CHAPTER IX.

EXTENSION OF THE FIRST WHITE SETTLEMENTS ACROSS THE OHIO, UNTIL THE CLOSE OF THE INDIAN WARS.--A.D. 1787 To 1794. Argument. Claims of Virginia and other States to "Northwestern Territory" relinquished, with certain Reservations.-"Connecticut Reserve."—Virginia military District." Northwestern Territory" laid off by Ordinance of 1787.-Territorial Government provided.-Partial Occupation by United States.-First Settlement on the Muskingum.-Putnam's Colony, from Connecticut, arrives at Fort Harmar April 17th, 1788.-Character of the Colonists.-Second Colony arrives July 2d.—Celebration of 4th of July in the Wilderness.-First Clergyman, Daniel Story.-Governor St. Clair and territorial Officers arrive.-Territorial Government organized.—" Washington County" laid off-Arrival of Emigrants.-Campus Martius.-Settlements formed at Belpre and Newberry.-Emigration to Kentucky.-Miami Settlements.-Symmes's Purchase on the Miami.-Settlement at Columbia.-Settlement at Cincinnati.-Fort Washington commenced.-Its Form and Dimensions." County of Hamilton" organized. Squire M'Millan.-Colerain Settlement.-Headquarters established at Fort Washington.-"Knox County" organized.-" St. Clair County" organized.-Population of Settlements on Muskingum and Miami in 1790.-Indian Hostilities commence. -Defensive Measures adopted.-Indians exasperated at the unsuccessful Expedi tion of General Harmar.-Destruction of Settlement of Big Bottom, January 28, 1791. -Attack on Wolf Creek Settlement.-Attack on Colerain Station.-Nathaniel Massie settles Manchester, on the Ohio.-French Settlement at Gallipolis, March, 1791. -Fraud of the "Scioto Company."-General St. Clair also unsuccessful.-Indian Audacity and Hostilities increase.-President Washington adopts more energetic Measures with the Indians.-Indian Outrages multiply in 1792.—Cincinnati in 1793. -Its Importance as a military Dépôt.-First Presbyterian Pastor.-Indian Hostilities in 1793.-Martial Law paramount.-First Newspaper in Northwestern Terri tory.-General Wayne takes Command of the Army.-Confidence restored to the western People.-Troops concentrate in the Miami Country.-Advanced Posts established.-Indians defeated and reduced to great Distress.-Settlements again ad

vance.

THE territory lying north and west of the Ohio was claimed partly by the States of Massachusetts, Connecticut, New York, and Virginia. The claim of the first three states was based upon their early royal charters, which left their western boundaries undefined. Virginia claimed under the same title; and she also claimed under another title, which was indisputable, the title of conquest. For the amicable adjustment of these claims, each state consented to relinquish its individual interest to the Federal government, for the common use and benefit of the Union, excepting two principal reservations, one in favor of Connecticut, and another in favor of Virginia, for the purpose of liquidating their respective liabilities to Revolutionary soldiers. The reservation of Connecticut was laid in the northeastern section, embracing that region of the

present State of Ohio lying north of latitude 41° and west of the Pennsylvania line. It was bounded on the north by Lake Erie, and was about one hundred and twenty miles in length from east to west, and its greatest breadth from north to south was about sixty-eight miles. The area comprised, by estimate, three millions of acres, and was known and designated as the "Connecticut Reserve."

Virginia, in relinquishing her claim, reserved the lands lying between the Scioto and Little Miami, to be appropriated to the liquidation of the claims of her Revolutionary soldiers. This reservation was known as the "Virginia Military District." Besides these reservations, Congress appropriated a large amount of the lands to liquidate the claims of Revolutionary soldiers upon the Federal government. This reservation was known as the "United States Military District," and laid upon the east side of the Scioto River. With these reservations, the remainder of the territory was relinquished by the states respectively to the Federal government, as the property of the whole Union, and constituting a territory of the United States, to be subsequently organized into new states when the population should be sufficient.*

[A.D. 1787.] These cessions having been completed, Congress proceeded to establish a territorial form of government for the whole territory, until the increase of population should entitle them to state governments. The jurisdiction of the United States was formally extended over this extensive region, under the provisions of an ordinance of Congress approved July 13th, 1787. This ordinance provided for the subsequent division of the territory into not less than three and not more than five states, agreeably to the stipulations of the compact with Virginia, as a condition of cession.

The following articles in the ordinance were "to remain forever unalterable, unless by common consent:"

"No person shall ever be molested on account of his mode of worship or religious sentiments.

"No law shall be passed that shall in any manner whatever interfere with or affect private interests or engagements, bona fide, and without fraud, previously formed.

The relinquishment by the Legislatures of the several states was in the following order: that of New York, March 1st, 1780; that of Virginia, April 23d, 1784; that of Massachusetts, April 19th, 1785; that of Connecticut, September 13th, 1786.

"The utmost good faith shall always be observed toward the Indians. Their lands and property shall never be taken from them without their consent, unless in just and lawful wars authorized by Congress.

"No tax shall be imposed on lands the property of the United States, and in no case shall non-resident proprietors be taxed higher than resident.

"There shall be formed in the said territory not less than three nor more than five states. And the boundaries of the states, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established.

"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 claimed in any of the original states, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor in service, as aforesaid."

The territory was designated in the ordinance as the "Northwestern Territory," and comprised all the possessions of the United States northwest of the Ohio River. The form of government prescribed by the ordinance consisted of two grades of territorial government prior to the assumption of an independent state government.

The first grade of territorial dependence was to continue until the aggregate number of free white males over twentyone years should amount to five thousand. During this period the jurisdiction was confided to a governor, appointed for three years, a secretary, appointed for four years, and three superior judges, appointed for four years.

Each judge is required to hold two terms of the Superior Court in his district every year, with the jurisdiction of a superior and appellate court. The three judges, or a majority of them, constitute the Supreme Territorial Court, which is required to meet once every year.

The governor, by the ordinance, is invested with authority as commander-in-chief of the militia, and appoints and commissions all officers in the same below the rank of general; he appoints and commissions all magistrates and civil officers for the preservation of the peace; and, with the advice and concurrence of the judges, or a majority of them, "he shall adopt

and publish such laws of the original states, civil and criminal, as may be necessary and best adapted to the circumstances of the district, and report them to Congress from time to time" for their approbation. "He shall lay off counties, and organize such inferior courts" as he may deem requisite.

"The secretary of the territory shall keep and preserve the acts and laws, and the public records of the territory, and the records of the governor in the executive department, and transmit authentic copies of such acts and proceedings every six months to the secretary of Congress." In the absence of the governor, he shall exercise the authority and perform the duties of that officer.

The second grade provides for the election of a Legislative Assembly and a Legislative Council, which, with the concurrence of the governor, shall enact all laws and regulations necessary for the administration of justice.

The Legislative Assembly consists of representatives elected by the legal voters in the proportion of one representative to every five hundred free white males over the age of twentyone years. The representatives, when duly elected, shall have authority to elect and nominate to Congress ten persons, from whom Congress shall select and appoint five as a Legislative Council, of whom any three shall be a quorum.

The Legislative Assembly and the Legislative Council, duly organized in co-operation with the governor, shall constitute the General Assembly, under the second grade of territorial government. The General Assembly shall be vested with all legislative powers for the good government of the territory, and enact such laws as they may deem expedient, not repugnant to the laws and Constitution of the United States. No act of the Legislature shall have the force and sanction of law until it has received the signature of the governor, who shall have power to convene, prorogue, or dissolve the General Assembly when, in his opinion, it may be expedient.

The Legislative Assembly, or House of Representatives, so soon as regularly organized, have power to elect a delegate to Congress, who shall have the right to speak, but not to

vote.

The second grade of government was to continue until the whole population increased to sixty thousand souls; at which time the people, expressing their wishes through the General

Assembly, shall be entitled to the right of an independent state government, under the authority and approbation of Congress.

The Muskingum Settlement.-In the mean time, colonies were organizing on the Atlantic seaboard for the establishment of the first Anglo-American settlements within the Northwestern Territory. Congress had already entered into arrangements with Manasseh Cutler and Winthrop Sargent, agents of the "Ohio Company," for the sale of large bodies of land, to be located on the west side of the Ohio, between the Muskingum and the Hockhocking Rivers. The purchase was made at one dollar per acre, payable in land scrip and other evidences of debt for Revolutionary services.*

The company found no difficulty in procuring emigrants for their contemplated colony. Besides the proprietors, fortyseven in number, there were hundreds of Revolutionary soldiers and officers who were ready to embark for the West, to secure a permanent home and to retrieve their exhausted fortunes.

Yet the whole region west of the Ohio was in the occupancy of Indian tribes, who were jealous of the advance of the white population. Although, by treaties made after the close of the Revolutionary war, they had ceded large bodies of lands in this region, yet they still maintained a hostile attitude, and refused to permit the whites to occupy the lands ceded by former treaties. The only occupancy west of the Ohio was that of two military posts, Fort M'Intosh, at the mouth of Big Beaver, and Fort Harmar, at the mouth of the Muskingum.

Such were the inducements for the New England immigrants. Yet in the autumn of 1787, General Rufus Putnam, a son of the brave General Israel Putnam, and an enterprising pioneer, had already advanced with a colony of forty-seven persons upon the Youghiogeny, to commence the first settlement of the "Northwestern Territory." For nearly eight weeks they had toiled with their families across the mountains,

The "Ohio Company" was formed by a number of officers and soldiers of the Rev. olutionary army, who resolved to emigrate to the West to retrieve their exhausted fortunes in a new country. Many of them had lost their property and estates during the troubles and disasters of the Revolution, and were now advanced in life and involved in debts which their means were insufficient to discharge. Their interest in the increasing value of their lands promised them the means of discharging their liabilities and securing a competence for their families. Many of them held large claims against the government, which they could obtain no other way.