USA > Ohio > Trumbull County > Warren > Early settlement of Warren, Trumbull Co., Ohio > Part 3
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24
THE INDIANS PACIFIED.
to account for the deed.) No one molested him, or tried in any way to hinder him; it was probably best, and that most present knew, for although a very quiet and civil man, of as good moral character as any other, he was an efficient man in whatever he undertook to do.
This I saw, and I am the more particular because I have seen a different account of the transaction.
From that time all was confusion in the neighborhood. The whites, supposing that the Indians would be upon them for vengeance, gathered in squads for safety. They mostly met at Quinby's. All kept guard and lookout.
On Monday Mrs. Storer mounted her two horses with her three children, and what goods and clothing she could carry, and started for her former home, in Washington county, Pa., alone, except that Mr. Asahel Mills of Nelson, who was on his way to Beavertown, accompanied her as far as the latter place. The rest of her property was left to such care as a few friendly neighbors could give to it.
The report of the affray had spread like wildfire, and by three or four o'clock of the same day, it had brought Hillman, John Young-afterwards Judge-and some others to Warren.
Hillman, the Indian trader, had long been acquainted with Indians, and all were anxious for his advice and assistance.
They prevailed upon Hillman to follow the Indians, and make some arrangement with them.
A day or two afterwards, in company with, I believe, Mr. David Ran- dall, he took with him the wounded boy, and followed the trail of the Indians through the woods to their camp. They had been so much fright- ened that they dared not hunt, and when Hillman came in sight they fled to the woods, and even with the aid of the boy he found it difficult to induce the Indians to return to their camp. They, however, did return, and Hillman made with them a temporary arrangement, upon which the whites returned to their houses, and the Indians to their hunting.
Afterwards the United States officers made some final arrangement, with the particulars of which the writer is not acquainted.
At the time of that quarrel, the ordinary inhabitants were not aware of the existence of any organized government upon the Reserve.
The United States had claimed political jurisdiction, and had included a part of the Reserve, as far west as the Cuyahoga river, first in Washington county, in 1788, and afterwards in Jefferson county.
In 1796, Wayne County, Michigan, was extended over all of the Reserve, west of the Cuyahoga.
But until May 30, 1800, the Reserve was claimed as a part of the State of
25
1839454
MCMAHON'S TRIAL.
Connecticut, although that State had neglected to extend its laws over it. In 1792-1800, laws were passed by Connecticut, authorizing the cession of the political Jurisdiction to the United States, and Congress passed a law authorizing the President to convey to Connecticut for the benefit of its grantees, a title to the soil.
On the 30th May, 1800, deeds were exchanged. On the 10th July, 1800, Governor St. Clair erected Trumbull county, and soon afterwards organized it and appointed officers.
Until that time, the common citizens on the Reserve had supposed them- selves without any legally organized government.
. . James Hillman was appointed Sheriff, and John Young, presiding Judge of the County Court of Quarter Sessions.
Several Justices of the quorum were also appointed. and on the 25th of August, court was held, between E. Quinby's corn-cribs, where there is now a street before the house of Quinby-the Jer-Brooks residences.
Early in the September following, by order of Governor St. Clair, a court was held at Youngstown, by Judges of the General Court.
Return J. Meigs and the Governor in person, but not as a Judge, attended.
A jury was summoned by Sheriff and-law or no law, jurisdiction or not- Joseph McMahon was put upon his trial.
George Tod and some other lawyers were for the people. John S. Ed wards, and Benjamin Tappen, of the Territory, and Steel Sample, of Pitts- burgh, were for McMahon. The most of the facts which have been stated were given in evidence. After a full and fair trial the jury found McMahon not guilty of murder-for which he was indicted.
So far as appeared in evidence, all was brawl and talk, until George caught his tomahawk with the evident intention of burying it in the brains of McMahon.
The writer has heard that verdict rather severely criticised, but he has no doubt that it was in accordance with the law as generally applied to murder -the evidence being as there given. Moreover, those jurors would have compared favorably with jurors selected to try like cases at the present day.
Joseph and John Filles, two young men, who were at the Salt Springs during the fracas, some three days afterwards stayed at the house of the father of the writer. They both made a statement to us, which was never given in evidence, which would have been material to show George's motives; it was this: During the drunken scrape, George several times said that he had killed nineteen white men, and he wanted to kill one more to make an even number. But the Filles left for the Ohio, and were not at McMahon's trial.
GENERAL REVIEW OF TITLE.
ORIGIN OF TITLE.
There are several questions of interest, which might have arisen in the trial of McMahon and Storer, if they had been put upon trial, from the uncertainty of who or what political power had the real title to the Connecticut Western Reserve, or whether any law was in force upon it, at that time.
It is admitted by all, that Great Britain in 1664 owned the land between latitudes 41º N. and 42° 2' N,, and that Charles Second granted a territory, between those lines westward through- out the precinct from sea to sea, to the colonists of Connecticut, and claimed the title to it.
Between that time and 1763, the French king claimed the same land west of the Alleghany mountains.
Wars ensued. Great Britain was successful, and, by treaty in 1763, obtained a cession of all west to the Mississippi. Connec- ticut still continued her claim. In the treaty of peace, in 1783, Great Britain ceded to the United States all her possessions west to the Mississippi.
Many of the States forming the confederation in the United States claimed all the lands westerly of the settlements, as belonging to the United States by conquest, for a fund to pay the war debts, etc. The colonies having charters, claimed to the extent of their boundaries, and unless France really had title which she ceded to Great Britain in 1763, the colonies had good title under their charters, which was doubtful if France had title
27
A GOVERNMENT ESTABLISHED.
which she ceded to Great Britain, and upon which the crown could make title by conquest against its prior grants. However this might have been, Congress admitted the claims of the char- ter-colonies, and appealed to them for liberal grants for the bene- fit of the whole. New York responded and made a release of most of her western lands, March 1, 1781; Virginia, March 1, 1784 ; Massachusetts, 178-, and finally Connecticut executed her release of all her lands in her charter, lying west of a line par- allel with the Pennsylvania line, and one hundred and twenty miles west from it, September 13, 1786 -reserving what lay east of it, which constitutes the Connecticut Western Reserve, nearly three and a half millions of acres. Five hundred thousand acres of the west end of the Reserve, she appropriated to pay sufferers by fire, in the Revolutionary war, by act of her Legislature in the year 1792, and sold the residue to a company, September 5, 1795, which company surveyed the same, east of Cuyahoga, in 1796-7, and divided it and made actual settlement, sales, etc.
In the meantime, Arthur St. Clair, Governor of the territory north-west of the Ohio river, established a territorial govern- ment in 1788, and established counties.
Washington county extended up the Ohio from Scioto to Pennsylvania ; then with Pennsylvania to Lake Erie, and with it to Cuyahoga ; up it to the Tuscarawas, west to Scioto, and to the first beginning. A regular government was established, laws were enacted. In April, 1800, Congress passed a law authorizing the President to release all the United States claim to the right of soil to Connecticut for the use of its purchasers, if Connecticut would release all its claim of jurisdiction to the United States. The Legislature of Connecticut, the same winter, passed a law authorizing its Governor to release the said jurisdiction. Deeds of cession were executed according to these acts, and mutually exchanged the 30th May, 1800.
It seems pretty clear that Connecticut owned the Reserve land ; at least that she owned and was in possession of the political jur- isdiction up to May 30, 1800, but had always declined extending her laws over it.
28
FIRST DEED FROM CONNECTICUT.
The Territory had passed various laws for the government of the Territory ; but could those laws have any operation on the Reserve while Connecticut held the jurisdiction ?
It is believed not, nor afterwards until the law-making power should, by express legislation, have extended those laws over the territory of the Reserve.
Such is the usual custom of the United States when Congress purchases a territory. The laws of the United States are extended over it by express legislation, or new laws are made for the new government. The laws in force in the North- western Territory were made without the concurrence of any. person on the Reserve, and they were never extended over the Reserve by any express legislation.
The Superior Court of the Territory-Return J. Meigs and Joseph Gilman, judges-on the application of George Tod, Cal- vin Pease, Samuel Huntington, John S. Edwards and Benjamin Tappan to be admitted as lawyers, at Marietta, in October, 1800, decided that the Reserve had been part of Connecticut until the deeds in May were exchanged, and admitted them without further inquiry.
Then by what right, or by what law did the court at Youngstown, in September, 1800, try Joseph McMahon for killing the Indian at the Salt Springs in the last of July, 1800 ?
FIRST DEED FROM THE STATE, FEBRUARY, 1788, SALT SPRING TRACT, TRUMBULL COUNTY.
THE STATE OF CONNECTICUT, TO SAMUEL H. PARSONS.
The State of Connecticut, one of the United States of America, to all to whom these presents shall come, greeting :
WHEREAS, The State of Connecticut in General Court assembled, by their several acts passed on the second Thursday of October, one thousand seven hundred and eighty-six, and
29
BOUNDARIES.
on the second Thursday of May, one thousand seven hundred and eighty-seven, did resolve, direct, and order that the land belonging to said State, from the completion of the latitude forty-one, to the latitude forty-two degrees and two minutes north, and between Pennsylvania and a line drawn from the mouth of the Cuyahoga river, where the same falls into Lake Erie, and up the stream of said river to the Portage path; and thence by the Portage way to the head of the Muskingum river ; and thence by a straight line to the Tuscarawas, at the south- east corner of the Indian Reserve, and so southerly to the latitude of forty-one degrees north, should be sold; and did appoint, authorize, and empower Benjamin Huntington, John Chester, and Thaddeus Burr, Esquires, a committee to sell said land- townships of six miles square, or in part of townships-and,
Whereas said State in general court assembled, did resolve and order, that whenever a purchaser or purchasers should pro- cure a certificate from any one of said committee, that he or they have purchased and paid for any part of said lands, it shall be the duty of the Governor of said State of Connecticut, to execute a patent of such lands so purchased to the purchaser, or purchasers thereof.
And, whereas, Benjamin Huntington, Esquire, one of said committee, hath, pursuant to said resolves, certified to the Governor of said State of Connecticut, that Samuel Holden Par- sons, of Middletown, in the county of Middlesex, and State of Connecticut, Esquire, hath purchased of said committee and paid to him, said Benjamin Huntington the full amount thereof, a certain tract of land parcel of the lands ordered to be sold as aforesaid. And said Samuel Holden Parsons, Esquire, now moving for a patent and full confirmation of said land as purchased as aforesaid, now KNOW YE, That we, the State of Connecticut, in pursuance of the several acts, resolves and orders of the General Assembly before in these presents referred to-Do, by these presents, fully, freely, and absolutely GIVE, GRANT, RATIFY AND CONFIRM to the said Samuel Holden Parsons, Esquire, the lands within the following boundaries, viz: Beginning at the
30
SCHOOL AND MINISTERIAL RESERVES.
north-east corner of the first Township, in the third Range of town- ships ordered to be sold as aforesaid; thence running northerly in the west line of the second Range of said lands to latitude forty-one degrees and twelve minutes north; thence west three miles ; thence southerly parallel to the west line of Pennsylvania two miles and one-half; thence west three miles to the west line of said third range ; thence southerly parallel to the west line of Pennsylvania to the north line of the first Township in said third Range; thence east to the first boundary.
Said lands, before described, being the lands certified by said Benjamin Huntington, Esquire, to be purchased and paid for by said Samuel Holden Parsons, Esquire, and lying within the third Range of townships ordered to be sold as aforesaid. To have and to hold all the said granted and described premises, with the privileges and appurtenances thereof, unto him, the said Samuel Holden Parsons, his heirs and assigns, forever, as a clear and absolute estate in fee-simple, excepting the lands which are reserved to be sequestered for the use of the ministry and schools, agreeably to the acts and resolves of Assembly, before mentioned.
In witness whereof, the said State of Connecticut have caused these presents to be signed by the Governor and Secretary, and the seal of the said State to be hereunto affixed. Dated at Hart- ford, this tenth day of February, Anno Domini one thousand seven hundred and eighty-eight.
[Seal.]
SAMUEL HUNTINGTON, Governor. GEORGE WYLLIS, Secretary.
The lands mentioned in the within patent, as sequestered for the use of the ministry and schools, and reserved and excepted out of this patent, are one thousand acres only ; the remaining part of the lands within the boundaries of this patent being paid for by the patentee.
Certified this tenth day of February, one thousand, seven hun- dred and eighty-eight.
BENJAMIN HUNTINGTON, Committee. October 19, 1789.
A true record. Attest. ALBERT ENOCH PARSONS, Register.
31
CERTIFICATE.
THE STATE OF OHIO, ? SS.
WASHINGTON COUNTY. 1
The foregoing is a true copy of the original record as recorded in volume number one, at pages twenty-three and twenty-four. In witness of which, I hereto subscribe my name officially.
WILLIAM B. MASON, Recorder, W. Co., Ohio.
June 30, 1858.
SALT SPRING TRACT-ORIGINAL OWNERS.
GRANTOR. GRANTRE. PAGE. REMARKS. DATE OF DEED. Parsons, Sam'l H ..
1,240
Eliph Dyer.
1, 1,240 acres of within tract, Mar. 10, 1788
340
Eliph Dyer
2, 340
Mar. 10, 1788
1,111
Isaac Cowles 3, 1,111
Feb. 21, 1788
1,722
Oliver Ellsworth 4, 1,722
Mar. 10, 1788
4,413
Oliver Ellsworth 5, 18 part of 4,000 acres
Feb. 10, 1788
1,111
David Bull 6, 1,111 acres of Conn. tract .. Feb. 21, 1788
1,320
Timothy Hosmer 7, 1,320
Feb. 21, 1788
~ 900
Jonathan Hart. 8, 900
Feb. 21, 1788
3,331
William Judd 9, 687 Mar. 28, 1788
William Judd
10, 6-13 of the unsold land Feb. 21. 1788
555 Gad Wadsworth 11, 555 acres of Conn. tract .. Feb. 21, 1788
1,111
Noadiah Hooker 12, 1,111
Feb. 21. 1788
1,111 Will Wadsworth 13, 1,111
Feb. 21, 1788
500
Elijah Wadsworth 14, 500 44
Feb. 21, 1788
1,111
Solomon Whiting, Jr.15, 1,111
Feb. 21, 1788
555
Amos Porter 16, 555
Feb. 21, 1"88
395
Will Hillhouse 17, 395
Feb. 21, 1788
5,338
Enoch Parsons
21, All his right and title to Conn. lands
including Salt Spring,
Aug, 4, 1789
Matthew Carr
24, 8 acre lot.
Juiy 5, 1789
Richard Butier
25, 1% of 4,000 acres and 14 of Salt Spring.
Nov. 5, 1788
Richard Butler
35, Article of Agreement for making Salt
Jan. 14, 1789
Richard Butler.
39, 1% of 4,000 acres that I reserved of
Conn. lands.
.Nov. 5, 1788
Matthew Carr
44, 8 acre lot, mouth of Muskingum,
July 15, 1788
Moses Cleveland
F
156, 1,817 acres.
H
Joshua Stow
396, 1,726 acres.
In those marked thus -, a reservation of 4,000 acres around the Salt Spring is made.
13,082
GENERAL SAMUEL H. PARSONS.
Judge Parsons, named in the above deed, seems to have been an active, enterprising man, who had early examined the western country. He is mentioned in Hildreth's History, pp. 190 to 209; Burnet's Notes, p. 40.
He writes a letter December 20, 1785, to some persons, making inquiries about the country, saying he had been one hundred and fifty miles westerly of the Miami.
He was one of a committee to frame a treaty with the Shawnee Indians, and concluded it on the north bank of the Ohio at the Miami, Jan. 31, 1786. (See vol. of U. S. treaties.) He was one of the Ohio Company, formed by Manasseh Cutler, Rufus Put- nam, etc., in 1786-7, and was one of its directors. He was one of the first judges of the general court under the territory, and was active in organizing the territory.
Connecticut did not release her claim to western lands, lying one hundred and twenty miles west of Pennsylvania, until September 13, 1786.
The Legislature, at its session in October, 1786, made pro- vision for selling her Reserve lands east of Cuyahoga, and, as appears by the above deed, Parsons soon afterwards purchased of Connecticut about 25,000 acres of the Reserve lands.
When the writer first came to the Reserve, in April, 1800, it was the current report that Judge Parsons and his assignees, had made salt there ten or fifteen years.
The remains of foundations of cabins, of stone furnaces to hold salt-kettles, fragments of kettles for boiling salt, decayed timber and stumps, several acres of land run over and partly cleared-clearly indicated that the white man had several years before 1800, made settlement at those springs.
It is probable that Parsons was drowned on Beaver Falls, the the latter part of the year 1789, as he was re-elected or appointed
5
34
HIS DEATH.
a judge of the General Court, under the Constitution of the United States, August 4, 1789, and in the spring of 1790, Rufus Putnam was in his place as his successor. (Burnet, p. 40.)
The writer has just (1861, July 18,) seen a journal of the doings of the "Cincinnati," held at Philadelphia, Pa., May 4, 1794, in which it is stated that General Samuel Holden Parsons was drowned in Beaver Creek, Pa., in N. W. T., November 17, 1789, in attempting to pass the Falls in a canoe, one man only with him.
Born, May 14, 1737.
LAN 75
N. MANCHESTER, IAIDIARIA
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