History of Athens County, Ohio - 109 CHAPTER IV. From 1797 to 1805. THE first permanent settlement within the present limits of Athens county was made in the early part of the year 1797 (eight years before the organization of the county), at the site of the present town of Athens. At this time the state of Ohio was practically an unknown region, and from the river to the lakes was almost an unbroken wilderness. Cincinnati had been laid out, on paper, a few years before, but waS not settled till 1789, and did not begin to be a growing village till 1802. The sites of the cities of Columbus, Cleveland, etc., had not been thought of. The settlements on the Ohio Company's purchase and about Cincinnati, in the Miami valley, comprised nearly the whole population of the northwestern territory. The treaty of Greenville, and the cessation of the Indian war, removed the last obstacle to the peopling of this extensive region. The active spirit of emigration, restrained during the years of hostilities, was now set 110 - From 1797 to 1805. free, and the living column began its westward movement with an impetus that was destined Steadily to increase till the whole vast area should be possessed and populated. Every part of New England furnished its quota, and New York and Pennsylvania contributed to Swell the tide of emigration as it rolled across their borders to the promised land of the West. "Never," says an early writer. "since the golden age of the poets, did 'the syren song of peace and of farming' reach so many ears, and gladden so many hearts, as after Wayne's treaty at Greenville in 1795. The Ohio, as it was called, seemed to be, literally, a land flowing with milk and honey. The farmer wrote home of a soil richer to appearance than can possibly be made by art ; of plains and meadows without the labor of hands, sufficient to support millions of cattle summer and winter;' of wheat lands that would vie with the island of Sicily ; and of bogs from which might be gathered cranberries enough to make tarts for all New England; while the lawyer said that as he rode the circuit, his horse's legs were dyed to the knee with the juice of the wild strawberry. At that time the diseases and the hardships of frontier life were not dwelt upon ; the administration of Washington had healed the divisions among the states; the victory of Wayne had brought to terms the dreaded savages; and as the dweller on the barren shore of the Atlantic remembered these things and the wonderful facts, in addition, that the inland garden to which he was invited was crossed in every direction by streams even then counted on as affording means for free commercial intercourse, and that it possessed besides nearly seven hundred miles of river History of Athens County, Ohio - 111 and lake coast, the inducements for emigration became too strong to be resisted ; the wagon was tinkered up at once, the harness patched anew, and a few weeks found the fortune seeker looking down from the Chestnut Ridge or Laurel Hill upon the far-reaching forests of the West." During the year 1796, nearly one thousand flatboats or " broadhorns," aS they were then called, passed Marietta laden with emigrants on their way to the more attractive regions of southwestern Ohio. Reports as to the comparative Sterility of the lands of the Ohio Company's purchase had been widely bruited, and, at that time, were generally credited. Yet, though thousands passed its barren hills Scoffing as they guided their keels to the richer regions about the Miami, its progress in population, etc., was of the most encouraging kind. Those who stopped here were willing to work hard and content to earn independence and moderate fortunes by economy, thrift, and laborious effort. In the early part of 1797, a considerable number of newly arrived emigrants were assembled in Marietta, eager to obtain lands on the best terms they could and to form settlements. The two townships of land appropriated by the Ohio Company for the benefit of a university had been Selected in December, 1795. They were townships No. eight and nine in the fourteenth range, constituting at present Athens and Alex- 112 - From 1797 to 1805. ander townships. The township lines were run in 1795, and the sectional surveys made in 1796, under the Supervision of General Putnam, the Company's Surveyor, who, from the first took an ardent interest in the selection of these lands and the founding of the university. His policy (in which he was seconded by the other agents) was to encourage the early settlement of the college lands, make them attractive and productive, and so begin the formation of a fund for the institution. "These lands," says Ephraim Cutler, " with a large surrounding region, were one of the most favorite portions of the hunting ground which the Indians had surrendered in their several treaties ; and the treaty of 1795 seemed to close the last fond hope of ever after enjoying them. Yet the hunters living about Sandusky, and on the different branches of the Muskingum not only continued to visit there, but until the winter of 1810—11 they were in large parties during the hunting season, coursing through that extensive range of country comprising the lands watered by the Raccoon, Monday, Sunday and the heads of Federal creek. It was here that they formerly found the buffalo, the elk, and the bear. The buffalo and the elk were not exterminated until the year 1800. The bear continued in considerable abundance until the last great hunt of the Indians in the winter of 1810-11. That winter was a favorable season for them to effect the object they seemed to have in view, which was to destroy the game, the weather being cold with several falls of snow. The carcasses of many deer were found in the woods bordering the settlements in Washington and Athens History of Athens County, Ohio - 113 counties, which appeared to be wantonly destroyed by the savages. A young buffalo, believed to be the last seen in this part of the country, was captured a few miles west of Athens, on a branch of Raccoon, in the spring of 1799, brought to the settlement, and reared by a domestic cow." In 1795 a man named Gillespie and two of the Fleeharts, noted frontiersmen, came up the Hockhocking to hunt. Landing at the mouth of Federal creek just at dark they found Indian Signs so abundant and recent that they were afraid to proceed or remain. They built up a large fire, supplied it well with logs and hung up a blanket and one or two other articles to signify that they would soon be back, and leaving thiS to deceive the Indians, and throw them off their track, they hurriedly embarked again and returned down the river to Virginia whence they came. The next autumn (1796), the Same party came up the river again to hunt. There was now not much fear of IndianS, and they landed again at the mouth of Federal, where they camped and hunted for two dayS. The third day they agreed to explore the country somewhat ; one of the Fleeharts kept the camp, the other went up Federal, and Gillespie up Hockhocking. He camped the firSt night at the mouth of Sunday creek. The next morning he crossed the river there, and came down on the other Side to the ripple about where Bingham's mill was afterward built. Here he rested and removed his moccasins to recross the river. At the water's edge 114 - From 1797 to 1805. he noticed the track of a large animal which Seemed to have crossed recently. Tracing it over the shallow stream and up the opposite bank he found the peavines Still wet from the animal'S dripping legs, and from the broken underbrush and size of the path it had made concluded it was a buffalo. He followed on about a quarter of a mile, and coming upon a little rise just where the preSent Fair ground west of AthenS is, he saw a very large male buffalo grazing there. Gillespie immediately fired and hit the animal, but not being fatally wounded it dashed off through the woods with Gillespie's dog in close pursuit, and himself at the best pace he could make. He followed the buffalo to the present Site of Athens, and found him not far from where the court house now Stands—a few rods South—(Gillespie frequently visited Athens in after years) tearing in great rage and pain at the roots of a fallen tree, and charging furiously at the dog, who was safely ensconced under the trunk. Gillespie lost no time in getting a Second shot and this time killed the brute, whose tongue and choice parts he carried into camp with him the same night.* * This incident is related to the writer by Mr. John P. Thompson, who was born in Athens township in 1808, and who, while on a visit to Crawford county in 1832, where he hunted with the Wyandot Indians, made the acquaintance of Gillespie. Gillespie after the settlement of Athens became familiar with its localities, and told the story to Thompson as we have set it down. History of Athens County, Ohio - 115 Encouraged by Gen. Putnam, who wished to introduce permanent settlers as soon as possible, a number of the emigrants who had stopped at Marietta decided to locate on the college lands. Among these were Alvan Bingham, Silas Bingham, Isaac Barker, William Harper, John Wilkins, Robert Linzee, Edmund, William and Barak Dorr, John Chandler, and Jonathan Watkins. They made their way down the Ohio and up the Hockhocking in large canoes early in the year 1797. Having ascended as far as the attractive bluff where the town of Athens now stands, they landed and sought their various locations. A few of them fixed on the site of the present town, but most of them scattered up and down the adjacent bottoms. The surrounding country was then covered with dense forests, and the echo of their axes was the first sound of civilized industry heard in all this region. The bluff and bottoms were heavily timbered with hickory, walnut, ash, poplar, and other trees indicative of good soil ; while the course of the tortuous Hockhocking was marked as far as the view extended by the gigantic sycamores that grew thick-set and lofty along its edge. The first business of each settler was to make a little clearing and erect a log cabin, which was built with unhewed logs, poles, clapboards, puncheons, and, in those days, wooden pins instead of nails. In its erection, no tools were necessary except an axe, an auger, and, perhaps, a cross-cut Saw. Straight trees of the 116 - From 1797 to 1805. proper Size were cut down, and either drawn by a team, or carried with the assistance of neighbors, to the building spot. The logs being cut of proper lengths were notched and laid up Somewhat as children build cob-houses. If a large, or "double," cabin was desired, the logs were laid up to form two Square pens, with an open space between, connected by a roof above and a floor below, so as to form a parallelogram, nearly three times as long as wide. In the open space, the family sometimes took their meals in pleasant weather, and it served the triple purpose of kitchen, lumber room, and dining room. The roof was covered with thin splits of oak, something like staves, about four feet long, from four to six inches wide, and about one-third of an inch thick. Instead of being nailed, these staves or clapboards were generally confined in their place by heavy timbers, laid at right angles across them, giving the roof a unique and rough appearance. A door-way and windows were made by chopping out the logs of proper length and highth before laying them up, so as to make Suitable apertures. The doors were made of thin clapboards, Split, like the roofing, from fresh-cut timber, and were generally hung, in an ingenious fashion, on large wooden hinges, and fastened with a substantial wooden latch. Frequently the latch was raised from the outside by a small leather String attached to it, and passing through a hole from within. When this string was drawn in, the latch History of Athens County, Ohio - 117 could not be raised from the outside, nor the door opened; hence the western expression to signify hospitality, that "the latch String is always out." Into the window apertures, Small pieces of wood were fitted for sash, and upon them paper was pasted, and rendered translucent by oiling. Wooden shutters, made of staves, like the doors, were attached to the windows and closed at night. The floors (when any were used) were made of short, thick plank, split from poplar, walnut, or oak. In Some cases, the more wealthy settlers had the logs hewed on the inside, and the puncheon floor hewed and planed. For a fire place and chimney, a space about six feet Square waS cut out of the end of the cabin, the lower part of the chimney built of rough Stones, and the rest laid up with Small logs and flat pieces, like laths, cemented with clay mortar, well intermixed with short cut straw or hay. The chimney had a huge aperture, and tapered upward like a pyramid. The hearth was made with clay mortar, or sometimes a large slab of sandstone. Finally, the spaces between the logs were filled with timber, Split like fire wood, from Some soft tree, and made impervious to wind and rain by daubing the cracks with mud. A few chairs and Stools, a bedstead of poles interlaced with bark, and furnished with plenty of bear Skins, a table split from a large log, and some cooking and eating utensils, constituted, perhaps, 118 - From 1797 to 1805. the bulk of the furniture within; and the pioneer's home was completed. Many of our readers, early settlers, are familiar with cabins of this sort, not a few of which are Still to be found in the less thickly settled parts of the county, and very generally throughout the west. Though rude in structure and limited in accommodations, no one will read the description with contempt who has had any experience of new countries. Such cabins as those described have formed the germ of all the powerful and prosperous communities of the west. Not only have their rough walls sheltered rural plenty, manly independence, guileless honesty, contentment, and happiness, but they have been the birth-place of men and women who have left their impress on the age in which they lived. No more charming picture of honest industry and unalloyed happiness can be imagined than is sometimes afforded by the interior of these rude cabins. When the wintry wind blows and the shutters are barred, and the walls of hewed logs show the white lineS of plaSter which mark the interstices; when the fire blazes high in the wide, open chimney, illuminating the storeS of dried meats or vegetables which hang from the rafters, and the rustic table, around which are gathered the happy and healthy family, smokes with woodland plenty—at such a time no one could doubt that even theSe primitive log cabins are compatible with real and profound enjoyment. History of Athens County, Ohio - 119 The pioneers Soon opened up Several clearings about Athens, and a little corn, for corn bread, was put in the first spring. The clearings, however, were irregular and scattered, and no effort was made, as yet, to lay out a town. Early in 1798 a number of emigrants arrived, among whom were Solomon Tuttle, Christopher Stevens, John and Moses Hewitt, Cornelius Moore, Joseph Snowden, John Simonton, Robert Ross, the Brooks, and the Hanings. Some of these had families. Some Settled in Athens and Some in Alexander township. Mrs. Margaret Snowden, wife of Joseph Snowden, was honored by having "Margaret's creek" named after her, She being the first white woman who reached this central point in the county. For the enforcement of laws and preservation of order, Alvan Bingham had been commissioned a magistrate, and his brother, Silas, a deputy Sheriff. One of their most difficult duties was to prevent illegal entries and occupations of land by new comers; but this, and their other duties, Sometimes delicate and accompanied with danger, they discharged with firmness and general- acceptance. Ephraim Cutler, who came in a little later than the Binghams, and Settled in Ames township, was also a magistrate, and in a certain class of land cases, which required two magistrates and a jury, he and Judge Bingham held court together. In those early times, notwithstanding the primitive State of 120 - From 1797 to 1805. society, the judges had proper ideas of the Sanctity of law, and the dignity of a court. It is related that at one of these trials of forcible entry, the leaders of the disorderly class came forward and threatened violence; the magistrates ordered them to leave the room, which they did, but uttering threats to put a Stop to Such courts. The judges, determined to vindicate their judicial dignity, instantly issued warrants, and ordered the Sheriff to arrest the parties immediately, and take them to Marietta. They were arrested accordingly, and it is not easy to conceive of men more frightened; the idea of being taken to Marietta, to be tried by a court that had established a reputation throughout the territory for firmness and strict justice, filled them with terror. Silas Bingham (who, to great shrewdness and dispatch in business, united an unconquerable humor) did nothing to allay their fears, but told them the better way would be to come into court, and, on their knees, ask forgiveness and promise amendment. The ringleader of the offending party replied that "it was too bad to be compelled to kneel down and ask forgiveness of two Buckeye justices ;" but he concluded to submit, rather than be taken to Marietta, and the penitential ceremony was accordingly performed. [E. Cutler'S Sketch.] During the first year of the county, the court was held in a private house, obtained for the occasion. In December, 1806, Silas Bingham was allowed twelve dollars for the use of a History of Athens County, Ohio - 121 room occupied by the courts during that year, and an allowance of six dollars was made by the county commissioners to "Edmund Dorr and Baruch Dorr, for guarding and victualling John Farmer one month." The two Binghams, Judge Alvan and his brother Silas, were natives of Litchfield county, Connecticut, and had both served in the revolutionary army. The former was a man of Strong common Sense, and his judicial mind and well-trained conscience, admirably qualified him for the position of judge, which he filled for many years. He is said to have been a person of quiet and dignified manners, Stern and uncompromising in his sense of right. Silas was "full of anecdote and humor, social and kind in his feelings, a man of excellent sense, and a terror to evil-doers." The promptness with which these men acted in enforcing the laws had the effect to rid the Settlement of nearly all disorderly persons. Alvan Bingham was the first treasurer of Athens county, and SilaS waS for several years a constable. One of the greatest troubles that the pioneers had to contend with was the extreme scarcity of salt, and the high price of that essential article often caused severe privation. At the time of the first settlement of Athens and Ames, it was sold for six dollars a bushel, and had to be packed on horseback a great distance. As early as 1788, when the first colony arrived at Marietta, it had been rumored that salt springs 122 - From 1797 to 1805. exiSted on a stream, since called Salt creek, which flows into the Muskingum river near Duncan's falls, Muskingum county, and even during the Indian war a party was sent up the river from Marietta to search for them. The exploration was made at great risk, but the springs were not found. White men, held as prisoners by the Indians, had seen them make salt at these Springs, and had noted their locality. An accurate description of the country having been gained from these persons, another exploring party of hunters and experienced woodsmen was sent out, a year or two later, to find the springs. This time they were successful, and brought back with them a small supply of the precious article. In 1796, a joint stock company was formed of fifty shareholders, at one dollar and a half each, making a capital of Seventy-five dollars, with the object of buying castings, erecting a furnace, and manufacturing salt. Twenty-four kettles were bought at Pittsburg, and transported by water to Duncan's falls, and thence, on pack-horses, to the Salt springs, seven miles further. A well was dug, near the edge of the stream, about fifteen feet deep, to the bed rock, through the crevices of which the Salt water oozed and rose, though not very abundantly. The trunk of a hollow Sycamore tree was fixed in the well to exclude the fresh water. A furnace was built, of two ranges with twelve kettles each. The water was raised from the well by a sweep and pole. The History of Athens County, Ohio - 123 company was divided into ten sections of five men each, who worked, in turn, for two weeks at a time, and the works were thus kept in operation day and night, the men standing regular watches. They were thus able to make about one hundred pounds of Salt in twenty-four hours, using about Sixteen hundred gallons of water. This waS the firSt attempt to manufacture Salt in Ohio, and the product was a very inferior and costly article. For several years, all of the salt used by the pioneers of Athens county was brought from these works, and afterward from the Scioto Salt licks,* in Jackson county, on pack horses. It was both a great luxury and a prime necessity, and every grain of it was carefully husbanded. The Settlement was about two years old when an act was passed by the territorial assembly, relative to laying off the town of Athens. At this time only one town had been incorporated in the northwestern territory, viz: Marietta, the act incorporating which was passed less than three weeks previously. (Cincinnati was not incorporated till January 1, 1802. In the year 1800, the population of Cincinnati was 750; in 1805, * These salt licks, in Jackson county, were considered of so much value, that, on the organization of the state, in 1802, a tract of land six miles square containing them was reserved from sale. The salines were worked for several years under state supervision, and were not sold until 1826, when the proceeds went into the state treasury. 124 - From 1797 to 1805. it was 960; in 1810, it was 2,300; in 1813, it was 4,000; and in 1820, it was 10,500.) The act relative to laying off the town of Athens is as follows: " WHEREAS, In the county of Washington, within this territory, the townships Nos. eight and nine in the fourteenth range have been appropriated and set apart for the purpose of endowing an university, and, whereas, the application of the same to the purpose aforesaid has been entrusted to the legislature of this territory ; therefore, to enable the said legislature the better to determine the situation whereon to establish the said university: Be it resolved by the Legislative Council and House of Representatives in General Assembly, That Rufus Putnam, Benjamin Ives Gilman and Jonathan Stone, esquires, be requested to lay off; in the most suitable place within the townships aforesaid, a town plat which shall contain a square for the college, also lots suitable for house lots and gardens, for a president, professors, tutors, etc., bordering on or encircled by spacious commons, and such a number of town lots adjoining the said commons and out-lots as they shall think will be for the advantage of the university, who are to make a return of the said town plat and lots, describing their situation within the said townships, to the legislature at their next session, and shall receive such compensation for their services as the legislature shall and may direct and allow. EDWARD TIFFIN, Speaker of the House of Representatives. H. VANDERBURGH, President of the Council." History of Athens County, Ohio - 125 Pursuant to this act the town plat was surveyed and laid off by Messrs. Putnam, Gilman, and Stone in the summer of 1800, and a copy thereof returned to the legislature, as required. In December, 1800, the following act was passed by the territorial legislature: "An act confirming and establishing the town of Athens in the county of Washington. " 'WHEREAS, By a resolution of the legislature of this territory, of the 28th day of December, 1799, Rufus Putnam, Benjamin Ives Gilman and Jonathan Stone, esquires, were requested to lay off a town in the most convenient place within the townships numbered eight and nine, in the fourteenth range of townships as set apart by the agents and directors of the Ohio Company, for the uses and purposes of an university, which should be so laid off as to contain a square for colleges, and lots suitable for house-lots and gardens for a president, professors and tutors, with out-lots and commons. And, whereas, the said Putnam, Gilman and Stone in conformity to the said resolution, have laid off the said town within the ninth, tenth and fifteenth, sixteenth and twenty-second sections of the aforesaid ninth township, and have returned a plat of the same ; therefore, to establish and confirm the same : SECTION 1. Be it enacted by the Legislative Council and House of Representatives in General Assembly, And it is hereby enacted by the authority of the same, that the return and report of the said Putnam, Gilman and Stone be accepted and approved, and that the said town be confirmed and established by the name of the town of Athens; Provided, that the trustees of the "Approved December 18th, 1799. ARTHUR ST. CLAIR." 126 - From 1797 to 1805. university therein to be established shall have power to alter the plan of the said town, by extending the house-lots into the commons or out-lots, which adjoin the town, or by altering the streets, when, on actual survey, they may find it necessary or convenient. Provided, also, that such alterations be made and a plat of the town, out-lots and commons, with a designation of the uses of the commons, be recorded in the office of the recorder of the proper county prior to the offering to lease of any of the said lots. SEC. 2. And be it further enacted, That the house-lots numbered fifty-five and fifty-six in the said town of Athens, or some •other two lots therein equally well situated, to be designated and set apart by the trustees of the said university when appointed, shall be reserved for the accommodation of public buildings that may be necessary to be erected for the use of said town and the county in which it may be situated ; which two lots, when agreed upon by said trustees, shall be particularly noted on the plat of said town and vest in the county to and for the uses designed thereby. EDWARD TIFFIN, Speaker House of Representatives. ROBERT OLIVER, President of the Council." "Approved December 6th, 1800. ARTHUR ST. CLAIR, Governor." At this time there were not more than five or six cabins occupied on the town plat. A Mr. Earhart lived on the brow of the hill near where Bing's carriage shop now is. Othniel Tuttle had a cabin on the S. W. corner History of Athens County, Ohio - 127 of the old graveyard. In 1800 Dr. Perkins bought his cabin and moved it down the road and added it to his own, near where Dr. E. G. Carpenter now lives. Solomon Tuttle lived in a cabin near where Love's grocery now is—opposite the Currier homestead. Christian Stevens had a cabin just back of the college green, and a man by the name of Brakefield lived 20 or 30 rods east of the S. E. corner of the green. Alvan Bingham lived half a mile N. E., where widow Bingham now lives. During the next four or five years the settlement at Athens, though increasing but slowly, received the addition of numbers of valuable citizens, sketches of some of whom will be found elsewhere. About this time John Hewitt built the first grist mill in the county (in 800), on Margaret's creek, about a mile above its mouth, where Timothy Goodrich afterward built a saw mill. Hewitt's mill was much resorted to by the settlers for grinding their breadstuffs. Previous to this the nearest mills were in Washington county, on the Ohio and Muskingum rivers, which could only be reached by tedious journeys. Soon after this a small mill was built by Charles Shepard, in Alexander township, on the place now owned by Samuel Armstrong. The horse mill below Athens, built by Capt. Silas Bingham, is believed to have been the next in order of time. During this period Henry Cassel, an ingenious man, manufactured Small hand mills which ground 128 - From 1797 to 1805. corn tolerably well. The stone from which they were made was found on the old Shepard place in Alexander township, now owned by John S. Miller. These hand mills of Cassel's were visited by the neighboring settlers almost daily, each taking his turn and grinding one quart, when he would yield the mill to some one else. Some families were provided with a private "hominy block," in which the corn was pounded and broken as with a pestle. The first house was erected on the town plat in 1798, by Capt. John Chandler, a brother-in-law of Judge Alvan Bingham, on lot No. 1, near where Bing's carriage shop now stands. John Havner built a hewed log house on the opposite side of the street, very soon after. Dr. Perkins lived in a log cabin on State street, near where Dr. Carpenter now resides. Dr. Leonard Jewett, who came in 1804 or '5, occupied a hewed log house, previously erected by Capt. Silas Bingham, on the lot now occupied by Geo. W. Norris, on College street. Joel Abbott succeeded Captain Chandler, and erected one of the earliest brick houses, in 1803 or '4. William McNichol built, and occupied aS a tavern, a hewed log house nearly opposite to Abbott's. About this time, William Dorr built, and occupied as a store, a double, hewed log house, on the lot where Judge Barker now resides. Afterward the house was occupied as a tavern. John Johnston built and occupied a log house, on the corner where Crip- History of Athens County, Ohio - 129 pen's grocery now is. Jared Jones built a log house on the lot now occupied by Mr. Topky. One of the first brick houses was built, and occupied as a store and dwelling, by Joseph B. Miles, near the corner known as "Brown's Corner." Meanwhile the settlement had grown to a size that entitled it, in 1803, to the honor of mention by, probably, the first profeSsional tourist who visited the northwest,* and who Said: "Athens, on the Great Hockhocking river, forty miles by water from the Ohio, lies in the election district of Middletown. This settlement commenced in the year 1797. The town is regularly laid out, on elevated ground, of easy ascent, round which the river forms a graceful bend. The Situation is healthy, and the prospect delightful beyond deScription. The town is abundantly supplied with never-failing Springs of excellent water, and the adjacent country is thought to be superior to any in the state for pleasantness and fertility." * The Rev. Thaddeus M. Harris, a Massachusetts clergyman, who made a trip to the western country in 1803, in search of health and pleasure, an account of which he published in 1803. His book is, and has long been, a very rare one. Dr. Pierce said of it nearly fifty years ago: "The celebrated John Foster, of London, author of Esseys on Decision of Character, etc., employed me to find or procure it for him. As it could not be found in any book store, I reluctantly parted with my own copy, to satisfy the curiosity of this learned man." 130 - From 1797 to 1805. At this time, and for many years after the county was organized, various kinds of game were abundant in the forests, and deers, bears, wild turkeys, etc., were killed in great numbers. Wolves and panthers were a great annoyance, and, to the sheep growers, a great scourge. The first board of county commissioners, in June, 1805, ordered that a bounty of three dollars be paid for the scalp of every wolf or panther killed within the county, under six months old, and four dollars for every one over six months. This rate was continued for six years. June 11, 1811, the board resolved that from and after that date, the county would pay, for every wolf and panther scalp, one dollar, in addition to the state bounty, which was then two dollars for those under six months old, and four dollars if over six months. December 4, 1811, the commissioners ordered that, from and after that date, they would pay, in addition to the state bounty, two dollars per scalp. In September, 1813, the bounty was suspended till further ordered, but in June, 1814, it was renewed, and fixed at two dollars per scalp. June 5, 1817, the commissioners resolved, "that the bounty on wolf scalps be discontinued from and after the 5th day of June, 1818." The bounty on panther scalps was discontinued not long afterward. The following persons, in addition to those already named, were residents of the town or township of Athens in 1805, viz: John Simonton, Andrew Hig- History of Athens County, Ohio - 131 gins, Cornelius Moore, Moses Bean, Henry Bartlett, James Jolly, Daniel Mulford, Simon Speed, Samuel Luckey, John, Samuel, William, and Robert Lowry, John Green, Garret Jones, Uriah Tippee, Joel Abbott, Jacob Wolf, Ignatius Thompson, William and Aaron Young, Samuel Pickett, Samuel Smith, Josiah Coe, Francis Whitmore, Isaac and Michael Barker, Jonathan and Timothy Wilkins, William and Charles Harper, and Jehiel Gregory—the last named represented the county in the legislature, in 1805 and '6, and built one of the earliest mills on the Hockhocking, east of Athens. The names of some of the pioneer settlers, mentioned in these pages, are preserved in different parts of the county, as follows: Moore's run, in Athens township; Brown's branch, Ewing's branch, Wyatt's branch, Walker's branch, Linscott's branch, and Brawley's branch, in Ames; Ross run, in Alexander; Pilcher's branch, Hoskinson's branch, Buckley's branch, and Mansfield's branch, in Canaan; Guthrie's branch, Davis's branch, and Lottridge P. O., in Carthage; Bailey's branch and Jackson run, in Dover; Cassel's run and Shidler's branch, in Lee; Thompson's fork, Pratt's fork, Dailey run, Dinsmore branch, and Douglas branch, in Lodi; Stewart's run, Case run, Herrold run, Hatch branch, Rowell branch, and Green branch, in Rome; Frost branch, Washburn branch, Ross branch, and Devol's run, in Troy; Woodbury 132 - From 1797 to 1805. run and McCune run, in Trimble; Hewitt's branch, in Waterloo; and Meeker's branch, in York township. The Settlement of the county was now fairly begun, and the population was receiving Steady additions. The time was approaching when they would divide from Washington county, and begin a separate career. Before speaking, however, of the organization of Athens county, let us, in order to complete our view of this period, and gain a better understanding of some points in the early annal of the county, glance at some Political Events from 1798 to 1805. The ordinance of 1787 provided that, as soon as there should be 5,000 free male inhabitants of full age, in the territory, and on proof thereof being made to the governor, the people should be authorized to elect representatives to a territorial legislature. The requisite population being reached in 1798, an election of representatives was ordered by proclamation of Governor St. Clair, to be held on the third Monday in December of that year. The lower house of the territorial assembly was to consist of one member for every five hundred voters, but the total not to exceed twenty-five members. The privilege of voting was confined to free-holders, in fee simple, of fifty acres of land within the district; and none but free-holders, in fee simple, of five hundred acres, were eligible as repre- History of Athens County, Ohio - 133 sentatives. The upper house, corresponding now to the Senate, was to consist of a council of five members, each of whom should be a free-holder of not less than five hundred acres, to be chosen by the representatives from their own number, and to be confirmed and appointed by congress. At this election (the first ever held in the State), Col. Robert Oliver, Return J. Meigs, and Paul Fearing were chosen representatives from Washington county, receiving the hearty support of the voters of Athens and Ames, or, as it was then called, the Middletown district. The representatives elect assembled, according to the governor's proclamation, at Cincinnati, on the 4th of February, 1799, to transact certain business, preliminary to their regular meeting. After due deliberation, they nominated for the legislative council of five, Henry Vanderburg, of Vincennes, Robert Oliver, of Marietta, James Findlay and Jacob Burnet, of Cincinnati, and David Vance; all of whom were subsequently confirmed and appointed by Federal authority. Col. Oliver was chosen president of the council and held that position until the formation of the State government. The following is from a letter, written in 1837, by Jacob Burnet,* of Cincinnati, himself a member of the territorial legislature. * Jacob Burnet, one of the ablest among the early lawyers of the territory, was born at Newark, N. J., February 22, 1770, graduated at Princeton College, studied law under Judge Boudinot, was admitted to 134 - From 1797 to 1805. We quote: "On the 16th of September, 1799, both branches of the territorial legislature assembled at Cincinnati, and organized for business. The governor met the two houses in the representatives' chamber, and in a very elegant address recommended such measures as he thought were suited to the condition of the country, (rand would advance the safety and prosperity of the people. The body continued in session till the 19th of December, when, having finished their business, the governor prorogued them, at their request, till the first Monday in November. This being the first session it was necessarily a very laborious one. The transition from a colonial to a semi-independent government, called for a general revision as well as a considerable enlargement of the statute book. Some of the adopted laws practice in 1796, and immediately emigrated to Cincinnati, where he passed the rest of his life. He says: " At this time, the country to which I united myself, and with which it was my purpose to rise or fall, was, literally, a wilderness. The entire white population, between Pennsylvania and the Mississippi, from the Ohio to the lakes, was estimated at fifteen thousand. Cincinnati was a small village of log cabins, including perhaps a dozen of coarse frame houses, with stone chimneys, most of them unfinished. Not a brick had been seen in the place. 1t may aid in forming an idea of the appearance of the place at this time, to state that, at the northeast corner of Main and Fifth streets (now-1837—the centre of business and tasteful improvements), and contiguous to a rough, half finished frame house, in which our courts were held, there was a pond, filled with alder bushes, in which the frogs serenaded us regularly, from spring to autumn. The morass extended so far into Main street, that it was necessary to construct a causeway of logs, in order to pass it with convenience ; and it remained in its natural state, filled with alder bushes and frogs, three or four years after my residence there began. The population of the town, including officers and followers of the army, was about five hundred." History of Athens County, Ohio - 135 were repealed, many others altered and amended, and a long list of new ones added to the code. New offices were to be created and filled, the duties attached to them prescribed, and a plan of ways and means devised to meet the increased expenditures, occasioned by the change which had just taken place. As the number of members in each branch was small, and a large portion of them either unprepared or indisposed to partake largely of the labors of the session, the pressure fell on the shoulders of a few. Although the branch to which I belonged was composed of sensible, strong-minded men, yet they were unaccustomed to the duties of their new station, and not conversant with the science of law. The consequence was that they relied chiefly and almost entirely on me to draft and prepare the bills and other documents, which originated in the council. One of the important duties which devolved on the legislature, was the election of a delegate to represent the territory in congress. As soon as the governor's proclamation made its appearance, the election of a person to fill that station excited general attention. Several persons were spoken of, and among them myself. Many of my friends solicited me to become a candidate, and ventured to give strong assurance of my election if I would consent to serve; but being at that time engaged in an extensive and lucrative practice, and not wealthy, I could not afford to quit my profession, or to abstract from it as much time and attention as the duties of the station would require. In addition to this, it appeared to me that I could be more useful to the people of the territory in their own legislature, than in congress. For these reasons I declined to be a candidate ; and, before the meeting of the legislature, public opinion had settled down on William Henry Harrison and Arthur St. Clair, Jr., who were eventually the only candidates. On the 3d of October, 1799, the two 136 - From 1797 to 1805. houses met in the representatives' chamber, according to a joint resolution, and proceeded to an election. The ballots being taken and counted, it appeared that William Henry Harrison had eleven votes, and St. Clair ten votes; the former was therefore declared to be duly elected. Having received his certificate of election, General Harrison resigned the office of secretary of the territory, proceeded forthwith to Philadelphia, and took his seat, congress being then in session. Though he represented the territory but one year, he obtained some important advantages for his constituents. He introduced a resolution to subdivide the surveys of the public lands and to offer them for sale in small tracts, which measure he succeeded in getting through both houses, in opposition to the interests of speculators who were, and who wished to be, the retailers of land to the poorer classes of the community. His proposition became a law, and was hailed as the most beneficent act that congress had ever done for the territory. It put it in the power of every industrious man, however poor, to become a freeholder, and to lay a foundation for the future support and comfort of his family. " Congress at that session (1799-1800), divided the northwestern territory, by establishing the new territory of Indiana, of which Mr. Harrison was appointed governor. By the division of the territory, Mr. Vanderburg (one of the legislative council) became a citizen of Indiana, and Solomon Sibley, of Detroit, was appointed to fill the vacancy in that body. The office of secretary, vacated by the election of Mr. Harrison as delegate in congress, was filled by the appointment of Charles Willing Byrd, who was afterward district judge of the United States for the district of Ohio. After the close of the first session of the territorial legislature, a law was passed by congress (May 7, 1800), removing History of Athens County, Ohio. - 137 the seat of government from Cincinnati to Chillicothe. On the 3d of November, 1800, the general assembly convened at that place. The governor met and addressed them, recommending, specifically, the measures to which he desired their attention. On the 6th of November the two houses met for the purpose of filling the vacancy made by the resignation of Gen. Harrison in congress and also to elect a delegate for the next succeeding term. William McMillan, of Cincinnati, was elected to fill the vacancy and Paul Fearing, of Marietta, for the term to begin on the 4th of March then next. On the 2d of December (as the governor's term of office expired on that day) the assembly adjourned sine die." Governor St. Clair was soon reappointed by President Adams, and a new assembly was elected by the people; which convened at Chillicothe on the 24th of November, 1801. It remained in Session till the 23d of January, 1802, when it was adjourned by the governor to be reopened at Cincinnati, on the fourth Monday of November, 1802. This removal of the seat of government from Chillicothe to Cincinnati was (Says Burnet) " in consequence of the violent and disgraceful proceedings of a mob, which assembled on two successive evenings for the purpose of insulting the governor an several of the members of the legislature, without an steps being taken by the town authorities to repress it or to punish the leaders." But the territorial assembly never convened again. Before the day of its adjournment arrived, delegates had been elected to a constitution 138 - From 1797 to 1805. tional convention, and preparations were being made for admission as a state into the Federal Union. This step was the theme of a great deal of discussion at that day, and was the most absorbing topic of the times. The territorial government was of brief duration, lasting less than three years, when the contest between those who desired and those who opposed the formation of a state government, resulted in favor of the former; not, however, without a Sharp popular struggle and considerable excitement. Indeed, the contest was for some time an active and bitter one. The opponents of a state government (i. e. of forming one at this time), argued that such a measure would be especially injurious to the inhabitants of the Ohio Company's purchase; that they had been Struggling with the hardships of opening the wilderness since the year 1788, and for a large part of the time pressed by the merciless savage to the extremes of want, danger, and even death; that the population was sparse and generally poor; that the expenses of a state government would be heavy in proportion to the inhabitants, while the advantages to them in their present situation would be few, perhaps none, over a territorial government; and, finally, that the taxes to support a state government would fall on the actual settlers and land-holders, as the Ohio Company's landS would all be brought on the tax list, while congress lands, daily becoming more valuable by the improvements of History of Athens County, Ohio - 139 the settlers, were to be free from taxation. The people of Washington county were so much opposed to the formation of a State government at that time, that they determined to hold a convention and give formal expression to their views. Delegates were accordingly chosen by the different settlements in the purchase, as follows : for Marietta, Paul Fearing and Elijah Backus; for Belpre, Isaac Pierce and Silas Bent; for Waterford, Robert Oliver and Gilbert Devol; for Adams, Joseph Barker; for Newport, Philip Witten and Samuel Williamson; for Middletown (or Athens), Alvan Bingham; and for Gallipolis, Robert Safford. Gilbert Devol was chosen chairman of the convention, and Joseph Barker Secretary. The foregoing arguments were presented, in a paper prepared by Joseph Barker, and after mature deliberation the convention adopted the following: " Resolved, That, in our opinion, it would be highly impolitic and very injurious to the inhabitants of this territory, to enter into a state government, at this time. Therefore, we, in behalf of our constituents, do request that you will use your best endeavors to prevent, and steadily oppose the adoption of any measures that may be taken for the purpose." Which, being properly attested, was sent to their representatives in the territorial assembly. In the assembly, also, the measure met with determined opposition. But those who expected office, or 140 - From 1797 to 1805. preferment of some Sort, under the new government, outnumbered the more sober and cautious representatives. The measure was carried, and it was decided to form a State government. So eager were the ambitious friends of the project for a change, that they relinquished the right of taxing the lands owned by congress, until five years after they had been sold and in the possession of the purchaser; whereas, in equity, they should have been liable to taxation as soon as they were in his possession. The apprehensions of the injurious results to the inhabitants of the Ohio Company's purchase, were soon realized, as the taxes for the support of the new government fell very heavily on them. This inequality remained until the year 1825, when the ad valorem system was introduced, and removed the long continued injustice. [Hildreth.] The next Step in the transition from territorial to state government, was the passage of an act by congress, on the 30th of April, 1802, "to enable the people of the eastern division of the territory northwest of the river Ohio, to form a constitution and State government." This act provided for the election of delegates to frame a constitution, and fixed the qualifications of electors. It also fixed the present boundaries of Ohio, reserving the territory west and north of it for other states. Delegates to the constitutional convention were elected in the summer of History of Athens County, Ohio - 141 1802. The inhabitants of Athens (a part of Washington county) were represented by Ephraim Cutler, Rufua Putnam, John McIntire, and Benjamin Ives Gilman. The convention assembled at Chillicothe on the 1st day of November, 1802, and remained in Session about three weeks. The constitution being formed, was ratified and signed by the members on the 29th of November. It was never submitted to the people, but became the organic law of the state by the act of the convention alone. Certain important changes, concerning the School lands, were made by the convention, in the proposition of congress, under which the state was to come into the Union. Congress assented to the proposed modifications by act of March 3, 1803, thus completing the compact and accepting Ohio as a State and a member of the Federal Union. Governor St. Clair and most of the leading men during the period of the territorial government, were federalists; but by the time the territorial legislature was chosen (in 1799), democratic or Jeffersonian ideas were becoming popular, and the assembly, which met at Cincinnati in September, 1799, was possessed of some of the democratic temper then prevalent. This, together with the rather arbitrary use of the veto power by Governor St. Clair, caused Some clashing between them. The result was that an impetus was given to the growth of democratic ideas in the territory, the con- 142 - From 1797 to 1805. stitutional convention, which met in 1802, was strongly Jeffersonian, and the constitution which they formed was a thoroughly democratic one. ItS excellencies and defects, for it had both, were those of a truly popular form of government. And now began the contest between "federalism" and "democracy" — the one School repreSented by Hamilton and his coadjutors, who believed in a powerful and splendid central government; and the other by Jefferson and his followers who advocated the largest liberty to the individual, and regarded with the utmost jealousy what they stigmatized as the centralization of power. "There were giants in those days," and their political and intellectual contests were admired and repeated in the remotest parts of the republic. By these opposing ideas, the actors in the little political arena of Athens county, like those of many other greater or Smaller arenas throughout the country, were for many years to come excited and educated. The time had now arrived when for various reasons, chiefly political perhaps, it was deemed advisable to form a new county on the west of Washington, and to be carved out of it.