CHAPTER II

Control of Federal Patronage by the Original Colonies-Little Consideration for Ohio in Congress-Growth of Independent Spirit West of the Alleghenies-The Burr Episode-Protests Against the Federal Constitution-Proposed Amendments to the Federal Constitution-Ohio's Attitude in Relation Thereto The Case of Senator John Smith-Changes in Ohio's Seat of Government.

For a time, altogether too long, after the colonies secured their independence, the Federal authorities seemed unable to consider any territory except the original colonies as part of the United States. The members of Congress from those states controlled all legislation and patronage, and gave little thought to the citizens of the West, who not only had no influence with the government, but had to defend themselves against the English on the north, the Spanish on the south and west and the Indians everywhere.

Ohio as a wilderness was an enchanting land; as a civilized state it has acquired new attractions. The mystery of the prehistoric mound builder will ever fascinate the minds of men, and the legends, customs and ways of the red tribes of the forest will never cease to interest the archeologist and the historian. Forming part of the great, hard-working, prosaic nation, this state has had its romances, comedies and tragedies, and it had scarcely entered upon the dignity of statehood when it became intimately connected with one of the greatest political romances of American history. Its location and its distance from the national capital, a great distance in those days when there were neither railroads nor telegraph lines, made it a suitable base of operations for Aaron Burr when he contemplated the organization of an army and probably the establishment of a monarchy in Mexico.

Burr was a valiant soldier in the Revolutionary War. In 1790 he was Attorney-General, in 1791, United States Senator, and in 1800 was elected Vice-President after a contest with Jefferson which

for a time threatened serious results. In that memorable contest when the Presidential Electors met and the votes were canvassed it was found that Jefferson and Burr each had seventy-three votes, Adams sixty-six and Pinckney sixty-four. While affairs were in this condition it was charged that Burr attempted by intrigue to be elected in preference to Jefferson, but it was also alleged that Jefferson purchased votes. Balloting continued for four days and four nights before Jefferson was finally elected. Burr being second on the ballot became Vice-President, as the law then was. In 1804 he was an independent candidate for Governor of New York against Morgan Lewis, but was defeated. Then followed his duel with Alexander Hamilton in which the latter was slain. Burr's political strength had been declining and the death of Hamilton ended his political career.

Burr had been a schoolmate of the unfortunate Robert Emmet and was an ardent admirer of the great Corsican whose armies were then conquering Europe.

Texas at that time was a part of Mexico and the Mexicans controlled the navigation of the Mississippi from the Gulf to St. Louis.

From the time of the American Revolution down to 1812 a spirit of dissatisfaction, discontent and intrigue brooded over all the country west of the Alleghenies. The settlers were situated between the original states, which gave them slight consideration, and the Mexicans who felt no friendship for them. They demanded that the government of the United States should seize Louisiana and drive the Mexicans from the Mississippi. This seemed too great a task for the young country and a feeling of independence began to spread west of the Alleghenies that bred an inclination to separate from the government altogether. This condition of affairs drew the attention of outsiders and for years there was much plotting and intrigue in which the French and Spanish of Louisiana, foreign officers and native Mexicans and even the French, Spanish and English governments took a hand.

Burr being discredited in the East and knowing the feeling that pervaded the West, copying no doubt the ambitious Bonaparte, deIcided to take advantage of the unrest west of the Alleghenies, organize an army, descend upon Mexico and establish an empire of his own. The United States and Spain were on the verge of war and no

doubt it seemed to him that he would have the sympathy if not the countenance of his country in his attack upon the Spanish possession. He made his headquarters upon the Island of Blennerhassett in the Ohio River, off Washington County, Ohio. He sought support in Ohio, Virginia, Tennessee and Indiana, and enrolled recruits in those states. General James Wilkinson was his chief military aide and was the man who ultimately betrayed him. Not only pages but volumes have been written on this romantic episode in the early history of what was then the West. Burr received considerable support from individuals in Ohio, but as soon as his intent became known to the authorities steps were taken to prevent the carrying out of his ambitious scheme. Burr was arrested at Frankfort, Kentucky, and was tried for treason, but no evidence that he had any designs against the United States could be produced and the trial came to nothing. Henry Clay was his counsel at that trial and made the remarkable statement that Burr entertained no design to intermeddle with or disturb the tranquillity of the United States or its territories nor any part of them and that his aims were well understood and approved by the government. Public opinion, however, consigned him to odious oblivion, but time has softened the glaring colors in his story, has even evolved doubts of some of the charges made against him, and the imagination of the novelist has woven romances around the little island in the Ohio and the gigantic project of the greatest political misfit this country has ever known.

But notwithstanding the discontent and unrest pervading Ohio in 1805 the state at heart was one of the most loyal members of the Union, and her public men of that day displayed a steadfastness and patriotism which has never since been excelled. Shortly after her admission as a state the progressives of that day, in the older states, began to propose amendments to the Federal Constitution, and such proposals as took definite shape came before the Fourth General Assembly of Ohio in 1805. Massachusetts had a proposition to amend the Constitution "so that the Representatives may be apportioned among the several states according to the number of their free inhabitants respectively." The Ohio legislature declined to assent to this, and the

cause assigned for its rejection shows not only the conservatism but the patriotism of the men of Ohio in that day.

In order to understand comprehensively the wisdom of that rejection of an amendment which simply called for representation in proportion to population it is necessary to recall how the Federal Constitution came into existence and the difficulty of having it adopted. When the National Convention assembled at Philadelphia in May, 1787, "for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as should, when agreed to by Congress, and confirmed by the states, be adequate to the exigencies of government and the preservation of the Union," it soon appeared that the delegates were divided into three classes. The first of these desired to confine the convention to an amendment of the Articles of Confederation, to establish Democratic governments in the respective states united by the Articles of Confederation, varying little from a treaty of alliance, offensive and defensive. The second party which was headed by Alexander Hamilton advocated a strong, aristocratic national government. The third party took the middle ground between the other two and advocated the formation of a government partly national and partly federal-a government both elective and representative in its character; a government which should represent the people in their numerical strength and the states in their sovereign capacity. The people were to be represented in one branch of the Legislature and the states in the other, while the national executive was created partly by the people and partly by the states. This scheme was called the "Virginia Plan" and was undoubtedly drawn by Madison. A sufficient number of the first and second parties yielded to this middle course to constitute a majority of the convention. Hence our present Constitution exclusive of subsequent amendments was reported by the convention and recommended by that body to be adopted by the several states. The national convention provided in the Constitution that when nine states should ratify it it would then be declared adopted. The new Constitution, however, raised storms of protest all over the country and was not adopted by nine states until July, 1788, when New Hampshire completed the list by voting to adopt it. The ob