PART IV.—VOL. I.

From 1820 to 1830.

OFFICIAL DIRECTORY, 1820-1821.

Governor-ETHAN ALLEN BROWN.

Secretary of State-JEREMIAH MCLENE.

Treasurer of State-SAMUEL SULLIVAN.

Auditor of State-RALPH OSBORN.

Supreme Judges-JACOB BURNET, CHARLES R. SHERMAN, JESSUP N. COUCH,

PETER HITCHCOCK.

Adjutant General-WILLIAM DOHERTY.

NINETEENTH LEGISLATIVE SESSION, 1820-1821.

Met December 4, 1820. Adjourned February 3, 1821.

The Legislature convened at 10 A. M., Monday, December 4, and the Senate organized temporarily by electing the following officers: Speaker, Allen Trimble, of Highland county; Clerk, Richard Collins; Sergeant-at-Arms, Horace Wolcott, and on the ninth this organization was made permanent.

The Governor's message, which was received and read on the fifth, was devoted largely to the financial condition of the treasury, which was greatly embarrassed, in consequence of the depreciation of the bank currency, some $16,000 or $18,000 of which was in the treasury, and practically valueless in the discharge of public obligations.

He also dwelt on the subject of banking, and suggested a number of reforms to the consideration of the Legislature.

The question of a canal system was also presented for consideration. Propositions had been made by associations of individuals to construct a canal system, but Gov. Brown was of opinion that both the glory and the profit of the achievement should belong to the State itself.

The matter of taxing the branches of deposit and discount of the United States bank came up during the session, and Senator Wm. Henry Harrison made an exhaustive report, as Chairman of a joint committee, on the proceedings in the United States Court in enjoining the collection of the tax provided by law, and the arrest, for contempt, of the Auditor and Treasurer. The report denied the right of the United States to sue the State, and interfere with the execution of laws which were not prima facie repugnant to the Federal Constitution. It also complained that a sovereign State had been taken into an inferior tribunal, rather than into the Supreme Court of the United States.

In conclusion, the report recommended that the State refuse to protect the bank by recognizing it in any way, or permitting the courts to act in certain cases in its behalf. The recommendations were extremely drastic.

On the seventh, the two Houses met and jointly canvassed and declared the vote for Governor as follows: Ethan Allen Brown, 34,836; Jeremiah Morrow, 9,426; Wm. Henry Harrison, 4,348; Scattering. 240; the total vote being 48,850, and Brown's majority, 20,022. A number of counties were tardy in making returns and the vote was not included in the above.

On the thirteenth of December, the Governor and Secretary of State met with the Senate and opened and declared the result of the election for Congressmen as follows: 1st District. Thomas R. Ross. 2nd. John W. Campbell. 3rd. Levi Barber. 4th. John C. Wright. 5th. Joseph Vance. 6th. John Sloane.

The House organized pro tempore by electing Joseph Richardson, of Columbiana, Speaker; William Doherty, Clerk, and Benj. Pike, Sergeant-at-Arms. Subsequently this organization was made permanent.

There were three contests in the House. Caleb Hitchcock contested the right of David Mitchell to a seat in the House from the counties of Scioto, Lawrence and Jackson. Mitchell was seated.

Wade Loofborrow, of Fayette, contested the right of Benj. Hinton to a seat. Hinton was seated.

A general contest was filed against Timothy Buell, elected from Washington and Morgan, on the ground that he was sheriff of Washington county when elected. He claimed that his term expired prior to the convening of the Legislature, but the seat was declared vacant and a special election ordered. Mr. Buell was again elected and was seated.

The Governor's message, with accompanying documents and reports of State officers were received on the fifth of December, and subsequently referred to the various committees. A committee to whom was referred the subject of the disputed, boundary line between Ohio and the Territory of Michigan made an exhaustive report, setting forth the claims of the State, and memorializing Congress.

On Wednesday, January 17, 1821, the two Houses met in joint session and elected Benjamin Ruggles, of Trumbull, as United States Senator for the full term of six years. Ralph Osborn, of Franklin, was elected to the position of Auditor of State. In neither case is there a record of votes being cast for any other persons for the two offices.

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During the session the following Associate Judges were elected by the two Houses: Thomas Adams, Miami; Timothy Baker, Huron; George Byrn, Meigs; Samuel Culbertson, Madison; Ebenezer Currier, Athens; Jacob Deitrick, Fairfield: Job Dinning, Adams; Jeremiah Everett, Sandusky; Charles B. Fitch, Sandusky; George Fithian, Champaign; Elisha B. Green, Lawrence; Thomas Hufford, Stark; Thomas Johnson, Coshocton; Thomas Kirker, Adams; Henry Laffer, Tuscarawas; William Lewis, Madison; James McPherson, Logan; Isaac Osborn, Richland; John Patton, Wayne Gresham M. Peters, Hocking; William Rayen, Trumbull; John Reynolds, Muskingum; Thomas Rodgers, Gallia; Samuel Williamson, Cuyahoga.

By the act of January 29, 1821, the boundary lines between Champaign, Clark and Madison counties were rectified.

Among the acts passed were: To distribute the U. S three per cent. fund for road purposes; prohibiting the creation or abolition of professorships in medical colleges, unless two-thirds of the faculty concur therein; to more completely establish a system of State roads; to appoint an Auditor for each county to carry out existing laws levying a tax on land, and an act to insure Hiram Mirach Curry, late State Treasurer, and his heirs and assigns against liabilities growing out of the controversy between the State and the United States bank for the levy and collection of certain taxes.

Carrying out the recommendations of a joint committee of the two Houses, the Legislature placed the Bank of the United States outside the pale of Ohio's laws, and enacted:

I. No sheriff or jailer was permitted to receive into his custody any person arrested on mesne process, or taken or charged in execution at the suit of the bank or its officers, or any person committed for or on account of any offence charged to have been committed upon the property, rights, interests or corporate franchises of the bank.

2. It was declared unlawful for any judge or justice of the peace to take legal cognizance of the bank, by entertaining suits against debtors, taking acknowledgments or proof thereof, of deeds, mortgages and conveyances, and the county recorders were forbidden to enter them of record.

3. Notaries public were forbidden to protest any promissory notes due and payable to the bank, or give notice thereof.

4. Any sheriff violating the act was held responsible on his bond for $200 for each offence, to be recovered in an action at law by the party aggrieved. Any judge or justice of the peace violating the law was deemed guilty of a misdemeanor in office and liable to a fine not exceeding $500 at the discretion of the Court for each offence. Notaries violating the law were removable from office.

5. If the bank should withdraw its suits against the State of Ohio and its officers and notify the Governor and agree to pay a tax of four per cent. upon its dividends, or would agree to withdraw from doing business in the State, leaving only its agents to wind up its affairs, the Governor, by proclamation, was authorized to suspend the operations of the law.

The tax levy on land, under three classifications, according to value was fixed at one dollar per one hundred acres, on first class, seventy-five cents per one hundred acres on second class, and fifty cents per hundred acres on third class, smaller and larger tracts in the same proportion.

An act incorporated the Commercial Hospital and Lunatic Asylum of Cincinnati, being the first of that splendid system of beneficences.

An act was also passed to provide for the more speedy collection of debts where banks and bankers were parties.

OFFICIAL DIRECTORY, 1821-1822.

Governor-ETHAN ALLEN BROWN.

Acting Governor-ALLEN TRIMBLE.
Secretary of State-JEREMIAH MCLENE.

Treasurer of State-SAMUEL SULLIVAN.

Auditor of State-RALPH OSBORN.

Supreme Judges-JACOB BURNET, CHARLES R. SHERMAN, JOHN MCLEAN, CALVIN PEASE.

The following pro tempore organization of the Senate was made on the first day of the session: Speaker, Allen Trimble, of Highland; Clerk, William Doherty; Sergeant-at-Arms, Thomas Mason. On the eighth of December, permanent officers were elected, Trimble being chosen Speaker, and Doherty Clerk, with Horace Wolcott Sergeant-at-Arms.

The Governor's message, with voluminous accompanying documents and reports from the State officers, were submitted. Auditor of State Osborn reported that a decree had been entered in the United States Court, awarding the Bank of the United States the $100,000 of taxes collected, with some $12,000 interests and costs, and had issued compulsory process.

Gov. Brown referred to this matter, and said that the State had no choice but submission to the indignity, or resistance, against which he advised the Legislature. The previous Legislature had sent copies of its protest against the action of the Court to all the other Legislatures, but from Connecticut alone was there a sympathetic response to the sentiments it contained.

The State's financial condition was discussed and plans of betterment invited as well as suggested. The growing interest in a system of canals was presented and discussed, and recommendation made that a thorough and comprehensive system of common school education be devised.

A memorial from the mayor, Samuel N. Smallwood and the aldermen, and common council, of Washington, D. C., asking the Legislature of Ohio to pass a measure seeking to revive the lottery scheme, formerly in vogue by permission of the President and Congress to raise funds to complete the Washington monument. The memorial was referred to a joint committee of the two Houses, who declined to recommend a revival of the scheme.

The Legislature adopted a joint resolution to submit the question of calling a Constitutional Convention to a vote of the people, and issued a lengthy address appealing to them to vote in favor of such a Convention, urging the imperative necessity of revising the organic law.