for the Territory of the United States northwest of the Ohio river. For the purpose of this paper, suffice it to say, that the government of the new Territory was administered by a governor and three judges, appointed by the President. General Arthur St. Clair was the choice of President Adams for the first governor of the Ohio country, and on the 9th of July, 1788, the new executive completed his long journey across the mountains of Pennsylvania and arrived at Marietta.' On the 15th of the same month, and in the presence of the small but sturdy band of pioneers who had gathered in the Campus Martius of Marietta, the Governor assumed formal possession of the Territory.2 The succeeding ten years of Ohio's history is economic and industrial rather than political. It was a decade of migration, of settlement and development, of home seeking and home building, and of Indian wars. Nevertheless this was an important period in the history of Ohio and of particular significance for the subject under discussion, for the people who came to Ohio during this period were to determine the political character of the government. Of these immigrants there were two distinct classes politically; those who came from the east and those who came from the south. The pioneers from the Federalist states, Massachusetts and Connecticut, very naturally settled in eastern Ohio, thus making the cities of Marietta and Cleveland the centers of the Federalist party in the Territory, while on the other hand, the Republicans of Virginia and Kentucky just as naturally settled in central and western Ohio, making Chillicothe the center of republicanism. 'Randall and Ryan-History of Ohio, Vol. 2, p. 465. The government in the Territory from 1788 to 1798 reflects the personality and political theory of Governor St. Clair. He had been schooled in New England ideas of government, and of course carried these ideas with him to the western country. He shared in the political beliefs of Washington and Adams, which, as mentioned at the outset, were considered liberal in 1776 but became somewhat conservative in 1800. The character of his government, therefore, was autocratic rather than democratic. Culprits were punished by fines, the pil lory or the stocks, and people were put into prison or sold into slavery for debt. Everywhere and in any case, the will of the Governor was absolute. 3 This condition of government made the character of the emigration to Ohio of great importance. The people who came from the cities of New England were accustomed to a strong centralized government and, in some measure, to the rigorous regulation of lives by law. Therefore, they did not fret under the sturdy administration of Governor St. Clair. On the other hand, those adventuresome frontiersmen of western Virginia and Kentucky, who, impelled by the western rush of population, crossed the Ohio river from the south and southeast and settled in southern and western Ohio, were unaccustomed to administrative control, and hence somewhat dissatisfied with the government. It is of importance, then, to keep these two types of immigrants in mind, for out of them, were to develop two factions which dominated the political thought of the Territory 3 Randall and Ryan-History of Ohio, Vol. 2, p. 466, also Daniel J. Ryan - Ohio, p. 49. and whose influences can be traced through fifteen or twenty years of Ohio's history.* The Territory grew so rapidly in population that by 1798 it contained 5000 free male inhabitants, which, according to the Ordinance of 1787, was required for the establishment of a Territorial Legislature. Accordingly, in December of 1798, Governor St. Clair ordered an election to be held for the purpose of electing members for such a body. Any freeholder of fifty or more acres of territorial land, who was a citizen and had resided within the Territory for two years, possessed the right of suffrage. The candidate for office, however, was required to be a free holder of 200 or more acres of territorial land in addition to the qualifications of voters. Under these conditions twenty-two men were elected to compose the first legislature of the Territory. The representatives met at Cincinnati, February 4, 1799. Their first duty, in pursuance of the Ordinance of 1787, was to nominate ten men of the Territory, who were free holders of at least 500 acres of land, and from whom the President would select five to compose the Legislative Council. Having made these nominations the legislature adjourned to meet again at the same place on September 16, 1799. On September 24, 1799, the Governor addressed the Legislature, congratulated them on the formation of the new government, and called their attention to the problems which, in his opinion, should receive their attention." The The influence of the ardent states' rights supporters was shown in the "Sweeping Resolutions" and the National bank case. Western Spy and Hamilton Gazette, December 8, 1798. W. H. Smith-The St. Clair Papers, Vol. 1, p. 207. Jacob Burnet-Notes on the Northwestern Territory, p. 291. 8 Ibid, p. 292. Western Spy, September 31, 1799. Legislative Council sent an exceptionally laudatory reply to the Governor, but the reply of the Assembly, though polite and respectful, obviously lacked the profuse praise contained in the reply of the Council.10 In order to understand the subsequent history of the Territory, we must first analyze the status quo of the Governor since the establishment of the Legislature. First and most important of all, he possessed the power of absolute veto on all legislative acts. His appointive power extended over all justices of the peace and army officers, and he licensed all lawyers and innkeepers. In short, no legislative or administrative act could be completed without his knowledge and approval." These were not new or additional powers that had been bestowed upon him, but the exercise of them in any arbitrary fashion had a new significance owing to the existence of the Legislature. ernor. It is the opinion of some writers that the Legislature registered their disapproval of the Governor's regime, when, in their first official act, they selected William Henry Harrison to represent the Territory in Congress, instead of Arthur St. Clair, jr., the son of the GovThere is further significance to this act when it is understood that Mr. Harrison was a strong AntiFederalist and hence a political enemy of the Governor." However that may be, the first real clash of authority between Governor St. Clair and the Legislature was over the right to subdivide counties and locate their seats of government. Until February 4, 1799, the Governor had undisputed power to establish the bounda 10 Western Spy, October 8, 1799. "Burnet-Notes on the Northwestern Territory, p. 475. 12 Western Spy, October 8, 1799-The President of the first Legislature was Edward Tiffin and the Secretary was John Riley. ries of counties and to designate the county seat, but since the establishment of the Legislature, a good many people of the Territory, and the majority of the members of the Legislature itself, believed that this power rested no longer with Governor St. Clair.13 Nathaniel Massie seemed to be the leader of the opponents of the Governor on this question. Mr. Massie had migrated to the Territory from Kentucky," which at that time, was a center of democratic ideals, and under the influence of Thomas Jefferson." He had started a settlement at Manchester in Adams County, and wished a county seat to be located at that place. About the middle of October, 1799, a petition from the citizens of Adams County was presented to the Legislature, asking that Manchester be made the county seat. On November 5, the Legislature granted the petition, and sent the bill to the Governor for his signature.16 The Governor vetoed the measure, as he did six other bills of similar nature passed during the first legistive session," and located the county seat at Adamsville. He later tersely remarked that the jurisdiction in the case rested with himself and that after investigation, he had found Adamsville to be the more suitable place for a seat of government.1 18 Other marked differences of opinion arose between the Legislature and the Governor, and in this connection, two acts of the Legislature are of significance: 1st, an act abolishing the property qualifications for voting, p. 52. 13 Western Spy, October 15; November 5, 1799. "David Meade Massie - Life of Nathaniel Massie, Cincinnati, 1896, 16 15 Robert Chaddock - Ohio Before 1850, New York, 1908, p. 221. . "S. P. Chase- Statutes of Ohio, Vol. 1, P. 29. |