1 Removed by President Jefferson. The governor's term of office was three years, and when a vacancy occurred the secretary served as governor until a new governor was appointed.

JUDGES1

(Gilkey, The Ohio Hundred Year Book, 465, 466; Smith, The St. Clair Papers, I., 135, 145 note; Granger, The Judiciary of Ohio, 18031903, 30.)

1 The Ordinance of 1787 provided for three judges, who were to serve during good behavior. John Armstrong was appointed at the same time as Parsons and Varnum, but declined, and Symmes was appointed. Vacancies occurred soon on account of the deaths of Varnum and Parsons, and were filled by the appointment of Turner and Putnam respectively. Judge Putnam resigned in 1796 to accept the office of Surveyor-General, and was succeeded by Gilman. Judge Turner also resigned in 1796, when he removed from the Territory, and was succeeded by Meigs. Thus the three judges serving when Ohio became a State were Symmes, Gilman and Meigs. The judges were appointed by Congress prior to the adoption of the Constitution of the United States in 1789, but after that they were nominated by the President and confirmed by the Senate.

SECRETARIES

(Smith, The St. Clair Papers, I., 135, 207, 214, 222; McClintock, "Ohio's Birth Struggle" in Ohio Archeological and Historical Society Publi cations, XI., 56.)

1 The office was vacant from October 3, 1799, until December 30 of the same year, the latter being the date of Byrd's appointment. The Secretary's term of office was four years.

ATTORNEY GENERAL

(Atwater, History of Ohio, 162; Smith, The St. Clair Papers, I, 196.)

87. GOVERNORS OF OHIO, WITH THE DATES OF THEIR

ACCESSION

The present Democratic party claims descent from the earlier Republican-Democratic Party. The change of name appears to have taken place between 1805 and 1820.

1 Elected and sworn March 3, 1803; resigned March 3, 1807, to become

United States Senator.

87. GOVERNORS OF OHIO, WITH THE DATES OF THEIR ACCESSION-Continued

2 Governor Meigs was appointed Postmaster General February 25, 1814,

and resigned.

'Resigned January 4, 1822, to become United States Senator. Resigned April 15, 1843, to become Minister to Mexico.

'Resigned July 30, 1853, to become Consul at Valparaiso.

•Died, August 25, 1865.

"Resigned February 28, 1877, to become President.

16

APPENDIX B

88. ORDINANCE OF 1787

(Enacted by the Congress of the Confederation, July 13, 1787. Journals of Congress, XII, 58.)

An Ordinance for the government of the territory of the United States northwest of the river Ohio.

Section 1. Be it ordained by the United States in Congress assembled, That the said territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

Sec. 2. Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased child in equal parts, the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and

such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers, shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.

Sec. 3. Be it ordained by the authority aforesaid, That there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office.

Sec. 4. There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings every six months to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law jurisdiction, and reside in the district, and have each therein a freehold estate, in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior.

Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit.

Sec. 6. The governor, for the time being, shall be commanderin-chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

Sec. 7. Previous to the organization of the general assembly