papers and educational facilities were so lacking as to permit of this condition of affairs. Nevertheless, conceding all this, it may be asserted that the Constitutionalist party of Pennsylvania had a mission, and fulfilled it. It was the entering wedge which was to force asunder the old aristocracy and let in the new democracy. It was a manifestation of the great movement for more equal political and social rights, of which the Revolution was both a cause and an effect. In a far truer sense than can be said of the Virginians, it formed the nucleus of the Jeffersonian Democracy, which ripened in time into the Democratic party of Andrew Jackson. The spirit and tendency of the ultra-aristocratic wing of the Republican party may be seen in its conduct in the convention of 1789-90, and may be inferred from the lien and sedition laws of rampant Federalism. The one party looked backward, the other forward. The progress which the Constitutionalists 'brought was costly. They were untrained to-participation in public affairs, and naturally fell often into error; but the progress was permanent.

XXII.-EVOLUTION OF TOWNSHIP GOVERNMENT IN OHIO.

By JAMES ALVA WILGUS.

This paper is the result of investigations started on the subject of "town meetings" in Ohio; but this is only one phase of the subject of township government in Ohio, and is an intervening step between an earlier form and a later one; so in describing the evolution of township government in Ohio it will be necessary to go back to the very organization of gov ernment in the Northwest Territory. I wish to state in the beginning, however, that it is not my intention to trace the evolution clear through to the present, but only to deal with the earlier development, and to set forth in a simple manner the chief characteristics of our early township government, through the period of transformation, to the point where the main features of our system to-day take their rise. And it will be seen, I think, that "town meetings" in Ohio were essentially different from those in New England, where all the townsmen met together to make and execute local laws.

When the settlers who had journeyed down the Ohio in the Mayflower landed at what is to-day Marietta, the 7th day of April, 1788, they found it desirable to establish some sort of regulations to govern their dealings with one another. Accordingly on the next day they promulgated a code of laws by nailing them to the trunk of a large tree on the river bank. It must be observed that this was purely a voluntary agreement to meet the wants of the community, until the officers of the government of the Northwest Territory, provided for by the ordinance of 1787, should arrive and regularly institute government. "This code," it is said, "was rigidly observed till other laws were regularly enacted, and under it the peace. of the settlement was never once disturbed."1

'Walker's History of Athens County, Ohio (1869), p. 86.

Governor St. Clair and party arrived in the course of three months, July 9, 1788, but St. Clair rested until the 15th, when he first publicly appeared before the assembled people, and delivering his inaugural address, began the government legally and regularly provided for. On the 26th of the same month,' he organized by proclamation the county of Washington, embracing nearly half of the present State of Ohio, which was the first agency for the administration of both general and local government. However, it must not be understood that local government, properly speaking, was established with the creation of Washington County. This did not occur till two years afterwards.

But before passing to this it may be well to inquire whether the people, even without any law on the subject, actually engaged in local government during this time. Probably they did not, and for two reasons. First, they did not feel that they had any authority to do so; and second, there was little or no necessity for it. An exception ought to be made to this, however, in the case of Marietta, for we have the record of a town meeting held there February 4, 1789, the first that ever convened in the Northwest Territory, to make some police regulations for the village. But that the people felt their lack of authority for holding such a meeting and establishing such regulations is clearly shown by their address to the governor and judges, who were away at the time, wherein they apologize upon the plea of urgent necessity for "establishing such city regulations as we are conscious should be derived alone from the sanction of your excellency's authority." This, it will be noticed also, is connected with the regulations of a vil lage community and not with those of a township, but it is interesting as showing the ideas the people had regarding their powers. Furthermore, as it is well known that the peo. ple of the Northwest Territory in its early existence had no share in the government, there being no officers to elect, it is more than probable, it seems, that the people did not find it necessary to, and hence did not, meet together to regulate their own affairs and transact business in the name of local gov

The proclamation was dated the 26th, but not issued till the next day. (II, St. Clair papers, pp. 78-79, note 1.) The proclamation is given in full. See also Walker's History of Athens County, Ohio, 1869, p. 93. 2 (Anonymous.) History of Washington County (1881), p. 460. Published at Cleveland.

ernment for several years, not even until 1795, when they were first granted the privilege by law of electing one of their local officers, the assessor.

The ordinance establishing government in the Northwest Territory provided that the governor and judges (three in number) or a majority of them, should "adopt and publish such laws of the original States

as may

be necessary and best suited" to the Territory, subject, however, to the approval of Congress. Until the organization of a Territorial legislature it was the duty of the governor to appoint "such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same." It was also the duty of the governor to lay out the Territory into "counties and townships." When a legislature should be formed it was to define the powers and duties of officers, and also to make alterations in the civil divisions of the Territory when necessary.'

In accordance therefore with this fundamental law of the Territory, there was "passed" by Governor St. Clair and Judges Symmes and Turner, and published November 6, 1790, the first act establishing local government. It will be noticed that the governor gave up his power of creating townships, and that the township and its officers were made dependent upon the county. This act directed "the justices of the court of general quarter sessions of the peace" in the several counties "to divide the counties into townships." The first townships so created were Marietta, Belpre, and Waterford, in Washington County, and all quite large. The township officers provided for by this act were constables, overseers of the poor, and township clerk. They were to be appointed by the "justices of the court of quarter sessions of the peace" and were to hold office one year, except the township clerk, who was to hold "during good behavior." The duties of the constable were mostly ministerial; those of the overseers of the poor were principally to ascertain what persons needed relief and report to the "justices," so that "legal means" might be taken to afford it; and those of the township clerk were to

'Ordinance of July 13, 1787.

3

I Chase's Statutes of Ohio (Territorial Laws, Ch. XVI), p. 107. 3(Anon.) History of Washington County (1881), p. 109. Published at Cleveland.

enter and register earmarks, brands, etc., for stock, and to look after strays. It will thus be seen that the functions of the township under this first act were inquisitorial, ministerial, and administrative.

The next act touching the township is that of the governor and judges, August 1, 1792, wherein the "judges of the court of common pleas" in each county were to appoint annually, in addition to the officers above mentioned, "in each township, village, or district" three judicious men, "two of whom shall have power to assess and apportion the sum or

sums" directed by the county commissioners.

2

Three years

later, by act of June 19, 1795, it was provided that the assessors should be chosen by electors in each township. This is the first instance of power being conferred upon the people to meet together and choose officers to manage their local affairs; and it is a significant fact that the first officer that the people had the privilege of electing was a financial officer, one intimately connected with their pocket and purse. It may be well therefore to describe the manner in which the election was conducted: "The free male inhabitants of the several townships shall, on the third Tuesday in November, yearly and every year, assemble at some convenient and best inhabited part of every township, to be pointed out by the constable, and elect by ballot, viz, by writing on a piece of paper the name of one person, who he prefers to be assessor of the township for the year ensuing, and deliver the same to the three judges of the election, to be previously chosen, viva voce, by the said inhabitants so assembled; which ballot the said judges, or one of them, shall receive and keep safe in some box or close vessel, until all the ballots tendered to them, or any of them, that day, are received. And on examination of the ballots, the person having the greatest number of votes, being a freeholder of good fame, shall be considered, respected, and attended to as the assessor of such township for the year ensuing."

Certificates of election were to be issued and signed by the judges of election, and "by at least six more freeholders," and returns were to be made to the court.

In the system of township government as established by the preceding acts, the people had only a very little share in the management of their local affairs, and with the exception noted in the case of the assessor this period may be designated as that of appointed officers. It is known that dissatis

I Chase's Statutes of Ohio, p. 119.

I Chase's Statutes of Ohio, p. 169. This act was adopted from the statutes of Pennsylvania, and was to take effect October 1, 1795.