isit^Libia:^ 39002014945480 '^h 1*mt£- " YAiUE ^wmwrni^mjnrY" Bought with the income of the Azariah Eldridge Memorial Fund litir MARIETTA COLLEGE HISTORICAL COLLECTIONS EDITED BY ARCHER BUTLER HULBERT VOLUME III THE MARIETTA HISTORICAL COMMISSION (Created by the Trustees of Marietta College, February, 1916) CHARTEE MEMBERS Ed-wy R. Beo-wn A. Geobqe Bullock Mary C. Bullock Charles S. Dana* Beman G. Da-WES Charles G. Da-wes RxiPus C. Da-wes Erancis H. De-wey Arthur P. Estabrook Charles A. Hanna Harry B. Hott John Kaiser Marietta College Ed-wakd E. MacTaggaet John Mills William W. Mills William P. Palmer Benjamin B. Putnam Ed-win P. Eoeebeck Benj. P. Strecker Peter G. Thomson SUSTAINING M. j. A-verbeck Willis A. Bailey Homer C. Bayless George C. Best Charles H. Bos^worth William W. Boyd Ed-ward H. Brenan J. La-wrence Bubll ro-wena buell Warren Burns H. G. Chamberlain J. Plumer Cole John Dana Theodore P. Da-vis * Henry M. Da^wes Lee S. Devol William W. Dollison Charles P. Dyar Isaac C. Elston, Jr. Aaron A. Ferris Ed-ward B. Pollett Seymour J. Hatha-way MEMBERS Julia E. Hickok James P. Hovey George H. Ho-wtson* Karl G. Kaiser Thomas H. Kelley Jesse V. McMillen Marietta Public Library Ed-ward A. Mertdith Clarence C. Middles-wart Ed-ward C. Mookb Charles Penrose Beman A. Plumer Horace Porter Daniel J. Ryan John E. Sater Harvey E. Smith Harry P. Wareener Asa Wilson Waters George White Walter A. Windsor George M. Withington William H. Wolfe EDITORIAL COMMITTEE ARCHER BUTLER HULBERT, Chairman Professor of American History, Marietta College GEORGE JORDAN BLAZIER, Secretary and Treasurer Liira/rian, Marietta College ¦ Deceased OHIO COMPANY SERIES VOLUME III OHIO IN THE TIME OP THE CONFEDERATION (iWamita ffloUege- historical dollerfiotw, '^ahane 3 OHIO IN THE TIME OF THE CONFEDERATION EDITED WITH INTRODUCTION AND NOTES BY ARCHER BUTLER HULBERT Professor of American History, Marietta College; Chairman Marietta Historical Commission; Lecturer, National War Work Council, Y. M. C. A. of the United States PUBLISHED BY THE MARIETTA HISTORICAL COMMISSION MARIETTA, OHIO 1918 THE TORCH PRESS CEDAR RAPIOS IOWA CONTENTS Inteoduction: A Teeeitoey in the Making xi Paet One: The Antecedents of the Ordinance of 1784 .... 1 Part Two : Ohio in the Papers of the Con tinental Congress 92 Part Three: Journal of John Matthews 187 ILLUSTRATIONS A Map of the Ohio Company Purchase 20 (From a plate loaned by the Western Reserve His torical Society) A French Plan of the Lands of the Ohio and ** Scioto" Companies . . 100 (Prom a plate loaned by the Western Reserve His torical Society) Martin's Map of Ohio Surveys . . 180 (By permission of the author) INTRODUCTION A Territory in the Making This volume, chronologically, should have been the first in the present Series. There was a pro priety, however, in permitting the original rec ords of the Ohio Company to have the right of way, as being the most important and significant document to be issued under these auspices. The purpose of this book is to fill a want, felt by the editor and many colleagues who conduct classes on the history of the West, in the shape of a volume giving the documentary materials in convenient form which any class or reader must study in order to understand the ideas and ideals which slowly crystallized into our first Territory — the "Territory North West of the River Ohio. ' ' This growth is not sensed by a study of the ordinances and land laws of 1784, 1785, and 1787 alone, even when supplemented by the ex cellent writings of Adams, Hinsdale, Turner, Alden, Alvord, Barrett, Treat, or Thwaites and Kellogg. In order to make the volume fully serve the time-saving purpose suggested, the editor has been emboldened to devote a number of pages to reprints of documents not easily to be secured in the average library and not always xii Introduction orderly arranged in the students' perspective when once in hand. FoUovsdng the pages of reprints of theories and plans of trans-Ohio colonization and State- making, the reader will find the most important documents in the Papers of the Continental Con gress which relate to the Ohio region in this pre- territorial period, mostly relating to Thomas Hutchins's activities in surveying the Seven Ranges, with tangible sidelights on the irrepress ible character of the squatter movement across the Ohio River. Taking a hint from the satisfaction expressed by many charter and sustaining members of the Commission in the value to the non-professional of an introduction which links the documents presented into an understandable whole, the edi tor will briefly sketch the story contained in the material here published. With it as a guide, student, as well as general reader, will find, it is hoped, a completer interest in the documents themselves. To succeed in this respect were better than to satisfy the formulae of the scien tific critic. One might loosely describe the grovd;h of the territory north and west of the Ohio River in terms of evolution, as sub-organic, organic, and super-organic. Of the middle and latter period many students have developed treatises, on the Introduction xiii ordinances, the creation of States, and the mani fold problems of statehood. Of the nebulous primary era, we have had the international phases of territorial and land colonization pro jects made clearer by several writers, particu larly Alden and Alvord. There is need and room for more adequate treatment of the purely American schemes and theories for the coloniza tion and government of what is commonly known as the "Old Northwest." There is a double importance in emphasizing them because, while they show the aims and ideals of individuals and reflect the spirit of the times, they came to some thing — they created ordinances and founded Commonwealths. There is an Old Testament history of the West and a New Testament, and the break between the two was greater — meas ured in everything save years — than the biblical parallel will show. The documentary material of England's imperial designs relating to the West does not contain the seeds of the New Dis pensation — the theories of Deane and Paine and Pelatiah Webster, of Bland, Putnam, Pickering, Howell, Washington, and Jefferson. The Que bec Act with its extension "of the same absolute rule" (as the author of the Declaration of Inde pendence phrased it) was of Malachi ; the plan of Deane 's federated, self -governed State at the con fluence of the Ohio and Mississippi, is of St. Matthew. xiv Introduction It was for Silas Deane of Groton, Connecti cut, secret agent for the Continental Congress in France, first to offer suggestions concerning the use of western territory as a national asset. Al ready, as outlined elsewhere,^ Congress, in Sep tember, 1776, had made its offer of bounty lands to men and officers who would enlist in the ser vice ; while it is not so stated it is clear that in the back of their heads the members of the Congress contemplated fulfilling this promise by granting land in the "Old Northwest" — thus mortgaging for public benefit a conquest it was hoped their armies would make. In December of the same year Deane wrote the Secret Committee from Paris outlining the first definite plan to charge this war bill to western lands. The plan as here in outlined in detail,^ called for the grant of a tract of twenty-five million acres at the junction of the Ohio and Mississippi, in the present State of Illinois, to a company of Americans and Euro- 1 These Collections, i, xv ; the act of Congress read : ' ' That Con gress make provision for granting lands, in the following propor tions: to the officers and soldiers who shall so engage in the service, and continue therein to the close of the war, or ¦until discharged by Congress, and to the representatives of such officers and soldiers as shall be slain by the enemy. "Such lands to be provided by the United States, and whatever expense shall be necessary to procure such lands, the said expense shall be paid and borne by the states in the same proportion as the other expenses of the war, viz. To a colonel, 500 acres; to a lieuten ant colonel, 450; to a major, 400; to a captain, 300; to a lieutenant, 200 ; to an ensign, 150 ; each non-commissioned officer and soldier, 100." — Journals of the Continental Congress (1906), v, 763. - Doc. i. Introduction xv peans. One-fifth of every "settlement" should be reserved by the Congress for sale by the na tional government; the company should engage to place a certain number of inhabitants on the land within seven years and regulate civil gov ernment, taking the advice of Congress in such measures, and thus "form a distinct State Con federated with and under the general regulations of the United States General of America." Deane estimated that a company could be formed in Europe with a capital stock of one hundred thousand pounds to establish the State on the Mississippi as outlined. The scheme is an in teresting medley of ancient and modern ideas, the retaining of "one-fifth part of all land®, mines, etc." harking back to Columbus and Cabot, and the plan allowing "the company" to "form a distinct State" bespeaks the new consti tutional era of a decade later, the clause permit ting the inhabitants to have "a voice in Con gress" as soon as they are "called on ... to contribute" to public expenses is a plain putting in practice the doctrine of the Declaration of In dependence. The reservations for the national government forecast the "Congress Lands" of the later ordinances. The obvious obstruction in the path of carry ing out any plan like Deane 's (aside from the detail of ending European claim of sovereignty by winning the war) was the need of having the xvi Introduction several States claiming western land relinquish those claims. In our brief sketch of the process by which this was accomplished ^ the psychic and moral influence of the theories like Deane 's, of eventual-federated-statehood for the western provinces, was only mentioned; and while the economic disturbance to be caused in the older commonwealths by the opening of unlimited re gions for healthy and adventurous pioneering and a resultant loss of a "balance of power" were potent arguments, the great plain facts of the case were that the rich West would be occu pied by friend or foe, that the logical dream of every far-seeing man was a republic of conti nental dimensions — let what upsettings of equil ibrium come that might. Thomas Paine was such a man, and though his proposed "State" — outlined in his Ptiblic Good in 1780 — was south of the Ohio River it was a western State and his ideas concerning it secured the attention that any work by the author of Common Sense and The Crisis received. In these treatises he advocated the use of western lands for the creation of a fund "for the benefit of all," with Congress acting in the role of "con tinental trustees. ' ' * Later Paine advances a plan of a new State of between twenty and thirty mill- 3 These Collections, i, xv-xxiv. *Doc. ii. For the words "continent" or "continental" the un initiated must supply ' ' nation " or " national " as we use those words today. Introduction xvii ion acres bounded in general by the Allegheny Mountains on the east, the Ohio River on the north, the North Carolina line on the south and on the west by a straight line from the ' ' Palls of the Ohio" (Louisville) to the southern boun dary.'' He called this "fighting the enemy with their own weapons" because his State occupied, in part, the proposed site of the Vandalia colony which was to have redowned to "the emolument of the Crov^Ti of England" ; to use it now, by way of securing a fund to fight England, aroused all of Paine 's latent enthusiasm. He estimated that twenty million acres could be sold (through land offices established in Eu rope) for four million pounds — a fund sufficient to carry on the war three years. To satisfy Vir ginian objections to the loss of a western empire Paine brilliantly forecasts the probable aliena tion of the trans- Allegheny Virginians, in effect casting a true prophesy of what took place when Kentucky broke from the Old Dominion; he points out the value of a buttress State and the value of the import trade which must pass through Virginia. Among other suggestions and prophecies which tumble with such facility from Paine 's pen, one notes the idea of western lands being used to reimburse those whose property is despoiled by war, as happened by the grant of the "fire-lands" later in Ohio. Although antedated by Silas Deane in advo- 5 Doc. iii. xviii Introduction eating the amalgamation of western States with the "original Thirteen" on terms of equality, Paine may well be remembered as the chief early champion of this epoch-making idea ; more accurately than was done by any other at the time does he trace the probable steps — the settling of the matters of boundaries, the creation of an organic law by the national Congress which should be supplanted, when the State acquired a given population, by a constitution drafted by the inhabitants themselves; he advocates the right of an embryonic western State to a non voting representative in Congress and reechoes his argument in Common Sense concerning the necessity of a constitutional convention of aU the States to define and describe the powers of Con gress. It is plain that real progress was being made in the development of men's ideas in these years 1776-1780 as to what should be the character of the first American State west of the Alleghenies. While the departures from the ideas which were in the thoughts of those who planned the w^estern States of the Revolutionary period like Vandalia are marked — necessitated by the separation of the Colonies from the Mother Country — certain of the olden theories remained; in the reserva tion called for in the Vandalia grant of three hundred acres "for the purpose of a glebe for Introduction xix the support of a minister of the church of Eng land" we have the kernel of the later reserva tions for schools and religion of the Ordinance of 1787 ; in general, however, the charters for the proposed colonies followed the ancient type, as that of the Massachusetts Bay charter.^ By 1780 these ideas crept into the acts passed by the Continental Congress. The question of western cessions was precipitated by Maryland, and various representatives began to show friendship in proportion to the shallov^naess of their States' claim, as witness New York. By October, 1780, Congress was ready to out line in plain words the position of the govern ment toward the West as soon as the States claiming that region should relinquish their claims, namely that it "be settled and formed into distinct republican states which shall become members of the federal union, and have the same rights of sovereignty, freedom, and independence as the other states."' The main point at issue being settled, all details were waived for future determination, excepting only the probable di mensions of the future States; one hundred miles square was set as the minimum size and one hundred and fifty the maximum. Prom this date on public interest and discus- « George Henry Alden, New Governments West of the Alleghenies Before 1780, 29. ' Docs, iv and v. XX Introduction sion centered in the manifold questions raised by the problem which Congress had settled in outline. The main discussion was led in 1781 by the able retired clergyman-economist Pelatiah Web ster who came into large reputation five years be fore for his advocacy of "continental currency" to meet the struggling Colonies' debts. Mr. Webster strongly opposed selling or mortgaging western lands to foreigners and boldly advanced fresh plans that seemingly won the respect of all thinking men and, more than any one man on definite record, hastened the day when the Or dinance of 1784 could be passed.^ In his homely but graphic phrase he urged that Congress pre serve the goose which could in time lay a golden egg a day instead of killing it "in order to tear out at once all that was in her belly." In out spoken confidence in the future value of western lands and of future growth of western popula tion he is outranked only by the Washington who wrote that classic "Letter to Harrison" three years later. Every thought of his as to the de tail of handling the western country was "path- breaking" in its effect. He first proposed that all emigrants be vigor ously kept out of the West until a portion could be surveyed into tiers of townships of from six 8 Doc. vi. Introduction sxi to ten miles square ; survey-bef ore-sale and com pact settlement were thus advanced simultan eously. He proposed that no land be sold at less than a Spanish dollar an acre, and that a second tier of townships should not be put on sale until the first had been disposed of. The plan, he said, would obviate the inconveniences and dan gers of hit-or-miss settlements as had been made in the South ; it would effectually prevent spec ulation by absentee promoters as no land would be sold except to an actual settler; public senti ment in favor of law and order would advance methodically with the advancing tiers of town ships; by such a uniform advance could the problem of Indian relations be handled best. From any view-point, although his ideas may only in a measure have been original with him, all generations which have profited from the wis dom and liberality of the Ordinances of 1784 and 1785 must recognize Pelatiah Webster's manful wrestling with the many-sided problem and the vital contribution that he made, or the ideas, at least, of which he became chief spokesman. A new and important element now enters into the development of the western problem with the conclusion of the Revolutionary War — an army clamoring for a fulfillment of the government's promise of bounty lands and standing ready to accept, in payment for services, the only asset in the governments possession, western lands. xxii Introduction The two schools of thought, heretofore represent ed by Paine and Webster, the one favoring the killing of the goose for its immediate egg and the other favoring its preservation for steady fu ture production, find their counterpart in the post-Revolutionary period in the writings of Pickering and Bland who offered the "Army" and the "Financier's" plans. With this changing phase in the discussion the new ideas are found to be much more similar in character than is true of Paine 's and Webster's plans, the one marked difference being that no longer did men plan a western State to be dis posed of by setting up land offices in Europe and the sale of lands to individuals or companies across the sea. Though the two new schools which supplanted the old had much in common, as the names suggest, one had migration and set tlement as its chief objective and the other the use of the West as a national asset. In working out a final decision, through numerous compro mises, both ideas contributed to the final solution. Timothy Pickering, who, as Adjutant-General and Quartermaster-General, had won for himself an enviable reputation during the Revolution, became spokesman for the army with reference to western lands and Statehood.^ The "Pick ering Plan" called for the creation of a new 8 Doc. viii. Introduction xxiii State bounded by the Pennsylvania line, the Ohio and Maumee river and Lake Erie; the western line was to be a meridian running northward from a point on the Ohio River thirty miles west of the mouth of the Scioto River. This State was to be settled by those of the disbanded army entitled to bounty lands banded together as "as- sociators," the government, in a parental way, to aid the movement by supplying means of transportation, rations, utensils, arms, etc., etc. The unclaimed lands were to be sold by the State for its ovm benefit ; the associators were to adopt their own constitution and the State was to be admitted into the Union on equal terms with the original States. Compared with the earlier plans, Pickering's scheme is notable because it ignores Webster's compact settlement and sur vey-bef ore-sale ideas, also because it first voices the use of money accruing from the sale of undis posed lands for "schools and academies" and the "total exclusion of slavery" from the new State. This general plan, as we have suggested, was Pickering's probably in the same sense that the Declaration of Independence was Jefferson's — it voiced the ideas of his coterie of friends and advisers and was framed in his language. How ever, no document of the hour, written by the adherents of the "army" school, quite equals in interest the broad outlook and sane judgment of General Rufus Putnam's contemporaneous xxiv Introduction "Thoughts on A Peace Establishment for The United States of America"" and his letter to General Washington of Jime 16, 1783. Though different in purpose and character, the two docu ments play into each other. The original copy of the "Thoughts on A Peace Establishment" is endorsed on the back "Requested by Gen'l Wash ington"; it is a military survey of the United States, its chief harbors, defenses, and lines of communications and is remarkable for its pro posal to defend the trans-Allegheny provinces by a line of forts stretching from the Ohio River at Yellow Creek to Lake Erie, at the present site of Cleveland. Following this outline of the strate gic military keys of the continent, is a well con sidered plan of a "regular Continental Militia" calling for the maintenance of fifty-four com panies of infantry, twelve companies of artillery, and one company of artificers. Writers on our military history, who have decried our studied policy of unpreparedness, would do well to note that one trenchant writer of the Revolutionary era, of wide experience, was advocating at this time an army of some proportions (30,000 men and officers) on a basis of compulsory military service. General Putnam's letter to Washington ac companied the "Petition of the Subscribers, Offi cers in the Continental Line" which we have 10 Doc. X. Introduction xxv printed elsewhere." That petition was based on the Pickering outline; it called for the setting apart of a State between the boundaries drawn by Pickering which was "in time to be admitted one of the confederated States of America." General Putnam's accompanying letter" de serves high place in the annals of the building of the "Old Northwest;" its breadth of view, its amazing foresight and its ring of hopeful pa triotism are, alike, unequalled by any document of the time. The lines of Putnam's State coin cided with those of Pickering's, the whole to contain about seventeen and one-half million acres; like Webster, he advocates the township system, and, like Pickering, he suggests lands allotted for schools; but Putnam goes a step further than either and includes land for the support of religion. He opposes large grants to individuals but forecasts his own Ohio Company of 1788 by suggesting that others beside officers and soldiers be allowed to "petition for charters on purchase." His scheme, however, is pre eminently that of a soldier's, and he repeats his arguments in favor of military establishments at strategic points. Clearer than any man at the time he foresees the dangers that lurk in Spain's grasp on the Mississippi; nor does the impor tance of fortifying the lake frontier "in case of a 11 Vol. i, xxvi-xxviii. 12 Doc. xi. xxvi Introduction war with Great Britain" miss his eye; and he closes with a strong plea for the opening of the land to the proposed adventurers who, establish ed on the Ohio and the lakes, will "banish forever the idea of our western territory falling under the dominion of any European power." His choice of West Point (which he later laid out) as the "Grand Arsenal of America" is worthy of special mention. We have slightly broken into the correct chronological order by treating the Pickering and Putnam plans in sequence; but as one is a complement of the other it was proper to do so. But between the two, in point of time, was voiced what is called the "Financier's Plan," Theo- doric Bland, a member of Congress from Vir ginia, being its chief spokesman." As the name implies, it was the plan of those who had on their shoulders the heavy task of meeting with an empty treasury the demands of the Army cry ing for pay long over due. It was embodied in a motion made by Bland in Congress June 5, 1783, to enact an ordinance laying out "a tract of unlocated or vacant territory" in "districts" two degrees of latitude in length and three de grees of longitude in width. Hitherto men had planned western States on natural geographical lines ; with the Bland ordinance we have the in- 13 Doc. ix. » Introduction xxvii troduction of arbitrary lines which took less ac count of watersheds, river valleys, and lake shores. Each "district" was to be surveyed into townships and be admitted "a separate, inde pendent, and sovereign State"; each soldier was to have thirty acres for every dollar owed him by the government — over and above the regular bounty in land due to him. Ten thousand acres from each hundred thousand were to be reserved to the government and the money accruing therefrom was to be used in payment of the civil list, for erecting forts and founding ' * seminaries of learning"; any surplus remaining was to be used in "building and equipping a navy and to no other use or purpose whatever." Of all the schemes for western States Bland's alone made provision for use of funds for the protection of the eastern sea-coast by a navy. The plan is of no little importance for its contribution of the arbitrary line idea; otherwise it reechoes most of the old ideas of federated States, government survey, and reservations to promote education, the tovniship system, etc. No action on Bland's ordinance was taken. In contrast to the arbitrary line idea is that of General Washington's, outlined in a letter to James Duane three months later — September 7, 1783.^* A careful student of geography and frontier transportation, Washington was partic le Doc. xii. xxviii Introduction ularly interested in the relation of the boundary question to that of Indian relations ; he drew the new State along the lines of Pickering and Put nam with one exception. He inclined toward making the Miami and Maumee River valleys the western line, with an extension or "gore" to in clude a strip of land along the St. Clair and De troit Rivers to include the site of Detroit; this projection, however, he affirms to be illogical and favors throwing Detroit over into the next State to be formed to the westward. Five months later, February, 1784, we find David Howell, the Rhode Island jurist and mem ber of Congress, outlining a new plan of state- building^' — a matter which he considered of equal importance with any then demanding the attention of Congress. Howell strikes a new note when he affirms in a letter to Jonathan Arnold that the republicanism of the trans- Allegheny pioneer — "the gods of the mountains" — will be the sheet-anchor of the young Republic when the people of the "eastern shores" shall become "rich and luxurious and ready to yield their lib erties into the hands of a tyrant. ' ' The basic idea of the new plan seems to be an attempt to check the possible power of a "tj- rant," or the overpowering influence of one sec tion, by the use of a balance-of -power scheme to 15 Doc. xiv. Introduction xxix play off one section against another. The Union was to be divided into three tiers of States ; the most westerly tier was to lie between the Missis sippi River and a meridian drawn through the FaUs of the Ohio (Louisville) from the Gulf of Mexico to upper Lake Michigan; the next tier was to be bounded on the east by a meridian dravni from the North Carolina line to Lake Erie through the mouth of the Great Kanawha, and on the south and north by the Carolina line and the Great Lakes, respectively; the eastern tier embraced the remainder of the Union south of the Carolina line and east of the Great Kana wha meridian. Fourteen new States were to be erected in the two westerly tiers, containing two degrees of latitude each, the meridians to deter mine their longitude. The first State was to be bounded by the Great Kanawha meridian, the Pennsylvania line, the Ohio River and Lake Erie. Howell, taking the debates of Congress at Princeton as mentor, outlines for the first time the progressive stages through which these dis tricts shall move before attaining full Statehood. In the first stage they are to complete a local or ganization, choose a constitution of one of the old States, pay taxes and have a "sitting member" in Congress. On attaining a prescribed number of inhabitants the second heaven is entered and a constitution of their own making shall be al- XXX Introduction lowed. When the population of the district is equal to any of the original States such district shall be admitted to the federal union on sub scribing to certain stipulations. These included a renunciation of the right of ceding from the Union, the payment of their proportional part of the national debt, the abandonment of slavery after 1800, the surrender of any hereditary title on the part of any citizen on penalty of forfeit ure of citizenship. A review of this discussion of over a decade of years, if only the arguments of the most impor tant men are considered, makes it possible for one to estimate accurately the origin of the famous Ordinance of 1784 which now followed." While in some particulars it introduces new elements and ideas, hardly a fundamental proposition is found in it that was not suggested in these years of discussion and debate. It is only by recog nizing the seedlings as scattered by these real "Fathers" of the West and noting what were good and brought forth fruit and what were not of value and east aside, that we can feel and know that these great documents were human in all senses of the word. By knowing something of the maze of alternatives that confronted the Con gress that passed the Ordinances of 1784, 1785, and 1787, by knowing that its members chose IS Doc. xv. Introduction xxxi with rare judgment wheat from chaff, it becomes possible for us to give honor where it is due and be impressed as never before by the earnestness and fidelity and foresight of those who labored in behalf of a territory in the making. No more important precedent was established in our his tory than the precedent of the creation of the "Territory North West of the River Ohio"; it was to make itself felt in every word of legisla tion passed concerning every foot of land that lay between the Alleghenies and the Pacific. The Ordinance of 1784 followed the general lines of the discussions as outlined by Howell ; it was written by Thomas Jefferson, who, with Chase of Maryland and Howell, completed the committee which reported the bill. Its original draft contained the prohibition of slavery pro posed by Timothy Pickering, but, in the vote on the final draft, this was stricken out; had not Mr. Monroe been absent on account of illness the slavery proviso would have been retained. This Ordinance has been loosely called "in operative " ; by this it should be understood that it provided no actual plan for the disposition of the western lands by Congress. This problem was taken up the year following by the appoint ment of a committee consisting of three members from Southern States, Jefferson, Williamson, and Read, and two members from the North, Gerry and Howell. How far the Ordinance xxxii Introduction which they finally reported reflected the ideas of Webster, Pickering, and Putnam, may be seen by comparing the ideas of those men here in reproduced with "An Ordinance for Ascer taining the Mode of Disposing of Lands in the Western Territory," commonly known as the Land Ordinance of 1785." The northern township system and survey-before-sale plan was unanimously adopted. The first lines were to , be run by the Geographer of the United States, Thomas Hutchins, from the crossing place of the Pennsylvania line on the Ohio Riv er, straight north and west. These lines were to be the eastern and southern boundaries of seven ranges of townships, each six miles square. Already by the Treaty of Fort Mcintosh, dated January 21, 1785, the Indian title to this region had been quieted." Many of the documents relating to the military phases of these important years of 1785, 1786, and 1787, from the Harmar Papers and the files of the War Department, have been published." The material here presented, with exception of a few quotations from these sources, relates to the surt'eys of the Seven Ranges from the Papers of the Continental Congress ^° and fills the gap in 17 Doe. xvii. 18 Doc. xvi. 19 W. H. Smith, The St. Clair Papers, ii, 1-22. 20 Docs, xviii-xlvii. Introduction XXXIU the record of the territory in the making up to the passing of the Ordinance of 1787 which was immediately endorsed and made legal by the first Congress under the Constitution. Thomas Hutchins with his corps of surveyors began the first survey of the Northern line of the Seven Ranges September ,22-October 23, 1785, when the Indians compelled him to desist. Taking up the work again in July, 1786, more than four ranges were surveyed before the end of February, 1787. The papers here reproduced, many from Hutchins's hand, portray the diffi culties of this undertaking. Their very miscel laneous character illustrate the temper of the In dians, the difficulties of surveying so far beyond settled limits and give us a glimpse into the for ests of old Ohio not found elsewhere. A reading of them proves what a virgin field lies open to the historians of Ohio who will make use of all the materials extant. The picture shows on the one hand a large body of eager lusty pioneers, supreme in their disdain of the surly Indians, unique in their strong sense of democracy, crowding the Ohio 's shores ; hun dreds boldly cross the river, build homes, elect magistrates and call on their fellows far and wide to elect delegates to meet at the mouth of the Scioto to form a State convention and adopt a constitution." On the other hand we see the sur- 21 Doc. xxi. xxxiv Introduction veyors under the lead of the Geographer of the United States taking their stand where the Penn sylvania line crosses the Ohio and lay down the first of that great net-work of lines that shall stretch to Oregon and California and around Kentucky to the last sandy dune of the Floridan peninsula, creating the township system. These surveyors are protected by that kernel of troops which shall become the United States army. These troops nail to the Ohio trees the proclama tion of Congress ^^ that no trespassers will be al lowed on the land, burn the cabins of the embit tered vanguard but fail to eradicate them. And on the confines of the scene lurk the banditti of Mingoes and Cherokees who dispute the author ity of the Delawares, Wyandots, and Chippewas who signed the Treaty of Port Mcintosh ceding these lands.^^ No thinking person can read the documents which hint at, rather than describe, these doubly critical days in the Old Northwest without being impressed anew and more poignantly with the great wisdom with which "the Fathers" handled this enormously important theme, their sturdi- ness of purpose and steadfast refusal to allow the "tomahawk claim" system to break across the Ohio. A precedent was here set of immeasur able importance and it should be remembered to 22 Doc. xxvii. 23 Doc. xvi. Introduction xxxv the honor of the Congress that is so often char acterized as a "weakling," a government "by supplication." The actors in this trans- Alle gheny episode — the surly borderers, the recal citrant savages and the alert but fearful survey ors — did not recognize it as such ! The concluding pages of the volume are given up to the one detailed account in existence of the daily routine and experiences of the surveyors who were running the lines of the Seven Ranges. This is the Journal of John Matthews. Its sim ple descriptions of forest and meadowland prob ably exerted a greater influence on the New Eng land imagination than came from any other source. The document was presented to Dr. Samuel P. Hildreth by the Reverend William Harris, Treasurer of Princeton University, in 1886 and forms a part of the "Hildreth Collec tion" in the Marietta College Library. Archer Butler Hulbert Camp Travis, San Antonio, Texas April 7, 1918 PAET ONE THE ANTECEDENTS OF THE OEDINANCE OF 1784^ Silas Deane on Western Lands (1776)^ . . . From these and other considerations, on which I need not be minute, emigrations from Eu rope will be prodigious immediately on the estab lishment of American independence. The conse quence of this must be the rise of the lands already settled, and a demand for new or uncultivated; on this demand I conceive a certain fund may now be fixed. You may smile, and recollect the sale of the bearskin in the fable, but at the same time must be sensible that your wants are real ; and if others can be induced to relieve them, it is indifferent to you whether they have a consideration in hand or in prospect. I trace the river Ohio from its jimction to its head; thence north to Lake Erie, on the south and west of that lake to Fort Detroit, which is in the latitude of 1 The reprint of the succeeding documents supplements Prof. Pay- son J. Treat's antecedents of the Land Ordinance of 1785 (The National Land System, 29-40) and Jay A. Barrett's antecedents of the Ordinance of 1787 (Evolution of the Ordinance of 1787). 2 Extract from a letter to the Secret Committee of Congress, dated at Paris, December 1, 1776 — from American Archives, fifth series, iii, 1020-1021. 2 Marietta CoUege Historical Collections Boston ; thence a west course to the Mississippi, and return to the place of my departure. These three lines, of near one thousand miles each, include an immense territory in a fine climate well watered and by accounts exceediugly fertile; it is not inhab ited by any Europeans of consequence, and the tribes of Indians are inconsiderable, and will de crease faster than the lands can possibly be called for, for cultivation. To this I ask your attention, as a resource amply adequate, under proper regula tions, for defraying the whole expense of the war, and the sums necessary to be given the Indians in purchase of the native right. But to give this land value, inhabitants are necessary. I therefore pro pose, in the first place, that a grant be made of a tract of land at the mouth of the Ohio, between that and the Mississippi, equal to two hundred square miles, to a company formed indiscriminately of Europeans and Americans, "which company should form a distinct State, confederated with and under the general regulations of the United States General of America. That the Congress of the United States shall out of such grant reserve the defraying or dis charging the publick debts or expenses, one-fifth part of all the lands, mines, etc., within said tract, to be disposed of by the Congress in such manner as good policy and the publick exigencies may dictate ; the said one-fifth to be sequestered out of every grant or settlement made by the company, of equal goodness with the rest of such grant or settlement ; the company on their part shall engage to have in seven years after the passing such grant [blank] thousand families settled on said grant, and civil Ohio in the Time of the Confederation 3 government regulated and supported on the most free and liberal principles, takihg therein the advice of the honorable Congress of the United States of North America. They shall also, from and after their having one thousand families as above said, contribute their proportion of the publick expenses of the contuient, or United States, according to the number of their inhabitants, and shall be entitled to a voice in Congress as soon as they are called on thus to contribute.^ The company shall at all times have the preference of purchasing the Continental or com mon interest thus reserved, when it shall be offered to sale. The company shall consist, on giving the patent or grant, of at least one hundred persons. These are the outlines of a proposed grant, which you see contains more than twenty-five millions acres of land, the one-fifth of which, if a settlement is car ried on vigorously, will soon be of most prodigious value. At this time a company might be formed in France, Germany, etc., who would form a stock of one hundred thousand pounds sterling, to defray the expense of this settlement. By such a step you in the first place extend the circle of your connection and influence, you iacrease the number of your in habitants, proportionably lessen the common ex penses, and have in the reserve a fund for publick exigencies. Further, as this company would be in a great degree commercial, the establishing com merce at the junction of these large rivers would immediately give a value to all the lands situated on 3 It is to be noted that Deane in a shadowy way here outlines the ' ' progressive ' ' idea afterward adopted for the western territories which automatically advanced from a state of probation into a full federated condition. 4 Marietta College Historical Collections or near them, within the above extensive descrip tion; and further grants might admit of larger re serves, amply sufficient for defraying the expenses of the war, and possibly for establishing funds for other important purposes. It may be objected, this is not a favorable time for such a measure. I reply, it is the most favorable that can happen. You want money, and by holding up this early -^ew a certain fund, on which to raise it, even the most certain in the world, that of land security, you may obtain the loan and engage the moneyed interests of Europe in your favor. I have spoken with many persons of good sense on this subject, which makes me the more sanguine. . . . I will now dismiss this scheme. . . only adding, or rather repeating, what I have in a former letter wrote, that a large and generous al lowance ought immediately be made for the officers and soldiers serving in the present war. . . This will make the Army consist hterally of a set of men fighting for freehold ; and it will be a great encour agement to foreigners, with whom five hundred or a thousand acres of land has a great sound. II Thomas Paine on Western Lands (1780)* . . . Another reason why the present time for separation from Great Britain is preferable to all others, is, that the fewer our numbers are, the more * Extract from ' ' Common Sense" — Paine 's Works (1878) , 40 seq. Ohio in the Time of the Confederation 5 land there is yet unoccupied, which, instead of being lavished by the king on his worthless dependents, may be hereafter applied, not only to the discharge of the present debt, but to the constant support of the government. No nation under heaven hath such an advantage as this. . . Should affairs be patched up with Britain, and she remain the governing and sovereign power of America, (which, as matters are now circumstanced, is giving up the point entirely) we shall deprive ourselves of the very means of sinking the debt we have or may contract. The value of the back lands, which some of the provinces are clandestinely de prived of, by the unjust extension of the limits of Canada,' valued only at five pounds sterling per hun dred acres, amount to upwards of twenty-five mil lions Pennsylvania currency; and the quit-rents at one penny sterling per acre, to two millions yearly. It is by the sale of those lands that the debt may be sunk, without burden to any, and the quit-rent re served theron, will always lessen, and in time, will wholly support the yearly expense of government. It matters not how long the debt is in paying, so that the lands when sold be applied to the discharge of it, and for the execution of which, the congress for the time being, will be the Continental trustees. 5 The Quebec Act. 6 Marietta College Historical Collections III Thomas Paine on Government of Westeen Teeritory (1780)" The succession of the United States 'to the vacant Western territory is a right they originally set upon ; and in the pamphlet "Common Sense," I frequently mentioned those lands as a National fund for the benefit of all; therefore, resuming the subject where I then left off, I shall conclude with concisely re ducing to system what I then only hinted. In my last piece, the "Crisis Extraordinary," I estimated the annual amount of the charge of war and the support of the several governments at two million pounds sterling, and the peace establishment at three quarters of a million, and, by a comparison of the taxes of this country with those of England, proved that the whole yearly expense to us, to de fend the country, is but a third of what Britain would have drawn from us by taxes, had she succeeded in her attempt to conquer ; and our peace establishment only an eighth part ; and likewise showed, that it was within the ability of the states to carry on the whole of the war by taxation, without having recourse to any other modes or funds. To have a clear idea of taxation is necessary to every country, and the more funds we can discover and organize, the less will be the hope of the enemy, and the readier their disposition to peace, which it is now their interest more than ours to promote. I have already remarked that only the United 6 Extract from "Public Good" — Paine 's Works (1894), ii, 61 seq. Ohio in the Time of the Confederation 7 States, and not any particular state, can lay off new states and incorporate them into the Union by repre sentation; keeping, therefore, this idea in view, I ask, might not a substantial fund be quickly created by laying off a new state, so as to contain between twenty and thirty millions of acres, and opening a land office in all countries in Europe for hard money, and in this country for supplies in kind, at a certain price. The tract of land that seems best adapted to an swer this purpose is contained between the Alleghany mountains and the river Ohio, as far north as the Pennsylvania line, thence extending down the said river to the falls, thereof, thence due south into the latitude of the North Carolina line, and thence east to the Alleghany mountains aforesaid. I more readily mention this tract, because it is fighting the enemy with their own weapons, as it includes the same ground on which a new colony would have been erected, for the emolument of the crown of England, as appears by the letters of lords Hillsborough and Dartmouth, had not the revolution prevented its be ing carried into effect.^ It is probable that there may be some spots of private property within this tract, but to incorporate them into some government will render them more profitable to the owners, and the condition of the scattered settlers more eligible and happy than at present. If twenty millions of acres of this new state be patented and sold at twenty pounds sterling per 7 The Vandalia Company — • see G. H. Alden, New Governments West of the Alleghenies Before 1780, 23-28. 8 Marietta College Historical Collections hundred acres, they will produce four million pounds sterling, which, if applied to continental expenses only, will support the war for three years, should Britain be so unwise as to prosecute it against her own direct interest and against the interest and policy of all Europe. The several states wiU then have to raise taxes for their internal government only, and the continental taxes, as soon as the fund begins to operate, will lessen, and if sufficiently productive, will cease. Lands are the real riches of the habitable world and the natural funds of America. The fimds of other countries are, in general, artificially construct ed; the creatures of necessity and contrivance; de pendent on credit, and always exposed to hazard and uncertainty. But lands can neither be annihilated nor lose their value ; on the contrary, they universal ly rise with population, and rapidly so, when under the security of effectual government. But this it is impossible for Virginia to give, and therefore, that which is capable of defraying the expenses of the empire, will, under the management of any single state, produce only a fugitive support to wandering individuals. I shall now inquire into the effects which the laying out a new state, under the authority of the United States, will have upon Virginia. It is the very circumstance she ought to, and must, wish for, when she examines the matter in all its bearings and consequences. The present settlers beyond her reach, and her supposed authority over them remaining in herself, they will appear to her as revolters, and she to them Ohio in the Time of the Confederation 9 as oppressor ; and this will produce such a spirit of mutual dishke, that in a little time a total disagree ment wiU take place to the disadvantage of both. But under the authority of the United States the matter is manageable, and Virginia will be eased of a disagreeable consequence. Besides this, a sale of the lands, continentally, for the purpose of supporting the expense of the war, will save her a greater share of taxes, than the small sale which she could make herself, and the small price she could get for them would produce. She would likewise have two advantages which no other state in the Union enjoys; first, a frontier state for her defense against the incursions of the Indians; and the second is, that the laying out and peopling a new state on the back of an old one, sit uated as she is, is doubling the quantity of its trade. The new state which is here proposed to be laid out may send its exports down the Mississippi, but its imports must come through Chesapeake bay, and consequently Virginia will become the market for the new state ; because, though there is a navigation from it, there is none into it, on account of the rapid ity of the Mississippi.^ There are certain circumstances that will produce certain events whether men think of them or not. The events do not depend upon thinking, but are the natural consequence of acting, and according to the system which Virginia has gone upon, the issue will 8 This argument is reechoed four years later by Jefferson but in favor of Virginia's refusing to cede land east of the Great Kanawha meridian — Jefferson to Washington, March 15, 1784, Old South Leaf lets, vi, 16. 10 Marietta College Historical Collections be, that she will get involved with back settlers in a contention about rights, till they dispute with their own claims ; and, soured by the contention, will go to any other state for their commerce;" both of which may be prevented, a perfect harmony established, the strength of the states increased, and the expenses of the war defrayed, by settling the matter now on the plan of a general right; and every day it is de layed, the difficulty will be increased and the advan tages lessened. But if it should happen, as it possibly may, that the war should end before the money, which the new state may produce, be expended, the remainder of the lands therein maybe set apart to reimburse those whose houses have been burnt by the enemy, as this is a species of suffering which it was impossible to prevent, because houses are not moveable property ; and it ought not to be that because we cannot do everything, that we ought not to do what we can. Having said this much on the subject, I think it necessary to remark, that the prospect of a new fund, so far from abating our endeavors in making every immediate provision for the army, ought to quicken us therein; for should the states see it ex pedient to go upon the measure, it will be at least a year before it can be productive. I more freely mention this, because there is a dangerous species of popularity, which I fear, some men are seeking from their constituents by giving them grounds to believe, that if they are elected they will lighten the taxes ; a measure which, in the present state of things, cannot 9 In illustration, note the petition of Kentuekians to be permitted to remove across the Ohio ; Doo. xxxiii. Ohio in the Time of the Confederation 11 be done without exposing the country to the ravages of the enemy by disabling the army from defending it. Where knowledge is a duty, ignorance is a crime ; and if any man whose duty it was to know better, has encouraged such an expectation, he has either deceived himself or them; besides, no country can be defended without expense, and let any man com pare his portion of the temporary inconveniences arising from taxation with the real distresses of the army for the want of supplies, and the difference is not only sufficient to strike him dumb, but to make him thankful that worse consequences have not fol lowed. In advancing this doctrine, I speak with an honest freedom to the country ; for as it is their good to be defended, so is it their interest to provide that de fence, at least till other funds can be organized. As the laying out new states will some time or other be the business of the country, and as it is yet a new business to us, and as the influence of war has scarcely afforded leisure for reflecting on distant circumstances, I shall throw together a few hints for facilitating that measure whenever it may be proper for adopting it. The United States now standing on the line of sovereignty, the vacant territory is their property collectively, but the personsby whom it may hereafter be peopled will also have an equal right with our selves ; and therefore, as new states shall be laid off and incorporated with the present, they will become partakers of the remaining territory with us who are already in possession. And this consideration 12 Marietta College Historical Collections ought heighten the value of lands to new emigrants ; because, in making the purchases, they not only gain an immediate property, but become initiated into the right and heirship of the states to a property in reserve, which is an additional advantage to what any purchasers under the late government of England enjoyed. The setting off the boundary of any new state will naturally be the first step, and as it must be sup posed not to be peopled at the time it is laid off, a constitution must be formed by the United States, as the rule of government in any new state for a cer tain term of years (perhaps ten) or until the state becomes peopled to a certain number of inhabitants ; after which, the whole and sole right of modelling their government to rest with themselves. A question may arise, whether a new state should immediately posses an equal right with the present ones in all cases which may eome before Congress. This, experience will best detemine ; but at a first view of the matter it appears thus: That it ought to be immediately incorporated into the Union on the ground of a family right, such a state standing in the line of a younger child of the same stock ; but as new emigrants will have something to learn when they first come to America, and a new state requir ing aid rather than capable of giving it, it might be most convenient to admit its immediate representa tion into Congress, there to sit, hear and debate on all matters, but not to vote on any till after the ex piration of seven years." 10 Silas Deane, we have seen, expressed the idea of a western state having at first a ' ' voice ' ' in the national Congress ; Paine here first Ohio in the Time of the Confederation 13 I shall in this place take the opportunity of re viewing a hint which I formerly threw out in the pamphlet "Common Sense," and which the several states wiU, sooner or later see the convenience if not the necessity of adopting; which is, that of electing a constitutional convention, for the purpose of form ing a continental constitution, defining and describ ing the powers and authority of Congress. IV Continental Congress on the Cession of Western Lands (1780)" Congress took into consideration the report of the Committee to whom were referred the instructions of the general assembly of Maryland to their delegates in Congress, respecting the articles of confederation, and the declaration therein referred to, the act of the legislature of New York on the same subject," and the remonstrance of the general assembly of Virginia ; which report was agreed to, and is in the words following: ' ' That having duly considered the several matters to them submitted, they conceive it unnecessary to examine into the merits or the pohcy of the instruc tions or declaration of the general assembly of suggests the plan finally adopted of a "sitting" member without a vote. 11 Extract from Journals of the Continental Congress, xvii, 806-807. 12 We have elsewhere quoted Professor Treat's opinion as to the "positive" infiuence of New York in the cession matter (i, xvii, note) ; it is clearly brought out in the present document. 14 Marietta College Historical Collections Maryland, or of the remonstrance of the general as sembly of Virginia, as they involve questions, a dis cussion of which was declined on mature considera tion, when the articles of confederation were debat ed; nor, in the opinion of the committee, can such questions be now revivfed with any prospect of con ciliation; that it appears more advisable to press upon these states which can remove the embarrass ment respecting the Western country, a liberal sur render of a portion of their territorial claims, since they cannot be preserved entire without endangering the stability of the general confederacy; to remind them how indispensibly necessary it is to establish the federal union on a fixed and permanent basis, and on principles acceptable to all its respective members; how essential to public credit and confi dence, to the suport of our army, to the vigour of our councils and success of our measures, to our tran quillity at home, and our reputation abroad, to our present safety and our future prosperity, to our very existence as sovereign and independent people ; that they are fully persuaded the wisdom [ ] ^^ of the respective legislatures will lead them to a full and impartial consideration of a subject so interesting to the United States, and so necessary to the happy establishment of the federal union; that they are confirmed in their expectations by a review of the be- forementioned act of the legislature of New York, submitted to their consideration ; that this act is ex- 13 Words here stricken out: "and magnanimity of the patriotic legislators of these states will on an occasion of such vast magnitude, prompt them to prefer the general security to local attachment, and the permanency of the confederacy to an unwieldy extent of their respective limits. ' ' Ohio in the Time of the Confederation 15 pressly calculated to accelerate the federal alliance, by removing, as far as it depends on that state, the impediment arising from the Western country, and for that purpose to yield a portion of territorial claim for the general benefit ; [ Y*. Whereupon, Resolved. That copies of the several papers re ferred to the committee be transmitted, with a copy of the report, to the legislatures of [ ]^° the sev eral states, and that it be earnestly recommended to those states, who have claims to the Western country, to pass such laws, and give their delegates in Con gress such powers as may effectually remove the only obstacle to a final ratification of the articles of con federation; and that the legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe the said articles;" V Continental Congress on the Formation of the States in the Western Tereitoey (1780)" Congress resumed the consideration of the report of the committee on the motion made by the dele gates of Virginia ; and thereupon, 1* Words here stricken out: "an example which in the opinion of your committee deserves applause, and will produce imitation." 15 Words here stricken out: "Virginia, North Carolina and Georgia. ' ' 16 Words here stricken out: "and that a copy of the aforemen tioned remonstrance from the Assembly of Virginia and act of the legislature of New York, together -with a copy of this report, be transmitted to the said legislature of Maryland. ' ' 17 Extract from Journals of the Continental Congress, xviii, 915- 916. 16 Marietta College Historical Collections Resolved, that the unappropriated lands that may be ceded or relinquished to the United States, by any particular states, pursuant to the recommendation of Congress of the 6th day of September last, shall be [ ]" disposed of for the common benefit of [ ]" the United States [ ] ^° and be settled and formed into distinct republican states, which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence, as the other states ;^^ that each state which shall be so formed shall contain a suitable extent of territory, not less than one hundred nor more than one hundred and fifty miles square, or as near thereto as circum stances will admit ; [ y^ That the necessary and reasonable expenses which any particular state shaU have incurred since the commencement of the present war, in subduing any of the British posts, or in maintaining forts or gar risons within and for the defence, or in acquiring any part of the territory that may be ceded or relinquish ed to the United States, shall be reimbursed. That the said lands shall be granted and settled at such times and under such regulations as shall here after be agreed on by the United States in Congress assembled, or any nine or more of them. [ ]-' That no purchases and deeds from any Indians 18 Omitted : ' ' granted and. ' ' "Omitted: "aU." 20 Omitted : ' ' that shall be members of the federal Union. ' ' 21 The first official statement concerning the ultimate federation of western territory. 22 Omitted: "and that upon such cession being made by any State and approved and accepted by Congress, the United States shall guaranty the remaining territory of the said States respectively. ' ' 23 Omitted: "That all purchases made of the Indians of any of said lands by private persons, without the approbation of the Legis- Ohio in the Time of the Confederation 17 or Indian nations, for lands within the Territory to be ceded or relinquished, which [ ]^* shall not been ratified by lawful authority, shall be deemed valid or ratified by Congress. VI Pelatiah Webstee on Our Western Unlocated Lands (1781)^= V. Tho ' the title and right of the said six States ^* to their whole western extent should be indisputa ble, yet the preservation and use of it are secured to them, and the whole must for ever be defended, by the arms and at the expense of the States-general. The quotas of this expense ought to be proportioned to the value and extent of the thing secured and de fended by it; qui sentit commodum, sentire debet quoque onuss but if the quotas of the said six States should be increased in proportion to the great extent of their territory, or even the value of the same, it would bring such a very pressing weight on the pres ent inhabitants, as might be beyond their strength or at least inconvenient to them. For here it is to be considered, that the expense of the war is not to be estimated merely by the cash it has cost; but the devastation of the enemy, the loss lature of the State to -whom the right of preemption belonged, shall not be deemed valid to make a title to such purchases. ' ' 2* Omitted: "have been made without the approbation of the legis lature of the state -within whose limits it lay for the use of any pri vate person or persons -whatsoever make a title to the purchases. ' ' 25 Extract from Webster's Political Essays (1791), 491 seq. 26 Seven states claimed western lands: Virginia, New York, Con necticut, Massachusetts, South Carolina, North Carolina, and Georgia. 18 Marietta College Historical Collections of lives, etc. are to be brought into the account ; and when the estimate comes to be made on these princi ples, it will rise very high on such parts of the in terest defended as could lose no lives, because it had no inhabitants; and was incapable of devasta tion, because it had no improvements which could be destroyed. Besides, as all the States have exerted themselves with equal ardor, danger, and effort in carrying on the war, it is but reasonable they should all share alike in the advantages resulting from it. To these might be added many more strong reasons why the said six States should cede or grant their western uncultivated lands to the States-general, to remain a conunon stock, till they can be disposed of for the good of the whole. But I deem it needless to urge this matter farther, because I am informed that a general conviction of the expediency of this measure prevails thro' all the States, and that it is freely agreed on the part of the said six States, to make such a cession or grant to the States-general, as above mentioned, and that the same will soon be done. We wiU suppose, then, that this is done, and the right and title of these western uncultivated lands vested in the States-general ; what is to be done with them? i. e. how are they to be managed, in order to obtain the greatest national benefit possible from them? Some people think we ought to sell or mortgage them to foreign States, for money in our present dis tress. But I have many reasons against this method. The first is. Ohio in the Time of the Confederation 19 That it is capable of the most demonstrative proof, that no importation of money can help us, even if it was given to us, much less if our lands are to be mortgaged for it. We are in much more danger from the plenty of money coming from all quarters in upon us, than from any scarcity of it ; our salva tion must arise from the wealth and virtue which abounds in the country, not in hunting abroad for money. Besides, I abhor the very idea of strangers having their paw on any of our lands in any shape whatev er; and. Further, they would bring mighty little in this way, i. e. very little present benefit, tho' enough of future trouble ; it would be like killing the goose that laid an egg every day, in order to tear out at once all that was in her belly. But every idea of this sort is painful to me ; I wish not to dwell longer on it, but beg leave to propose a method which appears to me more for our advantage. I. Let the ceded territory be divided from the un- ceded by the plainest fines, and let it be kept in its present imcultivated state, and preserved from the intrusion of any settlers whatever, hj the most rigid and effectual prohibitions, till the lands adjoining are fully settled ; then, II. Survey out townships of six, eight, or ten miles square, continuous to the unsettled country, and sell the lands at vendue to the highest bidder, on the following conditions : 1. That none be sold at less than a Spanish dollar per acre. 2. That every purchaser be obliged to settle and 20 Marietta College Historical Collections improve his purchase within two or three years, or forfeit his lands ; the particular regulations of which should be pubhshed at the time of sale, and be rigid ly executed; and when the first course or tier of townships are sold, and the settlement of them secured, lay out another tier, sell them in like man ner, and so on thro' the whole. This method will have the foUowing advantages, viz. 1. All the lands sold will bring at least a doUar per acre ; and if we admit, as above computed, those 300,000,000 acres ^' of our western territory to be come the public property of the States-general, and allow 100,000,000 acres for lakes, ponds, beds of rivers, barrens, etc. there will remain 200,000,000 acres of good land to be sold ; which, at a dollar per acre, will produce 200,000,000 hard dollars for the treasury of the United States ; the annual interest of which, at 5 per cent, will be 10,000,000 dollars per annum; a sum much more than sufficient to defray the whole public expenses of the Thirteen States, in a time of peace, and, of course, a large surplus to be exi>ended on a navy, roads, canals, and many other improvements of our country, with a sufficient sum to be laid up for a time of war. 2. This method will push our settlements out in close columns, much less assailable by the enemy, and more easily defended, than extensive, thin pop ulations ; there will be people here for defence near the frontiers; they will have the inducements of a near interest to animate them to the service; their 27 The origin of this estimate of western acreage is difficult to find. It persisted at least do-wn to 1803, when Senator Ross of Penn sylvania used such an estimate in his speech in Congress, February 14th. The Old Northwest contained 169,959,680 acres. From a plate loaned iy the Western Reserve Historical Society A Map of the Ohio Company Ptjkchase from the "May Papers" Ohio in the Time of the Confederation 21 course of life and acquaintance with the country will render them much more fit for the service, than people drawn from the interior parts of the country ; and the necessary force may be collected and put into action much quicker, and with much less ex pense, than if the same was drawn from distant parts. These and many more and great advantages wiU naturally result from our pushing out our settle ments in close columns, which cannot be expected or hoped for from a vastly extended frontier thinly in habited. Add to this, that every new beginner makes his first improvement in company of near neighbours, and at but small distance from older settlements, much m,ore easily than he could do alone in a wilder ness, where he could receive no helps from neigh bours, let his necessity be ever so great. 3. This method would obviate one abuse very hurtful to new settlements, most injurious to the in dividuals who first migrate and bear the hardships of first cultivation, and which greatly retards the population and improvement of a new country, viz. large quantities of land lying unimproved in the hands of non-residents or absentees, who neither dwell on the land, nor cause it to be cultivated at aU, but their land hes in its wild state, a refuge for bears, wolves, and other beasts of prey, ready to devour the produce of the neighbouring farmers, bears no part of the burden of first cultivation, and keeps the settlers at an inconvenient distance from each other, and obstructs the growth and riches of the townships in which it lies ; whilst the owner, by the rise of the land, makes a fortune out of the labor 22 Marietta College Historical Collections and toils of the neighbouring cultivators. This is a most cruel way of enriching one man by the labor of another, and so very hurtful to the cultivation of the country, that it ought to be restrained by the most decisive measures. 4. This method will give every inhabitant of the Thirteen States an equal chance of availing himself of any advantage of procuring lands for the accom modation of himself or family; whilst, at the same time, the ceding State will reap great benefit from the produce and trade of the adjoining settlements, which will, at the same time, become a secure barrier to their frontiers, against the incursions of an enemy on that side. 5. In this method we can extend our laws, cus toms, and civil police as fast and as far as we extend our settlements; of course, our frontier people will enjoy every benefit of civil society and regular ad ministration of justice ; which cannot take place with equal perfection in the great extent of a thin settled frontier. 6. Another thing very necessary to be observed in the whole management of this affair is, to culti vate a good and friendly correspondence with the Indian natives, by a careful practice of justice and benevolence towards them. They are an innumer able race of people, probably extending over a vast country to the west seas, and very great advantages may be derived from their trade, if we can gain and preserve their confidence. Whereas nobody ever yet gained any thing by an Indian war. Their spoils are of no value; but their revenge and depredations are terrible. It is much Ohio in the Time of the Confederation 23 cheaper to purchase their lands, than to dispossess them by force; and justice in all cases is more profit able than violence and wrong. It may be noted here, that many inhabitants are already on the lands supposed to be ceded. What is to be done with them? I answer — if their continu ance is matter of uneasiness to the Indians, and is likely to produce broils with them, they are by all means to be removed. For it is unreasonable that the public tranquility should be endangered for the sake of the convenience of a few people, who, with out the least pretence of right, have fixed themselves down on lands not their own. But notwithstanding this, if their continuance will not endanger the public security, let them keep their possessions on express condition, viz. that, when the townships in which their possessions shall be in cluded when the future surveys shall be made, shall be sold, they shall pay as much for their lands as the other purchasers of the same township pay on an average for theirs, excluding every idea of favor, to which they may think themselves entitled for their first migration and cultivation. For I esteem all this very wrong and injurious to the public, which rather deserves punishment than reward. But there is another objection more forcible, which, I suppose, wUl be pretty readily made to my scheme, viz. all the benefits of this scheme are future, are a great way off ; but we want present supplies, to relieve the present necessities of our country. This was Esau's argument when he sold his birthright for a mess of pottage, and is certainly a very good one, when really grounded on fact; for no doubt a man 24 Marietta College Historical Collections had better give his whole fortune for one meal of victuals, than starve to death for want of it; but I think wise men will examine this fact very closely, and be very decidedly convinced, that the supposed present necessity is really great enough to induce us to forego all the fore-mentioned advantages for the sake of the pittance, the trifle of money which those lands woidd now bring, attended with all the shock ing and mortifying disadvantages of giving any for eigners a footing in our country, and a claim upon our most essential and central interests. But I think the objection itself is grounded on an error; for I think the present advantages resulting from my plan greater than could arise from any kind of mortgage or alienation of these lands ; for I con sider them like a rich, valuable, and sure reversion, which never fails to give the owner a great estima tion, credit, and respectability in the eyes of his neighbors, tho' he receives no permenancy of present profits ; but if this reversion was sold or mortgaged for a trifle, and soon dissipated (as doubtless would be our case) the owner would appear in a light more contemptible, and in every view much more disad vantageous, than if he had never owned the right. It cannot be too often repeated, that we are not capable of being saved, or even helped, by the im portation of foreign money; it wUl destroy our in dustry, it will introduce luxury; the increase of quantity and ease of acquirement will depreciate it, and thereby defeat its own uses. This is as true as the diurnal rotation of the earth, but, like it, not obvious to the perceptions of every kind. Unhappy for us ! the nature of money, and the Ohio in the Time of the Confederation 25 radical essence of the public finance, depend on prin ciples too latent for easy comprehension; and what makes the matter more dangerous, like many delu sive appearances in the natural world, is, they seem to be perfectly easy and obvious, when they are least understood; and therefore it has been observed in all ages, that they work like magic under the direc tion of unskillful men, ever producing effects the least expected, as well as failing of those most san- guinely computed upon. Their operations, like other doctrines which de pend on an affinity of relations, are governed by so many co-operating causes, that their delineation is very difficult, and their demonstration intricate, and not to be understood without a long and deep atten tion. They make a part of the great law of proportions, which nature never faUs to regulate and adjust with perfect exactness, but which the greatest and strong est intellects, with the most nervous attention, can but imperfectly comprehend. Therefore, in this, as in all other branches of phys ical knowledge, our safest cue and surest principles must be drawn from experiment. But to return to my subject — I do not apprehend the actual permenancy of prof its from our western lands, when disposed of accord ing to my plan, so very distant as many may imagine. The argument of analogy, from what has been to what will be, is generaUy aUowed to be a good one. If, therefore, upon this rule of reasoning, we may suppose that the increase of population in our coun try shall continue the same in time to come as we 26 Marietta College Historical Collections have experienced in time past, viz. that the number of souls double once in 25 years, it will appear very probable that our own eyes may five to see the com mencement of a great demand and rapid sale of our western territory. The number of souls in the Thirteen States in 1775, was generally computed at 3,000,000. (Some people of great observation were of opinion, this number was much exceeded.) On the aforesaid scale of computation, the number of souls in these states, at the end of the next century, will amount to 96,000,000 ; enough to extend over the whole territory of our Commonwealth, and more than Spain, France, Germany, and Italy now contain. 7. I will here subjoin one thing more, which may perhaps be thought worthy of some consideration, viz. that in surveying and granting the western lands, all salthcks, and mines of metallic ores, coals, minerals, and all other valuable fossils (in all which the country greatly abounds) may be reserved and sequestered for public use: a great revenue may grow out of them: and it seems unreasonable that those vast sources of wealth should be engrossed and monopolized by any individuals. I think they ought to be improved to the best public advantage-, but in such manner, that the vast profits issuing from them should flow into the public treasury, and there by inure to the equal advantage of the whole com munity. The foregoing considerations open to view such great objects, such prospects of vast population and national wealth, as may at first sight appear chimer ical, illusory, and incredible. A great minister of state was formerly so astonished at the very mention Ohio in the Time of the Confederation 27 of the vast supplies predicted by the prophet Elisha, that he, with amazement mixed with unbelief, ex claimed, "7/ the Lord would make windows in heaven, might this thing be!" But I mean to subject this Essay to the most rigid examination. Please to review every proposition, and closely examine every argument and inference I make, and if they do not justify the conclusion, reject them; but if you find the facts alleged, true, the propositions just, and the inferences fairly drawn, do not start at your own good fortune, or shrink from the blessings which Heaven pours on your country. The boundaries herein described, by which the contents of our ter ritories are computed, are taken from Mitchel's map, published in 1755, at the request of the Lords Com missioners of Trade and Plantations, and is chiefiy composed from draughts, charts, and actual surveys of different parts of the English colonies and planta tions in America, great part of which have been late ly taken by their Lordships' orders, and transmitted to the plantation-office, as is certified by John Pownal, secretary of said office, and is perhaps a map of the best authority and greatest accuracy of any extant. The facts are of public notoriety. The computations are all made on obvious principles, and may be corrected by any body, if wrong. The senti ments are my own, and are cheerfully submitted to the most rigorous scrutiny that can consist with truth and candor. The subject is very large; I do not pretend to exhaust it, or that this Essay is a fin ished piece ; it is a sketch only, a draught of outlines, which, I hope, will be allowed to deserve at least a candid attention. I wish it might be sufficient to 28 Marietta College Historical Collections produce a full conviction, that it cannot be the in terest of the United States either, 1st. to suffer such vast and valuable blessings to be ravished from us by our enemies ; or, 2d. to consent to their being sold and alienated to foreigners, for any Uttle, trifling present considerations ; such foolish bargains must originate in very narrow views of the subject, and terminate in shame and loss, and in every stage be marked with mortification, disputes, and embarrass ment. I will conclude by just observing, that this Essay is whoUy confined to one branch only, to one single resource, of our public revenue ; only one item of our national wealth: an income vast indeed, not drawn at all from the purses of the people, but capable of being so conducted, that every individual who chooses to be interested in it, may find a good profit resulting from the concern. I do not doubt but if the whole great subject was properly surveyed by a mind capable of such reflections, many other sources of revenue might be found, of vast utiUty to the public, and in no sense injurious, but highly profitable, to individuals. So to graft the revenue on the pubhc stock, so to unite and combine public and private in terests, that they may mutually support, feed, and quicken each other, is the secret art, the true spirit of financiering ; but we must never lose sight of this one great truth, viz. that all resources of public wealth and safety are only materials put into our hands for improvement, and will prove either profit able or hurtful according to the wisdom or folly with which they are managed. Ruin may grow out of na tional wealth, as well as from national poverty. Per- Ohio in the Time of the Confederation 29 haps it may require more great and good talents to support an affluent fortune than a narrow one. Affluence has at least as many dangers as indigence. All depends on the characters of the men who man age them. The happiness and wretchedness of na tions depend on the abUities and virtue of the men employed in the direction of their public affairs. And I pray God to impress a due sense of this great and most important doctrine on the minds of all electors, and others concerned in the appointment of public officers. VII Continental Congeess and the Pre-Revolu- TioNARY Land Companies (1781)'' The delegates of Virginia representing to Con gress, that the committee to whom were re-commit ted the territorial cessions of Virginia, New York and Connecticut, with a memorial signed J. Wilson, by order of the United Illinois and Wabash com panies, and the memorial of WiUiam Trent, in be half of himself and other members of the Indiana Company, had given them notice that they should, on Saturday last, confer with the agents of the said companies, on the subject of their several memori als; that the said delegates conceiving that no claim ought to be received from the said companies ad verse to the cession of Virginia, or any other State, because if the lands to which pretensions made by those companies lie within the limits of such State, 28 Erom Jownals of the Continental Congress, xxi, 1057-1058. 30 Marietta College Historical Collections by its authority alone can the merits of their claims be enforced, because the jurisdiction of Congress in territorial questions, being confined to an adjust ment of confronting claims of different states, if the lands claimed by those companies lie without the limits of Virginia, or any of the other states, Con gress are interdicted by the Confederation from the cognizance of such claims, and because it derogates from the sovereignty of a State to be drawn into contest by an individual, or company of individuals, and therefore that it was not the intention of Con gress to authorize the committee to confer with the said agents in such manner as to receive from them claims adverse to the cessions of any of the states abovementioned ; the said delegates did request the committee to forbear such conference uutU the sense of Congress on the subject should be known, and pro posing that the question be now taken : Whether it was the intention of Congress to au thorize the committee to receive claims, and hear evidence in behalf of the said companies, adverse to the claims or cessions of Virginia, New York or Connecticut. . . The yeas and nays being re quired . . . the previous question was lost. Ohio in the Time of the Confederation 31 VIII Pegpositions foe Settling a New State by Such Opficees and Soldiees of the Pedee- AL Aemy as Shall Associate foe That PuEPOSE (1783)'^ 1. That the United States purchase of the natives that tract of coimtry which is bounded by Pennsyl vania on the east, the River Ohio on the south, a meridian line drawn thirty miles west of the mouth of the River Scioto on the west — this meridian to run from the Ohio to the Miami River, which runs into Lake Erie — and by this river and Lake Erie on the north. 2. That, in the first instance, lands be assigned to the army to fulfill the engagements of the United States by the resolutions of the 16th of September, 1776, August 13th and September 30th, 1780, to wit: To a brigadier-general . 850 " To a colonel 500 " To a heutenant-colonel . 450 " To a major .... 400 " To a captain .... 300 " To a Ueutenant 200 " To an ensign or cornet . 150 " 29 April 7, 1783, in a letter to Richard Hodgdon, Timothy Picker ing "enclosed ... a rough draft" for "a new State westward of the Ohio" in his own handwriting. On its being read to Col. Pickering's school-fellow, Stephen Higginson, he exclaimed, "This is Pickering, I swear." Prom Octavius Pickering, The Life of Tim othy Piekermg, i, 546-549. This is kno^wn variously as the "Picker ing" or "Army" plan. 32 Marietta College Historical Collections To a non-commissioned officer and soldier 100 " To a director of the mUitary hospitals 850 ' ' To chief physician and purveyor, each 500 " To physicians, surgeons, and apoth ecary, each 450 " To regimental surgeons and assistants to the surveyor and apothecary, each 400 ' ' To hospital and regimental surgeon's mates, each 300 " 3. That all associators who shall actually settle in the new state within one year after the purchase shall be effected, and notice given by Congress or the committee of the associators that the same is ready for settlement (such notice to be published in the newspapers of all the United States), shall receive such additional quantities of land as to make their respective rights in the whole to contain the follow ing number of acres, to wit : A major-general .... 2,400 acres. A brigadier-general A colonel A lieutenant-colonel A major . A captain A lieutenant . An ensign or cornet A sergeant Other non-commissioned officers and soldiers, each .... 600 " And fifty acres more for each member of a family besides the head of it. 2,2002,000 1,800 1,6001,4001,200 1,000 700 Ohio in the Time of the Confederation 33 4. That the rights of the officers in the medical department be increased in like manner on the same condition. 5. That all officers in the other staff departments, who shall actually settle in the new State within the time above limited, shall receive rights of land in the proportions last stated, on an equitable compari son of their stations with the ranks of the officers of the Une and the medical staff. 6. That this increased provision of lands shall extend to all officers of the line and staff, and to all non-commissioned officers and soldiers, who during the present war have performed in the whole three years ' service, whether in service or not at the close of the war, provided they present their claims and become actual settlers in the new State by the time above limited. 7. These surplus rights being secured, all the surplus lands shall be the common property of the State and disposed of for the common good; as for laying out roads, building bridges, erecting public buildings, estabUshing schools and academies, de fraying the expenses of government, and other pub lic uses. 8. That every grantee shall have a house built and acres of land cleared on his right within years, or the same shall be forfeited to the State. 9. That, to enable the associators to undertake the settlement of the new State, the United States defray the expenses of the march thither, furnish the necessary utensils of husbandry, and such live stock as shall be indispensably requisite for com- 34 Marietta College Historical Collections mencing the settlement, and subsistence for three years, to wit, one ration of bread and meat per day to each man, woman and child ; and to every soldier a suit of clothes annuaUy; the cost of these articles to be charged to the accounts of arrearages due to the members of the association respectively. 10. That for the security of the State against In dians, every officer and soldier go armed, the arms to be furnished by the United States and charged to the accounts of arrearages. Ammunition to be sup plied in the same way. 11. That a Constitution for the new State be formed by the members of the association previous to their commencing the settlement, two-thirds of the associators present at a meeting duly notified for that purpose agreeing therein. The total exclusion of slavery from the State to form an essential and irrevocable part of the Constitution. 12. That the associators, so assembled, agree on such general rules as they shall deem necessary for the prevention and punishment of crimes, and the preservation of peace and good order in the State ; to have the force of laws during the space of two years, unless an Assembly of the State, formed agreeably to the Constitution, shall sooner repeal them. 13. That the State, so constituted, shall be ad mitted into the confederacy of the United States, and entitled to all the benefits of the Union, in com mon with the other members thereof. 14. That, at the above-mentioned meeting of the associators, delegates be chosen to represent them in the Congress of the United States, to take their seats as soon as the new State shall be erected. Ohio in the Time of the Confederation 35 15. That the associators, having borne together as brethren the dangers and calamities of war, and feeling that mutual friendship which long acquain tance and common sufferings give rise to, it being also the obvious dictate of humanity to supply the wants of the needy and alleviate the distresses of the afflicted, it shall be an inviolable rule to take under the immediate patronage of the State the wives and chUdren of such associators who, having settled there, shall die, or, by cause of wounds or sickness, be rendered unable to improve their plantations, or f oUow their occupations, during the first twenty-one years ; so that such destitute and distressed famiUes shaU receive such pubhc aids, as, joined with their own reasonable exertions, will maintain them in a manner suitable to the condition of the heads of them; especially that the children, when grown up, may be on a footing with other children whose par ents, at the original formation of the State, were in simUar circumstances with those of the former. IX Pinanciee's oe Bland's Plan for Organization OF Western Territory (1783)^" Whereas, It has pleased the Almighty Disposer of human affairs to put a period to a long and bloody war, which has terminated in the estabUshment of independence to these United States, and whereas it is the duty as well as the wish of congress to remove 30 Motion of Theodorio Bland in Congress, June 5, 1783. — George Bancroft, History of the Constitution of the United States, i, 312-314. 36 Marietta CoUege Historical Collections as speedily as possible every cause which might dis turb the tranquility and harmony of these states, so happily united in one great political interest, as well as to reward the brave and virtuous who have by their valor and perseverance established that inde pendence and strengthened that union, and to pro vide for the future government and prosperity of these states — Resolved, Therefore, that congress will and do hereby accept the cession of territory made to the United States by the act of the assembly of Virginia, having date the [blank] day of [blank] , 178 [blank] , on the terms therein stipulated ; except so far as re lates to a specific guarantee of the remaining terri tory reserved by the said state. Resolved, That, if the aforesaid acceptance shaU be agreeable to the said state, and they shall be will ing to withdraw the said stipulation, and if the con sent and approbation of the army of the United States shall be signified to the following act of the United States in congress assembled, then and in that case the following ordinance shall begin to take effect and be in full force for aU and every the pur poses herein mentioned, viz : It is hereby ordained by the United States in con gress assembled, that, in heu of the commutation for the half pay of the army, and in lieu of the arrear ages due to the officers and soldiers of the armies of the United States, and of all other debts due to the said officers and soldiers who now constitute the said army, or who have served therein for a term not less than three years during the war, and for the repre sentatives of such officers and soldiers who shall Ohio in the Time of the Confederation 37 have died in the service, that there shall be assigned and set apart a tract of unlocated or vacant terri tory laying within the boundaries of the United States, as ceded by the preliminary articles between Great Britain and America, and bounded as foUows, viz,: (here insert the boundaries) ; that the said ter ritory shall be laid off in districts not exceeding two degrees of latitude and three degrees of longitude each, and each district in townships not exceeding [blank] miles square; that the lines of the said dis tricts shall be run at the expense of the United States by surveyors appointed by the United States in congress assembled, and amenable to congress for their conduct; that each of the said districts shall, when it contains 20,000 male inhabitants, become and ever after be and constitute a separate, independent, free and sovereign state, and be admitted into the union as such with aU the privUeges and immunities of those states which now compose the union; that each officer and soldier now in the army of the United States shall be entitled to and shall have a grant for thirty acres of the said land for every dol lar which shall appear to be due to such officer or soldier from the United States for his services in the army, over and above the bounty promised by an act of congress of the [blank] day of [blank], 1776. And, moreover, that every officer and soldier who shall make it appear that he has served three years in the army of the United States, shall be en titled to receive a grant of the said lands equal to the bounties promised to officers and soldiers serv ing during the war, in Ueu of all debts due for their services, half pay, etc. Where the said debts have 38 Marietta College Historical Collections been liquidated, they shall be entitled to receive a grant of thirty acres for every dollar ascertained to be due to them in like manner as the officers and soldiers whose commutation and arrearages have been liquidated. And be it further ordained, that out of every hundred thousand acres so granted there shall be reserved as a domain for the, use of the United States ten thousand acres, each of which ten thousand acres shaU remain forever a common property of the United States, unalienable but by the consent of the United States in congress as sembled; the rents, shares, profits and produce of which lands, when any such shaU arise, to be appro priated to the payment of the civil list of the United States, the erecting of frontier forts, the founding of seminaries of learning, and the surplus after such purposes (if any) to be appropriated to the building and equipping a navy, and to no other use or pur pose whatever. And be it further ordained, that the said lands so granted to the officers and soldiers shall be free of aU taxes and quit-rents for the space of seven years from the passing this ordinance. General Rufus Putnam's "Thoughts on a Peace Establishment for the United States of America" [1783]'' America is by no means to place her principle se curity in Walled Towns and the Multitude of her Fortresses; nor is she in time of peace to be at the 31 From an original manuscript of the author in the Library of Ohio in the Time of the Confederation 39 expence of an Reguler Army sufficient for defence of every Part of her Extensive Teritorys should they be invaided — yet unless her Harbours, at least the principle ones, are secured by Fortresses and Small Garisons, her seaports are liable to be surprised plundered and Burnt or laid under Contribution by a few Ships of War, and if aided by land forces an enemy might in Some of them So establish him Self in a very short time as to render it Very Difiquelt to Dislodge him — her Frontears should also be So Se cured by Forts and garisons as at least might retard the opperation of an Enemy tUl the Forces of the Country could be collected to oppose him among the Seports ; New york Claims the first at tention No Spot on the Continent in the possession of an enimy can So much Injure the United States as that, yet in my opinion, with a very little expence compared to the Importance of the object it may be rendered parfectly Secure against any Surprize or Insult from the most formidable Fleat that ever yet was in its Harbour Fahnouth in the provence of Main is the next Har bour eastward that ought to Claim the attention of Congress, it is in the very Neighbourhood of HaUi- fax have Severel Tribes of Indians on the North & the Country but thinly Setteled the Harbour is deep and spacious, the Town on a peninsula and Should an Enemy Establish him self their the whole Eastern Country would be greatly Indangered Marietta CoUege, exactly as written in 1783. The lay reader must not infer from the reproduction of this duplicate copy of the original manuscript that General Putnam's orthography was, in any marked degree, unusual. A comparison of the Sparks 's and Ford's edition of Washington's writings proves what editors can do by way of modernizing manuscripts. Cf. Doc. XI by way of illustration. 40 Marietta CoUege Historical Collections Penopscot or Major Bagaduce is Still further East has also a spacious harbour and is the Source I am told from whence the Eastern States are to expect the most of their Masts Spars and Lumber — From New york Southerd Charles Town and Georgia are the first that I suppose are intiteled to the notice of Congress in respect of Garisons and Troops they have the Spaniards on the Right and Savages in their Rear are properly the Frontear of the Empire on that Quarter and I am Told are thin ly peopeled, the other Harbours and Seports are too Numerous for them all to admit of Continantal Establishments the Expence to the several States in secureing or Fortifing them may be Nearly Equl in propotion to their welth, and their owne Immediate Intrist will Induce them to attend to the matter Be sides carying the general Suystim too far may create a Jalousy in Some of them but the Southern and Eastern Fronters togather with N york and the post on the Hudson Should always remain in the hands of Congress but if any of them Should be So fooUsh as to neglect So Importent a object and leve them Selves Uable to the Insults of every Pirate or Sur prize of an open Enimy the Damage to the United States, in General, would be much Less then for Charles Town and Georgia on the one hand or the provence of Mam on the other to be Seeazed on by Surprize because these places might not be recov ered through a long War whereas none of the others could reasonably expect to be so unfortunate But in Pomt of Importence, Next to the Citty and Harbour of New york — the North River or the Com munication between New york and Canady ought to Ohio in the Time of the Confederation 41 Clame the first attention, for whoever attempts the Conquest of America, wiU in my opinion, if he acts right, endevor to establish him self on the Hudson and by a Chain of Posts in that Quarter to Seperate the Eastern from the Midle and Southern States, on this River then Congress Should always keep an eye and Never Suffer an Enimy Foreign or Domistic to fix him self Quietly on any part of it, or the Lakes towards Canada West Point is perhaps as well Sittuated for the Grand Arsanal of america as any Place whatever and by Dismanteling most of the out Works a much Smaller Garison will be required then in its present State — they should consist cheifly of Artillery men — Includeing also Some artificers — Here Should all the Cariges and apperatus for the artillery be made here should the art of Gunnery Fortification &c &c be Taught and from hence Should the artUlery Com- panys (detached) to other Posts be regurly releaved at lest one in Two years, I consider Stoney Point as an appandage to west Point whither the former re main in its present State or a reguler fortification be built there, which is a Subject worth Consideration — Besides West Point there will Undoubtedly be other Arsinals Established both East and west that will require SmaU guards — In order to prevent a Supprize from Canada by way of Lake Champlain if the Sittuation will admit a Fort Should be built at Wind MUl Point Pont au Fear [Point au Feu] or Some place near the 45"' Degree of lattitude and the River or Lake So ob structed as to prevent the pasage of any British Vessell into it — 42 Marietta College Historical Collections This matter I concive to be worth attention, and examination, for if practicable in case of a War with Great Britton it wiU prevent their makeing them Selves Masters of the lakes and at the Same time it will give Protection to the Country called Vermont with the Inhabitents near the Lake and aid us in Introduceing an army into Canada, In the mean time it wUl be a means of Checking any lUiset Trade in that Quarter, Interrupt the wicked Corrispondence and be a good means to pre vent the revolt of the Vermontears should they have it in Contemplation, and it will also further any Cor rispondence we may wish to hold with the Inhab itants of Cannada — But if no place can be found further Nothward, then Crown Point Sutable for a Fortification that Should be fixed on the lake there is esily obstructed and the Sittuation ElUgable a good Fortress with a Small Garison Some where in that Quarter is neces sary and will be able to prevent any Sudden Errup- tion from Canada into the Provence of New york a Circumstance by all means to be guarded against — the Idea of a post Some where on Lake Champlain will make it Necessery to have two Intermediate ones between that and Albany for the lodgment and Se curity of the Stoars that may be Sent northward Viz one at Fort George and another at the Landing on the further end of lake George but a Block House or even a Stockade with a very few Troops wiU be sufficient Albany wUl no Doubt requier Sone [some] Troops as it wiU be the place for lodging at least for a time Ohio in the Time of the Confederation 43 the Stoars designed for the Northern and Western Fronters To keep the Western Savages in awe to protect and regulate our Trade with them and prevent any Insidious Practice of our British or Spanish Neigh bors as far as posable. Some Fortresses and a Small regular Establishment is absolutely necessary Pir- ticulerly at Fort Stanwix oswego Niagary Fort and Carying Place — Detroit and Michilinimackanac on the Lakes — Illinois Fort Massac Post Vincent Fort Pitt and other Posts that it may be found necessery to Garison on the Frontears of the Midle and South ern States the British used to Send their Supplys to Nagara and Detroit from Cannada & of consequence ware under no necessety of keeping a Post at aswego and I beleve they had none at Fort Stanwix, but in our sittuation if we wish to keep up a Communication with Niagara and Detroit by way of Lake Ontario a Post at Oswego is Indespensible for the lodgment to the Stoars Sent from Albany for the Supply of the Western World as well the Security of the [Peltry] that may be brought from that Quarter in return Fort Stanwix will also be a place of Some Conse quence for the like purposes and for the protection of the Convoyes and Trade from Savage Insult Sev eral other Small post on the Communication between Albany and Oswego will undoubtedly be necessary, to Secure our Selves against any Surprize from the British to awe the Savages in those Quarters to protect the French Setlers about Detroit and Incour- 44 Marietta College Historical Collections age their Emigration from Cannada our Force in the Neigh hour hood of the Grate lakes, even In time of peace. Should be much grater then what the Brit ish used to keep In time of War a navel Superiorety on the Lakes may be more likely to faU to the Share of the British then to us ; or at least our Superiorety may be un certain I wish to Suggest the propriety of opening Some other Communication with Lake Erie, then that through Lake Ontario, by which Niagara De troit &c &c may Recive Supplys, and Besids the Idea of the British haveing a Navel Superiorety in Lake Ontario Should Niagara by any Misfortune be Sur prized and taken with it we must loose the whole Western World unless Some other communication is opened with it then the present This Communication may be made from Fort Pitt to Presque Isle but I think the most EUigable is from Fort Pitt either by Kishkuske and Cayahoga to Lake Erie or down the River from Fort Pitt to yallow Creek from thence by Tuscarawas to Caya hoga, but I would suggest for consideration a much more Extencive proposition. Viz a Post at the Mouth of Cayahoga another at the 1 mile Portage between the head of Cayahoga River and of Muskingum at Tuscarawas one at the Forks of Muskingum or Dellaware Town below a 4'" at Wills Town a 5"^ Mouth of Muskingum a 6'" Hockhocking a 7"" Great Kanhawa an 8"" [blank] Some Such chain of Posts tn that Quarter I concive would give Such Incour agement not only to those who have lands on this Side the ohio but also to Such as may obtain Ohio in the Time of the Confederation 45 grants on the other Side as would Induce such Emi gration to that Quarter that within a few years the Country west of the Alleghany Mountains would not only be able to Feed all our Garisons in the Western World but render that whole Frontear perfectly Se cure against every forreign Enemy and the Savages about the Warters of the Mohawk Susquehenne Os wego and Ohio would be Induced to be have very submissively or move farther afield — The expence to Build the Chain of Posts will be very Small ... a good Stockade with Flankkers instead of Basteons Built in form of Block Houses will be abundently sufficient in all Instences except that at the Mouth of the Cayahoka which will requier more attention Nor will it increse the Number of Troops neces sery for the general Protection because the Garisons of Fort Pitt Detroit Illinois &c &c may be as much less, then otherwise may be necessery, as this pro posed chain of posts would requier to Garison them properly one Regiment of Infentry on the present Estab lishment would be Quite sufficient to garison the whole and in a few years a Much less number as the Settlers would undoubtedly in the first Instence plant them selves near the Several garisons for the Sake of their protection and would aid in their de- fenc Haveing made these observations let me next pro pose for consideration the Following Establishment Viz Six Regiments of Infentry on the Establish ment of October 1780 one Regt of 12 Companys of 46 Marietta College Historical Collections ArtUlery and one Company of Artificers this estab lishment is deduced from the following Detail of Post and garison Compeny Infentry Compeny Artillry S'-g 6-5 2 West Point and down to New york &= 4(5) 6 1 to Shut an enimy out of lake ) Champlain or Stop him for a time j 4 1 (t at Albany and the Commun[icatio]n ) Northward ] 1(2) I ( 1 1 in Provence of Main and 1 Maggizene in Eastward j 9(4) 1 it North & South Carolin Georgio and Magazeans in that Quarter 9(4) 1 1 1 Niagara 4 oswego 3(4) Fort Stanwix and) Communtin with Albany 2 Infentry j 9(10) 1 Detroit and its Dependency 5(4) 4 1 1 Miohiclamaekanac and Dependencis 4 i 2 2 4 Fort Pitt Massac Illinois Post 1 PostH— [?] 8 I Vincent and Magazens in Virginia 9 1 Total 3ia I 54 12 But if the Chain of Posts in proposed [plan] from Cayahka to Kanhawa be established then the follow ing arrangement in that Quarter may be adopted Viz 3ia Later estimates are in parenthesis ; words in italics were erased, Post H — - (Harrodsburg?) being substituted. Ohio in the Time of the Confederation 47 Detroit — 3(2) V2 Michiclamackanac — 3(2) V2 Mouth of Cayahoca 2 Vs Head of Cayahoca River or Portage Tuscarawas Forks of Muskengum — Wills Town Mouth of Muskengum ¦ — Mouth of Hockhocking - - Grate Kanhawa Post Vincent Illinois — 1(2) Vs Fort Massac — Fort Pitt and Magazene in Virgin Vs which make the Same Total as on the other plan the number in each Regt of Infentry and the artil lery Company to be the Same as the EstabUshment of October 1780. Except that the Regimet Staff should always be included in the number of Platton or Company officir Such an Establish may be suf ficient to give the alaram and prevent the Progress of an Enimy for a Time especiaUy on the first break ing out of a War. which is aU that can be expected from them, and all that Congress ought to attempt by a proper Reguler Establishment To be ready to meet an Enimy on the first Breaking out of a War with an army of Respectable Troops their Should 48 Marietta College Historical Collections be an Establishment of a reguler Continantal Militia — the Following Scheem is Suggested for Consid eration The Pay and Subsistence of the officir to be the Same as at present First because I concive it is Be low that of the British or that of any other Nation when all their Emolumets are taken into Considera tion 2d ly Because whoever engages as an officir in a peace Establishment is Supposed to make Arms his profession for life and the present Establishment of pay and subsistence is quite little enough to give Bread to a Man agreeably to the rank in Life which an officer is Supposed to hold The pay of the Noncomsd officirs and privets Should not exceed 5 Dollars per month or one Sixth of a DoUar per day out of which one third Should be stoped to provide him with a Coate wescot Breeches Shirts and other Necesseres, and all arearages to be annually Setteled and paid the pay of officirs and Solder if posable to be weakly The officers to be taken in the first Instence in as near a propotion as posable from the Several States (not Rank but age Merit abilities and Constitation Should Determin the Choise) But it ware to be wished that in future State Unes may be totally laid aside and in order to Introduce such a Suystim the pirticuler officers to Compleat the EstabUshed Reg'" being fixed on in the formation of those Regiments, officers who now belong to different State Unes Should be Incorporated into the Same Coars as much as posable this would not only be a means of removing those local prejudices among officers which Ohio in the Time of the Confederation 49 are too apt to prevaU but would make the distrebu- tion of the three years men now in Service among the Regimets thus formed much more eUigable Such an arrangement of officers Such an Incorpo ration of Men and Such a Detaching them to the different parts of the Empire will I think be Some means of Uniteing and Sementing the whole Scheem of Continantal Militia All abled Bodied Men between the age of 18 & 25 year (not Exempt by any law already made in the respective Stats from Military Service) ShaU be en rolled and liable to Service as Continantal Militia. prehaps those of age between 20 & 25 may be thought more Sutable out of them Shall be raised 24 Regi ments each Regement Sixteen Companys Sub divided into 4 Battallion of 4 Companys each each to consist of 1 Captain 1 Liutent 1 Ensigne 5 Sergnt 3 Corporel 1 Drumer 1 Fifer 65 privet Staff to each Battallion to be taken from among the Company officr ocationly for which their shall be no alowance but that of being [accoutered?] 1 Adjutnt 1 Qr Master 1 Sert Major 1 Qr M Sert 50 Marietta College Historical Collections 1 Colonel 2 Lieutn Colo. 2 Majers 1 Adjutent 1 Qu Master Regimental Field & Staff 1 Pay Master 1 Surgeon 1 Mate 1 Ser* Maj^ 1 Qu M Se' 1 Drum Maj' a Fife Maj' 24 Colonels 48 L' Colonels 48 Majors 384 Captains 384 Lieutenent 384 Ensignes 24 Regiment on 24 Adjutent Such an EstabUsh ment 24 Pay Masters 24 Q Masters 29448 24 Surgeons 1372 [1392] 1372 [1392] 24 Mats 28066 [28056] 24 Sert Major 24 Q M Seg'= 24 Drum Major 24 Fife Major 1080 Serjents 384 Drumers 384 Fiffers 26112 Rank & FUe Total Includeing officer s 29448 Ohio in the Time of the Confederation 51 The officers Should all be Commissioned by Con gress and be on the Same footing as to Rank as those in actual Service but in case of resignation or re- movel out of the dept they shall loose their Rank or pretentions too it in Reason the Regimet Should be all numbered, with out destinction of States next after those on the Peace Establishment and to take their Rank in the first Instence by lot Drawn for them in Congress the Number of Men to be raised in each State Shall be assessed by Congress once in every Seven year by the Same rate of propotion by which the Continental Taxes are laid, the year last preceeding Such assessment the Several Stats Shall each be divided into as many Districts as it is re quired to furnish regimets which regimental dept Shall be Subdivided into Battallions Districts once in every Seven year Viz the next year after that wherein the State asessmt for men is made by Con gress each Battallion District shall again be subdi vided into Company Districts Commissioned officers for such Company Shall reside with in their owne Districts The Fild and regimental Staff officirs Shall be inhabitent of or residents within the Dis trict of the Regiment or Battallion to which they are appointed all the Fild Commissioned & Staff officers of a Regiment Shall be appointed by the Executive athorety of the State to which they belong and be Commissiond by Congress, on the removel of an officir out of his District his place must be Consid ered as Vacant and the vacancy to be fiUed by Suc cession of Rank from the Colo to the Ensigne which Rule shall be adopted for filling aU Vacancys but the appontment of all Ensigns Shall be in the Ex- 52 Marietta College Historical Collections ecutive othorety of the State unless they should neg lect Such appointment for the Space of three months after being duly certified of the Vacancy by the Col° or Commanding officer of the Reg' which he Should be obliged to do within one month after Such Va cancy happened in which case Congriss to have the right of Such appointment the company Districts being thus fixed the Cap tain or Commanding officer of the Company ShaU annually between the 15'" and 31"' day of December Make out a list with the ages of all the able Bodied men within his District liable to Bare arms in the Continantal Militia and haveing apponted his Ser- gents Corporals Drums & Fife he shall Select Sev enty of the youngest that remains on the afore Said list (and return the Names of the Rest to the Com manding officir of the State Militia within whose District they respective reside) Sixty five of the Seventy taken as above are to compose the privet of Such Company for the Insuig year and the other five are to be considered as supenumeraries and only lia ble to be called on Duty in case of Sickness Death or removel of any of the Fixed Company All able Bodied Men (except Such as are exempt from Military duty by the Laws of the State -nuthin which they reside) between the age of Eighteen and twenty five years must be Uable to Service in the Continantal Militia and as Such perform all the Servis required of them The Contnantal MUitia being thus formed they ShaU be liable (in Companys or Squads as Shall be thought most convenient) to spend as many days in Military Exercises and Disepline as other Militia Ohio in the Time of the Confederation 53 are liable to perform in Companys and in Battallion as Many as other State MiUtia are liable to by Reg- imint for which they shall have no allowance and for these exersises and to be always ready in case of the most Sudden alaram they Shall be provided with Arms ammunition and acoutremet the Same as other Militia by Law ought to be provided with, in addi tion to which they Shall always be proAdded with two white Hunting Shirts and two pars of White lining ovehalls with a -Military hat or Cap and Father all of which shall be agreably to the ordor of the Commanding officer of the Regt In addition to these Dutyes this Militia Shall in time of peace actually take the Field Some time the Month of September annually where they Shall Con tinue thirty days and attend to the learnig all or part of Disepline and the Dutis of an army as much as in time of War — they Shall be Collected for this purpus eithr by Regimet Brigads or Division as may be thought most convenant for the good of Ser vice but during this period they are to be paid at the Same Rate and Subsisted in the Same Maner as the Regimets on the Peace Establishmet are — Besides this on the Brakeing out of a War or when ever Con gress Shall Deam it Necessary they Shall take the Fild upon which they shall be furnished Paid and Subsisted in the Same Maner as shall be provided for the Established Regimets. Besides which the Noncommissioned officers and privets Shall recive five DoUors Bounty anually So long as they Shall be held in Service, on the fore going Scheem after the first formation of the Compay the Captain or 54 Marietta College Historical Collections Commanding officer at the Close of every year wUl have ocation only to Obtain a Ust of all able bodied men belonging to His Company Distr &c who have within that year arrived at the age of 18 he wUl then Discharge So many of his Disbled and Senior Soldiers as to reduce his Company to the Standard and the Same Rule is to be observed in Recruting the Company in time of War as of peace with this exception that in time of War the Captain is not to Judge of the DebUity of those who may claim a Dis charge on that accent — But the Recruts for the Company or those lads who have arrived at Eighteen within the past year Shall between the first and Seventh Day of January be Inspected and Mustered in the Same maner as recrut for the Established Regiments, and haveing Joyned the Company the Same Number Shall be discharged the oldest Sol diers always being Intiteled to Claim it as their right except where Invaleds of the Same Companys, present, them Selves of whose Claims Cognizence Shall be taken in the Same maner as is don in the Established Regiment in hke cases by this Scheem every able Bodied man is Uable to Bair arms as a Contnantal Soldier at 18 years of age and its posable that he continue So for Seven year but as the Continal Militia and the established Reg iments wiU not altogath amount to more than ^ of the ratable Poles and not More the tV of those liable to bare arms the Proberbility is that no man will Save more than three year at farthest I have made no Destintion between Rich or Poor in my Calculation in the Formations of the Com panys one reason is because I think the Establish ing a Reguler Militia on Such a Footing is utterly Ohio in the Time of the Confederation 55 Impratable consistent with the Idear of the Purpos of a Standing army in the defence of the Country to give force and spirit to any Measure of this Sort it is Necessry to make it as Simple as posable Besides when we want Men we must look where they are and when money is wanted let us look where it is to be found the Poor man can yeald personal Ser vice, but if this is not Sufficent to answer the objec tion that may be raised on this Head — let each State make provision to equalize the money part upon the Pools and estates of each Company Dis trict, but no [one] is to be excused from yealding the Personal Service required of him unless he provides a Substitute In ordor that they may be always ready to take the Field properly armed and acoutterd on the Shortst Notice and in ordor that they may be per fectly Uniform in their Arms and acoutrement a Sufficient number of Arms &c Shall (at the Expence of the United States) be delivrd to the Col° or Com manding officer of the Regt and deposited Nere the place of randezvos two good chest shall be provided for each Companys arms in which they are to be cearfuUy Secured on the Regiments takeing the field in the month of September the arms to be delivrd to them the Captain or Commanding officer being ac countable for those of his Company as the Colo is for those of his Reg' In ordor to give Life & Motion to this Complex army of Continantal Regular and Militia their must be one Commander in Cheif from whome all orders for the Continantal Militia as well as the Reguler Regiments are Mediately or Immediately to Issue the Same in peace as in time of War 56 Marietta CoUege Historical Collections Their Shall for the Militia Regiment be Six Major Gen' but no Brigadiers & the Col° when in the Field recive Brigadier Subsistence but Colonels pay only the Regt will in point of divs * * as Brigads The inspeter General of the Established Army Should also be So to the Contints Militia and he wiU appoint as many Deputys as may be thought proper to Muster and Inspect the Continantal Militia for the Month they are out and Certifie the Rolls accord ingly which Shall be paid out of the Treasury of the United Stats the Pay Master is to have a proper allowanc f [or] his Servis in obtaining and paying the money to the Men, and the Qr Master for his expence in takeing care repairing Transeporting &c the arms accort- ment &c &c every Soldier is to be charged with any abuses or damage do to his arms or accortments while in his Possestion or loss of ammunition and S[t]opage made on the pay roll agreable to the Judgment of the Field offi[cer] with the Int [crested?] Capt who are at the end of every month to make an Inspection of the Same XI Rufus Putnam's Plan for a Western State (1783)^^ New Windsoe, 16th June, 1783. Sir: — As it is very uncertain how long it may be before the honorable Congress may take the petition 32 This is General Putnam 's letter to Washington accompanying Ohio in the Time of the Confederation 57 of the officers of the army for lands between the Ohio River and Lake Erie into consideration, or be in a situation to decide thereon, the going to Phil adelphia to negotiate the business with any of its members, or committee to whom the petition may be referred, is a measure none of the petitioners will think of undertaking. The part which I have taken in promoting the petition is well known,^^ and there fore needs no apology, when I inform you that the signers expect that I wUl pursue measures to have it laid before Congress. Under these circumstances, I beg leave to put the petition into your Excellency's hands, and ask, with the greatest assurance, your patronage of it. That Congress may not be wholly unacquainted with the motives of the petitioners, I beg your indulgence while I make a few observations on the policy and propriety of granting the prayer of it, and making such arrangements of garrisons in the western quarter as shall give effectual pro tection to the settlers and encourage emigration to the new government, which, if they meet your appro bation, and the favor not too great, I must request your Excellency will give them your support, and cause them to be forwarded with the petition to the President of Congress, in order that when the peti- the Petition of the OflScers at Newburg given in these Collections, i, xxvi-xxviii. With the background of his keen analysis of the mili tary needs of the West given in preceding pages in mind, his presen tation of a western state along the lines of the Pickering or ' ' Army ' ' plan is very interesting, particularly as he goes all other participants one better in forecasting the troubles with Spain on the Mississippi and the second war with England. — Cutler, Manasseh Cutler, i, 167- 172. 33 Chairman of the Newburg petitioners. The reasons for Put nam's selection we have noted, i, xxv. 58 Marietta College Historical Collections tion is taken up. Congress, or their committee, may be informed on what principles the petition is grounded. I am, sir, among those who consider the cession of so great a tract of territory to the United States in the western world as a very happy circumstance and of great consequence to the Amer ican Empire. Nor have I the least doubt but Con gress will pay an early attention to securing the al legiance of the natives, as well as provide for the defense of that country, in case of a war with Great Britain or Spain. One great means of securing the allegiance of the natives, I take to be, the furnishing them such neces saries as they shall stand in need of, and in exchange receiving their furs and skins. They are become so accustomed to the use of firearms, that I doubt if they could gain a subsistence without them, at least they wUl be very sorry to be reduced to the disagree able necessity of using the bow and arrow as the on ly means for killing their game, and so habituated are they to the woolen blanket, etc., that an abso lute necessity alone will prevent their making use of them. This consideration alone is, I think, to prove the necessity of establishing such factories as may furnish an ample supply to these wretched creatures ; for unless they are furnished by the sub jects of the United States, they will undoubtedly seek elsewhere, and like all other people form their attachment where they have their commerce, and then in case of a war, wUl always be certain to aid our enemies. Therefore, if there were no advantages in view but that of attaching them to our interest, I think Ohio in the Time of the Confederation 59 good policy will dictate the measure of carrying on a commerce with these people ; but when we add to this the consideration of the profit arising from the Indian trade in general, there can not, I presume, be a doubt that it is the interest of the United States to make as early provision for the encouragement and protection of it as possible. For these and many other obvious reasons. Congress will, no doubt, find it necessary to establish garrisons at Oswego, Niagara, Miehilimackinac, Illinois, and many other places in the western world. The Illinois and all the posts that shall be estab lished on the Mississippi may undoubtedly be furn ished by way of the Ohio with provisions at aU times, and with goods whenever a war shall interrupt the trade with New Orleans. But in case of a war with Great Britain, unless a communication is open be tween the River Ohio, Lake Erie, Niagara, Detroit, and all posts seated on the Great Lakes will inevi tably be lost without such communication, for a naval superiority on Lake Ontario, or the seizing on Ni agara, will subject the whole country bordering on the lakes to the will of the enemy. Such a misfor tune will put it out of the power of the United States to furnish the natives, and necessity will again oblige them to take an active part against us. Where and how this communication is to be open ed shall next be considered. If Captain Hutchins ^* and a number of other map makers are not out in their calculations, provisions may be sent from the settlements on the south side of the Ohio by the 34 Thomas Hutchins, New Map of the western parts of Virginia, Pennsylvania, Maryland and North Carolina. . . London, 1778. 60 Marietta College Historical Collections Muskingum or Scioto to Detroit, or even to Niagara at a less expense than from Albany by the Mohawk, to those places. To secure such communication (by the Scioto, all circumstances considered, will be the best), let a chain of posts be established.^^ These forts should be built on the bank of the river, if the ground will admit, and about twenty miles distant from each other, and on this plan the Scioto com munication will require ten or eleven stockaded forts, flanked by blockhouses, and one company of men will be a sufficient garrison for each, except the one at the portage, which -will require more attention in the construction and a larger number of men to garrison it ; but, besides supplying the garrisons of the great lakes with provisions, etc., we ought to take into consideration the protection that such an arrangement will give to the frontiers of Virginia, Pennsylvania, and New York. I say New York, as we shall undoubtedly extend our settlements and garrisons from the Hudson to Oswego. This done, and a garrison posted at Niagara, whoever wiU in spect the maps must be convinced that aU the In dians living on the waters of the Mohawk, Oswego, Susquehanna, and Alleghany Rivers, and in all the country south of the Lakes Ontario and Erie, will be encircled in such a manner as will effectually se cure their allegiance and keep them quiet, or oblige them to quit their country. Nor will such an arrangement of posts from the Ohio to Lake Erie be any additional expense, for 35 It was by means of such a chain of forts northward from Fort Washington (Cincinnati) that the conquest of the Northwest was accomplished, 1790-1794. Ohio in the Time of the Confederation 61 unless this gap is shut, notwithstanding the garri sons on the Lakes and from Oswego to the Hudson, yet the frontier settlers on the Ohio by Fort Pitt to the Susquehanna, and all the country south of the Mohawk, will be exposed to savage insult, unless protected by a chain of garrisons, which wUl be far more expensive than the arrangement proposed, and at the same time the protection given to these states wiU be much less complete; besides, we should not confine our protection to the present settlements, but carry the idea of extending them at least as far as the Lakes Ontario and Erie. These Lakes form such a natural barrier that, when connected with the Hudson and Ohio by the garrisons proposed, settlements, in every part of the states of New York and Pennsylvania, may be made with the utmost safety, so that these states must be deeply interested in the measure, as well as Virginia, who will, by the same arrangement, have a great part of its frontiers secured and the rest much strengthened ; nor is there a state in the Union but will be greatly benefited by the measure consid ered in another point of view, for, without any ex pense except a small allowance of purchase money to the natives, the United States will have within their protection 17,500,000 acres of very fine lands to dispose of as they may think proper. But I hasten to mention some of the expectations which the petitioners have respecting the conditions on which they hope to obtain the lands — this was not proper to mention in the body of the petition, especially as we pray for grants to all members of the army who wish to take up lands in that quarter. 62 Marietta College Historical Collections The whole tract is supposed to contain about 17,418,240 acres, and will admit of 756 townships of six miles square, allowing to each township 3,040 acres for the ministry,^^ schools, waste lands, rivers, ponds, and highways; then each township will con tain, of settlers' lands, 20,000 acres, and in the whole, 15,120,000 acres. The land to which the army is entitled by the resolves of Congress referred to in the petition, according to my estimate, wUl amount to 2,106,850 acres, which is about the eighth part of the whole; for the survey of this they ex pect to be at no expense, nor do they expect to be under any obligation to settle these lands, or do any duty to secure their title to them; but, in order tg induce the army to become settlers in the new gov ernment, the petitioners hope Congress will make a further grant of lands, on condition of settlement, and have no doubt but that honorable body wiU be as liberal to aU those who are not provided for by their own states as New York has been to the officers and soldiers who belong to that state, which, if they do, it will require about 8,000,000 of acres to com plete the army, and about 7,000,000 acres wUl remain for sale. That the petitioners, at least some of them, are much opposed to the monopoly of lands, and wish to guard against large patents being grant ed to individuals, as in their opinion such a mode is very injurious to a country, and greatly retards its settlement, and whenever such patents are ten- anted, it throws too much power into the hands of a 36 This is the first public advocacy of reservations in the West in favor of the ministry. This idea was embodied in the Land Ordi nance of 1785 and created the "ministerial lands" reservations. Ohio in the Time of the Confederation 63 few. For these and many other obvious reasons, the petitioners hope no grants will be made but by townships of six mUes square, or six by twelve, or six by eighteen miles, to be subdivided by the pro prietors to six miles square, that being the standard on which they wish all calculations may be made, and that officers and soldiers, as well as those who petition for charters on purchase, may form their associations on one uniform principle, as to number of persons or rights to be contained in a township, with the exception only that, when the grant is made for reward of services already done, or on condition of settlement, if the officers petition with the sol diers for a particular township, the soldiers shall have one right only to a captain's three, and so in proportion with commissioned officers of every grade. These, sir, are the principles which gave rise to the petition under consideration; the petitioners, at least some of them, conceive that sound policy dic tates the measure, and that Congress ought to lose no time in establishing some such chain of posts as has been hinted at, and in procuring the tract of country petitioned for of the natives, for the mo ment this is done, and agreeable terms offered to the settlers, many of the petitioners are determined, not only to become adventurers, but actually to remove themselves to this country ; and there is not the least doubt but other valuable citizens will follow their example, and the probability is that the country be tween Lake Erie and Ohio will be filled with inhabi tants, and the faithful subjects of these United States so established on the waters of the Ohio and 64 Marietta College Historical Collections the lakes as to banish forever the idea of our western territory falling under the dominion of any Euro pean power, the frontier of the old states will be effectually secured from savage alarms, and the new wiU have little to fear from their insults. I have the honor to be, sir, with every sentiment of respect, your Excellency's more obedient and very humble servant, (Signed) Rufus Putnam. Gen. Washington. XII Washington on the Army Petition (1783)" Headquabteks, Newbuegh, June 17, 1783. Sir: — I have the honor of transmitting to your Excellency, for the consideration of Congress, a petition from a large number of officers of the army, in behalf of themselves and such other officers and soldiers of the continental army as are entitled to rewards in lands, and may choose to avaU them selves of any privileges and grants which may be obtained in consequence of the present solicitation. I inclose also the copy of a letter from Brig.-Gen- eral Putnam, in which the sentiments and expecta tions of the petitioners are more fully explained, and in which the ideas of occupying the posts in the western country wiU be found to correspond very 37 Washington's letter to the President of the Contiaental Con gress accompanying the Officers' Petition received by him from Gen eral Putnam. — The original is found in W. 0. Ford, Writings of Washington, X, 267. Ohio in the Time of the Confederation 65 nearly with those I have some time since communi cated to a committee of Congress, in treating of the subject of a peace establishment. I will beg leave to make a few more observations on the general ben efits of the location and settlement now proposed, and then submit the justice and policy of the meas ure to the wisdom of Congress. Although I pretend not myself to determine how far the district of unsettled country, which is de scribed in the petition, is free from the claim of every state, or how far this disposal of it may in terfere with the views of Congress, yet it appears to me that this is the tract which, from local position and peculiar advantages, ought to be first settled in preference to any other whatever ; and I am perfect ly convinced that it can not be so advantageously settled by any other class of men, as by disbanded officers and soldiers of the army, to whom the faith of government hath long since been pledged, that lands should be granted at the expiration of the war in certain proportions, agreeably to their respective grades. I am induced to give my sentiments thus freely on the advantages to be expected from this plan of colonization, because it would connect our govern ments with the frontiers, extend our settlements progressively, and plant a brave, a hardy, and re spectable race of people as our advanced post, who woidd be always ready and wilUng (in case of hos tility) to combat the savages and check their incur sions. A settlement formed by such men would give security to our frontiers; the very name of it would awe the Indians, and more than probably 66 Marietta College Historical Collections prevent the murder of many innocent families, which frequently, in the usual mode of extending our set tlements and encroachments on the hunting grounds of the natives, fall the hapless victims to savage barbarity. Beside the emoluments which might be derived from the peltry trade at our factories, if such should be established, the appearance of so for midable a settlement in the vicinity of their towns (to say nothing of the barrier it would form against our other neighbors) would be the most likely means to enable us to purchase, upon equitable terms, of the aborigines, their right of pre-occupancy, and to induce them to relinquish our territories, and to re move into the UUmitable regions of the west. Much more might be said of the public utility of such a location, as well as of the private felicity it would afford to the individuals concerned in it. I wiU venture to say it is the most rational and prac ticable scheme which can be adopted by a great pro portion of the officers and soldiers of our army, and promises them more happiness than they can ex pect in any other way. The settlers being in the prime of life, inured to hardship, and taught by experience to accommodate themselves in every sit uation, going in a considerable body, and under the patronage of government, would enjoy in the first instance advantages in procuring subsistence, and all the necessaries for a comfortable beginning, su perior to any common class of emigrants, and quite unknown to those who have heretofore extended themselves beyond the Appalachian Mountains. They may expect, after a little perseverance, compe tence and independence for themselves, a pleasant Ohio in the Time of the Confederation 67 retreat in old age, and the fairest prospects for their children. I have the honor to be, with great consideration. Your Excellency's most obedient servant, (Signed) Geoege Washington. His Excellency, the Peesident of Congeess. XIII Washington on a Western State (1783)'' From the best information and maps of that [western] country it woiUd appear, that the terri tory from the mouth of the Great Miami River, which empties into the Ohio, to its confluence with the Mad River, thence by a line to the Miami fort and vUlage on the other Miami River, which empties into Lake Erie, and thence by a line to include the settlement of Detroit, would, with Lake Erie to the northward, Pennsylvania to the eastward, and the Ohio to the southward, form a government sufficient ly extensive to fulfil all the public engagements, and to receive moreover a large population by emi grants; and to confine the settlement of the new State within these bounds would, in my opinion, be infinitely better, even supposing no disputes were to happen with the Indians, and that it was not necessary to guard against these other evils that have been enumerated, than to suffer the same num ber of people to roam over a country of at least five 38 Extract from a letter to James Duane dated Rocky Hill, Sep tember 7, 1783. — Original in W. C. Ford, Writings of Washington, X, 310. 68 Marietta College Historical Collections hundred thousand square mUes, contributing noth ing to the support, but much perhaps to the embar rassment, of the federal government. Were it not for the purpose of comprehending the settlement of Detroit within the jurisdiction of the new government, a more compact and better shaped district for a State would be, for the Une to proceed from the Miami fort and village along the river of that name to Lake Erie ; leaving in that case the set tlement of Detroit, and all the territory north of the rivers Miami and St. Joseph's between the Lakes Erie, St. Clair, Huron, and Michigan to form here after another State equally large, compact, and water-bounded. At first view it may seem a little extraneous, when I am called on to give an opinion upon the terms of a peace proper to be made with the Indians, that I should go into the formation of new States. But the settlement of the western country, and making a peace with the Indians, are so analogous, that there can be no considerations of the one, without involv ing those of the other ; for, I repeat it again, and I am clear in my opinion, that policy and economy point very strongly to the expediency of being upon good terms with the Indians, and the propriety of purchasing their lands in preference to attempting to drive them by force of arms out of their country ; which, as we have already experienced, is like driving the wild beasts of the forest, which will return as soon as the pursuit is at an end, and fall perhaps upon those that are left there; when the gradual extension of our settlements wUl as certainly cause the savage, as the wolf, to retire ; both being animals Ohio in the Time of the Confederation 69 of prey, though they differ in shape. In a word, there is nothing to be obtained by an Indian war, but the soil they live on, and this can be had by purchase at less expense, and without that bloodshed and those distresses, which helpless women and children are made partakers of in all kinds of disputes with them. XIV David Howell on Western States (1784)'" There are at present many great objects before Congress, but none of more importance, or which engage my attention more than that of the Western territory . . . The western world opens an amazing prospect as a national fund, in my opinion; it is equal to our debt. As a source of future population and strength, it is a guaranty to our independence. As its inhab itants will be mostly cultivators of the soil, repub licanism looks to them as its guardians. When the states on the eastern shores, or Atlantic, shall have become populous, rich and luxurious, and ready to yield their liberties into the hands of a tyrant, the gods of the mountains will save us, for they wUl be stronger than the gods of the valleys. Astraea will take her flight from the tops of the Alle ghany when she leaves the New World. It is proposed to divide the country into fourteen new states, in the following manner. There are to 39 Extract from a letter -written by David Howell to Jonathan Arnold, dated Annapolis, February 21, 1784. — W. R. Staples, Rhode Island in the Continental Congress, 478-482. 70 Marietta College Historical Collections be three tiers of states: — One on the Atlantic, one on the Mississippi; and a middle tier. The middle tier is to be the smallest, and to form a balance be twixt the two more powerful ones. The western tier of states is to be bounded eastwardly by a meridianal line drawn through the lowest point of the rapids of the river Ohio, and the eastern tier is to be bounded westwardly by a meridianal line drawn through the west cape of the mouth of the great *" from Lake Erie to the north boundary of South Carolina, where the middle tier of states ends, and permits South Carolina and Georgia to run west to the first mentioned meridianal line, as their Atlantic coast falls off west. The new states are each of them to contain two degrees of latitude, and what lies above the forty- seventh degree is to be added to the state adjoining south. The district lying east of the meridian of [blank] and west of Pennsylvania, is to make a state by itself. If you trace the aforegoing lines on a map, the whole scheme will readily appear. The mode of government, during the infancy of these states, has taken up much time, and was largely debated at Princeton last summer. On this head the committee have agreed to report in substance, as f oUows : — As settlers will always readily know in which of the states they are, for the states are to be named as well as numbered, when a number of settlers shall have planted themselves in any particular state, either on their petition, or the order of Congress, they are to hold a general meeting of aU the free *o Great Kanawha. Ohio in the Time of the Confederation 71 males, and to chose, out of all the constitutions of the present thirteen states, one constitution, and to adopt the laws of such state also, which are to be subject to alterations by their ordinary legislature. They are also, in this first and general meeting, to divide the State into counties or towns, for the choice of their legislature; and this government is to be originated among them. From this period they are to be subject to pay a quota of taxes by the same rule as the other states, and they are to have a setting member in Congress, with a right of debating but not of voting. This is the first stage. After the settlers in any such state shall consist of [blank] souls, the free males shall have a right to call a con vention, and to form a constitution for themselves, which is to be permanent, of the republican form, and agreeable to the spirit of the Confederation. This is the second stage. After the settlers in any such state shall consist of a number of souls equal to the least numerous of the thirteen original states, such state shall be ad mitted as a member in full of the Federal Union, and vote as well as debate, on subscribing to the Articles of Confederation. The committee have also agreed to report that the new states be laid off under the foUowing express stipulations or perpetual covenants betwixt them and the present states : — 1. They shall always remain within the United States and be considered as part thereof. 2. They shall assume on themselves a propor tional part of the national debt at the time, and be bound, in due time, to subscribe to all the Articles of 72 Marietta College Historical Collections Confederation, as they may then be, and to become members of the Federal Union. 3. After the year 1800, there shall be no slavery in any of the said states, nor involuntary servitude other than as punishment for crimes." 4. No citizen thereof shall hold any hereditary title, nor shall any person holding such title, or or der, be capable of becoming a citizen of any such state without a previous renunciation thereof. About the most elegible mode of disposing of these lands, there are various opinions. It has been the custom of the southern states to issue warrants from a land office. The person taking the warrant has to look for unlocated lands to cover with his warrant, of which he makes a return. In this way the good land is looked out and seized on first, and land of little value and in all shapes, left in the hands of the public. But this, I am told, soon rises in value, and is bought by the holders of the adjacent good lands, in their own defence. In the eastern states as you well know, the custom has been to sell a township by bonds, or certain lots taken fiush, good and bad together, and to pass out settlements in compact columns. The measure to be finally adopted on this head must be the result of mutual concession; and what they will be remains quite uncertain. Whether our general land-office ought to be opened — one in each state — is a question undecided, there being different opinions among the members present. But the prices *i This is the first phrasing of the famous aiiti-sla;very clause which was incorporated into the Ordinance of 1784 as originally drafted. Ohio in the Time of the Confederation 73 of the land is the chief question, after all. If the liberties of this country are preserved, it will, in my humble opinion, be done by paying and not by fund ing the national debt. I am, therefore, of opinion with those who are for making the most of what we have to carry the market. I find the public creditors are very apprehensive that Congress wUl set a high price on their lands. We are told of the immense tracts of land the par ticular states have to dispose of, and of the lands at the disposal of the British Crown adjoining their water boundary, which it wUl be their interests not only to give away, but to hire people to settle on, in order to preserve their fur trade. A Major Gen eral, a few days ago, told me that he did not think our land would fetch us above an eighth of a dollar per acre. I replied by asking if his conscience would let him take eighty thousand acres of that land for his commutation only, (for it would come to so much nearly,) when no nation, not even the British, ever gave any general officers more than a colonel's half- pay. Some are of the opinion, that it would be policy to throw aU our western coimtry into a bank and sell it out as bank stock ; the stockholders to choose a com pany of directors, and to make the most of their property. But in my opinion, this would be of too great magnitude to be effected in this country. It might be more practicable in an ancient and wealthy country, such as England or France. Such was the Mississippi scheme in France, which paid the public debt, though it ruined individuals. 74 Marietta College Historical Collections XV Ordinance of 1784*'^ By the UNITED STATES in CONGRESS As sembled AprU 23, 1784 RESOLVED, That so much of the territory ceded, or to be ceded by individual states, to the United States, as is al ready purchased, or shall be purchased, of the In dian inhabitants, and offered for sale by Congress, shall be divided into distinct states in the following manner, as nearly as such cessions will admit; that is to say, by parallels of latitude, so that each state shall comprehend from north to south two degrees of latitude, beginning to count from the completion of forty-five degrees north of the equator; and by meridians of longitude, one of which shall pass through the western cape of the mouth of the great Kanhaway: but the territory eastward of this last meridian, between the Ohio, lake Erie, and Pennsyl vania, shall be one state, whatsoever may be its com prehension of latitude. That which may lie beyond the completion of the forty-fifth degree between the said meridians shall make part of the state adjoining it on the south ; and that part of the Ohio, which is between the same meridians coinciding nearly with the parallel of thirty-nine degrees, shall be substi tuted so far in lieu of that parallel as a boundary line. That the settlers on any territory so purchased 42a This is copied from a broadside printed by order of Congress and agrees textually with the ordinance as printed in the Journals of Congress. But in the Journal, no words are all Caps and the designations 1st, 2d, &c are given thus (not written out). Ohio in the Time of the Confederation 75 and offered for sale, shall, either on their own peti tion, or on the order of Congress, receive authority from them, with appointments of time and place, for their free males of full age, within the limits of their state, to meet together, for the purpose of establish ing a temporary government, to adopt the constitu tion and laws of any one of the original states; so that such laws nevertheless shall be subject to alter ation by their ordinary legislature ; and to erect, sub ject to a like alteration, counties, townships, or oth er divisions, for the election of members for their legislature. That when any such state shall have acquired twenty thousand free inhabitants, on giving due proof thereof to Congress, they shall receive from them authority, with appointments of time and place, to call a convention of representatives, to es tablish a permanent constitution and government for themselves. Provided that both the temporary and permanent governments be established on these principles as their basis: FIRST. That they shall for ever remain a part of this confederacy of the United States of America. SECOND. That they shall be subject to the arti cles of confederation in all those cases in which the original states shall be so subject; and to all the acts and ordinances of the United States in Con gress assembled, conformable thereto. THIRD. That they in no case shall interfere with the primary disposal of the soil by the United States in Congress 'assembled; nor with the ordi nances and regulations which Congress may find necessary for securing the title in such soil to the bona fide purchasers. 76 Marietta CoUege Historical Collections FOURTH. That they shall be subject to pay a part of the federal debts contracted or to be con tracted ; to be apportioned on them by Congress, ac cording to the same common rule and measure by which apportionments thereof shall be made on the other states. FIFTH. That no tax shaU be imposed on lands, the property of the United States. SIXTH. That their respective governments shall be republican. SEVENTH. That the lands of non-resident pro prietors shaU, in no case, be taxed higher than those of residents within any new state, before the ad mission thereof to a vote by its delegates in Con gress. That whensoever any of the said states shall have, of free inhabitants, as many as shall then be in any one, the least numerous, of the thirteen orig inal states, such state shall be admitted by its del egates into the Congress of the United States, on an equal footing with the said original states ; pro vided the consent of so many states in Congress is first obtained as may at the time be competent to such admission. And in order to adapt the said articles of confederation to the state of Congress, when its number shall be thus increased, it shall be proposed to the legislatures of the states, originally parties thereto, to require the assent of two-thirds of the United States Congress assembled, in all those cases wherein, by the said articles, the assent of nine states is now required, which being agreed to by them, shall be binding on the new states. Un til such admission by their delegates into Congress, Ohio in the Time of the Confederation 77 any of the said states, after the establishment of their temporary government, shall have authority to keep a member in Congress, with a right of de bating, but not of voting. That measures not inconsistent with the principles of the confederation, and necessary for the preser vation of peace and good order among the settlers, in any of the said new states, until they shall assume a temporary government as aforesaid, may, from time to time, be taken by the United States in Con gress assembled. That the preceding articles shall be formed into a charter of compact ; shall be duly executed by the president of the United States in Congress assem bled, under his hand, and the seal of the United States; shall be promulgated; and shall stand as fundamental constitutions between the thirteen orig inal states, and each of the several states now newly described, unalterable from and after the sale of any part of the territory of such state, pursuant to this resolve, but by the joint consent of the Uni ted States in Congress assembled, and of the par- ticiUar state within which such alteration is pro posed to be made. XVI Treaty of Port McIntosh (1785)*' Articles of a treaty concluded at fort M'Intosh, the twenty-first day of January, one thousand seven 43 Prom American State Papers, v, Indian Affairs, i, 11. By the Treaty of Fort Mcintosh the southeastern three-quarters of what is 78 Marietta College Historical Collections hundred and eighty-five, between the commissioners plenipotentiary of the United States of America, of the one part, and the sachems and warriors of the Wyandot, Delaware, Chippewa, and Ottawa nations, of the other. The commissioners plenipotentiary of the United States, in Congress assembled, give peace to the Wyandot, Delaware, Chippewa, and Ottawa nations of Indians, on the following conditions : ARTICLE 1. Three chiefs, one from among the Wyandot, and two from among the Delaware nations, shall be deUvered up to the commissioners of the United States, to be by them retained till all the prisoners, white and black, taken by the said nations, or any of them, shall be restored. ARTICLE 2. The said Indian nations do ac knowledge themselves and all their tribes to be under the protection of the United States, and of no other sovereign whatsoever. ARTICLE 3. The boundary line between the United States and the Wyandot and Delaware na tions, shall begin at the mouth of the river Cayahoga, and run thence, up the said river, to the portage between that and the Tuscarawas branch of Mus kingum; then down the said branch to the forks at the crossing place above fort Lawrence ;" then wes terly to the portage of the Big Miami, which runs into the Ohio, at the mouth of which branch the fort stood, which was taken by the French in one thou- now Ohio was ceded to the United States by the four Indian nations claiming that region. This step made possible the passing of the Land Ordinance by Congress later in the year. ** Fort Laurens near Bolivar, Ohio. Ohio in the Time of the Confederation 79 sand seven hundred and fifty-two; then along the said portage to the Great Miami or Omie river, and down the southeast side of the same to its mouth; thence, along the south shore of lake Erie, to the mouth of Cayahoga, where it began. ARTICLE 4. The United States allot all the lands contained within the said lines to the Wyandot and Delaware nations, to live and to hunt on, and to such of the Ottawa nation as now live thereon ; sav ing and reserving for the establishment of trading posts, six miles square at the mouth of Miami or Omie river, and the same at the portage on that branch of the Big Miami which runs into the Ohio, and the same on the lake of Sandusky, where the fort formerly stood, and also two miles square on each side of the lower rapids of Sandusky river, which posts, and the lands annexed to them, shall be to the use and under the government of the United States. ARTICLE 5. If any citizen of the United States, or other person, not being an Indian, shall attempt to settle on any of the lands allotted to the Wyandot and Delaware nations in this treaty, except on the lands reserved to the United States in the preceding article, such person shall forfeit the protection of the United States, and the Indians may punish him as they please. ARTICLE 6. The Indians who sign this treaty, as well in behalf of all their tribes as of themselves, do acknowledge the lands east, south, and west, of the lines described in the third article, so far as the said Indians formerly claimed the same, to belong to the United States; and none of their tribes shall presume to settle upon the same, or any part of it. 80 Marietta CoUege Historical Collections ARTICLE 7. The post of Detroit, with a district, beginning at the mouth of the river Rosine, on the west end of lake Erie, and running west six miles up the southern bank of the said river, thence northerly and always six miles west of the strait, tUl it strikes the lake St. Clair, shall be also reserved to the sole use of the United States. ARTICLE 8. In the same manner, the post at MichiUmackinac, with its dependencies, and twelve miles square about the same, shall be reserved to the use of the United States. ARTICLE 9. If any Indian or Indians shall com mit a robbery or murder on any citizen of the United States, the tribe to which such offenders may belong, shall be bound to deliver them up at the nearest post, to be punished according to the ordinances of the United States. ARTICLE 10. The commissioners of the United States, in pursuance of the humane and liberal views of Congress, upon this treaty's being signed, will direct goods to be distributed among the different tribes for their use and comfort. SEPARATE ARTICLE It is agreed that the Delaware chiefs, Kelelamand, or Colonel Henry, Hengue Pushees, or the Big Cat, WicocaUnd, or Captain White Eyes, who took up the hatchet for the United States, and their famiUes, shall be received into the Delaware nation, in the same situation and rank as before the war, and enjoy their due portions of the lands given to the Wyandot and Delaware nations in this treaty, as fully as if Ohio in the Time of the Confederation 81 they had not taken part with America, or as any other person or persons in the said nations. GEO CLARK, RICHARD BUTLER, ARTHUR LEE.« [Signed by the sachems and warriors of the Wyan dot, Delaware, Chippewa, and Ottawa nations of Indians.] XVII Land Ordinance of 1785*' May 20, 1785 An ordinance for ascertaining the mode of dis posing of lands in the Western Territory. Be it ordained by the United States in Congress assembled, that the territory ceded by individual states to the United States, which has been pur chased of the Indian inhabitants, shall be disposed of in the following manner : 45 This Commission, consisting of George Rogers dark. General Butler, and Arthur Lee, member of the U. S. Board of Treasury, ex ercised the first powers of the National Government in the Old North west. Created primarily to make and enforce an Indian treaty, they also served as the agent of the government to preserve inviolate the ceded region from the encroachment of "squatters" until the gov ernment could carry out the survey-before-sale township system de termined by the Land Ordinance now about to be passed by Congress (Doc. xvii). It was this Commission that authorized the uprooting of the squatter settlements on the western shore of the Ohio on Janu ary 24th, three days after this treaty was signed. — W. H. Smith, The St. Clair Papers, ii, 3, n. 46 Journals of Congress, iv, 520. 82 Marietta CoUege Historical Collections A surveyor from each state shall be appointed by Congress, or a committee of the states, who shall take an oath for the faithful discharge of his duty, before the geographer of the United States, who is hereby empowered and directed to administer the same ; and the like oath shall be adnunistered to each chain carrier, by the surveyor under whom he acts. The geographer, under whose direction the sur veyors shall act, shall occasionally form such regu lations for their conduct, as he shall deem neces sary ; and shall have authority to suspend them for misconduct in office, and shall make report of the same to Congress, or to the committee of the states ; and he shall make report in case of sickness, death, or resignation of any surveyor. The surveyors, as they are respectively qualified, shall proceed to divide the said territory into town ships of 6 miles square, by lines running due north and south, and others crossing these at right angles, as near as may be, unless where the boundaries of the late Indian purchases may render the same im practicable, and then they shall depart from this rule no farther than such particular circumstances may require. And each surveyor shall be allowed and paid at the rate of two dollars for every mile, in length, he shall run, including the wages of chain carriers, markers, and every other expense attend ing the same. The first line, running north and south as afore said, shall begin on the river Ohio, at a point that shall be found to be due north and south from the western termination of a line, which has been run as the southern boundary of the state of Pennsyi- Ohio in the Time of the Confederation 83 vania ; and the first line, running east and west, shall begin at the same point, and shaU extend throughout the whole territory ; provided, that noth ing herein shall be construed, as fixing the western boundary of the state of Pennsylvania. The geo grapher shall designate the townships, or fractional parts of townships, by numbers progressively from south to north; always beginning each range with No. 1 ; and the ranges shall be distinguished by their progressive numbers to the westward. The first range, extending from the Ohio to lake Erie, being marked No. 1. The geographer shall personally attend to the running of the first east and west line ; and shall take the latitude of the extremes of the first north and south line, and of the mouths of the principal rivers. The lines shall be measured with a chain ; shall be plainly marked by chaps on the trees, and exactly described on a plat; whereon shall be noted by the surveyor, at their proper distances, all mines, salt- springs, salt-licks and mill-seats, that shall come to his knowledge ; and all water-courses, mountains and ether remarkable and permanent things, over and near which such lines shall pass, and also the qual ity of the lands. The plats of the townships respectively, shall be marked by subdivisions into lots of one mile square, or 640 acres, in the same direction as the external lines, and numbered from 1 to 36 ; always beginning the succeeding range of the lots with the number next to that with which the preceding one concluded. And where, from the causes before mentioned, only a fractional part of a township shall be surveyed. 84 Marietta College Historical Collections the lots, protracted thereon, shall bear the same numbers as if the township had been entire. And the surveyors, in running the external lines of the townships, shall, at the interval of every mile, mark corners for the lots which are adjacent, always des ignating the same in a different manner from those of the townships. The geographer and surveyors shall pay the ut most attention to the variation of the magnetic nee dle ; and shall run and note all lines by the true mer idian, certifying, with every plat, what was the varia tion at the time of running the Unes thereon noted. As soon as 7 ranges of townships, and fractional parts of townships, in the direction from south to north, shall have been surveyed, the geographer shall transmit plats thereof to the board of treas ury, who shall record the same, with the report, in well bound books to be kept for that purpose. And the geographer shall make similar returns, from time to time, of every 7 ranges as they may be sur veyed. The secretary at war shall have recourse thereto, and shall take by lot therefrom, a number of townships, and fractional parts of townships, as well from those to be sold entire, as from those to be sold in lots, as will be equal to one-seventh part of the whole of such 7 ranges, as nearly as may be, for the use of the late continental army; and he shall make a similar draught, from time to time, until a sufficient quantity is drawn to satisfy the same, to be applied in manner hereinafter directed. The board of treasury shall, from time to time, cause the remaining numbers, as well those to be sold en tire, as those to be sold in lots, to be drawn for, in Ohio in the Time of the Confederation 85 the name of the thirteen states respectively, ac cording to the quotas in the last preceding requisi tion on all the states; provided, that in case more land than its proportion is allotted to sale, in any state, at any distribution, a deduction be made there for at the next. The board of treasury shall transmit a copy of the original plats, previously noting thereon, the town ships, and fractional parts of townships, which shall have fallen to the several states, by the distribution aforesaid, to the commissioners of the loan-office of the several states, who, after giving notice of not less than two nor more than six months, by causing advertisements to be posted up at the court-houses, or other noted places in every county, and to be inserted in one newspaper, published in the states of their residence respectively, shall proceed to sell the townships, or fractional parts of townships, at public vendue; in the following manner, viz: The township, or fractional part of township No. 1, in the first range, shall be sold entire; and No. 2, in the same range, by lots ; and thus in alternate order through the whole of the first range. The township, or fractional part of a township. No. 1 in the second range, shaU be sold by lots ; and No. 2, in the same range, entire ; and so in alternate order through the whole of the second range ; and the third range shall be sold in the same manner as the first, and the fourth in the same manner as the second, and thus alternately throughout all the ranges; provided, that none of the lands, within the said territory, be sold under the price of one dollar the acre, to be paid in specie, or loan-office certificates, reduced to 86 Marietta College Historical Collections specie value, by the scale of depreciation, or certifi cates of liquidated debts of the United States, in cluding interest, besides the expense of the survey and other charges thereon, which are hereby rated at 36 dollars the township, in specie, or certificates as aforesaid, and so in the same proportion for a fractional part of a township, or of a lot, to be paid at the time of sales; on failure of which payment, the said lands shall again be offered for sale. There shall be reserved for the United States out of every township, the four lots, being numbered 8, 11, 26, 29, and out of every fractional part of a township, so many lots of the same numbers as shall be found thereon, for future sale. There shall be re served the lot No. 16, of every township, for the maintenance of public schools, within the said town ship ; also one third part of all gold, sUver, lead and copper mines, to be sold, or otherwise disposed of as Congress shall hereafter direct. When any township, or fractional part of a town ship, shall have been sold as aforesaid, and the money or certificates received therefor, the loan- officer shall deliver a deed in the following terms : The United States of America, to aU to whom these presents shall eome, greeting: Know ye. That for the consideration of doUars, we have granted, and hereby do grant and confirm unto the township, (or fractional part of a township, as the case may be) numbered in the range excepting therefrom, and reserving one- third part of all gold, silver, lead and copper mines within the same ; and the lots No. 8, 11, 26, and 29, for future sale or disposition, and the lot No. 16, Ohio in the Time of the Confederation 87 for the maintenance of public schools. To have to the said his heirs and assigns for ever; (or if more than one purchaser, to the said their heirs and assigns forever as tenants in common.) In witness whereof, A. B. commissioner of the loan- office, in the state of hath, in conformity to the ordinance passed by the United States in Con gress assembled, the 20th day of May, in the year of our Lord 1785, hereunto set his hand, and affixed his seal, this day of in the year of our Lord and of the independence of the United States of America And when any township, or fractional part of a township, shall be sold by lots as aforesaid, the commissioner of the loan-office shall deliver a deed therefor in the following form: The United States of America, to all to whom these presents shall come, greeting: Know ye. That for the consideration of dol lars, we have granted, and hereby do grant and confirm unto the lot (or lots, as the case may be, in the township, or fractional part of the town ship, as the case may be) numbered in the range excepting and reserving one-third part of all gold, silver, lead and copper mines within the same, for future sale or disposition. To have to the said his heirs and assigns forever; (or if more than one purchaser, to the said their heirs and assigns for ever as tenants in common.) In witness whereof, A. B. commissioner of the con tinental loan-office in the state of hath, in conformity to the ordinance passed by the United States in Congress assembled, the 20th day of May, 88 Marietta College Historical Collections in the year of our Lord 1785, hereunto set his hand, and affixed his seal, this day of in the year of our Lord and of the independence of the United States of America Which deeds shall be recorded in proper books, by the commissioner of the loan office, and shall be certified to have been recorded, previous to their being delivered to the purchaser, and shall be good and valid to convey the lands in the same described. The commissioners of the loan-offices respective ly, shaU transmit to the board of treasury every three months, an account of the townships, fraction al parts of townships, and lots committed to their charge, specifying therein the names of the persons to whom sold, and the sums of money or certificates received for the same ; and shall cause all certificates by them received, to be struck through with a cir cular punch; and they shall be duly charged in the books of the treasury, with the amount of the moneys or certificates, distinguishing the same, by them re ceived as aforesaid. If any township, or fractional part of a township, or lot, remains unsold for 18 months after the plat shall have been received, by the commissioners of the loan-office, the same shall be returned to the board of treasury, and shall be sold in such manner as Congress may hereafter direct. And whereas Congress, by their resolutions of September 16th and 18th, in the year 1776, and the 12th of August, 1780, stipulated grants of lands to certain officers and soldiers of the late continental army, and by the resolution of the 22d September, 1780, stipulated grants of land to certain officers in Ohio in the Time of the Confederation 89 the hospital department of the late continental army ; for complying therefore with such engagements. Be it ordained. That the secretary at war, from the re turns in his office, or such other sufficient evidence as the nature of the case may admit, determine who are the objects of the above resolutions and engage ments, and the quantity of land to which such per sons or their representatives are respectively en titled, and cause the townships, or fractional parts of townships, hereinbefore reserved for the use of the late continental army, to be drawn for in such manner a? he shall deem expedient, to answer the purpose of an impartial distribution. He shall, from time to time, transmit certificates to the commis sioners of the loan offices of the different states, to the lines of which the military claimants have re spectively belonged, specifying the name and rank of the party, the terms of his engagement and time of his service, and the division, brigade regiment or company to which he belonged, the quantity of land he is entitled to, and the township, or fractional part of a township, and range out of which his portion is to be taken. The commissioners of the loan-offices shall exe cute deeds for such undivided proportions in manner and form herein before-mentioned, varying only in such a degree as to make the same conformable to the certificate from the secretary at war. Where any military claimants of bounty in lands shall not have belonged to the line of any particular state, similar certificates shall be sent to the board of treasury, who shall execute deeds to the parties for the same. 90 Marietta CoUege Historical Collections The secretary at war, from the proper returns, shall transmit to the board of treasury, a certifi cate, specifying the name and rank of the several claimants of the hospital department of the late con tinental army, together with the quantity of land each claimant is entitled to, and the township, or fractional part of a township, and range out of which his portion is to be taken ; and thereupon the board of treasury shall proceed to execute deeds to such claimants. The board of treasury, and the commissioners of the loan-offices in the states, shall, within 18 months, return receipts to the secretary at war, for all deeds which have been delivered, as also all the original deeds which remain in their hands for want of ap plicants, having been first recorded ; which deeds so returned, shall be preserved in the office, until the parties or their representatives require the same. And be it further ordained. That three townships adjacent to lake Erie be reserved, to be hereafter disposed of by Congress, for the use of the officers, men, and others, refugees from Canada, and the refugees from Nova-Scotia, who are or may be en titled to grants of land under resolutions of Con gress now existing, or which may hereafter be made respecting them, and for such other purposes as Congress may hereafter direct. And be it further ordained, That the towns of Gnadenhuten, Schoenbrun and Salem, on the Mus kingum, and so much of the land adjoining to the said towns, with the buildings and improvements thereon, shall be reserved for the sole use of the Christian Indians, who were formerly settled there. Ohio in the Time of the Confederation 91 or the remains of that society, as may, in the judg ment of the geographer, be sufficient for them to cultivate. Saving and reserving always, to all officers and soldiers entitled to lands on the northwest side of the Ohio, by donation or bounty from the comnion- wealth of Virginia, and to all persons claiming under them, all rights to which they are so entitled, under the deed of cession executed by the delegates for the state of Virginia, on the first day of March, 1784, and the act of Congress accepting the same: and to the end, that the said rights may be fully and effectually secured, according to the true intent and meaning of the said deed of cession and act aforesaid. Be it ordained, that no part of the land included between the rivers eaUed Little Miami and Sciota, on the northwest o£,the river Ohio, be sold, or in any man ner alienated, until there shall first have been laid off and appropriated for the said officers and sol diers, and persons claiming under them, the lands they are entitled to, agreeably to the said deed of cession and act of Congress accepting the same. Done by the United States in Congress assembled, the 20th day of May, in the year of our Lord 1785, and of our sovereignty and independence the ninth. Charles Thompson, Secretary. RICHARD H. LEE, President PART TWO Ohio in the Papers of the Continental Congress " XVIII Colles' Petition to Improve Ohio River Navi gation (1783)*^ To the Honourable the Delagates of the United States of America in Congress assembled. The humble Petition of Christopher Colles Sheweth, That your petitioner from a consideration of the vast extent of the interior parts of this rising Em pire is of opinion that a source of wealth & greatness must speedily be open'd to this fertile country, if the natural defects were removed by art, & the water carriage improved by Inland Navigations. That by a careful examination of Cap" Hutchins 's 47 The following miscellaneous documents from the Papers of the Continental Congress in the Library of Congress throw light on various phases of Ohio Valley history in the years 1783-1787, par ticularly on the activities of Thomas Hutchins and his assistants who were surveying the Seven Ranges and on the people south and west of the Ohio who desired land in what are now Ohio and Indiana. Under this general title were filed all communications, petitions and reports made to Congress; they are to be distinguished from the Journals of Congress which comprise the reports of proceedings and have been published. 48 From the Papers of the Continental Congress, No. 42, ii, 168. Christopher Colles (1738-1816), eminent Irish-American engineer, was publicly advocating canal lock-navigation as early as 1772; was prominent in urging New York State to improve the Mohawk route to Lake Erie by showing in 1784 the commercial advantages to be derived, using the same argument as he here uses with Congress, con cerning western trade. Ohio in the Time of the Confederation 93 new Map of the River Ohio, the Book which he has pubUshed,** & from other information which your petitioner has receiv'd it appears, that that great river is now navigable for large flat bottom boats from Fort Pitt to the Ocean, except a small distance (not more than half a mile) where the Navigation is obstructed with such rapids as render it very danger ous for any vessels to pass down, except at the time of the floods which last but a very inconsiderable part of the year.^° That your Petitioner is of opinion that the expence of improving the Navigation of these rapids (in the manner practiced in England & other parts of Eu rope) is perfectly inconsiderable when compared with the vast advantage which would result from putting such a design in Execution; & it appears to him that nothing can contribute to populate all the upper part of that great & extensive country so much, as the prosecution of this business. That your Petitioner begs leave to observe that the Kentuck river falls into the Ohio Seventy miles above these Rapids, & he is therefore clearly of opin ion that the numerous settlers in these parts would have their property much advanced by this under taking. — Your petitioner also apprehend that many other advantages may be directly & speedily obtain 'd by the prosecution of this design, a design which for the 49 " A map of the country on the Ohio & Muskingum rivers shew ing the situation of the Indian to-wns with respect to the army under the command of Colonel Bouquet." In An Historical Account of the Expedition against the Ohio Indiahs in the Tear 1764. Phila., 1765. 50 ' ' The Falls ' ' at Louisville, Ky. 94 Marietta CoUege Historical Collections facility of its execution may be only considered as an essay, but for the extent of its consequences high ly beneficial, as it would improve an extent of coun try fuU 700 Miles in Diameter, — by a further prose cution may extend its influence to Lake Erie, & will most certainly spread the luxurious branches of com merce to an amazing distance on all points of the compass. — Your Petitioner begs leave to observe that it is highly probable many useful communications may be made hereafter between the head branches of the Monongahela & Allegany, & some of the upper waters of the Potomack & Susquehanna, whereby a great trade may be drawn from these parts to the settled parts of this country : But the execution of these design when duly consider 'd wUl be found to cost more than the design before mentioned, or the country can now afford. — Your Petitioner therefore prays that your honours will take the premisses into consideration & make him a Grant of Lands on the Rapids of Ohio, for which he will make such payment as are usuaUy al lowed for other crown lands, & he will engage to for ward the proposed improvement with all possible speed, & will make application to proper authority for a Law to estabUsh a Company, & to regulate the Tolls, for the passage of vessels thro these works. And your Petitioner will Pray. Christopher Colles. [Indorsed:] Petition of Christ. CoUes for facilitating the naviga tion of Ohio. — Read July 4. 1783.— Ohio in the Time of the Confederation 95 XIX Petition to Settle Ohio Lands (1784)" To the Honourable Congress of the United States of America now sitting at Trenton — The humble petition of the Inhabitants residing near the Ohio River and frontiers of the States of Pennsylvania and Virginia, having flattered our selves with the pleasing hopes that when the Lands were disposed of on the other side of the Ohio River, that we should meet with every Indulgence in par ticular that of Locating of Lands and time allowed us for the payment of the monies for S* Lands, but to our surprise we have seen a late ordinance of Con gress published for consideration wherein no man can take out a warrant for less than Eight hundred and fifty acres, which we apprehend is more than many of the people on our frontiers are able to pur chase who would be glad to become Adventurers, whose time has been taken up during the late war, Not in heaping up of Treasure but in stoping the inrodes of the savages, we humbly beg leave to in form your Ho" :, that we pray that each one may be 51 From the Papers of the Continental Congress, No. 42, vi, 106. In our introduction to vol. i of these Collections (xxi-xxiv) we noted the arrival, as early as 1779, of the first white men (not counting French and Moravian missionaries and traders) to buUd homes in what is now Ohio. The virile democracy both of those who came and those who petitioned Congress to be aUowed to come is voiced in the petitions herein printed. Before January 21, 1785, these "squat ters" violated Indian sovereignty; after that date they violated the decree of Congress which had ordered that region to be surveyed be fore sales were made. In these petitions we have a new expression from what Howell called the "Gods of the Mountains" in relation to the ' ' tyrants ' ' of the East who were placing wise limitations on the expansion movement into the unoccupied West. 96 Marietta College Historical Collections indulged with taking out Warrants according to his abiUties, and locating the same in what manner they shall see fit — and your petitioners in duty bound will ever Pray. — The SO"' October 1784 Benjn Davis W Scott J. P. GUlespie Andrew Ramsey George M^Coy Stepn Ji Francis James Andrews Predk Lamb Aaron Delong John Green Bennet Truly SUas Hedges John Vanmater Patrick M^Gahan Zakries Sprigs John Vanbuskirk Louis Vanbuskirk Joseph Wells WUliam Sloane Benjm Doolittle David Hannah Roger Curragan thomas Strait Back WiUiam McMahan TeU Soloman Jno M<=Cormick Jas Miller Moses Chapline Rich:d Poslethwait WUliam West George Cox Abraham Cuppy Johu McCoy John TUton James parks Absalam Wells John McDonnell Henry Nellson Absolem Sparkes Andrew Fowts John Hufe andrew Zane Conrad Troup Chas Beebe Charles WeUs Wm Briggs Wm Lamb Francis Huff Peter Cox Joseph Cox John Cox John Sweet Vincin Calvin Joseph Forman Thomas Forman Johannes Veller WUliam Wood Andrew Wood Hezekiah Wood Luther Calvin Charles Stinson William Sparks Richard Wood John Wood John Lemon John Smart Abraham Leforge Abraham Leforge Junr Abraham Wood Joseph Wood David Wood David Ritehey Jos Ogle Derick Hogland Morgan Vandewater James Mas WUliam foster John Ramsey John Rigdon Jacob Paul WUliam Mcintire Samuel fulton WUliam Walker Joseph Farr Daniel Cannon Harmon Greathouse Harmon Greathouse Junr James Cunningham William Cunningham Jonathan Greathouse Isaac Greathouse David Cox John WUliams Ralph Cherry Mathias Kem Peter Kern James WeUs John WUkin James Black Thomas BueU John McMiehel Abraham faith Thomas Faith Jas Benford Andrew mcmichael John Lucky John Faith Ohio in the Time of the Confederation 97 Jonathan Cox James Parks Jur Nathaniel West Benjamin Martin John Means WiUiam hana WiUiam Ross Hugh Chain George White Moses Curry Jams White eiUiam Carson Joshua Harbin John Grow Edward Gibbs Ignatius Jones WUliam West WiUiam Williams James Fleming Alexr Robinsen James Cuningham Henry Do-wn Isreal Cox Joseph Winley WUliam Anderson John Bonnet Wm Paterson John WUson Samuel Biggart John Ramsey Gerford Caius Walter Cain John AVinand John Cochran XX Hutchins to Congeess (1785)" Sir I have the honor to inform Congress of my return from ascertaining the Boundary Line between Vir ginia and Pennsylvania, for which purpose the As sent of Congress was signified to me by his Excel lency the late president. — The Information I have acquired on this Service 52 From the Papers of the Continental Congress, no. 60, 177. Thomas Hutchins (1730-1788), a native of New Jersey, was the first "geographer of the United States." He went west in boyhood and became ensign, paymaster-general, and deputy-engineer in the British army. He laid out Fort Pitt, under General Bouquet, whose expedi tion he described and mapped (see Note 49). Later he lived in Louisiana and pubUshed a map and description of Louisiana and West Florida. At the outbreak of the Revolution, being in London, he resigned his commission, was imprisoned, and pennUess, reached. France and finally the United States. Congress appointed him Geo grapher in 1781, and he directed all surveys, especially those under the Ordinance of 1785, though he died before their completion. — Seei "A Topographical Description of Virginia, PennsyVvanioi, Maryland,. and North Carolina" edited by Frederick Charles Hicks. Cleveland,, 1904. 98 Marietta CoUege Historical Collections will I hope be of considerable Benefit to the United States — I now wait on them for their Commands. Intreating that the Report of the Committee on my Memorial and Petition to Congress of the 8th of Sepf 1783 may be previously acted upon.^' I have the Honor to be with the greatest Respect Your ExceUency's most obedient hble Servant New York 7th March 1785 — Tho : Hutchins His Excellency the President of Congress. — [Indorsed:] Letter 7 March 1785 Tho^ Hutchins Referred to Mr Houstiwn Mr Beatty Mr HoweU with report May 25, 1785 XXI Call foe Election of Delegates to Poem a State Convention West of the Ohio RmsE (1785)'* March 12, 1785. ADVERTISEMENT Notice is hereby given to the inhabitants of the west side of the Ohio River that there is to be an 53 The Memorial of Thomas Hutchins, Papers of tlie Continental Congress, no. 41, iv, p. 107. 54 Reprinted from W. H. Smith, The St. Clair Papers, ii, 5. This well-known but remarkable document containing the very essence of western democracy assured the national authorities that somethius Ohio in the Time of the Confederation 99 election for the choosing of members of the conven tion for the framing of a constitution for the govern ing of the inhabitants, the election to be held on the 10th day of April next ensiung, viz : one election to be held at the mouth of the Miami River, and one to be held at the mouth of the Scioto River, and one on the Muskingum River, and one at the dwelling-house of Jonas Menzons ; the members to be chosen to meet at the mouth of the Scioto on the twentieth day of the same month. I do certify that all mankind agreeable to every constitution formed in America, have an undoubted right to pass into every vacant country, and there to form their constitution, and that from the confed eration of the whole United States, Congress is not empowered to forbid them, neither is Congress em powered from that confederation to make any sale of the uninhabited lands to pay the public debts, which is to be by a tax levied and lifted (collected) by authority of the Legislature of each State. John Emerson [Amberson] more was necessary to preserve the integrity of the ' ' Seven Ranges ' ' than mUd words and lukewarm attention. The author's name is usually given as Emerson but John Armstrong gives it as Amberson in his letter of April 12th- (Doc. xxiv). Amberson 's Bottom was a well-known point on the Ohio River in the Ohio Company's Pur chase — of. vol. i, 122. This " Advertizement " takes on fresh sig nificance when compared with a petition from the people to whom it was addressed herein printed for the first time (Doc. xxiii). A com parison shows that while Amberson 's coterie were boisterously in surgent, many others were ready to petition Congress humbly for succor and support. It is not difficult to hazard the opinion that, with the uprooting of the squatter settlements between March 31st and April 12th, described in the following documents, the recalcitrant Amberson refused to cross the Ohio and then made a settlement on the river bottom which bore his name when the Ohio Company settle ment was made in 1788. 100 Marietta College Historical Collections XXII Westeen State Peoposed by the Deputies of Washington County, Pennsylvania (1785)'' Washington County April 7"" 1785 Sir They Deputies of the good people of this County being deeply impressed with a sense of the situation of their Constituents; the value of their CivU and ReUgious Rights ; with the advantages of local Con stitutions, and the American Union: They cannot remain indifferent Spectators of Measures, that must eventually affect their dearest interests. We have maturely considered several Acts of Con gress, — respecting the Western Country: and have been constant observers of the proceedings of some of the Southern States, claiming jurisdiction over it; and the result of our enquiries and observations are ; that the Western Inhabitants, can no longer be safe, or useful in Society, without the protecting Arm of the foederal government, and the privileges of an independent State. The thinking part of the Com munity, are particularly anxious to part with the ancient Stock the eastern parts of Virginia in friend ship and good humour, to introduce and maintain a reciprocity of kind offices with her, and in reality be one people in a national view. When we turn our eyes to the Acts of your honor able Body — our prospects are enlarged: The Ar ticles in that of the Twenty third day of April last,'^ wUl form a basis for a Uberal and beneficial Com- 55 From the Papers of the Continental Congress, no. 48, 297. 5»The Ordinance of 1784 (Doc. XV). \_jf P.miiK 1)1 lie i:i;ii From a plate loaned hy the Western Reserve Historical Society A Feench Plan of the Lands of the Ohio and "Scioto" Companies Ohio in the Time of the Confederation 101 pact; we are sorry to object to it, in the smallest tittle, were it not that we know, we were not repre sented when those Resolves were formed; and we trust, that Congress on an attentive revision of the subject, will conclude that natural boundaries will be most convenient and satisfactory, especially when they nearly coincide with the Meridians, and paral lels already held out, as boundaries for the new States. That Meridian that crosses the Ohio at the west Cape of the Kanhawa is a striking instance; for to the South, it wiU pass over a great number of the most inaccessable and craggy Mountains in Amer ica; and we have reason to believe, it will intersect the Kanhawa in various places, notwithstanding its being otherwise expressed in some Maps ; Whereas, had that river been adopted as a boundary ; expence, trouble, and inconveniency might have been avoided, and both sides reap equal advantages. We will avoid using argument, why the Sioto, and Sandusky, may not be substituted, in place of a Meridian, on the North side of the Ohio. We beg leave further to represent, — that the par allel of thirty seven degrees, and the Meridian that passes the Ohio at the Rapids, would be inconvenient in several respects. The Valley adjoining the Kan hawa, above or South of the Ronceverte, or Green- briar river, lies most convenient to those under lat itude thirty Six, on the heads of the Cherokee river. That the parallel of thirty seven extended to the Meridian of the Rapids would sever the Kentuckey Settlements, and be too far removed, from those on Holstein. 102 Marietta College Historical Collections Indulge us. Sir to mention what we beUeve would be the most convenient and equitable limits of two new States. Let that which will include the Ken tuckey Settlements, be bounded on the East, by the great Kanhawa, as high as the confluence of the Ron ceverte ; the Ohio on the north ; and on the West, and South, by a Meridian Une drawn from the mouth of Salt-river, until it intersects the Shawanoe, or Cum berland river, up that river, to the mouth of that branch of it, called Rock-Castle, up the said River Rock-Castle, to the Ansioto or Brush-Mountain, thence a direct line, to the confluence of the Ron ceverte That to the South which wUl include the Inhabitants oh the heads of the Kanhawa and Cherokee-rivers, be bounded by a Une extended due South from that part of the Cumberland-river, where the Meridian line drawn from the mouth of Salt-river will touch it, until it reaches Elk-river, down that river to the Tenasee, thence South to the top of the Apalachian Mountain, eastwardly along the same to a point, from whence a north line extended, would meet the Kanhawa at the mouth of Little-river, near Ingles- Ferry; and down that River, to the Ronceverte Westwardly along the boundary, as above described for the Kentuckey Country. At this day, we find a new Society forming itself back of North-Carolina, which if the requisition [of] Congress of the twenty ninth day of April last, is regarded, we of course will be annexed to ; and the natural situation of the Country points out the con nection; but are yet restrained, from formally join ing them, by a deference to the opinions of those that bear rule in Virginia, and the want of an orderly Ohio in the Time of the Confederation 1Q3 accession to Independence, under the auspices of Congress; these obstacles we confide, that the Rulers of the federal Government wiU remove : The interest of America seems urgently to call for it, and the peace and prosperity of the Western Inhabitants wiU no longer admit of delay. For further explanation of the subject we take the liberty to enclose for the perusal of Congress, Copies of some papers, containing Sentiments of the people in the western Country. We have the honor to be with all due deference & Respect your Excellency's most Obedient & devoted humble Servants Signed by Order Cha^ Cummings Ch : [Addressed:] His Excellency the President of Congress honored by W" Cocke Esq"" [Indorsed:] The Deputies of Washington County Tho^ Cummings Chairman 7 Ap' 1785 XXIII Petition of Inhabitants West of the Ohio RiVEE (1785)" To the Honourable the President of the Honour able Congress of the United States of America The Petition, of us the subscribers now Residing on the western side of the ohio; Humbly sheweth our 57 From the Papers of the Continental Congress, no. 41, vii, 320. 104 Marietta College Historical Collections gratefuU Acknowledgments to those Patriots of our Country who under Divine Providence so wisely Directed and Steered the Helm of Government: in that Great and UnparaleP Conflict for Liberty: Bringing to a happy Period the Troubles of the states Laying the Foundation (by the most Salutary means) of the most Glorious form of government any People on Earth Could ever yet boast of; and that we have nothing more at hart than the Safety and happiness of the Common wealth in all its mem bers from the highest to the Lowest Station in life : imwilling to Act any thing Directly: or Indirectly: that is of a Publick Nature without the Consent and Advice of the Legislature ; notwithstanding when the JoyfuU sound of Peace had Reached our Ears; we had scarce Enough left us to Support the Crying Distresses of our families Occasioned wholy by being Exposed to the ravages of a Cruel and Savage En emy ; on an Open Frontier where the most of us had the Misfortune to Reside through the whole Continu ance of the war ; where the only Recourse was to Sit Confin*; in forts for the Preservation of our lives; by which we ware Reduced allmost to the Lowest Ebb of Poverty; the Greatest part of us having no Probably due to the publication of Amberson 's "Advertizement" the military commander on the Ohio, Colonel Harmar, who had been au thorized by the Commissioners for Indian Affairs to "employ such force as he may judge necessary in driving off persons attempting to settle on the lands of the United States," ordered Ensign John Arm strong with twenty men to march from Fort Mcintosh to dispossess all who had intruded. By the 12th of AprU the mission had been executed as herein reported (Doc. xxiv). This Petition is from those who suffered loss of property. Armstrong's report implies that the Petition was written by residents near Menzon's or Hoglin's Town, the present Martin's Ferry, Ohio. Ohio in the Time of the Confederation 105 property in Lands: our stocks Reduced almost to nothing: our Case seemed Desperate But viewing as it Appeared to us an Advantage Offering of Va cant Lands which with the Alarming Nesesitys we were under Joined with the future Prospect of Bet tering our Circumstances: invited us to Enter on those Lands fully Determined to Comply with Every Requisition of the Legislature : which we knew to be our Indispensible Duty Pregnant with hopes of Fu ture Happiness we sat Content in the Enjoyment of our Scanty morsel: thinking ourselves Safe under the protection of Government: when on the fifth of this Instant we ware Visited by a Command of men Sent by the Commandant at fort M^Entosh ; with or ders from Government on purpose to Dispossess us and to Destroy our Dwellings: which the Executed in part when the first set out but our principles and our Duty to Government Oblidged us to make an offer of Performing the Task ourselves which was agreed to on Conditions it were Executed Against the Nineteenth of this Instant ; by which order it now Appears our Conduct in Settling here is Considered by the Legislature to be prejudicial to the Common good ; of which we had not the Least Conception till now; we are greatly Distressed in our present Cir cumstances ; and humbly pray if you in your Wisdom think proper to grant us Liberty : to Rest where we are and to grant us the preference to our Actual Set tlements when the Land is to be settled by order of Government : where we shall Count it our Interest to be Subject to such Law and Regulations as the Leg islature in their wisdom may think proper to pre scribe Consistent with the Rights and privileges of 106 Marietta CoUege Historical Collections the good people of these states which ; if you in your wisdom Grant; we your Petitioners as in Duty bound shall Ever Pray AprU the 11'" 1785 — Signers Names Wicom hougland Robt Black Jas Cochran Exreal Cook Henry CogsiU James dark his Adam X House mark his Joshua X Fleeharty mark Jane Cochron wedow Henry Hougland Thomas Johnson Thomas Dawsson John nixon Daved nowels John McDonald Thomas TUton Daniel Dorman WUli Huff Isaac Van buscark John Rigdon John Vanbuscark John Carpenter James Harrison george Nation Francis Nation Joseph nation Wm Nation Edward Carpenter Richard power George Carpenter Absolom Sparks Thomas farris Jacob Light James young Alectiory BaUey William Capes William Bailey Lawrance Huff John Castleman Joseph Ross Junr Joseph allexander John fleet Rich Cook Benjamin Lemaster Nicholas Decker Samson Beven Charles Coy! James Demoss Richard West Andrew Criswell Walter Cain Richard Lemaster Edmund Butt Isaac Lemaster Wm Forgeson Jacob Lemaster Michal Stults Jacob Lemaster senior PhiUip Smith John Lemasters XXIV Ensign Armstrong's Report to Colonel Haemae '* Fort Mcintosh, 12th AprU, 1785. Sir: — Agreeable to your orders, I proceeded with my party, on the 31st of March, down the river. On 68 From C. A. Hanna, Historical Collections of Harrison Co., Ohio, 49-50. Ohio in the Time of the Confederation 107 the first instant we crossed Little Beaver, and dis possessed a family. Four miles from there, we found three families living in sheds, but, they having no rafts to transport their effects, I thought it proper to give them until the 31st inst., at which time they promised to demolish their sheds and remove to the east side of the river. At Yellow creek [south of the site of Wellsville], I dispossessed two famiUes and destroyed their building. The 2d inst., being stormy, nothing was done. The 3d, we dispossed eight families. The 4th we arrived at Mingo Bottom, or Old Town [Mingo, Jefferson county]. I read my instructions to the prisoner, [Joseph] Ross, who declared they never came from Congress, for he had late accounts from that honorable body, who, he was convinced, gave no such instructions to the Commissioners. Neither did he care from whom they came, for he was determined to hold possession, and if I de stroyed his house he would buUd six more within a week. He also cast many reflections on the honor able the Congress, the Commissioners, and the com manding officer. I conceived him to be a dangerous man, and sent him under guard to Wheehng. Find ing that most of the settlers at this place were ten ants under the prisoner, I gave them a few days, at which time they promised to move to the east side of the Ohio rover, and to demolish their buildings. On the evening of the 4th, Charles Norris, with a party of armed men, came to my quarters in a hostile manner, and demanded my instructions. After conversing with them some time, and showing my instructions, the warmth with which they first expressed them selves began to abate, and for some motive lodged 108 Marietta CoUege Historical Collections their arms with me tiU morning. I learned from the conversation of the party that at Norris' Town (by them so called), eleven mUes farther down the river, [probably the site of the present village of Warren- town, at the mouth of Short Creek], a party of sev enty or eighty men were assembled with a determina tion to oppose me. Finding Norris to be a man of influence in that country, I conceived it to my interest to make use of him as an instrument, which I effected by informing him it was my intention to treat any armed parties I met as enemies of my country, and would fire on them if they did not disperse. On the 5th, when I arrived within two mUes of the town, or place where I expected to meet with opposi tion, I ordered my men to load their arms in the presence of Norris, and then desired him to go to the party and inform them of my intentions. I then proceeded on with caution, but had not gone far when paper No. 1^^ was handed me by one of the party, to which I replied, that I would treat with no party, but intended to execute my orders. When I arrived at the town there were about forty men as sembled, who had deposited their arms. After I had read to them my instructions, they agreed to move off by the 19th inst. This indulgence I thought proper to grant, the weather being too severe to turn them out of doors. The 6th I proceeded to Hoglin's, or Mercer's Town [Martin's Ferry], where I was presented with paper No. 2,™ and, from the humble disposition of the people and the impossibility of their moving, I gave them to the 19th, and I believe 59 Doc. no. xxiii. 80 Doc. no. xxi. Ohio in the Time of the Confederation 109 they generally left the settlement at that time. At that place I was informed that Charles Norris and John Carpenter had been elected Justices of the Peace; that they had, I found, precepts, and had decided thereon. I then proceeded on till opposite Wheehng, where I dispossessed one family and de stroyed their buildings. I hope, sir, that the indul gences granted some of the inhabitants will meet your approbation. The paper No. 2 is a copy of an advertisement, which is posted up in almost every settlement on the western side of the Ohio. Three of my party being landed, I left them about forty miles from this place under care of a corporal. The remainder I have ordered to their respective com panies, and the prisoner I have delivered to the prison guard. I am, sir, with great respect, your obedient servant, John Aemsteong, Ensign. XXV Hutchins to Congeess (1785)" Sir Congress has been informed that on the last Sum mer I was employed in determining the Western Ex tent of the Southern Boundary of Pennsylvania — A North Line remains to be run from the Termina tion of the Southern Boundary of Pennsylvania as far as the River Ohio which is to be the Line of Divi sion between the Citizens of Pennsylvania and those of Virginia. — The Executive of the State of Penn- 61 From the Papers of the Continental Congress, no. 61, 181. 110 Marietta CoUege Historical Collections syivania have been pleased to propose that I should assist in running that Line. — The Commissioners are to begin the 16th of May. — I am to request that you would be so good as submit this application to the Consideration of Congress that I may be in formed whether that Honorable Body have any Ob jection to my assisting in the above Work till they have any Occasion for my services with the assur ance that I shall on the first Notice attend to their Commands. — I am with the greatest Respect Your Excellencys Most obedient and most humble Servant New York 21=' April 1785 — Tho : Hutchins His Excellency the President of Congress [Indorsed :] Letter 21st April 1785 from Thomas Hutchins to the President of Congress XXVI Rufus Putnam to Congeess (1785)" Boston June y* 11'" 1785 Sir Your favor of the 28'" Ult°, encloseing the ordi nance of the Honourable Congress, for Ascertaining the mode of disposeing of lands in the Western ter ritory; and informing, that Congress has been pleased to appoint me one of their surveyors; has come to hand. — I beg leve to express my obligations 83 From the Papers of the Continental Congress, no. 56, 161. Ohio in the Time of the Confederation 111 to Congress on this ocation, and acceptance of their appointment ; but I must in Justice to my self inform them, that a wish to promote emigration from among my friends into that country, and not the wages Stip ulated, is my principle motive. — I have the Honnor to be Sir your obedient humble Servent Rufus Putnam Seer"' Thomson Esq'' PS. before I was honour* with your letter I had en gaged in the Service of this Commonwealth for the Summer or all winter, in Surveying their eastern territory and am now on my way for that purpos, and should wish not to be called on to go westward this year, but if Congress should require it a letter for me directed to the Care of the Honourable Sam uel Philips Jun'' Esqr at Boston or Adover will be forwarded too me imediately, when I shall obey its Summons as Soon as posable — °* yours RP — M'T [Indorsed:] Letter June 11. 1785 Rufus Putnam accepts the Office of Surveyor Read 20 June 1785. — 64 General Putnam continued in the service of Massachusetts and General Benjamin Tupper was appointed as the Massachusetts repre sentative on the corps of surveyors for the ' ' Seven Ranges. " As we have hinted (vol. i, xxxviii), this was probably a deliberate plan on the part of these men in order to get first hand knowledge of the two regions, Maine and the Ohio Valley, as possible sites for the colony they had determined to establish. Their decision seemed to lie bo- 112 Marietta CoUege Historical Collections XXVII Peoclamation of Congress on Westeen Lands (June 15, 1785)"'* Whereas, it hath been represented to the United States, in Congress assembled, that several disor derly persons have crossed the river Ohio, and set- tween New York, Massachusetts, and the western lands to be opened by the government. Writing to Washington, AprU 5, 1784, Putnam said: ' ' The settlement of the Ohio country, sir, engrosses many of my thoughts, and much of my time since I left the camp has been em ployed in informing myself and others with respect to the nature, situation, and circumstances of that country, and practicability of removing ourselves there; and if I am to form an opinion on what I have seen and heard on the subject, there are thousands in this quar ter who will emigrate to that country as soon as the honorable Con gress make provisions for granting lands there, and locations and settlements can be made with safety, unless such provision is too long delayed — ¦ I mean, till necessity turn their views another way, which is the case -with some already, and must soon be the case with many more. You are sensible of the necessity, as well as the possibUity, of both officers and soldiers fixing themselves in business somewhere as soon as possible, as many of them are unable to lie long on their 85 Journals of Congress, iv, 538. In response to a letter from Colonel Harmar to the Secretary of War (St. Clair Papers, ii, 6-7), Congress authorized Colonel Harmar to establish a new post on the Ohio between the Muskingum and the Great Miami ' ' for fur ther carrying into effect the before-mentioned orders ' ' concerning repelUng the invasion of squatters. Six hundred dollars was ap propriated for transferring troops and baggage. It was under this order that Fort Harmar was erected at the mouth of the Muskingum River. There is something almost uncanny in the way local histori ans, centennial orators, etc., have overlooked the fact that Port Har mar was erected, so to speak, against white men primarUy — to keep soldiers posted where they could most easily drive back the army of squatters until the lands could be surveyed and offered for public sale. Congress had determined that the southern ' ' something-f or- nothing" system of pioneering was not to prevail north of the Ohio River. Fort Harmar was a monument to that epoch-making decision. Ohio in the Time of the Confederation 113 tied upon their unappropriated lands ; and whereas it is their intention, as soon as it shall be surveyed, to open offices for the sale of a considerable part there of, in such proportions, and under such other regula tions as may suit the convenience of all the citizens of the said states, and others, who may wish to be come purchasers of the same; and as such conduct oars, waiting the decision of Congress on our petition, and therefore must unavoidably settle themselves in some other quarter, which, when done, the idea of removing to the Ohio country wUl probably be at an end with respect to most of them; besides, the common wealth of Massachusetts have come to a resolution to seU their east ern country for public securities; and should their plan be formed and propositions be made public before we hear anything from Con gress respecting our petition, and the terms on which the land peti tioned for are to be obtained, it wiU undoubtedly be much against us, by greatly lessening the number of Ohio associates. "Another reason why we wish to know as soon as possible what the intentions of Congress are respecting our petition, is the effect such knowledge wiU probably have on the credit of the certificates we have received on settlement of accounts. Those securities are now seUing at no more than three shiUings and six pence or four shUlings on the pound, which in all probability might double, if no more, the moment it was known that government would receive them for lands in the Ohio country. From these circumstances and many others which might be mentioned, we are growing quite impatient; and the general inquiry now is, when are we going to the Ohio? Among others, Brig.-Gen. Tupper, Lt.-Col. Oliver, and Maj. Ashley have agreed to accompany me to that country the moment the way is opened for such an undertaking. I should have hinted these things to some member of Congress, but the delegates from Massachusetts, though exceedingly worthy men, and in general would wish to pro mote the Ohio scheme, yet, if it should militate against the particular interest of this state, by draining her of inhabitants, especially when she is forming the plan of selling the eastern country, I thought they would not be very warm advocates in our favor. And I dare not trust myself with any of the New York delegates with whom I am acquainted, because that government are wisely inviting the eastern people to settle in that state; and as to the delegates of other states, I have no acquaintance with any of them." 114 Marietta College Historical Collections tends to defeat the object which they have in view, is in direct opposition to the ordinances and resolutions of Congress, and highly disrespectful to the federal authority, they have therefore thought fit, and do hereby issue this their proclamation, strictly forbid ding all such unwarrantable intrusions, and enjoin ing all those who have settled thereon, to depart, with their families and effects, without loss of time, as they shall answer the same at their peril. XXVIII The Sackett Memorial (1785)'' To The Honourable The United States of America in Congress convened. The MEMORIAL of Nathaniel Sackett, in behalf of himself and his Associates ; Humbly Sheweth, That whereas, from various informations received of the proceedings of the British and their associ- 60 From the Papers of the Continental Congress, no. 41, ix, 347. This document was printed by S. KoUock, New York, in 1785. No student can estimate properly the value and success of the Ohio Com pany of Associates without taking into consideration the other pro posals of a like nature which were made to Congress in the same period. The Sackett proposal to rent for an ear of corn a year the splendid parallelogram running across Ohio between the Scioto and Muskingum rivers is in many ways the most interesting rival scheme of that time. Its paternalistic features, as compared with the pro posal of the Ohio Company to purchase a tract of land and develop Ohio in the Time of the Confederation 115 ates, and the unfriendly conduct of the Indians in the vicinity of the western frontiers of the United States (copies whereof are hereunto annexed,) it is apprehended that danger may arise to the said states, unless suitable measures are speedily adopted for counteracting them; and as it is supposed, that the settlement of a new state, upon the said frontiers, will effectually answer this purpose; it is therefore proposed. That a tract of country, beginning at the conflu ence of the rivers Ohio and Scioto, and extending from thence along the eastern bank of the Scioto, to the termination of one hundred miles, thence in a direct line to the southernmost extreme of Lake Erie; from thence along the south-side of the said lake to the termination of one hundred miles from thence to the place where the White Woman's Creek empties into the Muskingum River; then down the western bank of the Muskingum River to its con fluence with the Ohio; and from thence along the northwestern bank of the Ohio to the place of begin ning ; be granted, together with all mines, &c. and the free navigation of Lake Erie, the Scioto, Ohio, and Muskingum Rivers, to Nathaniel Sackett and his as sociates, in fee simple : Provided always, that to pre vent their having an undue influence, and to guard against an aristocracy, neither the said Nathaniel Sackett nor his associates, shall retain to themselves, as his or their proper estate, more than one thou sand acres of the said lands for each of them, but it, outrival any proposal of its day. It seems probable, however, that the influence of its advocates was sufficient to induce General Parsons to seek to locate the Ohio Company Purchase beyond the Scioto River. — Cf. vol. i, li-liv. 116 Marietta College Historical Collections shall grant and convey all the residue to other ad venturers, as occasion may from time to time occur. That no consideration be paid the United States therefor, except an ear of Indian corn annually, if demanded, as an acknowledgment of their sover eignty : That the said Nathaniel Sackett and his associ ates, shall hold the said tract of country expressly on condition of settlement and cultivation: That [blank] male white persons, above sixteen years of age, and under sixty, be settled upon the said land, on or before the [blank] day of [blank] one thousand seven hundred and eighty-six ; each to be provided with a good musket, bayonet, four pounds powder, and twelve pounds leads ; and that no person be admitted to settle upon the said tract of land, who cannot produce satisfactory testimo nials of his attachment to the American cause during the late struggle for the establishment of our inde pendence : That in [blank] years from the arrival of the first adventurers, under this grant, on the said tract of land, there be one male settler thereupon for each [blank] acres: That each of the first male adventurers, having a family, shall be entitled to one thousand acres for himself, and one hundred for each of his children: That each of the first male adventurers, being a single man, shall be entitled to five hundred acres; and that each settler receiving lands, be obliged to clear and cultivate [blank] acres, for every hundred acres he possesses, within seven years from the time of his settlement thereupon: That each of the first adventurers, being a single Ohio in the Time of the Confederation 117 man, and continuing an inhabitant of the tract of country above described, shall be entitled to receive, in case of his marrying, one hundred acres of land, in addition to the five hundred acres above-men tioned, and subject to the same conditions of cultiva tion: That as soon as it can conveniently be done, the whole tract of country within the limits above de scribed, be divided into townships of six miles square, or as nearly so as the limits will admit: That in each township twenty acres, in the center, be reserved for a house of public worship, school house, parade, and other public uses; and that the fractional parts of townships be appropriated as re wards for such settlers as shall be singularly useful to the community : That when the settlers find it necessary, and cir cumstances will permit, they may form a permanent plan of civil government, upon repubUcan principles ; and, as citizens of a free, sovereign and independent state, be admitted to a representation in the union, and pay their proportionable part of the public debt : That effectually to prevent land- jobbing, no one of the settlers be allowed to sell his land, or any part thereof, in the said tract of country, to any person or persons whatever, nor under any pretence what ever, within the space of [blank] years, unless the purchaser actually be or become a settler within the said tract, and shall remain such for the space of [blank] years after such purchase shall be made : That as one main object of the proposed settle ment is to form a barrier against all encroachments, and to secure to the United States the lands compre hended within their limits, which will render expedi- 118 Marietta College Historical Collections tion, decision, and vigour in government essentiaUy necessary, military government take place until such an establishment is made upon the lands as will ad mit of a change; after which the inhabitants shall be governed by laws of their own making, provided they shall not be inconsistent with the confederation of the United States : That one major-general, (who shall be the com mander in chief) and six brigadiers general, be ap pointed by the United States in Congress assembled, and furnished with blank commissions for the in ferior officers (who are to be chosen by the first ad venturers out of their number,) and that every officer shall take an oath of fidelity to the United States : That in order to enable the settlers to defend themselves and the country against all invaders, they be furnished by the United States with artillery suit able for that purpose, and ammunition for the said artillery ; all other necessary articles to be provided by the first adventurers at their own expence : That fort Pitt be the place of rendezvous for the first adventurers; and that they meet there on or before the first day of May, one thousand seven hun dred and eighty-six: That being met they chuse the necessary officers, under the rank of brigadier-general; to whom the major-general (or commander in chief) shall deliver suitable commissions; having first administered to such officers the oath of fidelity to the United States ; a certificate of which, together with the names of the officers so chosen, shall be transmitted to the United States in Congress assembled, and deposited among their files : Ohio in the Time of the Confederation 119 That the commander in chief, the brigadiers gen eral, and the officers chosen as above, shall before they depart from fort Pitt, meet in council, and de termine the route or routes to be taken by the first adventurers, and the places at which the necessary fortifications shall be erected : That if any settlers shall be found upon the land granted to Nathaniel Sackett and his associates, such pre-oceupants having made improvements, or cultivated the land upon which they have settled, shall be considered as being of the company of the first adventurers, and have a preference given them respecting the land improved or cultivated as afore said; provided they shall take an oath of fidelity to the United States, and be subject to the government hereby established ; and that no person be allowed to remain there who shall refuse to take such oath ; the said oath shall be required and administered by the commander in chief: That the said commander in chief and brigadiers general, together with such other field officers as shall be chosen as aforesaid, have power to exercise government generally within the said tract of land ; to grant lands, and to treat, from time to time as occasion may require, with the native Indians for the safety and well-being of the settlers, but not for the purchase of lands. That your memorialists apprehend, that a grant of land upon the foregoing plan will answer the end proposed, and greatly promote the public good: They therefore PRAY, That a grant of the tract above de scribed, to the said Nathaniel Sackett and his 120 Marietta CoUege Historical Collections associates, conformable to the plan aforesaid, may pass the great seal of the United States. And your memorialists, as in duty bound, shall ever pray, etc. Nathaniel Sackett, in behalf of himself and his associates. New- York, Aug. 22, 1785. The above Memorial was laid before Congress. 67 Remarks on the Memorial. The United States in Congress Assembled, on the 15th day of October 1783. "Resolved, That it wiU be wise and necessary, as soon as circumstances shall permit, to erect a district of the western territory into a distinct government, as well for doing justice to the army of the United States, who are entitled to lands as a bounty, or in reward of their services, as for the accommodation of such as may incline to become purchasers and inhabitants." The time is now arrived when such a measure to be both "wise and necessary," as circumstances not only permit, but seem loudly to call for it; because the British are fast settling and fortifying their 87 We omit the portions of the document relating to aUeged British activity to fill the American Niagara frontier with settlers favorable to her interest and to Indian unrest in the West making it necessary to plant a colony there as soon as possible. It is to be remarked, however, that the Ohio Company used no such arguments as these to gain the favor of Congress; also it is plain that the Sackett peti tioners counted without their host when they prophesied that England would abandon the lake posts as soon as possible and thus render the frontier more open to Indian raids. The sanity of General Putnam's view of the danger from England along the Great Lakes (Doc. xi) comes out clearly when compared with the Sackett idea as here expressed. Ohio in the Time of the Confederation 121 frontiers in our neighbourhood, and offer very great encouragement to settlers. Our posts, now in their possession, will probably be hastily evacuated as soon as they are prepared for it, and our frontiers exposed to the incursions and depredations of any banditti who may chuse to invide them. It is therefore in contemplation immediately to form a respectable frontier settlement, composed of persons whose attachment to the United States has been evidenced by suitable conduct duing the late contest with Great Britain. The situation which has been thought of is supposed to be peculiarly favour able to the purpose, as it includes the two war paths from Lake Erie into the country, viz. between the Pickaway Town and the Waters that fall into that Lake, and between the Black Walnut Creek and the waters that fall into the Lake. These two important passes being in our possession, and properly forti fied, the interior country will be immediately ren dered secure, and the value of the lands therein very greatly enhanced ; — here the hardy soldier may reap the reward of his past labour, and in doing it will render further essential services to his country. The advantages which will arise to the United States from the proposed establishment are many, and too obvious to need being mentioned : All that led Congress to determine, that the measure would be "wise and necessary," are among them; and the expence to the union will be no more than a few pieces of artillery, and some ammunition. With respect to the plan, it must speak for itself ; it is supposed to be the best which circumstances will admit of. As the situation of the first adven- 122 Marietta College Historical Collections turers will be an exposed one, it is necessary they should be prepared for defence; and that mode of government seems most suitable which is most ener getic, and can most expeditiously call into action the force and vigour of the state. A military one is pre ferred as such ; but although this is proposed at the first outset, it is only through necessity, and will be supplanted by civil institution, more friendly to free dom, and compatible with republican principles, as soon as circumstances will permit. To The Honourable The United States of North America in Congress assembled, The Memorial of the Subscribers hereunto; Respectfully Sheweth, That your Memorialists having seen the copy of a Memorial, bearing date the 22d August 1785, which they understand has been presented to your Hon ourable House, by Nathaniel Sackett, (which said copy is hereunto annexed,) praying for a grant of a tract of land, lying between the river Ohio and Lake Erie, for the purpose of forming immediately a re spectable settlement thereupon; beg leave to repre sent it as our opinion, That such a grant will be pro ductive of essential good consequences to the United States, by securing the interior country from hostile and rapacious incursions; encouraging and making more easily practicable a settlement of that country, greatly enhancing the value of the lands there which wiU remain the property of the United States, and Ohio in the Time of the Confederation 123 thereby rendering them more speedily a more pro ductive fund for the discharge of our national debt, and other public purposes. Under this impression, your Memorialists Pray, That a grant to the said Nathaniel Sack ett and his associates, may pass the Great Seal of the United States, agreeable to the prayer of their Memorial above-mentioned ; and your Memorialists, as in duty bound, shall ever pray, &c. September 29, 1785. Signers Lancaster WUliam Crawford William MUler Jacob Myar Alexi- Grant John Davis Robert Creight Benjamin Vernon John Crawford Abraham Henry John Michael John Stover Samuel Taylor Walter Brady William Johnston Nathi Rutter John Taylor Jas Dunlap George Taylor Isaac Richardson Peter ReUly Per Elm-r Wm Henry Rob' Hamilton Chester David Watson Jno Oulbertson Court Signers Signers Montgomery County Amos Sturgis Cpn 1 Mordai Morgan .Jnr 13 Isaac Rees 2 John Cross 14 John Sturgis 3 Jn:" Nelsom 15 Wm Moore 4 Isaac Moore 16 John Elliot Lt 5 Sami Evans Rees Moore 6 Tobias Rambo 17 Edward Woodman C 7 Jesse Roberts 18 Ellis Pugh Carpentr 8 Thos Rossiter Jr 19 WiUiam Elliot 9 Jonatn Phillips 20 Moses Coates i"- 10 Elisha Evans 22 Robert Jones 11 Sami Holstein 23 Griffith Rees 12 John Eastburn 24 124 Marietta College Historical Collections Thos Vose Daniel Jackson Henry Brockhouse Joseph Bliss Josiah Jackson Willm Warren Nathi Sherman Thos Patten Mountjoy Bayly member of assembly Joshua Dowe Jon» Morris Peter Grosh Th:o Beatty high Sherrif Elijah Beatty Henry Bartin Ezekael Beatty Thos Beatty Junr Isaac Morriss Hanary Handman William Bentley Benjamin StUes Captain 68 Benjamin Stiles Jury Captain Isaiah Stiles Capt John Darby Thomas Nesbitt Benjamin Baldwin Major Ebenezer Lyon Icabod vallentine Signers Jona Maynard Stephen Bliss Peter Fowl Sam' Snow Nathi Crane John Spring Thomas George Henry Stow Signers Taken at Predif Town Recompence Stanbury Wilhellum Poimel [?] Jonathan Hutehings David Hutehings Jonathan H. Osborn Wm King Henry Osborn Wiliam Duglass James Clark George Robertson Samuel Clark Joseph Halsey Jr Thomas Thomson Andrew Thompson Joseph Coles Jonathan Coles Joseph Junr Coles Henry Line Hezekiah StUes Richerd Sender Abner Stiles Ezekiel Clark 68 The associate of John Cleve Symmes who in 1788 came to the Miami and acquired 30,000 acres near the present Lebanon Ohio. Ohio in the Time of the Confederation 125 XXIX Petition' OE Delay and Associates for Western Grant (1785)"^ To the Honourable The United States in Congress assembled The memorial of Henry Delay of Harrison County State of Virginia, John Holes of Essex County State of New Jersey, Cornelius Ludlow of Morris County State of New Jersey, Benjamin Stiles and Henry Enocks both of the County of Washington and State of Pensilvania. — Humbly Sheweth, That whereas from various informations received of the proceedings of the Indians in the Western Territory of the United States it is greatly to be feared that danger wUl arise to the said States un less suitable measures are spedily adopted for Coun teracting the apparent designs of our Enemies and it is supposed that a settlement established by Con gress on said frontier will effectually secure to the United States a great part of that extensive terri tory, it is therefore proposed — That a tract of Country Beginning at the grant given to the inhabitants of Post Vincent^" from thence Running up both sides of the Wabash River extending to the grant given to the Indians so as to include one hundred miles in breadth. That the tract of Country above described be given to the Settlers as an encouragement to settle in said Coun try on as reasonable terms as Congress may pre scribe — 69 From the Papers of the Continental Congress, no. 41, ii, 538. 70 Vincennes, Ind. 126 Marietta CoUege Historical Collections And as the situation of the first adventurers wiU be an exposed one that they should be entitled to [blank] Acres of land as a reward for settling said Country. And for the better enabling the first ad venturers to guird and defend themselves and their Country from the Enemy and to increase its popu lation it is therefore petitioned that no person be aUowed the privilege of purchasing any of said Country for the space of five Years but those who become settlers on the land. That all such as are wiUing to become immediate settlers in that Country shaU meet together next spring at any place that Congress may appoint as a place of rendezvous and there to come under mili tary direction and march into the Country in a body — That Congress appoint a certain Gentleman whom they shall think proper as Commander in Chief of the Company of said adventurers also appoint such other officers under him as they shall judge expedi ent to Conduct a plan of that importance — That the first adventurers be Governed by mili tary law until such an establishment is made upon the land as will admit of a change after which the inhabitants shall be governed by the civil law — which is more friendly to freedom and Compatible with republican principles — Whereas one main object of the proposed settle ment is to form a barrier against encroachments of the Enemy and to secure to the United States the lands Comprehended within those limits we there fore humbly request that Congress provide the first adventurers with one Years provision ammunition Ohio in the Time of the Confederation 127 and artUlery suitable for that purpose all other nec essary articles to be furnished by the first adven turers at their own Expence — That no person be admitted to settle in said Coun try who cannot give satisfactory testimonials of his attachment to the American cause during the late struggle for Independence. Should it be thought wise and necessary to form a settlement on the foregoing plan may it please Congress to publish it in the papers that each State may have an equal opportunity of settling — Your memorialists apprehand that their request being granted will greatly promote the public good and answer the end proposed — Your memorialists therefore as in duty bound shall ever pray [Indorsed:] N" 26 — Mem Henry Delay John Hole Cornelius Ludlow Benj. Stiles Henry Enocks read 27 Dec^ 1785 XXX Hutchins to Congeess (1785)" Sir Accompanying these few Lines your Excellency will receive a plan and Remarks of that part of the 71 From the Papers of the Continental Congress, no. 60, 225. 128 Marietta College Historical Collections Western Territory through which an East and West Line has been run agreeable to an Ordinance of Con gress of the 20th of May last. — The plan was Copied from the original by M'' William Morris surveyor appointed by Congress from the State of New York. The justice I owe to that Gentlemans merit and abil ities, as well as for the active part which he took in forwarding of, and assisting in, the Astronomical business of the Geographers Department when in the Western Territory, will I hope be admitted as a sufficient apology, for my having taken the liberty of mentioning his Name on this occasion. I have the honor to be with the greatest respect Your Excellency's most obedient and most humble servant New York 27th Decem"- 1785 Tho : Hutchins His Excellency the President of Congress. [Indorsed:] Letter 27'" Dec'— 1785 Thomas Hutchins with a plan & remarks upon part of the W. Territory — XXXI exteacts feom an address to the western Inhabitants (1785?)" [Quotation from petition] "Petitions, Remonstrances, and decent Representa tions, have been disregarded. Your Bills of Credit, 72 From the Papers of the Continental Congress, no. 48, 289. This Ohio in the Time of the Confederation 129 your vacant Lands, your produce, and your aU, has been iniquitously extorted from you, and disposed of, not for an equal and general good ; but to depress you, and aggrandise a few; this same spirit of in equality and injustice, has caused the loss of Fleets, of Garrisons, and of armies, in fine, it has been the fruitful source, of all your misfortunes, and all your disgraces."* * Turn your eyes to the events of 1776. That mem orable era produced a declaration of Independence, and a Confederation, which when expounded liber ally, are, or ought to be, the Basis of all the sub ordinate Institutions. They assert and define your Rights, — Study and learn them well, cherish the principles as an immense blessing, as a peculiar gift, bestowed on the favourites of Heaven. ' ' — [Reply] Good and legitimate Government, will protect in dividuals against the frauds and oppressions of one another, as also, it will protect the public against the encroachments, and depredations of public enemies : And with equal truth it may be added, that it is also the duty of Government, to protect a man against himself, that is to say against his own passions, fol lies, and vices; How far the government you have brief extract from the pen of an unknown spokesman for the Govern ment gives evidence that more petitions were received from the west- em people — -evidently breathing anarchical sentiments — than are recorded in the minutes and papers of Congress. The writer's op timism in believing the Ordinance of 1784 to be a cure-all for the evUs complained of, is noteworthy. The slow, toilsome process by which good forms of government were worked out by hard-thinking men in the face of all manner of criticism and crackerbox-oratory, leading to the Ordinances of 1784, 1785, and 1787, is freshly em phasized by such declarations as this. 130 Marietta College Historical Collections lately submitted to, has produced these ends, your own feelings and recoUections wUl furnish ample in formation — It is needless now, to spend your time in idle complaints, having tasted the bitter Cup of aristocratical domination [as colonies of Great Brit ain], the way for your deliverance is pointed out, the outhnes of a generous and beneficial Compact * is held out to you, it depends on your virtue, and good sense when you will receive the Blessing. [Indorsed:] Extracts from an address to the Western inhabitants XXXII Account of Soil and Timber in the Seven Ranges (1785?)" A brief account of the Soil and Timber in that part of the Western Territory through which an East and West Line has been Surveyed — agreeable to an Ordinance of Congress of the 20th of May 1785 * The articles expressed in the act of Congress of AprU 23, 1784. 73 From the Papers of the Continental Congress, no. 60, 229. It is probably impossible for us to imagine with what interest many men awaited the reports of the surveyors who flrst entered the region west of the Pennsylvania line concerning the character of the soUs found and the growths upon them. Trees, generally, were the guides to good soUs, the nut-bearing trees being notoriously indicative of superior soU. It was from such material as is afforded by this document that prospectors and associates in land companies derived their material for prospectuses. Often this material was jealously guarded as state secrets, as witness the Ohio Company which de clared that surveyors' reports were not pubUc property; surveyors were not aUowed to keep copies of their surveys or observations thereon (vol. i, 69). Ohio in the Time of the Confederation 131 Beginning on the North bank of the Ohio River, at a point due North from the Western termination of a Line which has been run as the Southern boundary of the State of Pennsylvania. For the distance of Forty six Chains and Eighty six links West from the above mentioned Point, the Land is remarkably rich, with a deep black Mould, free from Stone, excepting a rising piece of ground on which there is an improvement of about 3% Acres, where there are a few Grey and Sand Stones thinly scattered. The whole of the above distance is shaded with large black and white Walnut Trees, also with Black, Red and an abundance of white Oaks, some Cherry Tree, Elm, Hoop-Ash, and great quantities of Hickory, Sassarfrax, Dogwood, and in numerable and uncommonly large Grape Vines pro ducing well tasted Grapes of which Wine may be made. All the Hills in this part of the Country seem to be properly disposed for the growth of the Vine. Near the termination of the above mentioned meas urement is a thicket of Shoemack, Hazel and Spiece bushes, through which a passage was cut for the Chain-carriers. The first of these Bushes produces an Acid berry well answering the purposes of sewer ing for Punch, the Hazel yield an abundance of Nuts, and the Spice bushes bear a berry, red when ripe of an aromatic smell, as is also the Shrub on which it growes; the berry is about the size of a large Pea, of an Oval shape possessing some Medicinal virtues, and has been often used as a substitute for Tea by sick and indisposed persons.'* The Dogwood, the 74 Land companies (and the United States was now about to be come such) always emphasized if possible that the regions offered 132 Marietta College Historical Collections bark is used by the Inhabitants and is said to be little inferior to Jesuits bark in the cure of Agues ; the Tree produces a berry about the size of a large Cranberry when ripe, but something longer and smaller toward the Ends, excellent for bitters; and decoctions made of the budds or blossoms have proved very salutary in several disorders, particu larly in BiUous complaints. The whole of the above described Land is too rich to produce Wheat, the aforementioned rising ground excepted, but it is well adapted for Indian Corn, To bacco, Hemp, Flax, Oats tfe" and every species of Garden Vegetables, it abounds with great quantities of Pea Vine, Grass, and nutritious Weeds of which Cattle are very fond, and on which they soon grow fat. Thirty three Chains and fourteen links from the first measured distance, completes one Mile from the Meridian or Place of Beginning. This last dis tance is high dry Land excellent for the production of Wheat, Rye, Barley, Oats, and Tobacco, it would also yield good Indian Corn, but not so abundantly as the very rich Lands before described. It is cov ered with Black, Red and White Oakes, Hickory, Bass-wood, Slippery Elm, Hornbeem, or Iron Wood, Mulberry, Sassarfrax, and some Sycamore the latter on a Brook near to the End of this distance, where there is a great plenty of sand stone excellent for Edge Tools. Here are pea vines. Grass, and a vari- for sale were perennial apothecary shops, their soUs bearing all plants and roots necessary to health and longevity. For a detaUed descrip tion of the Ohio plants useful as medicine see Hulbert and Schwarze, Zeisherger's History of the Northern American Indians, 157-170. Ohio in the Time of the Confederation 133 ety of other vegetation well answering the purposes of fattening Horses, Cows, and Hoggs. For twenty two Chains and thirty seven links fur ther than the completion of one Mile, the Land is extraordinary good, and in some places it is too rich for Wheat, where fine Meadow may be made. It is Timbered with large Locust, Black Walnut, Mul berry, Hickory, Elm, White Ash &'' and is pretty free from brush or underwood ; and towards the End of this distance, where there is the best of Wheat Land, is an abundance of Hickory and White Oaks. At Twenty One Chains further the Line crossed over the summit of the End of a Ridge which is about 90 feet high, bearing N 45° E very narrow and com posed of a light thin Soil, Shaded with Birtch, Hick ory, Oaks, Dogwood, scrubby Chesnut and Maple, there are also great quantities of smaU Grey and Sand Stones dispersed over its surface ; but the Land between the above last mentioned distance and this Hill, is abundantly fertile, well adapted to the cul ture of Indian Corn, Wheat &° and is covered with Black and White Oaks, Hickory, ash. Black Walnut, Mulberry, Shoemack and Grape Vines, and in sev eral places it is tolerably free from brush or under wood. At Six Chains and sixty links further than the top of the above mentioned Hill is a Brook in which are great quantities of sand Stone, this Brook runs about S 20° W through a narrow fertile piece of low Land fit for Meadow, producing Maple, Hickory, Ash, Sugar Tree, Mulberry, poplar and Beech. At Fourteen Chains and forty links further the Line reached the top of a steep narrow Ridge, its 134 Marietta CoUege Historical Collections perpendicular heighth nearly 170 feet, the East side, lUie the East side of almost all the other Ridges in this part of the Country, is very fertUe, several parts of it is entirely faced with sand stone, some very large of an excellent grit, and shaded with Oaks, Hickory, Poplar, Mulberry, Chesnut, Dogwood, Grape Vines, Pea-vines, Spikenard, sweet Brier, Rasberry Brier, and Golden Rod, the latter when timely used, and properly applied has been found very efficacious in curing the bite of the most ven omous Snake. The Soil on the top of the last mentioned Ridge may justly be said to be composed of about an equal proportion of black mould and Sand, and tho' the soil appears to be light yet it is fit for the culture of Indian Corn, Wheat, Flax, and Melons in great perfection. The summit of this part of the Ridge is almost entirely free from large Trees, but there are an abundance of young small Aspen saplins and scrubby dwarf Oaks on it ; this place carries an ap pearance of having been formerly cleared, or more probably, the destruction of the Timber has been occasioned by the frequent burning of the Woods, and that a new growth has succeeded. Thirteen Chains further than the last mentioned distance there is level Land, the Line to this place had a gradual descent along the side of the Ridge, over a thin Soil, with yellow Clay, fit for Bricks, a few Inches below its surface, through a thicket of scrubby Dogwood, Oak, Chesnut, Aspen and Hick ory saplins and bushes, almost without a single Tree, the whole of this distance was cut through for the Chain carriers to pass. The Soil is nearly similar Ohio in the Time of the Confederation 135 with that last described with the addition of a good deal of Sand stone. At the End of five Chains and sixty three Links further over level Land capable of producing Indian Corn, Wheat &f covered with White Oaks, some very large, also with sugar Tree and free from brush or underwood, reached the termination of another Mile, which completes two Miles from the Meridian. For the distance of four Chains and Seventy five links further than the completion of the above two Miles, the Land is level and free from underwood. Timbered with Black and White Oaks, Sugar Tree, Ash, Maple, Hickory, and Dogwood, and would abundantly yield Indian Corn Wheat &°. At Seventeen Chains and seventy links further there is a Spring of wholesome Water, it directs its Course through good Wheat Land shaded with sev eral kinds of useful Timber. At Ten Chains and thirty five links further are a number of Grey coloured Rocks so very large that they resemble small Houses at a distance, here the Land would produce Wheat and other Grain tho it is much incommoded with Rocks ; it is covered with large black and white Oaks, Hickory &f also with a Thicket composed of Dogwood, Sassarfrax Shoe mack and Locust Bushes, through which a Way was Cut for the Chain carriers. At the distance of five Chains and twenty links further the Line crossed a Spring, running through good Wheat Land, but very Stoney, and in many places Rocky. At Nine Chains and thirty Links further the Line reached the top of the South End of a Ridge, the 136 Marietta College Historical Collections perpendicular heighth about 100 feet; This distance is good for the growth of almost every kind of Grain, the greater part of which was so much incommoded with underwood that a Way was Cut along it for the Chair carriers. Seven Chains and twenty links further over a de scent of rich Land, well Timbered with Oaks, large Chesnut and Hickory Trees, free from brush, reached a Spring ; the Soil here is favourable for the growth of Indian Corn, Wheat and Tobacco. Eight Chains and twenty seven links further to the summit of a Ridge ; the sides of this Ridge are easy in their ascent, the Soil is good for the raising of Wheat and Timbered with large Hickory and Oaks. From hence to Stoney Brook between two very steep and high Ridges; it is eight yards wide, its bottom is of Slate and Sand Stone, and in many parts of it are large pieces of excellent Coal washed by the Rains from the Neighbouring HUls; it is bordered by low rich Meadow ground, producing Sycamore, White-Walnut, Oaks &f and on it are several good Seats for MUls. The perpendicular heighth of the Easternmost [Ridge] is nearly 180 feet, very steep, of poor blue Slate Land, tho well Timbered and would produce Wheat; the Western Ridge is also steep and 280 feet high, its East side is very fertile, and covered with large Oaks, Hickory, Black Wal nut, Dogwood &" and in some parts Rocky, but such is the fertility of the Soil that it would grow Hemp, Indian Corn &=. New York Decem' 27th 1785 [Indorsed :] Remarks on that part of the W. Territory thro Ohio in the Time of the Confederation 137 which the E & W Line has been surveyed Thomas Hutchins Esq' Dec' 1785 XXXIII Petition of Kentuckians foe Lands North of Ohio Rivee" To the Honourable Continental Congress The Petition of a Number of the true and Loyal Sub jects of the United States of America at large most humbly Sheweth That your Petitioners having heretofore been In- habiters of the different States of America; Since the Commencement of the Contest with Great Brit ain for the Common cause of Liberty; Have ven tured their hves in a Wild uncultivated part of the 75 From the Papers of the Continental Congress, no. 48, 235, 247. The story of the petitioning element in Kentucky has been told by Professor J. A. Robertson, Petitions of the Early Inhabitants of Ken tucky (Filson Club Pub. no. 27). That collection does not include petitions to the general government, of which this is one. On read ing this petition Professor Robertson is inclined to think that the list of signers ' ' does not represent the better element, as there do not seem to be many of the prominent family names such as are to be found on my lists. ' ' The Squire Boon mentioned was Daniel Boone 'a brother. The engrossing of lands protested against is mentioned in Petition No. 8 in Professor Robertson's volume wherein the signers complain that many of them are deprived of securing ' ' so much as one hundred acres of land" because of the "private gentlemen who have men employed at this junction in this country at one hundred pounds per thousand for, running round the land, which is too rough a medicine ever to be digested by any act of people that have suf fered as we have. . -" — Id. 46. 138 Marietta College Historical Collections Continent on the Western Waters of Ohio called by General Name of Kentuckey — Where they have made Improvements; on what they allowed was Kings Unappropriated Lands before the Commence- m' of the said Contest ; and that in the face of a sav age Enemy with the utmost hardships and in daily Geopardy of being inhumanly murdered — Your Petitioners further aUowed that the Honorable Con gress would allow them a Reasonable in Lands for the Services your Petitioner did, in defending and Settleing, on their own expence, the Country afore said, to the weakening of the Enemy, and the Strengthening of the United States, whenever the common contest with Britain should be desided in favour of America — In the full Assurance of which your Petitioners Sold all their livings in the Settled parts of the Continent, and have removed with their Wives Families and all their Effects to the Country aforesaid, in order to take possession of their improvements aforesaid — But when they came found almost all their Improve ments granted away by a Set of men which Acted or pretened to Act under the late Act of Virginia; which Act, also Allows large grants without any re serve of Settling and improving the same. By which means almost the whole of the lands in the Country aforesaid are Engrossed into the hands of a few In terest^ men, the greater part of which live at ease in the internal parts of Virginia; while your Peti tioners are here with their Wives and Children daily Exposed to the Murders of the Savages to whom Sundry of their Acquaintance have fell a Sacrifice since their Arrival though as yet but a Short time ; Ohio in the Time of the Confederation 139 Again the late Acts of Virginia require your Peti tioners to take a New Oath of Allegience to that State; renouncing all other Kings princes and States; and be true to the State of Virginia only; and the prospect of MUitary Government taking place shortly in this place ; give your Petitioners the greatest apprehension of the most Severe usage un less they comply with their mandates Your Petitioners considering all those grievances would gladly return into the Settled parts of the Continent again; But having come Seven hundred Miles down the River Ohio, with the expence of the greater part of their fortunes find it Impracticable to return back against the Stream with their Wives and Children, were they to suffer the most cruel death — Your Petitioners being drove to the Extremity aforesaid, have but three things to chooese; One is to Tarry in this place take the Oath of Allegience to Virginia, and be true to that State only, and also be come Slaves to those Engrossers of Lands and to the Court of Virginia ; The other is to Remove down the River Ohio, and land on some part of Mexico and become Subjects to the King of Spain ; And the third to Remove themselves over the River Ohio; with their Wives Children and their small Effects remain ing; which is now in possession of the Savage En emy, to whome they are daily Exposed to murders ; The Two former appearing to your Petitioner to have a Tendancy to weaken the United States; and as it were Banish the Common Cause of Liberty; Humbly pray the Honorable Continental Congress to grant them Liberty of Taking the latter Choise ; 140 Marietta College Historical Collections and removing with their Wives Families and Effects to the Indian side of the Ohio, and take possession of the same in the name of the United States of America at large ; where your Petitioners suppose to Support themselves in an Enemies Country on their own risque and expence; which they humbly Conceive will have a Tendancy to Weaken the power of the enemy. Strengthen the United States at large, and Advance the Common cans of Liberty — Your Pe- tioners further pray the Honorable Congress, to grant them hberty of making such Regulations amongst themselves as they shall find necessary to Govern themselves by, being subject to the United States at Large, and no other State or power what soever — Your Petitioners Humbly Pray the Hon orable Continental Congress to Consider their Case and Grievances in its true light, and grant them such Relief, as You, in your great Wisdom shall see Meet as such meashures which are at this time adopted by Designing men are Likely to Lessen the Exertion of a Great number of people which otherwise are Well attached to the General Cause — And your Petitioners in duty Bound shall ever pray — Thos : Hargis John Moore James Dunbar WiUiam isdal Rob' : Holmes John Johnston Jeremiah Johston John Thikston Jonathan Thickston William Sutherland Edward Welch WUlm : Armstrong David Longhead John WiUiamson Charles Masterson Joseph Berth John Light Willm: Little Jonathan Harned Samuell Wells Peter Newkirk Tobias Newkirk Jas : Qurtermus Peter Pohene John Capp Elisha Qurtermus Edward Tyle Benjm : Lin John Turner John Redley Joseph Green John Green Adam Grounds John Felty Sami: KeUy Moses Cane John Nelson Thos: Banfield Thos: Patten Ohio in the Time of the Confederation 141 Arthur Park George Cuavenston WiUiam MitcheU WUlm : Galoway John mitchell Jas : Miller WUlm. MitcheU George Somers WiUm : Cumins Albert Banta Peter Demaree John Banta WiUm : Drennan Johu Shaw Jacob Banta James McElharton Cornelius Banto Anthony Jenkins John Galoway James Galoway Abraham Banta ComeUus Voorhes John BrookU WUlm: MitcheU Hardy HiU Fredericd Bowfd David Johnson John Dorland Jasa : Theaig Jacob Vonmatar John Keath BazU Stocker Edward Rewalens George Neal John Huewes Isaac Imer WiUm: ClenweU James Huard Moses WUliamson Peter Young Henry Hoos Henry Wason John Cadlett John McCam teni SweU o Newkirk Nathan Sellar Joseph McClintock John Swingle Jas : Anderson Joseph Kirkpatrick Mathew Jaferes John Kenedy John Miller Adam WaU George Black John Sumet Thos Boyd John Seller Nathan Sellers Da-vid Brinten Joseph Borth John Light Henry Brenten Reuben Blackford John Finn George Hinch Chrisr: Schults George Reading Honkerson Ashby Andrew Gradry Seneca McRakin Jas : Delany Jas: Adams WUlm : Logsdon Martin Stull John Martin Rob' : Gilmore Jacob Westervel Gerardis Rekir John dine Thos : Applegab Michal pauU WiUm Irwin Jas : Steward George Steward WiUm: Welch Niclas Shirly Frederick Fore John Baley Frederick Dunfield Joseph Oldem WUlm Winter John Beson Charles Crump Jacob Dosson Josiah Walls John Little David Davis Charles Davis Rob' : Insworth James Purse John Johnson Aaron Rawlings Charles Bilderbok Jacob BUderbok Thos : HamUton David HamUton WiUm : Greathouse John Greathouse Herman Greathouse Joseph Tumblestone John Tumlinson Jesse Tumlinson Ben jam": Tumlinson Thos : Kennedy WUlm : Hougland John Hougland Squier Boon John Miller Michal Woods Andrew Dodds Mikel Kenedy Thos: CoUings Thos : Putnam George Rays Francis Reach David Kirkwood 142 Marietta College Historical Collections Adam Row John Wm; Privunce Adia Harten Evan Wilson Jeremiah Fresar Joseph Wm Province Benjamin Hook John ToU Henry Wade WiUm South Jesse Crank Joseph Grifinwalt Aus' : Miller Sami: Mason Lewis Hickman PhUip Mason John Massey Edward Soomes [Toomes?] Peter Buzzard Ezekiel Hickman Tasyrk Greenwalt John Unsel Mikel Teatus WUlm: Onie John James Richard James Samuel Wadmes Jonathan Cunningham Benjamin Caselman WUlm: Buruess Daniel James Samuel MUler Joseph Listen Isaac White Solomon Resiner Jacob Coseman Jacob Salmon John Esery Martin Colmore Banjamin Caselman Edward Listen Jacob Doom Abram : Rommer Jas : Johnson Sami : Watkins Jacob Barkman Edward Irwin John Irwin Jas : Boys Elijah Hart Thos Spencer Paul Humble Thos: DiUen Jacob Huffman Christ"- : Huf man Conrad Carito Sa. Light Sami: Lee Jas: Dougherty Ulunik Hernbank Marttti Curts Peter Bordmess James Faye John Overall Peter Loves Denis Downings John Williams Sponsor CoUings George Crist WUlm : CoUings John Lee George Eward [Coward?] Benjamin Cleaver Francis Daves Jas: McKee John Hose Hec'"- : Simpson John Wager Isaac Froman Joseph Mounts Jas: McCoUaeh James Campbell Heny: Campbell Samuel Dunn WiUm Weedwood Jas: CUmore [Gilmore?] Sami ; Gilmore Jas : Logan John Logan John M^Gee Mathew Logan Sami; Felin Sami : Gordon John Wilkeson Dinis Davis Thos : Pownser Jacob Spears Abram : Powell John Moires Daniel Spears Benjamin Doslie Mical Thomas Michi: Little Rudolph Hufman Thos; Hargis John Moore Jas : Dunbar Matthias Hook Jacob Funk Henry Houglan Thos: Talbort WUliam Look John Greenlen David McQuall Willm Lin Adam Money John Jones Da-vid Beach Thos : Stansbury John Vantreas Joseph Inlow WUlm: Bennet Jas : Hamilton John HamUton WUlm : Ewing Joseph Sulivan Ohio in the Time of the Confederation 143 Samuel Glass John White John Airwin John iJougen James HamUton Henry Richards John Listen Thos: Dowdall John Fregas Joseph Brown Joseph Thompson Thos: Pursel Reuben Oass Judiah Huntington Charles Dunkin Zachariah Hold Theophilus Cox Jas : Pursely Mashesh Carter Hugh Begarstof Joseph Johnson Charles Secomp Rob' : Sweny Moses Speed Smith Harsborough Jas : Brovm Joseph Little Daniel Williams John Ligwald WUlm: Rice Thos: Cavet James Neavil Amasa Frisel Dinnes Pursel Benjamin Byard John Townapend Benjamin Petteu John Heart Samuel Harris Stephen Harris John Mayhue Haris Asuenah Harris Jas : Haris Rob' : Brusler Gro : Campbell Rob': Thirkman Sami : Thirkman Willm Lawrence George dark Michal Kirkham George Tayler John Hunt Sami : Mason Mathias Hooke Jacob Funck Moore Thos. Roach Andrew Corn George Corn Burgis White Rob' Brown Thos: Hart Thos Cunningham Charles Mason John Write James Brown WUlm Brown Allen Griffin Richard Moore Hugh Jackson Jeremy Hardese Ephrm : GUding Gro : Gilmore Jas : Burk Mikel Tedenhaver Thos Johnson Mathew Rogers Patrk. Gordon Willm Sweden Joseph Conaway John Glasher Charles Young Alexr: Tutch Jas: Toby Jon : Mathews John Ruth Joseph Sulavan [Jr.?] Jacob Drenning Daniel Jones Rob' : Hamilton John Stuart J. Cross Charles west John West John deer Jesey Stuart Mickel kintner Peter Paul Isaac Boulder Cumfort Busier Gabi: Melter Henry Prayter John Rice Harry Hougland Thos Talbort ^'^illiam Look J'^Ji Grunter WUlm : Harker David Hawkins WUlm: Chraven Zacheria Dye John Thompson John Hunter John Grundy Jas : Thompson Thos: Whithedge Joseph Grundee David Hockins Wiliam Overall Harrison Overall William Hopkins Willm: CoUings Willm : Colings George Grundy Thos PhiUips Thos Stone Thos Senderson WiUm: dove Cornelius Bogard 144 Marietta College Historical Collections Thos. Welch James Johnson Joshua deaver John WiUiams Sami; Criss Edward Skidmore John CampbeU Charles Black John Pook XXXIV Hutchins to the Peesident of Congeess (1786)'^ Sir I had the honour of writing to your Excellency the Sth of July, when I informed you of my arrival at Pittsburg, and of my intended departure for this place : here I waited for the arrival of the Surveyors untill the 21" of +(he same Month, when those from +^ Eastern F/*^ks, as also from the States of New York, New Jersey, Pennsylvania and Maryland ar rived:" On the same day I conveyed to them my sentiments in a Letter of which the foUowing is a Copy.* ' Gentlemen "In consequence of a Report made by the Indian Commissioners of the friendly disposition of the Indians to Congress, that August Body has been pleased to order you Gentlemen and myself to this part of the Country to execute such parts of their Ordinance as respects the Geographers Depart ment—I therefore desire your immediate attend- 76 From the Papers of the Contimental Congress, no. 60, 249, -with enclosures from General Tupper, Colonel Harmer, and Jacob Springer. 77 The surveyors appointed were Benjamin Tupper (Massachu setts), WiUiam Morris (New York), Alexander Parker (Virginia), James Simpson (Maryland), Robert Johnson (Georgia), Isaac Sher man (Connecticut), Absalom Martin (New Jersey), and Edward Dowse (New Hampshire). — Journals of Congress iv, 700. Ohio in the Time of the Confederation 145 ance to assist me in running the East and West Line mentioned in the Ordinance of Congress passed May the 20th 1785 ; also to carry into effect such further parts of said Ordinance as relate to our duty. With every sentiment of respect I have the honour to be Gentlemen your most obedient and very hble servant Tho: Hutchins Camp at the Intersection of the West bounds of Penn sylvania with the Ohio 2r' July 1786 — To the Gentlemen Surveyors" The 22* I received a Letter from the Gentlemen Surveyors of which the following is a Copy. "Sir "After carefully perusing your Letter of the 21^' "Instant addressed to the Surveyors coUectively — "With the greatest regard for the service to which "it relates and particularly that of carrying into "effect, the Ordinance of Congress of the 20th of "May 1785. We announce our disposition of ren- " der ing you every assistance, not incompatible with "the principles of safety — Made sensible, of the "general ill temper of the Indians, from a variety "of corroborating circumstances and the partial "mischief which has resulted from that disposition, "We think it our duty to inform you, as well for the "publick good as our present protection, that a body "of Troops will be necessary, to cover us in our "operations — with every sentiment of respect we 146 Marietta College Historical Collections "submit this to your consideration — In the mean "time we have the honour to be" "Sir "your most obedient "and very hble servants "In behalf of the Surveyors — Signed — "Benj" Tupper" "To Thomas Hutchins Esquire" The aforesaid answer occasioned my immediately writing to Lieut Colonel Harmer Commandant of the Troops in the following words "Sir The papers which I have the honour to enclose for your perusal contains a request of the Gentlemen Surveyors to assist me in carrying into effect the Ordinance of Congress passed May the 20th 1785; also their answer and reasons for not immediately complying with my requisition; — The truth of the Information on which they have founded their opin ions, to me, seems not to be doubted; but even if it was, as the Matter now stands, my operations are equally effected, as in either case, I am deprived of their assistance. — The good of the service therefore constrains me humbly to request that you will be pleased to order as soon as possible such a number of Troops to cover the Surveyors as in your opinion will be sufficient for their protection — The exceed ing great anxiety of Congress to have as much as possible of the Lands in the Western Territory sur veyed with the utmost dispatch ; and conceiving the success of my expedition to be so intimately con nected with the most important Interests of the fed eral Government that a second failure would be Ohio in the Time of the Confederation 147 calamitous indeed. — It therefore becomes my indis pensible duty to endeavour to persue every method in my power to fulfill the expectations of Congress ; and as an application to you, seems to be the only one left me; I am confident from your well known Zeal for the service, and the experience I have al ready had of your readiness cheerfully to comply with every measure calculated to promote the pub lick good, that you will be pleased to grant my re quest. With every sentiment of regard and Esteem July 22"^ 1786 I have the honour to be Sir To Lieut. Coll. Harmer your most obed' and Commandant very humble servant Tho: Hutchins" In consequence of the above Letter Captain Ham- tramck immediately marched with part of three Companies and arrived here the 5th Instant, and on the Sth he was joined by the remainder of his de tachment amounting in the whole, including officers, to about 150 Men, who are detained for want of pro visions. — On the same day I applied to Captain Hamtramck (who cheerfully evidences the best dis position to support every measures calculated to promote the good of the service) for, and immedi ately obtained, as many Soldiers, as provisions could possibly be collected to support during the time it would take to complete the East and West Line of the first Range, beginning at the place where I ended last year. — The 10th I finished the north side of the Range, and set a Surveyor to run it into Townships which he is now industriously employed in doing. 148 Marietta CoUege Historical Collections On my return to Captain Hamtramcks Encampment which was on this day, I had the mortification to find, notwithstanding every exertion in his power for the obtaining Provisions, he was stUl without any, ex cept, a smaU precarious supply of fresh Meat : How ever, he has the strongest assurances that the Con tractor will furnish a supply by the 15th Instant, when the Troops will immediately proceed with the Surveyors. The day on which I set out to Survey the afore mentioned Range, I received a Letter from Lieut. Coll. Harmer, of which the following is a Copy. ' ' Fort Harmer, at the Mouth of the Muskingum "26th July 1786" "Sir "I have the honour to acknowledge the receipt "of your favour of the 22°* Instant enclosing me a "Copy of your Letter to the Gentlemen Surveyors "and their answer thereto, by which I observe you "request me to order such a number of Troops to ' ' cover the Surveyors as in my opinion will be suffi- "eient for their protection — I shall order the three "Companies, which are at present stationed at the "Merigo bottom," under Command of Captain Ham- "tramck to remove from thence directly, to your "Encampment for the purpose of covering you as "effectually as lays in his power. — Captain Ham- "tramck's command will consist of about one hun- "dred & fifty Men — I have directed him to converse "with you upon this subject, and as he will be on the "spot, to make the best arrangement he can, for "Escorting and Guarding the Surveyors — If this "force should be found insufficient, upon your re- 78 Mingo Botton near SteubenviUe, O. Ohio in the Time of the Confederation 149 "quest to me, Captain Hamtramck shall be rein- " forced from hence with another company — If any * ' thing material should transpire, I beg you to send "me early Intelligence thereof — I shall be happy to "hear from you frequently, where you are, and how ' ' the business goes on. ' ' "I have the honour to be "with very great esteem "Sir "Your most obedient Servant" "Captain Hutchins "Jos. Harmer" Geographer to the United States." I beg leave to observe that my making a second requisition for Troops will very much depend on the nature of the Intelligence I shall receive by the re turn of the Messenger sent by me from Pittsburg to the Indian Totstis. On the 11th Instant I received a few lines from him, of which the following is a Copy. "Lower Sundusky 19th July 1786" "Sir "I arrived at this place the 15th after a tedious "Journey occasioned by my Horse being lame — I "was received very well by the Indians — No Chiefs "at home only two old Men, who told me that the "other Chiefs belonging to this Town were gone to "Canada, and that it was out of their power to go "with me, but would be willing could they leave "home — Tomorrow I shall set out for the Upper ' ' Towns, where I here there are no Chiefs at home, "but are all out a hunting: I expect I shall be de- " tained there some days to get them together." "I am Sir with respect" " To M' Hutchins " " Jacob Springer ' ' 150 Marietta College Historical Collections Before I conclude this Letter or rather narrative of facts I beg leave only to take up as much of your Excellency's Time as to inform you that the Sur veyors are arrived, all but those from the States of Delaware, Virginia, and South Carolina, the latter is hourly expected ; and from the favourable appear ance of circumstances, I have great reason not only to hope, but expect, that I shall be able to completely finish the surveying of thirteen Ranges by the first of December next, when I purpose returning to New York.— As Occurrences arise worthy your Excellency's attention, I shall embrace the earliest opportunity of communicating them. — I have the honour to be with the greatest Respect Your ExceUency's most obedient and most humble servant Camp at the Intersection of Tho : Hutchins the West bounds of Pennsylvania with the River Ohio 13th Aug' 1786 — [Indorsed:] Letter 13 Aug. 1876 Tho^ Hutchins Read 11 Sept. 1786 XXXV Hutchins to Congress (1786)" I had the honour of writing to your Excellency from Pittsburg the 8th of July last, when I men- 79 From the Papers of the Continental Congress, no. 60, 257. Ohio in the Time of the Confederation 151 tioned my having sent a Messenger to the Wyandott, Delaware and Shawanoe Nations requesting a chief from each of them to accompany the Surveyors dur ing the Time of their being employed in the Western Territory. And on the 13th of August I transmitted a brief account of the Occurrences relative to the Geographers Department for your Excellencies perusal. — Since the last mentioned Period I have been indefatigably employed (even Sundays not ex cepted) in measuring the East and West Line, and it is with pleasure I inform your Excellency that I am now engaged in the seventh Range, and am proceed ing as rapidly as the nature of the Country admits of. I could here enumerate many embarrassments occasioned by mirey Swamps and the ruggedness of several parts of the Country, but as both my duty, and Inclination, leads me rather to surmount, than complain of, difficulties, I will detain your Excel lency no longer on this disagreeable subject, but pro ceed to inform you of the arrival of my Messenger from the Indian Towns, which was on the Evening of this Day. — The enclosed paper ^" signed by him self contains the substance of his transactions with the Indians: from which it clearly appears to me, that my finishing the thirteen Ranges this season, will in a great measure, if not solely, depend on the protection which will be afforded by the Troops. — Colonel Harmer who upon all occasions where the service requires it, cheerfully furnishes every As sistance in his power, has detached all the force he can consistently spare, about 196 Men, under the Command of Captain Hamtramck, a spirited, Active and good Officer who with his Detachment have been 80 Doc. xxxvii. 152 Marietta College Historical Collections for some time past, and still are detained at the In tersection of the West bounds of Pennsylvania with the Ohio, for want of Provisions to enable him to March and Cover the Surveyors. — Captain Ham tramcks Exertions to forward the service merits more praise than I have words to express : but Not withstanding his best endeavours, the want of Pro Adsions has put it out of his power to afford me a larger Escort than a Subaltern and thirty Men. — I am now advanced in the Wilderness more than thir ty eight MUes, and all the Meat we get depends on the precarious supplies of a couple of hunters, whose success hitherto has been such that the detachment with me have been without Meat for more than five days together.*^ — If circumspection and good Con duct alone were sufficient to frustrate the designs of evil disposed Indians, Lieut. Kersey, who Commands the few Soldiers with me, would be ample protection : but I humbly conceive it may be presumed, that the smallness of his Party, would rather induce, than be able to repell, an attack, more especially, as they are every Day divided, one half remaining for the pro tection of the Camp, while the other half cover me in my operations. — The above hints are only men tioned to convey to your Excellency a faint Idea of my present situation: For be assured, that I am 81 The genial picture of novelists and novelis,t-historians portray ing the western hunter or pioneer as revelling daily in the game secured by his "trusty rifle" is sadly upset by the few real records we have of real men. The Indians on the Ohio were often in a state of starvation (A. B. Hulbert, Washington's "Tour to the Ohio and Articles of The Mississippi Company," Ohio Archaeological and Historical Society Publications, xvii, 481) and, in the present in stance, we see soldiers well armed unable to supply the camp. Ohio in the Time of the Confederation 153 determined to carry the Ordinance of Congress re specting the Geographers Department into effect, unless prevented by superior force or the inclemency of the season. — As this Epistle was written in a hurry and at a late hour of the night, I hope your Excellency will be pleased to excuse any inaccura cies in it. I have the honour to be with every Sentiment of Esteem and Respect Your Excellencys Camp on the East and most obedient and West Line 38 Miles from most humble servant the Ohio. 11 0 'Clock at Night Tho : Hutchins 13th September 1786 — [Addressed:] Publick Service His Excellency The President of Congress New York Letter 13 Sepf 1786 Tho' Hutchins read 3 Oct 1786 enclosing the report of Jacob Springer respecting the temper and conduct of the Indians — 154 Marietta College Historical Collections XXXVI Speingee TO Hutchins (1786)'' 38 Miles on the East and West Line 13th Sept' 1786 Sir Since my arrival at Lower Sandusky after the 15th of July from which place I had the honour of writing you on the 19th — I set out for Pipes Town distant 35 Miles, and the 23'* had the satisfaction of reach ing it. The Indians at that place I found in such a state of Intoxication owing to spirituous Liquors as rendered them unfit for business of any kind. From thence I proceeded to the Wyandott Towns (imme diately) at Upper Sandusky which is about 6 MUes further, here I stayed one day and was informed that the Indians together with Capt. Pipe*^ were sober which determined me the next day to go back to Pipes Town, on my arrival there, I produced the Instructions which the Geographer had charged me with, together with his address to the Indians ; Upon which Captain Pipe replied, that, he thought Us in a great hurry to survey the Lands that as a prepara tory to the business it was in his opinion We should drive off and exterpate if possible the Cherokees and Mingoes whom he said might be very troublesome to Us. — He finally told me that I must wait untUl the Half King of the Wyandotts returned from hunt- 82 From the Papers of the Continental Congress, no. 60, 253. 83 Delaware chieftain uniformly hostile to the whites; he was a leader of the party which burned Crawford to the stake four years before; both had been parties to the treaty signed iu 1778 at Fort Pitt between the Delawares and the United States. Ohio in the Time of the Confederation 155 ing upon what ground he then was none of them knew, or I would have set out to him — On the 25th I returned to the Wyandott Towns at Upper San dusky, and on the 28th of July I was seized with a Fever at that place where I remained ill and pre vented my leaving it untill the 30th of August, dur ing my detention there the Half King returned from his hunt and on the 2°* of Sept' I had a Conference with him, and the Indian Speech accompanying this, together with a string of Wampum, will shew the Contents. — Had I not have fallen Sick I should have gone to the Shawanoes Towns — though strongly ad vised against it by the Wyandotts and Delawares who said positively that there was danger of being kUled from the Mingoes and Cherokees who fre quently were in the Shawanoe Towns. When I re covered, the season fast elapsing, and apprehensive of the Geographers uneasiness, I concluded immedi ately to proceed to Fort MTntosh where I arrived the 10th of Sept' Escorted by three Indians and one I hired to look up my Horse, being too much weak ened by sickness to do it myself. — It is my opinion that the Chiefs of the Wyandotts and Delawares will not consent to their young Men committing any hos tilities upon the Surveyors without first desiring them to leave off surveying. — But what the Ban ditti consisting of about 200 Men composed of dif ferent Nations known by the names of the Chero kees and Mingoes, may do, I cannot take upon me to say. I am with respect To M' Thomas Hutchins Jacob Springer 156 Marietta CoUege Historical Collections The foUowing is a Copy of a Speech of the Half King of the Wyandotts, delivered by the Half King, and agreed to by Captain Pipe who was present. "My Friends and Brothers — "We know what you all say, and Captain Pipe "knows the same — You always teU me to let you "know if the southern Indians** are for any Mis- " chief — Now I tell you for to take care of them — "Your people pass and repass through our Country "and we never molest them — "My Friends ad Brothers "Now I tell you my reason that the Chiefs can- "not comply with your request to come and deliver "Up the Land,* for We are trying to bring the back "Nations to terms (meaning the Ottawas Chepawas, " Poutawatamies and Miamies) as well as ourselves ' * and we must hold a Council with them first before "we can speak any with you concerning the above "mentioned lands. "My Brothers "If you would caU a CouncU with the back Na- " tions [Ottawas etc.] it would be very much in your "favour and likewise in ours, for I am very much "afraid that all We can say wiU be to little purpose "with them — "My Friends and Brothers "I am now just between two fires for I am afraid "of you and likewise of the back Nations. 84 The Cherokees are meant by this allusion to ' ' Southern ' ' tribes. To this "banditti" is attributed the attack on the Ohio Company's settlement at Big Bottom in 1791. * The Messenger told the Interpreter to tell the Indians that the Lands were already given up, that he wanted them to send some of their Chiefs with the Geographer, they replied that it should remain as it was expressed and not a word be altered. Ohio in the Time of the Confederation 157 "My Brothers "If you have anything to say don't keep it in "your Hearts but let me know — You sent your ' ' Friend here to me and I have heard all you had to "say, and now I send four of my people back with "him for fear of any accident might happen him on "the Way and then I should be to blame for it — "Now my Brothers I send my People to you I expect "you will take care of them and not let them be hurt. "Now my Friends and Brothers I take you by the hand. "Gave a string of Black and White Wampum. ' ' *^ "Upper Sandusky 2nd Sept' 1786 "To M' Thomas Hutchins at Fort Pitt." XXXVII Feeguson on Indian ^HosTILITIES (1786)'° Fort Pitt Sept' 14th 1786 A man who for many reasons wishes his name not to be known makes the following Report That he was made prisoner Six years ago by the British and Indians and has since generally resided in the Indian Country, that he left lower Sandusky the 5th Instant, that in the course of last Spring the Nations on the Waters of the South side of Lake 85 Belts of white wampum signified peace ; those of black, war ; the mixture used in this instance was significant of an undecided attitude. 88 From the Papers of the Continental Congress, no. 60, 279. 158 Marietta College Historical Collections Erie, on the Miamis and Wabash held frequent Councils amongst themselves, that afterwards some from each of the Nations went to the Northward to hold a Council with the six Nations, that a great number of Chiefs were in CouncU a considerable Time at a place to the North of Lake Ontario, that no Interpreter or Person who understood English or was not called to this CouncU was admitted, that the Wyandott Chiefs were there when M' Springer (a Messenger from Capt. Hutchins) arrived at the low er Sandusky, and returned to lower Sandusky, the day, or the day before that M' Springer sett off from upper Sandusky to go back to Capt. Hutchins (Up per Sandusky is distant from the lower thirty Miles) — That seventy Warriors of the six Nations were expected soon after who with the Chiefs of the Wyandotts Delawares &c were to go to the Shaw anoes Towns where a large body of Indians were already collected with hostUe Intentions, the reason of their being already assembled is their having re ceived information that their country is to be sur veyed which they are determined to oppose at aU events — This is not only the sentiment of those al ready assembled, but that of all the young Men of the Indian Nations, who say that they will put their old Men Women and Children behind them and will defend their Country to the last extremity, if they are beaten they wUl destroy what they cannot carry off and will remove to the setting of the Sun — They will give up all within the Pennsylvania Line, for that they have promised, but no more. They are determined that the Line now Cutting by Pennsyl vania shaU bound them to the Sun rising, and the Ohio in the Time of the Confederation 159 Ohio shall be the boundary between them and the big Knives'' — They have frequently enquired if Captain Hutchins was out and say that the moment they hear of his beginning to survey five hundred Men will March from the Shawanoes Towns to cut him off — that this will be the case the informant verily believes, for they all seem greatly exasperated and they are more united and better prepared in all respects for War, than ever they were during the time of his residence among them — He adds that just before he left lower Sandusky he was informed that some of the young Men intended to kill M' Springer who was then at Upper Sandusky, that he immediately dispatched a Man and Horse to bring him to where he was, but Springer was gone before the arrival of the Man at upper Sandusky — that he was told, that when the purport of Springers Mes sage was known at the Shawanoes Towns the young Men were so angry at it, that they would not suffer their Chiefs to hold a Council, which is customary when they receive any News of consequence — he further says, that thirteen Scalps and four prisoners were brought into the Shawanoes towns that two of the Prisoners Women, were burned, they were Mother and Daughter of the name of Moore their Names were known by Papers found with them. I do certify that the above is a true Copy of the Intelligence delivered by the above mentioned Per son to me. Signed W" Ferguson Capt. of Artillery 87 The Virginians. 160 Marietta College Historical Collections XXXVIII SuEVEYOEs TO Hutchins (1786)'' Camp, near the Ohio, 5 miles below little beaver rivulet October 1 1786 Sir We were honoured with your letter of this date with the several papers that accompanied it; upon mature deliberation and a particular reference to them, we conceive emminent danger in a prosecution of the business upon an extensive scale, we are fully perswaded of Major Hamtramck 's vigilance in af fording us that military protection, which with pain we observe is necessary from the present hostile in tentions of the Indians — How far the operation of our opinions in submission to your request may ef fect the political interest of the United States let the event decide — With respect to our personal safety we conceive ourselves rather bound by the nature of our employ ments (unless ordered otherwise) to view with re gret, rather than caution against ; We wiU, altho in compatible with our interest, afford every assistance in completing surveys to the fifth range, or as far be yond as the Geographer may deem prudent and nec essary — You remind us of the consequences that impend our operations, & on their success you particularly dwell. Most of us have felt for our country, and we have the confidence to reply that next to ourselves, we would disregard every other consideration ; you remind us also of the imbecility of the Public Treas- 88 From the Papers of the Continental Congress, no. 60, 273. Ohio in the Time of the Confederation 161 ury, we are sorry for it, & can assure you it does not stand as the only instance wherein most of us had reason to lament it — However, fiattered with the confidence you have hitherto reposed in us, and as sured of the purity of your intentions, we hope our reputations may be shielded from the poison of U- liberal reflection, being well aware of the delicacy that attends an opinion on matters so important as you have represented — We have the honour to be with Great Respect Sir your most obedient humble serv'^ Benj Tupper To W". W. Morris Thomas Hutchins Esquire Absalom Martin Geographer to the United James Simpson States Sam' Montgomery Mich". Duffy And"". Henderson Charles Smith [Indorsed:] Rec* 1 Oct. XXXIX Hutchins to Congeess (1786)" Sir The last Letter I had the honour of writing to your Excellency was dated the 13th of September, 11 o'clock at night 38 Miles on the East and West Line, when I transmitted the Occurrences of the 89 From the Papers of the Continental Congress, no. 60, 261. 162 Marietta CoUege Historical Collections Geographers Department and of my situation at that Time. — I am now to inform your Excellency that in the afternoon of the 18th of the same Month, when I had progressed almost 43 Miles, as I was superin tending survey in the eighth Range, I received from Major Hamtramck by Express, the Intelligence re specting the hostile intentions of the Indians, con tained in the enclosed papers N". 1 and 2 ; which I layed before the surveyors then with me who abso lutely refused proceeding any further on the sur veying business: and after advising me to inform the other surveyors with the Intelligence I had received, gave it as their opinion, that I ought immediately to retire to Major Hamtramcks detachment then at the Ohio, or untill I should meet him in case of his hav ing Marched to Cover me. — The next morning af ter I had written by Express to the surveyors on the 3rd, 4th, 5th and 6th Ranges, those of the 7th Sth and 9th being with me, and cautioned them, against discharging their Chain Carriers and himters untill they should see me ; to lose no time in following my example, I set out, and on the 2P' about 2, o'clock P.M. met Major Hamtramck who had already ad vanced with his whole Force 15 Miles for my protec tion, the whole of his provisions amounting to two thousand weight of flour and Eight small Bullocks. — Here it was thought adviseable, as my hopes of completing the thirteen Ranges from the present complexion of affairs, were to my great mortifica tion, rendered very doubtful, to wait the arrival of the surveyors who were hourly expected, and take their opinion relative to their proceeding to survey the aforementioned Ranges including the seventh Ohio in the Time of the Confederation 163 Range, should they not be inclineable to survey any further. — I had in contemplation, rather than relin quish the business, the contracting my operations to so smaU a Scale, that the troops might more ef- fectuaUy Cover the surveyors. — On the 22°* finding the surveyors had not yet arrived, the Troops re tired three Miles further to a strong piece of ground, with plenty of water, where they Encamped. — The morning of the 23'*. I desired the surveyors with me, would favour me with their sentiments, respecting their returning to business ; who declined giving an answer, untill the arrival of the other Gentlemen ; at the same time they recommended our retiring to the Ohio and there wait for them. — Agreeably to their recommendation, I applied to Major Hamtramck to put his Troops in motion, which he accordingly did, and in the afternoon reached the Ohio where we En camped. — The 24th the Troops occupied a strong and commanding situation with the Ohio close in the Rear, the same day Captain Martin who had been employed surveying the second Range in stead of Captain Hoops, whose indisposition obliged him to decline the business for the present, arrived. — This morning in company with the Commanding Officer I viewed the ground for proper situations to erect three Redoubts on; and the whole detachment, ex cepting the Guards, were immediately set to work; — About 11. o'clock A.M. I received a Letter from M'. WUliam M'Mahan a Magistrate for Ohio Coun ty, Dated the 21" of September 1786, of which the following is a Copy. [Paper No. 1] "Sir, The difficulty of procuring hands, occasioned 164 Marietta College Historical Collections 'by the late alarms, is beyond conception. — Sev- ' eral have engaged and disappointed me. Weeling 'is become a Garrison, the Inhabitants to a Man, as 'high as Zeans's'" are fled, except TomUnson and ' Shepherd, and a few about the Mingo bottom, who 'are building Block-houses. — What is to be the eon- ' sequence I know not. however no pains shall be 'wanting on my part. — The Block-house near Us 'called Cox's Fort is about being erected by Cap- 'tain Swearingham.^' I cannot conceive any dan- ' ger as yet, however it is prudent to be guarded. — 'The alarm came by a certain M'. Newland who 'came from the Indian Towns and made Oath, a 'number of the Tribes had agreed to strike the sur- ' veyors and Weeling settlement. — That he was un- 'der promise not to inform, or spread the alarm, 'except to tell Zeans and Shepherd to be on their 'guard; the former of these (Zeanes) has made ev- ' ery necessary preparation. The latter ( Shepherd) 'has made none; rests assured, they cannot spare 'their Men in such numbers as Clarks Expedition 'is now in their Country. — Newland says a number 'of Indians from the West of Lake Erie had joined 'the others." — The 25th, continued buUding the Redoubts. — The 26th the Soldiers who had been guarding Major Ser- gent on the fifth Range, arrived and reported they left the Major about 12 Miles below Yellow Rivulet ; they expected him here in a day or two. — This af ternoon the Redoubts being finished, the Troops En- 90 Ebenezer and Jonathan Zane made a settlement on the present site of Wheeling, W. Va., in 1769. 91 Probably Captain Thomas Sweariagin, a famous Ohio Valley pioneer. Ohio in the Time of the Confederation 165 camped in the rear of them. — About 7 o 'Clock this Evening Lieut. Ford arrived in five days from Fort Harmer at the mouth of the Muskingum, and deliv ered me a Letter from Colonel Harmer dated the 21" September 1786 — The following is an Extract from it. [Paper No. 2] "I sincerely hope that you may meet with no inter- "ruption from the Indians, but I have received In- "telUgence that a large body of them, are assembled "at the Shawanoe Towns with hostile Intentions, "which account I have transmitted to Capt". Ham- "tramck, that he may be upon his guard. — I have ' ' not the least intention that this Intelligence should "operate so as to deter the surveyors from prosecut- "ing their business. — I have written to Captain "Hamtramck that I would rather sacrifice a Com- ' ' pany than not persevere in supporting you. ' ' — Lieut. Ford also brought Information that all the Inhabitants below Weeling had deserted their houses; and that a house near Grave Rivulet 12 Miles below Weeling had been lately attacked by In dians: who killed a Woman and a Girl, and wound ed a Boy whom they made Prisoner ; that they fired upon some White-Men and killed one of them, that the Men returned the fire, killed three of the Indians, defeated the rest, and released the wounded boy. The 27th of September about 12 o 'clock dispatched a third Express (the two former having miscarried) in search of Colonels Sproat and Sherman. — The 28th Major Sergent arrived, in consequence of his having received an answer dated the 21" of Septem ber to a few lines he had written Major Hamtramck 166 Marietta College Historical Collections a day or two before. — My Express to him of the 18th having never come to hand. The 29th Captain M"- Curdy arrived from Fort MTntosh and reported that the day before his departure two white men Indian traders, and an Indian came there, who declared that near to where the East and West Line crossed the Tuscarawas Path '^ they came to an Indian Encamp ment, where there were two or three Indian Boys, of whom the Indian with them asked several questions in different languages, but obtained no answer, that on looking round them they discovered twelve or fifteen small marks, upon which the Indian told them they must not stay there as the Indians of that Camp were for War. that they instantly left the Camp, when a Gun was fired by way of signal as they sup posed, as immediately after they heard the yellings of Indians, who to the number of about a dozen pur sued them upwards of six Miles, but being mounted on good horses lightly loaded they escaped safe to MTntosh. This Morning Lieut. Bissell with a party was de tached in search of the troops Escorting Colonels Sproat and Sherman on the 3'* and 4th Ranges, also to Reconnoitre to the End of the East and West Line to make discoveries. — The 30th an opportunity of fering I transmitted Colonel Harmer the Occur rences of my department to this Day. — Late this 02 The "Great TraU" from Pittsburgh across what is now Ohio. — A. B. Hulbert, Historic Highways of America, ii, 107. The records of the surveyors of the Seven Ranges wiU make possible a more ac curate delineation of the Indian traUs of eastern Ohio than has been attempted. Conditions in Washington at the present time make this research practically impossible. The editor hopes to present this data in an appendix to a succeeding volume of these Collections. Ohio in the Time of the Confederation 167 Evening the Express that had been sent in search of Colonels Sproat and Sherman, returned and re ported, that Sherman was at the Mingo Bottom, to which place he went for Provisions for himself and party, and he supposed Sproat was with him, from the number of tracks he discovered leading from their Ranges that Way. — As I was now satisfied re specting the safety of Colonels Sproat and Sherman, and being anxious to know the sentiments of the Sur veyors relative to their immediately proceeding to business, I was induced to write them a Letter of which the foUowing is a Copy. ' ' Gentlemen, For your mature consideration, I think it my duty to lay before you the enclosed Intelligence : and prev iously to your honouring me with your answer and opinion, which I desire may be as soon as possible, I beg leave to inform you, that Major Hamtramck has declared to me his readiness to Cover you Gentle men in the course of your duty as far as possible with the number of Troops under his Command: and I have the pleasure to assure you that I am also ready to proceed with you. — Should any of you Gentlemen happen to be of opinion, your accompanying me to completely finish the thirteen Ranges this Season may not comport with your personal safety, you will afford me your assistance in finishing the fourth Range at least, with as many more Ranges as you may determine on ; that Congress may be enabled to proceed to the Sale of part of their Lands immediate ly after my return with your Surveys to New York. It would be unnecessary for me to remind you Gen tlemen how much depends on the success of our oper- 168 Marietta College Historical Collections ations : however, you will no doubt take into consid eration the poverty of the publick Treasury, the want of means to discharge the foreign as weU as the Domestic debts of the United States, and how far the success of our endeavours to survey as much as possible of the western Territory, will contribute to wards supporting the most important Interests of the federal Government. — I have the honour to be with sentiments of Esteem and respect Gentlemen Camp near the Ohio 5 Miles your most obedient below little beaver Rivulet and most hble servant October 1". 1786. Tho : Hutchins To the Gentlemen surveyors in the Western Terri tory. The answer I received in consequence of the above Letter is contained in the enclosed paper N" 3. — I beg leave to observe it has uniformly been my opinion if no further unfavourable accounts arrived than those already submitted to the consideration of the Gentlemen surveyors, that the seventh Range might be surveyed under Cover of the Troops with as much safety as the fourth Range. I therefore de sired M' Morris to propose it to the surveyors when they were determining on the steps to be taken rela tive to their returning to their duty; which he ac cordingly did, and which they unanimously refused complying with. Upon which I advised the Gentle men who were to complete the second, third, and fourth Ranges, to provide themselves with hands, horses and provisions as soon as possible, which they are now doing, and this morning Captain Mar tin set out under Cover of a Subaltern and twenty Ohio in the Time of the Confederation 169 Men to finish the second Range. — This afternoon Colonel Sherman arrived and expressed his willing ness to finish his Range, and the day following, the 2°* of October, he set out to engage hands &" for the purpose.October the 3'*. This afternoon Colonel Sproat ar rived after having proceeded, so far on the fourth Range as to complete four Townships, when being out of Provisions, and receiving information that the Indians had killed some people East of the Ohio near to Weeling, he thought it prudent to retire, that on the 19th of September he sent a soldier with a horse from the Une where he was surveying to his camp -distant about a Mile and a half. — that neither the Soldier nor the horse have been heard of since. Colonel Sproat further adds, that from the tracks lately discovered by his hunter, he has reason to ap prehend their having been taken off by some Indians. — Lieut. Petre, who accompanied Colonel Sproat, also lost a valuable horse, which he thinks was taken off by Indians, as their tracks were followed a num ber of Miles Westward by two hunters he had em ployed to find his horse. — Colonel Sproat further said that on his arrival at Mingo bottom the first of October he was told that a few days before, two In dians had taken a Negro Man Prisoner near that set tlement, and on hearing some Bells one of the In dians went off with an intention as the Negro sup posed, to steal horses, that though the Negroes Arms were pinioned, yet he found means to obtain so much liberty with them as enabled him to kill the Indian who was left to guard him — after which he went to one Shepherds, being the nearest settler to him, and reported what he had done ; upon which a small par- 170 Marietta College Historical Collections ty marched to the place and found what the Negro had said to be true. — Coll. Sproat having corrobo rated the opinion of some of the surveyors, that the best rout to return to their respective Ranges, and the easiest way for the Troops to March, was by the Mingo Bottom. Major Hamtramck in consequence purposed setting out for that place immediately on the arrival of Lieut. Bissels party who were hourly expected. The 4th of October Colonel Sproat pro ceeded for the Mingo Bottom, to engage hands pur chase provisions &". — The 5th it rained all day and great part of the Night, as it had almost constantly done these five days past. — At 3 o'clock P.M. Lieut. Bissel returned, and brought with him a Soldier of Major Sergent 's party who had lost himself, and had been nine days mostly without provisions. Lieut. Bissel reported that he had discovered the tracks of a Horse and also of two Indians, supposed to be those who had taken Colonel Sproats horse and the Sol diers who is still missing. , The Troops were detain ed in Camp by wet weather untill the 7th of October, when about 12 o'clock they crossed the Ohio on their way to the Mingo bottom. — The Sth in the morning I set out and arrived at the same place in the after noon. The 9th at 10, o'clock A.M. the troops arriv ed and continued their March to Buffaloe Rivulet'* distant about four Miles below Mingo bottom, at which place the surveyors were desired to attend to receive the detachments destined to guard them re spectively. — Here Major Sergent signified he was ready and Willing to survey the fifth Range : he was immediately furnished with a guard for the purpose : and notwithstand the unfavourable accounts repeat- 93 Wellsburg, W. Va. Ohio in the Time of the Confederation 171 edly received, I have the satisfaction to inform your Excellency that I have the prospect of completing five Ranges this season. — Having supplied the sur veyors with the necessary guards, it was thought ad viseable to proceed with the- remainder of the troops and take such a position as to be able to afford the speediest relief in case of necessity; for which pur pose the troops Marched, and on the 11th reached Cox's Fort, and on the same day recrossed the Ohio on their way to take a central position some where between the surveyors and the south limits of their respective Ranges. — The 12th continued in Camp to make some necessary arrangements previous to Marching in the Woods. — Thus much for the oper ations of the Geographers Department to this Day. — As occurrences happen in future I promise myself the honour of communicating them by every favour able opportunity. Be pleased to permit me to con clude this Journal of Facts by observing that the many difficulties I have been obliged to encounter in the course of my duty, have been greatly deviated by the cheerful and ready assistance afforded me on every occasion by Major Hamtramck. I have the honour to be with every sentiment of Esteem and Respect Your Excellency 's most obedient and Camp at the junction of most humble Servant Weeling Rivulet and the Ohio 12th October 1786— Tho: Hutchins [Indorsed:] Letter 12 Oct. 1786 Thomas Hutchins Read Nov' 1786 172 Marietta CoUege Historical Collections XL Indian Chieftains to G-eneeal Butlee (1786)°* Sandusky 28th October 1786 — We, Chiefs of different Nations, Especially the Wyandotts, did inform you by your people who went by here some time ago with Cattle it being quiet and peaceable with us at that time. But since that time there has been some of your people at the Shawanoes Villages and destroyed them, and likewise killed ten of the Shawanoes and five of them was the principle Chiefs, and took a number of Prisoners, Women and Children."^ We, Chiefs of different Nations was then at that time gathering together from every quarter in order to have a Council, concerning of settling affairs in the best manner and the peaceablest between you and Us both. We, now acquaint you (since this affair has hap pen 'd) that you by all means keep back your people from coming this Way, for, or after, any sort of business, and likewise you will inform the Survey ors to halt and not to survey any more at present, as we are going to have a great Council with aU Na tions at the Wyandott Town — After our Council is over we will give notice concerning our late misfor tune and other affairs. Signed Abraham Coon Morrayet Haire Wyandott Chiefs To Rich*. Butler Gen' Superintendent of Indian Affairs. 94 From the Papers of tlie Continental Congress, no. 60, 289. 05 Gen. George Rogers Clark's campaign in the fall of 1786; Col. Ohio in the Time of the Confederation 173 XLI Indian Chieftains to General Butler (1786)** The answer of the Wyandotts and Delawares to the Speech sent to them by General Richard Butler Esquire Superintendent of Indian Affairs &° deliv ered to them by James Rankin 23'* September 1786 — Brothers of the Thirteen fires. We have heard what you said to us the other day. The peace we made at Beaver Creek [Fort Mcintosh] we will al ways hold that Belt of Friendship fast and wish you to do the same, and what you said about dividing the Land we likewise stand to it, but its best not to let it be divided yet. — There is something behind me I don't hke, and something from your side does not look good, if we force this work of the Land now it may do mischief, its best let the Land alone till every thing is right. Brothers were we Wyandotts and Delawares, to shew ourselves at the surveying of the Land we are very sure the other Nations of Indians towards the Sun Setting would whip us very sorely, for they are very angry and says we are just like the Amer icans. Brothers when we were at home we seen a black Cloud come from the Sun setting. We Wyandotts and Delawares pushed it back and it is still there. But now we see one rising behind you; you must look to it and push it away and make things clear. — Brothers, what We Wyandotts and Delawares say to you, you may be sure is right, and what News we Logan destroyed a number of Indian vUlages in Ohio in retaliation for constant raids directed against the Kentucky pioneers. 96 From the Papers of the Continental Congress, no. 60, 285. 174 Marietta College Historical Collections hear we will always let you know ; and we thank you for appointing General Butler to take care of us; and that he wUl let us know what News you have.— Brothers, We hear that Capt. Brant and some of the Sis Nations are gone by to the Shawanoes, and to the other Nations, and we are sent for; and we be lieve you will be sent for that We may all hear what they have to say. Brothers the Delaware Captain Buekingeehilas is come home from the Chickasaws Country and we are called on to go to his Town, to hear the News he has brought with him. [Indorsed:] Copy Half King of the Wyandotts & Capt. Pipes answer. XLII Hutchins to Congress (1786)" Sir I have the honour to inform your Excellency that notwithstanding the many unfavourable reports and disagreeable consequences which have very materi ally contributed to retard the surveyors in their operations four Ranges are completely finished, and forty two Miles of the west side of the fifth Range Run. — The first and second Ranges were surveyed into Townships by Captain Martin, and the third and fourth by General Tupper, Colonel Sproat, Colonel Sherman and M' Simpson. The above mentioned forty two Miles of the west bounds of the fifth Range 97 From the Papers of the Continental Congress, no. 60, 281. Ohio in the Time of the Confederation 175 was Run by Major Sergant. — I was exceedingly anxious to have the fifth, sixth and seventh Ranges completed in the course of this Winter; but it was the opinion of the surveyors that the severity of the weather would greatly retard their progress, as well as render the surveying business very expensive and disagreeable, they have therefore thought it most adviseable to retire from the business untill such time as it shaU be found practicable to survey early in the spring, when they wUl attempt finishing the above mentioned Ranges. I shall be detained here untUl such time as the Townships already surveyed are delineated on paper, which will probably take till the commencement of the ensuing year, when I shall lose no Time in proceeding with them to New York. — The latest and principal Intelligence re ceived here since I wrote to your Excellency by Major Doughty the 12th of November last is con tained in the enclosed papers N" 1 and 2.*' — For fur ther particulars permit me to refer you to Colonel Sproat who is the bearer of these few Lines. I have the honour to be with the greatest respect Your Excellency's Ohio County State of most obedient and Virginia 2"* Decem' 1786 most humble servant Tho: Hutchins His Excellency the President of Congress [Indorsed:] Letter Dec' 2. 1786 Thomas Hutchins progress made in survey speech of Indian chiefs & answers Read Feb^ 3* 1787 — 98 Docs, xl, xii. 176 Marietta College Historical Collections XLIII Hutchins to Congress (1787)°° Sir I have the honour to acquaint your Excellency that I left the western Territory the 1" Instant and arrived here last Evening. I have brought with me the Plats and descriptions of four Ranges completely surveyed into Townships containing in the whole Six hundred and seventy five thousand four hundred and eighty Acres. I have the honour to be with every sentiment of esteem and respect Your Excellency's most obedient and most humble Servant New York Tho : Hutchins 22-* Feb^ 1787 His Excellency the President of Congress [Indorsed:] Letter Tho^ Hutchins 22 Feb^ 1787 Read 26 that he has arrived with plats of the Country which is surveyed — 99 From the Papers of the Continental Congress, no. 60, 293. Ohio in the Time of the Confederation 111 XLIV Accounts with Surveyors op Seven Ranges (1785-1786)^°" D' The Surveyors of the Western Territory to the Geographer of the United States. Dollars. 90'iis Balances due Adam Hoops D^ 1785 & 1786, To Cash per Receipts DoUars 324 30 By Surveying 12 Miles of the 24 Range @ 2 doUars per MUe 24 300.30 William W. Morris Dr 1785 & 1786, To Cash, per Receipts 627. 4 By your expenditures in 1785, DoUars 303.12 By surveying 7% Miles in the 7'i> Range 15 . 45 318.57 308.37 Benjamin Tupper, Dr & 1786, To Cash per receipts 751.72 By your expenditures in 1785, 189.27 By Surveying 63 MUes, 2 chains, and 37 Liuks of the 34 Range, 126. 5 By Surveying % Mile of the Sth Range 1.45 316.77 434.85 Robert Johnerton, Dr 1786, To Balance due per your Receipts, 166.14 James Simpson, Dr 1785 & 1786, To Cash, per receipts, 575. 0 By your expenditures in 1785, 250.75 100 From the Papers of the Continental Congress, no. 60, 309. 178 Marietta College Historical Collections By Surveying 30 MUes of the 6'ii Range, 60. 0 310.75 264.15 Amount carried forward DoUars. . . .1474.90 Balances due Amount brought forward. DoUars 1474.1 DoUars gO'Ss Winthrop Sargent, Dr To Cash, per Receipts 250.60 By Surveying 60 MUes of the 5'ii Range, 120. 0 Ebenezer Sproat Dr 1786, To Balance due per your Receipts Isaac Sherman I> 1787, To Balance due per your Receipts, Edward Dowse, 1785, To Cash per receipts By your expenditures in 1785, Dr Samuel Montgomery 1786, to Cash per Receipt, Dr Charles Smith 1786, To Cash advanced, Dr 130.60 398.60 353. 0 394. 0 87. 0 307. 0 70. 0 66.12 Dollars... 2799 4390 NewYork 10'" March 1787. [Indorsed:] Captain Hutchins's Account of Monies paid or advanced to Surveyors, and of Balances due by them. Tho : Hutchins Ohio in the Time of the Confederation 179 XLV Audit of Surveyors' Accounts (1787)^"^ Office of Accounts New York 4'" May 1787. Sir, I have examined the Account of Thomas Hutchins Esquire Geographer to the United States and find: That per the Register's Certificate here with, he stands charged on the Treasury Books of the United States with the sum of Nine thousand seven hundred and forty one dollars. Dollars 9741. 0 That he charges for his salary as Geog rapher from the 27'" day of May 1785 to the 31" day of March 1787 inclusive, which is equal to a period of 674 days @ 6 dollars per day amounts to the sum of dollars. Dollars 4044. 0 Ditto for this sum paid the following Sur veyors viz Benjamin Tupper, William W. Morris, Alexander Parker, James Simpson, Robert Johnston, Isaac Sherman, Absalom Martin, and Edward Dowse, for their ex- pences incurred in 1785, agreeably to a Res olution of Congress of the 26'" day of Sep tember 1786 to the amount of 1673 . 62 Ditto for this ditto paid Ebenezer Sproat, James Simpson, Isaac Sherman, and Absa lom Martin, for surveying 430 Miles, 55 Chains of the 1" 2* 3* and 4'" Ranges @ 2 dollars per mile 861.31 Ditto for this ditto paid Adam Hoops, William W. Morris, Benjamin Tupper, 101 From the Papers of the Continental Congress, no. 60, 313. 180 Marietta CoUege Historical Collections James Simpson, and Winthrop Sargent for surveying 173% Miles, 2 Chains, and 37 links of the 2* 3* 5'" 6'" 7'" and 8'" Ranges @ 2 dollars per mile 347 . Amount brought forward. . . DoUars 6926. 8 Amount carried forward Dollars... 6926. 8 That he also charges sundry Contingent expences necessarily incurred in the Geog rapher's Department as follows Viz This sum paid W. Wilson in full for his services and expences in curred in carrying a Message to the chiefs of the Delaware and Wyandott Nations the sum of 94 . 85 This ditto paid Robert Johnston, his expences going to, and return ing from Philadelphia for public Monies for the use of the Geog rapher's Department 115.46 This ditto paid Jacob Springer for his services and expences in curred in Carrying a Message to the Shawanoes, Delawares, and Wyandott 's Nations, 214 . 30 This ditto paid Samuel Sample for a Canoe for the use of the said Department, 10. 0 This ditto paid Daniel Britt for a tin case for the purpose of put ting Surveys and their descrip tions in 1.0 435.71 DoUars... 7361.79 KCKAs.Tl.TvrAnTm z 1 3 4 ]>Wl5V0H ot:. 3 ;i 4- / SE0T10N5 36 3o ^4 18 1% L 3J- 2f 5.3 17 It S 34 ^? ^2 li, lo 4- 35 V 3/ h' f 3 Ji ^ 5o /4 % Z J/ 2j- l.-i"-::U«..!:' ¦ ¦:.'¦-.¦' ¦ ¦. :;¦¦¦ - ¦. >.