SECTION 1. Be it ordained by the Mayor and Council of the Borough of Columbus, That there shall be a watch regularly established in said Borough, to commence their routes at ten of the clock, P. M., and continue until five of the clock A. M. of each night in the week. which shall consist of all the able-bodied white male inhabitants of said Borough, who shall be under the direction of the Mayor and Council of said Borough.

SECTION 2. That the Borough shall be divided into four districts, for each of which the town marshal shall notify as many persons as may be necessary to constitute a patrole for every night, at least three hours before the time of meeting, so long as the same may be considered expedient by the Mayor and Council; and if any person on being notified to serve on the patrole shall neglect or refuse to do so, for such neglect or refusal he shall be subject to a fine of one dollar, which may be remitted by the Mayor upon a reasonable excuse being given under oath.

SECTION 3. That the Mayor of said Borough shall make out and subscribe for each person composing the watch a certificate in substance as follows:

Borough of Columbus [day of the weekday of the month]. A. B. is appointed watch for this evening. MAYOR.

SECTION 4. That it shall be the duty of any person composing said watch to arrest and detain any disorderly or suspected person or persons found in said Borough between the hours of ten of the clock P. M., and five of the clock A. M., and to detain such disorderly or suspected persons until sunrise, when he, she or they shall be brought before the Mayor of said borough for examination.

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1822. On March 16 the council provided by resolution that all orders on the borough should draw interest after one year, and prohibited the marshal from receiving them at a discount. John Kerr, James Kooken and Robert W. McCoy, appointed as a committee on the finances of the corporation, reported May 12, showing funds and resources amounting to $1,134.80, and an indebtedness of $351.46, leaving a balance due the borough of $883.34. An ordinance of September 14 provided that swine running at large west of Fourth Street, if belong ing to citizens of the borough, might be taken up by the marshal and sold to the highest bidder.

1823. -On April 15 Messrs. Kerr, McCoy and McElvain were instructed as a committee to investigate and report upon the powers of the council with respect to persons of the African race within the borough. This committee reported, April 24, that the township overseers of the poor had power to remove all such persons from the township who had not acquired a legal settlement, and recommended that the marshal hold a conference with the overseers with respect to application of their powers for the removal of all "disorderly black or mulatto persons" found within the borough. On November 10 a committee was appointed "to regulate the weight and price of baker's bread."

1824. By resolution of October 18 it was declared that "their shall be a Regular Saxton [sexton] appointed by the Council."

1825. On April 1 R. D. McCoy and James Robinson were appointed on the part of the council, and Nathaniel McLean, Gustavus Swan, R. Osborn, Lyne Starling and Henry Brown on the part of the citizens, as members of a committee to receive General Lafayette who was then expected to but did not visit the capital of Ohio.

1826. By an act of the General Assembly passed January 30 the jurisdiction of the corporation was limited to the inlots.

1827. — An ordinance of March 12 required that the gutters on High Street from Broad "to the alley on the north side of the Mound" should be "made of suitable width" and a pavement three feet wide, including the gutter, should be laid "with small stones" under direction of the street committee. A newspaper writer of April 19 praises the streets, but acknowledges that the "public alleys are almost impassable, and have remained a perfect nuisance for a considerable time." An ordinance of August 17 prohibits the establishment of any "ninepin alley, ball alley or gambling house or place for gambling of any kind whatever." Section two of the same ordinance declares:

That if any person or persons shall be found serenading or attempting to serenade any individual or individuals, or making any unnecessary noise and disturbance, either with drums. bells, fifes, horns, pans, kettles or any other thing whatever, so as to harass and disturb any citizen or citizens of said borough, every such offender upon conviction thereof shall be fined in any sum not exceeding ten dollars, or be imprisoned in the jail of the county not exceeding twentyfour hours, or both, at the discretion of the Mayor.

Another ordinance of December 6 declared:

That no person shall be permitted to engage, buy or sell any marketing of any kind or description, except buying or selling meat from butchers, on any of the market days established by ordinance, before market hours, which shall be known by ringing of the bell.

1828. An ordinance of August 28 lays punishments upon any person found within the borough in a state of intoxication, engaged in disorderly behavior, or "strolling about the streets or alleys of said borough apparently with an improper or evil design," after ten o'clock at night.

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1829. An ordinance of March 29 contains these clauses: "No person or persons shall be permitted to keep a grocery, confectionery, alehouse or shop, or any place where ardent or other spirits or liquors are sold in less quantity than a quart within said borough, licensed tavernkeepers excepted, without having first obtained a license from the Mayor."

This ordinance further requires that any person intending to apply for a license should give notice of such intention in "three of the most public places in said borough" at least ten days before the sitting of the council, and authorizes the mayor and council to fix the amount to be paid for such license. The fee ranged from five to fifty dollars. An ordinance for the preservation of the peace and good morals of the borough of Columbus," passed September 3, subjects to fine and imprisonment all vagrants, idlers, and riotous or lewd persons guilty of disorderly or indecent behavior; also all persons found intoxicated, or "strolling about the streets or alleys of said borough, apparently with an improper or evil design, after ten o'clock at night, without giving satisfactory evidence of the honesty of their intentions." An additional ordinance for the suppression of gaming within the borough was passed September 3. A. I. McDowell was granted the privilege of erecting a bathhouse on Spring Street, conditioned upon the annual payment of one dollar.

1830.--On January 8, an ordinance was passed directing that a market should be held, under direction of the clerk of the same, in the new building on State Street, on Wednesday and Saturday morning of each week; that the street should be kept clear of filth and unobstructed by "wagons, carts, horses or oxen;" and declaring:

That the two west stalls and benches in the market house are reserved for the use of the country people; and the Clerk of the Market shall charge 25 cents for each beef, 12% cents for each hog, and 64 cents for each calf or sheep that is cut up or sold in the markethouse, and pay the same into the treasury for the use of the corporation.

Another ordinance of same date provided that "a building suitable for hay scales shall be erected on the alley south of and adjoining the lot on which the German church in Columbus is situate;" that a weigher should be appointed ; that certain fees for weighing might be charged; that 2,400 pounds should constitute a ton of hay; and that selling hay without having it weighed should be An ordinance for "protection of the borough of Columbus against damage by powder," passed January 18, requires that gunpowder for retail shall be kept in a good canister made of tin or copper," and that when more than one canister is kept, the additional quantity should be put into a good brick or stone powderhouse on the back part of some lot. Resolutions of February 12 declare that, "whereas the location of the National Road through the county by the Gen

eral Government is a matter in which the people generally have felt great interest, and particularly the citizens of this borough," and whereas the location, as made, is satisfactory to the people of the borough; therefore "High Street, so far as the National Road shall run in the same, shall be made to the satisfaction of the Superintendent [Jonathan Wright] and kept in good repair at the expense of the corporation." The ordinance further directed that a plat of the borough be made and submitted, with these resolutions, to the superintendent of the road for transmission to the Secretary of War. An ordinance of June 21, provides for the appointment of an engineer, and directs him to "commence and prosecute the grading and making a wharf on the east band of the Scioto River adjacent to the town of Columbus, beginning at or near the run above Broad Street, thence down the river to Town Street, including said street, the distance of which is computed at about 1,250 feet; the improvement to be made and completed agreeably to a plan and description submitted to the Council by Joseph Ridgway, Junior, and such other additions as may be directed by the Council." The ordinance proceeds to provide for a wharfing fund, to be managed by three commissioners, who were authorized to borrow $6,000 on "transferable certificates of stock of not more than $500 each," redeemable at the pleasure of the corporation "between the first day of 1834 and 1844." R. W. McCoy, Joel Buttles and L. Goodale were appointed commissioners in pursuance of this ordinance. An ordinance of June 21 directs that the sidewalks on State Street shall be paved, "from High Street west to the alley." An ordinance of August 12, framed with usual clumsiness and redundancy of language, begins with the following: Whereas, much uneasiness and great danger is apprehended on account of Blacksmith shops within the Borough, having lately taken fire, and from their situation and construction calculated when on fire to communicate the same to adjoining buildings, thereby jeopardizing the property of many citizens." The ordinance therefore provides that all such shops shall thereafter be built of brick, and regulates the construction of hearths and forges.

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1831-An ordinance of June 10 directs that during the months of June, July, August and September the market shall be held on Tuesdays, Thursdays and Saturdays. In June proposals for grading and finishing State Street west of the markethouse were invited. An ordinance of June 27 amending the liquor-license regulations, requires that "all applications for license to keep a grocery, and retail spirituous liquors, shall be made in writing and subscribed by at least twentyfour respectable householders of said borough, certifying that the applicant is a proper person to keep a grocery and retail spirituous liquors." This ordinance contained the following Sunday-closing section:

That if any person or persons licensed agreeably to the provisions of this ordinance, shall sell, barter or bargain for any spirituous liquors, or suffer or permit the same to be drank in his, her or their grocery, or on his or their premises, on the first day of the week commonly called Sunday, he, she or they so offending shall, on conviction thereof, be fined in a sum of not more than twenty dollars nor less than five dollars, and shall thereupon for feit his or their license, and shall not be relicensed for the space of one year thereafter.

1832-April 9: "If any person or persons shall dig up any of the streets, lanes or alleys of said Borough for the purpose of making brick, or dig any pit or hole, or in any manner dig up the streets, lanes or alleys to the hindrance of travellers or others," the persons so offending shall be fined. June 11: Sidewalk pavements ten feet wide and made of "good sand brick with good stone curb on the outer edge," ordered to be put down on all the Broad Street lots between High Street and the river. The width of such pavements on State Street was fixed at eight feet. July 13: "There shall be permanent stones sunk in the ground" in the common centre of Front, High and Third streets, and the streets by which these are crossed.

1833. This being the cholera year some attention was given to the condition of the streets, which was evidently one of great uncleanness. A newspaper contributor writing on May 25 calls attention to a heap of "filthy trash Lane, between Town and Rich streets, and says:

on Lusk's

When that nuisance is cleaned out of the highway we can then feel a freedom to invite your attention to other public highways in Columbus, the present situation of which is a gross impediment even to a footman, almost impassable with a carriage, and too filthy to be endured without complaining."

In May the following street committee was appointed: Robert W. McCoy, Christian Heyl, Samuel Parsons, Robert Riardon, George Jeffries and Jonathan Neereamer. Messrs. McCoy and Jeffries were delegated to provide a safe place for the keeping of powder. Among numerous street improvements ordered were these Repair of the bridge at the end of East Public Lane; repair of the bridge at the south end of High Street; graveling of High Street south of the bridge; construction of a culvert in Rich Street at Front; filling of holes in Front Street, entire length; graveling of Third Street, on both sides of Lizard Creek repair of two culverts on Lizard Creek, on Fourth Street; drainage of pond at the east end of State Street, opposite Judge Parish's; culvert at the east end of Town Street; opening of gutter on Fourth Street south of State; repair of High Street from Friend to Broad; and street repairs at the markethouse.

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Manifestly the cholera produced one useful result, if no other, in bestirring the easygoing villagers to open their chokedup gutters and culverts, drain their stagnant pools and remove the rotting garbageleaps which gorged their neglected alleys.

1. Chapter XIX, Volume 1.

NOTES.

2. An old citizen informs the author that when the first iron fence around the Capitol Square was built, the stones set by State Director Joel Wright when he made the original survey of the town were found in position.

CHAPTER XXXI.

COUNCIL, MAYORALTY AND POLICE-II.

The year 1834 begins the life of the capital as a city. The act of the General Assembly usually referred to as the "first city charter," entitled "an act to incorporate the City of Columbus in the State of Ohio," was passed and became a law May 3. That act repealed the borough charter of February 10, 1816, with all the acts amendatory thereto, and inaugurated an entirely new municipal régime. Its initial section defines the boundaries of the city in the following terms:

So much of the county of Franklin as is comprised within the following limits, to wit: Beginning at a point where the southwest corner of the new penitentiary lot bounds on the Scioto river, thence north with the west line of said lot to the north side of Public Lane, thence east with Public Lane to the east side of Fourth Street, thence south with the east side of Fourth Street to Broad Street, thence east with the north side of Broad Street to the east side of Seventh Street, thence south with the east side of Seventh Street to South Public Lane, thence west with the south side of Public Lane to the Alley which is the east boundary of South Columbus, thence with the south side of said Alley or Lane to the west side of the Alley or Street which is the western boundary of South Columbus, thence north with the west side of said Alley or Street to the south side of South Public Lane, thence west to the west side of the Columbus Feeder, so as to include the towpath, thence north with said towpath to the Scioto River, and in the same direction across said river, thence up the west side of said river and with the meanders until a line drawn due north will reach the place of beginning.

The territories thus bounded, and the inhabitants thereof, the act declares, "are created a body corporate and politic, with perpetual succession, by the name and style of the City of Columbus," capable of suing and being sued, pleading and being impleaded and of holding and conveying real estate; and competent to "have, receive and enjoy all the rights, immunities, powers and privileges, and be subject to all the duties and obligations incumbent upon and appertaining to a municipal corporation." The act divided the city into three wards, thus defined: "The first ward shall comprise all the territory north of the centre of State Street; the second ward all between the centre of State and the centre of Rich streets; and the third ward all south of the centre of Rich Street."

The powers of the corporation were vested by this act in a mayor and a city council to be chosen by the electors. The council comprised four representatives from each ward, one of the four to be chosen annually for the term of four years. The mayor's term of service was fixed at two years. The annual municipal election was required to take place on the second Monday in April. The classification of powers and duties under the act seems to have been governed by no clear or consistent rule. When we come to search the law for some welldefined principle by which the balance and harmony of municipal functions may be determined and arranged, we find none. Consequently the government which the law creates is not a system, but a medley of powers arbitrarily assigned. The