USA > Ohio > A history of Ohio, with biographical sketches of her governors and the ordinance of 1787 > Part 13
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of the army, after a brave and brilliant service, when but nineteen years of age. After the war he spent two years at the Ohio Wesleyan University, Dela- ware, Ohio, and thence went to Cornell University. He graduated there July Ist, 1869.
In 1879 he was elected Judge of the Superior Court of Cincinnati, which position he held for three years. In 1883 he was nominated for Governor, but was defeated by Judge Hoadly, the Democratic can- didate. In 1885 he was again nominated and elected. He was re-nominated and re-elected in 1887.
His administrations have been marked by a brave and conscientious execution of all duties that are made his under the law. As an orator, for fearless and passionate eloquence, he has no superior in the State. He is aggressive, yet attractive in his public declarations, and is recognized by men of all parties as honest and courageous.
ORDINANCE OF 1787.
IN CONGRESS, July 13, 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, how- ever, 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 pro- prietors 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 deceased child or grand- child 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 kin, in equal degree ; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts, among them their deceased parent's share; and there shall in 110 case be a distinction between kindred of the whole and half blood; saving iu 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 descendants and dower shall remain
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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 relcase, or bargains 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 acknowledged, or the execution duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose ; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers on the Kaskaskias, St. Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and cus- toms 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 Con- gress, a Governor, whose commission shall continue in force for the term of three years, unless sooner re- voked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in exercise of his office. There shall be appointed from time to time, by Congress, a Secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in
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five hundred acres of land, while in exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the Legislature, and the pub- lic records of the district, and the proceedings of the Governor in his executive department; and transinit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress. There shall be appointed a court, who shall have a common law jurisdiction, and reside in the district, and have, each therein, a freehold estate of five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior.
The Governor and Judges, or a majority of them, shall adopt and publish in the district, such laws of the original states, criminal and civil, as may be nec- essary, and best suited to the circumstances of the district, and report them to Congress, from time to tinie, which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved by Congress; but afterward the Legislature shall have authority to alter them as they shall think fit.
The Governor, for the time being, shall be Com - mander-in-Chief of the militia, appoint and comunis- sion all officers in the same below the rank of general officers. All general officers shall be appointed and commissioned by Congress.
Previous to the organization of the General Assem- bly, the Governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order of the same, After the General As-
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sembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said Assembly ; but all magistrates and civil officers, not herein otherwise directed, shall, during the continuance of this temporary govern- ment, be appointed by the Governor.
For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the Governor shall make proper divisions thereof; and he shall proceed from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished into counties and townships, subject, however, to such alterations as may thereafter be made by the Legislature.
So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the Governor, they shall receive authority, with time and place, to elect representa- tives from their counties or townships, to represent them in the general assembly : provided, that for every five hundred free male inhabitants there shall be one representative, and so on progressively with the number of free male inhabitants, shall the right of representation increase, until the number of rep- resentatives shall amount to twenty-five, after which the number and proportion of representatives shall be regulated by the Legislature : provided, that 110 person be eligible or qualifed to act as representa- tive, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district
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three years, and in either case shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; provided also, that a free-hold in fifty acres of land in the district, having been a citizen of one of the states, and being a resident in the district, or the like free-hold and two years resi- dence in the district, shall be necessary to qualify a man as an elector of a representative.
'The representative thus elected, shall serve for a term of two years, and in case of death of a repre- sentative or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term.
The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, tuless sooner removed by congress, any tlirce of whom to be a quorum, and the members of the council shall be nominated and appointed in the fol- lowing manner, to-wit: As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together, and when mnet, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to congress ; five of whom congress shall appoint and commission to serve as aforesaid ; and whenever a vacancy shall happen in council, by death or removal from office, the house of representatives shall nomi- nate two persons, qualified as aforesaid, for each vacancy, and return their names to congress, one of
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whom congress shall appoint and commission for the residue of the term; and every five years, four months at least before the expiration of the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to congress, five of whom congress shall appoint and commission to serve as members of council five years, unless sooner re- moved. And the governor, legislative council and house of representatives shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills having passed by a majority in the council, shall be referred to the governor for his assent ; but no bill or legislative act whatever shall be of any force with- out his assent. The governor shall have power to convene, prorogue and dissolve the general assembly when in his opinion it shall be expedient.
The Governor, Judges, Legislative Council, Sec- retary, and such other officers as Congress shall ap- point in the district, shall take an oath, or affirmation of fidelity, and of office-the Governor before the President of Congress, and all other officers before the Governor. As soon as a Legislature shall be formed in the district, the Council and House, as- sembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with the right of debating, but not of voting, during this temporary government.
And for extending the fundamental principles of civil and religious liberty, which form the basis where- on these republics, their laws and constitutions, are
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erected, to fix and establish those principles as the basis of all laws, constitutions and governments, which forever hereafter shall be formed in the said 'Territory ; to provide also for the establishment of States, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest.
It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be consid- ered as articles of compact between the original States and the people and States in the said terri- tory, and forever remain unalterable, unless by common consent, to-wit :
ARTICLE I. No person demeaning himself in a peaceable and orderly manner shall ever be molested on account of his mode of worship or religious senti- ments in the said territory.
ART. II. The inhabitants of said territory shall always be entitled to the benefit of the writ of habeas corpus, and of the trial by jury ; of a proportionate representation of the people in the Legislature, and of judicial proceedings according to the course of the common law ; all persons shall be bailable unless for capital offenses, where the proof shall be evident or the presumption great ; all fines shall be moderate, and no cruel or unusual punishments shall be in- flicted ; no man shall be deprived of his liberty or property but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary for the common preservation to take any person's property, or to demand his particu-
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lar services, full compensation shall be made for the same; and in the just preservation of rights and property it is understood and declared that no law ought ever to be made, or to liave force in said terri- tory, that shall, in any manner whatever, interfere with or effect private contracts or engagements, bonafide, and without fraud previously formed.
ART. III. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools, and the means of education, shall forever be encouraged. The utmost good faith shall always be observed toward the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and lib- erty, they never shall be invaded or disturbed, unless in just and lawful wars, authorized by Congress; but laws founded in justice and humanity, shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friend- ship with them.
ART. IV. The territory, and the states which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such altera- tion therein as shall be constitutionally made : and to all acts and ordinances of the United States in Con- gress assembled, conformable thereto. The inhab- itants and settlers, in the said territory, shall be subject to pay a part of the federal debts contracted, and a proportional part of the expenses of the Gov- ernment to be apportioned on them, by Congress, according to the same rule and measure by which
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apportionments thereof shall be made on the other states; and the taxes for paying their proportion shall be laid and levied by the authority and direc- tion of the Legislatures of the districts, or new states, as in the original states, within the time agreed upon by the United States in Congress as- sembled. The Legislatures of those districts, or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assem- bled, nor with any regulations Congress may find nec- essary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than resi- dents. The navigable waters leading into the Mis- sissippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost or duty therefor.
ART. V. There shall be formed in said territory not less than three nor inore than five states, and the boundaries as soon as Virginia shall alter her act of session and consent to the same, shall become fixed and established as follows, to-wit: The western state in said territory shall be bounded by the Mississippi, the Ohio and Wabash rivers; a direct line drawn from the Wabash and Post Vincents due north to the territorial line between the United States and Canada, and by the said territorial line to the Lake of the
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Woods and Mississippi. The middle state shall be bounded by the said direct line, the Wabaslı from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern state shall be bounded by the last mentioned direct line, the Ohio, Pennsyl- vania and the said territorial line ; provided, however, and it is further understood and declared, that the boundaries of these three states shall be subject so far to be altered, that if congress shall hereafter find it expedient, they shall have authority to form one or two states in that part of the territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan; and whenever any of the states shall have sixty thousand free inhabitants therein, such states shall be admitted by its delegates into the congress of the United States, on an equal footing with the original states, in all respects whatsoever; and shall be at liberty to form a permanent constitution and state govern- ment : Provided, the constitution and government so to be formed shall be republican and in conforinity to the principles contained in these articles : and so far as it can be consistent with the general interest of the confederacy, such admission shall be had at an earlier period, and when there may be a less number of free inhabitants in the state than sixty thousand.
ART. VI. There shall be neither slavery nor in- voluntary servitude in the said Territory, otherwise than in punishment of crimes whereof the party shall have been duly convicted: provided, always, that
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any person escaping into the same, from whom labor or service is lawfully claimed in any one of the orig- inal States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Be it ordained by the authority aforesaid, that the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be and the same are hereby repealed, and declared null and void.
INDEX.
Admission of Ohio to the Union, 59. Aid Societies, Ladies' 162.
Allen, William, Governor, Sketch of 100 Amendments, Ohio's Action on, 61. Anderson, Charles, Governor, Sketch of, 187.
Atwater, Caleb, report on Common Schools, JO7; labors in their behalf, 108.
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Barlow, Joel, 41. Bartley, Thomas, W. Governor sketch of, 180. Bartley, Mordecai, Governor, sketch of, 180. Berkley's, Bishop, line, 9.
Bishop, Richard M., Governor, Sketch of, 192. Black Laws, 143; repeal of, 145.
Blockade, Legislative, 139.
Boundary, Dispute concerning, 122. Bowman, John, Col., attacks Shawanese villages, 17,
Botetourt County, Ohio, a part of, 15. Brebeuf, de Jean, first sees Ohio, 9. Brough, John, Governor, 160; Sketch of, 185. Brown, Ethen Allen, Governor, sketch of, 174. Burt, Aaron, Conspiracy of, 61.
Butler County, organized, 61. Byrd, Charles W., acts as Governor, 58.
Canals, their Construction and In- fluence, 80; Their Cost, 06. Campaign, Political, of 1840, 133; The Vallandigham, 160. Charlotte, Camp, 16. Chase, Salmon P., Elected United States Senator. 115; Elected Governor, 148; Sketch of, 13.
Chillicothe, Settled, 42; Made the Cap- ital of the Northwest Ter- ritory, 51; Incorporated, 57; Capital Removed from, 5; Made the State Capital, 50; Again Removed, 6G. Church, First Built in Ohio, 4). Cincinnati, Settled, 39; Made a County Seat, 40; Incorporated, 57. Coal, First Used in Ohio, 67; First Used in Making Iron, 138. Constitutional Convention, First. as; The Second, 1!1. Corwin, Thomas, Governor, 197; Sketch of, 179.
Cleveland, Moses, General, Settles the Western Reserve, 12.
Cleveland, City of, Settled, 13. Clark, George Rogers, Col., 17. Colleges, Founded, 131.
Columbus, Settled, 39.
Columbiana County, Organized, 61. Columbus, Made the Permanent Cap- ital, 71.
Connecticut, Cedes her Claims, 2.4.
Congress Claims Northwest Territory, 24. Cox, J. D., Governor, 150; Sketch of, 187. Cowen, D. R., Genera!, 101.
Crawford, William, Col., Capture and Death of, 20.
Cresap, Michael, Captain, 15.
C: oghan, George, Major, Defends Fort Stephenson, 76.
Cutler, Manasseb, Rev., 31.
Cutler, Ephraim, Proposes School Law, 107; Appointed on School Com- mission, 108.
Dayton, Incorporated, 60; The Whig Convention at, 133.
Dennison, William, Governor, 149; Sketch of, 181.
Dinwiddie, Lord, 11. Dunmore, Lord, Campaign Against the Indians, 15.
Filucation, 67. English, The, Establish Trading Sta- tions on the Ohio, 11. Erie, Battle of Lake, SI.
Fearing, Paul, Admitted to the Bar, 38; In the Legislature, 52. Flood, in the Ohio River, 118: At Cin- cinnati, 119; Early Floods, 121. Foraker Joseph B, Governor, Sketch of 193.
Foster, Charles, Governor, Sketch of, 1:2.
France, Hler Claims to Ohio Territory, Il; Establishes Trading Stations in Ohio, 11. Fixes her Boun- darics, 11.
Franklin County, Organized, ol. Fresch and Judion War, 15. Fic: . h Giam1, 42 Ford, Seabury, Governor, Sketch of lol.
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Gallia County, Organized, 61. Gallipolis, Settled, 41.
Garfield, James A., 150.
Gist, Christopher, His Journey, 12.
Greathouse, Gaptain, 15, 17. Green County, Organized, 61.
Greenville, Treaty of, 47.
Groesbeck, W. S., 142.
Guilford, Nathaniel, 110.
Hamilton County Organized, 40. Hamar, Thomas L., General, Death of, 137.
Hamilton, Town of, Incorporated, 69.
Harmar, General, Marches Against the Indians, 4.1. Harmar, Fort, Treaty of, 43. Harrison, William Henry, Elected Del- egate to Congress, 53; Ap- pointed Commander-in-Chief, 73; Nominated for the Presi- dency, 131: His Campaign, 133. Harris Line, The, 124.
Hayes, Rutherfor B:, Governor, Sketch of, 188.
Hull, William, General, 71.
Huntington, Samuel Governor, Sketch of, 171. Hoadly, George Governor, Sketch of, 193.
Indians, Campaigns Against, 21; Their Homes, 22
Independence, War for, 16. Impeachment of Judges, 65.
Iron, first made in Ohio, 67; furnaces, 138. Iroquois, visit of, to La Salle, 10.
Jefferson Thomas, on Logan's Speech, 16; His Plan for the North- west Territory, 25. Judiciary and Legislature, Conflict be- tween, 65.
Kirker, Thomas, Governor, Sketch of, 170.
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La Chine, 10. Lafay te, His Visit to Ohio. 112. La Sal :. Robert Cavalier de, His Char- acter, 9; He Discovers the Ohio River. 10; Claims the Missis- sippi Valley for France, 11; As a Fur Trader, il.
Lancaster, Incorporated, 69. Lebanon, Incorporated, 69.
Library State, Founded, 85. Logan, The Mingo Chief, Speech of 16. Looker, Othniel, Governor, Sketch of, 172. Log Cabin Campaign, 132; Origin of, 133; Character of, 134.
Losantiville, 39. Louis XIV, 11.
Louisiana, Discovery of, 11; Purchase of, 61. Lucas, Robert, Governor, Marches on Michigan, 126; Sketch of, 177.
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Manchester, Settled, 42. Marietta, Settlement of, 35; named, 37. Massacre, First in Ohio, 12; of Mora- vian Indians, 18. Massachusetts, Cedes Her Claims to the Northwest Territory, 24. Massie, Nathaniel General, Lays Out Chillicothe, 42; Contests Meigs' Election, 6S.
Mayflower, 35. Medill, William, Governor, Sketch of, 182. Meigs, Return Jonathan, Jr., Gover- nor, His Seat Contested, 68; Sketch of, 172.
Meigs Fort, Seige of, 74. Mexico, War With, 135.
Michigan, Dispute With, 122.
Morgan, George W., General, 137. Morgan, John, General, Marches Against Cincinnati, 151; Raid Through Ohio, 157; Capture and Escape, 158; Cost of Raid to the State, 158. Morrow, Jeremiah, Governor, Sketch of, 175. Monroe, James, 150. Mormonism, Established in Ohio, 114. Montgomery County Organized, 61. Moravian Indians, Massacre of, 18; Their Disposition, 19. McArthur, Duncan, Governor, 42; Sketch of. 176. McIntosh, Fort, Treaty of, 25.
Newspaper, First in Ohio, 42; in 1$10. 67. New York, Cedes Her Claims to North- west Territory, 21. Northwest Territory, 25: Divided. 54; Its Legisture, 51, 55. North Bend, 40. Noyes, Edward F., Governor, Sketch of, 189. Nullification, Resolutions of, So.
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Ohio River, La Salle Discovers, 10; Dangers of Travel On, 41; First Steamboat On, 70. Ohio Land Company, 12, 14. Ohio Company of Associates, 33.
Ohio, State of, Admitted to the Union, 59; First Officers of, 60; Her Progress, 88; Third on Census Roll, 130; First Political Im- pression. 132; In the Mexican War, 186; At the Opening of the Rebellion, 151; Record in the Rebellion, 16'; Number of Soldiers Furnished, 162.
Ordinance of 1787, 26; Its Author, 27; Reprint of, 195.
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Paris, Treaty of, 15; 23. Parsons, Samuel Holden. 31.
Perry, Oliver H. Commodore, Victory on Lake Erie, 81; His Message to Gen. Harrison, 83.
Pillory. 49. Pickawillany, First English Settlement in Ohio, 12.
Politics, Early, 56.
Putnam, Rufus General, 33; Leads Emigrants, 34; Arrives at Marietta, 35.
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Railroad, First incorporated, 131. Reemelin, Charles, 142.
Republican Party, Organization of, 146. Reserve, Western, 24; Its Pioneers, 43; Connecticut Relinquishes Her Title to, 51.
Scioto County Organized, 61. Scioto Salt Works, 57. Scioto Company, 41. .
Shannon, Wilson, Governor, Sketch of, 178. Schools, Establishment and History of, 105. Scott, General, Marches Against the Indians, 44. Sentinel, The, of the Northwest Terri- tory, 49. Slavery in the Northwest Territory, 52. Stocks, 50.
State House, Corner Stone Laid, 129. Stanberry, Henry, 142. Stephenson, Fort, Defense of, 76. Steubenville, Incorporated, 69. Springfield, Incorporated, 69. St. Clairsville, Incorporated, 69. Stamwix, Fort, Treaty of, 25.
St. Clair, Arthur General, Appointed Governor of Northwest Ter- ritory, 27; Arrives at For: Harmar, 27; His Address a: Marietta, 23; Sketch of, 29: Arrives at For' Washington, 40: His Defeat, 46: His Legislation, 49; Opposition to, 53; Charges Preferred Against, 58; Removed. 58; Refuses to be a Candidate for Governor, 60.
Synmes, John Cleves, 32; his pur- chase, 39; his settlement, 40.
Tiffin, Edward, first Governor, 60; sketch of, 167. Tod, David, Governor, 153; sketch of, 181. Toledo War, 122; settled, 129. Towns, Early, 43.
Tupper, Edward General, 73.
Trimble, Alen, Governor Sketch of, 175 Triumvirate, The Radical, 150. Transportation, Early, 55.
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United States, Bank of, 85; Legislation Against, 86. Union-Republican Party, 153.
Vallandigham, C. L., 152; Opposes the War for the Union, I'M; His Arrest and Banish- ment, 156, 157; Appeal made for him to Lincoln, 159; Lincoln's Answer, 159; Nominated for Gov. ernor, 159; His De! . at, 100. Vance Joseph, Governor, Sketch of, ITs. Varnum, James Mitchell, 31. Vermillion Sea, The, 10. Virginia, Cedes Hler Claims to the Northwest Territory, 24. Virginia Military District, 24.
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War of 1812, 71; Ohio's Part in, 81. War Governors, Meeting of, 161.
Wallace, Lewis General, Assumes Com- mand at Cincinnati, 151; His Address, 155.
Warren County Organized, 61.
Washington Fort, 10.
Washington, George, 14.
Washington, Lawrence. 12.
Washington, Augustine, 12.
Williamson's Expedition, 18.
Wilkinson General, 44.
Worthington Thomas, Opposes St. Clair, 58; Sketch of, 173.
Wood, Reuben Governor, Sketch of, 182. Wayne, Anthony General, 47.
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Young, Brigham, 116. Young, Thomas L., Governor, Sketch of, 191.
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Zanesville, Capital Removed to, 66; Removed from, 71.
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