for future exigencies by the establishment of funds, which may be resorted to in times of difficulty and necessity, and for the education and morals of the present and rising generations;' to consider what can be done to improve the judiciary system and to increase the salaries of the Supreme and Circuit Judges.

He makes a long argument for the better use of the socalled "Three percent Fund" (so called from the three percent of the sales of public lands set aside by the government for road-building in Ohio) in the improvement of roads and for better systems and larger tax for highways. He urges a better system for the militia, and especially the purchase of arms and equipment, referring to his message of December 20, 1814. He calls to mind the system of caring for the few paupers among them, reprobates the harsh laws of deportation, and the custom of auctioneering of the care of the poor, and recommends that each county establish "Poor Farms."

The Senate appointed committees to take into consideration the portions of the message on Roads and Highways; on Education and Morals, and on the Poor. The House appointed on Militia, and a joint committee took up the matter of the Judiciary.❜

The Committee on Education and Morals reported that the state was then too poor to legislate on the subject of education, and that the laws then in force were "sufficient to afford all aid to morality, that can be reasonably expected of penal laws.”

The Poor Laws were revised and an act passed covering the management by overseers, and another allowing county commissioners to erect and establish county poor houses "whenever in their opinion such a measure will be proper and advantageous. The judicial system was reorganized, a fourth Supreme Judge and two additional circuits provided. The Road laws were revised and unified, but the Governor's suggestions as to the Three Per Cent Fund were ignored. All that could be secured in the matter of the Militia was a resolution

1 Journal of Senate, pp. 316, 327, 345, 369, 383, 401, 439.

2 Do., p. 10 et seq.

Do., pp. 84-5.

Laws of 1816, pp. 147, 147.

instructing the Delegation in Congress to favor a uniform militia law."

On the 20th of December, a long message was sent favoring the Bank Taxing policy and enclosing a report of Ralph Osborn, State Auditor, on the subject, and also suggesting some changes in the matter of the sale of a non-resident's land for delinquent taxes. The Governor suggested that a portion of the land should be forfeited and after two years' allowance for redemption, sold at public sale instead of the sale of the whole tract. The legislature did not change the tax law, but did debate over the Bank Tax question during the whole session, finally passing a law on the matter."

At this session the Legislature voted to move the books, papers and money of the State to Columbus, the new buildings being ready.'

On December 2, 1816, the Fifteenth General Assembly met in Columbus. The Governor's message, read the next day, congratulated the members on the general peace throughout the world, with the exception of South America, and asserted that those peoples struggling for their liberty were entitled to the best wishes of the people of Ohio. He further said, "Among the objects which claim your particular attention are the Public Schools and the means of improving the minds of the rising generation; the navigable rivers and the public roads of the State." He calls attention to the way in which the navigable rivers are obstructed by dams, and recommends a tax on the lands of the counties through which the rivers run sufficient to render navigation in them more safe and certain. He argues for an increased tax and labor on the roads and a better use of the Three Percent Fund, suggesting the incorporation of turnpike companies, and the subscription to the stock of these by the State to the amount of that fund. (For the year 1817 it was $60,000.)

He refers to the advantages of the site of the new Capital and requests the patience of the members with the present inconveniences.1

On December 6, 1817, in joint session, the Speaker of the Senate opened and published the returns of votes for Governor.' It appeared that Thomas Worthington had 22,931, James Dunlap 6,295, and Ethen Allen Brown 1,607. He carried all but ten of the forty-three counties. The inaugural took place on the 9th, and Governor Worthington addressed the Legislature, congratulating them on the general comfort and happiness in the state, and the freedom from political asperity. He directs their attention to the Penitentiary Report and to some defects in the criminal law in the matter, especially of the penitentiary sentences for minor offences. He argues for humane treatment of the prisoner and for efforts toward his reform, and recommends that the prisoner receive at the expiration of his sentence the net proceeds of his labor, as such a course would encourage industry and reformation; providing, however, that this privilege should be forfeited on a second conviction.

He also called their attention to the new capitol and grounds. Some revision was made in the criminal law. The matter of the Penitentiary was referred to a committee, and after a recommendation of removal to Zanesville' was finally located where it now stands, ten acres being given by the proprietors of Columbus for that purpose. The next session the matter was again before the Legislature and the Governor submitted plans procured at his own expense from Philadelphia for the structure.2

On the last day of the session the senate voted down a resolution to authorize the Governor to improve the public lot (Capitol Square) and report the expense to the next Assembly.

On December II, a short message was sent in enclosing a letter from DeWitt Clinton, President of the Canal Commissioners of New York, soliciting the attention of the Ohio Legislature to

1 Senate Journal 1817, pp. 8-12.

2 Do., p. 46.

3 Laws of Ohio, Session of 1817, p. 179.

1 Senate Journal, 1817, p. 160 et seq.

2 Do., 1818, p. 60.

Do., 1817, p. 324.

the plans of New York for a canal from Lake Erie to the Hudson, and asking, that, as Ohio would participate in the benefits, she share in the expense. The Governor said:

"I recommend to your consideration the propriety of using such means as you deem proper to ascertain the practicability and expense of the proposed canal. Should the information obtained on these points be satisfactory, it will become the duty of the people of Ohio to give all the aid in their power towards effecting an object in which they are so deeply interested."

A committee, consisting of Messrs. Lucas, Ruggles and Wheeler, was appointed to act with a committee from the House and on January 27, 1817, a joint resolution was passed:

"Resolved, That this State will aid as far as its resources will justify in making the contemplated canal * * * in such manner as may be deemed most advisable, when the plan or system which may be adopted by the State of New York may be known; and that his Excellency the Governor be requested to open correspondence in order to ascertain the practicability and probable expense * * cate the same to the General Assembly at their next session.""

and communi

This session was chiefly devoted to bills for erecting new counties; incorporating banks, turnpikes companies, and towns, and leasing school lands.

The Fifteenth Assembly met December 1, 1817. The next day the Governor in his message said:

*

(P. 11.) "First, as I consider it most important, I recommend to your particular attention the education of the rising generation. * * We have received from the United States means to a very considerable extent, which if rightly used would go a great way towards the general diffusion of knowledge. To bring these means, with others, into action, to devise, organize and put in practice a system of education would be the most pleasing duty you could perform. The propriety of the measures proposed and the means of effecting it are the subjects which should be examined. * * * That we possess the means, if earnestly disposed of to effect the object, I have no doubt. It is true it must be a work of time, hence the necessity of commencing it. The great difficulty of procuring teachers whose moral character and other qualifications fit them to enlighten the minds and shape the morals of the rising generation, even when suitable compensation can be made, is Senate Journal, 1817, p. 67.

Do., p. 212.