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HISTORY OF OHIO.

IT is not our province in a volume of this description, to delineate the chronology of prehistoric epochs, or to dwell at length upon those topics pertaining to the scientific causes which tended to the formation of a continent, undiscovered for centuries, by the wisdom and energy of those making a history of the Old World, by the advancement of enlightenment in the Eastern Hemisphere.

Naturally, the geological formation of the State of Ohio cannot be entirely separated from facts relative to the strata, which, in remote ages accumulated one layer above the other, and finally constituted a "built-up " America, from a vast sea. The action of this huge body of water washed sediment and whatever came in its way upon primitive rocks, which were subjected to frequent and repeated submersions, emerging as the water subsided, thus leaving a stratum or layer to solidify and mark its number in the series-a system of growth repeated in trees of the forest-in those descernible rings that count so many years. The southeastern part of North America emerging a second time from the Silurian Sea, which extended west to the Rocky Mountains and north to the primitive hills of British America, a succession of rock-bound, salt-water lakes remained. These covered a large portion of the continent, and their water evaporating, organic and mineral matter remained to solidify. This thick stratum has been designated by geologists as the water-lime layer. This constitutes the upper layer of rock in the larger portion of the west half of Ohio. In other sections it forms the bed rock.

Following the lime - rock deposit, must have been more frequent sweeps of the great sea, since the layers are comparatively thin, proving a more speedy change. During this scientific rising and falling of the sea, other actions were taking place, such as volcanic and other influences which displaced the regularity of the strata, and occasionally came out in an upheaval or a regular perpendicular dip. A disturbance of this character formed the low mountain range extending from the highlands of Canada to the southern boundary of Tennessee. This "bulge" is supposed to be the consequence of the cooling of the earth and the pressure of the oceans on either side of the continent. Geologists designate this as the Cincinnati arch. This forms a separation between the coal fields of the Alleghanies and those of Illinois.

Passing over several periods, we reach the glacial, during which the topography of the continent was considerably modified, and which is among the latest epochs of geology, though exceedingly remote as compared with human

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history. Previously, a torrid heat prevailed the entire Northern hemisphere. Now the temperature of the frigid zone crept southward until it reached Cincinnati. A vast field of ice, perhaps hundreds of feet thick, extended from the north pole to this point. As this glacial rigor came southward, the flow of the St. Lawrence River was stopped, and the surplus water of the great lake basin was turned into the Ohio and Mississippi. This glacial sea was by no means stationary even after its southern limit had been reached. It possessed the properties of a solid and a fluid. Its action was Blow but powerful, grind. ing mountains to powder and forming great valleys and basins. Separating into two glacial portions, one moved toward the watershed north of the Ohio River and, continuing westerly, it hollowed out the basin of Lake Erie and crushed the apex of the Cincinnati arch. From this point, it turned southward and swept with a regular course through the Maumee and Miami Valleys to the Ohio River. The southern border constantly melting, and flowing toward the Gulf of Mexico, the great field was pressed forward by the accumulations of ice in the northern latitudes. Thus for ages, this powerful force was fitting the earth for the habitation of man. The surface was leveled, huge rocks broken and reduced to pebbles, sand, clay, etc., other soil and surfacematerial while the debris was embedded at the bottom. In some sections, as the ice melted and freed the bowlders and rocks, the lighter material was swept away. The glacier moving forward, and the forces proving an "equilibrium," the edge of this ice-field was held in a solid stronghold, and the material thus deposited forms a ridge, called by geologists "terminal moraine," first exemplified in Ohio by the "Black Swamp," in the Maumee Valley.

The most extreme rigor of this period beginning to wane, the ice of the Maumee and Miami Valleys began to move slowly forward, toward the north, reaching the points now termed Hudson, Mich.; Fort Wayne, Ind., and Kenton, Ohio-reaching somewhat further south than Lima and Van Wert. The edge of the glacier was defined in outline by the present western border of Lake Eric, and parallel with it. Climatic influences " acting and counteracting," the glacial force was concentrated, the Maumee Valley being subjected to a grinding process, and a deposit of material going on, which now forms the boundary of the "Black Swamp." As our readers are aware, the waters of the St. Joseph and St. Mary's meet at Fort Wayne, and their united waters form the Maumee; thence the turn is northwest, and, wearing an outlet through the ridge, it reaches the head of Lake Erie.

The torrid zone yet gaining the ascendency, the ice-fields continuing their reverse motion, and retreating toward the north, the basin of the great lakes was formed; and the blocks of ice melting therein, a vast sea of fresh water was formed, which gradually overflowed a portion of Canada and Michigan. But the St. Lawrence, that important outlet, was under the restraint of an ice blockade, and the surplus water of the fresh sea was turned into the Ohio and and Mississippi.

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Later, mountains of ice-float were drifted from the north by winds and currents, into temperate latitudes, and melting, deposited rocks, stones and general debris. Following the iceberg-drift, came the permanent elevation above the oceanlevel. The St. Lawrence outlet was formed. The inland sea was assuming its division into lakes. The united waters of Erie and Huron flowed through the Wabash Valley and into the Ohio, until, through some agency, that section was dry, and the lakes drained in another direction. The action of the glacial period in the Erie basin vicinity created what is known as the "Niagara limestone," by grinding upper strata and drifting the debris elsewhere. This seems to have occurred at intervals, exposures being made in Seneca, Sandusky and Wood Counties, and beneath the axis of the Cincinnati arch. Oriskany limestone is also available in another stratum, which has been brought to the surface. Again, there is a carboniferous stratum of limestone, and along the Maumee is a thin exposure of the Hamilton limestone and shale.

A glacier having both fluid and solid properties, it will readily be comprehended that obdurate projections of rock resisted its action, and created currents in other directions, for its forces. When this specified epoch had ceased to be, Ohio was a rough, irregular and crude mixture of ridges and knobs and pinnacles, which were "leveled up " and finished by iceberg-drift and inland-sea deposits. This settled and accumulated, and the work of hundreds of years produced a beautiful surface, its inequalities overcome, the water having receded and "terra firma " remaining. A deep bed of clay, sufficiently compact to hold the germs of organic matter, and sufficiently porous to absorb moisture, was especially adapted to encourage the growth of vegetation. These seeds had been brought by the winds and waves and natural agencies, and now began to produce plants and shrubs, which withered to enrich the soil, after scattering broadcast seeds that would again perpetuate verdure. Worms, land crabs and burrowing animals assisted in the creation of soil, while the buffalo, deer and bear followed, as soon as forestry appeared. Decomposed foliage and fallen timber aided in the great work of preparing the present State of Ohio for the habitation of man. Prairie, marsh, forest, rivers and lakes were formed, which, in turn, were modified and prepared for a grand destiny by other influences.

In glancing over the compiled histories of Ohio, those containing details of her early struggles, afflictions and triumphs, we are especially impressed with its near and sympathetic relation with the great Northwest, and the republic of the United States of America. From the early years when white men built their rude cabins in the then tangled wilderness, to the opulent and magnificent present of this united nation, Ohio has been stanch, loyal and earnest, both in action and principle.

We shall endeavor to trace the history of the State concisely and accurately, according to the data given by the most reliable historians. We are obliged to glean the prominent events only, our space being limited, compared with the multitudinous interests connected with this important part of the United States.

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FRENCH HISTORY.

All through early French history, is the fact especially prominent, that in their explorations and expeditions, they united piety and business. They were zealous in Bending out their missionaries, but they were always attended by traders and those who were as skilled in the world's profit and loss, as their companions were in propagating Christianity.

Prior to the landing of the Pilgrim Fathers upon Plymouth Rock, the Upper Lakes were visited by the French, and records prove that during the first half of the seventeenth century, a vagabondish set, working in the interests of the fur company of New France, understood the geographical position of the lakes and their tributary streams. M. Perrot, an intelligent explorer, made overtures of peace to the Indian tribes around these bodies of water, and effected a treaty, which, it is claimed, established the right for the French, in the name of their king, to hold the place near St. Mary's Falls. They further assert that the Mississippi was discovered by the French from Lake Superior, but this is not authenticated, and Father Marquette and M. Joliet are accepted as the first who found this large stream, in 1763. The good missionary won his way with his patient and sympathetic nature.

Ohio was, like the other portions of the West, originally in the possession of aborigines or Indians. Of their origin, many suppositions are advanced, but no certainties sustained. From practical evidences, the Mound-Builders were active in Ohio, and here as elsewhere, their work marked retrogression rather than advancement. The territory of Ohio was claimed by the French, and included in that wide tract between the Alleghanies and the Rockies, held by them under the name of Louisiana. Before the year 1750, a French trading-post was established at the mouth of the Wabash, and communication was established between that point and the Maumee, and Canada. Between the years 1678 and 1682, the intrepid La Salle and Father Hennepin, assisted by Fondi, an Italian, with a small band of followers, inaugurated a series of explorations about the great lakes and the Mississippi, building forts on their way and planting the French priority, In 1680, La Salle erected a stockade at the foot of the rapids of the Maumee, which was a general rendezvous for missionaries, traders and explorers, besides constituting a primitive "stock exchange."

The English colonies were at this time east of the Alleghanies, while the French were establishing themselves west of this range, gaining an entrance north and south, the two portions separated by hostile and barbarous foes. La Salle's spirit of adventure led him -into new fields, but Father Hennepin was detailed to investigate that part of the world now known as the State of Ohio. The records assert that he published a volume containing an account of his observations "in the country between New Mexico and the frozen ocean," in 1684, together with maps of Lakes Erie, Huron and Michigan, and a plat of the larger streams in Ohio.

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Apparently, the French more speedily comprehended the value of their advantages in the New World than the English, and vigorously inaugurated and sustained commercial and religious projects. They were essentially benefited by the mediation of the Catholic priests between settlers and Indians, this really earnest class everywhere ingratiating themselves with the savages. The Order of Jesuits were very vigorous, and representatives were stationed at every trading-post, village and settlement. The English colonists engaged mostly in agriculture, while the French took a lively interest in the fur trade with the natives, probably from their former settlement in Quebec and thereabouts, where the climate is advantageous for this business. This added to the influence of the priests, and the natural assimilation of French and the Indians, through the tact and amiability of the former, the French possessions gained more rapidly than the English or Spanish. They courted their daughter's and married them. They engaged in feasts and trades, and took advantage of those unimpeded times to extend their dominion with surprising celerity. A chain of trading, missionary and military posts extended from New Orleans to Quebec, by way of the Mississippi and Illinois, Rivers, thence via Mackinaw and Detroit to Lakes Erie and Ontario. This route was shortened thereafter by following the Ohio River to the Wabash, following the latter upward, and down the Maumee to Lake Erie.

About the same time, and to check the advancement of the French, the Ohio Company was formed by the English. This was an outgrowth of the contest between these two nations for the ascendency, whether empire, settlement or individual. After thirty years' peace between these two nations, "King George's War" opened the campaign in 1744, but terminated in 1748, the treaty at Aix-Ia-Chapelle unfortunately omitting a settlement of any division of claims in America. The English, French and Spanish were the first to enter America, and the right of possession by each monarch or empire was held by right of a first discovery. The only right that England could advance regarding Ohio was that the portion of the Six Nations found in the Ohio Valley had placed some of their lands under British jurisdiction, and that other portions had been purchased at Lancaster, Penn., by means of a treaty with the same nations. All this was strenuously denied and ignored by the French. Thus several conflicting influences swept carnage over fair Ohio. The Indians were allied to one side and the other, and were against each other. The Indians and French would advance against the English, and they, in retaliation, would make a raid into the Indian territory and overcome a French settlement. Whenever they could as well, Indians would take the cause in their own keeping and fight each other. The wide, verdant fields of Ohio were drenched ghastly red under a glowing sun, and the great forests echoed moans from the dying and distressed. The English colonists had partially overcome their deprivation, caused by a struggle for subsistence, and means to guard against the savages--this distress augmented by campaigns against Canada-by their

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increased numbers and wealth, but were now alarmed by the French rule in America, which gained so rapidly, unmolested as it was by Indian raids and other devastating circumstances. A constant conflict was going on between Lake Erie and the Upper Ohio. Atrocities and massacres were committed indiscriminately, which opened the way for a desperate class of marauders and villains from the colonies and European States. These people enlisted with the Indians on either side for the purpose of leadership and plunder. Every fortification, trading-post and settlement was garrisoned or deserted, and the ground between the Alleghanies and the Maumee became a conflict field, rife with thrilling deeds, sacrifice and adventures, the half never having been chronicled, and many heroes falling uncrowned by even a lasting memory, since during these times the people kept few annals, and cared less for historical memories than anything on earth. They were living, and dying, and struggling. and that was more than they could carry through safely. The French formed a road from the Ohio River to Detroit, via the foot of the Lower Rapids of the Maumee, and the foot of the Lower Rapids of the Sandusky.

The Ohio Company obtained a charter under English views, from the British Government, with a grant of 6,000 acres of land on the Ohio. The English now reverted to the times of the Cabots, and protested that by right they held the entire country between the Atlantic and Pacific Oceans, bounded by those parallels of latitude defining their Atlantic coast settlements. France claimed the region drained by the Mississippi and tributaries, the great lakes and their tributaries, the area being west of the Alleghanies. Ohio was thus included in the disputed tract.

The Ohio Company was formed in 1748, by a number of Virginians and Londoners, two brothers of George Washington taking conspicuous parts in the movement; Thomas Lee was especially active. When the surveys were begun, the Governor of Canada entered vigorous protests, and indicated his displeasure by a prompt line of posts from Erie to Pittsburgh, named respectively, Presque Isle, Le Boeuf, Vedango, Kittaning and Du Quesne. The latter was begun by the English, captured by the French, and by them completed.

The first English settlement of which we can find traces was a block-house at Piqua, about the year 1752. It was attacked, and a bitter struggle ensued, resulting in the death of fourteen of the assailants. Those within the garrison suffered severely, many being burned, and the remainder captured and dispatched to Canada.

In 1753, the French and Indian war actively began. It did not extend beyond the American continent until 1756, when the home governments took an interest in its progress beyond encouraging their respective colonists to pursue the war-path to a direful finale for their adversaries. For four years, the French captured and conquered, spreading terror wherever they went, and they followed every Englishman that set his foot on Ohio soil to the death.

We may state that these people had not retained their civilized habits, and

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constant association with savages had embued them with barbarous methods of warfare which were sickening and revolting to the English, and to which they could not resort. It is highly probable that French success was vastly brought about by these means, together with the assistance of their Indian allies. In 1758, when the English hope was almost exterminated, the elder Pitt being placed at the head of the administration, a new and energetic system was inaugurated, wise measures instituted, and military science triumphed over savage cunning and French intrigue. The first brilliant English achievement was the conquest of Canada. When the home governments interfered, the war assumed the character of a French and English conflict, regardless of Indian right, yet the tribes continued to participate in the carnage.

A certain Christian, Frederick Post, a Moravian missionary, located upon the Muskingum, near Beavertown. Heckewelder consented to become his associate. The Indians receiving' them kindly, under conditions that Post should serve as tutor, this missionary began clearing a field for the Purpose of planting corn for sustenance. This did not accord with Indian logic. They had stipulated that he teach and he was planting corn, which to them was a signal of the coming of other whites, the building of a fort and encroachment's upon the Indians. They referred to the French priests, who were in good physical condition, did not till land, but were in charge of the Great Spirit who provided for them, a conclusive proof to them that when divine work was acceptable to the Great Spirit, priests were somehow sustained by other than the plans which disturbed their great hunting-grounds. However, they allowed him a small space, and he remained with them, preaching and teaching during the summer of 1762, when, accompanied by one of the principal chiefs, he returned to Lancaster, Penn., where a treaty was concluded. On his return to his post, he was met by Heckewelder, who imparted the tidings that friendly Indians had warned him that the war was about to sweep over their section, and destruction awaited them. if they remained. The mission was accordingly abandoned. This failure was not so bitter as the English effort to sustain their trading-post in 1749, on the Great Miami, afterward called Laramie's store. It pursued a feeble existence until 1752, when a French raid upon the Twigtwees and English colonists proved fatal.

A European treaty now excluded the French from any rights to make treaties with the Indians, and the English, in their flush of victor,., 'ter Pitt's succession, assumed the authority over Indians and lands. The natives did not accept the situation with anything resembling the gentle spirit of resignation , and the Ottawa chief, Pontiac, led the several tribes into a genera, war against the intruders. It was no longer French and English, but Indian and English, the former being instigated and assisted many times by the French, now desperate and unscrupulous in a mad spirit for revenge.

The intention of the Indians was to drive the whites east of the mountains, destroying their numerous strongholds in Pennsylvania and Virginia, if they

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failed in their hope of utterly exterminating them. Pontiac had effected a consolidation of the tribes ranging from Mackinaw to North Carolina, thus being enabled to swoop down upon all the settlements simultaneously. A deadly beginning was made in the Ohio Valley, and only two or three English traders escaped out of the one hundred and twenty located in that vicinity. The forts at Presque Isle, St. Joseph and Mackinaw, were captured amid scenes of slaughter too terrible to perpetuate in description. The years 1763 and 1764 were literally drenched in human carnage and anguish. Ohio was a great field of crime, murder, pain and horror. The expeditions of Bradstreet and Bouquet crushed the way in 1764, and Pontiac with his Ottawas removed to the Maumee and settled. English settlement now progressed with great rapidity, but this was destined to be disturbed in 1774, by the action of Lord Dunmore, who led an expedition against the tribes of the Ohio country terminated by his treaty on the Scioto plains. At this period, the colonists were not in strict harmony with England, and the spirit of revolution was spreading every day.

When Lord Dunmore made his treaty, the affirmation was made and gained ground that he, being a thorough loyalist, had compromised under such terms as held the Indians British allies against the settlers. Directly following this treaty, was the deliberate murder of a number of Indians, near Wheeling, including the family of the great chief, Logan-which inaugurated retaliating atrocities.

In the year 1781, April 16, the first white child was born within the present limits of Ohio, and was christened Mary Heckewelder, daughter of a Mora, vian missionary. All the settlers of these Moravian towns on the Muskingum were made prisoners in September of the same year. Heckwelder was transported to Detroit, but English tyranny failed to find any evidence against him or his colaborers, and they were reluctantly released, and returned to their families in Sandusky. Poverty added to their sufferings, and in the forlorn hope of finding a remnant of their property at the old settlements, which might assist in mitigating their necessities, they wearily went thitherward. They began gathering their grain, but the Wyandots attacked them, and many lives were lost. Frontiersmen had also grown jealous of them, and a body of about ninety marched out together, for the fiendish Purpose of pillaging, slaughtering and laying waste all Moravian towns and posts. With the wily insidiousness of savages, they went about their diabolical plan. The Moravians were cordial and bade this band welcome, when they reached their towns in the guise of friendship. Williamson, the leader, and the gleaners, were called from the fields, when, to the dismay of these trusting and frank people, they were all bound, and only fifteen out of the marauding band of ninety were in favor of even sparing the lives of these hapless men, women and children. Forty men, twenty-two women and thirty-four children were then cruelly and heartlessly murdered, their sufferings laughed to scorn, and the last sound that fell on their

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ears was exultant derision. It would seem that whatever the Indians left undone, in the way of horror, in the State of Ohio, the whites improved upon, and blackened the pages of American history with deeds of blood. Succeeding this barbarity, was the expedition against Moravian Indian towns, upon the Sandusky. Not an Indian, whether an enemy or friend, old or young, male or female, was to escape the assault, including an extermination of the Moravian element.

Col. William Crawford led the expedition, which counted 500 men, in their dastardly work. Warning had in some, manner reached the towns, and the troops found them deserted. But the Indians were incensed, and their wrath had not driven them to hiding-places, but to a preparation to meet their foes. They fought desperately, and Crawford's troops were defeated and scattered, many being captured, and among them, Col. Crawford himself. It is hardly probable that Crawford could justly expect much mercy at the hands of his captors. His battle-cry had been "no quarter," and yet he evidently hoped for some consideration, as he requested an interview with Simon Girty, who lived with and influenced the Indians. Accounts state that Crawford implored the aid of Girty, and at last secured a promise to use his power to obtain the Colonel's pardon. However, this was of no avail, and it is doubtful whether Girty was disposed to intercede. The prisoners were tortured and put to death, and Crawford's agonies were protracted as long as possible. Dr. Knight managed to disable the Indian who had him in charge, and made his escape to the settlements, where he related the result of the expedition and the tortures of the captured.

On October 27, 1784, a treaty was concluded, at Fort Stanwix, with the sachems and warriors of the Mohawks, Onondagas, Senecas, Cayugas, Oneidas and Tuscarawas, and the Six Nations then ceded to the Colonial Government all claims to the country west of a line defined by the western boundary to the Ohio thus rendering the Indian claim to a large portion of Ohio lands practically extinct.

Although the French and Indian war was a series of heart-rending events, it was a serious and remarkable school of discipline for the untrained troops which soon engaged in the Revolutionary struggle. On the fields of Ohio, many valuable officers, who earned distinction in the war of independence, learned their first lessons in intrepid valor.

During the Revolution, the colonial troops were engaged east of the moun tains, and western settlements and frontier people were left alone to defend themselves and their property against encroachments and attacks.

The Indian tribes again became belligerent, and united with the English against the "Americans." The latter held a line of posts along the Upper Ohio, while the British were stationed in the old French strongholds on' the lakes and the Mississippi. The unscrupulous whites and Indians ranged at random between this boundary and the Cuyahoga, thence southerly to the Ohio,

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thus including the Scioto and Miami Valleys. Southeastern Ohio constituted "the neutral ground."

Gen. Clarke's expedition, although chiefly confined to Indiana and Illinois, greatly influenced the settlement of Ohio. His exploits and the resolution of his troops were chiefly instrumental in holding the country west of the Alleghanies, and insuring its possession by the United States during the Revolution. The British had been emphatic, in the Paris treaty, at the time of the settlement of the French and English difficulties, in demanding the Ohio River as the northern boundary of the United States. The American Commissioners relied upon Gen. Clarke's valor and energy in holding the country west of the Alleghanies, which he had conquered, and the British Commissioners were compelled to give their consent, under civil and military measures. In 1783, by the treaty of Paris, at the close of the Revolutionary war, the English relinquished all rights to the fertile territory between the Alleghanies and the Mississippi, and the United States held undisputed possession.

January 10, 1786, Gens. Rufus Putnam and Benjamin Tupper circulated a pamphlet, proposing the formation of a company for the purpose of settling the Ohio lands, and soliciting the attention and consideration of all those desiring a future home and prosperity. A meeting was also called, to assemble during the following February, and select delegates to represent each county in Massachusetts. These dignitaries should convene during the month of March, at the "Bunch of Grapes" tavern, in Boston, for the purpose of definitely forming the association, and adopting such measures as would benefit all directly interested. The meeting and "convention " followed, and the subscription books were opened. One million dollars, chiefly represented by Continental certificates, was the price of the land. The shares were valued at $1,000 each, and there was a division of a thousand shares. The first payment was to be $10 per share, this money to be set aside for such expenses as might accrue. A year's interest was to be devoted to the establishment of the settlement, and those families who were unable to incur the expense of moving were to be assisted. Those who purchased shares to the number of twenty were entitled to a representation by an agent, who was permitted to vote for Directors. This plan matured and was acted upon during the following year. It may be that the action of Connecticut, in ceding her territorial claims to the General Government, with few exceptions, greatly encouraged this new undertaking. That tract was, until recently, designated the "Western Reserve "an extent 170 miles from the western boundary of Pennsylvania, and parallel thereto, being reserved.

On October 27, 1787, a contract was made between the Board of the Treasury, for the United States, and Manasseh Cutler and Winthrop Sargent, agents for the Directors of the New England Ohio Company, for the purchase of a tract of land, bounded by the Ohio, and from the mouth of the Scioto to the intersection of the western boundary of the seventh townships, then surveying; thence by said boundary to the northern boundary of the tenth township from

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the Ohio; thence, by a clue west line, to the Scioto; thence, by the Scioto, to the beginning.

However fertile and attractive Ohio was known to have been, settlement did not gain rapidly after the close of the wax with England, although the United States has gained her freedom. It was more than six years after Cornwallis laid down his sword, before a white settlement was formed on the Ohio side of the river. The French and Indian war had incited the English to be jealous of her colonial conquests, and mistrusting their loyalty, they had, so soon as the French claims were annulled, taken measures to crush all colonial claims also, and a royal proclamation rescinded all colonial land grants and charters, holding all the country west of the sources of the Atlantic rivers under the protection and sovereignty of the king of Great Britain, for the use of the Indians. All white persons were forbidden to remain or settle within the prescribed limits. Parliament then attached this tract to Quebec, and the English Government felt assured that the thirteen colonies were restricted and held secure east of the Alleghenies.

The result of the war between the colonies and England did not constitute an Indian treaty. Although England signed over her title and right, the sava ges held the land and ignored all white agreements, one way or the other. Whenever an attempt at settlement was undertaken, Indian depredations proved disastrous. The tribes were encouraged by the English fur traders, and the English commandant at Detroit incited them to destroy all Americans who attempted to usurp the rights of red men.

Added to this serious difficulty was the unsettled debate regarding State claims, which rendered a title precarious. A treaty, signed at Fort McIntosh, previous to the war, and authenticated, shows that during the conflict the Delawares and Wyandots occupied the Indian and British frontier, on the southern shore of Lake Erie, from the Cuyahoga to the Maumee, and from the lake to the sources of its tributaries. Later, these two tribes ceded to the United States "the neutral ground," by warranty deed, and by quit-claim, the territory south and west of the described tract, set apart for their use.

By special measures, the grant of Congress in the matter of the Ohio Company extended to nearly 5,000,000 acres, valued at $3,500,000. The original Ohio Company obtained 1,500,000 acres, the remaining being reserved by individuals, for private speculation.

The same year, Congress appointed Arthur St. Clair, Governor, and Winthrop Sargent, Secretary, of the Territory.

Fort Harmar had previously been built, at the mouth of the Muskingum, and in 1788, a New England colony attempted the "Muskingum settlement," on the opposite side, which was afterward named Marietta. In July, 1788, the Territorial officers were received in this village, and there established the first form of civil government, as set forth in the Ordinance of 1787. Three United States Judges were appointed, and Courts of Common Pleas, Probate and Justice were established.

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If the stormy times were supposed to be of the past, that, composure was rudely broken by the utter disregard of the Shawnee and other Indian tribes, who soon induced the Delawares and Wyandots to repudiate their consent in the matter of settlement. The miseries of frontier horrors were repeated. The British commandant at Detroit instigated many of these hostilities, yet the American Government took honorable action in assuring the English representative that American military preparations in the West was not an expedition against Detroit, or other British possessions, although the possession of Detroit by that nation was in direct opposition to the treaty of 1783. Gov. St. Clair, to avert the direful consequences of a border war, dispatched a Frenchman, Gameline, to the principal Indian towns of the Wabash and Maumee countries, to request them to meet the United States agents, and make a compromise for the benefit of both parties, at the same time reiterating the desire of the General Government to adhere to the Fort Harmar treaty. The Miamis, Shawnees, Ottawas, Kickapoos and Delawares received this representative kindly, but declined the wampum sent by the Governor, and deferred giving an' answer until they had considered the subject with the "father at Detroit."

Blue Jacket, chief of the Shawnees, informed the Frenchman that the Indiana doubted the sincerity of the Americans. The new settlement on the Ohio was a proof that the whites intended to crowd further and further, until the Indians were again and again robbed of their just right. He then emphatically asserted that unless the north side of the river was kept free from these inroads there could be no terms of peace with the Shawnees, and many other tribes.

Blue Jacket was unusually intelligent and sagacious, and expressed himself eloquently. He was persistent in his determination to engage in the war of extermination, should the white settlements continue north of the Ohio.

'These overtures were continued, but they failed in producing any arrangement that permitted the whites to locate north of the Ohio.

Congress called upon Kentucky and Pennsylvania to lend the aid of their militia. Gen. Harmar was instructed to destroy the Miami villages at the head of the Maumee. Late in the fall of 1790, he executed this order.

The Indians had stored a large quantity of provisions, in expectation of a campaign, and this dependence was devastated. Without authority, and with undue carelessness, he divided his army and attempted to achieve other victories. He more than lost what he had gained. Two raids upon the Wabash Indians, thereafter, proved successful, but the campaign under Gov. St. Clair was not calculated to establish peace or obtain power, and was deemed but little less than a failure.

The year 1792 was a series of skirmishes, so far as a settlement was concerned, but 1793 succeeded well enough to convene a meeting of United States Commissioners and representatives of the hostile tribes, at the rapids of the Maumee. It is highly probable that a satisfactory treaty might have been arranged, had it not been for the intervention and malicious influence of the

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British Superintendent of Indian Affairs, Col. McKee, his assistant Capt. Elliott, and the notorious Capt. Simon Girty, who instigated the savages to deeds more horrible than their own barbarisms.

It was evident that a severe struggle must ensue, and Capt. Wayne, in 1792, appointed to the command of the Western army, was called upon to conduct the campaign. He exhibited his wisdom in the beginning, by preparing his men in military discipline and fully equipping them before marching to meet a savage foe in a wilderness. Various causes detained the army, and it was not until the fall of 1793, that the force marched from Fort Washington (Cincinnati) to begin the battle.

It was already late in the season, and, before any progress had been made, the army went into winter quarters at Greenville, on a branch of the Big Miami.

In the mean time, the Ohio Company had not matured its practical "settlement plan," although a generous grant had been obtained. In 1792, they received a clear title to 750,000 acres of land, for which the full price had previously been paid, in Continental currency. Congress set aside 214,285 acres as army bounties, and 100,000 acres to actual settlers. The two latter appropriations joined that of the Ohio Company.

There had been numerous conventions, discussions and other fruitless attempts to somehow form a plan for the government of the Northwest Territory, but it was not until July 13, 1787, that an ordinance was passed, and that was the result of Dr. Cutler's efforts. Every State sustained its measures.

This ordinance was the foundation of the constitution of the future State of Ohio, and indeed, permeates the entire Northwestern creed.

ORDINANCE OF 1787.-No. 82.

AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES, NORTHWEST OF THE OHIO RIVER.

Be it ordained by the United States in Congress assembled, That the said Territory, for the purpose of government, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of, Congress, make it expedient.

Be it ordained by the authority aforesaid, That the estates of both resident and non-resident proprietors in the old Territory, dying intestate, shall descend to and be distributed among their children and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them. And when there shall be no children or descendants, then in equal parts to the next of kin in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate "I have, in equal parts among them, their deceased parent's share; and there shall in no ewe be a distribution between kindred -of the whole and half blood, saving in all cam to the widow of intestate, her third part of the real estate, for life, and one-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the Legislature of the district. And until the Governor and Judges shall adopt laws as hereinafter mentioned, estates in said Territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by three witnesses; and real estate may be conveyed by lease and release, or bargain and sale, signed and soled, and delivered by the person (being in full age) in whom the estate may be, and attested

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by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved and be recorded within one year after proper magistrates, courts and registers shall be appointed for that purpose. And personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants and other settlers of the Kaskaskias, St. Vincent's and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.

Be it ordained by the authority aforesaid, That there shall be appointed from time to time, by Congress, a Governor whose commission shall continue in force for a term of three years, unless sooner revoked by Congress. He shall reside in the district and have a freehold estate therein, of a thousand acres of land while in the exercise of his office.

There shall be appointed from time to time by Congress, a Secretary whose commission shall continue in force for two years, unless sooner revoked. He shall reside in the district, and shall have a freehold estate therein in 500 acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the sets and laws pawed by the Legislature, and the public records of the district, and the proceedings of the Governor in his executive department, and transmit authentic copies of such sets and proceedings every six months, to the Secretary of Congress. There shall also be appointed a court to consist of three Judges, any two of whom to form a court, who shall have a common law jurisdiction and shall reside in the district and have each therein a freehold estate in 500 acres of land, while in the exercise of their office, and their commissions shall continue in force during good behavior.

The Governor and Judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and beat suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved by Congress. But afterward, the Legislature shall have authority to alter them, as they shall think fit.

The Governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same, below the rank of general officers. Ali general officers shall be appointed and commissioned by Congress.

Previous to the organization of the General Assembly, the Governor shall appoint such magistrates and other civil officers in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said Assembly, but all magistrates and other civil officers not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the Governor.

For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal or civil, the Governor shall make proper divisions thereof, and he shall proceed from time to time as circumstances may require, to ley out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the Legislature. So soon as there shall be 5,000 free male inhabitants of full age in the district, upon giving proof thereof to the Governor, they shall receive authority with time and place, to elect representatives from their counties or townships, to represent them in the General Assembly. Provided, That for every 500 free male inhabitants, there shall be one representative, and so on progressively with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five. After which, the number shall be regulated by the Legislature. Provided, That no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years, and in either case, shall likewise hold in his own right in fee simple 200 acres of land within the same.

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Provided, Also, that a freehold in 50 acres of land in the district, having been a citizen of one of the States, and being a resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative.

The representatives thus elected, shall serve for the term of two years. And in case of the death of a representative or removal from office, the Governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term.

The General Assembly or Legislature shall consist of the Governor, Legislative Council, and a House of Representatives. The Legislative Council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum. And the members of the Council shall be nominated and appointed in the following manner, to wit:

As soon as representatives shall be elected, the Governor shall appoint a time and place for them to meet together, and when met, they shall nominate ten persons, residents in the district, and each person in a freehold in 500 acres of land, and return their names to Congress, five of whom Congress shall appoint and commission as aforesaid. And whenever a vacancy shall happen in the Council by death or removal from office, the House of Representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the members of the Council, the said House shall nominate ten persons qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the Council five years, unless sooner removed. And the Governor, Legislative Council and House of Representatives shall have authority to make laws in all cases, for the good government of the district, not repugnant to the principles and articles in this Ordinance, established and declared.

And all bills having passed by a majority in the House, and by a majority in the Council, shall be referred to the Governor for his assent. But no bill or legislative act whatever, shall be of any force without his assent. The Governor shall have power to convene, prorogue and dissolve the General Assembly, when in his opinion it shall be expedient.

The Governor, Judges, Legislative Council, Secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office. The Governor before the President of Congress, and all other officers before the Governor.

As soon as a Legislature shall be formed in the district, the Council and House assembled in one room, shall have authority by joint ballot to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government.

And for extending the fundamental principles of civil and religious liberty, which forms the basis whereon these republics, their laws and constitutions, are created; to fix and establish those principles as the basis of all laws, constitutions and governments, which forever hereafter shall be formed in said Territory. To provide for the establishment of States, and permanent governments therein, and for their admission to a share in the Federal Council on an equal footing with the original States, at as early periods as may be consistent with the general interest.

It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people, and States in sad Territory, and forever remain unaltered unless by common consent, to wit:

ARTICLE II. The inhabitants of said Territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the Legislature, and of judicial procedure according to the course of common law. All persons shall be bailable, except for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unreasonable punishment shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land. And should the public exigencies make it necessary for the common preservation, to take any person's property, or to demand his particular services, full compensation

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shall be made for the same. And in the just preservation of rights and property, it is understood and declared that no law aught ever to be made or have force in the said Territory, that shall in any manner whatever interfere with or effect private contracts or engagements bona fide and without fraud, previously formed.

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

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

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

ART. VI. There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted. Provided always, That any person escaping into the same from whom labor or service is lawfully

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claimed in one of the original States, each fugitive may be lawfully claimed and conveyed to the person claiming his or her labor or services as aforesaid.

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

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

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

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

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

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

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

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

John Cleves Symmes had contracted for 2,000,000 acres of land, and succeeded in obtaining his grant, but circumstances prevented him from meeting his part of the obligations, and the specification was reduced to 1,000,000. After vain attempt to make his payments, a settlement was finally effected for 248,540 acres, and Symmes was prepared to dispose of clear titles to new-comers. In 1788, a town was established within the boundaries of his grant, at the mouth of the little Miami, known as Columbia, and in the early part of 1787 another was formed opposite the mouth of the Licking River, by name Losantiville, analyzed by a frontier scholar-ville, the town ; anti, opposite to; os, the mouth of; L, Licking.

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

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

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

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

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

The Commissioners came from Detroit, and assembled at Capt. Matthew Elliot's house, at the mouth of the Detroit River.

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

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

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

Early in the year 1794, Lord Dorchester addressed the Commissioners in behalf of the English. Even at this time, Gen. Wayne, to avoid the terrors of a great war, again made overtures of peace, dispatching Freeman, Trueman and Hardin, all initiated in savage tactics. on errands of mercy-and the three men

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were inhumanly murdered. The English went so far as to order Gov. Simcoe to erect a fort, in April, 1794, on the Rapids of the Maumee, thus rousing the Indiana by a bold proof that they had espoused their cause. In May, the Spanish, who were ever jealous of colonial encroachments, were willing to aid. in a general raid against the Americans.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In other parts of the State, the population was rapidly increasing. In May, 1795, the Legislature authorized a committee to institute measures for the

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disposal of their Western lands.. The Virginia and Connecticut Reservations required some action on the part of Government, inasmuch as ceding a portion and re-selling had in a measure disturbed free titles. Fifty-six persons negotiated and purchased lands, receiving quit-claim titles and entire rights. They re-sold to John Morgan and John Caldwell and Jonathan Bruce, in trust. Thus 3,000,000 acres were prepared for settlement. Upon the quit-claim deeds of these representatives, the full title of lands included within the old Western Reserve rests.

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

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

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

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

Along the Muskingum, Scioto and Miami, towns began to spring up, which might perhaps better be termed farming settlements.

Cincinnati was increasing, and in 1796, had reached 100 cabins, 15 frame houses and 600 persons, with prospects for a firm future.

The Virginia Military Land District was between the Little Miami and Scioto, and was rapidly increasing, in population.

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

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

118 - HISTORY OF THE STATE OF OHIO.

in Kentucky. The year following, the United States mail was taken over this route.

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

In 1800, Chillicothe was denominated the seat of the Territorial government, and the first stone edifice in the State was begun in this town, soon after this appointment. About this time, a serious difficulty suddenly occurred to those individuals who had taken lands on the Western Reserve of Connecticut. That Eastern power had, it is true, ceded a part of her claim to the General Government, and had stipulated for the sale of certain other tracts. At the same time, the State had not signed away her jurisdiction over some sections of her claim, and those unfortunate people in and about Dayton found themselves without any government upon which they might depend in a case of emergency. The matter was, accordingly, presented to the Territorial government, which interceded with the Eastern State, and, sanctioned by the Assembly at Congress, Connecticut relinquished her jurisdiction in 1800.

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

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

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

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

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

An effort was then made to take a census, but any action on this subject was postponed until the next session.

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

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

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

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

Edward Tiffin, President and Representative from Ross County.

Adams County-Joseph Darlington, Israel Donalson, Thomas Vinker.

Belmont County--James Caldwell and Elijah Woods.

Clermont County-Philip Gatch and James Sargent.

Fairfield County-Henry Abrams and Emanuel Carpenter.

Hamilton County-John W. Brown, Charles Willing Byrd, Francis Dunlavy, William Goforth, John Gitchel, Jeremiah Morrow, John Paul, John Riley, John Smith and John Wilson.

Jefferson County-Rudolph Blair, George Humphry, John Milligan, Nathan Updegraff and Bezaleel Wells.

Ross County-Michael Baldwin, James Grubb, Nathaniel Massie and F. Worthington.

Washington County-Ephraim Cutler, Benjamin Ives Gilman, John McIntyre and Rufus Putnam.

Thomas Scott, Secretary.

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

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

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

Accordingly, thirty-six sections, west of the Great Miami, were selected, and are now held by the Miami University.

Gov. St. Clair, notwithstanding his unpopularity, was re-appointed.

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

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

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

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

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

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

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

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

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

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

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

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

As early as 1808, there was a mail communication for the people on the Lower Maumee, many days elapsing between the arrivals and departures of

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the same, however. Horace Gunn was the carrier. Benoni Adams brought the news from Cleveland to the same point, his trip requiring a fortnight. It must be remembered that this journey was mostly made on foot. The Black Swamp could not be traversed in any other manner.

THE WAR OF 1812.

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

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

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

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

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

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

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

Hull was evidently actuated in his succeeding disgraceful failures by two fears-lack of confidence in the ability of his troops, and the belief that they might desert him in action. He proclaimed freedom, and a necessity of submitting to the Canadians under existing circumstances. He held out inducements to the British regulars to desert their cause and essayed to pacify the savages, but he accomplished nothing beyond jeopardizing the American cause

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and disgracing his army. His men became restless. Col. Miller and Col. Cass were delighted when detailed on scouting expeditions, and did not hesitate to attack advancing squads of the enemy. At last, an attack was made on the Niagara frontier, and Hull speedily abandoned his project and collected his forces at Detroit.

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

Gen. Brock, however, reached Malden on the 13th of August, 1812, and began war preparations.

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

Gen. Brock appeared at Sandwich and began to erect batteries, which Hull would not allow to be molested. The result was, that on the 26th of August Detroit was surrendered to the enemy, and not a blow had been struck in its defense.

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

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

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

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

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

124 - HISTORY OF THE STATE OF OHIO.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Perry hoisted the Union Jack. A general preparation was made for the conflict. An ominous silence settled over all as the fleets approached. A bugle sounded on the enemy's ship Detroit, and a furious fire was opened upon

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the Lawrence. The frightful and desperate battle that ensued is so familiar that it is not necessary for us to repeat its details. It forever remains in history as a prominent, desperate struggle that turned the tide most decisively in favor of the Americans. Hand to hand, for three hours, this furious struggle surged, resulting in a pronounced victory for the Americans.

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

Gen. Harrison now made preparations to follow Proctor, and reached Malden on the 27th of September.

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

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

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

In 1815, a town was founded near Fort Meigs, and, in 1816, Gen. John E. Hunt and Judge Robert A. Forsythe located at Maumee.

BANKING.

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

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

Osborn being counseled not to appear on the day designated in the writ, an injunction was obtained, with the security given in the shape of bonds from the bank, to the amount of $100,000. On the 14th of September, the bank sent a commissioner to Columbus, who served upon the Auditor a copy of the petition

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for the injunction, and a subpoena to make an appearance before the court on the first Monday in the following January. Osborn submitted both the petition and the injunction to the Secretary of State, with his warrant for collecting the tax. Legally, the matter was somewhat complicated.

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

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

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

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

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

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

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

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

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

128 - HISTORY OF THE STATE OF OHIO.

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

THE CANAL SYSTEM.

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

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

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

The surveys were made, and estimates given of the expenses, which documents were laid before the Legislature at several sessions.

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

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

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

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and all laid themselves liable to the State laws, which made the despoiling of public works a penitentiary offense.

The matter was taken up by the courts, but a grand jury could not be found in Mercer County to find a bill of indictment.

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

OHIO LAND TRACTS.

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

1. Congress Lands. 8. Symmes' Purchase. 15. Maumee Road

2. United States Military. 9. Refugee Tract. 16. School lands.

3 Virginia Military. 10. French Grant. 17. College Lands.

4. Western Reserve. 11. Dohrman's Grant. 18. Ministerial Lands.

5. Fire Lands. 12. Zane's Grant. 19. Moravian Lands.

6. Ohio Company's Purchase. 13. Canal Lands. 20. Salt Sections.

7. Donation Tract. 14. Turnpike Lands.

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

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

It will be remembered, that on account of discoveries by subjects of empires, in the New World, the "Old World " kings laid claim to different portions

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of the young continent. At that period, European knowledge of American geographical positions and limits was exceedingly meager. which occasioned several wars and more discussions. These Old-World sovereigns also assumed the authority to sell or present tracts of land to their subjects, in those territories they deemed their own.

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

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

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

The Ohio Company's Purchase has already been described-as has the Symmes Purchase.

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

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

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families that lost their claims at Gallipolis, through invalid titles 1,200 acres were added, after the above grant of 1795.

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

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

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

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

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

"The Ohio Canal Lands " comprise about 1,000,000 acres, set aside for the purpose of canal construction.

When Ohio was admitted to the Union, a guarantee was given that the State should not tax Government lands until they should have been sold for five years. That the thirty-sixth part of all territory within the State limits should be devoted to educational purposes, for the general benefit of the population. In

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order to secure tracts which would prove available, and thus insure returns, they were selected in small lots. No. 16 was designated as the sectional portion, in each township of Congress lands, the Ohio Company's and Symmes Purchases, the United States Military Lands, the Connecticut Reserve, and a number of quarter townships. These school lands were selected by the Secretary of the Treasury.

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

IMPROVEMENTS.

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

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

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

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

Railway transportation was a subject which engrossed the attention of those interested in State perpetuity and general prosperity. About the year 1831, the Legislature received applications for railway charters. The first one granted was the " Cincinnati, Sandusky & Cleveland Railroad," on June 5, 1832. The "Sandusky, Mansfield & Newark Railroad " obtained a charter in 1836, March 11, followed,

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three days thereafter, by the "Cleveland, Columbus & Cincinnati Railroad." The "Little Miami " was begun in 1837. Notwithstanding these chartered rights, but 129 miles were completed in 1847, and in operation. In 1878, the mileage had increased to 6,264. The valuation of the operating roads was estimated the same year, at $76,113,500. Their taxation summed up $1,128,116.

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

An act was then passed to tax all real property one-half mill per dollar for the establishment of schools in each township, and the support of the same. An act of 1829, increased the tax to three-fourths of a mill. Trustees of townships were instructed to make divisions and locate convenient school districts. Householders were to elect three school directors, a clerk and treasurer annually. Privileges and restrictions were enjoined in all cases. The householders were allowed their discretion, governed accordingly, in imposing taxes for the erection of school buildings. The Courts of the Common Pleas appointed a committee to examine the qualifications of those individuals making application for the position of teachers. The school extended equal privileges to all white children. Those of colored parentage were excluded, and no tax was levied for school purposes upon colored parents. An amendment has admitted the children of colored parents. The system has continued the same, with a few amendments. A State Commissioner of Common Schools is elected every third year, who has general charge of the interests of public schools. A State Board of Examiners, composed of three persons, appointed by the State Commissioner, for two years' term, is authorized to issue life certificates of high qualifications, to such teachers as it may find to possess the requisite scholarship, character, experience and ability. These certificates, signed by the Commissioner, are valid throughout the State. A County Board of Examiners, of three members, is formed in each county. Boards of education, for cities, are made up of one or two me