row, Republican, was elected, He had been selected by the Republican members of the Legislature as that party's candidate, he being at the time a Senator from Hamilton county. He was one of the most sterling of the statesmen of that period; no man of his time was more in the confidence of his fellow-citizens or possessed higher ideals of public duty. His career is an important part of the early history of the State, and whether we consider him as the first Representative in Congress or United States Senator or Governor we must rank him as a man of great ability, integrity and simplicity of life. His whole life was loyal and safe in the line of every public duty. Henry Clay in his speech in the Senate on the Public Lands, June 20, 1824, said of him: "No man in the sphere within which he acted, ever commanded or deserved the explicit confidence of Congress more than Jeremiah Morrow." From 1803 to 1813 when Ohio was entitled to but a single Congressman, Mr. Morrow filled that position.

On March 3, Governor Tiffin appeared before the joint session and took the oath of office. His inaugural address was very brief-occupying not twenty lines in the printed journal- but on the next day he sent his first annual message to the General Assembly. It is a thoughtful and patriotic document dwelling upon the wants, duties and aspirations of the new State and contains numerous recommendations as to legislation. He recommends an enumeration of the white male inhabitants above twenty-one years, urges a revision of the militia laws, a remedy for defective taxation and modification of the marriage

license act. The Legislature in due time acted upon all these subjects from the viewpoint of the Governor.

As in all his official and private writings there is a dominant note of good morals, so there is in this. Closing he says: "Religion, morality and knowledge, are necessary to all good governments,' says the excellent constitution under which you are convened and to this great truth we must all subscribe. The liberal grants of land made by the United States, for the purpose of erecting and endowing universities and other seminaries of learning, and for the support of religion, are advantages in these respects, superior to those which perhaps any other new country can boast of; to improve those means with advantage, towards the noble ends for which they were given, to preserve the public faith unimpeached, to practice economy in all public expenditures, to impose no taxes upon our citizens, either for State or county purposes, but what are really necessary for their honest wants, to cultivate peace and harmony with our Indian neighbors, and to exemplify both in our public acts and private life, every disposition towards discountenancing idleness and dissipation, and by encouraging industry, frugality, temperance and every moral virtue, are objects of such importance to our rising republic, that they cannot fail if attended to, of producing the best effects in forming for us a national character, which may be the admiration of all. On my part, gentlemen, you may rest assured it shall be no less my honest pride than it is made my constitutional duty, cordially to co-operate with you in every measure your united wisdom and experience may devise for the public good."

The work of the General Assembly was confined to the necessary legislation growing out of the initiative period of the State. Its principal acts related to revenues, reform of the marriage laws, opening and construction of highways, salaries, elections, census, militia and the erection of new counties. Eight new counties were erected at this session-Butler, Columbiana, Franklin, Gallia, Greene, Montgomery, Scioto and Warren. The general character of the laws of this session is to be considered preparatory and temporary. The Territorial laws were to remain in force, provided that they were not inconsistent with the Constitution, until they were repealed by the Legislature. On April 16, 1803, the first session of the General Assembly terminated.

The machinery of the State was now in full operation and its autonomy completely established. Its relation to the Federal government at this time has been the subject of much comment and literature among historical writers. The question, "When was Ohio admitted to the Union?" has been a fruitful query for academic discussion for a century. Whether the inquiry is of value historically or whether Ohio ever was admitted to the Union by formal action of the United States, is doubtful. But the subject is of sufficient value and of such curious uncertainty as to make it worthy of examination.

There have been five different dates contended for by various authorities as the beginning of Ohio's membership in the Union. The first date, April 30, 1802, is adopted by the editor of the "United States' Statutes at Large," Volume I, page 11, in a note to

which he gives the dates of the admission of all the new States up to 1845. He says "Ohio was established as a State of the Union by act of April 30, 1802." Hickey in his work on "The Constitution" gives November 29, 1802; N. C. Towle and others also fix this date. Caleb Atwater in his quaint "History of Ohio" says that February 19, 1803, is the correct date; E. D. Mansfield in his "Political Manual," G. W. Pascal in his "Annotated Constitution" and I. W. Andrews, late President of Marietta College, all contend for this. March 1, 1803, is given by Hildreth in his "History of the United States" as the date of admission; this is adopted by Rufus King in his "Ohio," by Samuel Adams Drake in his "History of the Ohio Valley States," and has been officially recognized as the date of statehood. Salmon P. Chase in his "Preliminary Sketch of Ohio" in his "Statutes," gives March 3, 1803, as the date of admission; Walker in his valuable and scholarly "History of Athens County,' says the same. A consideration of each of these dates will show at which one of them Ohio became a full fledged State and a member of the United States.

In this inquiry it is well to bear in mind that there was no formal act of admission by Congress. The first date mentioned, April 30, 1802, is that of the passage of the act enabling the people of the Territory to form a Constitution and state government, and nothing more. It clearly did not create a State. Congress cannot do that, as such power rests solely in the people. In the case of no other State has the date of the enabling act been considered as the date of admission to the Union. That date then can

safely be rejected, as Ohio was not in existence at that time. The second date, November 29, 1802, was the day when the Constitution was signed and the Convention adjourned. Still Ohio was not in existence, no election for State offices was held and Charles Willing Byrd was signing official documents as Acting Governor of the Northwest Territory. On the third date, February 19, 1803, Congress passed an act "to provide for the due execution of the laws of the United States within the State of Ohio." Now while Congress referred to the "State of Ohio," the Federal authority was not distributed over the State nor the judicial officers appointed until March 1, 1803. Therefore this act did not make Ohio a State on February 19, nor was it recognized as such until March 1. This position is fortified by the subsequent action of Congress. When on a question as to payment of salaries to the Territorial officers it directed by an act passed February 21, 1806 that those salaries be allowed and paid until March 1, 1803, and no further; recognizing thereby the termination of the Territorial government on that date.

The fourth date, March 1, 1803, has every argument as well as official sanction, as the day on which Ohio became a State and member of the Union. The new Constitution expressly provided in the third section of the schedule that "the Governor, Secretary and Judges, and all other officers under the territorial government shall continue in the exercise of the duties of their respective departments, until said officers are superseded under the authority of this Constitution." The earliest date that this could occur was the as