History of Licking County, Ohio: Its Past and Present, Part 22

Author: N. N. Hill, Jr.
Publication date: 1881
Publisher:
Number of Pages: 826

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" When this region was first settled, there was an Indian trail commencing at Fort McIntosh (Beaver, Penn.), and extending westward to San- dusky and Detroit: The trail followed the highest ground. Along the trail, parties of Indians were frequently seen passing, for several years after the whites came. It seemed to be the great aboriginal thoroughfare from Sandusky to the Ohio River. There were several large piles of stones on the trail in this locality, under which human skeletons have been discovered. These are supposed to be the remains of Indians slain in war, or murdered by their enemies, as tradition says it is an Indian custom for each one to cast a stone on the grave of an enemy, whenever he passes by. These stones appear to have been picked up along the trail, and cast upon the heaps at different times.

"At the point where this trail crosses Silver Creek, Fredrick Daniels and others, in 1814, dis- covered, painted on several trees, various devices, evidently the work of Indians. The bark was carefully shaved off two-thirds of the way around, and figures cut upon the wood. On one of these was delineated seven Indians, equipped in a par- ticular manner, one of whom was without a head. This was supposed to have been made by a party on their return westward, to give intelligence to .

their friends behind, of the loss of one of their party at this place ; and, on making search, a hu- man skeleton was discovered near by." *

The celebrated Indian hunter, Brady, made his remarkable leap across the Cuyahoga, in this county. The county also contains Brady's Pond, a large sheet of water, in which he once made his escape from the Indians, from which circumstance it received its name.

The locality comprised in Clark County was settled the same summer as those in Summit County. John Humphries came to this part of the State with Gen. Simon Kenton, in 1799. With them came six families from Kentucky, who settled north of the site of Springfield. A fort was erected on Mad River, for security against the In- dians. Fourteen cabins were soon built near it, all being surrounded by a strong picket fence. David Lowery, one of the pioneers here, built the first flat-boat, to operate on the Great Miami, and, in 1800, made the first trip on that river, coming down from Dayton. He took his boat and cargo on down to New Orleans, where he disposed of his load of " five hundred venison hams and bacon."

Springfield was laid out in March, 1801. Griffith Foos, who came that spring, built a tavern, which he completed and opened in June, remaining in this place till 1814. He often stated that when emigrating West, his party were four days and a half getting from Franklinton, on the Scioto, to Springfield, a distance of forty-two miles. When crossing the Big Darby, they were obliged to carry all their goods over on horseback, and then drag their wagons across with ropes, while some of the party swam by the side of the wagon, to prevent its upsetting. The site of the town was of such practical beauty and utility, that it soon attracted a large number of settlers, and, in a few years, Springfield was incorporated. In 1811, a church was built by the residents for the use of all denom- inations.

Clark County is made famous in aboriginal history, as the birthplace and childhood home of the noted Indian, Tecumseh .; He was born in

* Howe's Collections.

t Tecumseh, or Tecumshe, was a son of Puckeshinwa, a member of the Kiscopoke tribe, and Methoataske, of the Turtle tribe of the Shawanee nation. They removed from Florida to Ohio soon after their marriage. The father, Puckeshinwa, rose to the rank of a chief, and fell at the battle of Point Pleasant, in 1774. After his death, the mother, Methoata-ke, returned to the south, where she died at an advanced age. Tecumseh was born about the year 1768. He early showed a passion for war, and, when only 27 years of age,was made a chief. The next year he removed to Deer Creek, in the vicinity of Urbana, and from there to the site of Piqua, on the Great Miami. In 1798 ha accepted the invitation of the Delawares in the vicinity of White River, Indiana, and from that time made

* Howe's Collections.

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the old Indian town of Piqua, the ancient Piqua of the Shawanees, on the north side of Mad River, about five miles west of Springfield. The town was destroyed by the Kentucky Rangers under Gen. George Rogers Clarke in 1780, at the same time he destroyed "Old Chillicothe." Immense fields of standing corn about both towns were cut down, compelling the Indians to resort to the hunt with more than ordinary vigor, to sustain them- selves and their wives and children. This search insured safety for some time on the borders. The site of Cadiz, in Harrison County, was settled in April, 1799, by Alexander Henderson and his family, from Washington County, Penn. When they arrived, they found neighbors in the persons of Daniel Peterson and his family, who lived near the forks of Short Creek, and who had preceded them but a very short time. The next year, emi- grants began to cross the Ohio in great numbers, and in five or six years large settlements could be seen in this part of the State. The county was erected in 1814, and Cadiz, laid out in 1803, made the county seat.

While the settlers were locating in and about Cadiz, a few families came to what is now Monroe County, and settled near the present town of Beallsville. Shortly after, a few persons settled on the Clear Fork of the Little Muskingum, and a few others on the east fork of Duck Creek. The

next season all these settlements received addi- tions and a few other localities were also occupied. Before long the town of Beallsville was laid out, and in time became quite populous. The county was not erected until 1813, and in 1815 Woodsfield was laid out and made the seat of justice.

The opening of the season of 1800-the dawn of a new century-saw a vast emigration west . ward. Old settlements in Ohio received immense increase of emigrants, while, branching out in all directions like the radi of a circle, other settle- ments were constantly formed until, in a few years, all parts of the State knew the presence of the white man.

Towns sprang into existence here and there; mills and factories were erected; post offices and post-routes were established, and the comforts and conveniences of life began to appear.

With this came the desire, so potent to the mind of all American citizens, to rule themselves through representatives chosen by their own votes. Hith- erto, they had been ruled by a Governor and Judges appointed by the President, who, in turn, appointed county and judicial officers. The arbitrary rulings of the Governor, St. Clair, had arrayed the mass of the people against him, and made the desire for the second grade of government stronger, and finally led to its creation.

CHAPTER X.

FORMATION OF THE STATE GOVERNMENT-OHIO A STATE-THE STATE CAPITALS-LEGIS- LATION-THE "SWEEPING RESOLUTIONS"-TERRITORIAL AND STATE GOVERNORS.

SETTLEMENTS increased so rapidly in that part of the Northwest Territory included in Ohio, during the decade from 1788 to 1798, despite the Indian war, that the demand for an election of a Territorial Assembly could not be ignored by Gov. St. Clair, who, having ascertained that 5,000 free males resided within the limits of the Territory, issued his proclamation October 29, 1798, directing the electors to elect representatives to a General Assembly. He ordered the election

to be held on the third Monday in December, and directed the representatives to meet in Cincinnati January 22, 1799.

On the day designated, the representatives * assembled at Cincinnati, nominated ten persons, whose names were sent to the President, who selected five to constitute the Legislative Council,

*Those elected were: from Washington County, Return Jona- than Meigs and Paul Fearing; from Hamilton County, William Guforth, William McMillan, John Smith, John Ludlow, Robert Benham, Aaron Caldwell and Isaac Martin; from St. Clair County ( Illinois), Shadrach Bond; from Knox County (Indiana), John Small; from Randolph County (Illinois), John Edgar; from Wayne County, Solomon Sibley, Jacob Visgar and Charles F. ( habert de Joncaire; from Adams County, Joseph Darlington and Nathaniel Massie; from Jefferson Co .. nty, James Pritchard; from Ross County, Thomas Worthington, Elias Langham, Samuel Findley and Edward Tiffin. The five gentlemen, except Vanderburgh, chosen as the Upper House were all from counties afterward included in Ohio.

his home with them. He was most active in the war of 1812 against the Americans, and from the time he began his work to unite the tribes, his history is so closely identified .therewith that the reader is referred to the history of that war in succeeding pages. It may not be amiss to say that all stories regarding the manner of his death are considered erroneous. He was undoubtedly killed in the ontset of the battle of the Thames in Canada in 1814, and his body secretly buried by the Indians.

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or Upper House. These five were Jacob Burnet, James Findley, Henry Vanderburgh, Robert Oliver and David Vance. On the 3d of March, the Senate confirmed their nomination, and the Territorial Government of Ohio *- or, more prop- erly, the Northwest-was complete. As this comprised the essential business of this body, it was prorogued by the Governor, and the Assembly directed to meet at the same place September 16, 1799, and proceed to the enactment of laws for the Territory.

That day, the Territorial Legislature met again at Cincinnati, but, for want of a quorum, did not organize until the 24th. The House consisted of nineteen members, seven of whom were from Ham- ilton County, four from Ross, three from Wayne, two from Adams, one from Jefferson, one from Washington and one from Knox. Assembling both branches of the Legislature, Gov. St. Clair addressed them, recommending such measures to their consideration as, in his judgment, were suited to the condition of the country. The Council then organized, electing Henry Vanderburgh, Presi- dent; William C. Schenck, Secretary; George Howard, Doorkeeper, and Abraham Carey, Ser- geant-at-arms.

The House also organized, electing Edward Tif- fin, Speaker; John Reilly, Clerk; Joshua Row- land, Doorkeeper, and Abraham Carey, Sergeant- at-arms.

This was the first legislature elected in the old Northwestern Territory. During its first session, it passed thirty bills, of which the Governor vetoed eleven. They also elected William Henry Harri- son, then Secretary of the Territory, delegate to Congress. The Legislature continued in session till December 19, having much to do in forming new laws, when they were prorogued by the Gov- ernor, until the first Monday in November, 1800. The second session was held in Chillicothe, which had been designated as the seat of government by Congress, until .a permanent capital should be selected.

May 7, 1800, Congress passed an act establish- ing Indiana Territory, including all the country west of the Great Miami River to the Mississippi, and appointed William Henry Harrison its Gov- ernor. At the autumn session of the Legislature

*Ohio never existed as a Territory proper. It was known, both before and after the division of the Northwest Territory, as the "Territory northwest of the Ohio River." Still, as the country comprised in its limits was the principal theater of action, the short resume given here is made necessary in the logical course of events. Ohio, as Ohio, never existed until the creation of the State in March, 1803.

of the eastern, or old part of the Territory, Will- iam McMillan was elected to the vacancy caused by this act. By the organization of this Territory, the counties of Knox, St. Clair and Randolph, were taken out of the jurisdiction of the old Ter- ritory, and with them the representatives, Henry Vandenburgh, Shadrach Bond, John Small and John Edgar.

Before the time for the next Assembly came, a new election had occurred, and a few changes were the result. Robert Oliver, of Marietta, was cho- sen Speaker in the place of Henry Vanderburgh. There was considerable business at this session ; several new counties were to be erected ; the coun- try was rapidly filling with people, and where the scruples of the Governor could be overcome, some organization was made. He was very tenacious of his power, and arbitrary in his rulings, affirming that he, alone, had the power to create new coun- ties. This dogmatic exercise of his veto power, his rights as ruler, and his defeat by the Indians, all tended against him, resulting in his displace- ment by the President. This was done, however, just at the time the Territory came from the second grade of government, and the State was created.

The third session of the Territorial Legislature. continued from November 24, 1801, to January 23, 1802, when it adjourned to meet in Cincin- nati, the fourth Monday in November, but owing to reasons made obvious by subsequent events, was never held, and the third session marks the decline of the Territorial government.

April 30, 1802, Congress passed an act "to enable the people of the eastern division of the territory northwest of the Ohio River, to form a constitution and State government, and for the admission of such States into the Union on an equal footing with the original States, and for other purposes." In pursuance of this act, an election had been held in this part of the Territory, and members of a constitutional convention cho- sen, who were to meet at Chillicothe, November 1, to perform the duty assigned them.

The people throughout the country contemplat- ed in the new State were anxious for the adoption of a State government. The arbitrary acts of the Territorial Governor had heightened this feeling ; the census of the Territory gave it the lawful number of inhabitants, and nothing stood in its way.

The convention met the day designated and proceeded at once to its duties. When the time arrived for the opening of the Fourth Territorial

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Legislature, the convention was in session and had evidently about completed its labors. The mem- bers of the Legislature (eight of whom were mem- bers of the convention) seeing that a speedy termination of the Territorial government was inev- itable, wisely concluded it was inexpedient and unnecessary to hold the proposed session.

The convention concluded its labors the 29th of November. The Constitution adopted at that time, though rather crude in some of its details, was an excellent organic instrument, and remained almost entire until 1851, when the present one was adopted. Either is too long for insertion here, but either will well pay a perusal. The one adopted by the convention in 1802 was never submitted to the people, owing to the circumstances of the times; but it was submitted to Congress February 19, 1803, and by that body accepted, and an act passed admitting Ohio to the Union.

The Territorial government ended March 3, 1803, by the organization, that day, of the State government, which organization defined the pres- ent limits of the State.

" We, the people of the Eastern Division of the Ter- ritory of the United States, Northwest of the River Ohio, having the right of admission into the General Government as a member of the Union, consistent with the Constitution of the United States, the Ordinance of Congress of one thousand seven hundred and eighty- seven, and of the law of Congress, entitled ' An act to enable the people of the Eastern Division of the Terri- tory of the United States Northwest of the River Ohio, to form a Constitution and a State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purpo- ses ;' in order to establish justice, promote the well- fare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the follow- ing Constitution or form of government; and do mu- tually agree with each other to form ourselves into a free and independent State, by the name of the State of Ohio."#-Preamble, Constitution of 1802.

When the convention forming the Constitution, completed its labors and presented the results to Congress, and that body passed the act forming

* The name of the State is derived from the river forming its southern boundary. Its origin is somewhat obscure, but is com- monly ascribed to the Indians. On this polut, Col. Johnston says: "The Shawanoese called the Ohio River 'Kis-ke-pi-la, Sepe, i. e., 'Eagle River.' The Wyandots were in the country generations before the Shawanoese, and, consequently, their name of the river is the prim- itive one and should stand in preference to all others. Ohio may be called an improvement on the expression, 'O-he-zuh,' and was, no doubt, adopted by the early French voyagers in their boat-songs, and is substantially the same word as used by the Wyandots: the meaning applied by the French, fair and beautiful 'la belle river,' being the same precisely as that meant by the Indians-' great, grand and.fwir to look upon.' "-Howe's Collections.

Webster's Dictionary gives the word as of Indian origin, and its meaning to be, " Beautiful."

the State, the territory included therein was di- vided into nine counties, whose names and dates of erection were as follows:

Washington, July 27, 1788; Hamilton, Janu- ary 2, 1790; (owing to the Indian war no other counties were erected till peace was restored); Ad- ams, July 10, 1797; Jefferson, July 29, 1797; Ross, August 20, 1798; Clermont, Fairfield and Trumbull, December 9, 1800; Belmont, Septem- ber 7, 1801. These counties were the thickest- settled part of the State, yet many other localities needed organization and were clamoring for it, but owing to St. Clair's views, he refused to grant their requests. One of the first acts on the as- sembling of the State Legislature, March 1, 1803, was the creation of seven new counties, viz., Gal- lia, Scioto, Geauga, Butler, Warren, Greene and Montgomery.

Section Sixth of the "Schedule" of the Consti- tution required an election for the various officers and Representatives necessary under the new gov- ernment, to be held the second Tuesday of Janu- ary, 1803, these officers to take their seats and as- sume their duties March 3. The Second Article provided for the regular elections, to be held on the second Tuesday of October, in each year. The Governor elected at first was to hold his office until the first regular election could be held, and thereafter to continue in office two years.

The January elections placed Edward Tiffin in the Governor's office, sent Jeremiah Morrow to Congress, and chose an Assembly, who met on the day designated, at Chillicothe. Michael Baldwin was chosen Speaker of the House, and Nathaniel Massie, of the Senate. The Assembly appointed William Creighton, Jr., Secretary of State ; Col. Thomas Gibson, Auditor ; William McFarland, Treasurer; Return J. Meigs, Jr., Samuel Hun- tington and William Sprigg, Judges of the Su- preme Court; Francis Dunlevy, Wyllys Silliman and Calvin Pease, President Judges of the First, Second and Third Districts, and Thomas Worth- ington and John Smith, United States Senators. Charles Willing Byrd was made the United States District Judge.

The act of Congress forming the State, con- tained certain requisitions regarding public schools, the " salt springs," public lands, taxation of Gov- ernment lands, Symmes' purchase, etc., which the constitutional convention agreed to with a few minor considerations. These Congress accepted, and passed the act in accordance thereto. The First General Assembly found abundance of work

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to do regarding these various items, and, at once, set themselves to the task. Laws were passed re- garding all these ; new counties created; officers appointed for the same, until they could be elected, and courts and machinery of government put in motion. President Judges and lawyers traveled their circuits holding courts, often in the open air or in a log shanty; a constable doing duty as guard over a jury, probably seated on a log under a tree, or in the bushes. The President Judge in- structed the officers of new counties in their duties, and though the whole keeping of matters accorded with the times, an honest feeling generally pre- vailed, inducing each one to perform his part as effectually as his knowledge permitted.

The State continually filled with people. New towns arose all over the country. Excepting the occasional sicknesses caused by the new climate and fresh soil, the general health of the people im- proved as time went on. They were fully in ac- cord with the President, Jefferson, and carefully nurtured those principles of personal liberty en- grafted in the fundamental law of 1787, and later, in the Constitution of the State.

Little if any change occurred in the natural course of events, following the change of govern- ment until Burr's expedition and plan of secession in 1805 and 1806 appeared. What his plans were, have never been definitely ascertained. His action related more to the General Government, yet Ohio was called upon to aid in putting down his insurrection-for such it was thought to be- and defeated his purposes, whatever they were. His plans ended only in ignominious defeat; the breaking-up of one of the finest homes in the Western country, and the expulsion of himself and all those who were actively engaged in his scheme, whatever its imports were.

Again, for a period of four or five years, no exciting events occurred. Settlements continued ; mills and factories increased; towns and cities grew ; counties were created; trade enlarged, and naught save the common course of events trans- pired to mark the course of time. Other States were made from the old Northwest Territory, all parts of which were rapidly being occupied by settlers. The danger from Indian hostilities was little, and the adventurous whites were rapidly occupying their country. One thing, however, was yet a continual source of annoyance to the Americans, viz., the British interference with the Indians. Their traders did not scruple, nor fail on every opportunity, to aid these sons of the

forest with arms and ammunition as occasion offered, endeavoring to stir them up against the Americans, until events here and on the high seas culminated in a declaration of hostilities, and the war of 1812 was the result. The deluded med men found then, as they found in 1795, that they were made tools by a stronger power, and dropped when the time came that they were no longer needed.

Before the opening of hostilities occurred, how- ever, a series of acts passed the General Assembly, causing considerable excitement. These were the famous "Sweeping Resolutions," passed in 1810. For a few years prior to their passage, considera- ble discontent prevailed among many of the legis- lators regarding the rulings of the courts, and by many of these embryo law-makers, the legislative power was considered omnipotent. They could change existing laws and contracts did they, desire to, thought many of them, even if such acts con- flicted with the State and National Constitutions. The "Sweeping Resolutions"" were brought about mainly by the action of the judges in declaring that justices of the peace could, in the collection of debts, hold jurisdiction in amounts not exceed- ing fifty dollars without the aid of a jury. The Constitution of the United States gave the jury control in all such cases where the amount did not exceed twenty dollars. There was a direct con- tradiction against the organic law of the land-to which every other law and act is subversive, and when the judges declared the legislative act uncon- stitutional and hence null and void, the Legisla- ture became suddenly inflamed at their independ- ence, and proceeded at once to punish the admin- istrators of justice. The legislature was one of the worst that ever controlled the State, and was composed of many men who were not only igno- rant of common law, the necessities of a State, and the dignity and true import of their office, but were demagogues in every respect. Having the power to impeach officers, that body at once did so, having enough to carry a two-thirds majority, and removed several judges. Further maturing their plans, the "Sweepers," as they were known, construed the law appointing certain judges and civil officers for seven years, to mean seven years from the organization of the State, whether they had been officers that length of time or not. All officers, whether of new or old counties, were con- strued as included in the act, and, utterly ignoring the Constitution, an act was passed in January, 1810, removing every civil officer in the State.

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February 10, they proceeded to fill all these va- cant offices, from State officers down to the lowest county office, either by appointment or by ordering an election in the manner prescribed by law.

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History of Licking County, Ohio: Its Past and Present, Part 22

Author: N. N. Hill, Jr. Publication date: 1881 Publisher: Number of Pages: 826

Author: N. N. Hill, Jr.
Publication date: 1881
Publisher:
Number of Pages: 826