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CHAPTER III

Resignation of Governor Tiffin-Succeeded by Thomas Kirker-Election of Jonathan Meigs His Ineligibility-Election of Samuel Huntington-Impeachment of Judges of Supreme Court-Ohio in the War of 1812-The Site of the City of Columbus-Decline of Federalism-Othniel Looker.

On March 3, 1807, Edward Tiffin resigned as Governor to become United States Senator, and Thomas Kirker, the Speaker of the Senate, became Acting-Governor. In October of that year Return Jonathan Meigs, Jr., Federalist, was elected Governor over Nathaniel Massie, Republican, by a vote of 5,550 against 4,757. Return Jonathan Meigs was at that time serving as United States Judge for the Territory of Michigan. His seat was contested on the ground of non-residence and he was declared to be ineligible to act as Governor. Nathaniel Massie refused to serve, and in this way Governor Kirker continued as Acting-Governor until December, 1808, when Samuel Huntington was elected.

Thomas Kirker was born in County Tyrone, Ireland, in 1760. At the age of nineteen he emigrated to America and settled at Lancaster, Pennsylvania. In 1792 he moved to Manchester, Adams County, Ohio, and was one of the pioneer settlers of that county. He was elected to the Senate in the first General Assembly of the state and served from 1803 to 1815, during twenty months of which time he was Acting-Governor. In 1816 he was elected Representative from Adams County and was made Speaker. From 1821 to 1825 he again served as Senator. He died February 19, 1837.

Samuel Huntington was elected Governor in 1808 in a contest in which there were three candidates, all of whom were Republicans, and the vote stood, Samuel Huntington 7,293, Thomas Worthington 5,601, Thomas Kirker, 3,397.

Samuel Huntington came of Puritan stock and was born at Norwich, Connecticut, in 1765. He came of an illustrious family, his

father having been one of the signers of the Declaration of Independence. He was educated at Yale and was graduated in 1785. He was reputed to be an accomplished scholar. After leaving Yale he took up the study of law, was admitted to the bar in 1793 and began the practice of his profession in his native town. The spirit of the West called him to Ohio and he settled in Cleveland in 1801. In 1802 he became a member of the Constitutional Convention. He then became State Senator from Trumbull County and was made Speaker of the Senate. He was then elected to the Supreme Court of Ohio, and while occupying that position was elected Governor in 1808. Shortly before his election as Governor a conflict arose between the Judiciary and the Legislature, as a result of which Judge Huntington was impeached by the Legislature, but the impeachment proceeding was dropped when Huntington was elected Governor. After serving one term he retired to his home on Grand River, but in 1812 he again became a member of the Ohio Legislature, being elected Representative.

The impeachment referred to came about in this way: In 1805 the Legislature gave Justices of the Peace jurisdiction without a jury to the amount of $50.00. As the Constitution of the United States guaranteed trial by jury in suits involving over $20.00, the Supreme Court held the legislative act to be void and unconstitutional, because the Constitution of Ohio said that "the right of trial by jury should be inviolate." The Court's decision was construed as an insult by the Legislature and resolutions of impeachment were offered in the Sixth General Assembly against Judges Huntington and Tod of the Supreme Court and Judge Pease, Presiding Judge of the Third Circuit. While the articles of impeachment were pending Judge Huntington was elected Governor and resigned from the bench, but the charges preferred against Judges Pease and Tod were pressed. They answered the charges of impeachment against them by the wording of the constitutions of the United States and the State of Ohio with the result that both judges were acquitted. The impeachment of judges for deciding against the validity of the law had no precedent in our history. It was an attack on one of the prime functions of the Supreme Court, and the Sixth General Assembly might have found itself more

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