Athens Township (part 5 of 21)

Mr. Foster kept public house in Athens till his cieath, by the "cold plague," in 18 14, first in the Mc- ^ichol house, on the lot now occupied by Mr. E. C. Crippen, and afterwards across the street, on the lot now occupied by Judge Barker. His widow, Mrs. Sarah Foster, continued to keep the tavern a few years after his death. She then began to teach a school for young children, in which vocation she was eminently useful and beloved during the remainder of her life. She continued to teach within four days of her deaths which occurred in 1849.

Hull Foster y only surviving son of Zadoc Foster, was born in Sudbury, Rutland county, Vermont, January 23, 1796, and came to the northwestern territory, with his father's family, when a few months old. His first visit to Athens was in 1804 or 1805. He came to visit Dr. Leonard Jewett's family, and traveled on horseback from Belpre, there being no visible road, but only a horse path which crossed the river at the present site of Coolville. There was a sort of ferry at this point. At that time one Strickland kept public house in a log building, on the lot now occupied by Judge Barker, and Joseph B. Miles had a small lot of goods in a room of the same house. Timothy Wilkins had a cabin near where General John Brown now lives, and ran a little distillery in the hollow close by. Esquire Henry Bartlett lived in a cabin back of the college green, near the present site of Mr. J. L. Kessinger's house. There was a horse mill on the point of the hill, a short distance northeast of town, on the Bingham farm. Mr. Foster, when a boy, drove the horse at this mill; the usual terms of grinding were, that parties should bring their own horse and pay onefourth of the corn as toll. In 1809 ^^^ father removed with his &mily to Athens. In the interval a few brick houses had been built; Dr. Eliphaz Perkins had built on the Ballard comer, and Esquire Henry Bartlett on Congress street, nearly opposite Dr. Wilson*s present residence ; these, with Abbott's tavern, the academy building, near Nelson Van Vorhes' present residence, and a school house just east of where the Presbyterian church now stands, were, it is thought, all the brick buildings, here in 1809. When about seventeen, Mr. Foster took up the trade of shoemaking - to use his own expression, "just as a cow does kicking - in her own head.*' Between 1816 and 1820 he traveled with his kit on his back, through the west and southwest, visiting the present states of Indiana, Kentucky, Tennessee, etc. In 1 82 1 he returned to Athens, resumed his trade, and built the house where Mr. Abner Cooley now lives. Soon after he married his first wife, a daughter of Mr. Ira Carpenter. Since then he has steadily adhered to his trade, at which he has worked for more than fifty years, and still works some, though under no necessity to do so. There is one family in the county for whom he has made shoes for five generadons. He has been twice married - his second wife was a daughter of Mr. William Brown, of Lee township - and is now a widower. A man of strong sense, strict integrity, and marked force of character, his life and virtues are known and read of all his neighbors.

Ebenezer Currier, born at Hempstead, Rockingham county, New Hampshire, December 15, 1772, came to Ohio in 1804, and to the town of Athens in 1806, where he lived nearly fifty years. He was one of the pioneer merchants of Athens. In 181 1, having to transport a small supply of goods from Baltimore, he hired Archelaus Stewart to fetch them. The latter made the trip to and from Baltimore, all the way in a light wagon, and delivered the goods safely in Athens, after a journey of about two months. During Mr. Currier s long residence here he filled several town and township offices, was justice of the peace, county commissioner, and county treasurer ; was four times a member of the state legislature as senator and representative, and for about twenty-one years was associate judge of the court of common pleas. For more than forty years he engaged here in mercantile pursuits, in which he was quite successful, amassing a considerable fortune. Judge Currier died March 2, 1851. Many of his descendants live in the county.

Conrad Hawk was born in Chester county, Pennsylvania. While a young man he removed to Harrison county, Virginia, where he married Miss Nancy Read in 1805, and whence he moved to Athens county in 1 8 10. He settled as a farmer in Athens township, where he died, October i, 1841. Mr. Hawk's family, formerly well and favorably known in this community, are now scattered. William, the oldest son, died in 1864, while commanding a steamer in General Banks' expedition up the Red river. John lives in Texas; James and Columbus in Clarke county, Ohio, and Geo. W. in Mt. Vernon, Ohio. One of the daughters, now Mrs. Dr. Huxford, lives in Fort Wayne, Indiana, and the other, Mrs. Durbin, in Mt. Vernon, Ohio.

Nicholas Bakery senior^ born in England in 1760, was brought to this country at seven years of age, for fortyfour years followed the sea, as cabin boy and sailor, and in 1 8 14, with his only son Isaiah Baker, came to Athens county where he lived in his son's family, in the vicinity of Athens, till his death in 1829.

Isaiah Baker^ son of the foregoing, born in Bariv stable, Massachusetts, in the year 1780, came to this county with his family in 18 14, and settled three miles west of Athens, where he followed farming the rest of his life. He died in 1825, leaving seven sons and three daughters, all of whom are living, except one son, Matthias, who was killed by the kick of a horse in 1837. Mr. Baker was a worthy member of the Methodist church.

Nicholas Bakery son of Isaiah, born in Massachusetts in 1799, has lived in Athens (town and township) fiftyfour years. Social and genial in his daily intercourse with friends, few men lead a more placid life than

" Uncle Nick." With a heart corresponding in capacity to his ponderous frame, with a healthy and happy temperament, he is one of those kind-hearted men whom dumb animals like and children make friends with. He fondly cherishes the remembrance of his once having lived in Judge Silvanus Ames' family, in Ames township, in the summer of 1817. Edward R. Ames (Rev. Bishop Ames) at that time was eleven years old, and Mr. Baker, partial to him in boyhood, refers to their early acquaintance with lively pleasure. He relates with much gusto and laughter how ''the bishop," being naturally rather lazy, would lie on the grass in the shade and amuse young Baker with his talk, while the latter cheerfully performed an extra amount of work for his dreaming companion. Mr. Baker, formerly a farmer, has resided for many years past in the town of Athens. His son, George W. Baker, is now treasurer of Athens county.

Jacob L. Baker, another of the sons of Isaiah Baker, is an extensive farmer in Athens township. He has a family of seven sons and one daughter, most of whom are well settled on good farms in the neighborhood of their father, who manages to buy an additional farm as often as needed, for some of his family.

1798, and removed to Athens in 1812. Here he was for many years a successful teacher, and there are' old men living who well remember his thorough instruction and his stern discipline. In 18 14 he married Miss Julia Perkins, eldest daughter of Dr. Eliphaz P erkins, whose christian graces and excellence of character were long known and admired in Athens. To them were born three sons and three daughters, all of whom are now living. The sons are all graduates of the Ohio university; two of them, the Rev. Eliphaz Perkins Pratt and the Rev. John H. Pratt being well-known ministers of the Presbyterian church, and the third, Dr. Robert Pratt, a successful physician in Illinois.

David Pratt died in 1861, and his wife in 1867, aged eighty-three. They were both members of the Presbyterian church in Athens for more than half a century*

Joseph Dana, born at Ipswich, Massachusetts, in 1768, was educated at Dartmouth college and graduated in 1788. He intended to pursue the ministry, but owing to delicate health did not carry out this purpose; he subsequently studied and qualified himself for the practice of the law. He served some time in the Massachusetts legislature, but his health continuing frail, he resolved to leave New England. In 18 17 he removed west and settled at Athens, where he at first engaged in the practice of law. Though never a ready speaker, Mr. Dana was a thorough lawyer and fine special pleader - a branch of the practice necessarily more cultivated in those days than now. About two years aft-er coming here he was elected professor of languages in the university - a position for which he was admirably qualified by his fine scholarship and intellectual h^its. His connection with the university continued till 1835 when the infirmities of age ted him to resign his position.

Professor Dana was an accomplished scholar and cultivated gentleman. He was, for many years, an elder in the Presbyterian church here, and a lofty intellectuality pervaded his religion and all his modes of thought. He died November i8th, 1849. His sons, Joseph M. Dana, Daniel S. Dana, Capt. William Henry Dana, U. S. N., and others of his descendants are well known in this community.

James Brice was born in Maryland in the year 1750, and, removing to western Pennsylvania, settled near Fort Pitt (Pittsburg) in 1787. While living here he held various public stations, such as member of the state legislature, county commissioner, collector of internal revenue, trustee of Washington college, etc In 1 82 1 he removed further west, and settUd in the town of Athens, where he passed the latter years of his life, living in the family of his son. He was a man of high character, and during his long life was an active

Barnet Brice, his son, and a native of Pennsylvania, preceded his father to Athens, having settled here in 1807. He kept public house many years (he built the Union hotel now occupied by O. B. Potter), and was extensively acquainted through the country. He died about 1853.

Thomas Brice, another son of James, came to Athens in 1818. He was a successful merchant here for many years, and a large dealer in cattle from 1820 to 1830. He built the brick dwelling house on Court street, now owned and occupied by Dr. W. P. Johnson.

In 1 81 5 Nathan Dean^ with his family, mostly grown, of six sons and three daughters, came to this county from Norton, Bristol county, Massachusetts. The young people all settled here, and raised respectable families in subsequent life. Three of them, William, Gulliver, and John N. Dean, made the brick, in the summer of 18 16, for the central building of the Ohio university in Athens, and later, in 1835, one of them, John N. Dean, made the brick for the two additional or wing buildings of the university. The eldest of the family, afterward Colonel Nathan Dean, settled near Amesville, in the eastern part of the county, and died much respected in the year 1839.

the manufactures of the country were only so far advanced, that, in making nailsy their heads were made singly by hand, and these brothers had worked considerably at heading nails by hand before coming to Ohio. One of their ancestors, James Leonard, is believed to have been the first man that manufactured iron in America, and a son of his, Jonathan Leonard, the first to manufacture steel. Jonathan went to England and feigned to be simple y in order to get work in an establishment manufacturing steel, and thus gained the knowledge which the English were studiously endeavoring to conceal from the artisans of other countries. Upon his return the firm of "Leonard & Kinsley" successfully engaged in the production of steel in this country.

Charles Shipman^ for more than twenty years an active and leading citizen of Athens, was born in Saybrook, Connecticut, August 28, 1787. He came to Marietta, with his father*s family, in 1790, and they remained in the "stockade" during the Indian war. Colonel Shipman came to the towt¥ of Athens in 18 13, and engaged in merchandising, in which line his business talent and popular manners soon gave him decided prominence, and ultimately large success. In early times he visited Philadelphia for the purchase of goods, once every year, and sometimes twice a year, always on horseback. Some of the old citizens of Athens still remember the

Colonel Shipman was a man of fine social qualities, genial manners, and benevolent heart. He was the first, or one of the first, merchants in this part of the state to discard the sale of intoxicating drinks, to stop the practice of ** treating " customers, and to engage actively in the temperance cause. He was, during the most of his life, a professor of religion, and for many years a ruling elder of the Presbyterian church of Athens.

Colonel Shipman (he was elected colonel of a militia regiment during his residence at Athens) married Frances White Dana, of Belpre, in 181 1. She died in 1 8 13. The only issue of this marriage was a son, William C. Shipman, for many years past a citizen of New Albany, Indiana. In 1 815 he married Joanna, the eldest daughter of Esquire Henry Bartlett, who is still living in Marietta. Colonel Shipman left Athens in 1836 to reside at Marietta, where he died July 7, i860.

Silas Pruden^ born in Norristown, New Jersey, in 1773, came to Athens county in 181 5, and purchased the mills and farm east of Athens, then owned by Col. Jehiel Gregory, who soon after removed to Fayette county, Ohio. Mr. Pruden rebuilt and improved the mills, which were known as the "Pruden mills,'* till about 1836, when Mr. Pruden sold them with the adjoining farm, etc., to J. B. & R. W. Miles. Mr. Pruden was a man of considerable means, and raised a highly respectable family of six sons and seven daughters. In November, 1832, one of his daughters, Achsah, was married to John Brough, late governor of Ohio. Mr. Pruden was a member of the Presbyterian church during his residence in the county, and a most worthy man. In 1837 he removed to Hocking county, where he died, November 30, 1856.

Samuel B. Pruden^ son of Silas Pruden, was bom at Norristown, New Jersey, January 17, 1798, and came to Athens county with his father s family in 1815. On arriving at manhood he developed unusual capacity for business, and, during his long residence in the county, was one of her prominent and leading citizens. In 1826 he began the milling and wool-carding business at the '^Bingham mills," west of Athens, which he continued about ten years. In 1836 he established himself permanently about two miles below Athens, on the Hockhocking, where he erected an oil mill, a grist and saw mill, and in 1840 a salt boiling establishment. The settlement that he here founded has long been known as Harmony. For many years Mr. Pruden carried on the manufacture of salt at this point, and also at Chauncey, in Dover township, where he owned another furnace. He was associate judge for one term^ trustee of the Ohio university for several years, and represented the county in the state legislature in 1854-5. He also held the office of county surveyor for many years. As a member of the Masonic fraternity he advanced from one d^ee to another in that body, till he became commander of the Athens Encampment of Knights Templar. He died December 10, 1863.

Neil Courtney was an Englishman by birth, and was, for a time, in the British navy during the revolutionary war. Near the close of the war, while the vessel on which he was serving lay off Long Island, he deserted the service into which he had been impressed, swam half a mile to shore, and assumed all^iance to the new government. He came to Athens county in 1 806, and settled one mile north of Athens, on what was afterward known as the "Courtney farm." The following entries appear in the old records of the county commissioners:

Jpril 8, 1809. The petitions of William Dorr and Neil Courtney, praying for an alteration in the road leading from the Horse mill to the mouth of Sunday creek, and from Athens to Coe's mill, read the first time. Petition granted. Jehiel Gregory, Samuel Moore, and Robert Linzee appointed viewers, to meet at Neil Courtney's on Monday, the lath instant, at 9 o'clock A. M.'' he has worked, or expended on the alteration in the road leading from the Horse mill, near Esquire Bingham's, to the mouth of Sunday creek, the sum of five dollars, that then said road shall be established. Proof filed in office of commissioners, February - ^ iSli."

Joseph Goodspeedy bom in Barnstable, Massachusetts, in June, 1774, came to this county, with his family of five son; and three daughters, in 1 8 1 8, and settled on a farm about two miles west of Athens, where he died February 12, 1857. His two sons, David and Ezra Goodspeed, well known in the county as successful farmers, were born in Barnstable, Massachusetts, and came to Athens, with their father, in i8i8. Many of their descendants still live in the county, and are highly respected. Major Arza Goodspeed, son of David, was killed before Vicksburg, while bravely doing his duty as a soldier of the Union, and J. McKinly Goodspeed, son of Ezra, and a graduate of the Ohio university, is at present superintendent of the Athens union schools.

Francis Beardsley^ born at Stratford, Hartford county, Connecticut, December 28, 1792, came to Athens in 1 8 14, where he has lived ever since. Soon after com- he married Rebecca, daughter of Esquire Henry Bartlett. Of a retiring disposition and unobtrusive manners, Mr. Beardsley has led a quiet and useful life. A model of christian rectitude under all circumstances, he is respected and esteemed by all who know him.

Norman Rooty born in Canaan, Litchfield county, Connecticut, January 22, 1798, removed to Ohio in 181 6, and to the town of Athens about the year 1820. In 1824 he married Jane Brice, sister of Thomas Brice, long known as a leading citizen of Athens. In 1827 Mr. Root was elected county auditor, and served till ^839, being re-elected five times. He was also, for many years, recorder of Athens, and held other positions of trust in the community, in all of which he discharged his duty with scrupulous fidelity. He was a man of great modesty and reticence, but of sound judgment and excellent business capacity. He was, for a long time, prominent as a Free Mason, and, for forty years, was a devoted and consistent member of the Methodist church. He died September 21, 1867.

E, Hastings Moore, born in Worcester county, Massachusetts, in 1 812, came to Athens county with the family of his father, David Moore, in 1817. For about ten years the youth lived on a hrm in Dover township, and then for several years on a farm in this township, about two miles from Athens, whence he finally removed to the town itself, where he has ever since resided. Mr. Moore had a good common school education (he taught some when a young man), and a taste for practical mathematics. In 1836 he became deputy county surveyor, and in 1838 was elected by the people to that office, then a difficult and laborious one. He held this position till 1846, discharging its duties with uncommon accuracy and entire acceptance to the public. In 1846 he was elected county auditor, which office he held, under re-elections, fourteen years. In 1862 he was appointed collector of internal revenue for the fifteenth Ohio district, and held the office till 1 866. In 1868 he was elected to the forty-first congress from the fifteenth Ohio district as a republican. He is also president of the First National Bank at Athens.

IViUiam Golden^ born in Mifflin county, Pennsylvania, October 5 th, 1799, came to Athens county in 1824, and settled at first in Athens, but later, in Alexander township, as a farmer. Here he was elected justice of the peace for many successive years. He was county sheriff from 1 843 to 1 847, and county treasurer from 1848 to 1854. In 1843 ^^ removed to the town of Athens, where he has since resided, and is now post master. Three of his sons are living, viz : John C, a farmer and stock dealer in Meigs county, Elmer, a merchant in Jackson, Ohio, and William R.

JVilliam Reed Golden^ son of the last named, was born in Athens, April nth, 1827, and passed his early years on his father's farm in Alexander. He was educated at the Ohio university, studied law at Athens with Lot L. Smith, and attended lectures at the National Law School at Ballstoh Spa, New York, where he graduated in 1851. Returning to Athens, he entered on the practice of his profession here in 1852. In 1865 he was elected, as a democrat, to the state senate, and re-elected in October, 1867, ^^ represent the counties of Athens, Hocking, and Fairfield, composing the ninth senatorial district. He has recently removed to Columbus, Ohio, where he is now engaged in the practice of law.

John fVelchy born in 1805, in Harrison county, Ohio, came to Athens county about 1828, and settled in Rome township. Here he and his brother Thomas- Welch bought the " Beebe mill," at that time owned by their father, and for some years he pursued the milling business. While performing his duties as miller, Mr. Welch studied law with Professor Joseph

Dana of Athens, going some fourteen miles to recite once in a week or two. Having finished his studies and prepared to change his vocation, he removed to Athens, where he was admitted to the bar in 1 833 by the supreme court of Ohio, sitting in Athens county. In this field his success was assured from the start. His eminent abilities, indefatigable industry and devotion to his profession soon placed him at the head of the Athens bar, and finally among the ablest lawyers of the state. He was prosecuting attorney of Athens county for several years ; a member of the state senate in 1846-7; a representative in congress in 185 1 - 2; and judge of the common pleas court from 1862 to 1865. February 23d, 1865, he was appointed by the governor, judge of the supreme court of Ohio, in place of Rufus P. Ranney, resigned, and in October, 1865, was elected for Judge Ranney's unexpired term. In October, 1867, he was elected for the fall term, and occupies the position at the present time.

Judge Welch's career, which has been attended with honorable and solid success, is a sufficient eulogy upon his character as a man and citizen, and his ability as a lawyer.

Dr. Eben G. Carpenter was born at Alstead, New Hampshire, in 1808. His father was a physician, and, of eight brothers, five studied medicine. Dr. C. graduated at the Berkshire Medical college at Pittsfield,

Massachusetts, in i8ji, practiced in New Hampshire a year or so, came to Ohio in 1833 and settled at Chester, Meigs county (then the county seat). In 1836 he came to Athens, where he has lived ever since, engaging very actively in the practice of his profession. Dr. C. has been notably successful as an operative surgeon.

Br. fVilliam Blackstone was born in Bottetourt county, Virginia, in 1796, and came with his father's family to Ohio in 1802, settling first in Pickaway and afterward in Ross county. He studied medicine at Circleville, Ohio, and Lexington, Kentucky, and graduated at the Cincinnati Medical college in 1833, having engaged actively in the practice during several years before this. Dr. B. came to Athens in 1838, and has practiced here continuously since. He and Dr. Carpenter have both partially retired from active practice.

Dr. Perkins, Dr. Jewett, Dr. Bierce (who l^ft here about 1840), Dr. Carpenter, and Dr. Blackstone are the only resident physicians who remained for any length of time in the place during the first half of this century. There are now three practicing physicians here, viz : Dr. W. P. Johnson, Dr. C. L. Wilson, and Dr. George Carpenter.

was born in Washington county, Pennsylvania, January 23d, 1822. In 1832 his father removed with his family to Athens county, and settled in Alexander township. In 1836, his father having bought the Western Spectator and removed to Athens, Nelson entered the printing office as an apprentice. He worked diligently here for some years, part of the time having sole conduct of the paper, as his father was elected to the state legislature, and was absent for several winters. In 1844 he purchased the paper, which he continued to publish (a portion of the time in connection with his brother A. J. Van Vorhes), till 1861 as the Athens Messenger. During this time he took an active part in the political contests of the day and in furthering the home and local interests of the county. He served from 1850 to 1853 in the state legislature; in 1853 was whig candidate for secretary of state, but, with the rest of the ticket, failed of election; in 1854 was elected probate judge of the county, but resigned to become a candidate again for the legislature. He was elected, and became speaker of the house, which position he held during two sessions. In 1857 he was re-elected to the legislature. In 1858 he was republican candidate for congress in the nth district, but was not able to overcome the democratic majority. He was a delegate to the Chicago convention in i860, and took an active part in the presidential campaign which followed. At the breaking out of the war in 1861,

Mr. Van Vorhes enlisted as a private in the first company of infantry raised at Athens, and on the election of officers was chosen first lieutenant. In 1862, he was appointed colonel of the 9 2d Ohio raiment of infantry, which command he retained, serving in Western Virginia, till the summer of 1863, when, his health completely failing, he was forced to resign. Col. Van Vorhes has never fully recovered his health. He has held various local offices during the past few years, and possesses, in as high degree as ever, the confidence and respect of the community.

Charles H. Grosvenor^ born in Pomfret, Connecticut, September 20, 1 833, came to Athens county with his father's family when five years old, and lived in Rome during his youth and early manhood. While clerking in the store of Daniel Stewart he obtained books from Lot L. Smith, of Athens, and read law assiduously. He practiced with success in Athens for a few years prior to the breaking out of the rebellion, and entered the service in July, 1861, as major of the i8th Ohio infantry. He was promoted to lieutenant colonel March 16, 1863. March 14, 1865, Maj. Gen. J. B. Steedman recommended Col. Grosvenor to the secretary of war for promotion " for faithful, distinguished and gallant services." The recommendation was thus indorsed by Maj. Gen. George H. Thomas: '^Respectfully forwarded and earnestly recommended.

Lieut. Col. Grosvcnor has served under my command since November, 1862, and has, on all occasions, performed his duties with intelligence and zeal/* Gen. Grosvenor was promoted to colonel April 8, 1865, and served till the close of the war. He was breveted brigadier general to date from March 13, 1865, and was mustered out October 28th in that year. He is now practicing law in Athens.

Samuel KnowleSy a native of Connecticut, and, during early life, a sea-faring man, came to Athens county in 1808 and settled at Hockingport. In 1812 he married Miss Clarissa Curtis, sister of Judge Walter Curtis of Washington county, and in 1820 removed to the town of Athens where he resided for many years. He was elected marshal of the town in 1825 and 1826. He removed to the west many years since and is now living in Knoxville, Iowa.

Samuel S. KnowleSy son of the last named, was born at Athens, August 25, 1825, received his early education at the village schools, learned the carpenter trade when seventeen years old and followed it for a few years, entered the academy at Athens at the age of twenty-one, and pursued his studies there and in the university about four years, read law with Lot L. Smith, was admitted to the bar in 1851, elected prosecuting attorney of Athens county the same year, and held the office two and a half years, in the army of West Virginia, part of the time commanding a brigade. In February, 1865, he was promoted to the colonelcy of the i86th Ohio volunteer infantry, and assigned to duty in the Army of the Cumberland. March nth, 1865, ^^ ^'^^^ breveted brigadier general and commanded a brigade in the army last named till he was mustered out in September, 1865. He graduated at the law school in Cincinnati in 1866, and has since practiced his profession at Athens.

Chapter Vii

THE Ohio University was the first one established in ail the territory northwest of the river Ohio ; it will be interesting, therefore, to trace its history somewhat minutely from the beginning.

In authorizing the Board of Treasury to contract for a sale of lands to the Ohio Company, congress agreed that '^ two complete townships should be given perpetually to the uses of a university, to be laid off by the purchaser or purchasers as near the centre (of the purchase) as the case may be, so that the same shall be good land; to be applied to the intended object by the l^islature of the state.''*

There is no doubt that this feature was incorporated in the contract at the instance and by the earnest effort of Dr. Manasseh Cutler. Himself a man of liberal education, thoroughly appreciating the value and pleasures of learning, he regarded the difHision of knowledge not merely as a source of individual happiness, but as a chief element of political liberty and a necessary part of the policy of a free state. On the organization of the company he had urged the immediate employment of a competent instructor for the youth of the proposed settlement, and himself was authorized to secure a proper person. After the settlement at Marietta was begun, he was most active in organizing plans of education. Common schools were taught there from the first year of the settlement, and were kept up even during the period of the Indian war."^ An academy was established at an early day. These persistent efforts to advance the cause of education are traceable to the energy of Dr. Cutler, who thus gave an impress to the society of the infant colony which has never disappeared. Nor have the beneficent results been confined to Ohio alone. The Ohio university for which he secured so liberal a land endowment (as was then thought), was the first ever thus endowed by congress; but the policy then begun was continued and we now see the universities of Indiana, Illinois, Michigan, Alabama, Mississippi and other states all endowed by congress. It may fairly be asserted that these noble results are the legitimate fruits of Dr. Cutler's early efforts in fixing the policy of congress on the subject.

One of the schools kept during pari of that time, was taught in the block house by Dr. Jabez True, an ancestor of the Trues in Dover township.

In his reply to the order of congress, Dr. Cutler urged that the location of the lands assigned for the establishment of a university, should be, as nearly as practicable in the center of the first million and a half of acres that the comp^Lny shou/d pay for; for, he said, "to fix it in the center of tht proposed purchase, might too long defer the establishment.* But this country, it must be remembered, was a wilderness then, and some years of delay necessarily occurred in carrying Dr. Cutler s plans into effect. The college townships were not located and surveyed till i795.t For some years after that the dense forests that covered the whole region were but slightly invaded by settlers and it was not until the town of Athens had been laid out and ^'confirmed and established" by the territorial legislature, that any action was taken by that body toward carrying into effect the compact for the establishment of the university. The following is a copy of the first legislative l>eing fully ascertained that the lands are of an excellent quality. Reulvedf unanimously, that the aforesaid townships number eight and nine in the

Whereas, Institutions for the liberal education of youth are essential to the progress of arts and sciences, important to morality, virtue and religion ; friendly to the peace, order and prosperity of society, and honorable to the government that encourages and patronizes them ; and whereas^ the congress of the United States did make a grant of two townships of land, within the purchase made by the Ohio Company of Associates, for the encouragement and support of an university therein; and whereas^ the interference of the legislature is rendered necessary, to point out and direct the mode in which the same shall be brought into operation, that the benefits of the grant may be applied to the purposes designed : Therefore,

Section i. Be it enacted by the Legislative Council and House of Representatives in General Assembly^ and it is hereby enacted by the authority of the samcy That there shall be an university instituted and established in the town of Athens, in the ninth township of the fourteenth range of townships, within the limits of the tract of land purchased by the Ohio Company of Associates, by the name and style of the * American Western University,' for the instruction of youth in all the various branches of the liberal arts and sciences, for the promotion of good education, virtue, religion and morality, and for conferring all the degrees and literary honors granted in similar institutions.

Sec 2. And be it further enacted^ That there shall be and forever remain in the said university, a body politic and corporate by the name and style of ^ The President and Trustees of the American Western University,' which body politic and corporate shall consist of the president ex-officio^ and not more than

Sec. 3. And be it further enacted^ That the Hon. Rufus Putnam, Joseph Gilman, Return Jonathan Meigs, Jun., and Paul Fearing, Esquires, the Rev. Daniel Story, Griffin Greene, Robert Oliver, Ebenezer Sproat, Dudley Woodbridge and Isaac Pierce, Esquires, together with the president of the said university, for the time being, to be chosen as hereinafter directed, be and hereby are created a body politic and corporate, by the name of ^ The President and Trustees of the American Western University,' and that they and their successors, and such others as shall be duly elected members of the said corporation, shall be and remain a body politic and corporate, in law, by that name forever.

Ssc. 4. And he it further enacted^ That the said trustees shall have power and authority to elect a president, who shall preside in the university, and also to appoint a secretary, treasurer, professors, tutors, instructors, and all such officers and servants in the university as they shall deem necessary for carrying into effect the designs of the institution, and shall have authority from time to time, to determine and establish the name, numbers and duties of all the officers and servants to be employed in the university, except wherein provision is otherwise made by this act ; and may empower the president, or some other member of the corporation, to administer such oaths as they shall appoint and determine, for the well ordering and good government of the university : Provided^ nevertheless^ That no corporation business shall be transacted at any meeting, unless seven of the trustees, at least, be present.

Sec. 5. And be it further enacted^ That the said corporation shall have power and authority, from time to time, to make and ordain reasonable rules, orders and by-laws for the government of the corporation, not Incompatible with the constitution, laws and ordinances of the United Sutes, the acts of the territory, or the laws of the state in which the university is or may be founded, and the same to repeal as occasion may require, and also to determine the salaries, emoluments and tenures of the several officers.

Sec. 6. And be it further inacted^ That the said corporation shall have power and authority to suspend, dismiss and disfran* chise the president or any member of the said corporation, who shall by his misconduct render himself unworthy of the official station or place he sustains, or who from age or other infirmity, is rendered incapable to perform the duties of his office. And the said corporation shall have power and authority to suspend, dismiss, disfranchise and remove from the university, any professor, instructor, or resident student or servant, whenever the corporation shall deem it expedient for the interest and honor of the university.

Sec 7. And hi it further enactid,^ That whenever the presi* dent or any member of the corporation shall be remtnred by death, resignation, or otherwise, during the recess of the legislature the corporation shall hold a meeting (due notice of the design of which meeting shall be given to the several members) for the supplying such vacancy, who shall continue in office until the end of the next session of the legislature and no longer, by virtue of such appointment ; and in order to choose a president or member of the corporation, there shall be, at least, twothirds of the whole number of said trustees present, and the said election shall be by ballot.

Sec 8. And he it further enacted^ That when any member of the corporation shall be removed by death, resignation, or otherwise, such vacancy shall be supplied at the next meeting of the legislature of the territory or state.

Sec 9. And he it further enacted^ That the president and such professors, tutors and instructors as the corporation shall appoint for that purpose, shall be styled ^ The Faculty of the University,* and shall have power and authority, from time to time, to ordain, regulate and establish the mode and course of education and instruction to be pursued in the university, and also to make public and execute such code of rules, regulations and by-laws as they shall deem necessary for the well ordering and good government of the university, and to repeal oi amend any part thereof, which rules, regulations and by-laws shall continue in force till altered or disapproved of by the corporation. And it shall be the duty of the faculty, to lay before the corporation, from time to time, accurate statements of all their proceedings ; and the faculty shall direct and cause to be holden in the said university, quarterly in every year, a public examination, at which time the faculty shall attend, when each class of students shall be examined, relative to the proficiency they shall have made in the particular arts and sciences, or branches of education in which they shall have been instructed.

Sec. 10. And be it further enacted^ That the said corporation may have and keep one common seal, which they may change, break or renew at pleasure ; and that all deeds and instruments of writing signed and delivered by the trustees, and sealed with the corporation seal by order of the president and treasurer, shall, when made in their corporate name, be considered in law as the deed and act of the corporation. And the said corporation shall be capable of suing and being sued, pleading and being impleaded, in any action, real, personal or mixed, and the same to prosecute and defend to final judgment and execution, by the name of * The President and Trustees of the American Western University.* Provided^ That whenever any suit shall be commenced against the said corporation, the process shall be summons, and the service made by the officer leaving an attested copy of such process with the treasurer of the said corporation, at least twenty days before the return of such process. And the said corporation shall be capable of having and holding and taking in fee simple or by any less estate, by gift, grant, devise or otherwise, any lands or other estate, real or personal.

Sec. II. Whereas the congress of the United States have given, perpetually, for the use and benefit of an university, the two townships numbered eight and nine, in the fourteenth range of townships, in the grant of land made by congress to the Ohio Company of Associates : Therefore,

Bi it further inactid^ that the said two townships numbered eight and nine, in the said fourteenth range of townships, be, and the same arc hereby vested in the said corporation, which by this act is erected, and in their successors forever, for the sole use, benefit and support of the said university, to be holden by the said corporation, in their corporate capacity, with full powers and authority to divide, subdivide, settle and manage the same, by leasing the said lands for such time or such times and in such way and manner as the said corporation shall judge will best promote the interest and wel&re of the said university. iVvvidedy That no lease shall be made for a longer term of time than twenty-one years ; and the tenants or lessees of the said university land, appropriated and vested as aforesaid, shall enjoy and exercise alf the rights and privileges of citizens which they would be entitled to and enjoy, did they hold the same lands in fee simple, any law to the contrary notwithstanding.

Sec 12. And bi it further enacted^ That the clear annual rents, issues and profits, of all the estate, real and personal, of which the said corporation shall be seized or possessed of, in their corporate capacity, shall be appropriated to the endowment of the said university, in such manner as shall most eflFectively promote virtue, morality, piety and the knowledge of such of the languages and of the liberal arts and sciences, as shall hereafter be directed, from time to time, by the said corpo-^ ration. Prwided^ nevertheless. That in case any donation shall hereafter be made for particular purposes, relative to the design of this institution^ and the corporation shall accept and receive the same, every such donation shall be applied in conformity to the intention and direction of the donor or donors.

Sec. 13. And be it further enacted. That the treasurer of the said university shall, before he enters upon the execution of the duties of his office, give bonds to the said corporation in such sums and with such sureties, as they shall approve of, conditioned for the £iithful discharge of the duties of the said office, and for rendering a just and true account of his doings therein, when all moneys, securities and other property that shall belong to the required ; and also for delivering over to his successor in office^ president and trustees of the said university, together with all the books and papers in which his proceedings as treasurer shall be entered and kept, that shall be in his hands at the expiration of his office ; and all money that shall be recovered by virtue of any suit at law, upon such bond, shall be paid over to the president and trustees aforesaid, and be subjected to the appropriations above directed in this act.

Sec. 14. And be it further enacted^ That the lands in the two townships, appropriated and vested as aforesaid, with the buildings which may be erected thereon, for the accommodation of the president, professors and other officers, students and servants of the university, and any buildings appertaining thereto, and also the dwelling houses and out houses, or other buildings of the tenants or lessees, now erected and built, or which may hereafter be built and erected, on the lands within the said township, shall forever be exempted from all territorial and state taxes. Pravidedj nevertheliss^ That such exemption shall not exclude diem from enjoying and exercising all the rights and privileges which otherwise they would be entitled to, under the eleventh section of this act. Prtnnded^ alsoy That nothing in this section contained shall be construed as an exemption of the land, houses and other property which now is or hereafter may be found or built within the said townships, from the payment of county taxes, rates and levies ; but the said land, houses and other property, now or hereafter to be found in said townships, ire hereby declared subject to the payment of county taxes, rates and levies, in the county in which the said townships are or shall be situated, anything in this section to the contrary thereof, notwithstanding. And provididj alsoj That the polls and personal estates of such persons as may and shall live within the taid townships, shall be and remain subject to taxation in common with those of other citizens within the territory or state in which the same may be.

Sec. 15. And be it further enacted^ That it shall be lawful for the aforesaid corporation, or for the trustees acting under this act M hereinafter mentioned, to lease for a small annual rent, on condition of a capital sum being paid in hand or secured to be paid, the whole or any part of the house-lots, and out-lots, of Hve acres in the town of Athens, laid out agreeably to a resolution of the general assembly of the territory, made and approved December the eighteenth, one thousand seven hundred and ninety-nine, by Rufus Putnam, Benjamin Ives Gilman and Jonathan Stone, Esquires, a committee in the said resolution named and appointed for that purpose ; and the capital sum or sums of money, which shall be so received or as much thereof as the corporation shall judge expedient, shall be applied by the trustees to the purpose of erecting buildings for the accommodation of the president, officers and students of the university.

Sec 1 6. And be it further enacted^ That the before named trustees and their successors, and such others as shall be duly elected members of the said corporation, be, and they are hereby empowered to elect a president of the said university, whenever they shall judge it expedient.

Sec 17. And he it further enacted^ That until a president of the said university shall be elected, and shall have entered upon the duties of his office, and also in all cases of a vacancy or the absence of the president, the said trustees shall appoint one of their members to preside in their meetings, and all the doings and acts of the trustees, while acting under such circumstances, shall be considered in law as the doings and acts of the corporation, as fully and completely as when the president of the university shall be in office and preside.

Sec 18. And he it further enacted^ That the legislature of the territory or the legislature of the state within which the said university is or may be founded, may grant any further or greater powers to, or alter, limit or restrain any of the powers by this act vested in the said corporation, as shall be judged necessary to promote the best interest and prosperity of the said university, with all necessary powers and authority for the better aid, preservation and government thereof.

ered, to fix the time and place for holding the first meeting of the said corporation, of which he shall give notice in writing to each member, at least fourteen days previous to such meeting.

This act was drafted by Dr. Cutler. The original manuscript, differing, however, from the act as passed by the legislature, both in the order of its sections, and in some of its material provisions, is now in the possession of the president of the university. It was sent by Dr. Cutler to Rufus Putnam in July, 1800, accompanied by the following letter, which is so illustrative of Dr. Cutler's ability and sagacity, that wc insert it at length:

''Such has been my situation that I could not find leisure to copy a rough draft I had made, many months ago, of an incorporating act, until this day. Whether any part of it will be agreeable, I think is very doubtful. I had long been contemplayng a very diiFerent kind of constitution. Knowing that the colleges at Cambridge and New Haven had derived essential advantages from having the principal civilians in the states concerned in the government, I had thought of a constitution, in which one portion of the corporate body should be the first characters in civil life, another portion clergymen, and a third wealthy land holders. I had also wished to have two branches in the government of the university, as checks, in some respects on each other, somewhat like the overseers and board of corporation at Cambridge. But so numerous and insurmountable were the difficulties that rose before me when I regarded the situation of your country, that I was obliged to abandon every idea of a government I had long been contemplating. It may be necessary to make a few remarks upon the enclosed draft :

Section i. As the American congress made the grant which is the foundation of the university, no name appeared to me more natural than American University. The sound is natural, easy, and agreeable, and no name can be more respectable. There is a Columbian college and a Washington college, etc., already in the country, but no American college. I hope the name will not be altered.

Sec. 2. The number of the board of trustees may be thought small ; but small numbers feel greater responsibility, do business with more dispatch and generally better, and are less expensive than larger numbers. Dartmouth college has an excellent government, which consists only of the president and ten trustees. The college at New Haven had only ten until connected with civilians. It will be best, on many accounts, to have a vice president. It creates no expense, as he will have no compensation only as a trustee, unless when he acts as president. New Jersey college has found much advantage in having a vice president. The trustees ought to live near the college, and by no means outside of our purchase. There will be many advantages in having the president and vice president members of the board, but I can not now enumerate them - they will readily occur to you.

Sec 3. The board is the proper body for appointing ail officers, and prescribing the duties of such as steward, treasurer, etc., but the duties of all concerned in the immediate govern-

Sec. 4. The board must have the power of preserving a^d of purifying itself. The presidents and vice presidents, I believe, of all colleges hold their offices during good behavior. Other instructors hold their offices during the pleasure of the government^ unless special provision is made by the laws of the college. The power of dismissing, rusticating, and expelling students is generally in the hands of the immediate government of colleges, and regulated by college laws. I thought, in this instance, for some special reasons, it would be best to give this power by act of incorporation, to the board in the first instance, but .in such a manner that the board can transfer it to the immediategovernment of the university, and regulate it by college laws. ,

There has been found advantage in ^ving the president the right of nomination ; no considerable evil can follow. In auuur colleges the president has the right of appointing his successor ; but this I should determiiiedly oppose.

The incorporating act bought to require public commencements. These ought to be held^ and, though there are some inconveniences, there are many and important advantages. The colleges in New York and Philadelphia have suffered much for want of them ; in the country they are of the greatest importance. There has often happened, howler, absolute necessity for altering the time and place ; I have, therefore, so framed this article as to admit of alteration.

Sec 5. The immediate governors and instructors of the university, it is to be presumed, will always be the best judges of the mode and course of education, and of laws best adapted to the circumstances of the college. I have so constructed this action as to create, in a sense, two branches to the government with a kind of check on each other.

With respect to every part of the incorporating act, I have ^imed, as much as possible, at plain general principles, without descending to particular regulations. But, especially in the course of study, and laws and rules for the immediate government of the university, the incorporating act ought to do no more than place the whole power in the hands of the board and instructors. For there must be continual variation as experience and circumstances shall dictate, and to be fettered by an incorporating act might prove extremely injurious to the college. It is safe in their hands, for the board and instructors must always feel the highest inducements to establish the best possible regulations ; and they will ever be better judges than a legislature.

But the importance of quarterly examinations is, in my view, so great, and is a regulation so absolutely essential, so apt to be neglected by the government of the university, and so often opposed and resisted by the students, that I would, by all means, insure the practice by making it an article of incorporation.

Sec. ^. To have the two townships as well secured as possible to the board - and as claims to land are liable to so many contests - I thought it would be best to be very particular in describing the title by which the university claims the improvement, and that the disposition of all the funds of the university should be unconditionally within the control of the board, and left wholly to their discretion in applying them. Many colleges have suffered much from having their hands tied, in disposing of the funds to the best advantage, and most for the interest of the institution.

Sec. 8. In all the incorporations granted by the general court of this commonwealth, the amount of the income of real and personal property estate have been, each of them, limited - but to sums far beyond any probability of their ever arising. Whether other sutes do the same I know not. If your assembly would not be likely to make any limitation, it might be best to say nothing about it. But, if they will do it, then forty and fifty thousand dollars can not be too high, as it must be applied to one of the most useful and important purposes to society and to government. The sums sound large, but no one can say to what amount the income of the endowfhents of this university

Sec. 9. This will be the bugbear. You suggested the idea, though I had often thought of it before. I am in doubt whether the section is clearly and properly expressed, or sufficiently guarded to answer the purpose. But I am in much greater doubt whether it is possible to get any article of this Idnd inserted in the act. Sure I am it is an object worthy of great exertion to obtain. If those lots and their income were under the direction of the board, it could not fail of rendering them of incomparably more benefit than if they should be placed in the hands of the people. The board will only be the committee for each township, and infinitely better than any committee they can choose. They will have better instructors in their schools, and under better regulations, and the income probably of higher amount than if the people managed the lots themselves. And the ministerial lots may be rendered incomparably more useful. It will tend to prevent sectaries, secure the people from continual contentions among themselves, become a great inducement to entice respectable characters to engage in the ministry, and, in a much greater degree, alleviate the taxes of the people. The lands will also much sooner become productive.

With regard to erecting public buildings for the university, I can not so fully express my mind to you as I would wish. At present, I should think it not best to erect any considerable pub^ lie building. It will be necessary, in the first instance, to open a Latin school, for I conceive it improbable that any youth can now be found in the country qualified for admission as the students of a college ; or, if a freshman class can be formed, it must be small. A building of two stories, pretty large on the ground, in form of a school house, may answer every purpose for some years. I feel an aversion to large buildings for the residence of students, where there are regular families in which they can reside. Chambers in colleges are too often made the secret nurseries of every vice, and the cages of unclean birds.

It must require time to mature plans for large buildings. I will endeavor to attend to the matter, and give you my ideas of public buildings. In the meantime, be assured that I am, with great respect.

Manasseh Cutler

It will be noted that additions to, and material alterations in, the draft as submitted by Dr. Cutler, were made before the incorporating act was passed. Section nine of his draft, referred to by him as the "bugbear," gave the board of trustees full and separate control of the school and ministerial lots, Nos. sixteen and twenty-nine, with authority to lease or improve the same, the rents and income always to go to the respective townships, etc. The charter as passed contains no similar provision.

It does not appear that any effective action was taken under this law of 1802. It is probable that the widely separated residences of the trustees, the difficulty of communication, and the extreme badness of the few roads that existed, operated to prevent action. Doubtless, too, the political excitement of the day had its influence, as the contest relative to the formation of a state government and admission to the Union, was, at that time, absorbing every other interest.

Risohid^ That Samuel Carpenter, James Wells, and Henry Abrams, be appointed commissioners to appraise the land in* eluded within the two college townships, in the county of Washington, at its real value in its original and unimproved state; to divide and value said land into four different qualities or rates and make return of the quantity contained in each division, as near as may be, and the value thereof, to the next general assembly on oath. And that the said commissioners also value the land in its present situation, mentioning the number of houses and quantity of cleared land contained within the two townships* *

Rn$lvid^ That the trustees appointed by the act entitled an act establishing an university in the town of Athens, be and they are hereby required to report to the next general assembly of this state, what measures they have taken to carry the said act into operation.

Nathaniel Massie Michael Baldwin

Section i. Be it enacted by the General Jssembfyy etc, jThzt the commissioners appointed to appraise the two college townships in the county of Washington, by a resolution of the first legislature of the state, viz : Samuel Carpenter, James Wells and Henry Abrams, for eighteen days' service each, in accomplishing said business, be, and they are hereby entitled to receive each for said services, the sum of thirty dollars, to be paid out of the

Elias Langham

Sec 2. Same as in the first act, except change of name and making the governor of the state, president of the board of trustees, ex-officio^ and fixing the number of trustees at not less than ten nor more than fifteen.

Sec 3. Names as the trustees, Elijah Backus, Rufus Putnam, Dudley Woodbridge, Benjamin Tappan, Bazaliel Wells, Nathaniel Massie, Daniel Symmes, Daniel Story, Samuel Carpenter, Rev. James Kilbourne, Griffin Green, Sen., and Joseph Darlinton.

Sec h. And he it further enacted^ That one or more of the aforesaid trustees (to be appointed by the board for this purpose) shall within six months from the passage of this act, proceed (by the oath of three disinterested and judicious freeholders,) to lay off the lands in said townships (those included in the town of Athens excepted), or such part thereof as they may deem expedient, into tracts of not less than eighty, nor more than two hun* dred and forty acres, and to estimate and value the same as in their original and unimproved state - for which service such compensation shall be allowed as the treasurer shall think reasonable, to be paid out of the funds of the university ; and having thus laid off and estimated said lands, the trustees, after giving four weeks' notice in the newspaper printed at Marietta, shall proceed to make out leases of the said tracts to such of the present occupants as shall apply for the same within three months after such notice given, and to all persons that shall apply hereafter, for the term of ninety years, renewable forever, on a yearly rent of six per centum on the amount of the valuation so made by the said freeholders ; and the land so leased shall be subject to a re-valuation at the expiration of thirty-five years, and to another re-valuation at the expiration of sixty years from the commencemont of the term of each lease, which re-valuation shall be conducted and made on the principles of the first valuation; and the lessee shall pay a yearly rent of six per centum on the amount of the re-valuation so to be made, and forever thereafter a yearly rent equal to and not exceeding six per centum of the amount of a valuation to be made as aforesaid, at the expiration of the term of ninety years aforesaid (which valuation the trustees and their successors are hereby authorized and directed to make): Providid^ however, that such last mentioned rent shall be subject to the following regulations, to wit, at the expiration of the aforesaid period of ninety years, three referees shall be appointed, the first by the corporation of the university, the second by the lessees under the provisions of this section of this act, and the third by the two referees thus chosen \ or in case either or both of the parties shall neglect to choose such referee or referees, or said referees shall neglect to choose an umpire, the general assembly at its next session shall appoint such number of referees, not exceeding three, as the case may require, which referees shall meet within a reasonable time, to be agreed on between them, at the town of Athens, and there and then determine on and declare the medium price per bushel of the article of wheat, which determination shall be grounded on a calculation of the average price of said article at the town of Marietta for the five preceding years, which declaration shall be made in writing and entered of record on the books of the corporation ; and at the commencement of each and every period of twenty years there* after the amount of rent of such period shall be fixed on and determined, by referees to be chosen upon the principles herein before directed, from a comparison of the aforesaid recorded price of wheat with its average price at Marietta for the five years which shall have been then last past ; in which leases shall be reserved a right of distress and of re-entry for non-payment of rent at any time after it shall have been due two months, provided, always that the said corporation shall have power to demand a further yearly rent on the said lands and tenements not exceeding the amount of the tax imposed on property of like description by the state, which rent shall be paid at such time and place, to such person, and collected in such manner, as the corporation shall direct."

Sec 12. And be it further enacted^ That the trustees shall lay oiF the aforesaid town of Athens, conformably to a plan made out by Rufus Putnam and others, in pursuance of a resolution of the territorial legislature of the eighteenth of December, 1799, with such variations, however, as they may find it expedient to make ; and the same being thus laid off and aplat of the same, with a designation of the uses of the general parts, recorded in the office of the recorder of the proper county, and six weeks' previous notice given in at least two of the newspapers of this state, may proceed to sell, from time to time, at public auction, such of the house and out-lots as they may think proper, for which lots on payment being made or satisfactory security given, according to the conditions of such sale, they shall exe* cute to the purchasers, respectively, leases for the term of ninety years, renewable forever, on an annual rent equal to and not exceeding six per centum of the amount of the purchase money ; which lots with the improvements which may be made on the same shall be subject to such further yearly rent, as may be equal to the tax imposed from time to time, on property of like value and description, by the state ; and they are likewise authorized to deliver a reasonable compensation for the improvements which have made on lands within the town of Athens, to be paid out of the funds of the university.'*

Sec. 16. Be it further inacted^ That the said corporation shall have fiill power from time to time to contract for and cause to be erected such buildings as they shall deem necessary, for the accommodation of the president, professors, tutors, pupils and servants of said university, as also to procure the necessary books and apparatus for the use of said university, and shall cause payment therefor to be made out of the funds of the university, and shall reserve such lot or lots in said town of Athens as they may deem necessary for the purpose aforesaid and for the erection of buildings for the use of the town and county.

Sec. 18. Provides that in the absence, &c., of the president &c., one of the trustees may be appointed to preside at their meetings and act in certain cases.

" At a meeting of the trustees of the Ohio University, convened at the house of Dr. Eliphaz Perkins, in the town of Athens, on the first Monday of June, 1804, the day ordered by His Excellency Edward Tiffin, Esq., governor of the state of Ohio, for the first meeting. The following trustees present, viz:

The board elected Governor Tiffin president, Dudley Woodbridge secretary, Eliphaz Perkins treasurer, and adjourned till next day, June 5th, This first session of the board lasted three days, and was principally spent in arranging for the appraisal and leasing of the college lands. Rufus Putnam and Samuel Carpenter were appointed to lay off and appraise such lands in the two townships as were claimed and occupied. Since the surveying of these townships in 1795, numbers of new settlers had come in and occupied the lands. Some of these were rough and determined characters, and were bent on maintaining possession. To adjust these cases, settle disputed titles, etc., required patience, tact, and wisdom. The parties had either to be mollified and induced to come to terms, or be ejected from the lands. The first business of the board was to adjust the claims of conflicting parties, secure titles and protect the corporation in its rights. These matters, together with the surveying and laying out o{ lots, classifying lands, etc., employed the trustees during this session.

We can not refrain from remarking that the meeting of these men, under the circumstances, aflForded a high proof of their character - of their appreciation of the value of education, and their honest devotion to the welfare of the new country. They had traveled fifty.

seventy-five or a hundred miles, by blind paths or Indian trails through dense forests, inhabited only by wild animals, to this embryo village, for the purpose of establishing an institution of learning. It is gratifying, after the lapse of nearly three-quarters of a century, jto be able to record that, notwithstanding the immense difficulties of the case, their labors, and those of their coadjutors, were^ ultimately rewarded with complete success.

In his message, at the opening of the third session of the general assembly, December 4, 1 804, Governor Tiffin gave proper prominence to the topic of schools and education. After general remarks on the subject he then refers to the Ohio university :

** These observations will naturally lead you to inquire whether any, and if any, what improvements are necessary to the act entitled ^ an act establishing an university in the town of Athens.* Under this act a quorum of the trustees met in June bst, and, so far as their powers extended, carried it into effect ; a committee of two members of the board was appointed to superintend the surveying of such part of the two townships of land, which were appropriated for the university, as might be applied for by those willing to become lessees ; also to superintend the sales of a small part of the town and out-lots, which were designated by the board to be sold as an experiment ; and in exhibit No. i, I lay before you a communication from

General Putnam'*', one of the committee, which shows that the prospects are flattering. But it is necessary to observe, from actual observation, when there, and from information derived from intelligent characters since, that the settlers on these lands were induced to apply for leases, under an impression that the legislature would review the law, and be governed by a more liberal policy. Should it be thought that these lands ought to be valued at a generous price, once for all, and leases be authorized to issue, upon the payment of the legal interest yearly, there can be no doubt but that they would soon be all occupied^ and from the sales of the town and out-lots, a sufficient sum would be raised to erect such public buildings as may be immediately wanted ; and that the rents of the lands and lots would be sufficient to support the university, answer every purpose for which the donation was originally made, and the state be immediately benefited by the institution.

^^ It is further thought, that it would greatly increase the demand for those lands and town lots, as well as prepare the way for the accommodation and comfort of the youths who may be sent to the university, if a new county were erected and its seat established at Athens. This may conveniently be done without injury to the counties adjacent, and, in my opinion, the convenience of that part of the country imperiously demands it.''

* General Putnam and Colonel Samuel Carpenter were the committee referred to. The former «(rrote to Governor Tiffin, November 6, 1804, that the sales of the house and out-lots of the town of Athens amounted to $2,223. $o; average of house-lots $43.33} ; of the outlots $39. In the south township (Alexander), seventy-five tracts, or 11,000 acres, were applied for. As to the north township (Athens), under the superintendence of Colonel Carpenter, General Putnam was not fully informed ; but in August previous, seventy -five applications for leases, covering 8,760 acres, had been made.

** Section I. Be it enacted by the General Assembly of the State of Ohio^ That James Denny, Emanuel Carpenter, Jun., Isaac Dawson, Pelatiah White, and Ezekiel Deming, residents of this state, are appointed appraisers of the two college townships numbered eight and nine, in the fourteenth range of townships within the grant of land made to the Ohio company of associates ; and the said appraisers, or any three of them, on oath or affirmation, are hereby required to appraise the townships aforesaid, within nine months, at the present real value, as also in its original and uncultivated state, and make report thereof to the board of trustees of the said university ; and the said trustees shall lease the same to any persons who have applied, or may apply, agreeable to law, for the term of ninety-nine years, renewable for ever, with a fixed annual rent of six per centum on the appraised valuation : provided^ that no lands shall be leased at a less valuation than at the rate of one dollar and seventy-five cents per acre.

Sec. II. Be it further enacted^ That the commissioners aforesaid shall meet on the first day of April next, at the town of Athens, and shall then proceed to discharge the duties imposed on them by this act, and the act to which this act is an amendment, and shall perform the same within the time mentioned in this act.

Sec III. Be it further enacted^ That the trustees of the corporation of the said university lands are hereby authorized and empowered to remove, by due course of law, all persons living on said lands, in case such persons refuse or neglect to take leases within six months after the valuation of the lands as aforesaid.

Sec IV. Be it further enacted^ That the secretary of this state shall cause notice to be given, as soon as convenience will permit, to each of the commissioners aforesaid, of their appoint- ment under this act ; and the commissioners, respectively, on receiving the notice aforesaid, shall, within a reasonable time thereafter, forward to the governor of this state, their acceptance or declination of the appointment under this act made.

Sec V. Be it further enacted^ That so much of the aforesaid act, passed the i8th day of February, 1804, as is contrary to this act, be and the same is hereby repealed. This act shall be in force from and after its passage.

Michael Baldwin Daniel Symmes

The next year was consumed in settling titles, appraising the lands, and accumulating a small fund with which to begin the actual educational work. The second meeting of the board of trustees was called for November 20th, 1805, but no quorum was present and they adjourned. The third meeting was held April 2d, 1806, when the committee for selling town lots reported,'*' and other business was transacted relative to titles and leases. At this session it was

Resolved^ That Jacob Lindley, Rufus Putnam, and William Skinner, be a committee to contract with some person or persons for building a house in the town of Athens for the purpose of an academy, on the credit of the rents that will hereafter become due.

At the next meeting, December 25, 1806, the committee reported a plan, and were empowered to contract for a building. The academy building was begun very soon after this, and nearly completed in 1807. It was built of brick and stood almost directly east of the present college buildings and just outside of the present enclosure. It has long since disappeared.

March 2d, 1808, the Rev. Jacob Lindley, Eliphaz Perkins, and Rufus Putnam were appointed a committee to report a system " for opening the academy, providing for a preceptor, and conducting that branch of the Ohio university,'* and they reported a plan of study and certain regulations at that meeting. A few days later Mr. Lindley was chosen preceptor, and entered on his duties in the spring of 1808.

The difficulties of appraising and leasing the lands were still a source of great vexation and labor. The following act of the legislature belongs to this period :

Section I. Be it enacted^ etc.^ That the trustees of the Ohio untversity be and they are hereby authorized to lease the appraised lots of land lying in the two college townships, numbers 8 and 9, in the 14th range of townships, of the Ohio Company's purchase, that have been appraised at a less value than one dollar and seventy-five cents per acre, at six per cent, on the appraised value.

they are hereby authorized to appoint appraisers to appraise such parts of the aforesaid townships, as have not been heretofore appraised, whenever they may deem it expedient.

Sec. III. Be it further enacted^ That so much of the act entitled ' an act establishing an university in the town of Athens/ passed the 2ist day of February, 1805, as is contrar)* to the provisions of this act, be and the same is hereby repealed.

Abraham Shepherd Thos. Kirker

Section I. Be it enacted^ etc.j That all persons residing in either of the two college townships, numbered eight and nine^ in the fourteenth range in the Ohio Company's purcha^. and holding leases, shall be considered as freeholders.

Sec II. Be it further enacted^ That the second section of the act entitled ^ an act supplementary to, etc.,* passed January 17, 1806, which allows a compensation to the trustees for their services, be and the same is hereby repealed.

cases where the rent of any person or persons has been due for two months, immediately to transmit a certified copy, under his hand and the seal of said corporation, to the collector of the said corporation, of an accurate list of all such delinquents, which list, certified as aforesaid, shall be sufficient power for the said collector to distrain on the goods and chattels of each and every delinquent, and the same to advertise in three public places in the township in which such goods and chattels are distrained, ten days previous to the sale ; and the said collector shall then proceed to sell the same at public vendue, and the rent and costs forthwith to pay to the treasurer of said Ohio university, and the overplus, if any, to refund to the delinquent ; and for want of goods and chattels, to re-enter and take possession of the premises for the use of the trustees of the said university as provided by law : and the said collector shall receive the same compensation for his services as sheriffs do in similar cases. Provided^ however, that if any delinquent shall think himself aggrieved, he shall have his action against the said treasurer or collector (as the case may be), or both, and shall recover all damages he may unjustly sustain.

Sec. IV. Bi it further enacted^ That Eliphaz Perkins, Silvanus Ames, Jehiel Gregory, Abel Miller, Leonard Jewett, and Moses Hewitt, be appointed in addition to the present number of trustees of said Ohio university.

Sec. V. Bi it further enactedy That the said corporation shall have power and authority to adjourn to any period they may think proper ; and the number of trustees of said university shall never exceed nineteen, nor be less than eleven, any five of whom shall be a quorum to transact any business of said corporation*

Philemon Beecher Thos. Kirker

Great difficulty was still experienced, owing to reasons before mentioned, in getting the board together, and also in collecting the fents on the university lands, in money and promptly. The next year further changes were made in the board, and the following act was passed :

Section I. Be it enacted, etc., That Robert G, Wilson, Jesup N. Couch, John P. R. Bureau, Elijah Hatch, Jan., and Henry Abrams, be and they are hereby appointed trustees of the Ohio university.

Sec II. Be it further enacted, That the trustees shall have power and authority, until the year one thousand eight hundred and eleven, to receive of any of the lessees in payment of rent, such article or articles of produce as may by them be agreed on at any regular meeting of said trustees; provided it shall not exceed two-thirds of the annual rents.

Sec III. Be it further enacted^ That nine of the trustees of the said university shall hereafter be necessary to form a quorum to transact the business of said corporation, any law to the c on trary notwithstanding.

Sec IV. Be it further enacted, That the trustees shall have authority to resurvey, or cause to be resurveyed, any large tract of land (at the expense and request of the lessee), and the same to lay off in such lots as they shall think will best promote the interests of said institution.

Sec. V. Be it further enacted^ That when a tract of land has been surveyed and leased to one or more persons, and by him or them sold to one or more persons, the parties shall be entitled to receive from the treasurer of said institution, separate leases in their own names, by paying a reasonable compensation therefor, to be agreed on by the trustees at a regular meeting. This act to take efFect from and after its passage.

Alexander Campbell Thos. Kirker

By an act of January 29, 1 8 1 1 , the* second section of the foregoing act, relative to receiving produce for rents, was revived and declared to be in force until repealed by future legislation.

By an act passed February 15, 18 12, entitled ^^ an act to authorize the trustees of the Ohio university to issue orders in certain cases and for other purposes," the trustees were authorized to lend any surplus moneys of the university at the rate of six per cent, yearly interest to such persons, on such security and under such conditions as the trustees should determine.

Meanwhile Dr. Lindley constituted the whole faculty, and was laboring faithfully with the grammar school which was now in successful operation. In 1 8 12, Mr. Artemas Sawyer, a graduate of Harvard university, an accomplished linguist and fine general scholar, was appointed an assistant instructor in the academy. In the year 18 15, the first degree of bachelor of arts awarded in Ohio was conferred by the Ohio university on Thomas Ewing. He had entered the institution three years previously and pursued his studies with great energy, spending his later vacations in laying out country roads, surveying, etc., to raise means to carry him through.

In 1 8 15, the success of the university was thought to be so far assured, and the necessity for increased facilities was so apparent, that the trustees resolved to erect a new college building. June 4th, 1816, a committee, consisting of Jacob Lindley, Eliphaz Perkins, and J. Lawrence Lewis, appointed in September previous, reported to the board that, after due advertisement and consultation with an architect, they had contracted with William T. Dean for 370,000 bricks at $4.50 a thousand ; with Christopher and Daniel Herrold for 27,964 feet of lumber, to be delivered and piled up during the summer, at ^1.12 per hundred feet; with Messrs. Bingham & White for stone; with Pilcher & Francis for laying the foundation of the rough stone and making the window and door sills, and with Wm. and James Wier for digging the cellar - which last was already completed. The corner stone of the building, now known as the center college, was laid in the summer of this year. The work was pushed forward as rapidly as the condition of the treasury would permit, and the building was completed in 1817. The two wing buildings were built in 1836.

Ris§hed^ That a committee of three be appointed to draft a petition to the legislature praying for a grant of a lottery to assist in building a college house for the university. Messrs. Putnam, Hildreth, and Perkins appointed.

Whbreas, the diffusion of science and literature has ever been found to be auspicious to the- interests of liberty and the purity and permanence of republican institutions.

Section I. Be it enacted by the General Assembly of the State ofOhio^ That Eliphaz Perkins, Dudley Woodbridge, Jun., William R. Putnam, John P. R. Bureau, Joseph B, Miles, William Skinner, and Edward W. Tupper, any four of whom shall form a board for transacting business, be and they are hereby appointed commissioners, with full power and authority to raise by lottery, a sum of money not exceeding twenty thousand dollars, to be appropriated to defray the expense of completing the college edifice btely erected at Athens, and to purchase a library and suitable mathematical and philosophical apparatus for the use of the Ohio university.

Sec. II. Be it further enacted^ That the said commissioners, before they shall proceed to the sale and disposal of the tickets in said lottery, shall enter into sufficient bonds, in the sum of one hundred and fifty thousand dollars, to the treasurer of the state of Ohio and his successors in office, with condition that they will well and truly apply the moneys to the payment of the prizes that shall be drawn in said lottery : provided the payment thereof shall be requested within one year after the drawing of said lottery ; also that they will faithfully pay over to the treas- urer of the Ohio university the surplus of said moneys, to be by the trustees of said university applied to the purposes specified in the first section of this act ; and that in case of failure to draw said lottery within the time limited in this act, the said commissioners shall cause to be refunded to the purchasers, severally, all moneys which they shall have received for tickets in said lottery. And the said bond shall be lodged in the office of the clerk of the court of common pleas, in the county of Athens, and on such bond or office copy thereof, suit or suits may be instituted by any person or persons interested for any breach thereof.

Sec III. Be it further enactedy That the said commissioners are hereby authorized and required to take bond and security from all persons to whom they may deposit for sale, the tickets in said lottery, conditioned that such persons shall justly account for the value of the tickets by him or them received, or return the same ; and such bond shall be made payable to the said commissioners by name, and the survivors of them, and if the conditions of any such bond shall be broken, the obligees therein named, or their survivors, may sustain an action thereon, to recover the value of the tickets not accounted for.

Sec IV. Be it further enacted^ That the said commissioners, when they shall have sold and disposed of such a proportion of tickets as shall, in their opinion, render expedient the drawing of said lottery, shall proceed to draw the same publicly, having given due notice thereof, by publication in one or more newspapers printed at Marietta, Cincinnati, Pittsburg, Philadelphia, Washington City, and Chillicothe, setting forth the time and place of said drawing.

Sec V. Be it further enacted. That the said commissioners, when about to proceed to the drawing of said lottery, shall be duly sworn by some judge of the supreme court, or of the court of common pleas, to the faithful discharge of the several duties appertaining thereto, and shall also appoint a clerk who shall be sworn to keep a true and impartial account of the drawing.

Ohio university are hereby authorized to allow to said commissioners and clerk, a reasonable compensation for their respective services in the management and drawing of said lottery.

Sec VII. Bi it further enacted^ That the drawing of the said lottery shall be completed by the commissioners aforesaid, within three years from the passage of this act.

This scheme was never carried out. In fact, the commissioners never, so far as can be learned, took any action under the law, and it became a dead letter. It is, however, illustrative of the views which obtained in the state at that day on the subject of lotteries. About this period, and during a few years prior, they were authorized by the legislature for various purposes, such as educational movements, road or river improvements, etc., but shortly after this they were prohibited , by law, and public sentiment in Ohio has been, since that time, wholly against them.

In 1 8 19 (Mr. Sawyer having ceased his connection with the institution some time before this). Professor Joseph Dana was brought in as teacher of languages. Mr. Dana was a fine classical scholar, and his fitness for the chair of languages was pre-eminent.

Section I. Be it enacted^ etc.y That it shall be the duty of the president and trustees of the Ohio university, at their first meeting after the taking effect of this act, to appoint three disinterested freeholders as appraisers, whose duty it shall be (after taking an oath faithfully to perform the duties of their appointment), to appraise all such tracts of land, belonging to said institution, as have reverted back to said board, either by re-entry or otherwise, which appraisal shall be made according to the present value of said tracts of land, in money, and the said appraisers shall make out a list of all such tracts of land by them so appraised, together with the appraised value of each tract, which list they shall return to the office of the secretary of the board of trustees.

Sec II. Be it further enacted^ That it shall be the duty of the president and trustees to lease all or any part of said tracts of land agreeably to the provisions of the acts of February list, 1805, and of January 23d, 1807, and it shall be the duty of the president and trustees, whenever hereafter any tract of land^ which has been appraised and leased, shall revert back to the board, either by re-entry or otherwise, to have them appraised and leased as directed in this act.

Joseph Richardson Allen Trimble

The pecuniary embarrassments of the university were so far overcome that its complete organization was accomplished in 1820, and in 1822, the faculty was con* stituted as follows: Rev. James Irvine, president and professor of mathematics ; Joseph Dana, professor of languages ; Rey. Jacob Lindley, professor of rhetoric and moral philosophy; Rev. Samuel D. Hoge, professor of natural sciences, and Henry D. Ward, academical precepton

From this period may be dated the complete working system and large usefulness of the university- Literary societies had bsen organized some years before ; the nuclei of three respectable libraries - a college library, a library of the Athenian, and one of the Philomathean literary society - had been formed, philosophical apparatus secured, and a fine cabinet of minerals begun.

The institution has had its times of prosperity and depression, but, during the last half century, it has, in the aggregate, accomplished noble results, and sent forth from its halls a large number of able and active men.

At the present time the university is with difficulty sustained, and its condition is no credit to the state. It has an able and faithful corps of instructors, who, in spite of difficulties, are laboring, not without success* But the institution should have state aid. It was the design of the Ohio Company, and the purpose of congress to make it a richly endowed university - the most richly endowed at that time of any in the United States* But, by mismanagement and trickery, it has been.

through a series of years, cheated of its revenues. It should have a large income from its original endowment, and that without, in the least degree, burdening the lessees of these lands. The state owes it to the fathers of the university who founded it with prayers and amid difficulties, such as we little comprehend, that it shall not be permanently kept out of its rights by legal technicalities ; and we can not doubt that the people and the legislature of Ohio will eventually come to this conclusion. It will be a disgrace to them if the first university founded west of the mountains and around which ^'memories cluster thick as flowers," shall be allowed to fall into decay and disappear from the land for the want of aid which it has a right to expect and demand.

Chapter Viii

ALEXANDER, one of the four townships into which the county was divided on its organization, originally included the territory which now forms eleven townships, viz: Bedford, Scipio and Columbia townships of Meigs county; Vinton, Clinton, Madison, Elk and Knox of Vinton county; and Lee, Lodi and Alexander of Athens county. Its territorial extent was the same as that of Ames and just twice that of Athens. The township was located and surveyed in 1795. Athens and Alexander being the "college townships," were generally spoken of in connection, and, as Alexander lay south of Athens, it was for a long time familiarly designated as "Southtown." Among the residents of Alexander as early as 1 805 were Robert Ross, William Gabriel, Amos Thompson, Enos Thompson, Edward Martin, Isaac Stanley, John, Jonathan, Joseph, Thomas and Isaac Brooks, Matthew Haning, Thomas and John Armstrong, Jared, Israel and Martin Bobo,

Caleb Merritt, Joel Lowther, Michael Bowers, William Strond, Esquire Bowman, Abner Smith, Charles and Isaiah Shepherd, Thomas Sharp, and Richard and William Reeves. The population of the township in 1820 was 854; in 1830 it was 882; in 1840 it was 1,451; in 1850 it was 1,735; ^^ i860 it was 1,675. Hebbardsville,* pleasantly situated in the western part of the township, is the principal center of population.

Jeremiah Clements and Israel Bobo, noted as hunters in the early settlement of the county, killed in one season sixty-five bears in one neighborhood, included in the site of the present town of Hebbardsville. The same men were fond of whisky, and, to get a supply, took a horse-load of bear skins to the Ohio river and traded for a barrel of the desired article. The next difficulty was how to get it home. They finally cut two poles from the forest and formed a sort of drag to be drawn by the horse, the largest ends of the poles resting on the ground. The barrel of whisky was then secured between the poles and thus dragged through the woods to Alexander township, where they lived. This was the first barrel of whisky ever brought into Alexander. In after years the use of it became common and greatly the fashion, but at the present time it is not kept for sale at any place in the township.