USA > Ohio > Seneca County > History of Seneca County : Containing a detailed narrative of the principal events that have occured since its first settlement down to the present time > Part 3
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The slaughter had now become prodigious. Four-fifths of the officers and one-half of the men were either killed or wounded. The ground was covered with bodies, and the little ravine which led to the river, was running with blood. The fire of the enemy had not in the least slackened, and the troops were falling in heaps before it, in every part of the camp. To have attempted to maintain his position longer, could only have led to the total destruction of his force, without the possibility of annoying the enemy, who never showed them- selves, unless when charged, and whose numbers (to judge from the weight and extent of the fire) must have equaled, if not exceeded his own. The men were evidently much dis- heartened, but the officers, who were chiefly veterans of the Revolution, still maintained a firm countenance, and exerted themselves with unavailing heroism to the last. Under these circumstances, St. Clair determined to save the lives of the survivors, if possible, and for that purpose collected the rem- nants of several battalions into one corps, at the head of which he ordered Lieutenant Colonel Darke to make an impetuous charge upon the enemy, in order to open a passage for the
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remainder of the army. Darke executed his orders with great spirit, and drove the Indians before him, to the distance of a quarter of a mile. The remainder of the army instantly rush- ed through the opening, in order to gain the road ! Major Clarke, with the remnant of his battalion, bringing up the rear, and endeavoring to keep the Indians in check. General St. Clair's horses were killed, as well as those of his aids. He was placed, by a few friends, upon an exhausted pack-horse that could not be urged out of a walk, and in this condition fol- lowved in the rear of his troops.
The retreat soon degenerated into a total rout. Officers who strove to arrest the panic, only sacrificed themselves. Clarke, the leader of the rear guard, soon fell in this dangerous ser- vice, and his corps were totally disorganized. Officers and soldiers were now mingled without the slightest regard to dis- cipline, and "devil take the hindmost," was the order of the day. The pursuit, at first, was keen, but the temptation afford- ed by the plunder of the camp, soon brought them back, and the wearied, wounded, and disheartened fugitives, were per- mitted to retire from the field unmolested. The rout continu- ed as far as Fort Jefferson, twenty-nine miles from the scene of action. The action lasted more than three hours, during the whole of which time, the fire was heavy and incessant.
The loss, in proportion to the number engaged, was enor- mous, and is unparalleled, except in the affair of Braddock .- Sixty-eight officers were killed upon the spot, and twenty-eight wounded. Out of nine hundred privates, who went into the action, five hundred and fifty were killed, and many were woun- ded. General St. Clair was untouched, although eight balls passed through his hat and clothes, and several horses were kill- ed under him. The Indian loss was reported by themselves at fifty-eight killed and wounded, which was probably not under- rated, as they were never visible after the first attack, until 4
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charged with the bayonet. At Fort Jefferson, the fugitives were joined by the first regiment, who, as noticed before, had been detached in pursuit of the deserters. Here a council of war was called, which terminated in the unanimous opinion, that the junction with the first regiment did not justify an at- tempt upon the enemy in the present condition of affairs, and that the army should return to Fort Washington without delay. This was done; and thus ended the second campaign against the Indians.
There was an interval of more than a year between the de- feat of St. Clair, and the appointment of his successor. The choice fell upon General Wayne of Pennsylvania, and he lost no time in proceeding to the head-quarters of the western ar- my, and arrived at Fort Washington in the spring of 1793 .- Reinforcements of regular troops were constantly arriving, and in addition to the usual complement of cavalry and artillery, a strong legionary corps was raised upon continental establish- ment, and placed under his command. In addition to this, he was authorized to call upon the governor of Kentucky, (Shel- by,) for as many mounted militia as might be necessary. It was so late in the season, however, before all the various for- ces could be collected, and all the necessary supplies procured, that he judged it prudent to defer any offensive movement un- til the spring.
The mounted volunteers were accordingly dismissed, with some flattering encomiums upon their zeal and readiness, while the regular forces were placed in winter quarters. During the winter, Wayne remained at a fort which he had built upon a western fork of the Little Miami, and to which he had given the name of Greenville. By detachments from the regular troops, he was enabled to sweep the country lying between him and the Miami villages, and having taken possession of the ground upon which St. Clair was defeated, he erected a small
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fort upon it, which he called " Recovery." His orders were positive, to endeavor if possible, to procure peace upon reason- able terms, without resorting to force, and he accordingly open- ed several conferences with the hostile tribes, during the win- ter. Many of their chiefs visited him in his camp, and exam- ined his troops, artillery and equipments with great attention, and from time to time made ample professions of a disposition to bury the hatchet ; but nothing definite could be drawn from them, and from the known partiality of Wayne to the decision of the sword, could it be supposed that he pressed the overtures with much eagerness. As the spring approached, the visits of the Indians became more rare, and their professions of friend- ship waxed fainter. In February, they threw aside the mask at once, and made a bold effort to carry the distant out-post at Fort Recovery, by a coup-de-main. In this, however, they were frustrated by the vigilance and energy of the garrison ; and finding that Wayne was neither to be surprised nor deceiv- ed, they employed themselves in collecting their utmost strength with a determination to abide the brunt of battle.
In the spring, the general called upon the governor of Ken- tucky for a detachment of mounted men, who repaired with great alacrity, to his standard, in two brigades, under Todd and Barbee, the whole commanded by Major General Scott, amount- ing to more than fifteen hundred men, accustomed to Indian warfare. The regular force, including cavalry and artillery, amounted to about two thousand, so that the general found him- self at the head of three thousand men, well provided with ev- ery thing, in high spirits, and eager for battle. The Indian force did not exceed two thousand, and was known to have as- sembled in the neighborhood of the British fort at the rapids of the Miami.
It was late in July, before Wayne was ready to march from Greenville, and from the nature of the country, as well as the
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necessity of guarding against surprise, his progress was very leisurely. He continued his march, however, in order of battle until he arrived within view of the enemy. The regular force formed the centre column, one brigade of mounted volunteers moved upon the left under General Barbee, the other brought up the rear under Brigadier Todd. The right flank was covered by the river, and Major Price, with a select corps of mounted volunteers, was advanced about five miles in front, with orders to feel the enemy's position, and then fall back upon the main body. About noon, the advanced corps received so heavy a fire from a concealed enemy as to compel it to retire with precipitation. The heads of the columns soon reached the hostile ground and had a view of the enemy. The ground for miles was covered with a thick growth of timber ; which ren- dered the operation of cavalry extremely difficult. The In- dians occupied a thick wood in front, where an immense num- ber of trees had been blown down by a hurricane, the branches of which were interlocked in such a manner as greatly to im- pede the exertions of the regulars.
The enemy were formed in three parallel lines, at right angles to the river, and displayed a front of more than two miles. Wayne rode forward to reconnoiter their positions, and perceiving from the weight and extent of the fire that they were in full force, he instantly made dispositions for the attack. The whole of the mounted volunteers were ordered to make a circuit, for the purpose of turning the right flank of the Indi- ans ; the cavalry were ordered to move up under cover of the river bank, and if possible, turn their left ; while the regular infantry were formed in a thick wood in front of the " fallen timber," with orders, as soon as the signal was given, to rush forward at full speed without firing a shot, arousing the enemy from their covert at the point of the bayonet, and then to deliver a close fire upon their backs, pressing them so closely as not
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to permit them to re-load their guns. All these orders were executed with precision. The mounted volunteers moved off rapidly to occupy the designated ground, while the first line of infantry was formed under the eye of the commander, for the perilous charge in front.
As soon as time had been given for the arrival of the several corps upon their respective points, the order was given to ad- vance, and the infantry, rushing through a tremendous fire of rifles and overleaping every impediment, hastened to close with their concealed enemy and maintain the struggle on equal terms. Although their loss in this desperate charge was by no means inconsiderable, yet the effect was decisive. The enemy rose and fled before them more than two miles with considerable loss, as, owing to the orders of Wayne, they were nearly as much exposed as the regulars. Such was the rapidity of the advance and the precipitation of the retreat, that only a small part of the volunteers could get up in time to share in the action, although there can be no question that their presence and threatening movement contributed equally with the impetuous charge of the infantry, to the success of the day.
The broken remains of the Indian army were pursued un- der the guns of the British fort, and so keen was the ardor of Wayne's men, and so strong their resentment against the En- glish, that it was with the utmost difficulty they could be res- trained from storming the fort upon the spot.
The Indian force being thus completely dispersed, their corn- fields cut up, and their houses burned, Wayne drew off his for- ces from the neighborhood of the British post, and in order to hold the Indians permanently in check, he erected a fort at the junction of the Auglaize and Miami in the very heart of the Indian country, to which he gave the very appropiate name of Defiance. As this was connected with Fort Washington by various intermediate fortifications it could not fail completely 4*
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to overawe the enemy, who in a very short time, urgently and unanimously demanded peace.
Accordingly, on the 3d of August, 1795, a grand council was held at Greenville, where eleven of the most powerful tribes of the north-west were represented, to whom General Wayne dic- tated the terms of peace. The treaty thus negotiated, stipula- ted for the mutual release of prisoners. The boundary estab- lished at Fort McIntosh was confirmed and extended westward from Loramies to Fort Recovery, and thence south-west to the mouth of the Kentucky river. All the territory eastward and southward of the line thus established, was ceded to the United States ; and the Indians solemnly pledged themselves, never again to make those lands or any part of them, a cause or pre- tense of war or injury to the American people. Upon these conditions, the United States received the Indian nations into their protection, and relinquished all claim to lands, not included within the treaty boundary.
A large quantity of goods was likewise delivered on the spot, and perpetual annuities, payable in merchandize or in do- mestic animals, implements of husbandry, or other convenient utensils at the pleasure of the receivers, were promised to each tribe which became a party to the treaty. This treaty was the foundation of a permanent peace. It was the act of all the tribes who had any claims to the territory of the Wabash, and the observance of its conditions was secured by the expec- tation of solid benefits as the rewards of good faith ; and by the dread of severe retribution as the consequence of infraction. Its effect upon the improvement and prosperity of the west was immense. Confidence in the ability and disposition of the government to protect the western settlers was universally re- stored, and the emigrant no longer had the fear of the toma- hawk and the scalping knife, of the midnight conflagration and the noon day ambuslı, before his eyes, when he undertook the
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conquest of the wilderness. No combination of tribes nor any single tribe again lifted the tomahawk against the United States until just before the breaking out of the war with Great Britain. During this long interim several important events transpired. In the year 1796, settlements were made on the southern shore of Lake Erie, at Cleveland and at Conneaut by settlers from New England. The intermediate countries between these settlements of the north and those of the south, was gradually filled up by subsequent emigration of settlers from different quarters of the United States, by their natural increase, and by immigrants from various parts of Europe. From Marietta, settlers spread into the adjoining country. The Virginia Military reservation drew considerable numbers of Revolution- ary veterans and others from that state. The region between the Miamies, from the Ohio far up towards the sources of Mad river, became checkered with farms, and abounded in indica- tions of the presence of an active and prosperous population. In 1796, Wayne county was established, including all the north-western part of Ohio, a large tract in the north-eastern part of Indiana, and the whole territory of Michigan. Before the end of the year 1798, the North-Western Territory contained a population of 5000 inhabitants, and eight organized counties.
In September, 1799, the first (territorial) legislature, under the ordinance of Congress, of the 13th of July 1786, for the government of the territory of the United States, north-west of the Ohio river, convened at Cincinnati. During that session which was appointed for the 16th of September, 1799, but did not open until the 24th, General William Henry Harrison, was elected delegate to Congress, and forty-eight acts were passed by both houses, thirty-seven of which were approved by Gov- ernor St. Clair, and eleven were returned by him without signing. The eleven acts vetoed, were principally relating to the erection of new counties and fixing of county-seats ; these
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being matters over which he claimed exclusive jurisdiction. The session closed in December following.
In 1801, the state of Connecticut relinquished her claim of jurisdiction over the Connecticut Western Reserve, and re- ceived a title in fee, of the soil, from the United States. The territory was thereupon erected into a county called Trumbull, and the courts of the territory established therein. By an act of Congress of the same year, the territory north-west of the Ohio was divided by a line drawn from the mouth of the Ken- tucky to Fort Recovery, and thence northward to the territo- rial line ; and Chillicothe was established as the seat of govern- ment of the eastern division, now Ohio. The second session of the territorial legislature was therefore held at Chillicothe. On the 30th of April, 1802, Congress passed an act authorizing the call of a convention to form a state constitution, for that part of the then North-Western Territory, lying between Lake Erie and the Ohio river ; and east of a meridian drawn due north from the mouth of the great Miami river, and exten- ding easterly to Pennsylvania. On the first of November fol- lowing, pursuant thereto, the convention met at Chillicothe and formed our present state constitution.
The formation of the constitution was the work of little more than three weeks. On the 27th of November, it was or- dered to be engrossed for a third reading, and on the 29th, was ratified and signed by the members of the convention. It was never referred to the people for their approbation, but became the fundamental law of the state by the act of the convention alone. Besides forming the constitution, the convention had another duty to perform. The act of Congress providing for the admission of the new state into the Union, offered certain propositions to the people. These were, first, that section sixteen, in each township, or where that section had been dis- posed of, other contiguous and equivalent lands should be gran-
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ted to the inhabitants for the use of schools ; second, that thirty- eight sections of land where salt springs had been found, of which one township was situated on the Scicto, one section on the Muskingum, and one section in the United States Military tract, should be granted to the state, never however, to be sold or leased for a longer term than ten years ; and third, that one-twentieth of the proceeds of public lands, sold within the state, should be applied to the construction of roads from the Atlantic, to and through the same. These propositions were offered, on the condition that the convention should provide by ordinance, that all lands cold by the United States after the thirtieth day of June, 1802, should be exempt from taxation by the state for five years after the sale.
The ordinance of 1785, had already provided for the appro- priation of section sixteen to the support of schools in every township sold by the United States, and the appropriation thus became a condition of the sale and settlement of the western country. It was a condition offered to induce purchases of public lands, at a time when the treasury was well nigh empty; and this source of revenue was much relied upon. It extended to every township of land within the territory, except those in the Virginia Military reservation ; and wherever the reserved section had been disposed of, after the passage of the ordinance Congress was bound to make other equivalent provisions for the same object. The reservation of section sixteen, therefore, could not in 1802, be properly made the object of a new bar- gain between the United States and the state; and many thought that the salt reservations and the twentieth of the pro- ceeds of the public lands, were very inadequate equivalents for the proposed surrender of the right to tax. The convention however determined to accept the propositions of Congress, on their being so far modified and enlarged, as to vest in the state for the use of schools, section sixteen in each township sold by
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the United States, and three other tracts of land, equal in quan- tity, respectively, to one thirty-sixth of the Virginia reserva- tion, of the United States Military tract, and of the Connecticut Reserve, and to give three per centum of the proceeds of the public lands sold within the state, to be applied under the di- rection of the legislature, to roads in Ohio. Congress assented to the proposed modification and thus completed the compact.
Ohio was now a state and a member of the Federal Union. The constitution which was first adopted, has never since been altered in any respect. It makes the usual distribution of governmental power into three great departments ; legislative, judicial and executive. The executive power is vested in a governor, elected biennially by the people. [See Appendix.] His authority is very limited. The veto power, that anomaly in a republican government, is not recognized in the constiution of Ohio. It is the duty of the governor to communicate such information and recommend such measures to the legislature as he may think expedient ; on extraordinary occasions he may convene the general assembly ; and in case of disagreement between the two houses, as to the time of adjournment, he may adjourn them ; but with the business of legislation, he has nothing to do. He is commander-in-chief of the army and navy of the state, except in case of impeachment ; he may grant reprieves and pardons ; all commissions are to be made out by him under the great seal ; and he may fill vacancies which occur during the recess of the general assembly, in of- fices of legislative appointment, by granting commissions, which shall expire at the end of the next session.
On the 1st day of March, 1803, the general assembly con- vened at Chillicothe. Their first care, of course was, to adapt the state laws of the territory to the new state of things intro- duced by the constitution. With this view, several laws were passed. The state courts were organized, their jurisdiction
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defined and their practice in some degree, regulated. Judges of the new courts were appointed agreeably to the constitution, and the courts of the territory, the general court, the circuit courts, the courts of common pleas and the courts of general quarter sessions, were all abolished. Most of the powers ex- ercised by the courts of quarter sessions, formerly, in establish- ing highways, erecting public buildings, granting licenses, &c., were transfered to the associate judges of the court of common pleas.
Provision was made for the election of justices, and for the transfer to them of the unfinished business of the territorial magistrates. The tax laws of the territory were slightly modi- fied and continued in force. A secretary, an auditor and a treasurer of state were appointed, and appropriate functions assigned to each. In addition to his other duties, the latter offi- cer was charged with the receipt of the three per cent. of the proceeds of the public lands to be paid by the United States agreeably to the compact. Laws were passed for leasing the school lands and salt reservations. Senators were elected to the national Congress and provision was made by law for the election of representatives.
While this legislature was in session, the treaty for the pur- chase of Louisiana was concluded with France. This acquisi- tion was of immense importance to the western country. It secured the free navigation of the Mississippi, at that time the only outlet for western produce, and put an end to the vexatious impositions and restrictions, to which the American trader had been subjected at New Orleans, by the Spanish authorities. In December, 1803, the second general assembly convened agree- ably to the provisions of the constitution. Further alterations and improvements were introduced into the statutes. The militia laws on that subject, were all repealed. To encourage immigration, a law was passed at this session, and has ever
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since remained in force, to enable aliens to acquire and hold land within the state. Provisions were also made for the ap- propriation of the three per cent. fund, to the construction and improvement of roads. The plan was to divide the fund into small sums, to be applied in different parts of the state, under the direction of road commissioners, and this plan has ever since been persisted in.
At the session of 1803-4, also, the revenue system of the state was simplified and improved. The main reliance for revenue continued to be upon lands. The burden of this tax was borne, in a great measure, by non-residents who had no other prop- erty of any kind in the state. The collectors of the tax were required to pay two-thirds of the proceeds into the state treasury, and one-third into the several county treasuries. The administration of justice was improved by the enactment of laws, defining the duties and authorities of justices and constables and regulating the common law and chancery practice of the courts.
At the session of 1809-10, the laws were a second time re- vised.
The Indians, who since the treaty of Greenville, had re- mained quiet, now began to commit aggressions upon the in- habitants of the west. The celebrated Tecumseh, aided and encouraged by British influence, was conspicuously active, in his efforts to unite the native tribes against the Americans and to arrest the farther extension of the settlements. His procee- dings and those of his brother, " The Prophet," soon made it evident that the west was about 10 experience the calamities of another Indian war, and it was resolved to anticipate the move- ments of the savages. In 1811, General William Henry Har- rison, then governor of Indiana territory, marched against the town of " the Prophet," upon the Wabash. On the 6th of No- vember, he arrived at Tippecanoe, their principal town, where
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