Butler County, Ohio - The whole text, 1882 (part 2 of 39)

The Spencer referred to in General Wilkinson's letter was Oliver M. Spencer, of Cincinnati, who was then a boy eleven years of age. His father lived in Columbia, and young Spencer had been on a visit to Cincinnati, to spend the Fourth of July, and, having stayed until the 7th, set out in a canoe with four other persons who were going to Columbia. About a mile above Deer Creek, one of the men, much intoxicated, made so many lurches in the canoe as to endanger its safety, and Spencer, who could riot swim, becoming alarmed, was, at his earnest request, set on shore, as was also the drunken man, who was unable to proceed on foot, and was, accordingly, left where he Janded. The three in the canoe, and Spencer on shore, proceeded on, but had progressed only a few rods, when they were fired on by two Indians. A Mr. Jacob Light was wounded in the arm, and another man killed on the spot, both falling overboard, the man on shore tomahawked and scalped, and Spencer, after a vain attempt to escape, was made prisoner, and carried off by the savages and taken out to an Indian village at the mouth of the Auglaize River, where he remained several months in captivity. The tidings of these events were taken to Fort Washington by Light, who swam ashore a short distance below, by the aid of his remaining arm, and Mrs. Coleman, the other passenger, who, though a woman of sixty years of age, and, of course, encumbered with the apparel of her sex, was unable to make any effort to save herself, but whose clothes, floating on the surface of the river, buoyed her up in safety. It is certain, at any rate, incredible as it may be thought by some, that she floated down a considerable distance, and came safely to shore. Spencer, after remaining nearly a year among the Indians, was taken to Detroit, where he was ransomed, and finally sent home, after an absence in various places of three years, two years of which he passed among his relatives in the State of New Jersey. He resided, subsequently, in the city of Cincinnati, became a preacher in the Methodist Episcopal Church, and was for many years cashier in the Miami Exporting Company Bank. He died at Cincinnati, in May, 1836, leaving several sons, who subsequently held offices of honor and trust. A narrative of Mr. Spencer's captivity was written by himself, and published in 1836.

''Drar Srr, - Your letter by express was this moment handed me. I am truly sorry for the misfortunes of Colonel Spencer's family, and much obliged to you for the early information and advice. The convoy moved this morning, at which time the spies were detached in the direction mentioned in my letter of yesterday. If they discover no fresh tracks, they will not return. Be assured every exertion on my part will be made, not only to save my men, but to procure as much hay as possible. The weather for some days past has been unfavorable to our hay parties. The horse will be detached for you the moment Captain Peters arrives. '' Yours, with due respect, "' JoHN ARMSTRONG. "(GENERAL JAMES WILKINSON."

''Drar Str, - I send you by Captain Peters ten gallons port wine, and five gallons brandy, which please accept. The wagons are hired at twenty shillings per day and found. You know how to get the pennyworth out of them. Drive late and early, and make short halts; at the same time, keep your scythes steadily at work. We shall soon complete the three hundred tons, and the sooner the safer and better. I wish you to send me an escort of twenty horse on Friday, that I may join you. Last night I received an express from Major-general Wayne, the purport solely to prohibit offensive operations on our part. This express costs the public one hundred dollars, for what? The shoes and belts are sent to you. Mr. Miller is to do duty while he continues with you.

'Tn haste, I am yours, ete., '« James WILKINSON, "* Brigadier-general. "J. Armsrrona, Esq., Captain Commandant." To this Captain Armstrong replied : "Fort Hamivron, July 14, 1792, ) "8 o'clock P. M. j

''Drar GENERAL, - Your letter of this morning, by Sergeant Armstrong, came duly to hand. I send you the two men mentioned therein, as also a letter to Colonel Johnson, on private business, which I will ask you to forward by your express. My hay and bullocks are safe, and, I conceive, much more exposed when grazing than when in the pen. Captain Peters's company will on the morrow encamp on the parade, as well as the men of Lieutenant Hartshorn's troops. I am willing to believe were you here they would remain on the ground they at present occupy.

'* Believe me, sir, I am conscious of our exposed position, and well know we have been reconnoitered by the enemy, who will probably, with three hundred, attempt a stroke at this post - I mean the haymakers. In two days more I shall have all my hay home; and Mr. Miller, who has been particularly useful to me, and a judge of the quantity, says there will be an hundred and fifty tons. This is more than I calculated on. The remaining one hundred and fifty can easily be procured, and as much more, if wanted, and workmen, guards, ete., can be furnished. 'Two or more carpenters are wanted, to assist.

Correspondence Between

''T have this moment received your letter, by Sergeant Policy, and sent out Sergeant Armstrong and a party of the horses for the two prisoners who have escaped from the enemy. : :

'You will mount them on two of the quartermaster's best horses, and let them move under cover of the night. I can not leave this post until I take their examination, and transmit it to the Secretary of War, and therefore the sooner they arrive the better.

''Should the enemy attempt to pull down your bullock-pen, or to fire your hay during the season of darkness, Captain Peters and a sub. are to sortie with fifty men, and with or without flints, as you may judge proper. The gates to be instantly shut, and your works manned in the most defensive manner your forces may admit. I go upon the probability that circumstances may induce you to have his command somewhere or somehow within your walls.

''Gaptain Barbee is not to move before he receives further orders, but is daily to keep out light reconnoitering parties, on foot or horseback, in every direction." ~ On the 17th, Armstrong sends the following:

"Dear GeNERAL, - Your letter of yesterday came duly to hand. The distressed situation of the settlers "on the Little Miami, and, in short, everywhere on the frontiers, calls loudly for the aid of government. It is not probable that you may be authorized to call into serv- an enterprise against some of the Indian towns - perhaps that at Auglaize River, or at its mouth. The savages are certainly very poor, and the destroying their corn-fields would make them more so. This, in my opinion, would have a better tendency to bring about a peace than to expend - - - - dollars in presents at a treaty. Some of Captain Barbee's men being sick and their horses lame, the greater part of the infantry being on fatigue, was I to detach any part of the former, who are employed for the safety of the workmen, the objects you have in view could not be accomplished in due season; and, indeed, with all my exertions, unless additional, workmen are sent forward, it will be Winter before the house I have commenced will be finished. Two carpenters, two sawyers, with whips and files, could be employed to public advantage.

'"Inclosed you have a return of Captain Barbee's troops, who are daily employed as patrols. With me there is no doubt but the enemy are contemplating a stroke at our advanced posts. If intended against this place and St. Clair, policy would justify the peaceable disposition they have shown toward both, as it might, in their opinion, throw us off our guard; but be assured I shall leave as little chance as our situation will admit of.

Wilkinson And Armstrong

''Inclosed you have an account against those spies, for articles furnished by Mr. Ewing, for the payment of which I am held responsible. Please to direct the stoppages to be made, and paid to Mr. Bunton in behalf of the contractor. All is well here.

"Fort Wasurnaton, July 19, 1792. '"Dear Srr, - Mr. Hartshorn has this day returned from Columbia, and I expect to leave this post (if nothing material intervenes) on the 2d, with sixty-eight fresh pack-horses; in the mean time you will be pleased to send back all the hired teams you can spare, as they are expensive, under an escort of infantry taken from your garrison, say twenty or twenty-five men. I gave the horse, the riflemen, and Captain Peters's company for a march forwards, and shall take from you all but two of your scythes. This may happen about the 24th; in the

'"¢ DEAR GENERAL, - Y our letter of the 12th inst. came duly to hand. From the unfinished state of the building you have ordered to be erected we could not possibly spare a second team from the fort, and the one sent in was of little worth. Every exertion is used to complete the building as soon as possible; but unfortunately for us, we have lost two days this week in consequence of the wet weather. Our mason is sick, and one other of the sawyers, so that both saws are idle, the cellar unfinished, as also the plastering your rooms; the doors are hung just finished, floor laid, and partition up, so that you ean lodge therein. The building for the reception of forage is also up; and on Monday we shall raise the rafters, but plank will still be wanting. The magazine is finished, excepting the hanging of the doors and underpinning. Nothing further has been done to the stables. The meadow has been cut and the hay in stack. Major Smith has, no doubt, mentioned the circumstance of a boy being fired on and chased at his post; also an attempt to carry off the cattle by removing the pickets. Captain Barbee will, no doubt, inform you of the rencounter between one of his men and asavage. The villains are doubtless watching the road; it will, therefore, be very unsafe for Major Story's express to keep it any part of the way; if they do, it should be in the night time. I have thought proper, sir, to detain at this post four of the Columbia militia, whose terms have not expired, to serve as spies to apprise us of the approach of our enemy, who, being disappointed in their favorite object (stealing horses), would embrace a secondary one, that of taking scalps. The number of small

The building mentioned in the foregoing letter was erected for the quarters of the commanding officer of the fort, and commonly called General Wilkinson's house. It was situated on the west side of the fort near the bank of the river, a little further than the west line of John W. Sohn's house. It was a frame building, weatherboarded, fifty feet long by twenty feet wide, and two stories high. It had a heavy stone chimney in the center, and was divided into two rooms on each floor. On the west was a covered porch or piazza to the second story, supported by wooden posts extending the whole length of the building, with doors communicating from each of the upper rooms. From this piazza was a fine prospect extending up and down the river. The gate of the fort was hung to the southwest corner of the house, and there was a space of fifty or sixty feet' between the west side of the fort and the river bank. The kitchen on the north was a rough, one-story log building, with an open space of about eight feet between the kitchen and the main house. When the fort was abandoned in 1796, this building was occupied by William McClellan as a tavern for a number of years. It stood till about the year 1812 or 1813, when it was pulled down and removed.

The building marked F in the interior of the fort was called the officers' mess-room. After the county of Butler was organized, it was the room in which the Court of Common Pleas and Supreme Court were held for seyeral years.

The magazine stood in the south-east angle of the fort. It was a building about fourteen feet long, made of large logs hewed square, and laid close together, with a floor and ceiling of heavy logs hewed and laid in the same manner. The roof was hipped on all four sides, coming to a point in the center, where it was swemounted by a round ball of wood.

Successors To Captain Armstrong

Nor long after this,,and before the close of the year, Captain Armstrong was succeeded in the command of the fort by Major Michael Rudolph, a brave Maryland officer, who had served both in Lee's Legion and elsewhere, with credit, during the Revolutionary War. The best remembered fact of his command was the punishment of three deserters. The story rests upon hearsay largely, and the character of, Major Rudolph would exclude any gratuitous cruelty. Desertion had become common, and it was found necessary to make an.example. We find the narrative in Howe's '' History of Ohio," and it rests upon a manuscript in the possession of Mr. McBride. It is necessary, however, to say that Mr. McBride, in his later

'« Late in the Fall of 1792, an advance corps of troops, under the command of Major Rudolph, arrived at Fort Hamilton, where they wintered. They consisted of three companies of light dragoons, one of rifle, and one of infantry. Rudolph was a major of dragoons, from lower Virginia. His reputation was that of an arbitrary and tyrannical officer. Some time in the Spring, seven soldiers deserted to the Ohio River, where, procuring a canoe, they started for New Orleans. Ten or fifteen miles below the Falls of the Ohio, they were met by Lieutenant (since General) Clark, and sent back to Fort Hamilton, where a court-martial sentenced three of them to be hung, two to run the gauntlet, and the remaining two to lie in irons in the guard-house for a stipulated period. John Brown, Seth Blin, and Gallaher were the three sentenced to be hung. The execution took place the next day on a gallows erected below the fort, just south of the site of the present Associate Reformed church, and near the residence of James B. Thomas.

'« Five hundred soldiers were drawn up in arms around the fatal spot, to witness the exit of their unfortunate comrades. The appearance of the sufferers at the gallows is said to have been most prepossessing. They were all young men of spirit and handsome appearance, in the opening bloom of life, with their long hair floating over their shoulders. John Brown was said to have been a young man of very respectable connections, who lived near Albany, New York. Early in life he had formed an attachment for a young woman in his neighborhood, of unimpeachable character, but whose social standing did not comport with the pride of his parents. He was forbidden to associate with her, and required to pay his addresses to another. Broken-hearted and desponding, he left his home, enlisted in a company of dragoons, and came to the West. His commanding officer treated him so unjustly that he was led to desert. When under the gallows, the sergeant acting as executioner inquired why the sentence of the law should not be enforced upon him. He replied, with emphasis - pointing to Major Rudolph - 'that he had rather die nine hundred deaths than be subject to the command of such a man,' and was swung off without a murmur. Seth Blin was the son of a respectable widow, residing in the State of New York. The rope being awkwardly fastened around his neck, he struggled greatly. Three times he raised his feet, until they came in contact with the upper part of the gallows, when the exertion broke his neck.

'"' Immediately after the sentence had been pronounced on these men, a friend hastened to Fort Washington, where he obtained a pardon from General Wilkinson. But he was too late. The execution had been hastened by Major Rudolph, and he arrived at Hamilton fifteen minutes after the spirits of these unfortunate men had taken their flight to another world. Their bodies were immediately committed to the grave, under the gallows. There, in the dark and narrow house, in silence, lies the son of a widowed mother, the last of his family. A vegetable garden is now cultivated over the spot, by those who think not nor know not of the once warm heart that lies cold below.

"The two other deserters were sentenced to run the gauntlet sixteen times, between two ranks of soldiers, which was carried forthwith into execution. The lines were formed in the rising ground east of the fort, where now lies Front Street, and extended from Smithman's corner to the intersection of Ludlow Street. One of them, named Roberts, haying passed eight times through the ranks, fell, and was unable to proceed. The attendant physician stated that he could stand it no longer, as his life had already been endangered.

'« Some time after, General Wayne arrived at the post, and, although frequently represented as an arbitrary man, he was so much displeased with the cruelty of Major Rudolph, that he gave him his choice to resign or be cashiered. He chose the former, returned to Virginia, and subsequently, in company with another gentleman, purchased a ship, and went on a trading voyage to Europe. They were captured (it is stated) by an Algerine cruiser, and Rudolph was hung at the yard-arm of his own vessel. I have heard some of those who were under his command, in Wayne's army, express satisfaction at the fate of this unfortunate man."

To inflict the cruel punishment of death for the crime of desertion was at first so abhorrent to the feeling of the officers (many of whom were in the army for the first time) that it was difficult to procure a conviction. Even if a deserter was sentenced by a court-martial, he was got off by some scheme or device, or perhaps the use of some such pitiful tales as that just related.

shot within two or three days after their arrival. But Mrs. Wilkinson employed her importunities to such advantage that she procured from the commanding general. a pardon for those criminals. The usual preparations were, however, made for their execution, and on the appointed day they were brought. on' the paradeground in full view of the whole army. But while the sentence of the court-martial was being read by the adjutant, General Wayne rode up and stopped the proceedings, and stated, among other things, that he 'had been induced, chiefly for the gratification of the lady of General ene to grant a reprieve for'those deserters. '' But," said he, in a loud, clear, and emphatic manner, "the first man, and every man, who shall hereafter be found guilty of the crime 'of desertion, shall surely die, so help me God." The successful interposition of this lady caused her name to be imprinted as an angel of mercy on the hearts of every soldier in the army. Two of the poor fellows, on returning to their quarters, after being released, ejaculated, '' Thank God!" at every step; the other (an Irishman) inquired, ''Why don't ye thank Lady Wilkinson? I am sure the general said it was her that saved us."

A story was published by a writer in the Southern Literary Messenger that Major Rudolph, after his leaving the army, went to Europe, entered the French Army, and afterwards became famous as Marshal Ney. It affords another ingenious example of the literary myths which surround distinguished men. We have had the Dauphin of France among us, and it is no more than right that we should return the compliment by giving the French one of the bravest and most dashing generals of modern times.

In the month of September, 1793, the army of General Wayne marched from Cincinnati to Fort Hamilton, and encamped about half a mile south of the present High Street, on the edge of the prairie mentioned previously. They did not march on the same paths that St. Clair had used, nor did they encamp at the same places. This precaution they observed all the way up the country. They did not even cross the river at the same ford. At the point we mention a breastwork was thrown up, of which the marks were visible until a few years ago.

That Summer General Wayne caused an addition to be made to Fort Hamilton, by inclosing with pickets an area of ground on the north of the fort erected by General St. Clair. This addition extended up the river to about the north line of Stable Street. Near the northwest angle were erected artificers' shops, and the residue of the space was mostly occupied by stables for the dragoons' horses and barracks for the men.

On leaving Fort Hamilton, General Wayne detailed a strong body of men for its defense. The command of the place was given to Major Jonathan Cass, father of General Lewis Cass. Major Cass was a brave officer of the Revolution. He joined the cause of the struggling colonies immediately after the first gun had been fired at Lexington, and participated in the battles of Bunker Hill, Trenton, Princeton, Germantown, Saratoga, and Mon- He was a native of New Hampshire, of which colony his ancestors were pioneers. He remained in command at this place until after the treaty of Greenville, a period of two years. We do not know who was in charge after him, but it is probable that the troops were lessened gradually, until in the end they were all withdrawn. The treaty of Greenville was signed on the 3d of August, 1795; but six months before this Israel Ludlow had laid out the town of Hamilton, and a little settlement was springing up around the walls. Some of the buildings were still standing in 1813.

Agreement

'" We, the subscribers, having engaged as spies, scouts, and messengers in the service of the United States to be stationed at Forts Hamilton, St. Clair, and Jefferson, do covenant, bind, and oblige ourselves to receive, obey, and, as far as may be in our power, carry into effect all the lawful commands which may from time to time be given us by the commandant of the post where we may respect ively be stationed, for and in consideration of which we are, by agreement with Lieutenant-colonel Commandant Wilkinson, to be subsisted with a Continental ration per day to each of us, and are to receive one dollar for every day of our service, from the time of muster until discharged.

"T, ArrHuR Conway, do acknowledge myself to be fairly and truly enlisted in the service of the United States of America, and in the First United States Regiment, to serve as a soldier for the term of three years, unless sooner discharged; and to be obedient to the order of Congress and the officers set over me, agreeable to the establishment of Congress, passed the 13th of April, 1789. As witness thereof I have set my hand this twenty-second day of February, 1794.

Discharge

'These are to certify that the bearer hereof, Casper Sheets, private soldier in Captain David Strong's company, and in the First Regiment, having faithfully served the United States for the term of two years, eight months, and three days, and not inclining to re-enlist upon the establishment of the 30th of April, 1790, he is hereby honorably discharged the service.

Certificate Of Appointment And Reduction As

"This may certify that Casper Sheets, late a soldier in my company, was appointed corporal first day of April, 1788, and was reduced the 17th of September, 1790.

Murders By The Indians From 1790 To 1795

The red man was almost everywhere in the thickets around Fort Hamilton, lurking for the scalp of his enemy, and many a gallant spirit met an untimely grave in the vicinity. The life of a white man, unprotected, out of the reach of the guns of the fort, was not safe for a moment. The road from Cincinnati to Fort Hamilton was narrowly watched; the murders were so frequent upon it that when cases of the kind were reported in Cincinnati they scarce obtained a passing remark, unless some person of distinction had fallen.

In the Summer of 1792, two wagoners were watching some oxen which had been turned out to graze on the common below Fort Hamilton. A shower of rain coming on, they retired for shelter under a tree which stood north of where the Columbia bridge now is. The Indians, who had been concealed in the adjoining underbrush watching them, crept silently up, and, rushing violently upon them before they were aware, killed one and took the other prisoner. The one taken prisoner was Henry Shafor, who, seVeral years after his return from the Indians, settled in Butler County, on the west side of the Miami River, two or three miles below Rossville, where he lived until near 1840. So stealthily had the Indians approached, that the murder was unknown to the men in the garrison until evening, when they went out to look after the men and oxen, although the transaction had taken place within one hundred and fifty yards of the pickets of the fort.

In the Summer of 1792 a large body of Indians surrounded Fort Jefferson. Before they were discovered by the garrison, a party of them crept up and secreted themselves in the underbrush and behind some logs near the fort. Knowing that Captain Shayler, the conimandant, was passionately fond of hunting, they imitated the noise of turkeys with great exactness. The captain, not dreaming of decoy, hastened out with his son, fully expecting to return loaded with game. As they approached nearer the place where the: sound came, the savages rose and fired. The son, a lad of fine promise, fell. The captain turned, and fled to the garrison. The Indians pursued him closely, calculating either to take him prisoner or to enter the sally gate with him in ease it should be opened for his admission. They were, however, disappointed; though at his heels, he entered, and the gate was closed at the instant they reached it. In his retreat, he was badly wounded by an arrow in the back. Had this been the only penalty of his temerity, he might have blessed his patron saint; but the loss of a favorite child, sacrificed by his rashness and folly, rested on his memory, and inflicted a punishment as bitter as malice itself could invent or desire to impose.

Fort Jefferson, the post farthest out in advance, being forty-four miles distant from Fort Hamilton, it was deemed proper to have an intermediate post between them, to serve as a place of security, and guard the safety of the communication between them. BA crosdivaly; a site was selected about three-quarters of a mile west of where the

John S. Gano, belonging to the militia of the Territory, with a party of men, to erect the fort, which was accomplished, and completed early in the Spring of 1792, and named Fort St. Clair.

In the Fall of that year, a second battle was fought, almost under the cover of the guns of Fort St. Clair, between a corps of riflemen and a body of Indians.

Early in the Summer of 1791, A. W. Prior, in company with two others, set out on a trip to-convey provisions from Cincinnati to Fort Hamilton. On their way they encamped at Pleasant Run, four miles from Hamilton, on lands lately owned by Aaron L. Schenck, where the Indians fired upon them and killed Prior, the other two men making their escape to Fort Hamilton.

In the year 1791, an express on its way from Fort Hamilton to Fort Washington was waylaid by the Indians and killed and scalped two miles and a half south ~of Hamilton, on the Springdale pike, on the canal, near H. L. Moudy's farm-house. The Indian was concealed behind a forked white oak tree, near the northwest corner of the ministerial section, which tree is standing at the present time.

Some time in the year 1791, a brigade of wagons, transporting provisions from Fort Washington to Fort Hamilton, guarded by a detachment of thirty or forty men, under the command of a lieutenant, was attacked by the Indians with a galling fire about six miles south of Hamilton, near what was formerly called the long bridge, and near where Mr. Edwards now lives. The escort, with a few horsemen who were in company, charged upon the Indians and made them retreat. They, however, had eight men killed in the skirmish and killed two or three of the Indians.

In 1794 Colonel Robert Elliott, contractor for supplying the United States Army, while traveling with his servant from Fort Washington to Fort Hamilton, was waylaid by the Indians and killed at the big hill, south of where Thomas Fleming formerly lived, and near the line between the counties of Butler and Hamilton. It is now known as Fountain Hill farm. When Colonel Elliott was shot and fell from his horse, the servant made his escape, riding full speed, Elliott's horse following him, and both arrived safe at Fort Hamilton. The colonel, being somewhat advanced in life, wore a wig. The savage who shot him, in haste to take his scalp, drew his knife, and seized him by .the hair. To his astonishment, the scalp came off at the first touch. The wretch exclaimed in broken English, '' Dam lie!" In a few minutes the surprise of the party was over, and they made themselves merry at the expense of their comrade. Some of the Indians, who were present when Elliott was killed, communicated these facts to some of the officers at the treaty of Greenville, in 1795, and described the manner in which they amused themselves with the wig after their surprise was over. On the next day, a party of men from Fort Hamilton, with a coffin, and taking the seryant with them, went to where Elliott had been killed, found the body, put it in the coffin, and proceeded on their way to Fort Washington. When they had gone a mile or two on their way from where they found: the body, about a mile south of Springdale, where Mr. Sorter lately lived, they were fired upon by a party of Indians. The servant, who was then riding the same horse from which Elliott had been killed the day before (which was a spotted horse of rather an uncommon appearance), was shot dead at the first fire. The remainder of the party then retreated, leaving the body, of Elliott, which the Indians took, and broke open the coffin. The party, however, soon rallied, retook the body, and carried it to Cincinnati, together with that of the servant, and buried years afterwards, Captain Elliott, of the United States Navy, son of the colonel, erected over his remains a neat monument with an appropriate inscription.

Early one morning, in the Summer of 1794, a soldier was dispatched as an express from Fort Hamilton to Greenville. He was tomahawked and scalped near where Captain Delorac formerly lived, close by the brick mill, at a small branch in the upper part of Rossville. Although the deed was committed within sight of the garrison, they knew nothing of it until informed by Colonel Matthew Hueston, who, the previous night, had lodged at a camp nine miles from Hamilton, and came to the fort about nine o'clock in the morning. When on his way, he discovered the body of the soldier, the blood flowing yet warm from the wounds; a sow and pigs were drinking the blood. The Indians, fearing to alarm the garrison, must have concealed themselves in the grass and bushes at the side of the path, and suddenly sprung out and caught the horse of the express as he attempted to pass.

In the year 1794, an escort of dragoons, who were guarding a party conveying corn and other provisions from Fort Washington to Hamilton, were attacked at the big hill near the south line of Butler Eight men were killed and several wounded. The Indians took and burnt the corn and carried away the horses.

men, who were on their way to Hamilton, at Bloody Run, south of Carthage. Some wagoners, who were in company, made their escape to Fort Washington.

In 1794 a brigade of wagons, loaded with provisions and other stores, were sent from Fort Hamilton to supply the garrison at Greenville, convoyed by an escort commanded by Captain Lowry. On their way they were attacked and defeated by the Indians near where the town of Eaton now stands. Captain Lowry, Lieutenant Boyd, and eighteen privates were killed. The Indians took all the horses, shot the oxen, and left them and the wagons on the ground. .

At the place where St. Clair's trace crossed Seven Mile Creek, in Milford Township, near the south line of section twenty-four, there was camping ground on each side of the creek. In the month of December, 1794, when there was snow on the ground, eight pack-horsemen encamped one night in the bottom on the west side of the creek. Early the next morning they were fired upon by a party of Indians. Seven of the men were killed, and one made his escape to Fort Hamilton. A party of men went out from the fort the same day and buried the bodies of the men killed. They lie in the bottom on the west side of the creek, on Jand formerly owned by Major William Robison. The place of their interment is still known and pointed out by persons residing in the neighborhood.

Ty the year 1787 John Cleves Symmes, who was at that time Chief Justice of the State of New Jersey, visited the Western country, descended the Ohio River to the falls, and conceived the plan of forming a company to buy a large tract of land between the Miami Riyers, which, on his return home, he proposed to a number of his friends. They agreed to join with him in the purchase, and take limited interests if a plan could be devised which would be just and equitable. A plan was accordingly drawn up by Mr. Symmes, which met the approbation of his associates.

The company was formed, consisting principally of officers of the Revolutionary army and other wealthy and influential citizens of New Jersey. However, the benefits of the contract were not confined exclusively to the company. The public at large were invited to participate, and every person who chose might become an associate, and take as much land at first cost as they could pay for. sition to Congress, dated at the city of New York, on and his associates all the land lying between the Miami Rivers, south of a line drawn due west from the western termination of the northern boundary line of the Ohio Company's purchase, made by Messrs. Sargent and Cutler, on the same terms as the grant made to that company, excepting only, that instead of two townships for the site of a university, one only might be assigned for the benefit of an academy. The probable expectation of Mr. Symmes, and also of the Congress of the United States, at the time, was that the boundaries designated in his petition would include about one million of acres of land. But the geography of the country being then imperfectly known, subsequent surveyors have ascertained that a parallel of latitude extending due west * from the northern boundary line of the Ohio company's purchase would pass several miles south of Dayton, and would not include more than half a million of acres. On the application of Mr. Symmes the Congress of the United States, on the 2d day of October, 1787, made an order that the petition and proposals of John Cleves Symmes should be referred to the Board of Treasury to take order thereon.

The treasury board seems to have assented to the proposals of Mr. Symmes, and made an agreement with him for the sale of the tracts of land mentioned in his petition: However, no specific written contract appears to have been executed at the time, except the petition of Mr. Symmes and the order made thereon. The conditions of the contract appears to have been that the tract of land should be surveyed by the geographer of the United States,** and the contents ascertained. Mr.

townships of six miles square, and sections of one mile square, according to the land ordinance of the 20th of May, 1785. Section No. 16, in each township, was given for the support of public schools; section No. 29 for the purposes of religion; and sections Nos. 8, 11, and 26 in each township were reserved by Congress for future the purchasers as nearly opposite to the mouth of Licking River as an entire township could be found eligiblein point of soil and situation, to be applied to the in, tended object by the Legislature of the State. The price of 'the land was to be two-thirds of a dollar per acre, and Mr. Symmes at the time paid into the treasury the sum of $82,198 on account of the purchase money, the principal part of which was advanced by his associates.

On the 25th of November, 1787, John Cleves Symmes published his ''Terms of Sale and Settlement of Miami Lands," addressed to the public, and had one thousand

*Thomas Hutchins was geographer of the United States ; however, he went out of office in 1790, an@ no other was selected until Rufus Putnam was appointed surveyor general of the United States in 1796.

Symmes'S Purchase

copies of them printed in small pamphlet form at Trenton, New Jersey, and distributed among the people. The plan, as laid down in the pamphlet, stated distinctly the interest which Mr. Symmes was to have in the contract. He reserved for his own use'and benefit the entire township lying lowest down in the point of land formed by the Ohio and Miami Rivers, and the three fractional parts of townships which might lie northwest and southwest between such entire township and the waters of the Ohio and Great Miami, estimated to contain about forty thousand acres of land... He engaged to pay for this land himself, and lay out a handsome town plat thereon, with eligible streets, and lots of sixty feet front and rear, and one hundred and twenty feet deep, every other lot of which was to be given freely to any person who should first apply for the same. Lot number one to be retained, and lot number two to be given away, and thus, alternately, throughout the town, upon condition that the person so applying for and accepting of a lot or lots should build a house or cabin on each lot so given, within two years after the date of the first payment made to the treasury board, and occupy the same by keeping some family therein for the first three years after building. And every person who should accept a town lot should have the privilege of cutting on the proprietor's land adjacent as much timber for building as he should need during the term of three years from the time when he first began to build on his lot.

Mr. Symmes's associates consented that he should hold and dispose of this tract of land for his own benefit. They had the privilege of selecting as much of the residlue of the purchase as they saw proper, and the community at large were invited to become associates, and to locate as much of the lands as they desired at the contract price. To induce them to do so without loss of time, it was stated that after the first day of May, 1788, the price of the land would be one dollar per acre, and after the first of November, thence following, the price would be still further increased as the settlement of the country would justify. It was, however, expressly stipulated that all money received above the original price should be applied towards the making of roads and bridges in the purchase.

It was also stipulated that a register should be appointed to superintend the locations and sales of the lands, and to receive and apply the surplus money for the purposes designated. This stipulation, however, was never fulfilled. Mr. Symmes acted as register himself, and received all moneys paid, as well after as before the augmentation of the price. ,

It was also stipulated in the terms of sale and settlement that every purchaser of a section or quarter section which he might have located, if it could be done with safety, must continue such settlement and improvement, or live in the country in some station of defense for seven years, unless succeeded by others who should supply his place. Persons failing to comply with these terms were to forfeit the one-sixth part of each tract, to be taken off in a square at the north-east corner of the section or quarter section, which should revert to the register for the time being, in trust, so far as to authorize him to grant to any volunteer settler who should first make application to the register therefor previous to any settlement being made thereon by the proprietor or some person for him, upon condition, however, that such volunteer settler should immediately proceed to make an improvement on the land, and continue his settlement or live in some station in the country for defense, as required of the proprietor or first locator. And after seven years' occupancy by the volunteer settler he was entitled to receive a deed from the register for the onesixth part of the tract so forfeited, without any charge except the fee of one-third of a dollar to the register for making the deed.

The plan was well calculated to hasten the settlement of the country, and appears to be founded on justice and propriety, as it was no more than reasonable that those who became the owners of the soil should in some way contribute to the defense of the country by personal service or by some other person for them. The difficulty of first opening and making roads in a new country, covered with a dense forest, is a heavy tax on the first settlers, to which the owners of the land ought all to contribute; hence, the justice of the measure, that those who failed to aid in the settlement and defense of the country should forfeit a part of their land to those who underwent the original dangers and hardships. The settlement of one family on the forfeited sixth part of a section would, in reality, make the remainder of the tract of more value than otherwise the whole would have been in a wilderness.

Many non-residents who purchased land from Mr. Symmes failed to comply with the terms of sale and settlement, and consequently forfeited a sixth part of their land, which, as the country began to be settled, was soon occupied by volunteer settlers. Hence many of the titles to land in the Miami purchase are derived from that source.

Early in the Summer of 1788 Judge Symmes, in company with a number of families, set out from New Jersey for the Western country to commence a settlement on his purchase. The contract not having been finally closed with him by written agreement, Congress, on learning that fact, and recollecting certain statements which had recently been made in some of the public prints of the day on the subject of Western lands, became alarmed. They considered it probable that the object of Judge Symmes was to get possession of the land he proposed to purchase, and then set them at defiance. Under that impression a resolution was offered in Congress ordering Colonel Harmar, who was then stationed with his regiment at Fort McIntosh, at the mouth of Beaver, thirty miles below Pittsburg, to dis- tress him, directing the expense to be paid out of the money deposited by Mr. Symmes on his purchase, and the remainder of the sum to-be returned to him. Fortunately, Dr. Elias Boudinot and General Jonathan Dayton, two of his associates, were in Congress at the time, and were enabled to make such explanations as induced a withdrawal of the resolution. They immediately dispatched a messenger after Mr. Symmes, who found him at Pittsburg. To remedy the difficulty he executed a power of attorney, dated the 10th day of August, 1788, to Jonathan Dayton and Daniel Marsh, two of his associates, authorizing them to close the contract in such form as they might think proper. The messenger returned to New York with the document, and Mr. Symmes proceeded to the Miami country.

As soon as the agents received the letter. of attorney they consulted with the associates, and on their advice prepared and executed a contract of three parts, bearing date the 15th of October, 1788, between the commissioners of the Board of Treasury of the first part, Jonathan Dayton and Daniel Marsh of the second part, and John Cleves Symmes and his associates of the third part, for the purchase of ''all that certain tract or parcel of land situate and being in the Western country adjoining to the Ohio River; beginning on the bank of the same river, at a point exactly twenty miles distant along the several courses of the same, from the place where the great river Miami enters itself into the said river Ohio by the several courses thereof to the said Great Miami River; thence up the said river Miami, along the several courses thereof to a place from whence a line drawn due east will intersect a line drawn from the place of beginning aforesaid, parallel with the general course of the Miami River, so as to include one million of acres within those lines and the said rivers."

The price of the land was two-thirds of a dollar per acre, one-seventh part of which was payable in United States military land warrants, and the residue in gold or silver, or certificates of debt due from the United States, not including interest, for which new certificates or indents were to be issued. The sum of $82,198 having already been paid into the treasury by Mr. Symmes, a further payment of $82,198 was required to be paid within one month from the time the geographer or some other person authorized by the United States should survey and mark the boundary lines of the whole tract, and return a map of it to the Board of Treasury, the residue of the purchase money to be paid in six semi-annual installments, and on the payment of each installment a patent was to issue for a proportionate quantity of land. The contract contains a provision that if Judge Symmes and his associates should fail to perform the condition of the contract it should inure to the benefit of Jonathan Dayton, Daniel Marsh, and their associates, who covenanted, in that case, to perform it for themselves.

then selling at about twenty-five cents for a dollar. As the contract authorized one-seventh of each installment to be paid in military land warrants, General Dayton was appointed to receive them. A sufficient quantity of those warrants having been put into his hands to cover a range of townships,' the third entire range was set apart for that purpose, and afterwards, on the thirtieth day of October, 1794, a deed of conveyance was made by Judge Symmes to General Dayton, in trust for the owners of the warrants. From that circumstance it obtained the name of the military range. In this range the township of Hamilton is. situated. A map of the country was made by Judge Symmes, as accurately as it could be expected to be drawn before an actual survey. It was laid off into ranges of six miles wide, extending from the Great Miami River to the Little Miami River, and numbered from south to north. Two fractional ranges, however, adjoin the Ohio River, lying south of the first entire range. Each range is divided into townships of six miles square, and numbered from west to east, commencing at the Great Miami River. Each township is subdivided into thirty-six sections of one mile square, and numbered from south to north, beginning at the southeast corner of the township.

In the Fall of 1788 or early part of the Winter, Judge Symmes employed thirteen surveyors to lay out and subdivide the country into townships and sections as required by his contract. He directed Israel Ludlow, one of his surveyors, in whom he had most confidence, to begin at a point as far south as he could discover in the most southerly bend of land on the bank of the Ohio River, between the Miami Rivers, and run a meridian or north line from the bank of the Ohio River six miles north, and monument the line of termination. He was further instructed by Judge Symmes to survey or run a due west line from the point where the meridian of six miles terminated to the Great Miami River, and also a due east line to the Little Miami River, and to eraduate this line into mile distances, set stakes and monuments, and mark trees at each mile along this base or first east and west line for corners of sections. This was called the base line. It is the line running east and west, three miles north of the old corporation-line of the city. of Cincinnati, and passing on the south side of Cumminsville. Agreeably to Judge Symmes''s instructions, Israel Ludlow commenced at a point on the Ohio, about four miles below Cincinnati, and ran a meridian line six miles north and monumented the termination of the six miles. The point of termination is the corner of sections Nos. 3, 4, 9, 10 in town two of the second fractional range, about half a mile north-east of Cheviot, Green Township, Hamilton County. The line run from the Ohio River was called the first meridian, and was extended by Mr. Ludlow until it struck the Great Miami River between two and three miles below the town of Hamilton. The surveyors were then directed to commence each at a stake or corner made on their base line, and to survey and run meridian lines according to the magnetic needle, fifteen miles north from the base line, and set stakes and mark trees at the termination of each mile as corners to sections. The east and west lines of the sections were not run by Judge Symmes's surveyors, but were left open to be run by those who might purchase the land. At the termination of the fifteen miles from the base line, the third or military range commenced, which Judge Symmes said _belonged solely to the military gentlemen, and that he had no right to interfere in the survey of that range. A line was run north from the termination of the fifteen miles, six miles across the third range, without marking or making corners, and then an east and west hne was run from the Great Miami to the Little Miami Rivers, and graduated into mile distances, and corners established as on the first base line. This formed the south boundary of the fourth range, where the lands of Judge Symmes recommenced, to which the several surveyors were directed to repair and continue their surveys north in the same manner they had done from the first base line. On reaching about one mile north of the sixth range it was discovered that, in consequence of hilly ground or inaccuracies in chaining, the stakes set as corners for sections did not correspond with each other on a due east and west line; hence a correction was made by running another east and west line from one river to the other, from which they commenced their surveys anew, and ships and sections for about thirty miles north of where the town of Dayton now is. This plan of laying out the country without closing the survey of sections by running east and west lines to connect the survey, it will be perceived, was readily subject to great inaccuracy.. Hence, scarcely two sections in the purchase could be found of the same shape and contents. This now is particularly noticeable in the townships of Fairfield and Union. One surveyor might pass over level ground and his chain-carriers measure correctly ; another might have to pass over rough, hilly ground, or his chain-carriers might be careless, and measure inaccurately or make mistakes.

The surveys were made in the Winter of 1788-89, which was very severe and cold, and the Indians being hostile, none knew at what moment they might be fired on from some ambuscade by the lurking foe. Hence, it is not at all surprising that, after running a few miles, the stakes set would not correspond with each other on a due east and west line. In some instances the corner of a section is more than a quarter of a mile north or south of the corresponding corner on the other side of the section. Indeed, it is uncertain if there is a single section in the purchase the corresponding corners of which are on the same east and west line.

be embarrassing, and were loudly complained of. To remedy the difficulty, Judge Symmes, four or five years afterwards, after many of the sections had been improved, got Israel Ludlow and John Dunlap, two of his surveyors, carefully to remeasure the meridian line which forms the eastern boundary of the section on which the city of Cincinnati is laid out, and set up new stakes and make new corners at the end of each mile. This he declared to be the standard line, and the new corners made according to the remeasurement to be the true corners of the sections. This line is about five miles east of the town of Hamilton, and is the meridian which passes through the town of Springdale, and the line between Fairfield and Union Townships, in Butler County. Judge Symmes directed purchasers to run east and west lines from the new corners made on the standard line, and establish their corners at the points of intersection on the meridians. This plan, if persisted in, would have changed every original corner in the purchase, and rendered confusion more confounded.

A year or two afterwards a considerable portion of the country in the neighborhood of Springdale was resurveyed, according to Judge Symmes's directions, from the standard line, and new corners made. Many persons claimed by the new corners as regulated from the standard line, others claimed to hold by the old corners, and consequently a number of law-suits were commenced. At length the difficulty was settled by a decision of the Supreme Court, confirming the old corners, on the ground that the original survey had been made, and returned to the Treasury Department under the authority of Congress as the contract required, and no power had been given to alter or change it.

It appears that John Dunlap, one of Judge Symmes's surveyors, who ran the meridian line between the first and second townships in the second entire range, when he struck what was formerly called the pond, below Hamilton, a little west of where the rendering factory was, believed he had struck the Great Miami River. In his field-notes Mr. Dunlap says: '"' At seventy chains struck Miami. It runs south 42° west, a fine, high bank on this side that can't overflow; the bottom good. On the other side of the river there is a large prairie. Marked a black oak on the bank of the river, and made an offset of seven chains east, and then ran north ten chains up the river (east up the pond, however) ; thence from the river east eighty chains to my stake, No. 20, along the south side of the military range."

From this it is evident he struck the pond and not the river, the ground corresponding with his notes and the prairie mentioned, as on the other side of the river is the prairie, lying between the pond and river. In fact, in 1809, on making a survey to identify the line in relation to a law-suit, the small black oak-tree, then lying down, was found at the place with the original marks on it, as described in the field-notes.

In the month of June, 1790, Jonathan Dayton, who claimed the third range in trust for certain military gentlemen who had deposited military land warrants with him in payment for the land, appointed Israel Ludlow and John §. Gano as surveyors to subdivide that range into townships and sections. Previous to beginning the survey Gano, Ludlow, and Judge Symmes had a consultation together concerning the mode of ascertaining the southern boundary of the range; the result of which consultation was to commence at the intersection of the base and standard lines, and run north with the standard lines fifteen miles, and from that point run an east and west line for the southern boundary of the military range. Gano and Ludlow then proceeded to measure fifteen miles on the standard lines, and ran an east and west line from the Great Miami to the Little Miami River as the south boundary of the military range, and surveyed and laid off the range into townships and sections from that line. This survey was made in the latter part of the year 1790.

From the point on the standard line where the fifteen miles from the base line terminated, Ludlow ran a due west line to the Great Miami River. This line passes south of the corners made by Judge Symmes's surveyors, in some instances, a considerable distance. A liné was also run due east from the standard line to the Little Miami River. As this line interfered with the stakes originally set on the meridians by Judge Symmes's surveyors, it gave rise to several law-suits. In a case between Brucé and Suydam, as to the line between the sections adjoining the Great Miami River, below Hamilton, the Supreme Court, after a long, protracted suit, decided in favor of the north line. In another suit, which was litigated for several years, between Phillips and Ayres, as to a line five or six miles east of Hamilton, the decision was in favor of the south line. In this case the Supreme Court decided that there was an and consequently to run the boundaries of his range. Some cases of dispute have been settled by compromise and others long remained in litigation undecided. For some four or five miles contiguous to the Great Miami River the settlers hold to the north line, under a plea that so much of the line had been previously run by Dunlap under the authority of Judge Symmes, and can not, therefore, be changed by a second line.

It having been ascertained that some of the sections contained more than six hundred and forty acres, and that others were deficient in quantity, but that the entire survey contained the full quantity of land required to fill the sections, several years after, Judge Symmes, in order to do justice to all, established a rule that where there was a deficiency in a section, he engaged to refund the purchase money at the rate of four dollars per acre, and where there was a surplus he exacted payment at the same rate. Whether he had a legal right to establish such a rule or not, it seemed to be equitable, and many of the purchasers acquiesced in the arrangement.

The original proposition made by Judge Symmes to Congress was to purchase all the lands lying between the Miami Rivers; to which proposition he believed the Board of Treasury had assented. The written contract, however, made by his agents on the 15th day of October, 1788, established the eastern boundary, commencing at a point on the Ohio River twenty miles distant from the mouth of the-Great Miami River by the several courses of the Ohio (this point would be opposite Main Street, in the city of Cincinnati), and from thence running northwardly, parallel with the general courses of the Great Miami River for quantity. Mr. Symmes had sold the principal part of the land lying between that boundary and the Little Miami River. In order to obtain relief from these embarrassing difficulties, he repaired to Philadelphia, then the seat of government, in the Spring of the year 1792, and in the first place petitioned Congress to alter his contract in such manner that it might extend from the Great Miami River to the Little Miami River. In pursuance of his application, Congress passed a law, dated the twelfth day of April, 1792, entitled, '' An act for ascertaining the bounds of a tract of land purchased by John Cleves Symmes;" which law ''authorized the President of the United States, at the request of John Cleves Symmes, to alter the contract made between him and the Board of Treasury" in such manner that the said tract of land may extend from the mouth of the Great Miami to the mouth of the Little Miami, and be bounded by the river Ohio on the south, by the east, and by a parallel of latitude on the north extending from the Great Miami to the Little Miami, so as to comprehend the proposed quantity of one million of acres.* However, as a condition for granting this indulgence Mr. Symmes was required: to relinquish to the United States fifteen acres of land in Cincinnati contiguous to Fort Washington for the accommodation of the garrison at that fort. This was done in the same instrument of writing which ratified the alteration. By this alteration of the contract a large number of meritorious persons, who had purchased of Judge Symmes, were secured in their lands and their improvements.

passage of a law authorizing the President of the United States to convey to him by letters patent as much of the land contained in his contract as he might then be able to pay for. A law was passed to that effect, on the 5th of May, 1792, entitled, ''An act authorizing the grant and conveyance of certain lands to John Cleves Symmes and his associates," which empowered the President to issue letters patent, under the seal of the United States, land as the payments then made by them, on their contract of the 15th of October, 1788, would pay for, estimating the land at two-thirds of a dollar per acre, making the several reservations specified in the contract and in the law of the 12th of April, 1792.

The third section of this act also stipulated that the President should convey to John Cleves Symmes and his associates, in trust, for the purpose of establishing an academy and other public schools and seminaries of learning, one complete township, in conformity to an order of

According to the law of the 12th of April, 1792, before any alteration could be made in the contract with Mr. Symmes, it was necessary that he should make such a request, and we find that he did, by a certain instrument of writing, bearing date twenty-ninth day of September, 1794, which he signed and delivered to the Presidént,

Treasury and himself and dssociates might be modified and altered in accordance with the stipulations of the act entitled ''An act for ascertaining the bounds of a tract of land purchased by John Cleves Symmes."*

On the reception of this document, George Washington, then the President of the United States, by letters patent under his hand, and the seal of the United States, dated at Philadelphia, on the 30th of September, 1794, declared the contract made with John Cleves Symmes and his associates to be altered and modified as requested by Mr. Symmes, and in the manner set forth in the law of Congress authorizing the alteration.+

On a settlement made with John Cleves Symmes, at the Treasury Department, it was ascertained that two hundred and forty-eight thousand five hundred and forty acres had been paid for; but, in consequence of the reservation of the college township, fifteen acres contiguous to Fort Washington, and other reserved sections within the limits of the grant, the boundaries of the whole tract, as required to be conveyed to him, would contain three hundred and eleven thousand six hundred and eighty-two acres. The draft of a patent was made by Alexander Hamilton, the Secretary of the Treasury.

When it was presented to Mr. Symmes he objected to it because it conveyed the land to him and his associates and not to himself alone, and insisted on having it altered. The Secretary refused to change it, and ¢ appeal was made to the President, who, after a RR examination of the subject, decided that the patent wa 'in strict conformity with the contract of Mr. soe and his associates, and the act of Congress on which it issued. He therefore refused to interfere, and Judge

Symmes was obliged to accept it in the manner it had been drawn. The patent is signed by George Washington, the President, under the seal of the United States, and dated the thirtieth day of September, 1794. It conveyed to John Cleves Symmes and _ his associates, their heirs and assigns, 'all that tract of land beginning at the mouth of the Great Miami River, and extending from thence along the river Ohio to the mouth of the Little Miami River, bounded on the south by the river Ohio, on the west by the Great Miami River, on the east by the Little Miami River, and on the north by a parallel of latitude to be run from the Great Miami River to the Little Miami River, so as to comprehend the quantity of three hundred and eleven thousand six hundred and eighty-two acres of land;" reserving, however, out of the tract the quantity of fifteen acres of land for the accommodation of the garrison at Fort Washington; a tract equal to one square mile near the mouth of the Great Miami River, to be reserved in the event of certain contingencies afterwards to take place; and also reserving out of each township section numbered sixteen for the support of public schools, section numbered twenty-nine for the purpose of religion, and sections numbered eight, eleven, and twenty-six for such purposes as Congress might thereafter direct. It was further stipulated in the patent that one complete township of land of six miles square, to be located as near the center as might be in the tract of land granted, should be held in trust for the purpose of erecting and establishing therein an academy and other public schools and seminaries of learning, and for supporting them.

The northern boundary of the tract was required to be surveyed and marked by Judge Symmes or his associates from certain points on the Great and Little Miami Rivers, to be fixed and established by Israel Ludlow, according to a survey made by him of the courses of those rivers, under the direction of the Department of the Treasury; a certificate of which survey, dated the twenty-fourth day of March, 1794, was then on file in the Treasury Department. This line, commonly called the patent line, commences on the Great Miami River, a few rods north of the mouth of Dick's Creek, below Amanda, in Butler County, and runs east through the first tier of sections in the fourth range, mile north of the military range.

Judge Symmes, having obtained his patent, returned to the Miami country and commenced the issuing of deeds to those to whom he had sold land. Prior to that time they had no other evidence of title than an agreement or warrant delivered to them by Judge Symmes when they respectively purchased. On the thirtieth day of October, 1794, John Cleves Symmes made a deed to Jonathan Dayton for the whole of the entire range, containing, according to the caleulations of Israel Ludlow, sixty-four thousand three hundred and forty-five acres and a half, exclusive of sections numbered 8, 11, 16, 26, and 29, which had been reserved in each township according to the contract made with Mr. Symmes. The consideration is stated in the deed to have been $42,897 of military land warrants paid into the treasury of the United States.

The contract entered into between the Board of Treasury and John Cleves Symmes, by his agents, on the 15th of October, 1788, stipulated that the geographer, or some other person authorized by the United States, should survey and mark the boundary lines of the whole land contracted for, and return.a map of it to the Treasury Department, and likewise a copy to Judge Symmes. Mr. Symmes bound himself to pay at the rate of two-thirds of a dollar per acre for the land after deducting the several reservations specified in the contract - $82,198 haying been paid before that time. The further sum of $82,198 was to be paid within one month after the suryey and map of the purchase should be made and delivered. The remainder of the purchase money was divided into six installments, to be paid semi-annually, so that the last payment would become due three years from the time the plat or map should have been delivered. Some time in the year 1788 or 1789 Israel Ludlow made a survey of the course of the Ohio River and of the Great Miami and Little Miami Rivers, for some considerable distance north from the Ohio River; but the survey of the boundaries, according to the written contract, never was made. Thomas Hutchins was, at that time, the geographer of the United States, but went out of office in 1790, and no other person was appointed in that department until 1796, when Rufus Putnam was appointed surveyor-general. The government claimed that the last installment of the purchase money had become due from Mr. Symmes previous to May, 1792, and as only two installments had then been paid, that the contract was liable to forfeiture.

When Congress passed the law in 1792 relative to Symmes's purchase, it was understood by them that the arrangements then made terminated the contract of 1788 ; but as no formal release was taken from Judge Symmes he considered his contract still in existence, and felt that he could rely on a further fulfillment of it on the part of Congress. As the northern boundary line of the patent extended only a short distance into the fourth range, a large quantity of land previously sold by Mr. Symmes was not covered by it. In addition to this, on his return from Philadelphia he continued his sales, and disposed of the land within every. part of his contract to any person who made application in the same manner that had been done before.

In this way the largest portion of the tract originally purchased had passed from Mr. Symmes, and was claimed by others, many of whom were residing on and improying the land. The towns of Middletown, Franklin, and

Dayton had been laid out and settled; mills had been erected, houses built, and orchards planted. In fact, for miles north of the patent line the country was as thickly settled and as well improved as it generally was within the patent. In the mean time Judge Symmes's right began to be questioned by the settlers. Various rumors on that subject were afloat, and the purchasers became uneasy. They began to fear for their safety, and insisted that Mr. Symmes should take measures for their security.

improvement of their farms, and began to feel as though it had all been lost. Some of them proposed to make a direct application to Congress for relief. Mr. Symmes dissuaded them from that measure, as it might tend to defeat the claim which he still insisted on for the fulfillment of his contract. Finding that he could pacify them no longer, he concluded to make another application to Congress, and in the Fall of the year 1796 went to Philadelphia. He took with him about one hundred thousand dollars in money to pay to the government, and induce them to recognize the obligation of his contract, and spent the Winter there in fruitless attempts to induce them to receive the money. ;

The government assumed the ground that the arrangement made in 1792 was a final adjustment of all his claims; that the whole contract might, at that time, have been declared forfeited, and that their recognition of it to the extent to which he was able to make payment at the time was rather a matter of favor than of strict right. They alleged that a formal release from him was unnecessary, as the forfeiture of the contract was apparent on its face. Finding that there was not the most distant hope of success, Mr. Symmes abandoned his claim in despair, leaving the purchasers whose lands were not covered by his patent to seek the best remedy in their power. The situation of those individuals was truly distressing. Many of them had paid for their lands in full; all of them had paid more or less, and most of them had expended considerable sums of money and several years of labor in improving them. In this situation they found themselves completely in the power of the government, and liable to be driven out at any moment. They presented their case to Congress, and prayed relief. In 1799 an act was passed in their favor, entitled '' An act giving the right of pre-emption to certain persons who have contracted with John Cleves Symmes or his associates for lands between the Miami Rivers."

This law secured to all persons who had made written contracts with Judge Symmes prior to the first day of April, 1799, and whose lands were not comprehended in his patent, a preference over all others at two dollars per acre. In 1801 an amendatory law was passed, extending the right of pre-emption to all who had purchased and made written contracts previous to the first day of January, 1800.

Character Of Judge Symmes

In October, 1801, Thomas Jefferson, President of the United States, appointed John Reily and William Goforth commissioners, to act in conjunction with the receiver of public moneys in Cincinnati, for the purpose of ascertaining the right of persons claiming the benefit of these pre-emption laws. The commissioners immediately opened an office in Cincinnati, and gave notice to all those claiming the benefit of the pre-emption laws to exhibit their claims for allowance.

This commission extended only for one year; but at the expiration of the first year it was continued for a second year, and John Reily and Dr. John Selman were appointed commissioners to act with James Findlay, receiver of public moneys. After the expiration of the second year the duties of this commission were transferred to the register and receiver of public moneys at Cincinnati, and continued from year to year, till all the purchasers were able to complete their payments and secure their titles.

By the operation of these just and salutary laws more than five hundred meritorious families were not only saved from ruin, but made independent and happy. The extension of the right of pre-emption by the law of 1801 to all who had purchased prior to the 1st of January, 1800, enabled every purchaser to save himself, and the extension of credit which Congress gave from time to time, by subsequent laws, was so liberal that many of them were enabled to raise their installments as they became due from the products of their farms. Their descendants are now enjoying the fruits of their labors in

JoHN CLEVES Symmes, the original patentee of the lands between the two rivers, was a native of Riverhead, Long Island, where he was born on the 10th of July, 1742. He was the son of the Rey. Timothy Symmes, who was a native of Scituate, Massachusetts, and was graduated at Harvard College in 1733. His mother was Mary Cleves.

John Cleves Symmes, early in lie, was employed as a teacher and land surveyor, but soon after attaining his majority removed to New Jersey, where he became active among those who were engaged in opposing the pretensions of Great Britain. He became a member of the Committee of Safety for Sussex County, and acted as chairman in 1774, and the year after was colonel of one of the regiments of militia which were then raised. When Howe and his army landed on Long Island, Colonel Symmes's regiment was actively employed in aiding to erect works of defense against the British, and afterwards took part in the battle of Long Island and the subsequent retreat. In this engagement, however, Symmes did not participate. He had been elected a delegate to the State convention of New Jersey, which met at Burlington on the 10th of June, and was a member of the committee which drafted a constitution. At the end of 1776 he was sent up to Ticonderoga, having been delegated by the Legislature of his State to make a new stationed in the Northern Department. On returning home he joined the command of Colonel Jacob Ford. "On the 14th December, while quartered at Chatham, and charged with the duty of covering the retreat of Washington through New Jersey, Colonel Ford received intelligence that eight hundred British troops, commanded by General Leslie, had advanced to Springfield, four miles from Chatham. He ordered Colonel Symmes to proceed to Springfield and check the approach of the enemy, if possible. Accordingly, Colonel Symmes, with a detachment of the brigade, marched to that village, and attacked the British in the evening. This was the first check Leslie met with after leaving Elizabeth; but others soon followed, and his further progress in that direction was effectually stopped." (Edsall's Address, Sussex Centenary, p. 69.)

In 1776 he was appointed to the command of the forts which extended along the northwest frontier of New Jersey as a protection against the Indians. Sussex County was at that time in a very exposed condition. He aided General Dickinson in the attack which was made upon the British in Staten Island. His duty called him to Redbank Fort when the English sailed up the Delaware and attacked Redbank and Mifflin Forts, the latter of which they took. He served with distinction at the battle of Monmouth, and was in the battle of Short Hills. During the possession of Long Island by the enemy it was much exposed to forays by the Americans, and in these predatory attacks Colonel Symmes took a prominent part. He made five descents at different times, and at one time captured a schooner and made ten men prisoners. This he did with the assistance of only four men. One of the younger sons of George the Third - Prince William Henry, who was a midshipman - was, towards the end of the war, quartered in New York, and several schemes were formed for his capture. Colonel Symmes was offered a command by General Washington for the purpose of making a prisoner of the young prince, but declined; and the tender was then made to Colonel Humphreys, who accepted. The enterprise, however, came to nothing. The reputation Colonel Symmes gained in a military way he did not lose in civil life. He was six years a member of the council, one year lieutenant-governor, and twelve years a judge of the Supreme Court of New Jersey, becoming chief After the conclusion of the war he was a member of the Continental Congress, serving in this capacity of many of our best men after the peace allowed them to begin settlements, and Ohio, Kentucky, Tennessee, Western New York, and Pennsylvania were the seat of the chief operations. Judge Symmes, at the same time as the agents of the Ohio Company, made application for a tract of land in Ohio, and was finally granted it. He was made a judge of the Northwest Territory by Congress, February 19, 1788, and soon afterwards removed to the Ohio Valley, where he spent the remainder of his days. In 1789 he located himself at North Bend, below Cincinnati, where for years he dispensed an elegant and profuse hospitality. He contributed much by his public spirit to the settling of the whole region.

When Judge Symmes came West he led a party of immigrants. The first detachment which came out was led by Major Benjamin Stites, and settled at Columbia, five miles east of the center of the present city of Cincinnati; the second was conducted by Matthias Denman and Robert Patterson, which stopped at Cincinnati; and the third was that of Judge Symmes. We give from Burnet's '' Notes" an account of this expedition :

'The third party of adventurers to the Miami purchase were under the immediate care and direction of Judge Symmes. They left Limestone on the 29th of January, 1789, and on their passage down the river were obstructed, delayed, and exposed to imminent danger from floating ice, which covered the river. They, however, reached the Bend, the place of their destination, in safety, early in February. The first object of the judge was to found a city at that place, which had received the name of North Bend, from 'the fact that it was the most northern bend in the Ohio River below the mouth of the Great Kanawha.

"The water-craft used in descending the Ohio in those primitive times were flat-boats made of green oak plank, fastened by wooden pins to a frame of timber, and eaulked with tow or any other pliant substance that could be procured. Boats similarly constructed, on the Northern waters, were then called arks; but on the Western rivers they were denominated Kentucky boats. The materials of which they were composed were found to be of great utility in the construction of temporary buildings for safety, and for protection from the inclemency of the weather, after they had arrived at their destination.

"At the earnest solicitation of the judge, General Harmar sent Captain Kearsey, with forty-eight rank and file, to protect the improvements just commencing in the Miami country. This detachment reached Limestone in December, 1788; and in a few days after, Captain Kearsey sent a part of his command in advance, as a guard, to protect the pioneers under Major Stites at the Little Miami, where they arrived soon after. Mr. Symmes and his party, accompanied by Captain Kearsey, landed at Columbia, on their passage down the river, and the detachment previously sent to that place joined their company. They then proceeded to the Bend, and landed about the 1st or 2d of February. When they left Limestone it was the purpose of Captain Kearsey to occupy the fort built at the mouth of the Miami by a detachment of United States troops, who afterwards descended the river to the Falls. ;

"That purpose was defeated by the flood in the river, which had spread over the low grounds and rendered it difficult to reach the fort. Captain Kearsey, however, was anxious to make the attempt; but the judge would not consent to it. He was, of course, much disappointed and greatly displeased. When he set out on the expedition, expecting to find a fort ready built to receive him, he did not provide the implements necessary to construct one. Thus disappointed and displeased, he resolved that he would not attempt to construct a new work, but would leave the Bend and join the garrison at Louisville.

''In pursuance of that resolution, he embarked early in March, and descended the river with his command. The judge immediately wrote to Major Willis, commandant of the garrison at the Falls, complaining of the conduct of Captain Kearsey, representing the exposed situation of the Miami settlement, stating the indications of guard to be sent to the Bend. This request was promptly granted, and before the close of the month Ensign Luce arrived with seventeen or eighteen soldiers, which, for the time, removed the apprehensions of the pioneers at that place. It was not long, however, before the Indians made an attack on them, in which they killed one soldier and wounded four or five other persons, including Major J. R. Mills, an emigrant from Elizabethtown, New Jersey, who was a surveyor and an intelligent and highly respected citizen. Although he recovered from his wounds, he felt their disabling effects to the day of his death. )

' «The surface of the ground where the judge and his - party had landed was above the reach of the water and sufficiently level to admit of a convenient settlement. He therefore determined, for the immediate accommodation of his party, to lay out a village at that place, and to suspend, for the present, the execution of his purpose as to the city of which he had given notice, until satisfactory information could be obtained in regard to the comparative advantages of different places in the vicinity. The determination, however, of laying out such a city was not abandoned, but was executed in the sueceeding year on a magnificent scale. It included the village, and extended from the Ohio across the peninsula to the Miami River. This city - which was certainly a beautiful one, on paper - was called Symmes, and for a time was a subject of conversation and of criticism ; but it soon ceased to be remembered - eyen its name was forgotten - and the settlement continued to be called North Bend. Since then, that village has been distinguished as the residence and the home of the soldier and statesman, William

"In conformity with a stipulation made at Limestone, every individual belonging to the party received a donation lot, which he was required to improve as the condition of obtaining a title. As the number of these adventurers increased in consequence of the protection afforded by the military, the judge was induced to lay out another village, six or seven miles higher up the river, which he called South Bend, where he disposed of some donation lots ; but that project failed, and in a few years the village was deserted, and converted into a farm.

''During these transactions the judge was visited by a number of Indians from a camp in the neighborhood of Stites's settlement. One of them, a Shawnee chief, had many complaints to make of frauds practiced on them by white traders, who fortunately had no connection with the pioneers. After several conversations and some small presents, he professed to be satisfied with the explanation he had received, and gave assurances that the Indians would trade with the white men as friends.

'In one of their interviews the judge told him he had been commissioned and sent out to their country by the thirteen fires, in the spirit of friendship and kindness, and that he was instructed to treat them as friends and as brothers. In proof of this he showed them the flag of the Union, with its stars and stripes, and also his commission, having the great seal of the United States attached to it; exhibiting the American eagle, with the olive-branch in one claw, emblematical of peace, and the instrument of war and death in the other. He explained the meaning of those symbols to their satisfaction, though at first the chief seemed to think they were not very striking emblems either of peace or friendship; but before he departed from the Bend he gave assurances of the most friendly character. Yet, when they left their camp to return to their towns, they carried off a number of horses belonging to the Columbia settlement, to compensate for the injuries done them by wandering traders who had no. part or lot with the pioneers. These depredations having been repeated, a party was sent out in pursuit, who followed the trail of the Indians a considerable distance, when they discovered fresh signs, and sent Captain Finn, one of the party, in advance, to reconnoiter. He had not proceeded far before he was surprised, taken prisoner, and carried to the Indian camp. Not liking the movements he saw going on, which seemed to indicate personal violence in regard to himself, and having great confidence in his activity and strength, at a favorable moment he sprang from the camp, made his escape, and joined his party. The Indians, fearing an ambuscade, did not pursue. The party possessed themselves of some horses belonging to the Indians, and returned to Columbia. Tn a few days the Indians brought in Captain Finn's rifle, and begged Major Stites to restore their horses, alleging that they were innocent of the depredations laid to their charge. After some further explanations, the matter was amicably settled, and the horses were given up."

Judge Symmes was three times married. His first wife was Ann Tuthill; the second was Mrs. Halsey, and the third Susanna, daughter of William Livingston, governor of New Jersey, and at the outbreak of the war of the Revolution better and more widely known than almost any of the other defenders of our liberties as derived from our ancestors. He had two daughters - Maria, who married Major Peyton Short, of Kentucky ; and Anna, who married William Henry Harrison, afterwards President of the United States.

Judge Symmes was of a large, majestic figure, of pleasant manners and great benevolence. He was well liked by the Indians. At the treaty of Greenville he was told that in the war he was frequently the object of the aim of the enemies of the white men, but that when he was recognized they refrained from pulling the trigger. He died at Cincinnati, February 26, 1814, in the seventy-second year of his age, and-was buried with military honors on a hill near his late residence at North Bend. It is only a little distance from the tomb of his illustrious son-in-law, General Harrison. On the flat tablet which covers the grave is the following inscription :

John Cleves Symmes

Bere rest the remains of JOHN CLEVES SYMMES, who, at the foot of these hills, made the first settlement between the Miami Rivers. Born on Long Island, State of New York, July 21st, A, D. 1742. Died at Cincinnati, February 26, A. D. 1814.

The residence of Judge Symmes stood about a mile northwest of the present railway station-house at North Bend, at the foot of the hill dividing the Ohio from the Great Miami River. It was destroyed by fire, March, 1811, during the owner's temporary absence, when all of his valuable papers were burned. The fire was supposed to have been the work of an individual who had become angry at Judge Symmes because the latter had refused to vote for him as a justice of the peace.

On the 24th day of March, 1803, the General Assembly of the State of Ohio passed '"'An act for the division of the counties of Hamilton and Ross,"* by which act the county of Butler was established, comprehending the country included within the following bound- aries: Beginning at the northeast corner of section number seven, in the third township of the second range in the Miami purchase; running thence west to the State line; thence north with the State line to a point due west from the middle of the fifth range of townships of the Miami purchase ; thence east to the Great Miami River; and bounded on the east by the Miami River and a line running north on the section line from the place of beginning to the Miami River.

The southern boundary of the county, as established by this act, was a west line from the place of beginning. This line, when run, passed through the tier of sections south of the present boundary line, dividing farms, and struck the Miami River in the Colerain bend, about a mile south of the present county line. To remedy this inconvenience, the Legislature passed a law on the 20th of January, 1808, to establish the line between Hamilton and Butler Counties.* By this act the line was established, beginning at the southeast corner of Butler County, as mentioned in the first act; thence westwardly along the line of the tier of sections to the Great Miami River; thence down the Miami River to the point where the line of the next original surveyed township, on the west side of the river, strikes the same; thence-west along that line to the western boundary of the State.

On the 15th day of February, 1808, the Legislature established the county of Preble,t and made its south boundary a line beginning at the southwest corner of the sixth township in the first range east of the meridian drawn from the mouth of the Great Miami River (the northwest corner of the college township); thence east along the township line to the range line between the third and fourth ranges; thus cutting off from the county of Butler, on the north, about one tier and a half of sections. The north boundary line of Butler County, as originally established, struck the Miami River on the west side, about two miles above the town of Franklin, opposite where the protection wall, on the east side of the river aboye Vanderveer's mill, has since been made, at the time the Miami Canal was constructed. On the 30th of January, 1815, the Legislature passed a law attaching that part of Butler County which lay within the first and second fractional townships in the fifth range to the county of Warren,{ and which now comprehends that portion of Franklin Township, Warren County, lying west of the Great Miami River; thus reducing the county of Butler to its present dimensions.

This county was named Butler after General Richard Butler, a heroic soldier of the Revolution. He distinguished himself on more than one occasion in a remarkable manner. He was a native of Pennsylvania, and was one of a family of brothers who were active in the Revolutionary struggle. He lost his life in the memorable defeat of St. Clair by the Indians, as is told more fully elsewhere.

At the same session that the county of Butler was established by the Legislature, a resolution was passed on the 15th day of April, 1803, appointing James Silvers, Benjamin Stites, and David Sutton commissioners to examine and select the most proper place for the seat of justice of Butler County.