The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1888-02-23

When DID Ohio Become Z State e-His.
tory Of Its Formation and Admis-
sion Into the American Union.

The question, one Of Law, psrhaps,
more than Of fact, remains somewhat un-
decided. Several dates are given and rea-
ons adducsd therefor. Cerain steps
are necessary 10 create any state; the
people petition Congress; they adopt
Constitution, ful6lling certain require
ments, after which, when Congress
accepts, an act 10 passed admitting the
territory % q state into the Union. Not
till this last act 10 done can state exc
ist. The people may petition Congress,
may adopt . Constitution, may elect
state officers and representative to
Congress, all OF which has been d ne;
but not till Congress ratifies their pro-
ceedings are they valid, and passes an
act defining the territory and admitting
II TO the Union, does the state exist.
tory, the history Of It's creation and I'D.
mission IL somewhat different from that
Of its Western neighbors.
The ordinance Of 1887, among it, con-
ditions provided first, that the North
west territory should be divided into not
less than three nor more than five states.
The eastern and western boundaries OF
three Of these states were defined and
provision made for the creation Of two
others-now Michigan and Wisconsin,
whenever Congress should elect. The
eastern division, /" 40 it was called, en-
braced all Of what 10, now Ohio and part
Of Michigan. This division 10 the only
one which never existed as territory
Of itself. The ordinance further pro-
vided that whenever any Of these divis-
ions contained 1000 inhabitants, such
territory "should be admitted, by. its
delegates, into tho Congress Of the
United States on an equal footing with
have liberty to form q permanent Con.
stitution and state government"
By 1901 the eastern division of the
Northwest territory contained the re-
quired number Of inhabitants, and Pc
titioned the Congress OF 1902 for admis-
sion as a state. April 13, 1902, that
body passed an act providing for q con-
stitutional convention Of elective dele
gates in this territory. The election
was held October 9. The convention
met in Chillicothe, the capital OF the
Northwest territory, November 1, and
on the goth they signed Constitution,
which, without submitting to the peo-
pie, they at once forwarded to Congress.
Travel was slow in those days, and the
messenger did not reach the seat OF gov.
ernment for several weeks. The Con-
stitution was made Immediately opera
tive by the delegates, and from this fact
many conclude November 20, 1902, to
be the day of the creation OF the state.
They overlook the fact that to Congress
and had that body declined to ratify the
acts Of this convention that day could
have no claim. Without the sanction OF
Congress the work Of this convention
would have been of no avail.
February 10, 1908, the question Of ad-
mitting the eastern division of the
Northwest territory into the Union as
state, under the name of Ohio-the
name designated by the convention
came before Congress. That day an
act was passed recognizing and ac-
cepting the work OF the convention and
providing for the "due execution OF the
laws of the United States within the
State of Ohio" This is the first official
recognition by Congress of the State Of
Ohio, and is considered by good his
torians and by the State department at
Washington as the date when Ohio be-
came state.
The Constitution Of 1902 provided for
an election Of state officers on the second
Tuesday of January, 1903, who, with the
at the same time, should assume their
duties March !. 1903. The Legislature
met that day, and on the Sd Governor
Tifin, the first state Governor, was in
augurated. That day the territorial
officers gave place to the state officers,
and hence many conclude this to be the
date when Ohio became q state. His
tory establishes the fact that such pro-
ceedinge could not create state. When
Hon. George X. Nash was attorney gen.
eral the question came in some form be-
fore him, though not officially. His
opinion is worthy OF careful considera-
ton. We have not his answer before us,
but recall the fact that he stated that
there are three steps necessary to Gre
ate or admit state into our Union.
These are, briefly: First, an act to ena-
BILE the people Of certain territory to
form Constitution and state govern
ment; second, the formation Of such an
instrument, and third, its ratification by
Congress-. Until this last is done the
state can exist until it is passed. The
others are the initiatory steps, the last
the perfecting act.
As an evidence Of these statements, I
would cite Dakota, which has been
knocking at the doors OF Congress for
admission 40 state, and which requires
only such recognition to become state.
In Minnesota q similar condition OF af-
fairs existed. They even elected state
ticket several months before their terri
tory was made q state. The 6rst sena-
tor from Kansas waited several months
In Warrington until his state was adj
mitted before he could take his seat.
When . state 10 admitted the Presi-
dent usually issues his proclamation to
reason, Mr.. Jefferson did not do so; at
least no record Of 1t has come down to
~. Perhaps he did not deem II neces-
sary. The history Of it, formation d.
rect, without the Intervention Of terri
toTial period, - the Territory Of Ohio,
IL somewhat different from others, and
this Mr.. Jefferson may have considered
auf{3cient publicatfon.