USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Two > Part 36
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On May II, 1792, the General Assembly quit-claimed to the inhabitants of several Connecticut towns whose
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THE RISE AND PROGRESS
property had been burned by the British in their incursions into the State during the Revolution, five hundred thousand acres lying across the Western end of the Reserve, bounded north by the lake shore, said lands to be divided among the grantees, the original sufferers of loss or their heirs or assigns, in proportion to their respective losses as found and reported by a committee previously appointed by the assembly. These lands are known in Connecticut history as "The Sufferers' Lands," in Ohio history as "The Firelands." The total number of "sufferers," as reported, was 1,870 and the aggregate losses £161,548, IIs, 61/2d, something over eight hundred thousand dollars. In 1796, the sufferers were incorporated in Connecticut, and in 1803 in Ohio, under the title "The Proprietors of the Half- Million Acres of Land lying south of Lake Erie." The lands were surveyed, divided into tracts and distributed to the sufferers according to each one's proportion. The Firelands-now including the counties of Huron and Erie-were peopled a little later than the eastern part of the Western Reserve, but as Alfred Mathews states, in his "Ohio and the Western Reserve," the settlers, when they did come, emphasized their native homes by giving their new settlements such Connecti- cut names as New Haven, East Haven, New London, Norwalk, Greenwich, Fairfield, Danbury, Ridgefield and Groton.
As the survey progressed it was estimated that the Western Reserve comprised the Reserve proper, 2,835,547 acres, Firelands, 500,000 acres, Salt-Spring Tract, 25,450 acres, Kelley's and the several Bass Islands, lying in the lake off the western end of the reser-
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vation, 5,924 acres, making a total of 3,366,921 acres- an excess over the area of the state of Connecticut itself of 173,921 acres. In May, 1795, the General Assembly offered the Reserve lands-excepting the Firelands-for sale, at fixed terms and conditions, appointed acommit- tee to negotiate the sale and set apart the proceeds as a perpetual Connecticut State Fund, the interest of which should be appropriated to the support of the State public schools.
In September following the above legislation, as is related by Professor B. A. Hinsdale in "The Old Northwest," the committee, appointed by the State for that purpose, sold the lands in bulk, without survey or measurement, to thirty-five purchasers, who severally agreed to pay stipulated sums, which to- gether, would amount to one million two hundred thousand dollars, the price of tract agreed upon. The committee made as many deeds as there were pur- chasers, the term "purchaser" being used in a legal sense, many of the purchasers named representing associate or sub-buyers. The deed granted to the purchaser, in behalf of the State of Connecticut, and to his heirs forever, all right, title and interest, “juridical, and territorial," in and to a certain number of twelve hundred-thousandths of the lands described, to be held by the said purchaser às tenant in common of said whole tract or territory with the other purchasers and not in severalty. In accordance therewith, the number of undivided shares that each purchaser received was the same as the number of dollars that he had agreed to pay toward the total purchase-money. The sale was on credit; the purchasers at the time gave their bonds for
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THE RISE AND PROGRESS
the amount of the several contracts, with personal secur- ity, but afterward they gave mortgages on the lands. The list of original purchasers and the amounts agreed to be paid by each is given by Colonel Charles Whittle- sey, in his "Early History of Cleveland" (1867), and the names show that while most of the buyers were from Connecticut, some were from Massachusetts and a few from New York. Oliver Phelps, "perhaps the largest land-speculator of the time," was at their head. September 5, 1795, the purchasers organized, constituting themselves the "Connecticut Land Com- pany," which was never incorporated but was main- tained rather as a "syndicate," in which all the members of the partnership joined in a deed of trust, covering the entire purchase, to John Caldwell, Jona- than Brace, and John Morgan. As special corporate powers were not given the purchasers by the General Assembly of Connecticut and doubts existed as to the validity of their political franchises, the trusteeship adopted by the "syndicate" was necessary for the convenient management of the business. The State guaranteed nothing either as to title or quantity of land. She only transferred all the rights she possessed, as well as those of property under her original charter; in fact she only gave a quit-claim deed. The members divided the stock into four hundred shares of $3,000 each. The land was to be surveyed into townships of five miles square and seven directors were chosen as follows: Oliver Phelps, Henry Champion, Moses Cleaveland, Samuel Mather and Roger Newberry. The annual meetings of the company were to be held in Hartford, from whence "New Connecticut" was to
MOSES CLEAVELAND
Leader of the western emigration of the Connecticut Land Company. His party landed at the mouth of the Cuyahoga, July 22, 1796, and founded the City of Cleve- land. It was the first settlement in the Western Reserve. Moses Cleaveland was born at Canterbury, Conn., January 29, 1754. He died at the same place November 16, 1806.
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the amount of thanAJaVAddo ag2ok, with personal secur-
mounts agreed
faciles
the nome most of the buyera were from Ch some ware from Massachusetts and
a few In York. Oliver Phelps, "perhaps the Jaros Lav la oilator of the time," was at their Uxt 3; ky5, the purchasers organized,
muchim the "Connecticut Land Com- Was never incorporated but was malu- camel sols as a "syndicate," in which all the mambos ( Teruelsluip joined in a deed of trust. covering the sale purchase, to John Caldwell, Jona- than Brux, w Aha Morgan. As apecial corporate power mis tuit given the purchasers by the General Assembly ar Conte heat and doubts existed as 10 the validity w their politiod franchises, the trusteeship adoptod t Le Wwynditale" will necessary for the (ue ) manwent rif the bosiness. The State pourmind soling other as to Title or quantity of Land Sha noly Transferred a' the righte she possessed, as well as theof property under her original charter; in fact she coly vare a gon-claim deed. The members divided the wu \ into four hundred shares of $3,000 eich. The lan was to be surveyed into townshipa of five miles sqlian and seven directors were chosen as follows: Oliver PJrx, Henry Champion, Mores Cleaveland, Samuel Mather and Roger Newberry. The annual meeting . the company were to be held in Hartford, from where "New Connecticut" was to
36Pm]
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OF AN AMERICAN STATE
be governed as New England had been by the Plymouth council in England. Moses Cleaveland, one of the directors, was made general agent of the company and Augustus Porter was chosen principal surveyor. In the spring of 1796, the directors of the company sent out the first party of surveyors, numbering in all fifty persons, seven surveyors, a commissary, a physician, a boatman, employees and other persons who came as settlers. There appear to have been but two women in the party, wives of two surveyors. They took with them horses and cattle. Some members of this party kept diaries of their journeyings, portions of which journals are set forth by Colonel Whittlesey. The party assembled at Schenectady and ascended the Mohawk to Fort Stanwix, whence most of them passed, with the boats and stores over the portage to Wood Creek, and then down that stream across Oneida Lake, and down Oswego River to Lake Ontario. Others of the party made their way by Canandaigua to Buffalo Creek, where, states the journal of John Holley, one of the assistant surveyors: "The council fire with the Six Nations was uncovered and Captain Brant gave General Cleaveland a speech in writing." Next morning, the 23d of June, there were speeches by Joseph Brant and Red Jacket, and finally after much discussion, General Cleaveland agreed to give the Indians $25,000, in money and goods, two beef cattle and one hundred gallons of whiskey, for the Iroquois claim to the lands east of the Cuyahoga River.
During this Buffalo Creek treaty, Red Jacket expressed his views upon the white man's religion, which Holley summarizes as follows: "You white
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THE RISE AND PROGRESS
people make a great parade about religion, you say you have a book of laws and rules which was given you by the Great Spirit, but is this true? No," says he, "it was written by your own people. They do it to deceive you. Their whole wishes center here (pointing to his pocket), all they want is the money." He says, "White people tell them, they wish to come and live among them as brothers, and learn them agriculture. So they bring on implements of husbandry and presents, tell them good stories, and all appears honest. But when they are gone all appears as a dream. Our land is taken from us, and still we don't know how to farm it."
From Buffalo Creek, the party continued westward along the lake shore, reaching the mouth of Conneaut Creek, on the east side of which the surveyors pitched their tents, and, says the Journal of Moses Cleaveland, "We gave three cheers and christened the place Fort Independence." It was July 4th (1796), and the party including men, women and children, "ranged them- selves on the beach and fired a federal salute of fifteen rounds and then the sixteenth in honor of New Con- necticut." Several toasts were drunk, one of which was, "May the Port of Independence and the fifty sons and daughters who have entered it this day be success- ful and prosperous," and another, "May these sons and daughters multiply in sixteen years, sixteen times fifty." Cleaveland's diary for that day closes with, (We) "drank several pails of grog, supped, and retired in remarkable good order."
The settlement of the Western Reserve properly dates from this celebration. The next day after
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the jollification, narrates Harvey Rice, in "Pioneers of the Western Reserve," the party united in cutting timber, and in erecting a huge, elephantine log structure for their own temporary accommodation and named it "Stow's Castle," in honor of Joshua Stow, commis- sary of the party. "It was built of unhewn logs, and covered with a thatched roof of brush, wild grass and sod," a grotesque looking edifice that greatly amused the visiting savages.
A few days after the completion of the "Castle" the Cleaveland party was called upon by a deputation of Indians headed by their aged Chief Paqua, and his son Cato, who came to inquire the purpose of the invasion of the whites, and to ask what they intended to do with the Indians. Cleaveland replied in a most conciliatory manner assuring the tribesmen that they should not be disturbed in their rights but that all would live amicably together. The Indians were further pacified with gifts of glass beads for the Squaws and a keg of whiskey for the "braves." The Indians then consented that the intended land surveys might proceed.
Some two weeks after the landing at Conneaut, Cleaveland with a portion of the party, embarked in an open boat, and coasted westward along the lake shore, bound for the Cuyahoga River. They came to the mouth of a stream not traced on their chart and supposing it to be the Cuyahoga, they entered it. Upon discovering their mistake, they felt so chagrined about it, says Rice, that they named the river "Cha- grin"-a designation it still retains; though James H. Kennedy in his "History of the City of Cleveland"
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THE RISE AND PROGRESS
states the authorities do not agree upon the origin of this river's name. The party now continued their voyage along the coast until they reached the "veri- table Cuyahoga," which they entered July 22d. Colonel Whittlesey, with realistic imagery portrays the landing: "It was necessary to proceed some dis- tance along this shore, before there was solid ground enough to effect a landing. As the Indians had, from generation to generation, kept open a trail along the margin of the lake, it is probable that Cleaveland's party, scanning with sharp eyes every object as they rowed along the river, saw where the aboriginal highway descended the hill, along what is now Union Lane. Here they came to the bank, and scrambling out, trod for the first time the soil of the new city. While the boat was being unloaded, the agent had an opportunity to mount the bluff, and scan the surrounding land. His imagination doubtless took a pardonable flight into the future, when a great commercial town should take the place of the stunted forest growth, which the northern tempest had nearly destroyed. But whatever may have been his anticipations, the reality has outstripped them all." Very soon the party proceeded to erect a log storehouse and several log cabins, for their own accommodation, and that of the few immigrants who had followed them with the pur- pose of settling or finding employment in the opening of a new country.
This settlement thus established on the lake, destined to become the metropolis of northern Ohio, was fittingly named after its founder, Cleveland. Just how the "a" was dropped from the name is a matter somewhat
CITY OF CLEVELAND IN 1800
Site and first log buildings erected in 1796 by the party of Moses Cleaveland. Reproduction of an old print.
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THE RISE AND PROGRESS
states the authorities Bo Lol upon the origin of Les isgodt d deri ni betegte aghibliud gol fafff Bris Stie nhg bio ns 10 noitonboa sts/6510 2901/Qued their
voyage along the coa they reached the "veri- table Cuyahoga," Do they entered July 23d.
Colonel Whilllesey, a realistic imagery portrayo the landing: I: www wepmity to proceed some dis- tance along clus hoe before there was solid ground enough 10 feet a la ling. As the Indians had, from generation ta geir si wn, kept open a trail along the margin of the lake i is probable that Cleaveland's paris- icatmine wich harp eyes every object as they rowed alon the river w where the aboriginal highway descended the hill _long what is now Union Lane. Here they Juje be the bank, and scrambling out, trod Tor ilc Brat Inar ris soji of the new city. While the boat woe hong a . fed, the agent had an opportunity to mount che bles, and scan the surrounding land. His jungination d btless took a pardonable flight into the future, will A great commercial town should take the place of theirunted forelt growth, which thie mortbem tem, at bad nearly destroyed. But whatever may have been his anticipations, the reality has outstippol tiem >IL" Very soon the party proceeded in met a lug storehouse and several log cabine, for Iner two accommodation, and that of the few immigrants who had followed them with the pur- pose of settling vy finding employment in the opening of a new country
This settlement thus earablished on the lake, destined to become the metzecolis of northern Ohio, was fittingly named after its bindex, Cleveland. Just how The "a" was dropped from the name is a matter somewhat
سايدر
سهولة اله
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OF AN AMERICAN STATE
in dispute. The original spelling "Cleaveland" seems to have been retained for some thirty years or more, when, one explanation is, the publisher of the "Cleve- land Advertiser," omitted the "a" from the name at the head of his paper because he could not fit, with the type used, the name in full, as a headline, to the width of his form. Another version is that, in early days, the first "a" in the "Cleaveland Herald" got battered and put out of commission and was never replaced. The new spelling was adopted by other papers and in due time became the common acceptation. As the change occurred before the days of phonetic spelling it doubtless resulted from some accident or exigency as related above.
Moses Cleaveland, the hero and leader of this settlement on the lake shore, was a prominent and much respected citizen of Canterbury, Connecticut, where he was born in 1754. He was a graduate of Yale, Class of 1777. He studied for the bar and after admission entered upon the practice of law in his native town. In August, 1789, he was appointed by Congress, a Captain of Sappers and Miners in the Continental Army. His ability and public usefulness are attested by the fact that he served several terms as a member of the Connecticut General Assembly. He also served in various capacities in the state militia, and in 1796, not long before he engaged in the Connecti- cut Land Enterprise, he became a general of the Fifth Brigade. In 1794 he was married to Esther, daughter of Henry Champion. According to the description of Harvey Rice, Cleaveland was a man of few words and prompt action; his morality was an outgrowth
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THE RISE AND PROGRESS
of Puritanism and as rigid as it was pure; he was manly and dignified in his bearing and so sedate in his looks, that strangers often took him for a clergyman; in per- sonal appearance he was of medium height, erect, thick-set, and portly, had black hair, a quick, pene- trating eye, muscular limbs, and a military air in his step, indicating that he was born to command.
It was several years before the survey of the new Western Reserve Empire was completed. The base lines of the survey were the western boundary of Pennsylvania, as determined ten years before (1786), and the parallel 41º latitude north as now (1796) run for the first time and extending west from Pennsylvania 120 miles. Fom this base line, lines were run north and south, five miles apart, and later cross lines, parallel to the base line, were run, five miles apart, thus making twenty-four townships across, east and west, and twelve, north and south, in the deepest place, that is on the extreme east. Each township was therefore twenty-five miles square. The town- ships, east and west, were numbered as "ranges," and from the base line north as "towns." Cleveland, for instance, was in Range 12, from the Pennsylvania line, and town 7 from the base line. The southern line of the Reserve, 41º north latitude, is often con- fused, by writers, including many historians, with the Geographer's Line which was 40° 38' 02° latitude north, the gap between the two lines being approxi- mately twenty-five miles, and according to recent researches in government archives by Mr. Albion M. Dyer, Curator of the Western Reserve Historical Society, the famous Seven Ranges running south from
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OF AN AMERICAN STATE
the Geographer's Line were not extended north until 1800 and 1801, when, under the direction of Rufus Putnam, then surveyor general, they were continued to the southern line of the Western Reserve, thus adding four townships to each range. The Geog- rapher's Line was extended west to the Ninth range, where it met the Indian boundary line of the Greenville Treaty, the line extending from Fort Laurens through Loramie's Station to Fort Recovery.
The lands of the Connecticut Land Company were drawn by the purchasers in four separate drafts, in 1798, 1802, 1807, and 1809. The deeds were made to the allotment share-holders, by the trustees of the Company, and with the last draft and deed allotment the Company was dissolved after being in existence fourteen years.
As a land speculation, however, the Connecticut Land purchase was not what was expected of it. Like the Ohio Company, the Scioto Company, the Symmes Purchase, and the French Colony, the Western Re- servers had their difficulties and disappointments. The ideas in 1795 concerning the southern shore of Lake Erie, dating from the old French days, had not been corrected; and the Connecticut Company sup- posed before the surveys were completed, that they were buying 4,000,000 acres of land. The survey proved that they bought less than 3,000,000 acres. Instead of thirty cents an acre they had paid more than forty cents. Nearly a fourth of their supposed purchase lay beneath the waters of Lake Erie. But greater troubles arose over the question of the political
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THE RISE AND PROGRESS
jurisdiction of this newly acquired domain. It was so serious as to even threaten to deprive them of their property altogether.
We cannot follow the details of the political dilemma into which the Western Reserve had fallen. These details may be found in the published accounts by Whittlesey and Hinsdale, the most reliable authorities upon this subject. Connecticut had sold to the Land Company the juridical and territorial right, as well as the soil, of the tract. But where was to rest the government of the new territory? "So little was known," says Whittlesey, "at this time, of the respective powers of the State and the United States, under the Constitution of 1787, that many of the parties thought the Land Company had received political authority and could found a new State. They imagined themselves, like William Penn, to be proprietors, coupled with the rights of self government." Indeed one of the toasts at the Conneaut Landing celebration was "the State of New Connecticut," which they had in mind, and believed they might organize. The "Reservers" had unquestionably passed out from under the government of Connecticut. On the other hand they had not become subservient to the jurisdiction of the United States, as their territory had never been ceded to the national government. The Western Reserve, therefore, was politically sui generis, it was a political orphan, anxiously seeking to be adopted by some governmental parentage. Governor St. Clair had included all that part of the Reserve lying east of the Cuyahoga River in his outlines of Washington County, which he organized July 26, 1788. In 1796 he included the
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OF AN AMERICAN STATE
whole Reserve in Wayne County which had its county seat at Detroit. But the new settlers of the Reserve rightly denied any such territorial jurisdiction. On January 27, 1797, the stockholders of the company, in a meeting at Hartford, instructed the directors and trustees to apply to the General Assembly for an act creating the Western Reserve into an entire and distinct county, with proper and suitable laws. But if such application was made, the Connecticut legis- lature took no action in the matter. It appeared unwilling to assume the political custody of a child so far from home. In the following October (1797), the stockholders gave the directors and trustees full authority to pursue such measures as they deemed best calculated to procure legal and practical govern- ment over the territory belonging to the company. Almost at the same time, the Connecticut assembly authorized its senators in Congress to execute in the name of Connecticut, a deed releasing to the United States the jurisdiction of the Western Reserve. But Congress refused to take action accepting the proffered cession. Meantime the Western Reserve, an outlaw indeed, was "calling for help more and more loudly," first upon the State of Connecticut and then upon the national Congress. But all in vain. The political anomaly of the Western Reserve was deterring im- migration and preventing land sales by those who wished to escape the perplexing troubles and return to their Connecticut homes. There was no govern- ment, no legal authority, title could not be established or recorded, contracts had no assured validity, pro- tection of person and security of property had no legal
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basis; it was "No Man's Land," without civil officers, laws or courts. Finally on February 18, 1800, Congress by resolution, appointed a committee of which the eminent jurist, John Marshall, was Chairman, to con- sider the expediency of accepting the cession of the jurisdiction of the Reserve. Mr. Marshall's favorable report recited the history of Connecticut title, the history of the cessions, the sale to the Land Company, and fully explained the difficulties and actual perils of the settlers of the Reserve. As a result of Mr. Marshall's report, Congress authorized the President, in behalf of the United States, to execute and deliver to the Governor of Connecticut, letters patent whereby the right, title, interest and estate of the United States to the territory, commonly called the Western Reserve, should be released and conveyed to said Governor. The bill provided, among other conditions, that Con- necticut should, within eight months from the passage of this act, execute and deliver to the President of the United States a deed expressly releasing to the United States the jurisdictional claim of the said State of Connecticut to the Reserve. This "Ease- ment Act," as it was called, passed Congress and on April 28, 1800, was approved by President Adams. The General Assembly of Connecticut promptly com- plied with the conditions of the congressional act and directed the Governor of the State to execute and deliver to the President of the United States, official deed of the jurisdiction of the Reserve. Thus the curious and unique problem, which as Hinsdale remarks, "gave such abundant opportunity for con- stitutional metaphysics and legal hair splitting," was
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