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elects the old settler to congress, or the legislature. In the congressional district where we live, and in which there is a majority of one thousand six hundred and upwards, opposed to this administration, yet Jeremiah McLene of the other party, was repeatedly elected to congress, in this same district. General McLene was an old settler, and the warm friend of all the people of the district, of all parties. So of Major William Oliver of Cincinnati, he was recently elected over an opponent where the numerical strength of the political par ties in the county would seem to indicate a very different result. These are the remains of that pure and disinterested friendship, of our Ohio "olden times."

As we have already stated; St. Clair was unpopular, and the people were tired of his arbitrary way of doing business. By the census of 1800, we had forty-two thousand inhabitants and our people seriously applied to congress for admission into the Union, as a state. To this application serious opposition was made, but DEWITT CLINTON, in the United States senate, contended powerfully and effectually for us. In the other house, we had good friends, and our application prevailed there also. This law was enacted on the 30th day of April 1802.

From the landing of Rufus Putnam and associates at Marietta, it was more than fourteen years to the passage of this act of congress. The people eagerly seized the occasion, to elect delegates to a convention to frame a constitution. At Chillicothe, on the first day of November 1802, the convention met, elected Edward Tiffin president, and Thomas Scott secretary. On the 29th day of its session, having finished their labors, the convention adjourned without day.

Our constitution was never submitted to the people, for either their approval or disapproval.

But it was submitted to congress for their approbation, and on the 19th day of February 1803, that body passed an act entitled "An act to provide for the due execution of the laws of the United States, within the state of Ohio." By this act

Ohio was admitted into the Union, and became a sovereign

state.

We go back and make a few remarks on the act of the 30th April 1802.

In the act of congress which enabled the people of that portion of what remained of the North Western Territory, to form a separate state government, after leaving out, what is now the state of Michigan, congress offered certain inducements, to the people to comply with, certain requisitions, after the state was formed, and admitted into the Union, as a component member of the confederacy. Congress offered the people, one thirtysixth part of their whole territory for the use of schools. They offered them also, certain lands, on which they supposed saltwater might be procured; they offered them five per cent. of all the net proceeds of sales of lands, owned by congress; three per cent. of which, was to be laid out, in making roads, in the state, and two per cent. on a road to be made from Cumberland, in Maryland, to the state. These were the principal offers, which congress held out to the people, but, congress required of the people of the territory a constitution, which should be founded on republican principles; which should adopt as part of their constitution, the ordinances of 1786, 1787, so far as was consistent with their being a separate state. The state constitution, was to be in strict accordance with the constitution of the United States. The state was prohibited from levying any tax, on the lands of the United States, lying in Ohio, before they were sold, and for five years afterwards. Lands for a college in the Ohio company's purchase; and a township, in Symmes's purchase, had been given before this time, granted to the purchasers of those lands, wherewith to endow an academy. Such were the offers, and such the requisitions of the act of the 30th April 1802. We state the substance. And the convention when met, accepted these conditions, and complied with them. In twenty nine days, after they assembled, the convention finished their labors, and adjourned, making Chillicothe, the seat of government for the new state, during a certain period. Not wishing to stop our narrative,

we throw the constitution, into the appendix, and proceed with a few remarks, on its history, its provisions, and defects,

REMARKS ON THE CONSTITUTION OF OHIO.

The framers of this constitution, were as well qualified, perhaps, even better qualified, for their task, than any other men, in the then territory. But, they were generally, young men, who had been little engaged in legislation. They did not, and they could not, take a very wide survey of human societies. And, besides, government is not like some machine framed after a model. It is nothing more than a bundle of habits; but not, as a fourth of July orator would make it, a nosegay. It is a rule of action, laid down by the supreme power of a state, commanding some things and forbidding others. Good government, consists, not so much in laying down good rules, as, in constantly practising, on those rules, until good habits are firmly fixed, and invariably adhered to, by the people. In older countries, mere accident, expediency for the moment, or dire necessity, have set up governments, or given them some new direction, which time, experience, and custom have finally sanctioned, and made permanent. A system of government, is not like a building, which may be constructed entirely according to a previous plan. It must be improved by skill and care, and may be grievously injured by neglect, or even destroyed by violence. Governments cannot be infused into communities, by any sudden act of the lawgiver, nor do they always follow the conviction of their propriety. Many causes have more power over the human mind, than any written laws, and it is extremely difficult, nay, impossible, to foresee, what. any new form of government, will produce, until it is reduced to practical experiment. For persons, not actually living under any form of government, to pronounce authoritively concerning its operation, would be like a fly, sitting on the outside of our capitol, at Columbus, and seeing only an inch around him, to applaud or condemn, William Ludlow's bombast, over the outside doors, the taste, with which, the whole structure

is erected, and the councils of state, assembled within doors. These truths are applicable to all men, and for a few survey. ors, lawyers, farmers and school masters, assembled in convention, to forsee all future emergencies; or, that any people should be so reasonable as to forego all their inveterate habits of thinking, acting and feeling, for the purpose of giving any new form of government, a fair experiment, ought not to be expected; or, if we do expect it, that will be found a vain expectation.

Our system was borrowed from various sources and the several parts, show clearly from whence the framers severally emigrated; from New England, Pennsylvania and Virginia.

Time and experience have shown clearly, that there are some provisions, which not being inserted in the instrument, their absence calls loudly for their speedy insertion, by a new convention.

And what is surprising, is the fact that no efforts have yet been made, to obtain, the greatest and principal amendment, imperiously demanded, if we wish for permanency of a republican form of government, in Ohio.

Our general assembly have too much power, and, in times of peace, they assemble quite too frequently, and sit too long. Whole millions have been wasted, in useless legislation. Without more restraints, on the law making power; without an absolute prohibition, against electing their own members to offices; this constitution, cannot last long, because, our republican from of government, can only last, while the people are in love with it. Take from it, the affections of the people, and, like a mist, in a clear morning, it is gone, in an hour. We will not attempt to point out all the evils, which this power, in the general assembly, has produced. A volume, would barely enumerate them. During the term, for which any member is elected, he ought to be ineligible to any other office.

Owing to their ill will towards Governor St. Clair, the members of the convention, made our governor a mere cypher. He can pardon criminals, appoint the adjutant general, sign commissions, and fill temporary vacancies, but he has no voice

in making the laws, no veto power, nor has he the power, to interfere in appointing any of our officers. That the veto power, may be shamefully abused, by an executive officer, the people, know, but, when used only as Washington used it, and as the King of England always uses it, it can do no harm, and may do great good. It ought to have been, often used, in this state. Unconstitutional acts, have been passed, in every period of our short history. Acts have been passed, worded exactly like former ones, without repealing the former ones. Criminal laws have been repealed (a whole criminal code), without any saving clause, as to crimes committed under them, so that the greatest criminals have escaped punishment. Laws have been amended and made worse, merely for the sake of making a good sized volume, and as a mere excuse for members of assembly staying at the seat of government, and drawing their three dollars a day. In all such cases, a power of prorogation, in the governor, or of rejecting such acts, as unconstitutional, as inexpedient, or unnecessary, would have saved to the people, at least, large sums of

money.

Our officers, now appointed by the general assembly, ought to be nominated by the governor, and appointed, by, and with, the advice of the senate; excluding from such appointment, all members of the general assembly, during the term for which they were elected. As salaries are raised, and the love of office waxes warmer, members of assembly will wear a less shameless front, in seeking offices, from themselves. The governor can execute the laws, and he commands the militia, in a time of war. It is his duty, to do any other act which the general assembly direct him to do, but it is hardly to be expected, that the governor will be allowed to appoint any one, to any office of importance, unless that appointment is to be given to some member of the general assembly. A session of four weeks in one year, or of twelve weeks once in three years, in time of peace, for our legislature, would be a vast improvement, in our constitution. And the power of changing gene

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