USA > Ohio > Clark County > The history of Clark County, Ohio, containing a history of the county; its cities, towns, etc.; general and local statistics; portraits of early settlers and prominent men, V. 1 > Part 21
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Washington
109.190
France.
36,469,800
1866
204.091
178.7
Paris.
1,825,300
Austria and Hungary.
35,904,400
1869
240.343
149.4
Vienna
833,900
Japan. ..
34,785,300
1871
14,599
232.8
Yeddo.
1,554,900
Great Britain and Ireland
1871
121,315
262.3
. London
3,251,800
German Empire
1871
160,207
187.
Berlin
825.400
Italy
27,439,921
1871
118,847
230.9
Rome
244.484
Spain
16,542.600
1867
195,775
85.
Madrid
332.000
Brazil.
10,000.000
3,253,029
3.07
Rio Janeiro.
420.000
Turkey
10,463,000
24.4
Constantinople
1,075,000
Mexico.
9.173,000
1869
761,526
Mexico
210.300
5,921,500
1870
292.871
20.
Stockholm.
136,900
5,000.000
1370
635.964
7.8
Teheran.
120,000
Belgium
5,021,300
1569
11,373
441.5
Brussels
314.100
Bavaria ..
4,861,400
1871
29,232
165.9
Munich
169,500
Portugal.
3,995,200
34,494
115.8
Lisboa.
224,063
Holland.
3,698.300
1570
12,680
Hague ..
90,100
3,000,000
357,157
8.4
Bogota ..
45,000
Chili
2,000.000
1869
132,616
Santiago.
115.400
Switzerland.
2,669,100
1870
15,992
Berne.
36,000
Peru
2,500,000
1871
5.3
Lima ..
160,100
Bolivia.
2,000,000
497,321
Chuquisaca ..
25,000
Wurtemburg
1,818.500
1871
7,533
Stuttgart
91,500
Denmark ..
1,784.700
1870
14.753
Copenhagen
Caraccas
47,000
Baden ...
1,461,400
1871
5,912
247.
Carlsruhe.
36,600
Greece.
1,457.900
1870
19,353
75.3
Athens ..
43,400
Guatemala
1,180,000
1871
40,879
08.9
40,000
Ecuador ..
1,300,000
218,923
Quito
48,000
Hesse
823, 198
2,969
Darmstadt
30,000
Liberia
718,000
9,576
74.9
Monrovia
3,000
San Salvador.
600.000
1871
7.335
81.8
Sad Salvador
15,000
Hayti .....
572,000
10,205
56.
Port au Prince.
20,000
Nicaragua.
350,000
1871
58,171
6.
Managua.
10,000
Uruguay.
300,000*
1871
66.722
6.5
Monte Video.
44.500
Honduras
350,000
1571
17,09:
Comayagua .
12.000
San Domingo
136,000
17,827
7.6
San Domingo.
20,000
Costa Rica ..
165.000
21,505
7.7
San Jose ..
2,000
Hawaif.
6.950
7.633
80.
Honolulu
7.633
1,650,037
1,073,362| 3,529
Kentucky
37.000
1,321,011
1,613,106)
1,123
Territories.
Wyoming.
5931
Total Territories
860,482
402,866
783,371
New Jersey.
8,320;
9.6.0015
452,433
828
93,107
9.118
20,798
Nebraska ..
75,995
123,903: 42,491
62,2651
9 0
Utah.
80,056
86,756
113,906
Mississippi.
47.156!
1.131.592
New Hampshire ..
31,817,100 29,906.092
672.621
Sweden and Norway. Persia ..
1868
New Grenada.
1870
871,848
0.1
Buenos Ayres.
177.800
Venezuela.
1,500,000
363,238
4.2
Guatemala
70,000
Paraguay.
1,000.000
1871
63,787
15.6
Asuncion ..
277.
Argentine Republic.
1,812,000
1869
241.4
120.9
162.012
290.9
15.1
166.9
471.838
4.
5.9
POPULATION.
Miles R.K.
1870
1850
1.6006
1
Iowa
55,045
204
HISTORY OF THE STATE OF OHIO.
COMMENTS UPON THE ORDINANCE OF 1787, FROM THE STATUTES OF OHIO, EDITED BY SALMON P. CHASE, AND PUB- LISHED IN THE YEAR 1833.
[It would be difficult to find a more comprehensive review of the founda- tions of our system of laws than is given in the "Preliminary Sketch of the History of Ohio," by this distinguished representative of the bench and the bar of America. The work is now out of print, and is not easily obtained; besides, its great author has passed away; so these extracts are made more with a view of preserving old historical literature, than of introducing new; furthermore, the masses of the people have never had convenient access to the volumes, which, for the most part, have been in the hands of professional men only. The publication of the work first brought its compiler before the public, and marked the beginning of that career which, during its course, shaped the financial system of our country, and ended upon the Supreme Bench of the nation.]
By the ordinance of 1785, Congress had executed in part the great national trust confided to it, by providing for the disposal of the public lands for the common good, and by prescribing the manner and terms of sale. By that of 1787, provision was made for successive forms of Territorial government, adapted to successive steps of advancement in the settlement of the Western country. It comprehended an intelligible system of law on the descent and conveyance of real property, and the transfer of personal goods. It also con- tained five articles of compact between the original States, and the people and States of the Territory, establishing certain great fundamental principles of governmental duty and private right, as the basis of all future constitutions and legislation, unalterable and indestructible, except by that final and common ruin, which, as it has overtaken all former systems of human polity, may yet overwhelm our American union. Never, probably, in the history of the world, did a measure of legislation so accurately fulfill, and yet so mightily exceed the anticipations of the legislators. The ordinance has been well described, as having been a pillar of cloud by day and of fire by night, in the settlement and government of the Northwestern States. When the settlers went into the wilderness, they found the law already there. It was impressed upon the seil itself, while it yet bore up nothing but the forest. The purchaser of land became, by that act, a party to the compact, and bound by its perpetual cove- nants, so far as its conditions did not conflict with the terms of the cessions of the States.
* * it *
This remarkable instrument was the last gift of the Congress of the old confederation to the country, and it was a fit consummation of their glorious
-
Thomas Miles
(DECEASED) GREEN TP.
205-206
207
HISTORY OF THE STATE OF OHIO.
labors. At the time of its promulgation, the Federal Constitution was under discussion in the convention; and in a few months, upon the organization of the new national government, that Congress was dissolved, never again to re-as- semble. Some, and indeed most of the principles established by the articles of compact are to be found in the plan of 1784, and in the various English and American bills of rights. Others, however, and these not the least important, are original. Of this number are the clauses in relation to contracts, to slavery and to Indians. On the whole, these articles contain what they profess to con- tain, the true theory of American liberty. The great principles promulgated by it are wholly and purely American. They are indeed the genuine princi- ples of freedom, unadulterated by that compromise with circumstances, the effects of which are visible in the constitution and history of the Union.
* * * *
The first form of civil government, provided by the ordinance, was now formally established within the Territory. Under this form, the people had no concern in the business of government. The Governor and Judges derived their appointments at first from Congress, and after the adoption of the Fed- eral Constitution, from the President. The commission of the former officer was for the term of three years, unless sooner revoked ; those of the latter were during good behavior. It was required that the Governor should reside within the Territory, and possess a freehold estate there, in one thousand acres of land. He had authority to appoint all officers of militia, below the rank of Generals, and all magistrates and civil officers, except the Judges and the Secretary of the Territory; to establish convenient divisions of the whole dis- trict for the execution of progress, to lay out those parts to which the Indian titles might be extinguished into counties and townships. The Judges, or any two of them, constituted a court with common law jurisdiction. It was neces- sary that each Judge should possess a freehold estate in the territory of five hundred acres. The whole legislative power which, however, extended only to the adoption of such laws of the original States as might be suited to the cir- cumstances of the country, was vested in the Governor and Judges. The laws adopted were to continue in force, unless disapproved by Congress, until re- pealed by the Legislature, which was afterward to be organized. It was the duty of the Secretary to preserve all acts and laws, public records and executive proceedings, and to transmit authentic copies to the Secretary of Congress every six months.
Such was the first government devised for the Northwestern Territory. It is obvious that its character, as beneficent or oppressive, depended entirely upon the temper and disposition of those who administrated it. All power, legisla- tive, judicial and executive, was concentrated in the Governor and Judges, and in its exercise they were responsible only to the distant Federal head. The expenses of the Government were defrayed in part by the United States, but were principally drawn from the pockets of the people in the shape of fees.
A
208
HISTORY OF THE STATE OF OHIO.
This temporary system, however unfriendly as it seems to liberty, was, perhaps, so established upon sufficient reasons. The Federal Constitution had not then been adopted, and there were strong apprehensions that the people of the Territory might not be disposed to organize States and apply for admission into the Union. It was, therefore, a matter of policy so to frame the Territorial system as to create some strong motives to draw them into the Union, as States, in due time.
The first acts of Territorial legislation were passed at Marietta, then the only American settlement northwest of the Ohio. The Governor and Judges did not strictly confine themselves within the limits of their legislative author- ity, as prescribed by the ordinance. When they could not find laws of the original States suited to the condition of the country, they supplied the want by enactments of their own. The earliest laws, from 1788 to 1795, were all thus enacted. The laws of 1788 provided for the organization of the militia; for the establishment of inferior courts; for the punishment of crimes, and for the limitations of actions; prescribed the duties of ministerial officers; regu- lated marriages, and appointed oaths of office. That the Governor and Judges in the enactment of these laws, exceeded their authority, without the slightest disposition to abuse it, may be inferred from the fact that except two, which had been previously repealed, they were all confirmed by the first Territorial Legislature.
At this period there was no seat of government, properly called. The Governor resided at Cincinnati, but laws were passed whenever they seemed to be needed, and promulgated at any place where the Territorial legislators hap- pened to be assembled. Before the year of 1795, no laws were, strictly speak- ing, adopted. Most of them were framed by the Governor and Judges to answer particular public ends; while in the enactmant of others, including all the laws of 1792, the Secretary of the Territory discharged, under the author- ity. of an act of Congress, the functions of the Governor. The earliest laws, as has been already stated, were published at Marietta. Of the remainder, a few were published at Vincennes, and the rest at Cincinnati.
In the year 1789, the first Congress passed an act recognizing the binding force of the ordinance of 1787, and adapting its provisions to the Federal Con- stitution. This act provided that the communications directed in the ordinance to be made to Congress or its officers, by the Governor, should thenceforth be made to the President, and that the authority to appoint with the consent of the Senate, and commission officers, before that time appointed and commis- sioned by Congress, should -likewise be vested in that officer. It also gave the Territorial Secretary the power already mentioned. of acting in certain cases, in the place of the Governor. In 1792, Congress passed another act giving to the Governor and Judges authority to repeal, at their discretion, the laws by
209
HISTORY OF THE STATE OF OHIO.
them made; and enabling a single Judge of the general court, in the absence of his brethren, to hold the terms.
At this time the Judges appointed by the national Executive constituted the Supreme Court of the Territory. They were commissioned during good behavior; and their judicial jurisdiction extended over the whole region north- west of the Ohio. The court, thus constituted, was fixed at no certain place, and its process, civil and criminal, was returnable wheresoever it might be in the Territory. Inferior to this court were the County Courts of Common Pleas, and the General Quarter Sessions of the Peace. The former consisted of any number of Judges, not less than three nor more than seven, and had a general common-law jurisdiction, concurrent, in the respective counties, with that of the Supreme Court; the latter consisted of a number of Justices for each county, to be determined by the Governor, who were required to hold three terms in every year, and had a limited criminal jurisdiction. Single Judges of the Common Pleas, and single Justices of the Quarter Sessions, were also clothed with certain civil and criminal powers to be exercised out of court. Besides these courts, each county had a Judge of Probate, clothed with the ordinary jurisdiction of a Probate Court.
Such was the original constitution of courts and distribution of judicial power in the Northwestern Territory. The expenses of the system were de- frayed in part by the National Government, and in part by assessments upon the counties, but principally by fees, which were payable to every officer con- cerned in the administration of justice, from the Judges of the General Court downward.
In 1795, the Governor and Judges undertook to revise the Territorial laws, and to establish a complete system of statutory jurisprudence, by adoptions from the laws of the original States, in strict conformity to the provisions of the ordinance. For this purpose they assembled at Cincinnati, in June, and continued in session until the latter part of August. The judiciary system un- derwent some changes. The General Court was fixed at Cincinnati and Marietta, and a Circuit Court was established with power to try, in the several counties, issues in fact depending before the superior tribunal, where alone causes could be finally decided. Orphans' Courts, too, were established, with jurisdiction analogous to but more extensive than that of a Judge of Probate. Laws were also adopted to regulate judgments and executions, for limitation of actions, for the distribution of intestate estates, and for many other general purposes. Finally, as if with a view to create some great reservoir, from which, whatever principles and powers had been omitted in the particular acts, might be drawn according to the exigency of circumstances, the Governor and Judges adopted a law, providing that the common law of England and all general statutes in aid of the common law, prior to the fourth year of James I, should be in full force within the Territory. The law thus adopted was an act of the Virginia Legislature, passed before the Declaration of Independence, when Virginia was
210
HISTORY OF THE STATE OF OHIO.
yet a British colony, and at the time of its adoption had been repealed so far as it related to the English statutes.
The other laws of 1795 were principally derived from the statute book of Pennsylvania. The system thus adopted, was not without many imperfections and blemishes, but it may be doubted whether any colony, at so early a period after its first establishment, ever had one so good.
*
And how gratifying is the retrospect, how cheering the prospect which even this sketch, brief and partial as it is, presents! On a surface, covered less than half a century ago by the trees of the primeval forest, a State has grown up from colonial infancy to freedom, independence and strength. But thirty years have elapsed since that State, with hardly sixty thousand inhabitants, was admitted into the American Union .. Of the twenty-four States which form that Union, she is now the fourth in respect to population. In other respects, her rank is even higher. Already her resources have been adequate, not only to the expense of government and instruction, but to the construction of long lines of canals. Her enterprise has realized the startling prediction of the poet, who, in 1787, when Ohio was yet a wilderness, foretold the future con- nection of the Hudson with the Ohio.
And these results are attributable mainly to her institutions. The spirit of the ordinance of 1787 prevades them all. Who can estimate the benefits which have flowed from the interdiction by that instrument of slavery and of legislative interference with private contracts? One consequence is, that the soil of Ohio bears up none but freemen ; another, that a stern and honorable regard to private rights and public morals characterizes her legislation. There is hardly a page in the statute book of which her sons need be ashamed. The great doctrine of equal rights is everywhere recognized in her constitution and her laws. Almost every father of a family in this State has a freehold interest in the soil, but this interest is not necessary to entitle him to a voice in the concerns of government. Every man may vote; every man is eligible to any office. And this unlimited extension of the elective franchise, so far from pro- ducing any evil, has ever constituted a safe and sufficient check upon injurious legislation. Other causes of her prosperity may be found in her fertile soil, in her felicitous position, and especially in her connection with the union of the States. All these springs of growth and advancement are permanent, and upon a most gratifying prospect of the future. They promise an advance in population, wealth, intelligence and moral worth as permanent as the existence of the State itself. They promise to the future citizens of Ohio the blessings of good government, wise legislation and universal instruction. More than all, they are pledges that in all future. as in all past circumstances, Ohio will cleave fast to the national constitution and the national Union, and that her growing energies will on no occasion, be more willingly or powerfully put forth, than in the support and maintenance of both in unimpaired vigor and strength.
PART III.
HISTORY OF CLARK COUNTY.
BY ALDEN P. STEELE.
0
211
gehen Sundlow
SPRINGFIELD
2/2
HISTORY OF CLARK COUNTY.
INTRODUCTION.
C
YONCERNING the spirit which pervaded the moral atmosphere that sur- rounded the early settlers and supplied the elements of a vigorous practical life, with all the accompanying hardships of privations and toil, it may well be said,
"Of me what know ye, men of puny age? I am a rumor, an uncertain story, A vanished smoke, a scarce remembered page!''
It has in all ages been esteemed a duty and privilege to honor the memory of those whose labors and self-denial have resulted in good to their country and to their race. Such tribute is justly due to those who laid the foundations of our present happy establishment here in Clark County.
How well the requirements of such a tribute have been fulfilled by the pages of this volume must be decided by the mass of readers into whose hands the work will fall.
Some one has said truly that "no history is complete until its successor has been written." This, then, may serve as a " datum-plane" from which to reach by comparison a more extended or more complete work in the future. That the great bulk of facts connected with the history of the county is here congregated for the first time, there can be no doubt; it must also be true that many important details are not here recorded, the reasons for their absence being obvious.
The actors in those early scenes have nearly all made their final exit, while of the few surviving, many are " sore with the infirmities of age" and the deeds of their youth are forgotten, or but dimly remembered; many of the private papers and family records have been either destroyed, lost, or are in the possession of descendants whose present whereabouts are not known.
In conclusion, the writer desires to thank those who have so kindly rendered assistance, and have granted access to public and private records and papers.
The labor has been tedious, but the willingness of nearly all who have been applied to for information has made the work a pleasure.
Only three or four of those who have been called upon for information have refused, or have evaded giving it. None save those who are engaged in collect- ing data can realize the difficulty of the task now, as compared with an earlier date. Had this been attended to while the pioneers were living. very many interesting incidents could have been found wherewith to have enlivened the general theme.
SPRINGFIELD, April, 1881.
A. P. S.
213
214
HISTORY OF CLARK COUNTY.
THE BATTLE OF PIQUA.
As the coming of the white race to the soil of what is now Clark County was heralded by the uproar of battle, it is deemed fit to mark the occasion as the point from which this history is to continue.
The following account of the engagement was recently prepared, and is from the pen of a prominent citizen, who is one of the few who have made the history of pioneer times an especial study.
There are many floating traditions in regard to this expedition, while the recorded evidence is very meager. There are no known official reports by which these traditions may be verified or corrected. Many of the stories have undoubt- edly been somewhat warped in the transmission from a former generation, either by forgetfulness or misunderstanding, or both.
On account of the contradictory nature of many of these details, the whole must necessarily be viewed in the light of rational probability.
After much research, the subjoined account is believed to contain the essence of all that is now known of the battle, nor is it likely that more will ever be learned, unless it be by the discovery of relies and documents, which are not now known to be in existence.
THE SIEGE OF THE OLD INDIAN TOWN OF PIQUA, AUGUST S, 1780 .*
" The old Indian town of Piqua was situated about five miles west of the present site of the city of Springfield, Ohio, on the north bank of Mad River. In going there from the city named, you pass down the Mad River until you reach a point where the stream runs in a westerly direction out into a large basin or prairie, which gives some evidence of having at one time been the bot- tom of a small lake.
At the time the Indians occupied the place, the prairie was about three miles long and one mile wide. It is now fenced off into farms under the highest state of cultivation. At the upper end of this beautiful open landscape, the river gracefully bends round and silently flows to the south; then again toward the west, continuing in the latter direction until it reaches the lower end of the prairie, where it sweeps round to the northwest, and is soon lost to sight in the forest below.
At the time referred to, on the south side of the river was another prairie. bordered by the low hills in the distance. Over this prairie ran the road from the old Indian town of Chillicothe, about twelve miles south of Piqua, and reached the river on the south bank, nearly opposite the latter town.
About two-thirds of the distance down the prairie, on the north side of the river, and further progress was obstructed by what might be called a willow swamp, stretching across the prairie from the southwest to the northeast, stop- ping about one or two hundred yards short of a limestone cliff, rising out of the north border of the basin or prairie.
Behind the willow swamp was located the town of Piqua, and behind the town was a round-topped hill, rising up 100 feet from the level of the plain. From the crown of this hill the country might be overlooked for as much as five miles up and down the river. The general appearance of the locality, in its almost primitive wildness, must have been of unsurpassed loveliness.
The rocks on the north side of the prairie rose up out of the same like a stone wall, twenty-five or thirty feet high, running down in the direction of the round-topped hill back of Piqua; before reaching which it was suddenly cut off. leaving an open space between the hills and rocks. This was covered with a
*By Thomas F. McGrew.
215
HISTORY OF CLARK COUNTY.
thick growth of forest trees of a low and bushy growth. It was impossible to pass up over this wall of rocks in large companies, except in one or two places, where they inclined to drop to the level of the prairie.
At one point, there was an opening cut down from the point of the cliff's, and quite through them to the lowland by some natural force, and was so nar- rowed that not more than one person, certainly not more than two, could pass up or down through the cut at the same moment of time. This place was concealed from observation by a heavy undergrowth of timber, and could be easily obstructed, and could check the advance of a victorious army.
The approach to the lower part of the town was defended by a stockade fort, not common with Indians as a means of defense. It included a space of about two acres .. The hill, the wall of rocks, the open plain, carpeted with wild flow- ers of all colors: the silver line of the river, the hills far off in the distance, crowned with forest trees, and the long line of Indian wigwams, marking their locations by curling wreaths of smoke, as it rose up from their fires, with here and there a corn-field, indicated that the Indians had selected this place not only for its natural strength, but as well for its fertility and beauty.
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