We can at this late day. but faintly
imagine the outlook that presented
itself to the view of the pioneers
and their feelings, when they first
landed upon the borders of the
wilderness in which they were to
make their homes.
Before them lay the boundless wilderness covered with a
dense forest of trees that were in
many places interlaced and festooned
with the wild grape vines, which
also frequently covered the smaller
timber with their closely
intertwined branches that made an
almost impenetrable canopy of green.
Through these forests roamed
countless numbers of ferocious wild
beasts, as well as the savage and
cruel Indian, while beneath his feet
lurked venomous reptiles.
A wilderness of great extent, presenting the virgin
face of nature, unchanged by human
cultivation or art, is one of the
most sublime terrestrial objects
which the Creator ever presented to
the view of man.
One prominent feature, of a wilderness is its .
solitude. Those who plunged into
this forest left behind them not
only the busy hum of men, but
domestic animal life generally. The
parting rays of the sun did not
receive the requiems of the
feathered songsters of the grove,
nor was the dawning of the early
morn, ushered in
by the shrill clarion of the
domestic fowls. The solitude of the
night was interrupted only by the
howl of the wolf, the melancholy
moan of the ill boding owl, or the
shriek of the frightful panther.
Even the faithful dog, the only
steadfast companion of man among the
brute creation, partook of the
silence of the desert; the
discipline of his master forbid him
to bark or move, but in obedience to
his command, and his native
sagacity, soon taught him the
propriety of obedience to this
severe government. The clay was, if
possible, more solitary than the
night. The noise of the wild turkey,
the croaking of the raven, or the
wood-pecker tapping the hollow beech
tree, did not much enliven the
dreary scene. The cravings of hunger
often compelled him from day to day
to sustain the fatigues of the
chase. Eager in the pursuit of his
game his too much excited immagination,
sometimes presented him with the
phantom of the object of his chase,
in a bush, a log, or mossy bank, and
occasioned him to waste a load of
his ammunition, more precious than
gold, on a creature of his own
brain, and he repaid himself the
expense by making, a joke of his
mistake. His situation was not
without its dangers. He did not know
at what tread his foot might be
stung by a serpent, at what moment
ho might be met by the formidable
bear, or if in the evening, he know
not, on what limb of a tree, over
his bead, the murderous panther
might be perched, in a squatting
attitude, to drop down upon, and
tear him to pieces in a moment.
'When watching a deer lick from his
blind at night, the formidable.
panther was often his rival in the
same business, and if by his growl,
or otherwise, the man discovered the
presence of his rival, the lord of
the world always retired as speedily
and secretly as possible, leaving
him the undisturbed possession of
the chance of game for the night.
His situation was perilous in the
extreme. The bite of a serpent, a
broken limb, a wound of any kind, or
sickness without medical skill,
without those accommodations which
wounds and sickness require, was a
dreadful calamity.
ORGANIZATION OF THE TERRITORY
The
United States having secured title
to the "Great Northwest," Congress
soon deemed it advisable to take the
preliminary steps looking to the
permanent establishment of civil
government in the new and extensive
territory of which that body had
just become the legal custodian.
Accordingly, after much mature
deliberation and careful
consideration of the subject, as
well as prolonged discussion of the
important questions involved, they,
on the 13th of July, 1787, gave to
the world the results of their
deliberations in "An ordinance for
the government of the Territory of
the United States north-west of the
river Ohio," which has come to be
best known as "The Ordinance of
'87," sometimes also called "The
Ordinance of Freedom." This
ordinance was the fundamental law.
SECOND GRADE OF
TERRITORIAL GOVERNMENT
The "Ordinance of '87," provided
that
"After it shall have been ascertained that five
thousand from white male inhabitants
actual reside in the Territory, the
second grad of Territorial
government could of right, be
established which provided for a
Legislative council, and also an
____ House of Representatives, the
two composing the law-making power
of the Territory, provided always
that the Governor's assent to their
acts was had. He possessed the
absolute veto power, and no act of
the two houses of the Legislature,
even if passed by a unanimous vote
in each branch, could become a law
without his consent. The
conditions that authorized the
second grade of Territorial
government, however, did not exist
until 1798, and it was not really
put in operation until September,
1799, after the first grade of
government had existed for eleven
years."
EARLY LAWS OF
THE TERRITORY
The first permanent settlement,
being made at Marietta, the first
formal organization of the
government was made at that place
and the first laws for the new
government were promulgated from
here.
The first settlers landed there Apr. 7, 1788, and a
second company came the 1st of Juy
following.
As St. Clair, who had been appointed Governor the
preceding october, had not arrived,
it became necessary to erect a
temporary government for their
internal security, for which
purpose, a set of laws was passed
and published by being nailed to a
tree in the village, and Return
Jonathan Meigs was appointed to
administer them. This was the
first code of written laws ever
adopted in Ohio, though what it was
we are not informed.
Page 12 -
The first legal law was proclaimed July 25, 1788, and
was entitled "An act for regulating
and establishing the militia."
Quite a number of laws were necessarily adopted and
established during 1788 and the
following year. From 1790 to
1795 they published sixty-four,
thirty-four of |
them having been
adopted at Cincinnati during the
months of June, July, and August of
the last named year, by the Governor
and Judges Symmes and
Turner. They are known
as the "Maxwell Code," from the name
of the publisher, and were intended,
says the author of "Western Annals,"
to form a pretty complete body of
statutory provisions." In 1798
eleven more were adopted. It
was the published opinion of the
late Chief Justice Chase,
"that it may be doubted whether any
colony, at so early a period after
its first establishment, ever had so
good a code of laws." Among
them was that "which provided that
the common law of England, and all
statutes in aid thereof, made
previous to the fourth year of
James I.? should be in full
force within the Territory."
Probably four-fifths of the laws
adopted were selected from those in
force n Pennsylvania; the others
were mainly taken from the statutes
of Virginia and Massachusetts.
LOCAL COURTS
AND COURT OFFICERS
Among the earliest laws adopted was
one which provided for the
institution of a county court of
common pleas, to be composed of not
less than three nor more than five
Judges, commissioned by the
Governor, who were to hold two
sessions in each year.
Pursuant to its provisions, the
first session of said court was held
in and for Washington county, Sept.
2, 1788. The Judges of the
court were Gen. Rufus Putnam,
Gen. Benjamin Tupper, and Col.
Archibald Crary. Col. Return
Jonathan Meigs was Clerk, and
Col. Ebenezer Sproat was
Sheriff. Elaborate details of
the opening of this, the first court
held in the North-west Territory,
have come down to us, showing it to
have been a stylish, dignified
proceeding. Briefly, "a
procession was formed at the Point
(the junction of the Muskingum with
the Ohio River) of the inhabitants
and the officers from Fort Harmar,
who escorted the Judge of the court,
the Governor of the Territory, and
the Territorial Judges to the hall
appropriated for that purpose, in
the North-west block--house in
"Campus Martius." "The
procession," says Mitchener," was
headed by the Sheriff, with draw a
sword and baton of office."
"After prayer by Rev.
Manasseh Cutler, the court was
organized by reading the commissions
of the Judges, Clerk, and Sheriff;
after which the Sheriff proclaimed
that the court was open for the
administration of even-handed
justice to the poor and the rich, to
the guilty and the innocent without
respect of persons; none to be
punished without a trial by the
peers, and then in pursuance of the
laws and evidence in the ease."
On the 23d day of August, 1788, a law was promulgated
for establishing "general courts of
quarter sessions of the peace."
The court was composed of not less
than three nor more than five
Justices of the Peace, appointed by
the Governor, who were to hold four
sessions in each year. The
first session of this court was held
at "Campus Martins" Sept. 9, 1788.
The commission appointing the Judges
thereof was read. Gen.
Rufus Putnam and Gen.
Benjamin Tupper, says Mitchener,
constituted the Justices of the
quorum, and Isaac Pearce, Thomas
Lord, and Return Jonathan
Meigs, Jr., the assistant
Justices; Col. Return Jonathan
Meigs, Sr., was Clerk.
Col. Ebenezer Sproat was Sheriff
of Washington county fourteen years.
The first grand jury of the
North-west Territory was impanneled
by this court, and consisted of the
following named gentlemen:
William Stacey, (foreman),
Nathanial Cushing, Nathan Goodale,
Charles Knowles, Anselm Tupper,
Jonathan Stone, Oliver Rice, Ezra
Lunt, John Matthews, ___ge
Ingersoll, Jonathan Devol, Jethru
Putnam, Samuel Steb___, and Jabez
True.
The
first permanent settlement in the
new Territory was made at Marietta,
at the mouth of the Muskingum, by
the Ohio Land Company. It was
known as the "Muskingum Settlement."
On the 2d of July, a meeting of the directors and
agents was held on the banks of the
Muskingum, for the purpose of
namingthe new born city and its
public squares. As yet the
settlement had been merely "The
Muskingum," but the name Marietta
was now formally given in honor of
Maria Antoinette; the square
upon which the block house stood was
named Campus Mortius; the
square No. 19, Capitolium;
the square No. 61, Cecilia;
and the great road, the covert way,
Sacra Via.
the
second settlement was made at
Cincinnati, late in 1788.
There were two or three different
companies of emigrants that came
soon after each other, but the day
and hour in which the party came,
that laid out the village that has
grown up to be the present city of
Cincinnati, is not with certainty
known, although historians and
writers have puzzled their brains
over the question for many a day.
It appears to be settled that this
party left Maysville on the 29th of
January, 17889, but as it has failed
to record the day of its arrival,
writers have undertaken to estimate
the amount of hindering causes in
navigation, such as ice and the bad
weather usually occurring at that
season of the year, but no two
arrive at exactly the same
conclusion. therefore, each
reader must make his own
calculation.
To ascertain the original price paid for the land on
which the city stands is another
question that has sorely perplexed
writers in their researches.
Now we state that Mathias Denman,
the original purchaser, bought about
eight hundred acres, for which he
paid five shillings per acres, in
continental certificates, which were
worth then, in specle? five
shillings on the pound - so that the
specie price per acre was fifteen
pence. That sum multiplied by
the number of acres __ give the
original cost of the plot of
Cincinnati.
The third settlement made in Ohio was at Manchester,
Adams county, by Gen. Nathaniel
Massie and a company of some
twenty or thirty families or persons
who located where the upper part of
the town now stands.
The exact day upon which these first emigrants pitched
their tents there is not known, but
it must have been the latter part of
December, 1799, or early in January,
1791, for we learn that by the
middle of March, of 1791, they had
their cabins built and enclosed by a
stockade that contained four or five
acres of land.
We are aware that most writers say Galliopolis was the
third point settled in the State and
they likewise give the date as 1791.
But this we think erroneous, because
Massic's arrangements for a
settlement being completed in the
latter part of 1790, and his
contract with his colonists being
written, and signed on the first day
of December of that year, and those
colonists living at no greater
distance |
than Maysville,
the inference is that but a brief
tie would elapse before they were on
the ground.
This, in connection with the amount of labor they had
performed by the middle of Marh, is
conclusive evidence that they must
have settled here in the very
beginning of 1791, if not in the
closing days of the preceding year.
Again, in regard to the Gallipolis settlement, which
was made by Frenchman, we learn that
in May or June, 1788, Joel
Barlow, an agent for the "Scioto
Land Company," left this country for
Europe, "authorized to dispose of a
very large body of land" in the
West. In 1790 (or 1799), this
gentleman distributed proposals in
Paris for the sale of lands at five
shillings per acre, which promised,
says Volney, "a climate
healthy and delightful; scarcely
such a thing as frost in winter; a
river alled by the way of eminence,
'The Beautiful,' abounding in fish
of enormous size; magnificent
forests of a tree from which sugar
flows, and a shrub which yields
candles; venison in in
abundance, without foxes, wolves,
lions or tigers; no taxes to pay; no
military enrollments: no quarters to
find for soldiers."
During the year 1791, says history, a considerable
number of Frenchmen with deeds in
their pockets for farms in this
beautiful happy land, embarked for
Americaaa, where they arrived in
1791-92. From this the reader
can readily see whether Galliopolis
was settled before Manchester.
Besides, he can imagine the feelings
of these poor foreigners, who had
spent their all to reach this
promised land, when they found in
addition to the disappointment of
their anticipated expectations of
its excellence, that those of whom
they bought did not own a foot of
it, and their deeds were worthless.
FIRST
SETTLEMENT OF ADAMS COUNTY
As stated elsewhere, in this work,
Gen. Nathaniel Massic was
largely interested in the sale of
land in the Virginia military
district, north of the Ohio river,
as well as in surveying.
For his better security in surveying and also to start
a trade in land, he was anxious to
effect a settlement somewhere on
these lands. As an inducement
to start a colony he offered to the
first twenty-five persons that would
join him in making a settlement, one
inlot and one outlot in a new town
he proposed lay off, also 100 acres
of land somewhere in the country
near the proposed town. Thirty
persons soon accepted his offer.
The following written contrast was soon drawn and
signed by the contracting parties:
"Articles of agreement between Nathaniel Massie,
of one part, and the several persons
that have hereunto subscribed, of
the other part, witnessed, that the
subscribers hereof doth oblige
themselves to settle in the town
laid off, on the northwest side of
the Ohio, opposite the lower part of
the two islands; and make said town,
or the neighborhood, on the
northwest side of the Ohio, their
permanent seat of residence for two
years from the date hereof; no
subscriber shall absent himself for
more than two months at a time, and
during such absence furnish a
strong, able-bodied man sufficient
to bear arms at least equal to
himself; no subscriber shall absent
himself the time above mentioned in
case of actual danger, nor shall
such absence be but once a year; no
subscriber shall absent himself in
case of actual danger, or if absent
shall return immediately. Each
of the subscribers doth oblige
themselves to comply with the rules
and regulations that shall be agreed
on by a majority thereof for the
support of the settlement.
In consideration whereof, Nathaniel Massie
doth bind and oblige himself, his
heirs, &c., to make over and convey
to such of the subscribers, that
comply with the above mentioned
conditions, at the expiration of two
years, a good and sufficient titled
unto one inlot in said town,
containing five poles in front and
eleven back, one outlot of four
acres convenient to said town, in
the bottom, which the said Massie is
to put them in immediate possession
of, also one hundred acres of land,
which the said Massic has
shown to a part of the subscribers;
the conveyance to be made to each of
the subscribers, their heirs or
assigns.
In witness whereof,, each of the parties have hereunto
set their hands and seals this 1st
day of December, 1790.
(Signed).
Nathaniel Massic,
John Lindsey,
William Wade.
John Black,
Samuel Smith.
Jesse Wethington,
Josiah Wade
John Clark,
Robert Ellison.
Zephamian Wade
|
John Ellison,
Allen Simmeral,
John McCutchen,
Andrew Anderson,
Mathew Hart,
Henry Nelson,
John Peter Christopher
Shanks,
James Allison,
Thomas Stout,
George Wade |
Done in the presence of
John Beasley,
James Tittle. |
Although the offer of this bounty
was to the first twenty-five that
accepted the invitation, and history
informs as that thirty joined the
colony, the contract as given shows
but nineteen signatures. Who
the rest of the thirty were, or
whether they received the bounty, we
have no means of knowing.
these men were doubtless the pioneer
settlers of Adams county. They
remained at Manchester, mostly in
the stockade, for protection against
the Indians, until after Wayne's
victory over the Indians at
Greenville, August 20th, 1794.
These colonists then began to venture out to locate,
settle, and improve their lands.
When a man located his hundred
acres, he had the privilege of
buying as much adjoining land as he
had the means to purchase. In
this way these first farms were made
of various sizes. These
colonists mostly settled the section
of country called "
"Gift Ridge." It is very
questionable in our mind, whether
there were any permanent settlements
made in the interior of the county,
or outside of Manchester, previous
to 1795 or '96, and probably but few
were made before 1797 or '98.
For the times and places of the first settlements in
the county the reader is referred to
the several township histories, as
they appear in the work. |