USA > Ohio > Hamilton County > Cincinnati > The Cincinnati miscellany, or, Antiquities of the West, and pioneer history and general and local statistics, Volume I > Part 11
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The following ancedote relating to the same individual is not so generally known. It may be found in a well attested note to page 122 of Bisset's continuation of history, vol. II.
Col. Ferguson of the British army, who lay with part of his riflemen on the skirts of a wood in front of Gen. Knyphausen's division, writing to his brother Dr. A. Ferguson, the day after the battle at Brandywine creek, states, "We had not lain long when a rebel officer, remarkable by a hussar dress, passed towards our army, within a hundred yards of my right flank, not perceiving us. He was followed by another dressed in dark green and blue, mounted on a good bay horse, with a remarkably large high cocked hat. I ordered three good shots to steal near to them and fire at them, but the idea dis- gusted me; and I recalled the order. The hus- sar in returning made a circuit, but the other passed within a hundred yards of us ; upon which I advanced from the wood towards him. Upon my calling, he stopped, but after looking at me, proceeded. I again drew his attention, and made a sign to him to stop, leveling my piece at him ; but he slowly continued his way. As I was within that distance at which, in the quickest firing, I could have lodged half a doz- en balls in or about him, before he was ont el my reach ; I had only to determine, but it was not pleasant to fire at the back of an unoffend ing individual, who was acquitting himself ve- ry coolly of his duty ; so 1 let him alone. The day after, I had been telling this to some wound- ed officers who lay in the same room with me, when one of our surgeons, who had been dress-
ing the wounded rebel officers, came in and tolc. us, that they had been informing him, that Gen. Washington was all morning with the light troops, and only attended by a French officer in a hussar dress, he himself dressed and mounted in every point as above described. I am not sor- ry that I did not know at the time whe it was.
The Pardoning Power.
It must be obvious. that the power originally given to the highest authority, to protect the in- nocent merely, has under a variety of influ- ences, bccome perverted to the injury of the public interest and is tending rapidly to jeopar- dize the public safety. It becomes then time for the community to interpose and insist that the power should be exercised only in its legiti- mate department, and no longer be made the means of returning to the bosom of society, in many cases, directly after their conviction of the basest or most flagitious crimes-the scoun- drels, who in the face of legal ingenuity, diffi- culty of proving what every body knows to be true, and the false sympathies of juries have been sent at length to the Penitentiary where they should long since have been immured.
Acting Governor Bartley introduced a rule no doubt with the best of motives which I think increases the evil he proposed to remedy,-the facility with which persons convicted of crimes obtain through their friends signatures to pe- tuions for pardons. He required publie notice to be given in every case, that such application would be made, calculating probably that when the case chid not deserve a favorable hearing that the community would exert themselves to de- feat it. But this was not placing the subject in its proper attitude. There is an active interest enlisted on behalf of the couviet, while the pub- lic welfare remains in the neglected province of every body's business.
I agitate this subject now that we have a new Governor under whose administration I trust that a convict who has had a fair trial and all the evidence in his favor present which exists, will be made to serve out the period for which he was sentenced, and as we have no right to expose our Governor to influences which we our- selves can hardly withstand, let the legislature pass a law by which the signers to a petition for the pardon of a convict shall be held an- swerable for his future good behaviour in the penalty ot one thousand dollars, to be collected from any of the signers. I guarantee that respon- sible men will become more careful under such circumstances what they sign
Another abuse connected with this subject, is a practice prevalent at Columbus, perhaps else- where, of the Governor pardoning a convict, a few days prior to the expiration of his sentence, so as to restore him to the rights of citizenship. I
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hotd this, if possible, deserving still greater cen- sure than the abuse of which I have been al- ready complaining. If the law disfranchises a man for crime, by what moral right does the Governor cvade its requirements. Is he not sworn to execute and support the laws? And are we who have borne unblemished charac- ters, willing to go to the polls, it may be, along side of individuals of this description and find our right of suffrage neutralized and nullified by such scoundrels. I feel at the moment of writing this, almost the same degree of indig- nation which made my blood boil on steing an infamous counterfeiter deposite his vote along side of mine at the Sixth Ward on Friday last, and I now say what every friend to good order in society should say with me, that no candid- ate for Governor shall receive my support here- after who does not pledge himself to set his face against these abuses.
The following narrative which I derived from Governor Corwin himself, in reply to my asking him how he could justify it to his conscience, to let loose on society such fellows as he had lately pardoned, from Cincinnati, sheds light on the whole subject. You do not know, said the Gov- ernor, how far the community arc to blame rath- er than the executive. I will give you an in- stance. Not long since, a man was convicted of arson in B ...... county, and sent to the peniten- tiary. In a few days a petition for pardon came on, setting forth that there was great reason to doubt the man's guilt, that it was believed that an alibi, could be substantiated in the case, and various other reasons urged to induce the ex- ercise of official clemency. The petition was signed by the Judges, members of the bar, county commissioners, and respectable citizens at large. The very jury which convicted him, and the prosecuting attorney who officiated at the trial, signed it. It appeared a clear case. But I had been so often imposed upon, or at- tempted to be, that I paused to reflect. What is your name ? said I to the bearer. He gave it, and I knew it to be that of one of the most respectable citizens of the county. I glanced over the signatures ; why is not your name to the petition ? He replied that he did not know the facts in the case to be as stated; and on further conversation, admitted that he did not believe the statement. Very well, I shall have inquiries made upon this subject on the spot, before I in- terfere. I did so, and to my ntter astonishment ascertained that the whole affair, was thus man- aged to get the county clear of the expense of supporting the convict.
I wrote such a letter as the case deserved to such of the parties as I knew, and recommended to the prosecuting attorney, to resign his office. What a mockery of justice do such scenes pre-
sent. Is it any wonder that the community often of late years, takes the law into its own hands.
Winter's Chemical Diorama.
Our townsman, R. WINTER has returned from the Easy, with his chemical pictures, which he has been exhibiting for the last thirteen months, in Boston, New York, and Baltimore. with distin- guished success. He is now among his early friends, who feel proud that the defiance to pro- duce such pictures as Daguerre's, which was publicly made by Maffei and Lonati, who ex- hibited them here, was taken up, aad success- fully accomplished by a Cincinnati artist.
Nothing can be more perfect than the agency of light and shade, to give life and vraisem- blance to these pictures. They are four in num- ber. The Milan Cathedral, at Midnight Mass. The Church of the Holy Sepulchre, at Jerusa- Iem. Belshazzar's Feast, and the Destruction of Babylon. These are all fine, each having its appropriate excellencies, but the rich, yet harmonious coloring in the two last, has an in- comparable effect, which must strike every ob- server. But the pen cannot adequately describe the triumphs of the pencil, the eye alone must be the judge.
Exhibition on Fourth, below Main Street, Miller's buildings.
Early Jails, &c.
The great range of power lodged in the hands of Territorial Governors, and which St. Clair, from his millitary habits and personal character, was disposed to stretch to its full extent, the kindred influence which a garrison stationed here, with a force originally outnumbering great- ly the settlers, naturally had upon the whole community, and the difficulty if not impossibil- ity of obtaining redress elsewhere, for abuses or authority committed here, all, naturally led to many irregular and summary proceedings, in the early days of Cincinnati.
As a Gallows stood in 1795, on Walnut below Fifth street, the presumption is, that it had not unfrequently been made use of, although there is little pioneer lore on this subject, and its vic- tims must have been distinct from the military corps, in which deserters are shot, not hung .- But in those days, the gallows, the pillory, and the whipping post, were appendages of civilized society, two of them in the further advance of civilization driven out of existence, and the third in a rapid process of extinction. Several of our citizens survive, who have witnessed not only these structures, but also the administration of justice under their operation. Jonah Martin, while a youth, was present when Sheriff Goforth inflicted the "forty stripes save one," upon a wo- man convicted of setting fire to haystacks, and
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Mr. Samuel Stitt, witnessed the same punish- ment applied to another woman guilty of theft, by the hands of Levi M'Clean, the deputy Sher- iff and jailor at that time. It must not be in- ferred, however, that the infliction was as severe as it appeared to bo. Goforth was a man of great humanity, and even M'Clean, although jailor, pound keeper, butcher, and constable, four hard hearted avocations, played on the fiddle and taught singing school.
Men are not steel, but steel is bent, Men are not flints, even flint is rent, And Levi, unless his prisoners rebeled on his hands, or he had himself taken a glass too much, in which case he would turn in and take a flog- ging frolic among his pets, without making much distinction between debtors and criminals, was rather a good natured fellow, than otherwise.
The first jail here was built early in 1793, and as every thing else in the early days of Cin- cinnati, was located to accommodate the conven- ience of the bottom interest. It was, therefore, built upon Water street, west of Main street. Although a mere log cabin, of a story and a half in height, and probably sixteen feet square, the ground in its neighborhood being cleared out, it was distinctly visible from the river. Small as it was, it was amply large enough to accom- modate the prisoners, most of whom were in for debt. Neither were its inmates kept strictly within its limits, or even those of the yard adja- cent, the prisoners visiting around the neighbor- hood throughout the day, taking care to return in time to be locked up at night, and on the ap- proach of the Sheriff, scampering home in a great fright, like so many rats to their holes.
This was the Jail referred to in the following letter of Judge Symmes to Wm. McMillan, Esq., now published for the first time :
NORTH BEND, Dec. 28th, 1792.
Dear Sir;
I hope, that by this time the jail is MR. EDITOR : begun and going on briskly. I hear that the people of Cincinnati are voting on this ques- tion -- whether the jail shall be built on the first bottom or the second bank ? If you will allow us at North Bend to vote also, our voice is for the second bank most decidedly. Our reasons are -- the ground will be had much cheaper- fuel will be had easier and at less expense-the situation will be more elevated and healthy, in addition to its more magnificent appearance- the soil is much more dry-the prisoners will at no time be drowned in a fresh like pigs in a sty Society is already too prone to hold the mar- riage tie too lightly, and inconsiderate en- gagements are, doubtless, encouraged by the facility with which divorces are dispensed from our courts, and even by our Legislature, in face of the Constitution, which says that no law shall -a great expense will be saved in carting the timber -- it is or soon will be more in the centre of the town. It will be more convenient than Cincinnati for the people of the other villages in the county. Water may be had by digging a well which ought to be within the libertiesf be passed impairing the obligation of contracts.
of the prison, and if it stood on the banks of the Ohio, a well will be necessary that privileged prisoners for debt allowed the liberty, might draw for themselves. But, if interested motives are to direct our votes, the inhabitants of North Bend vote that the prison be built on Congress green,* a most elegant situation.
Sir, your most obd't servant. JOHN CLEVES SYMMES. WM, McMILLEN, Esq.
As greater space became requisite for im- muring within the walls of a jail that increase of prisoners which kept pace with the increase of the town, a new jail of hewed logs and lapt- shingle toof, two stories high, and larger than its predecessor, was erected within less than two years, at the S. E. corner of Walnut and Sixth street, on the lot now occupied by an apothecary store. Its size was 15 by 20 feet. Late in 1795, the building was moved with 8 yoke of oxen, by the public teams in charge of Captain John Thorp, quarter-master in the public service, as_ sisted by Mr. John Richardson, to the lot at the corner of Church Alley and Walnut street, now in the tenancy of H. & J. Koch, tailors. It was from this "dungeon keep" that the following pa- thetic notice issued, being published in the "Cincinnati Spy," of November 4, 1799:
' Those indebted to Dr. Ilimes, are desired to remit the sums due -- he being confined to jail deprives him of the pleasure of calling personally on his friends-they will therefore oblige their unfortunate friend, by complying with this re- quest without loss of time. Hamilton county prison, Oct. 29th, 1799."
* The public ground in front of the village of North Bend,
I am indebted to a correspondent, who is ob- viously a professional man for the following re- buke. I sit corrected.
Your paper has recently contained an editori- al remark, under the head of Marriage Licen- ces, in which you tell a story of a groomsman who would have got married himself, under the influence of the moment, if he had had a li- cense. And from your closing remark about it, that here were congenial spirits prevented from a union of bliss, because the law interposed a delay and an expense for a marriage license,ma- ny persons may suppose you were serious in reprehending the law as an evil and a burden.
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If it is in seriousness you ask, what right has society to interpose even the slightest obstacle in the shape of expense or delay, to the estab- lishment of that relation on which its whole well-being depends? I would as seriously an- swer, that the well-being of society, gives an un- doubted right to prescribe all salutary regula- tions, on every matter connected with that well- being. It is of moment to society that marria- ges shall not be made without consideration; and it is of moment to the parties, that a ready and cheap mode of proving their marriage, should exist. For the sum of seventy-five cents, the Clerk issues the marriage license, and makes a record of the marriage, a certificate of which, the person solemnizing it, is bound to return to him within three months. Proof of actual mar- riage is often needed in connection with the rights of property, and that proof is thus fur- nished with certainty and cheapness. If your groomsman, in a fit of excitement, would have committed matrimony, with a kindred lunatic, and on the morrow's morn, the delusion was so far spent, as to leave no desire of renewing the perpetration, they might well thank the "law's delay," as a benign rescue from a life of wretch- edness.
So, Mr. Editor, I think you ought not to speak lightly in your columns, on such sober matters, for many persons may misunderstand you, and be misled by your respectable author- ity. VINCTUS.
October 31st, 1844.
Early Conveyances.
The following, together with that great para- mount title, undisturbed possession for twenty- one years, is the right by which is held property of great value here, 100 feet by 200, compre- hending Luck's tavern scite, and that of the two frames on the north upon Sycamore, between Third and Fourth Streets, and running west to Mayor's Alley, in the centre of the block. Of so little value was it considered fifty years ago, that the assignment from Cook does not even specify the assignee.
Know all men, by these presents, that I, Jon- athan Fitts, do hereby bind myself, my heirs, &c., to hold and defend to Peyton Cook, my right, title, and claim to a town lot, in Cincinnati, viz : No. 61. The right of said lot to said Fitts have, by these presents vested in said Cook . for value re- ceived, this 28th August.
JONATHAN FITTS.
Test.
John Vance, (Endorsed,)
I do hereby assign my right and title to the within said lot, for value received, as witness my hand and seal, this 25th Jan., 1791. Testas. PEYTON COOK.
B. Brown.
Relic of the Past. Capt. Jno. Armstrong to Gen. James Wilkinson. FT. HAMILTON, 13th July, 1792. 10 o'cl'k.
Dear General-Capt. Barbee, is this moment arrived. The packet accompanying this will no doubt, inform you of every particular from the advanced posts, the loss of all the cattle from Ft. Jefferson, &c.
One man taken prisoner on the 19th October, 1791, belonging to the detachment of Federal troops, then under my command, and one taken the 4th November, 1792, in Gen. St. Clair's de- fcat, are also here. They made their escape from an Indian village, 50 miles above the Mi- ami, on the St. Joseph's, passed that village the second day, and on the morning of the third, reached Fort Jefferson. They came through the field or place where our army was defeated, and say that their different Flags from us have been received at the Auglaize river, and the messen- gers were then tomahawked -- that the last was a Captain -- poor Truman.
I expect all my hay will be in stack to-mor- row. All is well here.
Sketch of the Life of John Bush.
John Bush was born in Winchester, Virginia, on the 21st of March, 1767. His father, Philip Bush, was a Captain under the then Col. George Washington, at the time he capitulated to the French and Indians, at the Little Meadows, in which campaign he imbibed a great dislike to tee French, which accounts somewhat for an anecdote which occurred at his tavern, in Win- chester, in 1797. The present King of France, Louis Phillippe was, during the winter of that year, with his brother, &c., incognito, He call- ed 'at Bush's house and ordered a room and din- ner. He was shown into the dining room .-- When dinner was announced, it was found he had secured the doors to prevent intrusion, and had of course shut out the boarders. Upon an explanation being demanded, he declared him- self and company to be gentlemen, who wished to dine by themselves. He was told by Mr. Bush that none but gentlemen dined at his house, and that for his insolence he must seek other quar- ters. His horse was ordered, his baggage pro- duced, and he was obliged to leave the house.
This anecdote was published in the papers of the day. In 1788, John Bush (as did many of the enterprising and chivalrous sons of Virginia) came to the bloody ground to make it his perma- nent home, and lived in the family of Col. Tho- mas Marshall, of Fayette, now Woodford coun- ty. He was engaged in many of the dangerous scouting parties that went in pursuit of the ma- rauding Indians, and once in a company of only | four, two of which were sons of Col. Marshall.
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He volunteered in the expedition of Gen. Har- [ flank ; but, in ascending a small rise, he met 50 mar, in 1789,, crossed the river at Cincinnati, and marched to Fort Wayne-volunteered in the army, and went with the troops engaged in both days' battles with the Indians. On the first day. he commanded an advanced guard of 20 men, with orders by Major Fountaine, to charge any body of Indians the spies might discover and fire upon. He asked the Major what he was to do if he came upon a large body of Indians. Foun- taine demanded to know if he was afraid ? No, Sir, I am not afraid, but wish to know my duty, was the reply. Well, Sir, if you fall upon 10,- 000 Indians, it is your duty to charge through them and form at their backs. The detachment, as is known, were drawn into ambuscade and defeated, and about one-third, including many of the best spies and soldiers, were killed. Af- ter the Indian town had been burned, Harmar's army commenced its usual march for the settle- ment and encamped about 6 miles off. Col. Hardin solicited permission to return to the town with another detachment and surprise the In- dians, which being granted, volunteers were a- gain called for, excusing those who had been in the first day's engagement. Maj. Fountaine went to Bush and requested him to go. He a- greed, provided they would get him a very fine horse, belonging to one Nelson, which being procured, he marched with Harmar and reached the town just before day. The detachment divided into two parties, Bush with that of Cols. Hall, McMullen, and Fountaine. When it be- came light enough to see, a number of Indians were discovered some fifty or an hundred yards in advance. Fountaine, as Bush thinks, with- out giving the word charge, in his eagerness, charged alone, and was shot, and fell from his horse. The Lieutenant of the troops advanced and ordered the charge, but was followed by only four men, Bush, Titns Mershon, and two named Moore. When reaching the place where Fountaine lay. they were fired on by the Indi- ans, and all wounded but the Lieutenant. Bush had his sword knocked out of his hand. and a ball grazed his cheek and cut off part of his queue. They then returned; but a reinforce- ment coming up, the Indians gave way, and many of them were killed in crossing the St. Joseph. They were followed by the horsemen. On reaching the opposite bank, Bush saw an In- dian leave the rest, which he followed and took prisoner; some of the troop coming up they cut him down beside Bush's horse. He cursed the fellow for a coward, and turned his horse and rode towards the firing that had commenced un- der Cols. Hardin and Willis. Upon coming in sight, he found himself in the rear of the In- diane, and Hardin's troops firing directly towards him. He then tried to turn them on the right
Jor 60 Indians, who halted & fired at him just as he turned his horse, the ball passing through his coat, He then attempted to pass on the left, but found the Indian flank reached to the river. His next effort was to retreat to the rear, where he soon inet several horsemen, who told him there was a body of Indian horsemen approaching in thatdirection -they having, as he since suppos- ed, become alarmed at seeing some of their own men .-- He now determined to charge through the Indian lines and join Hardin, which he ac- complished in safety, followed by his few asso- ciates. On passing the Indian town he saw a very large Indian behind a tree. and prepared to strike him with his sword, but, the Indian, turning the tree just at the moment, saved him- self. Hardin's men were begining to give way, but seeing the men charge through the Indians, they rallied and fired again, but were soon com- pelled to retreat. During the retreat the horse- men were directed to ride as far as they could with safety to the rear and bring up the men that were going out.
At one time during this dangerous employ- ment, Bush got mired in a swamp, with a man behind him. He made the man get off, but not being able to extricate the horse, he got off hin- self, and remained trying to get him out till two Indians came up and took the man prisoner .- He then sprang out of the swamp and was fired at by the Indians, which alarmed the horse so that he cleared the swamp and was regained and mounted.
On his return to Fort Washington, he crossed the river to the Kentucky side, now Covington, and passed the night there. In the course of the night, his horse was stolen. Next morning he re-crossed the river, reported his horse as lost, returned and walked to Georgetown the same day. A few years alter, he married the daugh- ter of John Craig, the Commandant of Bryant's Station.
In 1794, he settled in the bottom opposite Gen. Harrison's future log cabin residence at North Bend, with whom he was on terms of intimacy, as early as '97, and for whom he had always in- terchanged an unchangeable friendship.
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