Century history of Youngstown and Mahoning County, Ohio, and representative citizens, 20th, Part 8

Author: Sanderson, Thomas W., comp
Publication date: 1907
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1074

USA > Ohio > Mahoning County > Youngstown > Century history of Youngstown and Mahoning County, Ohio, and representative citizens, 20th > Part 8

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On October 29th the committee reported that they "could not find any such distinction between the question of the jurisdiction of Congress and the merits of the cause as to recommend any decision upon the first separ- ately from the last."

Maryland then offered another resolution against the apportionment of vacant lands dur- ing the continuance of the war. This was voted against only by Virginia and North Carolina, New York being undecided. In December Vir- ginia addressed a remonstrance to Congress, protesting against the action of that body in hearing the petitions from the Indiana and Vandalia companies, as being a matter out- side the jurisdiction of that body, and assert- ing the rights of the claimant States to the lands described in their respective charters. She also called attention to the fact that she had already enacted a law to prevent further settlements on the northwest bank of the Ohio river. In addition, she declared herself willing to furnish lands northwest of the Ohio to the troops of the Continental establishment of such of the States as had not unappropriated lands for that purpose. "Indeed it was clear that a denial of the Western titles on the ground that the western lands belonged to the Crown, tended to subvert the very foundation on which Congress instructed its foreign representatives to stand while contending with England. France, and Spain for a westward extension

HISTORY OF MAHONING COUNTY

to the Mississippi." Thus Congress wisely kept clear of the Maryland doctrine and eventually worked out a solution of the Western question. on the principle of compromise and conces- sion."

NEW YORK MAKES THE FIRST CESSION.

New York led the way, in January, 1780, to a practical solution of the difficult question, by authorizing its delegates in Congress to limit and restrict its boundaries in the western parts by such lines and in such manner as they should judge to be expedient "with respect either to the jurisdiction, or right of soil or both; (2) that the territory so ceded shall be and inure for the use and benefit of such of the United States as shall become members of the Federal alliance of the said States, and for no other use or purpose whatever; (3) that such of the lands so ceded, as shall remain within the jurisdiction of the State, shall be surveyed, laid out, and disposed of only as Congress may direct."

This act, which was thought by Prof. Adams to be the direct result of Mary- land's influence, was the first of the State ces- sions and immediately changed the whole sit- uation. A committee to whom all the docu- ments in the case had been referred, on Sep- tember 6, 1780, submitted a report in which they declared that they had considered it "un- necessary to examine into the merits or policy of the instructions or declaration of the general assembly of Maryland, or of the remonstrance of the general assembly of Virginia, as they involve questions a discussion of which was declined, on mature consideration, when the articles of confederation were debated; nor in the opinion of the committee, can such ques- tions be now revived with any prospect of con- ciliation. That it appears more advisable to press upon those States which can remove the embarrassments respecting the western country a liberal surrender of a portion of their terri- torial claims, since they cannot be preserved entire without endangering the stability of the general confederacy ; to remind them how in-

dispensably necessary it is to establish the fed- eral union on a fixed and permanent basis, and on principles acceptable to all its respective members; how essential to public credit and confidence, to the support of the army, to the vigor of our councils, and success of our measures, to our tranquility at home, our repu- tation abroad, to our very existence as a free, sovereign, and independent people; that they are fully persuaded the wisdom of the respec- tive legislatures will lead them to a full and im- partial consideration of a subject so interesting to the United States, and so necessary to the happy establishment of the federal union; that they are confirmed in these expectations by a review of the before-mentioned act of the legis- lature of New York, submitted to their consid- eration; that this act is expressly calculated to accelerate the federal alliance by removing, as far as depends on that State, the impediment arising from the western country, and for that purpose to yield up a portion of territorial claim for the general benefit ;

"Resolved, That copies of the several pa- pers referred to the committee be transmitted, with a copy of the report, to the legislatures of the several States; and that it be earnestly recommended to those States who have claims to the western country to pass such laws, and give their delegates in Congress such powers, as may effectually remove the only obstacle to a final ratification of the articles of confedera- tion; and that the legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe to the Articles."

"This report," says Hinsdale, "was agreed to without call of the roll. Its adoption marks a memorable day in the history of the land con- troversy. No other document extant shows so clearly the wise policy that Congress adopted. That policy was neither to affirm nor to deny, nor even to discuss, whether Congress had jurisdiction over the wild lands, but to ask for cessions and to trust to the logic of events to work out the issue. The appeal made to Mary- land was one that she could not well refuse to heed. And then, that nothing but selfish in- terest might stand in the way of the other

AND REPRESENTATIVE CITIZENS

claimant States following the example of New York, Congress adopted, October 10th, this further resolution :

"Resolved, That the unappropriated lands that may be ceded or relinquished to the United States, by any particular State, pursuant to the recommendation of Congress of the sixth day of September last, shall be disposed of for the common benefit of the United States, and be settled or formed into distinct Republican States, which shall become members of the fed- eral union, and have the same rights of sover- eignty, freedom and independence as the other States: That each state which shall be so formed shall have a suitable extent of terri- tory, not less than one hundred or more than one hundred and fifty miles square, as near thereto as circumstances will admit: That the necessary and reasonable expenses which any particular State shall have incurred since the commencement of the present war, in subduing any British posts, or in maintaining forts and garrisons within and for the defence, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed ;

"That the said lands shall be granted or set- tled at such times and under such regulations as shall hereafter be agreed on by the United States in Congress assembled, or by any nine or more of them."

The papers sent to the claimant States under the resolution of September 6th called forth early responses. On October 10th, by a legislative act, Connecticut offered to cede lands within her charter limits, west of the Susquehanna purchase and east of the Mis- sissippi, on condition that the State retain the jurisdiction, the quantity of land so ceded to be "in just proportion of what shall be ceded and relinquished by the other States claiming and holding vacant lands as aforesaid," etc.

Virginia responded in January, 1781, by making conditional cessions of lands northwest of the Ohio, which action, though it left some things undecided, was followed, on February 2d, by the ratification of the Articles of Con- federation on the part of Maryland. The prin-

cipal condition insisted upon by Virginia was a guarantee of her remaining territory by the United States. This met with opposition from New York, who thought it unjust that she should be asked to guarantee the reserved ter- ritories of other states while receiving no guarantee of those which she had herself re- served, and it was some time before this mat- ter was satisfactorily adjusted.

UNCONDITIONAL CESSIONS URGED BY CONGRESS.

Committees were appointed by Congress early in 1781 to deal with all difficult questions arising out of the land issue, and as these ques- tions were many and complicated, they will not here be considered in detail. The committee reported in November, 1781, and among other things, their reports strongly urged Massa- chusetts and Connecticut to make an immedi- ate release of all their claims and pretentions to Western territory without condition or reser- vation. Virginia's cession was not accepted, by reason of the guarantee demanded, the validity of her claim being denied. She was also recommended to make an unconditional cession of all her claim to Western lands.

This report was never acted upon as a whole, and soon the land issue became com- plicated with other subjects, as the national finances.

TRIUMPH OF THE NATIONAL IDEA.

It would occupy too much space to follow the gradual growth of the national idea through all its phases to its culmination in the final and unconditional cessions of their territories by the claimant States to the national government. This result was gradually reached by a series of partial concessions and adjustments as the only final solution of the much-vexed question. Connecticut was the last to relinquish her claims. On September 14. 1786, she ceded to Congress all her "right. title, interest, jurisdic- tion, and claim to the lands northwest of the Ohio, excepting the Connecticut Western Re- serve." Of this tract jurisdictional claim was not ceded to the United States until May 30, 1800.

As long as the confederation lasted the

HISTORY OF MAHONING COUNTY

lands were not and could not be fully national- ized, as the Articles gave Congress no resources except such as came from the States. Ac- cordingly the deeds made to the United States stipulated that the lands and their proceeds

should be distributed among all the States in the Union; and this was the principle upon which the land act of 1785 was based. When the Constitution went into effect it fully nation- alized the public domain.

CHAPTER X

SALE OF THE WESTERN RESERVE

Division into Townships-The Parsons Purchase-The Fire Lands-The Act of 1795- Sales to the Connecticut Land Company.

By the cession of September, 1786, Con- necticut yielded all her claims south of the 4Ist degree of north latitude, and west of a line 120 miles from the west line of Pennsylvania. She had left the Western Reserve, which had thus been shorn of its original extension to the Mis- sissippi River. Even to this her title was ques- tionable and was not admitted anywhere out- side of Connecticut. To strengthen it she re- solved upon immediate occupancy, and soon after the cession, offered for sale all that por- tion of her reserved territories lying west of Pennsylvania, and east of the Cuyahoga and the portage path leading from that river to the Tuscarawas branch of the Muskingum.

It was provided that the territory should be divided as nearly as possible into townships of six miles square ; that six tiers of townships should be laid out parallel with the west line of Pennsylvania ; that the range of townships next to that State should be designated as the first tier, and so on to the west in numerical order. It was provided also that the townships should be numbered from north to south, No. I of each tier beginning at Lake Erie. A com- mittee of three persons was appointed to make sale. The land was to be sold at not less than three shillings an acre, which was about equal to fifty cents of our present money. The price

of a township was put at twenty-seven dollars in specie. It was provided that in each town- ship 500 acres of good land were to be reserved for the support of the Gospel ministry, and 500 acres more for the support of schools in each town forever ; and 240 acres were to be granted in fee simple to the first Gospel minister who should settle in such town. The general as- sembly agreed to guarantee the preservation of peace and good order among the settlers.

At the next term of the Assembly, held at Hartford in May, 1787, some changes were made in the Resolutions, whereby it was pro- vided that the townships should be numbered from south to north, instead of in the reverse order, as at first proposed; also that the Gov- ernor of the State should execute a patent of any town bought to the purchaser, on presen- tation of the necessary certificates from the committee, the same to be countersigned by the secretary and registered in his office. The committee were further authorized to lay out one or more tiers east of the Cuyahoga, in ad- dition to the six tiers authorized by the former resolution.

THE PARSONS PURCHASE.

General Samuel H. Parsons of Middletown, Connecticut, was the only purchaser of lands

HISTORY OF MAHONING COUNTY

in the Reserve until the sale to the Connecticut Land Company in 1795. His patent was exe- cuted February 10, 1788, the lands he pur- chased being known later as the Salt Springs Tract. General Parsons, who had previously explored the country, selected this tract on ac- count of the existence thereon of saline springs, where the manufacture of salt had long been carried on in a crude way by the Indians and white traders. The salt was obtained by boil- ing the water in kettles; but so small was the proportion of salt in the water and so slow the process of manufacture by the crude methods employed, that the price of the commercial article for a long time was over six dollars per bushel. Although the lines of the tract were not yet run out, General Parsons proceeded to make sale and to deed various undivided parts of it to different individuals.

"This patent," says Joseph Perkins, in an historical sketch of the Connecticut Land Com- pany ( Historical Collections of the Mahoning Valley, Vol. I, 1876), "was recorded in con- formity to a provision in the original resolution authorizing a sale in the Secretary's office in Connecticut. It will be seen also from the same resolves, that the State of Connecticut claimed an exclusive jurisdiction over this ter- ritory, as it is also a matter of history that im- mediately after, in the year 1788, the Governor of the Northwestern territory originated the county of Washington, and embraced all this territory within the limits of that county.

"The United States having thus set up a claim to the territory, General Parsons caused his patent to be recorded in the Recorder's of- fice, that county, as did likewise many of the subsequent purchasers from him of several par- cels of that tract. Still, as it was a doubtful question whether this territory was in fact in Washington County legally at any time, most, but not all of these deeds, were again recorded in Trumbull County, after its organization, and the United States had acquired unquestionable jurisdiction. In the year 1798, Jefferson County was carved out, a part of Washington County, and this territory embraced within its limits, and it so continued until the organi- zation of Trumbull County. During this period

two deeds of land in this tract were there re- corded which have never been recorded in Trumbull County. No taxes were ever effectu- ally imposed on any lands within the Connecti- cut Reserve until after the organization of Trumbull County, although there were some inhabitants in the territory before that period, yet they were left in a state of nature so far as civil government was concerned by the State of Connecticut, and but once were they dis- turbed by the United States, when the author- ities of Jefferson County sent Zenas Kimberly into this county to inquire into the situation of things with a view of taxation. As the people did not acknowledge the jurisdiction of the United States they beset him with laughter and ridicule until he left them, and no further effort was made to interfere with them until the ques- tion of jurisdiction was afterwards settled, and the county became an undoubted part of the northwest territory."

General Parsons was made one of the first three judges of the Northwest territory and subsequently became chief justice. He was drowned at Beaver Falls in November, 1789, while on his way from Marietta, where he made his home, to conclude a treaty of peace with the Indians on the Reserve. "His heirs, either on account of inability or lack of con- fidence in the speculation, failed to make the back payments, so that the patent, with all the deeds based upon it, was returned to the State."

THE "FIRE LANDS."

The British Army having wholly or par- tially destroyed several towns and villages in Connecticut during the Revolutionary War, a petition was sent to the legislature in 1791 by a large number of the inhabitants of Fairfield and Norfolk, praying for compensation for their losses thus sustained. "The legislature," says Whittlesey, "in their session in May, 1792, took up the report of their committee and released to the sufferers then alive whose names appeared on the list made, and where any were then dead, to their legal representatives and to their heirs and assigns forever, five hundred

AND REPRESENTATIVE CITIZENS

thousand acres of land, then belonging to the State, lying west of the State of Pennsylvania, bounding northerly on the shore of Lake Erie, beginning at the west line of said lands and ex- tending eastward to a line running northerly and southerly parallel to the east line of the tract belonging to the State, and extending the whole width of the land, and easterly so far as to make the quantity of five hundred thou- sand acres, to be divided among them in pro- portion to their several losses, to which grant was appended the names of all the original suf- ferers and the sum of their several losses. This grant, it may be observed, included none of the islands within the limits of the claim of Con- necticut in Lake Erie and north of the western part of the reserve." The land thus granted was known as the "Fire Lands," owing to the fact that most of the petitioners had suffered the destruction of their property by fire. It em- braced all of Huron and Erie counties and the township of Ruggles in Ashland County.

SALES TO THE CONNECTICUT LAND COMPANY.

The victory of Wayne at the battle of the Fallen Timber had given a new impulse to western emigration, which for some years previously had been held in check by the fear of Indian outbreaks. The fever of land specu- lation was raging all over New England, and the State of Connecticut now resolved to put the balance of her reserved lands upon the mar- ket. The resolution directing their sale was passed by the General Assembly at Hartford in May, 1795, and read as follows :

"Resolved, by this Assembly that a com- mittee be appointed to receive any proposals that may be made by any person or persons, whether inhabitants of the United States or others, for the purchase of the lands belonging to this State, lying west of the west line of Pennsylvania as claimed by said State, and the said committee are hereby fully authorized and empowered in the name and behalf of this State. to negotiate with any such person or per- sons on the subject of any such proposals. And also to form and complete any contract or con- tracts for the sale of said lands, and to make

and execute under their hand and seals, to the purchaser or purchasers, a deed or deeds duly authenticated, quitting on behalf of this State, all right, title, and interest, juridicial and terri- torial, in and to the said lands, to him or them and to his or their heirs, forever. That before the executing of such deed or deeds, the pur- chaser or purchasers shall give their personal note or bond, payable to the treasurer of this State, for the purchase money, carrying an in- terest of six per centum payable annually, to commence from the date thereof, or from such future period not exceeding two years from the date, as circumstances in the agreement of the committee may require, and as may be agreed on between them and the said purchaser or pur- chasers with good and sufficient sureties, in- habitants of this State, or with a sufficient de- posit of bank or other stock of the United States or of the particular States, which note or bond shall be taken payable at a period not more remote than five years from the date, or, if by annual installments, so that the last in- stallment be payable within ten years from the date, either in specie or in six per cent, three per cent, or deferred stock of the United States, at the discretion of the committee. That if the committee shall find that it will be most bene- ficial to the State or its citizens to form several contracts for the sale of said lands, they shall not consummate any of the said lands apart by themselves while the others lie in a train of negotiation only, but all the contracts which taken together shall comprise the whole quan- tity of the said lands shall be consummated to- gether, and the purchasers shall hold their re- spective parts or proportions as tenants in common of the whole tract or territory, and not in severalty. That said committee, in whatever manner they shall find it best to sell the said lands, whether by an entire contract or by several contracts, shall in no case be at lib- erty to sell the whole quantity for a principal sum less than one million of dollars in specie, or if day of payment be given, for a sum of less value than one million of dollars in specie with interest at six per cent per annum from the time of such sale."

The committee appointed by the Assembly

HISTORY OF MAHONING COUNTY.

. to negotiate the sale consisted of John Tread- well, James Wadsworth, Marvin Wait, Wil- liam Edmonds, Thomas Grosvenor, Aaron Austin, Elijah Hubbard and Sylvester Gilbert, one man from each of the eight counties of the State. It will be observed that the State did not guarantee a clear title to any purchaser, but merely offered a quit claim deed. This, however, did not deter Connecticut people, who believed in the validity of their State's claim, from purchasing the land, and the rage for land speculation was such that other purchasers were soon found. Sales were made to the ag- gregate amount of twelve hundred thousand dollars, the members of the committee entering into separate contracts with the individual pur- chasers, though in a few instances two or three of the purchasers associated together and took their deeds jointly. The names of the indi- viduals with the amount of their contracts were as follows :

Joseph Howland and Daniel L. Coit. $30.461

Elias Morgan and Daniel L. Coit. . 51,402

Caleb Atwater 22,846

Daniel Holbrook 8,750

Joseph Williams

15,23I

William Law

10,500

William Judd 16,250

Elisha Hyde and Uriah Tracy

57,400

James Johnston. 30,000

Samuel Mather, jr.

18,46I

Ephraim Kirby, Elijah Boardman, and Uriah Holmes, Jr 60,000

Solomon Griswold

10,000

Oliver Phelps and Gideon Granger, jr

80,000

William Hart 30,462

Henry Champion 2d 85.675

Asher Miller

34,000

Robert C. Johnson

60,000

Ephraim Root 42,000

Nehemiah Hubbard. jr

19.039

Solomon Cowles 10.000

Oliver Phelps

168,185

Asahel Hathaway

12,000

John Caldwell and Peleg Sanford. .. 1 5,000

Timothy Burr 15,23I

Luther Loomis and Ebenezer King, jr 44,318

William Lyman, John Stoddard and David King 24,730

Moses Cleveland

32,600

Samuel P. Lord

14,092

Roger Newbury, Enoch Perkins, and Jonathan Brace 38,000

Ephraim Starr 17,415

Sylvanus Griswold 1,683

Jabez Stocking and Joshua Stow. 11,423

Titus Street

22,846

James Ball, Aaron Olmstead and John Wiles 30,000

Pierpoint Edwards 60,000

Total $1,200,000

As no survey had yet been made it was im- possible to determine the number of acres to which each purchaser was entitled. Accord- ingly the committee of eight made out deeds to each of the purchasers or association of pur- chasers of as many twelve-hundred-thou- sandths in common of the entire tract as they had subscribed dollars.

These deeds were recorded in the office of the Secretary of State of Connecticut. They were afterwards transcribed into a book com- monly designated as the "Book of Drafts," and transferred to the Recorder's office at Warren: This book embraces all the proceedings of the Connecticut Land Company, so far as any his- tory of them is to be found in the State of Ohio. It does not appear that any part of the con- sideration was paid in hand. "Thus the State made final disposition of all her western lands except the tract purchased by General Parsons, which reverted in consequence of non-payment of the stipulated price. This tract was divided up and afterwards sold by order of the legis- lature, the deeds being issued by the Secretary of State."

CHAPTER XI

THE CONNECTICUT LAND COMPANY

Articles of Association-The Excess Company-The Company's Title Perfected-Ordinance of 1787-Extinction of the Indian Title-Survey of the Reserve-Quantity of Land in the Reserve-The Equalising Committee-Mode of Partition-The Drafts.

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Century history of Youngstown and Mahoning County, Ohio, and representative citizens, 20th, Part 8

Author: Sanderson, Thomas W., comp Publication date: 1907 Publisher: Chicago : Biographical Pub. Co. Number of Pages: 1074

Author: Sanderson, Thomas W., comp
Publication date: 1907
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1074