| 5th Ohio General Assembly | |
| Meeting Place: | Chillicothe, Ohio, USA |
| Before: | 4th |
| After: | 6th |
| Chamber1: | Ohio Senate |
| Membership1: | 15 |
| Control1: | Democratic-Republican Party |
| Chamber1 Leader1 Type: | Speaker of the Senate |
| Chamber1 Leader1: | Thomas Kirker (D-R) |
| Chamber2: | House of Representatives |
| Membership2: | 30 |
| Control2: | Democratic-Republican Party |
| Chamber2 Leader1 Type: | House Speaker |
| Chamber2 Leader1: | Abraham Shepherd (D-R) |
| Session1 Start: | December 1, 1806 |
| Session1 End: | February 4, 1807 |
The Fifth Ohio General Assembly was the fifth meeting of the Ohio state legislature, composed of the Ohio State Senate and the Ohio House of Representatives. It convened in Chillicothe, Ohio, on December 1, 1806, and adjourned February 4, 1807. This General Assembly coincided with the second year of Edward Tiffin's final term as Ohio Governor.
Under Ohio's first constitution, State Senators were elected to two year terms. Members of the House were elected for each term. Article I, section 2 and 6 of Ohio's first constitution called for an enumeration of white male inhabitants of 21 years age every four years, with the number of representatives and senators for each county apportioned by the legislature based on this census. Article I, section 3 called for elections the second Tuesday in October.
Thomas Kirker of Adams County was elected Speaker of the Senate. The Senate Clerk was Thomas Scott and the Senate Doorkeeper was Edward Sherlock.
Abraham Shepherd, also of Adams County, was elected Speaker of the House. The House Clerk was William R. Dickinson and the House Doorkeeper was Adam Betz.
For this session, the legislature apportioned two senators for Warren, Butler, Montgomery, Greene and Champaign Counties, Washington, Gallia, Muskingum and Athens Counties, Jefferson and Columbiana Counties, Ross, Franklin, and Highland Counties, and Hamilton County, and one senator each for Trumbull and Geauga Counties, Adams and Scioto Counties, Clermont, Fairfield, and Belmont Counties.
| District | Senator | Party | notes |
|---|---|---|---|
| Thomas Kirker | Democratic-Republican | elected Speaker of the Senate | |
| Belmont | Joseph Sharp | ||
| Clermont | James Sargent | Democratic-Republican | |
| Fairfield | Elnathan Scofield | ||
| Hamilton | William McFarland | ||
| Stephen Wood | |||
| Jefferson Columbiana | Benjamin Hough | Democratic-Republican | |
| John Taggart | |||
| Ross Franklin Highland | Abraham Claypool | ||
| Duncan McArthur | Federalist | ||
| Trumbull Geauga | Calvin Cone | ||
| Warren Butler Montgomery Greene Champaign | Jacob Smith | ||
| Richard S. Thomas | |||
| Washington Gallia Muskingum Athens | Hallam Hempstead | ||
| Leonard Jewett |
For this session, the legislature apportioned four representatives for Ross, Franklin and Highland Counties, three representatives each for Adams and Scioto Counties, Jefferson County and Hamilton County, two representatives each for Belmont, Columbiana, Fairfield and Warren Counties, Trumbull and Geauga Counties, and Washington, Gallia, Muskingum and Athens Counties, and one representative each for Butler, Clermont, Greene and Montgomery Counties.
| District | Representatives | Party | notes |
|---|---|---|---|
| Philip Lewis | |||
| James Scott | |||
| Abraham Shepherd | Democratic-Republican | elected Speaker of the House | |
| Belmont | Josiah Dillon | ||
| John Stewart | |||
| Butler | James Shields | Democratic-Republican | |
| Clermont | David Bryan | never seated (see below) | |
| Thomas Morris | Democratic-Republican Party | ||
| Columbiana | Solomon Line | ||
| John McConnell | |||
| Fairfield | Philemon Beecher | Federalist | |
| William W. Irvin | Democratic-Republican | ||
| Greene | Joseph Tatman | ||
| Hamilton | John Jones | ||
| Hezekiah Price | |||
| Ethan Stone | Federalist | ||
| Jefferson | Samuel Boyd | ||
| Thomas Elliott | |||
| John McLaughlin | |||
| Montgomery | Philip Gunckel | ||
| Ross Franklin Highland | James Dunlap | Democratic-Republican | |
| Nathaniel Massie | Democratic-Republican | ||
| David Shelby | |||
| Abraham J. Williams | Democratic Republican | ||
| Trumbull Geauga | John P. Bissell | ||
| James Kingsbury | |||
| Warren | Peter Burr | ||
| Matthias Corwin | Democratic-Republican | ||
| Washington Gallia Muskingum Athens | Levi Barber | Democratic-Republican | |
| Lewis Cass | Democratic-Republican | ||
| William H. Puthuff |
Governor Tiffin's annual address was given before a joint session of the legislature on December 1, 1806. On December 2, a confidential correspondence from the Governor was received by both chambers and closed sessions were held by both chambers regarding said correspondence through December 5. On December 6, a concurrent resolution was adopted to call for the resignation of United States Senator John Smith for his role in the alleged plot of former Vice President Aaron Burr to establish an independent country in the Southwestern United States. Burr and Smith were both charged with treason in 1807. Untimately, Burr was acquitted of all charges related to the scandal,[1] which led to Smith's charges being dropped on a technicality before he went to trial. An expulsion vote for Smith held in the United States Senate in 1808 failed by just one vote. Even so, Smith ultimately resigned on April 25, the last day of the legislative session.[2]
Rep. Morris of Clermont County contested the election of Rep. Bryan, also from Clermont, citing "election irregularities." With only one seat apportioned by the legislature for the county, on December 5, the House voted to seat Rep. Morris by a vote of 15–14. Rep. Bryan was dismissed from the legislature.
On January 1, 1807, a joint session of the legislature met to elect a Senator to the United States Senate, and chief and associate justices to the Ohio Supreme Court. Among those elected were Governor Tiffin to the office of United States Senator for the State of Ohio, and Rep. Burr to the state Supreme Court.
On January 31, a joint session of the legislature met to elect municipal and district-wide officers were, including Senator Hempstead to the Washington County Court of Common Pleas, and Rep. Williams to the office of tax collector for the second district.
On January 8, articles of impeachments were brought forth against Judge Robert F. Slaughter of Fairfield County, who served as the President Judge of Ohio's Second Circuit of Courts of Common Pleas. The impeachment was sponsored by Reps. Beecher, Cass, Irvin - who was impeached by the state legislature from his judgeship a year prior - Scott and Stone. The charge was "misdemeanor" for his lack of attendance at the various courts within his circuit, a key part of his duties as President of the circuit. A trial commenced in the Senate January 9–28. Slaughter was impeached and removed from the bench by a vote of 11 (Claypool, Cone, Hempstead, Hough, Jewett, McArthur, McFarland, Sargent, Smith, Wood, and Speaker Kirker) -1 (Scofield)
Several laws were enacted during this session authorizing lotteries for limited purposes such as paying for the improvement of rivers.
On December 6, 1806, a House Joint Resolution was adopted by the Ohio Senate to express confidence in "the patriotism and fidelity of the National Administration." This resolution was also in response to the Burr controversy and the fallout it caused for the Jefferson Administration.
Also on December 6, the House passed a Senate Joint Resolution declaring its support for the United States outlowing the practice of importing slaves from the West Indies and Africa. Congress went on to ban this practice in 1807, which went into effect on January 1, 1808.
On January 16, land from Montgomery County was detached to form Miami County. The county seat was established at Troy.
On January 30, an act altering the boundary of Athens and Gallia Counties was enacted as such: "Beginning at the northwest corner of section three, range twelve; thence south on the sectional line of number twenty-four, to the southwest corner of said section; thence east between the fifth and sixth tier of sections to the Ohio river."
Additional land was attached to Jefferson County by an act of the legislature on January 31.
On February 10, land from Trumbull County was detached to form Portage County. The county seat was established at Ravenna.
An act introduced in the previous General Assembly to encourage the killing of wolves and panthers was enacted in early 1807. The law required county authorities to offer rewards for the scalps of wolves and panthers taken within its boundaries; between $0.50 and $3.00 for animals six months old or less, and between $1.00 and $4.00 for animals more than six months old. Historians of Ohio's early history state that during this time "perhaps no law was more zealously enforced" than this.
Other acts passed this sessions regulated weights and measures, promoted the construction of public highways, ferries and bridges, improved the election laws, amended the militia laws, and levied state taxes and set forth for the collection thereof.