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N
ALLEN COUNTY PUBLIC LIBRARY 3 1833 02483 8366
GENEALOGY 977.101 M53h
HISTORY
OF
MERCER COUNTY, OHIO
AND
REPRESENTATIVE CITIZENS
EDITED AND COMPILED BY HON. S. S. SCRANTON CELINA, OHIO
"History is Philosophy Teaching by Examples."
PUBLISHED BY BIOGRAPHICAL PUBLISHING CO. GEORGE RICHMOND, PRES. C. R. ARNOLD, SEC'Y AND TREAS. CHICAGO, ILLINOIS 1907
1
-
1
1437097
Preface
The aim of the publishers of this volume has been to secure for the his- torical portion thereof full and accurate information respecting all subjects therein treated, and to present in a clear and impartial manner the data thus gathered. If, as is their hope, they have succeeded in this endeavor, the credit is mainly due to the diligent and exhaustive research of the editor of the historical statement, Hon. S. S. Scranton, of Celina. In collecting and ar- ranging the material which has entered into this history, it has been his aim to secure facts and to present them in an interesting form. His patient and conscientious labor in the compilation and presentation of the data is shown in the historical portion of this volume. All topics and occurrences have been included that are essential to the usefulness of the history. Although the purpose of the author was to limit the narrative to the close of 1906, he has deemed it proper to touch on many matters relating to the current year.
The reviews of resolute and strenuous lives, which make up the bio- graphical department of the volume, and whose authorship is wholly inde- pendent of that of the history, are admirably adapted to foster local ties, to inculcate patriotism and to emphasize the rewards of industry, dominated by intelligent purpose. They constitute a most appropriate medium of per- petuating personal annals and will be of incalculable value to the descendants of those commemorated. They bring into bold relief careers of enterprise and thrift and make manifest valid claims to honorable distinction. If "Bi- ography is the only true History," it is obviously the duty of men of the present time to preserve in this enduring form the story of their lives in order that their posterity may dwell on the successful struggles thus recorded, and profit by their example. These sketches, replete with stirring incidents and in- tense experiences, will naturally prove to most of the readers of this book its most attractive feature.
In the aggregate of personal memoirs thus collated will be found a vivid epitome of the growth of Mercer County, which will fitly supplement the his- torical statement; for the development of the county is identified with that
4
PREFACE
of the men and women to whom it is attributable. The publishers have en- deavored in the preparation of the work to pass over no feature of it slight- ingly, but to give heed to the minutest details, and thus to invest it with a sub- stantial accuracy which no other treatment would afford. The result has amply justified the care thus exercised, for in our belief no more reliable production, under the circumstances, could be laid before its readers.
We have given special prominence to the portraits of representative citi- zens, which appear throughout this volume, and believe they will prove a most interesting feature of the work. We have sought to illustrate the dif- ferent spheres of industrial and professional achievements as conspicuously as possible. To those who have kindly interested themselves in the successful preparation of this work, and who have voluntarily contributed most useful information and data, we herewith tender our grateful acknowledgement.
Chicago, Ill., March, 1907. THE PUBLISHERS.
Mote
All the biographical sketches published in this volume were submitted to their respective subjects or to the subscribers, from whom the facts were primarily obtained, for their approval or correction before going to press; and a reasonable time allowed in each case for the return of the type-written copies.
Most of them were returned to us within the time allotted, or before the work was printed, after being corrected or revised; and these may there- fore be regarded as reasonably accurate.
A few, however, were not returned to us and as we have no means of knowing whether they contain errors or not, we cannot vouch for their ac- curacy. In justice to our readers, and to render this work more valuable for reference purposes, we have indicated these uncorrected sketches by a small asterisk (*), placed immediately after the name of the subject. They will all be found on the last pages of the book.
THE PUBLISHERS.
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5
Contents
CHAPTER I.
The Northwest Territory 16 ·
CHAPTER II.
County Organization and History
48
CHAPTER III.
Jefferson Township and Celina . . .. . 90
- CHAPTER IV.
Center, Union, Dublin and Black Creek Townships
I28
CHAPTER V.
Liberty, Hopewell, Washington and Butler Townships
154
CHAPTER VI.
Recovery and Gibson Townships
168
CHAPTER VII.
Granville, Marion and Franklin Townships
194
CHAPTER VIII.
Early History of the Methodist Episcopal Church 208
1
6 CONTENTS CHAPTER IX.
Roman Catholic Institutions and Churches 216
CHAPTER X.
The Bench and Bar of Mercer County . 241
CHAPTER XI.
The Medical Profession of Mercer County 253
CHAPTER XII.
Military Record of Mercer County in the Civil War 256
Representative Citizens
271
‹
-
1
Index
Biographical
:
PAGE
PAGE
Allen, Jeremiah 726
Alt, John 528
Bolton, William Lewis 5.58
Alt, Peter
5.56
Borger, Bernard
597
Archer, Joseph W.
717
Bowman, S. A.
507
Armantrout, William Robert
427
Brackman, John 610
Armstrong, Hon. Stephen A.
329
Brackman, Henry
616
Ashcraft, Orville S.
631
Brackmann, Rev. Theodosius H ..
533
Brandon, Isaac
397
Brandon, James Calvin
416
Brandts, Edmund
417
Brehm, John
601
Bastian, William H. 285
Brehm. Valentine W.
594
Bauer, Andy
350
Brewer, Alpheus
431
Beach, Adam 740
Beams, David A. 501
Beauchamp, Mrs. Sarah Ann 573
Brookhart, E. J.
595
Becher, George W. 567
Brown, Geo. W.
483
Bruns, Charles 525
Bryan, William H. 619
Bryson, Ed. L. 252
Bucanon, John L.
509
Buck, Reuben
732
Buehler, Andrew
630
Burch, Roberson Green
502
Carmichael, Thomas J.
643
Carpenter, Emmet F. 316
Clay, Henry 682
Clay, John M.
685
Clune, Casper
564
Coate, Noah
534
Bollenbacher, John Jacob
407
400
Bollenbacher, Andrew
415
Bollenbacher, George
390
334
Bettinger, Adam
601
Birkmyer, Bernard
579
Bohmann, John
574
Beiersdorfer, John
583
Beiersdorfer, Philip
592
Bennett, Henry Brandenberg
437
Beougher, Harvey
513
Bertke, Edward W.
Brock, Leonard Gurley
467
Beauchamp, Wesley W. 593
Brown, Charles A., D. D. S.
280
Becher, Jacob 604
Beckman, H. A. 718
Brock, Daniel 427
Baker Jacob J. 639
Barber, Warren 447
Barker. Orlington 567
Bolman, Christopher F., M. D. 492
Boley, Daniel Evi 645
Bollenbacher, Adam
Coate, Rev. Abither David
499
1
8
INDEX
PAGE
PAGE
Coats, U. Grant 290
Collins, Hon. Franklin S. . 57I
Copeland, Sylvester Kennedy 404
Cordier, Rev. Frank P. 496
Crampton, Ira E.
524
Cron, William
746
Curry, William 488
Dabbelt, Aloys 479
Dabbelt, Barney John
443
Dabbelt, Frank Ludwig 462
Dammeyer, Henry Fred 607
Davis, E. H. 626
Day, Hon. James H. 283
De Ford, John W. 339
DeHays, Philip
675
Dibble, Edward A.
389
Dixon, Samuel
387
Drake, Enos Nicholas
490
Dues, Barney
426
Dues, George H. 410
Hamilton, William Addison 635
Dues, John G.
505
Egger, Rev. Samuel 650
Eichar, William 306
Eichenauer, Tobias 743
Fast, Abraham G. 702
Fast, Ethan H. 725
Feltz, Louis 276
Felver, George
364
Fennig, Daniel 707
Fiely, Henry John 668
Fishbaugh, A. W. 244
4 Fishbaugh, Preston Wiley
584
Ford, Emmett
Fort Recovery Stirrup Company, The. 500
Fox, Henry C.
49I
Fox, Lewis Edward
661
Frahm, August 598
Frahm, John F.
боз
Franks, F. A. 486
Freeman, Granville
378
Frisinger, George W. 305
Fullenkamp, Henry 586
Garman, George 580
Gast, Henry 723
Gaus, Henry 497
Gebele, Silverius 669
Gemmill, Andrew D., V. S.
334
Gieseke, John 484
Godfrey, Hon. Thomas J. 27I
Goecke. Henry 503
Goldschmidt, Rev. Henry, C. PP. S. 503
Graeber, John 378
Green, David 436
Green, George 278
Grier, John 510
Grieshop, Barney 684
Grieshop, Barney, Jr. 713
Grieshop, Henry 687
Griffin, Claudius 456
Griffin, George F. 53I
Grothjan, Anthony B. 398
Hageman, Henry 482
Hair, William 386
Hall. Lewis A. 345
Hamburger, August 396
Hamburger, John E. 455
Hamilton, Charles Justus 647
Hamilton, Moses Silas 637
Hansel, William S. 739
Hart, Thomas 672
Haslinger, John Bernard 543
Hastings, Eli T. 304
Hattery, J. E.
377
Heap, James K.
748
Heath, William B.
719
Hehmeyer, Fred 657
Heitz, Rev. Joseph, C. PP. S. 519
Hellwarth, Benjamin 696
Hellwarth. George F. 676
Hemmelgarn, Paul Henry 473
Hemmelgarn, Theodore 399
Hildbold, Jacob 738
Hinders, Joseph 327
Hone, Henry 344
Hood, Clement Vallandigham 625
54I
Howick, George 508
544
Hoyng, Henry 488
Huelskamp, Bernard 612
Huerkamp, Bernard
674
Hulsman, Clemmons
H.
665
Hunter, John A. 646
Huwer, Jacob 596
Hyler, Samuel C. 406
Imwalle, John 286
Jackson, E. E.
376
250
Howick, David
Howick, James M.
9
INDEX
PAGE
PAGE
Jackson, Foster 745
Jenkins, Roy 327
Jewett, Harry A. 708
Johnsman, Bernard 617
Johnson, Hon. James D. 250
Johnston, Joseph 537
Jones, Aaron 393
Jones, Abraham
365
Jordan, Calvin Marion 735
Jutte, John
692
Lumb, J. Frank
417
Luthmann, John Joseph 527
McDaniel, W. A. J 583
McDonald, Joseph 598
McKim, Charles H. 298
McQueen, John
664
Macke, Joseph
658
Mackenbach, Charles W. 506
Maffett, Nelson 568
Malick, James 355
Marsh, Hon. Archelaus D. 346
Marsh, Clarence E. :
369
Mattingly, Hon. Robert L. 246
May, Clement V.
315
Meinerding, Joseph A. 662
Mercer, Gen. Hugh 48
439
Klostermann, Henry 45I
Klostermann, Rudolf 448
Mersman, Walter J.
406
Koch, Anton
663
Metzger. Felix
675
Koch, William 500
Kramer, Henry 430
Kramer, John 25I
Kraner, Lewis M. 328
Kremer, Frank John 706
Kremer, John D.
705
Krenning, George W. 628
Krugh, Milton O. 480
Kuhn, Frederick 614
Kuhn, Henry 618
Kuhn, John George 613
Kuhn, Joseph A.
561
Landfair, Edward 585
Landfair, Robert B. 252
Lange. John Henry 460
Larue, Abraham W. 279
Lauber, Sebastian 640
Laudahn, John H. 633
LeBlond, Hon. Francis C. 319
Le Blond, Gideon 387
Le Blond, John P. 387
Leininger, Jacob
619
Leistner, Sebastian
622
Leugers, Bernard 557
Linn, Peter 565
Link, Jacob 509
Loree, John Wesley 246
Loughridge, James G. 243
Lowry, Aaron Morten 690
Lowry, William Henry 638
Newcomb, Joseph Beach 449
Newcomb, William Ellis 470
Nickerson, Captain Samuel A.
589
Niekamp, Frank
44I
Niekamp, Frank, Jr. 471
Niekamp, Peter
747
Nuding, Joseph
314
Ontrop, August 632
Orr, William A. 317
Overly, David
367
Overman, Anton
721
Overman,. Bernard
714
388
Knapke, John J.
609
Mescher, Anton.
500
Miller, Hon. C. G. O.
363
Miller, Henry A. 250
Miller, Frank P. 428
Miller, Frederick 356
Miller, Perry C.
349
Miller, William M. 369
Monroe, James Francis 656
Monroe, James H. 654
Monroe, Walter Nimrod 651
Moorman, Henry
526
Morrow, James L.
582
Morrow, John Henry
566
Mott, Abraham
343
Mott, James Z. 318
Murlin, Giles Peter 691
Myers, Jesse W.
469
Myers, John W.
452
Kelly, Eli H. 546
Kenney, Patrick E. 249
Kettering, George 515
-
Keyser, Isaac Newton
335
Kincaid, Hugh
742
Klingshirn. George 673
Mersman, Albert
Mersman, Edward H.
-
IO
INDEX
PAGE
PAGE
Palmer, W. T. 357
Schneider, Adam 712
Pausch, William Frederick 671
Schott, Michael 737
Pax, Joseph 599
Schroyer, David 644
Pearson, James 626
Schunck, Christopher 366
Platt, Lewis 699
Schwietermann, Harman Gerhard. 459
Pleiman, Joseph 561
Schwietermann, Harman Henry. 495
Powell, John
652
Schwietermann. John Henry 472
Preston, Benjamin
347
Schwietermann, Joseph
442
Pulskamp, Herman 746
Scranton. Hon. S. S.
245
Puthoff, Frank 600
Selby, Wilson 357
Rammell, George 439
Rathweg, Anthony
396
Sheeley, Lanney Lee
749
Raudabaugh, Israel F.
245
Shelley, William M. 287
Raudabaugh, Orville
252
Shively, John W.
297
Rawers, Henry George 733
Short, Frank V. 25I
Regedanz, John 368
Slabaugh, S. V. 309
Reusch, Michael 611
Sloan, William E. 655
Rentz, August 730
693
Smith, Andrew J. 742
Rentzsch, Otto, Jr.
576
Smith, George
514
Reuter, George A. 627
Smith, George W.
516
Rhodes, Capt. John Stafford
293
Smith, William N.
543
Richardson, J. V. 409
Snyder. Hon. A. P. J.
323
Rickets, George 310
Snyder, James C.
324
Riley, Calvin E. 383
Riley, Calvin Willshire
307
Riley, Capt. James
313
Riley, James Watson
IOI
Spriggs, William 734
Riley, James Watson
314
Springer, Joseph S. 55I
Riley, Robert Ellsworth, M. D. 289
Stanbery, Henry Stanley 358
Robinson, Frank G. 244
7II
Roeckner, John F.
608
Roether. John 620
Roether, William Justin
629
Rohler, Barney
468
Romer, Frank Bernard
517
Romer, John G.
542
Romer, John Henry
534
Romer, John Joseph 538
Ross, James 274
Sager, Joseph. M. D. 303
Schaadt, Adam 654
Schindler, John 520
Schlarman, Bernard 689
Schlosser, John M. 380
Tingley, Jacob Alexander 477
Schmitt, J. B. 562
Tou Velle, Hon. William E. 250
Schmitz, Peter J. 740
Schnarre, Jolin 384
Stukenborg, John 729
Swarts, J. A. 720
Tabke, Rev. Anthony 487
Taylor, L. L. 252
Taylor, Martyn, M. D. 429
Taylor, T. P., M. D. 408
Taylor, William R., M. D. 435
Tennent, John 596
Tilton, John 349
Upton, Elmore Green 703
338
Ridenour, John William, M. D. 577
Snyder, Trussten Bruce.
300
Snyder, Washington
333
Sonderman, Frank J 545
Spriggs, Seth 722
Stark, Frank C. 581
Roebuck, Joseph Warren
Stephenson, Arlington, M. D. 337
Stephenson, Edgar E. 732
Stewart, A. G. 252
Streacker, Anton
581
Richardson, David H., M. D. 353
Snavely, John
Severns, Charles 701
Severns, Richard
695
Rentz, Xavier
Smith, Andrew 506
3 1833 02483 8366
II
INDEX
PAGE
PAGE
Varwig, Mrs. Henrietta 419
Velten, Michael
666
Willenborg, John B., Sr. 288
Willke, Alois John 730
Willmann, Henry F. 373
Windker, J. H. 578
Winhoven, Joseph 522
Winkeljohan, J. H. 498
Wintermute, G. J. C. 360
Wirtz, Joseph
633
Wollam, Ira T. 563
Wright, John Peter 479
Weist, Jonas 308
Wendeln, John Henry 536
Zeller, Ward Clifton, M. D. 298
Zenz, John
425
White, John
413
Wilkin, Sylvester
276
Wilson, William E.
385
Younger, Hon. Charles S.
354
Illustrations
PAGE
PAGE
Auditorium, Chautauqua Grounds. Ce- lina
56
Banks-
Citizens', Celina
I60
Commercial, Celina
I60
First National, Celina
I60
Battles of the Maumee, Plan Illustrat-
ing the
37
Boulevard Along Lake Mercer
56
1
Churches-
Catholic, Holy Trinity, Coldwater .. 160 Catholic, Immaculate Conception, Ce- lina I90
Catholic, Mary, Help of Christians,
Fort Recovery
236
Catholic, St. Henry's, St. Henry. 236 Catholic, St. John's, St. Johns. 236 and Family 332 Springer, Mr. and Mrs. Joseph S., and Family 549
Catholic, St. Paul's, Sharpsburg ...
236
Evangelical
Lutheran, St. John's,
Celina
248
Evangelical Lutheran and Reformed,
Celina
248
First Church Built in Celina.
I20
Methodist Episcopal, Celina
212
Methodist
Episcopal, Fort
Recov-
ery 212
Methodist Episcopal, Mercer
212
Methodist Episcopal, Rockford
212
Presbyterian, First, Celina
248
Presbyterian, Rockford
I42
United Brethren, Rockford
I42
Family Groups-
Barber, Mr. and Mrs. Warren, and Family 446 Carmichael, Mr. and Mrs. Thomas J., and Family 6.42 Griffin Family Group of Five Gen- erations 530 Hamburger, Mr. and Mrs. John E., and Family 454 Jones, Mr. and Mrs. Aaron, and Family 392 Snyder, Mr. and Mrs. Washington,
White. Mr. and Mrs. John, and
Family
412
Willcutt,
Mr.
and Mrs. George Washington, and Family 678 Zenz, Mr. and Mrs. John, and Fam- ily 422
Fort Recovery, Scenes of the Destruc- tive Explosion at I90
Vining, Samuel J. 560
Voke, Edward 649
Wallischeck, Joseph 735
Walter, Andrew X. . 485
Waters. Price T., M. D.
403
Watkins, James Sanford 736
Weaver, Sylvester H. 336
Weir, William 744
Willcutt, George Washington 681
West, William Roscoe
410
Yaney, John H.
602
12
INDEX
PAGE
Forts-
Fort Amanda 44
Fort Defiance, Plan of 39
Fort Washington 44
Free Public Library, Celina.
I 20
Grand Reservoir, View on, in 1846.
58
-
Mercer County Court House and Jail,
Celina
80
Mercer County Fair Grounds Views
Scene on the Fair Grounds.
56
Pioneer Home, A
56
Mercer County Infirmary,
Jefferson
Township
84
Portraits-
Brock, Mrs. Elizabeth L. 465
Brock, Leonard Gurley
464
Clark, Gen. George Rogers
28
Collins, Hon. Franklin S 570
Dammeyer, Gustav
606
Dammeyer, Julius
606
Dammeyer, Theodore
606
Day, Mrs. Frances S.
282
Day, Hon. James H.
28I
Godfrey, Hon. Thomas J.
270
Harmar, Gen. Josiah
28
Harrison, Gen. William Henry .28
Mercer, Gen. Hugh
49
Miller, Hon. C. G. O. 362
Mott, Mr. and Mrs. Abraham 342
Nickerson, Mrs. Lucinda M.
588
Nickerson, Capt. Samuel A.
588
Platt, Mr. and Mrs. Lewis
698
Rhodes, Capt. John Stafford 292
Richardson, David H., M. D
352
Richardson, Mrs. Mary L.
352
Riley, Calvin E. 382
Riley, Capt. James 312
Riley, James Watson 98
Sager, Joseph, M. D. 302
St. Clair, Gen. Arthur 28
Schwietermann, Harman Henry 494
Scranton, Hon. S. S. I4
Snyder, Hon. A. P. J. 322
Stevens, Harry 716
Taylor, Mrs. Jennola K. 434
Taylor, William R., M. D. 434
Waters, Price T., M. D. 402
Wayne, Gen. Anthony 28
Willmann, Henry F.
372
Willmann, Mrs. Louisa M. 372
Residences- Archer, Joseph W. 716
Beougher, Harvey 512
Beougher, Harvey (Old Home) 512 Dammeyer, Henry Fred 606
Fox, Lewis Edward 660
Griffin, George F. 530
Griffin, George F. (Old Home) 530 Hood, Clement Vallandigham 624
Riley, Calvin E. 248
Springer, Joseph S. 549
Springer, Joseph S. (Old Home). 548 Tingley, Jacob Alexander 476 Willcutt, George Washington 679
Zenz, John
423
Richardson Block, Celina
I20
Roman Catholic Institutions -
Convent of Mary, Help of Chris- tians, near Maria Stein 220
Novitiate of the Fathers of the Most
Precious Blood, Burkettsville. ... 220
St.
Charles Borromeo Seminary,
Bird's-Eye View, Carthagena. ... 220
St. Clair's Battle-Field, Plan of.
36
School Buildings-
Celina, East Building 202
Celina, West Building 202
Chickasaw
202
Coldwater
202
Fort Recovery I72
Mendon
I72
Mercer
I72
Montezuma
172
Rockford
I42
Street Views-
Celina, Main Street 84
Celina, Street View in 1890
104
Fort Recovery, Wayne Street
84
Rockford, Main Street
84
Tile Works-
Fox, Lewis Edward
660
1
Springer, Joseph S.
554
Town Halls-
Celina
80
Coldwater
80
Mendon
80
Rockford
142
Water-Works
and
Electric
Light
Plant, Celina
I20
PAGE
1
& Stratton
1
history of mercer County CHAPTER I
THE NORTHWEST TERRITORY
Virginia acquired title to the great Northwest by its several charters: granted by James I., bearing dates, respectively, of April 10, 1606, May 23, 1609, and March 12, 1611. The Colony of Virginia first attempted to exer- cise authority in, or jurisdiction over, that portion of its extensive domains that was organized by the Ordinance of 1787 into the "Territory Northwest of the River Ohio," when in 1769 the House of Burgesses of said Colony passed an act establishing the county of Botetourt, with the Mississippi River as its western boundary. The aforesaid act recited that, "whereas, the people situated on the Mississippi, in the said county of Botetourt, will be very remote from the Court House, and must necessarily become a separate county as soon as their numbers are sufficient, which, probably, will happen in a short time, be it therefore enacted, by the authority aforesaid, that the inhabitants of that part of the said county of Botetourt which lies on the said waters shall be exempted from the payment of any levies to be laid by the said County Court for the purpose of building a Court House and prison for the said county."
Civil government, however, between the Ohio and Mississippi rivers was more in name than reality, until the year 1778, after the conquest of the country by Gen. George Rogers Clark, when the Virginia Legislature organ- ized the county of Illinois, embracing within its limits all the territory owned by Virginia west of the Ohio River. Col. John Todd served, under appoint- ment received from the Governor of Virginia, as civil commandant and lieu- tenant of the county until his death, at the battle of Blue Licks, in 1782, less than two years before Virginia ceded the country to the United States. Timothy de Montbrun was his successor.
In 1783 the General Assembly of Virginia passed an act authorizing
16
HISTORY OF MERCER COUNTY
the Virginia delegates in Congress to convey to the United States all the right of that commonwealth to the territory northwest of the river Ohio.
Pursuant to the foregoing action of the General Assembly of Virginia, Thomas Jefferson, Samuel Hardy, Arthur Lee and James Monroe, Vir- ginia's delegates in Congress, did, as per deed of cession, on the first day of March, 1784, it being the eighth year of American independence, "convey (in the name, for and on behalf of, the said commonwealth), transfer, assign, and make over unto the United States in Congress assembled, for the benefit of said States, Virginia inclusive, all right, title and claim, as well of soil as of jurisdiction, to the territory of said State lying and being to the northwest of the river Ohio." Upon the presentation of said deed of cession, Congress resolved, on the same day, "that it be accepted, and the same be recorded and enrolled among the acts of the United States in Congress as- sembled."
The United States having thus secured title to the "Great Northwest," Congress soon deemed it advisable to take the preliminary steps looking to the permanent establishment of civil government in the new and extensive territory, of which it had just become the legal custodian. Accordingly, after much mature deliberation and careful consideration of the subject, as well as prolonged discussion of the important questions involved, they, on the 13th of July, 1787, gave to the world the results of their deliberations in "An Ordinance for the Government of the Territory of the United States Northwest of the River Ohio," which has come to be best known as the "Ordinance of 1787," sometimes called the "Ordinance of Freedom." As said ordinance was the fundamental law, the constitution, so to speak, of the great Northwest, upon which were based, and with which harmonized, all our territorial enactments, as well as all our subsequent State legislation; and moreover, as it is to that wise, statesmanlike document that we are indebted for much of our prosperity and greatness, we give it entire as follows :
TIIE ORDINANCE OF 1787.
An Ordinance for the Government of the Territory of the United States Northwest of the River Ohio.
Be it ordained by the United States in Congress assembled, That the said territory, for the purposes 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.
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
1
17
AND REPRESENTATIVE CITIZENS
collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parents' 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 acknowl- edged, 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 per- sonal property may be transferred by delivery; saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, St. Vincents, and the neigh- boring 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.
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 1,000 acres of land, while in the exercise of his office.
There shall be appointed, from time to time, by Congress, a secretary, whose com- mission shall continue in force for four years unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in 500 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 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 free- hold estate in 500 acres of land while in the exercise of their offices; and their com- missions shall continue in force during good behavior.
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