USA > Ohio > Coshocton County > History of Coshocton County, Ohio, its past and present, 1740-1881 > Part 11
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By such means Congress gained Indian titles to the vast realms north of the Ohio, and, a few months later, that legislation was cominenced that should determine the mode of its disposal and the plan of its settlements.
To facilitate the settlement of lands thus acquired, Congress, on May 20, 1785, passed an act for dispos- ing of lands in the Northwest Territory. Its main provisions were: A surveyor or surveyors should be appointed from the States; and a geographer, and his assistants to act with them. The surveyors were to divide the territory into townships of six miles square, by lines running due north and south, and east and west. The starting-place was to be on the Ohio River, at a point where the western boundary of Pennsylvania crossed it. This would give the first range, and the first township. As soon as seven townships were surveyed, the maps and plats of the same were to be sent to the Board of the Treasury, who would record them and proceed to place the land in the market, and so on with all the townships as fast as they could be prepared ready for sale. Each town- ship was to be divided into thirty-six sections, or lots. Out of these sections, numbers 8, 11, 26 and 29 were reserved for the use of the Government, and lot No. 16, for the establishment of a common- school fund. One-third of all mines and minerals was also reserved for the United States. Three townships on Lake Erie were reserved for the use of officers, men and others, refugees from Canada and from Nova Scotia, who were entitled to grauts of land. The Moravian Indians were also exempt from molestation, and guaranteed in their homes. Sol- diers' claims, and all others of a like nature, were also recognized, and land reserved for them.
Without waiting for the act of Congress, settlers had been pouring into the country, and, wheu or- dered by Congress to leave undisturbed Indian lands, refused to do so. They went into the In- dian country at their peril, however, and when driven out by the Indians could get no redress from the Government, even when life was lost.
The Indians on the Wabash made a treaty at Fort Finney, on the Miami, January 31, 1786, promising allegiance to the United States, and were allowed a reservation. Thistreaty did not include the Piankeshaws, as was at first intended. These, refusing to live peaceably, stirred up the Shawa- nees, who began a series of predatory excursions against the settlements. This led to an expedition against them and other restless tribes. Gen. Clarke commanded part of the army on that expedition,
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WILLIAM HENRY HARRISON.
I. N. GRANT.
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but got no farther than Vincennes, when, owing to the discontent of his Kentucky troops, he was obliged to return. Col. Benjamin Logan, how- ever, marched, at the head of four or five hundred mounted riflemen, into the Indian country, pene- trating as far as the head-waters of Mad River. He destroyed several towns, much corn, and took about eighty prisoners. Among these, was the chief of the nation, who was wantonly slain, greatly to Logan's regret, who could not restrain his men. His expedition taught the Indians sub- mission, and that they must adhere to their con- tracts.
Meanwhile, the difficulties of the navigation of the Mississippi arose. Spain would not relinquish the right to control the entire southern part of the river, allowing no free uavigation. She was secretly hoping to cause a revolt of the Western provinces, especially Kentucky, and openly favored such a move. She also claimed, by conquest, much of the land on the east side of the river. The slow move- ments of Congress; the failure of Virginia to properly protect Kentucky, and the inherent rest- lessness in some of the Western men, well-nigh precipitated matters, and, for a while, serious results were imminent. The Kentuckians, and, indeed, all the people of the West, were determined the river should be free, and even went so far as to raise a regiment, and foreibly seize Spanish prop- erty in the West. Great Britain stood ready, too, to aid the West should it succeed, providing it would make an alliance with her. But while the excitement was at its height, Washington coun- seled better ways and patience. The decisive tone of the new republic, though almost overwhelmed with a burden of debt, and with no credit, debarred the Spanish from too forcible measures to assert their claims, and held back the disloyal ones from attempting a revolt.
New York, Massachusetts and Connecticut ceded their lands, and now the United States were ready to fulfill their promises of land grants, to the sol- diers who had preserved the nation. This did much to heal the breael in the West, and restore confidence there; so that the Mississippi question was overlooked for a time, and Kentucky forgot her animosities.
The cession of their claims was the signal for the formation of land companies in the East ; com- panies whose object was to settle the Western coun- try, and, at the same time, enrich the founders of the companies. Some of these companies had been formed in the old colonial days, but the recent war
had put a stop to all their proceedings. Congress would not recognize their claims, and new com- panies, under old names, were the result. By such means, the Ohio Company emerged from the past, and, in 1786, took au active existence.
Benjamin Tupper, a Revolutionary soldier, and since then a government surveyor, who had been west as far as Pittsburgh, revived the question. He was prevented from prosecuting his surveys by hostile Indians, and returned to Massachusetts. He broached a plan to Gen. Rufus Putnam, as to the renewal of their memorial of 1783, which re- sulted in the publication of a plan, and inviting all those interested, to meet in February in their re- spective counties, and choose delegates to a con- vention to be held at the "Bunch-of-grapes Tav- ern." in Boston, on the first of March, 1786. On the day appointed, eleven persons appeared, and by the 3d of March an outline was drawn up, and subscriptions under it began at once. The leading features of the plan were : " A fund of $1,000,000, mainly in Continental certificates, was to be raised for the purpose of purchasing lands in the Western country; there were to be 1,000 shares of $1,000 each, and upon each share $10 in specie were to be paid for contingent expenses. One year's inter- est was to be appropriated to the charges of making a settlement, and assisting those unable to move without aid. The owners of every twenty shares were to choose an agent to represent them and attend to their interests, and the agents were to choose the directors. The plan was approved, and in a year's time from that date, the Company was organized."*
By the time this Company was organized, all claims of the colonies in the coveted territory were done away with by their deeds of cession, Connect- icut being the last.
While troubles were still existing south of the Ohio River, regarding the navigation of the Mis- sissippi, and many urged the formation of a sepa- rate, independent State, and while Congress and Washington were doing what they could to allay the feeling north of the Ohio, the New England associates were busily engaged, now that a Com- pany was formed, to obtain the land they wished to purchase. On the 8th of March, 1787, a meet- ing of the agents chose Gen. Parsons, Gen. Put- nam and the Rev. Mannasseh Cutler, Directors for the Company. The last selection was quite a fitting one for such an enterprise. Dr. Cutler was
« Historical Collections.
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HISTORY OF OHIO.
an accomplished scholar, an excellent gentleman, and a firm believer in freedom. In the choice of him as the agent of the Company, lies the fact, though unforeseen, of the beginning of anti-slavery in America. Through him the famous " compact of 1787," the true corner-stone of the Northwest, originated, and by him was safely passed. He was a good "wire-puller," too, and in this had an advantage. Mr. Hutchins was at this time the geographer for the United States, and was, prob- ably, the best-posted man in America regarding the West. Dr. Cutler learned from him that the most desirable portions were on the Muskingum River, north of the Ohio, and was advised by him to buy there if he could.
Congress wanted money badly, and many of the members favored the plan. The Southern mem- bers, generally, were hostile to it, as the Doctor would listen to no grant which did not embody the New England ideas in the charter. These members were finally won over, some bribery be- ing used, and some of their favorites made officers of the Territory, whose formation was now going on. This took time, however, and Dr. Cutler, be- coming impatient, declared they would purchase from some of the States, who held small traets in various parts of the West. This intimation brought the tardy ones to time, and, on the 23d of July, Congress authorized the Treasury Board to make the contract. On the 26th, Messrs. Cutler and Sargent, on behalf of the Company, stated in writing their conditions; and on the 27th, Con- gress referred their letter to the Board, and an order of the same date was obtained. Of this Dr. Cutler's journal says:
"By this grant we obtained near five millions of acres of land, amounting to $3,500,000; 1,500,- 000 acres for the Ohio Company, and the remainder for a private speculation, in which mauy of the principal characters of America are concerned. Without connecting this peculation, similar terms and advantages for the Ohio Company could not have been obtained."
Messrs. Cutler and Sargent at once closed a ver- bal contract with the Treasury Board, which was executed in form on the 27th of the next Octo- ber .*
By this contract, the vast region bounded on the south by the Ohio, west by the Scioto, east by the seventh range of townships then surveying, and north by a due west line, drawn from the north
boundary of the tenth township from the Ohio, direct to the Scioto, was sold to the Ohio associ- ates and their secret copartners, for $1 per acre, subject to a deduction of one-third for bad lands and other contingencies.
The whole tract was not, however, paid for nor taken by the Company-even their own portion of a million and a half acres, and extending west to the eighteenth range of townships, was not taken; and in 1792, the boundaries of the purchase proper were fixed as follows: the Ohio on the south, the seventh range of townships on the east, the six- teenth range on the west, and a line on the north so drawn as to make the grant 750,000 acres, be- sides reservations ; this grant being the portion which it was originally agreed the Company might enter into at once. In addition to this, 214,285 acres were granted as army bounties, under the resolutions of 1779 and 1780, and 100,000 acres as bounties to actual settlers; both of the latter tracts being within the original grant of 1787, and adjoining the purchase as before mentioned.
While these things were progressing, Congress was bringing into form an ordinance for the gov- ernment and social organization of the North- west Territory. Virginia made her cession in March, 1784, and during the month following the plan for the temporary government of the newly acquired territory came under discussion. On the 19th of April, Mr. Spaight, of North Carolina, moved to strike from the plan reported by Mr. Jefferson, the emancipationist of his day, a provis- ion for the prohibition of slavery north of the Ohio after the year 1800. The motion prevailed. From that day till the 23d, the plan was discussed and altered, and finally passed unanimously with the ex- ception of South Carolina. The South would have slavery, or defeat every measure. Thus this hide- ous monster early began to assert himself. By the proposed plan, the Territory was to have been divided into States by parallels of latitude and merid- ian lines. This division, it was thought, would make ten States, whose names were as follows, beginning at the northwest corner, and going southwardly : Sylvania, Michigania, Cheresonisus, Assenispia, Metropotamia, Illinoia, Saratoga, Washington, Polypotamia and Pelisipia .*
A more serious difficulty existed, however, to this plan, than its catalogue of names-the number of States and their boundaries. The root of the evil was in the resolution passed by Congress in October,
* Spark's Washington.
* Land Laws.
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1780, which fixed the size of the States to be formed from the ceded lands, at one hundred to one hundred and fifty miles square. The terms of that resolu- tion being called up both by Virginia and Massa- chusetts, further legislation was deemed necessary to change them. July 7, 1786, this subject came up in Congress, and a resolution passed in favor of a division into not less than three uor more than five States. Virginia, at the close of 1788, asseuted to this proposition, which became the basis upon which the division should be made. On the 29th of September, Congress having thus changed the plan for dividing the Northwestern Territory into ten States, proceeded again to consider the terms of an ordinance for the government of that region. At this juncture, the genius of Dr. Cutler displayed itself. A graduate in medicine, law and divinity ; an ardent lover of liberty ; a celebrated scientist, and an accomplished, portly gentleman, of whom the Southern senators said they had never before seen so fine a specimen from the New England colo- nies, no man was better prepared to form a govern- ment for the new Territory, than he. The Ohio Company was his real object. He was backed by them, and enough Continental money to purchase more than a million acres of land. This was aug- mented by other parties until, as has been noticed, he represented over five million acres. This would largely reduce the public debt. Jefferson aud Vir- ginia were regarded as authority concerning the land Virginia had just ceded to the General Gov- ernment. Jefferson's policy was to provide for the national credit, and still check the growth of slavery. Here was a good opportunity. Massachusetts owned the Territory of Maine, which she was crowd- ing into market. She opposed the opening of the Northwest. This stirred Virginia. The South caught the inspiration and rallied around the Old Dominion and Dr. Cutler. Thereby he gained the credit and good will of the South, an auxiliary he used to good purpose. Massachusetts could not vote against him, because many of the constituents of her members were interested in the Ohio Com- pany. Thus the Doctor, using all the arts of the lobbyist, was enabled to hold the situation. True to decper convictions, he dictated one of the most com- pact and finished documents of wise statesmanship that has ever adorned any statute-book. Jefferson gave it the term, "Articles of Compact," and rendered him valuable aid in its construction. This " Compact" preceded the Federal Constitution, in both of which are seen Jefferson's master-mind. Dr. Cutler followed closely the constitution of Mas-
sachusetts, adopted three years before. The prom- inent features were : The exclusion of slavery from the Territory forever. Provision for public schools, giving one township for a seminary, and every six- teenth section. (That gave one thirty-sixth of all the land for public education.) A provision pro- hibiting the adoption of any constitution or the enactment of any law that would nullify pre-exist- ing contracts.
The compact further declared that " Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall always be en- couraged."
The Doctor planted himself firmly on this plat- form, and would not yield. It was that or nothing. Unless they could make the land desirable, it was not wanted, and, taking his horse and buggy, he started for the Constitutional Convention in Phil- adelphia. His influence succeeded. On the 13th of July, 1787, the bill was put upon its passage and was unanimously adopted. Every member from the South voted for it; only one man, Mr. Yates, of New York, voted against the measure ; but as the vote was made by States, his vote was lost, and the " Compact of 1787 " was beyond re- peal. Thus the great States of the Northwest Territory were consecrated to freedom, intelligence and morality. This act was the opening step for freedom in America. Soon the South saw their blunder, and endeavored, by all their power, to re- peal the compact. In 1803, Congress referred it to a committee, of which John Randolph was chairman. He reported the ordinance was a com- pact and could not be repealed. Thus it stood, like a rock, iu the way of slavery, which still, in spite of these provisions, endeavored to plant that infernal institution in the West. Witness the early days of Ohio, Indiana and Illinois. But the compact could not be violated ; New England ideas could not be put down, and her sons stood ready to defend the soil of the West from that curse.
The passage of the ordinance and the grant of land to Dr. Cutler and his associates, were soon fol- lowed by a request from John Cleve Symmes, of New Jersey, for the country between the Miamis. Symmes had visited that part of the West in 1786, and, being pleased with the valleys of the Miamis, had applied to the Board of the Treasury for their purchase, as soon as they were open to set- tlement. The Board was empowered to act by Congress, and, in 1788, a contract was signed, giv- ing him the country he desired. The terms of his
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purchase were similar to those of the Ohio Com- pany. His applicatiou was followed by others, whose success or failure will appear in the narrative.
The New England or Ohio Company was all this time busily engaged perfecting its arrange- ments to occupy its lands. The Directors agreed to reserve 5,760 acres near the confluence of the Ohio and Muskingum for a city and commons, for the old ideas of the English plan of settling a country yet prevailed. A meeting of the Direct- ors was held at Bracket's tavern, in Boston, No- vember 23, 1787, when four surveyors, and twen- ty-two attendants, boat-builders, carpenters, black- smiths and common workmen, numbering in all forty persons, were engaged. Their tools were purchased, and wagons were obtained to transport them across the mountains. Gen. Rufus Putnam was made superintendent of the company, and Ebenezer Sproat, of Rhode Island, Anselm Tup- per and John Matthews, from Massachusetts, and R. J. Meigs, from Connecticut, as surveyors. At the same meeting, a suitable person to instruct them in religion, and prepare the way to open a school when needed, was selected. This was Rey. Daniel Storey, who became the first New England minis- ter in the Northwest.
The Indians were watching this outgrowth of affairs, and felt, from what they could learn in Ken- tucky, that they would be gradually surrounded by the whites. This they did not relish, by any means, and gave the settlements south of the Ohio no little uneasiness. It was thought best to hold another treaty with them. In the mean time, to insure peace, the Governor of Virginia, and Con- gress, placed troops at Venango, Forts Pitt and MeIntosh, and at Miami, Vincennes, Louisville, and Muskingum, and the militia of Kentucky were held in readiness should a sudden outbreak occur. These measures produced no results, save insuring the safety of the whites, and not until January, 1789, was Clarke able to carry out his plans. During that month, he held a meeting at Fort Harmar,* at the mouth of the Muskingum, where the New England Colony expected to locate.
The hostile character of the Indians did not deter the Ohio Company from carrying out its plans. In the winter of 1787, Gen. Rufus Put-
* Fort Harmar was built in 1785, by a detachment of United States soldiers, under command of Maj. John Doughty. It was named in honor of Col. Josiah Harmar, to whose regiment Maj. Doughty was attached. It was the first military post erected by the Americans within the limits of Ohio, except Fort Laurens, a temporary struct- ure built in 1778. When Marietta was founded it was the military post of that part of the country, and was for many years an impor- tant station.
nam and forty-seven pioneers advanced to the mouth of the Youghiogheny River, and began building a boat for transportation down the Ohio in the spring. The boat was the largest craft that had ever descended the river, and, in allusion to their Pilgrim Fathers, it was called the Mayflower. It was 45 feet long and 12 feet wide, and esti- mated at 50 tons burden. Truly a formidable affair for the time. The bows were raking and curved like a galley, and were strongly timbered. The sides were made bullet-proof, and it was covered with a deck roof. Capt. Devol, the first ship- builder in the West, was placed in command. On the 2d of April, the Mayflower was launched, and for five days the little band of pioneers sailed down the Monongahela and the Ohio, and, on the 7th, landed at the mouth of the Muskingum. There, opposite Fort Harmar, they chose a loca- tion, moored their boat for a temporary shelter, and began to erect houses for their occupation.
Thus was begun the first English settlement in the Ohio Valley. About the 1st of July, they were re-enforced by the arrival of a colony from Massachusetts. It had been nine weeks on the way. It had hauled its wagons and driven its stock to Wheeling, where, constructing flat-boats, it had floated down the river to the settlement.
In October preceding this occurrence, Arthur St. Clair had been appointed Governor of the Ter- ritory by Congress, which body also appointed Winthrop Sargent, Secretary, and Samuel H. Parsons, James M. Varnum and John Armstrong Judges. Subsequently Mr. Armstrong declined the appointment, and Mr. Symmes was given the vacancy. None of these were ou the ground when the first settlement was made, though the Judges came soon after. One of the first things the colony found necessary to do was to organize some form of government, whereby difficulties might be settled, though to the credit of the colony it may be said, that during the first three months of its existence but one difference arose, and that was settled by a compromise .* Indeed, hardly a better set of men for the purpose could have been selected. Washington wrote concerning this colony :
"No colony in America was ever settled under such favorable auspices as that which has com- meneed at the Muskingum. Information, prop- erty and strength will be its characteristics. I know many of the settlers personally, and there
*" Wostern Monthly Magazine."
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never were men better calculated to promote the welfare of such a community."
On the 2d of July, a meeting of the Directors and agents was held on the banks of the Mus- kingum for the purpose of naming the newborn city and its squares. As yet, the settlement had been merely "The Muskingum ;" but the name Marietta was now formally given it, in honor of Marie Antoinette. The square upon which the bloekhouses stood was called Campus Martius; Square No. 19, Capitolium; Square No. 61, Ce- cilia, and the great road running through the covert-way, Sacra Via .* Surely, classical scholars were not scarce in the colony.
On the Fourth, an oration was delivered by James M. Varnum, one of the Judges, and a public demonstration held. Five days after, the Governor arrived, and the colony began to assume form. The ordinance of 1787 provided two dis- tinet grades of government, under the first of which the whole power was under the Governor and the three Judges. This form was at once recognized on the arrival of St. Clair. The first law established by this court was passed on the 25th of July. It established and regulated the militia of the Territory. The next day after its publication, appeared the Governor's proclamation ereeting all the country that had been ceded by the Indians east of the Scioto River, into the county of Washington. Marietta was, of course, the county seat, and, from that day, went on prosperously. On September 2, the first court was held with beeoming ceremonies. It is thus related in the American Pioneer :
"The procession was formed at the Point (where the most of the settlers resided), in the following order: The High Sheriff, with his drawn sword; the citizens; the officers of the garrison at Fort Harmar; the members of the bar; the Supreme Judges; the Governor and clergyman ; the newly appointed Judges of the Court of Common Pleas, Gens. Rufus Putnam and Benjamin Tupper.
"They marched up the path that had been eleared through the forest to Campus Martius Hall (stockade), where the whole countermarched, and the Judges (Putnam and Tupper) took their seats. The clergyman, Rev. Dr. Cutler, then invoked the divine blessing. The Sheriff, Col. Ebenezer Sproat, proclaimed with his solemn 'Oh yes!' that a court is open for the administration of
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