History of Seneca County, Ohio, containing a history of the county, its townships, towns, villages, school, churches, industries, etc., portraits of early settlers and prominent men; biographies; history of the Northwest territory; history of Ohio; statistical and miscellaneous matter, etc., etc, Part 10

Author: Leeson, M. A. (Michael A.)
Publication date: 1886
Publisher: Chicago : Warner, Beers & Co.
Number of Pages: 1088

USA > Ohio > Seneca County > History of Seneca County, Ohio, containing a history of the county, its townships, towns, villages, school, churches, industries, etc., portraits of early settlers and prominent men; biographies; history of the Northwest territory; history of Ohio; statistical and miscellaneous matter, etc., etc > Part 10

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

ART. V. There shall be formed in said Territory not less than three, nor more than five, States, and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to wit: The western State in the said Territory shall be bcunded by the Mississippi, the Ohio, the Wabash Rivers; a direct line drawn from the Wabash and Post St. Vincent, due north to the Territorial line between the United States and Canada ; and by the said Territorial line to the Lake of the Woods and Missis- sippi. The middle State shall be bounded by the said direct line, the Wabash from Post St. Vin- cent to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said Territorial line. The eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania and said territorial line. Provided, however, and it is further understood and declared, that the boundaries of those three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said Territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have 60,000 free inhabitants therein, such State shall be admitted by its delegates into the Congress of the United States on an equal footing with the original States in all respects what- ever, and shall be at liberty to form a permanent constitution and State government. Provided, The constitution and government so to be formed, shall be represented, and in conformity to the principles contained in these articles ; and so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants than 60,000.

ART. VI. There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted. Provided always, That any person escaping into the same from whom labor or service is lawfully

HISTORY OF THE STATE OF OHIO.

claimed in one of the original States, each fugitive may be lawfully claimed and conveyed to the person claiming his or her labor or services as aforesaid.

Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be and the same are hereby repealed and declared null and void.

COMMENT BY S. P. CHASE 1833.

It would be difficult to find a more comprehensive review of the founda- tions of our system of laws than is given in the "Preliminary Sketch of the History of Ohio," by this distinguished representative of the bench and the bar of America. The work is now out of print, and is not easily obtained; besides, its great author has passed away; so these extracts are made more with a view of preserving old historical literature, than of introducing new; furthermore, the masses of the people have never had convenient access to the volumes, which, for the most part, have been in the hands of professional men only. The publication of the work first brought its compiler before the public, and marked the beginning of that career which, during its course, shaped the financial system of our country, and ended upon the Supreme Bench of the nation.

"By the ordinance of 1785, Congress had executed in part the great national trust confided to it, by providing for the disposal of the public lands for the common good, and by prescribing the manner and terms of sale. By that of 1787, provision was made for successive forms of Territorial government, adapted to successive steps of advancement in the settlement of the Western country. · It comprehended an intelligible system of law on the descent and conveyance of real property, and the transfer of personal goods. It also con- tained five articles of compact between the original States, and the people and States of the Territory, establishing certain great fundamental principles of governmental duty and private right, as the basis of all future constitutions and legislation, unalterable and indestructible, except by that final and common ruin, which, as it has overtaken all former systems of human polity, may yet overwhelm our American union. Never, probably, in the history of the world, did a measure of legislation so accurately fulfill, and yet so mightily exceed the anticipations of the legislators. The ordinance has been well described, as having been a pillar of cloud by day and of fire by night, in the settlement and government of the Northwestern States. When the settlers went into the wilderness, they found the law already there. It was impressed upon the soil itself, while it yet bore up nothing but the forest. The purchaser of land became, by that act, a party to the compact, and bound by its perpetual cove- nants, so far as its conditions did not conflict with the terms of the cessions of the States.

x * * *

This remarkable instrument was the last gift of the Congress of the old confederation to the country, and it was a fit consummation of their glorious

IIISTORY OF THE STATE OF OHIO.

labors. At the time of its promulgation, the Federal Constitution was under discussion in the convention ; and in a few months, upon the organization of the new national government, that Congress was dissolved, never again to re-as- semble. Some, and indeed most of the principles established by the articles of compact are to be found in the plan of 1784, and in the various English and American bills of rights. Others, however, and these not the least important, are original. Of this number are the clauses in relation to contracts, to slavery and to Indians. On the whole, these articles contain what they profess to con- tain, the true theory of American liberty. The great principles promulgated by it are wholly and purely American. They are indeed the genuine princi- ples of freedom, unadulterated by that compromise with circumstances, the effects of which are visible in the constitution and history of the Union.

* * *

The first form of civil government, provided by the ordinance, was now formally established within the Territory. Under this form, the people had no concern in the business of government. The Governor and Judges derived their appointments at first from Congress, and after the adoption of the Fed- eral Constitution, from the President. The commission of the former officer was for the term of three years, unless sooner revoked; those of the latter were during good behavior. It was required that the Governor should reside within the Territory, and possess a freehold estate there, in one thousand acres of land. He had authority to appoint all officers of militia, below the rank of Generals, and all magistrates and civil officers, except the Judges and the Sec- retary of the Territory ; to establish convenient divisions of the whole district for the execution of progress, to lay out those parts to which the Indian titles might be extinguished into counties and townships. The Judges, or any two of them, constituted a court with common law jurisdiction. It was neces- sary that each Judge should possess a freehold estate in the territory of five hundred acres. The whole legislative power which, however, extended only to the adoption of such laws of the original States as might be suited to the cir- cumstances of the country, was vested in the Governor and Judges. The laws adopted were to continue in force, unless disapproved by Congress, until re- pealed by the Legislature, which was afterward to be organized. It was the duty of the Secretary to preserve all acts and laws, public records and executive proceedings, and to transmit authentic copies to the Secretary of Congress every six months.

Such was the first government devised for the Northwestern Territory. It is obvious that its character, as beneficent or oppressive, depended entirely upon the temper and disposition of those who administrated it. All power, legisla- tive, judicial and executive, was concentrated in the Governor and Judges, and in its exercise they were responsible only to the distant Federal head. The expenses of the Government were defrayed in part by the United States, but were principally drawn from the pockets of the people in the shape of fees.

HISTORY OF THE STATE OF OHIO.

This temporary system, however unfriendly as it seems to liberty, was, perhaps, so established upon sufficient reasons. The Federal Constitution had not then been adopted, and there were strong apprehensions that the people of the Territory might not be disposed to organize States and apply for admission into the Union. It was, therefore, a matter of policy so to frame the Territorial system as to create some strong motives to draw them into the Union, as States, in due time.

The first acts of Territorial legislation were passed at Marietta, then the only American settlement northwest of the Ohio. The Governor and Judges did not strictly confine themselves within the limits of their legislative author- ity, as prescribed by the ordinance. When they could not find laws of the original States suited to the condition of the country, they supplied the want by enactments of their own. The earliest laws, from 1788 to 1795, were all thus enacted. The laws of 1788 provided for the organization of the militia ; for the establishment of inferior courts ; for the punishment of crimes, and for the limitations of actions ; prescribed the duties of ministerial officers ; regu- lated marriages, and appointed oaths of office. That the Governor and Judges in the enactment of these laws, exceeded their authority, without the slightest disposition to abuse it, may be inferred from the fact that except two, which had been previously repealed, they were all confirmed by the first Territorial Legislature.

* *

At this period there was no seat of government, properly called. The Governor resided at Cincinnati, but laws were passed whenever they seemed to be needed, and promulgated at any place where the Territorial legislators hap- pened to be assembled. Before the year of 1795, no laws were, strictly speak- ing, adopted. Most of them were framed by the Governor and Judges to answer particular public ends ; while in the enactment of others, including all the laws of 1792, the Secretary of the Territory discharged, under the author- ity of an act of Congress, the functions of the Governor. The earliest laws, as has been already stated, were published at Marietta. Of the remainder, a few were published at Vincennes, and the rest at Cincinnati.

In the year 1789, the first Congress passed an act recognizing the binding force of the ordinance of 1787, and adapting its provisions to the Federal Con- stitution. This act provided that the communications directed in the ordinance to be made to Congress or its officers, by the Governor, should thenceforth be made to the President, and that the authority to appoint with the consent of the Senate, and commission officers, before that time appointed and commis- sioned by Congress, should likewise be vested in that officer. It also gave the Territorial Secretary the power already mentioned, of acting in certain cases, in the place of the Governor. In 1792, Congress passed another act giving to the Governor and Judges authority to repeal, at their discretion, the laws by

HISTORY OF THE STATE OF OHIO.

them made ; and enabling a single Judge of the general court, in the absence of his brethren, to hold the terms.

At this time the Judges appointed by the National Executive constituted the Supreme Court of the Territory. They were commissioned during good behavior ; and their judicial jurisdiction extended over the whole region north- west of the Ohio. The court, thus constituted, was fixed at no certain place, and its process, civil and criminal, was returnable wheresoever it might be in the Territory. Inferior to this court were the County Courts of Common Pleas, and the General Quarter Sessions of the Peace. The former consisted of any number of Judges, not less than three nor more than seven, and had a general common-law jurisdiction, concurrent, in the respective counties, with that of the Supreme Court; the latter consisted of a number of Justices for each county, to be determined by the Governor, who were required to hold three terms in every year, and had a limited criminal jurisdiction. Single Judges of the Common Pleas, and single Justices of the Quarter Sessions were also clothed with certain civil and criminal powers to be exercised out of court. Besides these courts, each county had a Judge of Probate, clothed with the ordinary jurisdiction of a Probate Court.

Such was the original constitution of courts and distribution of judicial power in the Northwestern Territory. The expenses of the system were defrayed in part by the National Government, and in part by assessments upon the counties, but principally by fees, which were payable to every officer con- cerned in the administration of justice, from the Judges of the General Court downward.

In 1795 the Governor and Judges undertook to revise the Territorial laws, and to establish a complete system of statutory jurisprudence, by adoptions from the laws of the original States, in strict conformity to the provisions of the ordinance. For this purpose they assembled at Cincinnati in June, and continued in session until the latter part of August. The judiciary system underwent some changes. The General Court was fixed at Cincinnati and Mari- etta, and a Circuit Court was established with power to try in the several coun- ties, issues in fact depending before the superior tribunal, where alone causes could be finally decided. Orphans' Courts, too, were established, with jurisdic- tion analogous to but more extensive than that of a Judge of Probate. Laws were also adopted to regulate judgments and executions, for limitation of actions, for the distribution of intestate estates, and for many other general purposes. Finally, as if with a view to create some great reservoir, from which, whatever principles and powers had been omitted in the particular acts, might be drawn according to the exigency of circumstances, the Governor and Judges adopted a law, providing that the common law of England and all general statutes in aid of the common law, prior to the fourth year of James I, should be in full force within the Territory. The law thus adopted was an act of the Virginia Legislature, passed before the Declaration of Independence, when Virginia was

HISTORY OF THE STATE OF OHIO.

yet a British colony, and at the time of its adoption had been repealed so far as it related to the English statutes.

The other laws of 1795 were principally derived from the statute book of Pennsylvania. The system thus adopted was not without many imperfections and blemishes, but it may be doubted whether any colony, at so early a period after its first establishment, ever had one so good.

* * * *

And how gratifying is the retrospect, how cheering the prospect which even this sketch, brief and partial as it is, presents ! On a surface covered less than half a century ago by the trees of the primeval forest, a State has grown up from Colonial infancy to freedom, independence and strength. But thirty years have elapsed since that State, with hardly sixty thousand inhabitants, was admitted into the American Union. Of the twenty-four States which form that Union, she is now the fourth in respect to population. In other respects her rank is even higher. Already her resources have been adequate, not only to the expense of government and instruction, but to the construction of long lines of canals. Her enterprise has realized the startling prediction of the poet, who, in 1787, when Ohio was yet a wilderness, foretold the future connec- tion of the Hudson with the Ohio.

And these results are attributable mainly to her institutions. The spirit of the ordinance of 1787 pervades them all. Who can estimate the benefits which have flowed from the interdiction by that instrument of slavery and of legislative interference with private contracts? One consequence is, that the soil of Ohio bears up none but freemen ; another, that a stern and honorable regard to private rights and public morals characterizes her legislation. There is hardly a page in the statute book of which her sons need be ashamed. The great doctrine of equal rights is everywhere recognized in her constitution and her laws. Almost every father of a family in this State has a freehold interest in the soil, but this interest is not necessary to entitle him to a voice in the concerns of government. Every man may vote ; every man is eligible to any office. And this unlimited extension of the elective franchise, so far from pro- ducing any evil, has ever constituted a safe and sufficient check upon injurious legislation. Other causes of her prosperity may be found in her fertile soil, in her felicitous position, and especially in her connection with the union of the States. All these springs of growth and advancement are permanent, and upon a most gratifying prospect of the future. They promise an advance in population, wealth, intelligence and moral worth as permanent as the existence of the State itself. They promise to the future citizens of Ohio the blessings of good government, wise legislation and universal instruction. More than all, they are pledges that in all future, as in all past circumstances, Ohio will cleave fast to the national constitution and the national Union, and that her growing energies will on no occasion, be more willingly or powerfully put forth, than in the support and maintenance of both in unimpaired vigor and strength."

HISTORY OF THE STATE OF OHIO.

INFLUENCE OF THE ORDINANCE OF 1787.

The passage of this ordinance, since known as the " Ordinance of 1787," was immediately followed by an application to the Government, by John Cleves Symmes, of New Jersey, in behalf of the country, between the Miamis, and a contract was concluded the following year. The Ohio Company were exceed- ingly energetic in inaugurating settlements. Gen. Putman, with a party of forty-seven men, set out on an exploring expedition, accompanied by six boat builders. On the 1st of January, 1788, twenty-six surveyors followed, from Hartford, Conn. They arrived in Ohio on the 7th of April, 1788, and their active energy founded the permanent beginning of this great Western State- When we review the dangerous experiments that have been made, in this land west of the Alleghanies, the horrors which had overwhelmed every attempt, we can faintly realize the stalwart courage that sent these men on their way, and sustained them in their pioneer hardships. With characteristic vigor, they began their little town. Enthusiastic and happy, they did not rest from their toilsome march over the old Indian roads, but kept busily at work to estab- lish an oasis in this wide expanse of wilderness, before they should take nec- essary ease to recuperate their strength.

The wise men met on the 2d of May, and the little town was named Marietta. Situated as it was, in the midst of danger, they had used precaution to build and equip a fortified square, which was designated Campus Martius ; Square No. 19 was Capitolium, and Square No. 61 was Cecelia, and the main street was Sacra Via.

Marietta was especially fortunate in her actual "first families.". Ten of the forty-eight men had received a thorough college education ; the remaining were individuals of sterling merit, honorable, and several had already attained reputations for superior excellence of abilities. Patriotic and brave, the settlement certainly possessed a foundation that promised well for the future. The following 4th of July was an auspicious event, and the Hon. James M. Varnum was the eloquent orator of the occason.

The opening of the court, on the 2d of September, was a solemn ceremonial, the High Sheriff leading with drawn sword, followed by citizens, with an escort of officers from Fort Harmar, the members of the bar, the Governor and Clergy- men, the Judges of the Court of Common Pleas-Gen. Rufus Putman and Benjamin Tupper-all these constituted an imposing spectacle, as they pro- gressed over a path which had been cut through the forest to Campus Martius Hall, the edifice of law and order.

The Judges took their seats, a prayer was offered by the Rev. Dr. Cutler, and immediately the Sheriff, Col. Ebenezer Sprout, proclaimed the response, and the court of impartial justice was convened.

HISTORY OF THE STATE OF OHIO.

This ceremonial was, perhaps, made all the more impressive by the presence of several powerful Indian chiefs, who had journeyed to Marietta for the pur- pose of making a treaty.

The settlement now increased rapidly, new cabins were erected constantly. On the 17th of December, a society event occurred, in the form of a grand ball, fifteen ladies being present.

John Cleves Symmes had contracted for 2,000,000 acres of land, and suc- ceeded in obtaining his grant, but circumstances prevented him from meeting his part of the obligations, and the specification was reduced to 1,000,000. After vain attempt to make his payments, a settlement was finally effected for 248,540 acres, and Symmes was prepared to dispose of clear titles to new-com- ers. In 1788, a town was established within the boundaries of his grant, at the mouth of the little Miami, known as Columbia, and in the early part of 1787 another was formed opposite the mouth of the Licking River, by name Losanti- ville, analyzed by a frontier scholar-ville, the town ; anti, opposite to; os, the mouth of; L, Licking.

Judge Symmes had projected building his main town at North Bend. This plan was frustrated by reason of Ensign Luce-who had been commissioned by Gen. Harmar to erect a fort-deciding that North Bend was not suitable for the purpose. He selected Losantiville for the purpose, and Fort Washington was the result. In 1790, Gov. St. Clair was called to inspect the settlement, and proceeded to organize Hamilton County, at the same time calling the town Cincinnati.

It will be remembered that Connecticut ceded most of her western lands to General Government, retaining, however, a minor portion. As the settlements began to increase on the " Virginia Reserve" and between the Scioto and Miami Rivers, all those holding claims were not disposed to part with them, while others were anxious to secure grants for the purpose of speculation, rather than the advancement of civilization. The Scioto Company was a questionable ad- herent of the Ohio Company, and began operations, which resulted well, what- ever their purpose may have been.

Gen. Putnam cleared the land and directed the building of 100 dwellings and six block-houses. During 1791, the colony arrived, consisting of 500 persons. Only ten of these were tillers of the soil. Viscount Malartie ventured into the wilderness, but instead of settling, joined Gen. St. Clair's army, and was ulti- mately his aid-de-camp. Indian conquests were not to his taste, and he soon returned to France. This new colony was essentially French, and its location was Gallia County. The name " Gallipolis " was selected.

These settlers, being unaccustomed to severe toil, and disinclined to learn its hard lesson, soon became demoralized, through deprivation and absolute want. Congress came to their aid with a land grant of 24,000 acres, but few of them cared to enter claims, and soon all traces of the old town were lost, and its inhabitants scattered.

HISTORY OF THE STATE OF OHIO.

Gen. St. Clair having become unpopular, through repeated failures in Indian campaigns, and Gen. Anthony Wayne having wintered at Fort Washington, the spring of 1793 was opened by a march of the army, well disciplined and led by " Mad Anthony," on a campaign that must crush the rapidly increasing depredations of the Indians, notwithstanding which these new settlements had been made. All winter, Gen. Wayne had dispatched scouts, spies and hardy frontiersmen on errands of discovery, and his plans were, therefore, practically matured. His army cut its way through the forests, gathering horses, provis- ions, etc., as they marched, and finally came nearly up to the enemy before dis- covery. They again returned to Fort Washington, as the Commander-in-Chief, under the order of the Executive, had proclaimed inaction until the Northern or British Commissioners and Indians should convene and discuss the situation and prospects. Gen. Wayne, meantime, drilled his men at " Hobson's Choice," a place near Fort Washington.

The Commissioners came from Detroit, and assembled at Capt. Matthew Elliot's house, at the mouth of the Detroit River.

A meeting was called at Sandusky, and twenty Indian representatives were present, to argue the grounds of a treaty. Simon Girty acted as interpreter, and has been vehemently accused of unfaithfulness in this trust, since he did not advocate the adjustment of matters on any grounds. The Indians reiterated their rights and wrongs, and offered to receive the half of the purchase money, provided the actual settlers would accept it as the price of the land, move away, and leave the original owners the proud possessors of their lands. The Govern- ment would then expend less money than they would have done in a full Indian purchase, or a long and cruel war. This being out of the question and rejected, a decided specification was made that the Ohio boundary was to be obliterated, and a new one adopted, that encompassed a mere fraction of territory. This was also rejected, The Indians indignantly bade the Americans to go back to their father, and they would return to their tribes.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Author: Leeson, M. A. (Michael A.) Publication date: 1886 Publisher: Chicago : Warner, Beers & Co. Number of Pages: 1088

Author: Leeson, M. A. (Michael A.)
Publication date: 1886
Publisher: Chicago : Warner, Beers & Co.
Number of Pages: 1088