APPENDIX. APPENDIX. A. Powers to the Board of Treasury to contract for the sale of lands in the Western Territory. [From Old Journals of Congress, Vol. 4, Appendix, p. 17.] July 23, 1787.—The report of a committee, consisting of Mr. Carrington, Mr. King, Mr. Dane, Mr. Madison and Mr. Bent son, amended to read as follows, viz That the Board of Treasury be authorized and empowered to contract with any person or persons for a grant of a tract of land, which shall be bounded by the Ohio, from the mouth of the Scioto to the intersection.of the western boundary of the tenth township from the Ohio ; thence by a due west line to Scioto ; thence by the Scioto to the beginning, upon the following terms, to wit : The tract to be surveyed and its contents ascertained by the geographer, or some other officer of the United States, who shall plainly mark the said east and west line, and shall render one complete plat to the Board of Treasury, and another to the purchaser or purchasers. The purchaser or purchasers, within seven years from the completion of this work, to lay off the whole tract, at their own expense, into townships and fractional parts of townships, and to divide the (551) 552 - Appendix. same into lots, according to the land ordinance of tbe 20th of May, 1785; complete returns whereof to be made to the Treasury Board. The lot No. 16 in each township, or fractional part of a township, to be given perpetually for the purposes contained in the said ordinance. The lot No. 29 in each township, or fractional part of a township, to be given perpetually for the purposes of religion. The lots Nos. 8, 11 and 26, in each township, or fractional part of a township, to be reserved for the future disposition of congress. Not more than two complete townships to be given perpetually for the purposes of an university, to be laid off by the purchaser or purchasers, as near the centre as may be (so that the same shall be of good land), to be applied to the intended object by the Legislature of the State. The price to be not less than one dollar per acre for the contents of the said tract, excepting the reservations and gifts aforesaid, payable in specie, loan-office certificates reduced to specie value, or certificates of liquidated debts of the U. States, liable to a reduction by an allowance for bad land, and all incidental charges and circumstances whatever ; provided, that all such allowance shall not exceed, in the whole, one-third of a dollar per acre. And, in making payment, the principal only of the said certificates shall be admitted, and the Board of Treasury, for such interest as may be due on the certificates rendered in payment as aforesaid, prior to January 1, 1786, shall issue indents for interest to the possessors, which shall be receivable in payment as other indents for interest, of the existing requisitions of congress ; and for such interest as may be due on the said certificates, between that period and the period of payment, the said Board shall issue indents, the payment of which to be provided for in future requisitions or otherwise. Such of the purchasers as may possess rights for bounties of land to the late army, to be permitted to render the same in discharge of the contract, acre for acre ; provided, that the aggregate of such rights shall not exceed one-seventh part of the land to be paid for; and provided further, that there shall be no future claim against the United States on account of the said History of Athens County, Ohio - 553 rights. Not less than 500,000 dollars of the purchase money to be paid down upon closing the contract, and the remainder upon the completion of the work to be performed by the geographer, or other officer, on the part of the United States. Good and sufficient security to be given by the purchaser or purchasers for the completion of the contract on his or their part. The grant to be made upon the full payment of the consideration money, and a right of entry and occupancy to be acquired immediately, for so much of the tract as shall be agreed upon between the Board of Treasury and the purchasers. July 23, 1787.—Ordered, That the above be referred to the Board of Treasury to take order. B. Letter of the Ohio Company to the Board of Treasury. [From Old Journals of Congress, Vol. 4, Appendix, p. 17.] "July 26, 1787. "New York, July 26th, 1787. " GENTLEMEN : "We observe, by the act of the 23d instant, that your honorable Board is authorized to enter into a contract for the sale of a tract of land therein described, on certain conditions expressed in the act. As we suppose this measure has been adopted in consequence of proposals made by us, in behalf of ourselves and associates, to a Committee of Congress, we beg leave to inform you that we are ready to enter into a contract for the purchase of the lands described in the act ; provided, you can conceive yourselves authorized to admit of the following conditions, which in some degree vary from the report of the committee, viz : 554 - Appendix. The subordinate surveys shall be completed as mentioned in the act, unless the frequency of Indian irruptions may render the same impracticable without a heavy expense to the company. The mode of payment we propose is half a million of dollars when the contract is executed ; another half million when the tract, as described, is surveyed by the proper officer of the United States; and the remainder in six equal payments. computed from the day of the second payment. The lands assigned for the establishment of an university to be as nearly as possible in the centre of the first million and a half of acres we shall pay for; for to fix it in the centre of the proposed purchase, might too long defer the establishment. When the second payment is made, the purchasers shall receive a deed for as great a quantity of land as a million of dollars will pay for at the price agreed on ; after which we will agree not to receive any further deeds for any of the lands purchased, only at such periods and on such conditions as may be agreed on betwixt the Board and the purchasers. As to the security, which the act says shall be good and sufficient, we are unable to determine what those terms may mean in the contemplation of Congress, or of your honorable Board ; we shall, therefore, only observe that our private fortunes, and that of most of our associates, being embarked in the support of the purchase, it is not possible for us to offer any adequate security but that of the land itself, as is usual in great land purchases. We will agree so to regulate the contracts that we shall never be entitled to a right of entry or occupancy but on the lands actually paid for, nor receive any deeds till our payments amount to a million of dollars, and then only in proportion to such payment. The advance we shall always be under without any formal deed, together with the improvements made on the lands will, we presume, be ample security, even if it was not the interest as well as the disposition of the company, to lay the foundation of their establishment on a sacred regard to the rights of property. History of Athens County, Ohio - 555 "The contract of the Ohio Company with the Honorable Board of Treasury of the United States of America, made by the Rev. Mr. Manasseh Cutler and Major Winthrop Sargent, as If these terms are admitted we shall be ready to conclude the contract. We have the honor to be, with the greatest respect, gentlemen, Your obedient, humble servants, MANASSEH CUTLER, WINTHROP SARGENT." " THE HONORABLE THE BOARD OF TREASURY." "July 27, 1787.—Ordered, That the above letter, from Manasseh Cutler and Winthrop Sargent, to the Board of Treasury, containing proposals for the purchase of a tract of land, described in the act of Congress of the 23d instant, be referred to the Board of Treasury to take order ; provided, that after the date of the second payment therein proposed to be made, the residue shall be paid in six equal and half yearly instalments, until the whole thereof shall be completed, and that the purchasers stipulate to pay interest on the sums due, from the completion of the survey to be performed by the geographer." [The boundaries contemplated by the letter and order above were allowed and confirmed by the act of 21st April, 1792. See page 561.] C. Contract of the Ohio Company with the Board of Treasury. [Extract from old Records.] 556 - Appendix. agents for the Directors of said Company, at New York, October 27, 1787: "This Indenture, made the 27th day of October, in the year of our Lord one thousand seven hundred and eighty-seven, between 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 one part, and Manasseh Cutler and Winthrop Sargent, both of the Commonwealth of Massachusetts, as Agents for the Directors of the Ohio Company of associates, so called, of the other part : Whereas, the Congress of the United States aforesaid, in and by their several resolutions and votes 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 resolutions mentioned, upon such terms and conditions, for such considerations and under such reservations, as in the said resolutions is expressed. And, whereas, by virtue and in consequence of the said resolutions and votes, the said parties of the first part have contracted and agreed with the parties of the second part, agents as aforesaid, for a grant of the tract of land hereinafter 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, and for and in consideration of the sum of five hundred thousand dollars 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 these presents, the receipt whereof the said Board of Treasury do hereby acknowledge, and do hereby, on the behalf of the said United States, acquit, release, exonerate and forever 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, executors, administrators and assigns forever, by these presents ; and also in consideration of the further sum of five hundred thousand dol- History of Athens County, Ohio - 557 lars, secured to be paid as hereinafter 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 of the payment of the said last-mentioned sum of five hundred thousand dollars, in the manner hereinafter prescribed, a full and ample grant and conveyance shall be executed, 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 officer 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 interests 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 town- ships, laid out by the authority of Congress, intersects the Ohio, and extending thence along that river south-westwardly, to the place where the western line of the seventeenth range of town- ships, to be laid out according to the land ordinance of the 20th May, 1785, would intersect the said river, and extending 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 lines of this tract, include one million and a half of acres of land, besides the several townships, lots and parcels of land hereinafter mentioned, to be reserved or appropriated to specific 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 and appurtenances thereof; which said tract of land shall be surveyed by the geographer or some other officer of the said United States, to be authorized for that purpose, who shall plainly mark the said east and west line, and shall ren- 558 - Appendix. der one complete map or plat 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 factional part of a township, which, upon such surveys as hereinafter are mentioned, shall fall within the bounds of the tract, so to be granted as aforesaid, lot number sixteen, for the purposes mentioned in the said ordinance of the l0th of May, 1785 ; lot number twenty-nine to he 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 townships to be given perpetually for the purposes of an university, to be laid off by the said parties of the second part, their heirs or assigns, as near the center as may be, so the same shall he of good land, to be applied to the intended object in such manner as the Legislature of the State wherein the said townships shall fall, or may he situated, shall or may think proper to direct. And the said parties of the second part do hereby for themselves, and the Directors, and Ohio Company of associates aforesaid, and every of them, and their and every 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 behalf of the the United States, by virtue of the authority so as aforesaid to them delegated and assigned), 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 prevented by incursions or opposition from the savages, or if they are so prevented, then as soon as the same can be conveniently thereafter accomplished,) the said Directors History of Athens County, Ohio - 559 and Ohio Company of associates, or some of them, their or some of their heirs or assigns shall and will cause the said tract of land to be surveyed, laid out and divided into townships, and fractional parts of townships, and also subdivided into lots, according to the directions and provisions of the land ordinance of the 20th of May, 1785, issued by Congress, and shall and will make or cause to be made, complete returns of 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 outlines of the said tract shall have been so, as aforesaid, 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 securities of the said United States, without fraud or further delay. And, inasmuch 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 have full 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 to 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 assigns, that it shall and may be lawful for the said Ohio Company of associates, 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 here-in-before described : Beginning at the place where the western boundary line of the said seventh range of townships intersects the Ohio, thence extending along that river southwesterly to the place where the western boundary line of the fifteenth range of townships, when laid out agreeable to the ordinance aforesaid, would touch the said river ; thence running 560 - Appendix. northerly on the western bounds of the said fifteenth range of townships, till a line drawn due east, 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 lands hereinafter mentioned to be reserved or appropriated to particular purposes ; thence running east to the western boundary line of the said seventh range of townships, and thence along the said line to the place of beginning.; with the rights, members and appurtenances thereof, according to the terms of the said association. Reserving, always, and excepting out of the said tract last mentioned, and the permission to cultivate the same in each township and fractional part of a township which shall fall within the same, according to the land ordinance here-in-before mentioned, lot number sixteen, for the purposes 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 complete townships for the purposes of an university, to be laid off in the manner here-in-before mentioned, and to be applied in such manner to that object as the Legislature of the State wherein the said townships 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 to time, and at all times hereafter, freely and peaceably hold and enjoy the said last-mentioned tract of land, except the said lots and parcels of land and townships so, as aforesaid, excepted ; Provided, that the covenants and agreements hereinbefore contained on the part of the said parties of the second part are observed, performed and fulfilled. 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 assigns, and to the said Ohio Company of asso- History of Athens County, Ohio - 561 ciates, so-called, for the performance of all the grants, promises and agreements hereinbefore contained, which, on the part of the said parties of the first part, or of the said States, are or ought to be kept and performed. In witness whereof, the parties to these presents have inter-changeably set their hands and seals, and the said parties of the first part have caused their seal of office to be hereunto affixed, the day and year first hereinbefore mentioned. SAMUEL OSGOOD, [L. S.] MANASSEH CUTLER, [L. S.] ARTHUR LEE, [L. S.] WINTHROP SARGENT. [L. S.] - D. - An Act authorizing the grant and conveyance of certain lands to the Ohio Company of Associates. [Act of April 21, 1792.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a certain contract expressed in an indenture executed on the 27th day of October, in the year one thousand seven hundred and eighty-seven, between the then Board of Treasury for the United States of America, of the one part, and Manasseh Cutler and Winthrop Sargent, as Agents for the Directors of the Ohio Company of Associates, of the other part, so far as the same respects the following described tract of land, that is to say ; " Beginning at a station where the Western boundary 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, Southwesterly, to a place 562 - Appendix. where the Western boundary line of the fifteenth range of townships, when laid out agreeably to the land ordinance passed the twentieth of May, one thousand seven hundred and eighty-five, would touch the said river ; thence running Northerly on the said Western bound of the said fifteenth 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 lines of this tract, seven hundred and fifty thousand acres of land, besides the several lots and parcels of land in the said contract reserved or appropriated to particular purposes; thence running 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 hereby is, authorized and empowered to issue letters patent, in the name and under the seal of the United States, hereby granting and conveying to Rufus Putnam, Manasseh Cutler, Robert Oliver, and Griffin Green, and to their heirs and assigns, in fee simple, the said described tract of land, with the reservation in the said indenture expressed, in trust for the persons composing 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 authorized and empowered, by letters patent as aforesaid, 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. Provided, That Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, or either of them, shall deliver to the Secretary of the Treasury, within six months, warrants which issued for army bounty rights sufficient for that purpose, according to the pro- vison of a resolve of Congress of the twenty-third day of July, one thousand seven hundred and eighty-seven. History of Athens County, Ohio - 563 SEC. 3. And be it further enacted, That the President be, and he hereby is, further authorized and empowered, by letters patent as aforesaid, 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 farther 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 the passing of tbis 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 settler at the time 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 acres, and of one hundred thousand acres, shall be located within the limits of the tract of one million five hundred thousand acres of land, described in the indenture aforesaid, and adjoining to the tract of land described in the first section of this act, and in such form as the President, in the letters patent, shall prescribe for that purpose. Approved, April 21, I 792. 564 - Appendix. -E.- Patent for 750,000 acres. From Records of the General Land Office.] IN THE NAME OF THE UNITED STATES. To all whom these Presents may come. Know ye, that in pursuance of the act entitled " An Act authorizing the grant and conveyance of certain lands to the Ohio Company of Associates," I do hereby grant and convey to Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, and to their heirs and assigns forever, the following described tract of land, that is to say, beginning at a station or point where the Western boundary 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 Southwesterly to a place where the Western boundary line of tbe 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 boundary of the said fifteenth 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 lines of this tract herein specified and described, seven hundred and fifty thousand acres of land beside the several lots and parcels of land in a certain contract executed on the twenty- seventh day of October, one thousand seven hundred and eighty-seven between the then Board of Treasury for the United States of America of the one part, and Manasseh Cutler and Winthrop History of Athens County, Ohio - 565 Sargent as Agents for the Directors of the Ohio Company of Associates of the other part, reserved or appropriated to particular purposes : Thence running East to the Western boundary line of the said seventh range of Townships, and thence along the said line to the place of beginning, which said tract contains as computed nine bundred and thirteen thousand eight hundred and eighty-three acres, subject however to the reservations expressed in an Indenture, executed on the twenty-seventh day of October, in the year one thousand seven hundred and eighty-seven, between the then Board of Treasury for the United States of America of the one part, and Manasseh Cutler and Winthrop Sargent agents for the Directors of the Ohio Company of Associates of the other part : To have and hold the said described tract of land with the reservations aforesaid in the said Indenture so expressed as aforesaid, to the said Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, and to their heirs and asssigns forever, in trust for the persons composing the said Ohio COmpany of Associates, according to their several rights and interests, and for their heirs and assigns as tenants in common, hereby willing and directing these letters to be made patent. Given under my hand and the seal of the United States at the city of Philadelphia this tenth day of May, in the year of our Lord, one thousand seven hundred and ninety-two and of Independence the sixteenth. By the President : [L. S.] Go. WASHINGTON. TH. JEFFERSON. 566 - Appendix. F. Patent for 214,285 acres. [From Records of the General Land Office.] IN THE NAME OF THE UNITED STATES. To all to whom these presents shall come Whereas, it hath been duly certified to me by the Secretary of the Treasury, in pursuance of the Act entitled "An Act authorizing the grant and conveyance of certain lands to the Ohio Company of Associates," that Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, have delivered to him warrants which issued for army bounty rights, sufficient for the purposes of the grant and conveyance of two hundred and fourteen thousand two hundred and eighty-five acres of land, in the second section of the above recited act mentioned according to the provision of a resolve of Congress of the twenty-third day of July, one thousand seven hundred and eighty-seven. Now, know ye, that by virtue of the above recited act, I do hereby grant and convey to the said Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, and to their heirs and assigns, one tract of land, containing two hundred and fourteen thousand two hundred and eighty-five acres, to be located within the limits of the tract of one million five hundred thousand acres described in an Indenture executed on the twenty-seventh day of October, in the year one thousand seven hundred and eighty-seven, between the then Board of Treasury for the United States of America of the one part, and Manasseh Cutler and Winthrop Sargent as agents for the Directors of the Ohio Company of History of Athens County, Ohio - 567 Associates, of the other part, and adjoining to the tract of land, described in the first section of the above recited act, and in the form herein prescribed, as follows: Beginning on a line that has been surveyed and marked by Israel Ludlow (a plat or map whereof is filed in the office of the Secretary of the Treasury) as for the North Boundary line of a tract of one million five hundred thousand acres expressed in an Indenture executed on the twenty-seventh day of October, one thousand seven hundred and eighty-seven, between the then Board of Treasury for the United States of America, of the one part, and Manasseh Cutler and Winthrop Sargent, of the other part, at a point which is and shall be established to be the Northwest corner of a tract of one hundred thousand acres granted to the said Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, by letters patent bearing even date with these presents : Thence running westerly on the said line surveyed and marked as afore said to a point where the said line would intersect the West boundary line of the eleventh range of townships if laid out agreeably to the land Ordinance passed the twentieth day of May, one thousand seven hundred and eighty-five : Thence running South on the said Western boundary of the said eleventh range of townships if laid out as aforesaid, till it would intersect a westerly continuation of the North boundary line of the third township of the seventh range of townships surveyed by the authority of the United States of America in Congress assembled : Thence running on a further Westerly continuation of the said North boundary line of the said third township to a point, station, or place where the Western boundary line of tbe sixteenth range of townships would intersect or meet the same, if laid out agreeably to the land Ordinance aforesaid : Thence running South on the said Western boundary line of the sixteenth range of townships if laid out as aforesaid, to a point, station, or place from which a hne drawn due East to the West boundary line of a tract of Nine hundred and thirteen thousand eight hundred 568 - Appendix. and eighty-three acres, granted to Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, by letters patent bearing even date with these presents, will, with the other lines of this tract as herein specified and described, comprehend Two hundred and fourteen thousand two hundred and eighty-five acres : Thence running due East to the Western boundary line of the said tract of Nine hundred and thirteen thousand eight hundred and eighty-three acres : Thence running Northerly on the said Western boundary line to the North-west corner of the said last mentioned tract : Thence running Easterly on the Northern boundary of the said last mentioned tract to the point where the same is touched or intersected by the Western boundary of the aforesaid tract of One hundred thousand acres.: Thence Northerly on the said Western boundary of the said last mentioned tract to the place of beginning. To have and to hold the aforesaid tract of two hundred and fourteen thousand two hundred and eighty-five acres of land to the said Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, and to their heirs and assigns, in trust for the persons composing the said Ohio Company of Associates, according to their several rights and interests, and for their heirs and assigns as tenants in common, hereby willing and directing these letters to be made patent. Given under my hand and the Seal of the United States at the city of Philadelphia, this tenth day of May, in the year of our Lord one thousand seven hundred and ninety-two, and of Independence the sixteenth. [L. S.] Go. WasHINGTON. By the President TH. JEFFERSON History of Athens County, Ohio - 569 -G- Patent for 100,000 acres—Donation Tract. [From Records of the General Land Office.] IN THE NAME OF THE UNITED STATES. To all whom these presents shall come : Know ye, that in pursuance of the Act entitled "An Act authorizing the grant and conveyance of certain lands to the Ohio Company of Associates" I do hereby grant and convey to Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green, and to their heirs and assigns forever, one hundred thousand acres of land to be located within the limits of the tract of one milhon five hundred thousand acres of land, described in an indenture executed on the twenty-seventh day of October in the year one thousand seven hundred and eighty-seven, between the then Board of Treasury for the United States of America, of the one part, and Manasseh Cutler and Winthrop Sargent, as Agents for the Directors of the Ohio Company of Associates, of the other part, and adjoining to the tract of land described in the first section of the above recited act, and in the form herein prescribed, as follows : Beginning on the Western boundary line of the seventh range of Townships laid out by the authority of the United States in Congress assembled, at a point which is and shall be established to be the Northeast corner of a certain tract of land containing as computed nine hundred and thirteen thousand eight hundred and eighty-three acres by letters patent bearing even date with these presents granted to the said Rufus Putnam, Manasseh Cutler, Robert Oliver, and Griffin Green : Thence running Northerly on the said Western boundary of the said seventh range of Town- 570 - Appendix ships to a point or station that has been fixed (pursuant to a survey made by Israel Ludlow, a plat or map whereof is filed in the office of the Secretary of the Treasury) as the Northeast corner of a tract of one milhon five hundred thousand acres, described in an Indenture executed on the twenty-seventh day of October, one thousand seven hundred and eighty-seven, between the then Board of Treasury for the United States of America, of the one part, and Manasseh Cutler and Winthrop Sargent, of the other part : Thence running Westerly on the Northern boundary line of the said tract of one million five hundred thousand acres as surveyed and marked by the said Israel Ludlow to a point from which a line drawn South to the Northern boundary line of the said tract of Nine hundred and thirteen thousand eight hundred and eighty-three acres, will, with the other lines of this tract herein specified and described comprehend one hundred thousand acres : Thence running South to the said Northern boundary line, and thence due East on the said Northern line to the place of beginning. To have and to hold the said one hundred thousand acres of land to the said Rufus Putnam, Manasseh Cutler, Robert Oliver and Griffin Green and to their heirs and assigns forever, in trust for the persons composing the said Ohio Company of Associates according to their several rights and interests, and for their heirs and assigns as tenants in common. Provided always nevertheless, that this grant is made on the express condition of becoming void for such part thereof as the said Company shall not have within five years from the passing of the above recited Act, to-wit : from the twenty-first day of April, in the year one thousand seven hundred and ninety-two, 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 settler at the time of such conveyance. And I do moreover will and direct these letters to be made patent. Given under my hand and the Seal of the United States at the city of Philadelphia this tenth day of May in the year of our History of Athens County, Ohio - 571 Lord one thousand seven hundred and ninety-two, and of Independence the sixteenth. [L. S.] Go. WASHINGTON. By the President: TH. JEFFERSON. -H.- CHARGE. By the Rev. Dr. Manasseh Cutler, at the ordination of Rev. Wm. Story, pastor of the church at Marietta. Given at Hamilton, Massachusetts, August isth, 1798. [Mr. Story was the first Congregational minister who preached west of the mountains.] " You are now, sir, by the laying on of hands and solemn prayer to God, set apart to the work of the gospel ministry. To your special care and charge are committed the Church and the Christian Society at Marietta, by whose express desire you are ordained their pastor. In the name of the great Head of the Church, we most solemnly charge you to be a faithful minister of the gospel. Take heed to the ministry which you have received, and fulfill it. Preach the word in its purity and simplicity. Let the most interesting truths contained in the oracles of God be the leading subject of your public discourses. Apply yourself with zeal and industry to the duties of your office. Improve the talent you have received, and bring to the people the beaten oil of the Sanctuary. Shun not to declare the whole counsel of God. As a wise instructor, teach every man. As a true watchman, warn 572 - 4ppendix. every man. As a faithful shepherd, feed, in all seasons, the flock of God ; feed Christ's sheep ; feed his lambs. You are engaged in the work of the ministry at a time when infidelity is openly professed—when it is propagated with artful industry. Attend to the internal and external evidences of divine revelation, and be always ready with those substantial arguments in support of the authenticity of the scriptures, which will silence gainsayers and evince the reasonableness of the Christian faith. My Brother, take heed to yourself. Instruct your people by your own example. Live the religion you recommend to them. Let it be your concern that the temper of your mind, as well as the tenor of your conduct, accord with the spirit of the gospel. Feel your dependence, and by ardent and daily supplications look to Heaven for divine influence. In the course of your services at the altar of God, you are to administer the sacraments of the new testament, baptism, and the Lord's supper, to all proper subjects, making the word of God your rule, and strictly adhering to the sacred institutions. You are to preside in the government of the Church with prudence and firmness. You are to dispense the discipline of God's house with faithfulness and impartiality. You are now, sir, vested with power to ordain and separate others to the work of the ministry. In the new and extended country where you are to labor, we hope there will be frequent occasions for the exercise of this part of the ministerial office. We must give it in solemn charge, that you commit this trust to faithful men ; to such as are able to teach others; to men whose acquirements and whose characters will not be a reproach to the ministry. Remember you are to lay hands suddenly on no man. To see the many new societies, now forming in your vicinity, supplied with able and faithful ministers, must be an object near your heart. It is, in every view, highly important to them, for it intimately concerns their political and social, as well as their spiritual and eternal interests. There is no description of men capable of doing more in promoting the peace, order, and real prosperity of an History of Athens County, Ohio - 573 infant country, than wise, active and faithful ministers. May it never be forgotten that an unlearned, unskillful and immoral ministry is one of the greatest evils that can befall the Church of God. Sensible that to you the care of souls is committed, you will watch for them as one that must give an account. In the course of your ministry you are to expect to meet with trials and discouragements of different kinds. Providence has cast your lot among a people collected from various parts of the world, bringing with them the sentiments, habits and manners they had previously contracted. Difficult must be the task of rendering yourself useful and acceptable to them all, while you faithfully discharge the duties of your office. To engage their attention, you must endeavor to acquire their confidence. To recommend religion and illustrate its tendency, you must persevere in a constant solicitude to promote their best good. Prudence will be indispensably requisite, and without it every other qualification will be of little avail. You need the wisdom of the serpent and the innocence of the dove. From the assiduous exertions of the people of your charge to obtain and enjoy the stated ministrations of the gospel, and the pleasing unanimity and affection with which they have elected you to be their pastor, after a probationary trial of more than eight years, you must derive the encouraging hope of their cheerful concurrence in rendering your labors agreeable and successful. May you, on your return to them, be received as an ascension gift of our blessed Lord. You have the honor, sir, to be the first regularly ordained and settled minister of the Congregational denomination in that extensive country westward of the Allegheny mountains. We, who are convinced that this denomination is most conformable to the sacred scriptures, and from long experience think it most consistent with the rights of conscience and religious liberty ; most congenial with our national government, and most friendly to those numerous municipal advantages which well formed christian societies endeavor to pro- mote, feel much satisfaction in seeing it transplanted into that growing country. You, sir, are going to a country favorable to 574 - Appendix. a high degree of population, which is capable of supporting, and probably will one day, contain inhabitants as numerous as those of the Atlantic states. You are entering on an active scene, and the noblest motives to exertion will continually present themselves to your view. To behold a country which was lately, very lately, a howling wilderness, the gloomy abodes of numerous savage tribes, the haunts and lurking places of the cruel invaders of defenseless frontiers, regardless of age and sex, sporting with the agonies of captives, while expiring under their infernal tortures. A people ignorant of the True God, and devoted to their heathen rites and barbarous superstitions. To see this country so rapidly changing into cultured fields, inhabited by civil and well regulated societies, peaceably enjoying the fruits of their enterprise, industry, culture and commerce, to hear the voice of plenty, urbanity and social enjoyment, above all, to see it illumed by the pure and benevolent religion of the gospel, enjoyed in all its regular ministrations and divine ordinances. To behold scenes and events like these, my Brother, are not merely pleasing contemplations, they are animating motives to zeal and activity in your ministerial labors. It would have afforded great additional happiness to have seen these savage tribes converted to the christian faith. But it gives much satisfaction, and may prepare the way for the introduction of the gospel among them, that a peace, wise and just in its principles, and which promises a permanent duration, has been concluded with them. Government having fairly and honorably purchased of them their right to the soil, they are quietly retreating into distant parts of the wilderness. I can not forbear reminding you, my dear sir, that on the very ground where you are statedly to dispense the gospel, you behold those ancient ruins, those extended walls and elevated mounds which were erected many ages ago. These works must have required, for years, the labors of thousands, and are certain indications that vast numbers of the natives once inhabited this place. When these antiquities are minutely examined, they induce belief that part of them, at least, are the monuments of ancient superstition. History of Athens County, Ohio - 575 Their temples and their idols were probably placed on the elevated square mounds, where the ceremonies of their gloomy heathenish devotions were performed. On these mounds, in all probability, numerous human sacrifices have been offered. May we adore Providence, which is now planting on this memorable spot, the evangelical religion of Jesus. Here may it be permanently established, and may its benign influence be extended throughout every part of the American world. Here may you, sir, be long continued a faithful and successful minister. In contemplating the magnitude and importance of the work to which you are this day solemnly consecrated, well may you ask : Who is sufficient for these things?. Trust not in your own strength, but in Him whose grace is sufficient for you. Feel the influence not merely of those local considerations which your particular situation so naturally suggests, but of those great truths and momentous concerns which the gospel will continually present to your view. You are now about to take your leave, probably a final leave, of your nearest connections. May the painful hour of parting with them be cheered by the reflection that you are going on a great and useful, an honorable and glorious errand—a work which holy angels would, with pleasure, perform. Those benevolent spirits who sang praises to God in the highest, because there was on earth peace and good will toward men, would cheerfully be employed in turning men from the error of their ways and saving souls from death. Go, then, my Friend, and the God of peace be with you. 576 - Appendix I. Reminiscences furnished by Dr. Chauncey F. Perkins. Received too late to be inserted in their proper place : Athens Township. In the spring of 1801, being then about nineteen years old, I left Marietta, in company with a friend, to join my father's family at Athens. Marietta, at that time the largest town in the northwestern territory, had a population of about five hundred. Leaving the town bebind us, and crossing an open common bordering "Point Harmar," our course led directly into the dense forest. We traveled on horseback. The rough and difficult road, which was a mere bridle-path, winding over steep hills and through interlying valleys, was skirted on either side by a wilderness, hardly broken by a few log cabins all the way from Marietta to Middletown, as Atbens was then generally called. At Amesville, even then celebrated for its thrifty and intelligent population, the names of some of whom are still preserved among the best citizens of the county, we stopped to refresh ourselves and animals, and were most hospitably entertained. Pursuing our way through tbe still unending forest, we reached, about sunset, the summit of the river hill overlooking the plateau where the site of the town of Athens had been fixed. A few log cabins dotted the scene before us ; but, for the most part, the soil was thickly covered with beech, maple, and enormous poplar trees. My father occupied one of the log cabins. Here we soon arrived and were warmly welcomed, and here, for some years afterward, was my home. Among the leading citizens of the future county at this time, I remember Josiah True, Solomon Tuttle, Daniel Weethee, the Rev. Mr. Pugsley, History of Athens County, Ohio - 577 Elijah Hatch, the Crippens, Hopson Beebe, Mr. Buckingham, Asahel Cooley, Mr. Johnson, Judge Ames, George Ewing, and others whose names I mention elsewhere. At this time, and for many years afterward, the town and vicinity were greatly subject to remittent and intermittent fevers, caused, doubtless, by several ponds and marshes of considerable extent near the town, which diffused a miasma. In the course of fifteen or twenty years these marshes were pretty thoroughly ildrained and reclaimed, when the endemic diseases in a great degree ceased. A year or two after I went to Athens, the old burying ground was cleared and denuded of trees, my father, Dr. Eliphaz Perkins, superintending and performing a share of the work. The first person buried therein was Mrs. Susanna Anthony, the mother of Dr. Perkins's wife, and aunt of General Nathaniel Greene, of revolutionary memory. During several years, my father was the only physician living anywhere in the extensive region bounded east by Marietta and Waterford, west by Chillicothe, north by Lancaster and Zanesville, and south by Gallipolis and Portsmouth. His rides during this period were accordingly often accompanied with great exposure, fatigue, and danger. The spring of 1803 was, I presume, one of the most premature ever known in the locality of Athens. I well remember, that, in February, many peach trees were in blossom, and, from that time until the 6th of May, the temperature was like that of summer. At the date last named, peaches and apples, with which the trees were unusually laden, had attained the size of potato balls, or large grapes, and most of the forest trees were in full leaf. Rising, however, on the morning of the 6th of May, we found the temperature greatly reduced. It became rapidly colder, and, before ten o'clock, snow began to fall, and, notwithstanding the warm condition of the ground, it was, before night, completely covered with snow. At that time, my brother Jabez, three years my junior, and I were working on a farm of my father's, about five miles from Athens, where we were living by ourselves in a small cabin. We had been working 578 - Appendix. through the week, and this was a Saturday. The provisions we had, as usual, brought with us from home on Monday, were exhausted, and we had to return for more. We had either worn out our shoes, or left them at home, I am not certain which, and were barefoot. Standing in the door of our cabin we contemplated, with no comfortable feelings, the wintry prospect, and the apparent necessity of walking home through the snow without shoes. However, the case admitted of but one conclusion. We buttoned up our coats, and, stepping out into the snow, started at a "dog trot" for home. We made the trip in pretty good time, crossing the Hockhocking twice in a scow, and suffered no injury from the adventure. During the next night the cold became so intense as to kill all the fruits, strip the leaves from the forest, and entirely destroy the herbage on which the cattle had begun to fatten. Not a peach or apple grew in Southern Ohio, that year, except a few on the islands in the Ohio river. It was about this time, perhaps in 1805, that the celebrated Aaron Burr visited Athens. He was then, as it afterward appeared, vigorously though secretly pursuing his nefarious schemes for the separation of the Union. He took up his lodgings at the public house kept by Capt. Silas Bingham, and remained there several days. Probably the object of his visit was to sound some of the leading men in the settlement with a view to gaining adherents, but whether he directly approached any one during his stay at Athens I do not know. Burr was at this time a very elegant appearing gentleman, and his manners, studiously fascinating, were in marked contrast to those of the plain, honest people among whom he sojourned. He was arrested very soon after this, and his career brought to a close. In 1804, I think it was, Governor Tiffin, first Governor of Ohio, spent several days at my father's house in connection with the early efforts to organize the Ohio university. I have a very clear recollection of his fine conversational powers and History of Athens County, Ohio - 579 his easy, graceful manners. He made himself exceedingly agreeable during his stay in our family, especially by his entertaining and instructive talk with the younger members of it. He was deeply interested in the establishment of the university, and took an active part in all matters relating to it. I was studying medicine at that time, and the Governor (who was an accomplished physician and surgeon) gave me many instructive passages and anecdotes of his own experience. Speaking of Governor Tiffin, reminds me of an anecdote of another early governor of Ohio—Governor Morrow. While visiting Athens at one time as president, ex officio, of the board of trustees of the university, sitting down to dinner one day at the village tavern, Governor Morrow found himself in contact with a number of the students. The latter began to help themselves without ceremony to the food before them when the Governor, who was a very pious man, stopped them, saying, "Young gentlemen, you have forgotten to ask the blessing of God on this food," whereupon all paused, and the Governor solemnly performed that ceremony. I had some acquaintance with Lieut. George Ewing, father of the Hon. Thomas Ewing, of Ames township. As a family they possessed strong natural traits of character. The father was a man of shrewd observation, sound judgment, and considerable reading, and withal an excellent neighbor and citizen. They were poor, and Thomas carved out his own career from the beginning, almost totally unaided. When he came to attend the academy at Athens, in 1811 or '12, he was a handsome and athletic youth, and soon became celebrated scarcely less for his feats of agility and strength than for his rapid intellectual triumphs. While at college, besides working portions of the year in the Kanawha salines, he did " chores " for Dr. Lindley, thus contributing to his support. After the usual period of study he received the degree of A. B., and his subsequent career as lawyer and statesman is well known. I am reminded here of another statesman and lawyer not 580 - Appendix. unworthy to be named with Thomas Ewing, and who also made his professional debut at Athens—the late Lewis Cass. His father's family had removed to Marietta in 1800, Lewis being at that time about eighteen years old (he was almost exactly my own age). The family soon left Marietta and settled near Zanesville, but Lewis remained at the former place, where he studied law, and was admitted to the Bar in 1802. I well recollect a speech he made at Athens in 1803, and which I am almost confident was his first effort at the Bar. At that time he was not fluent in speaking, and his manner was somewhat severe. But few men, I imagine, ever improved more rapidly in their oratory than did Mr. Cass. About two years after his admission to the Bar he removed to Zanesville, where he soon became known as a successful lawyer, and his long subsequent career was both brilliant and honorable. When I went to Athens, and for many years afterward, the forests abounded in wild animals of various sorts. Deer were killed with great ease, and were the principal reliance of the settlers for meat, while smaller game was equally abundant. Panthers, black bears and wolves were also sufficiently plenty. The panther though sometimes extremely ferocious, at others seemed comparatively tame. My father and brother Henry were one day traversing the woods on Stroud's run, when they discov- ered resting among the limbs of a tree very near them a large panther ; he seemed quiet and suffered them to proceed, and they saw him no more. As Captain David Pratt was one day looking for his cows in the woods not far from Athens, he was attracted by the furious barking of his dog at the base of a large tree. Approaching and scanning the trunk, Captain Pratt discovered a large catamount reposing on the very limb under which he had been standing. The animal's eyes were glaring and his sinewy legs were gathered for a spring. Quick as thought Captain Pratt leveled his rifle, fired, and the panther came tumbling down he measured nine feet from tip to tip. I am persuaded that the black bear (ursus rimericanus) is naturally a timid animal, though History of Athens County, Ohio - 581 under the influence of hunger he becomes bold, and in self-defense, or if a female, in defending her young, they are very ferocious. I have very often while walking in the forests about Athens, seen bruin emerge into the path I was pursuing, and cantering up the hill before me disappear in the woods, as timid as a hare. For some years after I went to Athens to live, there were no churches or meeting-houses in the county. Religious services, when any were had, were held in some private dwelling, or barn, or perhaps rude school house with oiled-paper windows to admit the light, and fitted up with rough benches. Such shelter was sought in cold weather. In the summer, the congregation generally assembled in the open air under the spreading branches of the trees, where, seated on benches hastily prepared for the occasion, they listened to the welcome message of the traveling preacher, who was either an independent missionary or sent on a missionary tour by the body to which he belonged. I am speaking of the first years of the century. Shortly after the organization of the county, regular circuits were established by the Methodist bishops, and the circuit rider preached at regular periods at the several stations of his circuit in consecutive order. Thus, with occasional visits from Baptist, Presbyterian or Con- gregational ministers, the spirit of Christianity was kept alive. Prominent among the Methodist preachers were the Rev. Messrs. Thompson, Joseph and William McMahon, Young, and Thomas Morris ; among the Baptists, the Rev. Messrs. Pugsley and Stedman ; and among the Congregationalists and Presbyterians, the Rev. Daniel Story, the Rev. Mr. Robbins, and the Rev. Jacob Lindley. In 1814-15, the county was visited by a terrible epidemic designated then as the "cold plague." I recall with painful emo- tions the events of that period. My father had, from increasing infirmities, almost wholly retired from the practice of his profession, and I had succeeded in some measure to his business. 582 - Appendix. Thus it fell to my lot in connection with my professional brethren to participate in the warfare against this dreadful disease. The leading physicians of the county at that time were Dr. Ezra Walker, of Ames, and Dr. Leonard Jewett, of Athens, both of them very skillful practitioners. The disease was not confined to the western regions ; indeed it originated in New England, and had, in many instances, baffled the efforts of the best physicians there. We all labored intensely duriug the winter, and I am forced to confess in my own case that I had but little success. The disease raged with terrible violence, and many died in all parts of the county.