USA > Ohio > Adams County > Caldwell's illustrated historical atlas of Adams County, Ohio. 1797-1880 > Part 3
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39
All il ese lands were vested in the Legislature, in trust, for the people tor school purposes.
COLLEGE TOWNSHIPS.
These land, are embraced in three townships, six miles square each. granted by Congress, two of them to the Ohio Com- pany, for the use of a college to be established within their pur- chase-an.l one for the use of the inhabitants of Symmes' pur- chase.
The two in the Ohio Company's purchase, aro situated near the center of Athens county, and constitute a considerable part of the permanent funds of the Ohio University at Athens. That one belonging to Symmes' purchase, composes the worth-western township in Butler county. Its income is appropriated to tho Miami University, which is erected thereon. This university was chartered in 1809, and located in the town of Oxford, which is . sithated in the foregoing township of land, granted by Congress for its support.
These lands were really no donation, but were a part of the considerations inducing the Ohio Company und J. C. Symmes to makr their purchases,
MINISTERIAL LANDS.
In both the Ohio Company's and Sommes purchase, every
M'ction 20 -- equal to oue thirty-sixth part of every township-wax reserved as a permanent fand. for the support of'n settled minis- ter. As the purchasers of these two tracts came from parts of the union where it was customary und deemed necessary to have a regn or setthe Telergyman in every town, they therefore. stipu- lated in die. riginal purchase, that a permanent fund, in land, should thus be set apart for this purpose. In no other part of tlie State than in these two purchases, are any lands set apart for this purpose.
SALT SECTIONS.
Near the centre of Jackson county, Congress originally re- served from sale, thirty-sixsections, orone six mile square township around and including what was called the Scioto Salt Licks, also one quarter of a tive mile square township in what is now Delaware county, in all, forty-two and a quarter sections, or 27,- 010 arres. By an act of Congress, of the 28th of December, 1824, the Legislature of Ohio was authorized to sell these lands, and apply the proceeds thereof, to sneh literary purposes as the Leg- islature may think proper, but to no other purpose whatever.
VIRGINIA MILITARY LANDS.
This is one of the largest and most important reservations of lands made by the States which ceded territorities to the general government. {
This traet of land is situated between the Little Miami and Scioto rivers. It embraces within its limits, Adams, Brown, Clermont, Clinton, Fayette, Highland, Madison and Union coun- ties, entirely, and portions of Marion, Delaware, Franklin, Picka- way, Ross, Pike, Scioto, Warren, Greene, Clark, Champaign, Logan and llardin. It embraces a body of 6,570 square miles, or 4,201,800 acres of land.
As stated elsewhere, Virginia had, during the progress of the . revolutionary war, promised her officers and soldiers serving in the continental line, large bounties in land. When she ceded her territory north-west of the Ohio to the general government, she reserved enough of the land to fultill her engagements with her troops who had served in the continental army. Hence the name, "Virginia Military Lands."
Nothwithstanding the United States had, after the cession by the several States, of their claims to the western territory, made several treaties with the Indians, by which their titles to their lands seemed to have been extinguished, yet the tribes still main- tained an attitude of extreme and relentless hostility, which con- tinned until after Wayne's victory in 1794, completely crushed their hopes and humble'l their pride.
It was while the Indians were still in this hostile attitude, that the first lodgement of the whites was made in Adams conu- ty, at Manchester . in 1791.
CHAPTER IHI.
THE PROSPECT BEFORE THE FIRST SETTLERS .- ORGANIZATION OF THE TERITORY .- FIRST OFFICERS .- SECOND GRADE OF TERRITORIAL GOVERNMENT .- EARLY LAWS .- CorETS .- EARLY SETTLEMENTS. -FIRST SETTLEMENT IN ADAMS COUNTV.
We can at this late day, but thintly imagine the outlook that presented itself to the view of the pioneers and their feelings, when they first landed upon the borders of the wilderness in which they were to make their homes.
Before them lay the boundless wilderness covered with a dense forest of trees that were in many places intorlaced and festooned with the wild grape vines, which also frequently cover- ed the smaller timber with their closely intertwined branches that . made an almost impenetrable canopy of green. Through these forests roamed conutless numbers of ferocious wild beasts, as well as the savage and cruel Indian, while beneath his feet lurked ven- omous reptiles.
A wilderness of great extext, presenting the virgin face of nature, unchanged by human cultivation or art, is one of the most sublime terrestrial objects which the Creator ever presented to the view of man.
One prominent feature. of a wilderness is its . solitude. Those who plunged into this forest left behind them not only the busy hnm of men, but domestic animal life generally. The parting rays of the sun did not receive the requiems of the feathered songsters of the grove, nor was the dawning of the carly moru, ushered in by the shirill clarion of the domestic fowls. The solitude of the night was interrupted only by the howl of the wolf, the melau- choly moan of the ill boding owl, or the shriek of the frightful panther. Even the faithful dog, the ouly steadfast companion of man among the brute creation, partook of the silence of the de- sert ; the discipline ofhis master forbid him to bark or move, but in obedience to his command, and his native sagacity, soon taught him the propriety of obedience to this severe government. The day was, if possible, more solitary than the night. The noise of the wild turkey, the croaking of the raven, or the wood-pecker tapping the hollow beech tree, did not much enliven the dreary
scene. The cravings of hunger often compelled him from day to day tosustain the fatigues of the chase. Eager In the pursuit of his game his too much excited immagination, sometimes presented him with the phantom of the object of his chase, in a bush, n log, or mossy bank, and occasioned him to waste a load of his ammuni- tion, more precious than gold, on a creature of his own brain, and he repaid himself the expense by making. a joke of his mistake. Ilis situation was not without its dangers. lle did not know at what tread his foot might bestung by a serpeut, at what moment he might be met by the formidable bear, or if in the evening, he knew not, on what limb of a tree, over his head, the murderous panther might be perched, in a squatting attitude, to drop down upon, and tear him to pieces in a moment. When watching a deer lick from his blind at night, the formidable, panther was often his rival in the saine business, and if by his growl, or other- wise, the man discovered the presence of his rival, the lord of the world always retired as speedilyjand seerefly as possible, leaving him the nndisturbed possession of the chance of game for he night. llis situation was perilous in the extreme. The bite . . a serpent, a broken limb, a wound of any kind, or sickness without medical skill, without those accommodations which wounds and sickness require, was a dreadful calamity.
ORGANIZATION OF THE TERRITORY.
The United States having secured title to the "Great North- west," Congress soon deemed it advisable to take the preliminary steps looking to the permanent establishment of civil goverment in the new and extensive territory of which that body had just become the legal custodian. Accordingly, after much mature de- liberation and careful consideration of the subject, as well as pro- longed discussion of the important questions involved. they, on the 13th of July, 1787, gave to the world the results of their delib- erations in "An ordinance for the government of the Territory of the United States north-west of the river Ohio," which has come to be best known as "The Ordinance of '87," sometimes also called "The Ordinance of Freedom." This ordinance was the funda- mental law.
FIRST OFFICERS OF THE TERRITORY.
Congress, in October, 1787, appointed General Authur St. Clair, Governor, Major Winthrop Sargent, Secretary, and James M. Varnum, Samuel H. Parsons, and John Armstrong, Judges of the Territory ; the latter of whom, however, having declined the appointment, Jobn Cleves Symmes was appointed in his stead in February, 1788. General St. Clair arrived at Marietta, and finding the Secretary and a majority of the Judges present, proceeded to organize the Territory. The Governor and the Judges-ora majority of them-were the sole legislative power during the ex- istence of the first grade of Territorial government. Such laws as were in force in any of the States and were deemed applicable to the condition of the people of the Territory, could be adopted by the Governor and Judges, and after publication, became oper- ntive, unless disapproved of by Congress to which body certified copies of all laws thus adopted had to be forwarded by the Secre tary of the Territory.
The further duty of the Judges, who were appointed to serve during good behavior, was to hold court four times a year, when- ever the business of the Territory required it, but not more than once a year in any one county. .
SECOND GRADE OF TERRITORIAL GOVERNMENT.
The "Ordinance of '87," provided that
"After it shall have been ascertained that five thousand fr white male inhabitants actual reside in the Territory, the seen: grade of Territorial government couldl of right, be established which provided for a Legislative council, and also an ciectis Ilouse of Representatives, the two composing the law-makin: power of the Territory, provided always that the Governor's als- sent to their acts was had. Ile possessed the absolute veto power. and no act of tho two liouses of the Legislature, even if passed by a unanimous vote in each branch, could become a law without his consent .- The conditions that authorized the second grade of Territorial government, however, did not exist until 1798, and i: was not really put in operation nutil September, 1799. after the first grade of government had existed for eleven years."
EARLELAWS OF THE TERRITORY.
.
. Tho first permanent settlement, being made at Marietta, the first formal organization of the government was made at that. place and the first laws for the new goverment were promulga- ted from there. .
The first settlers landed there April 7, 1788, and a secoml com- pany camo tho Ist of July following.
As St. Clair, who had been appointed Governor the preied- ing October, had not arrived, it beenme necessary to ereef a tem- porary government for their internal security. for which purpose, a set of laws was passed and published by being nailed to a tree in the village, and Return Jonathan Meigs was appointed to ad- minister them. This was the first code of written laws ever adopted iu Ohio, though what it was we are not informed.
12
HISTORICAL SKETCH OF ADAMS COUNTY, OHIO.
The first legal law was proclaimed July 25, 1588, and was en- titled " An act for regulating and establishing the milltla."
Quite a unmber of laws were necessarlly adopted and estab- lished during 1788 and the following year. From 1790 to 1795 they published sixty-four, thirty-four of them having been adopt- ed at Ciuetnuati during the months of June, July, and August of the last named year, by the Governor and Judges Symines and 'I'urner. They are known as the "Maxwell Code," from the mine of the publisher, and were intended, says the author of "Western Annals," to form a pretty complete body of statutory provisions." In 1798 eleven more were adopted. It was the pub- lished opiniun of the late Chief Justice Chase, "that it may be doubted whether any colony, at so early a period after its first establishment, ever had so good a codo of laws." Among thom was that "which provided that the common law of England, and all statutes in nid thereof, made previous to the fourth year of James 1. should be in full force within the Territory." Probably four-fifths of the laws adopted were selected from those in force in Pennsylvania : the others were mainly takeu from the statutes of Virginia and Massachusetts.
LOCAL COURTS AND COURT OFFICEUS.
Among the earliest laws adopted wasone which provided for the institution of a county court of commou pleas, to be com- posted of not less than three nor more than tive Judges, commis- sioned by the Governor, who were to hold two sessions in each year. Parsuant to its provisions, the first session of said court was held in and for Washington county, September 2, 1783. The Judges of the court were Gen. Rufus Putnam, Gen. Benjamin Tupper, and Col. Archibaldl Crary. Col. Return Jonathan Meigs was Clerk, and Col. Ebenezer Sproat was Sheriff. Elaborate de- tails of the opening of this, the first court held in the North-west Territory, have come down to us, showing it to have been a styl- ish, dignitied prucceding. Briefly, "a procession was formed at the Point (the junction of the Muskingum with the Ohio River) of the inhabitants and the officers from Fort Ilarmar, who escort- ed the Judge of the court, the Governor of the Territory, aud the Territorial Judges to the hall appropriated for that purpose, in the North-west block-honse in "Campus Martius." "The proces- sion," says Mitchener," was headed by the Sheriff, with drawa sword and baton of office." "After prayer by Rev. Manasseh Cntler. the court was organized by reading the commissions of the Julges, Clerk, and Sheriff: after which the Sheriff proclaimed that the court was open for the administration of even-handed justice to the poor and the rich, to the guilty and the innocent without respect of persons; none to be punished without a trial by their peers, and then in pursuance of the laws and evidence in the ense."
On the 23d day of August, 1738, a law was promulgated for establishing"general courts of quarter sessions of the peace." This court was composed of not less than three nor more than five Justices ot the Peace, appointed by the Governor, who were to hold four sessions in each year. The first session of this court. was held at "Campus Martins" September 9, 1788.' The commis- sion appointing the Judges thereof was read. Gen. Rufus Put- nam and Gen. Benjamin Tupper, says Mitebener, constituted the Justices of the quorum, and Isaac Pearce, Thomas Lord, and Re- turn Jonathan Meigs, Jr., the assistant Justices ; Col. Return Jon- athan Meigs. Sr .. was Clerk. Col. Ebenezer Sproat was Sheriff of Washington county fourteen years. The first grand jury of the North-west Territory was impanneled hy this court, and consisted of the following namel gentlemeu : William Stacey, (foreman). Nathaniel Cushing, Nathan Goodale, Charles Knowles, Anselm Tupper, Jonathan Stone, Oliver Rice, Ezra Lunt, John Matthews, Ingersoll, Jonathan Devol, Jethro Putnam, Samuel Steb- Cs, and Jabez True.
The first permanent settlement in the new Territory was made at Marietta, at the mouth of the Muskingum, by the Ohio Land Company. It was known as the "Muskingum Settlement."
Ou the 2d of July, a meeting of the directors and agents was held on the banks of the Muskingum, for the purpose of naming the new born city and its public squares. As yet the settlement had been merely "The Muskingum," but the name Marietta was now formaly given in honor of Maria Antoinette ; the square upon which the block house stood was named Campus Martius; the square No. 19, Capitolium; the square No. Gl, Cecilia; and the great road, the covert way, Sacra Via.
The second settlement was made at Cincinnati late in 1788. There were two or three different companies of emigrants that came soou after each other, but the day and hour in which the party came, that laid out the village that has grown up to be the prosent city of Cincinnati, is not with certainty known, although historians and writers have puzzled their brains over the question. for many a day. It appears to be settled that this party left Mays- ville on the 20th of January, 1783, but as it has failed to record tbe day of its arrival. writers have undertaken to estimate the amount of hindering causes ta navigation, such as ice and the bad woather usually occurring at that season of the year, but no two arrive at exactly the same conclusion. Therefore, cach reader must make his own calculation.
To ascertain the original price paid for the land on which the city stands is another question that has sorely perplexed writers
in their researches. Now we state that Mathias Denman, the orlg- inal purchaser, bought abont eight hundred arres, for which he pakl tive shillings per nere, in continental certificates, which were worth then, in specle, tive shillings ou the pound-so that the she- cie price per acre was tiftern pence. That sum multiplied by the number of acres w Il gis . the original cost of the plot of Cincin- nati.
The third settlement made In Ohio was at Manchester, Adams county, by Gen. Nathaniel Massie and a company of some twenty ur thirty families or persons who located where the upper part of the town now statidy. 1
The exact day upon which these firat emigrants pitched their tents there is not known, but it must have been the latter part of December, 1790, or early in January, 1791, for we learn that by the middle of March, of 1791, they had their cabins built und enclosed by a stockade that contained four or fivo acres of land.
We are aware that most writers say Gulliopalis was the third point settled in the State and they likewise givo the date as 1791. But this we think erroneous, because Massie's arrangements for a settlement being completed in the latter part of 1790, and his contract with his colonists being written and signed on the first day of December of that year, and those colonists living at no greater distance than Maysville, the inference is that but n brief time would elapse before they were on the ground.
This, in connection with the amount of Inbor they had per- formed by the middle of March, is conclusive evidence that they must have settled here in the very beginning of 1791, if not in the closing days of the preceding year.
Again, in regard to the Galliopolis settlement, which was made by Frenchmen, we learn that in May or June, 1783, Joel Barlow, an agent for the "Scioto Land Company," left this conn- try for Europe, "authorized to dispose of a very large body of land" in the West. In 1790, this gentleman distributed proposals in Paris for the sale of lands at five shillings per acre, which promised, says Volney, "a climate healthy and delightful ; scarce- ly such a thing as frost in winter; a river called by the way of eminence, 'The Beautiful,' abounding in tish of enormous size ; magnificent farests of a tree from which sugar flows, and a shrub which yields candles ; venison in abundance, without foxes, wolves, lions or tigers ; no taxes to pay ; no military curollments : no quarters to find for sol liers."
During the year 1791, says history, a considerable number of Frenchmen with deeds in their pockets for farms in this beautiful happy land, embarked for America, where they arrived in 1791 -92. From this the reader ean readily see whether Galliopolis was settled before Manchester. Besides, he can imagine the feel- ings of these poor foreigners, who had spent their all to reach this promised land, when they foand in addition to the disapointment of their anticipated expectations of its excellence, that those of whom they bought did not own a foot of it, and their deeds were worthless.
FIRST SETTLEMENT IN ADAMS COUNTY.
As stated elsewhere, in this work, Gea. Nathaniel Massic was largely interested in the sale of land in the Virginia military dis- trict, north of the Ohio river, as well as in surveying.
For his better security in surveying and also to start a trade in land, he was anxious to effect a settlement somewhere on these lands. As an inducement to start a colony, he offered to the first twenty-five persons that would join him in making a settlement, one inlot and one outlot in a new town he proposed lay off, also 100 acres of land somewhere in the country near the proposed towa. Thirty persons soon accepted his offer.
The following written coatrast was soon drawn and signed by the contracting parties :
"Articles of agreement between Nathaniel Massie, of oue part, and the several persous that have hereunto subscribed, of theother part, witnesseth, that the subseribers hereof doth oblige themselves to settle in the town laid off, on the northwest side of the Ohio. opposite the lower part of the two islands; and make said town, or the neighborhood, on the north west side of the Ohio, their per- manent seat of residence for two years from the date hereof; no subscriber shall absent himself for more than two months at a time, and during such absence furnish a strong, able-bodied man sufficient to bear arms at least equal to himself; no subsesiber shall absent himself the time above mentioned in case of actual danger, nor shall such absence be bat once a year; no subscriber shall absent himself in case of actual danger. er if absent shall re- turn immediately. Each of the subscribers doth oblige them- selves to comply with the rules and regulations that shall be agreed on by a majority thereof for the support of the settlement.
In consideration whereof, Nathaniel Massie doth bind and oblige himself, his heirs, &c., to make over and convey to such of the subscribers, that comply with the above mentioned conditions, at the expiration of two years, a good and sufficient title unto one inlot iu said town, containing five poles in front and eleven back, one outlot of four'aeres convenient to said town, in the bottom, which the said Massie is to put them in immediate possession of, also one hundred acres of land, which the snid Massie has showu to a part of the subscribers ; the conveyauce to be male to each of the subscribers, their heirs or assigns.
In witness whereof, each of the partles have hereunto set their hands and seals this Ist day of December, 1790. (Signed).
Nathaniel Massic. John Ellison.
John Lindsey. Allen Simmeral.
Wiliam Wade. John MeCutchen.
Jolin Black. Andrew Anderson.
Sammuel Smith.
Mathew llart.
Jesso Wethington.
Henry Nelson.
Josiah Wade.
John Peter Christopher Shanks.
Juhn Clark. James Allison.
Robert Ellison.
Thomas Stont.
Zephaminh Wade.
George Wade.
-
Although the offer of this bounty was to the first twenty-five that accepted the invitation, and history informs ns that thirty joined the colony, the contract ns given shows but nineteen signu- tures. Who the rest of the thirty were, or whether they received the bounty, we have no means of knowing. These men were doubtless the pioneer settlers of Adains county. They remained at Manchester, mostly In the stockade, for protection against the Indians, until after Wayne's victory over the Indians at Green- ville, August 20th, 1794.
These colonists then began to venture out to locate, settle, and improve their lunds. When a man lacated his hundred acres, he had the privilege of buying as much adjoining land as he had the means to purchase. In this way these first farias wero made of various sizes. These colonists mostly settled the section of coun- try called "Gift Ridge." It is very questionable in our minds whether there were any permanent settlements made in the inte- rior of the county, or outside of Manchester, previous to 1795 or '90, and probably but few were mado before 1797 or '93.
For the times and places of the first settlements in the county the reader is referred to the several township histories, as they appear in the work.
CHAPTER 1V.
ORGANIZATION OF COUNTIES-ADAMS COUNTY-ITS BOUNDARIES- TOPOGRAPHY-SOIL-PRODUCTIONS-COUNTY SEAT QUESTION.
ORGANIZATION OF COUNTIES.
The Governor contended that the ordinance of 1737 gave him the power to divide the territory into counties, appoint and cum- mission all officers, civil and military, below the rank of general officers, and that having the undisputed right to appoint and commission all officers, it therefore followed as a necessary conse- quence, that he had the power of sub-dividing the counties, and refused to sign any law which might be passed for the snb-divis- ion of conntics.
"The members of the Legislature admitted that the Governor had the power to appoint and commission all officers, below the rank of general officers, and to lay out the parts of the districts (territory) in which the Indian title had been extingnished, into connties and townships, subject, however, to such alterations ns may thereafter be made by the Legislature."
They contended that after he had done that, that his power was at an end. because the territory had already been laid off by him and organized into counties, and that part of the ordinance which gave the governor power to lay out the district into conn- tles closes with the words, "subject, however, to such alterations as may hereafter be made by the Legislature," and that power. for which he contended was a constructive one, not authorized by the constitution.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.