USA > Ohio > Erie County > History of Erie County Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 4
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ACQUISITION OF LAND TITLES.
who was too ill to travel, together with her small children, and carried the others captives to Canada, but they were subsequently released."
After the surrender of Hull the inhabitants of this region were in a still more defenseless condition, and for mutual preservation and protection organ- ized a company of "Rangers," who were placed under command of Captain Cotton to stand guard at the block-house at Huron, and be in constant readi- ness for any emergency that might arise. They had not long to wait, how- ever, for one morning there appeared in the vicinity of Bull's Island a large body of Pottowatomies, and, being anxious to engage with them, the Rangers proceeded by boats to that place. The Indians watched them, unperceived, until they left the boats and went into the woods, after which they (the In- dians) destroyed the boats and started to overtake the Rangers. A conflict followed in which the savages were beaten and routed, but the whites suffered a serious loss in the killing of two of their number, Comrades Randall and Mingus, and the serious wounding of Jonas Lee. Their boats being destroyed, the Rangers were compelled to remain on the island for two days before relief boats reached them.
At the time of Hull's surrender, extensive preparations were making to relieve him and other western posts, particularly those on the Maumee, at Fort Wayne, and in Illinois. For this object three expeditions were marching, one of which was to scour the country hereabouts and drive out the hostile Indians, while the others were to proceed by other routes, each having a com- mon destination-the Rapids of the Maumee.
The expedition, however, failed of its purpose, and the relief hoped for was not secured ; and it is doubtful, indeed, whether, had the troops accomplished the march, any substantial benefit could have been acquired without a co-oper- ating naval force on the lakes.
Having summarized the leading events of this locality, it will not be nec- essary to relate the other incidents that occurred during this memorable war. The main battles were fought in the Eastern States, still the country of the Maumee, and to the north of it were not without several serious conflicts at arms. The sieges of Fort Meigs, and Perry's splendid achievement on Lake Erie, about twenty-five miles from Sandusky City, were the crowning events of this region. The American arms were, after three long years of strife, vic- torious, and with the close of this struggle America had fought her last battle with a foreign foe.
This last victory of the United States over Great Britain] brought lasting peace. Nothing now existed to disturb and hinder the tide of emigration west. From this time, substantially, dates the civil and social growth and develop- ment of this region of country, although the formal acts of civil organization had, years before, been accomplished.
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HISTORY OF ERIE COUNTY.
CHAPTER VII.
The Soil and Civil Jurisdiction of Ohio - The Connecticut Lands - The Western Reserve -- Connecticut Sufferers' or Firelands - Detailed Record of Their Organization - Laws-Acts and Explanations - Surveys - Dissolution of the Firelands Company -- Records Transferred to Huron County.
T HERE is unquestionably no subject of greater interest to the average resident of Erie county than the history of the soil and civil jurisdiction of that locality already named. And inasmuch as this county is embraced within the limits of what has been variously termed the "Connecticut Lands," the "Western Reserve," the "Connecticut Sufferers' Lands ".or " Firelands," the subject becomes doubly important to those whose ancestors may have been identified with the events that led to the donation of these lands for the pur- poses of compensating losses suffered at the hands of British soldiery.
And it is believed, too, there is no theme that has been more thoroughly discussed in pioneer assemblages, no subject upon which more has been writ- ten, and yet one that is as little understood as that - the leading subject of this chapter.
In order to make a clear and intelligent explanation of this important and interesting subject, there must be laid a proper foundation, which necessitates reference to the events of years much earlier than those in which the losses were suffered that gave rise to the names by which this region is designated.
In the following pages liberal quotations are made from such standard au- thorities as are extant upon the subject, and as much of the history bearing up- on it as is a matter of established law, those laws will be copied fully and free- ly whenever necessary, whether specially referred to at the time or not.
The first claimant to the soil of Ohio, and not only that but of America, as well, was the kingdom of France. This was a claim by right of discovery and exploration made by the adventurous M. de La Salle, who traversed the coun- try far and wide, taking possession of each region in the name of his king.
England set up a like claim and finally the two became involved in the French and English War, and by it France was deprived of all title and there- after our country was under absolute British rule for something over twenty years.
The result of the Revolutionary War overthrew and ended the rule of Great Britain and vested in the United States, as conqueror, this vast domain.
But during the rule of the aforementioned sovereign powers, charters, grants and patents of immense tracts were made, either as a reward of fealty or for consideration ; and after the United States had become the acknowledged owner conflicting claims of title in many localities arose, but happily most of them
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EARLY LAND CLAIMANTS.
were settled without recourse to arms. Some of these so far as they relate to the territory of Ohio, it is proposed to mention. "Virginia acquired title to the great Northwest by its several charters, granted by James I, bearing dates respectively, April 10, 1606, May 23, 1609, and March 12, 1611. The col- ony of Virginia first attempted to exercise authority in and jurisdiction over that portion of its extensive domains that was organized by the ordinance of 'S7 into 'the territory northwest of the River Ohio,' when in 1769, the House of Burgess of that colony passed an act establishing the county of Botetourt, with the Mississippi River as its western boundary." Again in 1778 the Legisla- ture of Virginia subdivided this great territory by the erection of the county of Illinois, which included within its boundaries all the lands of Virginia lying west of the Ohio River.
But in 1783, in compliance with the desire of the general government, the Legislature of Virginia passed an act authorizing and directing her representa- tives in Congress to execute a deed of cession to the United States, of all her territory northwest of the Ohio.
Having thus acquired the title to the territory northwest of the Ohio River, so far, at least, as the claim of Virginia was concerned, Congress immediately proceeded to adopt measures for its civil government, which measures resulted in the somewhat celebrated " Ordinance of '87," and which has otherwise been known as the " Ordinance of Freedom." This was the fundamental law of the great Northwest, upon which were based all territorial enactments, as well as subsequent State legislation.
The Commonwealth of Massachusetts based her claim to the soil of Ohio upon royal charter granted by James I, in 1620, to the council of Plymouth, and embracing all the territory of America between the fortieth and forty- eighth parallels of latitude, extending east and west between the Atlantic and Pacific oceans and comprising, in area, over one million square miles of land.
In 1785 Massachusetts ceded her claim of title to Ohio soil to the United States, but reserved the portion concerning which she and New York were in dispute.
In 1664, Charles II ceded to his brother, the Duke of York, and afterwards King James II of England, the country from Delaware Bay to the river St. Croix. This constituted New York's claim to the western territory, of which the lands of the Western Reserve were a portion.
New York relinquished her claim to this territory in 1780, earlier by some . years than any of the other claimants.
The Connecticut claim, that which is of more interest to the people of this county than all the others, was rested upon royal charter granted by the king in 1662 to nineteen patentees, bounded by Massachusetts on the north, the sea on the south, Narragansett Bay on the east, but extending to the Pacific Ocean on the west. The northern and southern boundaries of this tract were the same as form the north and south bounds of the Reserve.
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HISTORY OF ERIE COUNTY.
Connecticut last of all deeded her claim to Ohio soil, with reservations, to the United States in September, 1786, which deed of cession duly authorized by the Legislature of the State, was as follows :
CESSION FROM THE STATE OF CONNECTICUT.
"To all who shall see these presents, we, William Samuel Johnson and Jonathan Sturges, the underwritten delegates for the State of Connecticut in the Congress of the United States, send greeting: Whereas, the General As- sembly of the State of Connecticut, on the second Thursday of May, in the year of our Lord one thousand seven hundred and eighty-six, passed an act in the following words, viz. : 'Be it enacted by the governor, council, and repre- sentatives in general court assembled, and by the authority of the same, That the delegates of this State, or any two of them, who shall be attending the Congress of the United States, be and they are hereby directed, authorized, and fully empowered, in the name and behalf of this State, to make, execute, and deliver, under their hands and seals, an ample deed of release and cession of all the right, title, interest, jurisdiction and claim, of the State of Connecti- cut, to certain western lands, beginning at the completion of the forty-first degree of north latitude, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, and from thence by a line drawn north parallel to, and one hundred and twenty miles west of the said west line of Pennsylvania, and to continue north until it comes to forty-two degrees and two minutes north lati- tude. Whereby all the right, title, interest, jurisdiction, and claim of the said State of Connecticut to the lands lying west of said line to be drawn as afore- mentioned, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, shall be included, released and ceded to the United States in Congress assem- bled, for the common use and benefit of the said States, Connecticut in- clusive.' Now, therefore, know ye, that we, the said William Samuel Johnson and Jonathan Sturges, by virtue of the power and authority to us committed by the said act of the General Assembly of the State of Connecticut, etc., do, by these presents, assign, transfer, quit-claim, cede, and convey to the United States of America, for their benefit, Connecticut inclusive, all the right, title, interest, jurisdiction, and claim, which the said State of Connecticut hath, in and to the before mentioned and described territory or tract of country, as the same is bounded and described in the said act of Assembly, for the uses in the said recited act of Assembly declared.
" In witness whereof, we have hereunto set our hands and seals this thir- teenth day of September, in the year of our Lord one thousand seven hundred
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EARLY LAND CLAIMANTS.
and eighty-six, and of the sovereignty and independence of the United States. of America the eleventh.
" WILL. SAM. JOHNSON, [L.S.]
"JONATHAN STURGES, [L.S.]
" Signed, sealed and delivered in the presence of
" CHA. THOMPSON,
" ROGER ALDEN,
" JAMES MATHERS."
It will be observed that this deed of cession, executed and delivered by the proper officers of the State of Connecticut to the United States, released and conveyed all lands claimed by the State except that commonly known as the Reserve; and while it was intended that the reservation should be made, no provision of the deed vests any right or civil jurisdiction over the lands of the Reserve in the United States, but absolute control, not only of the title, but of jurisdiction over the same remains in the State.
By virtue of an act of Congress passed April 28, 1800, the president was authorized to issue letters patent to the governor of Connecticut for the lands of the Reserve, but upon condition that the State renounce all jurisdictional claims over the same; and further, that the State execute a deed by its agents of the same; also expressly providing that the United States should not in any manner be pledged for the extinguishment of the Indian titles to the lands of the Reserve. This, the reader will understand, was done on the authority and at the expense of the State at Fort Industry, on the 4th of July, 1805, to which full reference is made in a preceding chapter.
On the 30th day of May, 1800, the additional deed was executed by Gov- ernor Trumbull, as follows :
"To all who shall see these presents, I, Jonathan Trumbull, governor of the State of Connecticut, send greeting :
" Whereas, the General Assembly of the State of Connecticut, at their ses- sion holden in Hartford, on the second Thursday of May, one thousand eight hundred, passed an act entitled, 'An act renouncing the claims of this State to certain lands therein mentioned,' in the words following, to-wit:
""' Whereas, the Congress of the United States, at their session, begun and holden in the city of Philadelphia, on the first Monday of December, in the year one thousand seven hundred and ninety-nine, made and passed an act in the words following, to-wit : [Act of Congress of April 28, 1800, hereinbefore mentioned]; therefore, in consideration of the terms, and in compliance with the provisions and conditions of the said act, Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That the State of Connecticut doth hereby renounce forever, for the use and benefit of the United States, and of the several individual States, who may be therein concerned, respectively, and of all those deriving claims or titles from them or
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HISTORY OF ERIE COUNTY.
any of them, all territorial and jurisdictional claims whatever, under any grant, charter or charters whatever, to the soil and jurisdiction of any and all lands whatever lying westward, northwestward, and southwestward, of those counties in the State of Connecticut, which are bounded westwardly by the eastern line of the State of New York, as ascertained by agreement between Connecticut and New York, in the year one thousand seven hundred and thirty-three ; ex- cepting only from this renunciation, the claim of the said State of Connecticut, and of those claiming from and under the said State of Connecticut, to the soil of said tract of land, in said act of Congress described under the name of the Western Reserve of Connecticut. And be it further enacted, That the gov- ernor of this State for the time being, be, and hereby is, empowered, in the name and behalf of this State, to execute and deliver to the acceptance of the president of the United States, a deed of the form and tenor directed by the said act of Congress, expressly releasing to the United States the jurisdictional claims of the State of Connecticut, to all that territory called the Western Re- serve of Connecticut, according to the description thereof in said act of Con- gress, and in as full and ample manner as therein is required.'
" Therefore, know ye, that I, Jonathan Trumbull, governor of the State of Connecticut, by virtue of the powers vested in me, as aforesaid, do, by these presents, in the name and for and on behalf of the said State, remise, release, and forever quit claim to the United States, the jurisdictional claim of the State of Connecticut, to all that tract of land called, in the aforesaid act of Congress, the Western Reserve of Connecticut, and as the same therein under that name is particularly and fully described.
"In witness whereof, I have hereunto subscribed my name, and affixed my sea' in the Council Chamber at Hartford, in the State of Connecticut, this thir- teenth day of May, in the year of our Lord one thousand eight hundred, and in the twenty-fourth year of the independence of the United States.
"JONATHAN TRUMBULL, (L. S.)"
Many readers and not a few writers have taken the position that the State of Connecticut, through her officers, unduly and unwarrantably delayed com- plying with the desire of Congress, and the United States, in the matter of ceding her western territory to the general government; and that she (Con- necticut) thought that by retaining possession under her claim that it might be held for her own absolute use and control. In this impression there has been a serious error. Connecticut occupied a position in this matter which was certainly peculiar, if not embarrassing ; her pledge by deed was given and she was by law and equity bound to protect those persons to whom conveyances had been made. The State, also, had encouraged the purchase and settlement of the lands of the reserve by her own people, and it was that their individual rights might be upheld and sustained that she delayed her deeds of cession ; and this delay was occasioned by the deliberation and counsel necessary to ascertain the best means of accomplishing the end sought.
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EARLY LAND CLAIMANTS.
This position of Connecticut was, so far as we have any established record, unlike that of any other State claiming these lands, and the others had only to execute the deeds of cession and were not obliged to protect the rights and interests of their immediate grantees, having none. This state of affairs led to the reservation made by the State and gave existence to that which for all sub- sequent years was known as the " Western Reserve of Connecticut."
This vast tract of land lies north of the forty-first parallel and south of par- allel forty-two two minutes; therefore a large portion of Lake Erie comes within its boundaries. Its eastern limit is the Pennsylvania line, and from that line it extends west one hundred and twenty miles. In area it covers an extent of about four million acres of land. The entire Western Reserve embraces the present counties of Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Medina, Portage and Trumbull ; also a major portion of Mahoning and Sum- mit, and smaller parts of Ashland and Ottawa. Danbury township represents the portion of Ottawa county that lies within the reserve, and was formerly a . part of Erie, but set off to the former upon the erection thereof in 1840. Trumbull county, the oldest formed of the reserve territory, was erected in 1800, and included all the lands thereof.
Having now sufficiently described the lands of the Connecticut Western Reserve, and furnished in detail the reasons of its creation, the next step brings the reader to a large subdivision of the reserve territory set apart by the State of Connecticut for purposes therein fully described ; and which subdivision is properly known as the " Sufferers' Land," but more commonly designated as the "Firelands." Within this tract Erie county is wholly situate.
.It appears that during the War of the Revolution many of the recruits of the State of Connecticut suffered severe losses of property at the hands of the British soldiers ; and in order to compensate these people the State set apart of its Western Reserve, a large tract of land, embracing half a million acres, to be divided pro rata among them as their respective losses might appear.
The impression had gone abroad among many people that the losses re- ferred to were suffered by people who were, during the Revolutionary War, residents of the reserve, and one writer has asserted in his work that such was the case, as the following extract will show : " During the Revolutionary War the inhabitants through this region," etc. Of course this is a wrong impres- sion, and it is safe to say that during that war there was not a single perma- nent resident from Connecticut or elsewhere upon the soil of the reserve, at least a thorough search fails to disclose such an one. Soon after the close of the war these sufferers presented a petition to the State of Connecticut asking that compensation be awarded them for their losses, which petition was re- ferred to a committee appointed by the Assembly. The action of the Legis- lature of the State will be fully and clearly shown by their resolution, passed May 10, 1792, as follows :
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HISTORY OF ERIE COUNTY.
.
" Upon the memorial of the inhabitants of the towns of Fairfield and Mo- hawk showing to this Assembly that many of the inhabitants of said towns suffered great losses by the devastations of the enemy during the late war, praying a compensation therefor ; and on report of a committee appointed by this Assembly at their sessions held in Hartford in May, 1791, to ascertain from documents in the public offices the amount of the losses of the said mem- Orialists, and others under similar circumstances, which had been estimated conformably to acts of this Legislature, being such as were incurred by incur- sions of the enemy during the late war, distinguishing the losses of buildings and necessary furniture from those of other articles by said documents, or otherwise ; and also to ascertain the advancements which have been made to the sufferers by abatement of taxes, or otherwise ; and report the same with their opinion relative to the ways and means of affording further relief as per memorial and report on file.
" Resolved by this Assembly, That there be, and there hereby is, released and quit-claimed to the sufferers hereafter named, or their legal representa- tives, when they are dead, and to their heirs and assigns forever, five hundred thousand acres of the lands belonging to this State, lying west of the State of Pennsylvania, and bounding northerly on the shore of Lake Erie, beginning at the west line of said lands, and extending eastward to a line running northerly and southerly, parallel to the east line of said tract of land belonging to this. State, and extending the whole width of said lands, and easterly, so far as to make said quantity of five hundred thousand acres of land, exclusive of any lands within said bounds, if any be, which may have been heretofore granted to be divided to and among the said sufferers, and their legal representatives, where they are dead, in proportion to the several sums annexed to their names, as follows, in the annexed list."
It is not thought to be of sufficient importance to this chapter that there should be appended the names of individual sufferers to whom lands were awarded. There were many of them, several hundred, and the losses ranged from a few shillings to nearly two thousand pounds. It will be understood by the reader that few, comparatively few, of these people ever became actual residents of the Firelands. There were many who were entitled to but very little land, and in nearly every such case the person sold out his claim or award to another who was entitled to a larger tract, and thus the greater absorbed the less. More than this, speculators and land operators became owners of large tracts for the purpose of gain, and they sold to the person of- fering the largest price. Again, at that time, the Indian title to the Sufferers' Lands had not been extinguished, nor was this done until thirteen years later. Neither had they been surveyed, nor was provision made therefor until the year 1806. There was very little inducement for people to settle in the re- gion, and those owning tracts held them at such extravagant figures as to
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EARLY LAND CLAIMANTS.
alarm the few pioneers that came to the region from other places, so they passed further west, and to the south, where equally good lands could be pur- chased and at half the price demanded for those of the Firelands. This proved a great hindrance to the early growth of Erie county, and even at a much later day Sandusky city's growth was much retarded from like causes. While it is not deemed advisable to give the names of the sufferers, a mention of the Con- necticut towns in which the losses were incurred may properly be made. They were: Greenwich, Norwalk, Fairfield, Danbury, New Haven and East Haven, New London, Ridgefield and Groton. These names were given to townships of Erie and Huron counties (this being formerly a part of Huron), upon their organization, respectively : thus preserving and carrying to this re- gion the names of townships of Connecticut in which losses were suffered.
An act of the Legislature of Connecticut, passed May, 1795, provided, "That all deeds conveying any of said lands, shall be recorded in the town clerk's office in the town or towns where the loss or damage of the original grantee or grantees, mentioned in said grant, was sustained, by the town clerk of such town, in a book to be by him kept for that purpose only." This act, however, was revised by the act of 1808.
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