USA > Ohio > Mercer County > History of Van Wert and Mercer counties, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 37
USA > Ohio > Van Wert County > History of Van Wert and Mercer counties, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 37
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Sec. 5. The Register and Receiver of the Land Office, Directors of the Penitentiary, Directors of the Benevolent Institutions of the State, the State Librarian, and all other officers, not otherwise provided for in this Constitution, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively, unless the General Assembly shall otherwise provide.
Sec. 6. The superior and commercial courts of Cincinnati, and the supe- rior court of Cleveland, shall remain until otherwise provided by law. with their present powers and jurisdiction; and the judges and clerks of said courts, in office on the first day of September. one thousand eight hundred and fifty-one, shall continue in office until the expiration of their terms of office, respectively, or until otherwise provided by law ; but neither of said courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three ; and no suit shall be commenced in said two first-mentioned courts, after the second Mon- day of February, one thousand eight hundred and fifty-two, nor in said last-mentioned court, after the second Mondaysin August, one thousand eight hundred and fifty-two; and all business in either of said courts, not disposed of within the time limited for their continuance, as afore- said, shall be transferred to the court of common pleas.
Sec. 7. All county and township officers, and justices of the peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively.
See. 8. Vacancies in office, occurring after the first day of September, one thousand eight hundred and fifty-one, shall be filled, as is now pre- scribed by law, and until officers are elected or appointed, and qualified, under this Constitution.
Sec. 9. This Constitution shall take effect on the first day of Septem- ber, one thousand eight hundred and fifty-one.
Sec. 10. All officers shall continue in otfler until their successors sball be chosen and qualified.
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HISTORY OF VAN WERT AND MERCER COUNTIES, OHIO.
See. 11. Snits pending in the supreme court in bone, shall be trany. ferred to the supreme court, provided for in this Constitution, and be proceeded in according to law.
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See. 12. The district court+ shall, in their respective counties, be the successors of the present supreme court ; and all suits, proscentions, judgments, records and proceedings, pending and remaining in said supreme court, in the several counties of any district, shall be trans- ferred to the respective district courts of such counties, and be proceeded in as though no change had been made in said supreme court.
Sec. 13. The said courts of common pleas, shall be the successors of the present courts of common pleas in the several counties, except as to probate jurisdiction; and all suits, prosecutions, proceedings, records and judgments, pending or being in said last mentioned courts, except as aforesaid, shall be transferred to the courts of common pleas, created by this Constitution, and proceeded in as though the same had been therein instituted.
Sec. 14. The probate courts provided for in this Constitution, as to all matters within the jurisdiction conferred upon said courts, shall be the successors, in the several counties, of the present courts of common pleas; and the records, files and papers, business and proceedings, appertaining to said jurisdiction, shall be transferred to said courts of probate, and be there proceeded in, according to law.
See. 15. Until otherwise provided by law, elections for judges and clerks shall be held, and the poll books returned, as is provided for Governor; and the abstract therefrom, certified to the Secretary of State, shall be by him opened, in the presence of the Governor, who shall declare the result, and issue commissions to the persons elected.
Sec. 16. Where two or more counties are joined in a senatorial, repre- sentative or judicial district, the returns of elections shall be sent lo the county having the largest population.
Sec. 17. The foregoing Constitution shall be submitted to the clectors of the State, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election dis- triets of this State. The ballots at such election shall be written or printed as follows: Those in favor of the Constitution, " New Constitu- tion, Yes ;" those against the Constitution, " New Constitution, No." The polls at said election shall be opened between the hours of eight and ten o'clock, A. M., and closed at six o'clock. P. M. ; and the said elec- tion shall be conducted, and the returns thereof made and certified to the Secretary of State, as provided by law for annual elections of State and county officers. Within twenty days after such election. the Seere- tary of State shall open the returns thereof, in the presence of the Gor- ernor; and, if it shall appear that a majority of all the votes cast at such election are in favor of the Constitution, the Governor shall issue his proclamation, stating that fact, and said Constitution shall be the Constitution of the State of Ohio, and not otherwise.
Sec. 18. At the time when the votes of the electors shall be taken for the adoption or rejection of this Constitution, the additional section, in the words following, to wit: " No license to traffic in intoxicating liquors shall hereafter be granted in this State, but the General Assembly may, by law, provide against evils resulting therefrom," shall be separately submitted to the electors for adoption or rejection, in form following. to wit: A separate ballot may be given by every elector, and deposited in a separate box. Upon the ballots given for said separate amendment, shall be written or printed, or partly written and partly printed, the words, " License to sell intoxicating liquors, Yes ;" and upon the bal- lots given against said amendment, in like manner, the words, "License to sell intoxicating liquors, No." If, at the said election, a majority of all the votes given for and against said amendment, shall contain the words, " License to sell intoxicating liquors, No." then the said amend- ment shall be a separate section of article fifteen of the Constitution.
Sec. 13. The apportionment for the House of Representatives, during ยท the first decennial period under this Constitution, shall be as follows :-
The counties of Adams, Allen, Athens, Auglaize, Carroll, Champaign, Clark, Clinton, Crawford, Darke, Delaware, Eric, Fayette, Gallia, Ge- anga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Malison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, Proble, Sandusky. Scioto, Shelby and Union, shall, severally, be entitled to one Representative in each session of the decennial period.
The counties of Franklin, Licking, Montgomery, and Stark, shall euch be entitled to two Representatives in each session of the decennial period.
The counties of Ashland, Coshocton, Highland, Huron, Lorain, Ma- honing, Medina, Miami, Portage, Sengen, Summit and Warren, strill, severally, be entitled to one Representative in cach session, and one additional Representative in the fifth session of the decennial period.
The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guern- sey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas and Washington, shall, severally, be entitled to one Representative in each session, and two additional Representatives, one in the third, and one in the fourth session of the decennial period.
The counties of Belmont, Columbiana, Ross and Wayne, shall, sove- rally, be entitled to one Representative in each session, and three addi- tional Representatives, one in the first, one in the second, and one in the third session of the decennial period.
The county of Muskingum shall be entitled to two Representatives in cach session, and one additional Representative in the fifth session of the decennial period.
The county of Cuyahoga shall be entitled to two Representatives in cach session, and two additional Representatives, one in the third, and one in the fourth session of the decennial period.
The county of Hamilton shall be entitled to seven Representatives in cach session, and four additional Representatives, one in the first, one in the second, one in the third, and one in the fourth session of the decennial period.
The following counties, until they shall have acquired a sufficient population to entitle them to elect, separately, under the fourth section of the eleventh article, shall form districts in manner following, to wit : The counties of Jackson and Vinton, one district; the counties of Lucas and Fulton, one district; the counties of Wyandot and Hardin, one dis- triet ; the counties of Mercer and Van Wert, one district; the counties of Paulding, Defiance and Williams, one district; the counties of l'ut- nam and Henry, one district; and the counties of Wood and Ottawa, one district ; each of which districts shall be entitled to one Represent- ative in every session of the decennial period.
Done in Convention, at Cincinnati, the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-one, and of the Independence of the United States the seventy-fifth.
WILLIAM MEDILL, President.
Attest : War. II. GILL, Secretary.
LOCAL INCIDENTS OF THE WAR OF 1812.
During the war of 1812 the old posts or forts which stood as monn- ments of the march of General Wayne, were to some extent called into prominence and kept in existence until 1817, when the treaty at the foot of the Rapids obviated their further use. These posts were Recovery, Loramie, St. Marys or Barbee, and Adams. In September, 1812, Gen- eral Harrison had his headquarters at St. Mary's for a short time, this being one point for the rendezvous of troops in anticipation of the con templated advance against Detroit and Malden. At this juncture the base line of his operations was one drawn from Upper Sandusky along "the southerly side of the swampy district of St. Marys." About two thousand two hundred troops collected at St. Marys, and at this place Col. Richard M. Johnson, of gallant bearing and famous memory, joined General Harrison with three hundred mounted Kentuckians.
Colonel Adams with seven hundred mounted men had advanced as far as Shane's Crossing of the St. Marys, making a forced march to the relief of Ft. Wayne.
Colone! Allen's regiment with one company from the regiment of Col. Scott and two from that uf Col. Lewis had been detached by the General from Piqua on the same mission as that of Col. Adams.
On September 6th, the whole force moved forward from Piqua, and early on the 8th overtook the command of Col. Allen on the St. Mary's River, where the Colonel had been ordered by express from the General to halt and construct blockhouses for the protection of the sick and as a storehouse for provisions. This was Girty's Town, since called St. Marys, located on the river of the same name, in Auglaize County, Major R. M. Johnson arrived here with his corps of mounted men on the evening of
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HISTORY OF VANSWERT AND MERCER COUNTIES, OHIO.
the same day. These volunteers consisted of the companies of Captains Arnold, Johnson, aud Ward. The whole force then centred at this point mustered about twenty two hundred. Late the next day (Sep- tember 9th) the whole force reached Shane's Crossing and joined Colonel Adams's regiment of Ohio volunteers.
Pending operations in this quarter Col. Jennings was detached to crest a fort at a point intermediate between St. Marys and Defiance. This fort was built upon the Auglaize River, and named Fort Jennings.
After an absence at Ft. Wayne, General Harrison returned to St. Mary's on the 20th of September, and the next day wrote as follows to General Winchester :---
ST. MARYS, 21st September, 1812.
SIR :
Colonel Jennings's regiment is now here. I shall immediately set it to open the road to Fort Defiance, and will dircet the contractor and commissary to push on their provisions. The Secretary of War, in a Jetter received from him, since I saw you, urges me to join you (suppos- ing that I was then in Kentucky), with a reinforcement of the troops sub- ject to my orders. As I have declined the appointment tendered me of brigadier, I cannot comply with his request, as the commission which I have is of higher grade than yours. I must, therefore, carry the wishes of the President into effect, so far as to place at your disposal the regi- ments of Barbee and JJennings, and the quota of this State which I have heretofore required of Governor Meigs. The officers commanding these corps will be directed to report to you and receive your orders. I shall retain the separate command of the mounted men and Pogne's regiment, and will communicate to you by express the particular object at which I shall aim. Be so obliging as to send orders to Colonels Barbec and Jennings. The former is at Piqua, and the latter I shall place on the road to Defiance, as I have above intimated.
I am very respectfully, your obedient servant, WILLIAM HENRY HARRISON.
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Brig .- Gen. JAMES WINCHESTER.
The following order was at once issued to Colonel Wm. Jennings :--- HEADQUARTERS, ST. MARYS, 24th September, 1812.
SIR :
It has become necessary to open a road from this place to Fort Defi- ance by the way of Tawatown, and to build a block-house in the inter- mediate, as nearly central as a good situation can be had. You will, with your regiment; proceed to this duty immediately. Some of the friendly Indians will be employed as guides, and Mr. Wm. Conner will attend you and act as interpreter. A number of wagons and pack-horses will set out from this place to-morrow morning ; it will be proper to send two companies to escort them, with directions to open the road only wide enough to allow the wagons to pass, and direct them to proceed with the utmost expedition.
It will also be proper that the pack-horses should be detached ahead as soon as they arrive within twenty-five or thirty miles of Defiance, imder an escort of thirty men; the remaining part of the regiment will follow the wagons, and open the road, so as to have all the small timber removed at least to the distance of thirty feet; upon your arrival at the spot upon which you may think proper to erect the block-house, you will immediately clear a place and proceed to build it. It should be of the largest size of such buildings -- not less then 25 feet in the bottom story. You will be reinforced or relieved by Colonel Pogue or Colonel Barbee's regiments, if there should be occasion for it before the work is completed.
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I am, very respectfully, your humble servant, W.M. H. HARRISON. Col. WM. JENNINGS, commanding 2d Regiment Kentucky quota Militia.
C'apt. Collins, who commanded a company of riffemen from Butler County, opened a wagon way along the old army trace from Loramie to St. Marys. This company was stationed here during the winter of 1813. The Captain gives an amusing aud characteristic account of the election of Richard M. Johnson, as colonel of his regiment. He says: "The troops were drawn up on parade in a solid column. There was a gen- Wieman of good appearance in front, facing the column, engaged in deliv-
ering a speech to the soldiers." . After Capt. Collins had taken a position where he could see and bear, he recognized in the orator, Richard M. Johnson, a lawyer, whom he had formerly seen in Kentucky, and when be understood was a member of Congress from that State. The Fogi ment was about to elect a colonel, and he was a candidate for that office. In the course of his remarks he observed, if they should cleet bim as their commander, he would in all times of danger, take a position wher. he would be most likely to receive the first fire of the enemy. He literally and most gallantly afterwards redeemed this pledge at the battle of the Thames. He was elected. It was while at St. Marys that General Harrison received his commission as a Major-General in the regular army of the United States; having before that term been acting und! a commission from Gov. Scott, of Kentucky, of all his forces in the field. This company of Capt. Collins did good service in opening roads and making water-craft to transport supplies down the St. Marys River. While here Col. Johnson was ordered to destroy an Indian town on the north side of the wet prairie -- now the Reservoir. This was what has since been called "Old Town," and belonged to the Shawnces, but was totally destroyed and never reoccupied.
From St. Mary's. Gen. Harrison, with the main body of his forces, moved over to the Auglaize, down to Fort Jennings, and afterwards to Defiance.
On Sept. 30, 1813, the companies of Captains Roper. Clarke, and Bacon were ordered to eleet a major and form a battalion, which should unite and form a regiment with the company of Johnson, and elect a colonel Roper was elected major, and Johnson colonel, while Captain Arnold succeeded Johnson as major, and Lientenant Ellison succeeded Arnolt as captain. This regiment, now in command of Col. Richard M. Jobs- son, with the Ohio regiment of Col. Findley, formed a brigade which was placed in command of Brigadier-General Topper, of Ohio. This brigade was to advance up the St. Josephs, toward Detroit; but about noon of the day on which the organization was effected, an express from Gen. Winchester brought intelligence of his encounter with Indian -. and that near Detroit he found British troops, with artillery, acting in concert with the Indians. A few minutes later an express arrived fru Gov. Meigs, with a letter from Gen. Kelso, who was in command of a detachment of Pennsylvania troops on Lake Erie. This letter stated that on Sept. 16, 2000 Indians, with some regulars and militia, and two pieces of artillery, left Malden, to attack Ft. Wayne. On receipt of these despatches, orders were issued for a foreed march, and three days' provisions; large quantities of ammunition and other necessaries were issued, so that, in three hours, the whole force at St. Marys was in motion to join Winchester, who was believed to have met the alli I forces el Upper Canada. On October Ist a heavy rain fell, rendering S'en .. heavy, and almost impassable. The horsemen held the Banks med i. infantry halted for dinner, when the cavalry pushed to the front. and t'. same evening passed the camp of Col. Jennings. The rain continued al! night, the weather was unseasonally cold, and the lack of tents rendered the position of the troops very uncomfortable. The footmen were halted at Ft. Jennings; but Gen, Harrison, on Oct. 2, met another express from General Winchester, with intelligence of the retreat of the enemy. Oa receipt of this message, the General ordered Col. Barbee to return with his regiment to St. Marys, and Col. Pogue to cut a road from Ft. Jen- nings to Defiance. This disappointment of the troops to meet the enemy. caused dissatisfaction; and even the General was displeased to find the first despatches of an exaggerated character. He, however, pe-hed on. and reached Winchester's camp the same evening. The troops came up the next morning, and advanced to the mouth of the Auglaize, whe . they went into camp. At Winchester's camp scarcity of supplies had produced suffering and discontent. To allay this, both Harrison and Hardin addressed the soldiers in very affecting terms. The former as sured them that ample supplies lay at St. Mary's, that a road was open- ing to that point, and that in the evening he expected a large qurustis of provisions; and, in conclusion, he said: "If you, fellow soldiers from Kentucky, so famed for patriotism, refuse to hear the hardships incident to war, and to defend the rights of your insulted country, where shall I look for men to go with me ?"
These assurances and appeals restored harmony in the camp. Harri- Bon now selected a site for a new fort on the Auglaize, close by the ruins
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HISTORY OF VAN WERT AND MERCER COUNTIES, OHIO.
of the old one. A fatigue party of 250 men was placed in command of Major Joseph Robb, who was detailed to cut timber for the new build- ings. General Winchester now moved from the Miami, and encamped about a mile above the mouth of the Auglaize. General Harrison and Col. Johnson, with his original regiment, returned to St. Marys, where the companies of Johnson, Ward, and Ellison were honorably discharged on Oct. 7.
Col. Pogue's regiment had orders, after cutting the way to Defiance, to return to the Ottawa towns on the Auglaize, twelve miles from St. Marys, and there erect a fort. On Vet. 4, General Harrison ordered General Tupper to proceed with his mounted men the next morning down the Miami to the Rapids, or farther, if necessary, to disperse any bands of the enemy who were reported to be rioting on the corn of the settlers, who had fled to other settlements for safety. He was then to return by Defiance to St. Marys.
Accordingly, eight days' rations were issued, but Tupper feigned the need of more ammunition than he had received, and this General Win- chester could not supply. In the morning the order was unheeded, and at noon a party of Indians appeared on the opposite bank of the river, and fired upon three men, one of whom they killed, and then fled. They were pursued by several different bands of the troops, one of which, with Capt. Young, overtook them, but finding them about fifty strong, fired upon them, and retreated to the camp. In the morning, Logan, with six other Indians, was sent out to reconnoitre, and Col. Simrall organized a strong party to renew the pursuit; but at this time Win- chester ordered Tupper to commence his expedition towar' the Rapids, by a pursuit of these Indians. Again the General was not ready, as he was awaiting the return of the spies sent out in the morning to ascertain the trail of the enemy. These spies returned in the evening, and re- ported the Indians fifty in number, ten miles down the river. Again Tupper was urged to move; but again he was unwilling, and asserted his desire to go by the Ottawa towns instead of by Defiance. The same day the terms of about three hundred mounted riflemen expired, and disgusted with the conduet of the General, they refused to remain in the service. Discontent now manifested itself, as the Kentuckians did not wish to move with Tupper, unless accompanied by some of Win- chester's field officers:
Col. Allen Trimble then tendered his services, and was accepted; but the General proceeded by way of the Auglaize to the Ottawa towns, as he had desired. Here he professed to expect reinforcements. His troops were now disheartened, and all but two hundred refused to move in the direction of the Rapids, and the command therefore retired to Urbana, where those troops who were obedient were honorably discharged. Tupper was ordered to be arrested by Harrison on charges preferred by Winchester, but when the officer went to make the arrest, he found Tupper had gone on an expedition of his own towards the Rapids; and as there was no officer in his brigade capable of succeeding him in command, it was deemed prudent to stay the proceedings for a time. Tupper after- ward demanded a court of inquiry at Fort Meigs, but as no competent witnesses were present, he had to be acquitted.
As Harrison was returning from Defiance to St. Marys, he was in- formed by a Fort Wayne express that Indians were collecting at that place. On his arrival at St. Marys, he found a corps of five hundred mounted volunteers who had come to join the expedition to Detroit. They were in command of Col. Allen Trimble, and were ordered to Fort Wayne, with instructions to proceed from that post against the White Pigeon villages about sixty miles distant, on the St. Josephs. On his arrival at the fort, about Half his men refused to go farther; but with part of his force he proceeded, and destroyed two villages. The Indians who were sent from Fort Wayne to bring in the Miami chiefs from the Mississinewa to council, were now at St. Mary's, with a number of those chiefs.
They were ready to deny their hostility ; but finding the General too well informed to be deceived, they begged the merey of the government, and left five of their number, selected by General Harrison, to be held as hostages at Piqua, until the action of the President could be learned. The' troops of Winchester were now employed several weeks in com- pleting the new fort, which they had named for the commander, and in making canoes along the Miami. The regiment of Col. Barbee completed
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the fort at St. Marys, and named it Fort Barbee. Col. Pogue, with his regiment, built the fort at the Ottawa towns, on the Auglaize, twelve miles from St. Marys, and named it Fort Amanda, in honor of his wife. The regiment of Col. Jennings completed the fort, which the troop- named for the Colonel. These regiments were at the same time employe 1 in constructing boats and canoes, and in escorting provision trains he. tween the posts. These were some of the exertions and movement, made in our territory in preparation for the main expedition contem- plated against Malden.
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