Yale University Library 39002014945472 |ip)it!t>i>:iii'!^ iiiiii IBI ffi^SiSSpi"-" "-iHliiiis'ie 1917 n|a^^^!SlM«5iA'iBB^^i^^WMr^^Ai^»^^^'^ MARIETTA COLLEGE HISTORICAL COLLECTIONS EDITED BT AECHBE BTJTLEB HULBEET VOLUME I THE MARIETTA HISTORICAL COMMISSION (Created by tbe Trustees of Marietta OoUege, February, 1916) CHARTER MEMBERS Edwyn E. Brown A. George Bullock Mart C. Bullock Charles S. Dana* Beman G. Dawes Chaules G. Dawes EuFus C. Dawes Francis H. Dewey Arthur F. Estabrook CharLes a. Hanna Harry B. Hoyt John Kaiser Marietta College John Mills William W. Mills William P. Palmer Benjamin B. Putnam Edwin F. Eorebeck Benj. F. Streckee Edward E. MacTaggart -Peter G. Thomson SUSTAINING MEMBERS M. j. Averbeck Willis A. Bailey Homer C. Bayless George C. Best Charles H. Bosworth WniiiAM W. Boyd Edward H. Brenan J. Lawrence Buell EowENA Buell Warren Burns H. G. Chamberlain J. Plumer Cole John Dana Theodore F. Davis Henry M. Dawes Lee S. Devol William W. Dollison Charles P. Dyar Isaac C. Elston, Jr. Aaron A. Ferris Edward B. Follett Seymour J. Hathaway Julia E. Hickok James F. Hovey George H. Howtson Karl G. Kaiser Thomas H. Kelley Jesse V. McMillen Marietta Public Libeaet Edward A. Mertdith Clarence C. Middleswart Edward C. Moore Charles Penrose Beman A. Plumer Horace Porter DAiJIEL J. Etan John E. Sater Harvey E. Smith Harry P. Wabrenbr Asa Wilson Waters George White Walter A. Windsor George M. Withington William H. Wolfe EDITORIALr COMMITTEE AECHEE BUTLEE HTJLBEET, Chairman Professor of American History, Marietta College GEOEGE WHEELEE HINMAN GEOEGE JOEDAN BLAZIEE President of Marietta College Librarian, Marietta College * Deceased OHIO COMPANY SERIES VOLUME I THE RECORDS OP THE ORIGINAL PROCEEDINGS OF THE OHIO COMPANY TlJE LiBK.VRY, MaIUKTTA ('oLLKCE Oontaininy the Ohio Company, TlUdrcth and Putnam cnnoctions of niannscriids;, tlie R. JI. Stimson eollection of Amcricaiia, and Charles (t. Slack i-ollet'tion of Documents and Prints. The stoni' in the foieyround cniitains a bronze tablet of Ohio, presented by the modern Ohio Company nt .Associates of Xew ^"ork, JKartetta Qlollege Ptstortcal CHoUectiona, Polinne I THE RECORDS OF THE ORIGINAL PROCEEDINGS OF THE OHIO COMPANY OHIO COMPANY SERIES VOLUME I EDITED WITH INTEODUCTION AND NOTES BY ARCHER BUTLER HULBERT Professor of Ameriean History, Marietta CoUege; Chairman Marietta Historical Commission; Hon. Mem., Historical and PhUosophical Society of Ohio; Harvard CommisBion on Western History published by the MARIETTA HISTORICAL COMMISSION MARIETTA, OHIO 1917 PREFACE TO SERIES From no point can a series of historical collec tions be issued more appropriately than from Marietta, Ohio, the first settlement made under the Constitution in Ohio and the Northwest Ter ritory. Fortunately for students of history, Marietta College, throughout her eighty-three years of existence, has been a storehouse wherein has been deposited much of the manuscript material of the history of Ohio and the Ohio Basin. This has been reflected in the literature of the country. Within these shades Dr. Samuel Prescott Hild- reth wrote his Pioneer History and other works and bequeathed to the college his many volumes of manuscripts and correspondence. Here for more than a generation labored Israel Ward An drews, president of Marietta CoUege, whose writ ings on Ohio and on the American constitution made his a household name from east to west. Here, for over a generation, labored Rodney Metcalf Stimson, librarian of Marietta College, whose collection of Americana, lately presented to the College, contains over twenty-five thous and books and pamphlets relating to the Missis sippi Basin. For more than twenty-five years Charles Goddard Slack, a graduate of Marietta viii Preface CoUege, has been perfecting his CoUection of Documents and Prints which was recently pre sented to the CoUege ; in this coUection are manu scripts representing over a thousand historic American characters. These names suggest only a part of the activi ties, Uterary and historical, that have centered at Marietta. The writings and addresses of Pro fessor Martin R. Andrews, George M. Wood- bridge, and Charles S. Dana, aU deceased, reflect ed credit on their ahna mater; whUe the contri butions of Charles A. Hanna, a trustee. Miss WiUia D. Cotton, Miss Muriel CampbeU Dyer, Miss Rowena BueU, editor of The Memoirs of Rufus Putnam, and the extensive Manasseh Cut ler Collection of manuscripts made by Charles G. Dawes, Esq., Marietta '84, of Chicago, have aU been of great value to students of Ohio in partic ular and the west in general. However, in Ohio as elsewhere, our history, so to speak, has been written backwards. After the output of innumerable books the pubUcation of the original material — which should have been studied carefuUy by every writer — is undertak en. The fact that the original records of the first settlement of the state of Ohio — the original minutes and proceedings of the Ohio Company of Associates — belong to Marietta College ex plains the creation of the Marietta Historical Commission by the trustees of the College and Preface ix the publication of this, the first, volume of a series to be known as the Marietta College Historical Collections. In these volumes wiU be pubUshed many of the most important original papers of Ohio, the first two volumes being devoted to the records of the Ohio Company. The flrst four or more volumes wUl be known as the "Ohio Com pany Series" of these Collections and wiU deal particularly with the settlement of Southeastern Ohio. Special attention wiU be paid in volume three to the squatter settlements on the "Seven Ranges" and the pubUcation of such documents concerning Ohio as exist in the Papers of the Continental Congress. Other volumes wiU con tain important diaries, letters, etc., relative to the settlement of Southeastern Ohio taken from the manuscript coUections at Marietta College and many other American Ubraries. The editor is greatly indebted to a score of per sons for assistance in every department of the work ; to Miss JuUa E. Hickok and Miss Rowena BueU he is particularly indebted for advice and criticism. .In treating of countless individuals conf uson arises due to the incomplete description given by the various writers. Nevertheless it is beUeved that the various indexes of these Collec tions wiU virtuaUy prove a Who's Who of early Ohio of very great value. The editor is indebted to Attorney W. E. Peters for the excellent map of the Ohio Com- X Preface pany Purchase which is reproduced in this vol ume. By its aid the reader may accurately iden tify the numerous references in the text to the different streams and sections of land. To the charter and sustaining members of the Commission, who have made possible this under taking, to Librarian Blazier, whose constant as sistance has been tireless, and to the advice and encouragement of President Hinman, the editor is also indebted. ' Archer Butler Hulbert Marietta, Ohio, January 26, 1917. TABLE OF CONTENTS Preface to Series vii Introduction: "The Ohio Company" . xv "The Records of the Original Proceedings" 1 LIST OF ILLUSTRATIONS The Library, Marietta College Frontispiece General Rufus Putnam . . . Mv Map of Ohio Company's Purchase . 6 THE OHIO COMPANY AND "SCIOTO RIGHT" In order to understand the origin of the Ohio Company of Associates it is necessary to go back to the beginning of the War of the Revolution, note the bounty-land offers made by the Conti nental Congress, and follow the line of interest created by those promises to prospective soldiers through the years of the war. The first provision for granting lands to sol diers who should serve to the close of the war was passed in September, 1776 ; though this act does not specify that it was western or trans- Alle gheny land that was to be given these officers and soldiers, it seems to have been the general opinion at the time that such was to be the case.^ From the very beginning of hostilities the "Old North west" seems to have been looked upon as the tangible prize of the war. While the region was covered by the overlapping claims of several eastern States, many men, thus early, seemed to have gUmpsed the day when, by a rather re- 1 A few pages of Vol. iii of this Series will be devoted to the early documentary history of the Old Northwest; the student will find there reprinted sufficient extracts of correspondence, pamphlets, and acts of Congress to trace, in the language of "The Fathers," the steps in the development of our territorial history. xvi Introduction: The Ohio Company markable series of compromises, these claims would be quieted and the national government would come into possession of a fruitful empire which might be used in one way and another to satisfy aU claims upon it.^ The first step toward giving Congress the pow er to fulfil its bounty-land promises was to ac quire from the several States a clear title to west ern land claimed by them. This notable event was made possible by the dogged persistence of the State of Maryland which made this conces sion on the part of her rivals the price of her rati fying the Articles of Confederation. The long debates over this subject [writes Pro fessor McLaughlin] in Congress and the state legislatures were important, because much more was involved than the mere question of owner ship; the whole great problem of territorial ex pansion, of the management and organization of new communities beyond the limits of the old commonwealths, was finding solution. Fearing the strength and influence of the states which claimed the vast territory beyond the moun tains, Maryland at an early day proposed that Congress should have the right to 'fix the west- em boundary of such states as claim to the Mississippi or south sea; and lay out the land beyond the boundary so ascertained into sep arate and independent states from time to time as the numbers and circumstances of the people thereof may require. ' This was a proposition of ^American Archmes, 5 ser., iii, 1020; G. Bancroft, History of the formation of the Constitution of the United States, i, 284. Introduction: The Ohio Company xvii immense importance, for Maryland refused to agree to the Articles of Confederation so long as other states asserted their claims to the wide region beyond the mountains.^ But it is to be noted that Maryland did more than advance the theory of pubUc lands as na tional domain ; she in the same breath laid down the theory, enormous in its possibUities, that por tions of such domain- should automatically be- - come independent States. To the soldiers who constantly kept in mind the promises of Con gress this developing train of thought was of greatest interest and it unquestionably acceler ated their efforts to secure a redemption of the promise made to them. Slowly the States concerned agreed to the Maryland demand. In 1782 New York defined a limit at the western extremity of Lake Ontario beyond which she relinquished any claim and Congress accepted her cession.* Virginia ceded (with a notable reservation) aU territory North and West of the Ohio River.' Massachusetts made terms with New York that were satisfac tory to both and to Congress. But Connecticut »A. 0. McLaughlin, The Confederation and the Constitution, {The American Nation), x, 109-110; Journals of Congress, October 15, 1777; H. B. Adams, "Maryland's Influence upon Land Cessions," Johns Hopkins University StuMes, iii, no. 1, 22. Professor Treat acutely differentiates Maryland's influence as negative and New York's aa positive; "both States" he observes "deserve great credit. ' ' — • The National Land System, 6. * Journals of Congress, Oct. 39, 1782. sHenning, Statutes, xi, 326-328. xviii Introduction: The Ohio Company could not find satisfaction from Pennsylvania and only felt justified in reUnquishing her claims by retaining the three million and a quarter acres in Northern Ohio known in history as the West ern Reserve; the compromise was accepted by Congress in 1786. The reservation by Virginia must be noted particularly. It was contingent upon the possi ble f aUure to find sufficient lands of proper char acter between the Green and Cumberland Rivers with which to satisfy the bounty-land promises made by her, as a commonwealth, to her Revolu tionary soldiers. Such were not found ; but this , fact was not ascertained, and Virginia did not 1 demand what has been known as the Virginia \ MiUtary District in Ohio, until 1790. Thus what is, perhaps, the richest portion of Ohio, the 4,209,800 acres of land lying between the Scioto and Little Miami Rivers, was, during the years when the Ohio Company of Associates came into existence, under Virginia option, pending the proper exploration of the Green River region.^ Thus with the exception of the Connecticut Re serve and Virginia's option on the Scioto-Miami tract, approximately four million acres each, and a smaU tract on the Muskingum donated to the Christian Indians under the care of the United 6 This point, that Virginia's option on the lands between the Scioto and Little Miami acted, during the years 1783-90, just the same as real occupation, is brought out clearly only by D. M. Massie, Nathaniel Massie, 25. Introduction: The Ohio Company xix Brethren or Moravians, Congress, by 1786, had acquired from the States aU the land northwest of the Ohio River. II The bounds of this territory, the reservations within it, and the accessibility of its unreserved portions, have never been properly studied with reference to the next phase of its occupation. In this connection several things should be kept in mind: (1) There had been no suggestion or expectation that Virginia would cede any of her claims South of the Ohio. (2) It had never been seriously asserted that the United States, in the event of victory in the struggle then waging, would claim territory westward of the boundary line in the West which England had acquired from France in 1763 — the Mississippi River. (3) The western boundary of Pennsylvania was a settled thing. (4) With the failure to capture Canada it was a foregone conclusion that the Great Lakes would hold the international boun dary Une on the Northern border. Thus it is seen that the bounds of what was to be known as the Territory North West of the River Ohio were. North, East, South and West, determined long in advance of its formal erection. Again, from the above it is clear that some time before the erection of the Territory definite and solemn pledges had been made to reserve > XX Introduction: The Ohio Company three areas for Connecticut, Virginia, and the Moravian Indians. These reservations were in the eastern portion of the district, what is now the State of Ohio. They comprehended approx imately ten miUion acres or upward of one-half of the entire State-to-be, Ohio ; but the surveyor's lines had not been run and the vague condition of actual knowledge of the region made it seem that these reservations covered a large part of the most desirable land to be had in the Eastern, or adjacent, section of the region. Thus those who came after must take what was left, good, bad, or indifferent ; the only large blocks of the region left were, one in the Southeast comer of the ter ritory, the other in the Northwest corner. Those who have complained that the Ohio Company of Associates chose a relatively poor region for ex ploitation have ignored these facts. These next beneficiaries of Congressional favor, whatever the nature of their enterprise might be, bounty- grant, land company, or what-not, if they desired a holding of the size of the Connecticut Reserve or Virginia MiUtary District on the main high way, the Ohio River, would be compeUed to ac cept land in the immediate vicinity of the river beyond the Pennsylvania line. StiU limiting the territory that could be ob tained, was the Une to be drawn with the Indians of the region. While the Northwest would, in the event of successful completion of the war, be- Introduction: The Ohio Company xxi long to the United States, Indian title held good beyond the Ohio untU the Treaty of Fort Mcin tosh (1786) drew the Cuyahoga-Fort Laurens- Laramie Store line zig-zag through the eastern portion of the Territory. Thus we see that, at the date when the States ceded to Congress the region North of the Ohio, the claims and counter-claims of Connecticut, Virginia, and the Moravians (granting that the Indians should surrender their acknowledged right of occupancy) limited the region in which Congress could fulfil its bounty-land promises to the Revolutionary soldiers en Moe to the South eastern quarter of what is now Ohio. But it was early seen that difficulties of real proportions lay in this quarter. Throughout the decade preceding the Revolutionary War the nomad white population of Western Pennsyl vania and Virginia had crept out along the Ohio. It is impossible to outline this movement by exact dates ; when Washington came down the Ohio in 1770 it was found that the hunters and trappers of the pioneer van-guard had well-understood names for practicaUy every stream that entered the Ohio between Pittsburgh and the Great Kan awha River. Possibly no formal settlement ex isted other than that of the Zanes made at Wheeling in 1769, But the whole valley for scores of miles was well-known to hundreds. The years 1770-1775 saw a considerable advance down xxii Introduction: The Ohio Company the Ohio on the Virginia side. Fort Henry was erected at Wheeling in 1774. It is probable that at this time the best of the bottom-land on the Ohio, or "Indian," side of the river from Pitts burgh to WheeUng was being cultivated by those either actually living on the land or "farming it" from the Virginia side of the river. With the outbreak of the Revolution the neu- traUty of the Delawares on the Muskingum was secured and it is probable that the building of Fort Mcintosh at the mouth of the Beaver River in 1778 and Fort Laurens on the Muskingum in 1779 resulted in many illegal settlements being made on the "Indian side" in those and the fol lowing years.^ So general was this movement on land not yet secured from the Indians that, as early as Octo ber, 1779, Colonel Brodhead, commanding at Fort Pitt was forced to take action. Captain Clark with sixty soldiers were sent to Wheeling with orders to cross the Ohio at that point and uproot aU "improvements.'' Clark's report showed that it was current report that the "Indian side" 7 0. A. Hanna, Historical Collections of Harrison County in the State of Ohio, 46. W. H. Hunter, "The Pathfinders of Jefferson County," (Ohio), Ohio State Arch, and Hist. Soo. Pub., vi, 119-120, gives 1765 as the earliest date of occupation of the Steubenville region. Vol. iii of these Collections will contain a number of letters, petitions, etc., of these illegal settlers of Ohio, taken from the Papers of the Continental Congress. As interpreting the movement to the Ohio, of which the Ohio Company was most significant, they are very illuminating. Introduction: The Ohio Company xxiii had been occupied at many points between the Muskingum and Fort Mcintosh, some of the western tributaries of the Ohio being improved to a distance of thirty miles into the interior.* All improvements were destroyed and messages of conciliation were sent to the Delaware chief tains. Some pioneers of a law-abiding temperament petitioned Congress as early as 1780 to be allowed to cross the Ohio and settle.^ Hundreds of a bolder type crossed in defiance of law and fear of Indian retaliation. By 1785, Ensign Arm strong, sent out with troops from Fort Pitt by Colonel Harmar, reported that squatters were crossing by fifties and hundreds, and that there were upwards of three hundred on the Musk ingum, as many more on the Hockhocking, and five times that number on the Scioto and Miami rivers.^" So enterprising and defiant was the spirit of this first population of Ohio that meas ures to caU a convention to form a State of Ohio were on foot in 1785." For the purpose of bet ter controUing this flrst western "rush" Fort Harmar was erected at the mouth of the Muskin gum in order that troops might be kept nearer the scene of activity." The immediate arrival of 8 Pennsylvania Archives, (first series), xii, 176-177. 9 Papers of the Continental Congress, xlviii, 245, 247. lOHarmer to President of Congress, May 1, 1785, W. H. Smith, St. Clair Papers, ii, 3-5, note. ^^Id. ii, 5, note. 12 Jd. ii, 7, note 1. xxiv Introduction: The Ohio Compcmy Isaac WiUiams to open up his plantation of four hundred acres on the Virginia side of the Ohio opposite Fort Harmar proves the impetuosity of this migratory movement down the Ohio. Six teen famiUes, as laborers or tenants, were soon located here on Williams's patent, 180 miles be low Pittsburgh. It is therefore clear that while Congress had theoretically come into possession of a great ter ritory by which it could fulfil its bounty-land promises, a large grant could be made only in the region bordering the Ohio River adjacent to Pennsylvania and that that region was filling up in an alarming manner. All this was undoubt edly a constant topic of conversation on the part of the men of the Continental army under Wash ington at Newburgh on the Hudson; these men counted strongly on the validity of their boun^- claims a,nd beUeved that the government which, they had saved would keep inviolable its prom ises. Ill The proof of this lies in the famous organiza tion effected at Newburgh by the officers of the army and their appeal to Congress. The detaUs of this organization are unknown except so far as they are defined by the petition to Congress and the statements of their representative to Introduction: The Ohio Company xxv General Washington and others. Brigadier- General Rufus Putnam of Rutland, Mass., was chosen chairman of the organization. The reasons for the prominence of General Putnam in this connection are not given by his biographers nor in his own autobiography." We have the records of his serving as deputy sur veyor with General Lyman's West Florida land scheme of 1773. It is doubtless true that among the officers at Newburgh who were outspoken in their intention to migrate at the close of the war General Putnam was one of the most prominent. Again, General Putnam was by profession a surveyor and had much experience in laying out lands; to him, therefore, the phraseology and technique of the matters to be decided were com monplaces. His long career as a soldier in both the Old French and Revolutionary wars gave him a large circle of friends, at least in New England, who knew weU the quiet, sterling personaUty of the man whom Ohioans are proud to caU the "Father of Ohio." Nothing so much as the pubUcation of these Ohio Company records can portray the rare spirit of the man ; in the tedious detaUs of his office General Putnam wrought a great work; these details are here given to the world and here may first be caught the real like ness of one of Massachusetts' noblest sons. 13 E. BueU, The Memoirs of Bufus Putnam. xxvi Introduction: The Ohio Company The Newburgh petition now framed by Gen eral Putnam read as follows : To His Excellency, the Peesident and Honor able Delegates of the United States of Ameeica, in Congeess Assembled The Petition of the Subscribers, Officers in the Continental Line of the Army, humbly show eth:That, by a Resolution of the Honorable Con gress, passed September 20, 1776, and other subsequent resolves, the officers (and soldiers engaged for the War) of the American Army who shall continue in service till the establish ment of Peace, or, in case of their dying in ser vice, their heirs are entitled to receive certain Grants of Lands, according to their several grades, to be procured for them at the expense of the United States. That your petitioners are informed that that ,tract of country, bounded north on Lake Erie, East on Pennsylvania, southeast and south on the river Ohio, west on a line beginning at that part of the Ohio which lies twenty-four miles west of the river Scioto, thence running north on a meridian line till it intersects with the river Miami, which falls into Lake Erie, thence down the middle of that river to the lake, is a tract of country not claimed as the property of or in the jurisdiction of any particular state in the Union. That this country is of suificient extent, the land of such quality, and situation such as may induce Congress to assign and mark it out as a Introduction: The Ohio Company xxvii Tract or Territory suitable to form a distinct Government (or Colony of the United States) in time to be admitted one of the confederated States of America. Wherefore your petitioners pray that, when ever the Honorable Congress shall be pleased to procure the aforesaid Lands of the natives, they will make provision for the location and survey of the lands to which we are entitled within the aforesaid District, and also for all Officers and Soldiers who wish to take up their lands in that quarter. That provision also be made for a further grant of lands, to such of the Army as wish to become adventurers^* in the new Government, in such quantities and on such conditions of set tlement and purchase, for public securities, as Congress shall judge most for the interest of the intended government, and rendering it of lasting consequence to the American Empire. 1* students of Ohio history, particularly of the original settlement, should note the significance of the word "adventurer" which will be constantly found in the original records of the Ohio Company. The word was perhaps first used in the Fifteenth Century when Henry IV chartered the "Merchant Adventurers;" in 1670 when Charles II granted to his cousin, Prince Eupert, a white empire in America the company formed to exploit it was called "Adventurers of England Trading into Hudson Bay," the present Hudson Bay Company. In colonial Maryland the Governor ordered that certain manors should bear the names given them by the "adventurers" to whom they belonged. The word should convey an emigrant-gamester signifi cance, though it was used of both actual emigrants and absentee speculators. It was used with all the old, time-honored significance when the Ohio pioneers on the Youghiogheny named their principal craft ' ' The Adventure Galley ; " as an after-thought the boat was later rechristened the "Mayflower." The old name was richer, more significant and typical, and should always be preferred. xxviii Introduction: The Ohio Company 1 And your petitioners, as in duty bound, shall ever pray. (Signed) By two hundred and eighty-eight ofificers in the continental line of the army. June 16, 1783.^^ This petition was forwarded by General Put nam to Washington with the request that he lay it before Congress himself, with his own com mendation of the plan. Accompanying the Peti tion was a letter to Washington by Putnam, ex plaining in more detaU the considerations of the officers who planned it. This is the document of a statesman.^* In discussing the new common wealth of the West the writer points out clearly the dangers that must be faced and met — dan gers from the Indians of the interior, from the British on the Lake frontier, and from the Span iards on the Mississippi. Putnam proposes a Une of fortifications from the Ohio River by way of the Scioto to the Lakes ; he foresees the War of 1812 and remarks that, in case of a war with Great Britain, "unless a communication is open between the River Ohio, Lake Erie, Niagara, Detroit, all posts seated on the great Lakes wUl inevitably be lost." He adds that this wiU put it out of the power of the United States to befriend the Indians of the region who wiU "Uke all other people form their attachment where they have their commerce, and then in case of a 16 W. P. and J. P. Cutler, Manasseh Cutler, i, 159-167. 16 See vol. iii. Introduction: The Ohio Company xxix war, wiU always be certain to aid our enemies." He points out that the easy line of communica tion between the East and Great Lakes (by meth ods of transportation then in vogue) is by way of the Ohio River and its Ohio tributaries ; this idea formed the basis of Washington's scheme of ter ritorial uniflcation elaborated in his Diary of 1784 and is summed up in his classic Letter to Harrison of the same year.^^ Putnam likeAvise, with large vision, shows what the f ortiflcation of the region wiU mean "whenever a war shaU in terrupt the trade with New Orleans." Of equal interest and importance is his prophetic assump tion that the "Northern" or "township" system of dealing with western lands shall be the one adopted, with reservations in each township for the support of the ministry, for education, and for highways. It is to be noted that the Petition calls for the provision of a district wherein any soldier of the army may purchase land "for pubUc securities. ' ' Putnam elaborates this in his letter ; in view of the flnal development (the Ohio Company of Associates) his words are of highest importance : Por these aud many other obvious reasons, the petitioners hope no grants will be made but by townships of six miles square, or six by twelve, or six by eighteen miles, to be sub divided by the proprietors to six miles square, that being the standard on which they wish aU IT A. B. Hulbert, Washington and the West, 92-98. fixx Introduction: The Ohio Company calculations may be made, and that officers and soldiers, as well as those who petition for char ters on purchase [italicized by the editor] may form their associations on one uniform prin ciple, as to number of persons or rights to be contained in a township." . . It has never been pointed out that the kernel of the idea of the Ohio Company of Associates is to be found in these words. They suggest that officers and soldiers or others who naturaUy f eU into groups with common interests, due to past acquaintance and relationships, would form "as sociations" and "petition for charters on pur chase." And flnally this remarkable letter strikes at the root of the one vital question concerning American expansion, the question of homogene ity and unity. Putnam states that if such a dis trict as he describes is laid out by Congress : . . . there is not the least doubt but other valuable citizens will follow their example, and the probability is that the country between Lake Erie and Ohio will be filled with inhabitants, and the faithful subjects of these United States so established on the waters of the Ohio and the lakes [the italics are the editor's] as to banish forever the idea of our western territory falling under the dominion of any European power.^^ Washington forwarded the Officers' Petition and General Putnam's letter to the President of 18 Cutler, Cutler, i, 171. 19 /d, 172. Introduction: The Ohio Company xxxi Congress on the day following its receipt ; with it he sent a letter of recommendation of his own.^° He touches the heart of the difficulty that must confront Congress in making its decision on the matter by saying : "I pretend not myself to de termine how far the district of unsettled country, which is described in the petition, is free from the claim of every state." The reader has no ticed that the northern portion of the district out lined by Putnam embraced what became known as Connecticut's Western Reserve ; but the deter mination of this fact was not made for three years, or in 1786. This alone stood in the way of granting the Officers' Petition as it read. But other and more far-reaching questions lay in the way of immediate response to the petition. IV Any decision on the question was bound to serve as a precedent. This momentous fact stared all the members of the Congress in the face. No matter how deserving were the petitioners; no matter how willing the Government might be to fulfil its bounty-land promises; no matter how practical and beneficial might be the method of settlement proposed — the whole problem of west ern expansion, involving a score of correlated questions of utmost importance, was thrust upon Congress by these Newburgh petitioners. Con- 20 See vol. iii. xyyii Introduction: The Ohio Company gress had early accepted the idea and later had pledged that the western territory should be taken piece-meal into the Union of States as the divisions acquired a proper population.^^ This had been an astonishing promise. Never in the world 's history had a victorious Nation made such a promise to a conquered territory ; and the fact that nothing was yet known as to the future racial complexion of the region must have added great ly to the uncertainty of the situation. American territory had been occupied by two diametrically opposite land systems, the North ern and the Southern. Which should prevail in the vast West? The system selected for this re gion between the Ohio and the Lakes woidd un doubtedly prevaU over any districts ever admit ted to the Union to the Southward or Westward. What about the red man? Whatever was de termined now might be the established precedent that would hold in every acre of ground between the AUeghenies and the Pacific. Should the original occupants be held on reservations in the heart of a populated region? Could they be re moved? Or assimUated? No one knew their number or what power, in aUiance with foreign ers, they might develop in the Far West. How should the divisions of this empire be ad mitted to the Union? Should it be cut up arbi- 21 Advocated first by Thomas Paine iu 1780 ; proposed in Congress that same year. See vol. iii. Introduction: The Ohio Company xxxiii trarily and admitted in a temporary phase on probation? Its great size seemed to suggest gigantic States or else a great multitude of smaU States. In either case their rcjgTesentation, in - Congress^ (on all known ratios.) would -doubtless give them the' balance of power. Could such a ^iHg~be countenance3n6y"the Original Thirteen? More ominous stiU, could the trans- Allegheny divisions of the Union, united by their natural streams of commerce, the Mississippi and its tributaries, to the New Orleans entrepot, be kept loyal to the Union? Such are some of the many phases of the tangled problem laid before Congress by this Pe tition of the officers of the Continental Line. Enough has been said to show why even the most bold, the most patriotic, the most generous, and the most willing were compelled to pause long and consider. These facts cannot be doubted : the steady importunity of the Revolutionary officers represented by General Rufus Putnam, and the typically Western arrogance of the squatters in seizing upon Ohio soU on the "Indian side" of that river, impeUed Congress to action. The army disbanded, but many signers of the Newburgh Petition, through Putnam, kept stead ily pressing for an answer. Early in the next year, 1784, Putnam wrote Washington : The settlement of the Ohio country, sir, en grosses many of my thoughts, and much of my xxxiv Introduction: The Ohio Company time since I left the camp has been employed in informing myself and others with respect to the nature, situation and circumstances of that country, and practicability of removing our selves there. . . From these circumstances and many others which might be mentioned, we are growing impatient ; and the general inquiry is, When are we going to the Ohio? Among others, Brig.-Gen, Tapper, Lt.-Col. Oliver, and Maj. Ashley have agreevd to accompany me to that country the moment the way is opened for such an undertaking.^^ Washington, replying to Putnam early in June, stated that he had learned that Congress had ac cepted Virginia's cession and had "resolved to lay off ten new states, bounded by latitudes and longitudes;" but that, in view of immediate ad journment, the Petition of the officers would probably not be acted upon. He suggests that, since the new Congress would have many new members, the petitioners had best acquaint these with the proposition before the assembling of the new Congress. V It is -not necessary here to discuss at any length the Ordinance of 1784, to which Washington makes reference. It is of greatest significance for proving what "was in the air. " It advanced the two great essential ideas of the American colonial system i temporary government with a 22 Cutler, Cutler, i, 174-175. Introduction: The Ohio Company xxxv .large measure of self-government for the colony, '&Tid ultimate admission of such colony into the American Union, on equal terms with the Origi nal Thirteen. Though the committee which devel oped the ordinance was composed largely of Southern men the Northern, or township, system of surveys before sales was adopted as the pubUc land system that should prevaU. It is to be noted that members of the Committee, especially Jeffer son, desired that slavery should be excluded from the new region, but due to the iUness of a mem ber the motion failed by one vote. The new Congress, whose members Putnam was advised to address, made a genuine contribu tion to the v^estern problem by passing the Land Law of 1785, which embodied three fundamental principles of our western development. It pro vided for a rectangular land survey by the govern ment in advance of settlement, the establishment of offices for the sale of pubUc lands at low prices and in smaU tracts (640 acres), and granted one thirty-sixth of the pubUc domain in well-distrib uted tracts to the new States for the support of pubUc education.^^ Putnam, in his letter to Washington in 1783, we have seen, suggested such reservation for both schools and reUgion. The resolution granting lands for religion in the Land Law of 1785 was voted down. The question 23 The Ordinance of 1787, as is often stated, did not make speci fic provision for public support, of education. That was done by th? Land Law of 1785 and another ordinance passed later. xxxvi Introduction: The Ohio Company of excluding slavery was not brought forward in this case. The office of Geographer of the United States was created and flUed by the election of Thomas Hutchins of New Jersey, an engineer of long experience. Under him a corps of survey ors, one for each State, were to proceed to divide the said territory into town ships of six miles square . . . and shall trans mit plats thereof to the board of treasury. . . The secretary of war . . . shall take by lot therefrom, a number of townships . . . for the use of the late continental army. . . The board of treasury shall . . . cause the re maining [townships] ... to be drawn for [by lot] , in the name of the thirteen states . . . according to the quotas in the last preceding requisition. . . The . . . commissioners of the loan-offices of the several states . . . shall proceed to sell [their lands] at public vendue. The flrst lines running north and south and east and west were to begin on the Ohio River at its junction with the western Pennsylvania line. The tier of townships running from south to north were called ranges; and the ranges were enumerated from east to west. As soon as seven ranges were surveyed the drawing by lot above mentioned was to take place. This meant that another tract, forty-two miles in width, from the Pennsylvania line was in a legal state of reserva tion. As the actual basis of our national land system, and operating down to this very day, the Introduction: The Ohio Company xxxvii Land Law of 1785 has not received its proper recognition. Professor Treat well says: "It proved to be one of the wisest and most influen tial, if not the wisest and most influential, of all the acts of the Revolutionary period. " ^* As will be seen, the Ohio Company purchase was based on the Land Law of 1785 ; no other law is cited in its contract with the government. During these years the Petition of the Conti nental Line was lying in abeyance while matters of prime importance were being settled. But the leaders in the movement kept each other in formed as to the trend of events and General Putnam was appointed to represent Massachu setts on Hutchins 's corps of surveyors of the Seven Ranges. General Putnam accepted the appointment in a letter written to Geographer Hutchins at Boston, June 11, 1785. The frank ness of the man appears clearly in the last para graph of his letter which states : "I must in Jus tice to myself inform them [Congress], that a wish to promote emigration from among my friends into that country, and not the wages Stip ulated, is my principal motive." ^*^ Being called to a similar service for his native State, Put nam withdrew from the western service and his co-partner in the Newburgh plan, Brig.-Gen. Benjamin Tupper, whom Senator Hoar has well caUed Putnam's twin brother, represented 24 P. J. Treat, The National Land System, 40. 24a Popers of the Continental Congress, Iri, 161. xxxviii Introduction: The Ohio Compcmy Massachusetts under Hutchins. Putnam im mediately engaged in the survey of Maine lands for Massachusetts. This was probably a deUb erate plan on the part of these friends in order to get into actual touch with the two regions, Maine and the Ohio Valley. The petitioning jContinental Line always had the alternative of jmaking a purchase from one of the individual (States rather than from the National Govern- jment, as suggested by Putnam in 1783. As a I large majority of them were Massachusetts men they naturally would turn to their own State. Few of the papers of General Tupper 's exist giving accurate knowledge of the amount and character of the information he received. The surveyors were out in the fleld only a few days. They rendezvoused at Pittsburgh September 5th, but did not go afield until the 22d of that month; they were compelled to return the 23d of October. Beyond the fact that General Tup per was at Pittsburgh and had ample time to get reports from Hutchins and others well ac quainted with the Ohio Valley, we have little in formation. We have seen that early in 1784 General Put nam had stated that General Tupper and he were determined to go to the Ohio. Evidently nothing that General Tupper learned on this western trip tended to weaken this resolution, despite the In dian alarms. The building of Fort Harmar, on Introduction: The Ohio Company xxxix the Ohio at the mouth of the Muskingum, and the opening of Isaac WiUiams 's plantation on the present site of Williamstown, West Virginia, nearby, were events that tended to give courage. The fort was beyond the Seven Ranges ; the land within that area could only be sold by town ships. If a large tract was to be secured by the Newburgh petitioners, such a tract might weU have its headquarters near the new fort and the strong colony of seventeen famiUes estabUshed by Isaac WiUiams, and extend indefinitely to ward the Scioto, where the Virginia option began. VI With aU these facts in mind General Tupper retumed to Massachusetts probably late in the faU of 1785. In January, 1786, we find him at the Rutland home of General Putnam, who, meantime, had returned from Maine. We may never know the detaUs of discussion and investigation that led to this important meet ing at General Putnam's home early in 1786. We have seen that, early in 1784, Putnam had written Washington that three men — and he names General Tupper flrst — had agreed to ac company bim to the Ohio "the moment the way is opened." The kernel of the idea of forming an association of neighbors and comrades-in arms and making a purchase of lands on the Ohio is glimpsed, as has been remarked, as early xl Introduction: The Ohio Company as Putnam's letter to Washington forwarded with the Newburgh Petition. As early as April 5, 1784, Putnam in a letter to Washington refers to the fact that the offering of lands at a cheap price by Massachusetts will tend to lessen ^Hhe number of Ohio associates." It is plain that General Tupper 's report was all that was needed to settle the question of where the "associates" should settle. It is common re port that the two men spent the winter's night of January 9-10 before the generous flre-place in the kitchen of General Putnam's home outlining a plan that must have been evolved in its main particulars in the months preceding. Were the records extant it would probably prove that the real springs of action which resulted in the form ation of the Ohio Company would be found to be in the military and Masonic associations which bound these Revolutionary officers together ; these ties extending beyond State boundaries included officers from nearly all adjacent commonwealths. Of these the Society of the Cincinnati was of great importance. This order was organized at New burgh May 13, 1783, "to perpetuate ... as well the remembrance of this vast event [inde pendence] as the mutual friend-ships which have been formed under the present common danger, and in many instances cemented by the blood of the parties. "^° A comparison of names shows 25 Sparks, Writings of Washington, ix, 23, note. Introduction : The Ohio Company xii that ninety per cent of the two hundred and eighty-eight officers who signed the Newburgh Petition were members of the Cincinnati from Massachusetts and Connecticut.^* The leaders in both movements were identical. Of the men who flnally were most active in the affairs of the Ohio Company, Dr. Manasseh Cutler alone was not a member of this military order; that three years' service in the army was a requirement of mem bership doubtless explains this fact. While it is easy to over-estimate the fraternal influences of the Cincinnati in this episode it is unquestion ably true that it tended to break down State bar riers; the Ohio Company very probably would have been a purely local association of Massachu setts men but for the interlocking friendships promoted by the Cincinnati ; this being true, it is probable that the Ohio Company would not have ignored making a purchase of land from Massa chusetts in Maine; doubtless its cosmopolitan membership, made up of strong men from Con necticut and Rhode Island, determined the ques tion in favor of a purchase from the United States. Friends of this famous order, which is still patriotically perpetuated, have certain justi- flcation for the claim that the Cincinnati is di rectly responsible for the making of the flrst set tlements under the Constitution northwest of the 26 Mrs. L. A. Alderman, The Idientiflcation of the Society of the Cinoirmati with the First Authorised Settlement of the Northwest Territory, 6-14. xm iniroauction: ine unio uompany Ohio River at Marietta and Cincinnati. The in fluence of this cosmopolitan miUtary brotherhood probably kept the Ohio Company from being purely a Massachusetts organization making a purchase of Maine lands. A further welding influence was exerted by an other kind of brotherhood. In February, 1776, a number of Masonic officers in Washington's army surrounding Boston received from a repre sentative of Masonry in England the authority to form the historic American Union Lodge of Free and Accepted Masons, now American Union No. 1 of Marietta, Ohio. The membership consisted of Masons from various New England lodges. Al though the lodge was erected in Roxbury its char ter proves its pecuUar character by declaring that it might be erected "in Roxbury or wherever your body shall remove on the Continent of America."" As a result American Union Lodge has, with Washington Lodge No. 10, a history that is un usual in the annals of Masonic fellowship. The record of its migration is the story ofthe marches of the Continental Army ; where it went they . . . builded Him an altar in the evening dews and damps. The roU of its members and visiting brothers shows the names of leading officers of the Revo lution including that of Washington.^^ From 27 Mas. Mirmtes of Americcm Union Lodge, no. 1, 9. 28 Second Meeting, June 24, 1779. Introduction: The Ohio Company xliii Massachusetts, the lodge migrated to New York State ; from there it traveled to New Jersey and Connecticut, returning at last again to New York and Massachusetts. A singular incident in its history was the capture in the savage attack on Stony Point (probably by Return J. Meigs) of property belonging to a lodge in the First Bat talion, Leicestershire Regiment; this was re turned to its owners soon after, an act which elicited from the "brethren" among the enemy a handsome tribute of thanks.^" Just what influence the American Union Lodge may properly be said to have had on the forma tion of the Ohio Company cannot be determined with great accuracy. It is certain the rule of friendship and fellowship was strong among these men and that every plan and hope for the future was talked over in their periodic meetings and in their daily conversation. We have noted that the tendency of the Cincinnati was to keep the newly planned organization from being a local or merely a Massachusetts affair. The American Union had the same influence — made up as it was of officers from practically all the northern States. When it came to circulating the advertisement "Information" by Putnam and Tupper there can be no possible doubt that the way had been paved for it by their conversa- 29 Lieut.-Col. E. A. H. Webb, History of the Services of the Sev enth Begiment, 1688-1912. xliv Introduction: The Ohio Compcmy tion in their own lodges and in both American Union and Washington No. 10. In one sense, and a real one, the establishment of the Ohio Company settlement on the banks of the Ohio was the migration of American Union Lodge ; as, in not a few instances, pioneer communities were founded by a migrating church. The four lead ers of the movement, Putnam, Tupper, Parsons, and Sargent had been prominent flgures in the American Union Lodge as well as in the Order of the Cincinnati; added to these names should be those of Major Heart, commander of Fort Har mar (who had been Master of American Union practically throughout the War) and Colonels Sproat, Stacy, Meigs, and OUver. Of the thirty- four men named by Hildreth as prominent flg ures in the Ohio Company settlement, twenty- two were members of American Union Lodge; this included such a percentage of the leaders that a Ust of officers of American Union Lodge and a list of Agents and Directors of the Ohio Company can almost be substituted one for the other. It is an easy matter to exaggerate the influence of such associations as these in the formation of the Ohio Company. It would be wrong to sup pose that the latter Company was formed with any thought of preserving any fraternal order; it was formed for the very material purpose of bettering the fortunes of its associates ; it offered Introduction: The Ohio Company xiv the ex-soldier of the Revolution, its friends said, the best return for his depreciated currency that existed — a return in fertUe lands in the West. On the other hand, any search for the methods by which the Ohio Company was called into ex istence, the means by which its membership was secured, the explanation why certain parts of New England became particularly interested in the Ohio Valley and why an influential part of Ohio was for so long a period a bulwark of con servative FederaUsm, leads one at once to the council halls of the Cincinnati and the American Union Lodge. That these influences were most im portant in aiding the Company to carry through its legislative program cannot be doubted. In the end the Company consisted of 817 sharehold ers less than a third of whom migrated to Ohio. That such a condition was not f orseen is plain from all records and correspondence of the orig inators. Their original purposes and plans must be judged without reference to the fact that ab senteeism metamorphosed the organization in a way never thought of by them. VII As a result of the night's meeting at Rutland, General Putnam and General Tupper evolved a document important in the history of Ohio and Massachusetts, "A Piece called Information," as the original record has it. It is a new "call to xlvi Introduction: The Ohio Compcmy arms" not unlike that issued by General Wash ington in his classic Letter to Harrison of less than two years before. This circular was meant for general pubUcation in the papers of the day ; it gives a pleasing description of the Ohio country and invites all officers and soldiers who served in the late war "to become adventurers" and form "an association by the name of the Ohio Com pany. ' ' Those who were interested were asked to meet at appointed places on February 15th and elect delegates to represent them at a meeting at the Bunch of Grapes Tavern in Boston on March 1st. On the latter date the delegates elected met in Boston. The County of Suffolk was represented by Winthrop Sargent and John MUls ; the County of Essex by Manasseh Cutler ; the County of Mid dlesex by John Brooks and Thomas Gushing ; the County of Hampshire by Benj. Tupper; the County of Plymouth by Crocker Sampson; the County of Worcester by Rufus Putnam; the County of Berkshire by John Patterson and Jah- laUel Woodbridge ; the County of Barnstable by Abraham WiUiams. It is to be noted that of the above eleven men, five were signers of the New burgh Petition : Brooks, Tupper, Putnam, Pat terson, and WiUiams. Sargent reaUy belongs in this Ust, but evidently was absent from New burgh when the Petition was signed. Doubtless the same was true in the case of Captain Cush- Introduction: The Ohio Company xlvii ing. It thus becomes plain that the Newburgh idea, perpetuated by the Massachusetts men of the Continental Line, knit together by military and fraternal bonds, is developed into a company of associates. At the first meeting General Putnam was chosen chairman, and Winthrop Sargent, clerk. A committee consisting of Putnam, Cutler, Brooks, Sargent, a;nd Gushing was appointed to draft a plan of an association. The original minutes of the meetings of the Directors of the Ohio Company occupy the pages of Volumes 1 and 2 of the Ohio Company Series of these Col lections. It is proper here, however, to review the his tory of this organization from an exterior stand point. It played an important part in the his tory of the times; it influenced opinion in the East with reference to western migration ; it flg- ured as a factor of no smaU moment in legislative councils, influenced national legislation with re spect to the West, made a dignifled and lasting settlement in the State of Ohio where the charac ter of its associates, the honesty of their inten- ions, and the faithfulness of their performances for generations, made a vital impress. But it should ever be kept in mind that the Ohio Com pany was, in another guise, only the perpetuation of the ideas of the Newburgh Petitioners of the Continental Line. The errors that are made in xlviii Introduction: The Ohio Company estimating the purposes and methods of its agents, and the effects of its own influence, come from ignoring the fact that it was not a typical land company formed primarily for speculation, but rather the New England element of the Con tinental Line attempting to secure its due by as suming the guise of a land company to which Congress could make its first sale of western land under the excuse that the national debt was being paid. Certain of these loose conceptions must be dealt with here, especially those touching the methods by which a purchase was made, the rela tionship of the Ohio Company to the famous Or dinance of 1787, the connection between the Ohio Company and the so-caUed "Scioto Company" or ' ' Scioto Right, ' ' its land and financial policies and its paternalistic features. VIII The object of the Company was to raise a fund of One Million Dollars, to be subscribed for in shares of One Thousand Dollars each, payable in Continental Certificates, and Ten Dollars to be paid in gold or silver. The Fund, less one year's interest (to be devoted to the cost of making a settlement and aiding the migration of those who were "unable to remove themselves") was to be used to purchase land "in some one of the pro posed States north westerly of the River Ohio." Introduction: The Ohio Company xlix Five directors, a secretary, and a treasurer were to manage the affairs of the organization. No shareholder could purchase more than five shares nor less than one. Several persons could pur chase a share by clubbing together and authorize any of their number who "chose to adventure," or migrate, to represent them. The proprietors of each twenty shares formed "one grand di vision," and could appoint their agent who was accountable to each member of the grand division that employed him by a system of duplicate re ceipts. The directors were to have sole disposal of the fund raised. They or their chosen agent could purchase lands for the benefit of the asso ciation "where, and in such way, either at pub- Uck or private sale, as they shall judge wiU be most advantageous to the company. ' ' The right to obtain "an Ordinance of Incorporation" from Congress or "an act of Incorporation" from any one of the States was accorded to the Directors. . On March Sth, 1787, at a special meeting of the Company, it was found that 250 shares had been subscribed for ; it was reported that many desir ing to subscribe held back through fear that a sufficiently large body of land "coUectively for a great settlement" could not be secured. Ac cordingly, a committee consisting of General Samuel H. Parsons, General Rufus Putnam, and the Reverend Manasseh Cutler was appointed to make appUcation to Congress for a private pur chase of land. 1 Introduction: The Ohio Compcmy General Parsons was selected to present the memorial of the Company to Congress for this Committee. This was read in Congress May 9, 1787. Because the matter was negatived no proper notice has been given it by students ; yet a study of it makes clearer in important ways the history of the movement. The general applica tion read: To the United States in Congress assembled: The Memorial of the Associators for the Pur chase of Lands Northwest of the River Ohio by their Agent Samuel Holden Parsons Sheweth : that many of your Memorialists were Officers & ¦ Soldiers of the late foederal Army, who by Re solves of Congress are intitled to a grant of Lands ; and others are public Creditors who are desirous of a satisfaction of their Debts in the foederal Lands, and for that purpose have as sociated for purchasing & Settling a Tract of Country in the ungranted Lands of the United States under the Direction & Government of Congress. They therefore pray that a Tract of Country within the Western Territory of the United States at some convenient Place may be granted them at a reasonable Price, upon their paying a Sum not exceeding One Million Dollars nor less than five Hundred Thousand DoUars, and that Such of the Associators as by the Resolutions of Congress are intitled to receive Lands for their military Services may have their Lands assigned them within the aforesaid Grant and Introduction: The Ohio Company as in Duty bound your Memorialists will pray &c. Dated in New York the Sth of May, 1787.'° The two-fold character of the membership of the Company is more clearly brought out here than elsewhere. It is also to be noted that, in its original proposal, the Company was weU within bounds in its request — bounds that experience proved were well-chosen and practical. The detailed proposition offered by General Parsons read as follows: 1. The Company wiU pay into the Treasury of the U. S. Three Hundred Thousand Dollars in Public Securities before a Patent shall be granted" 2. [Struck out.] 3. That Six Hundred Thousand Acres be granted to the Company in some convenient Sit uation ; '^ or if the Company shall pay a greater Sum than 300,000 Dollars a larger Tract shall be granted at the same Rate 4. That to every One Hundred Thousand Acres granted the Company shall furnish Pay & Clothe Twenty Soldiers, for one Year to be under the Government & Direction of Congress, 30 Papers of the Continental Congress, xii, 8, 226. 31 The exact location must have been verbally determined. Aa commissioner at Fort Finney treaty, General Parsons became in fatuated with the Scioto-Miami region, evidently without knowing that it was under Virginia option. He strongly favored locating on the Scioto. Certain circumstances point to the possibility of Parson's being interested in the Nathaniel Sackett proposal to make a purchase of all lands between the Muskingum and Scioto extending from the Ohio Eiver to Lake Erie. This proposed purchase wUl be treated fully in Vol. iii of this series. Iii Introduction: The Ohio Company provided the Soldiers so furnish* shall be march* to the Lands to be granted, & armd & fed by the Public during the Time they continue in Service, and shall be compeld to do Duty in any part of the Country of the U. S. Northwest of the River Ohio 5. That the military Rights due to the Con necticut Line of the Army be assignd to them adjoining to the Grant to be made to the Com pany, provided Congress do not receive mili tary Rights in payment from the Company. 6. That the Company will be at the Sole Ex- pence of dividing the Country granted them into Townships in which Division the Reserva tions ordered for pubhc use shall be made, the Outlines only of the Grant to be run at the Ex- pence of the U. S. 7. That the Settlers shall be under the imme diate Government of Congress in such Mode & for such Time as Congress shall judge proper.'^ The price offered, it will be seen, was Fifty cents an acre for Six Hundred Thousand or more acres. The indefiniteness of this clause is repro duced in the next relating to military service for which no time limit is set. To cap the climax, the fifth article nullifies the whole basic idea in the formation of the Company in favor of the hold ers of military rights in the Connecticut Line. There must have been some justification for this favoritism that does not appear in the documents and correspondence of the day. The second art icle (which was struck out) provided that Two 32 Papers of the Continental Congress, xii, 230-231. Introduction: The Ohio Company Iiii Hundred Thousand DoUars in Military rights should be aUowed. IX On the receipt of General Parsons 's reports from New York late in May the leaders of the Ohio Company took the stand that the terms of the appUcation made by him were not satisfac tory and Rufus Putnam and Manasseh Cutler wrote as foUows to Secretary Winthrop Sargent : The Company have held a meeting and taken into consideration the letter from General Par sons. We cannot, on any consideration, accede to the location proposed by him, to Congress, as it must defeat us in many of our most important views.'' We are fully in opinion that the most advantageous situation will be nearly where we first proposed, and wish, if possible, to have our eastern bounds on the line of the seventh range of townships and our western on the line Con gress have fixed as the western boundary of the State of Washington,'* then to extend norther ly, so as to include the quantity of lands which the Company shall wish to purchase. We must insist, at least, that our eastern line should be bounded on the Muskingum. If this can not be obtained, we think of giving up the idea of mak ing a purchase as a company. Our prospects S3 The Ohio Company desired its lands to lie adjacent to the Seven Eanges; the proposed Sackett purchase would defeat them in this purpose. If Parsons succeeded in pushing the Ohio Company lands westward of the Scioto, room would be left for the Sackett purchase between that river and the Muskingum. 34 See page 7, note. liv Introduction: The Ohio Compcmy are such that we have little doubt of extending our subscription to a greater number of shares than is proposed in our Articles of Association, and an immediate settlement should be made. We propose one of us to visit General Parsons, and, if necessary, to on to Congress immedi ately after we are informed that there is a suf ficient representation for completing our busi ness. Our principal fears of a disappointment are that Congress may dispose of those lands before it will be in our power to apply for them. We therefore beg you to do everything in your power to obtain the lands where we proposed; and to suggest to some of the most influential members, in whom confidence can be placed, where our Company wishes to make their pur chase; and that, if they are disappointed, the Company will give up the idea of making the purchase at all; and that they will endeavor to prevent the disposal of those lands until the Company can have opportunity to make appli cation. We think some caution may be neces sary in placing confidence, particularly with re spect to members from this commonwealth. We can, however, confide in your prudence in this matter. We likewise think it best, as there seems to be ground to suppose General P s may have views separate from the interests of this Company in his proposal for a location, that he should have no information of our de sire to have it in another place until we have opportunity to converse with him on the sub ject. We beg you to give us the earliest inform ation when Congress are sufficiently represent ed for our purpose, if it takes place before you Introduction: The Ohio Company Iv leave New York ; if not before your departure, that you will request some friend there to in form us after you leave the City. We refer you to Captain Mills for further information.'^ Late in June of the same year Dr. Cutler pre pared to go to New York as the representative of the Ohio Company to Congress in the room of General Parsons. The latter had been chosen to represent the Company in part because of his ac quaintance with men and in part because of his actual acquaintance with the Ohio VaUey. In selecting Dr. Cutler as agent to Congress the Company, perhaps unwittingly, chose a Franklin. Without attempting a biography of Manasseh Cutler it will be in point, before describing his extraordinary part in laying the foundations of civUization in Ohio, to emphasize his Franklin like abilty to meet and mingle with aU sorts and conditions of men; to caution ourselves against the danger of injuring his brillant reputation in the eyes of critical scholarship, Marcus Whit man-wise, by claiming too much for him ; and yet, lastly, to repudiate sternly such lurking but hu- man-Uke insinuations as have been made now and then that Dr. Cutler overstepped ethical boundary lines in his work for the Ohio Com pany.'* 35 Cutler, Cutler, i, 196-197. 36 These insinuations vary from coarse statements of sensational ists to the suave but not unmeaning pleasantries of such scholars as Professor Treat who says: "There can be little doubt that the interests of the Ohio Company were well looked after by the Eever- X Ivi Introduction: The Ohio Compcmy Dr. Cutler was in his forty-fourth year when the Ohio Company was formed, and, at the time, the more-or-less dissatisfled pastor of the Con gregational Church at Ipswich, Massachusetts. He was a product of the times, theologian, as tronomer, naturalist, a great man struggling for light in a day when the greatest of questions were beginning to be studied without theological bias. His range of acquaintance and his range of in terests alike challenge comparison with those of the Philadelphia sage. A brief resume of his diaries for the preceding years show clearly a range of vision and interest that marks him as one of the great New Englanders of his time. He was elected a member of the American Acad emy of Arts and Sciences in 1781, a member of the PhUosophical Society of Philadelphia in 1783, and honorary member of the Massachusetts Medical Society in 1784; in 1789 Yale conferred upon him the degree of Doctor of Laws ; he was a member of Congress from Massachusetts, 1801- 1805. A gaUant chaplain in the Revolution, who was once signally honored for bravery in action, he had made a wide circle of friends ; at Boston he was the guest of the Governor ; at Cambridge, the guest of Harvard's President ; at New Haven the guest of the President of Yale ; at New York and PhUadelphia he was honored by Benjamin FrankUn and the leading flgures in poUtical, ed- end Mannasseh Cutler. ' ' — The National Land System, 50. Profes sor McLaughlin implies that the monetary outweighed the ideal in Dr. Cutler's mind. — The Confederation and Constitution, 124-125. Introduction : The Ohio Company Ivii ucational, and religious walks of life. The naive comments in his diaries, some more excusably self-conscious than others, are no less interesting as portraying his character than his flrm refusal to countenance efforts that would make for his civU advancement. Unfortunately the portions of Cutler's diary relating to the period of the formation of the Ohio Company are not in existence. He left rec ord, however, that he had long "entertained an high opinion of y" lands in y^ western country," and when induced to attend the meeting of the Ohio Company March 1, 1786, by Winthrop Sar gent he determined "to join y^ association, but without y" most distant thought of taking an ac tive part.'"' He is enrolled in the records as a delegate from the County of Essex. In what sense he was delegated will probably never be known. That he purposed seeking new flelds of labor we have from his own hand: "I had suf fered exceedingly in y" war, and after it was over, by paper money and y* high price of articles of Uving. My salary small and family large, for several years I thought y° people had not done me justice, and I meditated leaving them. Pur chasing lands in a new country appeared to be y° only thing I could do to secure a living to my self, and family in that unsettled state of public affairs."" 3' Quoted in C. M. Walker, History of Athens County, Ohio, 250. 38 Id, 251 ; Cf . ultimatum to his Ipswich church, 1778, in the Dawes Manasseh Cutler Collection, Ohio and Scioto Co., 61. Iviii Introduction: The Ohio Compcmy The record of Dr. Cutler's services to the Ohio Company and the western country in general forms a goodly part of the story contained in these volumes. His address and adroitness stand out clear cut in all his negotiations. As might have been expected, he was particularly success ful in meeting strangers and inducing them to weigh carefuUy his arguments in favor of the Ohio Company. He proved himself a master- wirepuller to the third and even fourth degree ; Franldin, in his best days, could not have treated congressmen with more skill, aplomb, or honesty. And Uke Franklin, Dr. Cutler was "not above turning an honest penny in a land speculation which bade fair to be remunerative and interest ing, ' ' as Professor McLaughlin states.'^ On the other hand. Dr. Cutler had no more training than any other member of the Ohio Company for meeting on equal terms with the group of specu lators led by William Duer. We have no proof that any of the Ohio Company group fathomed in the least the purposes and system of business conducted by Duer, Craigie, and Flint. Dr. Cut ler was introduced to them as to the great Ameri can financiers of his day and he took the World's verdict as to their honesty and ability. He was as ignorant of what was going on beneath the surface in their offices as was the rest of man kind. To hint or imply that he might have fore- 39 Confederation and Constitution, 119. Introduction: The Ohio Company lix seen the dangers of an alUance with the Duer group as it then stood in the eyes of the best men of New York is to misread the records of the day and misunderstand the men who were making them. One thing should be kept in mind in aU discus sions of Cutler's relations with Congress and the New York financiers. He came to make a pur chase of land for the soldiers and others who were to make up the Ohio Company of Associ ates. He did not come to New York to frame an Ordinance for the western country — whatever in fluence he may have exerted to that end. He did not come for the purpose of launching a great land speculation in cooperation with the leading financiers of the city. He came as an agent of the Ohio Company ; all he did was in the capacity of an agent ; but for the Company he represented he would have had no hand in framing the Ordi nance of 1787 and no hand in putting on foot the so-caUed Scioto speculation. As an agent he fa vored General Parsons as Governor of the pro posed western territory ; when he saw it was good poUtics to favor General St. Clair he did so im mediately and frankly — for the good of the cause he represented. For this singleness of purpose. Dr. Cutler has not received the praise that should be his. Yet here lay his power and his influence. It was because he was the agent of the Ohio Company that a last draft of the Ix Introduction: The Ohio Company famous Ordinance was brought to him for his ap proval; it was because he was an agent that aU his suggested amendments were acceded to. Had his business been ordinance-making (and who could doubt that he glimpsed the consequences of the matter?) his diary would have been flUed with this subject and his own part in the transac tion been put clearly on record. Yet he passes the matter with the single nonchalant statement that he was given carte blanche to revise the flnal draft! Dr. Cutler's experiences and success are fully described in his diary.*" On July 2d he left Gen eral Parsons 's honae at Middletown, Connecticut, and reached New York on the 5th. From that date to July 27th Dr. Cutler was engaged at New York and Philadelphia in a round of dinners, caUs, sight-seeing and negotiations with members of Congress — all most picturesquely and frankly described by him. The failure of previous writers to study the Mss. Papers of the Continental Congress in con nection with Dr. Cutler's negotiations has result ed in a failure to put clearly what must be con sidered the crucial point at issue. In brief. Con gress desired that the purchase involve as large a tract of land as possible ; a method of joining the Ohio Company purchase and a (Scioto) specula tion was proposed by men influential enough to secure the legislation needed ; Dr. Cutler evident- 40 Cutler, Cutler, i, 215-305. Introduction: The Ohio Company Ixi ly agreed to assent to this provided the agree ment or contract could be of a dual character. That the point at issue was the duaUty of con tract is proven by comparing the terms of the original proposal with the contract as flnaUy signed. The former we quote here; the latter wiU be found in the original minutes in this vol ume. Those who have argued the legal indivisi- biUty of the Ohio and so-called "Scioto" com panies wiU note that by Dr. Cutler's proposals of July 21st a single purchase of a great acreage was to be made by Parsons, Putnam, and Cutler and Associates. No mention is made of the Ohio Company. The proposal read : It is proposed by S. H. Parsons, Rufus Put nam &M. Cutler for themselves & Associates, to purchase of y* United States y" undermentioned tract in the western territory of the United States, on y* following conditions viz — Discription of y^ Tract A certain tract of land in y* western territory of y United States, bounded on j" east by y* western boundary of y seventh range of town ships, on the south by the Ohio river, on the west by y river Scioto, & on the north by a due east & west line, run from y ilorthwest comer of the 10th township of the 7th range (reckon ing from y" Ohio) untill it shall intersect the Scioto Conditions 1'' The price to be three shillings & sixpence lawful money, or 7/12 of a dollar, per Acre, pay able in any of y* securities of y^ United States. Ixii Introduction: The Ohio Company 2'- In payment for y" lands, no interest shall be computed on the certificates paid in, provided that indents of interest, signed by y^ Treasurer of the United States, shall be given to y pur chasers, for all arrearages of interest due on y" said certificates, to y" date of their payment, which indents shall be receivable in all y* gen eral Requisitions, in proportion assigned to the respective Requisitions, on which they may be paid in. 3* The payments of y" above purchase to be made in y following manner — viz. The 1^' payment shall be within three months computed from y date of this agreement: & shall amount to two hundred & fifty thousand dollars; — the second payment shall be when the survey of the above tract is made, & shall amount to four hundred thousand dollars; — the remainder shall be paid in six equal install ments at y" expiration of every six months, computed from the date of y* second payment. 4'" When the first payment is made an Instru ment of writing shall be delivered to the pur chasers, signed by y* President of y United States in Congress & Sealed with their Seal; declaring that the United States have sold to S. P. — R. P. — & M. C. & their Associates for & in consideration of one dollar per acre, the tract of land above described. — On which the pur chasers shall execute another instrument, bind ing themselves & their Associates for the Pay ment of the above purchase, agreeable to y* above conditions. And it shall be further declared, in the last mentioned Instrument, that the purchasers shall Introduction : The Ohio Company Ixiii not be entitled to take possession of any part of y lands contained in the above tract, only in the following manner. — viz — when the first pay ment is made, they shall have a right to take possession of a certain tract of land, bounded east by y* 7""' range of townships, on y* south by y* Ohio river — on y^ west by a line run due north from the western cape of the Great Ken- hawa, so far as that, from its termination, a line run east to y^ western boundary of y^ seventh range of townships, may comprehend a quantity adequate to y^ flrst payment — When the second payment is made they shall have a right to take possession of as great a quantity of lands as shall be, when added to the aforesaid quantity, equall to y' amount of one million of dollars; which lands shall be bounded on the east by y western line of y 7* range of townships, on y* south by y^ flrst location, & on y^ west by a con tinuation of y^ line from the Great Kenhawa, & on the north by an east & west line to y* western boundary of the 7* range of townships. Military rights, in y* ratio of one to seven, to be admitted in the above mentioned possessions, for the Of ficers & Soldiers of y^ late Army, who may be proprietors in the said lands, & also, two town ships for the establishment of a Literary Insti tution. When the first & second installments are completely paid, & not before, the purchas ers shall have a right to take possession of as great a quantity of lands, as the several pay ments at that time made, shall amount to — & this ratio of equal payment & possession shall be continued, untill y whole payment & posses sion is accomplished. — Mv Introduction: The Ohio Compcmy When y. first & second payments are made & the first installment completed, then the pur chasers shall receive a formal deed for the quantity of land which shall be equal to y pur chase of one million of dollars, comprehended within the boundaries above mentioned; and after this period they shall from time to time receive deeds for as great a quantity of lands as their several payments shall entitle them to, at y price agreed on. — 5*" Notwithstanding y declaration of sale specified in y" first mentioned instrument, the purchasers & their Associates bind & objlige themselves in case of failure in y* payments as above mentioned to renounce all claim or pre tention of right to any lands for which they have not made bona fide payment as before ex pressed, & the said Company or individuals thereof shall have no kind of right or pretence to enter on or take possession of any parts of said tracts, of which such failure is made, & the said tracts shall be free to be sold by Congress to any person or persons whatever — and in case the said tracts of which such failure is made, be afterwards exposed to sale by Con gress, y present purchasers shall be liable to make up y^ loss (if any) which may arise be twixt y* price of y* lands so sold, & what is here by contracted for. gth rjij^g purchasers shall have y* right of pre emption of three additional townships some where northerly of the tract above specified, at the price agreed on, & to take possession of y* same when the payment thereof shall be duely made. GeneplAl Reti's Pe'tx.mi From a ]iaiiitiiij;' liy Trumbull in Yali' T'niii'isitv Jjibraiv Introduction: The Ohio Company Ixv 7"' The aforesaid purchasers, shall, at their own expence, within 7 years from date hereof, lay off the whole tract which they shall pur chase, into townships & fractional parts of townships, & divid the same into lots according to y* land ordinance, & make complete returns thereof to y board of Treasury — Lots N" 8 — 11 — & 26 in each township & fractional parts of townships, to be reserved for y^ future disposi tion of Congress. Lot N° 16 to be given perpet ually, by Congress, to y" maintenance of Schools, & lot N° 29, to y purposes of religion in the said townships — two townships near y center of y" second specified tract, which comprehends y* purchase amounting to y first mentioned mil lion of dollars, & of good land, to be also given by Congress for y* support of a literary Institu tion, to be applied to the intended object by y* Legislature of y" State.*^ The various notes and letters which must have been exchanged between Dr. Cutler and the Com mittee of Congress do not seem to be in the Pa pers of the Continental Congress nor in any man uscript coUection. But looking at the proposals of July 21st, here pubUshed for the flrst time, and the contract as flnaUy signed, some things are plain. As a result of conference and compro mise the plan of July 21st — of making one purchase not speciflcally stated to be for the Ohio Company of Associates — was abandoned and a new plan to make two purchases was adopted; the new plan caUed for the execution of dual con- *i Papers of the Continental Congress, xii, 8, 234-238. Ixvi Introduction: The Ohio Company tracts, one signed by Cutler and Sargent as rep resentatives of the Ohio Company, and the other signed by them as representing another associa tion of purchasers distinct from the Ohio Com pany. This proves beyond question that Cutler and Sargent intended not to involve the Ohio Company in any other transaction. No one can beUeve that the Duer group of speculators had any idea that the Ohio Company could be held le gally responsible for any action of theirs ; know ing their character as we now do through the Craigie Papers and Knox Papers *^ no one could beUeve that such a wrecking crew would have kept their hands off the Ohio Company had a shadow of legal connection made this possible. When the Scioto group was in the last throes of dissolution and Duer was being haled to jail, the Ohio Company was dividing an $80,000 "divi dend" among its stockholders.*^ That a group of men who had made a Massachusetts legislative committee afraid of their own shadows" would have allowed this dividend to be distributed, if there could have been found the least reason why the Ohio Company should be held responsi ble for the Scioto speculation, wUl be credited by no sane person. In later years it was urged *2 See footnotes 48 and 49. It is to be hoped that the Ameroan Antiquarian Society will eventually publish the Craigie Papers. <3 Overpayment by shareholders returned as less acreage was pur chased than originally intended. ** Jackson to Knox, Knox Papers, xlvii, 177. Introduction: The Ohio Company Ixvii that the Ohio Company was legally responsible for the Scioto transaction ; the question being re ferred to the United States Attorney General, his opinion expUcitly stated that there were two sides to the question.*^ The best proof of the pudding however, is the eating thereof ; the fact that the Ohio Company was never held responsible is ' proof that it could not be. Could this have been done nothing is surer than that it would have been done. Duer in his last days cried out that a paltry $17,000 invested in Maine lands was his "sheet anchor;" he had advanced the Ohio Com pany nine times that amount; if any one knew that a legal responsibility lay with the Ohio Com pany Duer did; and he never raised a flnger to compel the Ohio Company to take any responsi biUty in the matter, beyond forcing it to care for the unfortunate French who had wended their way to the Ohio. The completion of the negotiation is given by Dr. Cutler as follows : New York City, N. Y. Friday, July 27. I rose very^early this morning, and, after adjust ing my baggage for my return, for I was deter mined to leave New York this day, I set out on a general morning visit, and paid njy respects to all the members of Congress in the city, and informed them of my intention to leave the city that day. My expectations of obtaining a con tract, I told them, were nearly at an end. I should, however, wait the decision of Congress, *5 American State Papers, Public Lands, i, 23. Ixviii Introduction: The Ohio Company and if the terms we had stated, and which I con ceived to be exceedingly advantageous to Con gress, considering the circmustances of that country, were not acceded to, we must tum our attention to some other part of the country. New York, Connecticut, and Massachusetts would seU us lands at half a dollar, and give us exclusive privileges beyond what we had asked of Congress. The speculating plan concerted between the British in Canada and New York ers was now well known. The uneasiness of the Kentucky people with respect to the Mississippi was notorious. A revolt of that country from the Union, if war with Spain took place, was universally acknowledged to be highly probable. And most certainly a systematic settlement in that country, conducted by men strongly at tached to the federal governments, and com posed of young, robust and hardy laborers, who had no idea of any other than the federal gov ernment, I conceived to be object worthy of some attention. Besides, if Congress rejected the terms now offered, there could be no pros pect of any appHcation from any other quarter. If a fair and honorable purchase could not be obtained, I presumed contracts with the na tives, similar to that made with the Six Nations, must be the consequence, especially as it might be much more easily carried into effect. These and such like were the arguments I urged. They seemed to be fully acceded to, but whether they will avail is very uncertain. Mr. R. H. Lee assured me that he was prepared for one hour 's speech, and he hoped for success. All urged me not to leave the city so soon; but I assumed the Introduction: The Ohio Company Ixix air of perfect indifference, and persisted in my determination, which had apparently the effect I wished. Passing the City Hall as the mem bers were going in to Congress, Colonel Car- rington tole me he believed Few was secured, that little Kearney was left alone, and that he determined to make one trial of what he could do in Congress. Called at Sir John Temple's for letters to Boston; bid my friends good-by; and, as it was my last day, Mr. Henderson in sisted on my dining with him and a number of his friends whom he had invited. At half past three, I was informed that an Ordinance had passed Congress on the terms stated in our letter, without the least variation, and that the Board of Treasury was directed to take Order and close the contract. This was very agreeable but unexpected intelligence. Sargent and I went immediately to the Board, who had received the Ordinance, but were then rising. They urged me to tarry the next day, and they would put by all other business to com plete the contract; but I found it inconvenient, and, after making a general verbal adjustment, left it with Sargent to finish what remained to be done at present. Dr. Lee congratulated me, and declared he would do all in his power to ad just the terms of the contract, so far as was left to them, as much in our favor as possible. I proposed three months for collecting the flrst half-million dollars and for executing the in struments of contract, which was acceded to. By this Ordinance we obtained the grant of near 5,000,000 acres of land, amounting to three mil- . lions and a half of dollars, one million and a Ixx Introduction: The Ohio Company half of acres for the Ohio Company, and the re mainder for private speculation, in which many of the principal characters in America are con cerned. Without connecting this speculation, similar terms and advantages could not have been obtained for the Ohio Company. On my return through Broadway, I received the congratulations of a number of my friends in Congress, and others, whom I happened to meet with. At half after six, took my leave of Mr. Henderson and family, where I had been most kindly and generously entertained, and left the city by way of the Bowery.*^ . . In aU the negotiations of these days, as in aU legislative enactments relating to land, the idea of securing revenue dominated the minds of Con gress. Professor McLaughlin weU says : ' ' Cut« ler came to congress commissioned to buy land, and the simple proposition to that effect must have sounded sweet in the ears of congress, even though the purchase was to be made, not in hard cash, but in certiflcates of pubUc indebted ness. "" A careful reading of the records gives one the impression that the members of Congress were anxious that Dr. Cutler should make a prop osition so tantalizing from the revenue point of view that they could flnd no excuse to deny it. *6 Cutler, Cutler, i, 303-305. The contract as recorded in the orig inal minutes wiU be found on pages 29-37 of this volume. *7 The Confederation and Constitution, 120. Introduction: The Ohio Company Lxxi The tract of land to be negotiated for must be of a size commensurate with the other tracts in the West which had been under discussion, as the Virginia MUitary District or the "Western Re serve." And, as a result, the amount of revenue to accrue from the negotiation had to be more than a drop in the bucket; it had to be worthy of comment — sufficient in size to encourage those who had steadUy maintained that western lands would materiaUy help to pay the war debt. Psy- chologicaUy, the transaction had to be of size to be dignifled; it had to smack of "big business"; it had to appear as the prophetic beginning of a long Une of similar negotiations which would bring in large sums to the national treasury. No tawdry, commonplace dicker, that might be du- pUcated by every Tom-Dick-and-Harry coterie of financiers, could be considered by Congress. The tracts under option or reservation in the West, by Virginia or Connecticut, were smaU em pires, running from three and a quarter to four and a quarter miUion acres each. An "Ohio Company," able to ask only for a miUion and a half acres and paying only a quarter of a mUUon down, could not be recognized; but a group of financiers, offering to purchase a tract of five million and paying half a miUion down and a like amount as soon as the tract was surveyed, was an organization to be encouraged; the deal was of a size to pique the imagination and the Ixxu Introduction: The Ohio Compcmy sums involved bespoke a new day for the treas ury of the Nation. It satisfied the pride of aU who had prophesied that the West would prove a real asset. The manuscripts now known to exist relating to the subject give us no idea, as stated, as to the origin of the dual or "enlarged" scheme that would couple the Ohio Company purchase with a great speculation and so make it possible for Cut ler and Sargent to apply for a greater tract of land than they had intended to secure. That the new or dual scheme was known to the members of the committee of Congress with whom Cutler was dealing is practically sure from the state ment of Dr. Cutler's that the committee had al ready expressed the hope that he would continue the negotiation, promising to "take the matter up that day on different ground, and did not doubt they should still obtain terms agreeably to my wishes." Concerning this group of "principal characters of the city" Dr. Cutler knew no more, and prob ably no less, than what current rumor reported and what their general acceptance everywhere and by best and most honored indicated. There is no room for doubt that the committee of Con gress felt that. Unking the democracy and wUl- ingness of performance of the Ohio Company of Associates with the financial strength of a Duer group of promoters, a very honorable and sue- Introduction: The Ohio Company Ixxii^ cessful negotiation could be concluded and car ried to successful issue. True, it was a case of a government official abetting legislation from which he stood a prospect of making great profit. To doubt that the committee knew this is to mis read everything that is written between the lines of the documents that are left to us of the trans action. To question the ethics is to question the standard of ethics of the day, a task as easy as it is unavaUing. Nevertheless, a study of the ' ' Scio to group" and its methods of operations is of real importance for purposes of comparison; within one nut-shell (the contracts of Cutler and Sar gent with the Board of Treasury) we find two kernels, one good, genuine, and wholesome, the other whoUy bad and begetting failure and re morse. To know what the Ohio Company was not, one should know what the so-called "Scioto Company" was. The Scioto coterie was composed of an interest ing crowd of promoters and speculators; their operations, individual, cooperative, and interna tional in scope, throw Ught upon the financier ing and speculation of the first years of the Re pubUc 's life and show how closely we were then bound to the mother-country and to Europe." The record of these operations is to be found, 48 For a more complete description of their operations, see A. B. Hulbert, "The Methods and Operations of the Scioto Group of Spec ulators, ' ' The Mississippi Valley Historical Beview, i, no. 4 ; ii, no. 1 (June and March, 1915.) Ixxiv Introduction: The Ohio Compcmy so far as it can be found, in the correspondence of the principals and in such other memoranda as they may have left.*' The study of such mate rial is necessarily difficult ; these men were close- mouthed business men; their objects and meth ods are rarely, if ever, stated in writing ; adept in the art of communicating unessentials, they are past masters in the art of refraining from writing at all. "I pray you to answer some of my epistles," wrote Christopher Gore to his old friend, Andrew Craigie, playfully, "if you do not I shaU conclude you are in love or deep in some poUtical project." ^^ The student must de pend partly upon indirect evidence, partly on frank letters written by uninitiated correspond ents, and partly i^pon letters written in moments of anxiety or despair, when caution was forgot ten. Dr. Cutler, knowing little about the enterpris ing partners who were imposing a new company 49 The manuscript sources referred to in the following pages may be found in the following libraries: Craigie Papers, in the American Antiquarian Society; Knox and Pickering Papers, in the Massachu setts Historical Society; Scioto Papers, in the New Tork Historical Society; GaUipolis Papers, in the Historical and Philosophical Society of Ohio; Barlow Papers, in the Harvard College library; Emmett Papers in the New Tork Public library; Putnam Papers in Marietta College library; The Papers of the Continental Congress, in the Li brary of Congress; the Treasury Department manuscripts; the Manas seh Cutler Collection in the Charles G. Dawes Collection. The writer is especially obligated to the oflScers of the American Antiquarian Society for many favors. Eo Craigie Papers, 2 : 52. Introduction: The Ohio Company Ixxv on him as the condition of his own success, sound ed the keynote of their system of operation when he said that the project must be "kept a profoimd secret." By this we are not to believe that Dr. Cutler meant that the facts must be kept secret because some of these "principal characters," as he caUs them, were using public office for private gain, or because they were bent on influencing legislation to fatten their pocket-books, but be cause secrecy was the very breath of life to the men of high flnance. Arnold Bennett writes of the present-day American business men, "They are open with one another, as intimates are. Jealousy and secretiveness are much rarer among them than in Europe. ' ' " This condition has been a growth since 1787. It would be extreme to say that pubUc credit, private faith, and common honor were lacking in those "good old days," but the reading of several thousand letters of the "principal characters of America" does not tend to decrease suspicion. Injunctions to secrecy and reasons therefor occupy innumerable pages ; in itials and noms de plume for third parties were equaUy common, and systems of shorthand and formal codes were in use not so much to limit ex pense as to make correspondence uninteUigible to other persons. Their common use also indi cated the erratic and whoUy uncertain postal con ditions ; those who wished to do so could success- si Tour United States, 94. Ixxvi Introduction: The Ohio Company fuUy intercept any rival's communications for a time without difficulty. The spying upon the movements of important men, flnanciers, like Robert Morris, for instance, whose very where abouts had its significance, was usual. The mod ern telegraph and telephone are generally re garded as agents of publicity, but they have also made it possible for men to build around them selves an impenetrable wall of secrecy. Those whom Dr. Cutler called "my friends" carried to successful issue a resolution through Congress permitting the Board of Treasury, of which Colonel Duer was secretary, to contract with a person or persons for a sale of western lands. A tract containing 1,781,760 acres was sold to Manasseh Cutler, Winthrop Sargent, and associates in the Ohio Company for $500,000 down and an equal sum to be paid when a sur vey was completed ; and an option on a tract con taining 4,901,480 acres was granted to Manasseh Cutler, Winthrop Sargent, and associates, to be paid for in six installments. These figures indi cate the actual number of acres found afterward to be contained in the boundaries as drawn. The moiety actually paid by the Ohio Company permitted the holders of the coUateral option Uberal time for payment; of the half-a-million paid by the Ohio Company, $143,000 was loaned it by Colonel Duer, to be repaid as fast as possi ble. The stock of the organization holding the Introduction: The Ohio Company Ixxvii option, caUed by Dr. Cutler the "Scioto Com pany" and by Colonel Duer the "Scioto Right," was divided into thirty shares; thirteen went to Cutler and Sargent, and thirteen to Duer; four were to be sold abroad. Each share, supposed to represent 150,000 acres, was reaUy found to rep resent 163,3822/3 acres when survey of the re gion was finaUy made. Whatever may have been the exact purpose of Duer in originating the Scioto speculation, as a land speculation it held the promise of great re turns to the investors. Seldom, if ever, had a land company in our history a legal option to so great an area of equaUy valuable land ; and never did in equal area held by a land company in our history improve in value, as a whole, more rapid ly than did these five milUon acres. Two courses to make the adventure a success were open to those in control : to act either as a holding or as a developing company. In the former case money could be borrowed to make the payments, using the option as collateral; or, the option — or a fraction of it — could be sold outright for money necessary to pay the installments; in the latter case, the company paying one installment could "develope" a proportionate area by seUing- small tracts to genuine settlers and be moraUy certain that, in the event of failure to complete payment, title would be given for the fraction paid for. In any event, the Ohio Company, with lands ad- Ixxviii Introduction: The Ohio Compcmy joining, would be greatly benefited. Because the Scioto group chose to throw away the opportu nity offered by the western land scheme in which they were interested, it is not at all necessary to overlook or deny the rightful interest and expec tation the Ohio Company ought to have had and did have in the outcome of an honest and intel ligent development of the speculation. The in terest of Cutler and Putnam in the Scioto spec ulation was very great until it was clear that there was no intention of development and that it was only one of a large number of speculations indulged in by Duer's New York crowd. For our purposes we may call these associated men "The Scioto Group of Speculators," not be cause any reasonable fraction of their time was given to Scioto land affairs, but because of aU their adventures the Scioto speculation alone forced them into the open — into something ap proximating a formal organization. It is diffi cult to understand the relation that existed be tween them. It was as if a dozen or so congenial men had a mutual informal arrangement to act often together in a speculative capacity ; in one of many phases of activity they were the owners of a Scioto option or "right"; in this capacity they referred to themselves solely as the "Company formed for land speculation." By a certain fa- taUty they are best grouped and remembered by the name of the speculation to which they were Introduction: The Ohio Company Ixxix most inattentive and indifferent, but which has enjoyed a romantic notoriety all out of propor tion to the attention they gave to it through the coming of the forlorn French founders of the GaUipolis settlement on the Ohio River. The office of Colonel Duer in New York was the business center of the group. Closely asso ciated with him were Andrew Craigie of New York and Cambridge, Massachusetts — of Crai gie House fame — Royal Flint of New York and Boston, WiUiam Constable, Melancthon Smith, Seth Johnson, and Richard Platt of New York, and Christopher Gore and Samuel Osgood of Boston. The connections abroad were with Dan iel Parker and Company, and Smith, Wright, and Gray in London ; N. and Th. Van Staphorst and Company in Amsterdam ; and the Delasserts in Paris. Geographically, it will be noticed, this group was well distributed. Of the scores of persons involved it is difficult oftentimes to esti mate their relative importance ; many men were involved as a mere incident in business routine. The principals and chief agents resided at Phila delphia; New York; Boston; Alexandria, Vir ginia ; Marietta, Ohio ; and London, Amsterdam, and Paris; the distribution of these centers of interest was sufficiently wide to necessitate a cor respondence and permit a cross-fire correspon dence. There were regular channels of informa tion ; when letters demanding information or ex- Ixxx Introduction: The Ohio Company planation went counter to these channel-currents they were not in code and often carried genuine and lively information! Duer, Craigie, and Flint seem to have been regarded as co-trustees of this group of speculators." The relation to the companies of Richard Platt, who was treas urer of both Ohio Company and Scioto trustees, and Melancthon Smith, shown by the Jarvis let ters to have been in a position of importance, is difficult to learn in full. That the Ohio Com pany trustees (Cutler or Sargent) were respon sible parties in the Scioto group speculation is not evident ; if Rufus Putnam, for instance, was such, he could not have acted as a witness to the Cutler and Sargent-Barlow transfer, as the orig inal proves he did. Whatever division Dr. Cut ler may have made of the Scioto shares that were turned over by Duer to him, the correspondence of the trustees involves no member of the Ohio Company in any of the purely speculative enter prises of the Scioto group; the Ohio Company shareholders are mentioned only when aid is 52 The reasons for believing this are as follows: They signed Ben jamin Walker's commission as trustees (Walker's commission, in Scioto Papers) ; Flint wrote Craigie his signature was necessary to the compromise agreement with the Ohio Company (Craigie Papers, ii, 26) ; to them, when affairs went well, men wrote for a chance to invest (as Melancthon Smith, Id., ii, 197) ; to them when affairs went badly many letters were written by factors asking for payment or cooperation (Id., i, 23) ; in the records of the Ohio Company, Duer, Flint, and Craigie are usuaUy termed "Trustees to the Proprietors of the Scioto Lands." Id., i, 23. Introduction: The Ohio Company Ixxxi needed on the frontier or in connection with com promise settlements with that company. It has been loosely said that lands offered prac ticaUy the only field of speculation during the eighteenth century ; this circle of men, or circles within the circle, were at all times speculating in lands, but their principal activities were in other fields. Their correspondence deals largely with speculation in the domestic and foreign debt, in State debts, in Pickering notes, new emission money and treasury warrants, in loan office cer tificates, in the notes of hand of firms and indi viduals, in wager stock (modem gambUng on margins), in continental certificates and, most lucrative of aU, in claims of individuals and firms against the United States, and United States claims against flrms and individuals. These claims by regular routine came through the Board of Treasury ; we have already seen the active in terest of two members of that board, Duer and Osgood, in the Ohio Company case ; we have full evidence concerning other measures which passed directly from the Board of Treasury to the group in question. In aU their operations no sign of formal or ganization of the associates is discovered; as various schemes of speculation are brought to the attention of individual members of the coterie a chemical reaction takes place — a redistribution of interests forming another group within the Ixxxi i Introduction: The Ohio Company greater group. If the new scheme demands real money and is risky the "little" men are inter ested and cajoled; if the scheme is merely one in volving margins and big with prospect, the big men only are involevd. There is something reprehensibly modern in the way Uttle speculators are led on by favorable reports on speculations that are ready to go by the board; on one day a member of the Scioto group defines a plan to a foreign agent by which "something may be saved" out of the wreck of a speculation, and on the next day writes a stock holder that the business goes on weU and hopes it wiU soon be productive! On the day following he writes another correspondent that the business is going weU but that personally he is determined to avoid liability.^^ Duer abandons the entire Scioto group a Uttle later when he writes General Eaiox that he gives up that scheme for a Maine land speculation ; " he keeps this a secret from aU but Seth Johnson and Flint, and makes three hundred per cent in eighteen months — all of which is deUghtful in the face of Craigie 's letter to Duer of August, 1787, which outlines his studi ous plan to link himself indissoluably to Duer. The speculations of the Scioto group at home, classified roughly, show how they acquired and speculated in claims of the United States against B3 Craigie Papers, i, 64, 65, 66. 5iKnox Papers, xxix, 76. Introduction: The Ohio Company Ixxxiii a solvent foreign flrm, how they acquired claims against the United States from insolvent Ameri can flrms, their methods of disposing of Scioto stock for assets in other enterprises made possi ble by their political influence, the part played by them in the campaign in favor of assumption, and the methods employed in Ohio and Maine land speculations. A review of Joel Barlow's relations to the Scioto speculators is interesting in the Ught of the foregoing diagnosis of the methods of the group of men whom he represented. We have seen that the plan to obtain a loan abroad by giving Scioto shares as coUateral, or to seU the shares to foreigners, was a part of the original plan and f ormaUy discussed by Cutler and Os good. Royal Flint was evidently Colonel Duer's choice for the mission with Jarvis probably as an advisor who knew the ways and means of foreign investment and speculation. Flint's illness ne cessitated a substitute; Joel Barlow, who had successfuUy sold Ohio Company shares for Dr. Cutler, was urged for the mission by FUnt and Cutler and received from Duer the appointment. What the astute New York speculator expected of the young, untried, untraveled Hartford poet- lawyer baffles speculation. He had won no suc cess at the bar, had shown Uttle business abUity, had no acquaintance with men of affairs; his poetry had little to recommend him. The super- Ixxxiv Introduction: The Ohio Compcmy flcial reader jumps at the conclusion that Duer permitted Barlow's appointment because his ap peal would reach a different class from that which would be touched by the typical hard-headed bus iness agent, and that poetic license was needed on a mission to seU lands which the group did not own. The pubUcity of the sending of an agent to France might have been all that Duer expect ed; in the meantime the group would doubtless turn over the option with some advantage to themselves. Immersed in a very labyrinth of speculation as they were, and not taking any of their adventures very seriously, depending never on developing any property but always upon "turning over" their stock, they were simply gambling on margins no matter what the nature of their investment. No phase of the operations shows the real char acter of the methods of the group better than the Barlow episode. Their correspondence of the time shows no intention to better by one penny a single property that came into their eager hands, no intention to create a dollar's worth of wealth. They were perhaps the best early representatives of that class of predatory speculators who in our own day give WaU Street an evU name, despite the honesty and fldelity of the great mass of its operators. Barlow probably had as little idea of his real mission when he crossed the Atlantic as he had real knowledge of how to accomplish what Introduction: The Ohio Company Ixxxv he thought was his mission. Craigie, Parker, Jarvis, and the Staphorsts had all tried their hand at securing a loan on the "Scioto Right"; even Barlow's departure was delayed because Duer and Platt had news from London which indicated the new development of the arrange ments which would make the sending of an agent unnecessary. There was no hope of Barlow's se curing a loan in HoUand, and he did not. There remained for him only the herculean task of disposing of the option on the land. He arrived in Paris in Jime, 1788, and soon went to London; from there he went with Parker on a fruitless mission to Amsterdam. He reached Paris again in September ; Brissot arrived some three months later; but we flnd no such coopera tion between the two as would be expected. By AprU, 1789, Brissot repudiated Parker ; but Bar low does not seem to f oUow his lead. Through a chance friendship with one Colonel Blackden, the latter met WiUiam Playfair. The friendship thus started ripened with the years and came to mean much to both Mr. and Mrs. Barlow. This EngUshman was of the ilk with which Brissot so heartUy classifled Daniel Parker, and it would seem that Parker had more to do in the matter than Blackden ; incidentaUy this strengthens the beUef that Brissot was Uttle consulted: later it wUl be seen that he repudiated the Scioto project entirely. Ixxxvi Introduction: The Ohio Company It was remarked above that the correspondence of the group does not show a purpose to do other wise than speculate with the Scioto right. This does not refer to correspondence with Barlow. As far as correspondence, advice, and direction were concerned. Barlow was quite abandoned. If Gore in Boston had to plead with Craigie in New York for a letter ; if Henry Jackson could secure a letter from Duer only by astonishing statements of exasperation, what hope had Joel Barlow of maintaining a correspondence with the trustees he represented ? As a matter of fact, he received no answers to his flrst letters outlin ing the plan of sale to actual settlers through the Compagnie du Scioto. There is no justiflcation for his misjudging his instructions to such a de gree that the group at home should suddenly be thrown exactly where they morally belonged — in the role of developers of a great tract of coun try. In the correspondence examined relating to these transactions no other excuse is found for Barlow's action except that, lacking fresh advice, the Yankee in him made him so practicaUy pre sumptuous as to suppose that, if the members of the group could not realize on their option in one way, they would be glad to do so in another. In this he was woefully mistaken. These men had invested no money in the venture ; they were in volved in a maelstrom of speculation; nothing was less to their purpose than to supervise and Introduction: The Ohio Company Ixxxvii encourage an actual settlement in the Scioto country ; rather, they would let the option lapse, automaticaUy. As a result of Barlow's efforts in Paris, the emigration party of about flve hundred arrived at Alexandria, Virginia, in the spring of 1790. The pitiful account of their sojourn in Virginia and of their delayed arrivel upon the Ohio has been frequently repeated. The Porter, Franks, and Frazier letters, hitherto unused, bring out in clearer light the wilUngness of Duer and his fol lowers to leave their agents unadvised, misguid ed, and unpaid.°° The f aUure of Barlow to hon or drafts upon him (which is still unexplained by any of the sources studied by the present wri ter) doubtless accounts for Duer's long delay in placing the emigrants upon their lands; in fact land for them had to be purchased by the Scioto trustees of the Ohio Company since no payment on the Scioto lands proper had been made. This delay was to prove fatal, for the failure or suc cess of the Scioto speculation in France hinged on the reports of the flrst emigrants. The brunt of the situation in America fell on the Ohio Company. Its men piloted the unfor tunates to their lands for which the Scioto trus tees never paid and built them temporary cabins. 55 Treated more fuUy in A. B. Hulbert, "Andrew Craigie and the Scioto Associates," American Antiquarian Society Proceedings (new ser.), 23; pt. ii, 222. 1 xxxviii Introduction: The Ohio Company The Ohio Company lost eighty thousand doUars when, in 1792, the panic took down the three im portant Scioto trustees. The moral obUgation of the group to the Ohio associates is perfectly clear ; they owed their chance to speculate to the creduUty of the Ohio Company's agents; by ad vancing a hundred and forty thousand dollars they received the right to three times as much land as the Ohio Company secured by a payment twice as large. That they should, through the presumption of Joel Barlow, with whom they held no proper correspondence, be forced into a seeming fulfiUment of their duty in actuaUy cooperating to settle their western empire is the amusing sequel. To a larger degree than has been recognized. Barlow and his associates had taken securities and coUateral of various sorts rather than money. In fact Brissot, in urging pubUcly the claims of another land company (what one is uncertain), declares it to be much more sound than the Scioto company since to become s^, member of it one must actuaUy pay money; while to secure a share in Scioto lands, no money is needed: "Celui-ci n' exige aucuns moyans de fortune. " °* If the truth could be known it might appear that embezzle ment is attributed to Playfair and associates un justly. Benjamin Walker, sent by the trustees 58 Patno*e Francais, supplement, April 23, 1790. Barlow writing Duer, March 3,. 1790, states that "none of the payments were yet [January 25] made." Introduction: The Ohio Company Ixxxix of France to save the situation, exonerated Bar low of wrong-doing whUe denying him business abUity." Barlow as late as November, 1790, stiU stood by Playfair by subscribing his name to a letter to Duer describing the situation as it then exist ed." And, as if to repudiate the stigma of not being a successful business man, Barlow in only four years accumulated a fortune equivalent now to half a million dollars, and lived in luxury while Duer died in jaU, FUnt faUed, and Craigie dared not venture outside his beautiful Cambridge home of sainted memory for fear of the sheriff's long arm.'* The last phase of the speculative activity of these men was to engage with General Henry Knox and General Henry Jackson of Boston in a Maine land speculation, agreed upon May 24, 1791.*° That it was deftly done is shown by the fact that the articles of agreement were signed July 1, a matter of only six weeks from the date 57 Craigie Papers, ii, 32. As late as March 15, 1791, Flint is hoping Walker can clear their affairs in Europe. He states that there has been a great "waste" of funds in Europe. 58 W. G. Sibley, The French Five Hundred and Other Papers, 43- 53. 59 Barlow to Mrs. Barlow (Algiers will), July 8, 1796. When nom inated as minister to France Barlow's enemies objected on the one hand because he was a poet and therefore unpractical and on the other hand because he had secured a fortune by unknown means while abroad; to all of which Timothy Pickering made a very humor ous reply in the senate. Pickering Papers, xiv, 328; xxix, 428, 430, 438; Hv, 314. 60 Knox Papers, xxviii, 234. xc Introduction: The Ohio Compcmy of forming the association. Jackson writes Sec retary Knox the news of the completion of the deal in the committee room: "Am writing this in the presence of the committee," he observes, "who are afraid of their own shadows."" Two milUon acres were contracted for at ten cents an acre, possibly the lowest price ever paid for land in New England since the formation of the re pubUc. And now in the face of his tedious and costly experience with Barlow and the Compagnie du Scioto, Colonel Duer turned again to French emi grants for settlers and organized "The French Company of the Union," involving a French ad venturess (Mme. de la Vol) and De la Roche who was sent westward on an important mission in the summer of 1791.°^ The agreement with the "French Company of the Union" was signed by Duer August 27th and by Knox September 3d.*^ Madame de la Vol contracted to pay flfty-six cents per acre. At the time of signing the "French Company" agreement Duer wrote Knox that he would abandon the Scioto concern ; in fact the "State of Confusion" in Scioto af fairs is the reason given by the associates in the "French Company of the Union" (which includ ed Du Barth) in their "Address to the Proprie- 61 Knox Papers, xlvii, 177. 62 7^., xxix, 86, 173; Hamilton, Works (Hamilton ed.), v, 478. 63/(i., xxix, 76. Introduction: The Ohio Company xci tors of the Maine lands" for the formation of the company.** The speculation ran the same course, in several respects, as the Scioto flasco. Jackson personal ly conducted the French party to their lands,"^ whereupon there soon began a correspondence between the Maine settlers and the proprietors and agents in New York and Boston that flnds its counterpart only in the correspondence concern ing the GalUopoUs emigrants.** This record of concerted speculation of course closes in 1792 when the three leaders of the Scioto group went down in the panic which swept New York, foUowing the wUd craze for speculating in United States bank shares and simUar baubles. The detaU of events of the years from 1787 to 1792, in respect to this single group, brings out the power of personal initiative and the methods of cooperative flnancial support in a day of little money and abundance of paper obligation of in determinate value; the general tone of morbid secretiveness that prevailed was the result of having no method of estimating a man's rating or the amount of his assets or his obUgations. In almost every instance noted in the correspon dence under review the reason for secrecy was to shield an obUgation or asset from the eyes of 64 Knox Papers, 78. 65 Id., xxx, 5. 66 Id., xU, 46; xxxiii, 21, 23. xeii Introduction: The Ohio Compcmy partners or rivals or creditors; Duer's assigned reason for failure was "indiscreet confldences," — in the face of the fact that intimates Uke FUnt could only by herculean efforts secure a letter from him on important routine business mat ters.*' XI The relationship of the Ohio Company to the Ordinances of 1785 and 1787 has been touched upon by many writers dealing with this period. Opinions have differed widely ; the writer whose authority and influence defles the time limit of copyright laws, B. A. Hinsdale, quotes and ap proves Poole's statement that "the purchase would not have been made without the Ordinance of 1787, and the Ordinance could not have been enacted except as an essential condition of the purchase."** Professor Hart says that "Ma nasseh Cutler . . . obtained, with only one dissenting vote, an ordinance."*^ Professor McLaughUn is inclined to be critical; he bases his point on the relative inattention to the matter paid by Dr. Cutler, judged by his diary entries, as elsewhere mentioned. Probably no amount of research or erudition will ever convince the world that the Ordinance of 1787 would have been passed when it was, and in the form that it 67 Knox Papers, xxxiii, 138. 68 Tfce Old Northwest, 267; North American Beview, exxii, 237. 69 Essentials in American History, 195. Introduction: The Ohio Compcmy xciii was, had it not been for the exigency of the Ohio Company and the diplomacy of its agent. Thus aU that that document stands for in American history, in a way gives a value to the records of the Company that hastened it into existence and the man who blue-pencUed its last draft. But with aU due credit to Cutler, Dane, and King, one must recognize the fact that it was a cumulative document, the epitome of many years of discussion and debate. Much time has been spent to prove this or that man advocated this or that tenet at the psychological moment; weU and good ; but it is somewhat to the point to know whether the same tenet had been advocated for the Ordinance of 1784 or the Ordinance of 1785 or elsewhere in private or quasi-pubUc corre spondence. If one were to make a chart showing the chronological advocacy, for instance, of the township system of surveys, or exclusion of slav ery, or land reservations for education, for re Ugion, for national domain, etc., etc., a more just perspective could be secured. In 1783 General Putnam in forwarding the Newburgh Petition advocated the township system of rectangular surveys for the West ; he advocated land reserva tions for support of the ministry, for schools, and for highways. But these had been topics of con versation before this among such men as Wash ington, Webster, Paine, Bland, Pickering, Haz ard, and Hutchins. The Ordinance of 1784 xeiv Introduction: The Ohio Compcmy would have made a land reservation for the min istry but for the peculiar wording of the motion before the house; had the motion been: "Shall the words be stricken out" it could have been made at that tune. That same Ordinance made reservations for education, whereas the Ordi nance of 1787 did not. Jefferson's effort to have slavery prohibited in the Northwest by the Or dinance of 1784 failed because of the illness of a single member who could have saved it. The Land Ordinance of 1785 included all these items except that prohibiting slavery. These facts in themselves are not of great im portance; but any careful catalogue of them throws into reUef the superflciality of those who imply inordinate perspicacity to various parties for advocating in a timely manner any particular tenet which cannot be said to have been, in any sense, originaire with them. The Ordinance of 1787, like all great docu ments and most inventions, was a summing up of the best of contemporary opinion. Dr. Hins dale first and most clearly called attention to the timeliness of the interjection of the Ohio Com pany scheme into the discussions over the Ordi nance and Dr. Cutler's great work in effectively arguing for it. The personnel of the Ohio Com pany was an argument par excellence in favor of creating the Territory North West of the River Ohio, The vital question in the trans-Allegheny portion of the country, as had been true in the Introduction : The Ohio Company xcv East, was imity and cohesion. Even the offer of the Governorship of the Territory to the Presi dent of the Continental Congress, General St. Clair, in this view, loses much of the sinister flavor some have tried to read into it. Any step that would secure loyalty ; any plan that seemed to promise cooperation based on past services; any safe-guards that had a tendency to "banish forever the idea of our western territory falUng under the dominion of any European power" — to quote Putnam's words of 1783 — were the su preme needs of the hour. The West under the Ordinance needed the leav en of the Ohio Company ; the men of the Company were too American to migrate without the Or dinance and its BiU of Rights. It is only a mind essentially unscientific that can flnd satisfaction in asserting that any series of historical events would have had the same result whatever alterna tive was elected by the actors. We remarked above that the men of the Ohio Company desired the Bill of Rights that was writ ten into the Ordinance of 1787. It is rather re markable how Uttle attention was paid to the re mainder of the Ordinance ; so far as the material problem of carrying out the land-purchasing and land-developing phases of the episode were con cerned, it was the Land Ordinance of 1785 that was cited and obeyed and not the Ordinance of 1787. There is but a single mention of the Or dinance of 1787 in the entire records of the Ohio xcvi Introduction: The Ohio Company Company from 1787 to 1796. It is not mentioned in the contract made between the Company and the United States, although the Land Ordinance is mentioned frequently. It was on the Land Ordinance that aU the operations of the Ohio Company with respect to lands were based; aU orders to officers and surveyors cite that law as giving the provisions under which they shall pro ceed. The contract with the Government calls for the reservation of lots for education, religion, and for Congress according to the provisions of the Land Ordinance of 1785. From that con tract, the reader would not know that an Ordi nance of 1787 existed, yet it was signed three months after the Ordinance was passed. And it is exactly this very series of interesting facts that proves the real greatness of the Ordi nance of 1787. In practical affairs, such as methods of surveying, reserving lands for educa tion and religion, the Land Ordinance stUl had right of way. The Ordinance of 1787 was writ ten on another plane; with its abolishment of slavery and its BiU of Rights it was the law of inspired idealists, of men thinking along higher levels, men like Cutler, Dane, and King. No leg islation of its age has received more praise at home or abroad. In editing its final draft Dr. Cutler represented the best that New England had to give of intelligence, high idealism, piety, and patriotism. Introduction: The Ohio Company xcvii XII If the expansion of the United States had been advanced only by the agency of speculations which were profltable to the stockholders, cen turies would have been needed to reach the pres ent stage. In an infinite number of cases where the treasurer's books showed faUure or indiffer ent success, ventures like the Ohio Company achieved moral and psychical successes of no Uttle importance. To attempt to sum up the influence of the Ohio Company in the Ohio Valley as a factor abetting the national government in the work of nationaUzing the nearer West it is neces sary to catalogue many seemingly petty and triv ial circumstances. But the normal growth of any section of country is coral-like in its process and these records of the Ohio Company should interest the sociologist as being possibly the most minute of any such records of trans- AUegheny America. The circular entitled "Information" issued by Putnam and Tupper, outUning a scheme of asso ciation, was widespread in its invitation. The Ohio Company invited to its membership not only officers and soldiers but "all other good citizens who wish to become adventurers." And the Articles of Agreement devoted a part of one year's interest on the capital stock to the worthy purpose of "assisting those who may be otherwise unable to remove themselves thither." It is xcviii Introduction: The Ohio Compcmy noteworthy that no subscriber could hold more than flve shares of stock ; the Ohio Company was not framed to be a close corporation ; absenteeism metamorphosed it to a large extent but such was not the intention of its originators. Moreover, those single shares of stock must be taken out in a single name ; these might be subscribed for by any number of individuals. No land company in America was ever formed with an eye more single to the welfare of the poorest investor ; no land company in our history surpassed — if any approximated — the Ohio Company in its manifold efforts to better the case of its "common people." All shares could be represented at the official meetings by proxies; aU lands were to be awarded by lot. For the ac commodation of the flrst emigrants houses were to be buUt at the expense of the Company. Be fore migration started the Company asked for proposals from subscribers for options to erect saw-mills and corn-mUls. The advance party of surveyors were made proprietors in the Company ; their tools were to be supplied, their baggage carried free, and their subsistence was to be provided by the Company ; upon their arrival, the workmen were to be pro visioned by the Company and paid four doUars wages per month in cash or lands. AU were to be Uable to mUitary service during the time of their employment. Plats of the surveys of the Introduction: The Ohio Company xeix new Settlement in quadruplicate were to be sent to an Agent in each one of the four states in which the bulk of the subscribers resided, Massachu setts, Rhode Island, New York, and Connecticut for the convenience of the share-holders. At the flrst meeting of the Directors at Marietta the Board of Police was appointed to keep order in the Settlement, and resolutions were passed that should make the settlement as compact as possible for the sake of greater safety. When the erection of dams for mUl sites was found to be detrimental to subscribers whose lands were over flowed an exchange of lands was provided for in order that justice should be done. The right to erect a blacksmith shop ; Uberal grants of land, for twenty years, for those who should erect grist- miUs ; the letting by contract of bridge building and ceUar digging ; compelUng house-builders to connect outer walls with stockades for mutual protection; Uberal grants for the erection of a windmiU and granary ; the ordering of surveys to be done by contract ; requiring the reports of sur veyors to be carefully kept and deposited safely (without reservation of any duplicates) for the use of the public; compelUng surveyors to take oath of office ; naming the city, and dedicating a pubUc square in honor of the Queen of France ; granting one square mile of land to the Seneca Chieftain Cornplanter because of his friendship for the United States and the Ohio Company; Introduction: The Ohio Company ordering the books of the Company to be open at all times for the examination of Directors or Agents and ordering that copies be made from them for any private individual who should apply for them at the current prothonotary fee; tem porary refusal for the erection of fences within the city limits ; ordering the caref til exploration of and report on the unknown, outlying lands with in the Company's Purchase; making liberal of fers in land for the clearing of lots and opening roads within the limits of the Purchase ; Uberal grants of land to parties who should estabUsh outlying stations within the Purchase ; extraordi nary appropriations for the building of fortifica tions, the housing of refugees, purchase of am munition and surgical instruments in time of war; appropriating land for Nova Scotia refu gees near Fort Harmar and for the misguided French emigrants at GaUipolis, and a great quan tity of resolutions which attempted to adjust, with wise discrimination, the infelicities inherent in any lot-drawing scheme for colonial settle ment — such are the detaUs that make up the min utes of the meetings of the Ohio Company ad ministrators. For the proper celebration of one Fourth of July the Ohio Company furnished the "County Militia" with a "half a pint of whiskey per man." The Company took steps to have stag nant waters within the settlement drained off by Introduction: The Ohio Company ci free lease of lands so drained. The Company paid one-half the expense of digging a well in Campus Martins. Persons leasing land at the foot of Harmar HUl were ordered by the Com pany not to obstruct the pubUc from quarrying stone or using the spring under the hill. A direc tor of the Company was at one time ordered to make inquiry concerning the sick or others in need of reUef and advance such sums as he deemed necessary in each case. The Company took great care in leasing the public Squares of the city of Marietta, always compelling the les sees to ornament and beautify the same ; in many cases the kind and number of trees to be planted are stipiUated in the lease. A beautiful city like Marietta is not created at haphazard. Mulberry, honey locust, ehn, evergreen, ash, weeping wil low, maple trees were ordered to be planted. The Company refused to lease the land occupied by the famous Sacra Via and ordered General Put nam "to attend particularly to its preservation in its present form & seed it to Grass." The Company donated ground for a brick yard for the encouragement of that important industry; similar aid was given to the first brewery, the first tannery, first pottery, and first wharf. The first sale of brick recorded in Marietta shows that 125 bricks sold for forty-one cents. The Ohio Company felt aU the liability of a modern employer, paying the expenses of a workman in- cii Introduction: The Ohio Compcmy jured by a faU from a blockhouse on which he was at work. Runners were sent at the expense of the Company to warn Surveyor Ludlow of St. Clair's defeat and the consequent danger of the Surveyors. One representative action of the Di rectors of the Company was taken December 8, 1790, and, but for the Indian outbreak, would doubtless have proven of great benefit to the Company and many poor pioneers : the pubUc se curities belonging to the Company were ordered to be loaned to the United States and a part of the proceeds were to be loaned at six per cent ' ' To the assisting such Worthy industrious Per sons as vnsh, but are unable to remove to this Country." The resemblance of this scheme to the present Federal Land Bank is noteworthy. Others to whom this money could be loaned were those who had expended all their capital in mi grating and those who were financiaUy embar rassed in conducting any business "of Public UtUity" as erecting miUs, iron works, salt works, or other manufactory. Shares in Company stock were taken as security. As an agent of good government, as a pioneer influence holding out its hand to the humble and the unfortunate, as the representative of the Government in time of horror and disaster, as an exponent of brotherhood, as the advocate of jus tice and righteousness and civic pride, the rela tionship of the Ohio Company of Associates to Introduction: The Ohio Company eiii the flrst men and women of Ohio was uniquely unselflsh and thoroughly American. No land Com pany in America can match its record as a pubUc servant in laying the foundation of an American State. If the Hudson Bay Company ever earned the affectionate title "The Old Lady," the same soubriquet belongs to the Ohio Company ; it was in truth the "Old Lady" of pioneer Ohio. XIII The capital stock of the Ohio Company, by the flrst Article of Agreement, was to be One MUUon Dollars in continental specie certificates and ten doUars in gold or silver, aU of which (less one year's interest) was to be devoted to the purchase of land. That interest was to be expended on making a settlement and aiding those unable "to remove themselves." The gold and sUver was to repay the outlay incurred by the officers of the Company in "purchasing the land" and to meet other contingent expenses. Holders of each twenty shares were to constitute a Grand Divi sion ; each Division was to appoint its own Agent, who acted as a sub-Treasurer and was aceounta- able both to the members of his Division and to the Treasurer of the Company. No individual, as stated elsewhere, could hold more than five shares nor less than one share of stock, though one share might be taken out in a single name and be paid for by several individuals. The Agents of the civ Introduction: The Ohio Company Company elected five Directors, a Treasurer, and a Secretary. The control of the business of the Company lay with the Directors who gave bond, jointly and severaUy, to each of the Agents for the proper expenditure of the funds. Votes could be taken in person or by proxy in propor tion to stock held or interests represented. These details were settled at the meeting of March 4, 1786. By March 8, 1787, two hundred and fifty shares were subscribed for, giving a capital of $250,000 in certificates and $2,500 in cash. At the meeting August 29, 1787, Dr. Cut ler made his report agreeing to sign a contract with the United States Government for as much land "as the Company's Funds wUl pay for, should the subscriptions amount to one mUlion Dollars . . . at One DoUar pr. Acre — from which price is to be deducted one third of a dol lar for bad lands, & defraying the expenses of surveying etc." Five Hundred Thousand Dollars was to be paid when the contract was closed and an equal sum when the government had surveyed the exterior lines of the tract. On September 1 the Directors ordered the contract closed and first payment made. This was done October 27th fol lowing. At a meeting in November sixteen agents were "permitted to complete Subscriptions to the Numbers respectively affixed to their Names." These numbers totaled one thousand shares, as foUows : Introduction: The Ohio Company cv Putnam, 70 ; Barlow, 140 ; CorUs, 110 ; Tupper, 40; Dodge, 20; KendaU, 20; White, 20; Sproat, 50; Crary, 90; May, 31; Freeman, 25; Sargent, 146 ; Downer, 18 ; Cutler, 167 ; Jackson, 13 ; Var- num, 40. It was now voted that no shares could be subscribed for after January 1, 1788. General Putnam's salary was fixed at forty dollars a month and expenses "from the time of his leaving home." The tendency to interpret their instructions cautiously is now shown by the Directors in an swering an application of several Agents for re imbursement for expenditures in "Attendance upon General Meetings" by suggesting that the proprietors of the Grand Divisions should make such reimbursement if they considered this prop er. Another illustration of the cautious fidelity of the Directors appears in their instructions to the Treasurer formally in writing that the five per cent charged by him on the balance of the in dents ( coupons ) due to the Agents ' ' does not form a part of the Company's funds." The interest due the proprietors on their certificates which had accumulated previous to their being turned in as stock (of which the "indents" were the "coupons") formed a sum out of which the pro prietors might pay the expenses of their Agents. It was reported at a meeting on March 5, 1788, that one thousand shares "were taken up by the Agents" and the drawing by lot for the eight- cvi Introduction: The Ohio Company acre lots was held on the day foUowing in the Rhode Island State House at Providence. At the meeting of March 7, 1788, the Ust of Agents was increased to seventeen ; several agen cies were merged and the name of Benjamin TaU- madge, later to play an important part in the Company, first appears ; as does the name of Ed ward Harris. At the first meeting on the Musk ingum (July 2, 1788) six hundred and sixty-nine shares were represented, and the name of Col. R. J. Meigs first appears as an Agent. It was then voted that no legislation by the Agents was vaUd unless five hundred shares were represented. It was ordered that all shares be paid to the Treas urer of the Company by June 1, 1789 ; and that aU shares not then paid should be forfeited to the Company. On May 16, 1789, General Putnam and Dr. Cutler were authorized to take steps to remedy the low condition of the Company's af fairs by enforcing a speedy payment of money due on shares; they were authorized to "dispose of such Shares to the best Advantage" which had not been paid for. About 850 shares had been subscribed for; 149 were about to be forfeited, and the arrears on others were considerable. It was now declared that the vote of any two Direc tors would be valid in any matter save when con trary to previous decisions of the directors, A report from Treasurer Platt made in October, 1789, showed there was then due from Agents Introduction: The Ohio Company cvii $292,032*790 in certificates, and $3,972'79o in Specie." The contract with the United States provided that one-seventh of the purchase price might be paid in Military Bounty claims ; deduct ing this amount ($142,85777) the balance due in paper to the Treasurer of the United States at this time was $149,175*790. Lists of delinquent subscribers were caUed for in order that the pending division of the lands might be made only among "the real Proprietors." A system of quarterly statements by the Treasurer was or dered by the Directors in November, 1789. General Putnam went East at this time, and, in conjunction with Dr. Cutler, attempted to close up accounts with delinquent subscribers and also with Treasurer Platt. Finding that the Secretary of the Treasury was proposing to seU the public lands at a much lower price. than that which the Ohio Company contracted for, these Directors at once became interested in securing a compromise with the government which would give them the advantage of this reduced price. The reports of the Agents showed that out of a total of 842 shares to be accounted for by the Agents, 148 shares had not been paid for. These, by the vote of May 16, 1789, were to be disposed of by General Putnam and Dr. Cutler as they considered best for the Company. The books of 70 In Pennsylvania currency a pound was seven shillings six pence or ninety pence, which explains the fractions used. cviii Introduction: The Ohio Compcmy the Treasurer showed a total credit in public se curities of $718,764'79o and Army Warrants (87,400 acres) of $87,400; making a total of $806,164*790. Based on a capitaUzation of $842,- 000, the deficit of Agents was $35,835=790. Of this deficit, $14,438*790 was due from Parsons 's Agen cy; $9,956^790 from Crary 's; $7,308V9o from Cut ler's and Dodge's, and the remainder scattering. The necessity that at this moment confronted the owners of the Scioto Option of providing lands for the French emigrants led to the offer of Duer and associates to purchase from Putnam and Cutler 148 forfeited shares now in their hands. The tract bargained for was 196,544 acres bordering the Ohio River below the mouth of the Great Kanawha and 148 house lots, 148 eight- acre lots, 148 three-acre lots, 148 one-hundred- and-sixty acre lots drawn against the names of the persons who had forfeited. The price offered was $10,368.00 together with a payment per acre equal to the amount the Ohio Company should eventually have to pay the United States. Of this amount $1,488.00 was to be in cash, one-half in sixty days and the remainder in ninety; the balance, $8,880.00, was to be paid in "Indents of Interest" in six months, for which notes were given. Normally these 148 shares would have brought into the treasury $16,280, at a cost ex ceeding (25,308 acres at .667s per acre) that amount ; the deal with Duer promised to net the Introduction: The Ohio Company cix Company $10,368.00 over and above the ultimate cost of the tract. The negotiation was objected to by the "insurgent" faction in the Ohio Com pany on the ground of usurpation of power — not on the ground of its being detrimental to the Company. It is beside the question to object that Duer and friends were not solvent. Putnam and Cutler would not have dealt with parties known to be insolvent. The Duer failure was not pre cipitated untU the following year. In one important act (April 23d) Putnam and Cutler felt that they had exceeded their instruc tions; they then empowered Colonel Platt "to Dispose of so many of the Public Securities now in his hands ... as will amount to the In terest on all the Securities which he has ren"* of the last moiety of the Company's funds . . . by negotiating the Same for specie and appro priating the proceeds to the use of the Company in Discharge of Orders which have or may be drawn upon him by the Directors. ' ' The sinking of the Company's credit (due to forfeitiag of shares) and the need of cash for current expenses were the reasons given for this action; all of which was later duly approved by the directors. On June 28, 1790, there was in the Treasurer's hands a balance of $12,166.2972. Evidently as a result of criticism of his actions jointly with Dr. Cutler in New York, General Putnam, on above date, offers a resolution to the effect that any ex Introduction: The Ohio Compcmy director or directors speciflcally at faiUt for any misdirection of funds shall solely be held liable for the same. The Directors refused to pass the motion on the ground that such action contra vened the Tenth Article of the Association. How ever, they satisfled General Putnam's point by agreeing that if it ever appeared that funds had been misappUed, discrimination should be made between the Directors concurring and those who did not. It was at this time pointed out that one great handicap under which the Company had worked had been the separation of the Treas urer of the Company (in New York) from the seat of the Colony. The office of sub-treasurer or Cashier was now created, to be fllled by a person residing in the Colony; Col. J. R. Meigs was elected to flll this office June 29, 1790. One feature of this office, a land-bank system, elsewhere mentioned, was unique. The sum of Two Thousand Dollars was transferred from New York to Marietta to be loaned to individuals needing the same. The separation of the Colony from many share-holders resulted in aU the usual difficulties of absenteeism. It is plain that these evils were not anticipated as proven by the crea tion of the "Grand Divisions." It was expected that fifty Agents would represent the 1,000 shares. As it worked out, four or five Agents usually rep resented ninety per cent of the stock. Those who did not emigrate were the first to repudiate their Introduction: The Ohio Company cxi obUgations when the weather thickened. Those on the property and vitaUy concerned with the practical matters of making the settlement, met the unforeseen difficulties of the problem and were zealous that the Company first of all keep faith with those who were risking Ufe and limb as weU as purse in the venture. Those not on the property measured everything by the interest to accrue or final profit to be made, and they had the very human objection of expending any money on a plant that soon gave sign of producing but Uttle or no revenue. The Rhode Island Contin gent, represented by Vamum, Crary, and Cor- Uss, formed an "insurgent" element that was disturbing at various times ; the falling of Put nam and Cutler into the "snare" of Duer and his speculation group gave this element ground for trouble-making which the circumstances never warranted. It is an earmark of the "hard loser," in any venture, to impute the motives and honesty of the promoters. With the Ohio Com pany preeminently, as was true with most land speculations in our history, the men who migrat ed, who endured the suffering and privations, who gave themselves to the speculation, profited ; those who only risked money and lay smug at home profited little if at aU. On December 8, 1790, the Agents ordered the Directors of the Company to lend all the Public Securities in his hands to the United States "on cxii Introduction: The Ohio Company the pending System." The order proves how Uttle was the Indian outbreak foreseen at that late date. Writers have gUbly minimized the in fluence of that untoward event on the fortunes of the Ohio Company because only one serious raid occurred within the limits of its Purchase; had this "hindsight" of events been given miracu lously to the men of Ohio at that date the course of events might have been greatly altered. The bloody war-club left beside the fourteen mur dered pioneers at Big Bottom gave no particular assurance that a similar attack might not be ex pected at any point at any hour. If, twenty-one years later, a single hunter's gun flred at a squir rel on the Ohio Frontier of 1812 frightened three hundred people to rush into Canton, Ohio, to spend the night, it would seem excusable that the Ohio Company pioneers should have felt genuine terror after the Big Bottom holocaust of Janu ary, 1791. The flnancial effect of the four years' war on the promotion side of the Company's business was ruinous. Other phases of Ohio Company flnanceering in this period are remarkable. With a treasury almost unable to pay running expenses in peaceful times the Company was suddenly called upon to raise, equip, pay, and sustain miU tia, build houses for refugees, erect fortifications, and provide arms and ammunition. The pay and rations of commissioned officers was made equal Introduction: The Ohio Company cxiii to that of officers of the regiUar army. Surgical instruments were purchased by the Company and held at the Secretary's office for the use of any surgeon in the Colony. These expenses were in curred in the belief "that upon a proper repre sentation of the present Situation of these settle ment the Government wiU reimburse the neces sary expense we Shall be at in Defending our selves." The three years, 1790-91-92, cost the Company $14,708.92, of which the Government repaid only $3,358.02 ; making the cash loss to the Company of $11,350.90." But the loss through interruption of migration and lack of sales was too great to be estimated with any accuracy. At a meeting of the Agents and Proprietors January 2, 1792, the directors were ordered to re cover moneys due on notes given by the Scioto group on account of the failure of the Contract made with them, to secure a reduction in the price of lands named in the contract with the Govern ment, and obtain a deed for the lands of the Com pany. On March 28th Robert Oliver and Ben jamin Tallmadge were ordered to New York to secure the funds of the Company from Treasurer Platt, who succumbed with Duer in the series of failures of 1792, and deliver them to the Directors at PhUadelphia ; they were empowered to trans act any business properly within the powers of Directors. Duer 's failure cost the Ohio Company 71 E. Buell, Memoirs of Bufus Putnam, 117. cxiv Introduction: The Ohio Company the amount of its recent contract with him; he also owed General Putnam $2,861.42. Colonel Piatt's failure cost the Company $80,000. At a meeting of the Agents in Philadelphia April 11, 1792, a number of new names appear on the list including Caleb Strong and Elbridge Gerry (ninety-eight shares jointly), Benjamin Bourne and Dr. OUphant (two hundred shares jointly), and Robert Underwood. The effort to close the bargain with the United States by means of a compromise settlement in order to receive a deed led to the following resolutions passed by the House of Representatives : Monday March 26 1792 The House resolved itself into a Committee of the Whole House on the report of the comm'* to whom was referred the petition of the Direc tors of the Ohio Co. of Associates; and, after some time spent therein, the Chairman report ed that the Comm'' had had the said report un der consideration and come to several resolu tions thereupon; which were severally twice read, and agreed to by the House, as follows : Resolved, That the title ought to be made to the Ohio Co. for as much of the lands in their contracts as they have actually paid for. Resolved, That, in addition to the above quan tity of land, there be also granted to the said Ohio Co. 214,285 acres, being the proportion they were, by a resolve of Congress, authorized to pay in army rights, upon their delivering to the Secy, of the Treasury army rights sufficient Introduction: The Ohio Company cxv for the purpose ; and that there be also granted to the said co., in addition to the before-men tioned tracts, 100,000 acres, to make good 1000 lots of 100 acres each, appropriated by the said CO. as bounties to such as might become settlers within the said purchase, upon condition, never theless, that the said co. shall make good such bounties, as well to future settlers as to those already settled. Resolved, That a title be made to the said co. for the remainder of the 1,500,000 acres con tracted for, upon their paying into the Treasury of the United States a sum not exceeding cents per acre for the same, with interest from the passing an act for that purpose. Ordered, That abUl or bills be brought in pur suant to the said resolutions; and thatMr. Sedg wick, Mr. Findley, Mr. Benson, Mr. Learned and Mr. Baldwin so prepare and bring in the same.'^ As a resiUt of these resolutions the following act was passed : An Act authorizing the grant and conveyance of certain lands to the Ohio Company of Asso ciates. Be it enacted, Sc, That a certain contract ex pressed in an indenture executed on the twenty- seventh day of October, in the year one thou sand seven hundred and eighty-seven, between the then Board of Treasury for the United States of America, of the one part, and Manas seh Cutler and Winthrop Sargent, as agents for the Directors of the Ohio Company of Associ- T2 Annals of Congress, iii, (March 26, 1792). cxvi Introduction: The Ohio Company ates, of the other part, so far as the same re spects the following described tract of land, that is to say : Beginning at a station where the western boun dary line of the seventh range of townships (laid out by the authority of the United States in Congress assembled) intersects the river Ohio ; thence extending along that river south westerly to a place where the western boundary line of the fifteenth range of townships (when laid out agreeably to the land ordinance passed the twentieth day of May, one thousand seven hundred and eighty-five) would touch the said river; thence running northerly on the said western bounds of the said fifteenth range of townships, till a line drawn due east to the west- em boundary Hne of the said seventh range of townships will comprehend, with the other fines of this tract, seven hundred and fifty thousand acres of land, besides the several lots and par cels of land in the said contract reserved or ap propriated to particular purposes; thence run ning east to the western boundary line of the said seventh range of townships; and thence along the said line to the place of beginning, be, and the same is hereby, confirmed; and that the President of the United States be, and he here by is, authorized and empowered to issue letters patent in the name and under the seal of the United States, thereby granting and conveying to Rufus Putnam, Manasseh Cutler, Robert Ol iver, and Grriffin Green, and to their heirs and assigns, in fee simple, the said described tract of land, with the reservations in the said inden ture expressed, in trust for the persons com- Introduction: The Ohio Company cxvii posing the said Ohio Company of Associates, according to their several rights and interests, and for their heirs and assigns, as tenants in common. Sec. 2. And be it further enacted, That the President be, and he hereby is, further authoriz ed and empowered, by letters patent as afore said, to grant and convey to the said Rufus Putnam, Manasseh Cutler, Robert Oliver, and Griffin Green, and to their heirs and assigns, in trust, for the uses above expressed, one other tract of two hundred and fourteen thousand two hundred and eighty-five acres of land: Pro vided, That the said Rufus Putnam, Mannas seh Cutler, Robert Oliver and Griffin Green, or either of them, shall defiver to the Secretary of the Treasury, within six months, warrants which issued for Army bounty rights sufficient for that purpose, according to the provisions of a resolve of Congress of the twenty-third day of July, one thousand seven hundred and eigh ty-seven. Sec, 3, And be it further enacted. That the President be, and he hereby is, further author ized and empowered, by letters patent as afore said, to grant and convey to the said Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, and to their heirs and assigns, in fee simple, in trust for the uses above expressed, a further quantity of one hundred thousand acres of land: Provided, always, nevertheless. That the said grant of one hundred thousand acres shall be made on the express condition of becoming void for such part thereof as the said Company shall not have, within five years from cxviii Introduction: The Ohio Compcmy the passing of this act, conveyed in fee simple, as a bounty, and free of expense, in tracts of one hundred acres, to each male person not less than eighteen years of age, being an actual set tler at the tune of such conveyance. Sec. 4. And be it further enacted, That the said quantities of two hundred and fourteen thousand two hundred and eighty-five axjres, anw of one hundred thousand acres, shall be located within the limits of the tract of one mil lion five hundred thousand acres of land, de scribed in the indenture aforesaid, and adjoin ing to the tract of land described in the first sec tion of this act, and in such form as the Presi dent, in the letters patent, shall prescribe for that purpose. Approved April 21, 1792." The detaUs of dividing the lands of the Com pany among the proprietors (treated elsewhere) and reducing the Other property to cash consume the minutes during the years 1792-1797. In the last years Benjamin TaUmadge acted as Treasur er of the Company. There appears to be no defin ite statement in the minutes as to the final distri bution of lands and funds in a way to make it pos sible to estimate the actual profit to proprietors from their investment. At the time the compro mise agreement with the Government was signed Eighty Thousand Dollars in the hands of the treasurer was declared a dividend; this amount 73 Debates and Proceedings in the Congress of the United States, etc., (Second Congress), Appendix, Cols. 1363, 1364. Introduction: The Ohio Company cxix was divided proportionately among the share holders of the Company. A reading of the minutes must lead any candid person to feel that the financial record of the Ohio Company was exceptional. It is very true that its leaders were not fitted — except for the none-too-common quality of plain, homespun honesty — for the financial and political respon sibilities necessary for handling so big a project. It can be objected that they should have foreseen some of the difficulties which proved a handicap, such as speculating, absentee "proprietors," the probable faUure of many subscribers to make payments promised, and the serious objection of having the Colony and its Treasury so widely sep arated. The insurmountable handicaps to great success, the relatively poor tract of land taken up and the Indian War, were serious enough to have rendered large success impossible had no errors save those of divination been made. The Company had no real choice of lands. That its formation did materially hasten the Indian War is altogether probable, though its officers did all in their power to bring to successful issue the Treaty of Fort Harmar. The last chapter in the financial history of the Company is treated in connection with the handling of its land problems. cxx Introduction: The Ohio Compcmy xrv The system adopted by the Ohio Company for handUng its lands was simple and just; there , were originaUy to be six divisions: city lots, eight-acre lots, 116-acre lots, 320-acre lots, dona- ton lots, and 960-acre lots ; all but the donation tracts were Uterally and technicaUy "Divisions" — tobeaUotted to subscribers according to shares held up to the limit, five. In the working out of the system a vast quantity of difficulties were en countered due partly to natural inequaUties of the land, partly to the demoralizing interruption of border war, and partly (as the result of war and lack of immigration) to the faUure of sub scribers to make payments and the consequent lack of funds. In 1796 the six divisions consist- » ed of eight-acre, three-acre, 160-acre, 100-acre, 902-acre, and city lots. The whole story, given in detaU in the foUowing pages and only to be roughly sketched here, forms, however, a very pretty Ulustration of Yankee pluck and honesty working out, amid a host of difficulties, an ap proximately correct answer to a problem that often assumed the proportions of a riddle. The fund to be raised by the Company was to be devoted to the purchase of land. This pur chase having been made by Dr. Cutler, the first act of the Company was to designate a tract of 4,000 acres at the junction of the Ohio and the Muskingum for a "city & commons." Adjoin- Introduction: The Ohio Company exxi ing the city was laid out a tract of 1,000 lots of eight acres each; on the Ohio 1,000 lots of 116 acres each; in townships on navigable rivers 1,000 lots of 320 acres ; in inland towns 1,000 lots of 992 acres. The city lots were to be 90 by 180 ; eight were reserved for pubUc use. Lot No. 16 in • each township was reserved for schools; lots 8, 11, and 26 for Congress; lot 29 for "purposes of religion" ; two townships for a University. With considerable formaUty the eight-acre lots were drawn for at Providence, March 6, 1787. Action was taken early by the Directors requesting that the Company be allowed to purchase from the Government the portions of any "reserves" that fell within the city limits. The wisdom of the Company in this matter has been illustrated in the medley of difficulties that has followed the ignoring of their foresight. Several pubUc buUdings in Marietta stand on land for which no title exists but the quit claim deed of the State of Ohio. Various compromises had to be made with the plan of surveys in order to effect the all-impor tant matter of making the settlements compact and defensible. This was usually done by appro priating land set apart for commons. The com mons annexed to the city of Marietta were laid out into 1,005 three-acre lots, five of which were reserved for pubUc use. Difficulty was found in making proprietors clear the three-acre and city cxxii Introduction: The Ohio Company lots, which the safety of the settlement demand ed. Others who cleared, fenced, and improved such lots could obtain a Ucense to hold them free of rent untU adequately rewarded for labor ex pended. Certain common lands were aUowed to be cultivated as gardens for the term of ten years, on condition that they be fenced "with good post and rails," and that within three years two rows of trees be set out in each garden. Com mon lands were appropriated temporarily for the use of both Generals St. Clair and Harmar. Lands near Fort Harmar were set apart for the use of the United States as long as troops re mained at that post. The important squares in the City were named and one (Mound Cemetery) presented to Queen Marie Antoinette, for whom the city was named Marietta. It is impossible to determine how rapidly the Company proceeded with the survey of the out lying lands within its purchase. Within two months of his inauguration Governor St. Clair recommended that the surveys be temporarUy suspended on account of Indian hostilities. But on October 24th (1788) the Directors ordered that the north line of the Fourth Range be surveyed for eighteen mUes and a line run from that point South to the Ohio River. The exterior limits of the survey were soon ordered to be extended to the Fifth township in Range Eleven. Near the close of this first year of settlement a Introduction: The Ohio Company cxxiii very important innovation was determined upon with respect to the lands of the Company by the creation of Donation tracts, which were not com- ' prehended in the original plan. This plan was adopted "to encourage Settlements in different parts of the Purchase in order to protect the in habitants on the lands to be allotted to the pro prietors." The Donation tracts were to be "not exceeding one hundred Acres out of each share in the Funds." These tracts were to be chosen by the Agents where they would be "most conducive to advance the general Interests of the Proprie tors." Committees for the purpose made ex plorations in various directions and suggested that the first Donation tracts be allotted on Duck Creek, and at the mouth of Wolf Creek on both sides of the Muskingum (Waterford and Bev erly). At a later day the region west of the Muskingum was explored. Some of the reports wiU be found to be very optimistic with "Lime Stone and Pit Coal as Plenty in the Company's Purchase as Silver was in the days of Solomon." In general the reports were accurate and reliable, as, for instance, the adverse report against lay ing out a town opposite the mouth of the Great Kanawha on account of the character of the land. The conditions for granting the Donation tracts are in some particulars not unlike the grants of "corn" and "cabin" rights in old Virginia but with notable additions : within five years a dwell- cxxiv Introduction: The Ohio Compcmy ing house twenty-four by eighteen, with a ceUar ten by six and one-half and a chimney of brick or stone, was required to be built. Within three years fifty apple or pear trees and twenty peach trees had to be set out. Within five years fifteen acres for meadow and five acres for corn or other grain had to be cleared and planted. Each set tler was to provide himself with arms and am munition, obey the mUitia law of the county, and erect proper defenses. Expense of survey must be paid by the grantee. Proprietors had the first right to preempt the 200 Donation lots now cre ated ; if not Uving in person on the lot a proprie tor could hold the same by keeping a "WarUke Christian Man" on the tract for five years and make the improvements called for. After a given date the tracts not taken by proprietors could be taken up by non-proprietors or "under takers," thus creating a new type of settler with in the Ohio Company Purchase. To provide the necessary security, donation tracts could be set tled only by groups of settlers, twenty being the minimum. To guard against the evUs of absen teeism, the Donation lands were divided into ten shares and the Proprietors into ten classes; in forming the classes, however, residents and non residents were intermingled. The division was made by drawing lot. In all cases sixteen and two-thirds acres out of every hundred were to be donated for highways if demanded. Introduction: The Ohio Company exxv Land grants to encourage the buUding of grist- and saw-miUs on the Purchase were common. For instance MUe Square No. 13 and one-half of the adjacent Mile Square No. 14 in Third Township, Range Eight, were granted on condition that such miUs be kept in good repair for five years, that the grantees place five inhabitants on the land who shall f ulfiU Donation Tract conditions above outUned. If Proprietors, these grantees were considered as settling five Donation Rights ; they were to buUd places of defense and keep eight "effective men equipped as the law directs." By November, 1789, the Directors were antici pating a plan for an "Ultimate Grand Division" of the lands of the Company — a cherished con summation long in being fulfilled. The develop ment of the Donation Tract plan, and the long de lay in getting a deed from the Government, mUi- tated against an early settlement of affairs ; and, of course, the Indian War of 1791 postponed it indefinitely. At this time (as sopn as the explor ing committees had located enough Donation Tracts to satisfy all Proprietors) the plan was formed that a map of the whole Purchase should be prepared showing aU the various classes of lots, the reserves and the town sites not to be al lotted at this time. The Purchase was to be di vided into forty equal Grand Divisions of twenty- five Shares each "as like in Quality as may be"; each Grand Division was divided into five sub- cxxvi Introduction: The Ohio Compcmy divisions of five shares each and each of these, in turn, into five sections of single shares. Agents should then classify such of their subscribers who had not classed themselves "by Sections or single Shares, into Subdivisions of five, & Grand Divi sions of twenty five" and proceed to draw lots for the lands by Grand Divisions, Subdivisions, and Sections. This plan was ordered published in the newspapers of New York and the New England States so that subscribers might have opportun ity to class themselves — combine with acquaint ances and friends — and inform their respective Agents or the Secretary of the Company of their choice before March 1, 1790, when it was pro posed to make the drawing. It was then again postponed, and the sale of the 148 shares by Cut ler and Putnam to the Duer group of speculators necessitated a reconsideration of all plans con cerning Donation Tracts and Ultimate Divisions. The reorganization of the methods of granting land was agreed to by the Agents and Proprietors June 30, 1790, in a resolution of nine articles of twenty sections. Unforfeited lands in the Eighth, Ninth, and Tenth Ranges taken out by Proprie tors on the Donation system should not be held as donation lands but should form "a Division"; the owners of forfeited lots in that region were given nine months to procure a title "from any Proprietor in the Company who shall not have received his quota of this Division elsewhere"; Introduction: The Ohio Company cxxvii the forfeited lots reverted to the Company. A tract of 57,622 acres set apart the preceding March as Donation land was found to be, in part, within the tract sold to Duer ; the former action was repealed, and a new "Division" was created on the Ohio to include land as far as Township Four of Range Fourteen to be "Divided to Pro prietors," excepting portions that might be put in the Donation division. The new arrangement involved the opening up of the Hockhocking River Valley where the remaining "Division" lands due the Proprietors on their shares was to be created. The University townships and sites for a viUage or viUages were to be chosen by the surveyors. It was made allowable for Proprie tors to associate themselves to settle this Division in compact form as though occupying a Donation Tract as a "Security against the Common En emy" ; in so doing they were called upon to fulfill aU the Donation tract duties. As a protection against absenteeism it was ordered that no one could go in the name of a proprietor without showing legal power to do so. Those failing for twenty days to perform the military duties re quired, on testimony of a "Major part of his Col leagues," forfeited his land. Mention has been made of the importance laid by the Company on preserving the natural re sources of the Purchase. This is excellently il lustrated in the case of the new Division on the cxxviu Introduction: The Ohio Compcmy Hockhocking wherein "any MiU seats or Beds of Iron Ore, within the Mile Square" were reserved, the land thereabouts to be disposed of only on ' ' Donation principles. ' ' The reorganization plan outUned a new or sixth "Division" — the 960- acre Division — which was to be divided into twenty-one "Grand Divisions" of forty shares each ; proprietors who had paid in f uU their orig inal assessment of hard money and certificates were permitted to class themselves "by 40 Shares in each Class" for the purpose of drawing one "Grand Division." No non-resident was per mitted to classify in this division. The members of each were compeUed to give bond to "Save the Directors harmless" in case any share was proven to be deficient ; but lands held by any such share became the common property of the class making good the deficiency. To keep true the democratic principles established with the creation of the general Donation system, 640 acres in each town ship of this sixth division were to be appropri ated as donation lands. All salt springs were re served for the Company. Strict regulations were made in the reorganized plan to prevent "under takers" from taking out Donation tracts purely for speculation. Those not having begun actual settlement in the time allowed were declared to have forfeited the land unless, in twenty days, a new appUcation was made on the promise to be gin settlement. Introduction: The Ohio Company oxxix One or two entries in the records show an attempt to estabUsh practicaUy the old Vir ginia "head-rights system," as, for instance, the authorization of a contract with Samuel Simans for a tract not to exceed ten thousand acres on which he should seat pioneers on donation tract principles ; the amount and the nature of his pay ment is not stated in the minutes. The breaking out of the Indian War in Janu ary, 1791, upset to a large degree the land poUcy of the Company. Its attempt to make those who had taken free lands (Donation tracts) on condi tion that they serve as a wall of defense, was put now to the bitterest test ; in general, permission was granted to abandon the outermost settle ments; after the war permission to return was granted, provided such grantee had remained within the Purchase and contributed to its de fense. Strong posts of refuge were created and manned; the cowards were quickly marked and faUure to abide by the generous yet strict in structions of the Company resulted in the loss of title to lands. Everything that sympathy and loyalty could do was done by the Company for pioneers "driven in" by the enemy ; financial aid was tendered; lands near fortified stations were granted rent free ; buUdings were erected, where necessary, for occupation by refugees. "Un dertakers" who had not yet received Donation grants were promised such as the reward of as- cxxx Introduction: The Ohio Company sisting in the defense of the Purchase through the war. A plan to undertake the completion of the Company's agreement to survey the Purchase, made in December, 1790, was frustrated by the outbreak. Upon the passage of the Act of Congress of April 21, 1792, by which an additional 314,285 acres came to the Ohio Company, a new era dawned in its history. The day of great, dreams and projects had passed ; the day of legal posses sion and certain knowledge of the extent of its possessions (in acreage) had arrived. It was possible now to work toward the goal — the "Ul- tinate Division." As the Government refused to permit the Company to purchase the original tract at a reduced figure the latter immediately and formally decided not to plan any further purchase. It is worthy of note that the Govern ment never did receive for that portion of the Ohio Company Purchase forfeited by the Com pany the price demanded of that Company.''* Of the above grant 214,285 acres were to be paid for in army warrants and to be handled by the Com- pand as its own ; 100,000 were to be granted within five years "free of expense, in tracts of one hun dred acres, to each male person not less than eighteen years of age, being an actual settler at the time." The Company therefore received 7* Other lands in Ohio were sold at more advantageous terms than those given the Ohio Company, running as low as 20 cents an acre. Introduction: The Ohio Company cxxxi eventuaUy 1,064,000 acres, only 436,000 less than its original purchase of one and a half miUions. The curtailment of the purchase made it at once necessary for numerous substitutions to be made, lands within the actual Purchase being substi tuted for those which had been drawn and now lay outside the constricted boundary line. Nine aUotments were immediately made by the Direc tors on the Muskingum and Wolf Creek, em bracing 17,000 acres, for occupation according to the terms required by Congress, known as Wise man's Bottom, Limestone HUl (Rainbow), Bear Creek, Cat's Creek, Big Run, Waterford, West Branch of Wolf Creek, South Branch of Wolf Creek, North West of Wolf Creek MUls. In aU the later drawings for lots the bona fide number of shares held by the Proprietors of the Company was reckoned as 817. Deficiencies in the number of eight-acre, three-acre, 160-acre, and house-lots were made up in other portions of the Purchase. The property of the Company, as tools, houses, furniture, etc., were sold to highest bidders for the same. A blockhouse, for in stance, was sold to Washington County for a Court House ; price $35. The blockhouses of the Campus Martins brought the Company $431 as foUows : South West blockhouse to Ichabod Nye, $150 ; North West blockhouse to Charles Greene, $128; North East blockhouse to Col. WiUiam Stacy, $83; South East blockhouse to General cxxxii Introduction: The Ohio Compamy Rufus Putnam, $70. At the end of the year 1795 the forfeitures and deficiencies in the various classes of lots was as follows : CLASS OF LOTS DISTRIBUTED FOBFEITED INCOMPLETE Eight Acre 509 107 201 Three Acre 761 56 City Lots 377 69 not 371 distributed 160 Acre 409 78 330 Fractional 8 Acre 51 171,682 Acres Fractional City Lots 21 2,288 Acres Fractional 160 Acre 19 1,206 Acres Various methods to supply deficiencies were adopted, the land being taken in the unoccupied or forfeited regions within the purchase general ly from "East to West." The additions were usually given the number of the lots of which they were the complement. December 17, 1795, it was determined that in future drawings for eight acre, 160 acre, or Do nation lots, the shares should be thrown into classes of twenty; these being subdivided into four parts the drawings should be made ; if more than one person owned one of the "subclasses of five," the person owning the most should take the highest numbers. In case of equal ownership the owners could make any division of the shares they pleased, giving formal notice of the same to the Agents. Drawings to complete the City lots Introduction: The Ohio Company oxxxiii and three-acre lots were made December 31, 1795 ; that to complete the 160-acre lots January 1, 1796; that to complete the Donation or "Fifth division lots," January 6th. In the latter draw ing it was made possible for Agents to draw lands in a body or otherwise, as they chose; but they were required to make "their election before the drawing commence." The last drawing to com plete the division of Company lands was pre pared on the basis of every twenty-two Proprie- etors drawing a complete township, less the five reserved lots. Township Four, Range Fifteen (which had been laid out) to serve as a model. The classes of twenty-two were divided into sub classes of two for the accommodation of those who had more than one share. It was decided that "where two Proprietors compose a Class the first name on the Ust shall uniformly take the lowest number, whether it respect MUe Lots, Township or Range." This drawing was made January 18 and 19. This completed the land ed operation of the Ohio Company, except for minor resolutions concerning forfeited lots which should be scheduled and sold at auction by the Directors, and appUcations to Congress to be allowed to preempt the remainder of the original purchase, which came to naught. Among the last acts of the Ohio Company was the appointment of a committee to lease the pubUc squares and preserve the "great Mound . . . cxxxiv Introduction : The Ohio Company so majestic a Monument of Antiquity" — untU a Corporation, or some Board of Trustees "shaU be duly appointed over the Affairs of this Town or Place." The amount to accrue from leases was "forever appropriated" to the education of indigent, orphans. Specific instructions were given the Superin tendent to complete the survey of the Unes of the Purchase according to the agreement made in 1787 with the Government. In 1815 General Putnam advertised the "final" dividend of the Ohio Company of $3.75 per share to original shareholders but a final settlement in fuU seemed impossible of achievement. A long and sometimes querulous correspondence was conducted between General Putnam, Superinten dent, and Benjamin TaUmadge, Treasurer, from 1796 to 1815. One of these letters brings out an extraordinary fact: Mr. Tallmadge demanded a fee for services of $3,268.00; General Putnam, denying the propriety of the claim, states that the sum comes to within One Hundred DoUars of equalling the total amount he had ever received for a quarter of a century of devoted service as Superintendent, Director, surveyor, and gen eral manager.^° In May, 1831, Nahum Ward, who had bought up 152 shares of the Company, and was special attorney representing sixty-five more, issued a 75 The Dawes "Manasseh Cutler Collection," General Collection, 132. Introduction: The Ohio Company cxxxv caU at Marietta for a meeting of the "Propri etors" at the Exchange Coffee House, Boston, on the 3d of the ensuing July. The meeting was held July 5, Temple Cutler of Lynn being chair man and John Skinner, secretary. A majority of shares not being represented the meeting was adjourned. The assets of the Com pany at the time consisted of $17,200 Loan Office Certificates issued by order of Congress Decem ber 23, 1777, bearing interest at six per cent, and 6,400 acres belonging to the shareholders in com mon. A meeting was held at Marietta November 10, 1831, Temple Cutler acting as chairman and Wm. A. Whittlesey as secretary. The foUowing ares were representea : Hon. Levi Barber 8 Col. Joseph Barker . 9 Nahum Ward . 230 Ephraim Cutler . 18 Temple Cutler . 44 Wm. Skinner 10 WiUiam A. Whittlesey 1 320 Temple Cutler, Nahum Ward, and Joseph Bar ker were appointed a committee to make a report on the "unsettled affairs of the 'Ohio Com pany."' A majority of shares not being represented, adjournment was taken to the foUowing Wednes day. On November 15, 1831, Temple Cutler, L. cxxxvi Introduction: The Ohio Company Barber, Ephraim Cutler, Nahum Ward, and Jo seph Barker made a lengthy report reviewing the affairs of the Company since 1796. This re port states that the value of the Loan Office Cer tiflcates was $17,415 and impUes confldence in their validity. It is also stated that about 13,000 acres of land remains undivided to the share holders. The shareholders are urged to be pres ent at a meeting called at Marietta on the flrst Wednesday in May, 1832. Utmost credit is given Nahum Ward for his "indefatigable exertions and unwearied attention" to the task of bringing the Company's affairs to a close. Mr. Ward eventuaUy bought up the claim on the Govern ment of the Loan Office Certificates and insti tuted a suit for recovery ; the suit, continued by his son, received an adverse decision from the Supreme Court in 1870.'* XIV As early as 1783 General Putnam advocated in his letter to Washington reservations of land in the proposed territory for education and reUgion. The terms of the Ohio Company contract with the Government called for a lot of 640 acres in each township to be reserved for each of these purposes. Two townships in the center of the Purchase were set apart for a University. At one of the early meetings of the Company 76 Wallace Beports, x, 593. Introduction: The Ohio Company cxxxvii (March 7, 1787) a committee was appointed to provide a suitable person as a teacher who should promote reUgious and educational training. A pubUc subscription was caUed for to cover the expense involved and the Rev. Daniel Story was engaged. Throughout the early period, however, the Company largely bore the expenses of such teachers and clergy as served the frontier settle ments until the close of the Indian War. The founding of Muskingum Academy, the flrst clas sical school in the Territory, the establishment of Ohio University and the various schools of ad vanced character in Marietta which developed into Marietta College forms an interesting chap ter of Ohio's history and wiU, it is planned, be dealt with at length in a separate volume of these Collections. A. B. H. (The records of the Ohio Company were kept by the various secretaries in large, sheep-bound volumes. They remained in the possession of the Putnam, family and were presented to Marietta College hy General Putnam's son, William B. Futrujm,, Esq.) THE RECORDS OF THE ORIGINAL PROCEEDINGS OF THE OHIO COMPANY On the twenty-fifth day of January One thous- Origin of and seven hundred and eighty-six, appeared in the company Public Prints^ a Piece styled Information with the Signature of the Generals Putnam'' & Tupper* of the late American Army and in Substance as follows Verbatim. — viz, — INFORMATION,— The Subscribers take this method to inform all information. Officers and Soldiers who have served in the late War, aud who are by an Ordinance of the Honour able Congress to receive certain tracts of land in 1 The document may be found in the MassachMsetts Centvnel, (Boston) Jan. 25, 1786, the Independent Chronicle, (Boston) Feb. 2, 1786, and Massachusetts Spy, (Worcester) Jan. 19, 1786. 2Eufus Putnam (1738-1824) education neglected; millwright 'a apprentice, 1754; private. Old French War, 1757-1759; ensign, 1760; millwright, 1761; deputy surveyor,, Lyman's grant, West Florida, 1773; lieut.-col. Brewers Mass. reg., 1776; lieut.-coL twen ty-second cent, inf an., 1776; col. engineers, 1776; col. fifth Mass. reg., 1776; brig. -gen., 1783; society of the Oiiioinnati; American Union Lodge; surveyor of Maine lands for Mass., 1785; justice of peace, Worcester Co., Mass., 1786; Mass. gen. assem., 1786; super intendent Ohio Company, 1787; terr. judge, 1790; brig.-gen. U. S. Army, 1792; conducted treaty at Vincennes, 1792; surveyor-gen. U. S., 1796; trustee Ohio Univ., 1801; mem. Ohio const, conv., 1802; hon. mem. N. T. Hist. Soc, 1814; owned five shares in the Ohio Co. 3 Benjamin Tupper (1738-1792) common school education; cor poral. Old French War, 1757; sergeant, 1759; major. Fellows 2 Marietta College Historical Collections the Ohio Country ; and also all other good Citizens who wish to become adventurers in that defightf ul region; that from personal inspection, together with other incontested evidences, they are fully satisfled that the Lands in that quarter, are of a much better quality than any other known to New England people — that the Climate, seasons, pro duce &c, are in fact equal to the most flattering ac counts which have ever been published of them — that being determined to become purchasers, and to prosecute a settlement in this Country — and desirous of forming a general association with those who entertain the same ideas — they beg leave to propose the following plan, viz' : — That an association by the name of the Ohio Company, be formed of all such as wish to become purchasers, &c in that Country (who reside in the Commonwealth of Massachusetts only, or to ex tend to the Inhabitants of other States, as shall be agreed on,) — That in Order to bring such a Company into existence, the Subscribers propose, that all per sons who wish to promote the Scheme should meet within their respective Counties (except in two Instances hereafter mentioned) at ten oClock A, M. on Wednesday the 15th day of February next. — and that each County, on meeting, there as sembled chuse a delegate or delegates, to meet Mass. inf an., 1775; col. cont. inf an., 1776; col., 1777; inspector, 1778; brevet brig.-gen., 1783; surveyor, "Seven Eanges," 1786; judge court common pleas, Wash. Co., O., 1788 ; invention of screw propeller attributed to him; society of the Cincinnati; American Union Lodge; owned four shares in the Ohio Co. The Records of the Original Proceedings 3 at the Bunch of Grapes Tavern in Boston,* on Wednesday the first day of March next at ten o'clock A. M. then and there to Consider and determine upon a general Plan of Association for said Company — which plan, covenant, or agree ment being published, every person (under condi tion therein to be provided) may by Subscribing his Name, become a Member of the Company. — To carry these proposals into effect, the sub scribers request, that all persons disposed as aforesaid, wiU meet on the said 15th day of Feb ruary for the purpose of chusing delegates as aforesaid, at the places hereafter mentioned, viz'. — Those of Suffolk County at the Bunch of Grapes Tavern, in Boston, — Essex at Capt. Webbs in Salem ° — Middlesex, atBradishe's, in Cambridge* — Hampshire, at Pomeroys in North Hampton ' — Plymouth at Bartlets in Plym° — Barnstable Dukes & Nantuckett Counties, at Houlands, in Barnstable. — Bristol at Crockers in Taunton.* — *A popular ordinary at the corner of State and Kilby streets established probably in the first years of the eighteenth century "noted for the best punch house in Boston" — Justin Winsor, (ed.) Memorial History of Boston, 11, xiv, 500. 5 Benjamin Webb 's tavern at Salem. 6 The "Blue Anchor" Tavern at Cambridge, kept by the son of Ebenezer Bradish, 1785 to 1796. — Page, History of Cambridge, 225. 7Asaliel Pomeroy's tavern at Northampton. — Trumbull, His tory of Northampton, ii, 550, where an account of this meeting of the "Ohio Adventurers" is given. 8 Josiah Crocker 's tavern at Taunton stood on the north side of the city square until about 1817. — Emery's History of Taunton, 608. Proceedingsof the first Greneral Con vention at Boston Com monwealth Mass"s 4 Marietta College Historical Collections York at Woodbridge 's in York.° — Worster at Patch's in Woster.^" — Cumberland and Lincoln, at Shattuck's in Falmouth." — Berkshire, at Dib ble's in Lenox — Rutland Jan'' 10'" 1786 Rufus Putnam Benj*. Tupper In consequence of the foregoing — On the first Day of March One thousand and seven hundred & Eighty Six Convened at the Bunch of Grapes Tavem in Boston as Delegates from several of the Counties of the Commonwealth of Massachu setts to consider of the Expediency of forming an Association, or company to purchase lands and make a settlement in the Western Country, the Gentlemen whose names are underwritten. — Plymouth (Crocker Sampson is County of SuffolkCountyof Essex County of Middlesex County of HampshireBerkshire [Winthrop Sargent 12 (John -MUls 13 tMenassah Cutler [John Brooke 1* I Thomas Cushingis [Benja Tupper Worcester (Eufus Putnam Berkshire f John Patterson i7 ( JahlaJiel Woodbridge is Barnstable (Abraham Williams i» 9 Tavern kept by Paul D. Woodbridge at Tork. — Woodbridge Geneaology, 45. 16 Nathan Patch's tavem at Worcester, buUt in 1785, was first known as the. ' ' United States Arms ; " it is the present ' ' Exchange Hotel" on Main street, Worcester. 11 Moses Shattuck's tavem at Portland, Me. (formerly Fal mouth). — Goold's Portland im the Past, 366. 12 Winthrop Sargent (1753-1820); Harvard, 1771; capt. of ar tillery rank of major, 1775-1783; brevet maj., 1783; secretary adj.-gen. U. S. Army, 1791; gov. Mississippi territory, 1798; so- The Records of the Original Proceedings 5 Elected General Rufus Putnam Chairman of the Convention and Maj. Winthrop Sargent Clerk — From the very pleasing Description of the Wes tern Country given by Generals Putnam & Tupper and others it appearing expedient to form a set tlement there, a Motion was made for chusing a Committee to prepare the Draught or Plan of an association into a Company to the said Purpose, for the Inspection and Approbation of this Con vention — Resolved in the affirmative. — Also Re solved that this Committee shall consist of five. — ciety of the Cincinnati; American Union Lodge; owned four shares in Ohio Co. ¦ 13 John Mills ( -1796) ; ensign Whitcomb's Mass. reg., 1775; sixth cont. inf an., 1776; second lieut. first Mass., 1777; first lieut., 1777; capt., 1779; Jackson's reg., 1783; capt. second U. S. inf an., 1791; second sub Legion, 1792; major, 1793; adj. and inspector, 1794-1796; society of the Cincinnati; owned one share in Ohio Co. 1* John Brooke (1752-1825); common school; surgeon and capt. Mass. minute men, 1775; maj. nineteenth cont. inf an., 1776; lieut.- col. eighth Mass., 1776 ; lieut.-col. commandant seventh Mass., 1778- 1783; brig.-gen. U. S. army, 1792-96; adj.-gen. Mass., 1812-15; gov. of Mass., 1816-22; LL.D. Harvard; Pres. Mass. society of the Cincinnati. 15 Thomas Cushing ( -1822) ; rose from sergeant sixth cont. inf, 1776, to capt., 1783; capt. second U. S. inf., 1791; lieut.-col. second U. S. inf., 1802; coL, 1805; brig.-gen. U. S. army, 1812; U. S. collector New London, Conn., 1815-22; owned one share in Ohio Co. in partnership. 16 Crocker Sampson, ( -1823), quartermaster fourteenth Mass., 1777; ensign, 1778; first lieut. seventh Mass., 1780-83. 17 John Patterson, ( -1808), col. Mass. regiment, 1775; col. fifteenth cont. inf., 1776; brig.-gen., 1777; brevet-maj.-gen., 1783. 18 Jahleel Woodbridge, (1738-1796) ; son-in-law President Ed wards; judge of probate, Stockbridge, Mass., 1789-1795; Mass. State Senate. 19 Abraham WiUiams, ensign Brewer's Mass. regiment, 1775; first lieut., 1777; capt., 1779; society of the Cincinnati; owned one share in Ohio Co. 6 Marietta College Historical Collections [Articles of Agreement] Article lat General Putnam Mr. Cutler — Col° Brooks, Major Sargent & Capt. Cushing ^° were elected. — Adjourned to half after 3 o'clock Thursday. — Thursday 2d Mareh — Convened agreably to ad journment at the Bunch of Grapes Tavem — & further adjourned till tomorrow mom^ half past 8 o'clock — then to meet at Bracketts Sign of Ohver Cromwell in School Street.^^ — Friday 3d March met agreeably to adjournment and the Committee for Preparing a draught or Plan of association Reported that they had gone through the Business, and layd their Proceedings before the Convention, in form following — Articles of agreement entered into by the Sub scribers, for constituting an association, by the name of the Ohio Company. The design of this association is to raise a fund in Contiaental Certificates, for the sole purpose, and to be appropriated to the entire use of pur chasing Lands in the Western territory (belong ing to the United States) for the benefit of the Company and to promote a settlement in that Country, — That the fund shall not exceed One Million of Dollars, in Continental Specie Certificates, exclu sive of One years Interest due thereon (except as 20 Nathaniel Gushing, (1753-1814), first lieut. Brewer's regi ment, 1775; capt. first Mass. regiment., 1777; brigade-maj., 1781; brevet-maj., 1783; capt. territorial militia, 1788; commanded Farmer's Castle, 1793; col., 1797; society of the Cincinnati; owned one share in Ohio Co. 21 A famous tavem below City Hall on School Street where Washington lodged in 1756. — J. Winsor, (ed.), Memorial History of Boston, 11, xxxiv. :^4i^ oP The Ohio Company:!? Purchase (iV- SOUTH -EASTERN OHIO. ^JanfAJTuT^ The Records of the Original Proceedings 7 hereafter provided) and that each share or sub scription shall consist of One thousand Dollars as aforesaid, and also ten Dollars in gold or silver, to be paid into the hands of such agents as the Subscribers may elect, — That whole fund of Certificates raised by this ^^^"^'^ 2" Association, except, One years Interest due there on, mentioned under the first article, shall be apply 'd to the purchase of Lands in some one of^ the proposed States, north westerly of the River Ohio,^^ as soon as those lauds are surveyed, and exposed for Sale by the Commissioners of Con gress, according to the Ordinance of that Honour able Body, passed 20'" May, 1785, or on any other plan that may be adopted by Congress not less ad vantageous to the Company. The One years in terest shall be applied to the purpose of making a settlement in the Country, and assisting those who may be otherwise imable to remove themselves thither: The Gold and Silver is for defraying the expenses of those persons employed as Agents in purchasing the land and other contingent Charges that may arise in the prosecution of the business : The surplus (if any) to be appropriat ed as the One year's interest on the Certificates. — 22 The reference is to Jefferson's plan to divide the west into States by lines of latitude two degrees apart, intersected by two meridians of longitude to be drawn through the mouth of the Great Kanawha and the "Falls" of the Ohio at Louisville; the States were to be given the following fanciful names: Sylvania, Michigania, Ohersonesus, Assenisipia, Metropotamia, Hlinoia, Sara toga, Washington, Polypotamia, and PeUsipia. The state of Washington was to extend from the western boundary of the Seven Eanges to a meridian drawn from the mouth of the Great Kanawha river. 8 Marietta College Historical Collections' Article 3* Article 4th Article 5* Article 6tt Article 7^^ That there shall be five directors, a treasurer and Secretary, appointed in manner, and for the purposes, hereafter provided. — That the prosecution of the Company's designs may be the least expensive, and at the same time the Subscribers and agents as secure as possible ; the proprietors of twenty shares shall constitute one grand division of the company ; appoint their agent, and in case of vacancy by death, resigna tion, or otherways, shall fill it up as immediately as can be. — That the agent shall make himself accountable to each subscriber for certificates and monies re ceived by duplicate receipts (one of which shall be lodged with the secretary) that the whole shall /be appropriated according to those articles of as- Isociation, and that the subscriber shall receive his >/ just dividend as to quantity and quality of Lands ) purchased, as near as possibly may be, by lot / drawn in person, or through proxy, and that deeds ^ of conveyance shall be executed to individual sub scribers, by the agents, similar to those he shall receive from the directors. — ' That no person shall be permitted to hold more than five shares in the companies funds, and no subscription for less than a full share will be ad mitted ; but this is not meant to prevent those who cannot, or chuse not to adventure a full share from associating amongst themselves, and by one of their number subscribing the sum required. — That the directors shall have the sole disposal of the company's fund, for the purposes before mentioned : that they shall by themselves or such The Records of the Original Proceedings 9 person or persons as they may think proper to in trust with the business, purchase lands for the benefit of the company, where, and in such way, either at publick or private sale, as they shall judge wOl be most advantageous to the company ; they shall also direct the application of the one year's interest, and Gold and Silver mentioned in the first article, to the purposes mentioned under the 2* article, in such way and manner as they shall think proper; for those purposes the direc tors shall draw on the treasurer from time to time, making themselves accountable for the application of the monies agreeably to this association. — That the agents being accountable to the Sub- Article 8tii scribers for their respective divisions shall ap point the directors, treasurer, and Secretary, and fill up all the vacancies that may happen in these offices respectively. — That the Agents shall pay all the certificates Article 9* and monies received from subscribers into the hands of the Treasurer, who shall give bonds to the Agents, jointly and severally for the faithful discharge of his trust, and also, his receiving cer tificates, or monies from any particular agent, shall make himself acountable therefor, according to the condition of his bonds. — That the directors shall give bonds jointly and Article 10* severally to each of the Agents, condition 'd that the Certificates and monies they shall draw out of the Treasury shall be applied for the purposes stipulated in these articles, and that the lands pur chased for the company, shall be divided among them within three months of the completion of the 10 Marietta College Historical Collections purchase, by lot, in such manner as the Agents or a majority of them shall agree, and that on such divisions being made, the directors shall execute deeds to the Agents respectively for the propor tions which fall to their divisions, correspondent to those the directors may receive from the com missioners of Congress. — Article 11* Provided also, that whereas a sufficient number of Subscribers may not appear to raise the fund to the sums proposed in the first Article, and thereby the number of divisions may not be compleated; it therefore agreed, that the agents of divisions of twenty shares each, shall after the 17"" day of Oc tober next, proceed in the same manner as if the whole fund proposed had been raised. — Article i2tii Provided also, that whereas it will be for the common interest of the company to obtain an Ordinance of Incorporation from the honourable the Congress, or an act of Incorporation from some one of the States in the Union (for which the directors shall make application.) it is there fore agreed, that in case such incorporation is ob tained, the fund of the company (and consequently the shares and divisions thereof) may be extended to any sum, for which provision shall be made in said ordinance or act of incorporation; anything in this association to the contrary notwithstand ing. — ^^ Article 13*1' That all votes under this association may be given in person or by proxy, and in number justly 23 It is to be noted that, although Article 2 suggests the pur chase is to be made from the United States, Article 12 shows that a purchase from an individual State was always au open alterna tive. The Records of the Original Proceedings 11 proportionate to the stock holden, or interest rep resented, which being read, the meeting resolved to postpone acting upon them until tomorrow 3 o'clock, to which time they adjourn 'd, — Sattjbday 4'" Maboh Convened at Brackett's agreeably to the adjournment of yesterday — & considered, & approved & accepted the Articles of Association &c, as proposed and reported by the Committee, — Resolved that there be a Committee of three ap pointed who shall transact the necessary Business of the Company imtil the Directors are chosen — They are to open a Correspondence with auy Gen tlemen whom they think likely to encourage the Company's Designs, & forward the completion of the Funds proposed in such way and manner as they shall judge best calculated to eflfect the same ; they shall notify the place for the Agents to meet at for the purpose of chusing Directors &c. on the 17'" Day of October next or as much sooner as they may suppose necessary for the Interest of the Company, — They shall also held communications & receive reports as often as conveniently can be, from those Gentlemen collecting Subscriptions, — Resolved, That Col° Brooks, Major Sargent and Capt, John Mills constitute this Committee, — Col° Brooks requesting to be excused, Col" Hull ^* was appointed in his room — 24 WiUiam HuL, (1753-1825), Tale, 1772; capt. seventh Conn., 1775; maj. eighth Mass., 1777; lieut.-col. third Mass., 1779; Jack son's cont. reg., 1784; gov. Territory of Michigan, 1805-1812; brig.-gen. U. S. army, 1812; cashiered, 1812; society of the Cincin nati; American Union Lodge. 12 Marietta College Historical Collections On motion, resolved that this Convention be ad journ 'd — Sine Die — Second Gen- Bostou 8'" March 1787 — Brackets Tavem of the Ohio At a Meeting of the Ohio Company, called this Company gth ^f MsiTch. 1787 by special advertisement— it appearing that Two hundred & fifty Shares in the Company's Funds were subscribed for, & that there are at this Time in the Commonwealth of Massachusetts, Connecticut, Rhode-Island & New Hampshire many inclined to become Adventurers who are restrained only by the Uncertainty of ob taining a sufficient Tract of Country collectively, for a great Settlement. — It was unanimously Appo.intment Rbsolved, that three Directors should be ap- of Dirsctors pointed for the Company, & that it shall be their Duty immediately to make applicationto the P[on.^'*^TJongf ess for a private purchase of Lands & under such descriptions as they sha,ll deem ade quate to the purposes of the Company. — General Samuel H. Parsons,^^ Rufus Putnam & the Rev* Manassah Cutler were unanimously chosen. — Appointment Resolved. That a Secretary be appointed. Ma- o eretary j^^. y^ Sargent was unanimously chosen. — 25 Samuel Holden Parsons, (1737-1789); Harvard, 1756; gen. assemb. of Conn., 1762; com. of correspondence, 1773; maj. militia, 1770; col., 1776; brig.-gen., 1776; maj.-gen., 1780; com. Conn. State troops, 1781; Indian commis., treaty of Fort Finney, 1786; judge N. W. Territory, 1787; society of the Cincinnati; American Union Lodge; owned two shares in Ohio Co. personally and three in partnership. The Records of the Original Proceedings 13 Resolved, That the Secretary shall have liberty in any of his Absences to appoint a Deputy. — Resolved, That the Election of a Treasurer & the Completing of the number of Directors be postponed until the Next Meeting. — Adjourned Sine Die — Boston 29'^ August 1787 — At a Meeting of the Directors & Agents of the ^rd gener- ° m ^^ meeting Ohio Company, held at the Bunch of Grapes Tav- of the omo ern in Boston, the following Report was received ^°™P^y from the Rev* Manassah Cutler. That in consequence of resolves of Congress, of the 23* & 27"^ July last, he agreed on the conditions of a Contract, with the Board of Treasury of the United States, for a particular tract of Land, con taining in the whole as much as the Company's Funds will pay for, should the subscriptions amount to one million of Dollars, agreably to the Articles of association, at One Dollar p"" Acre ; — from which price is to be deducted one third of a dollar for bad lands, & defraying the expenses of surveying &c. &c. That this Land be bounded on the East, by the Report from western boundary of the seventh range of town- of a contract ships : south, by the Ohio ; west by a meridian line cra^reL'^for drawn thro the western Cape of the great Kan- a certain hawa-River, & extending so far north, that a due iaL^^\n the east & west line from the Seventh range of town- federal Tsrntory" ships to the said meridian line, shall include the whole. This tract to be extended so far Northerly, as to 14 Marietta College Historical Collections comprehend within its limits, exclusively of the above purchase, One lot of six hundred & forty Acres,jin each township, for the purposes of re ligion; — an equal quantity for the support of School^ & two townships, of twenty three thou sand & forty acres each, for an University, to be as near the centre of the whole tract, as may be ; which lots & townships are given by Congress & appropriated for the above uses forever: Also three lots of six hundred & forty Acres each, in every Township, reserved for the future disposi tion of Congress; & the bounty lands of the mili tary associators, to be comprised within the whole tract : provided they do not exceed one seventh part thereof.^" That five hundred thousand Dollars be paid to the Board of Treasury upon closing the con tract. — In consideration of which, a right of entry and occupancy for a Quantity of Land equal to this sum, at the price stipulated, be given — and that as soon as the Geographer, or some proper Officer of the United States, shall have surveyed and as certained the quantity of the whole, the sum of Five hundred Thousand Dollars more be paid amounting in the total to One Million of doUars, for which the Company are to be put in the pos- 26 The dual character of share-holding in the Ohio Co. was one of its unique features. The "adventurers" forming it received land in proportion to shares held and additional land on bounty warrants if they had such. But only one-seventh of the entire pur chase could be taken out as bounty land. Provision was made later (Nov. 10) permitting "military associates" to make part payment for shares with bounty claims on the ratio of an acre to a dollar. The Records of the Original Proceedings 15 session of the other moiety of the lands above de scribed, and receive a deed of the Whole from the said Board of Treasury. — Whbbeupon Resolved, That the above report be Eatification received, and the proceedings of M"' Cutler be fully tract V ^e approved, ratified and confirmed. — Agents Adjourned till toMorrow morning, eight o'clock, to convene at M"" Brackett's Tavern. — August 30"' — Met according to adjournment, and continued until the first of Sep' during which time, the following resolutions were agreed to. — That five thousand seven hundred and sixty Lands ap- acres of Land, near the confluence of the Muskin- for a City gum and Ohio Rivers, be reserved for a City & ^o„g^°™' Commons. — That within the said Tract and in the most ^°™ "^ t^^e eligible situation there be appropriated for a City, sixty squares of three hundred & sixty feet by three hundred & sixty feet each, in an oblong form, of ten squares in front and six in depth, with streets of one hundred feet in width through each range. — That four of said squares, be reserved for public Eeservation uses, and the remaining flfty six divided into house xjsm " ^* Lots. That each square contain twelve house lots of sixty feet front and One hupidred feet depth, and Six Lots of Fifty three and three tenths feet, ^f^o^"^ by One hundred & eighty feet amounting in the Lots total to One Thousand & eight lots. And that this plan be pursued as nearly as the situation of the Ground will admit; and when the same is completed a plan thereof, with the lots numbered thereon be transmitted to the Secretary, 16 Marietta College Historical Collections Plan of the City Lots to be lodged with the Sec retary that they may be drawn for by the proprie tors 1000-64 acre Lots to be Surveyed and a plan there of lodged with the Sec retary that they may be drawn for by the Pro prietors Building of houses Order for Payment to the Treas urer Building of MUls who shall notify a Meeting of the Agents for the purpose of drawing the said City lots — one of which shall be annexed to, and become a part of each proprietary share. That contiguous to, and in the vicinity of the above tract there be laid off one Thousand Lots of Sixty-four acres each, as equal as possible in quality and Situation one of which as the city lots, shall be considered a part of each proprietary share, and drawn for in the same manner; and that a complete survey and return of these lots be made by the 1^' of March next, to the Secretary's Office. — That for the reception and protection of set tlers, one hun* houses, of thirty six by sixteen feet, be erected, in the course of the ensuing Autumn & Winter, on three sides of the before mentioned oblong square, and connected by a Stockade. — That, in order to carry into execution the above purposes, it is absolutely necessary that the sub scribers pay into the hands of their several Agents the monies subscribed, that the same may be paid into the hands of the Treasurer by the 4th. of October next; which payment the agents are to make to the Treasurer accordingly. — That as saw-mills and com mills -will be neces sary, in forwarding the settlement, proposals from any of the subscribers for erecting one or more of each kind, without expense to the proprietors, will be received by either of the Directors, the Treas urer, or at the Secretary's office; and such pro posals will be decided upon, as soon as may be, after the completion of the contract with the Treasury Board. — And, — The Records of the Original Proceedings 17 That the manner of removing the flrst settlers, and superintending their operations, will be agreed on as soon as practicable. Resolved, That General James M, Vaenum" ^^ppointmeut ' of a Direc- be one of the Directors of the Ohio Company, and tor and that CoL° Richard Platt ^* be the Treasurer, — reasurer Adjourned Sine Die, — Boston Sep' P' 1787 At a Meeting of the Directors of the Ohio Com- Directors meeting pany at Mr, Brackett's Tavern — The members General Putnam, Rev* Menassah Cutler & Gen eral Vemam, Resolved that the Rev* Mr, Menassah Cutler & Order for closmg the Major Winthrop Sargent, they & each of them be Contract \/ authorised & empower 'd to complete the contract Board* of made by them with the Treasury Board of the Treasury United States. Ordered that the Treasurer of the Company pay o^der for into the Treasury Board of the United States the 500,000 Doi- sum of Five hundred Thousand Dollars, Purchase 3^^^.^° *^® Money, upon the Application of the Rev* M' Treasury Menassah Cutler & Major Sargent or either of them. — It is further Ordered, that the Treasurer pay Order for unto the said Menassah Cutler & Winthrop Sar- 7o*^eScan 27 James Mitchell Varnum, (1749-1789) ; Ehode Island College, 1769; admit, bar, 1769; mem. Kentish guards, 1774; col. Ehode Island reg., 1775; col. ninth cont. inf an., 1776; brig.-gen., 1777; mem. cont. cong., 1780; judge, N. W. Terr., 1788; society of the Cincinnati; owned one share in Ohio Co. in partnership. 28 Eichard Platt, (1754-1830) ; common school education; second lieut. first N. Y. reg., 1775; capt., 1776; brig.-maj., 1776; maj. and aide-de-camp, 1776-1783; quar. master gen., 1780; col., 1783; com.-gen. N. T., 1812; paymaster U. 8. army, 1817-1820. 18 Marietta College Historical Collections DoUars to Mr Cutler or W. Sargent gent or to either of them upon his or their applica tion Seventy Mexican Dollars for which sum he or they are to account. Adjourned Sine Die DirectorsBonds At this Meeting of the Directors of the Ohio Company Sep' 21"' 1787 — The Generals Rufus Putnam & James M. Vamuim, & the Rev* M, Menassah Cutler Jointly & Severally executed Bonds to each of the Agents in the sum of Twenty Thousand Pounds for the faithful discharge of their duty agreeably to the IO"" article of the Asso ciation of the Association of the Company, which Bonds were lodged with the Secretary, — Adjourned Sine Die Treasurer 's Bond New York October the twenty seventh, one thou sand seven hundred & eighty seven, Richard Platt Esquire Treasurer of the Ohio Company executed a Bond in the sum of Twenty Thousand Pounds, at six shillings The Mexican Dollar, for the Faith ful Discharge of his Trust, agreably to the Articles of Association — which Bond was lodged with The Secretary, — At a Meeting of the Directors & agents of the Ohio Company at M' Brackets Tavern The 21^' of November 1787 (In Consequence of the following Notification) and continued by Adjournment to 22* Advertise- The Directors and agents of the Ohio Company, 4th°Gen'i ^ ^^e hereby requested to meet at Cromwell's Head Meeting of Tavem, School Street, Boston, on Wednesday the The Records of the Original Proceedings 19 2P' instant, at Ten 0 Clock in the morning, for the the Ohio following Purposes, Viz, mpany 1st To see what Measures the Agents will agree upon, for aUotiag Lands to the first Hundred Fam ilies (or other Number) who shall arrive in the Country, in order that the first Settlement may be made as compact and defensible as possible. 2* The Contract being already executed by the Board of Treasury To determine on the Measures necessary to be taken in order to close the Sub scriptions of the Company, Also to transact any other Business of the Company, which may be thought expedient, N.B, The several Agents for collecting Sub scriptions, are requested to give punctual Aten- dance, and it is expected that each Agent will de liver or send to the Directors at said Meeting, two Returns, the first containing the Names of all who have Subscribed under the following distinct Heads, Subscribers Names, Addition, Place of Residence, Shares or Sums subscribed, and Sums paid, — The second Return to contain such of the subscribers Names as are entitled to Military Bounty Lands, under the following Heads, Viz, Names Rank, and Reg', Signed Rufus Putnam -^,, t^, Lthe Directors Boston November the 10, 1787, Resolved, That the lands of the Ohio Company Division of be allotted and divided in the following manner; proprietors anything to the contrary, in former resolutions not withstanding, — Viz. Four thousand acres 20 Marietta College Historical Collections near the confluence of the Ohio and Muskingum rivers, for a city^' and commons, and contiguous to this, one thousand lots of eight acres each, amounting to eight thousand acres. Upon the Ohio, in fractional townships, one thousand lots of one hundred and sixteen acres and 48/100, amounting to one hundred and sixteen thousand four hundred and eighty acres. In the townships on the navigable rivers, one thousand lots of three hundred and twenty acres, amounting to three hundred and twenty thousand acres. And, In the inland towns, one thousand lots of nine hundred and ninty two acres each, amounting to nine hundred and ninty two thou sand acres, to be divided and allotted as the agents shall hereafter direct. That there be the foUow ing reservations, Viz, One township at the falls of the great Hock hocking river : One township at the mouth of the great, or httle, river of that name ; and, one township opposite to the mouth of the great Kanhawa river. Which reservation may hereafter, be divided and allot ted as the Directors and Agents see fit. Alteration in Resolved That the city at the mouth of the Mus- the City kiugum river be so laid out into oblong squares, as that each houselot shall consist of ninty feet in front and one hundred and eighty feet in depth, with an alley of ten feet in width, through each square in its oblong direction ; and that the centre street ^^ crossing the city, be one hundred and fifty 29 Marietta, Washington Co., Ohio. 30 Washington Street, Marietta. The Records of the Original Proceedings 21 feet wide, anything to the contrary, in former Res olutions, notwithstanding. Resolved, That in addition to the reservations i^'^^*'"'' *° ' the Keserva- heretofore ordered, there be eight house lots in tion for Pub- the city at the Mouth of Muskingum, reserved ^^ ^^^ for publick uses. Resolved, That the army bounty rights, be con- f ^Rights™ sidered in part payment of the shares of military associates, in the ratio of one dollar to every acre, to which they are entitled ; and that this rule shall be observed by the Agents of the Subscribers in rendering their returns, and by the Agents ap pointed by the Directors for the second payment to the board of treasury. Resolved, That no further Subscriptions be ad- ^"^ll^i mitted after the first day of January next; and tion that all interest arising upon sums paid, since the payment of the first half million to the board of treasury, until the second payment be completed shall accrue to the benefit of the Company's funds ; and that the Agents pay all the monies they may have in their possession, into the treasury of the Company, by the first day of March next. Resolved That General Rufus Putnam 70 Joel Barlow, Esq."' . 140 M'Corlis"^ . . .110 Agents. General Tupper . . 40 31 Joel Barlow, (1754-1812); Dartmouth, 1774; grad. Tale, 1778; chaplain Poor's brig., 1780-83; admit, bar, 1786; "Vision of Columbus," 1787; agent "Scioto Co.," 1788-90; commer. agent in Europe, 1792-95; U. S. consul, Algiers, 1795-1797; U. S. Min ister to France, 1811; society of the Cincinnati; owned three shares in Ohio Co. in partnership. 32 William Corliss ; important agent of Ohio Oo. ; on many 22 Marietta College Historical Collections Capf John Dodge ^" 20 M' KendaU . 20 Major White"* . 20 Col, Sproat"^ , 50 Col, Crary"" 90 Col, May" . 31 Genl, Freeman "* , 25 W. Sargent Esq. . 146 Doctor Downer "' 18 Rev* M' Cutler . 167 Gen' Jackson" . 13 Gen' Vamum For agencies in Maryland and Penn sylvania .... 40 be permitted to complete Subscriptions to the Numbers respec tively affixed to their Names committees; owned in partnership three shares in the company. 33 John Dodge, ( -1805) ; flrst lieut. Mansfleld's reg., 1775; first Ueut. twenty-seventh cont. infan., 1776; capt. Mass. militia; migrated to Marietta, 1788; owned two shares in Ohio Co. 34 Haffleld White, ( -1817) ; Ueut. Minute-men, 1775; second lieut. Mansfield's reg., 1775; reg. adjt., 1776; capt. fifth Mass., 1777; built first miUs in Ohio (Wolf Creek), 1788; society of the Cincinnati; owned two shares in Ohio Co. 35 Ebenezer Sproat, (1752-1805); common school education; capt. Cotton's Mass. reg., 1775; maj., 1775; maj. third cont. infan., 1776; Ueut.-col. fourth Mass., 1777; lieut.-col. twelfth Mass., 1778; col., 1783; surveyor Seven Eanges, 1786; surveyor Ohio Co., 1787- 91; sheriff Wash. Co., O., 1788-1802; society of the Cincinnati; American Union Lodge; owned two shares in Ohio Co. 36 Archibald Crary; capt. first E. I., 1775; Ueut-eol. ninth cont. infan., 1776 ; Ueut.-eol. E. I. mUitia, 1776 ; col. second E. I. State reg., 1777; adj.-gen. E. I. mUitia, 1780; judge common pleas court. Wash. Co., O. ; owned two shares in Ohio Co.; on many important committees. 37 John May, (1743-1824) ; capt. Bost. reg., Mass. mUitia, 1778; The Records of the Original Proceedings 23 Resolved That the eight acre lots be surveyed Survey ajid and a plat or map thereof be made, with each lot of the^s ^°^ numbered thereon, by the first Wednesday in ^^^^ ^^ March next; and that a copy thereof, be immedi ately be forwarded to the Secretary, and the original retained by the Company's Superinten dent. That the Agents meet upon the same Wednesday in March, at Rice's Tavem in Provi dence, State of Rhode Island, to draw for said lots in numbers, as the same shall be stated upon the plat. That a list of the draughts be transmitted by the Secretary to the Superintendent, and a copy thereof preserved in Secretary's office. Resolved That this meeting of the Directors Adjoum- and Agents of the Ohio Company be, and is here- Agents by adjourned, to the first Wednesday of March, Meeting 1788, to be then holden at Rice's Tavem, in the town of Providence and State of Rhode Island At a Meeting of the Directors of the Ohio Com- Directors pany at M' Brackets Tavem, in Boston November ^^ ^^ 23, 1787 — col., 1787; author, Journal and Letters . . . Belatine to Two Journeys to the Ohio Country (Cincinnati, 1873) ; owned one share in Ohio Co. personaUy and three in partnership. 38 Nathaniel Freeman, ( -1827) ; brig.-gen. Mass. militia, 1778. 39 Eliphalet Downer; vol. surgeon, 1775; surgeon Heath's Mass. reg., 1775; surgeon twenty-fourth cont. infan., 1776; U. S. navy; owned two shares in Ohio Co. 40 Henry Jackson, ( -1809); col. sixteenth cont. reg., 1777; sixteenth Mass. reg., 1780; ninth Mass. reg., 1781; fourth Mass. reg., 1783 ; brevet brig.-gen., 1783 ; first Amer. reg., 1784 ; society of the Cincinnati; owned one share in Ohio Oo. 24 Marietta College Historical Collections Surveyorsand Arti ficers For the purpose of carrying into effect the sur veys, and other business, of the Ohio Company; as agreed upon by the Directors, and Agents, at their meetings of the 29"" of August last, and the 21^' instant. Ordered That four surveyors be employed, un der the direction of the Superintendent herein after named. — That twenty two men shall attend the Surveyors. That there be added to this num ber, twenty men, including six boat builders, four house carpenters, one blacksmith, and nine com mon workmen.*' 41 The party of surveyors and workmen, forty-eight in number, who reached Marietta included the following men: General Eufus Putnam Colonel Ebenezer Sproat Colonel Eeturn J. Meigs Major Ansehn Tupper John Mathews, Surveyor Major HaflSeld White Captain Jonathan DevoU Captain Josiah Munroe Captain Daniel Davis Captain Jethro Putnam Captain WUliam Gray Captain Peregrine Foster Captain Ezekiel Cooper Samuel Gushing Isaac Dodge Israel Danton Daniel Bushnell Phineas Coburn John Gardner GUbert DevoU, Jr. EUzur Kirtland Joseph Lincoln Jabez Barlow AUen Putnam Earl Sproat Allen DevoU WUliam Mason Edmund Moulton Benjamin Shaw Jervis Cutler Oliver Dodge Samuel Felshaw Hezekiah Flint, Jr. Josiah Whitridge Benjamin Griswold TheophUus Leonard WUliam MUler Hezekiah Flint Amos Port«r, Jr. David Wallace Jonas Davis Josiah White Henry Maxon WUliam Moulton Simeon Martin Peletiah White Ebenezer Cory Joseph Wells The Records of the Original Proceedings 25 That the boat builders shall proceed on Monday Departure next: and the surveyors rendezvous at Hartford, the first day of January next, on their way to Muskingum. That the boat builders and men, with the Sur- Privileges . . ' of the Sur veyors, be proprietors m the company. veyors and That their tools, and one axe, and one hoe to ¦'^'¦t'S^ers each man, and thirty pounds weight of baggage, shall be carried in the company's waggons; and that the subsistence of the men on this journey be furnished by the company. That upon their arrival at the places of destina- ^?p?^ ^°* tion, and entering upon the business of their em ployment, the men shall be subsisted by the com pany, and allowed wages at the rate of four dol lars (each) per month, until discharged. — That thev be held in the company's service, un- Penalties for ., ,„ »Ti 1 r-.' ,. TT Maleonduct til the first of July next, unless sooner discharged ; and that if any of the jiersons employed, shall leave the service, or wilfuUy unjure the same, or disobey the orders of the Superintendent, or others acting under him; the person so offending shall forfeit all claims to wages. That their wages shall be paid the next autumn Payment of in cash, or lands, upon the same terms as the Com- ^^®^ pany purchased them. — That each man furnish himself with a good small arm, bayonet, six flints, Arms and a powder horn and pouch, priming wire and brush ments*"^^ — half a pound of powder, one pound of balls, and one pound of buckshot. The men so engaged, shall Services and be subject to the orders of the Superintendent, lo^"""^'"^' and those he may appoint as aforesaid, in any kinds of business they shall be employed in, as ant 26 Marietta College Historical Collections well for boat-building and surveying, as for build ing houses, erecting defences, clearing land and planting, or otherwise for promoting the settle ment; and as there is possibility of interruption from enemies, they shall also be subject to orders as aforesaid, in military command, during the time of their employment. Wages of That the Surveyors shall be aUowed Twenty- seven doUars p' Month and Subsistance while in actual service to commence upon their arrival at the Muskingum. Appointment T]jat Col Ebenezer Sproat, from Rhode Island, of Surveyors Superintend- M' Auselm Tapper,*^ and M' John Mathews,*" from Massachusetts, and Col R, T, Meigs ** from Con necticut, be the surveyors.*' That General Rufus Putnam, be the Superinten dent of all the business aforesaid, and he is to be obeyed and respected accordingly. 42Anselm Tupper, (1763-1803); lieut. and adj. eleventh Mass. reg., 1780; tenth Mass. reg., 1781; sixth Mass. reg., 1783; maj. Campus Martins militia, 1791-1795; first teacher in N. W. Terr.; author "Battle of Muskingum," 1806; society of the Cincinnati; American Union Lodge; owned one share in Ohio Co. 43 John Mathews, (1765- ); nephew of Eufus Putnam; served under him in Eevolution; surveyor of Seven Eanges, 1785- 1787; surveyor Ohio Co., 1788- ; surveyor MUitary Tract, 1798; business; settled at Moxahala, Musk. Co., O., Ohio Senate, 1820; owned one share in Ohio Co. in partnership. 44 Eeturn Jonathan Meigs, (1734-1823) ; maj. second Conn, reg., 1775; Quebec expedition, 1775 (captured); exchanged, 1777; lieut. -coL Sherburne's cont. reg., 1777; col. sixth Conn., 1777; retired, 1781; com. treaty of GreenvUle, 1795; Cherokee Indian Agent, 1801; society of the Cincinnati; American Union Lodge. 45 Patterning after the system of choosing surveyors from vari ous States wisely established by the Government, the Ohio Co. selects men from three of the New England States. The Records of the Original, Proceedings 27 That the Superintendent be allowed for his Ser- Wages of vices forty dollars per Month, and his Expences, tenSt to commence from the time of his leaving Home. That the Treasurer of the Company take Order Negotiations for negotiating the Indents of Interest issued ° ° ®" upon the first Payment made into the Board of Treasury of the United States, in such way, and at such time, as may be most beneficial to the Company. That He pay to Gen. Rufus Putnam, Superin- Monies to tendent twenty one hundred mexican. Dollars (he tendant*^"^™ to account for the same) and place the amount to the Company's Funds, That he also pay to Gen, James M. Vamum, or Monies to General Order, four hundred Mexican Dollars (he to ac- varnum count for the same) and place the amount to the Companys Funds. Whereas at this Meeting of the Directors, Sev- Expenses of eral of the Agents of the Ohio Company have ap- ^®° phed for a Reimbursement of expenditures by them incurred in paying Subscription Monies into the Treasury, and in Attendance upon general Meetings ; and Whereas, after having deliberated upon the Nature of these Applications, Doubts have arisen in the Minds of the Directors, whether, they are authorized by the Association (from which they caimot deviate) to admit them — they therefore, recommend to the Proprietors to make the Reimbursements before mentioned to their Re spective Agents — Adjourned to the first Wednes day in March then to meet at Rice's Tavem in Providence State of Rhode Island, — 28 Marietta College Historical Collections Copy of a Commission granted to the Honorable Rufus Putnam as Superintendent of the Com pany's Operations in the Territory lately pur chased from the Honorable Congress of the United States of America To Rufus Putnam Esq'. Greeting [General Whereas, at a meeting of the Directors of the ™r8ion] Obio Company in Boston the twenty third day of November 1787 it was ordered among other things, that twenty people, proprietors, in said company, be engaged and sent forward, for the purpose of building boats and other purposes in said order mentioned, at the expense of the company, and that four surveyors be employed, together with twenty two men proprietors as aforesaid, to sur vey and lay off certain Lots &c and for other pur poses provided, and at the expense of the com pany; — We therefore the undersigned, Directors of said Ohio Company reposing full confidence in your Abilities, Zeal and integrity do appoint you the said Rufus Putnam Superintendent of the business aforesaid; Hereby authorising and em powering you fully to transact and do every mat ter and thing necessary for carrying into full ef fect the orders aforesaid, according to their full extent and meaning, with power of appointing such and so many persons, and with Such author ity, under you, as you shall find Convenient, you are also authorised, for the purposes of forward ing the settlement, to employ as many more per sons proprietors of said Company as laborers, as you shall judge most advantageous, provided that The Records of the Original Proceedings 29 you do not engage them upon terms less beneficial, than those already stipulated. In all other re spects you are to exercise your best discretion, And for all which this shall be your warrant — Given under our hands and seals the Twenty third day of November 1787 — Signed James M Varnum Copy of the Company's Contract for a certain Tract of Land, North West of the River Ohio — By the Rev* M' Manassah Cutler and Major Win throp Sargent as Agents for the Directors of the Ohio Company of the one part and the Honorable Samuel Osgood, Walter Livingston and Arthur Lee Esquires (the Board of Treasury for the United States of America)*" acting by and under the Authority of the honorable the Congress of the said States of the other Part New York October the 27 1787 This Indenture made the 27"' day of October in [The Ohio the year of our Lord one thousand seven hundred oonSact^ ^ and eightv seven between Samuel Osgood, Walter '^}^]^ ^J^^ ° •' ' United Livingston and Arthur Lee Esquires (the Board states] of Treasury for the United States of America) act ing by and under the authority of the honorable Congress of the said States of the one Part and Manassah Cutler and Winthrop Sargent both of 46 The second "Board of Treasury" consisting of Samuel Os good (1748-1813), Walter Livingston, and Arthur Lee (1740-1792) was created in May, 1784, after Eobert Morris's resignation as Superintendent of Finance. All powers held by Morris during the Eevolution were jointly conferred on this Board, whose secre tary was WiUiam Duer. The relations of this Board with Duer's group of speculators are discussed in the introduction to this vol ume. 30 Marietta College Historical Collections the Common wealth of Massachusetts as Agents for the Directors of the Ohio.; Company of Asso ciates so called of the other part Whereas the Congress of the United States aforesaid in and by their several Resolutions and Notes of the twenty third and twenty seventh Days of July last past did authorize and empower the Board of Treasury aforesaid to contract with any person or persons for a grant of the tract of land in the said Resolu tions mentioned upon such terms and conditions for such considerations and under such reserva tions as in the said Resolutions is expressed And whereas by virtue and in consequence of the said Resolutions and Notes the said parties of the first part have contracted and agreed with the said parties of the second part Agents as aforesaid for a grant of the tract of land herein after mentioned Now therefore this Indenture witnesseth that the said parties of the first part in order to carry their said Agreement as far as possible into effect [Price of and for and in concideration of the sum of five ure asej jju^^jred. thousand doUars well and truly paid into the Treasury of the said United States by the said parties of the second part before the ensealing and delivery of those Presents the Receipt whereof the said Board of Treasury do hereby acknowledge and thereof and of and from every part and par cel thereof do hereby on the behalf of the said United States acquit release exonerate and for ever discharge the said parties of the second part and the said Ohio Company of Associates and every of them their and every of their Heirs Ex- The Records of the Original Proceedings 31 ecutors Administrators and Assigns forever by these Presents and also in consideration of the further sum of five hundred thousand Dollars se cured to be paid as herein after is mentioned Have in behalf of the said United States and the Congress thereof covenanted and agreed and do hereby covenant and agree to and with the said parties of the second part their Heirs and Assigns that within one month after the payment of the said last mentioned sum of flve hundred thousand Dollars in the manner herein after prescribed a full and ample Grant and conveyance shall be ex ecuted in due form of Law under the Seal of the said United States whereby the People of the said United States or the Congress thereof or such of- flcer or officers as shall be duly authorized for that purpose shall grant convey and assure to the said parties of the second part their Heirs and Assigns forever (as Agents to the Directors of and in trust for the persons composing the said Ohio Company of Associates according to their several rights and Interest under the said Association) and to their Heirs and assigns forever as Tenants in common in Fee & Simple All that certain tract or parcel of land beginning at the place where the western Boundary line of the seventh range of townships rg^^^^g ^^ laid out by the authority of Congress intersects Purchase] the Ohio and extending thence along that river southwesterly to place where the western line of the seventeenth Range of Townships to be laid out according to the land Ordinance of the 20"' of May 1785 would intersect the said River and extending 32 Marietta College Historical Collections thence northerly on the western Boundary Line of the said seventeenth Range of Townships so far that a line drawn due east to the western boundary line of the said seventh Range of Townships will with the other Line of this tract include one mil lion and a half of acres of Land besides the several Townships Lots and parcels of Land herein after mentioned to be reserved or appropriated to spe cific purposes thence running east to the Western Bounds of the said seventh Range of Townships and thence southerly along those bounds to the place of beginning with the Rights Members [sic] and appurtenances thereof which said tract shall be surveyed by the geographer or some other of ficer of the said United States to be authorized for that purpose who shall plainly mark the said East and West line and shall render one complete plat or map of the said tract to the Board of Treasury of the United States for the time being or such other person as Congress may appoint and another plat or map thereof to the said parties of the second part their heirs or assigns Provided always and it is hereby expressly stipulated that in the said Grant so to be executed as aforesaid a proper clause or clauses shall or may be inserted for the purpose of Reserving in each Township or fractional part of a Township which upon such surveys as hereinafter are mentioned shall be found to fall within the Bounds of the tract so to be granted as afore said lot number sixteen for the purposes mentioned in the said ordinance of the 20"' of May 1785 Lot number twenty nine to be The Records of the Original Proceedings 33 appropriated to the purposes of religion and Lots number eight eleven and twenty-six for the use and subject to the disposition of the Congress of the United States and also reserving out of the said tract so to be granted two complete Town ships to be given perpetually for the purposes of an University to be laid off by the said parties of [Reserva- the second part their heirs or assigns as near the Education center as may be so as the same shall be of good Religion and land to be applied to the intended object in such a manner as the legislator of the State wherein the said Townships shall fall or may be situated shall or may think proper or dirqot and the said parties of the second part do hereby for themselves and the Directors and the Ohio Company of associates aforesaid and every of them and their and ev ery of their heirs executors administrators and assigns covenant and grant to and with the said parties of the first part their heirs Executors and administrators acting as aforesaid for and on be half of the said United States by virtue of the au thority so as aforesaid to them delegated and as signed (that within the space of seven years from and after the outlines of the said tract shall have been so as aforesaid run out by the Geographer or other Officer of the United States to be for that purpose appointed and the plat thereof given as aforesaid (if they are not pervented by incursions [Exterior or opposition from the Savages or if thev are so ^"^ interior 4. A i.v. AU 1 surveys] prevented then as soon as the same can be con veniently thereafter accomplished) the said Direc tors and Ohio company of associates or some of 34 Marietta College Historical Collections [Proportion ate cultiva tion] [750,000 acres] them their or some of their Heirs or Assigns shall and will cause the said Tract of Land to be sur veyed laid out and divided iato Townships and fractional parts of Townships and also subdivided into lots according to the directions and provisions of the Land Ordinance of the 20"' of may 1785 is sued by Congress and shall and will make or cause to be made complete returns of such divisions and subdivisions to the Treasury Board of the United States for the time being or such other person or persons as Congress shall or may appoint And also shall and will within one month after the out lines of the said tract shall have been so as afore said surveyed well and truly pay or cause to be paid into the Treasury of the said United States the sum of five hundred thousand Dollars in Gold or Silver or in securties of the said United States without fraud or further delay And in as much as it was the true intent and meaning of the said parties to these presents and of the Congress of the United States that the said Ohio Company of Associates should immediately cultivate if they thought proper a part of the said tract of land proportionable to the payment which they have so as aforesaid already made And should ful security for the undisturbed enjoyment, of the same now this Indenture further witnesseth that the said parties of the first part by virtue of the power and authority td them given by Congress as aforesaid have covenanted promised and agreed and do hereby covenant promise and agree to and with the said parties of the second part their Heirs and The Records of the Original Proceedings 35 Assigns in trust for the said Ohio Company of As sociates their heirs and assigns that it shall and may be lawful for the said Ohio Company of As sociates so called their heirs and Assigns to enter upon take possession of cultivate and improve at their pleasure all that certain tract or parcel of land part of the tract herein before described be ginning at the place where the western boundary line of the said seventh range of townships inter sects the Ohio thence extending along that river south westerly to the place where the western boundary line of the fifteenth range of Townships when laid out agreeable to the Ordinance afore said would touch the said river thence running northerly on the western bounds of the said fif teenth range of Townships till a line drawn due East to the western Boundary Line of the said seventh Range of Townships will comprehend with the other boundary lines of this tract seven hundred and fifty thousand acres of land besides the several lots and parcels of land herein after mentioned to be reserved or appropriated to par ticular purposes thence running east to the west- em boundary line of the said seventh range of Townships and thence along the said Une to the place of beginning with the rights members and appertenances thereof according to the terms of the said Association Reserving always and except ing out of the said tract last mentioned and the permission to cultivate the same in each Town ship and fractional' part of a Township which shall fall within the same according to the Land 36 Marietta College Historical Collections Ordinance herein before mentioned lot number 16 for the purpose specified in the said Ordinance lot number twenty nine for the purposes of Religion lots number eight eleven and twenty six subject to the disposition of the Congress of the United States and also reserving and excepting two com plete Townships for the purposes of an University [Eeserva- to be laid off in the manner herein before men- Un^verSty] tioned and to be applied in such manner to that object as the Legislature of the State wherein the said Township shall fall or be situated shall or may think proper or direct And the said parties of the first part do hereby for and on behalf of the said United States promise and agree to and with the said parties of the second part their Heirs and Assigns that the said Ohio Company of Associates their Heirs and Assigns shall and may from time and at all times hereafter freely and peaceably hold and enjoy the said last mentioned Tract of Land except the said Lots ahd Parcels of Land and Townships so as aforesaid excepted provided that the Covenants and Agreements herein before contained on the part of the said parties of the second part are observed performed and fulfiUed And the said parties of the first part do hereby pledge the faith of the United States to the said parties of the second part their Heirs and As signs and to the said Ohio Company of Associates so called for the performance of all the Grants Promises and Agreements herein before contained which on the part of the said parties of the first part or of the said States are or ought to be kept The Records of the Original Proceedings 37 and performed In Witness Thereof the parties to these Presents have interchangeably set their Hand and Seals and the said parties of the first part have caused their Seal of office to be here unto affixed the day and year first herein before mentioned, Samuel Osgood L.S. Manassah Cutler L.S. Winthrop Sargent*' L.S, Arthur Lee L.S. The foregoing are true Records of all the Pro ceedings of the Ohio Company at the several meet ings of the Directors and Agents from their ear Uest Origin to this 24'". of November 1787. By Winthrop Sargent Sec''. At a Meeting of the Directors and Agents of the Ohio Company at M' Rice 's Tavem in Providence State of Rhode Island Wednesday March 5'" A.D, 1788,— General Parsons in the Chair — General Vamum, Gen' Tupper, M' Barlow, Col. May and Captain Heywood*" were appointed a 47 The irregularity of Winthrop Sargent's acting as a legal representative of the Ohio Co. is mentioned and explained in Dr. Cutler 's Diary. Previous to Dr. Cutler 's arrival Sargent had been informally authorized to represent the Company in the letter writ ten him by Cutler and Putnam. Cutler, Cutler, ii, 196-7. Upon Dr. Cutler 's report Sargent was duly empowered to act with Cutler jointly in making the above contract. 48 Benjamin Heywood, ( -1816); lieut. Nixon's Mass. reg., 1775; second lieut. fourth cont. infan., 1776; reg. paymaster, 1776; Ueut. sixth Mass. reg., 1777; capt., 1779-1783; society of the Cin cinnati; owned one share in Ohio Co. 38 Marietta College Historical Collections Committee to examine into and report upon the returns of the Agents. — This Committee reported — That one thousand shares of the Ohio Com pany's purchase were taken up by the Agents and that the drawing for the eight acre lots may com mence as soon as the Meeting shall direct. — Which report was accepted and approved. — Resolved That the Secretary enter upon the Records the number of Shares in each Agency. — Resolved That M' Cutler Gen' Parsons — Major Dexter*' Colonel Tallmadge °* and Major CorUs be a Committee to prepare the names and make all necessary arrangements for drawing the eight acre lots. — [Meetings at Resolved — That the drawing shall commence Providence . ° March 5, 6, tomorrow momiug at the State House in this ^•^^^ Town,— Adjourned till tomorow morning 9 o'clock, — Thursday March 6'\ — Met agreably to adjoum- ment, — The Committee for preparing Names and Num bers, reported, that they had procured two boxes into the one of which they had put the Names of the Adventurers as retumed by the Agents 49 John Singer Dexter; lieut. first E. I., 1775; first lieut. and adj. ninth cont. infan., 1776; capt. first B. I. reg., 1777; assist, to adj.-gen., 1779; Obiey's E. I. battalion, 1781; maj., 1781-1783; owned four shares in Ohio Oo. 50 Benjamin Tallmadge, ( -1835) ; adj. Chester's Conn. State reg., 1776; brig.-maj. to Gen. Wadsworth, 1776; capt. second cont. dragoons, 1776; maj., 1777; at Gen. Washington's headquarters, 1781; brevet lieut.-col., 1783; treas. Ohio Co., 1792-1834; society of the Cincinnati; owned four shares in Ohio Co. personally and two in partnership. acre lots] The Records of the Original Proceedings 39 (amounting to one thousand) and into the other the numbers from N° 1 to N" 1000 — inclusive — That they have procured two lads to assist in drawing out the Names and Numbers — That they have appointed Colonel J, May to receive the num bers and call them off and Major W, Sargent to receive and call off the Names — And — That they have appointed General H, Jackson and Colonel Tallmadge, Clerks ; and General B, Tupper to re ceive and string the several Names and Numbers together as they shall be severally drawn out, — Resolved — that the report of the Committee be [^^*J^°f ^" accepted and approved and that the Meeting ad journ to the State House immediately and proceed to drawing the Lots, — Adjourned to the State House, — At 9 o 'clock P,M, having completed the drawing of the names and numbers (a List of which is with the Files of the Company in the Secretary's Of fice) the Meeting adjourned till tomorrow morn ing 9 o 'clock at M' Rice 's tavem, — Friday March 7 — Met agreeably to adjourn ment, — A Letter from the Treasurer upon the subject of compensation for his services was read and committed to M' Cutler, Gen' Vamum and Colonel May — for report, — Resolved — that the same Committee consider and report upon the expediency of providing some suitable Person as a PubUc Teacher at the Settle ment now making by the Ohio-Company, — Upon the Treasurer's application, the Commit- 40 Marietta College Historical Collections tee reported. That a Letter should be written to him by the Secretary informing, ' ' That as the five per cent, charged by him on the balance of Indents due to the Agents does not form a part of the Company's funds they have no Controul over them — and therefore it is their full determination to make him every equitable and reasonable al lowance out of their funds which his services shaU require — That the Directors and Agents ["] en tertain the highest opinion of the AbiUties and good Disposition of their Treasurer and cannot suffer themselves to entertain an Idea of his re signing his appointment at this critical stage of the business," — Upon the expediency of providing a PubUc Teacher at the settlement of the Ohio-Company, they farther reported, [Subscrip- "That the Directors be requested to pay as for educa- early attention as possible to the Education of tion] Youth and the Promotion of public Worship among the first Settlers; and that for these im portant purposes, they employ, if practicable, an Instructor eminent for Uterary accomplishments and the Virtue of his Character, who shall also superintend the first scholastic Institutions and direct the manner of instruction : And to enable the Directors to carry into execution the intentions expressed in this resolution, the Proprietors and others of benevolent and liberal Minds are earn estly requested to contribute by voluntary Dona tions to the forming of a Fund to be solely appro priated thereto. — That the Agents exert themselves in promoting The Records of the Original Proceedings 41 subscriptions and paying the monies they may collect into the Treasury and that the Treasurer make report to the Directors at or before their next Meeting — Resolved — That the reports of the Committee be accepted & approved. Resolved, That the Secretary shall immediate ly upon receiving the Plan or Plat of the Eight acre Lots from the Superintendent, cause four Copies thereof to be made — One of which shall be for the use and information of the Subscribers in the State of Massachusetts — one for Rhode Is land — one for New York and the other for Con- necticutt and that he shall transmit the same to some one of the Agents of the Ohio Company — in each of the States before mentioned. — Resolved That the Directors or any two of them be requested to make application to. the Honora ble Congress for permission to possess by Pur chase or otherways all such land as may be com prised within the Reserves retained by Congress for future disposition, Schools or Religious Pur poses in their several Ordinances of May 20'" 1785 and July the 23* 1787 — should they faU within the tract appropriated heretofore by the Directors and Agents of the Ohio Company for the purpose of laying out a City — Commons and Eight- Acre Lots at or near the Mouth of the Muskingum River, Also that they make similar application for [Act of in lands in any other important settlement, should they deem it necessary; And that they apply to Congress for an Act of 42 Marietta College Historical Collections Incorporation agreeably to the 12'" Article of As sociation — ^^ Resolved — That each Agent produce to the next Meeting a Certificate from the Treasurer of all Monies by him paid both in specie and paper, upon his Agency, — Resolved — That the Secretary be, and he here by is, empowered to appoint from time to time, one or more Deputies as he may deem proper and necessary, — Resolved — That the Superintendent be direct ed to survey and number the whole of the one hundred and sixteen & 48-100 acre lots on the frac tional Townships the next in course after the eight acre lots be completed — And that he then pro ceed to survey and number the three hundred and twenty acre lots as soon as may be and en deavour if possible to have the whole surveyed and numbered by the first day of July next. — [CaU for That the Meeting of the Directors and Agents in Ohio] be adjoumed to the first Wednesday of July next, then to meet at the settlement upon the Muskin gum — when and where a draught will be made of the City lots — one hundred and sixteen & 48-100 acre lots and the three hundred and twen ty acre lots, if the same shall have been surveyed and numbered, — That the Directors be requested to give due notification through the Medium of the Treasurer or some other Channel, that there will be no 51 No evidence exists of the granting of an act of incorporation to the Company. The Records of the Original Proceedings 43 draughts, if the necessary Surveys shall not have been previously completed and prepared for draw ing — and that in such case, they be authorized and desired to appoint a future day for said Meet ing for the purposes before mentioned. — A LIST of Numbers to each Agency in the OHIO-COMPANY.— Edward Harris" 40 John May 35 Eliphalet Downer 18 Manassah Cutler 151 William Dodge"" 17 Ephraim Cutler" 19 Winjthrop Sargent 166 Benjamin Tupper 37 Henry Jackson 13 WUUam CorUs 112 Nathaniel Freeman 12 Rufus Putnam 62 Samuel H, Parsons 99 52 Probably a connection of the Eev. Thaddeus M. Harris who came westward in search of health and wrote his important Jour nal of a Tour into the Territory Northwest of the Allegheny Moun tains (Boston, 1805) ; owned three shares in Ohio Co. and appointed on important committees. 53 Eelationship to Capt. John Dodge, prominent as the founder of Beverly, O., is not given in the published records of the f amUy — Marietta and Wctshington Co., 335-343. 54 Ephriam Cutler, (1767-1853); terr. judge; capt. mUitia; terr. legis. ; Ohio const, conv.; Ohio legis., 1819-25; advocated free schools; trustee Ohio University; promoter B. & O. Ey., 1839; mem. Whig nat. conven., 1839; owned one share in Ohio Co. per sonally and one in partnership. 44 Marietta College Historical Collections Joel Barlow 27 Archibald Crary 102 Ebenezer Sproat 43 Benjamin Tallmadge 47 1000 [First meeting at Marietta] At a meeting of the Directors and Agents of the Ohio Company, on the 2°* day of July 1788 and continued by adjournment to the 14"" day of August, on the banks of the Muskingum, and near the confluence of that river, with the Ohio — Present {Samuel H, Parsons] Rufus Putnam /Directors James M, Varnum ) And Col. John May 36 Shares Winthrop Sargent 166 Col, Archibald Crary 102 Major WiUiam CorUs 112 Col, Return J. Meigs .-. 99 Cap' Aaron Barlow °° 25 Col. Ebenezer Sproat 43 Major Haffield White 20 General Rufus Putnam 66 669 Agents for the shares respectively affixed lo their Names, It was [PoUce] Resolved. That, a Board of Police be appoint- 55 Aaron Barlow, a relative, representing Joel Barlow while the latter was on his mission to France for the Duer group ; doubtless part owner of three shares in Ohio Co. with Joel Barlow. The Records of the Original Proceedings 45 ed for the regulation of the settlement. That it consist of three and the Directors present be the Board. That the Board draw up a plan or sys tem for the Government of the settlement, to be laid before the proprietors present, as soon as maybe — Resolved That no vote of the Agents be valid, [A quorum (excepting for adjournments from day to day) shares] unless more than flve hundred shares shall be in the Vote — . Resolved That the Lot N" 29 in the 8th Range of Townships, appropriated by the honorable Congress for religious purposes shall be assumed upon the Idea that it may be possessed by the Company for their City Grounds agreeably to the plan ordered in their meeting in November 1787 — And that the proprietors who shall draw their House Lots upon any part of this Lot, which is now occupied and improved by Winthrop Sar gent, John May, or Ebenezer Corey ^" or either of them, shall be held to make full and ample com pensation to the occupants, previously to their entering into possession — Whereas the safty and wellbeing of the people constituting this settlement, depend upon their es tablishing themselves in the most compact pos sible manner, and whereas, such settlement can not be affected without an immediate appropria tion of a part of the adjacent Commons — It is therefore Resolved That the Lots N" 26 and 30, and the 56 Ebenezer Cory or Corey was one of the original party of forty-eight pioneers. 46 Marietta College Historical Collections fractional parts of 35 and 36, of Townships N° 2 in the 8th Range, and N° 19, 25, and 20, and the fractional part of 31 in the 3* Township of the same Range (being in the Commons annexed to the City) be laid out into One thousand and five, three Acre Lots, Five of which shall be appropri ated for public purposes, and the residue be drawn for as soon as may be — subject to the conditions hereafter annexed — , And Whereas it is also essential to the safty of the Inhabitants within this settlement, that the three Acre and City Lots be immediately cleared — It is further [Penalty for Resolved That where the proprietors of any s^acre or^^"^ three acre lot, ordered to be laid out in the Com- city lot] mons, or the proprietor of a City Lot, shall neg lect to clear his lot; on application made by any other person, to clear, fence, and improve such lot, and licence being granted therefor,^ by the Agent of such proprietor neglecting to clear his lot, or by the major part of the Agents present in the settlement; it shall be lawful for such per sons, so obtaining licence, to enter into, clear, fence and improve such lots — The three acre lots to be held free of Rent, until the Proprietor by himself, or some person authorised by him, shall claim the possession, and the occupant shall be paid the necessary expense in clearing and fenc ing the same ; and the occupant under such licence shall have liberty to take off his crop on such lot when the proprietor shaU take possession — . The City lots taken up imder this resolve, may be The Records of the Original Proceedings 47 holden by the occupant, until the owner shall claim the same, and imtil the Proprietor shall by labour, or otherwise (at the election of the pro prietor) fully recompence the occupant, for clear ing and fencing the same, where the profits shall not have amounted to a sufficient compensation — , That every person clearing a City lot, shall also clear one half the street or alley adjoining the lot, and the proprietor claiming possessioUj shall pay the expence in the same manner as it is expressed in the foregoing resolve — . That where Mill seats shall be found in the [MUi seats] Commons, and it shall become necessary to flow the lands of any proprietor of three acre lots, or to make any other use thereof, for the purpose of erecting Mills, it shall be lawful for the Directors and Agents present in this settlement, to grant Uberty to any person to erect Mills on any part of the three acre lots suitable for that purpose, and to make such use of the lands and waters, within the said lots as in their opinion shall be necessary for erecting Mills, and rendering them useful — And in order that justice be done to the owners of such lots to be improved as aforesaid, the Direc tors and Agents present in this settlement, are authorized to exchange other lands in the Com mons for the lots necessary to be used for those purposes (upon application of the Proprietors of such Lots) or to assess a reasonable sum for the use of such Lots, where the proprietors do not re quire an exchange ; which Sums, the owner of the MiU shall pay. — 48 Marietta College Historical Collections That the Common Lands, between the highway and the Muskingum, and in market square, may be assigned by the Directors to persons to occupy for Gardens, (reserving so much of the Commons and in such places as the Directors judge neces sary to pass from the Muskingum to the highway; and to be by them ordered to be open from time to time, as they shall think proper) and the Gardens so assignd shall be held the term of ten years from the flrst day of march next, on the following terms and conditions — , (Viz) [Eeguiations That they be cleared within two months, and gardS.^ "^^ fenced upon the streets and Commons not laid out lots] £qj. gardens, with good post and rails before the first day of March 1792, and that within three years from the first of March next, there shaU be set out two rows of trees in each Garden, at the distance of two rods between the trees in each row of such trees, and in such manner as the Directors of the Company shall appoint, and at the end of the said ten years, they shall be laid open, and seeded to grass the fall preceeding — , That any person obtaining liberty of the Direc tors of erecting buildings in the Lines of the Block house square, shall have right to occupy such buildings, and the lands between them and the highway for the term of Twenty Years from the first of March next — but in case of Attack or danger from an Enemy, the Inhabitants in the settlement shall have right to resort to the Houses in said square — . Whereas five Lots of three acres each, in the The Records of the Original, Proceedings 49 Division of the Commons are ordered to be re served for public purposes — Resolved That His Excellency Governor St [Grants to Clair" have the sole occupancy of those lots for st. oiair the term of ten years, commencing the first day of ^^ Harmar] March next, and during the time he shall continue Governor of this Territory — Resolved also, that for his more convenient ac commodation, he shall have the right to exchange Five lots (of three acres each) in the division of the Commons, for other lands in the Commons, not otherwise appropriated — , Resolved That General Harmer ^" have liberty to exchange three lots of three acres each (drawn in the division of Commons) for nine acres near Fort Harmer, which are to be bounded westerly partly on the Eight acre lots Northwesterly of the Garrison, and partly on Commons, and Northerly by the Eight Acre Lots on the Muskingum, and Easterly by the Muskingum River — . And that the Commons now occupied by the [Grants for Garrison, bounding westerly upon the Eight Acre troops] lots contiguous, until in a northern direction they 57 Arthur St. Clair, (1734-1818) ; British army, 1757; emigrated to America, 1758; lieut.-col. troops, 1760-1762; judge of (Penna.) common pleas court; col. Pa. mUitia, 1775; col. second Pa. bat talion, 1776; brig.-gen. cont. army, 1776; maj.-gen., 1777-1781; pres. cont. cong., 1787; gov. N. W. Terr., 1788-1802; com. U. S. army, 1791-1792; society of the Cincinnati; owned one share in Ohio Co. 58 Josiah Harmar, ( -1813); capt. flrst Pa. battalion, 1775; maj. third Pa. reg., 1776; lieut.-col. seventh Pa. reg., 1790; col., 1783; lieut.-col. and com. of U. S. army, 1784-1792; brevet brig.- gen., 1787; adj.-gen. Pa., 1793; society of the Cincinnati; owned two shares in Ohio Oo. 50 Marietta College Historical Collections [Directors to execute deeds] [The city named Marietta] shall meet the southern boundary lines of lands assigned to General Harmer — Northerly upon said Unes — Easterly upon the Muskingum, and Southerly upon the Ohio, remain for the miUtary use of the United States, so long as they shall be pleased to continue Troops in that station — And that the buildings and Gardens be occupied in such a manner as the Commanding Officer of the Army of the said United States in the Territory shall direct — , And it is further Resolved that the Officers of the Garrison at Fort Harmer who now have, or shall have families there within the space of one year, being now proprietors in the Company may exchange each one a three acre lot by him drawn in the Commons, for an equal quantity as near the said Garrison as may be, and in the Commons and that the Directors shall take order accordingly — Resolved That the Directors be, and they are hereby authorised to grant Leases to all persons, who by the resolutions of the Directors and Agents, are entitled to receive Leases ; and to exe cute Deeds, where they are to be given in pursu ance of the Resolutions of this meeting — , Resolved That a House be built and prepared as soon as may be, for the use of his Excellency the Governor, and that the Directors take order accordingly — . Resolved, That the City near the confluence of the Ohio and Muskingum, be (tsl\Qd.M ARIETTA.''^ 59 The Ohio Co. town was flrst called "Adelphi; " another early name given to it was "CastrapoUs" — Belknap to M, Cutler, Sept 29, 1787. In July, 1788, General Parsons writes from Mari etta stating that ' ' our city is called Mari-ette ; ' ' this spelling in- Squares] The Records of the Original Proceedings 51 — That the Directors write to his Excellency the Compte Moustiers,^" informing him of their mo tives in naming the City and requesting his opin ion, whether it will be adviseable to present to her Majesty of France, a pubUc square — . Resolved That the reserved public square in [^Public ^ the City including the buildings at the Block houses be called. Campus Martius The elevated square N" 11. QUADRANAOU — ^'' 19. CAPI- TOLIUM and the square N" 61. CECELIA"^—. And the great road, through the Covert way to Quadranaou, be called SACRA VIA — . Resolved That the payment of the Shares in the Ohio Company, be completed to the Treasurer of the Company, by the first day of June next, and the shares not paid to the Treasurer by that time shall be forfeited to the Company — And the Di rectors, (or any two of them) thereupon apply to Congress to receive the second payment, and exe cute a deed accordingly — And to secure the In terest due on such payment, until the exterior lines of the purchase are run out — . Resolved That the four Houses be completed upon the Campus Martius as soon as possible, and that the Directors, or the Major part of them present, take order thereon — . dicates the derivation of the name from that of Marie Antoinette. Mrs. Alderman points out that Louis XVI was a member of the society of the Cincinnati — The Identification, etc., 23. 60 Compte Eleonore-Francois-EUe Mouatier, French ambassador to the U. S., 1787- . No record of this matter exists iu the archives of the French embassy at Washington. 61 The point of land at junction of Ohio and Muskingum rivers, later changed to Square No. 69. These squares, with the excep tion of Cecelia, bear the same names today. 52 Marietta College Historical Collections [Provisions for com pactness of settlement] Resolved That the Directors take orders for disposing of the Commons adjacent to the City (not already disposed) to Occupants who shall apply for the same — upon principles similar to the parts already disposed of; and that they also dispose of the public reserved squares, in such manner as they shall judge will most conduce to the purposes designed by the Company — . And whereas in the present uncertain state of public arrangement for the protection of this Country, it is most essential that every provision should be made to render our Settlements as com pact as possible — And in order to effect this im portant object, suitable encouragement should be given to Adventurers (proprietors and others) in quantities of land, sufficient for plantations and farms, within convenient distances — And where as in matters of great moment, by which it may become necessary to vary, in a considerable de gree, the arrangements already made for dividing and disposing the property of the proprietors, it is incumbent on the Directors and Agents, that, they should be noticed and consulted before any measures thereon shall be decided. It is there fore Recommended, That the proprietors meet by themselves, or such Agents as they shall appoint for that purpose, at the City of Marietta, upon the first Wednesday of December next — to de cide upon the principles beforemention'd, and to make such further arrangements for securing and The Records of the Original Proceedings 53 disposing of their property, as they shall see fit — , And it is Resolved That an address to the proprietors [Committee be prepared — stating the reasons that have in- of S^f^of'"' duced the directors and agents present, to an purchase] opinion of the propriety of making some altera tions in the manner of laying out, and disposing of the Lands within the purchase ; And that proper measures be taken to notify a meeting of the pro prietors at the time and place aforesaid — And that Judge Parsons, General Putnam and Col, Crary, be a Committee to carry this Resolution into effect — , Resolved That the Agents, at or before De cember next, make Returns of their subscribers to the Secretary, specifying the Alterations which have taken place by transfers of shares, since the drawing the eight acre Lots — . In consequence of the Resolutions for the di vision of the three Acre and City lots, a Commit tee was appointed to prepare the Names and Num bers for drawing the same, which being prepared, a draught was made under the inspection of the Directors and Agents, and a list thereof is Lodged with the Secretary — . Resolved That the alterations of the Names of persons, for whose use draughts are made since drawing the Eight acre lots, be entered at the close of the Books in which the several draughts are entered — Upon information from Colonel May, that M' 54 Marietta College Historical Collections [Presenta tion of a beU] [Disagree ment aa to time of meeting] Joseph May of Boston, had presented a Bell to the Ohio Company, for the first public building to be erected in the Territory of the Company, and such building being ordered by the Agents.*^ Resolved That the thanks of the Company be presented to that Gentleman ; and that the Direc tors be requested to take measures for transport ing it from Boston to the City of Marietta — . Marietta August 14'" 1788. At a meeting of the Agents of the Ohio Com pany — (by adjournment) 3 oclook p.m. General Putnam . . 66 124 43 20 36 166 that Colonel Col. Meigs Present Col. Sproat Major White . Col. BatteUe"" , Winthrop Sargent It appearing to this meeting, Crary, Agent for 102 shares, and Major CorUs, for 112 shares, had at the hour of 11 "clock, a,m. (the hour to which a former meeting stood ad joumed) met together and adjoumed to the first Wednesday of December next, and that, within the hour, Col, Meigs, Colonel Sproat, Major White, Colonel BatteUe, and Winthrop Sargent, Agents for the shares respectively affixed to their Names, 62 This beU was placed on a corner blockhouse of the Campus Martius and now hangs in the Marietta Historical Museum. The legend that Queen Marie Antoinette sent a beU to the city of Marietta on a ship which foundered has not been verified. 63 Ebenezer Battelle, ( -1815); Harvard, 1775; resident of Belpre, O., and Newport, 0.; served on many important commit tees. The Records of the Original Proceedings 55 had assembled and adjourn 'd the meeting of the Agents to 2 "clock p,m,°* — The meeting took into consideration to what time it would be most for the interest of the Com pany to adjourn — (Colonel Crary and Major Cor Us, present) The first Wednesday in December be ing proposed, and the Yea's and Nay's on the question required, General Putnam , , No Col, Meigs , , , No Col, Sproat , . , No Major White , , , No Col, Battelle , , , No Winthrop Sargent , . No Col, Crary , , . Aye Major CorUs . . . Aye And so it was resolved in the Negative — . Upon motion of General Putnam, that this meet ing shall be adjourned to the first Wednesday of November, then to meet at the City of Marietta, and the Yeas and Nays being required. General Putnam , . Aye Col, Meigs . . . Aye Col. Sproat . . . Aye 64 This is one of the few evidences of the disturbance caused within the Ohio Co. based on differences of opinion as to methods. Colonel May's Journal speaks of this faction as led by Greneral Vamum. The location of the 8-acre lots, the "Scioto Company" so-called, what was termed General Putnam's exceeding his au thority in the terms made with the Board of Treasury, the slow progress of the settlement and seeming waste of money, formed the subjects in dispute. In general, they were the usual topics of difference between absentee proprietors in every colony and those who were on the land — a difference of opinion on results as held by those who planned and those who attempted to carry out plana. Cf. Col. John May's Journal, (Cincinnati, 1873), 63. 56 Marietta College Historical Collections Major White , , . Aye Col, BatteUe , , . Aye Winthrop Sargent . . Aye And so it was resolved in the affirmative Nem: Con: — And the meeting is accordingly adjoumed to the first Wednesday of November 1788. tf a" eX"* November 5'" The Agents of the Ohio Corn- Meeting pany met agreeably to adjournment at Campus Martius in the City of Marietta and further ad joumed to the first Wednesday in December 10 "clock A.M. then to meet at the Company's HaU in Campus Martius Winthrop Sargent, Secretary thr^olrf ^* ^ Board of Directors held the 21=' of July of Directors 1788. S. H, Parsons Present, Rufus Putnam J. M. Vamum Labour due General Putnam exhibited to the Board an Ac- to the Company count of Labour now due to the Company under former Contracts, as on file. Ordered, that the Provisions furnished the men under Contract for Labour and for which they are indebted be de ducted from the Wages due them, and that Gen eral Putnam dismiss from the Company's Service such persons as he supposes wiU not be further Useful to be retained Carpenters ORDERED that such Number of Carpenters and to be Em- ^ ployed to Other Labourers as are necessary to complete the Block House now begun, with the greatest expe- The Records of the Original Proceedings 57 dition be immediately furnished, and General complete the Putnam is desired to engage them upon the best Ho^use terms he can — Ordered that General Putnam continue" in the Surveyors pay and employment of the Company, such num- the pay of ber of surveyors, under his direction, as are neces- pany*^to°oom- sary to Survey the 8 acre, 3 acre, and City Lots pieat the 8- already ordered to be laid out, anT'citylots Ordered thkt so many chain men and other per- chairmen sons necessary to a speedy completion of the sur- ^nd other veys already mentioned in a foregoing Resolve be engaged be engaged by General Putnam. PutiSm''' Ordered that the Wages to be allowed Carpen ters shall be half a DoUar a Day, and one Ration ; Carpenters the Wages of other men employed, not to exceed mens' wages Seven Dollars per month and one Ration per Day each. Ordered that the Surveyors receive two Ra- Surveyors tions per Day and the other men employed by the Eations per Company shall receive one Ration per Day, ^^^' °^^^ That a Ration consists of 1% lb of Bread or Flour. 1 lb. of Pork or Beef, Venison or other meat equivalent, 1 GUI of Whiskey, Vegetables when to be procured. Ordered That General Putnam be empowered Gen'i. Put- to employ Teams as shall be found necessary for pioy Teams compleating the Block House and fixing the Land ing place. That a Commissary be appointed to procure Commissary and Issue Provisions, to the men employed by the pointed^ to 58 Marietta College Historical Collections Issue Provi- Company, And that all stores of Provisions now in the possession of the Company, be delivered over to the Commissary, and a return made by him to the Board, Wages to be That the Commissary be paid Eight Dollars aUowed the ,-, n -r ¦ • • i • i Oommiissary per mouth for Issuiug provisious and receive two Rations per Day, and his reasonable expences in Major H. procuring provisions shall be paid; and Major pointed^^ Haffield White is appointed Commissary. Oommissary At a meeting of the Directors of the Ohio Com pany August 4'" 1788 Samuel H, Parsons Esq*" Present Rufus Putnam Esq'' J^ M. Vamum Esq"' Persons in Ordered unanimously that all persons retained the Company in the pay of the Company under Contracts expir- ti^ts expir- ^^^ ^^^ ^^^* ^^ "^^^^ ^^^^' ^^ immediately dismissed ing the flrst from the Service of the Company, and the time be dimiissed ^bey have Employed in their own business when under Contract to labour for the Company; and their subsistance furnished them when out of the Company's Employment; be deducted from their Wages in Settlement. At a meeting of the Directors of the Ohio Com pany August 5'" 1788. Samuel H. Parsons ^ Present Rufus Putnam lEsq"' James M. Vamum J Commons Ordered That in order to carry into execution the Vote of the Agents for leasing the common The Records of the Original Proceedings 59 Lands, that those Lands may be cleared ; the Com- city to be mons near the City be leased to such person as shall apply to take them, in such quantities as the Directors shall find expedient on the foUowing Conditions, that the Persons hiring the Lots clear Conditions " />•-•. OTL which the them by the first of July next : and on that Condi- Commons to tion shaU hold them for the term of Ten Years ^ ^^^^^ from the first day of march next, and on failure to clear by the first of July the Lots may be granted to other persons and the Labour done shall be for feited. Ordered that the Lands within the Boundaries ?^^°£s with- m the of the City not included in City Lots or Commons Boundaries exclusively of the pubUck Squares be leased on ^ te^i^!^ the same Conditions. o" ^'je. same Ordered That 15 Acres of Land which at a meet ing of the Agents his Excellency Gov' St. Clair has Right to exchange for five three acre Lots, shall be laid in the Commons by the Squares N° 24 and N" 15 in the City. Ordered That Ten Acres of the Commons East Lands re- of the square N° 33 in the City, shall be reserved Burying at present, until at the meeting of the agents they <5round shall determine whether it shall be proper to ap propriate it for a Burying Ground. Ordered That the Commons on the East side of Commons to the Muskinghum exclusive of Gov' S' Clair's Re- on the plan serve, and the Reserve for a Burying ground, be ^0^^ ^^^ marked on the plan in Six Acre" Lots, as near as may be. Ordered That that part of the Lot N° 29 not in cluded in the City Limits be leased by the Direc- 60 Marietta College Historical Collections Lot No. 16 to be leased Conditions Major White to make a re turn of the property of the Com pany in his possession Persons in the pay of the Com pany to be supplied by Contract tors on the Terms and Conditions following Viz: that the lessees clear the Lots leased by the first of July next, and on failure the Directors wUl re enter and lease to other persons, that the Lessees shall hold the improvement Ten Years from the first of March next, and at the end of the term shall leave the Hills in good fence seeded to grass and the Bottoms in good post and rail fence. And Lot N° 16 shall be leased the Occupiers to hold the improvement Ten Years from the first of March next and leave the whole enclosed in post and Rail fence and seeded to grass and cleared in such a manner as the Directors and Lessees shall agree. Ordered That Major White make a return of aU the property of the Company in his possession at the next meeting of the Directors that proper measures may be consulted for disposing of, or otherwise Securing the same. Ordered that it is expedient the persons in the pay of the Company be supplied by Contract in the future, and that proper measures be taken to make the Contracts necessary for that purpose. SundryArticles to be sold at PublicVendue At a meeting of the Directors of the Ohio Com pany August 13'" 1788. Samuel H. Parsons -i Present Rufus Putnam LEsq' James N. Vamum J Ordered That four Horses, one plow, two Har rows one set of Coopers Tools, one Saddle, 4 pair Hames, 4 pair of leather breast and britch plates, The Records of the Original Proceedings 61 4 Back bands and Crupers with straps, 2 double whipletrees. Two Blind Bridles, Leather Horse Collars, the property of the Company be sold at PubUc Vendue on Saturday next at 4 "Clock after noon, And that Major White be authorised to sell the same; and that he immediately advertise the Sale at Campus Martius near the point, at the Garrison and on the Virginia Shore, and that the payments Satisfactorily secured to be made with Interest in the Six months or discounts with any persons to whom the Company are indebted will be received ; And Col. Crary is authorized to take such measures for disposing of the Wagons be longing to the Company left near Clarks Gap "° as he shaU think most for their interest. Ordered That in the market square Major Major Lunt Lunt*" and Capt. Dana" have gardens in extent Dana ai- equal to the gardens in general laid in the Com- ^ens'^in^the mons adjoining the Muskingum and to front on Market the front Street ; and that M' Swazey "" have Lib- '^^^'^^ erty to take a Lot of equal extent in the rear of Mr. Swazey those two Garden Lots and fronting on the Street Garden Lot 65 The point in the AUeghenies at which the original party of Ohio Co. pioneers was compeUed to abandon their wagons for sleds at "Clark's Knob" just below Strassburg, Pa. 66 WiUiam P. Lunt and Ezra Lunt arrived at Marietta in 1788; Capt. Daniel Lunt was a shareholder in the Company and a mem ber of the society of the Cincinnati. Ezra Lunt held four shares in Ohio Co. 67 WUliam Dana, (1745-1809); sergt. Lexington, 1775; Ueut. Gridley 's reg.-art., 1775; capt. Knox reg. cont. art., 1775-1776; came to Marietta, 1788; established first brick kUns; settled in Belpre. 68 Stephen Swazey and Joseph Swazey, Jr., held one share each in Ohio Co. 62 Marietta College Historical Collections Major White, Lands to be adjoining Mr. Swazey Liberty Granted to Mr. Moiton to set a Blacksmiths shop in the Highway Mr. Fuller allowed a Garden Lot Encourage ment for Erecting a Grist MUl leading Eastward by the market square and that Major White have his Lands adjoining Mr. Swa zey in the same square, and what Labour hath been done by any of the Persons on Lands as signed to either of those persons an equal quan tity of Labour shall be done for the person clear ing by the person to whom the Lot is assigned, any former Vote notwithstanding. Ordered That M' Moiton *^ have Liberty to set up a Blacksmiths Shop in the Highway between M' Lord '* and M"" FuUer's " Houses, near the East side of the Road, and to continue the same during the pleasure of the Directors. Ordered Th&,t M' Fuller have a garden as signed to him in the rear of his house, including the neck, to the 2"'' Street. Whereas it is highly necessary that Grist MUls should be erected as soon as possible. Therefore Ordered that any persons who shall erect a Wind mill on the Banks of the Ohio and near the mouth of the Muskingum by the first of December next, shaU have Right to occupy One Hundred and fifty feet East and West, and Two Hundred feet North and South, for accomodating the mill ; for a term of Twenty Years from that Time, Provided a sufficient Road to the Point be allways excepted from this Resolve. 69 Edmond, and son WiUiam, Moulton, were of the original party of forty-eight pioneers. WUliam held one share in Ohio Co. 10 Thomas Lord reached Marietta in 1788. EUsha, WUliam, and Abner Lord were all shareholders in Ohio Co., the latter in partnership with John Newton. 71 Oliver Fuller reached Marietta in 1788; owned one share in Ohio Co. The Records of the Original Proceedings 63 Marietta 15'" September 1788, Surveyos to return their At a meeting of the Directors of the Ohio Com- Field Books Surveys & pany- Eemarks to Ordered. That the surveyors employed in run- *^®°'^?'°^' ning out the 8 acre 3 acre and City Lots prepare continue in and retum their Surveys, Field Books and Re- ^^l g^^^y marks in course of their Surveys to General Put- intu the nam aud that they continue in the pay of the Com pany untU the 20'" Ins' and no longer. Ordered That General Putnam be authorised Oen'i Put- . nam to pro- to procure Boards, plank & naUs for laying the cure mate- floors and other necessary purposes to complete compieating the work ordered to be done on the Block Houses, tiie Block and Bricks for the Chimnies, and Glass for glaz ing one of them. Ordered That in Settling the Wages of per- fj°^^°°' sons hired by the Company the Provisions with men in the which they have been supplied shall be charged ^®e CompLy them at the Cash price such articles were sold at to be , . , 1. Charged in this settlement at the tune such supplies were them at made. ^^^ ^""^^ Ordered That a Contract be proposed for fin- ^™^™/ ^ ^ the Bridge ishing the Bridge and that the Highway Leading Highway, & to Campus Martius and the Common in front be *nder^thr cleared as soon as possible by Contract. And Block that Cellers under Block Houses be dug by Con- be done by tract. ^"*^^* Ordered That the accounts with aU the per- ^|^^'"=°"°*^ sons in pay of the Company be settled by the first sons in the of October, and that order be given on the Treas- ?,o^pany ®to urer at that Time for payment. ^ settled by the 1st of October 64 Marietta College Historical Collections At a meeting of the Directors September 19'" 1788. Houses to be Whereas it is highly expedient that the Houses Campus agreed to be built in Campus Martius should im- ^^h^mp.^ mediately be compleated or that the lines connect- diateiy com- ing the Block Houses should be Stockaded. There- the^iines°'to ^^^^ resolved that the persons who have engaged be stock- to erect Houses in those lines, do forthwith erect aded the outer walls of those Houses to the height of twelve feet, or, at their own expense erect a suf ficient stockade in the Unes connecting the Block Houses, and in case any persons shall neglect to build the outer waU of his House, or erect a stock ade in the exterior line thereof, by a space of 14 fourteen Days his Right to build therein shall cease, and the Directors wiU grant the Right to other person; and the persons to whom the Li cence to build is already granted, are called upon to inform the Directors whether they wUl comply with this order; and if any shall neglect to give such information within three Days, the Directors wiU consider such neglect as a determination not to build. The Public Ordered. That the Public Square on which the which the Bake House stands, be divided into Gardens and ^Mds^'be ^® annexed to the Houses in Campus Martius not divided into already accomodated with gardens and that they be held for the Term of Twenty Years on the same Tenure the Houses in Campus Martius are held. At a meeting of the Directors. The Records of the Original Proceedings 65 List of Names of persons applying to rent Block Houses. Gen' Putnam M"' Pierce ''" Maj'' Goodale" Col. Crary Maj'' Cushing Maj'' Lunt" Cap* DevoP* M'' Corey Maj"' Coburn" M'' Leavinz M' FUnt" M'Ransford 72 Nathan Goodale, (1743-1793); Ueut. Brewer's Mass. reg., 1775; first lieut. thirteenth cont. infan., 1776; capt. fifth Mass., 1777 ; taken prisoner at King 's Bridge, 1778 ; exchanged, 1780 ; tr. first Mass. reg., 1783; brevet maj., 1783; society of the Cin cinnati ; came to Marietta, 1788 ; capt. mUitia ; command of Farm er 's Castie; captured and kUled by Indians, 1793; owned two shares in Ohio Co. and one in partnership. 73 Stephen and Israel Pierce with their famUies reached Mariet ta in 1788. Several Pearce 's (David, Sr. and Jr., and WUUam) were large shareholders in Ohio Co. The connection, if any, is not estabUshed. 74 Jonathan Devol, one of the original party of forty-eight pioneers, resided at Marietta, Belpre and Wiseman's Bottom; buUt floating mill and Gen. St. Clair's barge; buUt ship "Muskin gum" (220 tons) which sailed from New Orleans for Liverpool with cotton, 1801; buUt brig "EUza Greene" (140 tons), 1801; buUder and owner of schooner "Nonpariel" (70 tons), 1804; author "Ode" welcoming Com. Abraham Whipple on occasion of his voyage on the "St. dair," 1801, from Marietta to Ha vana; held one share in Ohio Co. 75 Asa Coburn, firat Ueut. Danielson's Mass., reg., 1775; first lieut. fifth cont. infan., 1776; capt. seventh Mass., 1777-1783; arrived at Marietta, 1788; owned three shares in Ohio Co. in partnership. 76 Hezekiah Flint, junior and senior, were of the original party of forty-eight pioneers. 77 Daniel Lunt; minute man, Lexington, 1775; Serg. Phinney 's Mass. reg., 1775; serg. cont. reg., 1776; second lieut. eleventh Mass. reg., 1776; first lieut., 1777; capt., 1780-1788; society of the Cincinnati; on important Ohio Co. committees. 66 Marietta College Historical Collections Encourage ment for Erecting a Wind-MiU Common Lands to be leased at Vendue Conditions At a Board of Directors held in the City of Marietta September 23'^ 1788. Present. Samuel H. Parsons \ Rufus Putnam I Directors. James M. Vamum J Whereas Liberty was granted for erecting a Wind mill near the mouth of the Ohio by Resolve of the 13'" of August which mill by said Resolve was to be erected by the first of December and to include 200 feet East and West and 150 feet North and South, which is found to incommode the Land ing — Therefore Resolved that any Persons erect ing a Windmill near the Point at the Confluence of the Ohio and Muskingum by the flrst Day of March next, shall have right to occupy One hun dred feet East and West, and One Hundred and flfty feet North & South of the Common Lands adjoining the Ohio and Muskingum for the Term of Twenty Years from said flrst Day of March next and erect a House and Granary on said Land for accommodating the MiU. Resolved, that the Common Lands between the first Ravine north of the Point and the half square N" 74 and a small Lot on the Commons bounded Westerly on the Muskingum, Northerly on the be- forementioned Ravine, Easterly on Highway and Southerly on the Commons, extending to the Southerly End of Casey's Hutt," (except such part as will be included in the former Resolve for accommodating the Windmill) be leased at Ven- 78 Wanton Casey arrived at Marietta in 1789 ; owned two shares in Ohio Co.; appointed on important committees. The Records of the Original Proceedings 67 due for the term of ten Years from the first of March next: no Buildings to be erected on the West side of the Highway, and no buUdings on the East side of the Highway on the leased Lands are to be left standing at the Lease. The Rents io be paid on the first of March annually, and for nonpayment the Directors may re-enter upon the Lands and dispose of them to other persons. Ordered, That the Leasing the bef orementioned Land be advertised at Campus Martius, and be leased on monday next at four o'^clock p.m. And that the Directors shall have Liberty to erect any Defences on the leased Premises during the time they shall judge necessary for the Common Inter est, and that the Lessees be obliged to stockade at their own expense any BuUdings they may erect on the Premises if in the Opinion of the Directors it shall become expedient. At a Meeting of the Directors of the Ohio Com pany October 24'" 1788. Samuel H. Parsons -i Present Rufus Putnam I Directors James M. Vamum J Whereas the Survey of the Lands hath, by ad vice of the Governor an order of the Directors been discontinued since the 20'" of September last and the Directors judging it expedient to survey some further Tracts of Land within the purchase and soon as it shall be practicable ; Therefore Ordered Unanimously, that the north Line of 1^^ ^£"^the the fourth Range of Townships be run out Eigh- 4th Eange of 68 Marietta College Historical Collections Townships teen Miles West from the Seventh Range, and t« be run 18 A i miles West from that Termination a Ime shall be run South to^th'^Ohif to tlie Ohio: And the Lines of the Towns and Fractional parts of Towns between said north Line and the Ohio, and bounding East on the 7 Range, and West on the aforesaid West line be run and the Lots divided according to the Ordi nance of Congress. And that measures be taken to effect the same as soon as possible. Ordered: (Rufus Putnam Esq'' dissenting) That the Surveys now ordered; be done by Contract; under the orders of the Directors. Adjoumed to Tuesday 28'" of October. At a Meeting of the Directors of the Ohio Com pany November 3* 1788 Samuel H. Parsons -, Present Rufus Putnam lEsq'^^ James M. Vamum J Surveys to Resolved : That the Surveys to be undertaken Extend to ^y Contract at this time extend to the 5'" Town- the 5tii •' Township 11 ship iu the 11 Range. General Vamum dissents. Range Ordered that the Surveys be offered at two and ^giJ^D^i- a half DoUars per mile to the Surveyors formerly lars per mUe employed under General Putnam, and on their Refusal to such others as the Directors shall think expedient. Instructions -^^ ^ Meeting of the Directors of the Ohio Com- i'^en panv November 6'" 1788, ?ey- Ordered, That the following instructions be given to the Surveyors Viz. You being appoint ors The Records of the Original Proceedings 69 ed by the Directors of the Ohio Company a Sur veyor to run the lines of a Tract of Land within the purchase of the Company now ordered to be surveyed. Our instructions to you are that you in all things appertaining to that Business strict ly conform to the Requirements of the Ordinance of Congress of the 20'" of May 1785 entitled an Ordinance for ascertaining the mode of disposing of Lands in the Western Territory, so far as that Ordinance respects the surveys of said Land ; and to all other ordinances of Congress passed at any Time by which the surveying thereof is directed, or in any manner Effected — That the observa tions directed by said ordinances to be made you are exactly to describe and a fair Plat of the Country you shall survey with your Observations noted thereon you are to make, and your Plat so made, together with your Field Book and all ob servations made by you relative to the matters re quired by said ordinances ; you are to Deliver to the Board of Directors, keeping no Copy thereof nor are you to suffer any to be taken, any further instructions you may receive from the Directors in the course of executing these surveys you wUl pay a strict conformity unto. Ordered that an Oath be administered to each Form of an J.1 J! n • J TT" Oath to be surveyor m the following words Viz. administered You A, B, being appointed by the Directors of ^ ^^^^ the Ohio Company a Surveyor to measure certain parts of the Lands of the Company now ordered to be surveyed Do Swear that you will truly and faithfully discharge your Duty as a Surveyor, and 70 Marietta College Historical Collections that in the execution thereof you will conform yourself to the Ordinance of Congress relative to that subject, and to the instructions you have or may receive from time to time from the Directors of the Company, according to your best skill and judgment. Meeting of the Agents of the Ohio Company Eesolutionspassed in Boston Nov. 21st 1787 repealed. Preamble Campus Martius at Marietta the 3* of Decrl788, At a meeting of the Agents of the Ohio Com pany agreeably to their adjournment of Novem ber and Continued by adjournment to the 6'" of Febmary 1789, Resolved unanimously that the Resolutions of the Directors & Agents at their Meeting in Boston Nov"' 2P' 1787 so far as the same respects dividing to each proprietor in the Funds of the Company 116*Vioo Acres in the fractional Townships on the Ohio, 320 Acres in the Townships on the navigable Rivers & 992 Acres in the inland Towns, & also re specting the Reservations of three Townships as specified & expressed in said Resolutions be, & the same are hereby repealed. Whereas, in the opinion of the Directors & Agents it hath becomes necessary in Order to effect a Settlement on the Lands purchased by the Company, that some Alterations in the mode of dividing the Land to the Proprietor, as agreed upon in a former meeting should take place ; and that Donations in certain Quantities of Lands should be made to encourage Settlements in dif ferent parts of the Purchase in order to protect the inhabitants on the Lands to be allotted to pro- The Records of the Original Proceedings 71 prietors ; and the Directors & Agents unwilUng to take a measure which would so essentiaUy effect the Proprietors without first consulting them on the subject did notify a meeting of the Propri etors to be held in this City the first Wednesday of December Ins' to advise on the subject, at which time a sufficient nuinber of the Proprietors not appearing to Constitute a meeting, the same was adjoumed and at the meeting by adjournment there appeared by themselves & agents especially authorized 140 Shares which number being inade quate to decide on any measures, the following Vote was passed. Viz. That in the Opinion of the Proprietors present, the Agents of the Funds of the Company committed to their care to purchase Lands & pro mote a Settlement thereon should make such Dis positions of the Lands purchased as will most effectually promote a settlement upon the same — by Donations to Settlers not exceeding one hun dred Acres out of each share in the Funds. And that the Surveys of the Lands to the Proprietors should be in such manner as will in the opinion of the Agents most effectuaUy advance the Interest of the Proprietors — From which the Vote five only dissented, & the Agents deeply impressed with the necessity of the measure & convinced that the interests of the Proprietors can not be ad vanced in any other way, for Reasons before stated, when a meeting of the Proprietors was called, And as the Design expressed in the Articles of Association is to promote a Settlement on, as 72 Marietta College Historical Collections well as to purchase Lands for the Proprietors in the Funds of the Company. Lands to be Therefore Resolved unanimously that there Setters shall be granted to persons who shall settle in such Commee Places witMu the purchase as the Agents may Eufu^Put- think most conducive to advance the general In- nam, John tcrcsts of the Proprietors, & under such Restric- fin^Gr'een^ tious & Limitations as they shall think proper — Alexr. Oliver, ^ot exceeding 100 Acres out of each share of the Eobert Oii-' Fuuds of the Company ; & that a Committee be Meies Capt appointed to investigate the purchase so far as Dana, Nathn. may, in their Opinion be necessary in order to point out & fix upon proper Places of settlement, & make report Committee to consist of nine. Treasurer to Resolved that the Treasurer from time to time ter^Tt*of Se- draw the Interest of tlje Securities in his hands curities in (for the secoud payment) & hold the same subject to the orders of the Directors. Committee Resolved that there be a committee of three to reconnoitre" recounoitre the Land near the mouth of the great the Land Kauhawa, & report whether in their opinion it mouth of the will be proper to make a settlement there, & what hawa* ^^" quantity of Land may be advantageously divided to the Proprietors near that place, & that Hon"'° Judge Parsons Col. Archibald Crary & Gen' Ben jamin Tupper be the Committee — Wages of the Resolved that the Wages that shall be paid the to^b^'i^Doi- Committee who are to reconnoitre the Lands be lar per Day one Dollar per Day — Their provisions to be at their own expence — Report of The Committee appointed at the meeting of the tee appoint- Agents & Proprietors of the Ohio Company Dee' The Records of the' Original Proceedings 73 15'" to reconnoitre the purchase so far as may in ed to recon- their opinion be necessary in order to point out & purchase fix upon proper places of Settlement, — Report ^"f^^^f °° That they set out on the Business assigned them Settlement the 30'" of the same month and proceeding up the Duck Creek through the 3* Township of the 8'" Range & within 45 Chains of the Center of the 4'" — where they erected a post — They ascertained the general course of the Creek & reconnoitred the Lands on both sides, as far as they were able that they find the Creek large & affording good seats for mills in divers places that at and near the Center of both Townships the Lands are prop er for building VUlages and forming Settlements — That on the Duck Creek as well as many small er Creeks & Brooks (with which these Townships abound) are considerable Quantities of good in terval, and rich uplands — that the Hills in gen eral are not so steep & are of a much better qual ity than those which lie nearer the City — That within about Sixty Rods Eastward of said post iu N° 4 Township the Creek parts into two Branches of nearly equal size, either of which are sufficient ly large for Water Works of any kind, And the Lands lying within or beyond the Forks has a favourable appearance. On the 3* Ins' they proceeded up the West Branch of Duck Creek, a Northwest Course about one mile, then up a small creek about three quar ters of a mile, when they ascended a Hill & trav eled on a meandering Ridge about one & a half mile, the general Course N. W. — ^they then 74 Marietta College Historical Collections Steered W. N. W. about three mUes, crossing the Head Waters of Cats Creek & encamped on a hUl, as they supposed, about one Mile North Easterly of the Center of N° 4 Township in the 9'" Range, having crossed in the Course of the Day a good Hill Country watered with innumerable Springs & Brooks. On the 4'" their general Course was west about one mile & a half on high Land, then down a Val ley one mile to a fine large Stream of water which they take to be the one called by some floating Timber Creek & by others Clear Creek, and fall ing into the Muskingum about one mUe on this side the great Coal Bank — on this Stream are considerable Quantities of good Bottom Lands, but the Hills to appearance are not equal to those they passed over the Day before — they saw sev eral fine MUl seats on this Creek; & above & be low its junction with the Muskingum is a very large & excellent Bottom. About two miles below Clear Creek on the op posite side of the Muskingum they saw the mouth of a Stream which they take to be Wolf Creek, & from a Distant view of the Lands on the West side there appeared a good Situation for a making a settlement on both sides the Muskingum, be tween Wolf and Clear Creek, unless a Congress Lot should interfere, which for want of Provisions they had not time to fully to Ascertain, On the whole, the Committee are of Opinion that acres be given in Lot or mile square N° 13 in the 3* Township of the 8'" Range as an Encourage ment to make a Settlement, to erect a Saw-mill, The Records of the Original Proceedings 75 Com-mUl & other water works on qr near the; saime ; The Undertakers to enter into Bonds to erect said Mills within one Year from That in Township N° 4 in said Range, the Lots, or mUe squares, N" 15, 21, & 23 be given to such Associators as shall contract to make a settlement thereon, to perform such Duties, & be subject to such Forfeitures in case of Failure as the Agents and Proprietors shall agree on — Also, that Acres in Lot or MUe Square N" in this Township be given for erecting a Saw-Mill, Corn-Mill & other Water Works within. The Contractors to be under Bond as in the Case of erecting Mills in N° 3, Township above mentioned. With respect to any other Establishments the Committee request further Time to reconnoitre the Lands West of the Muskingum River which they will prosecute as soon as the Season & other Circumstances will permit. Which Report was excepted, And there upon committee Resolved that Judge Parsons, Gen' Putnam & Col. appointed to " ' prepare a Crary be a Committee to prepare a Draught of draught of the Terms & Conditions on which the Lotts N° 15, and*6o^- 21, & 22 in Township N" 4 in the 8'" Range shall ^°j\°°g be granted to Settlers contracting to make a Set- Lote No. is, tlement thereon, & also to consider & report what Towship number of Settlers are necessary to make an Es- No. 4 in the tablishment in said Township, & what quantities ghaii bf^ of Land are proper to be granted to each Settler g^xf,*®^ *° therein, & to prepare a general System for the Donation Lands. Resolved that General Tupper, Col. Robert OU- 76 Marietta College Historical Collections Committee yer '** & Major Coburn be a Committee to receive proposals for Proposals for Erecting Mills & other Water CTecting Works, pursuant to the Report of the Committee appointed to investigate Places for Settlements etc. And also to view the Lands in Township N° 3 near the Places proper for Waterworks, & to Consider whether a Settlement is proper to be made thereon & report. Report of The Committee appointed to prepare and report tee appoint- a general System for the Settlement of the Dona- ed to pre- tiou Lauds and the Terms and Conditions on pare a gen- . eral System which the Lotts N° 15, 21, 22 iu the 4'" Township tlement o^* ^^ the 8'" Range shall be granted to Settlers etc : the Donation Report That in their opinion the following Resolutions are proper to be adopted as they respect the Do nation Lands generally & said Lotts N" 15, 21, 22 in Township N" 4 of the 8'" Range particularly Viz: That all Donation Lands be granted sub ject to furnish High Ways free of Expense when ever wanted. 2* That the Settlers on such Lands be holden to the fulfilment of the following Articles. Viz: 1^' That within flve Years after their License to enter on such Lands, there shall be built on each share a Dwelling House, at least 24 feet by 18 & not less than 8 feet between Floors — a Cellar under the House at least ten feet square & 6 & % feet deep, with a Chimney of Stone or Brick in the House. 78a Robert OUver ( -1810); lieut. minute men, 1775; capt Doolittle 's reg., 1775; second cont. infan., 1776; third Mass., 1777; major, 1777-83; lieut.-col., 1783. The Records of the Original Proceedings 77 2* That there be set out on each share at least 50 apple or Pear-trees & 20 Peach Trees within three Years after the Settler shall enter thereon. 3* That each settler shall clear & put into Grass flt for mowing or pasture 15 Acres, & into Tillage for Com & other Grain 5 Acres within the Term of 5 Years after entering upon the Land — one fourth of which 20 Acres shall be cleared with in two years after entering upon the same, ' 4'" That each settler be constantly provided with Arms & Ammunition agreeably to the re quirements of the Law and shall pay an obedience to the Militia Law. 5'" That proper Defences be built & kept up on the Donation Lands as the Committee shall think necessary. That all expenses attending the Survey of Do nation Lands, & all costs arising in transacting the Business respecting the Lands be bome by the Grantees of such Lands, That a Committee of flve be appointed to re- [Committee ceive applications for Donation Lands, & to enter Lands] the necessary contracts with Settlers for carrying into Execution the foregoing Resolutions respect ing the Donation Lands, That any Settler on Donation Lands complying with the foregoing Requirements, & constantly maintaining on said Land a man able to bear Arms during the Term of five years, on each share he shall settle, be entitled to receive a Deed similar to those executed to the Directors by the United States, which Deeds the said Committee of flve are hereby authorised to give. 78 Marietta College Historical Collections That the said Committee of five may admit such Persons as Settlers as they shall judge wUl best advance the interest of the Proprietors until the first Day of October next — not exceeding two hundred in the whole — And any Proprietor de siring to settle his own share, shall have Liberty to retum his Name to said Committee with the number of shares he will settle, until the first Day of October next; after which time the Committee may admit such non Proprietors to settle the Va cant Shares of the Donation Land as they think proper. [Regulations And Whereas it may so happen that a greater Donation^ Number of Proprietors may apply within the Time lote] Limited as aforesaid as (with the Shares by the foregoing Resolutions to be given to Persons not being Proprietors) will exceed the number ex pected to be provided for under the Resolutions of the 15'" of December last appropriating cer tain Quantities of Land for encouraging Settle ment, and so be excluded, unless some further Provision be made : Therefore that any Proprietor applying as aforesaid within the Time limited shall have hb erty to take up in some suitable place to commence a settlement as the Agents & Proprietors shall or der, Lands in Quantity & Quality equal to the Lands taken up & settled by other Proprietors un der the said Resolutions of the 15'" December last, subject to the Performance of the same Duties, & under the same Conditions & Limitations as the other Donation Lands are subject to — Provided The Records of the Original Proceedings 79 the said Quantity of Land applied to encourage Settlements shall before that Time be taken up. — That no Settlements shall commence on the Do nation Lands in any Township before a sufficient number of persons shall appear to settle therein as in the opinion of the Agents & Proprietors shall be a proper security & Defence, That the Lots N" 15, 21, 22 of the 4'" Township of the 8'" Range, be granted to twenty Settlers who shall apply to & be received by the said Com mittee of five before the first day of February next — Subject to the same Conditions Limitations & Duties as the Donation Lands are by the fore going Resolutions subjected to — with these fur ther Conditions Viz: That the Settlement com- mence by the first of June next, and that they buUd their Houses & Defences in such Part of said Lots & in such Manner as the Committee afore said shall direct, by the first of September next & continue to keep up such Defences as the Commit tee shaU order during the Term of Five Years from the first of June, That said Committee give Notice of the order of Agents & Proprietors respecting Lots, and receive applications until the first of February next And if twenty persons do not before that time apply to take up the same, the Committee are Author ized to Contract with suitable persons to form a settlement thereon at their own expence on the Terms & Conditions before Provided — but the persons who may have, before said first day of Febmary, applied to said Committee to take up 80 Marietta College Historical Collections shares in said Lots, shall have Right to Join in such Contract if they choose — And the Applicants for said Lands shall agree about the mode & Pro portion in which the said Lands shall be divided before they shall be allowed to enter thereon. That in all cases where Proprietors or others suitable persons shall at the same time apply to the Committee aforesaid for the same tract of Land to be granted under the foregoing Resolu tions, the preference between the Applicants shall be decided by Lot, Whereupon resolved that the foregoing Report be accepted & Confirmed as Resolutions of this Meeting, And whereas it is necessary to estabUsh settle ments in different parts of the Purchase as soon as proper numbers for forming them, in any Town ship in which Lands shaU be granted for that pur pose do associate — It is Resolved That as soon as proper numbers to form a Settlement in any Township where Do nation Lands are granted, shall Associate & apply to said Committee, for the purpose the Places of Settlement shall be assigned to such Applicants, & the time of commencing settlement shall then be ordered. And the Proprietors returning their names for settling their own shares agreeably to the foregoing Resolves shall be holden to furnish a settler by the first Day of June then next follow ing; otherwise his share of the Donation Lands may be granted to other settlers. Resolved that the Committee for receiving ap- The Records of the Original Proceedings 81 plications from settlers &c, consist of Five and Committee that Judge Parsons, Major Goodale, M"' Griffin applications^ Greene, Gen' Tupper and Col, Robert Oliver be from Settlers the Committee, Resolved that the Directors execute Deeds to Directors to said Committee of Five similar to those they shall Deeds to the receive from the United States of all the Donation Committee and the Com- Lands — & to the Agents of the remaining Quan- mittee to the titles of the Lands in the Purchase — And the said ® ®'^ Committee shall execute similar Deeds to the set tlers of their several shares. Resolved That so much of the Lands in Town- i60 Acres of ships N" 1, 2, 3, 4 in the 8'" & 9'" Ranges & N" 1, 2, aMded" t^o^ a 3, 4, 5 in the 10'" Range as wUl amount to 160 f,^^''^,^ *^? ' ' ° 8th, 9th and Acres to a Share in the Funds of the Company, be loth Eanges divided as soon as possible. And that the neces sary Surveys be made as speedily as can be don((. And that the Division thereof amongst the Pro prietors be made by Lot in the City of Marietta the second Tuesday in March next, — Resolved that the Secretary make a Copy of the Secretary to Resolutions of the Agents & Proprietors respect- ^ttheSs^- ing the encouraging Settlers, passed the 15'" Ult: lutious re ft the Resolutions relative thereto passed this Day, coura'Jng^"^ & the Resolutions to make a Division, & the Time taveThe*" of Drawing and send the same to the Treasurer same Pub- directing him to cause them to be published in the nwspapers^ News-papers in New York & New England, for the information of the Proprietors, Resolved that a Committee to consist of Five be Committee appointed to report a System for allotting the repo^rTa Sys- Lands composing the Division of 160 Acres afore- ^j™ *°^g^"°*' 82 Marietta College Historical Collections Lands com posing the Division of 160 acres Preamble One mUe Square of Land granted to the Corn- planter Report of the Commit tee for allot- said, & that Gen' Parsons, Gen' Putnam, Major Goodale, M"^ Griffin Greene and Col, Crary be the Committee. Whereas the Gyantwachia or the Com Plant er'^ a Chief of the Seneca Nation has since the Treaty of Peace made in the Year 1784 between the United States & the Indian Nations in many instances been of great service to the United States — And the Friendship he has manifested to the Proprietors of Land purchased by the Ohio Company has been of particular service to them. — Therefore Resolved that one mUe Square of the Donation Lands be granted to the Gyantwachia and his Heirs for-ever in such Place as the Committee appointed to examine proper places of Settlement shall assign; & that the Duties, Conditions and Limitations required of other Settlers on such Land, shall in this grant be dispensed with — And the said committee of five are directed to give him a Deed accordingly. The Committee for allotting the Lands &c. Re port, That in their Opinion it wUl be proper to 79 Gyantwachia, "the Cornplanter," (1733(?)-1836) ; half- breed son of a trader, John O'Bail; a chieftain of Seneca tribe; bom at Conewangus on the Genesee and Uved in his town Jen- nuchsadaga on the lower Allegheny; participated with the French against Braddock; espoused the cause of the United States after the Eevolution and was of assistance at the Treaty of Fort Stan- wix (1784) and Treaty of Fort Harmar (1789). He seems to have valued this action of the Ohio Co. as an expression of good wUl and esteem. The effort to secure the presence of this noted chief on the Purchase did not have the expected result — if such was the purpose of the grant. The Records of the Original Proceedings 83 divide the same conformably to the following Pro- ting the visions. — which the Committee introduce in form of Resolutions — Viz : That in the Opinion of the Agents & Pro prietors, the Division of Lands agreed to be made by the Agents & Proprietors on the 17'" Ins' wiU so far divide the interest of the Concerned as to render their Lands of much less Value if the Shares are drawn promiscuously through the whole tract of Land to be divided. Therefore that the Directors & Agents be em powered to divide the Proprietors into ten Classes & to divide the Lands into ten Shares ; & each class shall be entitled to the share drawn against such class. And in order to do equal justice as near as may [Non-resi- be to the Resident & non Resident Proprietors; tors]^'^"^'^'*^ That in forming those classes some Resident Pro prietors shall in every instance be classed with the non Residents — And when the Lands to the Class es are thus Ascertained, A Draught shall be made by Lot between the Proprietors in such class for the Lots contained therein — except as in the fol lowing Resolve is Provided. Viz: That whereas it may so happen that in some of the Lands drawn for some of the Classes there may be so great a Difference in the Quality as to render a Division in equal Quantities unjust ; Therefore if in the opinion of the Directors and Agents such Cases should exist in any of the Lands drawn; it shall be in their Power to make those Divisions to Proprietors as equal as may be, by 84 Marietta College Historical Collections dividing greater Quantities of Land to some Lots, & less to other lots, to do more equal Justice — But all such Divisions shall be made & a Plat thereof presented to the Directors, before the Di vision amongst the Proprietors in such Class take place. The foregoing Report is accepted & confirmed & passed into a Resolution of this meeting. Resolved that Auditors be appointed to exam ine & adjust such claims as the Secretary has against the Company for his past services — And that the same mode be pursued in future for mak ing a Compensation for such services as he ren ders which shall not be otherwise Provided for, And that the Directors Draw on the Treasurer for payment. Books of Resolved That the Books of Records & other otti*e°/pa*ers P^P®''^ ^ Possession of the Secretary relating to to be open to the Concerns of the Company shall at all times be the Directors j. j.t. • j.- j? j.i -rw* i _ & Agents open to the exammation ot the Directors or Agents, & that such Copies as shall be necessary for the Directors or Agents being required by them; shall be made out by the Secretary & charged to the Company — And Copies made out for the private Use of Individuals be paid by the persons applying for the same. Secretary to Resolved that the Secretary of the Company game^sum^ shall rcceivc the same sums, for examining Ree fer examin- ords and for Copies from his Office as by Law the &c as the Prothouotary of the County may receive for the Prothonotary ggjjjg services, and no more. Auditors of Resolved that Col. Robert Oliver, Major Good- The Records of the Original Proceedings 85 ale, & Cap' Devol be the Auditors of the Secre- the Seere- , ™, . tary 's claims tarys Claims. Resolved That in all Divisions of Lands made Lands sub- or to be made to the Proprietors in the purchase ; lih Highways the same be subjected to furnishing highways in such places & at such times as shall be found nec essary without purchase — in the Proportions of Six Acres to every hundred acres. Resolved, That Griffin Greene '" Esquire be a gj^^"^ j,^ ^ Director in the Ohio Company. Vice Jame M. appointed Vamum Esquire, deceased. Director Resolved That no License be given to fence up No street or improve any of the Street grounds of this City be fenced the present year — Whereas a number of Persons did (the last Preamble year, previous to laying out & drawing the City Lots) By Permission, girdle and plant a Tract of Land known by the name of the great Cornfield, & others have since by leave from Agents taken up some House Lots therein, And whereas it wUl be for the Interest of the Proprietors in general & of this Settlement in particular that the same should be cleared and put into Corn &c. the en suing Season. Resolved that it be, & it is hereby recommended to all persons interested in said Field by girdling eo Griffin Greene, (1749-1804) ; paymaster first R. I. reg., 1777- 1778; merchant; buUt privateers; sold his business and migrated to Marietta, 1788; judge court of Quarter Sessions; on important Ohio Co. committees; made anchor for "St. dair," 1800; post master of Marietta, 1802 ; coUector, Port of Marietta, 1803 ; owned one share in Ohio Co. in partnership with WiUiam, son of General Nath. Greene. 86 Marietta College Historical Collections [Reguia- and planting as aforesaid & those who have ob- ceming"the tained Certificates for House Lots as Aforesaid; field*'?**™ ^^ divide the several squares contained therein amongst the concerned in Proportion to the Quan tity each one occupied the last year & the Labour done in Lots taken up as aforesaid by leave from Agents. That in Case the persons claiming Right in said Field do associate & apportion the several squares thereof agreeably to the preceeding Article, by the 2* Day of February that then the Agents may com- formably to each Division amongst them, grant Certificates to enter & clear the several House Lots in the same manner as by former Resolutions City Lots may be taken up & improved. That after the third Day of February the Agents may grant leave to any Persons who are not Occupants as aforesaid to take up such House Lots in said Field as shall not before that time be appUed for in Manner aforesaid. The right of Resolvbd that the Directors be requested to or- of theTands ^^^ ^^^ Right of improvement of the Lands Girdled &o. girdled &c* at the Expense of the Company to be pence of the sold at Vendue, & that the Purchaser be consid- soid^at*Ven^ ered in the same light as other occupants & treat- due ed accordingly. 7th Day of Resolved that the 7'" Day of April be for ever f'Day ^f ^^ considered as a Day of Public Festival in the Ter- Festivai an- ritory of the Ohio Company, As their Settlements in this Country commenced upon that Day — And that the Directors request some Gentlemen to pre pare an Oration to be delivered on the next An- The Records of the Original Proceedings 87 niversary.*' Rec* the Report of the Committee for Mills & other Waterworks &c* as follows — That pursuant to their Appointment they viewed ^^"coi^it- the Lot or mile square N" 13 in the 3* Township tee for MiUs of the 8'" Range & find that on or near the North waterworks Line of said Square is the only Place in the afore said Township suitable for the above Purpose, that a considerable Part of the square is rough ^ very unfit for Cultivation, that the Mills if built to answer any good purpose, will be very expen sive, therefore are unanimous of opinion that the whole of Mile Square N" 13 & one half (Viz.) the South or Southerly half of mile square N° 14 in said Township be given as an encouragement for the erecting of mills & forming a Settlement upon the following Conditions Viz : That there be buUt a good Grist MiU, and a good Saw MUl by the first Day of October next — such mills as the Commit tee appointed to superintend the Settlement of Donation Lands shall judge good & sufficient ac cording to the true intent & meaning of this grant, & to be kept in good repair for the term of five years & also that the grantees or undertakers put on said Land & Continue for the space of Five Years, Five inhabitants to buUd such Houses & 81 This was duly held on the 7th of AprU foUowing; an oration was delivered by Solomon Drown, M.D. The most important an niversary, that of the centennial celebration, was held AprU 7, 1888, with elaborate programs that attracted nation-wide atten tion. The proceedings form Vol. 2 of Ohio State Arch, and Hist. Soc. Quarterly. The centennial anniversary of the inauguration of Gov. St. Clair at Marietta and the estabUshment of civU govern ment was held July 15, 1888, one hundred years from the formal erection of the "Territory North West of the Eiver Ohio." 88 Marietta College Historical Collections make such improvements & under such Regula tions as are Pointed out by the general System of settling Donation Lands ; the Inhabitants to be on within one Year from next May. The time in which the Houses are to be buUt & the improve ments made; to be Limited by the Committee appointed to superintend the Settlement of Do nation Lands; the Undertakers & Proprietors to be considered as settling five Rights of Do nation Land & also to buUd such place or Places of Defense for the security of said MUls as the Aforesaid Committee shall judge suffi cient; & to constantly keep there Eight effective men equipt as the Law directs (the inhabitants when there included) the Term of Three years from the first Day of October next unless the Com pany should think it unnecessary & direct other wise Bonds to be given for the faithfiU Perform ance, Leave of Entry & Occupancy & the execut ing of Deeds, be agreeably, to the general System of SettUng Donation Lands. Which Report was accepted & passed into .a Resolution of this meeting. Adjourn- Adjoumed to Monday the 2* Day of March, then ™^° to meet at Gen' Putnams Chamber 3 "clock P. M. Information Previous to the adjournment the following Res olutions were passed and were Omitted by mis take they should have been entered previous to the Report of the Committee appointed to Receive Proposals for Erecting Mills & other Water- Works. &c* Co'^tteeto Resolved that the Committee appointed to re- report the ^^ The Records of the Original Proceedings 89 ceive Proposals for Erecting Mills & other water encourage- works & also to view the Lands in Township N" 3 may proper near the places proper for water works, report ^fji"^"^^*^^ the Encouragement which in their opinion may be necessary for adventurers to undertake the Busi ness — together with the proper Establishments. Resolved that Col. BatteUe, Col. Crary & Maj^ J^ouj^to Sargent be a Committee to lease the Public Lease the Squares (To Sam' H. Parsons, Rufus Putnam & squares Griffith Greene Esquires) the one on which the great Mound stands,*^ Quadranio & Capitolium for so long a time as they are not wanted for the Uses for which they were reserved — The Committee are to point out the Mode of improvement for Orn ament and in what manner the Ancient works shall be preserved & also to Ascertain the amount of what is to be given. Resolved that Col. Crary & M"' Sargent be added to the Committee for receiving Applications for Donation Lands &c^ &c* & that five of the Commit tee be empowered to do business a majority of which number shall be adequate to deciding on any Question of their commission. At a meeting of the Agents of the Ohio Com pany March the 2* 1789 & continued by Adjourn ment to July 6'" inclusive. The Committee ap pointed on the 15'" of December have for the Pur pose of investigating the Country so far as may in their opinion be necessary in Order to point out & fix upon proper Places of settlement Report 82 Later caUed ' ' Conus. ' ' 90 Marietta College Historical Collections Second Ee- That they set out a second Time on the Busi- Committee uess of their appointment the 7'" of February — JatiS'the' *^^* *^®y *ook the Route up the Muskingum River Purchase &c & beginning at the Head of the Eight Acre Lots they continued the Survey of that River till the Northern Boundary Line of the Fourth Township in the eight Range running west crosses — which they find to be in the twelfth Range, & forty eight mUes by Water from its mouth, Altho ' in a direct Line but twenty four miles, & thirty Chains, & only thirteen miles & three Quarters North, & twenty mUes & twenty four chains West in that Distance, that such of the Committee that were not immediately engaged in executing the neces sary Surveys were constantly employed in explor ing the Lands upon both Sides the Muskingum for several miles ; on which they find large Tracts of exceUent Interval or first & second Bottom and most delightfully watered with Springs and Riv ulets great Numbers of which are fit for Water Works of any Magnitude — The HiUs near the great Rivers are mostly steep which makes pass ing and repassing disagreeable, but the Soil on much the greater Part is very rich & clear of stones, excepting Ledges in some of them — That on the 16'" the Committee left the Muskingum River & continued the Survey of the aforesaid Northern Boundary Line across the twelfth Range — the last three MUes of which was a most agree able Country — That they then quitted the Sur veys & travelled Westward two Days crossing a fine Hill Country charmingly watered by Streams The Records of the Original Proceedings 91 all mnning to the Southward many of which are big enough for MUls — on which the Bottoms are very extensive & rich — That on the eighteenth they came upon the Head Waters of a Stream running West & S. W. 50 Links wide, the Bottoms Land very extensive & the Hills of gentle Ascent & rich in Soil — That the next Day about Noon they fell in with a Stream coming from the N West about seventy five Links wide & traversed this Stream nearly 5 MUes up, & found the Bottoms so wide that they eould not see to the Hills in many places, & the Hills fine. That the Intervals at & below the meeting of the Streams for two miles down the River are very rich & wide, & at this Place the HiUs on the West, & a Plain or second Bottom on the East making a narrow Passage for the Water (the Bottom & Banks of the Stream being lined with free Stone) a strong Dam may be made with Uttle Expense — a peculiar Tum in the River with a hollow Groxmd running across a Point of land, by which a short Channel may be cut, renders this the best Mill Seat, amongst many good ones, they have yet seen — The River here is about twenty two yards wide, & runs South nearly three Miles tUl it joins another River which is considerably larger coming from the N. West, up which for five Miles they observed extensive Interval Lands. Your Committee were now beyond without a Doubt on the great Hockhocking River, in the Fif teenth Range & a little South of a West Point from Fort Harmar : — The River at this Place is eighty 92 Marietta College Historical Collections yards wide & soon takes an eastern Course four or five Miles tUl a Creek from the N. E. of thirty yards Width falls into it — On this Creek they en camped having seen in the Course of a Day a more extensive level & rich Body of Land of first & second Bottoms than they have ever met with before — and the Hills as far as they examined, were in general of a good Quality. On the 21'^ Day Part of your Committee went down the Hock hocking eight or nine miles & retumed in the Evening finding the Lands below if possible better than those they saw before — the Intervals and level Uplands bordering on the River in some Places five Miles wide — They also found a good Fall for Mills near the Mouth of this Creek. — On the 22* they traveUed up this Creek N. E, about Five Miles, & found that it came through a most excellent Body of Land — its Course above appeared to be north & there is no doubt but it is made up of a CoUection of those Streams wliich they crossed on the 16'" & 17'" Inst, in their Wes tern Route. — from this Place they crossed over some dividing Ridges to the East & saw much good & some broken Land, & encamped on Waters running to the East. Early on the 23* Day they fell in with a Stream 40 Links wide coming from the North through a fine Body of Land — down this Stream S S East about 3 Miles is a fine MUl Seat, & one mile lower it falls in with another Stream about the same Width coming from the S West, where they take a N E Course, — Upon this last mentioned Stream are also flred Lands — They explored the Country three miles up. The Records of the Original Proceedings 93 On the 24'" they travelled East aU Day & about Noon crossed the congregated Waters of the Streams which they saw yesterday in a Creek 35 yards wide running into the Southward which of Course must in their Opinion fall into the great Hockhocking — 'The Lands under their Observa tions this Day were hilly, & some good & some of an indifferent Quality. On the 25'" Day continuing their Course East they crossed the 11'" & Part of the 10'" Range of Townships on Lands level or moderately hilly »*« finely situated for Farming. On the 26'" & in an Easterly Course they ob served the Country as they approached the Musk ingum & Ohio Rivers to become more & more brok en. In this Tour they have found Lime Stone & Pit Coal as Plenty in the Company's Purchase as Silver was in the Days of Solomon; They saw Iron Ore in Many Places (which is proved good by Experiments) but the State of the Ground pre vented their determining the Quantity — They also saw Quantities of yellow, blue, & red Ochres & several Minerals of which they have not yet as certained the specific Qualities — amongst which are AUum & Sulphur — On the whole, your Committee are of the Opin ion that the Country which they have seen West ward of the Ranges already surveyed — which they conceive lays in the 12'" 13'" 14'" & 15'" Ranges, far exceedes that which lays Eastward of it — Tho' even in this Tract there is a great Deal of Excellent Land which will afford several good Situations for making Establishments by Dona- 94 Marietta College Historical Collections tion Lands, as well as many fine Farms to the Pro prietors in the one hundred & Sixty Acre Lots, — The particular Places for making Settlements in the 9'" & 10'" Ranges, in two or three Instances, they have not yet been able fully to ascertain, but shall complete the Business in a few Days — In Regard to those they have already ascertained they beg Leave to propose the following to be adopted as Resolutions — That the S. W. Quarter of the MUe Square N" 33 of the 4'" Township m the 9'" Range — the MUe Squares N" 24 & 30 in the 4'" Township of the 10'" Range — The Mile Square N° 2, the S, E. Quarter of the mile square N" 3 — the mile squares N° 14, 19, 20 — The West half of MUe Square N" 21 — & the North half of MUe Square N° 27 — The Mile Square N" 28 — the North half of MUe Square N" 34 & the Mile Square N° 35 in the 5'" Township and 10'" Range amounting to nearly 5913 Acres exclusive of what is taken out of those MUe Squares & Parts of Mile Squares by the Muskin gum River — Also, in the Township lying in the 11'" Range & bounding East on the aforesaid 4'" Township of the 10'" Range The North half of the MUe Squares N" 18 & 24, and in the Township in the 11'" Range adjoining to these Lots on the North, & bounded East by the 5'" Township in the 10'" Range, the MUe Squares N" 4, 5, 7, 13, 19, 25 amounting to 4104 Acres exclusive of the Waters of the Muskin gum as aforesaid — amounting in the whole to 10017 Acres be appropriated and granted as Do- The Records of the Original Proceedings 95 nation Lands, to be contracted for & settled by such Undertakers as the Committee for settling Donation Lands shall agree with for that Purpose — conformably to the Resolutions of the Agents & Proprietors for settling such Lands belonging to the Ohio Company passed the 17'" Day of Jan uary 1789 — Provided that the aforesaid Commit tee shaU not grant more than one hundred acres to each settUng Right — That not less than twenty effective Men be permitted to commence a Set tlement — That they erect such Defences as the Committee shall judge necessary within the Time agreed upon by the Committee & Undertakers — The Time also for commencing the several Settle ments to be agreed on by the Committee & Un dertakers provided it be before the 1^' Day of September 1790 — And whereas these are several good Mill Seats within the Land granted for Settlement as afore said & the Erecting of Mills as soon as possible wUl be of great Utility to the Company, There fore That the aforesaid Committee for settUng Donation Lands to be empowered to contract with any Person or Persons they may think Proper to erect a good Saw Mill and Com Mill on the most convement Spot that may be found within the Lands before described, by granting him or them the said Mill Seat & such Lands adjoining the same, or elsewhere within the same Settlement, as shall be a sufficient Encouragement to erect said Mill — Provided the Grant exceed not three hun dred Acres — 96 Marietta College Historical Collections Which Report was accepted & passed into a Resolution of the meeting. Drawing the Resolved that the Drawing of the 160 Acre Lots Lots '^^^ be postponed to the 23* Inst: — Resolved that Judge Crary, Major Cushing & Griffin Greene Esq'' be a Committee to report at the next Meeting such Resolutions as they may judge necessary to be passed as Instructions to the Company Surveyors in making out & number ing the 10 Classes of Proprietors for the Division of 160000 Acres ordered to be made by the Reso lutions of the 17'" of January 1789, Resolved that there be granted Donation Lands upon the Ohio River Banks, Resolved that General Putnam, Col. Battelle & Col. Putnam be a Committee to prepare & draw up Instructions for the Committee of Donation Lands. The Committee appointed to prepare Instruc tions to be given to the Company's Surveyors for laying out the 160 Acre Lots Report, that they find it impracticable to make an equal Distribution of the Lands proposed as to Quality, & are therefore of Opinion that so much of the Resolution passed by the Agents & Proprietors the 19'" Day of January ordering the Division to be made equal in Quantity & QuaUty be repealed, & that the Surveyors proceed to lay out one thousand Lots of 160 Acres each (or as near that Number of Acres as possible from the Situation of the Land) without any Regard to Quality, or allowance for Rivers or Streams that may run through s* Lots. The Records of the Original Proceedings 97 Whereupon Resolved that the Clause in a form er Resolve allowing a compensation in Quantity for any Deficiencies or Difference of Quality which should be in the Division of the 160 Acre Lots, be repealed, & That it be divided according to the Report of the Committee received this Day. Resolved that Col. Crary, Col. Meigs, Captain Committee Ingersoll *^ Mr. Bacchus,** & Major Cushing be a the leo^fe Committee to superintend the Drawing of the 160 ^°^ Acre Lots — Which took Place accordingly & a List of the Draughts is lodged in the Secretary's Office. The Committee for investigating the Purchase &o* Reported in Addition to their Report that they are of Opinion the following is proper to be adopt ed as a Resolution Viz : That the MUl Squares N" 25, 31, & 32 in Town- '^^l[%^^ ship N" 1, 9'" Range — N° 1, 2 & 7 in Township thfcommit- N" 2, 10'" Range containing 2375.194 Acres be ^^es^^tSg granted to Associates, not exceeding 80 Acres to the Pur- each Share — And that the foUowing Lots & Parts *^ ^^ of Lots, Viz: N" 13, the South half of N" 14, Lots N° 19, 20, the South %'''' of N" 21, & Lot N" 25 in Township N° 2, 10'" Range containing 2294.76 Acres be also granted to Associates not exceeding 100 Acres to each Share — reserving out of the 83 George Ingersoll ( -1805); private, Gridley's reg., 1775; serg. Knox's cont. art., 1776; second Ueut. Stevens's battalion of art., 1779; first lieut., 1779-1783; Ueut. art. co. Belpre; society of the Cincinnati; lieut. art. bat. U. S. army, 1792; capt., 1794; maj. eighth reg., 1802-1804; owned one share in Ohio Co. 84 Elijah Backus (1759-1812); Yale; purchased Blennerhasset Island, 1792; sold same to Blennerhasset, 1798; ed. Ohio Gazette and Territorial and Virginia Herald, 1801; mem. Ohio senate, 1803; removed to Illinois, 1808. 98 Marietta College Historical Collections last Quantity not more than 480 Acres in Mile Square N° 21 for the Encouragement of erecting MUls— And that Lots N" 28, 30, 33, 34, 35, & 36 in Township N° 1, & Lot N° 31 in Township N° 2 in 10'" Range containing 2358,17 Acres be also granted to Associates not exceeding 120 Acres to each Share — And also that Lots N" 15, 21, 22, & 27 in Township N" 3, 10'" Range containing 2560 Acres be granted to Associates not more than 120 Acres to each Share; And also that the remaining Part of Lot N" 13, & the South Half of Lot N" 14 in Township N" 4 9'" Range containing 448 Acres be appropriated for the Encouragement of erect ing Mills — containing in the Aggregate 7475,287 Acres — Be granted & appropriated at Donation Lands to be contracted for & settled by such Un dertakers as the Committee for settling Donation Lands shall agree with conformably to the Resolu tions of the Proprietors & Agents for settling Donation Lands belonging to the Ohio Company, passed the 17'" Day of January 1789 — Provided that the aforesaid Committee shall not grant more than the Quantity specified in the several De scriptions of Lands as before mentioned to any one Share — That not less than Twenty effective Men shall be permitted to commence a Settlement together — That they Erect such Defences as the Committee shall judge necessary within the Time agreed on by the Committee & Undertakers — That the Time also for commencing the several Settlements be agreed on by the Committee & Undertakers — provided it be by the 1" Day of The Records of the Original Proceedings 99 October 1790, And that the Committee for settling Donation Lands take Order thereupon — The foregoing was accepted & passed into Resolutions of the Agents, Whereas it appears, that in making out the Plans for the Division of the 160 Acre Lots to each proprietary Share in the 8'" 9'" & 10'" Ranges agreeably to former Resolves of the Agents & Proprietors, the Surveyors were obliged (for Want of sufficient Quantities of Lands in those Ranges vrithin the Limits prescribed) to take into said Division Lot N° 27, Township 3* of the 10'" Range granted as Donation Lands — And the same not being yet taken up — Therefore Resolved that the said Lot N" 27 be not con tracted for as Donation Lands, but remain a Part of the 160 Acre Division agreeably to the Plan thereof made for that Purpose — And the Com mittee for settUng Donation Lands are hereby required to govern themselves accordingly, A Committee to whom was referred a Letter from Lieutenant John Pratt ^^ of that Garrison at Fort Harmar Reported That whereas the Agents of the Ohio Company at their Meeting in July last appropriated a cer tain Tract of Land containing about Ten Acres which includes the Garrison of Fort Harmar, ' ' To remain for the military Use of the United States 85 John Pratt; ensign fourth Pa. reg., 1779; Ueut., 1780; quar- termas., 1783; U. S. infan., 1786; lieut. first infan., 1789; capt., 1791 ; held two shares in Ohio Co. ; Major Joel Pratt was a share holder and mem. society of the Cincinnati; his relationship to John Pratt is unknown. 100 Marietta College Historical Collections so long as they shall be pleased to continue Troops in that Station" And Whereas, the Agents afore said at the Time aforesaid Resolved in the follow ing words ' * That the Officers of the Garrison of Fort Har mar who now have, or shall have Families there within the Space of one year, being now Proprie tors in the Company, may exchange, each one, a three Acre Lot by him drawn in the Commons for an equal Quantity as near the Garrison as may be, & m the Commons ' ' And it being represented that the whole of the said Ten Acres is not necessary for the Use aforesaid, & it also appearing to be the Inclination of the Officers in general who are entitled to make such Exchanges as aforesaid, to reUnquish the Privilege, provided they & the Offi cers &c^ who are Proprietors in the Company shall ' each one be accommodated with a House Lot with- House Lote in the Tract of Ten Acres appropriated as afore- side of said — Therefore That there be granted to the ^anw^™* Officers and Cadets of General Harmars Regiment who are now Proprietors in the Company, the Right of Reversion to so much of the said ten Acres as will amount to the Quantity of one House Lot to each Officer &c* of ninety Feet by one hun dred & eighty Feet — That as soon as the honourable the Congress of the United States by their Minister of War, or otherwise, shall Signify their Approbation of the Measure, there be laid out eighteen House Lots of the above Description, in such Manner as will be most agreeable to the Wishes of the Officers, leav- The Records of the Original Proceedings 101 ing the remaining Tract of the said Ten Acres in the best possible Form to answer the military Pur poses originally intended — Provided that any Of ficers entitled to exchange a three Acre Lot as aforesaid, shall relinquish such Claim before he be entitled to a House Lot to be laid out as afore said,*^ Resolved that the foregoing Report be accepted & passed into a Resolution of the Agents — And that the Directors take Order accordingly. Resolved that the Time for the Proprietors to retum their Names to the Secretary's Office, sig nifying their Intentions to settle their Proportion of the Donation Lands, which is now limited to the first Day of October next, be extended to the first Day of July 1790, & the Five Years within which the settUng Duties shall be performed agreeably to the general System of settling Donation Lands shall commence on the first Day of September 1790, or as much sooner as the Undertakers shall The Time agree, And the Undertakers shall be required to settlement commence their several Settlements within Six ^1^3°**^°° Months at furthest after the Committee for dis posing of Donation Lands shall give Notice in the PubUc Papers of Pennsylvania, New Jersey, New York, & all the New England States that the Lands are ready for them — Anything in former resolu tions to the contrary Notwithstanding. The Committee for investigating the Purchase Payment of „ , . _, . Expenses for &c* exhibited the Account of their Expenses m the Commit- 86 Fort Harmar was not maintained as &, government post; therefore above ratification was not made. 102 Marietta College Historical Collections tee for ex- that Busiuess, which was committed to M"' Bao- COT^fy*&c chus. Doctor Drowne*^ & the Rev* M'' Storey** to adjust — & they reported that there was due to said Committee for their Services, the Sum of three hundred and eighty two Dollars, one Dime eight Cents & Six Mill, which was ordered to be paid accordingly. House Lote Whereas the Houses built in Campus-martius, Campus Mar- by License of the Agents, to be held by the Per- to"be°8oM^^ sons building together with a Garden thereunto Also some of annexed for twenty years, are found on Experi- the Commons , . Aj.j.i-j.i_ij.-T-> ence to require more Attention to be kept m Re pair & in a State salubrious to the Inhabitants than will probably be used where the Property is not in the Possessor — And whereas, on Consider ation we are of Opinion that some Parts of the Common Lands within this City vriU best observe the Interests of the Company to be sold, being so situated & in Quantities so small as not to be an Object sufficient for a Division, & will probably be taken into Possession of some Persons & occa sion much Contention hereafter Therefore Resolved That the Directors be, & they are 87 Dr. Solomon Drown; Brown University; attended Greneral Varnum in his illness; pronounced April 7th oration; accepted chair of botany Brown University, 1791; owned one share in Ohio Co. 88 Daniel Story (1755-1805); Dartmouth; nephew of Judge Story; selected by Dr. Cutler under Ohio. Co. resolution (ante, p. 40) as first minister and teacher in Purchase; later served the First Eeligious Society to 1804; secretary of Ohio Cb. ; American Union lodge; owned two shares Ohio Co. in partnership. Major WUliam Storey was a shareholder in Ohio Co. and mem. of society of the Cincinnati; relationship not established. The Records of the Original Proceedings 103 hereby authorized to see the Interest the Com pany have in the Lands in Campus-martius on which Houses are built by private Persons & also in the Gardens annexed to the same, & also the Common Lands on the South Side of the Bridge below M' Prince's Hatter's Shop*" & North of the Road leading from the Point to Duck Creek ; being bounded on the Road now travelled to the Point and the Road leading from the great Bridge to M"^ Dennies®" House near the Ohio; — And also such Part of the Commons, joining the Road leading from the Point to Duck Creek, as are not in the Opinion of the Directors necessary to be retained for Highways — for such Sums as they shall judge reasonable — Provided however that in all Cases the owner of the Houses & Gardens under the former Votes of the Agents or of the Directors, & the Lessees of any of the Lands now ordered to be sold. And the owners of City Lots in Front of which any small Parts of Commons shall be sold, shall have the Right of Pre-emption of such Houses, Gardens, & Commons at the Price the Di rectors shall affix, And the Monies arising on such Sales shall be subject to the Orders of the Direc tors for defraying the necessary Expenses of the Company in the same Manner that the other Funds of the Company are by former Votes committed to their Charge. 89 Capt. Asa Prince occupied house No. 2 at "the Point;" sign painter by trade; it is said his route from New England to Ohio could be traced by his Black Horse signs on the taverns at which he stopped. 90 Ebenezer Denny held two shares in Ohio Co. 104 Marietta College Historical Collections Resolved that the Directors be authorized & re quested to ascertain as far as they judge neces sary, & the Funds of the Company will admit, af ter the Township Lines are run, the Quantity of Lands of nearly equal Quality in the different Parts of the Purchase especially near the great Rivers within the Purchase — to the End that a Division may be made amongst the Proprietors as nearly equal as possible. Whereas the Value of the Lands purchased by the Company will in the Opinion of the Agents be much increased by clearing the Lots & Roads in Marietta, And the Owners of Lots in the City wiU be particularly benefitted thereby — And in the present State of the Settlement it is in our Opin ion impossible to effect those Measures without caUing on the Proprietors for additional Taxes, or Appropriations of Property in the Purchase to effect those Purposes — And Wheeeas the small Parts of common Lands in the City of Marietta which by Vote of the Agents are ordered to be sold (not being an Object of Importance to make it necessary to divide them) & other parts of com mon Land within the Limits & near the City, & within the Divisions of Eight & one hundred & Sixty Acre Lots already made, are so circum stanced that very little, if any benefit, can be de rived to Proprietors from the same in future Time — We, are therefore of Opinion that the Purposes necessary to be effected for the general Benefit of the Company will be promoted by the present Appropriation of those Tracts of Land, The Records of the Original Proceedings 105 rather than by a Measure which would render a Tax on Individuals necessary, Therefore Resolved that the City Lots be taken up and Encourage- appropriated to Use on the following Terms, by clearing up any Persons who apply for the same, under the the City Lots Licence of the Agents or a Majority of them Pres ent in the City, or their Representatives — That the Lands, & half the adjoining Streets, so taken up shall be cleared within one year from the Date of the Licence or the Right of Possession become forfeited & may be regranted — That the Person to whom a City Lot has been drawn shall have Right to enter into occupy ^ possess his Lot whenever he calls for it, paying the Expenses of clearing the same, & the Expenses of fences & other Addition to the Value, by the Labour of the Occupier — The Occupier taking off his Crop — That in Order to ascertain as far as possible what Payments ought to be made & to render the Evidence of Lieencer certain; All licences to enter upon and occupy the Lots drawn to other Persons shall be registered in the Secretary's Office, And a Committee shall be appointed to estimate the Price which ought to be paid for clearing the Lands within the City in the different Parts there of — which shall also be retumed & Registered in the Secretary's Office — That all Licences which have been heretofore granted shall be void unless the Lands are cleared & registered by the first Day of July next, & that the secretary do notify this Resolution by posting 106 Marietta College Historical Collections the same on the Block House where Public Wor ship is attended — That the more effectually to promote the clear ing the Lands in the City, The Directors be em powered, and are hereby authorized to appropri ate such Parts of the Commons aforesaid (except those adjoining the Muskingum on the East) at a Value they shall judge proper, to the Payment of the Expenses of clearing said Lots, where the Occupiers shall prefer that Mode of Payment — In which Case the Proprietors of the Lots shall pay their Money to the Treasury — That whenever a Difference of Opinion arises between the Directors & the Possessors of the City Lots taken up under these Resolutions, re specting the clearing the Lands, The Directors & Occupants shall refer the Matter of Dispute to three indifferent Judges whose Opinion shall be conclusive. Adjourned to August the 6'" 5 "clock P. M. then to meet at General Putnam's Chamber Campus- Martius. At a Meeting of the Directors of the Ohio Com pany May 16'" 1789 Sam' H, Parsons Present Rufus Putnam -Esquires Griffin Greene Two Direc- Whereas it may frequently happen that not Competent more than two of the Directors may be resident Board ^^ *^^ Lauds of the Company, & the Business of The Records of the Original Proceedings 107 the Company may be necessary to be transacted there, & other Concerns of the Company may be necessary to be attended to in the old States where two Directors may be present — Therefore Voted & Ordered That where two Directors are present their Acts shall be to all Intents and Purposes valid as fully as the Orders of the Board where a greater Number of the Directors are present, not extending however to making any Order contrariant with any Resolves or orders made by the board where a greater Number of the Directors were present; & Orders drawn on the Treasurer & Accounts aUowed & settled by two Directors shall be held good. Ordered that General Putnam & M'' Cutler be, & they are empowered in Behalf of the Directors to make such Applications to Congress as shall [AppUcation be judged Proper to obtain Liberty to ex- ^ypXT change Lot N" 29 in the 2* Township in the 8'" and Oufler Range for other Lands or procure Congress to grant Lot N" 8 in said Township in Lieu of Lot 29, And to make such further Application as they shall judge expedient respecting an Establishment of Instructors in the University & procuring a Charter for that Seminary; & also to take Meas ures for the speedy Collection of the Monies due on Shares subscribed, & the same to pay to the Treasurer, & in Case any Share subscribed is not paid to the Treasurer they are empowered to dis pose of such Shares to the best Advantage & ac count with the Board — And they are further de sired to carry into Execution a Vote of the Direc- 108 Marietta College Historical Collections tors & Agents ordering a Plan of the City to be presented to the Minister of France & to request his Opinion of the Propriety of offering one of the Public Squares to the Disposal of the Queen of France ; And to act & do whatever is necessary for fulfilling the Contract of the Company, & to obtain a Deed of the Lands contracted for; & to do whatever they find necessary for the Interests of the Company on the East of the Mountains, & the Directors on the West have the same Power in all Concerns which respect the Company on the West of the Mountains. Appropria tion to be made for a Deed of the Company's Land Prices af fixed to Lands in CampusMartins June 15'" 1789 Sam' H. Parsons Present Rufus Putnam -Esquires Griffin Greene Ordered That Rufus Putnam Esq^ & M^ Cutier or either of them apply to Congress to receive the Sums now in the Treasury of the Company to wards the second Payment to be made by Con tract to complete the Payment for the Purchase; And also to receive the Application of the MiUtary Rights to be received in Payment ; on such Terms as they or either of them, judge proper ; & on giv ing Security for the Residue of the Purchase Monies to procure a Deed of the Lands contracted for. That the Proprietors of the Houses already built in the North & East Curtains of Campus- martius be entitled to the Purchase of the Lands, in Fee simple, on which their Houses stand & the The Records of the Original Proceedings 109 Gardens thereto annexed at the Rate of one Dime for each Square Rod; And in the South Curtain at the Rate of one Dime five Cents for Lands on which their Houses stand & Gardens annexed per Rod ; & those on the West at the rate of two Dimes per Square Rod Provided the present Proprietors or their Assigns apply & purchase within one year from this Date, That the House Lots not built upon in Campus House Lots Martius are forfeited and no Right of BuUding exists in the original Persons to whom Grants have been made, unless on future AppUcations a further Liberty should be granted. That the Lands ordered to be sold between M' ^<^^ ot Prince's Hatter's Shop & the Street running up Point the Ohio to Duck Creek by a Vote of the Agents the 12'" Inst, be sold at the Rates, and in Propor tions as follows — Viz : that Part which lies South ward of the lower Run or Ravine at one Dollar per Square Rod & that which is Northward & be tween the two said Runs at Six Dimes per Square Rod— Sam' H, Parsons \ Signed Rufus Putnam . I Directors Griffin Greene J At a Meeting of the Agents of the Ohio Com pany August 6'" 1789, & continued by Adjourn ments to Sep"' the 2P' of the same year — The Agents finding the Donation Lands in the 10'" Range, Township N" 3, Lots N° 15, 21, 22 an important Place to establish Settlements upon, 110 Marietta College Historical Collections DonationLands Granted Report of the Commit tee to ex plore the Lands near Kanhawa And Encouragement in the Lands already grant ed not being sufficient for a suitable Number of Persons to establish a Settlement in Safety — It is Therefore Resolved that four Lots be granted to Settlers in the 6'" Township 11'" Range as near to Town ship N° 3 in the 10'" Range as good Lands can be found for that purpose, & the Committee for ex ploring the Country shall ascertain the places where said Lots shall be granted — And that said seven Lots shall be granted to thirty eight Per sons associating for Settlement who shall be ap proved by the Committee & comply with the Res olutions of the Agents & the Committee respecting the same The Committee appointed to explore the Pur chase in the Vicinity of the great Kanhawa, & to consider & "report whether in their Opinion it will be proper to make a Settlement there, & what Quantity of Land may be advantageously divided to the Proprietors near that Place ' ' Report That in pursuing said Business they found that it was necessary to take a more extensive view of the Lands than those at & near the Kan hawa, & to embrace other Objects than those par ticularly pointed out in their Appointment, & from their own View & the fullest Information they have been able to obtain, They are of Opin ion that the Quantity of first & second Bottom on the Ohio between DevUs Hole Creek & the S. West Comer of the Purchase will exceed twenty six The Records of the Original Proceedings 111 thousand Acres — That the Bottom Lands oppo site the great Kanhawa tho' good Farm Lands are not Suitable to establish a Town to be divided amongst the Proprietors — That about three & a half Miles below the Kanhawa a Creek called Chicamaga Creek fails into the Ohio that this Creek leads a considerable Distance into the Coun try through a Body of very good Lands from whence the Communication with the Ohio by Means of the Creek vrill be easy — That the Lands near the Mouth of that Creek are suitable for building upon and in their Opinion a Town should be established at that Place to be divided to Pro prietors"' — that about seven Miles below this Place Racoon Creek falls into the Ohio; & about Ten Miles above the Kanhawa Leading Creek also falls into the Ohio — That the Heads of Devils Hole Creek (which empties into the Ohio about forty Miles above Leading Creek) of Leading Creek & Racoon Creek interlock at a considerable Distance back from the Ohio — & within the two latter Creeks & near the Head of the former are contained, by the best Information they are able to obtain, a very large Tract of exceUent Bottom & Farm Lands, which with a Continuation of the same kind of Land to the South & North of those Creeks (which they are informed is the Case) will contain more than two hundred thousand Acres, with few Intermptions from barren or unculti- 91 The fact deserves comment that the site of GaUipolis, given up later to the French emigrants, had previously been selected as the site of an Ohio Co. town. 112 Marietta College Historical Collections vatible Hills — That in Order to derive the Bene fits the Proprietors desire from that Body of Lands; it is the Opinion of the Committee that some further Donations in Lands on the Ohio, & in some Places at a Distance from the Ohio would be expedient to be granted — They take the Liberty to propose for Consider ation the following Places to be granted to Set tlers on the Ohio — & the Numbers they conceive proper to be established at each Place — Viz: That thirty five Settlers be placed at or near the mouth of Kygers Creek about four Miles above the Kanhawa — That thirty Settlers be placed near the Mouth of Leading Creek about Ten & half Miles above the Kanhawa; & that such Lots at those Places be granted by the Agents as they judge proper, as nearly equal in QuaUty to the other Lands as may be — And under all Circum stances the Committee are of Opinion that it will be expedient to grant for Settlement the long Bot tom so caUed, beginning a Uttle below "BeUe- viUe,'""'- Not having had opportunity since the Arrival of the Surveyors to examine their Minutes suf ficiently to derive the Information necessary to point out the particular Places where in their 92BeUvUle, W. Va., was settied in 1785 by Joseph Wood for WiUiam Tilton & Co. of PhUadelphia. The blockhouse waa completed in January, 1786. The settiement received additions iu 1796 with the emigration of George D. Avery with Con necticut pioneers. Jefferson's embargo in 1807 destroyed Avery's business which grown up during the ship building era, 1800-1807. The tract was a portion of Washington's survey of 1770 — J. M. CaUahan, Semi-Ceniennial of West Virginia, 39, 82. The Records of the Original Proceedings 113 Opinion Settlements would be proper to be made at a Distance from the River so as to stand in such Connexion with those recommended, as to de rive the expected Advantages to the Proprietors; & other more particular Information proper to be laid before you, they postpone a Report relative thereto, to a future Meeting. Whether the Donations, if any are made on the Ohio, shall be confined to the Proprietors, or granted generally is a Matter submitted to your Consideration. The Committee are also of Opin ion upon examining the Lands at the Mouth of the great Hochocking, it will be proper to divide a Town to the Proprietors at that Place, The above Report was accepted & resolved to be carried into Execution, Resolved that the three Places granted for Do nation Lands in the Report be given indiscrim inately to Proprietors & non Proprietors, Resolved that two of the reconnoitering Com mittee repair to the Place opposite "Belle- ville" voted for Settlement & determine an AUotment of the Lands there, & Number of Settlers — also to the Settlements intended near the mouth of Lead ing & Kygers Creeks & detennine the Allotment of Lands there. The consideration of any order Further En- relative to the Division of Towns agreeably to ^o^mXI^p- said Report was postponed to a future Meeting, on the Peti- Upon a Petition from Nathan Goodale Esq"' in than Goodale Behalf of himself & the Settlers on the Land be tween the little Kanhawa & Uttle Hochocking — Asking one hundred & Sixty Acres of Land ad joining to, & in Addition to what is already grant- 114 Marietta College Historical Collections House Lots Forfeited Oampus- Martius to be put in a State of De fence Money Loaned to John & Jo seph James ed, a further Encouragement for Building of MiUs near those Settlements; Col, Meigs & Captain Muroe °^ were appointed a Committee to view said Lands & report to the Agents — Upon Reports of this Committee it was Resolved that the 160 Acre Lot lying in Mile Square N° 14 Tovmship N° 1 in the 10'" Range be granted as a further Encourage ment to the Building of Mills in the "Bellepre" Settlement. Resolved That the House Lots granted in Cam pus-martius & not already built upon are forfeit ed to the Use of the Company. Resolved that Campus martius be immediately put in a proper Posture of Defense at the Ex pense of the Company, & that the Directors take Order accordingly. Resolved that the Consideration of a Paper from Winthrop Sargent containing his Sentiments upon the Sale of common Lands, agreeably to a Resolution of the Agents passed the 12'" of June last, And desiring that the same might be rescind ed — shall be postponed to the next Meeting Resolved that thirty four Dollars be loaned to John & Joseph James,"* upon their Petition which is on File, — They giving proper Security for Payment of the Money. 93 Captein Josiah Monroe was a native of New Hampshire; served during the Eevolution and was one of the original party of Marietta pioneers; served on important committees; first post master at Marietta; society of the Cincinnati. 94 John James, Senior and Junior, and WiUiam James are given in the printed records as arrivals in 1790; the above reference proves an earlier arrival — Hist, of Washington Co., 58; Marietta and Washington Co., 69. The Records of the Original Proceedings 115 The Motion of Winthrop Sargent for rescinding the Resolution of the Agents of the 12'" of June last authorizing the Sale of Public Lands was taken up & largely spoken to by Judge Parsons, & further Time granted for discussing the Matter & M"" Sargents Reply ; Which was made on the 29'" Inst : & together with the Introduction to the Mo tion lays with the Files of the Company — The Question being called & the Yeas & Nays required Judge Parsons for his own Bar low's, & Tallmadge 's Agencies Major White for his own Rev* M-- Cutler's, Capt, Dodge's & JSI"" Cutler's Agencies Col. Battelle for Col. May M"' Sproat for Col. Sproat Winthrop Sargent Gen' Tupper M"" Mathews for the Attorney of Gen' Putnam, Major Goodale And so it was determined in the Negative. Upon the Petition of Captain Enoch Shepherd'^ Resolved that a further Time be granted (to the first of September 1790) for Captain Shepherd to complete his MiUs upon the Waters of Duck Creek, He giving sufficient Bonds in the Sum of four hundred Dollars (within a Month from the 29'" of August 1789 to comply with the Conditions by the said P' of September 1790). 95 Capt. Enoch Shepherd, brother of General WiUiam Shepard or Shepherd of Shays' EebeUion fame, came to Marietta in 1789. His mill on Duck Creek was on the site of what was later known as Eobinson's MiU; owned one share in the Ohio Co. Motion of W. Sargent for rescind ing a Kesolu- tion author ising the Sale of Common Lands Shares 170 Nay 189 Nay 40 Nay 44 Ay 166 Ay 38 Nay 65 Nay 116 Marietta College Historical Collections Money Loaned to Izaal Stone Alterationproposed in the Direc tors Bonds Company 's Papers to be Lodged in Marietta Order for SpecialMeetings Eepeal of Vote for ap propriating the Commons toward clearing the City Upon the Petition of Izrael Stone"* Resolved That twenty Dollars be loaned him from the Funds of the Company agreeably to the Prayer of his Petition — He giving Security for the Pay ment thereof. A Motion of Winthrop Sargent that the Names of the Agents be inserted in the Bonds given by the Directors to the Agents of the Ohio Company, And that they become bound for the faithful dis charge of their Trust not only to the Agents but to their Executors Administrators & Assignees was postponed for Consideration to the next Meet mg. Upon Motion of Major White, Resolved that the Books & Papers of the Ohio Company in the Sec retary's Office remain deposited in the City of Marietta till further Orders. Upon Motion of Judge Parsons, Resolved that when a Major Part of the Agents shall find it necessary to have a special Meeting of the Agents, on their signifying that Opinion to the Secretary it shall be his Duty to give Notice to the Agents present on the Purchase to attend such Meeting, which Notice shall be sufficient for authorizing the Agents so met to proceed to Business eomform- ably to the former Votes of the Agents. Upon Motion of Major Goodale ; Resolved that so much of the Resolutions of the Agents of July the 6'" 1789 as relates to the Appropriation of the Common Lands, as an Encouragement to the clearing the City Lots be repealed. 96 Israel Stone and famUy evidently arrived in Marietta in 1789, not 1790 as given in Hist, of Washington Co., 58. The Records of the Original Proceedings 117 Resolved That Major White, Esquire Gillman,"^ Committee Major Goodale, Major Lunt, Col. Stacey,"* Griffin the Value of Greene Esq"' Cap' Munroe, Gen' Putnam & Col. ^^'^ts Robert Oliver be a Committee to ascertain the Value of clearing City Lots, three of whom shall be equal to Business, And when called upon it shall be at the Expense of the concern 'd, & their Award lodged & recorded in the Secretary's Office shall be deemed a Sufficient Voucher for the Occu pier of the City Lots to make his Claim, & demand Pay for Work done on said Lots, agreeably to the Resolutions of the Agents on the 6'" of July last. Resolved that Gen' Tupper be added to the re- ^^'^'^^/j^I '^^ per added to connoitering Committee. the recon- Resolved that the Proprietors shall have Liber- ^^^^^e ty to locate upon the Ohio River, downwards from the Settlements now formed. One Lot of one proprietors hundred Acres to each proprietary Share they to locate may hold (upon classing themselves agreeably to Eights upon the system of Settlement) & in such Places as g^^^o^etog shall be pointed out by the Reconnoitering Com mittee, & as equal to the Lands already granted to Proprietors for Donation Settlements as possible — or upon the Hochocking River; at their own Election, And that those Lands shall be granted & laid out to them as soon as may be after their Application to the Donation Committee for that 9' Hon. Joseph Gilman (1736-1806) was born in New Hamp shire; mem. N. H. committee of safety; migrated to Marietta, 1789; judge of probate, 1790; judge U. S. circuit court, 1796. 98 WiUiam Stacy ( -1804), major, Woodbridge 's Mass. reg., 1775; lieut.-col. Seventh Mass., 1777; taken prisoner Cherry Val ley; in captivity four years; came to Marietta, 1789; surveyor of the stockade at "the Point;" owned four shares in Ohio Com pany; society of the Cincinnati; American Union Lodge. 118 Marietta College Historical Collections Purpose — They giving Bonds to perform the set tUng Duties agreeably to the general System of settling Donation Lands. Eeport of The reconuoitering Committee made the foUow- the recon- • -¦-» _j. noitering ing Report. Committee ^e the Subscribers a Part of the Committee for investigating the Purchase so far as to point out proper Places for Settlements having exam ined said Lands hereafter mentioned beg leave to report that the foUovring Resolve be adopted — Viz : That Lands be donated on Ambersons Bot tom, & at or near old Town Creek in the P' & 2* Township of the 11'" Range — & at or near the little FaUs in the 1=' & 2* Township in the 12'" Range — Also the Lands lying on the Ohio from Kygers Creek Donation to Chicamaga Creek; un less the Town intended to be laid out at Chicama ga Creek should be laid out opposite the Mouth of the great Kanhawa — Also hands lying up the great Hochocking River in such Places as shall best form the Chain for securing the Settle ments in the Purchase not less in Quantity than will accomodate sixty Settlers — All which is sub mitted to the Consideration of the Agents & Pro prietors of the Ohio Company. Signed Benj" Tupper Griffin Greene Nathan Goodale Retum J. Meigs The foregoing Report was accepted & passed into a Resolution. The reconnoitering Commit tee was also reported as follows Viz: We the Subscribers a Part of the Committee The Records of the Original Proceedings 119 for investigating the Purchase so far as to point out proper Places for settlements having examin ed the Lands in the Big Bottom so called, lying on the River Muskingum, beg Leave to report the following Resolve, to be adopted — Viz: That the South half of MUe Square Lot N° 18, & the South half of Mile Square Lot N" 24 in Tovmship N° 7 in the 11'" Range be granted in Addition to a former Grant of the Lands on said big Bottom, to the Associates for the same, not exceeding one hundred Acres to each Share — Signed Griffin Greene & Nathan Goodale The foregoing Report was accepted & passed into a Resolution. Col, Sproat & Col. Battelle were appointed a Committee to ascertain the fees to be paid for recording of Certificates of Permis- Fees for re- sion to occupy and to clear the City Lots & re- oirtififatea ported as follows That they had attended to the °^ ^^™^' Business & found that there must necessarily arise ciiy Lote to the Secretary more trouble than in Common Records, as the Certificates would probably be handed in at various Times & always demand his immediate Attention ; That in Order to render his Books as inteUigible as they ought to be to Pro prietors whose Lots are to be cleared & occupied under your Resolutions, He must, in Addition to a Record of each Certificate, keep a Book with a distinct Columns, in which should be entered for every Share taken up, The Proprietors Names — The Names of the Occupiers — The Numbers of the Lots, & a general Index at the End of each 120 Marietta College Historical Collections Name shevring the Page where the particular Cer tificate is recorded — They were therefore of Opin ion that twenty five Cents should be paid for the recording of every Certificate for a single Lot, & two Cents for each additional Lot comprehended therein Signed E. Sproat E. BatteUe Which Report was accepted & passed into a Resolution. Resolved that the Block Houses in the East & North Angles of Campus-martius And the one in the West (so far as may not interfere with its tion'^of "hree appropriations for ReUgious Purposes) be for the Block Use & Accomadation of Settlers coming on, They paying such a Rent as may be determined on, and that they shall not be allowed to remain longer than one Month in Possession after Entry, if said Houses should be wanted for new Comers — un less from some extraordinary Circumstances their longer Continuance may be deemed necessary; And the Secretary is directed to publish this Res olution. Eesoiution At a Special Meeting of the Agents of the Ohio upon Ml- Company Sep' 22* 1789 called by Desire of M' Petition for Matthews to take into Consideration his Petition compensa-^^^ that he might be reimbursed his expenses while sustained by he was prosccuting the Surveys of the Company, from the In- having had the Misfortune to be a great Sufferer surveying"^ from an Attack of the Indians in which he had lost all his Field Notes & become incapacitated The Records of the Original Proceedings 121 from deriving any Compensation for his Surveys thereby. The Petition of M' Mathews being considered, Resolved that the Agents could not grant the Prayer thereof. At a special Meeting of the Agents October 26'" and continued by Adjournments to the 2P' Nov'' inclusive — To inquire into the Causes which have prevent ed the Execution of their Resolutions of the 24'" of August last for putting Campus martius in a defensible State, and Also to act relative to fur ther Division of Lands to the Proprietors in the Company. M' Griffin Grene, the only Director present be- Defences of p .1 T« , Campus- mg called upon to account tor the Delay m carry- martius ing into execution the Resolutions of the Agents of the 24'" of August last for putting Campus- martius in a State of Defense, Informed the meet ing That the great Scarcity of Workmen & En gagements of the Directors in the Completion of the great Bridge had hitherto prevented, And gave the Assurance that the Work would in all Probability be entered upon immediately, & ex ecuted as soon as possible. Upon Return from ]^®*""? °^ the Donation Committee made by Order of the Lots Agents, of the Number of Proprietors already ac comodated with Donation Lots, amounting in the Total to one hundred & twenty It is unanimously Resolved that Six of the re connoitering Committee with the two Surveyors 122 Marietta College Historical Collections shall immediately proceed to lay out upon the Ohio River dovrawards from Ambersons Bottom Eight hundred & Eighty Lots as nearly equal as possible in Quality & Quantity to those which have been heretofore allotted to Proprietors with prop- Lots ordered er Encouragement for Mills — And they are here- out for Pro- by directed in Case there should not be a Sufficien- P""^®^" cy of good Lands upon the great River for that Ohio and purposc, to Complete the given Number of Lots wHh^E^^ upon the great Hochocking, having Regard to couragement Quality as nearly as may be — And they are to re port to the Agents as soon as they have Executed the Business — And thereupon the Proprietors in the Company who may associate & class them selves at any Subsequent Time, shall be entitled to take up one Share for each Proprietary Right they may hold in the Company — beginning at the last Settlement or Location which may be then made upon the Ohio, or upon the Hochocking Riv er, (at their own Election) They giving Bonds for the Performance of settling Duties, agreeably to the general System for Donation Settlements, Mr. Resolved that M'' John Matthews be added to toe**e:^iorg *^^ recounoiteriug Committee. Committee Whereas in the Opinion of the Agents it is very much for the Interest of the Proprietors at large that all the Lands of the Purchase should be di vided & alloted as immediately as may be — And in Order to accomodate them generally by the Option of classing as they may think proper, & drawing their Rights or Shares (where they may possess more than one) either together in Con- The Records of the Original Proceedings 123 tiguity — or by detaching & annexing them to dis tinct Classes or Divisions (at their own Election) to give them the greater Chance of Varieties in Soil & Situation. It is unanimously Resolved That as soon as the Exploring Com- J^"i^^*®. mittee shall have appropriated the Lands for Do- vision of nation Settlements in Quantity sufficient for all ^^^^ the Proprietors — Winthrop Sargent, Joseph Gihnan & Retum J. Meigs Esquires are hereby appointed a Commit tee for that Purpose, shall immediately make out on a large Scale, a complete Map or Plan of the whole Purchase from the best Informations which they may be then able to obtain — Expressing all the Lands of the Eight Acre, three Acre, City Lots & Commons — one hundred & Sixty Acre, & Donation Lots — the reserved Lots of Congress, School Lots & Lots appropriated for religious Purposes — Also the two Townships given by Congress for an University, & the Towns or Sit uations for Towns to be reserved by the Com pany for a future Allotment — That all the residuary Lands shall be, by them the said Committee of three, divided & numbered upon Paper into forty equal grand Divisions of twenty five Shares each, as like in Quality as may be : That each Grand Division be divided into five Subdivisions of five Shares each, & each subdivi sion into five Sections of single Shares — That as soon as this Map or Plan is completed, the Agents will form or class their Subscribers (who shall not previously class themselves) by 124 Marietta College Historical Collections Sections or single Shares, into Subdivisions of Five, & Grand Divisions of twenty five & imme diately proceed to drawing by Lot for said Lands by Grand Divisions, Subdivisions & Sections That in all Draughts of Subdivisions (into Sec tions) which may be made up of Proprietors hold ing four three or two, & single Shares, It shall BE the Usage for the greatest Proprietor or Hold er of the greatest Number of Shares to take his Lands in Contiguity, by lot, either in the South- em or Northern Part of the Subdivision, where they shall be numbered from South to North — AND in the Western or Eastern, by Lot also Where they may be numbered from West to East — and where Subdivisions may be made up of two Pro prietors of two Shares each, and one of one Share the two greatest Proprietors shall receive their Sections by Lot, either in the Southern or Wes tern Part of the Subdivision. Arrange- Resolvcd that the beforenamed Committee be Draught' by" directed to prepare the Names And Numbers & Lot make all the necessary Arrangements for the in tended Draught. Eeturns to Resolvcd that previous to the Drawing for this with the Ultimate Grand Division of Lands there shall be Secretary Returns of the Proprietors as they may be classed by the Agents (or otherwise) lodged in the Secre tary's Office — & it is Recommended in all Cases to consult the Inclinations & Interests of the Pro prietors in the Order of classing. Drawing to Resolvcd that the Agents will give public No- tized tice of the Time & Place of Drawing, & that there be two Persons no Ways interested in the The Records of the Original Proceedings 125 Draughts, who shall be sworn to the faithfuUy Drawing out the Names and Numbers from the Boxes, And who alone shall be employed in this Business For the Draughts of Grand Divisions, Subdivisions and Sections. Resolved that the Secretary cause the forego- Eesolutions ing Resolutions to be published in the News pa- uahed^^ pers of New York & the New England States as soon as possible to the End that the Proprietors at large may have the Option of classing them selves as they may think proper — And they are hereby requested to do so — & to express them selves upon this Subject either to their respective Agents, or by Information in Writing addressed to, & to be lodged with the Secretary at his Office in the City of Marietta, previous to the first Mon day of March upon which Day it is expected the Division will take Place. Proposals from the Surveyors for entering Surveys to upon the Business of their Profession was taken up, & it appearing essential to the Agents that it should be immediately pursued — It was Resolved that the Directors should enter into Contract vrith them at their Price (three Dollars & one third per Mile) for running the Remainder of the Township Lines in the Company's Pur chase. Resolved that the reconnoitering Committee or- Situation of dered out by the Doings of this Meeting, shall de- Towns to be termine the Situation & Boundaries of the two ^^^ ''P"" Towns to be laid out at the Chicamaga & Hoc hocking — Resolved that the Secretary of the Company, 126 Marietta College Historical Collections Governor 's House & Lands Transfers of when the Evidence of the Sale or Transfer of any Share or Shares having been made, shall be pro duced to him, record the same in the Company's Book — And by such Mark as he shall think proper note the same against the original Propri etors Name, together vrith the Page where such Transfer is recorded — And that the Mark he shall chuse to denote a Transfer be explained in the Begining of the Book where the Names of the Original Proprietors are recorded — And that all Transfers shall be at the Expense of the Persons requiring them. Resolved that M' Gillman, Col, Sproat, Col, Meigs M'' Story & M"" Greene be a Committee in Behalf of the Ohio Company to wait upon his Excellency the Governour immediately upon his Arrival & inform him of the House prepared for him, & request his Acceptance thereof — They are also to attend to the clearing & putting it in prop er Order — And said Committee are also to fur nish his Excellency with a Copy of the Resolu tions of the Agents appropriating certain Tracts of Land to his Use & Benefit, A Committee upon the deficient Shares in the Ohio Company & the Measures to be taken there on Report That by an Account stated by Richard Platt Esq' Treasurer to the Company there ap pears to be due from the several Agents therein mentioned the Sum of two hundred ninety two thousand & thirty two Dollars & 80/90'"^ of a Dol lar in Paper & the Sum of three thousand nine hundred seventy two DoUars & Fifty nine nine tieths of a Dollar in specie In this Statement no Delinquencies in the Treasury The Records of the Original Proceedings 127 Credit is given for Military Bounty Lands which by the Contract with Congress was allowed to be one seventh part of the whole Sum & amounts to 142,8571/7 Dollars — this Sum subtracted from the Balance due in Paper leaves the sum of 149,- 175 Dollars & 67/90'"^ — The Committee recom mend that the Agents present furnish the Direc tors present with complete Lists of the Subscrib ers who are delinquent in whole or in Part, & that Copies of these Lists be transmitted to Mess" Putnam, & Cutler, & that they be requested to caU on the Agents in the Eastern States for like Lists of delinquent Subscribers in their Agencies & that Retums of they forward the same to the Directors present eies to be as soon as may be, to the End that the real Pro- ™^^® prietors may be knovm if possible before the Di vision of the Lands is made. The Committee further recommend that Mess''' AppUcation TOT T)(*fifi Putnam & Cutler be fully empowered to apply to of Lands Congress for a Deed of the Lands contracted for by Cutler & Sargent, in Behalf of the Ohio Com pany, on such Terms as they may think more con ducive to the Interest of the Propriety, The foregoing Report was accepted & approved And thereupon resolved that the Secretary shall transmit a Copy thereof to Mess" Putnam & Cut ler vrith the Returns of DeUnquencies in Agencies present, in a Letter to be laid before the Agents & Proprietors for their Concurrence, Upon Motion of Winthrop Sargent seconded by statement Col. Sproat, that M' Griffin Greene the only Di- caUed"for rector present on the Purchase be requested to Shares 204 Ay 44 Ay 40 Ay 128 Marietta College Historical Collections make a Statement of the Ohio Company's Money Affairs in Writing to the Agents at their next Meeting, from the best Informations which he now has, or can by that Time obtain — to enable them to judge how far their Resolutions for exe cuting the Remainder of the Company's Surveys can at present be performed. And on the Question to agree to this Motion the Yeas & Nays being required Winthrop Sargent for himself & Gen' Tupper Col, Sproat , , , . CoL BatteUe for Col, May Major White for himself M, Cutler, J, Dodge & E. Cutler 189 Ay M"" Griffin Greene for Sam' H. Parsons 170 No And it was determined in the Negative, More than five hundred Votes or Shares being neces sary in any Business of the Company except Ad- joumments from Day to Day. .^^^, ^^,^ ^^g^ statement Nov'' 14'" 1789 a Motiou was made by M'' Griffin Greene as a Director (seconded by Major White) that he may lay on the Table a Statement of the Funds of the Ohio Company from the best In formations which he now has, And it was unani mously Resolved in the Affirmative & being called up by Col, Meigs, in Behalf of Col, Sproat, was read & ordered to be put on File. Upon Motion of Winthrop Sargent that all the Books & Papers of the Ohio Company in the Pos session of the Directors shall at all Times be open The Records of the Original Proceedings 129 to the Inspection of the Agents, And that the Agents jointly or severally have the Right to call upon the Directors whenever they may deem it necessary for a Statement of the Company's Funds, which shall be made out from the best Documents then in the hands of Said Directors, or which they may be able reasonably to acquire for the Demand — And the Yeas & Nays being Re quired Haffield White for himself M. Cutler J. Dodge & E. Cutler 189 No Griffin Greene for Sam' H. Par sons Col, Meigs for Col. Sproat General Tupper Winthrop Sargent . Charles Greene for Col. Bat teUe 40 No in Behalf of Col, May Major Goodale for General Put nam 65 No And so it passed in the Negative, Upon Motion of Major White, seconded by General Tupper, It was unanimously Resolved that the Directors of the Ohio Company shall make out a particular Statement of the Funds of the Ohio Company & lay the same before the Agents on the 1^' Monday of March 1790 — noting what Sums of Money have been paid into the Hands of the Treasurer — Also what Sums have been drawn out & to what Purposes they have [Quarterly been applied— And that in Future They shall frSf' 170 No 44 No 38 No 166 Ay 130 Marietta College Historical Collections make out regular Quarterly Statements as before specified — if it be required by the Representa tives of two hundred Rights or Shares, Col Oliver a Upou Motion of Winthrop Sargent the Agents present representing seven hundred & twelve Shares proceeded to the Choice of another Direc tor agreeably to the Articles of Association & the Ballots being taken Col, Robert Oliver was elected. At a special Meeting of the Agents Nov'' 23* 1789, Resolved that Commodore Whipple"' & M' Casey be added to the Donation Committee, & that Five of the said Committee shall be equal to trans acting all Business of their Department — And where a greater Number shall be assembled, Ques tions shall be decided by the Majority — Resolved that no Business coming before five of the Donation Committee (where they may not be unanimous) shall be decided upon until the whole of said Committee upon the Purchase can be noti fied thereof & a reasonable Time allowed for their Attendance — after which a Decision may be made by the Majority — Resolved that the Agents acknowledge M"" 99 Abraham Whipple (1733-1819) native of Providence, E. I.; in West India trade; commander of party that bumed the "Gas- pee," 1772; commander of the "Providence," 1776; commander of the "Columbus;" commander of American fleet off Charles ton, S. C, 1779; retired, 1782; migrated to Marietta in 1789; owned two shares in Ohio Company; commanded the "St. Clair" and sailed to West Indies, 1801; pensioned by congress, 1811; society of the Cincinnati. The Records of the Original Proceedings 131 Charles Greene^"" as the Clerk of the Donation Committee. At a Special Meeting of the Agents NoV 25'" information 1789 Called at the Request of M"' Griffin Greene Green of one of the Directors of the Company — Monies un- ^ •' accounted M'' Griffin Greene the Director represented to for in the the Meeting that by Col. Stacey who has arrived j^gg p^r- here this Day, he is informed that Judge Parsons sons one of the Directors of the Ohio Company (sup posed to be deceased) rec* from him up the River Fifty half Joes ^"^ & some Guineas which were de livered to said Stacey by the Treasurer of the Ohio Company in New York as Company Money to be paid either to Judge Parsons or himself as Directors — Also that Judge Parsons in coming on from New York in the last Winter accompanied by General Butler''"^ being charged with Com pany Monies put into his, the said General Butlers possession about two hundred & Fifty Dollars, for the greater convenience, as Judge Parsons in formed him, of bringing it on; taking his Receipt therefore — which Receipt was lodged with the Directors at this Place by Judge Parsons & taken up again when he last went up the River for the purpose of obtaining the Money upon which 100 Charles Greene, native of Ehode Island; migrated to Mariet ta, 1788; merchant firm of Greene and Meigs; owner of the "St. dair;" removed to Cincinnati; owned one share in Ohio Oo. 101 A Portuguese gold coin valued at from eight to nine doUars. 102 Eichard Butler ( -1791); rose from capt. second Pa. battaUon, 1776, to maj.-gen. U. S. levies, 1791; kiUed near Ft. Eecovery, 1791; society of the Cincinnati. And Advice from the Agents thereupon [Property of Judge Parsons or dered attached] 132 Marietta College Historical Collections Matters M' Greene requesting the Advise of the Agents They unanimously recommend to him for his own, & the security of the other Directors (whom they will hold jointly & severally respon sible for all the Company Monies) that he should attach Property of the honourable Judge Parsons deceased whereever it may be found to the full Amount of any & all the Sums which he may sup pose to have been in his Hands not properly ac counted for agreeably to the Association of the Company & Rules or Regulations of the Directors & Agents. At a Special Meeting of the Agents of the Ohio Comp^ Dec' 21^' 1789 It was Resolved that Col. Meigs & M' Dudley Woodbridge'"^ should be added to the Donation Committee — And that Commodore Whipple be of the reconnoitering Committee, Vice M'' Matth ews who has resigned his Appointment in said Committee — End of Vol. I 103 Dudley Woodbridge, native of Norwich, Conn.; lawyer by profession; migrated to Marietta, 1789; general merchandize; judge court of common pleas; in partnership with H. Blenner- hassett; on important Ohio Co. committees. YALE UNIVERSITY LIBRARY 3 9002 01494 5472 PisraMa ¦ill 'Hi i I niiR Ss';*'^- I/!..