USA > Ohio > The history of Ohio, from its earliest settlement to the present time > Part 11
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The election of representatives having taken place, the governor directed them to meet him at Cincinnati on the 22d of January, 1799, for the purpose of nominating candidates for the legislative council. This nomination having been made, the assembly adjourned until the 15th of September following. On that day both branches of the legislature again assembled, and continued in session until the 19th of December. This being their first session, was necessarily a very laborious one. The transition from a colonial to a semi-independent form of government called for a general revision and extension of the sta- tute-book.
1799.]
MEMBER TO CONGRESS.
191
One of the most important duties which de- volved on them was the election of a delegate to represent the territory in Congress. Before the meeting of the legislature, public opinion had settled down on two persons as candidates for that important office-Arthur St. Clair and Wm. Henry Harrison, the latter being eventu- ally chosen. As soon as his election had been verified, he was ordered to proceed at once to Philadelphia, Congress being then in session. Although he represented the territory only one year, yet he obtained several advantages for his constituents. IIe introduced a resolution to divide the surveys of the public lands, and to offer them for sale in small tracts. He suc- ceeded in getting that measure through both houses in opposition to the interests of specula- tors, who were, and who wished to be, the re- tailers of land to the poorer classes of the com- munity. His proposition became a law, and was hailed as the most beneficent act that Congress had ever passed for the territory. By this means every industrious man had it in his power to lay a good foundation for the future support of his family. At the same session he obtained a liberal extension of time for the pre-emptioners in the northern part of the Miami purchase, which enabled them to secure their farms and ultimately to become independent.
It is proper to remark here, that the territo-
192
HISTORY OF OHIO. [1799.
rial legislature which elected William Henry Harrison a delegate to Congress, was composed of a governor, legislative council, and a house of representatives. All the acts passed by the house and legislative council had to receive the sanction and approval of the governor before they became laws, and without his assent were nugatory. The whole number of acts passed by the legislature was thirty-seven; and on the 19th of December their protracted session was brought to a close. In the course of the session, the governor thought proper to veto no less than eleven acts which had met the approval of the legislature. This extreme exercise of power greatly offended the republican spirit of the house, and was doubtless the cause of the very limited prerogatives subsequently granted to the governors of Ohio, under the constitution of the state.
The great extent of the territory north-west of the Ohio made the ordinary operations of government extremely uncertain, and the effi- cient action of courts almost impossible. Ac- cordingly, by an act of Congress, all that part of the territory north-west of the Ohio River, including the present states of Illinois and In- diana, was organized into a separate territory called the Indiana territory.
In the year 1800 a census of the population of the United States was taken, and the remain-
193
1802.] CONSTITUTION FORMED.
ing portion of the north-western territory, in- cluding Ohio, was found to contain a population of forty-two thousand inhabitants, sufficient to entitle it to admission into the Union as a sepa- rate state. In accordance with numerous peti- tions to that effect, Congress, on the 30th of April, 1802, passed an act authorizing the call of a convention to form a state constitution. This convention assembled at Chillicothe on the 1st of November; and, on the 29th of the same month, a constitution of the state government was ratified and signed by the members of the convention. It was never referred to the people for their approbation, but became the funda- mental law of the state by the act of the con- vention alone.
The constitution of Ohio, one of the most democratic in the federal Union, gave the right of suffrage to all male white inhabitants above the age of twenty-one, who had resided for a year in the state, and on whom any tax had been assessed. The representatives in the Ge- neral Assembly, not fewer than seventy-two, nor more than seventy-six, were to be elected annually, and apportioned among the counties according to the number of their voters. The senators, not fewer than one-third nor more than half the representatives, were to be elected for two years, and apportioned on the same prin- ciple. The governor, chosen by the people for 17
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104
HISTORY OF OHIO.
[1802.
the same term, was not to hold office more than six years out of eight. His power was limited to granting reprieves and pardons, convening the legislature, and filling vacancies in state offices when the houses were not in session,
The judicial power was vested in a Supreme Court, Courts of Common Pleas, consisting of a president, judge, and county judges, and in jus- tices of the peace ; the judges to be elected by joint ballot of both houses for periods of seven years, and the justices of the peace by the town- ships for a term of three years only. All other officers, civil and military, were to be appointed by joint ballot of the legislature, except sheriffs and coroners, who were to be elected by the people of their respective counties for terms of five years. St. Clair had been candidate for go- vernor, but received very few votes, the nearly unanimous choice falling on Edward Tifliin.
" Besides framing the constitution, the con- vention had another duty to perform. The act of Congress providing for the admission of the new state into the Union, offered certain con- ditions to the people. These were, First, that the sixteenth section in each township, or, where that section had been disposed of, other contiguous and equivalent lands, should be grant- ed to the inhabitants for the use of schools. Second, that thirty-eight sections of land, where salt-springs had been found, of which one town-
195
1802.] ROADS AND SCHOOLS.
ship was situated on the Scioto, one section on the Muskingum, and one section in the United States military tract, should be granted to the state, never, however, to be sold or leased for a longer term than ten years ; and Third, that one- twentieth of the proceeds of public lands sold within the state, should be applied to the con- struction of roads from the Atlantic to and through the same. These propositions were of- fered on the condition that the convention should provide, by ordinance, that all lands sold by the United States, after the 30th of June, 1802, should be exempt from taxation by the state for five years after sale.
" The ordinance of 1785 had already pro- vided for the appropriation of the sixteenth sec- tion to the support of schools in every township sold by the United States, and this appropria- tion thus became a condition of the sale and settlement of the western country. It was a consideration offered to induce purchases of pub- lie lands at a time when the treasury was well- nigh empty, and this source of revenue was much relied on. It extended to every township of land within the territory, except those in the Virginia military reservation; and wherever the reserved section had been disposed of, after the passage of the ordinance, Congress was bound to make other equivalent provision for the same object. The reservation of the sixteenth section,
196
HISTORY OF OHIO. [1803.
therefore, could not, in 1802, be properly made the object of a new bargain between the United States and the State; and many thought that the salt reservations, and the twentieth of the proceeds of the public lands, were very inadequate equivalents for the proposed surrender of the right to tax. The convention, however, deter- mined to accept the propositions of Congress, on their being so far enlarged and modified as to vest in the state, for the use of schools, the six- teenth section in each township, sold by the United States, and three other tracts of land, equal in quantity respectively to one thirty-sixth of the Virginia reservation of the United States military tract and of the Connecticut reserve, and to give three per centum of the proceeds of the public lands sold within the state, to be applied, under the direction of the legislature, to roads in Ohio. Congress assented to the proposed modifications, and thus completed the compact." This liberal reservation makes ample provision for securing to coming generations the advan- tages of education, and thus far the compact on the part of the state has been faithfully carried out. Good schools are now diffused all over the State of Ohio, and all needful attention and aid are given by the people to their support and improvement.
The first General Assembly under the state constitution met at Chillicothe on the Ist of March, 1803. The legislature enacted such
197
FIRST COURT.
1803.]
laws as were deemed necessary under the new constitution, and made eight additional counties, viz .:- Gallia, Scioto, Geauga, Butler, Warren, Green, and Montgomery.
At this time all the north-western part of Ohio, to the extent of more than half the state, was still in possession of the Indians; but in 1805, by a treaty with the Indians at Fort In- dustry, the United States acquired all the lands lying west of the Cuyahoga River, and by sub- sequent treaties, all the country watered by the Maumec and the Sandusky ; and the Indian title to lands in Ohio is now extinct.
On the 10th of May, 1803, the first court for organizing Greene county was held in a log- house, which is yet standing, five and a half miles west of Xenia, near the Dayton road. It was built by General Benjamin Whiteman, a short distance south of the log-cabin mill of Owen Davis, on Beaver Creek. This mill, which was the first erected in Greene county, was finished in 1798. The first business of the court was to lay off the county into townships, after which they adjourned, having been in session one day. The first court for the trial of causes was held in the same log-house, on the 2d of August, 1803. The grand jury having been organized and duly sworn, after receiving the charge of the judge, "retired out of court" to a little low pole hut, which was used as a
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HISTORY OF OHIO. [1803.
jury room. As they had neither nuisances to present nor criminal charges to examine, the pioneers promptly took the matter into consi- deration ; and thinking it a pity to have a learned court and nothing for it to do, endeavoured to find employment for their honours at once, by engaging in divers hard fights in the neighbour- hood of the court-house. Owen Davis, the owner of the mill in the vicinity, signalized him- self on this occasion. A person from Warren county being in attendance, Davis charged him with stealing his neighbour's hogs. The insult was resented and a combat ensued, in which Davis proved victorious; the latter, who was a kind- hearted man as well as a brave Indian fighter, now approached the court-house. Entering the room, he planted himself before their honours, and addressing one of the judges in particular, observed, "Well, Ben, I've whipped that hog thief-what's the damage, what's to pay ?" Suiting the action to the word, he drew out his buckskin purse, containing eight or ten dollars, and tossed it upon the table. Then shaking his fist at the judge, whom he had already so uncere- moniously addressed, added, "Yes, Ben, and if you'd steel a hog, I'd whip you too." Nine bills of indictment were found the same day by the grand jury, all for assaults and batteries committed after the court was organized. To these indictments the parties all pleaded guilty,
199
1805.] ADMINISTRATION OF OATHS.
and were fined, Davis being mulet in damages to the amount of sight dollars for his share in the day's transactions.
The June term of 1804 was the last court ever held in the old log-house. The same judges were present, with ex-governor St. Clair, who acted as prosecuting attorney. A singular oc- currence took place at the opening of this court. There was a shelf in one corner of the room, consisting of a board supported by two pins in- serted in the wall, on which rested a few books. St. Clair, expecting to find among the latter a Bible on which to swear the jury, carelessly took down a volume and observed with his pecu- liar lisp, " Well, gentlemen, here is a book which looks thist like a testament." The foreman of the grand jury was accordingly sworn upon it ; but the book, so much resembling a testament in appearance, proved to be an odd volume of the Arabian Nights Entertainments ! This mis- take brought the practice of swearing on the Evangelists so much into disrepute in Greene county, that an oath is no longer allowed to be taken on the sacred volume, the witnesses being required either to affirm, or to swear with uplifted hand.
In the year 1805 the conspiracy of Aaron Burr began to agliate the western country. He was a man endowed with the highest order of talent, combined unhappily with the lowest
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HISTORY OF OHIO. - [1805.
degree of moral principle. In 1801 he was elected Vice-President of the United States, but soon lost the confidence of his party and was set aside. He was again brought forward by his friends as a candidate for the office of governor of New York, and attributed his defeat to the efforts of his professional rival and political opponent, Colonel Alexander Hamilton. Thus exasperated, Burr provoked a quarrel with IIamilton, whom he forced into a duel at Hobo- ken, New Jersey, which resulted in the death of the latter. This event rendered Burr exceedingly unpopular, and for ever closed all the avenues to political preferment. He therefore sought else- where for fame, power, and wealth. Ile appears to have contemplated an invasion of Mexico, and perhaps, also, the segregation of the western states from the Federal Union. His talents, to- gether with his plausible and insinuating address, enabled him to seduce several persons of wealth and influence to become partisans in his schemes, prominent among whom was the unfortunate Herman Blennerhasset, an Irishman of an en- thusiastic and visionary turn of mind, but a man of education and refinement. This gentleman was the proprietor of a beautiful island in the Ohio River, upon which he had erected an ele- gant mansion, in the midst of gardens and con- servatories, and provided with a valuable library --- a little Eden of civilization in the midst of
1805.]
ARREST OF BLENNERHASSET.
201
the wilderness. United to a beautiful and ac- complished wife, almost as enthusiastic and vi- sionary as himself, Blennerhasset had lived on this island a number of years, surrounded by all that could make life desirable. On the arrival of Burr, however, his enthusiasm and ambition being kindled by the prospect of larger posses- sions, he was induced to engage in the illegal schemes of that talented but unprincipled man ; thus plunging his family into utter and irretriev- able ruin. The admirable position of Blenner- hasett's island induced Burr to make it his head- quarters, and from this point he made his excur- sions into Ohio and Kentucky, to obtain boats, men, money, and provisions. His revolutionary schemes were, however, frustrated by the vigi- lance of the agents of government. Governor Tiffin, authorized by the Ohio legislature, who had been notified of Burr's proceedings, issued orders for the seizure of his boats and military stores; and on the 10th of December a descent was made on Blennerhasset's island, when five boats filled with Mexican volunteers were cap- tured, and subsequently ten more on the river Muskingum. This was a fatal blow to the enter- prise. Blennerhasset and Burr were afterward arrested, two bills having been found against them, one for treason against the United States, and the other for a misdemeanor in organizing an enterprise against Mexico when at peace with
202
HISTORY OF OHIO.
-- [1805.
the United States. When the trial of Burr came on, several days were consumed in the exami- nation of witnesses, who proved a hostile gather- ing of twenty or thirty persons on Blenner- hasset's island; but as there was no evidence that any force against the authority of the United States had been used, or that Burr was present at the meeting, he was acquitted. The principal in the conspiracy having been thus discharged, the attorney-general declined all further proceedings against his subordinates, and Blennerhasset and five others, against whom in- dictments had been found, were set at liberty.
But the earthly prospects of Blennerhasset were for ever blighted. The militia, on taking possession of his island, destroyed his property and insulted his wife, who succeeded, however, in procuring a boat and escaping. The total wreck of his fortunes by the wanton destruction of his property, compelled him to leave his country for foreign lands, and after years of wandering he finally died, in 1822, on the Island of Guern- sey. Ilis accomplished and beautiful wife subse- quently returned to America, and preferred claims against the United States, but without success. Their once splendid and hospitable mansion, the resort of many gentlemen of taste and fortune, is now in ruins ; the scene of beauty and culti- vation, which once surrounded it, is now a wilder- ness; but the island, still known by the name of
203
MURDER OF MYERS.
1805.]
Blennerhasset, will long remain a memento of the fate of this unfortunate family, and be asso- ciated in the mind of the traveller, with the de- signs of Burr, and the melancholy history of his victims.
In the autumn of 1807 some strag gling In- dians murdered a white man named Myers, a few miles west of the present site of Urbanna. Tecumseh and his brother were gathering the Indians together, and had commenced their plan of confederation. This murder, taken in con- nection with their proceedings, created a great deal of alarm on the frontier, and actually in- duced many families to remove back to Kentucky from whence they had emigrated. In order to restore quiet to the settlements, a council was held at Springfield, for the purpose of investigat- ing the facts respecting the murder. Two parties of Indians attended the council, between whom there was an unfriendly feeling existing, one from the north under the charge of MePherson, an Indian agent, and the other from the neigh- bourhood of Fort Wayne, at the head of which was Tecumseh. The government commissioners present on this occasion were General White- man, Major Moore, and Captain Ward. The party under McPherson, in compliance with the wishes of these commissioners, left their arms a few miles from Springfield, previous to attend- ing the council, but Tecumseh and his company
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HISTORY OF OHIO. [1807.
refused to be present unless the council allowed them to retain their arms. After the conference had opened, the commissioners, fearing some violence, made another effort to induce Tecum- seh to disarm ; but this the chief refused, saying that his tomahawk was his pipe, and that he might wish to use it in that capacity before their business was closed. At this moment, a tall, gaunt Pennsylvanian, who was standing among the spectators, and who had no especial love for the shining tomahawk which he saw in the hands of Tecumseh, approached that self-willed warrior, and handed him an old, long-stemmed, dirty- looking earthen pipe, intimating that if Tecum- sch would deliver up his fearful weapon he might smoke the aforesaid pipe. The chief took it be- tween his thumb and finger, held it up, looked at it for a moment, and after steadily regarding its owner, who was gradually receding from the point of danger, immediately threw it, with an indignant sneer, over his head into the bushes. The commissioners now yielded the point, and proceeded to business.
After a full and patient examination of all the facts which were known respecting the murder, it appeared that neither party of Indians was justly chargeable with the crime, but that it was the act of an individual, irrespective of any party connections. Several speeches were made by the assembled chiefs, but Tecumseh was the principal
205
THIE FIRE-LANDS.
1807.]
orator. He stated explicitly the views of him- self and his brother in calling the Indians to- gether, disavowed all hostile intentions toward the United States, and denied that either he or those under his control had committed any ag- gressions on the whites. His manner in speak- ing was graceful, animated, and commanding, and produced a strong impression on all present. The council terminated, but before its close the hostile parties of Indians were reconciled, and peace again restored to the frontier.
CHAPTER XV.
Settlers on the fire-lands-Distress of a family in the woods --- Proceedings of Tecumseh-Execution of Leatherlips for witchcraft-Tecumseh's reply to the neutral Indians-Pa- triotism and bravery of Colonel Johnson-General Hull's scandalous surrender of Fort Detroit-General Harrison appointed commander-in-chief-Plan of operations-Win- chester defeated at Frenchtown -- Fort Meigs erected-Its successful defence-Cool and deliberate bravery of one of the militia -- Fatal results of insubordinate valour-Indian deputation-Death of Logan.
ERIE, Huron, and a small part of Ottawa counties comprise that portion of the Western Reserve known as " The Fire-lands," which was a tract of five hundred thousand acres, granted by the state of Connecticut to those whose pro-
18
206
HISTORY OF OHIO. [1808.
perty was burnt by the British during their in- cursions into that state. In the spring of 1808 these fire-lands began to be settled, and before the close of the same year quite a number of emigrants had located themselves in the town- ships of Huron, Florence, Berlin, Oxford, Mar- garetta, Portland, and Vermilion. These carly settlers generally erected the ordinary log cabin ; but others, whose habits of life were more ini- gratory, built themselves bark huts, after the manner of the Indians. The occupants of these bark cabins were called squatters, and lived principally by hunting.
For several years after their settlement on the fire-lands, these pioneers were exposed to the greatest hardships and privations, being some- times almost entirely destitute of food and clothing. Raccoon caps, with the fur inside, and deerskin jackets and pantaloons were almost universally worn ; and these, when dried after being wet, were uncomfortably hard and inflexi- ble. Wild meat it is true could be procured ; but living on this alone would not support any but hunters who were accustomed to it, and ge- nerally enfeebled the most robust constitutions. The result was that a general sickness pervaded the habitations of the settlers, who were some- times reduced to the utmost distress by their iso- lated condition. The following account is only one of the many scenes of domestic suffering
207
1808.] SUFFERINGS OF SETTLERS.
which occurred about this time in these unfre- quented forests.
A young man with his family emigrated to the Huron River, and built his cabin in the thick woods, at a considerable distance from any other settlement. During the summer he clear- ed a few acres of land, but in the fall was taken sick and died. Soon afterward a hunter in traversing the forest came to the clearing, and observing a singular quiet about the cabin, sus- pected all was not right, and knocked at the door to inquire. "Come in," said a feeble voice. The hunter entered, and beheld a woman sitting by the fire, pale and emaciated with suffering and want, and holding in her arms a sickly in- fant. Another child, reduced to a mere skeleton, was lying on the bed in a corner of the room. The family were literally perishing of hunger. The hunter stood aghast at the scene. Address- ing the poor woman with the utmost sympathy and pity, he inquired the cause of her sad con- dition. She burst into tears, and was for some time unable to speak. At length, raising her head and pointing to the bed, she said, " There is my little Edward. I expect he is dying. And here is my babe so sick I cannot lay it down. I. am so feeble I can scarcely remain in my chair, and my poor husband lies buried beside the cabin !" And then, as if the fearful recital had rendered her frantic, she exclaimed, " O! that I
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HISTORY OF OHIO. [1810.
was back to my own country, where I could fall into the arms of my mother !" It was a sad sight. Tears filled the eyes of the rough hunter, and after affording the distressed family all the relief in his power, he rapidly hastened away to procure further assistance.
About the year 1810, owing to the labours of Tecumseh in forming an Indian confederacy to arrest the further progress of the settlements, it became evident to General Harrison that the north-west would soon be subjected to all the calamities of another Indian war unless decided steps were taken to anticipate the movements of the savages. During the year 1811, while Te- cumseh was absent on a mission to the southern tribes, his brother, whose talents for cunning far exceeded his abilities as a commander, unable to control the Indians whom he had gathered around him, brought affairs to a crisis. The Battle of Tippecanoe was fought, the Indians defeated, and the schemes of Tecumseh frustrated. On the return of that indefatigable warrior he was ex- asperated beyond all bounds at the conduct of the prophet. He subsequently had an interview with Harrison and reproached him for marching against his people during his absence. Scarcely deigning to listen to his reply, he left the council-room with a haughty air, and went and joined the British standard at Fort Malden.
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