USA > Ohio > Preble County > History of Preble County, Ohio, with Illustrations and Biographical Sketches > Part 104
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"When this region was first settled, there was an Indian trail com- mencing at Fort McIntosh (Beaver, Pennsylvania), and extending west- ward to Sandusky 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 aborig- inal thoroughfare from Sandusky to the Ohio river. There were ser- eral 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, Frederick Daniels and others, in 1814, discovered, painted on several trees, various de- vices, 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 particular manner, one of whom was without a head. This was supposed to have been made by a party on their return westward, to give intelli- gence to their friends behind, of the loss of one of their party at this place; and, on making search, a human skeleton was discovered near by."
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HISTORY OF OHIO.
The celebrated 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 that in Summit county. John Humphries came to this part of the State with General Simon Kenton, in 1799. With them came six families from Kentucky, who settled north of the site of Spring- field. A fort was erected on Mad river, for security against the Indians. 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 was four days and a half in getting from Franklin- ton, 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 denominations.
Clark county is made famous in aboriginal history as the birthplace and childhood home of the noted Indian, Tecumseh .* He was born in the old Indian town of Piqua, the ancient Piqua of the Shawnees, on the north side of Mad river, about five miles west of Springfield. The town was destroyed by the Kentucky rangers, under General George Rogers Clarke, in 1780, at the same time he destroyed "Old Chillicothe." Immense fields of standing corn about both towns were cut down, compell- ing the Indians to resort to the hunt with more than or-
dinary vigor, to sustain themselves 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, Pennsylvania. When they ar- rived 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 emigrants 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 additions 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 westward. Old set- tlements in Ohio received immense increase of emi- grants, while, branching out in all directions like the radii of a circle, other settlements 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 repre- sentatives chosen by their own votes. Hitherto, they had been ruled by a governor and judges appointed by the president, who, in turn, appointed county and judi- cial 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 govern- ment stronger, and finally led to its creation.
CHAPTER X. OHIO AS A STATE.
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 Governor St. Clair, who, having as- certained that five thousand free males resided within the
* Tecumseh, or Tecumshe, was a son of Puckeshinwa, a member of the Kiscopoke tribe, and Methoataske, of the Turtle tribe of the Shaw- nee nation. They removed from Florida to Ohio soon after their mar- riage. The father, Puckeshinwa, rose to the rank of a chief, and fell at the battle of Piont Pleasant, in 1774. After his death, the mother, Methoataske, 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 twenty-seven years of age, was made chief. The next year he removed to Deer creek, in the vicinity of Ur- bana, and from there to the site of Piqua, on the Great Miami. In 1798 he accepted the invitation of the Delawares in the vicinity of the White river, Indiana, and from that time made 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 undoubtly killed in the outset of the battle of the Thames, in Canada, in 1814, and his body secretly buried by the Indians.
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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, or upper house. These five were Jacob Burnett, James Findley, Henry Vanderburgh, Robert Oliver and David Vance. On the third of March, the senate confirmed their nomination, and the Territorial government of Ohiot-or, more properly, the Northwest-was complete. As this comprised the es- sential 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 Cin- cinnati, but, for want of a quorum, did not organize until the twenty-fourth. The house consisted of nine- teen members, seven of whom were from Hamilton 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, Governor St. Clair addressed them, recom- mending such measures to their consideration as, in his judgment, were suited to the condition of the country. The council then organized, electing Henry Vander- burgh, president; William C. Schenck, secretary ; George Howard, door-keeper, and Abraham Carey, sergeant-at- arms.
The house also organized, electing Edward Tiffin, speaker ; John Reilly, clerk; Joshua Rowland, door- keeper, and Abraham Carey, sergeant-at-arms.
This was the first legislature elected in the old North- western territory. During its first session, it passed thirty bills, of which the governor vetoed eleven. They also elected William Henry Harrison, then secretary of the territory, delegate to congress. The legislature con- tinued in session till December 19th, having much to do in forming new laws, when they were porogued by the governor 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 establishing In- diana territory, including all the country west of the Great Miami river to the Mississippi, and appointed William Henry Harrison its governor. At the autumn session of the legislature of the eastern, or old part of the territory, William McMillan was elected to serve out the unexpired term of Harrison, and Paul Fearing to serve from 1801 to 1803. By the organization of this territory, the coun- ties of Knox, St. Clair and Randolph, were taken out of the jurisdiction of the old territory, and with them the representatives, Henry Vanderburgh, 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 re- sult. Robert Oliver, of Marietta, was chosen speaker in the place of Henry Vanderburgh. There was consid- erable business at this session ; several new counties were to be erected; the country was rapidly filling with peo- ple, 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 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 displacement by the Pres- ident. 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 con- tinued from November 24, 1801, to January 23, 1802, when it adjourned to meet in Cincinnati, the fourth Monday in November, but owing to reasons made obvi- ous 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 gov- ernment, 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 elec- tion had been held in this part of the territory, and members of a constitutionel convention chosen, who were to meet at Chillicothe, November Ist, to perform the duty assigned them.
The people throughout the country contemplated in the new State, were anxious for the adoption of a State government. The arbitrary acts of the Territorial gov- ernor had heightened this feeling; the census of the ter- ritory gave it the lawful number of inhabitants, and nothing stood in its way.
The convention met the day designated, and pro- ceeded at once to its duties. When the time arrived for the opening of the fourth Territorial legislature, the con- vention was in session and had evidently about com- pleted its labors. The members of the legislature (eight of whom were members of the convention) seeing that a speedy termination of the Territorial government was in- evitable, wisely concluded it was inexpedient and un- necessary to hold the proposed session.
The convention concluded its labors the twenty-ninth
* Those elected were: From Washington county, Return Jonathan Meigs and Paul Fearing; from Hamilton county, William Goforth, 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. Chabart de Joncavie; from Adams county, Joseph Darlington and Nathaniel Massie; from Jefferson county, James Pritchard; from Ross county, Thomas Worthington, Elias Langham, Samuel Findley and Edward Tiffin. The five gentlemen chosen as the upper house were all from counties afterward included in Ohio.
+Ohio never existed 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.
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of November. The constitution adopted at that time, though rather crude in some of its details, was an excel- lent 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 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 ad- mitting Ohio to the Union.
The Territorial government ended March 3, 1803, by the organization, that day, of the State government, which organization defined the present limits of the State.
"We, the people of the eastern division of the territory of the United States, northwest of the river Ohio, having the right of admis- sion 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 territory 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 purposes;' 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 following constitution or form of govern- ment; and do mutually agree with each other to form ourselves into a free and independent State, by the name of the State of Ohio." *- Pre- amble, Constitution of 1802.
When the convention forming the constitution, com- pleted its labors and presented the results to Congress, and that body passed the act forming the State, the ter- ritory included therein, was divided into nine counties, whose names and dates of erection were as follows:
Washington, July 27, 1788; Hamilton, January 2, 1790; (owing to the Indian war no other counties were erected till peace was restored); Adams, July 10, 1797; Jefferson, July 29, 1797; Ross, August 20, 1798; Cler- mont, Fairfield and Trumbull, December 9, 1800; Bel- mont, September 7, 1801. These counties were the thickest settled part of the State, yet many other locali- ties needed organization and were clamoring for it, but owing to St. Clair's views, he refused to grant their re- quests. One of the first acts on the assembling of the State legislature, March 1, 1803, was the creation of seven new counties, viz., Gallia, Scioto, Geauga, Butler, Warren, Greene and Montgomery.
Section sixth of the "schedule" of the constitution required an election for the various officers and repre- sentatives necessary under the new government, to be held the second Tuesday of January, 1803, these officers to take their seats and assume their duties March 3rd.
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 there- after 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; Colonel Thomas Gibson, auditor; William Mc- Farland, treasurer; Return J. Meigs, jr., Samuel Hunt- ington and William Sprigg, judges of the supreme court; Francis Dunlavy, Wyllys Silliman and Calvin Pease, president judges of the first, second and third districts, and Thomas Worthington and John Smith, United States Senators. Charles Willing Byrd was made the United States district judge.
The act of Congress forming the State, contained cer- tain requisitions regarding public schools, the "salt springs," public lands, taxation of government lands, Symmes' purchase, etc., which the Constitutional conven- tion 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 to do regarding these various items, and, at once, set themselves to the task. Laws were passed regarding 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 do- ing 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 prevailed, inducing each one to perform his part as effectually as his knowl- edge permitted.
The State continually filled with people. New towns arose all over the country. Excepting the occasional sickness caused by the new climate and fresh soil, the general health of the people improved as time went on. They were fully in accord with the President, Jefferson, and carefully nurtured those principles of personal lib- erty engrafted 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 government until Burr's expedition and plan of secession in 1805 and 1806 ap- peared. 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 en- gaged in his scheme, whatever its imports were.
* The name of the State is derived from the river forming the south- ern boundary. Its origin is somewhat obscure, but is commonly as_ cribed to the Indians. On this point, Colonel Johnston says: "The Shawnees called the Ohio river ' Kis-ke-pi-la sepe,' i. e., 'Eagle river .. The Wyandots were in the country generations before the Shawnees, and, consequently, their name of the river is the primitive one and should stand in preference to all others. Ohio may be called an im- provement 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 fair to look upon.""- Howe's Collections.
Webster's Dictionary gives the word as of Indian origin, and its meaning to be, "beautiful."
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Again, for a period of four or five years, no exciting events occurred. Settlements continued; mills and fac- tories increased; towns and cities grew; counties were created; trade enlarged, and naught save the common course of events transpired to mark the course of time. Other States were made from the old Northwest Terri- tory, 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 inter- ference 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, un- til events here and on the high seas culminated in a declaration of hostilities, and the war of 1812 was the result. The deluded red 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, however, 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, considerable discontent pre- vailed among many of the legislators regarding the rul- ings of the courts, and by many of these embryo law makers, the legislative power was considered omnipo- tent. They could change existing laws and contracts did they desire to, thought many of them, even if such acts conflicted 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 juris- diction in amounts not exceeding 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 di- rect contradiction against the organic law of the land- to which every other law and act is subversive, and when the judges declared the legislative act unconstitutional and hence null and void, the legislature became sud- denly inflamed at their independence, and proceeded at once to punish the administrators of justice. The legis- lature was one of the worst that ever controlled the State, and was composed of many men who were not only ignorant 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 im- peach 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 cer- tain judges and civil officers for seven years, to mean seven years from the organization of the State, whether they had beeu officers that length of time or not. All officers, whether of new or old counties, were construed as included in the act, and, utterly ignoring the constitu- tion, an act was passed in January, 1810, removing
every civil officer in the State. February 10th, they pro- ceeded to fill all these vacant 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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