USA > Ohio > Washington County > Marietta > History of Marietta and Washington County, Ohio, and representative citizens > Part 9
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It will give you pain and me no pleasure to de- tail our march over the mountains or our delays afterward on account of the bad weather or other misforumes. I shall only observe that I arrived at Major White's on the Youghiogheny River the 14th of February. no boats built, no boards or plank in read- iness, no person capable of building a house, much less a boat, among the party, mill froze up and no boards to be had. He had, however, three canoes, such as they were, on the stocks and five of his men sick with the smallpox, which they took by inoculation.
On the first day of April in the afternoon we left the Youghiogbeny, and arrived at Fort Harmar the 7th, being obliged to [ J at Harmar and Buf- falo Creek on our way to take in provisions, etc. Our whole fleet consisted of the Union Galley of 45 tons bunthen designed to pass and repass fiom between this and Buffalo or Cross Creek to bring down letters, the Adelphi ferry boat, burthen 3 tons, for the use of the settlers at the port, and three log canoes of different sizes.
On our arrival here the surveys commenced im- mediately, but a series of rainy weather and being obliged to survey so much more than we expected in order to obtain lands suitable to our purpose, pre- vented our completing our plans till yester lay. The city lots will be ready to draw by the first Wednesday of July, as proposed, but the others will not. It was Gen'l. Knox's advice and I shall not presume to sur- vey any more till after the treaty.
The men have most of them been employed these odd days in clearing land for themselves, which they will plant next week. The rest have been doing the sante for the company. The whole quantity of corn planted I expect will be about 100 acres. As soon as this work is over we shall turn our attention to build- ing houses, and boats suitable to prosecute the survey with.
As to the mode of conveying letters, I have hit on none yet to convey from this to Philadelphia or from thence to this place that could be depended on. Perhaps we may hnd out some in the course of the stimmer.
The expense has rose much beyond our calcula- tion and if the treaty concludes favorably the sur- vey must no doubt be pushed till late in the fall. Of consequence more money will be wanted, but I ex- pect Generals Parsons and Varnum will be on soon; will therefore not propose anything on the subject.
The men are generally in good health and, I be- lieve, much pleased with the country; that I am so myself vou may rest assured. *
The winter in this quarter was severe, indeed, the most so known for many years. But 1 can only add the situation of the city plat is the most delightful of ary I ever saw, and those traces of ancient walls,
Names of the Men hireed by the this Company to Commence the Settlement of there Lands in the Sentory North. - west of the ohio Rover of arrived at Marietta 7th of April 1700
Remarks_
Names
Level She Putnam
* Superintendent.
Gardner John
-
Chambly 1789
Griswald Beny!
Ese- Ebert-Sprost
* Surveyors
Kirkland Elvzur
de Of Marys
*
Learned Theophilus.
Let Anfelm Jupper
ME. John Mathews
5×
Lincoln Joseph
30 *
Gutter Levi's
Gap- Ezekiel Cooper
Maxon Henry
Family 1789
Coughing Samle
*
*
Lodge Hiver
Moulton Win
Family trong
Dodge france
10
Moulton Edmond 35*
Martino Jabez
Martin Simeon
Buthere Danel
Can - Marre Jageach
*
Govey Etens
Family 1790
d- Ortam Jethro Putnam Allen
Family 170g
Devol Jonathon
15* Family 17009
Porter g: Amos
40%
Levol fr Gilbert
**
Sproat Earl
*
Levol Allen
Shan Benjamin
Family Prong
Kast. Davis Staniel
Family 1709
Maj" White Hafield
*
Bunton Israel
* 25 killed in ghor 5
Wells Joseph Wallis David
45
helphan Samll
White josiah.
Plint Hezekiah
White Relation
40%
Tint g+ Hezekcafe
Gran im.
* Lex Family 1790
29
* these with this mark either continued in the purchas or returned after a thart absome of continues through The warumlet They died or were killed in the war
LIST OF THE FIRST PARTY OF PIONEERS. FROM THE AUTOGRAPH LIST OF GEN, RUFUS PUTNAM, WHICH IS IN MARIETTA COLLEGE LIBRARY.
Remarkes
Names
Family /2019
Davi's Jonas hoster Peregrine
Whitrage Josiah
Coburn Phinehas
Miller
Majon wm
67
AND REPRESENTATIVE CITIZENS.
mounds, etc., are truly surprising. Mr. Sargent's painting gives but a faint idea of what :> to be seen when on the spot.
The letter of General Putnam is dated from Adelphi, the proposed name of the town at the mouth of the Mnskingun. In some printed copies of this letter as well as in some local histories the name is spelled Adelphia, and this is said to be the form which had been suggested by Manasseh Cutler, but General Putnam writes it very distinctly in a number of places "Adelphi." For a long time the set- tlements in what is now Washington County were known by the general name of Muskin- gum. This name often appears on the dates and superscriptions of old letters and was oc- casionally used by writers in the East, well on into the present century.
Note E .- A LIST OF THE EMIGRANTS OF 1788. 1789, AND 1790.
( The list does not include the members of the first pioneer farty who arrived .April 7th, which appear on the cugravning of the autograph list of Gen. Rufus Put- nam. herewith presented.)
1788
Bryant. Bazaleel. Battelle. Ebenezer, family. Cushing. Nataniel, family. Converse. James, Crary, Fredrick, Cheever, Lot.
Coburn, A-a, family.
Dana, Luther. Denney, Samuel. Danham. Daniel. family (1780) Dorrenie, Samuel. Eldridge. Sylvanus. Fuller, Oliver. Greene. Richard,
Greene. Charles, family. Goodale, Maj. Nathan, family. Gridley. William, family. ( 1789) Hart. Selah, Hoiland. Kimble, Ephraim. Knight. Theophilus. Lasa. John. Lunt. Wilham P .. Lord. Thomas. Mmot, James, Mitchell, John. Matthewson. Jeffrey.
MeGinffey, Neil.
Owen, James, family.
Pierce. Stephen, fannly (1780)
Oliver, Robert, family.
Oliver, Launcelot,
Putnam. Israel, Rice, Oliver,
Stratton, John.
Skinner, John,
Stanley. Elias.
Stacy, Col. William, family ( 1789)
Tupper. Gen. Benjamin, family.
Tyler, Dean.
Tupper. Edward W ..
Varnum. James, (died Jannary, 1789)
Woodward, Levi.
Whittemore. Ebenezer.
Backus. James.
Brayman, James.
Converse. Benjamin, family.
Crary, Archibald.
Cheever, Joshua.
Choouchip. Jeffrey.
Coburn. Asa, Jr., family.
Dana. William, family.
Dana, Edmund.
Dicks, Nathan.
Delano, Cornelius.
Elliott. Richard,
Fearing. Paul.
Greene, Griffin, family.
(Treene. Philip.
Gilbert, Jonathan.
Goodale, Timothy.
Hurlburt. Benoni, family.
Hutchinson, Thomas,
Ingersoll. George.
Knowles, Charles.
Kerr. Hamilton.
Lunt. Ezra.
Leach. James,
Laughton, Dick, (half Indian )
Miher, John, (half Indian )
Micheli. Samuel.
Mathews. Abel.
Moody, Nathaniel, family.
Nye. Ichabod, family.
Parsons, Sanmel H ..
Pierce, Israel, family.
Ohver. Alexander, family.
Oliver. William.
Pucnam, Waldo A .
Sargent, Winthrop.
Stratton, Samuel.
Stone, Jonathan. family ( 1780);
Stebbins, Samuel.
Shipman, Joshua, family. ( 1789)
True. Jabez.
Tupper. Judah (died in war)
Tupper, Benjamin, Jr .. Wright Simcon
Webster, Andrew, family.
(In all so we, making, with the first party of 48, a total of 137 arrivals during the year.)
1
68
HISTORY OF MARIETTA AND WASHINGTON COUNTY,
1780.
Ayres, Ebenezer, family. Brown David, family.
Babcock, Abijah,
Baker. Thaddeus,
Bull. Howell,
Breck, William,
Bueli. Joseph, family ( 1790)
Bradford, Robert, family.
Bullard, Asa,
Baldwin. Abel,
Bill. Aaron,
Bent, Silas, family.
Bent. Silas, Jr.,
Beadle, Benjamin,
Barker Joseph, family.
Baldwin, Davis. ( Gallipolis)
Barker, Isaac, family.
Blake, David, family.
Blake, Simeon,
Burnham, William,
Baldwin, David.
Baker, Benjamin,
Bullard. Fleazer,
Bagley, Henry,
Cummins, Joseph,
Cald, Arnold,
Casey, Wanton,
Cady, Squire.
Cushing, Eli ah.
Cogswell, Daniel, lanily.
Clark. Arnold,
Clough Aaron,
Corey, Thomas,
Clark Joseph,
Dodge John, family.
Delano, Cornelius.
Devol, Gilbert. Esquire, family.
Devol, Wanton, family.
Devol, Gideon,
Devol, jonathan,
Drown, Solomon,
Davis, William.
Dodge, John T.,
Davi. Samuel.
Dunham, Daniel, Jr ..
Flagg, Gershom, family.
Foster, Paul, Farley, Thomas,
Fairchild. Major.
Fearing, Nonh.
Greene, John.
Greene, Abraham.
Gibson, Thomas,
Tillman. Joseph, family.
Gilman, Benjamin, family, ( 1790)
Griffin, Calel:,
Hamilton, Nathaniel.
Haskell. Jonathan.
Kelley, Jame .. family, (killed, 1791) Kinght, Theophilus,
Kinney, Nathan,
King, Zebulon, (killed 1,89)
Leaveus, Joseph, family.
Lathbe, John,
Lucas, Isaac,
Leavens, John,
Lord, Elisha.
May, John.
McClure, Andrew,
Mitchell, Robert,
Niixer, Isaac.
Mills, William,
Miller, Edward,
Meigs. R. J., Jr., family, ( 1791)
Munsell, Levi, family.
Miles, Benjamin, family.
Mayo, Daniel,
Maxon, Richard, family.
Mervin, Picket,
Mitchell, John,
Mills, Charles,
Miles, John.
Norse. Moses,
Newton, Sylvanus, family.
Newell, Samuel, family.
Newell, William,
Oaks, Jnel,
Patien, James,
Putnam. Ezra, Jr.,
Putnam, David,
Pierce. Phineas,
Parson, Enoch,
Patterson, James, family.
Patterson, Nathaniel.
Porter, Ebenezer, family.
Porter, Thomas, family.
Prime, Joseph, family.
Parker, William, family.
Platt, Smith,
Plummer, Jonathan,
Phillip-, Fzra.
Russell, John.
Kouse, Michael,
Rouse, John family.
Rewel, Daniel,
Smith, Jame,, family
Sprague. Joshua, family.
Story. Daniel,
Story, Joseph.
Strong, Joseph.
Shepherd, Enoch, family.
Shepherd, F.noch. Jr.,
Shiner, William,
Story, William, L'oumb, Benjamin, family.
Jules, William, Jr.,
Stacy, Joseph, family.
Stacy, John.
Stacy. Philip,
Smith, John,
Story, Andrew, family.
Sawyer, Nathaniel, family.
Sprague, William, family. Stone, Isreal, family ( 1790)
Sprague, Jonathan,
69
AND REPRESENTATIVE CITIZENS.
Simby Thomas. family.
Bebec. Frederick,
Beau, Daniel,
Call. David,
Cot on David,
Cushman, Nathaniel,
Smith. Benjamin,
Choph. Antome, ( French)
Show. Thonfas, family : 1790)
Comas, Lan-nett (French )
Choate, Francis.
Choate I-aac.
INas, Alexander, . Daniel,
Tuttle. Joel, family.
Tuttle, Linus,
White, John,
Woodbury, Nathan, Woodbridge. Dudley, family.
Comas, John,
C'alter. ( French )
Calm, ( French )
('hevelett, (French )
Christophe. ( French)
Crage. William ( French)
Dudley, I-a.
Davenport, Gould,
Dorsey. James,
Day, John Drawr, John,
David, ( French )
Dennit, ( French )
Delatre, ( French )
Devol, Christopher,
Dodge. Abraham, (Gallipolis)
Demsey, Isaac, ( Gallipolis)
Dunlay, William,
Finley, John,
Farmer. Jacob,
Ford, William, family.
Ford, William, Jr.,
Frothingham, Peter,
Frye, Joseph.
Fu-tlay, ( French)
Fulham, John, Farewell, Jonathan,
Fleming, Aride, ( Gallipolis)
Fleming. Andrew, ( Gallipolis )
Galbraith, Thomas, (Gallipolis ,
Gollsmith, Zaccheus, ( Gallipolis)
Griffin, Asahel.
Guthrie, Stephen,
(mithrie, Elias,
Guthrie, Truman,
Guthrie, Joseph, family.
Greene, Casey.
Goodenough. Daniel,
Henderson, Edward,
Ilart, William,
Hackney, Joseph,
Ilarris, Edward, family,
Hawkins, Christopher,
Hinckley, Nathaniel,
Harris, John, Hamnen, Zoath. family.
Harte, John (Gallipolis )
James, Jolin, family. James, John, Jr., James, William, Jennings, Jo hua,
I200.
Allen, Justus. Allison, Robert, family.
Andre, ( French )
Arvin, ( French ) Applegate, Joseph,
Athone, ( French)
Anthony, ( French )
Andrews, John, ( Gallipoli-)
Packus, Elijah.
Baker, Timothy,
Bethel, Edward, Bailey, Caleb,
Buck, John, Baldwin, Jonathan ( Gallipolis )
Blackburn, Andrew, Bliss, Amos, family. Bureau, Peter, (French )
Beguear, (French )
Badwell, Elijah. ( Galimpolis) Barber. Ezekiel, family.
Bent, Rufus. Browning, William,
Barnes, Sanmel, Buttlegame, Christopher, famdy Bridge, William, Bridge, Samuel. Brown, David, Jr., (Gallipoli) Brown. Aaron, ( Gallipolis) Brow. Nathaniel, Patrheider. Gideon, (Gallipolis) Butler, David, 4
Choate, Joshua,
Chopman, Joseph.
Carroll, Michael, ( Gallipolis)
Caldwell. James,
Camp, John (killed at Big Bottom)
Webster. Luke.
Walker, James,
Whiting, Elisha,
Warren, Elijah.
Winsor. Christopher, family,
Wells. David, family.
Wiison, George, family.
Wilson, William, family.
Wilson, Jeremiah, family. Whipple, Abraham, family.
Whipple. John H.,
Wells, Thomas,
(The total muaber of men who arrived during 1789 was 153, and the number of families, 51.)
Springer, Peleg,
Smith, Jonathan, Stacy, Rufus,
Smith, Stephen,
Thompson. Joseph, Tilas, Eliphalet,
70
HISTORY OF MARIETTA IND WASHINGTON COUNTY.
11
Isham, Russell, Jordan and Son, ( French) Jowrdom ( French ) Kerr, Matthew, ( killed in 1791)
Lewis, Samuel, ( Gallipolis) Loring. Daniel, family, Loring, Isreal. Lake, Thomas, family.
Lake, Archibald, family,
Lewis. ( French)
Lake, Andrew,
Lake. William, family.
Little, Nathaniel, family.
Little, Nathaniel, Jr., family,
Lygnum. Joseph, Lynot, Williamn. Luxumburgh ( French)
Lalorcey. ( French )
Leggett. Alexander.
Llyod, David, Labelle, Francis, (French)
Label. ( French )
Maynard. Daniel. ( Gallipolis)
Moor, John. (Gallipolis)
M.Elwce. John. Mills, Beniamin,
McCulloch, William,
MeNemarre, John.
MeLeland. Samuel
Melntosh, Nathan.
Merrill. Simeon, Miller, Joseph.
Mark. ( French )
Meacham, (French )
Meron, ( French )
Nealy, Thomas. Nye. Ibenezer, family.
Nei-wanger. John, family
Olney, Coggswell, family,
O'Brien, Ichabodi.
Ovrey. ( French ) Putnam, Ezra, family.
Porter, Samuel.
Patterson. Benjamin, family,
Potts. James, Potts, Robert.
Potter, Rouse.
Petal. Joseph. ( Frenchi )
Pamey, Jean. ( French)
Pina, ( French ) Pierre, Jean. (French )
Potter, William. ( Gallipolis )
Page, Nathan, ( Gallipolis)
Proctor, Jacob. (Gallipolis) Potter, Benjamin, (Gallipolis) P'aliner, Frederick. ( Gallipolis) Randall, Ebenezer, ( Gallipoli-) Richardson, Phineas, (Gallipolis)
Rue, Reuben, ( Gallipolis)
Rogers, Joseph. ( Gallipolis)
Reed, Enoch, family. Rut. Harry.
Roder, - -, ( Frenchi ) Ransford, Joseph. family. Robbins, Isaac,
Slih, Thomas, ( Gallipolis )
Sergent, Roger, ( Gallipolis)
Sheldon. Jonathan, ( Gallipolis)
Safford. Robert. ( Gallipolis) Sholes, Richard, ( Gallipolis )
Snow. David. ( Gallipolis)
Smith. Joseph, ( Gallipolis)
Semans, Samuel, Smith, Williamn.
Simonds, Joseph, (wounded 1792.)
Stephens, Jacob,
Sparhawk, Noah.
Sprague, Nehemiah,
Smith, John.
Shepherd. John,
Simkins, David.
Shoemann, family. (French )
Scott, Alexander,
Tenner, George, family.
Thomas, Samuel, family,
Thierry. Francis, family (French)
Tintroff, Antoine. ( French )
Troop, Zebulon, (killed at Big Bottom)
Tryon. -- ----- , family ( French )
Uiter. Joseph, family,
l tter. Samuel.
U'tter, Reuben,
Vanmetre, William.
Vellermine.
Votier. -
Venard. Pierre, ( French)
Waterman, John,
Waterman, Sherman, (killed in 1794.)
Worth, John.
Weight Jonathan.
Waldow. Zachariah,
Wiser. Jacob.
Wood, Joseph.
Worth, George,
Wangh, Joseph.
Wesson, Wiliam, ( Gallipolis )
Warth, Robert. (killed in 1791)
( The total number of arrivals (men) in I790 was 203- exclusive of the French, 165-number of families 31. Of the whale number of French people, 38 men und two families remained some time at Marietta. )
Note F .-
FROM RUTLAND, MASSACHUSETTS, TO MARIET- T.1, OIHO.
(From Autobiography of Benjamin r. Stone. 1782-1873.)
I remember the morning of our starting for Ohio. Mr. Burlingame's family (and I was one of them) went to General ( Rufus) Putnam's the evening before. This was in September, 1790.
71
AND REPRESENTATIVE CITIZENS.
It seemed, even to the old folks, a vast en- terprise to go 800 miles into a savage coun- try, as it was then called. There were three ox-wagons with two yoke of oxen to each, and General Putnam's two-horse carriage and one saddle horse.
We were eight weeks on the journey. I was then eight years old-too young to re- member much about the journey. I think we did not travel on the Sabbath, for I dis- tinctly remember that we tarried at Betlile- hem, Pennsylvania, and attended public wor- ship. This was a settlement of people of the Moravian Church.
Near Simrell's Ferry, on the Youghioghe- ny River, we waited a few days till the boat+ were finished, which General Putnam had en- gaged the summer previous when he was re- turning from Ohio to New England.
It was slow tedious work on the river- often getting aground, when all the men from both boats had to unite to shove the boat over the shoal place.
At length we arrived at Marietta about nine o'clock in the morning-I cannot tell the day. The first resident of Marietta that I knew was Colonel Bent. He came into the boat to welcome us. His house was on Front street. though the streets were not distinguished from other parts of the great cornfield which cov- ered most of the town. Large girdled trees were standing all along from the Point to the Campus Martius.
Note G .-
The records of the Ohio Company show when and where the official name Marietta was given in honor of Queen Marie Antoin- ette. "At a meeting of the Directors of the Ohio Company on the 2nd day of July, 1788. and continued by adjournment to the 14th day of August, on the banks of the Muskingum and near the confluence of that river with the Ohio," among many other resolutions passed was the following :
Ohio and Muskingum be called Marietta. That the Directors write to His Excellency. Compte Moustiers, infornung him of their motives in naming the city, and requesting his opinion whether it will be advis- able to present Her Majesty of France a public square.
Note II .-
On the 9th day of July, Governor St. Clair arrived at Fort Harmar, escorted by a detachment of troops under Major Doughty, who had gone up to Pittsburg some days before for that purpose. He was received with military honors, and a salute of 14 guns. The 15th of July, as appears from the journal of Paul Fearing, was agreed upon for his first appearance before the citizens of the territory. At five o'clock, P. M., he came over from Fort Harmar in the government barge, escorted by the officers of the garrison, and the secretary, Winthrop Sargent, Esq. Ile was received in the bowery by General Put- namn, the judges of the Territory, and the prin- cipal inhabitants of the new colony. The sec- retary read the ordinance of Congress form- ing the Northwest Territory, the governor's commission, the judges', and his own. He was then congratulated on his welcome ar- rival at the seat of government by General Putnam, and three cheers closed the ceremon- ies of the day.
COMMISSION OF THE GOVERNOR.
The United States in Congress assembled to Arthur St Clair, Esq
We reposing special trust and confidence in your integrity, prudence, and ability. have constituted and appointed, and by these presents do constitute and appoint you, the said Arthur St. Clair. Governor, in and over He territory of the United States of America. northwest of the river Ohio; and commander-in-chief of the militia therein, to order, rule, and govern the same, conformably to the ordinance of the 13th of July. 1:87. entitled, "an Ordinance for the Government of the Territory of the United States, Northwest of the River Ohio," which is hereto affixed ; and we do hereby give mid grant to your, the said Arthur St. Clair, all the powers, authorities, and prerogatives assigned to the governor of the said territory in and by the said or- finance. And we do strictly enjoin all persons to pay Ine obedience to this, our commission. This commis- sion to take effect from the 1st day of February, 1788, and to continue in force fim the term of three years thereafter, unless sooner revoked by Congress. In
Resolved. That the city near the confluence of the { testimony. de.
72
HISTORY OF MARIETTA AND WASHINGTON COUNTY.
COMMISSION OF ONE OF THE JUDGES.
The United States in Congress assembled to Sam- uel Ilelden Parsons, Esq.
We, reprosing special trust and confidence in your wisdom, uprightness and integrity, have constituted and appoint, and by these presents do constitute and ap- pointed you, the said Samuel Holden Parsons, one of the judges in and over the territory of the United States northwest of the river Ohio, with full power and authority, in conjunction with one or more of the judges of said territory, to form a court, with all the powers and authorities incident to a court having a common law jurisdiction, and to exercise all such powers, and perform and execute all the duties directed by the ordinance of the 13th July. 1787, entitled, "an Ordinance for the Government of the Territory North- west of the River Ohio," which is hereto affixed : giving to you. the said S. H. P., all the powers and authorities assigned to a judge of the said territory, in and by the ordinance aforesaid; and we do enjoin all persons to pay due obedience to this our commission. This commission to continue and be in force. during good behavior, or during the existence of the govern- ment established by the ordinance aforesaid. You residing within the said territory. In testimony. &c.
The two other judges were James Mitch- el Varnum, from Philadelphia, and John Cleves Symmes, of New Jersey. Mr. Symmes had not arrived, but was expected on soon. Winthrop Sargent, secretary of the territory, was a native of Boston, but latterly a citizen of New Hampshire.
The judges who succeeded these in the Territory, were S. H. Parsons and J. C. Symmes, re-appointed by the President, with the advice and consent of the senate, and Will- iam Barton, in place of J. M. Varmum, de- ceased. August 20, 1789. In September, 1789, George Turner was appointed, Mr. Bar- ton having declined the office. On March 31, 1790, Gen. Rufus Putnam succeeded S. H. Parsons, deceased. Joseph Gilman was made a judge in place of General Putnam, who had received the office of surveyor general of United States lands, December 22, 1796; Feb- ruary 12. 1708. R. J. Meigs, Jr .. in the place of G. Turner, resigned. Judges Symmes, Gilman and Meigs were in office when the General Assembly of the Territory convened in September, 1799. (Chase's Stat. of Ohio. )
The first laws for the government of the Territory were published by the governor and
judges at Marietta. The more important of these early acts were: "A law regulating and establishing the militia." July 25, 1788; also "a law for establishing general Courts of Quarter Session of the peace ( and therein of the powers of single justices ), and for establishing County Courts of Common Pleas (and therein of the powers of single judges, to hear and deter- mine upon small debts and contracts ) ;" also a law for the establishing of the office of sheriff, and the appointment of sheriffs. The Court of Quarter Session was held four times a year in each county, and was composed of the jus- tices of the peace, nominated and commission- ed by the governor. Not less than three, nor more than five of these justices were especially named in a general commission, for holding the said Courts of Quarter Session. Three of them might hold special courts when required, one of them being of the quorum. In the year 1790, the number of justices was increased to nine in a county, and it received authority to divide the counties into townships, to appoint constables, overseers of the poor, clerks of townships, and to establish public roads.
The County Courts of Common Pleas were composed of not less than three nor more than five persons, commissioned by the governor, and authorized to hold and keep a court of rec- ord. This court convened twice a year, in each county, at the place where the Quarter Sessions were held. In 1790 the periods were increased to four in a year and the judges to seven. A sheriff was appointed by the gov- ernor for each county, who took the oath of allegiance to the United States, and of office, and gave a bond of $4.000. He had ample authority to suppress riots, keep the peace. arrest criminals. &c. ( Pub. Aug. 23. 1788.) A .Court of Probate was established, composed of a single judge for the settlements of es- tates, recording of wills. &c. This court was opened four times in a year. and oftener if necessary. . ( Pub. Aug. 30. 1788.)
The general court, for the territory of the United States northwest of the River Ohio, held four sessions in a year for civil and crim-
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AND REPRESENTATIVE CITIZENS.
inal suits, at such ponts in the Territory as the judges deemed most conducive to the pub- lie good, they giving timely notice of their sitting. The periods were the first Mondays of February, May, October, and December. Process, both civil and criminal, could be re- turned to this court at any place in the terri- tory, where they might be convened. They were not obliged to hold more than one court a year, in any one county. ( Pub. at Marietta, Aug. 30, 1788; Chase's Stat. of Ohio.)
The law respecting crimes and their pun- ishment, published on the 6th of September, 1788, shows that the principles of justice, mor- ality and good order, were deeply impressed on the hearts and minds of the Governor and judges. The section for the suppression and prevention of profanity, irreverent and ob- scene language, with the closing one for the sacred observance of the Christian Sabbath, are worthy of all praise, and the particular motive of modern law makers. In accordance with the usage of that period, the punishment for theft and minor offenses consisted of fines, whipping, confinement in the stocks, and bind- ing out to hard labor for a limited time, where the offense had been often repeated and the of- fender unable or refused to make restitution. For this purpose every county was provided with a pillory, whipping post, and stocks, in addition to the jail. These emblems of jus- tice were continued in Marietta, as a terror to evil-doers, as late as the year 1812. or until the period of the introduction of the present penitentiary system.
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