Fayette County, Ohio - Admission of Ohio Into the Union - Political History Early Laws of Ohio, 1881 (part 1 of 8)

Early Laws Of Ohio The Admission Of Ohio Into The Union

The mooted question as to the exact date of the admission of Ohio into the Union, may be illustrated thus : A man knocks at my door; I give the old-fashioned response, " come in." Now, is he in when I say " come in," signifying consent, or is he not in until he comes in f The enabling act, for the formation of the State of Ohio, was approved April 30, 1802 ; the Constitution was formed November 29, 1802. The act empowering tli'e State to execute laws, was not passed until the 19th day of February 1803, and by which she was admitted and fully recognized as one of the States of the Union.

The first General Assembly under the State constitution, convened at Chillicothe, March 1, 1803. The Legislature enacted such laws as the new State required, and created eight new counties. The first State ofticers elected by this body were, Michael Baldwin, Speaker of the House of Representatives ; Nathaniel Massie, Speaker of the Senate ; William Creighton, Jr., Secretary of State ; Colonel Thomas Gibson, Auditor; William McFarland, Treasurer; Return J. Meigs, Jr., Samuel Huntington, and William Sprigg, Judges of the Supreme Court ; Francis Dunlavy, Wyllys Silliman, and Calvin Pease, Judges of the District Courts.

The second General Assembly met the following December, which passed a law giving to aliens the same proprietary rights in Ohio as native citizens. Acts were also passed, improving the revenue system, providing for the incorporation of townships, and establishment of a board of commissioners of counties.

In 1805 Ohio gained possession of a part of the Western Reserve, through treaties with the Indians at Fort Industry, and subsequently, all the country of the Maumee was ceded to the United States.

Aaron Burr, whose bold and gigantic scheme for the dismemberment of the Union and conquest of Mexico fully developed itself ; all under the ostensible purpose of settling the Washita lands. At this period a war with Spain seemed inevitable ; and Burr's plan was, to seize Mexico, and with the aid of Generals Wilkir.son, Swartwout, Blannerhasset, Davis Floyd, Tyler Sparks, and Smith, with an army of seven thousand men, which would be strengthened as they proceeded on their way to New Orleans, Yera Cruz, and finally to the City of Mexico. HapjDily, through the exertions of United States Attorney Da vies, of Kentucky, and a Mr. Graham, the scheme was discovered ; which led to the trial and acquittal of Burr. IS'othing of great historical importance occurred from this time, until the smouldering fire of Indian hate and revenge, which had for years been kindling under the eloquence of Tecumseh and the cunning of the Prophet, his brother, broke out in 1810.

After various councils between General Harrison and the Indians, all prospect of an amicable settlement was put to flight by open hostilities. The Prophet and Tejcumseh had assembled an army at Tijipecanoe, in what is now Cass county, Indiana, which the former had, through conjuration and other means, inspired with a kind of religious enthusiasm, which led them to expect certain victory over the pale-faces, whom the Great Spirit hated. In 1811 General Harrison marched against them, and gained a decisive victory over them, which broke the Prophet's power, and, for a time, secured peace to the frontiers. During this year, the first steamhoat launched upon western waters, made a trip from Pittsburgh to New Orleans.

The year 1812 found the Indians generally in their villages. Tenskwatawa, the Prophet, like JEsop's braying donkey dressed in a lion's skin, had proved himself a boasting liar, deserted by all his band. But the indefatigable Tecumseh was ever active, and, though the battle of Tippecanoe was fought without his knowledge, and against his advice, and his plans for uniting all the tribes frustrated, various depredations were committed, and several councils held, in which Tecumseh always took a haughty part, until at last, in June, 1812, he went to Fort Wayne and imperiously demanded ammunition. Ammunition was refused, and the agent made him a conciliatory speech. Tecumseh replied that his "British father would not deny him," and after a few moments' reflection, gave the war-whoop, and lef* for Maiden- where he joined the English.

In the same month war was formally declared between - the United States and Great Britain, of which the West was the principal arena. Opened by the disgraceful surrender of General Hull, by which Detroit, Michigan, and the Canadas were ignominiously given up to the British, followed by defeat in other directions, the national reputation was only regained by a series of brilliant victories achieved by gallant Croghan at Fort Stephenson, Oliver H. Perry on Lake Erie, Harrison at the Thames, and the crowning triumph of Jackson at New Orleans. In all of these glorious records Ohio's sons took a prominent part ; scarcely a battle was fought, not participated in by Ohio troops ; and the words of the immortal Miller, at Lundy's Lane, " I will try, sir," still ring proudly in the ear of every true patriot.

In 1816 the State house and other public buildings, for the accommodation of the legislature and State officers, having been erected, the seat of State government was removed from Chillicothe to Columbus.

The first legislation relating to a canal connecting the Ohio with Lake Erie, took place in January, 1817 ; no further steps were taken until 1819, when the subject was again agitated, but not until 1820 was any tangible proof of the success of the scheme evident. On the recommendation of Governor Brown, an act was passed appointing three Canal Commissioners, who were to employ a competent engineer and assistants for the purpose of surveying the route of the canal. The action of the Commissioners, however, was made dependent upon the acceptance by Congress of a proposition made by the State for a donation and sale of the public land lying upon, and adjacent to, the route of the canal. By reason of this restriction, active measures were delayed for two years.

In 1822 the subject was referred to a committee of tlie House, and its feasibility having been strongly urged, James Geddes, of New York, a skilful and experienced engineer, was employed to make the preliminary examination and surveys.

After all the routes had been surveyed, and the proper estimates laid before the legislature, that body passed an act, February, 1825, providing " for the internal improvement of the State by navigable canals." Immediately after, the State carried out the provisions of the act, in excavating the present canal, which has been of so great value to her commercial interests.

On the 4th of February, also, in 1825, the same act authorized the making of a canal from Cincinnati to Dayton, and the creation of a canal fund ; the vote in the House being fifty-eight to thirteen ; in

During the previous year, the Miami University was established at Oxford, Butler county, Ohio, deriving its endowment from a township of land six miles square in the northwest corner of Butler county, which had been located there in lieu of a township originally granted by the United States, for the endowment of an institution of learning, in Symmes's purchase between the Miamis.

During the years 1836 and 1837, serious apprehensions of a civil war were felt, arising out of the disputed southern boundary of Michigan. The ordinance of 1787 provided that three States should be formed out of the northwest territory, also giving Congress the power to form one or two others north of an east and west line through the head or southern extremity of Lake Michigan. This, at the time Ohio was admitted, was construed to mean that the two said States were not to extend south of the east and west line thus specified, which would include Maumee Bay in Ohio.

Michigan disputed this construction, and when Ohio sent surveyors to fix the line as thus defined, the Michigan territorial authorities organizea an armed force, and drove them out, and stationed a military party on the ground.

Commissioners were sent by the President to the disaffected parties, urging them to await a decision by the proper tribunal ; and when Michigan sought admission into the Union, she was required to recognize the boundary as claimed by Ohio, which she finally did.

In 1837 and 1838, a rupture between the United States and Great Britain was threatened by a revolutionary movement in Canada. Among the States that gave aid and sympathy to this movement, was Ohio, who sent a regiment under the command of Lucius Y. Bierce, of Akron, which engaged the provincial militia in a severe - fight, and eventually cut their way through Windsor, and escaped to Detroit.

In 1839, W. H. Harrison was nominated on the whig ticket, and in the summer and autumn of 1810, a very exciting canvass ensued. It was assumed that inasmuch as Gen. Harrison was an old pioneer, and lived in a pioneer structure, that his latch string was always hanging out, and that a perennial stream of hard cider flowed for all who might apply. As a natural result there was a lively log cabin and hard cider emigration to his home, and much consumption of spirituous liquors, dissipation and drunkenness.

Political History Of Ohio

N"o important events in the history of the State occurred till the second constitutional convention in 1850 and 1851, which, among other things, provided for the election of a lieutenant-governor.

At about this time Ohio had assumed the third rank in the Union. Her population in 1830, numbered 937,903 ; in 1850, 1,980,329 ; in 1860, nothwithstanding a vast emigration to the west and Oregon, it was 2,313,739. Agriculture and manufacturing industries were in the ]iig]iest state of prosperity; free schools gave to every child the means of an education, and this was the prosperous condition of Ohio when Abraham Lincoln was elected President.

In 1861, the seeds of rebellion sown by John C. Calhoun, sprang up and dehigcd our country with a civil war the most devastating that had ever torn through the entrails of any nation on earth. Through the almost prophetic foresight of Gov. S. P. Chase, the militia of Ohio, which had long previously been neglected, were reorganized, and the old rusty cannon only used for Fourth of July celebrations, was brought into requisition, an"d the small arms were brightened up, and in the face of jeering opposition, companies were recruited and drilled in the cities and towns ; and before his second term expired, he had the pleasure of reviewing at Dayton, about thirty companies from different parts of the State, which maintained their organization until consolidated into the First regiment in 1861, participating in the war which followed. As a natural sequence, the militia of Ohio were superior to that of all other States.

Prior to the fall of Sumpter and the insult offered to our country's flag, much political difference existed ; but the blood of Sumpter dis solved all factions, and with few exceptions connected all in patriotism. On April 18, 1861, a bill was passed by a unanimous vote of ninetynine, appropriating $500,000 to carry into effect the requisition of the President. Said sum to be borrowed, and the bonds of the State free from tax and drawing ten per cent interest to be given therefor. Various bills were passed, viz : Declaring the property of volunteers free from execution for debt during their term of service. Any resident of the State giving aid and comfort to the enemy, guilty of treason, to be punished by imprisonment for life, etc. The wliole State militia was organized. Arms or munitions of war were proiiibited from passing through Ohio to any of the disaffected States. The legislature of 1861 nobly met the extraordinary exigencies imposed upon it, and for patriotism, zeal, and cool judgment, proved itself fully the equal of its successors.

tute nothing better than the language of Whitelaw Reid : When Lee surrendered at Appomatox Ohio had two hundred regiments of all arms in the national service.

In the course of the war she had furnished two hundred and thirty regiments, besides twenty-six independent batteries of artillery, five independent companies of cavalry, several companies of sharpshooters, large parts of five regiments credited to the West Virginia contingent, two regiments credited to the Kentucky contingent, two transferred to the United States colored troops, and a large portion of the rank and file of the Fifty-fourth and Sixty-fifth Massachusetts colored. Of these, twenty -three were infantry regiments, furnished on the first call of the President, being an excess of nearly one-half over the State's quota. One hundred and ninety-one were infantry regiments, furnished to subsequent calls of the President, one hundred and seventeen of them for three years, twenty-seven for one year, two for six months, two for three months, and forty-two for -one hundred days; thirteen were cavalry, and three artillery regiments for three years ; and of these, over 20,000 re-enlisted as veterans at the end of their long term of service to fight till the close of the war. As original members of, or recruits for, these organizations, Ohio furnished for the National service the magnificent army of 310,654 soldiers. As comparison, we may say that the older State of Pennsylvania gave only 28,000 more, Illinois 48,000 less, Indiana 116,000 less, and Kentucky 235,000, while Massachusetts was 164,000 less.

Ah through the war Ohio responded in excess to every call, and we may repeat with pride the words of her war governor : " If Kentuck} refuses to fill her quota, Ohio will fill it for her."

Of these troops, 11,237 were killed or mortally wounded in action, B,56H of whom were left dead on the field of battle. Within forty-eight hours after the telegraphic call of the President in April, 1861, two Ohio regiments were on their way to Washington. An Ohio brigade, in good order, covered -the retreat from the first battle of Bull Run. Ohio troops formed the bulk of the army that saved to the Union what subsequently became West Virginia. Also she took the same active part in preventing the secession of Kentucky, the same at Fort Donaldson, Island No. 10, Stone River, Chickamauga, Mission Ridge, Atlanta, Fort McAllister, to the sea, and through the Carolinas and Virginia. They fought at Pea Ridge, charged at Wagner, helped to redeem North Carolina; laid siege to Vicksburg, Charleston, Richmond and Mobile ; at Pittsburg Landing, Antietam, Gettysburg, in the Wilderness, Five Forks, in front of Nashville and

Appomattox Court House, and Corinth ; " their bones reposing on the fields they won, are a perpetual pledge that no flag shall ever wave over their graves but the flag they died to maintain." Their sufferings, their death, will ever be cherished and remembered by tlieir grateful countrymen ; and, as evidences of the veneration in which they are held, we behold the beautiful Home, near Dayton, and the Asylum near Xenia.

Since the war Ohio has steadily advanced in agriculture, manufacturing, and in all commercial directions. Politically she stands in the front ranks, and in the production of Presidents, her soil seems as prolific as the Old Dominion. The Mediterranean State in geographical position, her advantages are fast making her the leading State in our glorious Union.

Early Laws In Ohio

To those who complain of the rigidity of the present law of our State, a glance at some of the punishments inflicted in "ye olden times " for petty offenses will soon dispel any such idea.

In those times, when the present State was governed by the Territorial laws, the court house yards were invariably ornamented with the pillory, stocks and whipping-post. The first law for whipping was made by Governor St. Clair and Judges Parsons and Varnum at Marietta, September 6, 1787, which provided that in case a mob were ordered to disperse, and refused so to do, each person, upon con vie. tion, should be fined in a sum not exceeding three hundred dollars, and 'whipped not exceeding thirty-nine stripes, etc. -

For arson, thirty-nine stripes, put in the pillory, confinement in the jail three years, and forfeiture of property, and in case death was* caused by such crime the offender was punished with death.

If a child refuse to obey his or her parents, or master, on complaint shall be sent to the jail or house of correction until he or she, or they shall humble themselves to the parent's or master's satisfaction; and if any child shall strike his parent, he shall be whipped not exceeding ten stripes.

Introduction

Cheops, Ceplirenes, and the mighty Sphynx, Obelisk of Cleopatra, and ruins of Xochicalco, stand forth as monuments upon which are engraven the mutations of time, the inevitable destroyer of all visible nature, and products of art: into whose Lethean gulf ancient Ilium, Nineveh, Thebes, and all the architecture of distant ages have been plunged in eternal slumber. Nay, the very stars shall cease to shine, the sun eclipsed in gloom, and all nature swallowed up in oblivion. Nothing is immortal, save the soul, which shall outlive the warfare of clashing elements and destruction of worlds. The flight of a single day is perceptibly impressed upon surrounding nature. The faded flower, the withered tree, both speak of something gone. Indeed, the flmty pyramids that so long have opposed the blasts of the desert sands ; the tower that for centuries has withstood the furies of old ocean's winds and waves, finally must yield to the universal destroj^er - time - and, crumbling, moulder to earth, and "doting with age, forget their founder's name." Our lives are but an awakening, transition, sleep, and forgetting. Yet notwithstanding these numerous evidences of the general devastations of time, the soothing voice of resurrection whispers all is not lost ; for -

" See dying vegetables, life sustain ; See life dissolving, vegetate again ; All forms that perish, other forms supply ; By turns we catch the vital breath and die. Like bubbles on the sea of water borne, They rise, they break, and to that sea return."

and what we call death is but transition ; for the book of nature plainly teaches the perpetuity of all created things. As the one grows old and dies, straightway in quick succession springs up the new, nourished by the moldering remains of its ancestor. We, ourselves, may pass away, but ere the eating canker begins its work, closely follows youth again, our second selves. All things new spring from and are nourished by things that have passed away. Not one beauty of nature takes its flight, but in untold centuries hence, by transition leaves behind the freshness of its distant genesis. We should, therefore, preserve and keep fresh, like flowers in water, the transitory fruits of the past, and bind them upon the same stock with the buds of the present.

Through reminiscence we love to dwell upon pleasing objects of the past, and calling them up we seem to gaze upon them one by one as they in panorama pass before us ; meditate upon them, and in imagination, live over again the happy days that are forever gone. Our old and fond associates are once more mingling with us; we enjoy again the life we have left behind; but break the spell, the bubble bursts, and all melts into the past. So in our dreams, the untrammeled intelligence revels amidst the materialized spirits of departed friends. We breathe again the balmy air of youth, and through the endless chain of recollection, link to link, as wave succeeding wave, we hold enchanting communion with the past, and imbibe intoxicating draughts from the sparkling fountain of youth, until we are in fancy transported to the happy realms of the morning of life; and truly has it been said that the mind can make substances, and people planets of its own with beings brighter than have been, and give a breath to forms which can outlive all flesh.

Decaying organisms are by process of petrefaction metamorphosed into everlasting forms, bearing exact identity with their prototypes, through whose interpretation we are enabled to unlock the profoundest mysteries of geognosy. If nature, therefore, has bequeathed to us the key to her created forms, so likewise should we receive, preserve, and keep fresh forever the history of those who suffered so long, endured so much, in order to secure for themselves a resting place, and bequeath to us the beautiful homes we now enjoy, undisturbed by any of the dangers that surrounded our forefathers.

Introduction, 193

they do not pass into tradition, and still fading, through laj^se of time sink forever beneath the wave of oblivion. The labor and embarrassments attendant upon, and research, and patience necessary to the resurrection of moldy facts and ethereal traditions which have so long slumbered in the matrix of obscurity, is little realized save by those who undertake to write a history based upon facts and traditions, w^hose genesis springs from the aboriginal tribes that roamed at large throughout the winding labyrinths of their own primival forests, beneath whose sylvan shades the panting deer lay down in peace ; amidst whose branches the winged choristers built their homes, and chirped their matin songs, caroling with angelic sweet and trembling voices, gently warbling with the murmuring brook and rustling leaves below. The forest patriarchs had not looked down frowning upon the white man's cabin. They stood sentinel above the fragile wigwam of the painted savage, nestled alone within their sequestered shades ; within whose folds the forest maiden gave modest ear to the love song^of the dusky warrior, as he displayed the gory insignia of his prowess which adorned his girdle, and sang the deeds of war and the chase, and with equal ardor woos the maid, or scalps the captive, and burns the victim at the stake,

Original Possessors

While it would transcend our province to trace beyond prehistoric data the original owners of the territory now comprehended within the limits of Fayette County, yet we deem it essential to a perfect elucidation of its complete history that we utilize all the facts within our grasp, and trace tliem until the line fades out in myth.

Therefore, so nearly as can with clearness be ascertained from chaotic masses of documents and traditions, we infer that the first inhabitants belonged to the Algonquin family, the most populous no doubt in the United States; whose language was comparatively uniform throughout all the tribes and subdivisions, very complex, yet capable of lofty flights of oratory, beautiful rlietorical figures, and ill-adapted to light and trifling speech. Inasmuch as there is a great deal of conflicting testimony in regard to the specific tribes comprehended in this great family, we shall, in this connection, state that the territory now called Fayette County, was originally ill the*possessiori of the Twigtwees, culled by the French Miamis, leaving its full discussion to another part of the work. Cursorily we may say, that at the time they were visited by Christopher Gist, the English agent for the Ohio Land Company, in 1751, they were superior in numbers to the Huron Iroquois, with whom they were at deadl}^ enmity. Their country extended on the west as far as the watershed between the Wabash and Illinois. On the north were the Pottawatomies, who were slowly encroaching upon the Miamis, who in turn were gradually extending their western limits into Ohio, and absorbing the territory claimed by the Huron Iroquois ; and according to the best of authority, they were tlie undisputed claimants of Ohio as far as the Scioto.

It appears that the Piankeshaws, or Peanzichias-Miamis, a subdivision of the great Twigtwee confederacy, owned or occupied the southern part of Ohio, including the present territory of Fayette County.

"The Wyandots, long prior to the advent of the English and French, had resided in the territory now embraced in Ohio. In the beginning of the present century they numbered 2,300 persons. In 1841-2 they ceded their lands to the United States commissioner. Col. John Johnston, and removed beyond the Missouri.

In about 1750 the Shawanoes came from Florida, under Blackhoof, and as tenants at will of the Wyandots took possession of the valleys of the Maumee, Scioto, Mad and Miami rivers.

From the fact that the ownership and occupancy of the soil re^ sided first in the Twigtwees, and subsequently in the Wyandots and Shawanoes, it is diflicult to ascertain the exact date or dates at which the Indian title became totally extinct (a full discussion of which will be given in the body of the work).

Thus we have endeavored, in so far as possible, to disentangle from the hetrogeneous mass of uncertainty, the original owners, the extinction of the original title, and the final vesting of the same in such a shape as to lay it open for individual purchase and settlement.

Political And Military History

This county, occupying a portion of the Virginia Military Reservation, reaches hack in its poKtical history into early colonial times, hefore the organization of the general government of the United States, and when all the territory northwest of the River Ohio, extending west to the Mississippi, was clfiimed by Virginia.

In the years 1774 and 1775, before the Revolutionary War began, the thirteen colonies then existing, so far as their relations to one another were concerned, were separate, independent communities, having, to a considerable extent, different political organizations and different municipal laws; but their various population spoke, almost universally, the English language, and, as descendants from a common English stock, had a common interest^and a common sympathy.

In the year 1773, on the 7th day of July, Dr. Benjamin Franklin, then in England, w^rote an official letter to the Massachusetts Assembly, strongly urging a general assembly of the representatives of the people of all the colonies, that they might make such a declaration and assertion of their rights as would be recognized by the king and parliament of Great Britain. Pursuant to this advice a congress, called the First Continental Congress, assembled at Carpenter's Hall, in Philadelphia, on the 5th day of September, 1774, and remained in session until the 26tli day of October, following. A second Continental Congress met on the 10th day of May, 1775. This congress, styled also the revolutionary government, on the 4th day of 'July, 1776, published to the world the Declaration of Independence, and on the 15th day of N"ovember, 1777, agreed to articles of confederation and perpetual union between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

Article I. recited tliat " The style of this confederacy shall be The United States of America;" and Article II. that "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, Avhich is not by this confederation expressly delegated to the United States in congress assembled." These articles of confederation, thirteen in number, which defined the powers and privileges of congress, and the rights of the several states, after their adoption by each state, constituted the supreme law until the adoption of the constitution in 1788. It was under this confederacy that the great discussions arose concerning the disposition of the public lands.

Virginia

The territory of Virginia, granted by the charters of King James I., was very extensive. The first charter authorized a company to plant a colony in America, anywhere between 34° and 41° north latitude, embracing about 100 miles of coast line, and extending back from the coast 100 miles, embracing also the islands opposite to the coast, and within 100 miles of it. The second charter granted to the Virginia Company a much larger territory, extending from Old Point Comfort (a point of land extending into Chesapeake Bay, a little to the north of the mouth of James River), 200 miles north and 200 miles south, along the coast, and thence with a breadth of 400 miles, to the west and northwest, through the continent to the Pacific Ocean. The third charter added to this immense territory all the islands in both the Atlantic and the Pacific oceans, within 300 leagues of either coast. By the treaty of peace between France and Great Britain, in 1763, the Mississippi River was made the western boundary of the British provinces. Thus restricted, the territory of Virginia included all that territory now occupied by Pennsylvania, North and South Carolina, Kentucky, and all the land northwest of the River Ohio.

On the 29th day of June, 1776, just five days before the Declaration of Independence by the United States in congress assembled, Virginia adopted her constitution or form of government, in Article XXI. of which she ceded the territories contained Avithin the charters creating the colonies of Maryland, Pennsylvania, !N"orth and South Carolina, to those respective colonies, relinquishing all her rights to the same, except the right to the navigation of certain rivers, and all improvements that had been or might be made along their shores. But this article affirms that "the western and northern extent of Virginia shall in other respects stand as fixed by the charter of King James I., in the year 1609, and by the published treaty of peace between the court of Great Britain and France, in the year 1763, unless, by act of legislature, one or more territories shall be laid otf, and governments established west of the Allegheny Mountains.'' The charter of King James I., referred to in this article, was the second charter, so that now, on the sea coast, Virginia was restricted to her present limits, but her western boundaries were unchanged. She claimed Kentucky, and all the northwestern territory.

Concerning this northwestern territory there were conflicting claims. New York claimed a portion of it. Massachusetts also asserted a separate claim, and Connecticut, by her grant from the council of Plymouth, in 1630, was to extend westward from the Atlantic Ocean to South Sea,"" or Pacific Ocean. This would take a large portion of the territory included under the Virginia charter. These conflicting claims were never adjusted between the states, but were finally settled, as will soon appear, by cession to the United States in congress assembled.

In 1779 Virginia opened an office for the sale of her western lands. This attracted the attention of the other states, several of which regarded the vacant region in the west as a common fund for the future payment of the expenses of the war for independence, in which the colonies had been engaged. This claim in behalf of the United States was asserted on the ground that the western lands had been the property of the crown. By the treaty of 1763, France had ceded to Great Britain all her possessions in !N^orth America, east of the Mississippi, and naturally these lands would fall, on the declaration of independence, to the opponent of the crown, that is, to the United States in congress assembled, and not to individual states. It was contended, therefore, that it was manifestly unjust that a vast tract of unoccupied country, acquired by the common eflbrts and tlie common expenses of the whole union, should be appropriated for the exclusive benefit of particular states, while others would be left to bear the unmitigated burdens of debt, contracted in securing that independence by which this immense accpiisition was wrasted from Great Britain. These separate claims by the several states were opposed by those states that

On the 25tli day of June, 1778, nearly one year before the opening of the Virginia land office, New Jersey made objection to the confederation, on the ground that the public lands now claimed by Virginia and other states, under ancient charters, should belong to the United States in common, that each separate state might derive a proportionate benefit therefrom.

Maryland instructed her delegates in congress not to sign the articles of confederation, unless an article or articles were added thereto, looking to a cession of the public lands.

The council of the State of Delaware, on the 23d day of January, 1-779, before passing a laAV instructing their delegates in congress to sign the articles of confederation, resolved, that the state was justly entitled to a right in common with the other members of the union to that extensive tract of country westward of the frontier of the United States, which was acquired by the blood and treasure of all, and that it ought to be a common estate, to be granted out on terms beneficial to the United States.

Such were the vigorous protests against the union under the articles of confederation, while Virginia was left a vast empire within the confederacy, a power, as many supposed, dangerous to the liberties of the smaller states; and when Virginia opened her land office for the sale of her western lands, the excitement became more intenseJ Congress, in opposition to the pretensions of all the states claiming lands, as the common head of the United States, maintained its title to the western lands upon the solid ground that a vacant territory, wrested from the common enemy by the united arms, and at the joint expense of all the states, ought of right to belong to congress, in trust for the common use and benefit of the whole union ; hence she earnestly recommended to Virginia, and to all the states claiming vacant lands, to adopt no measures that would obstruct the final cession of such lands to congress. New York was the first to listen to the appeals of the complaining states and to congress. On the 29tli of February, 1780, she authorized her delegates in congress to restrict her western border by such lines as the}' should deem expedient, and on the 20th day of December, 1783, Virginia passed an act authorizing her delegates in congress to convey to the United States in congress assembled, "all the right of this commonwealth to the territory

Virginia Military Survey

"That a quantity not exceeding one hundred and fift}^ thousand acres of land, promised by this state, shall be allowed and granted to Gen. George Rodgers Clark, and to the officers and soldiers of his regiment to be laid oif in such place on the northwest side of the Ohio as a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers in due proportion according to the laws of Virginia. That in case the quantity of good lands, on the south side of the Ohio, upon the waters of the Cumberland River, and between the Green River and the Tennessee, wiiich have been reserved by law for the Virginia troops, upon continental establishment, should prove insufficient for their legal bounties, the deficiency should be made up to said troops in good lands, to be laid oif between the rivers Scioto and Little Miami, on the northwest side of the River Ohio, in such proportions as have been engaged to them by the laws of Virginia."

The land embraced in this reservation, between the Scioto and Little Miami rivers, constitutes the Virginia Military District in Ohio. The district comprehends the entire counties of Adams, Brown, Clermont, Clinton, Highland, Fayette, Madison and Union; and a portion of the counties of Scioto, Pike, Ross, Pickaway, Franklin, Delaware, Marion, Hardin, Logan, Champaign, Clarke, Greene, Warren and Hamilton.

Although this cession jtnd reservation was made in 1783, its definite boundary was not determined until a decision of the Supreme Court was made in reference to it some time in 1824, The Scioto was the eastern line, and A^irginia claimed the right to run the western line of the tract direct from the source of the Scioto to the mouth of the Little Miami. Such a line would run considerably west of some parts of the Little Miami. The source of the Scioto is in the w^estern part of Auglaize County, and a straight line drawn from this point to the mouth of the Little Miami, would have run entirely west of Gi^enc County, and would have included in the Militar}- District, a portion of Auglaize, Shelb}', Miami and Montgomery c(^unties.

the United States and certain Indian tribes, being a part of the boundary of this military district, it is quite important that it be described here. It begins at the mouth of the Cuyahoga and runs south, up that river through the portage between it and the Tuscarawas, down the Tuscarawas to the northern line of Tuscarawas County at its middle point; thence west, bearing a little south, forming the northwestern line of this county to Holmes; passing through Holmes County, it forms the eastern part of the northern boundary of Knox. It then passes through the northwestern part of Knox, through the middle part of Morrow, the southern part of Marion, through Logan, forming the northern line of Lake and Harrison townships, through Shelby County, forming the northern boundary of Salem Township. From a point in the western part of Shelby Count}' the line bears a little to the north of west, and extends through the southern part of Mercer County to Fort Recovery, in the western part of the county; thence it extends in a straight line south, bearing west through the southeastern part of Indiana, to the Ohio River, at a point in Indiana opposite the mouth of the Kentucky River.

In May 1800, congress passed a law for the sale of lands in the western territory which were not included in the Virginia Military District, and in the execution of this law the survej^or general caused a line to be run from the source of the Little Miami toward what he supposed to be the mouth of the Scioto, which is denominated Ludlow's line, and surveyed the lands west of that line into sections as prescribed in the act of congress.

In 1804, congress passed a law concerning the boundary of the Virginia Military District which enacted' that Ludlow's line should be considered the western boundary line of the reserved territory north of the source of the" Little Miami, provided the State of Virginia should within two years recognize it as the boundary of this territor}'. Virginia did not accept the proposition, and the rights of the parties remained as if nothing had been done. Again, in 1812, congress authorized the president to appoint three commissioners to meet three other commissioners, to be appointed by the State of Virginia, who were to agree upon the line of military reserve, and to cause the same to be surveyed. Should the commissioners from Virginia fail to meet them, they were to proceed alone, and make their report to the president. In the meantime, and until the line should be established b}' consent, Ludlow's line should be considered the western boancLary. The commissioners of the United States were met by those of Virginia, at Xenia, on the 26tli da}^ of October, 1812, and proceeded to ascertain the sources of the two rivers and to run the Hue. They employed a Mr. Charles Roberts to survey and mark a line from the source of one river to that of the other. This line is called Roberts' line, and is drawn from the source of the Little Miami to the source of the Scioto. The Virginia commissioners refused to accede to this, and claimed, as has been stated before, that the line should be drawn from the source of the Scioto to the mouth of the Little Miami. On the 11th day of April, 1818, congress passed an act, declaring that from the' Little Miami to the Indian boundary line, established b}' the Greenville treaty, Ludlow's line should be considered as the western boundary of the military reserve. This, however, was the act of only one party to the contract, and did not necessarily determine the boundary. But the subsequent decision of the Supreme Court of the LTnited States, made in 1824, based upon the language in the act of cession defining the phrase, "good lands to be laid off between the Rivers Scioto and Little Miami," to mean. the whole countr}- from their sources to their mouths, bounded on either side by said rivers. It would be clear from this decision that the most direct line from the source of one to the source of the other would complete tfie boundary. This decision of the Supreme Court practically settled the question, and the Ludlow line to the Indian l)oundary, and the Roberts line from the Indian bonijdary, together with a portion of the Indian line itself, became the established boundary line of the Virginia Militar}' District between the sources of the Scioto and Little Miami rivers. The Ludlow line begins at the source of the Little Miami River, in the ijortheast corner of Madison Township, Clarke County, a little more than three miles cast by north from South Charleston, at a point on the Columbus and Xenia Railroad, about a half a mile southwest of the point where the road crosses the county line, and extends north by west through Champaign County, passing about live miles east of Urbana. In Logan County, it runs through the eastern part of Bellefontaine, and strikes the Indian boundary line in the northeast corner of Harrison Township, about three and a half miles north by west from Bellefontaine. From this terminus of the Ludlow line, the Indian boundary line extends west by south along the nortliern border of Harrison Township, about four miles, to the Roberts line.

This Roberts line begins abont one and a half miles east of the northwest corner of Harrison Township, and extends north by west, throngh the middle of Lewiston Reservoir, to a point in a swampy or marshy region, abont a mile and three-fonrths south by east from the center of Wayne Township, in the southeastern part of Auglaize County. Here the line makes very nearly a right angle, and extends in a direction east bj" north about two miles and a half to the eastern limit of Goshen Township, where it terminates in the Scioto River. The original Roberts line must have begun at, or very near, the beginning of the Ludlow line, but its bearing was so far to the west that it ran a little to the west of the Scioto's source. The Ludlow line,,on the other hand, did not bear enough to the west. It ran a little to the east of the source. It was proper, therefore, that a part of both lines, in the absence of a- third survey, should have been made the real boundary.

Early Settlement Of The Ohio Valley

The spirit of adventure with which nature has endowed the human species, nowhere manifests itself so conspicuously as in those men of iron muscle, resolute will and indomitable energy, who left forever the abode of peace and plenty, and encountered all the dangers aud endured the privations incident to the opening new homes in the solitudes of the untrodden wilderness.

A strange infatuation seems to impel man to seek new iields of adventure, andthe greater the danger the stronger the impulse spems to be to meet and conquer it. This, in conjunction with seductive hope, though so often realizing the words of Pope, "that man never is but always to be blessed," conduces very materially to the advancement of civilization, and when we take into consideration the cosmopolitan nature of man, we need not wonder that no part of the world, how wild and uninviting soever, remains inviolate. It was this, coupled with cupiditj^, that led the cruel Pizarro to the subjugation of the Incas of l^eru, Cortez to the bloody struggles with the Aztecs, the conquest of Mexico and the extinction of the Montezumas.

The beautiful scenery, fertility of soil and many other advantages with Avhich nature had unsparingly endowed this charming locality, early attracted the eye of the speculator; in addition to which the country had been previously traversed by the soldiers in tlic early Indian campaigns, who, ol^scrving the hixnriant gl-o^vth of vegetation and many natural advantages here presented, related tabnlous accounts of the picturesfpie features offthe Indian possessions. All kinds of fish abounded in the streams, along whose banks many fur bearing animals made their homes, while the forests teemed with deer, and the gobble of the wild turkey blending inharmoniously with the drum of the pheasant and the shrill whistle of the partridge might be heard in the woods from morning till night. Here the hunter and trapper found a paradise. Here he built his cabin and set his traps, and fished in the streams, and hunted in the forests. Ilere^lie roasted his venison, broiled his fish and baked liis Johnny-cake. For all his pelts and furs, he found a ready market at the English .trading house on the Great Miami, and after its destruction in 1752, at Laramie's Store o;i the creek of the same name, which was the emporium of trade throughout the surrounding country until its destruction in 1782, by General G. R. Clarke.

From the records of history it appears that in the settlement of almost all countries the order seems to be : Fir«t, the soldier; second, the hunter and trapper, tlie squatter, surveyor, and finally the permanent settler.

The marks of edged tools on the trees in the Ohio Valley, give evidence that this region, calculating from the subsequent growth of rings, was visited by white men as early as IGGO, nine years prior to the supposed discovery of the Ohio by LaSalle. Tradition also imforms us that in the year 1742, one John Howard sailed down the Ohio in a canoe made of a butfalo skin, and was captured* on the Mississippi by the French. The French, however, as early as 1749, controlled the trade of this- country and sought to establish their title by planting plates of metal at the mouth of every principal stream emptying into the Ohio; one of which was found at the mouth of the Muskingum, bearing date August 16, 1749, a l>articular acecnint of which, by DeWitt C-linton, may l)e found in Am. Ant. Soc, 535. But this puerile attempt utterly tailed; and in the same year the English built a trading house on the Great Miami at the mouth of Laramie's Creek, called Pickawillany. The French, jealous of English intrusion, erected a line of fortifications along the Ohio and towards the lakes, and in 1752 demanded of the Twigtwees the surrender of the trading post mentioned above, which being refused, they, in conjunction with the Ottawas and

Chippewas, captured and destroyed it, killed fourteen Indians and carried the English to Canada, and even burned some at the stake. These traders wePe supposed to have been froni Pennsylvania, from the fact that in Dr. Franklin's history of the same he mentions that this State sent the Twigtwees a gift of condolence for those slain in defense of Pickawillany. Although this battle was participated in by two nationalities, no more serious results flowed from it than a series of diplomatic maneuverings with a view to securing the permanent possession of the debatable lands.

As a matter of special interest, we shall give a brief description of the manner of obtaining, locating, and surveying the territory which we now occupy.

The military warrant upon which the entries were made, were issued by Virginia as bounties to her oflicers and soldiers of the continental line, as well as to General George R. Clarke and his army, and which entitled the holder to the number of acres named therein. These were filed with the principal surveyor, who was paid for receiving them.

The first step towards obtaining land by warrant is by entry, or the appropriation of a specified quantity of land by the owner of the warrant. The next step is the survey, which designates the land by metes and bounds. Surveys were returned to the chief surveyor, with a plat of the land and boundary lines, signed by the deputy surveyor, who executed it, as well as by the chainmen and markers, which was recorded, and together with the sealed certificate of the surveyor and the warrant, were delivered to the owner, who could then obtain a patent from the President of the United States.

Three assistant surveyors, with himself making the fourth, were generally engaged at the same time in making surveys. To each surveyor was detailed six men, which made a mess of seven. Every man had his prescribed duty to perform. Their plan of operations was somewhat thus: In front went the hunter, who kept in advance of the surveyor two or three hundred yards, looking for game, and prepared to give notice should any danger from Indians threaten. Then followed, after the surveyor, the two chainmen, marker, and pack-horse men with the baggage, who always kept near each other, prepared for defence in case of an attack. Lastly, two or three hundred yards in the rear came a man called the spy, wliose duty it was to keep on the back track, and look out lest the party in advance might be })ursued or attacked by sur[)rise. Eacli man, tlie snrve^'or included, carried his rifle, blanket, and such other articles as were necessary on such an occasion. On the packhorse was carried the cooking utensils and provisions that could be conveniently taken. Nothing like bread Avas thought of. Some salt was taken, to be used sparingly. For subsistence they depended solely on the game which the woods aftbrded, procured by their own rifles. Thus was the larger number of the surveys nuide in the Virginia district, and thus was the territory of Fayette surveyed.

Early Surveyors

In the winter and spring of 1787, Major John O'Bannon and. Arthur Fox, two enterprising surveyors of Kentucky, explored the Virginia reservation with a view to making entries so soon as the law would permit. They traversed along the Ohio, Scioto and Miami rivers, as well as many of their tributaries. August 1, 1787, Col. K. C. Anderson, chief surveyor, opened a land oflice, and shortly after large portions of the bottom lands of the Ohio, Scioto and Little Miami were entered. These entries were in violation of the deed of cession by whicli it was provided that the deficiencies of lands southwest of the Ohio should be ascertained and stated to congress. This prohibition was removed in 17^0, aud entries became valid. This region was now greatly coveted, yet many difliculties were in the way - Indian wars, high price of lands, and exorbitant prices required by surveyors.

The pioneer surveyor in this district was Nathaniel Massie, then twenty-seven years old. lie had been in Colonel Anderson's oflice, and was familiar with the details of the business. He had also been in the West for six years. In 1790 he entered iuto an agreement with certain parties for the settlement of Manchester. Col. I\. C. Anderson, the principal surveyor of the Virginia military lands, had control of the land warrants placed in his hands for entry by his companions in arms. A large number of these he gave to Massie to survey and enter upon snch terms as he conlcl arrange with holders. The dangers to be encountered and the desire to locate the best lands enhanced the value of his services, and he therefore was enabled to retain one-third or one-half of the lands located, for his fees.

In 1793 he made an expedition to the Scioto, an enterprise beset with dangers appalling to any other save the intrepid man who determined to face them. Emplo^-ing about thirty men, and choosing John Beasley, l^athaniel Beasley and Peter Lee as assistant surveyors, and Duncan McArthur as chainman, he, in the mouth of October, procured canoes, set out on the perilous undertaking, and proceeded up the Ohio to the mouth of the Scioto, up that river to the mouth of Paint Creek, where they began operations; and surveys were made along the Scioto as far as Westfall, on the main and north branches of Paint Creek, and lioss and Pickaway were explored and partially surveyed. In 1793-4 he resumed his work, and explored Paint and Clear creeks to their sources. It seems tliat no surveys Avere made at this time, the sole object being to obtain fi correct knowledge of the geography and topography of the country. Having thus made himself acquainted with the country, in the winter of 1794-5 he organized a strong body to prosecute the surveying enterprise on an extensive scale. The same assistants were again employed, and fully armed and equipped to contend with the Indians if need be, the party set out from Manchester, taking the route of Logan's trace, halting at a spot on Todd's fork of the Little Miami, called the "Deserted Camp," where they began surveying, moving along the Miami to Oldtown, in Greene County, from which they surveyed along Massie's and Cesar's creeks -nearly to the present line of Fayette. It is said that during this expedition, which was in the winter, the party were without bread for thirty days. A pint of flour was each day given to the mess to thicken the broth in which meat had been boiled. The snow fell to the depth of eight or ten inches. When no immediate danger threatened, these men assembled around the camp tire at night. AYlien night approached, four tires - one for each mess - were made for cooking, around which, till sleeping time arrived, the company passed the hours in social glee, singing songs and telling stories. When danger was not imminent or apparent, they were as merry a set of men as ever assembled. Resting time arriving, Massie always gave the signal and the whole party would then leave their comfortable fires, carrying tlicir blankets, firearms and baggage, and walk in perfect silence two or three lumdred yards from the old camp, scrape away the snow and hnddle down for the night. Each mess formed one bed, spreading on the gronnd one-half of the blankets, reserving the other lialf for covering, which were fastened together by skewers to prevent tliem from slipping off. Thus prepared, the wdiole party, with tlieir riHes in their arms and their pouches for pillows, crouched down, spoon fashion, with three- heads one way and four tlie other, their feet extending to about the middle of their bodies, one nearly solid mass, so that when one turned all turned, or the close range would be broken and the cold let in. In this way they lay till broad daylight, no noise nor scarce a whisper being uttered during the night. . When it was perfectly light, Massie would call up two of the men in wliom he had the most confidence, and send them on a reconnoitering circuit around the fires, lest an ambuscade might have been formed by the Indians to destroy the party as they returned to them. Thus were made the original surveys, thus were the dangers met and overcome, thus was the country wrested from the hand of nature and the initial steps taken toward the perfect development of the present.

The first portion of land entered within the territoi-y of what is now Fayette County, was a part of survey JSTos. 243 and 772 in one ti-act, lying partly in Clinton, extending in a triangle into Fayette, southwest of No. 6,623, in the southwestern part of Concord.

The next is a part of No. 428, extending into the extreme southeastern part of the count}-, and the first survey lying wholly within the county is No. 463^ in the northern and eastern part of what is tiow Madison Township, surveyed for Thomas Overton by John O'Bannon, June 30, 1796 ; John Hamilton and Joshua Dodson, chain carriers, and Edward Mosby, marker. This tract contained 1,333^ acres, and was a part of military warrant No. 44. It was located northwest of the Ohio on Deer Creek, a branch of the Scioto, "Beginning at three white oaks and an elm, southwest corner to James Currie's survey (471) running east 320 poles, crossing Deer Creek at 148 poles to a hickory and two black oaks, southeast corner to Currie, thence south 8, west 597 poles, crossing the creek at 174 poles to a stake, thence north 16, east 615 to the beginning."

Numbering Of Surveys

Ill examining a map of the Virginia Military District, the irregularity of the surveys will be observed, while on the west side of the Little Miami they are regular. All the public lands outside the military district were surveyed regularly, according to act of congress passed May 18, 1796. By this act a surveyor general was appointed, whose duty it was, by himself and through deputies, to survey the unreserved and unpatented public lands, by running north and south lines according to the true meridian, and east and w^est, crossing the former at right angles, so as to form townships each six miles square, and sections each one mile square. On the other hand, lands within the military district were not survej^ed pursuant to any order of government at any particular time, nor in accordance with any definite plan.

The land was entered by persons holding land warrants, issued by the State of Virginia to her soldiers in the continental army, and in the army of General George Rodgers Clarke. In the majority of cases the original owners of these Warrants did not themselves enter the lauds, but other parties purchasing them, in many instances one person purchasing a number of them, located the aggregate amount in one or more tracts in whatever part of the territory he chose, provided it had not been previously entered. It was necessary only that it should be surveyed by a surveyor regularly and legally authorized to perform this work. These surveys were numbered in the order in which the tracts of land surveyed were entered, the survey taking its number from the entry. It frequently occurs that a survey having a higher number was nuide at a much earlier date than that having a lower number; but in every case the tract having the lower number was entered first. Thus, survey No. 463 was surveyed June 30, 1796, while survey No. 932 was surveyed March 18, 1794, nearly two years prior to No. 463.

By examining a map of this district, it will be observed, also, that some surveys have several numbers. Thus: John Nichols, Nos. 6281 and 6332, in Concord; Nos. 7267, 7657, and 7890, for northern part of Paint. In these, we observe in the first, two, and in the two latter, three difierent entries, all surveyed into one tract.

Conversely, we also observe in many cases, the same number of entry surveyed into two tracts. Thus, entry No. 669, (;f 1,000 acres, was surveyed into two tracts, one of 600, for Daniel Clark, and the other of 400 acres, for James Dougherty, found in the southern part of Wayne Township. These were surveyed by j^athaniel Massie, Itotli on the same day, March 13, 1795; returned to the land oftice, examined and recorded, the former July 3, the latter July 4, 1795. In looking over the old records of these surveys, two dates will be noticed; for instance, in No. 463, June 30, 1796, July 8, 1796. The survey wlieu made was dated, then returned to the land office, examined, and recorded at the time of the second date.

First Settlement Upon The Virginia Reservation

In the winter of 1790, Nathaniel Massie, in order to be in the center of his surveying operations, determined to make a settlement within the reservation. Accordingly, he olfered each of the first twenty -live families in Kentucky, one in and one out lot, and one; hundred acres of land, provided they would settle in a town he intended laying off. To this proposition more than thirty families acceded. After some consultation, the bottom on the Ohio, opposite the lower of the Three Islands, was chosen, the station fixed and laid off into lots, which i.s now known as Manchester, in Adams County, about twelve; miles above Maysville, Kentucky. The only neighboring settlements at this time were Columbia, below the mouth of the Little Miami, eight miles from Cincinnati, and the French settlement of Gallipolis, near the mouth of the Creat Kanawha.

In the spring of 1795 an abortive attempt to locate a town in this valley, was made by Nathaniel Massie. In ]SIarch, 1796, %notlier party, under the same leader - some going by way of the Ohio, and up the Scioto in boats, while others went by land - met at what is since known as Dutch Station, at the mouth of Paint Creek, and, and on the first of April they began to erect cabins and plant their crops. In the meantime, Massie had selected a location for the town on a large tract of land owned by himself, and containing two hundred and eighty-seven in and one hundred and sixty-nine out lots. After the boundaries of the lots, streets, and alleys were defined by blazing the trees, the embryo city was named Chilli cotlie.

Capture Of Andrew Ellison

One beautiful spring morning a thrilling incident occurred in the little station of Manchester, which threw the settlement into consternation ; and as the parties concerned belonged to and passed through this region of country, and likely from the route taken through this comity, we insert it here :

One morning Ellison Avent out from the fort to throw some logs together in his little clearing, which he had been burning. When he had about finished, and the heaps began to blaze, he observed, while passing from one to the other, three men approaching him. Supposing them to be some of his neighbors he paid no attention to them, although, said he, "they were dark-skinned fellows, I thought they were the Wades, who were dark skinned, going out early to hunt." He continued his work until one of them seized him by the arms and said in broken English, " How do ; how do, broder ?" He immediately whirled, and on facing them to his horror found himself in the clutches of three stalwart Indians. Resistance was both useless and dangerous. He therefore quietly submitted to his fate. They hurridly moved off with him in the direction of Paint Creek. In the meantime his breakfast was ready at his cabin, and his wife sent one 6f the children to summons him. The little fellow searched for his father, but came back without finding him. Supposing he had gone out to kill a deer, no immediate alarm was caused by his absence. Dinner time arrived, and his continued absence caused unneasiness to his now anxious wife. His rifle was found hanging in its accustomed place. The alarm increasing, a search was instituted, and the tracks of foi*r men, one of whom wore shoes, was found, leading away from the station, and the awful truth burst upon the poor wife and mother that her husband was a prisoner in the hands of the savages. It was nearly night when this discovery was made, and the party returned to the station. Early the next morning Massie and his party started in pursuit, which, owing to the scarcity of vegetation, and the percaution of the wily savages to keep on high, hard lands, where their feet would leave little or no impression, was slow and laborious. But Massie and his men were as unerring as well-trained blood-hounds, and followed the trail to Paint Creek, when finding the Indians gaining on them so rapidly that further pursuit was useless, they returned to the station. The Indians took their prisoner directly to Upper Sandusky - evidently passing through the territory of this county - where he was compelled to run the gauntlet, and being large and clumsy he received a severe flogging as he passed through the lines. After this he was taken to Lower San'dusky, where he ran the gauntlet again ; then to Detroit, where he was generously ransomed by a British officer, who sent him to Montreal, whence he came home during the summer of the same year.

"Immigrants poured in from dilFerent parts, cabins were put up in every direction, and women^ children, and goods, tumbled into them. The tide of immigration flowed like water through a breach in a mill-dam. Everything was bustle and confusion, and all at work that could work. In the midst of all this the mumps, and perhaps one or two other diseases, prevailed, and gave us a seasoning. Our cabin had been raised, covered, part of the cracks chinked, and part of the floor laid, when we moved in on Christ- .mas day. There had not been a stick cut, except in building the cabin. We had intended an inside chimney, for we thought the chimney ought to be in the house. We had a log put across the whole width of the cabin for a mantel; but when the floor was in we found it so low as not to answer, and removed it. Here was a great change for my mother and sister, as well as the rest, but particularly my mother. She was raised in the most delicate manner, in and near, London, and lived most of her time in affluence, and always comfortable. She was now in the -wilderness, surrounded by wild beasts, in a cabin with half a floor, no door, no ceiling overhead, not even a tolerable sign for a fire-place, the light of day and the cliilling winds of night passing between every two logs in the building; the cabin so high from the ground that a bear, wolf, panther, or an}^ other animal less in size than a cow, could enter without even a squeeze. Such was our situation on Thursday and Thursday night, December 25, 1800, and which was bettered but by very slow degrees. We got the rest of the floor laid in a very few days; the chinking of the cracks went on slowly,' but the daubing could not proceed till weather more suitable, which happened in a few days ; doorways were sawed out, and steps made of the logs, and the back of the chimney w^as raised up to the mantel, but the funnel of sticks and clay was delayed until spring. Our family consisted of my mother, a sister of twenty-two, my brother, near twenty-one and very weakly, and njyself, in my eleventh year. Two years afterward black Jenny followed us, in company with my half-brother Richard and his family. She lived two years with us in Ohio, and died in the Avinter of 1803-4.

"In building our cabin, it was set to front the north and south, my brother using my father's pocket compass on the occasion. We had no idea of living in a house that did not stand square with the earth itself. This argued our ignorance of the comforts and conveniences of a pioneer life. The position of the house, end to the hill, necessarily elevated the lower end, and the determination of having a north and south door added much to the airiness of the domicil, particularly after the green ash puncheons shrunk so as to have cracks in the iloor and doors from one to two inches wide. At both the doors we had high, unsteady, and sometimes icy steps, made by piling up the logs cut out of the wall. We had, as the reader will see, a window (if it could be called a window, w^hen, perhaps, it was the largest spot in the top, bottom, or side of the cabin at which the wind could not enter). It wjis made by sawing, out a log, placing sticks across, and then, by pasting aji old newspaper over the hole, and applying some hog's lard, we had a kind of glazing which shed a most beautiful and mellow light across the cabin when the sun shone on it. All other light entered at the doors, cracks, and chimney. Our cabin w'as 24x18. The west end was occupied by two beds, the center of each side by a door, and here our symmetry had to stop; for on the opposite side of the window, made of clapboards, supported on pins driven into the logs, were our shelves. Upon these shelves my sister displayed, in ample order, a host of pewter plates, basins, d;shes, and spoons, scoured and bright. It was none of your new-fangled pewter, made of lead, but the best London pewter, on which you could hold your meat so as to cut it Avithout slipping, and without dulling your knife. But, alas ! the days of pewter plates and sharp dinner knives have passed, never to return. -

Life In The Woods

above, Ave could asceiul. Our chimney occupied most of the east end; pots and kettles opposite the window, under the shelves; a gun on hooks over the north door; five split-bottom chairs, threelegged stools, and a small 8x10 looking-glass sloped from the wall over a large towel, and a pair of tongs, made in Frederick, with one shank straight, as the best manufacture of pinchers and bloodblisters, completed our furniture, except a spinning-wheel, and such things a;S were necessary to work. It was absolutely necessary to have three-legged stools, as four legs of anything could not all touch the floor at the same time.

"The completion of our cabin went on slowly. The season was inclement; we were weak-handed and weak-pocketed; in fact, laborers were not to be had. We got our chimney up breast high. Our house never was daubed on the inside, for my sister, who was very nice, would not consent to "live right next to the mud." My impression now is, that the window w^as not constructed till spring, for until the sticks and clay were put on the chimney, we could possibly have no need of a window, for the flood of light which always poured into the cabin from the fire-place would have extinguished our paper window, and rendered it as useless as the moon at noonday. We got a floor laid overhead as soon as possible, perhaps in a month ; but when it was laid the reader will readily conceive of its imperviousness to wind or weather, when we mention that it was laid of loose clapboards, split from a red oak, the stump of which may be seen beyond the cabin. That tree gree grew in the night, and so twisting, that should each board be laid on two diagonal I3' opposite corners, a cat might have shook every board on our ceiling.

" It may be well to inform the unlearned reader that clapboards are such lumber as pioneers split with a frow, and resemble barrel staves before they are siiaved, but are split longer, wider, and thinner; of such our roof and ceiling were made. Puncheons were plank made by splitting logs to about two and a half or three inches in thickness, and hewing them on one or both sides with the broad-ax; of such our floors, tables and stools were manufactured. The eave-bearers are those end logs which project over to receive the butting-poles, against which the lower tier of clapboards rest in forming the roof. The trapping is the roof timbers, composing the gable end and the ribs, being those logs upon which the clapboards lie. The trap-logs are those of unequal length above the eave bearers, which form the gable ends, and upon which the ribs rest. The Aveight-i>olos are those small logs laid on the roof. The knees are pieces of heart timber, placed above the bntting-poles successively, to prevent the weight-poles from rolling

"The evenings of the iirst winter did not pass oiF as pleasantly as evenings afterward. We had raised no tobacco to stem and twist, no corn to shell, no turnips to scrape; we had no tow to spin into rope yarn, nor straw to plait for hats, and we had come so late we could get but few walnuts to crack. We had, however, the Bible, Georo-e. Fox's Journal, Berkeley's Apology, and a number of books, all better than much of the fashionable reading of to-day, from which, after perusing, the reader finds he has gained nothing, while his understanding has been made the dupe of the writer's fancy - that while reading he had given himself up to be led in mazes of fictitious imaginations, and losing his taste for solid reading, as frothy luxuries destroy the appetite for wholesome food. To our stock of books were soon afterward added a borrowed copy of the Pilgrim's Progress, which we read twice through without stopping. The first winter our living was truly scanty and hard; but even this winter had its fehcities. We had part of a barrel of flour which we had brought from Fredericktown. Besides this, we had part of a jar of hog's lard brought from old Carolina ; not the tasteless stuff which now goes by that name, but pure leaf lard, taken from hogs raised on pine roots and fattened on sweet potatoes, and into which, while rendering, were immersed the boughs of the fragrant bay tree, which imparted to the lard a rich flavor. Of that flour, shortened with this lard, my sister, every Sunday morning, and at iw ofhrr time, made short biscuit for breakfast; not those greasy, gumelastic biscuit we mostly meet with now, rolled out Ivith a pin, or cut out with a cutter, or those that are, perhaps, speckled with or pufi'ed up with refined lye called salaratus, but made out, one by one, in her fair hands, placed in neat juxtaposition in a skillet or spider, pricked with a fork to prevent blistering and baked before an open fire - not half baked and half stewed in a cooking stove.

" In the ordering of a good Providence the winter was open, but windy. While the wind was of great use in driving the smoke and ashes out of our cabin, it shook terribly the timber standing almost over us. W^e had never seen a dangerous looking tree near a dwelling, but here we were surrounded by the tall giants of the forest, waA'ing their bongbs and iiniting their brows over us, as if in defiance of our disturbing their repose and usurping their long and uncontended pre-emption rights. The beech on the left often shook his bushy head over us as if in absolute disapprobation of our settling there, threatening to crush us if we did not pack up and start. The walnut over the spring branch stood high and straight; no one could tell which way it inclined, but all concluded that if it had a preference, it was in favor of quartering on our cabin. We got assistance to cut it down. The axeman doubted his ability to control its direction, by reason that he must necessarily cut it almost off before it would fall. He thought by felling the tree in the direction of the reader, along near the chimney, and thus favor the little lean it seemed to have, would be the means of saving the cabin. He was successful. Part of the stump still stands. These, and all other dangerous trees, were got down without other damage than many frights and frequent desertions of the premises by the family while the trees were being cut. The ash beyond the house crossed the scorf and fell upon the cabin, but without damage.

"The monotony of the time for several of the first years was broken and enlivened by the howl of wild beasts. The wolves howling around us seemed to mourn their inability to drive us from their long and undisputed domain. The bears, panthers and deer seemingly got miffed at our approach, or the partiality of the hunters, and but seldom troubled us. One bag of meal would make a whole family rejoicingly happy and thankful then, when a loaded East Indiaman will fail to do it now, and is passed off as a common business transaction without ever once thinking of the Giver, so independent have we become in the short space of forty years ! Having got out of the wilderness in less time than the children of Israel, we seem to be even more forgetful and unthankful than they. When spring was fully come, and our little patch of corn, three acres, put in among the beech roots, which at every step contended with the shovel-plow for the right of soil, and held it, too, we enlarged our stock of conveniences. As soon as bark would run (peel off) we could make ropes and bark boxes. These we stood in great need of, as such things as bureaus, stands, wardrobes or even barrels, were not to be had. The manner of making rope of linn bark, was to cut the bark into strips of convenient length, and water-rot it in the same manner as rotting flax or hemp.

When this was done the inside bark would peel off and split np so fine as to make a considerably rough and good-for-but-little kind of a rope. Of this, however, we were very glad, and let no ship owner with his grass ropes laugh at us. We made two kinds of boxes for furniture. One kind was of hickory bark with the outside shaved off. This we would take off all around the tree, the size of which would determine the calibre of our box. Into one end we would place a flat piece or puncheon, cut round to fit in the bark, which stood on end the same as when on the tree. There was little need of hooping, as the strength of the bark would keep that all right enough. Its slirinkage would make the top unsightly in a parlor now-a-days, but then they were cousidered quite an addition to the furniture. A much finer article was of slippery elm bark, shaved smooth, and with the inside out, bent round and sewed together where the ends of the hoop or main bark lapped over. The length of the bark was around the Idox, and inside out A bottom was made of a piece of the same bark, dried flat, and a lid like that of a common band-box, made in the same way. This was the finest furniture in the ladies' dressiug-room, and then, as now, with the finest furniture, the lapped or served side was turued to the wall, aud the prettiest part to the spectator. They were usually made oval, and while the bark was green were easily ornamented with drawings of birds, trees, etc., agreeable to the taste aud skill of the fair manufacturer. As we belonged to the Society of Friends, it may be fairly presumed that our band-boxes were not thus ornamented.

"We settled on beech land, which took mucli labor to clear. We coukl do no better than to clear out the smaller stuiF, and burn the brush, etc., around the l)eeches, which, in spite of the girdling and burning which we could do to them, would loaf out the first year, and often a little the second. The land, however, was very rich, and would bring better corn than might be expected. We had to tend it with the hoe; that is, to chop down the nettles, the waterweed, and the touch-me-not. Grass, coreless, lambs-quarter, and Spanish needles, were reserved to pester the better prepared farmer.

" We cleared a small turnip-patch, which we got in about the 10th of August. We sowed in timothy seed, which took well, and the next year we had a little hay besides. The tops aud blades were also carefully saved for our horse, cow, aud two sheep. The turnips were sweet and good; and in the fall we took care to gather walmits and liickory-mit.^, which were ahiiiuhint. These, with the turnips, which we scrajied, supplied the phice of fruit. I liave always been partial to scraped turnips, and could noAV beat any three dandies scraping them. Johnny-cake, also, when we liad meal to make it of, helped to make up our eyening's repast. The Sunday morning biscuit had all eyaporated, but tlie loss was partially supplied by the nuts and turnips. Our regular supper was mush and milk, and liy the time we had shelled our corn, stemmed tobacco, and plaited straw to make hats, etc., the mush and milk had seemingly decamped from the neighborhood of our ribs. To relieye this difficulty, my brother and I would bake a thin Johnnycake, part of which we would eat, and leaye the rest till morning. At daylight we would eat the balance as we walked from the house to work.

"The methods of eating mush and milk were yarious. Some would sit around the pot, and eyery one take therefrom for himself. Some would set a tal)le, and eacli haye liis tin cup of milk, and with a pewter spoon take just as mucli mush from the dish or pot, if it were on the table, as he thought would till his mcMitli or throat, then lowering it into the milk would take some to wash it down. This method kept the milk cool, and by frequent repetitions the pioneer would contract a faculty of correctly estinuiting tlie proper amount of each. Others would mix mush and milk together.

"To get grinding done Ayas often a great difficulty, by reason of the scarcity of mills, the freezes in winter, and drouths in summer. We had often to manufacture meal [irlioi ire JkkI rnni) in any way we could get the corn to pieces. We soaked and p(Minded it: we shayedit; we planed it; and, at the proper season, we grated it. Wlien one of onr neighbors got a hand-mill, it was thought quite an acquisition to the neighborhood. In after years, when in time of freezing or drouth we could get grinding by waiting for our turn no more than one day and a night at a horse-mill, Ave thought ourselves happy. To saye meal, we often made pumi>kin bread, in Avhich, when meal Avas scarce, the pumpkin Avould so predominate as to render it next to. impossible to tell our bread from that article, either l)y taste, looks, or the amount of nutriment it contained. Salt Avas tiA'e dollars per bushel, and Ave used none in our corn bread, Avhich Ave soon liked as Avell Avithout it. Often has the SAveat run into my mouth, Avhich tasted as fresh and Hat as distilled

" We had no candles, and cared but little about them, except for summer use. In Carolina we had the real fat light wood - not merely pine knots, but the fat, straight pine. This, from the brilliancy of our parlor, of winter evenings, might be supposed to put, not onlj-^ candles, lamps, camphene, Greenough's chemical oil, but even gas itself, to blush. In the West we had not this, but my business was to ramble in the woods every morning for seasoned sticks, or the bark of the shelly hickory, for light. 'Tis true that our light was not as good as even candles, but we got along without fretting, for we depended more upon the goodness of our eyes than we did upon the brilliancy of the light."

Indian Wars

In the country northwest of the Ohio, many tribes of Indiana roamed at large through the primitive forests, imbued, by the incursions of the white man, with feelings of bitter hostility towards any further progress of his hated enemy, among whom were the Deiawares on Beaver Creek, Cuyahoga and Muskingum, whose towns contained about GOO individuals ; about 300 Shawanoes who dwelt on the Scioto, Muskingum and adjoining country , the Twigtwees, Piankeshaws and Miamis, dwelling along the Miami river audits tributaries, all of whom looked with a jealous eye upon the advancing tide of immigration, which was so soon to convert his liunting grounds into waving fields of grain, and replace his wigwam by the more imposing structures of civilization. "We need not wonder therefore, that upon every provocation, how slight so-ever, his ever ready tomahawk sought its victim, his knife leaping from its sheath to circle round the head of his eneni}-.

The rival claims of England and France for the possession of the country, graduall}^ led to a long and bloody war, involving the colonies and Indian tribes, who espoused the cause of the nation offering the strongest inducement.

As early as 1749, the whole Miami valley became the arena of sanguinary contention between the two nations and their Indian allies, on both sides. The French rested their claims upon the explorations of Marquette and La Salle, actual occupation, and the construction of the treaties of Ryswick, Utrecht, and Aix La Chapelle ; while on" the other hand, the English claimed prior occupation, a construction of the same treaties favorable to them, and direct cession by the Aboriginal owners. Their discovery conveyed no equitable ownership, however, and was disregarded by both powers. The Indian title being totally ignored, led them to inquire : "Where are the Indian lands, since the French claim all on the north side of the Ohio, and the English all on the south side of it?"

The English colonies were agricnlturalists, and of a permanent nature ; while the French were mostly traders, soldiers, and missionaries. Tlius it followed, that the French hecame, through miscegenation, more thoroughly incorporated with the Indian tribes, and wielded a greater influence over them than the English; giving rise to the old proverb, that the "French knew how to give gifts to the Indians." Through her traders and missionaries, therefore, France was familiar with all the Indian tribes before theEngHsh explored beyond the mountains. The French, perfectly cognizant of the vast wealth of the new country, and the lucrative traffic to be carried on with the Indians, were induced at an early period to establish a line of quasi military trading posts among the Indians on the Ohio and its tributaries, and to preserve the possession so obtained, they began the erection of forts extending from Canada to Louisiana. To counteract this bold step of the French to possess themselves of the country and its rich resultant emoluments. England gave to an association of gentlemen in Great Britain and Virginia, (under the title of the "Ohio Land Company") the privilege of locating and holding in their own right and title, 600,000 acres of land within the country then under contention between England and France. In pursuance of this arrangement, according to Western Annals, in the fall of 1720, the Ohio Company sent out Christopher Gist with instructions to examine the passes, trace the courses of the rivers, mark the falls, seek for the most valuable lands, observe the strength, and conciliate the Indian tribes. Accordingly he visited Logstown. Received with jealousy, he proceeded to the Muskingum, found a village of Ottawas friendly to the French, and a village of Wyandots divided in sentiment. Next he passed to the Shawanoes towns on the Scioto, was assured of their friendship, then crossed the Miami Valley, reporting that "nothing was wanting but cultiva- ' tion to make it a most delightful country." The land was secretly surveyed, locations made in the most valuable sections, the Indians were conciliated, and trading posts were established. The true motives of the company were soon revealed through cupidity and jealousy, and tlie French actually seized and imprisoned the English traders, and estal)lished a line of military posts from Presque Isle to the Ohio river. Following this, at the suggestion of Washington, the Oliio Company erected a stockade at the confluence of the Monongahela and Alleghany; before the work was complete however, they were dispersed by the French, who took possession of the place, and erected Fort du Quesne. These hostile movements were follow-

The defeat of Braddock opened the flood-gates for the inroads of the savages along the borders of the northwest, who murdered and scalped the colonists in the valleys by the scores during the years 1755, 1756, and 1757.

In 1758, expeditions were sent out to capture Fort Du Quesne. On approaching it, the French set lire to it and retired. The English took possession, rebuilt it, and named it Fort Pitt, now Pittsburgh. This rendered feasible the scheme of Pitt for the reduction of Canada. Predeaux was to attack Niagara, Amherst, Ticonderoga and Crown Point, and Wolf, Quebec, which latter surrendered September 18, 1759, and gave Canada to the English. During this, the tide of emigration was slowly pushing further into the frontiers of Pennsylvania and Virginia, and traders once again entered the wigwams of the Indians, who anxiously watched the movements of the two nations.

With the surrender of Fort Du Quesne and Niagara, open hostilities between England and France ceased in the west. On the 8th of September, 1760, Canada was surrendered to the English. On the fuilure of peace negotiations, France and Spain united to check the advance of English power, which proving futile, a treaty of peace was signed November 3, 1762, and ratified at Paris, February, 1763, at which, to retain Havana, Spain ceded Florida to England, and to reinstate Spain, France secretly ceded all of Louisiana west of the Mississippi to Spain.

While the casus bdli between the two nations was settled, the Indians, who had generally espoused the cause of France, were by no means satisfied. In the breast of the Indian, the seeds of hatred for the English, early sown by the French, took ready root, and, nurtured by the same, grew into implacable animosity; therefore the task of spreading her authority over the savage hordes of the west, and securing peace to the colonies, was both difficult and dangerous. Foreseeing the inevitable destruction of his peo[)le unless the French were victorious, and the English driven from the soil, in 1762 the great Ottawa chief, Pontiac, sent messengers, with black wampum and red tomaliawk, to all the surrounding tribes, notifying them that on a certain day a simultaneous attack would be made on all the Enghsh posts, followed by a general onslaught upon the whole border. Pursuant to this, a grand council was held April 27, 1763, at the river Ecorces, at which Pontiac delivered a fiery speech, appealing to tlieir superstition, their manhood, and their hravery, and portrayed the wrongs they had suftered. The chiefs hstened, and burned for revenge ; the day was set, and each tribe eagerly awaited the bloody moment.

The history of Detroit, Major Gladwin, the l)eautiful Ojil^away girl through her love revealing the plans of the Indians, the shortened guns, the entrance of Pontiac and his chiefs, their apprehen- . sions at the bristling appearance of the garrison, the signal of the wampum, the click of the revolvers, rattle of swords, and consternation of the baffled Indians, are well known to every school-boy, who has laughed in his sleeve to see the Indians, who came in with so much pomp, go out with so much humiliation. The mask was thrown oif, and a furious attack began, but unavailing. ISTot so with the other posts. At Fort Sandusky, St. Joseph, Oniatenon, Miami, Presque Isle, and Mackinaw, they gained access under pretext of a game of ball, called baggataway. Only one escaped from Green Bay, Lieutenant Garell. Meanwhile war raged along the borders with savage cruelty.

Colonel Bouquet was sent to the relief of Fort Pitt, then closely beseigcd. Heaching Carlisle July 1, 1763, he found the people in a panic, huddled together, and without provisions. After . eighteen days spent in relieving them, he resumed his march toward Bushy Eun, where he was suddenly attacked by an overwhelming force of Indians. In vain did he charge, and drive them back. From behind trees and rocks they poured in an invisible yet destructive fire, until defeat seemed inevital^le. The genius of Bouquet saved them. Two companies were ordered to fall back, as if retreating. Two others were to lie in ambush. The Indians rushed upon the retreating column, when they received a heavy fire in flank, followed by a bayonet charge, which totally routed them. This closed the war during this year.

The next spring Pontiac again laid seige to Detroit. Bradstreet and Bouquet were sent against him. The former was duped by a pretended treaty. The same ruse was attempted upon Bouquet, but he treated their delegates as spies, and informed them that if they delivered all their prisoners in ten days, they might hope for peace, otherwise he would show no mercy. His terms were instantly complied with, and a permanent peace was established.

The appearance of security and immunity from danger which succeeded this treaty of 1765, contributed to the advancement of prosperity all over the northwestern frontiers. The necessity of con- gregating in forts and block-houses no longer existing, each family enjoyed the pleasures of its own fireside, undisturbed by apprehensions ol danger from the bloodthirsty savage. No longer did they cultivate their little patches in common, with tomahawks in theij" belts, and rifles attached to tl#ir plow-beams. They could sow, expecting to reap ; and this feeling of safety increased their prosperity, and encouraged others to join them. As a consequence, immigration flowed in, and settlements sprang up in the forests.

This peaceful condition of things, however, received a check in 1774, caused, in the main, by the gradual encroachment of the whites upon Indian territory. This (Lord Dunmore's war), after much bloodshed, was brought to a close, principally through tlie agency of the celebrated chief. Cornstalk, after the decisive battle of Point Pleasant, October 10, 1774.

This leads us up to the Revolution, when again the Indians, or, as Lord Chatham truly said, the " horrible hounds of war, torturing, murdering, devouring, drinking the blood of their mangled" victims," were let loose itpon the defenseless frontiers.

Inasmuch as the principal depredations in this war were committed in this region by the Shawanoes Indians, then located upon the Scioto, Mad, and Little Miami rivers, a brief resume of their histoi^y may not be uninteresting. The Shawanoes were known as the most warlike nation of the great Algonquin family. This family seemed to have possessed a language almost uniform throughout all the tribes. The Algonquins are supposed to have numbered at one time not less than 90,000. It is said that the language was very complex, yet capable of loft^ flights of oratory, beautiful rhetorical figures, and ill-adapted to light and trifling speech.

The Shawanoes were very nomadic, therefore their history is somewhat obscure. We hear of them as early as the advent of John Smith, 1607. They were then on the Susquehanna. In 1632 they were on the Delaware. The Swanee, or Suawanee River, in Florida, derives its name from them. From these many conflicting accounts, we are to suppose that originally they were one great tribe, but, by war, became separated into subdivisions, which, after many years wandering, were again reunited. We have an authentic account from their noted chief, Blackhoof, who told Colonel John Johnston, of Piqua, that he well remembered having bathed on the Florida beach. It is evident that they came from the south, under the leadership of Blackhoof, to the Miami Valley, and established themselves, about 1770, in the neighborhood of the Little Miami,