USA > Ohio > Shelby County > History of Shelby County, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 26
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The treaty of Fort Harmar, held by Gen. St. Clair, January 9, 1789, was mainly confirmatory of the treaties previously made. So also was the treaty of Greenville, of August 3, 1795, made by Gen. Wayne on the part of the United States, and the chiefs of eleven of the most pow- erful tribes of the Northwestern Indians, which re-established the Indian boundary line through the present State of Ohio, and extended it from Loramie to Fort Recovery, and thence to the Ohio River, opposite the mouth of the Kentucky River.
The rights and titles acquired by the Indian tribes under the forego- ing treaties were extinguished by the General Government, by purchase, in pursuance of treaties subsequently made. The Western Reserve tract west of the Cuyahoga River was secured by a treaty formed at Fort In- dustry in 1805. The lands west of Richland and Huron Counties and north of the boundary line to the western limits of Ohio were purchased by the United States in 1818. The last possession of the Delawares was purchased in 1829; and by a treaty made at Upper Sandusky, March 17, 1842, by Colonel John Johnston and the Wyandot chiefs, that last remnant of the Indian tribes in Ohio sold the last acre they owned within the limits of our State to the General Government, and retired the next year, to the Far West, settling at and near the mouth of Kansas River.
FIRST OFFICERS OF THE TERRITORY.
Congress, in October, 1787, appointed Gen. Arthur St. Clair Governor, Major Winthrop Sargent Secretary, and James M. Varnum, Samuel H. Parsons, and John Armstrong Judges of the Territory, the latter of whom, however, having declined the appointment, John Cleves Symmes was appointed in his stead in February, 1788. On the 9th of July, 1788, Governor St. Clair arrived at Marietta, and finding the Secretary and a majority of the Judges present, proceeded to organize the Territory. The Governor and Judges (or a majority of them) were the sole legis- lative power during the existence of the first grade of Territorial govern- ment. Such laws as were in force in any of the States, and were deemed applicable to the condition of the people of the. Territory, could be adopted by the Governor and Judges, and, after publication, became operative, unless disapproved of by Congress, to which body certified copies of all laws thus adopted had to be forwarded by the Secretary of the Territory.
The further duty of the Judges, who were appointed to serve during good behavior, was to hold court four times a year, whenever the busi- ness of the Territory required it, but not more than once a year in any one county.
THE SECOND GRADE OF TERRITORIAL GOVERNMENT.
After it should be ascertained that five thousand free male inhabitants actually resided within the Territory, the second grade of Territorial government could, of right, be established, which provided for a Legis- lative Council, and also an elective House of Representatives, the two composing the law-making power of the Territory, provided always that the Governor's assent to their acts was had. He possessed the absolute veto power, and no act of the two houses of the Legislature, even if passed by a unanimous vote in each branch, could become a law with- out his consent. The conditions that authorized the second grade of Territorial government, however, did not exist until 1798, and it was
not really put into operation until September, 1799, after the first grade of government had existed for eleven years.
EARLY LAWS OF THE TERRITORY.
The first law was proclaimed July 25, 1788, and was entitled "An act for regulating and establishing the militia." Two days thereafter the Governor issued a proclamation establishing the county of Washington, which included all of the territory east of the Scioto River to which the Indian title had been extinguished, reaching northward to Lake Erie, the Ohio River and the Pennsylvania line being its eastern boundary ; Marietta, the seat of the Territorial government, also becoming the county seat of Washington County.
Quite a number of laws were necessarily adopted and published during 1788 and the following year. From 1790 to 1795 they published sixty- four, thirty-four of them having been adopted at Cincinnati during the months of June, July, and August of the last named year, by the Gov- ernor and Judges Symmes and Turner. They are known as the " Max- well Code," from the name of the publisher, and were intended, says the author of " Western Annals," "to form a pretty complete body of statutory provisions." In 1798 eleven more were adopted. It was the published opinion of the late Chief Justice Chase, "that it may be doubted whether any colony, at so early a period after its first establish- ment, ever had so good a code of laws." Among them was that "which provided that the common law of England, and all statutes in aid thereof, made previous to the fourth year of James I., should be in full force within the Territory." Probably four-fifths of the laws adopted were selected from those in force in Pennsylvania; the others were mainly taken from the statutes of Virginia and Massachusetts ..
LOCAL COURTS AND COURT OFFICERS.
Among the earliest laws adopted was one which provided for the insti- tution of a county court of common pleas, to be composed of not less than three nor more than five Judges, commissioned by the Governor, who were to hold two sessions in each year. Pursuant to its provisions, the first session of said court was held in and for Washington County, September 2, 1788. The Judges of the Court were Gen. Rufus Putnam, Gen. Benjamin Tupper, and Col. Archibald Crary. Col. Return Jonathan Meigs was Clerk, and Col. Ebenezer Sproat was Sheriff. Elaborate details of the opening of this, the first court held in the Northwest Territory, have come down to us, showing it to have been a stylish, dignified pro- ceedling. Briefly, " a procession was formed at the Point (the junction of the Muskingum with the Ohio River) of the inhabitants and the officers from Fort Harmar, who escorted the Judge of the court, the Governor of the Territory, and the Territorial Judges to the hall appro- priated for that purpose, in the northwest block-house in "Campus Mar- tius." "The procession," says Mitchener, " was headed by the Sheriff, with drawn sword and haton of office." "After prayer by Rev. Manas- seh Cutler, the court was organized by reading the commissions of the Judges, Clerk, and Sheriff; after which the Sheriff proclaimed that the court was open for the administration of even-handed justice to the poor and the rich, to the guilty and the innocent, without respect of persons; none to be punished without a trial by their peers, and then in pursuance of the laws and evidence in the case."
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On the 23d day of August, 1788, a law was promulgated for establish- ing " general courts of quarter sessions of the peace." This court was composed of not less than three nor more than five Justices of the Peace, appointed by the Governor, who were to hold four sessions in each year. The first session of this court was held at " Campus Martius" September 9, 1788. The commission appointing the Judges thereof was read. Gen. Rufus Putnam and Gen. Benjamin Tupper, says Mitchener, constituted the Justices of the quorum, and Isaac Pearce, Thomas Lord, and Return Jonathan Meigs, Jr., the assistant Justices; Col. Return Jonathan Meigs, Sr., was Clerk. Col. Ebenezer Sproat was Sheriff of Washington County fourteen years. The first grand jury of the Northwest Territory was impanelled by this court, and consisted of the following gentlemen : William Stacey (foreman), Nathaniel Cushing, Nathan Goodale, Charles Knowles, Anselm Tupper, Jonathan Stone, Oliver Rice, Ezra Lunt, John Matthews, George Ingersoll, Jonathan Devol, Jethro Putnam, Samuel Stebbins, and Jabez True.
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HISTORY OF SHELBY COUNTY, OHIO.
1
ORGANIZATION OF COUNTIES.
Washington County, embracing the eastern half of the present State of Ohio, was the only organized county of the Northwest Territory until early in 1790, when the Governor proclaimed Hamilton County, which included all the territory between the Big and Little Miami Rivers, and extended north to the "Standing Stone Forks" on the first named stream.
The following is a list of all the Territorial counties organized ; also the date of organization, with their respective county seats :-
COUNTIES. WHEN PROCLAIMED. COUNTY BEATS.
1. Washington
July 27, 1788
Marietta.
2. Hamilton
January 2, 1790 Cincinnati.
3. St. Clair
February, 1790 Tahokia.
4. Knox
In 1790 Vincennes.
5. Randolph
In 1795 Kaskaskia.
6. Wayne
August 15, 1795
Detroit.
7. Adams
July 10, 1797
Manchester.
8. Jefferson
July 29, 1797
Steubenville.
9. Ross
August 20, 1797
Chillicothe.
10. Trumbull
July 10, 1800
Warren.
11. Clermont
December 6, 1800
Williamsburg.
12. Fairfield
December 9, 1800
New Lancaster.
13. Belmont
September 7, 1801 St. Clairsville.
It will be observed that Hamilton was the second county organized. There were situated within its limits, when organized, several flourishing villages, which had their origin during the closing months of 1788 and early in 1789. Columbia, situated at the mouth of the Little Miami, was the first of these laid out, its early settlers being Col. Benjamin Stites, of " Redstone Old Fort" (proprietor); William Goforth, John S. Gano, John Smith (a Baptist minister, who afterward became one of Ohio's first United States Senators), and others, numbering in all twenty-five persons or more, though some of them arrived a little later.
Cincinnati was the next in order of time, having been laid out early in 1789 by Colonel Robert Patterson, Matthias Denman, and Israel Lud- low. Several not very successful attempts had also been made at various points between Cincinnati and the mouth of the Great Miami by Judge Symmes.
"The early settlers of Hamilton County were principally from New Jersey, Pennsylvania, Virginia, and Kentucky. Judges Symmes and Burnet were representative men in the Miami Valley from New Jersey ; Jeremiah Morrow and Judge Dunlavy from Pennsylvania ; William H. Harrison and Wm. McMillan from Virginia; and Col. Robert Patterson and Rev. James Kemper from Kentucky.
The Scioto Valley, the next in order of time, was settled chiefly by Virginians and Kentuckians, represented by Col. Thomas Worthington and Gen. Nathaniel Massie, two of its prominent settlers.
The early settlements along Lake Erie, during the closing years of the eighteenth century, whose representative men were Governor Samuel Huntington and Hon. Benjamin Tappan, were established by men not a whit inferior to those above named, and the good that General Wash- ington said of the New England Colony that settled Marietta could, with very slight modifications, be said of most of the settlers and pio- neers of the aforesaid settlements.
·
EARLY TERRITORIAL VILLAGES AND TOWNS.
The following is a list of the principal villages and towns of the Northwest Territory, started and built up during Territorial rule, with the time of the first survey of lots, together with the names of their proprietors :-
MARIETTA, laid out in 1788 by Rufus Putnam and the Ohio Land Co. COLUMBIA, laid out in 1788 by Benjamin Stites, Major Gano, and others.
. CINCINNATI, laid out in 1789 by Robert Patterson, Matthias Denman, and Israel Ludlow.
GALLIPOLIS, laid out in 1791 by the French settlers.
MANCHESTER, laid out in 1791 by Nathaniel Massie. HAMILTON, laid out in 1794 by Israel Ludlow.
DAYTON, laid out in 1795 by Israel Ludlow, and Generals Dayton and Wilkinson.
FRANKLIN, laid out in 1795 by Wm. C. Schenck and Daniel C. Cooper. CHILLICOTHE, laid out in 1796 by Nathaniel Massie. CLEVELAND, laid out in 1796 by Job V. Styles.
FRANKLINTON, laid out in 1797 by Lucas Sullivant.
STEUBENVILLE, laid out in 1798 by Bazaliel Wells and James Ross. WILLIAMSBURG, laid out in 1799.
ZANESVILLE, laid out in 1799 by Jonathan Zane and John McIntire. NEW LANCASTER, laid out in 1800 by Ebenezer Zane. WARREN, laid out in 1801 by Ephraim Quinby.
ST. CLAIRSVILLE, laid out in 1801 by David Newell.
SPRINGFIELD, laid out in 1801 by James Demint.
NEWARK, laid out in 1802 by William C. Schenck, G. W. Burnet, and John N. Cummings.
Cincinnati at the close of the Territorial government was the largest town in the Territory, containing about one thousand inhabitants. It was incorporated in 1802, with the following as its first officers: Presi- dent, David Zeigler; Recorder, Jacob Burnet ; Trustees, Wm. Ramsay, David E. Wade, Charles Avery, Wm. Stanley, John Reily, Samuel Dick, Wm. Ruffner; Assessor, Joseph Prince; Collector, Abram Cary; Town Marshal, James Smith.
TERRITORIAL OFFICERS.
The following exhibit gives a full list of the officers of the Territory, with the date of service, including the delegates to Congress: Governor, Gen. Arthur St. Clair, served from 1788 to 1802. Secretaries, Winthrop Sargent, served from 1788 to 1798; William H. Harrison, served from 1798 to 1799; Charles Willing Byrd, served from 1799 to 1803. The latter gentleman was also acting Governor during the closing months of the Territorial government, Governor St. Clair having been removed from office in 1802 by President Jefferson. Treasurer, John Armstrong, served from 1792 to 1803; Territorial Delegates in Congress, William H. Harrison, served from 1799 to 1800; William McMillan, served from 1800 to 1801 ; Paul Fearing, served from 1801 to 1803.
Territorial Judges .- James Mitchell Varnum, Samuel Holden Par- sons, and John Armstrong were appointed Judges for the Northwest Territory, by Congress, in October, 1787 ; the latter, however, declined, and John Cleves Symmes was appointed to the vacancy in February, 1788, and he accepted.
James M. Varnum died in January, 1789, and William Barton was ap- pointed his successor, but declined the appointment ; George Turner, however, in 1789, accepted it. On the 10th of November, 1789, Judge Parsons was drowned in attempting to cross Big Beaver Creek, and Rufus Putnam became his successor, March 31, 1790. In 1796 he re- signed, and Joseph Gilman succeeded him. The Territorial court was composed of three judges, two of whom constituted a quorum for judicial purposes, and also for the exercise of legislative functions, in cooperation with the Governor. ·
NAMES. WHEN APPOINTED. END OF SERVICE.
James M. Varnum October, 1787 January, 1789.
Samuel H. Parsons October, 1787 November 10, 1789.
John Armstrong October, 1787 Refused to serve.
John C. Symmes .February, 1788.
William Barton February, 1789 Refused to serve.
George Turner February, 1789.
Rufus Putnam
Joseph Gilman
March 31, 1790 March 21, 1796.
Served until 1796.
Return Jonathan Meigs, Jr., was appointed (says Judge Burnet) after the first session of the Territorial Legislature, of which he was a mem- ber, and probably continued in office to the close of the Territorial gov- ernment, but I have not been able to verify said conjecture.
HOSTILITY OF THE INDIAN TRIBES-MILITARY EXPEDITIONS.
From the time of the organization of the government of the " North- west Territory," in 1788, until the ratification of the "treaty of Green- ville," sometimes called " Wayne's treaty," in 1795, the attitude of many of the western Indian tribes towards the white settlers in the Northwest
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HISTORY OF SHELBY COUNTY, OHIO.
Territory was that of extreme, unrelenting hostility. The military or- ganization which had marched against them, before the establishment of civil government in the great Northwest, had signally failed to sub- jugate them, or secure a permanent cessation of hostilities. The disas- trous expedition of General Braddock in 1755, of Major Wilkins in 1763, of Colonel Bradstreet in 1764, of Colonel Lochry in 1781, and of Colonel Crawford in 1782, and the disgraceful and murderous expedition against the Moravian Indians on the Tuscarawas, in the last-named year, only tended to inflame the hostile Indian tribes, and inspire them with greater courage in their hostile movements and aggressive measures against the white settlers. The fruitless, if not abortive, campaigns of Colonel McDonald in 1774, of General McIntosh in 1778, and of General Broad- head in 1781, of course, led to no salutary results. Even the successful campaigns of Colonel Boquet in 1763-4, of Lord Dunmore and General Lewis in 1774, and of General Geo. Rogers Clark in 1778, failed to secure a permanent peace with the western Indian tribes. The inhabitants of the Northwest Territory were, therefore, from the 7th of April, 1788, when the first immigrants arrived at the mouth of the Muskingum, un- til the treaty of Greenville was concluded in August, 1795, constantly liable to the stealthy but deadly attacks of the perfidious, merciless savage tribes of the Northwest. But they met their dastardly, cruel, relentless foes in the spirit of genuine manhood-of true, determined, unflinching heroism ! They were men worthy of the heroic age of the West ! Bravely did they bear themselves during those seven years of toil and privations, of dread and apprehension, of suffering and sorrow, of blood and carnage.
To secure the speedy termination of those savage atrocities the Na- tional Government early organized a number of military expeditions, the first of which being that of General Harmar, in 1790, who was then commander-in-chief of the military department of the West. He had a few hundred regular troops under his command, stationed chiefly at Fort Harmar and at Fort Washington, which served as the nucleus of his army. The great body of his troops, however, numbering in all above fourteen hundred, were Pennsylvania and Kentucky volunteers, the for- mer being under the immediate command of Colonel John Hardin, and the latter of Colonel Trotter. The expedition left Fort Washington and marched to the junction of the St. Joseph and St. Marys rivers (now Fort Wayne, Indiana), where detachments of the army, under command of Colonel Hardin, on the 19th and 22d day of October, encountered the enemy and suffered mortifying defeats. Of course, the campaign failed to give peace or relief from apprehended barbarities.
The next year General St. Clair, the Governor of the Territory, who had a Revolutionary record of patriotism and ability, organized an ex- pedition, whose strength somewhat exceeded that of General Harmar's. It met with a most disastrous defeat, November 4, 1791, near the head- waters of the Wabash, now in Mercer County, Ohio, the battle-field being known as Fort Recovery. Of fifteen hundred men in the battle more than half of them were either killed or wounded, and proved a great calamity to the disheartened and greatly harassed pioneers of the North- west Territory.
Immediately after the defeat of General St. Clair, the Federal Govern- ment took the preliminary steps to raise a large army to operate against the hostile tribes, for the purpose of finally and permanently subjugating them. Military preparations, however, progressed slowly, and the sum- mer of 1794 had nearly passed before the confederated hostile Indian tribes were met in battle array by General Wayne's army. The battle was fought at the Maumee Rapids, near Perrysburg and Fort Meigs, in Wood County, Ohio, and is known as the battle of " Fallen Timbers," though sometimes called the " Battle of the Maumee." Wayne's army numbered more than three thousand men, well disciplined, and ably offi- cered, sixteen hundred of whom being mounted volunteer troops from Kentucky, commanded by General Charles Scott, of said State, who was the second ranking officer in the army, and who, as well as General Henry Lee (the " Light-Horse Harry" of the Revolution) and General William Darke, had been favorably considered by President Washington in connection with the chief command of the expedition. The choice, however, fell upon General Wayne, the old companion-in-arms of the President, and to him is justly ascribed the honor of defeating the Indian tribes commanded by the celebrated Shawnee chief, Blue Jacket, on the
Maumee, August 20, 1794, and of permanently breaking the power of a very formidable Indian confederacy. Cessation of hostilities followed this victory, and a peace, which the general Government had vainly sought by friendly negotiation, was secured-a peace which continued for many years, even until after the Northwest Territory had "ceased to be," and the important incidents and events connected therewith had passed into history.
ORGANIZATION OF THE SECOND GRADE OF TERRITORIAL GOVERNMENT.
The Governor having satisfactorily ascertained that the conditions existed entitling the Territory to the second grade of government, that is, that there were " five thousand free male inhabitants of full age," within the territory, he, on the 29th day of October, 1798, took the pre- liminary steps to effect that object, by issuing his proclamation, directing the qualified voters to hold elections for Territorial Representatives on the third Monday of December, 1798. The election was held in pursu- ance of said proclamation, which resulted in the following gentlemen being chosen to constitute the popular branch of the Territorial Legis- lature for the ensuing two years :-
MEMBERS OF TERRITORIAL LEGISLATURE OF 1799-1800.
Return Jonathan Meigs, Washing- John Edgar, Randolph County. ton County. Solomon Sibley, Wayne 66
Paul Fearing, Washington County. Jacob Visgar, 66
William Goforth, Hamilton
. William McMillan,
=
Charles F. Chabert de Joncaire, Wayne County.
John Smith,
66 Joseph Darlington, Adams County.
John Ludlow,
Nathaniel Massie, 3
Robert Benham, 3 James Pritchard, Jefferson
Aaron Caldwell, 66 Thomas Worthington, Ross
Isaac Martin,
Elias Langham, 66
Shadrack Bond, St. Clair
Samuel Findlay,
John Small, Knox
Edward Tiffin, 1
66
The above-named gentlemen met at Cincinnati on the 22d of January, 1799, and nominated ten men, whose names they forwarded to the United States Congress, five of whom were to be selected by that body to con- stitute the Legislative Council of the Territory. They then adjourned to meet on the 16th of September, 1799.
On the 22d of March, 1799, either the United States Senate, the United States House of Representatives, or the President of the United States (authorities are not agreed), chose from among those whose names had been suggested to them the following gentlemen, to compose the first Legislative Council of the Northwest Territory, their term of office to continue five years, any three of whom to form a quorum :-
Jacob Burnet, of Cincinnati, Hamilton County ; Henry Vandenburg, of Vincennes, Knox County ; Robert Oliver, of Marietta, Washington County; James Findlay, of Cincinnati, Hamilton County; David Vance, of Vanceville, Jefferson County.
The ordinance of 1787 named Congress as the authority in whom was vested the right to select five from the list of ten persons to constitute the Territorial Council. But it will be borne in mind that said ordinance was passed by a Congress that legislated in pursuance of the Articles of Confederation, while yet we had neither President nor United States Senate, hence authority was given to Congress to make the selection. But it is highly probable that the aforesaid authority was subsequently transferred to the President, or to the Senate, or to them jointly.
FIRST COUNCIL AND HOUSE OF REPRESENTATIVES.
Both the Council and House of Representatives met at Cincinnati September 16, 1799, and effected a permanent organization. The Coun- cil perfected its organization by the election of the following officers : President, Henry Vandenburg. Secretary, William C. Schenck. Door- keeper, George Howard. Sergeant-at-Arms, Abraham Cary.
The House of Representatives completed its organization by electing, as its officers, the following gentlemen : Speaker of the House, Edward Tiffin. Clerk, John Riley. Door-keeper, Joshua Rowland. Sergeant- at-Arms, Abraham Cary.
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· HISTORY OF SHELBY COUNTY, OHIO.
Thirty bills were passed at the first session of the Territorial Legisla- ture, but the Governor vetoed eleven of them. They also elected Wil- liam H. Harrison, then Secretary of the Territory, a delegate to Congress, by a vote of 11 to 10 that were cast for Arthur St. Clair, Jr., son of the Governor, then a promising young lawyer of Cincinnati, and who then held the office of Attorney-General of the Territory. The first session of the Territorial Legislature was prorogued by the Governor December 19, 1799, until the first Monday of November, 1800, at which time they reassembled and held the second session at Chillicothe, which, by an act of Congress of May 7, 1800, was made the seat of the Territorial Gov- ernment until otherwise ordered by the Legislature. This, the second session of the Territorial Legislature, was of short duration, continuing only until December 9, 1800.
On May 9, 1800, Congress passed an act establishing the Indiana Ter- ritory, with boundaries including the present States of Indiana and Illinois, and William H. Harrison, having accepted the office of Governor of said Territory, it devolved upon the Territorial Legislature, at its second session, not only to elect a delegate to fill the vacancy occasioned by his resignation, but also to elect a delegate to serve during the suc- ceeding Congress. William McMillan, of Cincinnati, was elected to fill the vacancy, and Paul Fearing, of Marietta, was elected to serve from the 4th of March, 1801, to the 4th of March, 1803. They were both reputed to be men of ability.
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