USA > Ohio > Montgomery County > The history of Montgomery county, Ohio, containing a history of the county > Part 21
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30901
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8 Brown
13356
17867
22715
27332
29958
30802
82726
9 Butler.
21746
27142
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16721
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12 Clark ..
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13114
16882
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13 Clermont
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19 Darke
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16633
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10292
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26 Fulton
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36 Highland
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2130
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38 Holmes
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40 Jackson
18531
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42 Knox
8326
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43 Lake
3499
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45 Licking
11861
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46 Logan
3181
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14015
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47 Lorain
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48 Lucas.
4799
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50 Mahoning
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51 Marion
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20092
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52 Medina
4480
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11452
17971
26531
31465
32325
54 Mercer
8851
12807
19688
24999
29959
32740
36178
56 Monroe
15999
24362
31938
38218
52230
64006
78545
57 Montgomery
5297
11800
20852
28585
22119
20363
20074
59 Morrow
17824
29334
38749
45049
44416
44886
49780
60 Muskingum
20751
19949
21187
62 Ottawa
161
1034
1766
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13490
68 Paulding
8429
13970
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20175
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64 Perry
13149
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65 Pickaway
4253
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66 Pike
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67 Portage
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69 Putnam
9169
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31158
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70 Richland
20619
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32074
35071
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72 Sandusky
5750
8740
11192
18429
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74 Seneca
2106
3671
12154
13958
17493
20748
76 Stark
12406
26588
34603
39318
42978
52508
43788
77 Summit
15546
26153
38107
30190
30656
38659
44882
78 Trumbull
83:28
14298
25631
31761
32463
33840
40197
79 Tuscarawas 80 Union
1996
3192
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81 Van Wert
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82 Vinton
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4791
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21 Delaware
12599
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23 Fairfield
32 Hancock
210
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34 Harrison
262
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39 Huron
3746
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41 Jefferson.
13719
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44 Lawrence
1110
8277
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55 Miami
4645
8768
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58 Morgan
20280
20445
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61 Noble
2218
3308
7016
13364
19769
23718
71 Ross.
852
2851
10182
14305
21429
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73 Scioto
30827
36955
75 Shelby
5159
18128
27104
30868
46722
67388
49 Madison
23735
25894
31001
42867
28 Geauga.
29 Grecne ..
30 Guernsey
31 Hamilton
7781
1403
17789
21062
27 Gallia
18108
17685
15:38
14491
16416
23813
22951
21933
28883
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11338
17187
20041
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68 Preble
230
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22560
27485
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53 Meigs
9382
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33 Hardin
6966
11886
MISCELLANEOUS INFORMATION.
POPULATION OF THE UNITED STATES.
STATES AND TERRITORIES.
Area in square Miles.
1870
1830
R. R. 1872
STATES AND TERRITORIES.
Area in square Miles.
1870
1880
1872
States.
50,722
996,992
1,262,794
1,671
Pennsylvania.
46,000
3,521,791
4,282,786
5,113
Arkansas
52,198
484,471
802,564
25
Rhode Island
1,306
217,353
276,528
136
California.
188,981
560,247
864.686
1,013
South Carolina.
29,385
705,606
995,622
1,201
Colorado.
104,500
39,864
194,649
392
Tennessee.
45.600
1,258,520
1,542,463
1,520
Connecticut.
4,674
537,454
622,683
820
Texas
237,504
818,579
1,592,574
865
Delaware.
2.120
125,015
146,654
227
Vermont.
10,212
330,551
332,286
675
Florida.
59,268
187,748
267,351
466
Virginia. .
40,904
1,425,163
1,512,806
1,490
Georgia.
58,000
1,184,109
1,539,048
2,108
West Virginia
23,000
442,014
618,443
485
Illinois
55.410
2,539,891
3.078,769
5,904
Wisconsin.
53,924
1,054,670
1,315,480
1,725
Total States.
2,054,671
38,154,127
49,369,595
59,716
Kansas.
81,318
364,399
995,966
1,760
Kentucky
41.346
726,915
940,103
539
Arizona ..
113,916
9,658
40,441
Maine.
31,776
626,915
648,945
871
Dakota ..
147,490
14,181
135,180
Maryland.
11,184
780,894
934.1.32
820
Dist. of Columbia.
60
1$1,700
177,638
Massachusetts
7,800
1,437,351
1,783,012
1,606
Idaho.
90,932
11,999
32,611
Michigan
56,451
1,184,059
1,636,331
2.235
Montana
143,776
20,595
39,157
Minnesota
83,531
439,706
780,80G
1,612
New Mexico.
121,201
91,874
118,430
Mississippi.
47,156
827,922
1,131 592
9 0
Utah.
80,056
86,786
143,906
375
Missouri
65,350
1,721,295
2,168,801
2,580
Washington
69,914
23,955
75,120
498
Nevada
112,090
42,491
62.265
593
Total Territories
860,482
402.866
783,271
873
New Jersey.
8,320
906,096
1,130,9$3
1,265
Aggregate of U.S ..
2,915,203
38,555,983
60,852
Ohio ..
39,964
2,665,260
3.198,239
3,740
Oregon
95,244
90,923
174,767
179
*Included in the Railroad Mileage of Maryland.
PRINCIPAL COUNTRIES OF THE WORLD ;
POPULATION AND AREA.
COUNTRIES.
Population.
Date of Census.
Area iu Square Miles.
Inhabitants to Square Mile.
CAPITALS.
Population.
China ..
446,500.000
1871
3.741,846
119.3
Pekin.
1,648,800
British Empire.
226.817.108
1871
4,677,432
48.6
London ..
3,251,800
Russia.
81,925,400
1871
8.003,778
10.2
St. Petersburg
667,000
United States with Alaska.
38,925,600
1870
2,603,884
7.78
Washington
109,199
France.
36,469,800
1866
204.091
178.7
Paris ..
1,825,300
Austria and Hungary
35,904,400
1869
240.348
149.4
Vienna
833,900
Japan.
34.785,300
1871
149,399
232.8
Yeddo ...
1,554,900
Great Britain and Ireland.
31,817,100
1871
121,315
262.3
London.
3,251,800
German Empire
29,906.092
1871
160,207
187.
Berlin
825,400
Italy
27.439,921
1871
118,847
230.9
Rome.
244,484
Spain
16.642,000
1867
195,775
85.
Madrid
332,000
Brazil
10.000.000
3,2533 029
3.07
Rio Janeiro ..
420,000
Turkey
16,463,000
672,621
24.4
Constantinople
1,075,000
Mexico.
9,173,000
1869
761.526
Mexico
210,300
Sweden and Norway Persia
5,000,000
1870
635.964
7.8
Teheran.
120,000
Belgium.
5.021,300
1869
11,373
441.5
Brussels.
314,100
Bavaria ..
4,861,400
1871
29,292
165.9
Munich
169,500
Portugal.
3.995,200
1868
34,494
115.8
Lisbon
224,063
Holland
3.688,300
1870
12,680
290.9
Hague ..
90,100
3.000.000
1870
357,157
8.4
Bogota.
45,000
Chili
2,000.000
1869
132.616
15.1
Santiago.
115,400
Switzerland.
2,669.100
1870
15,992
166.9
Berne.
36,000
Peru
2,500,000
1871
471.838
5.3
Lima ..
160,100
Bolivia ..
2,000,000
497,321
4.
Chuquisaca.
25,000
Wurtemburg
1,818,500
1871
7,533
241.4
Stuttgart
91,600
Denmark
1,784.700
1870
14.753
120.9
Copenhagen.
162,042
Venezuela
1,500,000
368,238
4.2
Caraccas
47,000
Baden.
1,461,400
1871
5,912
247.
Carlsruhe
36,600
Greece ..
1,457.900
1870
19,353
75.3
Athens.
Guatemala
1,180,000
1871
40,879
28.9
Guatemala
40,000
Paraguay.
1,000,000
1871
63,787
15.6
Asuncion.
48,000
Liberia .
718.000
1871
9,576
74.9
Monrovia
3,000
San Salvador.
600,000
1871
7,335
81.8
Sal Salvador
15,000
Hayti.
572.000
1871
58,171
6.
Managua.
10,000
Uruguay.
300,000
1871
66,722
6.5
Monte Video.
44,500
Honduras
350,000
1871
47,092
2.4
Comayagua .
12,000
San Domingo.
136,000
17,827
7.6
San Domingo.
20,000
Costa Rica
165 000
1870
21.505
7.7
San Jose.
2.000
Hawaii.
62.950
7.633
80.
Honolulu
7,633
Indiana
33,809
1,680,637
1,978,362
3,529
Iowa ..
55,045
1,191,792
1,624,620
3,160
37,600
1,321,011
1,648,708
1,123
Territories.
Louisiana ..
Nebraska.
75,995
123,993
452.433
828
Wyoming
93,107
9,118
20,788
New Hampshire ..
9,280
318,000
346 984
790
New York.
47,000
4,382,759
5,083,810
4,470
North Carolina ...
50,704
1,071,361
1,400.047
1.190
1,300.000
218.928
5.9
Quito
70,000
Hesse ..
823,138
2,969
10,205
56.
Port au Prince.
20,000
Nicaragua.
5,921,500
1870
292.871
20.
Stockholm.
136,900
New Grenada
Argentine Republic.
1,812,000
1869
871,848
2.1
Buenos Ayres.
177,800
43,400
Ecuador.
277.
Darmstadt
30,000
POPULATION.
Miles
POPULATION.
Miles R.R.
States.
Alabama ..
-
203
350,000
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 soil 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.
* * * * *
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
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 cstablishment 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.
-X-
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- sioncd 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 I bchavior; 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 wheresocver 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 countics, 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
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HISTORY OF THE STATE OF OHIO.
yet a British eolony, 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 eolony, at so early a period after its first establishment, ever had one so good.
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And how gratifying is the retrospeet, how eheering the prospeet which even this sketeh, 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 infaney 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 resourees 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 predietion 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 ordinanee of 1787 prevades them all. Who ean estimate the benefits which have flowed from the interdietion by that instrument of slavery and of legislative interference with private eontraets? One consequence is, that the soil of Ohio bears up none but freemen; another, that a stern and honorable regard to private rights and publie 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 voiee in the concerns of goverment. Every man may vote; every man is eligible to any offiee. And this unlimited extension of the eleetive franchise, so far from pro- ducing any evil, has ever constituted a safe and sufficient eheek upon injurious legislation. Other eauses of her prosperity may be found in her fertile soil, in her felieitous 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 prospeet of the future. They promise an advanee in population, wealth, intelligenee and moral worth as permanent as the existence of the State itself. They promise to the future eitizens 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 eireumstanees, Ohio will cleave fast to the national constitution and the national Union, and that her growing energies will on no oeeasion, be more willingly or powerfully put forth, than in the support and maintenance of both in unimpaired vigor and strength.
BOOK IL PART FIRST. HISTORY OF MONTGOMERY COUNTY.
Chapters I to XII inclusive, and the article on the Mexican war in Chapter XIII of the general history of Montgomery County, and Chapters I to V inclu- sive, on the city of Dayton. are from the pen of Ashley Brown, of Dayton. THE PUBLISHERS.
DR JOHN TREON.
HISTORY OF MONTGOMERY COUNTY.
CHAPTER I.
THE MOUND-BUILDERS-EARTHWORKS AND EVIDENCES OF ANTIQUITY -- LOCATION OF MOUNDS IN MONTGOMERY COUNTY-TITLE TO LANDS OF THE NORTHWEST- INDIAN TITLE TO OHIO VALLEY AND LOWER LAKE REGION-THE FRENCH TITLE-THE ENGLISH TITLE-FRENCH-ENGLISH WAR FOR POSSESSION- ENGLISH ACQUIRE POSSESSION-EXPEDITIONS INTO THE INDIAN COUNTRY- NORTHWEST TERRITORY IN CONTROL OF THE BRITISH IN 1775-BUT INDIANS HAD NOT CEDED ANY OF THEIR RIGHTS- GEORGE ROGERS CLARK'S EXPEDI- TION TO ILLINOIS -- FORT MCINTOSH AND LAURENS-GREAT BRITAIN'S QUIT- CLAIM TO LANDS NORTHWEST OF THE OHIO.
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