Athens Township (part 10 of 21)

In response to this call County meetings were held and delegates appointed, who convened at the Bunch of Grapes Tavern, in Boston, March ist, 1786. The delegates were Winthrop Sargent and John Miles from Suffolk county; Manasseh Cutler from Essex; John Brooks and Thomas Gushing from Middlesex; Benjamin Tupper from Hampshire; Crocker Sampson from Plymouth; Rufus Putnam from Worcester; John Patterson and Jelaliel Woodbridge from Berkshire, and Abraham Williams from Barnstable.

" From the very pleasing description of the western country given by Generals Putnam and Tupper and others, it appearing expedient to form a settlement there, a motion was made for choosing a committee to prepare the draft of a plan of an

Alsoy resolved that this committee shall consist of five. Gen. Putnam, Manasseh Cutler, Col. Brooks, Major Sargent, and Capt. Cushing were elected.

Preamble. The design of this association is to raise a fund in continental certificates, for the sole purpose and to be appropriated to the entire use of purchasing lands in the Western Territory belonging to the United States, for the benefit of the Company, and to promote a settlement in that country.

Article 1st. That the fund shall not exceed one million of dollars, in continental specie certificates, exclusive of one year's interest due thereon (except as hereafter provided), and that each share or subscription shall consist of one thousand dollars, as aforesaid, and also ten dollars in gold or silver, to be paid into the hands of such agents as the subscribers may elect.

Article 2d. That the whole fund of certificates raised by this association, except one year's interest due thereon mentioned under the first article, shall be applied to the purchase of lands in some one of the proposed states northwesterly of the river Ohio, as soon as those lands are surveyed, and exposed for Sale by the commissioners of congress according to the ordinance of that honorable body passed the 20th of May, 1785, or on any other plan that may be adopted by congress, not less advantageous to the company. The one year's interest shall be applied to the purpose of making a settlement in the country and assisting those who may be otherwise unable to remove themselves thither. The gold and silver is for defraying the expenses of those persons employed as agents in purchasing the lands, and other contingent charges that may arise in the prosecution of the business. The surplus, if any, to be appropriated as the one year's interest on the certificates.

Article 4.th. That the prosecution of the Company's designs may be the least expensive, and at the same time the subscribers and agents as secure as possible, the proprietors of twenty shares shall constitute one grand division of the Company ; appoint their agent, and, in case of vacancy by death, resignation, or otherwise, shall fill it up as immediately as can be.

Article $th. That the agent shall make himself accountable to each subscriber for certificates and monies received, by duplicate receipts, one of which shall be lodged with the secretary ; that the whole shall be appropriated according to these articles of association, and that the subscriber shall receive his just dividend according to quality and quantity of lands purchased, as near as possibly may be, by lot drawn in person or through proxy, and that deeds of conveyance shall be executed to individual subscribers, by the agent, similar to those he shall receive from the directors.

Article 6th. That no person shall be permitted to hold more than five shares in the Company's funds, and no subscription for less than a full share will be admitted ; but this is not meant to prevent those who can not or choose not to adventure a full share, from associating among themselves, and by one of their number subscribing the sum required.

Article ']th. That the directors shall have the sole disposal of the Company's fund for the purposes before mentioned ; that they shall, by themselves, or such person or persons as they may think proper to entrust with the business, purchase lands for the benefit of the Company, where, and in such way, either at public or private sale, as they shall judge will be most advantageous to the Company. They shall also direct the application of the one year's interest, and gold and silver, mentioned in the first article, to the purposes mentioned under the second article, in such way and manner as they shall think proper. For those purposes, the directors shall draw on the treasurer from time to time, making themselves accountable for the application of the moneys, agreeably to this association.

Article %th. That the agents, being accountable to the subscribers for their respective divisions, shall appoint the directors, treasurer and secretary, and fill up all the vacancies which may happen in these offices respectively.

Article ()th. That the agents shall pay all the certificates and moneys received from subscribers into the hands of the treasurer, who shall give bonds to the agents, jointly and severally, for the faithful discharge of his trust ; and also, on his receiving certificates or moneys from any particular agent, shall make himself accountable therefor, according to the condition of his bonds.

Article loth. That the directors shall give bonds, jointly and severally, to each of the agents conditioned that the certificates and moneys they shall draw out of the treasury shall be applied to the purposes stipulated in these articles ; and that the lands purchased for the Company shall be divided among them within three months from the completion of the purchase, by lot, in such manner as the agents or a majority of them shall agree ; and that, on such division being made, the directors shall execute deeds to the agents, respectively, for the proportions which fall to their divisions, correspondent to those the directors may receive from the commissioners of congress.

Article iith. Provided^ That whereas a sufficient number of subscribers may not appear to raise the fund to the sums proposed in the first article, and thereby the number of divisions may not be completed, it is therefore agreed that the agents of divisions of twenty shares each, shall, after the J 7th day of October, next, proceed in the same manner as if the whole fund proposed had been raised.

Article 12th, Provided, also. That whereas it will be for the common interest of the Company to obtain an ordinance of incorporation from the honorable congress, or an act of incorporation from some one of the states in the Union (for which the directors shall make application), it is therefore agreed that, in case such incorporation is obtained, the fund of the Company (and, consequently, the shares and divisions thereof) may be extended to any sum, for which provision shall be made in said ordinance or act of incorporation, anything in this association to the contrary notwithstanding.

Article lyh. That all votes under this association may be given in person, or by proxy, and in numbers justly proportionate to the stock holden, or interest represented."

The foregoing report was adopted March 3, 1786, and subscription books were opened at once. A year passed before a sufficient number of shares were sub- scribed to justify further steps. On the 8th of March, 1787, a called meeting of the shareholders was held at Brackett's Tavern, in Boston, and Samuel H. Parsons, Gen. Rufus Putnam, and Dr. Manasseh Cutler were appointed directors to make proposals to congress, "for a private purchase of lands, and under such descriptions as they shall deem adequate for the purposes of the Company." Major Winthrop Sargent was elected secretary of the Company. The election of the other two directors (five being the number required) and treasurer was postponed till a future meeting. The directors employed Dr. Manasseh Cutler* to make a contract with congress for a body of land in the "Great Western territory of the Union."

* In an original memorandum concerning the transactions of the Ohio Company, in the handwriting of Dr. Cutler, now before us, he says: "In April, 1787, the directors empowered Gen. Parsons, of Connecticut, to apply to congress for the purchase of lands on the Muskingum river. He petitioned congress, and a committee was appointed to confer with him. To that committee he proposed a purchase on the Scioto river. The proprietors here were generally dissatisfied with the situation and lands on the Scioto, and much preferred the Muskingum. The directors then appointed Sargent and myself agents to go on to congress, and, if possible, make the purchase on Muskingum - which we did. This business was precipitated through fear of other purchasers taking the lands we wished to purchase, as several other companies were making applications to congress at that time. This circumstance occasioned an earlier appointment of a majority of directors, and less formality than there would otherwise have been."

Dr. Cutler left his home in Hamilton, Massachusetts, in June, 1787, for New York, where the congress was then sitting. The constitutional convention, engaged in framing the Federal constitution, was sitting at the same time in Philadelphia, and Dr. Cutler bore letters of introduction to leading men in both cities. His Journal of this trip is before us, and we insert, at length, those portions of it which relate to his negotiations with congress, as a part of the chronicles of the Ohio Company. * The good Doctor's Journal shows that the art of "lobbying" was not altogether unknown even at that early period of our history. The portions omitted are entirely personal or have no relation whatever to the negotiation.

^^ Sunday^ June 24, 1787. - Exchanged with Mr. Parsons, of Lynn. After meeting, called on John Carnes, Esq., to receive his commands, if any, for New York. Rode to Cambridge. Spent the evening at Dr. Williams's, in company with Mr. Winthrop, the librarian. Proposed going to President Wil-

* For this very interesting document, as for other valuable material, we are indebted to Mrs. Sarah Cutler Dawes, of Washington county, Ohio, a granddaughter of Dr. Cutler. The Journal ought to be published entire; our space only allows such extracts as are here inserted touching the history of the Ohio Company.

Monday^ June lyh. - Waited on Dr. Willard this morning, who favored me with a number of introductory letters to gentlemen at the southward. Received several from Dr. Williams, and went with him to Boston. Received letters of introduction from Gov. Bowdoin, Mrs. Winthrop, Dr. Warren, Dr. Dexter, Mr. Guild, Mr. Belknap, etc. ; conversed with Gen. Putnam ; received letters ; settled the principles on which I am to contract with Congress for lands on account of the Ohio Company."

^^ Monday y July 2. - It was nine o'clock this morning before Gen. Parsons and I had settled all our matters, with respect to my business with Congress. He favored me with a large number of letters to members of Congress and other gentlemen in New York.

July ^th. * * * About three o'clock I arrived at the city (New York) by the road that enters the Bowery. Put up my horse at the sign of the Plough and Harrow, in the Bowery Barns. After dressing myself, I took a walk into the city. When I came to examine my letters of introduction, I found them so accumulated that I hardly knew which to deliver

"The first letter I delivered was to Mr. Hugh Henderson. He is a wholesale merchant, and lives in a genteel style on Golden Hill street, New York. Mr. Henderson received me very politely. After tea, he proposed a walk about the city, but first gave me a specimen of Scotch generosity - urged me to take lodgings with him while I tarried in the city, assigned me one of the front chambers, and ordered his servant, Starling, to attend me. After finding that no apology would avail, I accepted his invitation, and his servant was sent for my baggage. We rambled over a considerable part of the city before dark, delivered a number of my letters, and returned and spent the evening very agreeably at Mr. Henderson's.

Friday^ July 6th. - This morning delivered most of my introductory letters to members of Congress. Prepared my papers for making my application to Congress for the purchase of lands in the western country for the Ohio Company. At eleven o'clock, I was introduced to a number of members on the floor of Congress chamber, in the City Hall, by Colonel Carrington, member from Virginia. Delivered my petition for purchasing lands for the Ohio Company, and proposed terms and conditions of purchase. A committee was appointed to agree on terms of negotiation, and report to Congress. Dined with Mr. Dane.

and several other gentlemen. Was introduced, by Mr. Ewing and Mr. Rittenhouse, to Mr. Hutchins, geographer to the United States. Consulted him where to make our location. Dined with Gen. Knox.

Monday^ July gth. - Waited this morning, very early, on Mr. Hutchins. He gave me the fullest information of the western country, from Pennsylvania to the Illinois, and advised me, by all means, to make our location on the Muskingum, which was decidedly, in his opinion, the best part of the whole western country. Attended the committee before Congress opened, and then spent the remainder of the forenoon with Mr. Hutchins.

Attended the committee at Congress chamber ; debated on terms, but were so wide apart that there appears little prospect of closing a contract. * * * Called again on Mr. Hutchins, consulted him further about the place of location. Spent the evening with Dr. Holton, and several other members of Congress, in Hanover square.

July loth, - This morning, another conference with the committee. As Congress was now engaged in settling the form of government for the Federal territory, for which a bill has been prepared and a copy sent to me (with leave to make remarks and propose amendments), which I had taken the liberty to remark upon, and propose several amendments, I thought this the most favorable time to go on to Philadelphia. Accordingly, after I had returned the bill with my observations, I set out, at seven o'clock.**

^^July 18/A. - Paid my respects, this morning, to the President of Congress, Gen. St. Clair. Called on a number of my friends. Attended at the City Hall on members of Congress and their committee. We renewed our negotiations.

July jgth. - Called on members of Congress very early in the morning, and was furnished with the ordinance establishing a government in the western Federal territory. It is, in a degree, new modeled. The amendments I proposed have all been made except one, and that is better qualified. It was, that we should not be subject to continental taxation, unless we were entitled to a full representation in Congress. This could not be fully obtained; for it was considered in Congress as offering a premium to emigrants. They have granted us representation, with the right of debating but not of voting, upon our being first subject to taxation. As there are a number in Congress opposed to my terms of negotiation, and some to any contract, I wish now to ascertain the number for and against, and who they are ; and must then, if possible, bring the opponents over. This I have mentioned to Col. Duer, who has promised to assist me. Grayson, R. H. Lee, and Carrington are certainly my warm advocates. Holton, I think, may be trusted. Dane must be carefully watched, notwithstanding his professions. Clark, Bingham, Yates, Kearney, and Few are troublesome fellows. They must be attacked by my friends at their lodgings. If they can be brought over, I shall succeed ; if not, my business is at an end. Attended the committee this morning. They are determined to make a report to-day, and try the spirit of Congress. Dined with Gen. Knox and about forty-two gentlemen, officers of the late continental army, and among them Baron Steuben. Gen. Knox gave us an entertainment in the style of a prince. I had the honor to be seated next the Baron, who is a hearty, sociable old fellow. He was dressed in his military uniform, and with the ensigns of nobility, the star and garter. Every gentleman at the table was of the ^Cincinnati,* except myself, and wore his appropriate badges. Spent the evening at Dr. Holton's with Col. Duer and several members of Congress, who informed me that an ordinance was passed in consequence of my petition, but, by their account of it, it will answer no purpose.

July 20th, - This morning the Secretary of Congress furnished me with the ordinance of yesterday, which states the conditions of a contract, but on terms to which I shall by no means accede. I informed the committee of Congress that I could not contract on the conditions proposed ; that I should prefer purchasing lands from some of the states, who would give incomparably better terms; and therefore proposed to leave the city immediately. They appeared to be sorry no better terms were effected, and insisted on my not thinking of leaving Congress until another attempt was made. I told them I saw no prospect of contracting, and wished to spend no more time and money in a business so unpromising. They assured me that I had many friends in Congress, who would make every exertion in my favor ; that it was an object of great magnitude, and that I must not expect to accomplish it in less than two or three months. If I desired it they would take the matter up that day on different grounds, and did not doubt they should obtain terms agreeable to my wishes. Col. Duer came to me with proposals from a number of the principal characters of the city.

to extend our contract and take in another company - but that it should be kept a profound secret.* He explained the plan they had concerted, and offered me generous conditions if I would accomplish the business for them. The plan struck me agreeably 5 Sargent insisted on my undertaking, and both urged me not to think of giving the matter up so soon. I was convinced it was best for me to hold up the idea of giving up a contract with Congress, and making a contract with some of the states, which I did in the strongest terms, and represented to the committee and to Duer and Sargent the difficulties I saw in the way, and the improbability of closing a bargain when we were so far apart ; and told them I conceived it not worth while to say anything further to Congress on the subject. This appeared to have the effect I wished. The committee were mortified, and did not seem to know what to say; but still urged another attempt. I left them in this state, but afterward explained my views to Duer and Sargent, who fully approved my plan. Promised Duer to consider his proposal. We had agreed last evening to make a party to Brooklyn, on Long Island, which is a small village opposite New York, divided from it by East river. Duer, Webb, Hammond, Sargent, with others, were of the party. When we landed, we ordered a dinner of fried oysters at the Stone House tavern. We took a walk on the highlands, and viewed several of the old forts

* This refers to the " Scioto Company," whose French settlement at Gallipolis was one of the most disastrous episodes of the day. The confused and mysterious accounts of it can not, even at this distance of time, be read without lively pity for the sufferings of the poor Frenchmen, and indignation at the authors of their misfortunes. With this, however, neither Dr. Cutler nor the Ohio Company had anything to do. Their action was all in good faith.

erected by the British. Our dinner was elegant. I spent the evening closeted with Colonel Duer, and agreed to purchase more land, if terms can be obtained, for another company, which will probably forward the negotiation.

Saturday J July list, - Several members of Congress called on me early this morning. They discovered much anxiety about a contract, and assured me that Congress, on finding I was determined not to accept their terms, and had proposed leaving the city, had discovered a much more favorable disposition, and believed, if I renewed my request, I might obtain conditions as reasonable as I desired. I was very indifferent, and talked much of the advantages of a contract with one of the states. This I found had the desired effect. At length I told them that if Congress would accede to the terms I proposed, I would extend the purchase from the tenth township from the Ohio and to the Scioto inclusively ; by which Congress would pay more than four millions of the public debt ; that our intention was an actual, a large and immediate settlement of the most robust and industrious people in America -, and that it would be made systematically, which must instantly enhance the value of Federal lands, and prove an important acquisition to Congress. On these terms I would renew the negotiation, if Congress was disposed to take the matter up again. Dined with Gen. Webb, at the Mess House, in Broadway, opposite the Play House. Spent the evening with Mr. Dane and Mr. Milliken. They informed me that Congress had taken up my business again.

July i^d. - My friends had made every exertion, in private conversation to bring over my opponents in Congress. In order to get at some of them so as to work powerfully on their minds, we were obliged to engage three or four persons before we could get at them. In some instances we engaged one per- son, who engaged a second and he a third, and so on to the fourth before we could effect our purpose. In these maneuvers I am much beholden by the assistance of Col. Duerand Major Sargent. The matter was taken up this morning in Congress and warmly debated until three o'clock when another ordinance was obtained.* This was not to the minds of my friends, who were considerably increased in Congress, but they conceived it to be better than the former, and they had obtained an additional clause empowering the Board of Treasury to take order upon this ordinance and complete the contract on the general principles contained in it, which still left room for negotiation.

Spent the evening with Col. Grayson, and members of Congress from the southward, who were in favor of a contract. Having found it impossible to support Gen. Parsons as a candidate for Governor, after the interest that Gen. St. Clair had secured, and suspecting this might be some impediment in the way (for my endeavors to make interest for him were well known) and the arrangements for civil officers being on the carpet, I embraced this opportunity frankly to declare that for my own part - and ventured to engage for Major Sargent - if Gen. Parsons could have the appointment of First Judge, and Sargent, Secretary, we would be satisfied ; and that I heartily wished that His Excellency Gen. St. Clair might be Governor, and that I would solicit the Eastern members to favor such an arrangement. This I found rather pleasing to the Southern members, and they were so complacent as to ask repeatedly what office would be agreeable to me in the Western country. I assured them I wished for no appointment in the civil line. Col. Grayson proposed the office of one of the Judges, which was seconded by all the gentlemen present. The obtaining an appointment, I observed, had never come into my mind, nor was there any civil office I should, at present, be willing to accept. This declaration seemed to be rather surprising, especially to men who were so much used to solicit or to be solicited for appointments of honor or profit. They seemed to be the more urgent on this head. I observed to them although I wished for nothing for myself, yet I thought the Ohio Company entitled to some attention ; that one of our Judges, besides Gen. Parsons, should be of that body, and that Gen. Putnam was the man best qualified, and would be most agreeable to the Company, and gave them his character. We spent the evening very agreeably until a late hour.

July 2^th. - I received this morning a letter from the Board of Treasury inclosing the resolutions of Congress which passed yesterday and requesting to know whether I was ready to close a contract on those terms. As the contract had now become of much greater magnitude than when I had only the Ohio Company in view, I felt a diffidence in acting alone, and wished Major Sargent to be joined with me, although he had not been formally empowered to act, for the commission from the directors was solely to me. It would likewise take off some part of the responsibility from me if the contract should not be agreeable. After consulting Duer, I proposed it to Sargent who readily accepted. We answered the letters from the Board as jointly commissioned in making the contract. We informed the Board that the terms in the Resolve of Congress were such as we could not accede to, without some variation. We therefore begged leave to state to the BoarcT the terms on which we were ready to close the contract, and that those terms were our ultimatum. This letter * was sent to the Board, but the packet having just arrived from England and another to sail next morning, it was not in their power to attend any further to our business for the day. Dined with Mr. Hillegas, Treasurer of the U. S. I spent the evening with Mr. Osgood, President of the Board of Treasury, who appeared very solicitous to be fully informed of our plan. No gentleman has a higher character for planning and calculating than Mr. Osgood ; I was therefore much pleased with having an opportunity of fully explaining it to him. We were, unfortunately, interrupted with company ; we, however, went over the outlines and he appeared to be well disposed.

July 2Sth. - This morning the Board of Treasury sent our letter to the Secretary of Congress, requesting him to lay it before Congress for their approbation or rejection. But the dispatches from Europe, received yesterday by the British packet, occupied the attention of Congress for the day. Mr. Osgood desired me to dine with him, assuring me that he had purposely omitted inviting any other company, that we might not be interrupted in going over our plan. I had been repeatedly assured that Mr. Osgood was my friend, and that he had censured Congress for not assenting to the terms I had offered ; but, such is the intrigue and artifice often practiced by men in power, I felt very suspicious and was as cautious as possible. Our plan, however, I had no scruple to communicate and went over it in all its parts.

Mr. Osgood made many valuable observations. The extent of his information astonished me. His views of the continent of Europe were so enlarged that he appeared to be a perfect master of every subject of this kind. He highly approved of our plan, and told me he thought it the best formed in America. He dwelt much on the advantages of system in a new settle- ment - said system had never before been attempted ; that we might depend on accomplishing our purposes in Europe, and that it was a most important part of our plan. If we were able to establish a settlement as we proposed, however small in the beginning, we should then have surmounted our greatest difficulty ; that every other object would be within our reach, and, if the matter was pursued with spirit, he believed it would prove one of the greatest undertakings ever yet attempted in America. He thought Congress would do an especial service to the United States even if they gave us the land, rather than that our plan should be defeated, and promised to make every exertion in his power in my favor. We spent the afternoon and evening alone and very agreeably.

It being now eleven o'clock Gen. St. Clair was obliged to attend Congress. After we came into the street. Gen. St. Clair assured us he would make every possible exertion to prevail with Congress to accept the terms contained in our letter. He appeared much interested and very friendly, but said we must expect opposition. I was fully convinced that it was good policy to give up Parsons, and openly to appear solicitous that St. Clair might be appointed Governor. Several gentlemen have told me that our matters went on much better since St. Clair and his friends had been informed that we had given up Parsons, and that I had solicited the Eastern members in favor of St. Clair's appointment. I immediately went to Sargent and Duer. We now entered into the true spirit of negotiation with great bodies. Every machine in the city that it was possible to set to work we now put in motion. Few, Bingham, and Kearney are our principal opposers. Of Few and Bingham there is hope, but to bring over that stubborn mule of a Kearney is beyond our power. The Board of Treasury, I think, will do us much service, if Dr. Lee is not against us - though Duer assures me that I have got the length of his foot, and that he calls me a frank, open, honest New England man, which he cohsiders as an uncommon animal ; yet from his jealous, cautious make, I feel suspicious of him, especially as Mr. Osgood tells me that he has made every attempt to learn his sentiments but is unable to do so. His brother, Richard Henry Lee, is certainly our fast friend, and we have hopes he will engage him in our interests. Dined with Sir John Temple in company with several gentlemen. Immediately after dinner I took my leave of them and called on Dr. Holton. He told me Congress had been warmly engaged in our business the whole day ; that the opposition was lessened, but our friends did not think it prudent to come to a vote, lest there should not be a majority in favor. I felt much discouraged and told Dr. Holton I thought it in vain to wait any longer, and should certainly leave the next day. He cried out on my impatience ; said if I obtained my purposes in a month from that time, I should be far more expeditious than was common in getting much smaller matters through Congress ; that it was of great magnitude for it far exceeded any private contract ever made before in the United States ; that if I should fail now I ought still to pursue the matter, for I should most certainly finally obtain the object I wished. To comfort me, he assured me it was impossible for him to conceive by what kind of address I had so soon and so warmly engaged the attention of Congress j for since he had been a member of that body he assured me, on his honor, that he never knew so much attention paid to any one person who made application to them on any kind of business, nor did he ever know them more pressing to bring it to a close. He could not have supposed that any three men from New England, even of the first characters, could have accomplished so much in so short a time. This, I believe, was mere flattery, though it was delivered with a very serious air ; but it gave some consolation. I now learned very nearly who were for and who against the terms. Bingham has come over, but Few and Kearney are stubborn. Unfortunately there are only eight states represented, and, unless seven of them are in favor, no ordinance can pass.* Every moment of this evening until two o'clock was busily employed. A warm siege was laid on Few and Kearney from different quarters, and, if the point is not eflrectually carried, the attack is to be renewed in the morning. Duer, Sargent, and myself have agreed that if we fail, Sargent shall go on to Maryland, which is not at present represented, and prevail on the members of that state to come on, and interest themselves, if possible^ in our plan. I am to go on to Connecticut and Rhode Island to solicit the members from those states to go on to New York, and to lay an anchor to windward with them. As soon as those states are represented, Sargent is to renew the application, and I have promised Duer that, if it be found necessary I will then return to New York again.

Friday^ July T.'jth, - I rose very early this morning, and after adjusting my baggage (for I was determined to leave New York this day), I set out on a general morning visit and paid my respects to all the members of Congress in the city, and informed them of my intention to leave the city that day. My expectations of forming a contract, I told them, were nearly at an end. I should, however, wait the decision of Congress, and if the terms which we had stated and which I considered to be very advantageous to Congress, considering the state of the country, were not accepted, we must turn our attention to some other part of the country. New York, Connecticut, and Massachusetts would sell us lands at half a dollar an acre, and give us exclusive privileges beyond what we had asked of Congress. The speculating plan concerted between the British of Canada and the New Yorkers was now well known. The uneasiness of the Kentucky people with respect to the Mississippi was notorious. A revolt of that country from the Union, if a war with Spain took place, was universally acknowledged to be highly probable ; and most certainly a systematic settlement in that country, conducted by men strongly attached to the Federal Government and composed of young, robust, hardy, and active laborers, who had no idea of any other than the Federal Government, I conceived to be an object worthy of some attention. Besides, if Congress rejected the terms now offered, there could be no prospect of any application from any other quarter. If a fair and honorable purchase could now be obtained, I presumed contracts with the natives similar to that made with the Six Nations, must be the consequence, especially as it might be much more easily carried into effect. These, and such like, were the arguments I urged. They seemed to be fully acceded to, but whether they will avail is very uncertain. Mr. R. H. Lee assured me he was prepared for one hour's speech, and he hoped for success. All urged me not to leave the city so soon, but I assumed an air of perfect indifference and persisted in my determination, which had, apparently, the effect I wished. Passing the City Hall as the members were going into Congress, Col. Carrington told me he believed Few was secured ; that little Kearney was left alone, and that he was determined to make one trial of what he could do in Congress. Called on Sir John Temple for letters to Boston. Bid my friends good bye, and, as it was my last day, Mr. Henderson insisted on my dining with him and a number of his friends whom he had invited.

At half past three, I was informed that an ordinance had passed Congress on the terms stated in our letter, without the least variation, and that the Board of Treasury was directed to take order and close the contract. This was agreeable but unexpected intelligence. Sargent and I went immediately to the Board, who had received the ordinance, but were then rising. They urged me to tarry the next day, and they would put by all other business to complete the contract ; but I found it inconvenient, and after making a general verbal adjustment, left it with Sargent to finish what was to be done at present. Dr. Lee congratulated me, and declared he would do all in his power to adjust the terms of the contract, so far as was left to them, as much in our favor as possible. I proposed three months for collecting the first half million of dollars, and for executing the instruments of contract, which was acceded to. By this ordinance we obtained the grant of near five millions of acres of land, amounting to three and a half million dollars. One million and a half acres for the Ohio Company, and the remainder for a private speculation, in which many of the principal characters in America are concerned. Without connecting this speculation, similar terms and advantages could not have been obtained for the Ohio Company. On my return through Broadway, I received the congratulations of a number

Dr. Cutler left New York on the evening of this day - the 27th of July. On his homeward journey, he again called on Gen. Parsons at his home in Connecticut.

"When I had informed the General of my negotiations with Congress, I had the pleasure to find it not only met his approbation, but he expressed his astonishment that I had obtained terms so advantageous, which, he said, were beyond his expectation. He assured me he preferred the appointment of first judge to that of governor, especially if Gen. St. Clair was governor. He proposed writing to Gen. St. Clair and his friends in Congress, that they would procure an appointment for me on the same bench ; but I absolutely declined, assuring him I had no wish to go in the civil line." *

*'On the 29th of August, 1787, I made a report to the directors and agents at a meeting in Boston, of the purchase and terms agreed upon by the Board of Treasury, and Sargent and myself. At this meeting a great number of the proprietors attended, all of whom fully approved of the proposed contract. Gen. Varnum was elected a director, and Richard Piatt treasurer. Sargent and myself were directed to proceed to New York immediately, to make the first payment and complete the contract. At this meeting, Gen. Parsons and Gen. Varnum, two gentlemen eminent in the law, were requested to prepare the bonds for the directors and treasurer to execute. They did so.** had addressed a letter to the Board of Treasury, proposing to enter into a contract for the purchase of the lands described in the ordinance of July 23d.* On the 27th, their letter was referred by Congress to the Board of Treasury " to take order/' but the contract was not finally executed till October 27th, 1787.

Of the grant thus obtained, amounting to nearly five million acres of land, only one million and a half were for the Ohio Company; and, owing to certain embarrassments in its affairs, the company finally became possessed of only nine hundred and sixty-four thousand two hundred and eighty-five acres. The whole tract bargained for by the Ohio Company for themselves is thus described: *^From the seventh range of townships, extending along the Ohio southwesterly to the place where the west line of the seventeenth range of townships would intersect that river; thence northerly so far that a line drawn due east to the western boundary of said seventh range of townships would, with the other lines, include one million and a half acres of land, besides the reserves." These reserves were two townships for the purposes of a university, and the school and ministerial sections in each township, f and some have held that they showed great lack of judgment in the matter. Why, it has been asked, did they choose the hilly and unattractive lands lying on the Hockhocking and the Raccoon, when they might as easily have selected the broad and fertile plains in the southwestern part of the state?

There were weighty considerations at the time of the purchase to justify the wisdom of their location. First, they had the protection of Fort Harmar, a wellestablished military post, garrisoned by government troops. Secondly, they were influenced by the remoteness of the Indian tribes, who had no fixed habitations in this region, and whose visits thither, though full of danger to the settlers and much dreaded, might be expected to be comparatively rare. They were also contiguous to Western Virginia, where the whites had some settlements pretty well advanced. Moreover, there is evidence that they knew of the existence, to some extent, of coal, salt, and iron, within the territory selected; and, finally, it was then believed that the communication between the Ohio river and Lake Erie, would be through the Cuyahoga and Muskingum rivers, and that a great trade would eventually grow up, flowing westwardly from the Potomac and James rivers, across the mountains and down the Kanawha. It is needless to say that not all of these considerations were well founded.

had a great deal to do in deciding the location, if, indeed, his advice was not conclusive. He had formerly been a captain in the army, and had accompanied Col. Bouquet's celebrated expedition against the Indians, in 1764, as a military engineer. He wrote "A Description of the Ohio, Scioto, Kanawha, Wabash, and Illinois Rivers," which was published in London in 1778; also, "An Account of Florida, Louisiana, the Mississippi," etc., published at Philadelphia, 1784. He had traveled much through the western country, and had closely noted the comparative advantages of different regions. He advised Dr. Cutler, "by all means to make the location on the Muskingum." Mr. Hutchins's recommendation probably referred to the rich bottom lands on the upper Muskingum, a region at that time greatly exposed to Indian depredations. His advice was, however, followed to the extent of locating the Company's chief town at the mouth of the Muskingum, and extending the purchase from there southwestwardly into the interior and along the Ohio river.

**The Ohio Company had their first choice within this rich and ample domain, but unfortunately selected the poorest tract in its whole compass. An anecdote is told, which, if true, would seem to indicate that their shrewdness, for once, over- reached itself. It is said that when the party arrived at Wheeling, on their way to the settlement, they met with Ebenezer Zane, afterward the proprietor of Zanesville, and at that time familiar with the Ohio country. They asked his opinion as to the best place of location, and he, in honest simplicity, named several, either of which would have verified his recommendation. He did noty however, mention the tract about the mouth of the Muskingum. What could be the reason ?. Possibly he had an eye to it himself, and, if so, it must be the best. The party at once took up their line of march, and, without looking further, planted themselves there."

This anecdote is quite incredible, for the palpable reason that the location had been decided upon, and even the plan for a city at the mouth of the Muskingum adopted, before the party left New England, or ever met Col. Zane.

Another version is given of Col. Zane's possible influence in fixing the location. General Samuel H. Parsons, one of the Ohio Company's directors, who strongly urged the location between the Muskingum and Scioto, had been appointed by the old congress a commissioner to treat with the Indian tribes of the west, and in the discharge of this duty, visited that country in 1785 and '6. A writer in the North American Review (vol. 47), who states that his information was received direct from Gen. Putnam, says:

"After Gen. Parsons had examined the country immediately about the junction of the Muskingum with the Ohio, he proceeded up the valley of the former that he might have a view of the interior. Having gone many miles, he met one of the Zanes, four of which family were among the most noted of the frontier rangers. Zane was probably engaged in salt making, at Salt creek, which runs into the Muskingum about ten miles below the present town of Zanesville. Parsons, well knowing that the man he had chanced upon knew, from an acquaintance of fifteen years or more, the whole of what now forms the state of Ohio, asked his advice touching the location of the purchase which the Ohio Company proposed to make. Zane, having pondered the matter, and consulted with some of the old Delaware Indians that lived thereabout, recommended the General to choose either the Miami country or the valley of the Scioto, in preference to that which he was then examining. What it was that made Parsons doubt the good faith of the pioneer, we know not ; but he came to the conclusion that Zane really preferred the Muskingum to any other point, and wished to purchase it himself, when the sales should begin, in a few months. This impression did away what little doubt still remained in his mind ; and returning to the east, he laid his proposal to contract with Congress for all the land along the Ohio, between the seventh range of townships and the Scioto, and running back as might be afterward agreed upon, before the directors of the Company of Associates."

a large amount of rough and broken land; but it also included many tracts of beautiful farming country, well watered, well timbered, healthful, and fertile. And whatever reasons were wanting fifty years ago to justify the wisdom of the location, have been furnished in later days by the solid agricultural growth of the counties included in the purchase, and by their great and rapidly developing mineral wealth. Agricultural interests are ever the earliest to be developed; but, in the long run, the mineral resources of a country are equally important to its wealth and supporting power. The vast deposits of coal and iron in Athens county and adjacent regions, are but just beginning to be utilized, and the time may yet come when the **Ohio Company's Purchase," which they were laughed at for selecting, and which, in later years, , has been stigmatized as the " Huckleberry Knobs," will support a swarming population. Those hills will some day smoke with forges, foundries, and manufactories of iron. They will be honey-combed with innumerable tunnels, from which will be taken the precious deposits of coal there concealed, and a million freemen may yet inhabit those counties, which, while their wealth lay hidden, were disregarded for more fertile parts, but which, when developed, will furnish forth the wealth of an empire.

Chapter Iii

THEIR purchase being now fully consummated and the Company having been put in immediate possession of seven hundred and fifty thousand acres, they at once began to arrange details and prepare for emigration. A meeting of the directors and agents of the Company was held at Brackett's Tavern, in Boston, on the 2ist of November, 1787, at which it was

^^ Resolved^ That the lands of the Ohio Company may be alloted and divided in the following manner, anything to the contrary in former resolutions notwithstanding, viz : four thousand acres near the confluence of the Ohio and Muskingum rivers for a city and commons, and, contiguous to this, one thousand lots of eight acres each, amounting to eight thousand acres.

Upon the Ohio, in fractional townships, one thousand lots of one hundred and sixteen acres and jYu) amounting to one hundred and sixteen thousand four hundred and eighty acres.

In the townships on the navigable rivers, one thousand lots of three hundred and twenty acres each, amounting to three hundred and twenty thousand acres.

- And in the inland towns, one thousand lots of nine hundred and ninety-two acres each, amounting to nine hundred and ninety. two thousand acres, to be divided and allotted as the agents shall hereafter direct.

Resolved^ further^ That there be the following reservations, viz: one township at the falls of the Great Hockhocking river; one township at the mouth of the Great or Little river of that name ; and one township opposite to the mouth of the Great Kanawha river ; which reservations may hereafter be allotted and divided as the directors and agents shall see fit.

Resolved^ That the army bounty rights be considered in part payment of the shares of military associates in the ratio of one dollar to every acre to which they are entitled ; and that this rule be observed by the agents of the subscribers in rendering their returns, and by the agents appointed by the directors for the second payment to the Board of Treasury.

Resolved^ That no further subscriptions be admitted after the 1st day of January next, and that all interest arising on sums paid since the payment of the first half million to the Board of Treasury, until the second payment be completed, shall accrue to the benefit of the Company's funds \ and that the agents pay all the money they may have in their possession into the treasury of the Company by the ist day of March next.

Resolved^ That the eight-acre lots be surveyed and a plat or map thereof be made, with each lot numbered thereon, by the first Wednesday in March next, and that a copy thereof be immediately forwarded to the secretary and the original retained by the Company's superintendent ; that the agents meet on the same Wednesday in March, at Rice's Tavern, in Providence, State of Rhode Island, to draw for said lots in numbers as the ame shall be stated upon the plat ; that a list of the drawings be

Resolved^ That this meeting of the directors and agents of the Ohio Company be and it is hereby adjourned to the first Wednesday in March, 1788, to be then holden at Rice's Tavern in the town of Providence and State of Rhode Island."*

Much of the foregoing resolutions relative to the allotments, division, and reservations of land, became of no effect, because, as before stated, the Company finally came in possession of only nine hundred and sixty- four thousand two hundred and eighty-five acres.

" Ordered^ That four surveyors be employed under the superintendent hereinafter named ; that twenty-two men shall attend the surveyors 5 that there be added to this number twenty men, including six boat-builders, four house-carpenters, one blacksmith and nine common workmen :

That the boat-builders shall proceed on Monday next, and the surveyors shall rendezvous at Hartford, the ist day of January next, on their way to the Muskingum : one hoe to each man and thirty pounds weight of baggage, shall be carried in the company's wagons, and the subsistence of the men on their journey be furnished by the company.

That upon their arrival at the places of destination, and entering on the business of their employment, the men shall be subsisted by the company and allowed wages at the rate of four dollars each, per month, until discharged.

That they be held in the company's service until the first day of July next, unless sooner discharged, and that if any of the persons employed shall leave the service, or willfully injure the same, or disobey the orders of the superintendent, or others acting under him, the person so offending shall forfeit all claim to wages.

That their wages shall be paid the next autumn, in cash, or lands, upon the same terms as the company purchased them. That each man furnish himself with a good small arm, bayonet, six flints, a powder-horn and pouch, priming-wire and brush, half a pound of powder, one pound of balls, and one pound of buckshot. The men so engaged shall be subject to the orders of the superintendent, and those he may appoint, as aforesaid, in any kind of business they shall be employed in, as well for boat building and surveying, as for building houses, erecting defences, clearing land, and planting, or otherwise, for promoting the settlement ; and, as there is a probability of interruption from enemies, they shall also be subject to orders as aforesaid in military command, during the time of their employment.

That Col. Ebenezer Sproat, from Rhode Island, Mr. Anselm Tupper and Mr. John Matthews, from Massachusetts, and Col. R. J. Meigs, from Connecticut, be the surveyors.

That Gen. Rufus Putnam be the superintendent of all the business aforesaid, and he is to be obeyed and respected accordingly ; that he be allowed for his services forty dollars a month and his expenses, to commence from the time of his leaving home."

The next meeting was held March 5th, 1788, at Rice's Tavern, in Providence, Rhode Island. At this meeting, the drawing for lots in the new city took place, as had been previously ordered. A committee was also appointed, consisting of the Rev. Dr. Cutler, Col. May, and Gen. Varnum, " to consider and report upon the expediency of employing some suitable person as a public teacher at the settlement now making by the Ohio Company." The committee reported:

" That the directors be requested to pay as early attention as possible to the education of youth and the promotion of public worship among the first settlers \ and that, for these important services, they employ, if practicable, an instructor eminent for literary accomplishments and the virtue of his character, who shall also superintend the first scholastic institutions and direct the manner of instruction; and to enable the directors to carry into execution the intentions expressed in this resolution, the proprietors, and others of benevolent and liberal minds, are earnestly requested to contribute, by voluntary donation, to the forming of a fund to be solely appropriated thereto."

discharge the double functions of preacher and teacher. Thus early and clearly did the founders of the new state recognize the fact that republican institutions are based on the intelligence and virtue of the people, and that there can be no liberty without light. Dr. Cutler engaged the Rev. Daniel Story, a young minister then preaching at Worcester, Massachusetts; and to him belongs the distinguished honor of being the first regularly ordained Congregational minister in all the territory northwest of the Ohio river.*

" Dear Si« : This will be handed you by Mr. Daniel Story, whom I beg leave to introduce to your acquaintance in character of a preacher, and who, I hope, will be very agreeable to you and to the people. He has ever supported a respectable character in private life and as a minister of the Gospel. The terms on which he goes into the country are, that his board be given him ; that he draw firom the funds, raised to support preaching four dollars, in silver, per week ; that he be permitted to improve, if he pleases, a part of the lands, near the city, granted for religious purposes ; that the people be requested to assist in clearing and cultivating, so far at least as shall render his pay equal to five dollars per week ; and that he be allowed a reasonable compensation for his expenses in going into the country. These were the lowest terms on which he would consent to go. He could have his board and five dollars a week here, and constant employ. As he must lose several Sabbaths in going into the country, he conceived it reasonable that he should have a consideration for his expenses. There was no other person of respectable character, whom I could engage on better terms. This is to be

Pursuant to the orders of the directors, the boatbuilders and mechanics, under the command of Major Haffield White, rendezvoused at Dan vers, Massachusetts, in December, 1787. The party consisted of twenty-two men. The arrangements being completed they set out for Sum rill's Ferry, on the Youghiogheny river, about thirty miles above Pittsburg, where it was intended to build boats, and proceed thence by water. After a long and difficult journey, they reached this point toward the last of January, and immediately began their work of boat building.

Meanwhile, the surveyors with their attendants, and the remainder of the pioneer party, having met at Hartford, Connecticut, early in January, 1788, commenced their march westward, under the command of Gen. Rufus Putnam, assisted by Col. Ebenezer Sproat. When they reached the mountains, it was found that the great depth of snow there rendered the crossing impossible, save by the use of sleds, which were accordingly constructed, and the baggage by this means transported over the Alleghanies, and on to Sumrill's his pjy until other terms shall be agreed on between him and the directors, or the people, or till he shall continue no longer to preach to them.

I have requested Col. Piatt to forward a sum raised for the support of preachers and schoolmasters, to the directors at Muskingum, of two hundred dollars, if he has so much on hand, which will enable you to pay the preacher and schoolmaster for the present. I have advanced to Mr. Story six dollars and two thirds, on account, which you will deduct from his wages.**

With the working force thus largely increased, and urged on by the energetic superintendence of Gen. Putnam in person, the boat building, which had lagged somewhat, owing to the severity of the weather, now progressed rapidly.

On the 2d of April, 1788, the largest boat was launched, and the pioneers left Sumrill's. In addition to the large boat, forty- five feet long and twelve wide, which was roofed over, and had an estimated capacity of fifty tons, there were a flatboat and three canoes. Laden with the emigrants, their baggage, surveying instruments, weapons, and effects, the little flotilla glided down the Youghiogheny into the Monongahela, and finally out upon the broad bosom of the Ohio, which stream was to bear them to their new home. For several days and nights they pursued their solitary travel, urged along only by the current of the beautiful river, whose banks gave no signs of civilized life, nor of welcome to the pioneers. Occasionally, a flock of wild turkeys in the underbrush, or a startled deer, drinking at the water's edge, would draw the fire of the riflemen from the boats; and now and then the dusky form of an Indian would be seen darting into the forest. But the emigrants met with no interruption.

On the fifth day they approached their destination. It was cloudy and raining as they drew near the mouth of the Muskingum, and C^- t. Jonathan Devol **"ty- gested to Gen. Putnam that a dose look-out be kept as they must be near their landing-place. In a few moments they came within sight of Fort Harmar (a U. S. fort erected in 1785), located at the mouth and on the right bank of the Muskingum. The hanging branches of the trees on the bank of the river, combined with the foggy atmosphere, that day, partially obscured the river's mouth, so that the boat floated almost beyond it before it was discovered. They could not regain the upper bank of the Muskingum, and were obliged to make fast a little way below Fort Harmar. The commander of the fort sent some soldiers to their aid, and the boat was towed back with ropes and across the Muskingum, where it landed, at the upper point, about noon on the 7th of April, 1788, and from that day Ohio dates her existence.

The pioneers immediately began to unload their effects. The boards which they had brought with them for the erection of temporary huts were landed and properly disposed, and a comfortable tent was at once set up for the use of Gen. Putnam. In this tent he had his headquarters and transacted the business of the colony for several months, until the block-houses were ready for occupancy.

The following is a list of the first party of emigrants to the territory northwest of the Ohio, who became the founders of Marietta, and the first settlers of Washington and Athens counties, viz:

The situation of the colonists was now interesting and critical. Lodged in the midst of a vast wilderness, many hundred miles from home and from the protecting care of government, surrounded by bands of hostile savages, who, though quiet at present, were apt to become deadly foes at any moment; and but scantily supplied with the means of living, the brave pioneers had need of all their energies to prepare for the future. No time was lost in providing for the protection and comfortable subsistence of the colony. General Put- nam immediately began the erection of a fort, near the Muskingum river, comprising a block-house, and other means of defense, which was afterward, during periods of Indian hostilities, crowded with families, and became of the utmost importance. The gigantic trees of the forest were girdled and deadened, the rich soil easily prepared for seeding, and about one hundred and thirty acres of corn were planted this first spring. The rivers abounded with fish ; game of every sort was found in the greatest plenty ; herds of buffaloes and deer roamed the forests, and innumerable flocks of wild turkeys were added to supply the settlement with fresh meat.

The day after their landing, the surveyors commenced laying off lots, and preparing for the expected arrival of other emigrants. The officers of the territory not having yet arrived, a series of regulations or laws for the temporary government of the community was prepared and promulgated by being nailed to the trunk of a large tree on the river bank. This code was rigidly observed till other laws were regularly enacted, and under it the peace of the settlement was never once disturbed. All was energy, industry, prosperity, and hopefulness for the future. Well might Washington write:

*'No colony in America was ever settled under such favorable auspices as that which has just commenced at the Muskingum. Information, property, and strength will be its characrerist**'*.^. I know many of the settlers personally, and there

The little city at the mouth of the Muskingum was first called Adelphia. There were some men of classical education among the directors, and a harmless pedantry was evinced in some of the names adopted by them. Thus the large public square was called ^adranaon^ and the smaller one the Capitolium. The wide road, leading up from the river landing to the square, was named Sacra viay and the fort, with its inclosure of blockhouses, etc., was called Campus Martius. At a meeting of the directors, held on the 2d of July, 1788, which was the first convened west of the mountains, the name of the city was changed by the following resolution: f f The original name was suggested by Dr. Cutler. In a letter to Gen. Putnam, dated Ipswich, December 3, 1787, after speaking of the affairs of the company, and the best means of forwarding letters to and from the settlement. Dr. Cutler says:

*< Saying so much about conveying of letters, reminds me of the necessity of a name for the place where you will reside. I doubt not you will early acquire the meaning of Muskingum ; or you may meet with some other name that will be agreeable. At present, I must confess, I feel a partiality for the name proposed at Boston, and think it preferable to any that has yet been mentioned. I think that Adelpbia will, upon the whole, be the most eligible. It strictly means Brethren^ and I wish it may ever be characteristic of the Ohio Company.**

^^ Resolved^ That the city near the confluence of the Ohio and Muskingum be called Marietta; that the directors write to his Excellency, the Count Moustiers (French Minister), informing him of their motives in naming the city, and request his opinion whether it will be advisable to present to her Majesty of France a public square,"

The name is compounded from that of the unfortunate young queen of France, Marie Antoinette, who had manifested a constant friendship for the United States during the Revolutionary war.

While the infant colony of the Ohio Company is being thus auspiciously planted, and the herculean task of subduing the wilderness well begun, let us glance at the measures taken by congress to establish government, law, and order within the territory.

The settlement at the mouth of the Muskingum was made before the arrival in the territory of the governor and judges. Congress, however, had organized the territorial government soon after the passage of the ordinance of 1787. Gen. Arthur St. Clair was appointed governor, his commission bearing date February I, 1788, and to run for three years. He was a citizen of Pennsylvania, had been a distinguished officer in the Revolutionary army, and president of congress, and stood high in the confidence of Washington.

in the Ohio Company), and John Cleves Symmes, of New Jersey, were appointed judges; and Winthrop Sargent, of New Hampshire (secretary of the Ohio Company), was appointed secretary of the territory. The judges arrived in June, and on the 9th of July, 1788, Governor St. Clair reached Marietta. He was escorted by a detachment of troops, under Major Doughty, who had gone up to Pittsburg, from Fort Harmar, some days before to meet the governor, and was received at the fort with military honors and salute. Joseph Buell, who was an orderly sergeant at the time, in one of the companies of United States troops in the fort, kept a journal, in which he says:

" 7^h 9'*' - Governor St. Clair arrived at the garrison. On landing, he was saluted with thirteen rounds from the fieldpiece. On entering the garrison the music played a salute, and the troops paraded and presented their arms. He was also saluted by a clap of thunder and a heavy shower of rain as he entered the fort 5 and thus we received our governor of the western frontiers."

After a few days of repose, the governor, on the iSthof July, made his first public appearance before the citizens of the territory. At three o'clock in the afternoon he came over from Fort Harmar in the government barge, escorted by the officers of the garrison, and accompanied by Mr. Sargent, the secretary. He was received in the grove by Gen. Putnam, the judges of the territory, and the principal inhabitants of the settlement, with congratulations and expressions of welcome. The secretary then proceeded to read the ordinance of July 13, 1787, for the government of the territory, and also the commissions of the governor, the judges, and himself. The governor then delivered an inaugural address, to which a response was made "in the name of all the people,*' and the ceremonies concluded with cheers and congratulations.

We may here digress, a few moments, to remark upon the unique form of civil government thus inaugurated, and formally established in the territory, and which was continued for a period of ten years. It was the first territorial government ever organized by Federal authority, and was, in some respects, crude and anomalous. The people had no part whatever in the government. The governor and judges derived their appointments first from congress, and, after the adoption of the Federal constitution, in 1789, from the president. There were no elective officers. The whole power, legislative, judicial, and executive was vested in the governor and judges, and in its exercise they were responsible only to the remote central government. A portion of the expenses of the government were borne by the United States, but the principal part were drawn from the people of the territory by heavy taxes.

seems, worked reasonably well in most respects, and though in some points it was unfriendly to the large liberty of the people, we must never forget the noble principles that were secured to the embryo states of the northwest by the famous ordinance of 1787. In language whose dignity befits the lofty theme, it provides "for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are erected ; and for fixing and establishing those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in said territory/' It secured for all time civil and religious liberty, habeas corpus^ and other fundamental rights. It enacts that, "religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools, and the means of education, shall forever be encouraged." Finally, it provided that, in the vast area over which it extended, slavery should never exist. Thus, perpetual freedom was secured to the states of the northwest. The borders of Ohio were consecrated while the wilderness was yet unbroken, and long before the state was formed; and the pioneers who landed at the mouth of the Muskingum trod upon a soil which could bear up none but free men.

publish in the district, such laws of the old states, civil and criminal, as they saw fit, and were to report them to congress from time to time. But they did not confine themselves very strictly to the letter of the ordinance in this regard ; for when they could not find laws of the old states suited to the wants and condition of the territory, they made enactments of their own - all of which were, a few years later, ratified and confirmed by the first territorial legislature.

*' A LAW for regulating and establishing the Militia in the Territory of the United States northwest of the river Ohio, published at the city of Marietta upon the twenty-fifth day of July, in the thirteenth year of the Independence of the United States, and of our Lord one thousand seven hundred and eighty-eight, by his Excellency, Arthur St. Clair, Esquire, Governor and Commander-in-chief, and by the Honorable Samuel Holden Parsons and James Mitchell Varnum, Esquires, Judges." *

* Laws passed in the territory of the United States, northwest of the river Ohio, from the commencement of the government to the 31st of December, 1791. Published by authority. Philadelphia, »792, p. 3- lished in the great northwestern territory, and, as its boundaries were then fixed, comprising about one half of the present state of Ohio. The proclamation is as follows :

" By his Excellency^ Arthur St, Clair j Esq.^ Governor and Com^ mander-in- Chief of the territory of the United States j northwest of the river Ohio.

Whereas, By the ordinance of Congress of the thirteenth of July, 1787, for the government of the territory of the United States northwest of the river Ohio, it is directed that for the due execution of process, civil and criminal, the governor shall make proper divisions of the said territory and proceed from time to time, as circumstances may require, to lay out the part of the same, where the Indian title has been extinguished, into counties and townships, subject to future alterations as therein specified. Now, know ye, that it appearing to me to be necessary, for the purposes above mentioned, that a county should immediately be laid out, I have ordained and ordered, and by these presents do ordain and order that all and singular the lands lying and being within the following boundaries, viz. : Beginning on the bank of the Ohio River, where the western boundary line of Pennsylvania crosses it, and running with that line to Lake Erie ; thence along the southern shore of said lake to the mouth of the Cuyahoga river ; thence up said river to the portage between that and the Tuscarawas branch of the Muskingum ; thence down the branch to the forks, at the crossing place above Fort Laurens ; thence with a line to be drawn westerly to the portage of that branch of the Big Miami, on which the fort stood that was taken by the French in 1752, until it meets the road from the lower Shawanese town to the Sandusky j thence south to the Scioto river, thence with that river to the mouth, and thence up the Ohio river to the place of beginning ; shall be a county, and the same is hereby erected into a county named and to be called hereafter the county of Washington ; and the said county of Washington shall have and enjoy all and singular, the jurisdiction, rights, liberties, privileges and immunities whatever to a county belonging and appertaining, and which any other county, that may hereafter be erected and laid out, shall or ought to enjoy, conformably to the ordinance of Congress before mentioned. In witness whereof, I have hereunto set my hand and caused the seal of the territory to be affixed, this twenty-sixth day of July, in the thirteenth year of the Independence of the United States, and in the year of our Lord, one thousand seven hundred and eighty-eight.

The "Law for establishing General Courts ot Quarter Sessions of the Peace," published at Marietta August 23d, 1788,* provided that that court should be held at Marietta four times in every year by justices of the peace appointed and commissioned by the governor. There were to be " a competent number" of these justices in each county, not less than three nor more than five of whom (to be specially named by commission), should hold the courts of quarter sessions. Any three of them, one being of the quorum specifically named, might hold special sessions when occasion required.

The county court of common pleas was to be held semi-annually by not less than three nor more than five judges to be appointed in each county and commissioned by the governor. A sheriff was to be appointed in each county by the governor.

The "General Court of the Territory of the United States northwest of the river Ohio,"* composed of the judges appointed and commissioned by the Federal authority, was to hold four terms yearly in such counties as the judges should from time to time deem most conducive to the general good. Only one term yearly was to be held in any one county; and all processes, civil and criminal, were returnable to said court wheresoever it might be in the territory.

The first judges of the court of common pleas were Rufus Putnam, Benjamin Tupper and Archibald Crary. Return J. Meigs was appointed clerk of the court,, and Col. Ebenezer Sproat sheriff, which office he held for fourteen years till the formation of the state government. The first judges of the courts of general quarter sessions were Rufus Putnam and Benjamin Tupper (justices of the quorum), and

General Putnam resigned his position as judge of the quorum in 1790, and Joseph Oilman, formerly of New Hampshire, was appointed in his place; and on the death of Judge Tupper, in June 1792, Robert Oliver was appointed judge of the quorum to fill the vacancy.

Meanwhile, notwithstanding the difficulties and dangers attending western emigration, and the perils that surrounded the little settlement, there began to be some arrivals from the east. During the month of August, 1788, eight families arrived from New England, which increased the population of the colony to one hundred and thirty-two men, with some women and children. At the beginning of the year 1789, there was not a single white family within the present bounds of Ohio save those in this settlement. The settlement at Cincinnati did not begin till the spring of 1789. Flint, himself a pioneer, in his "Indian Wars of the West," thus speaks of early emigration :

**Thc writer of this distinctly remembers the wagon that carried out a number of adventurers from the counties of Essex and Middlesex in Massachusetts, on the second emigration to the woods of the Ohio. He remembers the black canvas covering of the wagon ; the white and large lettering in capitals ^To Marietta on the Ohio ! ' He remembers the food which, even then, the thought of such a distant expedition furnished to his imagination. Some twenty emigrants accompanied the wagon. Tfie Rev. Dr. Manasseh Cutler, he thinks, had the direction of this band of emigrants.

General Putnam seems to have been the only one who preceded him in claims to be the patriarch of the Marietta settlement. Dr. Cutler, at the time of his being engaged in the speculation of the Ohio Company's purchase, had a feud - it is not remembered whether literary, political, or religious - with the late learned and eccentric Dr. Bentley, of Salem, Massachusetts. Dr. Bentley was then chief contributor to a paper {Salem Reg^ ister) which he afterward edited. The writer still remembers and can repeat doggerel verses by Dr. Bentley upon the departure of Dr. Cutler on his first trip to explore his purchase on the Ohio.

The first travelers to explore Ohio, availed themselves of the full extent of the traveler's privilege in regard to the wonders of this new land of promise, and the unparalleled fertility of the soil. These extravagant representations of the grandeur of the vegetation, and the fertility of the land, at first excited a great desire to emigrate to this new and wonderful region. But some returned with diiFerent accounts, in discouragement, and the hostility of the savages was painted in the most appalling colors. A reaction took place in the public mind. The wags of the day exercised their wit in circulating caricatured and exaggerated editions of the stories of the first adventurers, that there were springs of brandy, flax that bore little pieces of cloth on the stems, enormous pumpkins, and melons, and the like. Accounts the most horrible were added of hoop snakes of such deadly malignity that a sting which they bore in their tails, when it punctured the bark of a green tree, instantly caused its leaves to become sear and the tree to die. Stories of Indian massacres and barbarities were related in all their horrors. The country was admitted to be fertile ; but was pronounced excessively sickly, and poorly balancing by that advantage all those counterpoises of sickness, Indians, copperheaded and hoop snakes, bears, wolves, and panthers.

The tendency of the New England mind to enterprise and emigration thus early began to develop. For all these horrors, portrayed in all their darkness, and with all the dreadful imaginings connected with the thought of such a remote and boundless wilderness, did not hinder the departure of great numbers of the people, following in the footsteps of Gen. Putnam and Dr. Cutler. They were both men of established character, whose words and opinions wrought confidence. Dr. Cutler was a man of various and extensive learning. He was particularly devoted to the study of natural history, and was among the first who began scientifically to explore the botany of our country. He had great efficiency in founding the upper settlement (the Ohio Company's) in Ohio, and his descendants are among the most respectable inhabitants of the country at present.''

Thus the love of adventure and the migratory instincts of the New England people, year after year impelled little bands of pioneers to set their faces toward Ohio, and the settlements steadily, though slowly, increased. By long and toilsome journeys, carrying their effects in wagons, camping out at night, and subsisting chiefly on the game which they killed by the way, these brave emigrants crossed the mountains to the head waters of the Ohio, whence they proceeded in large canoes or small flatboats down that river to their various destinations. Arrived there, they were beset with perils and difficulties of the most serious character. There were perils of famine which they more than once bitterly experienced, perils of flood, of Indians, and exposure of every sort. Yet the resolute New Englanders not only successfully combated all these enemies, but, in the midst of the struggle, found time to secure civil rights, establish law and order, introduce a pure religion, and provide for universal education.

*^ The most exalted sentiments arise on the consideration of the nature of those men who first broke in upon the forestworld of the West, and successfully planted civilization in the midst of the fiercest barbarism. Their like is never to be known again. In the progress and mutations of human affairs such a concourse of circumstances will never arise. There can never be another such revolution as that of 1776. If that was possible, will there be again such patriots, such men ? Then came the weakness of their country and their own impoverishment ', afterward the offer of the western lands in compensation for military service, but requiring the protection of military force. The never-lessening patience, perseverance, and piety of those stern characters have no parallel. With all these traits we

By the year 1790 a perceptible current of emigration had began to set from the older states to the western country, and Marietta and Cincinnati, the only two points yet settled, promised to become the nuclei of prosperous colonies. The inroad on the wilderness commenced, and, little by little, civilization was making good its advance. The sound of the pioneer's axe was heard, though in but few and widely-separated localities, and the smoke of his cabin chimney ascended from more than one peaceful settlement. Clearings were made, crops and families began to be raised, and the new-comers were taking root in the soil.

But from this peaceful dream there came a sudden and terrible awakening, in the Indian war which now burst upon the settlements with great fury. Indian aggressions had been growing in frequency during the past year or more. The Marietta settlers were peaceable men, who desired to treat the natives justly, and, if possible, to avoid warfare. But the frontier population of Virginia, the **Longknives," as they were called by the Indians, and those of Kentucky, were a different class of men. Born and bred hunters, and always ready for a deadly conflict, they regarded the Indians as vermin, or wild beasts, who were to be shot on sight. This treatment had engendered with the savages a mortal hatred of the whites, and the Ohio Company's settlers were, to some extent, included in their bitter hostility. They regarded the white men as their natural enemies, and, notwithstanding treaty stipulations, resented their settlement on the ancient hunting grounds as an intrusion, and cause of war. Thus, for a year or two past, the incursions and attacks of the Indians had become so frequent as to cause apprehension of a general war. They had announced their purpose of destroying every settlement, and putting out every white man's fire north of the Ohio river. To avert the impending danger, the government first tried negotiations; but, these proving futile, and the depredations growing more frequent and disastrous. General Harmar was directed to attack their towns.

In September, 1790, with thirteen hundred men, he marched from Cincinnati, through the wilderness, to the Indian villages on the Miami, which he burned. On his homeward march he was attacked by a superior force of savages, and, after a desperate battle, was totally defeated. Harmar was barely able to make good his retreat to Cincinnati. His expedition was a failure, and so far from restraining only served to embolden the Indians.

From this time, for four years, there was uninterrupted war with the Indians, and sad, indeed, were the calamities of the settlers. Wherever the settlements extended, the whole frontier was lighted by the flames of burning cabins and improvements. The first blow struck at the Ohio Company's purchase was on the 2d of January, 1791. On that day, it being a Sunday, the little settlement at Big Bottom, in Washington county, on the Muskingum river, was the scene of one of those bloody episodes, with which pioneer history abounds. We have not space to recount the event in its details; it was characterized by the usual horrible features of stealth and sudden surprise by the savages, of quick massacre and scalping of the victims, and of hasty retreat into the wilderness. In this attack twelve persons were killed, and five carried into captivity. [Hildreth's Pioneer History, pp.

other exposed settlements, hastened at full speed to their homes, each one expecting, or, at least, fearing, to find his dear ones slaughtered, and his cabin reduced to ashes.

General Putnam, who was always the master spirit in important crises and whose foresight had prepared for such an emergency as this, instantly put Marietta in a state of defense. All the families within reach were summoned thither, and securely placed in the block-houses of the garrison. The defenses were strengthened, guards doubled, and four sentinels placed at each of the bastions of the fort. The garrison was kept under the strictest discipline. The ammunition was inspected and made accessible at a moment's notice, and four-pounder cannon were placed at two of the corners of the fort. The present safety of the people being secured, Gen. Putnam immediately wrote urgent letters to President Washington and to Gen. Knox, the secretary of war, informing them that the storm of Indian war had burst upon the frontiers, and imploring them, by every consideration, to send troops for the protection of the settlers.

At Belpre and at Waterford, the panic caused by the massacre was even greater, as their means of defense were less. Quite a number of families had joined these settlements during the years 1789 and '90, and there were several women and little children. The news was brought to the latter settlement about ten o'clock p. M. of January 2d. Men, women, and children were roused from their sleep by the fearful cry of "Indians," and woke to hear the story repeated with numberless exaggerations, to which, in their terror, they gave ready credence. It was believed, and not without reason, that the savages would fall upon them before daylight. All the inhabitants, amounting to about thirty souls, were hurriedly gathered into the largest and strongest cabin. Their most valuable portable property and necessary cooking utensils were brought in. A supply of water was hastily procured. The doors and windows were strongly barred. Interstices were made in the sides of the cabin, by punching out the chinking between the logs, for the men to fire through. Thus prepared, the rest of the night was passed in painful anxiety, and momentary expectation of attack. About daylight the Indians approached the cabin. Their forms were dimly seen by the sentinel, gliding among the trees, as if reconnoitering the position. The alarm was given, and the settlers awaited the onslaught with such firmness and composure as they could. The women and children were huddled into the safest corner of the cabin, and the men stood with finger on the trigger, prepared to fight it out.

But the attack did not come. Finding the inhabitants of the settlement awake and prepared for them, the Indians refrained from attacking the place. Having spent some time in reconnoitering, as day fairly

Everywhere, throughout the territory, the same consternation prevailed. The exposed out-posts were abandoned, and the people rushed for safety to the block-houses and garrisons. This state of things filled President Washington with the utmost anxiety for the vigorous prosecution of the Indian war. A second army, in all respects superior to Harmar's, was assembled at Cincinnati. Governor Arthur St. Clair was placed in command. His force consisted of three regiments of infantry, two companies of artillery, one of cavalry, and about six hundred militia. With this army he marched toward the Indian towns on the Maumee.

Disaster followed St. Clair from the beginning. On the march, a considerable portion of the militia deserted in a body. A whole regiment was detached - a portion to pursue the deserters, and a portion to save the expeditionary stores, which it was feared the deserters intended to plunder. With his force thus weakened by desertion and details, St. Clair advanced into the enemy's country. On the morning of the 4th of November, 1791, just before daylight, he was attacked with great fury by the combined army of the northwestern tribes. The battle was short and the result decisive: St. Clair was totally defeated, with a loss of more than six hundred men.

The government had hitherto prosecuted the war with little vigor and weak determination. In fact, there was opposition to the Indian war, and reluctance to enter on a difficult and dangerous campaign. The country had, as yet, hardly begun to recover from the prostration that followed the revolutionary struggle. Industry was paralyzed, the debt burdensome, and the currency disordered. But no alternative was now left. The existence of all the western settlements, and, perhaps, even our possession of the territories already acquired from the Indians, depended on a vigorous prosecution of the war. President Washington made new appeals to congress, and, in spite of violent opposition from certain quarters, the necessary supplies were voted, and the Indian war went on.

General Anthony Wayne was now appointed to the command. He was an officer of revolutionary experience, great energy, personal enthusiasm, and executive ability. He arrived at Cincinnati in the spring of 1793, and began the work of organizing a third army. It was not, however, till July, 1794, that, with a force of about thirty-five hundred men, he marched against the Indians. They had collected their whole force, amounting to about two thousand men, at the Maumee rapids. Wayne encountered the Indians on the aoth of August. The battle which ensued resulted in the utter defeat of the Indians, and was the beginning of their downfall in the northwestern territofy.

Wayne followed up his victory, and gathered all its fruits. He burned their villages, destroyed their growing crops, and laid waste their whole country. Forts were erected in the heart of their territory, and they were made to feel, as they had never felt before, the energy and power of the government. Convinced, at last, of their inability to maintain the contest, or resolved, perhaps, to accept their inevitable doom, they sued for peace. A general council was convened at Greenville (now in Darke county), at which Gen. Wayne represented the United States, and the following tribes were represented by their chiefs, viz: the Wyandots, Delawares, Shawanese, Ottawas, Chippewas, Putawatomies, Miamis, Eel-rivers, Kickapoos, Weeas, Piankashaws, and Kaskaskias. By the treaty here made, it was declared that " henceforth all hostilities shall cease; peace is hereby established and shall be perpetual; and a friendly intercourse shall take place between the said United States and Indian tribes." Prisoners were given up, boundary lines established, large cessions of land made, annual allowances of money to the Indians assured, certain hunting privileges granted, and provisions for trading agreed upon. * the basis of a permanent peace in this part of the country. The tomahawk was buried, the Indians gave up their ancient hunting grounds and the graves of their fathers, and the white man's title to the lands of Ohio was never again seriously contested.

The following anecdotes of Gen. Wayne are furnished to the author by the venerable Dr. C. F. Perkins, of Erie, Pennsylvania, formerly a resident of Athens :

Some time after the conclusion of the treaty above named. Gen. Wayne was stationed at Erie, Pennsylvania. During his last illness his distress was greatly augmented and his nerves much excited by clouds of smoke from an ill -constructed chimney in his military cabin. Sending for the unfortunate mason who had built the chimney (a worthy man by the name of Hughes), Gen. Wayne berated him with considerable violence, and threatened to severely chastise him on the morrow. But the mason escaped punishment, for the brave general died before the dawn of the next day.

The body of Gen. Wayne was interred in the military ground near the block-house at Erie and on the bay of Presque Isle. After it had rested for at least a few years undisturbed, his son came from Wyoming to Erie to look after the body of his deceased parent. It was exhumed and found to be undecayed and almost entire. The son wished to convey the body to Wyoming for interment, but he had traveled on horseback and had no vehicle. Beside, no wheeled vehicle could be drawn through the unbroken forest without the greatest labor. The question was what could be done ? It was solved by an army surgeon, who suggested that if the bones were divested of their covering, the young man might take them home with him in a portmanteau. Though uncongenial to the son's feelings, this proposition was acted upon. The osseous frame work was denuded by cutting away the solid flesh, and finally by boiling it in water and scraping thoroughly. Thus cleansed the bones were separated and carefully placed in the two ends of a large portmanteau and carried on horseback to Wyoming. The above was related to Dr. Perkins by an old citizen of Erie, who held a candle for and saw the entire operation.

Chapter Iv

THE first permanent settlement within the present limits of Athens county was made in the early part of the year 1797 (eight years before the organization of the county), at the site of the present town of Athens. At this time the state of Ohio was practically an unknown region, and from the river to the lakes was almost an unbroken wilderness. Cincinnati had been laid out, on paper, a few years before, but was not settled till 1789, and did not begin to be a growing village till 1802. The sites of the cities of Columbus, Cleveland, etc., had not been thought of The settlements on the Ohio Company's purchase and about Cincinnati, in the Miami valley, comprised nearly the whole population of the northwestern territory. The treaty of Greenville, and the cessation of the Indian war, removed the last obstacle to the peopling of this extensive region. The active spirit of emigration, restrained during the years of hostilities, was now set free, and the living column began its westward movement with an impetus that was destined steadily to increase till the whole vast area should be possessed and populated. Every part of New England furnished its quota, and New York and Pennsylvania contributed to swell the tide of emigration as it rolled across their borders to the promised land of the West.