History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley, Part 59

Author: Caldwell, J. A. (John Alexander) 1n; Newton, J. H., ed; Ohio Genealogical Society. 1n
Publication date: 1880
Publisher: Wheeling, W. Va. : Historical Pub. Co.
Number of Pages: 728

USA > Ohio > Jefferson County > History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley > Part 59
USA > Ohio > Belmont County > History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley > Part 59

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).

He left Fort Washington-now Cincinnati-with his legion in October, 1793. He, too, went north-west on Harmar's and - St. Clair's trails, building defenses as he moved on. At Green- ville, Darke County, he wintered and drilled his men. In June, 1794, he camped on St. Clair s battle-field. and buried the bones of six hundred soldiers, bleaching there since 1791. Here the confederated tribes disputed Wayne's further progress. Being reinforced by eleven hundred Kentuckians, his force now aggre- gated about three thousand men ; he soon routed the savages. and pushed on to the headquarters of the tribes at the junction of the Anglaize and Maumee rivers. They retreated along the Maumee forty miles to the rapids, where there was a British fort. Here they prepared for battle. Wayne offered peace without a fight in case they gave up the Ohio river as a bound- ary. A portion of the chiefs desired to do so, but the remain- der, under British influence, refused. On the 20th of August he moved on the enemy, who again retreated a short distance and fought him. His whole force being brought into action. soon routed them in every direction, leaving the battle-ground strewn with dead Indians, .. and British soldiers in disguise. General Wayne's loss was thirty-three killed, and one hundred wounded. The Indians in the battle numbered fourteen hin- dred, while the main body were not in action, being some two miles off; but hearing of the defeat, they all scattered to their homes, and Wayne laid waste their towns and corn-fields for fifty miles, thus ending the war.

In this battle were Simon Girty, Elliott, and McKee, who had, ever since their desertion from Fort Pitt, in 1778, been the main counsellors and leaders among the Shawanese, Wyan- dots, and Delawares, being assisted by the British garrisons in the region of the Sandusky and Detroit.

The net result of the Wayne campaign was a treaty of peace, which was made at the present Greenville, Darke County, Ohio. in the following August, (1795,) between the government, rep- resented by General Wayne, and the Shawanese, Delawares, Wyandots, Ottawas, Pottawatomies, Miamis, and other smaller tribes, at which about two-thirds of the present State of Ohio was ceded to the United States.

CIVIL GOVERNMENT OF THE NORTHWEST TERRITORY.

The United States having secured title to the "Great North- west," Congress soon deemed it advisable to take the prelimina- ry steps looking to the permanent establishment of civil govern- ment in the new and extensive territory of which that body had just become the legal custodian. Accordingly, after much mature deliberation and careful consideration of the subject, as well as prolonged discussion of the important questions involved, they, on on the 13th of July, 1787, gave to the world the results of their deliberations, in "An ordinance for the government of the l'er- ritory of the United States Northwest of the river Ohio," which has come to be best known as "The Ordinance of 'S7." Said or- dinance was the fundamental law, the Constitution, so to speak. of the great Northwest, upon which were based, and with which harmonized, all our territorial enactments, as well as all our sub- sequent State legislation, and. moreover, it is to that wise, states

162

HISTORY OF BELMONT AND JEFFERSON COUNTIES.

man-like document that we are indebted for much of our pros- perity and greatness.

FIRST OFFICERS OF THE TERRITORY-ARTHUR ST. CLAIR, FIRST GOVERNOR.

Congress, in October, 1787, appointed General Arthur St. Clair, Governor. Major Winthrop Sergeant, Secretary, and James M. Varnum, Samuel H. Parsons, and John Armstrong Judges of the Territory, the latter of whom, however, having declined the appointment, John Cleves Symmes was appointed in his stead in February, 1788. On the 9th of July, 1788, Governor St. Clair arrived at Marietta, and finding the Secretary and a majority of the Judges present, proceeded to organize the Territory. The Governor and Judges (or a majority of them ) were the sole leg- islative power during the existence of the first grade of Territo- rial government. Such laws as were in force in any of the States, and were deemed applicable to the condition of the peo- ple of the Territory, could be adopted by the Governor and Judges, and, after publication, became operative, unless disap- proved of by Congress, to which body certified copies of all laws thus adopted had to be forwarded by the Secretary of the Ter- ritory.

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.

General Arthur St. Clair served as Governor from 1788 to 1802. As Secretary of State, Winthrop Sargent served from 1788 to 1798 ; William H. Harrison, from 1798 to 1799; Charles Byrd, from 1799 to 1803. John Armstrong filled the office of Treasurer from 1792 to 1803. William H. Harrison was the Territorial Delegate in Congress from 1799 to 1800; William McMillan was his successor from 1800 to 1801; Panl Fearing served from 1801 to 1803.

TERRITORIAL LEGISLATION.

The first law was proclaimed July 25, 1788, and was entitled "An act for regulating and establishing the militia." Two days thereafter the Governor issued a proclamation establishing the county of Washington, which included all of the territory east of the Scioto river to which the Indian title had been extinguish- ed, reaching northward to Lake Erie, the Ohio river and the Pennsylvania line being its eastern boundary ; Marietta, the seat of the Territorial government, also becoming the county seat of Washington county.

Quite a number of laws were necessarily adopted and publish- ed during 1788 and the following year. From 1790 to 1795 they published sixty-four, thirty-four of them having been adopted at Cincinnati during the months of June, July, and August of the last named year, by the Governor and Judges Symmes and Turner. They are known as the "Maxwell Code," from the name 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 published opinion 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 code of laws." Among them was that "which provided that the common law of Eng- land, and all statutes in aid thereof, made previous to the fourth year of James I., should be in full foree within the Territory." Probably four-fifths of the laws adopted were selected from those in force in Pennsylvania; the others were mainly taken from the statutes of Virginia and Massachusetts.

SECOND GRADE OF TERRITORIAL LEGISLATION.

After it had been ascertained that five thousand free male in- habitants actually resided within the Territory, a second grade of Territorial government could, of right, be established, which provided for a Legislative Council, and also an elective House of Representatives, the two composing the law-making power of the Territory, provided always that the Governor's assent to their acts was had. He possessed the absolute veto power, and no act of the two houses of the Legislature, even if passed by a unanimons vote in each branch, could become a law without his consent.

In 1798, the Northwest Territory contained a population of five thousand adult male inhabitants, being the requisite num- ber to entitle the people to elect their legislators, under a prop- erty qualifieation of five hundred acres-as to the legislative council -- the representatives to serve two, and the council five years. In 1798, the territorial legislature was elected, and in

1799 was organized, and addressed by the Governor, after which the necessary laws were enacted-the whole number being thir- ty-seven, William Henry Harrison, Secretary of the Territory, was elected delegate to Congress.

This legislature held its first session at Cincinnati on the 22d of January, 1799, and adjourned to meet on the 16th of Septem- ber. It held its second session at Chillicothe on the first Mon- day of November, 1800, and adjourned December 9th.

The third session of the legislature began at Chillicothe No- vember 24th, 1801, and on the 23d of January, 1802, adjourned to meet at Cincinnati the following November; but the fourth session was never held.

FIRST COURTS OF THE TERRITORY.

The first court of common pleas in the Northwest Territory was opened on the 2d day of September, 1788, at Marietta. A procession was formed at the " Point, " (the junction of the Muskingum with the Ohio River), of the inhabitants, and the officers from Fort Harmar, who escorted the judges of the court of common pleas, the governor of the territory, and the sn- preme judges to the hall appropriated for that purpose, in the north-west blockhonse in " Campus Martius. "* The procession was headed by the sheriff, with drawn sword and baton of of- fice. After prayer by Rev. Nanasseh ('utler the court was then organized by reading the commissions of the judges, the clerk, and sheriff; after which the sheriff proclaimed the court open for the transaction of business.

The judges of the first court of common pleas were: Gen- eral Rufus Putnam, General Benjamin Tupper, and Colonel Archibald Crary. The clerk was Colonel R. J. Meigs; Colonel Ebenezer Sproat, sheriff. On the 9th day of September follow- ing, the court of general quarter sessions was held at " Campus Martius. " The commission appointing the judges thereof was read-General Rufus Putnam and General Benjamin Tupper constituted justices of the quorum, and Isaae Pearce, Thomas Lord, and R. J. Meigs, Jr., assistant justices ; Colonel R. J. Meigs, Sr., was appointed clerk. The first grand jury of the territory was then impaneled, viz .: William Stacey, foreman, Nathaniel Cushing, Nathan Goodale, Charles Knowles, Anslem Tupper, Jonathan Stone, Oliver Rice, Ezra Lunt, John Ma- thews. George Ingersoll, Jonathan Devol, Jethro Putnam, Sam- uel Stebbins, and Jabez True.

ORGANIZATION OF TERRITORIAL COUNTIES.

The first counties of Ohio were organized by proclamation of the governor of the territory.

The following is a list of the territorial counties organized within the limits of Ohio; also the date of organization, with their respective county seats :

Counties.

When proclaimed.

County Seats.

Washington ..

July 27, 1788.

Marietta.

Hamilton

January 2, 1790.

Cincinnati.

Wayne

August 15, 1796.

Detroit.

Adams.

July 10, 1797

Manchester.

Jefferson

July 29, 1797.

Steubenville,

Ross

August 20, 1797.

Chillicothe.

Trumbull.

July 10, 1800.

Warren.

Clermont

December 6, 1800

Williamsburg.

Fairfield

December 9, 1800.

New Lancaster.

Belmont

September 7, 1801.

St, Clairsville.

Jefferson and Belmont counties were therefore organized be- fore Ohio was admitted into the Union as a State, The extent of their limits when first organized is given in the history proper of each county.

EARLY TERRITORIAL VILLAGES AND TOWNS.

The following is a list of the principal villages and towns of the Northwest Territory, started and built up under Territorial rule, with the first survey of lots, together with the names of their proprietors :

Marietta-laid out in 1788 by Rufus Putnam and the Ohio Land Company.

Columbia -- laid out in 1788 by Benjamin Stites, Major Gano, and others.

* " Campus Martius " was the name given to the stockade erected by the first settlers.

MAP OF

BELMONT

co.

Co.

Jefferson Co.

Pleasant

Colerain

rington

Uniontown

LERAYN.

It.

Co.

Sewellsville

St. Clairsville

Bridge Port I

R.R.

Lovasville

Kirkwood

KIRKWOOD

National

fa Hendrysburg

-Burra Mills

Warnock na P. O.

MITH

BURTON

GO S

Centerville

R. R.

Co.

Moundsville

Somer

New

Castle

WASHINGTONPAST

Powhatan Point.

Co.

MAP SHOWING THE STREAMS AND WATERSHEDS OF BELMONT COUNTY.

FLUSHING

Colerain

Flushing

Sim UNIONTOWN

Pease

MARTINS FERRY

BRIDGE PORT

0,75 --

Richland

Kirkwood

RE MORRISTOWN)

Pultney

BELMOA

GOBELLAIRE

GLENCOE

Go,shen

Warreń

Smith da CENTERVILLE

LA BARNESVILLE

Mes

Washington

ARMSTRONGS

MOUNDSVILLE

Somer set

WATERSHEDS

IAM NEW CASTLE

Powhatan Point

Wheeling

Guernsey

A S Martin D

Ferry

to of P. C. & S T L . R. R.

Flushing

Grove

Morningt View

Bockhill Kennon po.

P E

Morristown

ELMON

Bart

Bellaire

LENCOER

Barnesville

BALTI MOR

Jacobs bu

South

TEIGEE

HUNTERS

B. &

SOMERSET

Arm strongs

Noble

Boston

ton

OHIO

R. A.

PUL

wester

MO.

Wheeling

WHEELING

STCLAIRSVILLE-

ANTICLINAL AXIS

Wayne

Harrison T Wheeling N

163

HISTORY OF BELMONT AND JEFFERSON COUNTIES.

Cincinnati-laid ont in 1789 by Robert Patterson, Matthias Denman, and Israel Ludlow.

Gallipolis-laid ont in 1791 by the French settlers.

Manchester-laid out in 1791 by Nathaniel Massio.

Hamilton-laid out in 1794 by Israel Undlow.

Dayton-laid ont in 1795 by Israel Undlow, and Generals Dayton and Wilkinson.

Franklinton-laid out in 1795 by William C. Schenck and Daniel C. Cooper.

Chillicothe-laid out in 1796 by Nathaniel Massie.

Cleveland-laid out in 1796 by Job V. Styles.

Franklin-laid out in 1797 by Lucas Sullivant.

Steubenville-laid out in 1798 by Bazaleel Weils and James Ross.

Williamsburg --- laid out in 1799.

Zanesville-laid out in 1799 by Jonathan Zane and John Mc- Intire.

New Lancaster-laid out in 1800 by Ebenezer Zane.

Warren-laid ont in 1801 by Ephraim Quinby.

St. Clairsville-laid ont in 1801 by David Newell.

ORGANIZATION OF THE STATE-CONSTITUTIONAL CONVENTION.

Congress, on the 30th of April, 1802, had passed an "act to enable the people of the eastern division of the Territory north- west of the river Ohio, to form a constitution and State govern- ment, and for the admission of snch state into the Union on an equal footing with the original States, and for other purposes. " In pursuance of the aforesaid enactment, an election had been ordered and held throughout the castern portion of the Terri- tory, and members of a Constitutional Convention chosen, who met at Chillicothe, on the first day of November, 1802, to per- form the duty assigned them. It completed its labors and ad- journed on the 29th of the same month.

Eight members of the convention had been members of the territorial legislature, which had adjourned to hold its fourth session ; but in consequence of the expected speedy termination of the territorial government, it was deemed inexpedient and unnecessary to hold the proposed session.

The territorial government was ended by the organization of the State government, March 3, 1803, pursuant to the provisions of a constitution formed at Chillicothe, November 29, 1802, by the following named gentlemen : Joseph Darlington, Israel Donalson and Thomas Kirker, of Adams county ; James Cald- well and Elijah Woods, of Belmont county; Philip Gatch and James Sargent, of Clermont county ; Henry Abrams and Eman- uel Carpenter, of Fairfield county ; John W. Browne, Charles Willing Byrd, Francis Dunlavy, William Goforth. John Kitch- ell, Jeremiah Morrow, John Paul, John Reily, John Smith and John Wilson, of Hamilton county; Rudolph Bair, George Humphrey, John Milligan, Nathan Updegraff and Bazaleel Wells, of Jefferson county ; Michael Baldwin, Edward Tiffin, James Grubb, Thomas Worthington and Nathaniel Massie, of Ross county ; David Abbott and Samuel Huntington, of Trum- bull county : Ephraim Cutler, Benjamin Ives Gilman, Rufus Putnam and John McIntire, of Washington county.

Joseph Darlington, of Adams county ; Francis Dunlavy, Jere- miah Morrow and John Smith, of Hamilton county ; John Milli- gan, of Jefferson connty ; Edward Tiffin and Thomas Worthing- ton, of Ross county ; and Ephraim Cutler, of Washington county, were the eight gentlemen of the last Territorial Legislature that were also elected members of the Constitutional Conven- tion.

HISTORY OF BELMONT COUNTY.

CHAPTER XIX.

ORIGINAL BOUNDARY OF BELMONT COUNTY.

Belmont was originally formed out of the counties of Wash- ington and Jefferson. The proclamation of the governor of the Northwest Territory, September 7, 1801, from which dates Belmont county's legal existence, prescribed its original boun- daries as follows :

"Beginning on the Ohio river, at the middle of the fourth township of the second range of townships, in the seven ranges, and running with the line between the third and fourth sections I-21-B. & J. Cos.

of that township west, to the western boundary of the said seven ranges ; thenee south with the said western boundary, to the middle of the fifth township, in the seventh range of town- ships; thence east with the line between the third and fourth sections of the fifth township, to the Ohio river, and from thence with the Ohio river to the place of beginning."

The above starting point is where the present line between Belmont and Jefferson intersects the Ohio river, the line running west, to the western line of the seventh range, extend- ed to the north-west corner of what is now Londonderry town- ship, Guernsey connty ; the line running south extended to the south-west corner of section 34 in what is now Elk township. Noble county, and nearly all of the eastern tier of townships of Guernsey and Noble counties were therefore included within the limits of Belmont; the south line extended through the southern portion of what is now Monroe county, and intersect- ed the Ohio river in the south-eastern part of Ohio township of said county.

CHANGES AFFECTING THE ORIGINAL LIMITS OF BELMONT COUNTY.

The original limits of Belmont county were subsequently affected by the formation of Guernsey and Monroe counties. The formation of Guernsey took from Belmont all that portion of its original territory which is now included within the limits of Noble county.

BOUNDARY OF GUERNSEY COUNTY, ORGANIZED JANUARY 31, 1810-TOOK EFFECT MARCH 1, SAME YEAR.

[Ohio Statutes, volume 8, page 93.]

SEC. 1. "That all that part of the counties of Muskingum and Belmont, within the following boundaries be, and the same is hereby, erected into a separate county, to be known by the name of Guernsey : beginning at the center of the fourth range on the line between the fourth and fifth tier of townships in said range, (of the United States Military lands); thence east with said line, to the western boundary of the seventh range ; thence south to the south-west corner of the county of Tosca- rawas ; thence east, through the center of the eleventh town- ship, of the seventh range (of Congress Lands) to the line be- tween the sixth and seventh ranges; thence sonth with said line, to the northern boundary of the county of Washington : thence west with the said boundary, through the center of the fifth township, of the seventh range, to the western line of said seventh range ; thence north, to the center of the sixth town- ship of the eighth range ; thence west, with the northern bound- ary of Washington county, to the line between the tenth and eleventh ranges ; thence north with the said line, to the south- ern boundary of the United States Military Lands ; thence west with the said line, to the south-west corner of the first township in the fourth range ; thence north, to the north-west corner of the third township of the fourth range ; thence east to the cen- ter of the fourth range ; thence north, to the place of beginning." "SEC. 2. That from and after the first day of March next, the said county of Guernsey shall be vested with all the privileges and immunities of a separate and distinct county."

BOUNDARY OF MONROE COUNTY, ORGANIZED JANUARY 29, 1813. [Ohio Statutes, volume 11, page 57. 1

"SEC. 1. That so much of the counties of Belmont, Washing- ton and Guernsey, as comes within the following boundaries, viz : beginning at the Ohio river in Belmont connty, on the town- ship line, between the third and fourth townships in the third range ; thence running west along the township line to the line running between the seventh and eighth ranges, in the county of Guernsey ; thence running sonth with said range line, to the line running between the fourth and fifth townships in the said seventh range ; thence east with said township line, to the Ohio river ; thence up said river, by and with the meanders thereof, to the place of beginning, be, and is hereby erected into a county. by the name of Monroe, to be organized whenever the legisla- ture shall hereafter think proper ; but to remain attached to the said counties of Belmont, Washington and Guernsey. as already by law provided, until said county of Monroe shall be organ- ized."

PRIMITIVE SETTLEMENTS AND BORDER INCIDENTS.

Events now held trivial, deepen their interest with the lapse of years and the inquiry as to what families first made settle- ment in Belmont rightly answered. will in time, afford no little

164

HISTORY OF BELMONT AND JEFFERSON COUNTIES.

satisfaction. The transmission from age to age of the details of early travel, primitive life, and laborious effort anticipates con- jecture, presents contrasts and stimulates emulation. Local his- tory traces human progress and natural changes.

Among its first settlers within the present limits of Belmont county was Captain Robert Kirkwood, of revolutionary memory. Ile had been a captain in the only regiment the state of Dela- ware was able to furnish in that war. At the defeat of ('amden, this regiment was reduced to a single company. It was there- fore impossible, under the rules, for Kirkwood to be promoted ; and he was under the mortification of beholding inferior officers in the regiments of other States, promoted over him, while he, with all his merit, was compelled to remain a captain, solely in consequence of the small force Delaware was enabled to main- tain in the service. He fought with distinguished galantry through the war, and was in the bloody battles of Camden, Hol- kirks, Eutaw and Ninety-six.

INDIAN ATTACK ON KIRKWOOD'S CABIN.

In the year 1789, he settled at Kirkwood, in what is now Pease township, built a cabin and began to open up a farm. A block-house was commenced in 1790, but not finished. Some- time in the spring of 1791, at night, about two hours before day, his cabin was attacked by a gang of Indians. Fortunately for the Captain and his family, a party of soldiers were staying with him for the night. The Indians began to attack by setting fire to the roof of the cabin, which was in full blaze when discovered by them (the whites). "Captain K. and his men commenced pushing off the roof, the indians at the same time firing upon them, from under cover of the block-house. Captain Biggs, on the first alarm. ran down the ladder into the room below, to get his rifle, when a ball entered a window and wounded him in the wrist. Soon the indians had surrounded the house, and attempt- ed to break in the door with their tomahawks. Those within braced it with puncheons from the floor. In the panic ot the moment, several of the men wished to escape from the cabin, but Captain K. silenced them with the threat of taking the life of the first man who made the attempt, asserting that the Indians would tomahawk them as fast as they left. The people of Wheeling, one mile distant, hearing the noise of the attack, fired a swivel, to encourage the defenders, although fearful of coming to the rescue. This enraged the Indians the more; they sent forth terific yells, and brought brush, piled it around the cabin, and set it on fire. Those within, in a measure smothered the flames, first with the water and milk in the house, and then with damp earth, from the door of the cabin. The fight was kept up about two hours, until dawn, when the Indians retreated. Had they attacked earlier, success would have resulted. The loss of the Indians, or their number, was unknown, only one was seen. He was in the act of climbing up the corner of the cabin, when he was discovered, let go his hold and fell. Seven of those within were wounded, and one, a Mr. Walker, mortally. He was a brave man. As he lay disabled and helpless, on his back, on the earth, he called out to the Indians in a taunting manner. He died in a few hours, and was buried the next day, at Wheeling, with military honors. A party of men, under General Benjamin Biggs, of West Liberty, went in pursuit of the Indians, but without success. A niece of Captain Kirkwood, during the attack, was on a visit about twenty miles distant, on Buffalo creek. In the night, she dreamed that the cabin was attacked and heard the guns. So strong an impression did it make, that she arose and rode down with all her speed to Wheeling, where she arrived two hours after sunrise.

After this affair, Captain Kirkwood moved with his family to Newark, Delaware. On his route, he met with some of St. Clair's troops, then on their way to Cincinnati. Exasperated at the Indians, for their attack upon his house, he accepted the command of a company of Delaware troops, was with them at the defeat of St. Clair, in the November following, where he fell, in a brave attempt to repel the enemy with the bayonet, and thus closed a career as honorable as it was unrewarded.

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History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley, Part 59

Author: Caldwell, J. A. (John Alexander) 1n; Newton, J. H., ed; Ohio Genealogical Society. 1n Publication date: 1880 Publisher: Wheeling, W. Va. : Historical Pub. Co. Number of Pages: 728

Author: Caldwell, J. A. (John Alexander) 1n; Newton, J. H., ed; Ohio Genealogical Society. 1n
Publication date: 1880
Publisher: Wheeling, W. Va. : Historical Pub. Co.
Number of Pages: 728