USA > Ohio > A history of the state of Ohio, natural and civil > Part 13
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The settlement at Marietta, suffered, some in the loss of cattle that were shot by arrows. Sometimes the cattle returned home with Indian arrows sticking in them. Robert Warth, was killed, in open day, in 1792, while cutting wood, in a field, near fort Harmar, and Mathew Kerr was killed in a canoe while crossing the mouth of Wolf creek. William Rogers, one of the spies, while returning from a scout, in company with another ranger, by the name of Henderson, was shot and killed, whereas Henderson escaped unhurt, with a bullet hole through his blanket, which hung loosely upon him. He escaped by outrunn- ing his pursuers.
In June 1792, Return J. Meigs, afterwards Governor of the state, and Postmaster General, of the United States, had a very narrow escape, when attacked by two Ind- ians. In company with young Mr. Meigs, were a Mr. Symonds, and a black boy, who had been hoeing in a corn field. The Indians had secreted themselves behind the path, near the Muskingum, on its west bank, where they had the river to cross. At a turn in the road our laborers having their backs towards the Indians, were fired upon. Symonds was shot in the shoulder, when Meigs rushed on the largest Indian with his tomahawk raised to throw it. Meigs rushed upon him and attempted to fire his gun at the savage, which missed fire. Mr. Meigs then partly knocked down the Indian, and escaped by plunging into the river and swimming it. The Indian threw his tomahawk at Meigs, which grazed its object. Sy- monds plunged into the river, and floated down to the fort, though one arm was useless in swimming. He was taken up by the men of fort Harmar, and eventually recover- ed of his wound. The black boy, twelve or fourteen years old, attempted to escape, but was tomahawked, killed and scalped by the Indians. Mr. Meigs saved his life by his daunt- less attack of the Indian, and when his gun missed fire, by knocking down his antagonist, and then out running the other Indian.
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These Indians were immediately pursued, by the spies, but gaining the adjacent hill, they escaped by flight.
During all these murderous attacks, very few of the Indians lost their lives. Henderson, the spy, killed one of three Indi- ans, in a company, on the Little Muskingum; and one was killed on Duck creek, about three miles from Marietta. Hamilton Kerr, a son of Mr. Kerr who was killed at the mouth of Duck creek, killed an Indian, also.
Although signs of Indians were often discovered near the settlements, and although, the Indians were pursued instantly afterwards, yet, being well acquainted with the country, they generally escaped unhurt. Another reason why the Indians escaped, is found in the fact, that Indians select their bravest, best warriors for such enterprises .-
John Armstrong, in April 1793, lived on the Virginia side of the Ohio river, opposite the upper end of Blannerhassett's Island. He owned the floating mill, which ground the grain raised on both sides of the river, any where near him. A par- ty of Indians, about twenty in number, crossed the Ohio, from. the mouth of the Little Hocking, twelve miles below Arm- strong's, secreted their canoes under the willows on the south- ern side of the river, and reaching the second bank, traveled, up the stream, until they were in sight of Armstrong's house, and there lay concealed through the day. In the night, they approached the house, watching it, during nearly all the night,, until the family were all asleep, when they made an attack, upon it, and killed Mrs. Armstrong, and three of her children .. Mr. Armstrong made his escape, and two of his sons, who slept. in the mill, were unmolested by the savages. Having killed Mrs.) Armstrong and her three youngest children, they carried off, captive, three older children; Elizabeth aged about eleven or twelve years, John about ten years old, and Jeremiah aged eight years. Having regained the hill from which they came, and marching westwardly, a mile or two, the Indians halted, formed a circle, around their three prisoners, and lighted their pipes. Speech after speech was made, in a low tone of voice, which the children did not then, understand, but which was after-
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wards explained to them by one of the Indians then present. The Indians were apprehensive of being pursued by the peo- ple of Belpre, early in the morning, as soon as Armstrong's mill should be visited; and it was contended, that one of the children, was too young, to travel fast enough, to keep up with the party. It was suggested, that now was the time to kill him. One Indian, however, who had led the child, seeing him jump over the logs, in his way, and otherwise, showing great activity and sprightliness, interposed his good offices, and even offered to carry Jeremiah on his back, should the child grow tired, on their march. This offer, saved his life, and, marching rapidly forward, they found their secreted canoes, crossed the river in them, and running them into the mouth of the Little Hocking, they there secreted them, ascended the bank, and gave the Indian yell, in token of success.
Hastening forward, they crossed over the high grounds, between the Little and Great Hocking and ascending the lat- ter, to, not far from where Lancaster now stands, they reached their encampment. Here they had left a young man, by the name of Cox, whom the same party had previously taken pris- oner, a few miles above Armstrong's, on the same side of the Ohio. He belonged to the Marietta settlement, and he and his brother had killed a deer, just above Parkersburgh, and one of them had returned to Marietta for a horse, on which to car- ry in their deer. When attacked, he had the deer, on his horse, carrying it home, when one of the young men was killed, by the Indians; but the other, with the horse and venison, was carried off by this same party of savages.
These Indians with their four prisoners, moved forward, from near where Lancaster is now, to Lower Sandusky. After run- ning the gauntlet, they were adopted into the Indian nation, as their children. Young Cox, made his escape from captivity in about six months after he was made a prisoner.
Elizabeth Armstrong was placed in the family of Simon Gir- ty, on the Maumee river. She was afterwards rescued from the Indians, at Detroit, went over into Canada, and there mar- ried a Mr. Dolson, on the river Thames. At Dolson's ferry,
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she lived a life of piety, and died lamented, a few years since. Her biography has been published by the Methodists, to whom she belonged.
John lived, some four years in an Indian family, at Browns- town, but finally left the Indians, and now resides in Licking county, Ohio. Jeremiah was recovered by his elder brother from Billy Wyandot, with whom he then lived. He now keeps a tavern, in Columbus. The two boys, had not their relatives taken them from the Indians, by force, at the end four years' captivity, never would have left the savages, so enamoured were they, of the Indian's mode of living.
In the meantime, from the 7th of April 1788 to the 3d of August 1795, during these Indian depredations and wars, the settlements on the Ohio Company's lands, increased gradually in numbers, and even in 1790, these settlements could muster four hundred and forty seven men, one hundred and three of whom, had families. As these heads of families were all young people, they had many children, who have made respectable citzens of the state, in which they were born.
At the commencement of the Indian war, these settlements, at times, suffered severely for the want of provisions. The war broke out before the settlers had cleared land enough on which, to raise their bread, which had to be procured at Pitts- burgh. It was a very hazardous business to navigate the Ohio river. Often were the boats taken by the enemy, and every one on board, destroyed by the Indians. And if the settlers attempted to clear new fields, they did it at the peril of their lives. Guarded by sentinels and carrying their arms, they hoed their corn fields. These dangers very nearly produced a famine, but, by the kind interposition of a benevolent Provi- dence, many of these men were preserved, to see Ohio, become a great, populous, powerful, and wealthy state; outnumbering, in population, all the states from whence they came. Sur- rounded as they were by numerous savage nations; settled as they had, in a spot far from the abodes of civilization, they were preserved from destruction, and formed a nucleus, around which, has grown up, this great and flourishing state, of one N
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million six hundred thousand people, within the short space of fifty years.
In the session of congress of 1800, the North Western Territory was divided into two territories. Ours, now con- stituting the states of Ohio and Michigan, retained the old name; but what are now, Indiana, Illinois and Wisconsin, was erected into a territory and called Indiana. The former, (or this territory ) contained eighty thousand square miles of surface, whereas Indiana as it then was, contained one hundred and eigh- ty thousand square miles. St. Clair continued to be the Gover- nor of this territory, but William H. Harrison, our then delegate to congress was appointed the first Governor of Indiana territory. Winthrop Sargeant, our first territorial Secretary, on being ap- pointed Governor of Mississippi Territory, resigned his office here, and we had Charles Willing Byrd, William Henry Har- rison and Francis Dunlevy, in succession as Secretaries. The Judges, too, were changed-John Armstrong never served, though appointed at first, with Messrs Varnum and Parsons. John Cleves Symmes was appointed in the room of Armstrong and retained his seat to the end of the territorial government.
When Indiana was erected into a territory Return J. Meigs became one of its Judges.
After Wayne's decisive victory, on the Maumee, in July 1794, the savages ceased to murder the whites. Spreading themselves over the territory, they hunted where they pleased, and often exchanged their furs, skins, fish, wild meats, sugar and honey, for our powder, lead, pork, bread and blankets. They became perfectly friendly to our people, or those who were not so, went over into Canada and settled there. From the British, they received annuities, as allies, and held them- selves in readiness to attack us, in case of a war between us and England.
At the end of the territorial government, the Indians own- ed about one fifth part of our territory, lying in its northwest- ern angle. At that time, only a small portion of our lands had been surveyed by the United States. And our settle- ments were weak, and the people were mostly poor. They
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did not want food after the war was over, as the country pro- duced a never failing abundance. It is hardly possible for any one, who now, for the first time, sees this country, to imagine one half the hardships to which the settlers were then subject- ed; but " the times have changed, and we have changed with them."
The Indian war commenced, and the Governor was called off into that, as we have seen, until after he resigned the mil- itary command. During that period very little was done in the way of civil government.
In 1791, some French immigrants settled on the Ohio river at a place, which they appropriately called Gallipolis. They had been swindled out of about one hundred thousand crowns in silver, by a few arch knaves, who, visiting Paris, pretended to own a large tract of land, immediately adjoining on the west of "the Ohio company's land." There was, some few years since, one of the deeds of the pretended "Scioto land company" in existence among these innocent Frenchmen, and we saw it at Gallipolis, signed, JOEL BARLOW! These people lived at Gallipolis during the old Indian war, and suf- fered some from the Indians as well as from sickness, and ma- ny privations in a far wilderness. In consideration of losses by the swindlers, congress gave these settlers, twenty-four thou- sand acres of beautiful land at the "French grant," in Scioto county, and sold them all they wanted elsewhere, at a low price. Many of these immigrants, finding themselves imposed on, by the swindlers calling themselves the "Scioto land company" went off to Vincennes, Kaskaskia, St. Genevieve and St. Louis, and settled there. Some went to Philadelphia, and other places, so that those who remained, and petitioned congress for relief, succeeded very well in tarrying at their town on the Ohio river.
As we have already stated, on the 2d of January 1790, Hamilton county had been organized by the territorial gov- ernment, and the same authority made what is now Cincinnati, the seat of justice for that county. During the next seven years no new county was organized, but so many persons af-
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ter the Indian war was ended, settled along the Ohio river, opposite the white settlements above, opposite, and below Maysville, in Kentucky, that a county was organized where they had settled, and it was called Adams. This was done on the 10th day of July 1797. Settlers during the same pe- riod, had been crossing the Ohio, and settling on its west side, opposite Wheeling and Brooke county, in Virginia, this terri- tory was organized into a county, and called JEFFERSON county.
This was done on the 29th day of July 1797. In the mean time, the Scioto country had attracted the attention of the Virginians, and they had surveyed a great deal of their milita- ry lands, between the Scioto and Little Miami rivers. Gene- ral Nathaniel Massie, acting as the deputy of Colonel Rich- ard Anderson, the Surveyor General of this tract, was busily engaged in surveying and locating military warrants, during the very time of the Indian war, and immediately afterwards. In 1796 General Massie, assisted by Duncan McArthur (late governor of the state, and a general in the army of the Unit- ed States) laid out a town in a dense forest on the west side of the Scioto river, and called it CHILLICOTHE. The territo- rial Government organized a county on the Scioto, and called it Ross. This act passed on the 20th day of August 1798, and it made Chillicothe its seat of justice.
By this time many settlers had come into the state in many parts of it. In 1796 New Connecticut began to be settled. As early as 1796, a settlement was made at the mouth of Conneaut creek. Cleveland was laid out-the lands began to be surveyed in New Connecticut. The whole of that region was organized into a county, and called Trumbull. This act passed on the 6th day of December 1800. The Hocking country had been settling for some time, and on the 9th of December, Fairfield county was organized, and Lancaster was made its seat of justice. So dense and extensive had the pop- ulation become, opposite Wheeling and Wellsburgh, in Vir- ginia, that Jefferson county was divided, and the county of Belmont (it should be Beaumont) was organized and St Clairs-
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ville made its seat of justice. This act became a law on the 7th of September 1801.
During all the period from July 1788 to 1799, the popula- tion had only increased so as to enable the people to elect their house of representatives. During that period there was contest after contest between the judges and the governor. The people were dissatisfied with all parties, and they looked forward with anxiety to the time, when their numbers would be sufficient to enable them to have a voice in making their own laws. Having ascertained that they had five thousand free white males over the age of twenty-one years, in the whole North Western Territory, Governor St. Clair, on the 29th day of October 1798, issued his proclamation, directing the electors to elect representatives to a general assembly. This meeting of the representatives he ordered to be held at Cincinnati, on the 22d day of January 1799.
On the third Monday of December 1798, the people cheerfully obeyed this proclamation, and elected their repre- sentatives, who met when and where they were ordered to do.
The representatives so as aforesaid, assembled at Cincinnati, on the 22d of January, 1799, performed their duty, by nomi- nating ten persons. to the president, from whom he selected five, who were, in due season, appointed members of the legis- lative council, or upper house of assembly. This meeting of the people's representatives, on the 22d of January, having" nominated ten persons, as councilors, the governor prorogued the meeting to the 16th day of the next September, 1799, at at which time, he ordered them to appear at Cincinnati, then and there to hold a General Assembly, for enacting laws for the future government of the people of the territory.
During all the preceding period of the North Western Ter- ritory's existence, the people had been governed by laws made by the governor and judges, or by proclamations of the gover- nor. St. Clair claimed the right, under the act of congress which created the territory, to organize counties, to create offices and fill them, to license keepers of taverns and ferries,
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license attorneys at law, and commission all the military and civil officers. For every license and every commission he exacted large fees from those who received them. The peo- ple were excessively dissatisfied, at what they called, selling all the offices, to different individuals. The first license to keep a ferry, was granted to Robert Benham of Cincinnati, to be kept at that place, across the Ohio river. The governor created the office of attorney general, for the whole territory, and appointed his son, Arthur St. Clair, junior, to that office. This officer, and the clerk of the supreme court, went around the territory, from county to county, holding courts. But we hasten to an event, which the people of that day hailed with pleasure.
THE FIRST TERRITORIAL LEGISLATURE,
Began its session at Cincinnati on Monday the 16th day of September, 1799. The legislative council consisted of Jacob Burnet of Cincinnati, Henry Vanderburgh of Vincennes, now in Indiana, David Vance of Vanceville, in Jefferson county, and Robert Oliver of Marietta.
Henry Vanderburg was elected president of the council, William C. Schenk, secretary.
George Howard, doorkeeper, and Abraham Cary, sergeant at arms.
The first house of representatives, under the Territoral gov- ernment consisted of William Goforth, William McMillan, John Smith, John Ludlow, Robert Benham, Aaron Cadwell and Isaac Martin from Hamilton county.
From Ross county, Thomas Worthington, Samuel Finley, Elias Langham, Edward Tiffin.
Wayne county, now state of Michigan, Solomon Sibley, Charles F. Chobert de Joncaire and Jacob Visger.
Adams county, Joseph Darlington, Nathaniel Massie.
Knox county, now Illinois, Shadrack Bond.
Jefferson county, in Ohio, James Pritchard.
Washington county, Return Jonathan Meigs.
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They elected Edward Tiffin Speaker; John Reilly, clerk; Joshua Rowland, door keeper, and Abraham Cary, sergeant at arms.
This was the first legislature, elected by the people, for the old North Western Territory, now embracing the states of Ohio, Indiana, Illinois, and Michigan; and Wisconsin Territory.
Being fully organized, both Houses were addressed by Gov- ernor St. Clair, on the 25th day of September 1799, in a speech, in which he brought forward all his peculiar views of govern- ing the territory. After adverting to the several objects which he recommended to their attention, he closed his speech by saying, " A large field of business has been here opened to› your view, gentlemen, and it calls for a patient, but I hope not a painful exercise of your faculities, and it may be added to, in the course of the session by occasional messages. (The governor was fond of them.) The providing for, and the regu- lating the lives and morals of the present and of the rising generation, for the repression of vice, and immorality, and for the protection of virtue and innocence, for the security of pro- perty, and the punishment of crimes, is a sublime employment. Every aid in my power will be afforded, and I hope we shall bear in mind, that the character and deportment of the people, and their happiness both here and hereafter, depend very much upon the genius and spirit of their laws."
AR. ST. CLAIR. 1
His excellency withdrew and the two houses separated.
On the next day, Jacob Burnet was appointed to prepare a. respectful answer to the governor's speech. On the 28th, Mr. Burnet had prepared and introduced his answer to the gov- ernor, and it was instantly agreed to and signed by their speaker.
Being sent to the House they concurred in it, and it was deliv- ered to St. Clair, who instantly replied to it. Joseph Carpen- ter, was appointed on the 30th day of September, public printer, and he was the first one, ever appointed to that office north- west of the Ohio river.
On the third day of October, both houses met, and elected
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a delegate to congress. William Henry Harrison, received eleven votes, and was elected. Arthur St. Clair junior, receiv- ed ten votes for the same office. This was St. Clair's son.
Harrison being the secretary of the territory at the time, resigned that office, and the governor took charge of his official papers, until a successor was appointed. Any act, which pass- ed both houses, was sent to the governor, for his approbation. If he approved, it was returned by him, to the house in which it originated, where it was signed by the committee of enroll- ment, the great seal of the territory was affixed to it, and then it was deposited with the governor, for safe keeping.
But if the act was not approved by the governor, he kept it in his possession until at the end of the session, he assigned his reasons for not approving it. In this way, St. Clair retain- ed the act regulating marriages, one regulating taverns, one to create the office of county surveyor, one to take the census of the eastern division of the territory, (all east of the Scioto river,) and all the acts for erecting new counties, or changing the lines of old ones. St. Clair, in true military style, said, in his proroguing speech, " it appears to me, that the erecting new counties, is the proper business of the executive." In as- signing his reasons for not approving the erection of the county of Clark, St. Clair expressed his doubts whether the people in it were able to support a county. And he expressed his belief that nearly every man in the county had signed the petition for it, and their number was only about one hundred. This territorial legislature, which commenced its session on the 16th day of September, continued to sit until the 19th of De- cember, when the governor, in true British style, prorogued them. During this term, of about three months, they passed about thirty public acts, many of them long and complicated ones. From these first laws of the territory, we have derived many of our present ones. Hence the value of Chase's stat- utes, in which volumes they are collected, and to which, we respectfully refer the reader. Near the close of the session, this general assembly, prepared an address to the people of the territory. It was drawn up by Return J. Meigs, of the
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house; after passing both branches of the legislature, it was signed by the president of the council, and speaker of the house, and countersigned by the clerk. Jacob Burnet who was a member of the council from Hamilton county, was the most efficient member of this first legislature, northwest of the Ohio river. He drafted the rules by which this legislature were governed, the address to the governor, and the address to the president of the United States. He drafted most of the complicated laws which passed both houses. The amount of his labors, is truly wonderful, when we compare them with the labors of members of our legislature. The amount of useful legislative labors, which were performed by Mr. Bur- net, during this session, was greater than is now performed by some whole general assemblies of the present times. These acts of the old territorial legislature, have had their effect on our system of laws, to the period in which this is written.
Jacob Burnet was born in Newark, New Jersey, educated at Princeton, in Nassau Hall where he regularly graduated. He studied law one year with Richard Stockton, Esquire; and the remainder of his time devoted to the study of his profession, preparatory to his admission to the bar, was spent with Elisha Boudinot, Esquire. Having completed his classical and legal studies, and on being admitted to the bar, as a lawyer, he im- migrated into the North Western Territory, and settled at Cincinnati, in 1796. He immediately rose into eminence in his profession. He attended the supreme court at Cincinnati, Marietta and Detroit, in each year. The judges, and their officers, to wit: Daniel Symmes their clerk, Arthur St. Clair the attorney general, and Mr. Burnet and other lawyers, tra- versed the country, then a dense forest, without a house, after they had left each town more than twenty miles. These judges, and their officers, traveled on horseback, from court to court, carrying with them, blankets, horse-feed and food for themselves. They camped out at night, in the woods, and there was neither tavern, bridge, ferry nor even a road, in their route. Starting at Cincinnati, they wended their way in
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