reason of this restriction, active measures were delayed for two years. In 1822 the subject was referred to a committee of the House, and its feasibility having been strongly urged, James Geddes, of New York, a skilful and experienced engineer, was employed to make the preliminary examination and surveys. After all the routes had been surveyed, and the proper estimates laid before the legislature, that body passed an act, February, 1825, providing "for the internal improvement of the State by navigable canals." Immediately after, the State carried out the provisions of the act, in excavating the present canal, which has been of so great value to her commercial interests. On the 4th of February, also, in 1825, the same act authorized the making of a canal from Cincinnati to Dayton, and the creation of a canal fund; the vote in the House being fifty-eight to thirteen; in 186 - POLITICAL HISTORY OF OHIO. the Senate, thirty-four to two. On the following day, an act was passed providing for a system of Common Schools. During the previous year, the Miami University was established at Oxford, Butler county, Ohio, deriving its endowment from a township of land six miles square in the northwest corner of Butler county, which had been located there in lieu of a township originally granted by the United States, for the endowment of an institution of learning, in Symmes's purchase between the Miamis. The Black Hawk war of 1832, being local in nature, caused no serious perturbation in the State worthy of note. During the years 1836 and 1837, serious apprehensions of a civil war were felt, arising out of the disputed southern boundary of Michigan. The ordinance of 1787 provided that three States should be formed out of the northwest territory, also giving Congress the power to form one or two others north of an east and west line through the head or southern extremity of Lake Michigan. This, at the time Ohio was admitted, was construed to mean that the two said States were not to extend south of the east and west line thus specified, which would include Maumee Bay in Ohio. Michigan disputed this construction, and when Ohio sent surveyors to fix the line as thus defined, the Michigan territorial authorities organized an armed force, and drove them out, and stationed a military party on the ground. Commissioners were sent by the President to the disaffected parties, urging them to await a decision by the proper tribunal ; and when Michigan sought admission into the Union, she was required to recognize the boundary as claimed by Ohio, which she finally did. In 1837 and 1838, a rupture between the United States and Great Britain was threatened by a revolutionary movement in Canada. Among the States that gave aid and sympathy to this movement, was Ohio, who sent a regiment under the command of Lucius V. Bierce, of Akron, which engaged the provincial militia in a severe fight, and eventually cut their way through Windsor, and escaped to Detroit. In 1839, W. H. Harrison was nominated on the whig ticket, and in the summer and autumn of 1840, a very exciting canvass ensued. It was assumed that inasmuch as Gen. Harrison was an old pioneer, and lived in a pioneer structure, that his latch string was always hanging out, and that a perennial stream of hard cider flowed for all who might apply. As a natural result there was a lively log cabin and hard cider emigration to his home, and much consumption of spirituous liquors, dissipation and drunkenness. POLITICAL HISTORY OF OHIO - 187 No important events in the history of the State occurred till the second constitutional convention in 1850 and 1851, which, among other things, provided for the election of a lieutenant-governor. At about this time Ohio had assumed the third rank in the Union. Her population in 1830, numbered 937,903 ; in 1850, 1,980,329 ; in 1, nothwithstanding a vast emigration to the west and Oregon, it was 2,343,739. Agriculture and manufacturing industries were in the highest. state of prosperity; free schools gave to every child the means of an education, and this was the prosperous condition of Ohio when Abraham Lincoln was elected President. In 1861, the seeds of rebellion sown by John C. Calhoun, sprang up and deluged our country with a civil war the most devastating that had ever torn through the entrails of any nation on earth. Through the almost prophetic foresight of Gov. S. P. Chase, the militia of Ohio, which had long previously been neglected, were reorganized, and the old rusty cannon only used for Fourth of July celebrations, was brought into requisition, and the small arms were brightened up, and in the of face jeering opposition, companies were recruited and drilled in the cities and towns ; and before his second term expired, he had the pleasure of reviewing at Dayton, about thirty, companies from different parts of the State, which maintained their organization until consolidated dated into the First regiment in 1861, participating in the war which followed. As a natural sequence, the militia of Ohio were superior to that of all other States. Prior to the fall of Sumpter and the insult offered to our country's flag much political difference existed ; but the blood of Sumpter dissolved all factions, and with few exceptions connected all in patriotism. On April 18, 1861, a bill was passed by a unanimous vote of ninety-nine, appropriating $500,000 to carry into effect the requisition of the President. Said sum to be borrowed, and the bonds of the State free from tax and drawing ten per cent interest to be given therefor. Various bills were passed, viz : Declaring the property of volunteers free from execution for debt during their term of service. Any resisdent of the State giving aid and comfort to the enemy, guilty of treason, to be punished by imprisonment for life, etc. The whole to State, militia was organized. Arms or munitions of war were prohibted from passing through Ohio to any of the disaffected States. The legislature of 1861 nobly met the extraordinary exigencies imposed upon it, and for patriotism, zeal, and cool judgment, proved itself fully the equal of its successors. In summing up the part taken by Ohio in the war, we can substi- 188 - POLITICAL HISTORY OF OHIO. tute nothing better than the language of Whitelaw Reid : When Lee surrendered at Appomatox Ohio had two hundred regiments of all arms in the national service. In the course of the war she had furnished two hundred and thirty regiments, besides twenty-six independent batteries of artillery, five independent companies of cavalry, several companies of sharpshooters, large parts of five regiments credited to the West Virginia contingent, two regiments credited to the Kentucky contingent, two transferred-to the United States colored troops, and a large portion of the rank and file of the Fifty-fourth and Sixty-fifth Massachusetts colored. Of these, twenty-three were infantry regiments, furnished on the first call of the President, being an excess of nearly one-half over the State's quota. One hundred and ninety-one were infantry regiments, furnished to subsequent calls of the President, one hundred and seven-teen of them for three years, twenty-seven for one year, two for six months, two for three months, and forty-two for one hundred days; thirteen were cavalry, and three artillery regiments for three years; and of these, over 20,000 re-enlisted as veterans at the end of their long term of service to fight till the close of the war. As original members of, or recruits for, these organizations, Ohio furnished for the National service the magnificent army of 310,654 soldiers. As comparison, we may say that the older State of Pennsylvania gave only 28,000 more, Illinois 48,000 less, Indiana 116,000 less, and Kentucky 235,000, while Massachusetts was 164,000 less. All through the war Ohio responded in excess to every call, and we may repeat with pride the words of her war governor : " If Ken-tucky refuses to fill her quota, Ohio will fill it for her." Of these troops, 11,237 were killed or mortally wounded in action, 6,563 of whom were left dead on the field of battle. Within forty-eight hours after the telegraphic call of the President in April, 1861, two Ohio regiments were on their way to Washington. An Ohio brigade, in good order, covered the retreat from the first battle of Bull Run. Ohio troops formed the bulk of the army that saved to the Union what subsequently became West Virginia. Also she took the same active part in preventing the secession of Kentucky, the same at Fort Donaldson, Island No. 10, Stone River, Chickamauga, Mission Ridge, Atlanta, Fort McAllister, to the sea, and through the Carolinas and Virginia. They fought at Pea Ridge, charged at Wagner, helped to redeem North Carolina; laid siege to Vicksburg, Charleston, Richmond and Mobile ; at Pittsburg Landing, Antietam, Gettysburg, in the Wilderness , Five Forks, in front of Nashville and EARLY LAWS OF OHIO - 189 Appomattox Court House, and Corinth ; " their bones reposing on the fields they won, are a perpetual pledge that no flag shall ever wave over their graves but the flag they died to maintain." Their sufferings, their death, wilt ever be cherished and remembered by their grateful countrymen; and, as evidences of the veneration in which they are are held, we behold the beautiful Home, near Dayton, and the Asylum near Xenia. Since the war Ohio has steadily advanced in agriculture, manufacturing and in all commercial directions. Politically she stands in the front ranks, and in the production of Presidents, her soil seems as prolific as the Old Dominion. The Mediterranean State in geographical position, her advantages are fast making her the leading State in our glorious Union. EARLY LAWS IN OHIO. To those who complain of the rigidity of the present law of our State, a glance at some of the punishments inflicted in " ye olden times" for petty offenses will soon dispel any such idea. In those times, when the present State was governed by the Territorial laws, the court house yards were invariably ornamented with the pillory, stocks and whipping-post. The first law for whipping was made by Governor St. Clair and Judges Parsons and Varnum at Marietta., September 6, 1787, which provided that in case a mob were ordered to disperse, and refused so to do, each person, upon conviction should be fined in a sum not exceeding three hundred dollars, and whipped not exceeding thirty-nine stripes, etc. The same penalty was inflicted for burglary, and, where violence was used, forty years imprisonment and forfeiture of goods and realty For perjury, or refusing to be sworn, sixty dollars fine, thirty-nine stripes, and sitting in the pillory two hours. For forgery, sitting in the pillory three hours. a or arson, thirty-nine stripes, put in the pillory, confinement in the three years, and forfeiture of property, and in case death was by such crime the offender was punished with death. If a child refuse to obey his or her parents, or master, on complaint shal1 be sent to the jail or house of correction until he or she, or they “shall humble humble themselves to the parent's or master's satisfaction ; and if any child shall strike his parent, he shall be whipped not exceeding ten stripes. 190 - EARLY LAWS OF OHIO. For larceny, two-fold restitution, thirty-nine stripes, or seven years labor. For drunkenness, first offense, five dimes, and one dollar for each " additional drunk," or sitting in the stocks one hour.