USA > Ohio > Pioneer history : being an account of the first examinations of the Ohio valley, and the early settlement of the Northwest territory ; chiefly from original manuscripts > Part 18
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"That the city near the confluence of the Ohio and Mus- kingum be called Marietta; that the directors write to his excellency, the Count Monstiers, informing him of their mo- tives in naming the city; and request his opinion whether it will be advisable to present to her majesty of France a public square." The name is an abbreviation of Marie Antoinette, the fair queen of France, a lady who had treated the minister of the young American republic, the venerable Franklin, when at the court of Louis XVI, with all the respect and kindness due to her own father; and who had done more to propitiate and enlist the feelings of the king
214
FOURTH OF JULY, 1788.
in favor of the Americans, than any other person, not except- ing even La Fayette. It was a natural gush of feeling in the hearts of these old officers, to remember with gratitude their kind benefactress, and to perpetuate her name by connecting it with their infant city. The veneration of the directors for the classics is discovered in the names they bestowed on some of the most prominent objects in the ruins of the ancient town. The smaller square was named " Capitolium," the larger one " Quadranaou," and the broad, graded road, with high embankments on each side, leading up from the river Mus- kingum to Quadranaou, was called " Sacra Via." The new garrison, with block houses at the corners, was named " Campus Martius," as if in anticipation of the Indian war which soon commenced, and continued for five years, during which period it was strictly a military camp. At this time a board of police was appointed for drafting a set of rules for the government of the settlement. It was composed of the directors, who were to lay the system before the propri- etors for their adoption.
These regulations for the government of the inhabitants at present, until Governor St. Clair and the judges of the court, two of whom by the way were also directors, could prepare a more perfect code, were written out and posted up on the smooth trunk of a large beech tree, near the mouth of the Muskingum, on the 4th of July, 1788. This day was duly celebrated, in the usual manner, by the firing of thirteen cannons from Fort Harmer, in the morning, and at evening. A sumptuous dinner was provided by the inhabi- tants, and eaten under a bowery which stretched along on the bank of the Muskingum. General Varnum, one of the judges, delivered an oration, which was the first political address ever made in what is now the state of Ohio. The officers of the garrison attended, and many patriotic toasts were drank. The table was supplied with venison, bear meat, buffalo, and roasted pigs, procured from Williams's settlement, with a variety of fish. Among the latter, was
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215
ARRIVAL OF GOVERNOR ST. CLAIR.
a pike, which weighed one hundred pounds, and when sus- pended from a pole from the shoulders of two tall men, its tail dragged on the ground. It was the largest ever taken in the Muskingnm by white men. Judge Gilbert Devoll and his son, Gilbert, caught it in the mouth of that stream, after a severe chase in a light canoe, being able to follow it by the wake of its course in the water. It soon became fatigued, and, running along side, was captured with a gig, or fish spear.
On the 9th day of July, Governor St. Clair arrived at Fort Harmer, escorted by a detachment of troops under Major Doughty, who had gone up to Pittsburgh some days before for that purpose. He was received with military honors, and a salute of fourteen guns. The 15th of July, as appears from the journal of Paul Fearing, was agreed on for his first appearance before the citizens of the territory. At five o'clock, P. M., he came over from Fort Harmer in the gov- ernment barge, escorted by the officers of the garrison, and the secretary, Winthrop Sargent, Esq. He was received in the bowery by General Putnam, the judges of the territory, and the principal inhabitants of the new colony. The secretary read the ordinance of Congress forming the north- west territory, the governor's commission, the judges', and his own. He was then congratulated on his welcome ar- rival at the seat of government by General Putnam, and three cheers closed the ceremonies of the day.
As these were the first commissions issued by Congress to the governor and judges of the new territory, and the journals of that period are accessible to but few, it may be proper to record them here as a portion of the early history of the colony.
Commission of the Governor.
" The United States in Congress assembled to Arthur St. Clair, Esq.
" We, reposing special trust and confidence in your
216
JUDGE'S COMMISSION.
integrity, prudence and ability, have constituted and ap- pointed, and by these presents do constitute and appoint, you, the said Arthur St. Clair, governor, in and over the territory of the United States of America, northwest of the river Ohio; and commander-in-chief of the militia therein; to order, rule, and govern the same, conformably to the or- dinance of the 13th July, 1787, entitled, " an ordinance for the government of the territory of the United States, north- west of the river Ohio," which is hereto affixed; and we do hereby give and grant to you, the said Arthur St. Clair, all the powers, authorities and prerogatives assigned to the governor of the said territory in and by the said ordinance. And we do strictly enjoin all persons to pay due obedience to this our commission. This commission to take effect from the 1st day of February, 1788, and to continue in force for the term of three years thereafter, unless sooner revoked by Congress. In testimony, &c."
Commission of one of the Judges.
" The United States in Congress assembled to Samuel Holden Parsons, Esq.
"We, reposing special trust and confidence in your wis- dom, uprightness and integrity, have constituted and ap- pointed, and by these presents do constitute and appoint, you, the said Samuel Holden Parsons, one of the judges in , and over the territory of the United States north-west of the river Ohio, with full power and authority, in conjunc- tion with one or more of the judges of the said territory, to form a court, with all the powers and authorities incident to a court having a common law jurisdiction, and to exer- cise all such powers, and perform and execute all the duties directed by the ordinance of the 13th July, 1787, entitled " an ordinance for the government of the territory north- west of the river Ohio," which is hereto affixed; giving to you, the said S. H. P., all the powers and authorities assigned to a judge of the said territory, in, and by the
217
NAMES OF JUDGES.
ordinance aforesaid; and we do enjoin all persons to pay due obedience to this our commission. This commission to continue and be in force, during good behavior, or during the existence of the government established by the ordi- nance aforesaid. You residing within the said territory. In testimony, &c."
The other two judges, were James Mitchel Varnum, from Philadelphia, and John Cleves Symmes, of New Jersey. Mr. Symmes had not arrived, but was expected on soon. Winthrop Sargent, secretary of the territory, was a native of Boston, but latterly a citizen of New Hampshire.
The judges who succeeded these in the territory, were S. H. Parsons and J. C. Symmes, re-appointed by the presi- dent, with the advice and consent of the senate, and William Barton, in place of J. M. Varnum, deceased, August 20th, 1789. In September, 1789, George Turner was appointed, Mr. Barton having declined the office. In March 31, 1790, General Rufus Putnam succeeded S. H. Parsons, deceased. Joseph Gilman was made a judge in place of General Put- nam, who had received the office of surveyor general United States lands, in December 22d, 1796 ; February 12th, 1798, R. J. Meigs, jr., in the place of G. Turner, resigned. The judges Symmes, Gilman and Meigs, were in office when the general assembly of the territory convened, in September, 1799. (Chase's Stat. of Ohio).
The first laws for the government of the territory were published by the governor and judges at Marietta. The more important of these early acts, were " a law regulating and establishing the militia," July 25th, 1788; also " a law for establishing general courts of quarter session of the peace (and therein of the powers of single justices), and for establishing county courts of common pleas (and therein of the powers of single judges, to hear and determine upon small debts and contracts); also, a law for the establishing the office of sheriff, and the appointment of sheriffs. The . court of quarter session was held four times in a year in
218
LAWS PROMULGATED.
each county, and was composed of the justices of the peace, nominated and commissioned by the governor. Not less than three, nor more than five of these justices, were especially named in a general commission, for holding the said courts of quarter session. Three of them might hold special courts when required, one of them being of the quorum. In the year 1790, the number of justices was in- creased to nine in a county, and it received authority to divide the counties into townships, to appoint constables, overseers of the poor, clerks of townships, and to establish public roads.
The county courts of common pleas were composed of not less than three nor more than five persons, commis- sioned by the governor, and authorized to hold and keep a court of record. This court convened twice a year, in each county, at the places where the quarter sessions were held. In 1790 the periods were increased to four in a year and the judges to seven. A sheriff was appointed by the gov- ernor for each county, who took the oath of allegiance to the United States, and of office, and gave a bond of four thou- sand dollars. He had ample authority to suppress riots, keep the peace, arrest criminals, &c. (Pub. Aug. 23, 1788.) A court of probate was established, composed of a single judge, for the settlement of estates, recording of wills, &c. This court was opened four times in a year, and oftener if necessary. (Pub. Aug. 30, 1788.)
" A law for fixing the terms of the general court.
" The general court, for the territory of the United States, north-west of the river Ohio, held four sessions in a year for civil and criminal suits, at such points in the territory as the judges deemed most conducive to the public good, they giving timely notice of their sitting. The periods were the first Mondays of February, May, October, and December. Process, both civil and criminal, could be returned to this court at any place in the territory, where they might be
219
THEIR EXCELLENCE.
convened. They were not obliged to hold more than one court a year, in any one county. (Pub. at Marietta, Aug. 30, 1788; Chase's Stat. of Ohio.)
The law respecting crimes and their punishment, publish- ed on the 6th of September, 1788, shows that the principles of justice, morality, and good order, were deeply impressed on the hearts and minds of the governor and judges. The section for the suppression and prevention of profanity, irreverent and obscene language, with the closing one for the sacred observance of the christian sabbath, are worthy of all praise, and the particular notice of modern law makers. In accordance with the usage of that period, the punishment for theft and minor offenses consisted of fines, whipping, confinement in the stocks, and binding out to hard labor for a limited time, where the offense had been often re- peated and the offender unable or refused to make restitu- tion. For this purpose every county was provided with a pillory, whipping-post, and stocks, in addition to the jail. These emblems of justice were continued in Marietta, as a terror to evil doers, as late as the year 1812, or until the period of the introduction of the present penitentiary system.
220
TREATY AT DUNCAN'S FALLS.
CHAPTER X.
Preparations for Treaty at Duncan's Falls. - Indians attack and kill some of the guard. - Treaty postponed. - Destruction of the game by the Indians. - First sermon preached in Marietta. - County of Washington established. - Boundaries. - Proposal to give lands to actual settlers .- Address to share- holders. - Progress of the colony in 1788. - Great crop of corn .- Descrip- tion of " Campus Martius," with a plate .- Public dinner to Gov. St. Clair. -Rev. Manassah Cutler preaches in "Campus Martius."-Character. - First court held in the territory .- Names of the judges. - Second court of quarter sessions. - Judges .- Names of grand jurors. - Griffin Green, a judge. - Jos. Gilman and R. Oliver .- First death. - Number of settlers in 1788. - Progress of the treaty. - Good feeling to the colonists. - Articles of the treaty. - Indians invited to a feast. - Transactions of the Ohio company. - Section twenty-nine. - Donation lands. - Regulations concerning them. - Early winter .- People suffer for provisions. - New road from Alexan- dria to Muskingum.
THE latter part of June, a party of thirty men, under the command of Lieutenant McDowel, of Fort Harmer, was sent up by water, with provisions and presents of goods to the falls of Muskingum, in preparation for the approaching trea- ty, which was expected to be held with the Indians on the arrival of Governor St. Clair. The place chosen for this trans- action is about sixty miles from the mouth, on the right bank of the river, where the town of Taylorsville now stands. They were ordered up by Colonel Harmer, to erect a council house, and build huts for the comfort of the men, and the security of the goods against the weather. This remote spot was selected by the Indians, in preference to Fort Harmer, as being nearer their own homes, a well known and favorite locality, and not under the influence of a military post. They had commenced assembling from the different tribes, especially in large numbers from the Dela- wares. Among them was a band of Chippewa, and other
221
TREATY POSTPONED.
Indians, outcasts from different tribes, amounting to about twenty. On the night of the 12th of July, these desperadoes crept slily around the tent containing the goods, and fired on the sentries, ten in number, with the intention of plundering them. By this discharge two men were killed, and one or two wounded. The sentries returned the fire, and the rest of the guard running to their assistance, the Indians retired without accomplishing their object. One of the assailants was killed, and one wounded. The same night they killed and scalped a mulatto man, servant to Major Duncan, a trader, who was waiting for the assembly of the tribes, with goods to barter for their skins and peltries.
The fall was soon after named " Duncan's Falls," which it retained until the slack-water improvement on the Musk- ingum obliterated the rapid at this place.
The next day, on examining the dead Indian, the Dela- wares pronounced him to be a Chippewa, and that they had no knowledge of, or concern in, the attack. As a test of their innocence, the Delawares came fearlessly into the camp, bringing with them their women and children. In addition, they seized upon six of the offending band, tied them with thongs, and handed them over to the command- ant of the troops, to be dealt with as they might deserve. They were brought down to Fort Harmer by the reinforce- ment which went up the next day, and kept in irons for some time, but were finally allowed to escape, either by design, or the carelessness of their guards. The large boat belong- ing to the Ohio company was sent up, and the goods, stores and troops transported to Fort Harmer.
This untoward event postponed the treaty for several months. The Indians, however, still continued to linger in the vicinity of the garrison, hunting and destroying all the deer and wild game within fifteen or twenty miles of Mari- etta ; stripping off the skins, and leaving the meat to rot and decay on the ground, or be eaten by the wolves, with the exception of the small quantity needed for their own use.
222
FIRST SERMON AT MARIETTA.
When questioned on their object in this destruction of the game, they answered, "To keep it from the white hunter." They considered all the wild animals as their own proper- ty, to which the new comers had no right. They often vi- sited the inhabitants, to trade their peltries for goods, to- bacco, and whisky. Captain Pipes, a noted chief of the Delawares, with several of their leading men, dined a num- ber of times with General Putnam, and expressed great friendship for their new neighbors. They, however, were not pleased with their building houses, clearing lands, and preparing for a permanent residence, until after the expec- ted treaty was made and signed. In answer, they were told that it was necessary to plant some corn for the support of their women and children, and that the lands they occu- pied were ceded to the United States, several years be- fore, as they well knew, at the treaty of Fort McIntosh.
At a council held among the tribes, after the affair at Duncan's Falls, the Ottawas and Chippewas were opposed to making any treaty ; but were for war, unless the whites would confine themselves to the south side of the Ohio river. The Delawares, and Indians of the Six Nations, told them that they should then fight their own battles in their conflict with the whites, for they would not assist them. Finally, on the 2d of August thirteen of their chief men came into the garrison on horseback, in proces- sion, bearing the flag of the United States, and pretending to be friendly, but it was only pretense. (Mass. Spy, Aug., 1788.)
On Sunday, the 20th of July, the Reverend William Breck, a New England man, and one of the Ohio company, delivered, on the banks of the Muskingum, the first sermon ever preached to white men in the present state of Ohio. The Moravian missionaries, and among them the venerable Heckewelder, had many years before, on the banks of the Tuscarawas, preached to the Delaware Indians. His text was from Exodus, xix chap., 5th and 6th verses -" Now
223
COUNTY OF WASHINGTON.
therefore, if ye will obey my voice indeed and keep my covenant, then ye shall be a peculiar treasure unto me above all people ; for all the earth is mine, and ye shall be unto me a kingdom of priests, and an holy nation."
The text was a very appropriate one to a people who were just beginning to lay the foundations of civil society in a wilderness land, encouraging them to the practice of holiness, truth, and justice ; with the promise that by so doing, God would especially bless them. This sermon was delivered in the hall of the north-west block house in Cam- pus Martius.
The first county organized in the territory was called Washington, in honor of the man who had done so much for his country. The order for its erection and boundaries is as follows :
" By his Excellency, Arthur St. Clair, Esq., Governor and Commander-in-chief of the territory of the United States, north-west of the river Ohio -
" A proclamation.
"To all persons to whom these presents shall come, greeting : Whereas, by the ordinance of Congress of the 13th of July, 1787, for the government of the territory of the United States north-west of the river Ohio, it is directed that for the due execution of process, civil and criminal, the governor shall make proper divisions of the said territory, and proceed from time to time, as circumstances may re- quire, to lay out the part of the same, where the Indian title has been extinguished, into counties and townships subject to future alterations as therein specified. Now, know ye, that it appearing to me to be necessary, for the purposes above mentioned, that a county should immedi- ately be laid out, I have ordained and ordered, and by these presents do ordain and order, that all and singular the lands lying and being within the following boundaries, viz :
224
BOUNDARIES OF WASHINGTON.
Beginning on the bank of the Ohio river, where the western boundary line of Pennsylvania crosses it, and running with that line to Lake Erie ; thence along the southern shore of the said lake to the mouth of the Cuyahoga river; thence up said river to the portage between that and the Tusca- rawas branch of the Muskingum; thence down the branch to the forks, at the crossing place above Fort Laurens ; thence with a line to be drawn westerly to the portage of that branch of the Big Miami, on which the fort stood that was taken by the French in 1752, until it meets the road from the lower Shawanese town to the Sandusky; thence south to the Scioto river; thence with that river to the mouth, and thence up the Ohio river to the place of begin- ning; shall be a county, and the same is hereby erected into a county, named and to be called hereafter the county of Washington ; and the said county of Washington shall have and enjoy all and singular, the jurisdiction, rights, liberties, privileges and immunities whatever to a county belonging and appertaining, and which any other county, that may hereafter be erected and laid out, shall or ought to enjoy, conformably to the ordinance of Congress before mentioned. In witness whereof, I have hereunto set my hand, and caused the seal of the territory to be affixed, this twenty-sixth day of July, in the thirteenth year of the In- dependence of the United States, and in the year of our Lord, one thousand seven hundred and eighty-eight.
A. ST. CLAIR." " (Signed,)
At a meeting of the directors and agents of the Ohio company, in July, the subject of encouraging persons, not members of the company, to settle in the new purchase, was brought up. Large numbers of emigrants were daily passing Marietta on their way to the new settlements in Kentucky and the region below, many of whom were de- sirous of remaining at this place, if they could get posses- sion of lands for farms ; but as the directors had no authority
225
PROGRESS OF THE COLONY.
either to sell or to give away the lands of the company, they were obliged to pass on to where their wants could be supplied. At this meeting a committee, consisting of Gen- eral Rufus Putnam, S. H. Parsons and Colonel Archibald Crary, was appointed to draft an address to the share hold- ers on this important matter. They say, "within twelve months, more than ten thousand emigrants have passed this place to Kentucky and other parts of the Ohio and Missis- sippi rivers ; upwards of seven thousand of which have gone down since we began our settlement. Much the greater part of these are not the owners of any lands in the coun- tries to which they have emigrated, but expect to become purchasers ; and we are confident very many of these would have become settlers on this purchase, if they could have had any encouragement to stay with us ; but under our present arrangements we have no lands to give or to sell. Many applications have been made to us on this subject, but we have not had the means of giving them satisfac- tion." "We are of opinion that giving a part of the lands to industrious people, on performing certain duties in settling, clearing, &c., will be very much for the interest of the pro- prietors." A meeting of the proprietors, by their agents, to consider of this subject, was appointed to be held at Mari- etta on the first Wednesday in December, 1788. The notice, or address, is dated August 17th.
In a letter from General Putnam to the printer of the Massachusetts Spy, dated at Marietta, October 22, 1788, we learn the progress of the colony during that summer. The city lots were ninety feet wide by one hundred and eighty in length, and with the streets and commons, covered a space extending one mile on the Ohio river, and one mile one hundred and twenty perches on the Muskingum.
A substantial bridge was built over the creek which falls into the Muskingum in the southern part of the city, called "Tyber creek." This bridge was twenty-five feet high,
15
226
GREAT CROP OF CORN.
ninety feet long, and twenty-four feet wide, covered with hewn plank, four inches thick. Three other bridges were also built over smaller streams ; which rendered the inter- course between the different portions of the city easy and pleasant. A road was cut through the forest from the mouth of Muskingum up to the spot selected for the site of Campus Martius." By the 5th of May the work in the woods necessary for making the plan of the eight acre lots was completed, and I made a proposition to the people in the company's employ, that as many as chose might go to clearing and planting on their own account, and make up the time after their present contract expired. To this pro- position many of them agreed, and began the same day to prepare lands for planting, by cutting away the small, and "girdling" the larger trees.
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