Centennial History of Columbus and Franklin County. William Alexander Taylor
agreeable to Indian etiquette could not be offered.
A Day of Disappointment.
"The next day appeared to be one of unusual anxiety and despondency among the Indians. They could be seen in groups everywhere near the council house in deep consultation. They had acted foolishly—were sorry— but the difficulty was, who would present the olive branch. The council convened very late and was very full; silence prevailed for a long time; at last the aged chieftain of the Shawnees, the Black Hoof, rose—a man of great influence and a celebrated warrior. He told the assembly that they had acted like children and not men yesterday; that he and his people were sorry for the words that had been spoken and which had done so much harm; that he came into the council by the unanimous desire of his people to recall those foolish words and did there take them back—handing round strings of wampum, which passed around and were received by all with the greatest satisfaction. Several of the principal chiefs delivered speeches to the same effect, handing round wampum in turn, and in this manner the whole difficulty of the preceding day was settled and to all appearances forgotten. The Indians are very civil and courteous to each other and it is a rare thing to see their assemblies disturbed by unwise or ill-timed remarks. I never witnessed it except upon the occasion here alluded to, and it is more than probable that the presence of myself and other white men contributed towards the unpleasant occurrence. I could not help but admire the genuine philosophy and good sense displayed by men whom we call savages, in the transaction of their public business, and how much we might profit in the halls of our legislature, by occasionally taking for our example the proceedings of the great Indian council at Upper Sandusky."
The Original Charter.
The joint resolution on February 12, 1812, merely declared that the name of the future capital should be Columbus—the town of Columbia—leaving it without municipal form, and to all intents and purposes, under the direct control of the legislature. As already shown, it assumed that direction and proceeded to appoint an overseer or supervisor, who took charge of it literally, and from his dicta there was no appeal except to the legislature itself.
The necessity of a municipal government soon manifested itself, and the following act of incorporation was passed by the legislature: An Act to incorporate the town of Columbus in the County of Franklin.
Sec. 1. Be it enacted by the general assembly of the state of Ohio. That so much of the township of Montgomery, in the county of Franklin, as is comprised within the following limits, that is to say: commencing at the southwest corner of the half section of Refugee land, number twenty-five, of township five, in range twenty-two, on the bank of the Scioto river, thence with the southern boundary line of said half section, east, to the southeast corner thereof; thence north, with the eastern boundary of said half section, number twenty-five, and that of number twenty-six, and eighty poles on that of half section, number twelve; thence west, across half sections numbered twelve and ten, to the western boundary of the latter half section; thence north with the western boundary of said half section number ten, to the northwest corner thereof; thence west, on the north boundary line of half sections numbered ten and nine, to the northwest corner of the last named half section; thence south with its western boundary line, to the bank of the Scioto river; thence down said river, to the place of beginning, shall be, and the same is hereby erected into a town corporate, henceforth to be known and distinguished by the name of the borough of Columbus, subject however, to such alterations as the legislature may from time to time think proper to make.
Sec. 2. Be it further enacted, That it shall be lawful for the qualified electors, who shall have been resident in said town of Columbus six months, to meet at the Columbus Inn, on the first Monday of May next, and then and there elect by ballot nine suitable persons, being citizens, freeholders or house keepers, and inhabitants of said town, to serve as mayor, recorder, and common councilmen of said town; and the persons thus elected, shall within ten days after their election, proceed to choose out of their own body by ballot, a mayor, recorder, and treasurer; and the remaining six, in conjunction with the mayor, recorder and treasurer, shall act as common councilmen; and the mayor, recorder, treasurer, and common councilmen thus elected, shall at their first meeting determine by lot what term they shall severally serve; three of them shall serve until the next annual election; three others of them for two years; and the last three for three years; and at every annual election, which shall be on the first Monday of May, in every year, there shall be elected three new members of said body, who shall continue in office three years, and until their successors shall be elected and qualified.
Sec. 3. Be it further enacted, That the mayor, recorder, treasurer and common councilmen so elected, and their successors in office, shall be, and they are hereby made a body corporate and politic, by the name and style of, the mayor and council of the borough of Columbus; and by the name aforesaid, shall have perpetual succession, with power to purchase, receive, possess and convey any real or personal estate for the use of the said town of Columbus: Provided, The annual income thereof shall not exceed four thousand dollars; and shall also be capable in law by the name aforesaid, of suing and be sued, pleaded and being impleaded, in any action in any court of this state; and when any action or suit shall be commenced against the corporation, the service shall be by the officer leaving an attested copy of the original process with the recorder, or at his usual place of abode, at least three days before the return thereof; and the said mayor and common council are hereby authorized to have a common seal, with power to alter the same at their discretion.
Sec. 4. Be it further enacted, That the person first elected mayor of said borough of Columbus, shall within ten days after his election, take an oath of affirmation before some justice of the peace for said county of Franklin, for the faithful performance of the duties of his office; and every person who shall thereafter be elected mayor, shall be qualified to office by one of the board of said common council; and every recorder, treasurer and common councilman, before he enters on the execution of the duties of his office, shall take an oath or make affirmation before the mayor for the time being, for the faithful performance of his duty.
Sec. 5. Be it further enacted, That the mayor and members of the common council shall have power to appoint an assessor, a town marshal, a clerk of the market, a town surveyor and such other subordinate officers as they may deem necessary; and to give such fees to the recorder and other officers of the corporation, and impose such fines for refusing to accept such offices, as to them shall appear proper and reasonable.
Sec. 6. Be it further enacted, That the mayor and common council shall have power in the month of July, annually, to levy a tax within said borough, upon all objects of taxation for county purposes; but no tax shall be levied exceeding the rates prescribed by law for county purposes; and the assessor shall be governed in the discharge of his duty by the rules and regulations to be established by the mayor and common council: Provided, nothing herein contained shall be considered as prohibiting the said mayor and common council from levying a tax on dogs.
Sec. 7. Be it further enacted, That the mayor and common council shall have power to erect and repair such public buildings as they may deem necessary for the benefit of said town; and make and publish such laws and ordinances, and the same from time to time to alter and repeal as to them may seem necessary for the safety and convenience of said town of Columbus and its inhabitants: Provided, such laws and ordinances are not contrary to the constitution and laws of the United States or of this state; and the mayor shall have full power and authority to administer oaths, impose reasonable fines on such persons as shall offend against the laws and ordinances made as aforesaid; to levy and cause to be collected, all such fines by warrant under his hand, directed by the town marshal, who is hereby empowered to collect the same by distress and sale of the goods and chattels of the delinquent, and the same to pay to the treasurer of the corporation; and when goods and chattels cannot be found whereon to levy, to commit the body of the offender to prison, there to remain until such fine shall be paid, or until he shall be discharged by order of the corporation: Provided always, That no person shall be imprisoned under the provisions of this section, more than twenty-four hours at any one time.
Sec. 8. Be it further enacted, That the mayor and his successors in office, are hereby vested with powers coequal with justices of the peace within the corporation and shall have power to exercise the same jurisdiction and authority in civil and criminal