Seneca County, Ohio - Chapter 28, 1886 (part 3 of 5)

Article IL The inh.abitants of said Territory shall always be entitled to the benefits of the writ of habeat corpus, and of the trial by jury ; of a proportionate representation of the people in the Legislature, and of judicial procedure according to the course of common law. All persons shall be bailable, except for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unreasonable punishment shall be inflicted. No man shall be depraved of his liberty or property, but by the judgment of his peers or the law of the land. And should the public exigencies make it necessary for the common preservation, to take any person's property, or to demand his particular services, full compen.sation shall be made for the same. And in the just preservation of rights and property, it is understood and declared that no law aught ever to be made or have force in the said Territory, that shall in any manner whatever interfere with or eflfect private contracts or engagements bona fide and without fraud, previously formed.

Art. III. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed toward the Indians ; their lands and property shall never be taken from them without their consent : and in their property, rights and liberty they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress. But laws founded in justice and humanity, shall from tim^ to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them.

Art. IV. The said Territory and the States which may he formed therein, shall ever remain a part of the confederacy of the United States of Amei-ica, subject to the articles of confederation, and to such alterations therein as shall be constitutionally made, and to all the acts and ordinances of the United States in Congress assembled conformable thereto. The inhabitants and settlers in said Territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of the Government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States, and the taxes for paying their proportion shall be laid and levied by the authority and directions of the Legislature of the district or districts or new States, within the time agreed upon by the United States in Congress assembled. The Legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona-fide purchasers. No tax shall be imposed on lands the property of the United States, and in no case, shall non-residents be taxed higher than residents. The navigable waters leading into the Mississippi and St Lawrence, and the carrying places between the same, shall be common highways, and forever free as well to the inhabitants of the said Territory as to the citizens of the United States and those of any other States that may l>e admitted into the confederacy, without any tax, impost or duty therefor.

Art. V. There shall be formed in said Territory not less than three, nor more than five, States, and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to wit : The western State in the said Territory shall be bcunded by the Mississippi, the Ohio, the Wabash Rivers ; a direct line drawn from ihe Wabash and Post St. Vincent, due north to the Territorial line between the United States and Canada; and by tlie said Territorial line to the Lake of the Woods and Mississippi. The middle State shall be hounded by tlie said direct line, the Wabash from Post St. Vincent to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said Ten-itorial line. The eastern State shall be hounded by the last-mentioned direct line, the Ohio, Pennsylvania and said territorial line. Provided, however, and it is ftirther understood and declared, that the boundaries of those three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said Territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have GO, 000 free inhabitants therein, such State shall be admitted by its delegates into the Congress of the United States on an equal footing with the original States in all respects whatever, and sh.all be at liberty to form a permanent constitution and State government. Provided, The constitution and government so to be formed, shall be represented, and in conformity to the principles contained in these articles; and so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants than 60,000.

Art. VI. There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted. Provided alwayn. That any person escaping into the same from whom labor or service is lawfully claimed in one of the original States, each fugitive may be lawfully claimed and conveyed to the person claiming his or her labor or services as aforesaid.

Be >l ordained bt/ the authority aforesaid. That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be and the same are hereby repealed and declared null and void.

Comment By S. P. Chase 1833

It would be difficult to find a more comprehensive review of the foundations of our system of laws than is given in the " Preliminary Sketch of the History of Ohio," by this distinguished representative of the bench and the bar of America. The work is now out of print, and is not easily obtained; besides, its great author has passed away; so these extracts are made more with a view of preserving old historical literature, than of introducing new ; furthermore, the masses of the people have never had convenient access to the volumes, which, for the most part, have been in the hands of professional men only. The publication of the work first brought its compiler before the public, and marked the beginning of that career which, during its course, shaped the financial system of our country, and ended upon the Supreme Bench of the nation.

"By the ordinance of 1785, Congress had executed in part the great national trust confided to it, by providing for the disposal of the public lands for the common good, and by prescribing the manner and terms of sale. By that of 1787, provision was made for successive forms of Territorial government, adapted to successive steps of advancement in the settlement of the Western country. It comprehended an intelligible system of law on the descent and conveyance of real property, and the transfer of personal goods. It also contained five articles of compact between the original States, and the people and States of the Territory, establishing certain great fundamental principles of governmental duty and private right, as the basis of all future constitutions and legislation, unalterable and indestructible, except by that final and common ruin, which, as it has overtaken all former systems of human polity, may yet overwhelm our American union. Never, probably, in the history of the world, did a measure of legislation so accurately fulfill, and yet so mightily exceed the anticipations of the legislators. The ordinance has been well described, as having been a pillar of cloud by day and of fire by night, in the settlement and government of the Northwestern States. When the settlers went into the wilderness, they found the law already there. It was impressed upon the soil itself, while it yet bore up nothing but the forest. The purchaser of land became, by that act, a party to the compact, and bound by its perpetual covenants, so far as its conditions did not conflict with the terms of the cessions of

This remarkable in.strument was the last gift of the Congress of the old confederation to the country, and it was a fit consummation of their glorious labors. At the time of its promulgation, the Federal Constitution was under discussion in the couvention ; and in a few months, upon the organization of the new national government, that Congress was dissolved, never again to re-assemble. Some, and indeed most of the principles established by the articles of compact are to be found in the plan of 1784, and in the various English and American bills of rights. Others, however, and these not the least important, are original. Of this number are the clauses in relation to contracts, to slavery and to Indians. On the whole, these articles contain what they profess to contain, the true theory of American liberty. The great principles promulgated by it are wholly and purely American. They are indeed the genuine principles of freedom, unadulterated by that compromise with circumstances, the effects of which are visible in the constitution and history of the Union.

The first form of civil government, provided by the ordinance, was now formally established within the Territory. Under this form, the people had no concern in the business of government. The Governor and Judges derived their appointments at first from Congress, and after the adoption of the Federal Constitution, from the President. The commission of the former ofiScer was for the term of three years, unless sooner revoked ; those of the latter were during good behavior. It was required that the Governor should reside within the Territory, and possess a freehold estate there, in one thousand acres of land. He had authority to appoint all officers of militia, below the rank of Generals, and all magistrates and civil officers, e.xcept the Judges and the Secretary of the Territory ; to establish convenient divisions of the whole district for the execution of progress, to lay out those parts to which the Indian titles might be extinguished into counties and townships. The Judges, or any two of them, constituted a court with common law jurisdiction. It was necessary that each Judge should possess a freehold estate in the territory of five hundred acres. The whole legislative power which, however, extended only tothe adoption of such laws of the original States as might be suited to the circumstances of the country, was vested in the Governor and Judges. The laws adopted were to continue in force, unless disapproved by Congress, until repealed by the Legislature, which was afterward to be organized. It was the duty of the Secretary to preserve all acts and laws, public records and executive proceedings, and to transmit authentic copies to the Secretary of Congress every six months.

Such was the first government devised for the Northwestern Territory. It is obvious that its character, as beneficent or oppressive, depended entirely upon the temper and disposition of those who administrated it. All power, legislative, judicial and executive, was concentrated in the Governor and Judges, and in its exercise they were responsible only to the distant Federal head. The expenses of the Government were defrayed in part by the United States, but were principally drawn from the pockets of the people in the shape of fees.

This temporary system, however unfriendly as it seems to liberty, was, perhaps, so established upon sufficient reasons. The Federal Constitution had not then been adopted, and there were strong apprehensions that the people of the Territory might not be disposed to organize States and apply for admission into the Union. It was, therefore, a matter of policy so to frame the Territorial system as to create some strong motives to draw them into the Union, as States, in due time.

The first acts of Territorial legislation were passed at Marietta, then the only American settlement northwest of the Ohio. The Governor and Judges did not strictly confine themselves within the limits of their legislative authority, as prescribed by the ordinance. When they could not find laws of the original States suited to the condition of the country, they supplied the want by enactments of their own. The earliest laws, from 1788 to 1795, were all thus enacted. The laws of 1788 provided for the organization of the militia; for the establishment of inferior courts ; for the punishment of crimes, and for the limitations of actions ; prescribed the duties of ministerial officers ; regulated marriages, and appointed oaths of office. That the Governor and Judges in the enactment of these laws, exceeded their authority, without the slightest disposition to abuse it, may be inferred from the fact that except two, which had been previously repealed, they were all confirmed by the first Territorial Legislature.

At this period there was no seat of government, properly called. The Governor resided at Cincinnati, but laws were passed whenever they seemed to be needed, and promulgated at any place where the Territorial legislators happened to be assembled. Before the year of 1795, no laws were, strictly speaking, adopted. Most of them were framed by the Governor and Judges to answer particular public ends ; while in the enactment of others, including all the laws of 1792, the Secretary of the Territory discharged, under the authority of an act of Congress, the functions of the Governor. The earliest laws, as has been already stated, were published at Marietta. Of the remainder, a few were published at Vincennes, and the rest at Cincinnati.

In the year 1789, the first Congress passed an act recognizing the binding force of the ordinance of 1787, and adapting its provisions to the Federal Constitution. This act provided that the communications directed in the ordinance to be made to Congress or its officers, by the Governor, should thencefortii be made to the President, and that the authority to appoint with the consent of the Senate, and commission officers, before that time appointed and commissioned by Congress, should likewise be vested in that officer. It also gave the Territorial Secretary the power already mentioned, of acting in certain cases, in the place of the Governor. In 1792, Congress passed another act giving to the Governor and Judges authority to repeal, at their discretion, the laws by

At this time the Judges appointed by the National Executive constituted the Supreme Court of the Territory. They were commissioned during good behavior; and their judicial jurisdiction extended over the whole region northwest of the Ohio. The court, thus constituted, was fixed at no certain place, and its process, civil and criminal, was returnable wheresoever it might be in the Territory. Inferior to this court were the County Courts of Common Pleas, and the General Quarter Sessions of the Peace. The former consisted of any number of Judges, not less than three nor more than seven, and had a general common-law jurisdiction, concurrent, in the respective counties, with that of the Supreme Court ; the latter consisted of a number of Justices for each county, to be determined by the Governor, who were required to hold three terms in every year, and had a limited criminal jurisdiction. Single Judges of the Common Pleas, and single Justices of the Quarter Sessions were also clothed with certain civil and criminal powers to be exercised out of court. Besides these courts, each county had a Judge of Probate, clothed with the ordinary jurisdiction of a Probate Court.

Such was the original constitution of courts and distribution of judicial power in the Northwestern Territory. The expenses of the system were defrayed in part by the National Government, and in part by assessments upon the counties, but principally by fees, which were payable to every oflScer concerned in the administration of justice, from the Judges of the General Court downward.

In 1795 the Governor and Judges undertook to revise the Territorial laws, and to establish a complete system of statutory jurisprudence, by adoptions forom the laws of the original States, in strict conformity to the provisions of the ordinance. For this purpose they assembled at Cincinnati in June, and contioued in session until the latter part of August. The judiciary system underwent some changes. The General Court was fixed at Cincinnati and Marietta, and a Circuit Court was established with power to try in the several counties, issues in fact depending before the superior tribunal, where alone causes could be finally decided. Orphans' Courts, too, were established, with jurisdiction analogous to but more extensive than that of a Judge of Probate. Laws were also adopted to regulate judgments and executions, for limitation of actions, for the distribution of intestate estates, and for many other general purposes. Finally, as if with a view to create some great reservoir, from which, whatever principles and powers had been omitted in the particular acts, might be drawn according to the exigency of circumstances, the Governor and Judges adopted a law, providing that the common law of England and all general statutes in aid of the common law, prior to the fourth year of James I, should be in full force within the Territory. The law thus adopted was an act of the Virginia Legislature, passed before the Declaration of Independence, when Virginia was

The other laws of 1795 were principally derived from the statute book of Pennsylvania. The system thus adopted was not without many imperfections and blemishes, but it may be doubted whether any colony, at so early a period

And how gratifying is the retrospect, how cheering the prospect which even this sketch, brief and partial as it is, presents ! On a sur-face covered less than half a century ago by the trees of the primeval forest, a State has grown up from Colonial infancy to freedom, independence and strength. But thirty years have elapsed since that State, with hardly sixty thousand inhabitants, was admitted into the American Union. Of the twenty-four States which form that Union, she is now the fourth in respect to population. In other respects her rank is even higher. Already her resources have been adequate, not only to the expense of government and instruction, but to the construction of long lines of canals. Her enterprise has realized the startling prediction of the poet, who, in 1787, when Ohio was yet a wilderness, foretold the future connection of the Hudson with the Ohio.

And these results are attributable mainly to her institutions. The spirit of the ordinance of 1787 pervades them all. Who can estimate the benefits which have flowed from the interdiction by that instrument of slavery and of legislative interference with private contracts? One consequence is, that the soil of Ohio bears up none but freemen ; another, that a stern and honorable regard to private rights and public morals characterizes her legislation. There is hardly a page in the statute book of which her sons need be ashamed. The great doctrine of equal rights is "everywhere recognized in her constitution and her laws. Almost every father of a family in this State has a freehold interest in the soil, but this interest is not necessary to entitle him to a voice in the concerns of government. Every man'may vote ; every man is eligible to any office. And this unlimited extension of the elective franchise, so far from producing any evil, has ever constituted a safe and sufficient check upon injurious legislation. Other causes of her prosperity may be found in her fertile soil, in her felicitous position, and especially in her connection with the union of the States. All these springs of growth and advancement are permanent, and upon a most gratifying prospect of the future. They promise an advance in population, wealth, intelligence and moral worth as permanent as the existence of the State itself. They promise to the future citizens of Ohio the blessings of good government, wise legislation and universal instruction. More than all, they are pledges that in all future, as in all past circumstances, Ohio will cleave fast to the national constitution and the -national Union, and that her growing energies will on no occasion, be more -willingly or powerfully put forth, than iti the support and maintenance of both in unimpaired vigor and strength."

Influence Of The Ordinance Of 1787

The passage of this ordinance, since known as the " Ordinance of 1787," immediately followed by an application to the Government, by John Cleves Symmes, of New Jersey, in behalf of the country, between the Miamis, and a contract was concluded the following year. The Ohio Company were exceedingly energetic in inaugurating settlements. Gen. Putman, with a party of forty-seven men, set out on an exploring expedition, accompanied by six boat builders. On the 1st of January, 1788, twenty-six surveyors followed, from Hartford, Conn. They arrived in Ohio on the 7th of April, 1788, and their active energy founded the permanent beginning of this great Western State- When we review the dangerous experiments that have been made, in this land west of the Alleghanies, the horrors which had overwhelmed every attempt, we can faintly realize the stalwart courage that sent these men on their way, and sustained them in their pioneer hardships. With characteristic vigor, they began their little town. Enthusiastic and happy, they did not rest from their toilsome march over the old Indian roads, but kept busily at work to establish an oasis in this wide expanse of wilderness, before they should take necessary ease to recuperate their strength.

The wise men met on the 2d of May, and the little town was named Marietta. Situated as it was, in the midst of danger, they had used precaution to build and equip a fortified square, which was designated Campus Martins ; Square No. 19 was Capitolium, and Square No. 61 was Cecelia, and the main street was Sacra Via.

Marietta was especially fortunate in her actual "first families." Ten of the forty-eight men had received a thorough college education ; the remaining were individuals of sterling merit, honorable, and several had already attained reputations for superior excellence of abilities. Patriotic and brave, the settlement certainly possessed a foundation that promised well for the future. The following 4th of July was an auspicious event, and the Hon. James M. Varnum was the eloquent orator of the occason.

The opening of the court, on the 2d of September, was a solemn ceremonial, the High Sheriff leading with drawn sword, followed by citizens, with an escort of ofiicers from Fort Harmar, the members of the bar, the Governor and Clergymen, the Judges of the Court of Common Pleas - Gen. Rufus Putman and Benjamin Tupper - all these constituted an imposing spectacle, as they progressed over a path which had been cut through the forest to Campus Martins Hall, the edifice of law and order.

The Judges took their seats, a prayer was offered by the Rev. Dr. Cutler, and immediately the Sheriff, Col. Ebenezer Sprout, proclaimed the response, and the court of impartial justice was convened.

This ceremonial was, perhaps, made all the more impressive by the presence of several powerful Indian chiefs, who had journeyed to Marietta for the purpose of making a treaty.

The settlement now increased rapidly, new cabins were erected constantly. On the 17th of December, a society event occurred, in the form of a grand ball, fifteen ladies being present.

John Cleves Symmes had contracted for 2,000,000 acres of land, and succeeded in obtaining his grant, but circumstances prevented him from meeting bis part of the obligations, and the specification was reduced to 1,000,000. After vain attempt to make his payments, a settlement was finally effected for ti48,540 acres, and Symmes was prepared to dispose of clear titles to new-comers. In 1788, a town was established within the boundaries of his grant, at the mouth of the little Miami, known as Columbia, and in the early part of 1787 another was formed opposite the mouth of the Licking River, by name Losantiville, analyzed by a frontier scholar - ville, the town ; anti, opposite to ; os, the mouth of; L, Licking.

Judge Symmes had projected building his main town at North Bend. This plan w^as frustrated by reason of Ensign Luce - who had been commissioned by Gen. Harmar to erect a fort - deciding that North Bend was not suitable for the jiurpose. He selected Losantiville for the purpose, and Fort Washington was ihe result. In 1790, Gov. St. Clair was called to inspect the settlement, and proceeded to organize Hamilton County, at the same time calling the town Oincinjiati.

It will be remembered that Connecticut ceded most of her western lands to General Government, retaining, however, a minor portion. As the settlements began to increase on the ''Virginia Reserve" and between the Scioto and Miami Rivers, all those holding claims were not disposed to part with them, while others were anxious to secure grants for the purpose of speculation, rather than the advancement of civilization. The Scioto Company was a questionable adherent of the Ohio Company, and began operations, which resulted well, whatever their purpose may have been.

Gen. Putnam cleared the land and directed the building of 100 dwellintrs and six block-houses. During 1791, the colony arrived, consisting of 500 persons. Only ten of these were tillers of the soil. Viscount Malartie ventured into the wilderness, but instead of settling, joined Gen. St. Clair's army, and was ultimately his aid-de-camp. Indian conquests were not to his taste, and he soon returned to France. This new colony was essentially French, and its location was Gallia County. The name " Gallipolis " was selected.

These settlers, being unaccustomed to severe toil, and disinclined to learn its hard lesson, soon became demoralized, through deprivation and absolute Wiint. Congress came to their aid with a land grant of 24,000 acres, but few of them cared to enter claims, and soon all traces of the old town were lost, and its inhabitants scattered.

Gen. St. Clair having become unpopular, through repeated failures in Indian campaigns, and Gen. Anthony Wayne having wintered at Fort Washington, the spring of 1793 was opened by a march of the army, well disciplined and led by " Mad Anthony," on a campaign that must crush the rapidly increasing depredations of the Indians, notwithstanding which these new settlements had been made. All winter, Gen. Wayne had dispatched scouts, spies and hardy frontiersmen on errands of discovery, and his plans were, therefore, practically matured. His army cut its way through the forests, gathering horses, provisions, etc., as they marched, and finally came nearly up to the enemy before discovery. They again returned to Fort Washington, as the Commander-in-Chief, under the order of the Executive, had proclaimed inaction until the Northern or British Commissioners and Indians should convene and discuss the situation and prospects. Gen. Wayne, meantime, drilled his men at " Hobson's Choice," a place near Fort Washington.

A meeting was called at Sandusky, and twenty Indian representatives were present, to argue the grounds of a treaty. Simon Girty acted as interpreter, and has been vehemently accused of unfaithfulness in this trust, since he did not advocate the adjustment of matters on any grounds. The Indians reiterated their rights and wrongs, and offered to receive the half of the purchase money, provided the actual settlers would accept it as the price of the land, move away, and leave the original owners the proud possessors of their lands. The Government would then expend less money than they would have done in a full Indian purchase, or a long and cruel war. This being out of the question and rejected, a decided specification was made that the Ohio boundary was to be obliterated, and a new one adopted, that encompassed a mere fraction of territory. This was also rejected. The Indians indignantly bade the Americans to go back to their father, and they would return to their tribes.

The council was terminated in confusion. It is highly probable that some settlement might have been made, had it not been for English influence which instigated the savages, in the hope of ultimately making conquests for themselves. The commander at Detroit evinced great uneasiness whenever there was a shadow of an opportunity for a peaceful understanding.

On Christmas Day, 1793, a detachment of the army encamped on the identical ground made memorable by St. Clair's horrible defeat. A reward was offered for every human skull that was found, and 600 were gathered. The bones of the victims were removed from the spot where they built Fort Recovery. This point was left in charge of Alexander Gibson.

Early in the year 1794, Lord Dorchester addressed the Commissioners in behalf of the English. Even at this time, Gen. Wayne, to avoid the terrors of a great war, again made overtures of peace, dispatching Freeman, Trueman and Hardin, all initiated in savage tactics, on errands of mercy - and the three men were inhumanly murdered. The English went so far as to order Gov. Simcoe to erect a fort, in April, 1794, on the Rapids of the Maumee, thus rousing the Indians by a bold proof that they had espoused their cause. In May, the Spanish, who were ever jealous of colonial encroachments, were willing to aid in a general raid against the Americans.

In June, a scouting party from Fort Recovery, fell into an Indian ambush and suffered severely, their foes following them to the very entrance. The siege coiitinuod for two days. It was plainly evident that white men augmented the Indian force ; ounce balls and buck-shot surely came from their rifles. Again, the Indians immediately began a search beneath the logs where pieces of artillery were hidden during the great battle of St. Clair, but fortunately. Fort Recovery had the use of them .and they accomplished much.

On July 26, Scott joined Wayne at Greenville, with 1,600 mounted Kentuckians, and on the 28th, the legion took up its line of deadly march. Halting at Girty's Town, they built Fort Mary's, later on Fort Adams. Throwing the enemy off their guard by feints and counter-marching, the troops surprised the Indians, and without the slightest resistance took possession of their villages at the confluence of the Auglaize and Maumee. They found provision in abundance, and tarried a week building Fort Defiance.

Again Gen. Wayne would have made terms of peace, on the principle of the Goverament to arrest bloodshed, but the Indians were rendered cruelly intent on war by an aildition of a body of British militia from Detroit, and by regulara stationed at a fort they had built on the left bank of the river, below the rapids, called Fort Miami. The "Fallen Timber" ground was selected as the field for a battle by the savages, in the expectation that the trees cast down by a tornado and there remaining, would seriously impede American progress.

August 15th, Wayne marched down the river, and at Roche de Boeuf, erected a fortification for their stores and luggage, naming it " Fort Deposit." On the 20th, the American army began the attack. Maj. Price and Maj. Gen. Scott were heroic in their assistance, and after a sharp, deadly conflict, the enemy was routed, fleeing in confusion, and leaving their dead and wounded strewn thickly over the field. The savages were pressed to the front always, and when the carnage was painful, the British troops not engaged looked on coolly from the fort and offered no assistance, aiding their own, however, when possible. Gen. Wayne being an ardent soldier, was apt to forget his position, and impetuously place himself constantly in danger. Lieut. Harrison is I'eported to have rccjuested the General not to forget to give him field orders, in his own participation in the battle, and to have received the reply that the standing order was always to charge bayonets.

Notwithstanding the ti'eaty of 1783, and the fact that the British were trespassing, they encroached upon the Ohio soil, and essayed to vindicate their action by discarding American claims and recognizing the Indian rights, whereby they might seek their own colonization and make treaties.

Maj. Campbell was in command at Fort Miami, and when he saw the savages being cut down almost mercilessly, he not only refrained from offering aid, but when, in their desperate retreat, they attempted to enter the fort for protection, he ordered the doors closed in their faces.

On the following day, Campbell sent a message to Wayne, demanding a reason for hostile action, adding that Great Britain was not now at war with the United States. He received a characteristic reply.

During the Revolution, Detroit was an important British point, and the Maumee was its outlet. Therefore, the English clung tenaciously to this possession, giving, as it did, the advantage of the great fur trade. The English Government evidently regretted ceding so much of her territory in the West, and were searching for an excuse to quarrel and attempt to regain at least a part of what they had lost. Their policy was to sustain the bitter hatred between the Indians and the Americans.

The settlement of the Maumee Valley had been rapid, but the verv name was an agony of remembrance of frightful massacres and atrocities. Col. McKee, the British Indian agent, and his assistant, Capt. Elliott, were from Pennsylvania, but being Tories, they had a.ssimilated with the Indians. They joined the Shawnee tribe and married Indian wives, and made their fortunes thereby, through British appointments to secure the savage interests. The Indians were directly served by McKee and Elliott, with ammunition and supplies, during the Wayne conflict.

Several skirmishes ensued, but severe weather approaching, the troops moved for quarters, and on the 14th day of September, they attacked the jNIiami villages, captured them with provisions and stores, and erected a fort, leaving it in charge of Lieut. Col. Hamtramck. With cheers and rifle-shooting, this post was named Fort Wayne. The main army marched into Greenville and went into winter quarters.

Wayne had achieved a brilliant victory, but his success did not overcome his practical reasoning, and he was unwilling to subject his men to a severe winter's campaign unless necessity was peremptory.

Gov. Simcoe, Col. McKee and a few of the most savage Indian chiefs attempted to rally the Indians for a new attack. Gov. Simcoe, of Deti-oit, was aware that the mounted volunteers under Wayne had been allowed to return home, and that the term of service of a portion of the " Legion " was about to expire.

The British and Indians held a conference, but the latter were weary with fighting for the glory of the Gi'eat Father at Detroit, and did not enter into the plan. The winter proved most poverty stricken to them, the English failing to supply them, and their crops and sustenance having been destroyed by Wayne. Tliey were then fully prepared to listen to the faintest signal from Wayne to conciliate affairs, and the Wyandots and Delawares were the first to confer with him on the subject. Their position was exposed and they had suflered severely.

They soon influenced other tribes to consider the question. As a mass, they were convinced of their inability to overcome the Americans, and had become impatient and disgusted witli the duplicity of their British friends, who had not licsitated to sacrifice them in every instance, and who deserted them in tlioir iiour of distress. United, they sued for peace. Terms were made, and about the 1st of August, the famous Greenville treaty was ratified and established, and the old Indian war in Ohio terminated.

Tlie Wyandots, Delawares, Shawnees, Chippewas, Ottawas, Pottawatomies, Jliamis, Eel Rivers, Weas, Kickajwos, Piankeshaws and Kaskaskias were thus conciliated. The old Indian boundary line, settled upon at the Fort Mcintosh treaty, wa.s retained, and the southwestern line was prolonged from old Fort Recovery, southwest of the Ohio River.

" The general boundary lines between the lands of the United States and the lands of the said Indian tribes shall begin at the mouth of the Cuvahoga River, and thence run up the same to the portage between that and the Tuscarawas Branch of the Muskingum ; thence down that branch to the crossingplace above Fort Laurens ; thence westerly to a fork of that branch of the Great Miami River (running into the Ohio), at or near which fork stood Laramie's store - Mary's River, which is a branch of the Miami that runs into Lake Erie ; thence a westei'ly course to Fort Recovery, which stands on a branch of the AVabash : thence southwesterly on a direct line to the Ohio, so as to intersect that river opposite the mouth of the Kentucky or Cuttawa River."

This boundary line has, ever since this memorable treaty, been a prominent landmark, and may now be traced as the southern boundary line of Stark, Ashland, Richland and Marion Counties, and the northern line, in part, of Tuscarawas and Knox. Old Fort Recovery was located in Mercer, near the Indiana line. Laramie's store was in Shelby.

Within the Indian Reservation, the United States held sixteen distinct sections of land, for the purpose of military posts, so arranged that the Government had full right of way north and west.

The "Joy treaty " between England and the United States was ratified early in 17'J6, and the British were obliged to vacate Detroit and Fort Miami, and recall the fact that they had no claim or right to either points. Gen. Wayne received them, and accompanied by Gov. St. Clair, proceeded to Detroit. Here the latter laid out a county, calling it Wayne, and designated Detroit as its se.at of justice. This was the fifth county in the Northwest Territory, north of the Ohio River. Wasliington County, with Marietta as a seat of justice, was first established ; next Hamilton, with Cincinnati as a county seat. Wayne County was organized in 1796, and included about twenty-six of the present counties, in the northwest part of the State, covering about a quarter of its area, besides parts of Indiana and Michigan.

In otiier parts of the State, the population was rapidly increasing. In May, 1795, the Legislature authorized a committee to institute measures for the disposal of their Western lands. The Virginia and Connecticut Reservations required some action on the part of Governmeut, inasmuch as ceding a portion and re-selling had in a measure di.sturbed free titles. Fifty-six persons negotiated and purchased lands, receiving quit-claim titles and entire rights. They re-sold to John Morgan and Joiin Caldwell and Jonathan Bruce, in trust. Thus 3,000,000 acres were prepared for settlement. Upon the quit-claim deeds of these representatives, the full title of lands included within the old Western Reserve rests.

Judge Symmes began his active operations in 1796, and by the close of 1797 all lands east of the Cuyahoga were laid out in townships, five miles square. The acent of the Connecticut Land Company was Gen. Moses Cleveland, and in his honor the leading city in the Reserve was named. Some townships were retained for private sale, and others were disposed of by lottery, in 1798.

Wayne's treaty led to the formation of Dayton, and the peopling of that section. A diiSculty arose regarding the original Symmes grant and its modification. Symmes had sold land titles, in good faith, beyond his vested power, and Congress was now called upon to adjust these claims and titles. Seventeen days after the Wayne or Greenville treaty, St. Clair, Wilkinson, Dayton and Ludlow contracted with Symmes for seven and eight ranges, between the Mud and Little Miami Rivers. November 4, 1795, Mr. Ludlow laitl out Dayton.

During the years 1790 and 1795, the Governor and Supreme Judges of the Northwest Territory had published si.xty-four statutes. Tliirty-four of these were ratified at Cincinnati, for the purpose of forming a complete statutory. It was tenued the " Maxwell Code."

Mr. Nathaniel Massie founded a town on the Scioto, which was called Chillicothe. The Iroquois treaty had previously invited settlement, and embryo towns had begun as early as 1769, under the protection of the Connecticut Company. A land company was organized in Hartford, Conn., in 1795, sending out forty-three surveyors to divide the townships of that part of the Western Reserve, east of the Cuyahoga, five miles square. The fii-st resident of the town of Cleveland was Mr. Job Stiles and family, and Mrs. Stiles was the mother of the first white child born on the Reserve. Some other parts of the territory progressed more rapidly in population.

Mr. Massie was unceasing in his efibrts to advance the West, and laid out Manchester, offering inducements that could not fail to attract settlers.

Ebenezer Zane procured a grant in consideration of opening a bridle path from the Ohio River at Wheeling, over the country via Chillicothe, to Limestone,

The comparatively tranquil condition of the country and the inducements it had to offer encouraged a rapid settlement of the Territory. A prominent feature of the early growth of Ohio was the general j)revalence of reliable, stanch principle. The people were of the good colonial stock.

In 1800, Chillicothe was denominated the seat of the Territorial government, and the first stone edifice in the State was begun in this town, soon after this appointment. About this time, a serious difficulty suddenly occurred to those individuals who had taken lands on the Western Reserve of Connecticut. Tliat Eastern power had, it is true, ceded a part of her claim to the General Government, and had stipulated for the sale of certain other tracts. At the same time, the State had not signed away her jurisdiction over some sections of her claim, and those unfortunate people in and about Dayton found themselves witliout any government upon which they might depend in a case of emergency. The matter was, accordingly, presented to the Territorial government, which interceded with the Eastern State, and, sanctioned by the Assembly at Congress, Connecticut relinquished her jurisdiction in 1800.

Cleveland was an important point, and was growing in the mean time. However, it had suffered exceedingly from the ravages of fever and ague. For a period of two months, there was not an individual, but a boy thirteen years of age, able to procure food for the others. Flour was out of all rational consideration, and the meal upon which they lived was pounded by hand. In 1799, Williams and Myatt erected a grist-mill at the falls, near Newbury.

A startling agitation occurred in 1801, which in these days would cause but a ripple in the political sea, but happening during a time when legislative dignity and state authority were regarded with reverential awe, it created the most intense feeling. Great indignation was openly expressed.

Tiie Governor and several legislators felt that they had been insulted in the perfoi-mance of their respective duties, at Chillicothe, while the Assembly was in session in 1801. No measures being taken by the authorities at the capital to protect the Executive, a law was passed removing the seat of government to Cincinnati.

This circumstance led to a general consideration of the advantages of a State government, and a popular desire was expressed for a change in this respect. Gov. St. Clair had fallen into disfavor through his failure as a military leader and his failures in the Indian campaigns, and from his assuming powers which were not vested in him, especially the subdivision of counties. He was also identified with tlie Federal party, which was not popular in Ohio. The opposition was strong in the Assembly, but was in the minority in the House of Representatives. The boundary question was agitated at the same time. The intention was to thus effect the limits of Ohio that a, State government would necessarily have to be postponed. Against this measure, Tiffin, Worthington,

Langham, Darlington, Massie, Dunlavy and Morrow strenuously objected. After considerable discussion, Thomas Worthington obtained leave of absence from the session, and journeyed to Washington in behalf of a State government. It was obvious that the Territory, under the ordinance, was not entitled to a change. Massie suggested the feasibility of appointing a committee to address Congress on the subject. This the House refused to pass.

During all this ineffectual struggle, Worthington was doing his best in Washington, and succeeded so well that on March 4, a report was made to the House in favor of the State government. This report was made on a basis that the census, in 1800, summed up over 45,000 for Ohio.

April 30, Congress passed a law carrying into effect the views expressed on this subject. A convention met on November 1. Its members Avere generally Jeffersonian in their views. Gov. St. Clair proposed to address them as their chief executive magistrate. Several members resolutely opposed this action. insisting upon a vote, which, through courtesy and not a sense of right, resulted in permitting him to address them. lie advised tiie postponement of the State . government until the original eastern portion of the State was sufficiently populated to demand this right. Only one, out of tiiirty-three, voted to sustain the Governor in these views.

The convention agreed to the views of Congress. November 29, the agreement was ratified and signed, as was the constitution of the State of Ohio. The General Assembly was ordered to convene the first Tuesday of March, 1803.

This was carried into effect. A constitution was framed for the new State, adhering to the Ordinance of 1787. The rights and duties of citizens were plainly set forth, and general business was transacted. The new State constitution was signed by :

The first Legislature of the State, under the new constitution, created eight new counties, viz., Gallia, Scioto, Franklin, Columbiana, Butler, Warren, Greene and Montgomery.

The first State officers were : Michael Baldwin, Speaker of" the House ; Nathaniel Massie, President of the Senate ; William Crcighton, Secretary of State ; Col. Thomas Gibson, Auditor ; William McFarland, Treasurer ; Return J. Meigs, Jr., Samuel Huntington and William Sprigg, Judges of the Supreme Court ; Francis Dunlavy, Willis Silliman and Calvin Pease, Judges of the District Court.

The General AssemVjly held a second session in December, at which time the militia law was revised, also giving aliens ec[ual proprietary rights with native citizens. The revenue system was modified and improved. Acts authorizing the incorporation of townships were passed, and for the establishment of counties. Furthermore, Jacob White, Jeremiah Morrow and William Ludlow were authorized to locate a township for collegiate purposes, according to previous specified terms of Congress. The Symmes grant and the college specification collided materially, but the irregularity of the former was not to create any inconvenience for the latter. Mr. Symmes had in good faith marked off this township, but circumstances preventing the perfection of his plans, that lapsed with tlie others, and the original township was now entered by settlers.

Oliio was under a system of government wliicli guaranteed the best improvements ; her Legislature being composed of her best statesmen, and the laws passed having the general interest of the people embodied in them.

A bill wa.s passed, ajjpropriating the net proceeds of the land lying within said State, sold by Congress after the 20th day of June, 1802, after deducting all expenses incident to the same, to be applied to the laying-out of roads, leading from tlic navigable waters emptying into the Atlantic to the Ohio, to tlie said State, and through the same ; such roads to be laid out under the authority of Congress, with the consent of the several States through which the road shall pass. Li conformity with these provisions, steps were t;d<en, in 1805, which resulted in the making of the Cumberland or National road.

Burr, at this time, began an organization for llie ostensible purpose of making a settlement on the Wachita, but liis party being armed ami his plans not being frankly disclosed, an investigation proved tliat his real design was a mutinous revolt against Governmental powers, and to gratify his ambition l)y fouiuling bis own kingdom in Mexico, and defeating the Spanisli. If success crowned his efforts, liis ultimate victory was to rupture the Union by forcing the Western States to withdraw from their allegiance. By gaining an influence over the noble l)ut misguided Blennerhasset, he established his headquarters on his island in tlic Ohio. The history of Burr's expedition is alreadv well known.

The final capture by Gov. Tiffin, of ten boats loaded with stores, on the Muskingum, and four near Marietta, decided the fate of this scheme, and Burr was finally arrested and put on trial May 22, 1807.

The advancement of the settlement of the State was in no manner impeded, and towns sprang up, farms were laid out, and all other improvements inaugurated which tended to a permanent prosperity.

In 1808, Tecumseh left Greenville to join the Prophet on the banks of the Tippecanoe, a tributary of the Upper Wabash, on a tract of land granted herein by the Pottawatomies.

The Indians were virtually by treaty allowed but a small proportion of land within the boundaries of the State, and were maintaining peaceful attitudes toward the whites, wilh exceptional border depredations, which were settled by mutual understanding.

Although the United States had gained independence, and was treating with England as with other foreign powers, the British persisted in violating the national rights of tlie United States, impressing American seamen into the British service, seizing American vessels engaged with France in trade, and otherwise violating the rights of an independent nation, at peace with the Britisli power.

The mission upon which Henry was sent by the British, to create disturbance between the States, and thus broken, to weaken the strength of the General Government, added fuel to the fire, and united indignation cried for war.

British agents again bargained with the Indians of the Wabash and Maumee Valleys, desiring them to inaugurate another war upon the western sections and to make a desperate attack upon the settlements south of the lakes. The British agent at Maiden negotiated in rifles, powder, ball, merchandise, lead, blankets and shirts. The Indians were inspired again with tiie hope that the whites would be driven back, and that all the country north of the Ohio would again revert to them.

The Canadians in league with the English, gave the savages unlimited quantities of whisky, wliich naturally aroused their fierce natures to acts of violence and blood. It is highly probable that the use of liquor was the main cause of the deterioration of the best traits of the Indian character, after the Revolution. Again, many unscrupulous men upon the frontier did not hesitate to commit the most merciless crimes against the Indians, such was the prejudice against them, and the courts invariably failed to indict them for these atrocities. This error on the part of the Americans served to influence the savages against them.

At this time, the seats of justice were distant over a hundred miles each from the other, uninhabited tracts frequently extending between them which were absolute wildernesses. Tlie routes were in many cases difiicult and circuitous.

As early as 1808, there was a mail communication for the people on the Lower Maumee, many days elapsing between the arrivals and departures of the same, however. Horace Gunn was the carrier. Benoni Adams brought the news from Cleveland to the same point, his trip retjuiring a fortnight. It must be remembered that this journey was mostly made on foot. The Black Swamp could not be traversed in any other manner.

The War Of 1812

The war of 1812 can be called a continuation of the Revolution, with all justice. Althougli rumors had reached Ohio, that active preparations were being made for general action, no official tidings had been sent to Hull, command^-in-chief of the Western forces.

The Secretary of War, instead of sending a special messenger directly to Hull, communicated with the post adjacent, depending upon a continuation of the news from that point. At the same time, advices were sent the British post at Maiden and Detroit. Hull sent out a packet with official papers, stores, etc., the day previous to that on which the official intelligence arrived that an open rupture existed between the two powers, and this was of course captured.

The Western forces marched to Detroit and crossed over to Sandwich, preparatory to attacking Maiden, a post most favorable for the transportation of Stores, troops, etc. which was therefore considered valuable.

Peter Minard first gave the news to the settlers of the Maumee. He had heard from a Delaware chief, who assured him a general massacre was to take place in the valley. Maj. Spaffiard paid no heed to this "idle fear," until a few days thereafter a messenger came to his quarters, reporting a band of fifty Pottawatomies on the march to join the hostile tribes near Maiden. They had plundered and burned Monclova, and had nearly reached the rapids.

The Major, with his family and settlers, immediately launched a barge on the river and were able to reach old Fort Miami just as the savages reached Maumee City. They could plainly witness the flames that devoured their old homes. They kept on their way in their miserable craft, until they reached Milan, where they learned that the entire country was in danger.

Although the Indians were defeated in the battle of Tippecanoe in the fall of 1811, they plotted vigorously with the English for the invasion of Ohio.

Gen. William Hull marched from the southwestern part of the State directly north, crossing the counties of Champaign, Logan, Hardin, Hancock and Wood, establishing military posts along the route and cutting a way through the wilderness of the unsettled portions. He crossed the Maumee on the 1st of July, and marched to Detroit.

Hull was evidently actuated in his succeeding disgraceful failures by two fears - lack of confidence in the ability of his troops, and the belief that they might desert him in action. He proclaimed freedom, and a necessity of submitting to the Canadians under existing circumstances. He held out inducements to the British regulars to desert their cause and essayed to pacify the savages, but he accomplished nothing beyond jeopardizing the American cause and disgracing his army. His men became restless. Col. Miller and Col. Cass were delighteil when detailed on scouting expeditions, and did not hesitate to attack advancing squads of the enemy. At last, an attack was made on the Niagara frontier, and Hull speedily abandoned his project and collected his forces at Detroit.

Meantime, Col. Proctor had reached Maiden, and quickly perceiving the advantage of a post at that point, whereby he could cut ofiF supplies and starve Hull into subjection, he massed his forces about this section, captured Van Horn and his two hundred men, and withstood the attack of Miller, although he gained nothing by so doing. Again Hull displayed his weakness by recalling his forces from further molestations.

Gen. Dearborn placed a force on the Niagara frontier, but an armistice was made with the British. Hull dispatched a third party under McArthur, to open communications to the Raisin River.

Gen. Brock appeared at Sandwich and began to erect batteries, which Hull would not allow to be molested. The result was, that on the 26th of Aufrust

By this dastardly act, 1,400 brave men who had not been permitted to make a single effort to sustain the American cause, were surrendered to 300 English regulars, 400 Canadians and their Indian allies. Gen. Hull was, in consequence of this series of "mistakes," accused of treason and cowardice, and convicted of the latter. By the middle of August, the British had gained the control over most of the Northwestern Territory.

The appointment of William Henry Harrison to the position of commander in chief of the AVestern forces, was most opportune. He speedily raised a vigorous army, and advanced by three routfes to the foot of the rapids.

Gen. Harrison commanded the right wing, and marched by the way of Upper Sandusky, where he located his depot of supplies. Gen. Tupjier commanded the center, Fort McArthur, in Hardin County, being his base, while Gen. AVinchester marched from Fort Defiance down the Maumee to the foot of the rapids.

A large force of British and Indians moved up the left bank of the Maumee toward Fort Wayne, and Gen. Harrison, to intercept them, marched to the confluence of the Auglaize with the Maumee.

Harrison was aware that the enemy would be also hemmed in by Winchester. The weather was rainy, and the prospects w^ere that a most unfortunate season was to follow the expected engagements. Harrison heard that Winchester had reached Fort Defiance, and that the Indians and British were retreating down the Maumee. He followed, and marched to Winchester's camp, where he arrived in season to quell a mutiny under command of Col. Allen, of the Kentucky troops.

In January, 1813, Winchester had reached the ra{)ids, where he received tidings that Frenchtown was menaced and exposed. Without orders, he sent a party to the rescue, which defeated the enemy. The weather was intensely cold, and the company lay within eighteen miles of Maiden, where the enemy was collected in full force, consequently re-enforcements must be dispatched immediately or the town again left to its fate.

Winchester then marched with a force of 259 men, and upon arriving at nightfall, insisted upon remaining on open ground, although warned repeatedly that this would be a most dangerous experiment.

In the morning, he was surprised by the enemy, massed directly before him, with a battery within three hundred yards of his camp, and a shower of bombs, balls and grape-shot falling among his exposed troops, and the yells of Indians reminding him of his fatal error. Lewis, who led the party out in the beginning and had apprehended the danger, bravely defended himself behind garden pickets. Winchester was defeated on the 22d of January, 1813, and the Indians were permitted to massacre the prisoners and the settlers.

Harrison fell back to the foot of the rapids. On the 1st of February, he began the construction of Fort Meigs. On the 27th of April, Proctor and Tecumseh attacked this fort, and laid siege with the full expectation of success. The stipulation was that Gen. Harrison was to be delivered to Tecumseh. While the balls and bombs were making havoc with the fort, the Indians were climbing trees and pouring a galling fire down upon the troops. Gen. Proctor invited Harrison to surrender, which was politely declined, with the assurance that the British General would have the opportunity to distinguish himself as a soldier before such a proceeding was enacted.

Gen. Clay was descending the Maumee with 1,200 Kentuckians in flat boats. Orders went from Harrison that 800 men should land on the left bank, take and spike the British cannon, and then to enter the fort, from which soldiers were to issue to assist the re-enforcements.

Capt. Hamilton was to pilot Gen. Clay to the fort, cutting their way through. All succeeded. Col. Dudley taking the batteries and spiking the cannon. But his men, too much elated by their success, against orders, and against the repeated expostulations of Col. Dudley, insisted on pursuing the Indians. Col. Dudley would not desert them. This act proved their ruin. By a decoy, they were led into a defile which proved an ambush, and the men found themselves surrounded by savages, without means of escape.

A most frightful massacre began, and every man would have fallen had not Tecumseh sternly forbidden the cowardly carnage. One of his principal chiefs ignored this order, and the next instant the great warrior buried his hatchet in his head. The brave Col. Dudley was, however, tomahawked and scalped.

There were no immediate signs that the fort would be surrendered, and the siege was raised on the 9th of May. It was renewed on the 20th of July, and abandoned a few days later. The enemy decided this stronghold was invulnerable.

On the 1st of August, the enemy proceeded to Fort Stevenson, at Lower Sandusky, garrisoned by 150 men under Maj. Croghan. The fort had the use of but one piece of cannon. The enemy with Tecumseh's Indians numbered 3,300 strong, with six pieces of cannon.

Gen. Proctor again tendered the ofl'er to surrender, adding that a refusal would only bring about a useless resistance, and a massacre by the Indians. The reply was, that before the fort went over to the British, not an American be left to be massaci'ed, as they should hold out to the last man. Proctor opened fire. The first movement was an assault upon the northwest angle of the fort, as if to make a breach and thus carry the works. The commandant* strengthened that point by bags of sand, and during the night stealthily placing his one cannon in a concealed position, he filled it with slugs.

The following day, the fire again swept the northwest comer, and, evening approaching, a column of 350 men swept up within twenty yards of the walls. They were met by the musketry, which had little eflect, and the ditch was soon filled with men. The next instant the hidden cannon, so placed as to sweep the ditch, suddenly began action, and the surprised assailants quickly recoiled, and the fort was saved, with the loss of only one man.

The next morning, the enemy had disappeared, evidently in haste, as guns, clothing and stores were left behind. They had lost over one hundred and fifty men by this useless attempt. Croghan had previously received orders to evacuate the fort from Gen. Harrison, and his determination to hold the position merited Harrison's reprimand and remand of commission. Such was the sev- -erity of military law. However, the rank of Colonel was immediately conferred upon him by the President, for his gallantry. The ladies of Chillicothe presented him with an elegant testimonial in the shape of a sword.

It was decided to make a naval warfare effectual in the recovery of the Northwestern Territory, and accordingly vessel-building began under Commodore Perry's supervision.

The British looked upon this proceeding with derision, fully intending to use these boats for their own purpose. They publicly proclaimed their intention.

By the 1st of August, 1813, Commodore Perry set sail a flotilla, the Lawrence and the Niagara, of twenty guns each, with smaller vessels following. Some difficulty was encountered in launching the larger vessels, on account of the shallowness of the water.

Perry's first destination was Put-in-Bay, thirty miles from Maiden, where the British fleet lay under the guns of the fort. On the 10th of September, the British fleet - exceeding the American by ten guns - under Commodore Barclay, appeared oS" Put-in-Bay, distant about ten miles. Perry immediately set sail. The wind shifting, the Americans had the advantage.

Perry hoisted his battle-flag and a general jireparation was made for the conflict. An ominous silence settled over all as the fleets approached. A bugle sounded on the enemy's ship Detroit, and a furious fire was opened upon the Lawrence. The frightful and desperate battle that ensued is so familiar that it is not necessary for us to repeat its details. It forever remains in history as a prominent, desperate struggle that turned the tide most decisively in favor of the Americans. Hand to hand, for three hours, this furious struggle surged, resulting in a pronounced victory for the Americans.

Commodore Perry immediately requested parole for his severely wounded antagonist, Commodore Barclay. Capt. Elliott was at this engagement highly commended by Perry for his bravery.

Proctor had retreated to Sandwich, and thence Harrison followed him, overtaking the enemy on the 9th of October, on the bank of the Thames. An engagement ensued, which was not particularly marked in its events, but which practically terminated the war in the Northwest.

Tecumseh fell during this battle, and his death disheartened the savages to such an extent that they were willing to make terms of peace. Accordingly a treaty was concluded on the 22d of July, 1814, with the Wyandots, Dclawares, Shawnees, Senecas and Miamis, the tribes engaged in hostilities.

Again Ohio was able to turn her attention to the improvements within her own boundaries. Wearj and disabled though she was, her ambition and energy were unimpaired. The struggle had been severe, but a grand reward had been won, and peace and independence belonged to these sturdy, earnest, pioneers.

Banking

Up to the year 1817, Ohio had no banking system, and on the 28th of January of that year, the United States Bank opened a branch at Cincinnati, and yet another during the following October at Chillicothe. These branches found a large amount of business to transact, and while being of assistance in various ways to the State, also received a fine revenue themselves. The State therefore resolved upon a tax levy, and, in 1819. the branches were to pay $50,000 each, and the State Auditor was authorized to issue his warrant for the collection of the same.

Tlie bank branches demurred, but the State was decided, and the banks accordingly fileil a bill in chancery, in the United States Circuit Court, setting forth reasons whereby their prayer that Ralph Osborn, State Auditor, should be restrained from making such collection, should be seriously considered.

Osborn being counseled not to appear on the day designated in the writ, an injunction was obtained, with the security given in the shape of bonds from the bank, to the amount of $100,000. On the 14th of September, the bank sent a commissioner to Columbus, who served upon the Auditor a copy of the petition for the injunction, and a subpoena to make an appearance before the court on the first Monday in the following January. Osborn submitted both the petition and the injunction to the Secretary of State, with his warrant for collecting the tax. Legally, the matter was somewhat complicated.

The Auditor desired the Secretary of State to take legal advice, and if the papers did not actually amount to an injunction, to give orders for the execution of the warrant.

The decision was that the papers did not equal a valid injunction. The State writ for collection was therefore given over to John L. Harper, with directions to enter the banking-house and demand the payment of the tax. In case of a refusal, the vault was to be entered and a levy made upon the amount required. No violence was to be used, and if force was used to deter the act, the same was to be reported to a proper magistrate and an affidavit made to that fact.

On September 17, Mr. Harper went about his errand, taking with him T. Orr and J. MacCollister. After securing access to the vault, a demand was made for the payment of the tax. This was promptly refused, and a notice given of the granting of the injunction. This was disregarded, and the officer seized $98,000 in gold, silver and notes. This was placed in charge of the State Treasurer, Mr. H. M. Curry.

The officers were arrested and imprisoned by the United States Circuit Court, and the money returned to the bank. The case was reviewed by the Supreme Court, and the measures of the Circuit Court were sustained. The State, therefore, submitted. In the mean time, the Legislature had prepared and passed a resolution, as follows:

Resolved, by the General Assembly of the Stale of Ohio, That in respect to the powers of the Goveruments of tlie several States thai compose the American Union, and the powers of the Federal Government, this General Assembly do recognize and approve the doctrines asserted by the Legislatures of Kentucky and Virginia in their resolutions of November and December, 1798, nnd January, 1800, and do consider their principles have been recognized and adopted by a majority of the American people.

Resolved further. That this General Assembly do assert and will maintain by all legal and ccmstilutional means, the rights of States to tax the business and property of any private corporation of trade, incorporated by the Congress of the United States, and located to transact its corporate business within any State.

Resolved further. That the bank of the United States is a private corporation of trade, the capital and business of which may be legally taxed in any Slate where they may be found.

Resolved further. That the General Assembly do protest against the doctrines that the political rights of the separate States that compose the American Union and their powers as sovereign States, may be settled and determined in the Supreme Court of the United States, so as to conclude and bind them in cases contrived between individuals, and where they are, no one of them, parties direct.

The bank was thus debarred from the aid of State laws in the collection of its dues and in the protection of its rights. An attempt was made to eflect a change in the Federal constitution, which would take the case out of the United States Courts. This, however, proved ineffectual.

Histouv Of The State Of Ohio

The banking system in Ohio has, by reason of State surveillance, not been subjected to those whirlwind speculations and questionable failures which have marked many Western States, in the establishment of a firm basis upon which a bankinij law could be sustained, with mutual benefit to the institution and the people.

The Canal System

In the first part of 1817, the Legislature considered a resolution relating to a canal between Lake Erie and the Ohio River. No action was taken and the subject was not again agitated until 1819. Gov. Brown appointed three commissioners in 1820, for the purpose of employing an efficient engineer and such assistants as he deemed necessary, for the purpose of surveying a practical route for this canal. The commissioners were restricted in their actions until Congress should accept a proposition in behalf of the State, for a donation and sale of the public lands lying upon and near the route of the proposed canal. A delay was thus occasioned for two years.

In 1822, the matter was referred to a committee of the House of Representatives. This committee approved and recommended the employment of the engineer. They furthermore added illustrations to prove the feasibility of the project.

James Geddes, a skillful engineer of New York, was in due time appointed to the position and instructed to make the necessary examinations and surveys.

In 1825, an act was passed providing for the internal improvement of the State by navigable canals. Directly thereafter, the State set vigorously about the work of constructing two canals, one leading from the Ohio to Lake Erie, by way of the valleys of the Scioto and Muskingum, the other from Cincinnati to Dayton.

The first canal-boat from Cincinnati to Dayton, reached her destination in 1829, on the 25th of January. This outlet of communication was extended to Lake Erie, and was completed in 1845. The largest artificial lake now known is on the elevation between the Ohio and the lake, in Mercer County, and supplies the St. Mary's feeder of the Miami Canal, about three miles distant, eastwardly. This reservoir is about nine miles long, and from two to four broad.

Two walls of earth, from ten to twenty feet high, were formed, on the east and west, which united with the elevations north and south, surrounded this basin. When the water was admitted, whole farms were submerged, and the "neighbors" complained lest this overflow should tempt miasma. So great was the excitement, that over one hundred and fifty residents of the county united, and with shovels and spades, made a breach in the embankment. Many holding prominent positions in the county were engaged in this work,

The oflBcers who had charge of the work, ignored the law requiring the cuting and saving of the timber on lands appropriated, for canal reservoirs. The trees were ruthlessly girdled, and thousands of acres of valuable timber that might have been highly desirable in the building of bridges, etc., weredestroyed. However, an adjustment was finally effected, and the work was prosecuted with the entire approbation of the people, who were convinced that convenient transportation was to be desired.

Ohio Land Tracts

After the Indians relinquished all claims against the lands of those States west of the Alleghanies, as they had been obtained by conquest, the United States, as a government, owned the soil. When Ohio was admitted into the Union, a stipulation was made that the fee simple to all the lands within its boundaries, with the exception of those previously sold or granted, should vest in the General Government. At the present writing, but few tracts remain that can be called " public lands." In this, as in other States, tracts are designated by their pioneer signification or the purpose to which they were originally devoted. In Ohio, these tracts are known as :

The lands sold by the direct officers of the Government, under the direction of Congress, according to the laws, are known as Congress lands. They are properly surveyed, and laid out in townships si.x miles square, under the direction of the Government, and the expense incurred settled by Congress. These townships are subdivided into sections, containing 640 acres. One section is reserved, in every township, for educational purposes, to be utilized in any manner approved by the State as being the best to aid the cause for which they are assigned.

The Western Reserve will be remembered as the tract originally belonging to Connecticut. It lies in the northeast quarter of the State. A half-million acres were donated by the old Eastern State, when her claim was in force, to sufferers from fire during the Revolutionary war, which created the name, '' fire lands." Many settled here whose homes were destroyed by the British during the war.

It will be remembered, that on account of discoveries by subjects of empires, in the New World, the " Old World " kings laid claim to different portions of the young continent. At that period, European knowledge of American geographical positions and limits was exceedingly meager, which occasioned several wars and more discussions. These Old- World sovereigns also assumed the authority to sell or present tracts of land to their subjects, in those territories they deemed their own.

King Charles II of England granted to his loyal subjects the colony of Connecticut, in 1662, placing with them a charter of right to all lands within certain prescribed boundaries. But these " boundaries " frequently conflicted with those of others, and sometimes extended to the Pacific Ocean, or " South Sea," as it was then termed. Connecticut, by her original charter rights, held all lands between the forty -first and forty-second parallels of north latitude, and from Providence Plantation on the east, to Pacific Ocean on the west, excepting the New York and Pennsylvania colonies. As late as the establishment of the United States as an independent government, those colliding claims frequently engendered confusion and warm discussion between the nation and Connecticut, regarding the original colony claim. This was compromised by the national claims being relinquished in regard to the territorial claim in Ohio, and Connecticut holding the 3,800,000 acres described as the " Western Reservation." The Government held the right of jurisdiction.

In 1796, Congress set aside a certain division of land, to satisfy the claims of ofiBcers and soldiers of the Revolutionary war. It includes the 2,500,000 acres between the Greenville treaty line and the Congress and refugee lands, and "VII ranges of townships," on the east, and the Scioto River, west. This constitutes the '' Military Tract." The " Virginia Military Tract " lies between the Scioto and Little Miami Rivers, and extends south to the Ohio.

James I, in his authorized charter to the Virginia colony, in the yeax 1609, made rather visionary boundary lines, sweeping over the continent, west of the Ohio River, " of the north and south breadth of Virginia." Virginia reconciled tlie matter by relinquishing all her claims northwest of the Ohio River, with the exception of a tract for the purpose of donating the same to her troops of the Revolution - their claims demanding such a return in some section. Unfortunately, this tract was not regularly surveyed, and conflicting "lines " have given rise to litigation ever since that stipulation was made.

The Jtefugee Tract covers an area of 100,000 acres, extending eastwardly from the Scioto River forty-eight miles, in a strip of country four and one-half miles broad, north to south. Columbus, the capital of the State, is situated in the western portion. This land was donated by Congress to those individuals left the British dominions and rule, during the Revolution, and espoused the American cause.

The French Tract borders on the Ohio River, in the southeastern quarter of Scioto County. It includes 24,000 acres, and was ceded to those French

Dohrman's Grant includes a section, six miles square, in the southeastern portion of Tuscarawas County. It was granted to Arnold Henry Dohrman, a Portuguese merchant, as a token of appreciation of the aid and shelter he rendered American cruisers and vessels of war, during the Revolution.

The Moravian Lands were originally grants by the old Continental Congress, in 1787, and confirmed by the act of the Government Congress, in 1796, to the Moravian Brethren, of Bethlehem, Penn., in sacred trust, and for the use of those Indians who embraced Christianity and civilization, desiring to live and settle thereon. These three tracts include 4,000 acres each, and are situated in Tuscarawas County. In 1823, the Indians relinquished their rights to the 12,000 acres in this county, for 24,000 acres, in a territory designated by the United States, together with an annuity of $400.

Zane's Tracts included a portion of land on the Muskingum, whereon Zanesville was built ; another at the crossing of the Hocking, on which Lancaster is located ; and yet another on the left bank of the Scioto River, opposite Chillicothe. These grants were made to Ebenezer Zane, by Congress, in 1796, as a reward for opening a road from Wheehng, Va., to Maysville, Ky. In 1802, Mr. Zane received three additional tracts, one square mile each, in consideration of being captured and held a prisoner, during the Revolutionary war, when a boy, by the Indians. He lived with these people most of his life, securing many benefits for the Americans. These tracts are located in Champaign County.

The Maumee Road Lands extend the length of the road, from the Maumee River, at Perrysburg, to the western limits of the Western Reserve, a distance of forty-six miles - in a strip two miles wide. This includes about 60,000 acres. These lands were ceded by the Indians, at the treaty of Brownstown, in 1808. The original intention of Congress was to mark a highway through this strip, but no definite action was taken until 1823, whe j the land was ceded to the State of Ohio, under an obligation that the State make and sustain the projected road, within four years after the transfer.

The Turnpike Lands extended over 31,360 acres along the western side of the Columbus k Sandusky Turnpike, in the eastern parts of Seneca, Crawford and Marion Counties. They were designed for the transportation of mail stages, troops and other United States property, free from toll. The grant was made in 1827.

When Ohio was admitted to the L^nion, a guarantee was given that the State should not ta.x Government lands until they should have been sold for five years. That the thirty-sixth part of all territory within the State limits should be devoted to educational purposes, for the general benefit of the population. In order to secure tracts which would prove available, and thus insure returns, they were selected in small lots. No. 16 was designated as the sectional portion, in each township of Congress lands, the Ohio Company's and Symmes Purchases, the United States Military Lands, the Connecticut Reserve, and a number of quarter townships. These school lands were selected by the Secretary of the Treasury.

The college townships are thirty-six miles square. A section, thirty-six miles square, in the center of Jackson County, in the vicinity and containing the Scioto Salt Licks, was also reserved by Congress, together with a quartermile township in Delaware County. This swept over 27,040 acres. In 1824, Congress authorized the State to sell these lands. The proceeds were to be devoted to literary requirements, such as might be specified by Congress.

We have heretofore briefly alluded to the canal system of Ohio, which in the beginning caused considerable anxiety to settlers directly in the course of its survey. The Legislature passed the " Internal Improvement by Navigable Canals " act, in 1825, and the work was immediately inaugurated and hastened. The " Ohio Canal " extends from the lake to the Ohio, and the " Miami " connects Cincinnati with Dayton. The latter was completed to Toledo in 1844, a length of 493 miles. Its total cost, including reservoir cutting and feeders, was ^7,500,000. The Ohio Canal was finished in 1833.

During the construction of these canals, the curiosities which have attracted antiquarians and scientists, in the State of Ohio, were found in various places. Relics were discovered that must have belonged to a giant race. Nearly 3,000 graves were found, of the " mound type."

A third canal was begun in 1836, reaching from Walhonding, in Coshocton County, to Roscoe, its length being twenty-five miles, involving an expense of $610,000. This was completed in 1842. The Hocking Canal, between Carroll, in Fairfield County, and Athens, in Athens County, a distance of fiftysix miles, was also cut, about the same time, at a cost of nearly $1,000,000.

The Muskingum improvements were also being carried forward. Locks and dams were requisite for the perfection of navigation in this water-course, from Dresden to Marietta, a distance of ninety-one miles. This added an expense of $1,630,000 to the call for improvement appropriations. To the Miami Canal was added a feeder, known as the Warren County Canal - extending from Franklin to Lebanon, whicli was not completed, although over $250,000 were expended in its construction as far as it went.

Railway transportation was a subject which engrossed the attention of those interested in State perpetuity and general prosperity. About the year 1831, the Legislature received applications for railway charters. Tlie first one granted was the " Cincinnati, Sandusky & Cleveland Railroad," on June 5, 1832. The " Sandusky, Mansfield k Newark Railroad " obtained a charter in 1836, March 11, followed, three days thereafter, by the " Cleveland, Columbus & Cincinnati Railroad." The " Little Miami " was begun in 1837. Notwithstanding these chartered rights, but 129 miles were completed in 1847, and in operation. In 1878, the mileage had increased to 6,264. The valuation of the operating roads was estimated the same year, at $76,113,500. Their taxation summed up $1,128,116.

No State in the Union has been more zealous in her educational interests than Ohio. Public lands were generously granted by Congress, and the State added her affii-mation. However, no practical and effectual system was adopted until 1825.

An act was then passed to tax all real property one-half mill per dollar for the establishment of schools in each township, and the support of the same. An act of 1829, increased the tax to three-fourths of a mill. Trustees of townships were instructed to make divisions and locate convenient school districts. Householders were to elect three school directors, a clerk and treasurer annually. Privileges and restrictions were enjoined in all cases. The householders were allowed their discretion, governed accordingly, in imposing taxes for the erection of school buildings. The Courts of the Common Pleas appointed a committee to examine the qualifications of those individuals making application for the position of teachers. The school extended equal privileges to all white children. Those of colored parentage were excluded, and no tax was levied for school purposes upon colored parents. An amendment has admitted the children of colored parents. The system has continued the same, with a few amendments. A State Commissioner of Common Schools is elected every third year, who has general charge of the interests of public schools. A State Board of Examiners, composed of three persons, appointed by the State Commissioner, for two years' term, is authorized to issue life certificates of high qualifications, to such teachers as it may find to possess the requisite scholarship, character, experience and ability. These certificates, signed by the Commissioner, are valid throughout the State. A County Board of Examiners, of three members, is formed in each county. Boards of education, for cities, are made up of one or two members from each ward. City Boards of Examiners are also appointed. Section 4 of the law of 1873, was amended in 1877, which made the territory annexed to an incorporated village, at the option of the voters of the village and tributary section, whether it be included with the village as one school district, or left as two school districts. Section 56 of the law was amended, in its bearing upon cities of 30,000 to 75,000 inhabitants, by limiting to five mills on the dollar of taxable property, the levies in such cities for continuing schools, for purchasing sites for schoolhouses, for leasing, purchasing, erecting and furnishing school houses, and for all school expenses. The public funds are subject to the discretion of voters, and boards are authorized, under instructions, to make the best use of such funds. Taxation is subject to the discretion of the State, certain limits being prescribed.

Ohio not only .sustains her public schools on a broad, liberal basis, but she encourages educational pursuits in superior universities and colleges throughout the State. These institutions are not aided by State funds, but are sustained by society influence, added to their self-supporting resources. Ohio also possesses a large number of normal schools, academies, seminaries and business colleges. These are not entitled to the privileges of the school fund. Scientific, profest^ional, theological, legal and medical instructions are in no manner limited in their facilities. Industrial and reformatory schools are especially thorough. Institutions for the instruction of the deaf and dumb, and blind, and feebleminded, are under the best discipline.

We may add, many female seminaries have been established which are entirely sustained by other than State aid. Ohio has, from its inception, been solid and vigorous in whatever tended toward improvement and enlightenment.

We have also referred to the banking system of this State, as being first established on a basis through a contest between the State and the General Government. Authorities differ regarding the exact date and location of the very first house established in the State for the purpose of transacting banking business. It is highly probable that Marietta is more directly associated with that event than any other town. There are at present over one hundred and sixty-seven national banks, with an aggregate capital of $27,794,468. It also ha.s eighteen banks of deposit, incorporated under the State banking laws of 1845, representing an aggregate capital of $539,904. Twenty-three savings banks, incorporated under the State act of 1875, with an aggregate capital of $1,277,500. Of private banks it has 192, with an aggregate capital of $5,663,898. The State represents in her banking capital over $36,275,770. The First National of Cincinnati has a capital stock of over $1,000,000. The others fall below that sum, their capital diminishing from 10,000 shares of $100 each. The valuation for taxation is $850,000 - Merchant's National of Cincinnati - to the valuation of a tax of $5,000 on the First National of Beverly.

Boundary Lines

We must not omit the subject of the State boundaries. Ohio was especially the field for most animated discussions, relative not only to State limits but county lines and township rights. In 1817, a severe controversy arose, which was settled only after violent demonstrations and Government interference.

In primitive times, the geographical position, extent and surface diversities were but meagerly comprehended. In truth, it may be asserted they could not have been more at variance with actual facts had they been laid out " haphazard." The ordinance of 1787 represented Lake Michigan far north of its real position, and even as late as 1812, its size and location had not been' definitely ascertained. During that year, Amos Spafford addressed a clear, comprehensive letter to the Governor of Ohio, on this subject, relative to the boundary lines of Ohio. Several lines of survey were laid out as the first course, but either Michigan or Ohio expressed disapproval in every case. This culminated in 1835, when the party beginning a " permanent " survey began at the northwest corner of the State, and was attacked by a force of Michigan settlers who sent them away badly routed and beaten. No efibrt was made to return to the work until the State and various parties had weighed the subject, and finally the interposition of the Government became necessary.

A settlement resulted in Ohio being bounded on the north by Lake Erie and the State of Michigan, on the east by Pennsylvania and West Virginia, on the south by the Ohio River, and on the west by Indiana.

It is situated between the 38° 25' and 42° north latitude, and 84° 50' west longitude from Greenwich, or 3° 30' and 7° 50' west from Washington. From north to south, it extends over 210 miles, and from east to west 220 miles - comprising 39,964 square miles.

The State is generally higher than the Ohio River. In the southern counties, the surface is greatly diversified by the inequalities produced by the excavating power of the Ohio River and its tributaries. The greater portion of the State was originally covered with timber, although in the central and northwestern sections some prairies were found. The crest or watershed between the waters of Lake Erie and those of the Ohio is less elevated than in New York or Pennsylvania. Sailing upon the Ohio the country appears to be mountainous, bluffs rising to the height of two hundred and fifty to six hundred feet above the valleys. Ascending the tributaries of the Ohio, these precipitous hills gradually lessen until they are resolved into gentle undulations, and toward the sources of the river the land is low and marshy.

Although Ohio has no inland lakes of importance, she possesses a favorable river system, which, aided by her canals, gives her prestige of a convenient water transportation. The lake on her northern boundary, and the Ohio River on her southern limit, afford most convenient outlets by water to important points. Her means of communication and transportation are superior in every respect, and are constantly being increased.

Organization Of Counties And Early Events

Adams County was named in honor of John Adams, second President of the United States. Gov. St. Clair proclaimed it a county on July 10, 1797. The Virginia Military Tract included this section, and the first settlement made within its boundaries was in this county in 1790 - 91, between the Scioto and Little Miami, at Manchester, by Gen. Nathaniel Massie. In this town was held the first court of the county.

West Union, the present county seat, was laid out by the Hon. Thomas Kirker. It occupies the summit of a high ridge. The surface of this county is hilly and broken, and the eastern part is not fertile. It produces corn, wheat, oats and pork. Beds of iron are found in the eastern part. Its hills are composed of aluminous shale. The barren hills afford a range for cattle and hogs. A sort of vagrant class derive a support by collecting stones, hoop-poles and tanners' barks from these hills.

Ashland County is one of the finest agricultural sections. It was formed February 26, 1846. Wheat comprises its principal crop, although large quantities of oats, com, potatoes, grass and fruit are raised. Ashland is its county scat, and was laid out by William Montgomery in 1816. It was called Uniontown for several years. Daniel Carter raised the first cabin within the county limits in 1811.

Ashtabula County was formed June 7, 1807, and was organized January 22, 1811. The surface is level near the lake, while the remainder is undulating. The soil is mostly clay. Very little wheat is raised, but considerable com and oats. Butter and cheese are the main marketable productions. This was the first county settled on the Western Reserve, and also the earliest in Northern Ohio. On the 4th of July, 1706, the first surveying party arrived at the mouth of Conneaut Creek. Judge James Kingsbury was the first who wintered there with his family. He was tbe first man to use a sickle in the first wheat-field in the Western Reserve. Their child was the first born on the Western Reserve, and was starved to death. The first regular settlement was at Harpersfield, in 1798.

Athens County was formed from Washington March 1, 1805. It produces wheat, corn, oats and tobacco. The surface is hilly and broken, with rich bottom lands between. Coal, iron ore and salt add materially to its commercial value. It has the advantage of the canal, as well as other transportation. Athens, its county seat, is situated on the Hocking River. The Ohio University, the first college founded in the State, is located here. We have mentioned the ancient mounds found in this county, heretofore. Yellow pine is abundant in the lower part of the Hocking Valley.

Brown County was formed March 1, 1818, from Adams and Clermont. It produces wheat, corn, rye, oats and pork. The southern part is prolific in grain, while the northern is adapted to grazing purposes. The surface is undulating, with the exception of the Ohio River hills. Over this county Tecumseb once held sway

Belmont County was announced by Gov. St. Clair September 7, 1801. It produces large crops of wheat, oats, corn and tobacco, an annual crop of over 2,000,000 pounds of the latter being the average. It also trades largely in wool and coal. It is a picturesque tract of country, and was one of the pioneers in the early settled portions.

In 1790, Fort Dillie was erected on the west side of the Ohio. Baker's Fort was a mile below the mouth of the Captina. Many desperate Indian battles were fought within the limits of this county, and the famous Indian scout, Lewis Wetzel, roamed over the region.

St. Clairsville is the county seat, situated on the elevation of land, in a fertile district. Capt. Kirkwood and Elizabeth Zane, of historic fame, were early pioneers here.

Butler County was formed In 1803, from Hamilton. It is within the blue limestone fonnation, and one of the most fertile sections of Ohio. It produces more corn than any other county in the State, besides fine crops of wheat, oats and large quantities of pork. Hamilton, the county seat, is situated on the Great Miami. Its hydraulic works furnish superior water-power. Rossville, on the opposite side of the Miami, is a large mercantile town.