USA > Ohio > Shelby County > History of Shelby County, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 24
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At the first fire two of the enemy fell dead, and a third mortally wounded. At this onset all parties came in reach, fired, and "treed." There were now four of the enemy, which gave such an advantage that, while Logan watched the front, the fourth passed around until the great warrior was exposed, and shot him through the body. Two of the surviving four were at this moment wounded, and compelled to fall back. At this juncture Captain Johnny mounted Logan, mortally wounded, and Bright Horn, also wounded, upon two of the enemy's horses, when they left the field and reached Winchester's camp about midnight. Captain Johnny secured the scalp of Winnemac, and, proceeding on foot, reached camp about day- light. Of the seven captors, five were either killed or mortally wounded by Logan and companions. This event produced a mournful sensation in camp, as all regretted the accusation which produced such unhappy results. Logan died two or three days later, after requesting Col. John- son to send his two sons to Kentucky to be educated by Major Hardin. Col. Johnson did all he could to carry out the wishes of the dead chief, but was frustrated in his efforts by the Indians, and especially by the mother of the boys, who prevented the execution of the colonel's plans. The children accompanied their mother to the west, and became as wild as any of the race. Of Logan it may be said he was popularly esteemed for bravery, fidelity, and magnanimity. He was closely identified with this section, as his home was at Wapakoneta, where his remains were brought for burial. In consideration of his fidelity he was granted a sec- tion of land within the county, still known as the " Logan Section," in the township bearing his name. His last acts exhibit that high sense of honor which preferred death to a dastard's or traitor's name. On these qualities is built the immortality of his fame.
CAPTAIN JOHNNY.
Captain Johnny and his braves are understood to have lived on the west bank of the Pusheta Creek, just north of the bridge. This chief, in the capacity of a scout, did great service to the American cause. He was with his old comrade Logan, who was mortally wounded near the Maumee Rapids, in November, 1812, while serving General Harrison. The earlier history of Captain Johnny is referred to by Francis Dun- levy, a member of Capt. Craig Ritchie's Company in "Crawford's Expedition." During an engagement by these forces, Dunlevy had been engaged with an Indian of huge proportions. Later in the evening this Indian crept cautiously and stealthily through the top of a tree lately fallen, until supposing himself close enough to Dunlevy, he threw his tomahawk, but his aim missed and he fled. This Indian, Dunlevy believed he afterward recognized as "Big Captain Jolinny," who during the war of 1812-13 was with the friendly Shawnees of Wapakoneta. Dunlevy further says: "I frequently saw this Indian; he must have been seven feet in height, and as frightfully ugly as he was unusually large."
That he was courageous and magnanimous is attested by his warm per- sonal friendship and association with Logan. When that chief sought companions for his last perilous and fatal expedition, he sought Captain Johnny and Bright Horn, and when he and Bright Horn were wounded, Captain Johnny found horses for their safe retreat to camp, while he undertook the trip alone and on foot. His fidelity to a cause is attested to by his connection with the American army, and his fidelity to individ- uals by his career with Logan and Bright Horn.
BRIGHT HORN; OR WA-THE-THE-WE-LA,
was one of the three noted chiefs whom Col. Johnston selected as scouts for Gen. Harrison in the war of 1812. He was present when Logan was mortally wounded in the contest with Winnemac, and was severely wounded in the thigh in the same fight, but recovered. He lived at Wapakoneta, and was a large, commanding Indian in appearance, with good influence with his tribe. He was a brave man, and fought like a hero for our cause in the war of 1812. He is said to have died at Wa- pakoneta in 1825 or '26.
JOHN WOLF; OR LA-WA TU-CHEH,
& Shawnee of some note, and was well known to Col. John Johnston, as he often accompanied him on his trips through the forest among the different tribes. His son Henry Clay was named after Henry Clay of
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Kentucky, and was educated at Upper Piqua, under the supervision of Col. Johnston, at the expense of the Quaker friends. He afterwards became a leading chief, and was a man of considerable talent. He went to Kansas with his tribe, and lived many years after their removal.
PETER CORNSTALK
was a chief of some distinction. He is believed to have been a son of the celebrated chief Cornstalk of Chillicothe, who was assassinated at Point Pleasant, Va. He was a large, fine looking Indian, a man of honor, and a true friend of the whites. It is said he often visited the trading posts, and was known to a good many of the pioneers.
BLUE JACKET; OR WEYAPIERSENWAH.
In 1790 Blue Jacket was associated with Little Turtle in command of the Indian forces opposing Gen. Harmar, and was chief commander of the allied Indians who were defeated by Gen. Wayne in 1794. On the night preceding the battle a council was held in which the nations of Miamis, Pottawatomies, Delawares, Shawnees, Chippewas, Ottawas, and Senecas were represented. The council decided to postpone action for the night. The expediency of attacking Wayne at Presque Isle was then considered. Blue Jacket warmly favored this proposition, and Little Turtle as seriously and more ably opposed it. The advice of Blue Jacket, however, prevailed over the wiser counsel of the Turtle. The battle was fought with desperation, and the Indians were disas- trously defeated. In the following October Blue Jacket concurred in the expediency of suing for peace, and accordingly, at the head of a dep- utation of chiefs, was about to visit Gen. Wayne, when he was inter- cepted by Gov. Simcoe, Col. McKee, and the chief, John Brant, who, with about 150 warriors, arrived at the rapids and invited Blue Jacket and his allies to meet them at the rapids of the Detroit on the tenth of the month. Blue Jacket assented to hear the proposition of the British agents, and Gov. Simcoe urged the chiefs to continue their hos- tile attitude toward the Americans. He roused their fiery passions by speaking of the encroachments of the whites, told them the Ohio lands were theirs by right, and that he had given orders to the commandant at Fort Miami to fire upon the Americans whenever opportunity presented. He further advised them to obtain a cessation of hostilities until the following season, when the English would be ready to attack the Amer- icans, drive them over the Ohio, and restore to the Indians all this body of land. This action delayed the conclusion of peace until the next summer. When the council met at Greenville in 1795 to form a treaty
Blue Jacket was present, and acted with moderation and dignity. He appeared as a Shawnee speaker, although his rank was that of a war. rior. When he met Gen. Wayne he apologized for his tardiness, and gave the most solemn assurance of his sincerity. On the second day he explained the relationship of the tribes and justified the position he had taken, as follows: " Brothers, I hope you will not take amiss my change of seat in this council. You all know the Wyandots are our uncles, the Delawares the grandfathers, and the Shawnees the elder brothers of the other nations represented. It is therefore fitting that I sit next my uncles and grandfathers."
Toward the close of the council he rose in the capacity of a warrior and delivered a speech which exhibits the temporary and changing char- acter and relationship of a war chief. He said: "Elder brothers, and you other brothers present, you see me now appear as a war chief to lay down that commission, and place myself subject to the village (civil) chiefs who will hereafter command me."
Although his protestations of peace and friendship were positive and assuring, he was afterward found implicated with the visionary but exterminating scheme of the pretenders, Tecumseh and his fanatical brother. Touching his duplicity, a single incident will serve our pur- pose. In 1800 he agreed to discover to a company a valuable mine on the Kentucky River. His demands for rewards increased with the eagerness of the company. As he was sustained at their expense, he was in no haste to conclude the negotiations. When at length terms were closed, the horses, goods, and money delivered, Blue Jacket and an associate chief, and their families, were escorted to Kentucky in great pomp. They were treated in a very flattering manner, their every want being anticipated. When the fabled region was reached the chief spent some time in fasting, praying, and powwowing to obtain the Great Spirit's consent to reveal the hiding-place of the secret wealth. The answer, obtained in a dream, was about as satisfactory as the usual dream revelation, and many days were spent in fruitless search. Failing to find the promised treasure, he threw the responsibility upon his eyes, which were bedimmed by age, and promised to send his son, who was young and knew the exact spot for which they sought. The son, of course, came not, and the Blue Jacket Mining Association, like many others of later date, abandoned the project to enter bankruptcy. Prior to the war of 1812 he lived upon the Auglaize, engaged in the sale of liquor at Wapakoneta, but after the disastrous results of that war he became dissatisfied and discouraged, went West, and is believed to have died in Illinois, at the present site of Peoria.
NORTHWEST TERRITORY.
THE TITLE OF VIRGINIA, AND HER DEED OF CESSION.
Virginia acquired title to the great Northwest by its several charters, granted by James I., bearing dates respectively April 10, 1606; May 23, 1609; March 12, 1611. The Colony of Virginia first attempted to ex- ercise authority in, or jurisdiction over, that portion of its extensive domains that was organized by the Ordinance of '87 into "the Territory Northwest of the River Ohio," when in 1769, the House of Burgess of said Colony passed an act establishing the county of Botetourt, with the Mississippi River as its western boundary. The aforesaid act recited that, " Whereas, the people situated on the Mississippi, in the said county of Botetourt, will be very remote from the court-house, and must necessarily become a separate county, as soon as their numbers are suf- ficient, which, probably, will happen in a short time, be it therefore enacted, by the authority aforesaid, that the inhabitants of that part of the said county of Botetourt which lies on the said waters shall be exempted from the payment of any levies to be laid by the said county court for the purpose of building a court-house and prison for the said county."
Civil government, however, between the Ohio and Mississippi rivers
was more in name than reality, until in 1778, after the conquest of the country by General George Rogers Clark, when the Virginia Legislature organized the county of Illinois, embracing within its limits all the territory owned by Virginia west of the Ohio River. Col. John Todd served, under appointment received from the Governor of Virginia, as civil commandant, and lieutenant of the county, until his death, at the battle of Blue Licks, in 1782, less than two years before Virginia ceded the country to the United States. Timothy de Montbrun was his suc- cessor.
In 1783 "the General Assembly of Virginia passed an act authorizing the Virginia delegates in Congress to convey to the United States all the right of that Commonwealth to the territory northwestward of the river Ohio."
Pursuant to the foregoing action of the General Assembly of Virginia, Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, Vir- ginia's delegates in Congress, did, as per deed of cession, on the first day of March, 1784, it being the eighth year of American Independence, "convey (in the name, and for and on behalf of, the said Commonwealth ), transfer, assign, and make over unto the United States in Congress assembled, for the benefit of said States, Virginia inclusive, all right,
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title, and claim, as well of soil as of jurisdiction, to the territory of said State lying and being to the northwest of the river Ohio." Upon the presentation of said deed of cession, Congress resolved, on the same day, " that it be accepted, and the same be recorded and enrolled among the acts of the United States in Congress assembled."
The United States having thus secured title to the "Great Northwest," Congress soon deemed it advisable to take the preliminary steps looking to the permanent establishment of civil government in the new and ex- tensive territory of which that body had just become the legal custodian. Accordingly, after much mature deliberation and careful consideration of the subject, as well as prolonged discussion of the important questions involved, they, on the 13th of July, 1787, gave to the world the results of their deliberations in " An ordinance for the government of the Ter- ritory of the United States Northwest of the river Ohio," which has come to be best known as " The Ordinance of '87," sometimes also called " The Ordinance of Freedom." As said ordinance was the fundamental law, the Constitution, so to speak, of the great Northwest, upon which were based, and with which harmonized, all our territorial enactments, as well as all our subsequent State legislation, and, moreover, as it is to that wise, statesmanlike document that we are indebted for much of our prosperity and greatness, we give it entire, as follows :-
ORDINANCE OF 1787.
Be it ordained by the United States in Congress assembled, That the said territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.
Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intes- tate, shall descend to and be distributed among their children, and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased pa- rents' share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate her third part of the real estate for life, and one-third part of the personal estate; and this law, relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws, as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills, in writing, signed and sealed by him or her, in whom the estate may be (being of full age), and attested by three witnesses; and real estate may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery ; saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.
Be it ordained by the authority aforesaid, That there shall be appoint- ed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate there- in, in one thousand acres of land, while in the exercise of his office.
There shall be appointed, from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein in five hundred acres of land, while in the exercise of his office ; it shall be his duty to keep and preserve the acts and laws passed by the legis- lature, and the public records of the district, and the proceedings of the governor in his executive department ; and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Con-
gress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common law juris- diction, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior.
The governor and judges, or a majority of them, shall adopt and pub- lish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances, and report them to Congress from time to time; which laws shall be in force in the dis- trict until the organization of the General Assembly therein, unless dis- approved of by Congress; but afterward the legislature shall have authority to alter them as they shall think fit.
The Governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commis- sioned by Congress.
Previous to the organization of the General Assembly, the Governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said Assembly ; but all magistrates and other civil officers, not herein otherwise directed, shall, during the con- tinuance of this temporary government, be appointed by the Governor.
For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the Governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, how- ever, to such alterations as may thereafter be made by the legislature.
So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the Governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the General Assembly : pro- vided, that for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legis- lature : provided that no person be eligible or qualified to act as a rep- resentative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same: provided, also, that a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the dis- trict, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative.
The representatives thus elected shall serve for the term of two years; and, in case of the death of a representative, or removal from office, the Governor shall issue a writ to the county or township for which he was a member to elect another in his stead, to serve for the residue of the term.
The General Assembly, or Legislature, shall consist of the Governor, Legislative Council, and a House of Representatives. The Legislative Council shall consist of five members, to continue in office five years, unless sooner removed by Congress, any three of whom to be a quorum, and the members of the Council shall be nominated and appointed in the following manner, to wit: as soon as representatives shall be elected the Governor shall appoint a time and place for them to meet together, and, when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Congress shall appoint and com- mission to serve as aforesaid : and whenever a vacancy shall happen in the Council, by death or removal from office, the House of Representa- tives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the mem-
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bers of Council, the said House shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the Council five years, unless sooner removed. And the Governor, Legislative Council, and House of Representatives shall have authority to make laws, in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the House, and by a majority in the Council, shall be referred to the Governor for his assent; but no bill or legislative act whatever shall be of any force without his assent. The Governor shall have power to convene, prorogue, and dissolve the Gen- eral Assembly when, in his opinion, it shall be expedient.
The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office; the governor before the president of Congress, and all other officers before the governor. As soon as a Legislature shall be formed in the district, the council and house assem- bled in one room, shall have authority, by joint ballot, to elect a dele- gate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government.
And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and constitutions are erected; to fix and establish these principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory; to provide, also, for the establish- ment of States, and permanent government therein, and for their admis- sion to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with general interest, .
It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit:
ARTICLE 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments in the said territory.
ART. 2. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus and of trial by jury ; of a proportionate representation of the people in the Legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate, and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property but by the judgment of his peers, or the law of the land; and, should the public exigencies make it neces- sary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is under- stood and declared that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed.
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