USA > Ohio > Erie County > History of the Fire lands, comprising Huron and Erie Counties, Ohio, with illustrations and biographical sketches of some of the prominent men and pioneers > Part 5
USA > Ohio > Huron County > History of the Fire lands, comprising Huron and Erie Counties, Ohio, with illustrations and biographical sketches of some of the prominent men and pioneers > Part 5
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"AND WHEREAS, Said half million of acres of land are now within the limits of the county of Trumbull, in said State, are still subject to Indian claims of title:
"WHEREFORE, To enable the owners and proprietors of said half mil- lion acres of land to purchase and extinguish the Indian claim of title to the same (under the authority of the United States when the same shall be obtained), to survey and locate the said land, and to make par- tition thereof to and among said owners and proprietors, in propor- tion to the amount of losses which is or shall be by them respectively owned," etc.
After this preamble follow the different sections of the act, the first section constituting the owners and proprietors of said tract a body corporate under the name of "The proprietors of the half million of acres of land lying south of Lake Erie, called sufferers' lands."
The second section provides for a board of nine directors, one of whom is to represent each of the suffering towns, except in case of New London, which was allowed two directors. These directors were authorized to take steps to extinguish the Indian title, to survey the land into townships, and partition the same among the owners and proprietors according to the amount of their several interests, to defray expenses, consequent upon these and other necessary acts, and were allowed to levy a tax on said land and enforce the collection of the same.
The third section of the act names Jabez Fitch, of Greenwich; Taylor Sherman, of Norwalk; Walter Bradley, of Fairfield; Philip B. Bradley, of Ridge- field; James Clark, of Danbury; Isaac Mills, of New Haven and East Haven; Elias Perkins and Guy
Richards, of New London; and Starr Chester, of Groton, as the first board of directors, and pro- vides for the manner of organization, calling of meetings, etc.
The next section provides that, after the first meet- ing, the directors shall be chosen once in two years by the proprietors of said lands, holding losses sus- tained. Other sections following provide for appoint- ment of clerk, treasurer, collector of taxes, etc., and specify the manner of selling land for non-payment of taxes.
The eighth section authorizes the directors to insti- tute suits against trespassers on the lands, and to adjust and settle the accounts of former incorpora- tions.
The ninth section makes sales by collector, of rights sold for non-payment of taxes, valid unless redeemed within six months, by paying tax, twelve per cent. interest, and cost of sale.
The ninth section authorizes directors "to do what- ever shall to them appear necessary and proper to be done for the well-ordering of said owners and pro- prietors, not contrary to the laws of this State." .
The eleventh section requires the directors to make an annual report, and directs them to dispose of any surplus funds remaining "after the Indian title shall be extinguished, and said lands located and parti- tion thereof made, shall be used by said directors in laying out and improving the public roads in said tract."
The twelfth and final section states that the act shall be and remain a public act during the pleasure of the assembly.
The first meeting of the directors was holden at the dwelling house of Marcus Miles, inn-holder, in the city of New Haven, Connecticut, on the second Wednesday of February, 1804, eight of the nine directors being present. Philip B. Bradley was chosen chairman, and Isaac Mills, clerk.
On the 14th of September, 1804, William Dean, of Easton, originally of the county of Bucks, in the commonwealth of Pennsylvania, submitted to the directors a proposition in writing to extinguish "the Indian right of soil at six cents per acre (or thirty thousand dollars), and deliver the possession in dne form of law (as relates to Indians) in the presence of a commissioner of the United States, to be appointed for that purpose before the 1st of September of the next year, 1805. I will, at my own expense, pay the consideration to the Indians, the presents to be made to them at the treaty, the pay of the commissioner and all other expenses incident to the same (except those of the agent of said company)." Mr. Dean also specifies the time and manner of payment and other particulars.
The directors, at their meeting on September 20, considered the matter and voted to accept the propo- sition, specifying at some length various conditions, which were immediately accepted by Mr. Dean. At this meeting a tax of twenty-five cents to the pound
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HISTORY OF HURON AND ERIE COUNTIES, OHIO.
of original loss was levied. September 25, the chair- man was directed to make application to the Presi- dent of the United States, to appoint a commissioner to treat with the Indians, as provided in agreement with William Dean.
On March 27, 1805, Isaac Mills, the clerk of the board, was appointed agent, in behalf of the directors of said company, to attend the Indian treaty to be held by William Dean, and was also authorized to take steps towards running and establishing the boundary lines, and was to be allowed five dollars per day for his services, and his own expenses.
On October 31, 1805, Isaac Mills, agent for the directors, submitted his report, reciting that on May 7, he left New Haven for Cleveland, Ohio, the point originally selected to hold the treaty with the Indians. On his arrival at Cleveland, he found that the In- dians could not be collected at that plaee, and that it was decided to hold it at Fort Industry, on the Miami of the lake. In order to carry out the treaty, Mr. Dean. not having the specie, drew checks on the United States Bank at Philadelphia to the amount of six thousand dollars, on which specie was obtained. On the 4th day of July, 1805, the Chippewa, Ottawa, Pottawatomie, Wyandot, Delaware and Munsee, to- gether with the Shawanese nations of Indians, exe- ented a treaty by which all the lands belonging to the company were ceded by said nations to it, and Charles Jewett, commissioner for the United States. certified that William Dean had procured the proper convey- ance from the Indian tribes. which would become absolutely vested in the company when the treaty should be ratified by the United States senate. Here- with is the treaty referred to:
"To all to whom these presents shall come, greeting: I certify. That the annexed writing contains a true copy of a treaty concluded with certain Indian tribes at Fort Industry, on the 4th day of July, 1805, the original whereof remains in this office. In faith whereof, I, Robert Smith, secretary for the department of state of the United States of America, have signed these presents, and caused the seal of my office to be affixed hereto, at the city of Washington, this 22d day of March, A.D., 1809, and In the thirty-third year of the independence of the said States. [1 .. . ] R. SMITH.
Thomas Jefferson, President of the United States of America: To all to whom these presents shall come, greeting:
" WHEREAS, A treaty was held on the 4th day of July, A. D., one thou- sand eight hundred and five, under the authority of the United States. with the sachems, chiefs and warriors of the Wyandot, Ottawa, Chip- perra, Munsee, and Delaware, Shawranee and Pottawatomie nations or tribes of Indians at Fort Industry, on the Miami of the lake, in the pres- ence and with the approbation of Charles Jewett, the commissioner of the United States, appointed to hold the same, the following agreement was made between the said nations and tribes of Indians and the agent of the land companies hereinafter mentioned.
"A treaty between the United States of America and the sachems, chiefs and warriors of the Wyandot. Ottawa, Chippewa, Munsee and Delaware, Sharanee and Pottawatomie nations, holden at Fort In- dustry, on the Miami of the lake, on the 4th day of July, A.D., one thou- sand eight hundred and five.
"WHEREAS, Thomas Jefferson. President of the United States. did ap- point Charles Jewett, Esquire, a commissioner to hold a trenty with said Indian Nations, for the purpose of enabling the ngents of the Connecti- cut Reserve, to negotiate nnd conclude a cession of their lands: and,
"WHEREAS, The company incorporated by the name of the 'Proprietors of the half million acres of land lying south of Lake Erie, called 'Suf- ferers' Lands,' and the owners and proprietors of one half million acrea of land, part of said Connecticut Reserve, lying on the west end thereof, and south of the shore of Lake Erie: and.
"WHEREAS, The Connecticut Land Company, so called, are the owners and proprietors of the remaining part of said Reserve lying west of the river Cuyahoga; and,
"WHEREAS, Henry Champion, Esquire, agent of the said Connecticut Land Company, and Isaac Milla. Esquire, agent of directors of the com- pany, incorporated by the name of the 'Proprietors of the half million acres of land lying south of Lake Erie, called 'Sufferers' Lands,' were both duly authorized and empowered by their respective companies and the directors thereof, to treat for the cession and purchase of said Con- necticut Reserve:
"Now, know all men by these presents, That we, the sachemia, chiefs and warriors of the Nations aforesaid, for the consideration of eighteen thousand nine hundred sixteen and sixty-seven one-hundredths dollars received of the companies aforesaid, by the hands of their respective agents, to our full satisfaction, have ceded, remised, released and quit cla med, and by these presents do cede, remise, release and forever quit claim to the companies aforesaid, and the individuals composing the same, and their heirs and assigns forever, all the interest, right, title and claim of title of said Indian Nations respectively, of, in and to all the lands of said companies lying west of the river Cuyahoga, and the Portage between that and the Tuscarawas branch of the Muskingum, north of the northernmost part of the forty-first degree of north lati- tude, east of a line agreed and designated in a treaty between the United States and said Indian Nations, bearing even date herewith, being a line north and south one hundred and twenty miles due west of the west line of Peunsylvania, and south of the northwesternmost part of the forty- second degree and two minutes north latitude. for them the said compa- nies respectively, to have, hold, occupy, peaceably possess and enjoy the granted and quit claimed premises forever, free and clear of all let, hindrance or molestation whatever, so that said Nations, and neither of them, the sachems, chiefsand warriors thereof, and neither of them, or any of the posterity of said Nations respectively, shall ever hereafter make any claim to the quit claimed premises, or any part thereof, hut therefrom said Nations, the sachems, chiefs and warriors thereof, and the posterity of said nations shall be forever barred.
"In witness whereof, The commissioner of the United States, the agents of the Companies aforesaid, and the sachems, chiefs and warriors of the respective Indian Nations aforesaid, have hereunto interchangeably fixed their seals and set their names.
"CHARLES JEWETT, [L. S.] "HENRY CHAMPION, [L. S.] "ISAAC MILLS, [L. S. ] "NEKIK, or LITTLE OTTER, [L. S] Here follows the names of the other sachems, etc., of the afore said Indian Tril es.
"In presence of WILLIAM DEAN, C. F. L. C., "J. B. MOWER. "JASPER PARISH.
"Now, be it known, That I, Thomas Jefferson, President of the United States of America, having seen and considered the said treaty. do, by and with the advice and consent of the Senate thereof, accept, ratify and confirm the same and every article and clause thereof.
"In testimony whereof, I have caused the seal of the United States to be hereunto affixed, and signed the same with my hand.
"Done at the City of Washington, the 25th day of January, A. D. one thousand eight hundred and six, and of the independence of the United States of America the thirtieth.
"TH: JEFFERSON. "By the President. "JAMES MADISON, Secretary of State.
"Recorded and examined by ISAAC MILLA, Clerk."
By virtue of this treaty, the title to all the lands of the Reserve which was not obtained by the treaty of Greenville, was perfected, and the Indians made no further attempt to assert ownership. The two com- panies agreed to pay the Indians, by reason of this relinquishment, sixteen thousand dollars, one fourth in cash, and the remainder in annual payments of two thousand dollars each, and a perpetual annuity of one hundred and seventy-five dollars, the interest at six per cent of two thousand nine hundred sixteen and sixty-seven hundredths dollars, which two sums were secured to the President of the United States by the companies. The consideration named in the treaty is made up from the two amounts above named, six- teen thousand dollars, and two thousand nine hun- dred and sixteen and sixty-seven hundredths dollars.
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HISTORY OF HURON AND ERIE COUNTIES, OHIO.
The Indians were the first owners of the soil, and were the last to relinquish their claims. The suffer- ers were deeply interested in the above treaty, for upon its successful termination depended their ability to possess and settle their lands.
CHAPTER V. THE SURVEY AND PARTITION.
The treaty referred to in the preceding chapter, was not ratified by the United States senate until January 25, 1806; still the Fire-lands Company felt so sure of its final ratification, that they authorized one of their number, Taylor Sherman, at a meeting held Novem- ber 1, 1805, to make an arrangement for the survey of the tract. In pursuance of the power thus vested in him, Mr. Sherman, on the 16th of December fol- lowing, closed a contract with John McLean and James Clark, of Danbury, Connecticut, to make the survey-these persons to employ Almon Ruggles, or some other competent surveyor, to do the work. The contract stipulated that the boundaries of the five hundred thousand acres should be ascertained and fixed, and that then the tract should be divided into townships five miles square, and each township sub- divided into four equal divisions. The price which the contractors were to receive was two dollars per mile, with an additional sum of fifty cents per mile should the survey prove to be entirely satisfactory. Care was taken to have the contract stipulate that all hills and mountains should be particularly described. The work was to be completed within one year, un- less delay should occur in the ratification of the treaty, or the labors of the surveyors interrupted or hindered by the Indians.
On account of unexpected delay, on the part of the United States, in running the south line of the Re- serve, the time for finishing the survey was extended to June 1, 1807.
On the 6th of February, 1806, it was agreed be- tween the Connecticut Land Company and the Fire- lands Company that the five hundred thousand acres granted the latter company should include the island in Sandusky bay (Johnson's Island), but not the waters of the bay itself.
The survey was begun in the spring of 1806. Fifty six miles of the base line of the Reserve, westward from Pennsylvania, was run in 1796, by Mr. Seth Pease, a surveyor in the employ of the United States, and Mr. Gallatin, secretary of the treasury, appointed him to run the remainder of the line, which he per- formed, commencing June 24, 1806, and starting at the terminus of the first line on the Tuscarawas. The southwest corner of the Reserve and Fire-lands was fixed at a distance of one hundred and twenty miles from the Pennsylvania line, and thereupon township and section lines were run, and the survey was com- pleted in about one year.
Although the base line was run on the true parallel
by Mr. Pease, yet an error had been made in starting, the point of beginning being too far to the westward, which carried the point of ending beyond the real western limit of the Reserve.
Amos Spafford, as agent for the Connecticut Land Company, made a survey in the interests of the com- pany in the year 1806, but his chain men purposely made the base line longer than it should have been, the object being to include more land in the Reserve than it was entitled to. Objections being made to Spafford's survey, the Connecticut Land Company employed Joshua Stow to run the line anew, which he did, establishing the southwest corner of the Re- serve a full half mile east of the point determined by the Spafford survey.
In 1808, the government having learned of the mis- take made by Mr. Pease, commissioned Mr. Maxfield Ludlow to run the base line of the Reserve anew, which was done, and the western terminus was found to be a trifle more than a mile east of that fixed by Mr. Pease's' survey. The Ludlow and the Stow sur- veys were in accord, and a post sunk in an almost impenetrable swamp was made to designate the south- west corner of the Fire lands and of the Reserve.
Almon Ruggles had made a division of the five hundred thousand acres into townships and sections, beginning at the southwestern terminus as established by Mr. Pease. After the Ludlow survey, this division had to be made anew, and Ruggles was again em- ployed. Beginning, in the year 1808, at the proper point as fixed by Ludlow, he ran east on the base line of the Reserve to such a probable point as that from which, if a line were run north to the lake parallel with the west line of the Reserve, the included area would be equivalent to five hundred thousand acres. It was extremely difficult to find this point, owing to the irregularity of the northern boundary caused by the trend of the lake. Mr. Schuyler, in his centennial address, says: "He fixed the southeast corner of the Fire-lands ou the Ludlow line twenty-eighty chains and sixty-eighty links west from the ninety-fourth mile post from the Pennsylvania line. The line ran from that point north four degrees forty seconds west to the lake to a point forty-three links east of a black oak tree marked J. Stow, on the east side, and A. R., on the west side, and standing near the bank of the lake, and near the first perpendicular bluff of rocks, east of the Vermillion river. On computation of the survey afterwards, it was found that the quantity of land so cut off was five hundred thousand and twenty-seven acres." The length of the land, from east to west, thus set off to the sufferers', is twenty- five miles, fifty-one chains, and thirty-two links. When the tract was surveyed into townships, the breadth of each, from east to west, was, therefore, about two-fifteenthis of a mile more than five miles.
PARTITION.
Joseph Wakeman, Isaac Mills, Taylor Sherman and William Eldridge were appointed a committee by the
24
HISTORY OF IIURON AND ERIE COUNTIES, OHIO.
.
directors of the Fire-lands Company, September 13, 1808. to devise a mode of partition of the lands. November 8, 1808, this committee submitted a some- what lengthy report, reciting first that Almon Rug- gles had completed his survey whereby the tract was divided into five ranges of townships from south to north, numbered the twentieth, twenty-first, twenty- second, twenty-third and twenty-fourth ranges. The report goes on to enumerate facts already given.
The townships in each range were numbered from south to north, the one adjoining the south line of the Reserve being number one, and were intended to be five miles square, except those adjoining Lake Erie, which were fractional.
The townships generally were further divided into four parts or sections, the southeast quarter being designated as section one; the northeast quarter as section two; the northwest quarter as section three, and the southwest quarter as section four.
In the twentieth range there are five townships about five miles square, and containing about sixteen thousand four hundred and eighty-one acres each, leaving between town five and Lake Erie a fraction containing twelve thousand and forty-nine acres. The twenty-first range also contains five towns of the same dimensions with a fraction on the north of six thousand five hundred and thirty acres. The twenty- second range, five towns and fraction of thirteen thousand seven hundred and sixty-six acres. The twenty-third range, six towns and fraction of two thousand seven hundred and eighty-three acres. The twenty-fourth range contains the same number of square towns, as the twenty-third range, with a fraction of three thousand two hundred and sixty- eight acres.
The peninsula lying north of Sandusky bay, con- tains sixteen thousand three hundred and twenty-one acres, and the island (Johnson's) adjacent thereto in said hay contains three hundred and twenty acres, the whole amounting to five hundred thousand and twenty-seven acres.
In order to equalize the fractions adjoining the lake, the following combinations were made:
To equalize town six in range twenty were added four thousand one hundred and twenty-three acres from the east part of the fraction in range twenty- one; this now forms Vermillion township in Erie county. The remaining fractional part of town six in range twenty-one, amounting to two thousand four hundred and seven acres, was added to town six in range twenty-two, and is now called Huron town- ship.
The peninsula and island in the bay were put to- gether not being considered as being equal to more than a township.
To section one, in town one of range twenty-four, (Richmond), were annexed seventeen hundred and eight-three acres off the east end of the fraction of two thousand seven hundred and eighty-three acres
lying between township six of the twenty-third range and Sandusky bay.
To section four of the same township, were added five hundred acres taken from the same fraction, and the remaining five hundred acres were annexed to section four of township one of the twenty-third range, (New Haven).
To section one of township six in the twenty-fourth range, were added four hundred acres off the east end of the fraction lying between said township and the bay. To section three of said township were added twenty-two hundred and sixty-eight acres taken from the same fraction, and the rest of it-six hun- dred acres-was added to the fourth section of the same township.
The peninsula and island were divided into four equal sections or quarters.
By using in this way sundry tracts for annexation purposes, the different townships were made equal in value in the opinion of the committee.
The mode of partition was ingenious and interest- ing. There were just thirty townships (equalized,) to be distributed. There being four sections to each township, there were one hundred and twenty sec- tions. The whole amount of loss was therefore divided into one hundred and twenty equal parts, each part representing one thousand three hundred and forty-four pounds seven shillings. This sum was therefore the value of each section or one-fourth of a township. One hundred and twenty tickets were prepared. On each ticket were written the names of various sufferers, classified in such a way that their losses aggregated one thousand three hundred and forty-four pounds seven shillings. Four of these tickets unmbered respectively one, two, three, four, representing five thousand three hundred and seventy- seven pounds eight shillings, equivalent to the value of a whole township, were taken and rolled up together, forming a package. In this way thirty packages were formed, or as many as there were townships. These thirty packages of classifica- tions were placed in a box, and in another box were placed thirty tickets, each containing the four sections of one township. Then some disinterested person drew from the box of township tickets, and some other disinterested person drew from the other box a package of classifications. The package was then opened, and the four tickets opened. Ticket number one corresponded to section number one; ticket two to section two; ticket three to section three, and ticket four to section four. The names on each of these tickets constituted the owners for each of these sections respectively. In like manner were all the other townships drawn, and each proprietor knew at once in which township and section his land was located. The draft was made November 9, 1808.
Names were given to the different townships, which, with the following exceptions, have not been changed to the present time.
25
HISTORY OF HURON AND ERIE COUNTIES, OHIO.
Jesup.
.since changed to Florence.
Canterbury .
" Hartland.
Eldridge
ยทยท Berlin.
Avery
44
" Peru.
Cannon.
" Richmond.
Patterson
" Margaretta.
Wheatsborough ..
" Lyme.
ROADS ESTABLISHED.
October 19, 1809, the directors ordered that a road be laid out and ent through Huron county, from north to south, passing from, or near the shore of Lake Erie, on the east side of Huron river, running thenee on the most suitable ronte until it strikes near the center of the north line of the township of Norwalk, and thence southward on a line as near the center of the other township as the ground will admit; that William Eldridge be appointed agent to canse the road to be laid out and ent, causewayed, logged and bridged in the best and most prudent way regard- ing the interest of the Fire-lands Company; to be ent and cleared off at least sixteen feet in width, and the stumps to be ent down smooth with the surface of the ground at least twelve feet in width. The sum of eight hundred dollars was appropriated for the work, the agent to receive no compensation for his services.
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