5th Ohio General Assembly

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5th Ohio General Assembly
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Ohio First Statehouse, Chillicothe, Ohio 1800.jpg
Ohio's first statehouse at Chillicothe (1800)
Overview
Meeting place Chillicothe, Ohio, USA
TermDecember 1, 1806 (1806-12-01) – December 6, 1807 (1807-12-06)
Ohio Senate
Members15
Speaker of the Senate Thomas Kirker (D-R)
Party control Democratic-Republican Party
House of Representatives
Members30
House Speaker Abraham Shepherd (D-R)
Party control Democratic-Republican Party
Sessions
1stDecember 1, 1806 – February 4, 1807

The Fifth Ohio General Assembly was the fifth meeting of the Ohio state legislature, composed of the Ohio State Senate and the Ohio House of Representatives. It convened in Chillicothe, Ohio, on December 1, 1806, and adjourned February 4, 1807. [1] This General Assembly coincided with the second year of Edward Tiffin's final term as Ohio Governor.

Contents

Background

Under Ohio's first constitution, State Senators were elected to two year terms. [2] Members of the House were elected for each term. Article I, section 2 and 6 of Ohio's first constitution called for an enumeration of white male inhabitants of 21 years age every four years, with the number of representatives and senators for each county apportioned by the legislature based on this census. [3] Article I, section 3 called for elections the second Tuesday in October. [3]

Thomas Kirker of Adams County was elected Speaker of the Senate. The Senate Clerk was Thomas Scott and the Senate Doorkeeper was Edward Sherlock. [4]

Abraham Shepherd, also of Adams County, was elected Speaker of the House. [5] The House Clerk was William R. Dickinson and the House Doorkeeper was Adam Betz.

State Senate

Districts

For this session, the legislature apportioned two senators for Warren, Butler, Montgomery, Greene and Champaign Counties, Washington, Gallia, Muskingum and Athens Counties, Jefferson and Columbiana Counties, Ross, Franklin, and Highland Counties, and Hamilton County, and one senator each for Trumbull and Geauga Counties, Adams and Scioto Counties, Clermont, Fairfield, and Belmont Counties. [5]

Members

DistrictSenator [5] [6] Partynotes
Adams
Scioto 		Thomas Kirker Democratic-Republican elected Speaker of the Senate
Belmont Joseph Sharp
Clermont James Sargent Democratic-Republican
Fairfield Elnathan Scofield
Hamilton William McFarland
Stephen Wood
Jefferson
Columbiana 		Benjamin Hough Democratic-Republican
John Taggart
Ross
Franklin
Highland 		Abraham Claypool
Duncan McArthur Federalist
Trumbull
Geauga 		Calvin Cone
Warren
Butler
Montgomery
Greene
Champaign 		Jacob Smith
Richard S. Thomas
Washington
Gallia
Muskingum
Athens 		Hallam Hempstead
Leonard Jewett

Ohio House of Representatives

Districts

For this session, the legislature apportioned four representatives for Ross, Franklin and Highland Counties, three representatives each for Adams and Scioto Counties, Jefferson County and Hamilton County, two representatives each for Belmont, Columbiana, Fairfield and Warren Counties, Trumbull and Geauga Counties, and Washington, Gallia, Muskingum and Athens Counties, and one representative each for Butler, Clermont, Greene and Montgomery Counties. [7]

Members

DistrictRepresentatives [7] [8] Partynotes
Adams
Scioto 		Philip Lewis
James Scott
Abraham Shepherd Democratic-Republican elected Speaker of the House
Belmont Josiah Dillon
John Stewart
Butler James Shields Democratic-Republican
Clermont David Bryannever seated (see below )
Thomas Morris Democratic-Republican Party
Columbiana Solomon Line
John McConnell
Fairfield Philemon Beecher Federalist
William W. Irvin Democratic-Republican
Greene Joseph Tatman
Hamilton John Jones
Hezekiah Price
Ethan Stone Federalist
Jefferson Samuel Boyd
Thomas Elliott
John McLaughlin
Montgomery Philip Gunckel
Ross
Franklin
Highland 		James Dunlap Democratic-Republican
Nathaniel Massie Democratic-Republican
David Shelby
Abraham J. Williams Democratic Republican
Trumbull
Geauga 		John P. Bissell
James Kingsbury
Warren Peter Burr
Matthias Corwin Democratic-Republican
Washington
Gallia
Muskingum
Athens 		Levi Barber Democratic-Republican
Lewis Cass Democratic-Republican
William H. Puthuff

Major events

Governor Tiffin's annual address was given before a joint session of the legislature on December 1, 1806. On December 2, a confidential correspondence from the Governor was received by both chambers and closed sessions were held by both chambers regarding said correspondence through December 5. On December 6, a concurrent resolution was adopted to call for the resignation of United States Senator John Smith for his role in the alleged plot of former Vice President Aaron Burr to establish an independent country in the Southwestern United States. [5] Burr and Smith were both charged with treason in 1807. Untimately, Burr was acquitted of all charges related to the scandal, [9] which led to Smith's charges being dropped on a technicality before he went to trial. An expulsion vote for Smith held in the United States Senate in 1808 failed by just one vote. Even so, Smith ultimately resigned on April 25, the last day of the legislative session. [10]

Rep. Morris of Clermont County contested the election of Rep. Bryan, also from Clermont, citing "election irregularities." With only one seat apportioned by the legislature for the county, on December 5, the House voted to seat Rep. Morris by a vote of 15–14. Rep. Bryan was dismissed from the legislature. [11]

On January 1, 1807, a joint session of the legislature met to elect a Senator to the United States Senate, and chief and associate justices to the Ohio Supreme Court. Among those elected were Governor Tiffin to the office of United States Senator for the State of Ohio, and Rep. Burr to the state Supreme Court. [12]

On January 31, a joint session of the legislature met to elect municipal and district-wide officers were, including Senator Hempstead to the Washington County Court of Common Pleas, and Rep. Williams to the office of tax collector for the second district. [12]

On January 8, articles of impeachments were brought forth against Judge Robert F. Slaughter of Fairfield County, who served as the President Judge of Ohio's Second Circuit of Courts of Common Pleas. The impeachment was sponsored by Reps. Beecher, Cass, Irvin - who was impeached by the state legislature from his judgeship a year prior - Scott and Stone. The charge was "misdemeanor" for his lack of attendance at the various courts within his circuit, a key part of his duties as President of the circuit. A trial commenced in the Senate January 9–28. Slaughter was impeached and removed from the bench by a vote of 11 (Claypool, Cone, Hempstead, Hough, Jewett, McArthur, McFarland, Sargent, Smith, Wood, and Speaker Kirker) -1 (Scofield) [5]

Major legislation

Several laws were enacted during this session authorizing lotteries for limited purposes such as paying for the improvement of rivers. [12]

On December 6, 1806, a House Joint Resolution was adopted by the Ohio Senate to express confidence in "the patriotism and fidelity of the National Administration." This resolution was also in response to the Burr controversy and the fallout it caused for the Jefferson Administration. [5]

Also on December 6, the House passed a Senate Joint Resolution declaring its support for the United States outlowing the practice of importing slaves from the West Indies and Africa. [5] Congress went on to ban this practice in 1807, which went into effect on January 1, 1808.

On January 16, land from Montgomery County was detached to form Miami County. The county seat was established at Troy. [12]

On January 30, an act altering the boundary of Athens and Gallia Counties was enacted as such: "Beginning at the northwest corner of section three, range twelve; thence south on the sectional line of number twenty-four, to the southwest corner of said section; thence east between the fifth and sixth tier of sections to the Ohio river." [12]

Additional land was attached to Jefferson County by an act of the legislature on January 31. [12]

On February 10, land from Trumbull County was detached to form Portage County. The county seat was established at Ravenna. [12]

An act introduced in the previous General Assembly to encourage the killing of wolves and panthers was enacted in early 1807. The law required county authorities to offer rewards for the scalps of wolves and panthers taken within its boundaries; between $0.50 and $3.00 for animals six months old or less, and between $1.00 and $4.00 for animals more than six months old. Historians of Ohio's early history state that during this time "perhaps no law was more zealously enforced" than this. [13]

Other acts passed this sessions regulated weights and measures, promoted the construction of public highways, ferries and bridges, improved the election laws, amended the militia laws, and levied state taxes and set forth for the collection thereof. [13]

See also

Notes

  1. ↑ Taylor & Taylor, p. 45.
  2. ↑ Taylor & Taylor, p. 39.
  3. 1 2 Taylor & Taylor, p. 23.
  4. ↑ Taylor & Taylor, p. 48.
  5. 1 2 3 4 5 6 7 Taylor & Taylor, p. 49.
  6. ↑ Gilkey, p. 150.
  7. 1 2 Taylor & Taylor, p. 49-50.
  8. ↑ Gilkey, p. 186-187.
  9. ↑ "The Burr Conspiracy | American Experience | PBS". www.pbs.org.
  10. ↑ "1801: John Smith Resigns Under Fire -- April 25, 1808". www.senate.gov. Retrieved 2015-11-13.
  11. ↑ Thomas & Thomas, p. 50.
  12. 1 2 3 4 5 6 7 Taylor & Taylor, p. 50.
  13. 1 2 Taylor & Taylor, p. 51.

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