History of Muskingum County, Ohio ; with illustrations and biographical sketches of prominent men and pioneers, 1794, Part 9

Author: Everhart, J. F; Graham, A. A., Columbus, Ohio, pub
Publication date: 1882
Publisher: [Columbus, O.] : F.J. Everhart & Co.
Number of Pages: 600

USA > Ohio > Muskingum County > History of Muskingum County, Ohio ; with illustrations and biographical sketches of prominent men and pioneers, 1794 > Part 9

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My brother, you have invited us all and our brethren, the Six United Nations' and their allies, to come and sit under that tree you spoke of, there to light our pipes at the fire of prudence. and that we and they should endeavor to pre- serve it we don't doubt but that they would be

HISTORY OF MUSKINGUM COUNTY, OHIO.

glad to see it, but we must delay until all the nations be assembled here in a body for to answer that article of your speech.

My brother, we thank you for having cleansed this council chamber and for removing all that might be offensive therein, you may assure your- self. that we will do all that we can to answer your intention and avoid all that might tend to trouble or disturb our mutual harmony.

My brother, you have told us that you have been informed that some of us were going to the French, and you put us in mind of their conduct towards our ancestors, whom we remember very well. for their bones are false and deceitful ; they have given us very fine words and their letters were sweet, but their hearts were full of poison for us ; you know our affairs, my brother, as well as we, and the rest of the Six Nations are jealous of us. because we used the hatchet last against the French. Shall we now be accounted false and deceitful? no, you may be assured, that we will not go to Canada upon any request of the French, because we are not so much in their friendship ; also, my brother, do not believe all the reports that may be brought to you upon that subject.

My brother, we thank you at once for all you have told us : we have already said that it was necessary the Six Nations were assembled here to give a positive answer ; we thank you for the invitation you gave us to come here with the rest of our brethren ; we will not fail to meet them here."

The Chief Mohawk (Anies) of the upper village having requested to have a conference with Colonel Johnson, in the presence of the Secretary of Indian Affairs and the two inter- preters, Abraham spoke in the name of the Chief, and said :

My brother, when you were at New York you told us that our chiefs and warriors should rest on their mats, and wait until your return, which we have done: and why should we not, seeing we have at all times appeared ready to oblige you? And we are the more, since you tell us that you are a tree planted in order to put us under your shade, and we don't doubt but that our brethren of the other five Nations are all disposed to obey you.

My brother, it is very true that we have been always obedient and obliging to you, and seeing you told us that you would have us rest in the cabin, our young men being ready to go hunt- ing, being detained by your orders, have nothing to subsist on, they have begged our chiefs to represent their condition to you ; they want everything, not having been a hunting, and to pray you to give them some powder and shot, to kill some game for their subsistence, as it will be some time before the arrival of the other five Nations, and all of us receive the presents sent us by the King, our father ; whilst we wait, we pray you to give us what is purely necessary for us.

My brother, as we foresee the hard seasons are approaching, we renew the prayers to you we

often made to the safety of our wives and chil- dren : we hope you will actually execute."

COLONEL JOHNSON'S ANSWER.

"BRETHREN-I am perfectly convinced 01 your good disposition for me and of your com- plaisance at all times to listen to my words, and to do what I demand of you ; it is that which has engaged me to take your affairs in my consider- ation ; the fresh proofs you give me of your friendship and regard toward me, will enable me to serve your interests more effectually and to my satisfaction. I am sensible I have done you great hurt, as also to your young men, for detaining them at the time upon their mats. wherefore I readily grant you what you require of me, and will give you powder and bullets.

Before I left New York I represented before your brother, the Governor, the necessity of building a safe retreat for your families, and I have the pleasure to acquaint you that he hath given me full power to do it, and the workmen shall go about it as soon as possible."

[Signed.] JOHNSON.

May 17.

These speeches are from Craig's Olden Time, pages 244-5-6 and 7-the year is not given. This apparently peaceful disposition of things is followed up by a course not in harmony with it ; instance, a letter written by Sir William Johnson to different Governors concerning the plan of the expedition against the fort at Crown Point, which is as follows :

NEW YORK, May 5th, 1755.

"As I am nominated the Commander-in-Chief of the Colonies' forces, with regard to the expe- dition proposed against Crown Point, I think it my duty to endeavor all I can to remove the ob- stacles that might come in the way of the pres- ent service, and prevent everything that might not tend to the success of this undertaking. As a train of artillery is so essentially necessary that nothing can be done without it, and the Eastern Colonies are to provide it, I don't doubt of your doing all in your power to hasten things on that head, that our march may not be de- layed, and that we may not tarry longer at Al- bany than is necessary, which might confirm the enemy in the suspicion of an attack, if he should unfortunately have knowledge of it. I much fear I shall want proper persons to manage the train of artillery, wherefore, if you have in your province any persons capable of being an engi- neer or bombardier, or any other fit person to manage a train of artillery. I desire you would engage them into the service according to the knowledge you may have of their capacity. You must know, also, we want a great number of boats for transporting the troops, besides those that are necessary for the train of artillery, ammunition, and baggage. Every batteau must carry five men. We have already those which this Government was to provide for us. As I imagine the other Colonies are to get those bat- teaus (which they are to furnish) built either

J. R. LARZELERE, M. D.

DR. J. R. LARZELERE, the second son of Joseph and Harriett Larzelere, was born September 16th, 1826, in the town of Bristol, Bucks county, Penn- sylvania a beautiful little city on the shore of the historic Delaware river, twenty miles above Philadelphia. His parents came to Muskingum county about 1829, and settled in Springfield township, five miles west of the then town of Zanesville, where the family continued to live for ten years, when his father purchased and removed his family to what was then known as the Bernard Van Horn farm. About 1854 Joseph Larzelere bought and again removed his family to the old Esquire Whipple farm, where he died in the fall of 1877.

When eighteen years old the subject of this sketch decided to abandon agricultural pursuits and become a follower of Esculapius. After four years of study he graduated at the Jefferson Med-

ical College, Philadelphia, in 1852, and soon after located in Adelphi, Ross county, Ohio, where he remained two years in the practice of medicine, when he removed to the village of Putnam (now the Ninth ward in Zanesville).

The Doctor married Eliza A., daughter of Ber- nard Wortman, October 17th, 1854. This union was blessed with four children, Edward D., Charles M., Ella E., and Joseph B. January 30th, 1868, he married Annie E. Palmer, daughter of J. T. and R. Palmer, of Putnam, and Edna Dascum, Charles T. and Gordon P. have been added to the family. And now, after a successful career in the practice of medicine for thirty years, the Doctor and his happy family have the pleasure of con- trasting the struggles of "ye pioneer" in days long gone by, with the friendships and comforts with which they are surrounded.

HISTORY OF MUSKINGUM COUNTY, OHIO.

here or in the Jerseys, I look upon it as a thing impossible to build a sufficient number in time unless they send us workmen to help us."

I am, etc., WILLIAM JOHNSON.

"I, the subscriber, one of the Superior Council of Quebec, do certify that I have translated, etc.,

NUMBER XVI,

A proclamation directed by order of Charles Lawrence, Esq .. Governor of Acadia, to the French inhabitants of the neighborhood of the isthmus and the banks of the river St. John :

BY THE KING.

By order of his Excellency Charles Lawrence, Esquire, Lieutenant Governor, and Commander- in-Chief of the province of Nova Scotia, or Acadia, etc. :

A PROCLAMATION.

"To the inhabitants and others, the natives of Chigneeto, Bay Vert, Tintamar, Chiboudie, River St. John and their dependencies, and to all others who have not as yet submitted themselves :- Forasmuch as the greatest part of the inhabitants of the places aforesaid and others have not as yet submitted themselves to the King of Great Britain [This is remarkable, how it came to pass that ever since the treaty of Utrecht it never en- tered into their minds to require this submission. ] but on the contrary have behaved themselves in a manner contrary to all order and loyalty with regard to their own sovereign ;

These are, therefore, to order them to repair immediately to my camp to submit themselves, bringing with them all their arms, muskets, swords, pistols, and every other instrument of war; in disobedience whereof they shall be treated as rebels.

Given at our camp of Chignecto this 13th day of May, 1755." [Signed ] ROBERT MONCKTON.

A collection of papers tending to vindicate the conduct of the Court of France, in answer to the observations sent by the English Ministry to the several courts of Europe.

Part II, No. I (Craig's Olden Time), p. 251 .- A memorial delivered by the Duke de Mire- poix to Sir Thomas Robinson, January 15th, 1755, which is as follows :

"As an immediate prevention of the conse- quences which may arise from the unexpected difference in the several colonies of North Amer- ica and the hostilities which attended them is a matter of the utmost importance, the King pro- poses to his Britannic Majesty that, previous to an inquiry into the foundation and circumstances of this dispute, positive orders should be sent to our respective governors to forbid their engaging from henceforth in any new enterprise, or com- mitting any acts of violence ; on the contrary, to enjoin them without delay to establish matters in the same situation with respect to the territory of Ohio, or La Belle Riviere, in which they were, or ought to have been, before the last war; and

that the respective pretensions should be amica- bly submitted to the commission appointed at Paris, to the end that the differences between the two courts may be terminated by a speedy reconciliation.

The King is likewise desirous, in order to re- move every uneasy impression, and to make his subjects perfectly happy in the enjoyment of the inestimable blessings of peace, that his Britannic Majesty would be open and explicit with regard to the cause and destination of the armament last raised in England.

The King has too great confidence in the up- rightness of his Britannic Majesty's intentions not to expect that he will give his free and ready concurrence to propositions so conducive to the public tranquillity and a good harmony between our two courts."

.[Signed].

DUKE DE MIREPOIX.

Number 2 .- The answer to the foregoing memorial, delivered by order of the English Court to the Duke de Mirepoix, January 22d, 1755, is as follows :

"The King has beheld with concern the unex- pected difference in North America, and the hostilities with which they have been accompa- nied. His Majesty is equally desirous, with the Most Christian King, to put an end to them, de- manding nothing but what is founded on treaties and is agreeable to the just rights and posses- sions of his crown and the protection of his subjects in that part of the world.

The King is of opinion that the proposal com- municated by his excellency, the Duke de Mire- poix, is not express as to that matter ; neverthe- less, to manifest his desire of maintaining the most perfect peace, union and harmony with his most Christian Majesty, and to the end that mat- ters may be re-established on an equitable foot- ing, his Majesty proposes that the possession of the country along the river Ohio, or Belle Riv- iere, should be restored to the same condition as it was in at the conclusion of the treaty of Utrecht, and according to the stipulations made

in the same treaty, as it has been renewed by that of Aix-la-Chapelle; and, moreover, that the other possessions in North America be re- stored to the same condition in which they were at the conclusion of the said treaty of Utrecht, and agreeable to the cessions and stipulations made by that treaty. And then his Majesty will be able to treat of the method of instructing the respective Governors, to restrain them from en- gaging henceforward in any new enterprises, or committing any hostilities ; and the pretension, on both sides, may then be submitted to be speed- ily and finally discussed and amicably adjusted between the two courts.

Such are the sentiments of his Majesty : the de- fense of his rights and possessions, and the pro- tection of his subjects, have been his sole motives for sending an armament into North America. which he professes to have done without an in- tention to injure any power that exists, or to en- gage in anything that has a tendency to violate

HISTORY OF MUSKINGUM COUNTY, OHIO.

the general peace. To be convinced of this, the nature and extent of that armament need only to be considered, and the King does not doubt that his Most Christian Majesty, according to the well known uprightness of his intentions, will be as open and explicit, with respect to his great naval preparations at Brest and Toulon."

[Signed. ]

T. ROBINSON.

Numbers three and four are of similar tenor, with the exception that article two, in number four, declares :

"The subjects of their most Christain and Brit- anic Majesties shall evacuate the country between the river Ohio and the mountains which bound Virginia, and shall severally retire, viz: The French beyond the said river Ohio, and .the English on this side the mountains, so that all the territories which lies between the said river and mountains shall be looked upon as neutral during the continuance of the present conven- tion ; and all grants, if any there be, which have been made by either of the two nations on said territory, shall be considered as null and void."

And article four, which reads :

" Agreeable to the ninth article of the treaty of Aix-la-Chapelle, all things shall be restored to the same condition in North America, in which they were or ought to have been, since the treaty of Utrecht; in consequence of which all forts, which have been built by either nation since that era, shall be destroyed, as well upon the said ter- ritory of Ohio, as in every other part of North America which is in dispute between the two na- tions.'

Number five is of a similar character to those cited, with an enumeration of propositions from each side, without arriving at a settlement.

In number seven the French diplomate, M. Rouille, to the Duke de Mirepoix, the 27th of March, 1755, sums up the matter by saying that "the King will make no scruple of communica- ting to the King of England duplicates of the or- deis and instructions which his Majesty shall send to his Government and commanders, if his Majesty will on his part act with the same can- dor and confidence towards the King. What we propose in this respect is so consistent with all the rules of equity and moderation that we do not conceive it will or can be rejected, if the desire of peace is as real and sincere at London as it is at Versailles."

Number 7 .- Answer delivered by the Court of London to the Duke de Mirepoix, the 5th of April, 1755. The summing up of this is ex- pressed in these lines : "The Court of London finds the same difficulties in this proposal which presented themselves at the beginning of the ne- gotiation, and cannot think it by any means fa- vorable to reconciliation."

Numbers 8, 9, 10 and II are remarkable chiefly for diplomatic dodging and bantering on the part of the two Kings.

Number 12 .- Memorial of the Duke de Mire- poix to the the Ministry of London, May 14th, 1755.

The differences between the Courts of France and England, concerning America, have four objects in view: Ist, The limits of Acadia ; 2d, The limits of Canada; 3d, The course and ter- ritory of Ohio ; 4th, The islands of St. Lucia, St. Vincent, Dominica, and Tobago. We pass on to the 3d article, "Concerning the course and territory of Ohio."

It is evident and incontestable from the princi- ples of justice, mutual convenience and security, as well as from titles and records, that the Ohio ought to be a part of the possessions of France. The English have not any settlements on that river ; and when the British Ministry asserted that the heads of that river were full of ancient settlements of their nation, they too readily gave credit to false relations. The French have ever looked upon that river as belonging to Canada, and it is essentially necessary to them for the communication of Canada with Louisiana. They have frequented it at all times, and with forces. It was also by that river that the detachment of troops passed, who were sent to Louisiana about the year 1739, on account of the war with the Chickasaws.

If there had been any English settlements on the river at that time, or if it had been a part of the British Colonies, would the French have been permitted to go down the river's whole length, or would not the Court of London at least made some complaints? But then there was as yet no talk of the new pretensions, which have since risen without proof, title, or any sort of founda- tion. It is true, that within these late years some English traders passed the mountains of Vir- ginia, and ventured to carry on a fur trade with the Indians on the Ohio. The French Governors of Canada contented themselves at first with ac- quainting them that they were within the terri- tory of France, and enjoined them not to return, that they were within the territory of France, and enjoined them not to return there, under penalty of having their effects seized and being made prisoners. The traders, however, returned, their goods were confiscated and sold, and they were personally arrested, taken to Quebec, and from thence to France, where they were thrown into prison at Rochelle. No reclaim or complaint was made by the Court of London ; they were looked upon as contraband traders, whom their avarice had exposed to the hazards of an illicit commerce.

After having thus firmly established the right and possession of the French on the river and .territory of the Ohio, it ought to be considered as a very convincing proof of their love of peace, that they are most ready and willing to stipulate that all territory between the Ohio and the moun- tains which bound Virginia shall remain neutral, and that all the commerce in, or passage through the same, shall be prohibited as well to the French as the English. There were four points brought in question in memorial number xiii : The limits of Acadia, the limits of Canada, the course and territory of the Ohio, and the islands St. Lucia, St. Vincent, Dominica and Tabago.

HISTORY OF MUSKINGUM COUNTY, OHIO.

The third, the territory of Ohio, is the only one demanding our attention, and reads as follows : "Notwithstanding all that is advanced upon this article, the Court of Great Britain cannot admit that France has the least title to the river Ohio and the territory in question ; even that of possession, neither can nor ought to be alleged on this point, since France cannot pretend to have had any before the treaty of Aix la Cha- pelle, nor since, unless it be some forts unjustly erected in the last place, upon lands which evi- dently belong to the Five Nations, or which they have transferred to the Crown of Great Britain, or its subjects, which may be proved from trea- ties and the most authentic acts.

"The title which France seems most to insist upon, is the use made of this for communication between Canada and Louisiana, but, in fact, they have never made any use of it, unless it was occasionally or secretly, and, as perhaps might have happened in so vast a region, in such a manner as not to be taken notice of, which, however, cannot give them the least shadow of right.

"The rivers Miami and Oubache only have been used for some years, as a communication between Canada and Louisiana ; not that Great Britain can admit that France has any right to these rivers, much less still to a passage, so near as they are to the river Ohio. As to the use they made of this last river, on account of the war with the Chickasaws, the allies and friends of Great Britain did not even make a formal com- plaint of it ; it will not follow that violence com- mitted at a certain nice and critical conjuncture, should serve as a foundation for new encroach- ments. This is much the same with the rash and inconsiderate measures taken by a Governor of a remote colony, who prohibited the English from passing the mountains of Virginia, under penalty of having their goods seized and being made prisoners. The manner in which the Court of Great Britain complains of such like proceed- ings has been sufficiently manifested, in the memorial, although this was never delivered to the Court of France, as reported by the late Earl of Albemarle as being delivered March 7th, 1752. What the Court of Great Britain asserts and in- sists upon, is that the five Iroquois nations, ac- knowledged by France to be the subjects of Great Britain, are either originally, or by right of conquest, the lawful proprietors of the terri- tory of Ohio in question. And as that part of the territory, which those people have ceded and transferred to the British nation, (which must be acknowledged to be the most lawful and equita- ble manner of acquiring it), they claim it as their property, which they have not ceased to cultivate twenty years and more, and upon several parts of which they have formed settlements from the very sources of Ohio, as far as Pickhac-Villains, which is the center of the territory between Ohio and Oubache. But, notwithstanding these facts are so clear and evident, the Court of Great Britain, for the sake of peace, and the preserva- tion of a good understanding between the two

Courts, have proposed, in order to prevent all future disputes, to leave that tract of land in those parts neutral and uncultivated, which has already been declared to the Court of France, and Great Britain is ready to adjust and limit the precise extent of it, by an amicable negotiation. [Signed. ] "T. ROBINSON."

Statutes of Ohio (S. P. Chase), vol. I, " Prelim- inary Sketch," p. 15, reads as follows :

"In May, 1785, soon after the ratification of the treaty concluded at Fort McIntosh, with the Wyandots, Delawares, Chippewas and Ottawas, the United States acquired the title to all lands lying east, west and south of a line drawn from the mouth of the Cuyahoga, up that river to the Tuscarawas portage, and to the Tuscarawas above Port Lawrence; thence to Loramies ; thence with the river to Lake Erie. The terri- tory thus ceded included about three-fourths of the State of Ohio."

The United States, therefore, by treaty, hav- ing acquired the ownership to so much of the State of Ohio, her citizens began to go to and possess the land, and defend their right thereto ; and the fortunes of war closed the scene, as between the Colonies and Great Britain, in favor of American sovereignty.

CHAPTER III.

POLITICAL HISTORY.

EARLY LEGISLATION-FIRST TERRITORIAL LEGIS- LATURE-HOW CRIME WAS PUNISHED IN "YE OLDEN TIME"-OHIO ADMITTED INTO THE UNION-ACT TO ESTABLISH THE COUNTY OF MUSKINGUM-JUDICIAL SYSTEM OF OHIO-"THE CIRCUITS"-SUPREME COURT-COMMON PLEAS COURT-FIRST PETIT JURY-CLERKS OF THE SUPREME COURT-CLERKS OF THE COMMON PLEAS COURT - PROSECUTING ATTORNEYS- COMMON PLEAS JUDGES-ASSOCIATE JUDGES- COMMON PLEAS COURT-COURT HOUSES-MUS- KINGUM COUNTY BAR-MEMBERS OF THE STATE CONSTITUTIONAL CONVENTION - MEMBERS OF CONGRESS-STATE SENATORS - SPEAKERS OF TIIE O1110 LEGISLATURE-COUNTY OFFICERS.

The first acts of Territorial Legislation were passed at Marietta, then the only American settlement northwest of the Ohio. The Govern- or and Judges did not strictly confine themselves within the limits of their legislative authority, as prescribed by the ordinance (1787). When they could not find laws of the original States suited to the condition of the country, they sup- plied the want by enactments of their own. The earliest laws, from 1788 to 1795, were all thus enacted. (From Chase's Statutes, p. 25). In the year 1789 the first Congress passed an act recognizing the binding force of the ordi- nance of 1787, and adopting its provisions to the Federal Constitution. The act provided that the communications directed in the ordinance to be made to Congress or its officers, by the Govern-

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History of Muskingum County, Ohio ; with illustrations and biographical sketches of prominent men and pioneers, 1794, Part 9

Author: Everhart, J. F; Graham, A. A., Columbus, Ohio, pub Publication date: 1882 Publisher: [Columbus, O.] : F.J. Everhart & Co. Number of Pages: 600

Author: Everhart, J. F; Graham, A. A., Columbus, Ohio, pub
Publication date: 1882
Publisher: [Columbus, O.] : F.J. Everhart & Co.
Number of Pages: 600