they appointed—that the inhabitants of the district were too few and too poor to bear the expense of a State government-that their numbers were rapidly increasingthat in two years, at most, the district would have a population, which would entitle it, as a matter of right, to become a State, without conditions or restrictions, and that it was better to endure the inconveniences complained of, till the time should arrive, when the proposed change would be a matter of right, and the people better prepared to meet the expenses of the change.

These were the leading views of the contending parties of that day, and when the movements to which they led are calmly reviewed, by one who participated largely in them, it will not be difficult to account for all that transpired. Such a retrospect will show that there was an unreasonable warmth, and jealousy of motive, on both sides. The fact, however, can not be yielded, that the interests of all concerned, would have been greatly advanced, if the formation of a State government had been deferred. The pecuniary and other benefits of the Territorial government, during the short time of its proposed continuance, would have far overbalanced the inconveniences complained of; and the sacrifices submitted to, by assenting to the compact, would have been avoided. The contest, however, is over, and, of those who were engaged in it, there is but here and there a survivor to tell the tale! The actors in those agitating scenes, are almost all in their graves; and whatever of abuse, or reproach, may have been cast by either party, on the other, is now covered by the mantle of oblivion.

CHAPTER XIX.

Details of the State Convention.-Its members.-The formation of the Constitution. The question of Slavery.-The Northern boundary.-Refusal to submit the Constitution to the people.-Reflections.

In a former chapter, a few general remarks were made, relating to the Convention which formed the Constitution of Ohio, and the privileges guarantied to the new States, by the act of cession. It is proposed now, to refer to these subjects more in detail.

It is a fact, worthy of some notice, that those who advocated the immediate formation of a State government, were unwilling to refer the decision of that question to the Legislature of the Territory, or to take the opinion of the inhabitants, whether a Convention should be called, or not. As the safer way to accomplish their purpose, they petitioned Congress to take the power into their own hands, and order a Convention, without consulting either the Legislature, or the people of the district.

The application of those individuals, unauthorised as it was, by any legitimate authority recognised in the district, was sustained, and Congress proceeded, forthwith, to pass a law, not only authorising, but, in pretty plain terms, urging the people of the eastern division of the Territory to form a Constitution and State government. That law prescribed the boundaries of the State, fixed the number of members of which the Convention should consist, and apportioned the number to be chosen by each county. It also changed the qualifications of electors, prescribed by

the Ordinance, and appointed the time and place of holding the election.

Its provisions, except so far as they related to the mere right of holding a Convention, and forming a Constitution, were considered as assumptions of power, not warranted by the Constitution, or the Ordinance; and an infringement of the rights of the local Legislature. It was, however, silently submitted to; and the members of the Convention, thirty-five in number, were chosen in the manner prescribed by that act. The result of the choice was highly creditable to the intelligence of the inhabitants, as, with but few exceptions, the most intelligent men in the counties were selected. Among the ten delegates from Hamilton county, was Jeremiah Morrow, who has since filled an ample space in the estimation and confidence of the nation; Francis Dunlavy, a veteran pioneer of talents, of liberal education, and of unbending integrity, was chosen. John Smith and John Riley, both men of strong minds and irreproachable characters, were also of the number.

Among the delegates from Jefferson county was Bezaleel Wells; from Adams, General Darlington; from Ross, General Massie, Governor Worthington and Governor Tiffin; from Trumbull, Governor Huntington; from Washington, Ephraim Cutler, Benjamin Ives Gilman, and the venerable General Rufus Putnam; all of them men of vigorous minds, and high standing in the confidence of their fellow citizens.

On the first Monday of November, 1802, the Convention assembled at Chillicothe, consisting of the following members:

From the county of Adams-Joseph Darlington, Thomas Kirker and Israel Donaldson.

From the county of Hamilton-Francis Dunlavy, John Paul, Jeremiah Morrow, John Wilson, Charles Wylling Byrd, John Smith, John Riley, William Goforth, John W. Browne, and John Kitchel.

From the county of Ross-Edward Tiffin, Nathaniel Mas

sie, Thomas Worthington, Michael Baldwin, and James Grubb.

From the county of Jefferson-Rudolph Bair, John Milligan, George Humphrey, Bezaleel Wells, and Nathan Updegraff.

From the county of Trumbull-Samuel Huntingdon and David Abbot.

From the county of Belmont-James Caldwell and Elijah Woods.

From the county of Fairfield-Emanuel Carpenter and Henry Abrahams.

From the county of Washington-Ephraim Cutler, Rufus Putnam, John McIntyre, and Benjamin Ives Gilman.

From the county of Clermont-Philip Gatch and James Sargent.

On the succeeding day, they assembled, and elected Edward Tiffin President, and Thomas Scott, Secretary. Before they proceeded to business, Governor St. Clair proposed to address them, in his official character, as the chief executive magistrate of the Territory. This proposition was resisted by several of the members. After it had been discussed some time, a motion was made, and adopted by a majority of five, couched in these words: "That Arthur St. Clair, senior, Esquire, be permitted to address the Convention on those points which he deems of importance." The phraseology of the resolution, compared with the proposal of the Governor, presents a question, whether it was not intended to mortify his feelings, if not to offer a personal insult. On that subject it is unnecessary to express an opinion.

After the Governor had made his address, which was sensible and conciliatory, a resolution was offered for the consideration of the Convention, declaring that, "it is now expedient to form a Constitution and State government." Although more than a fourth of the members, composing the body, had expressed their opinion, in very decided

terms, against the expediency of the measure, and against the manner of its accomplishment; yet the resolution was carried, by a vote of thirty-two to one; two members being absent, and Judge Cutler, an indomitable Whig, of Washington county, voting in the negative, "solitary and alone." Early in the session, the different articles, or subjects which it was proposed to introduce into the Constitution, were referred to separate committees. A resolution was also offered, declaring in substance, that when the Constitution was finished, it should be submitted to the people for their adoption or rejection, before it should go into operation. That proposition would have been strictly republican, and proper, under any circumstances; but peculiarly so, in that case, as neither the people, nor their representatives in the Assembly, had been consulted, or had exercised any agency in forming the law, by the authority of which the Convention had been called; or in prescribing the principles on which they were to act; nor had an opportunity been afforded them, to form and express an opinion on the important conditions contained in the proposition, offered by Congress. Yet the resolution was rejected by a vote of twenty-seven to seven; and the Constitution was declared to be in force, and obligatory on the people, without their assent, expressed in any form whatever; and, in fact, without their knowing how far the Convention, in their compact with Congress, had bartered away their rights, guarantied in the federal Constitution, and in the act of cession.

Some persons ascribed the rejection of the resolution, to a fear that the people would repudiate the instrument, if it were submitted to them, in the form in which it had been drawn up. Others ascribed it to an over anxiety to get the new government into operation, in the shortest possible time, as it was understood, that all the important offices to be created, both federal and state, were to be filled by members of that body. Without stopping to speculate on