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150 - HISTORICAL COLLECTIONS. The United States having thus set up a claim to the territory, General Parsons caused his patent to be recorded in the Recorder's office, that county, as did likewise many of the subsequent purchasers from him of several parcels of that tract. Still as it was a doubtful question whether this territory was in fact in Washington County legally at anytime, most, but not all, those deeds were again recorded in Trumbull County, after its organization, and the United States had acquired unquestionable jurisdiction. In the the year 1798, Jefferson County was carved out, a part of Washington County, and this territory embraced within its limits, and so continued until the organization of Trumbull County. During this period, two deeds of land in this tract were there recorded which have never been recorded in Trumbull County. No taxes were ever effectually imposed on any lands within the Connecticut Reserve until after the organization of Trumbull County ; although there were some inhabitants in the territory before that period, yet they were left in a state of nature so far as civil government was concerned by the State of Connecticut, and but once were they disturbed by the United States, when the authorities of Jefferson County sent Zenas Kimberly into this county to inquire into the situation of things with a view of taxation. As the people did not acknowledge the jurisdiction of the United States, they beset him with laughter and ridicule, until he left them, and no further effort was made to interfere with them until the question of jurisdiction was afterward settled, and the territory became an undoubted part of the north-western territory. 0 The British army having invaded, during the Revolutionary War, the State of Connecticut, and having partially or wholly burned several of her towns and villages, measures were taken to make an estimate of the loss sustained by each holder of property in the different places by the enemy. Most of the destruction was by the fire. Committees were appointed, who reported the names of the sufferers and the loss sustained by each to the Legislature. In the year 1791, a petition was sent to the Legislature, by a large number of the sufferers, inhabitants of the towns. of Fairfied, and Norwalk, praying the Legislature to remunerate them for their losses. A committee was appointed to ascertain the amount of the losses of those who petitioned, and all others in similar circumstances, and to report to the Legislature thereafter. This committee had recourse to the list of sufferers and the estimate of their losses, which had been returned to the Assembly, as the basis of their report which they made. MAHONING VALLEY - 151 The Legislature in their session in May, 1792, took up the report their committee, and released to the sufferers then alive, whose .names appeared on the list made, and where any were then dead, to their legal representatives and to their heirs and assigns forever, five hundred thousand acres of land, then belonging to the State, west of the State of Pennsylvania, bounding northerly on timesiore of Lake Erie, beginning at the west line of said lands and extending eastward to a line running northerly and southerly parallel to the east line of the tract belonging to the State, and extending the whole width of the land, and easterly so far as to make the quanty of five hundred thousand acres, to be divided among them in proportion to their several losses, to which grant was appended the names of all the original sufferers and the sum of their several losses. This grant it may be observed included none of the islands within the limits of the claim of Connecticut in Lake Erie, and north of the western part of the Reserve. The State of Connecticut having sold to Samuel B. Parsons, a tract of twenty-four thousand acres, and having given to the Revolutionary sufferers one-half million acres of land, in the year 1795, came to a determination to sell the balance of her western lands. At a session of the General Assembly, of that State, held at Hartford, in May, 1795 a resolution, directing the sale of these lands, was passed as follows: "Resolved, by this Assembly, that a committee be appointed to receive any proposals that may be made by any person or persons, whether inhabitants of the United States or others, for the purchase of the lands belonging to this State lying west of the west line of Pennsylvania as claimed by said State, and the said committee are hereby fully authorized and empowered, in the name and behalf of this State, to negotiate with any such person or persons on the subject of any such proposals. And, also, to form and complete any contract or contracts for the sale of said lands, and to make and execute, under their hands and seals, to the purchaser or purchasers, a deed or deeds duly authenticated, quitting, in behalf of this State, all right, title, and interest, juridical and territorial, in and to the said lands, to letim or them, and to his or their heirs, forever. That before the ex- eeuting of such deed or deeds, the purchaser or purchasers, shall give their personal note or bond, payable to the treasurer of this State, for the purchase money, carrying an interest of six per centum, pay- able annually, to commence from the date thereof, or from such future period, not exceeding two years, from the date, as circum- 152 - HISTORICAL COLLECTIONS. stances, in the opinion of the committee may require, and as may be agreed on between them and the said purchaser or purchasers with good and sufficient sureties, inhabitants of this State, or with a sufficient deposit of bank or other stock of the United States or of the particular States, which note or bond shall be taken payable at a- period not more remote than five years from the date, or if by an.. nual installments so that the last installment be payable within ten years from the date, either in specie or in six per cent, three per cent, or deferred stock of the United States, at the disCretion of the Committee. That if the Committee shall find that it will be most beneficial to the State or its citizens to form several contracts for the sale of said lands, they shall not consummate any of the said contracts' apart by themselves while the others lie in a train of negotiation only, but all the contracts which taken together shall comprise the whole quantity of the said lands shall be consummated together, and the purchasers shall hold their respective parts or proportions as ten ants in common of the whole tract or territory, and not in severalty. That said Committee in whatever manner they shall find it best to sell the said lands, whether by an entire contract or bly several contracts, shall in no case be at liberty to sell the whole, quantity for a principal sum less than one million of dollars in specie, or if day of payment be given, for a sum of less value than one million of dollars in specie with interest at six per cent per annum from the time of such sale." At the same session a resolution was passed in the following words : " This Assembly do appoint John Treadwell, James Wadsworth, Marvin Wait, William Edmonds, Thomas Grosvenor, Aaron Austin, Elijah Hubbard, and Sylvester Gilbert, Esquires, a Committee to negotiate a sale of the Western lands belonging to this State lying west of the west line of Pennsylvania, as claimed by said State, according to a resolve for that purpose, passed at the present session of the General Assembly," These eight men were selected, one from each of the eight counties of the State. John Treadwell resided in Hartford County; James Wadsworth, in New Haven; Marvin Wait, in New London; William Edmonds, in Fairfield. Thomas Grosvenor was a resident of Windham ; Aaron Austin, of Litchfield ; Elijah Hubbard, of Middlesex; and Sylvester Gilbert, of Tolland County. These men entered into separate contracts with sundry individuals, in the aggregate amounting to twelve hundred thousand dollars. The several pur- MAHONING VALLEY - 153 chasers made their bargain in general, each for himself, disconnected with any other. There were exceptions, however, in a few instances- some two or three associated together and took their deeds jointly. The contracts were made as follows : With Joseph Howland and Daniel L. Coit - $30,461 Elias Morgan and Daniel L. Coit - 51,402 Caleb Atwater - 22,846 Daniel Holbrook - 8,750 Joseph Williams - 15,231 William Law - 10,500 William Judd - 16,250 Elisha Hyde and Uriah Tracy - 57,400 James Johnston - 30,000 Samuel Mather, Jr. - 18,461 Ephraim Kirby, Elijah Boardman, and Urial Holmes, Jr - 60,000 Solomon Griswold - 10,000 Oliver Phelps and Gideon Granger, Jr. - 80,000 William Hart  - 30,462 Henry Champion, 2d - 85,675 Asher Miller - 34,000 Robert C. Johnson - 60,000 Ephraim Root - 42,000 Nehemiah Hubbard, Jr - 19,039 Solomon Cowles - 10,000 Oliver Phelps - $168,185 Ashael Hathaway - 12,000 John Caldwell and Pelig Sanford - 15,000 Timothy Burr - 15,231 Luther Loomis and Ebenezer King, Jr. - 44,318 William Lyman, John Stoddard, and David King - 24,730 Moses Cleveland - 32,600 Samuel P. Lord - 14,092 Roger Newbury, Enoch Perkins, and Jonathan Brace - 38,000 Ephraim Starr - 17,415 Sylvanus Griswold - 1,683 Jozeb Stocking and Joshua Stow - 11,423 Titus Street - 22,846 James Ball, Aaron Olmstead, and John Wiles - 30,000 Pierpoint Edwards - 60,000 Amounting to - $1,200,000 The deeds were made to the several purchasers in the foregoing proportions. These deeds were recorded in the office of the Secretary of the State of Connecticut. They were afterward all transcribed into a book, commonly designated as the "Book of Drafts," but which embraces all the proceedings of the Connecticut Land Company, so far as any history of them is to be found in the State of Ohio. The book is flow in the office of the Recorder of Deeds, in Trumbull County. A certificate is appended to the copy of each deed, certifying that it is a true copy, and signed by Samuel Wylle, Secretary. Some of those deeds have again been recorded in Trumbull County, records book, E. ARTICLES OF ASSOCIATION AND AGREEMENT, CONSTITUTING THE CONNECTICUT LAND COMPANY. ARTICLE I. It is agreed that the individuals concerned in the purchase made this day, of the Connecticut Western Reserve, shall be Called the Connecticut Land Company. ART. II. It is agreed that the committee, appointed by the applicants for purchasing said Reserve, shall receive from the Committee, of whom said purchase has been made, each deed which shall be ex- 154 - HISTORICAL COLLECTIONS. executed to a purchaser ; and in their hands shall retain said deed until the proprietors thereof shall execute a deed in trust to John Caldwell, Jonathan Brace, and John Morgan, and the survivors of them, and the last survivor of said three persons and his heirs for. ever, to hold in trust for such proprietor his share in said purchase and to be disposed of as directed and agreed in the following articles. ART. III. It is agreed that seven persons shall be appointed by the Company at a meeting to be holden this day at the house of John Lee, in Hartford, who shall be a Board of Directors for said Company, and that said Directors, or the majority thereof, shall have power, at the expense of said Company, to procure an extinguishment of the Indian title to said Reserve, if said title is not already extinguished, to survey the whole of said Reserve, and to lay the same out into townships containing sixteen thousand acres each, to fix on a township in which the first settlement shall be made, to survey that township into small lots, in such manner as they shall think proper, and to sell and dispose of said lots to actual settlers only. To erect in said township a saw-mill and grist-mill at the expense of said Company, to lay out and sell five other townships, of sixteen thousand acres each, to actual settlers only. And the said trustees shall execute deeds of such part or parts of said six townships as shall be sold by said Directors to said purchasers, but in case there shall be any salt spring or springs, in said six townships, or in any or either of them, said Directors shall not sell spring or springs; lint shall reserve the same, together with two thousand acres of land, inclosing said spring or springs. Said Directors shall also have power to extinguish, if possible, the Indian title, if any, to said Reserve, and to make all said surveys within two years from this date, and sooner if possible. And when said Indian title, if any, shall have been extinguished, and said surveys made, said Trustees, or a majority thereof, shall convey to each proprietor of said Reserve, or any member who shall agree, his or their proportion or right therein, in severalty, the mode of dividing said Reserve, however, to be in conformity to the orders and directions of the major part of the proprietors assembled at any meeting of the proprietors convened, and holden according to the mode hereinafter marked out. ART. IV. It is also agreed that said Directors shall cause the persons employed by them in surveying said Reserve to keep a regular field book, describing minutely and accurately the situation, soil, waters, kinds of timber, and natural productions of each township MAHONING VALLEY - 155 surveyed by them, which book said Directors shall cause to be kept in the office of the Clerk of said Directors, and the said book shall̊ be open to the inspection of each proprietor at all times. ART. V. It is agreed that said Directors shall appoint a clerk, „lin shall keep a regular journal of all the votes and proceedings of Said Directors, and of the money disbursed by them for the use of the Company ; and said Directors shall determine the wages of such clerks ; and the said Directors shall, once in a year, settle their accounts with the proprietors; and that all moneys, received by the Directors for taxes and the sale of lands, shall be subject to the disposal. and direction of the Company. ART. VI. It is agreed that the Trustees shall give certificates, agreeable to the form hereinafter prescribed, to all the proprietors in the original purchase made from this State, and that the grantees from said State shall lodge with the Trustees the names of the proprietors, for whom they respectively receive deeds, and the proportion of land to which said proprietors are entitled, a copy of which shall be lodged, by the Trustees, with the clerk of the Directors. It is further agreed that all transfers made by any proprietors shall be recorded in the book of the clerk of the Directors, and no person claiming as an assignee shall be acknowledged as such until his deed shall have been thus recorded. ART. VII. It is agreed, in order to enable said Board of Directors to perform and accomplish the business assigned them, that they shall be paid a tax, in the proportion of ten dollars on each of the shares of the Company, to the clerk of the Directors, to be at the disposal of said Directors for the purpose aforesaid, which said tax shall be paid to said clerk on or before the sixth day of October next. ART. VIII - It is agreed that the whole of said Reserve shall be divided into four hundred shares, and that the following shall be the mode of voting by the proprietors in their meetings : Every proprietor of one share shall have one vote, and every proprietor of more than one share have one vote for for every shares, provided that the question of the time of making a partition of the territory, every share shall be entitled to one vote. the first share, and then one vote for every two shares, till the number of forty shares, and then one vote   ART. IX. It is agreed that the aforesaid Trustees shall, on receiving a deed from any purchaser, according to the tenor of these articles, give to such proprietors a certificate in the following words : 156 - HISTORICAL COLLECTIONS. CONNECTICUT LAND COMPANY. Hartford, September 5, 1795 This certifies that _____ is entitled to the trust and benefit of twelve hundredth thousandths of the Connecticut Western Reserve, so called, as held by John Caldwell, Jonathan Brace, and John Morgan, Trustees, in a deed of trust, dated the fifth day of September, one thousand seven hundred and ninety-five, to hold said proportion or share to ____ , the said _____ , heirs, and assigns, according to the terms, .conditions, covenants, and exceptions contained in the said deed of trust and in certain articles of agreement, entered into by the persons composing the Connecticut Land Company, which said share is transferable by assignment, under hand and seal, witnessed by two witnesses, and acknowledged before any justice of the peace in the State of Connecticut, or before a notary public or judge of the common pleas in any of the United States, and to be recorded by the clerk of the Board of Directors, which said certificate shall be complete evidence of such person of his right in said reserve, and shall be recorded by the clerk of the Directors in the book, which said clerk shall keep for the purpose of registering deeds. ART. X. It is agreed that the first meeting of said Company be at the State-house, in Hartford, on Tuesday, the sixth of October next, at two of the clock, in the afternoon, at which meeting the mode of making partition shall be determined by the major vote of the proprietors there present, taking such votes by the principle herein- before marked out. It is also agreed that in all meetings of the Company the prop etors shall be admitted to vote in person or by their proper attorney, legally authorized; and it is further agreed that there shall be a meeting of the Company, at the State-house, in Hartford, at two o'clock, in the afternoon, the Monday next before the second Tuesday, in October, 1796, and another meeting of said Company, at the same place, at two o'clock, in the afternoon, the Tuesday next before the second Tuesday, in October, 1797, and that the said Directors shall have power to call, occasionally, meetings, at such times as they think proper; but such meetings shall always be at Hartford, and said Directors shall give notice in some one newspaper, in each county in Connecticut, where newspapers are published, of the time and place of holding said meetings, whether stated or occasional, by publishing such notification in such papers, under their hands, for three MAHON1NG VALLEY - 157 weeks successively, within six weeks next before the day of such meeting' ART, XI. And, whereas. some of the proprietors may choose that their proportions of said Reserve should be divided to them in one lot or location, it is agreed that in case one-third in value of the owners shall, after a survey of said Reserve in townships, signify to ,aid Directors or meeting a request that such third part be set off in manner aforesaid, that said Directors may appoint three commissioners, who shall have power to divide the whole of said purchase into three parts, equal in value, according to quantity, quality, and situation; and when said commissioners shall have so divided said Reserve, and made a report in writing of their doings to said Directors, describing precisely the boundaries of each part, the said Directors shall call a meeting of said proprietors, giving the notice required by these articles; and at such meeting the said three parts shall be numbered, and the number of each part shall be written on a separate piece of paper, and shall, in the presence of such meeting, be by the chairman of said meeting put into a box, and a person, appointed by said meeting for that purpose, shall draw out of said box one of said numbers, and the part designated by such number shall be aparted to such person or persons requesting such a severance, and the said Trustees shall, upon receiving a written direction from said Directors for that purpose, execute a' deed to such person or persons accordingly ; after which, such person or persons shall have no power to act in said Company. ART. XII. It is agreed that the Company shall have power, by a major vote, to raise money by a tax on the proprietors, to be apportioned equally to each proprietor, according to his interest; and, in blcvaeiseteiolin anfiyft days, when the proprietor lives in the State; if out of the proprietors shall neglect to pay his proportion of said taxes State, within one hundred and twenty days after the same shall have become payable ; and, after the publication thereof in the newspapers of this State, in the manner provided for warning meetings, that the Directors shall have power to dispose of so much of the interest of such delinquent proprietor in said Reserve as may be necessary to Pay the tax so as aforesaid due and unsatisfied ; and, in case any proprietor shall neglect to pay the tax of ten dollars upon a share, agreed to by these articles, within fifty days after the time of payment, so much his share, as will raise his part of said tax, may be sold as aforesaid. ART. XIII. In case of the death of any one or more of the Trustees, the company may appoint a successor to such deceased person or 158 - HISTORICAL COLLECTIONS persons in said trust ; and, upon such appointment being made, the surviving Trustee or Trustees shall pass a deed or deeds to such sue. cessor or successors, to hold the premises as co-trustees with the silt. viving Trustees, in the same manner as the original Trustees hem the same.   ART. XIV. It is agreed that the Directors, in transacting the business of said Company according to the articles aforesaid, shall he subject to the control of said Company by a vote at least three-fourths of the interest of said Company.   In pursuance of those articles of association on the same day, the Company held a meeting at Hartford, and after appointing Wm. Hart moderator of their meeting, and Enoch Perkins clerk, they proceeded to appoint Oliver Phelps, Henry Champion 2d, Moses Cleveland, Samuel W. Johnson, Ephraim Kirby, Samuel Mather, Jr., and Roger Newbury, Directors.   At a meeting of the Company on the first Tuesday of April, A. D., 1796, Ephraim Root was appointed clerk. He continued to be clerk until the Company was dissolved in A. D., 1809. A moderator . was chosen at each meeting to preside at that meeting, and the Direc- tors were changed from time to time.   At the meeting held in April, A. D., 1796, a mode of partition was agreed upon and a resolution was passed as follows:   "Resolved, That after so much of the Western Reserve as is free from Indian claims shall have been surveyed into townships, according to the third article of our Constitution, the proprietors shall, at a meeting of said proprietors, legally warned for that purpose, elect and appoint three or more judicious persons, who, or a majority of them, shall be a committee to divide said parts of said Reserve, according to its relative value. And for that purpose, said committee, as soon as may be, shall go upon said lands and shall view and explore the same, and shall then select from the lands which shall not have been previously disposed of by our Directors, four townships in said part of said reserve, which they judge to be of the greatest value on account of their situation, natural advantages, etc., which four said townships shall by said committee be divided into lots of such size as they shall judge proper, not less than one hundred lots in each of said towns, and each and every person or persons entitled to one or more shares of said reserve (each share being one four-hundredth part of said reserve), shall be allowed to draw in the order hereafter mentioned by lot for each share by him or them held, one or more   MAHONING VALLEY - 159   lot or lots in said towns, as said committee shall determine. The committee shall then proceed to make an estimate of the remaining townships as they shall judge necessary to appropriate for equalizing said townships, which townships thus selected shall be the next in quality, and goodness to the four townships first mentioned. After which they shall ascertain the first remaining township or townships; if there should be two or more townships of an equal value, they shall then set apart and annex to each township, of a value inferior to the township or townships last mentioned, so many acres from some one of the towns selected, for the purpose of equalizing as aforesaid, as they shall judge necessary, to make said township equal in value to the township or townships next in value to the lands selected as aforesaid, And the township, which shall be selected for the purpose of equalizing as aforesaid, shall, by said committee, be designated and made known by being numbered, and also by being described by their metes and bounds; and each and every fractional part of said towns, and each of them shall be designated and made known by being numbered, and also by being described by particular metes and bounds; and said committee shall also accurately state and describe to what particular township, of inferior value, each particular fractional part of said selected township is annexed, and also the number of acres contained in said fractional part; and said committee shall cause said fractional parts of equalizing townships to be surveyed, and shall also cause said first-mentioned four townships to be surveyed, and shall describe, by number and by metes and bounds, each lot in said four townships, and shall ascertain and determine the number of lots in said four townships, which shall be drawn for by each share or four-hundredth part; and, in case it shall happen that said land can not all be surveyed into townships of sixteen thousand acres, said committee shall annex to the part or parts of said land, which can not be surveyed into townships of the aforesaid size, so much of the aforesaid size, so much of the aforesaid townships, which shall be set apart to equalize said townships of inferior value as will render said part or parts, i s, as can not be surveyed as aforesaid, equal in value to the best town or towns after said selected towns, and said part or parts with the lands annexed to them shall be considered as towns and as such be drawn for upon the division of said property. And, immediately after completing said valuation and allotment, said committee shall deposit with the clerk of the Company a complete and full re- Pert of their doings, which report shall, by said clerk, be recorded in the Company books at full length. And said clerk, upon reception of   160 - HISTORICAL COLLECTIONS.   said report, shall notify the Directors thereof, who shall iinmediately call a meeting of the proprietors for the purpose of a division. And the business of said meeting shall be specified in the notification thereof, at which meeting said entire townshipo, together with the lands annexed to them, if any, and said part or parts, which could not be surveyed into, townships, with the lands annexed to them, shall be drawn for by lot; which drawing shall be by putting the number of each township and also the number of each part, which can not be surveyed into a township, into a box, and, in the presence of said meeting, said number shall, by said clerk, be drawn against the name of each proprietor; arranged in alphabetical order, And, when there shall be several pers'ons who shall be entitled to one township only, the number shall be drawn against the partner's name who stands first in alphabetical order, and the lot in said four townships shall be drawn in the same manner.   "If there shall be any proprietor who shall be entitled to a part of a township, or a part of a lot only, whether from the smallness of their interest or otherwise, then, and in that case, if so many proprietors as shall be entitled to a township or lot shall agree to take a township or lot in common, they shall have a right to draw for a township or lot upon the same principles and in the same manner as is above provided; but, if such proprietors shall not agree to draw together for a township or lot, the proprietors at said meeting shall appoint three persons, who shall determine what proprietors shall join in drawing a township or lot, and said proprietors shall draw accordingly, so that all the property shall be drawn by an interest that has a right to a township or lot, and in such mode that each proprietor shall have his just proportion of said lands. And in case the proprietors, who shall jointly, as aforesaid, draw any township or lot, can not agree upon an actual partition, then the first-mentioned committee, or others to be appointed for that purpose, shall, upon application of a major part of said proprietors, at the expense of the Company, by going upon the land, or otherwise, as they shall judge proper, apart and set off, in severalty to each proprietor of each town or lot, his share and proportion in such township, lot, or tract aparted as aforesaid, having reference to quantity and quality; and, when said committee shall have so aparted and set off to each proprietor his share and proportion as aforesaid, said committee shall lodge with said clerk a description of each proprietor's share or proportion therein ascertained, which shall be recorded by said clerk. And,, in case the committee, that may be elected for the purpose aforesaid, or any one or   MAHONING VALLEY - 161   more of them, shall neglect or become incapable to perform the business of said appointment, then, and in such case, the proprietors may/ at a meeting warned for that purpose, elect any one or more new coin- mittee men, to serve in the place of such person or persons as may neglect to act, or become incapable of acting.   "Whenever a partition of said lands shall be made, as is herein provided, and shall be returned to the clerk of the Directors, the same shall be, by said clerk, recorded in the Company's books, and a list of each proprietor's share, which shall be set to him as aforesaid, shall, with a true copy of the doings of said committee, be by said clerk transmitted to the Trustees appointed by this Company, and, thereupon, said Trustees shall be authorized to, and shall convey, in fee simple to each proprietor his share, in severalty, according to the Constitution of the Company.   "And each proprietor of a township or lot, after the first general division shall have been recorded by said clerk, and previous to the division between the proprietors of a town or lot shall have a good right to a conveyance of his part of said land, for which purpose said clerk shall transmit to said Trustees a copy of said general division.   "It is further agreed that whenever the Indian claim to the residue of said land shall be extinguished and said land surveyed, a division of that part of said land shall be made upon the principles and in the manner aforesaid. And the proprietor or the proprietors of the excess of three millions of acres of land if any (whenever partition of said Reserve is made as aforesaid) shall be entitled to draw for his or their share of the land by them respectively owned, in the same manner and under the same regulations in every respect as the proprietors of the Land Company shall draw for their land. Provided, nevertheless, that nothing contained in the foregoing resolutions shall divest any proprietor or proprietors of the rights vested in him or them by the eleventh article of the Constitution of the Company."   At the time this mode of partition was adopted all the land belonging to the Company west of the Greenville treaty line, or west of the Cuyahoga River, the Portage path and the Turcarawas River, was subject to the Indian claim.   The last of these resolutions refers to a supposed surplus over three millions of acres. At the time the purchase was made, the territory was estimated at three millions of acres, and the surplus, if any, whenever ascertained, was, by an arrangement, made the exclusive property of certain individuals of the Company and other persons. This is a fact that ultimately was of no consequence, and need not have   162 - HISTORICAL COLLECTIONS   been mentioned were it not necessary to explain the last resolution. for those persons relinquished, to the Company, all their right to the supposed surplus.   At a meeting in January, 1797, the Company resolved that they would apply to the Legislature of Connecticut to erect the Western Reserve into a county, with proper and suitable laws to regulate the internal policy of the territory for a limited term of time and to be administered at the sole expense of the proprietors.   (Note.—They had previously applied to Congress to have a Government extended or erected over the Reserve, but the matter was delayed for a number of years to the embarrassment of the Company in urging collections on sales of land, etc.)   At the same meeting the Company appointed Daniel Holbrook,. William Shepperd, Jr., Moses Warren, Jr., Seth Pease, and Amos Spafford, a Committee, to divide such part of the lands as were free from India'n claims, agreeable to the mode of partition which had been agreed upon by the Company.   At the annual meeting in October, 1797, a resolution was passed that the Directors and Trustees should have full power and authority to pursue such measures as they should deem best calculated to procure a legal and practical government over the territory belonging to the Company.   Nothing effectual was done in consequence of those resolutions. The State of Connecticut did not attempt to exercise any jurisdiction over the territory.   The Committee appointed at the meeting in January, 1797, to explore the country and make partition, examined all that part of the country east of the Cuyahoga River in the Summer of that year, and met at Canandaigua, in the State of New York, in December, 1797, and made up their report, which was made to the Company at a meeting begun on the 23d day of January, 1798, and continued by adjournment from day to day, until the 31st day of the same month.   The Directors of the Company selected six townships in pursuance of the articles of association for sale, which have since been commonly called "the six townships." They were No. eleven in the sixth range, ten in the ninth range, nine in the tenth range, eight in the eleventh range, seven in the twelfth range, and three in the third range. To all these townships, except the last, names were given, which are frequently to b3 found among the early records.   Three of these townships still have their original names; namely, Cleveland, Euclid, and Mentor Township. No. eleven in the sixth range was formerly called Chapin, now Madison; and township Hine   MAHONING VALLEY - 163   in the tenth range was named Chargrim, now Willoughby; three in the third range has sometimes been called the Salt Spring Township.   Those townships were offered for sale, and part of them put under contract very early. The Directors also sold one other township ; by what authority does not clearly appear from any records in the books of the Company now remaining in Ohio. This township was No. two, in the second range, and was sold to John Young.*   The remainder of the lands then surveyed were divided by the Committee as follows. They selected of the lands, not reserved for sale, four townships, namely, number five, six, and seven, in the eleventh range, and eleven in the seventh range, as being the best of all the lands not on sale by the Directors. These townships were divided into four hundred shares. These were divided into lots, as near as could be, of one hundred and sixty acres each. There were some small or fractional lots, whereby the whole number of lots was four hundred and twelve.   They then proceeded to select certain whole and fractional townships, to be cut up into parcels for the purpose of equalizing as prescribed in the forms of partition already adopted. Townships numbers six, seven, eight, nine, and ten, in the eighth range; six, seven, eight, and nine in the ninth range ; one, five, six, seven, and eight, in the tenth range; and also the following fractional townships on Lake Erie: the Cuyahoga River, the Portage path, between the Cuyahoga River, and the Tuscarawas, and on the Tuscarawas River (which were designated as No. fourteen in the first range, thirteen in the third range, thirteen in the fourth range, twelve in the fifth range, twelve in the sixth range eleven in the eighth range, ten in the tenth range, six in the twelfth range), and one and two in the eleventh range.   Afterward they proceeded to compare the value of the remaining townships and tracts of land with those selected for equalizing, exclusive of those selected for sale, and the four best townships allotted as above described, and decided that they would amount to ninety-three shares or drafts, including eight townships to which equalizing lands were not attached. These eight townships were esteemed to be each worth one ninety-third part of the whole then to be partitioned, and were therefore called average townships. They were numbers one five, eleven, twelve, and thirteen, in the first range, twelve in the fourth I range, eleven in the fifth range, and six in the sixth range.   At the time of this partition the heirs of General Samuel H. Par-   *This township was sold under the provision in Article No. 3. —F. K.   164 - HISTORICAL COLLECTIONS   sons claimed the tract of land to which is referred on page 149. And although the Connecticut Land Company ran their township and range lines regardless of this claim, and although, they in their proceedings at that time called it only a pretended claim, yet, in making partition of their lands, they reserved land enough in townships numbers two and three, in the third and fottrth ranges, to satisfy this claim, which they never aparted, and which they ultimately abandoned to the heirs and assigns of General Parsons.   After the Company had, at their meeting in January, A. D. 1798, received the report of their Committee of Equalization, they appointed a committee of three persons to determine which proprietors should join in drawing a township or lot agreeable to the mode of partition agreed upon in April, 1796.   On the 29th day of January, the Company, having received and approved of the report of their classing committee, commenced and completed the business of drawing for townships; and on the 30th of the same month, drew for the allotted townships; namely, towns, five, six, and seven, in range eleven ; and township No. eleven, in the seventh range.   NOTE BY F. KINSMAN.   The two foregoing and three subsequent drafts embraced all of the lands of the Connecticut Land Company purchase, except the township of Youngstown, and the sales made by the agents out of the five other townships, provided for sale in Article No. III. Mr. Webb is mistaken in naming Weathersfield, instead of Youngstown, as ohe of the six townships.   The drafts for the division of the land among the several proprietors, were based on the $1,200,000 original purchase money, giving each proprietor, at the time of each draft, land in proportion to his interest in the purchase. The draft for the allotted townships was first intended to be made prior to all others, but was delayed until the day after the draft of the townships east of the Cuyahoga, and was never known in the numbering which designated the other drafts.   'This draft vas divided into four hundred shares, each share representing $3,000, or one four hundredth part of the purchase money, and intended to be good for an average lot in a township. In this and the other drafts, many of the proprietors in a draft or drafts united their interest in common and drew together.   For instance, the first drawing in this draft had twenty-eight parts or shares, united representing $84,000 of the purchase money, and drew twenty-nine lots in common; others drew sixty-one lots.   MAHONING VALLEY - 165   The first draft, so called, drawn in 1798, was for all of the remaining lands east of the Cuyahoga, and was divided into ninety-three parrts, each part representing $12,903.23 of the purchase money, and was arranged to draw a township and its annexations, if it had any, or an average township.   The second draft was made in 1802, for the balance of the six townships then unsold, and the land in Weathersfield omitted in draft of 1798, on account of uncertainty of boundary to the Parsons claim. This draft was divided into ninety shares representing $13,333.33 of the purchase money.   The third draft was drawn in 1807, and was for the townships and their annexations west of the Cuyahoga. This draft was divided into forty-six parts, each part representing $26,087 of the purchase money, and drew the same as in draft No. one.   Draft No. four, was drawn in 1809, and was for the surplus land so called, including sundry notes and claims growing out of the sales by the Company from the six townships, with notes of John Young and others, for sales by the agents of the Company from those lots. This draft was divided into shares and numbers the same as draft No. three.   As these drafts were made at different periods of time, and as the interests of the proprietors were constantly changing hands, the names and combinations of purchase money are found different in nearly every draft, the combinations, however, in all the drafts in the aggregate represent, in each draft, the $1,200,000 of purchase money.   QUANTITY OF LAND IN THE CONNECTICUT WESTERN RESERVE   BY SURVEY.   Connecticut Land Company, land east of the Cuyahoga River, etc. - 2,002 970 Land west of the Cuyahoga River, exclusive of surplus and Islands  - 827,291 Surplus land (so called) - 5,286 Islands Cunningham or Kelley's 5,286 “ Bass or Bay No. 1 - 2,749 “ ” No. 2 - 709 “ ” No. 3 - 709 “ ” No. 4 - 403 “ ” No. 5 - 32 - - 5,934   Amount of Connecticut Land Company land in acres - 2,841, 471 Parsons's, or " Salt Spring Tract " in acres - 25,450 Sufferers' or Fire Lands - 500,000 Total number of acres in the Connecticut Western Reserve - 3,366,921   166- HISTORICAL COLLECTIONS.   THE FIRST MILL.   IN the year 1797 John Young was surveying this township. He was not active in the field, except in directing the surveyors. Re remained at their cabin, and passed the days in cutting the undergrowth timber with a "bush hook" around the cabin. Where the city of Youngstown now stands had been cleared at one time; but, having been abandoned by the Indians for about twenty years, the undergrowth or brush had sprung up very thick, and was about the height of a man's head when on horseback. During the. Fall he cleared, with his own hands, two or three acres of ground, and, in all probability, he was the pioneer in leading the way for civilization on the Connecticut Western Reserve. Alfred Wolcott was the surveyor. They were surveying and running the lands north of the river into great or grand lots.   One Sunday morning, in August, two men assisting the surveyor, Isaac Powers and Phineas Hill, left the cabin, which was situated where the old Woodbridge, now the Smith, property stands. They both had joined the surveying party with the same object in view, to-wit: A selection of land for themselves and friends. They proceeded across the Mahoning, following to the mouth of Mill Creek, then proceeded up that stream to the falls, now called Mahoning Falls. It is probable they were the first white men to discover the falls. those days a water-power was esteemed the most valuable consideration, with a given amount of land, that could be had. And that point, with a fall of twenty-seven feet, and an apparently inexhaustible supply of water, presented to the explorers the most valuable site for a mill they had ever seen. It was arranged between them that Mr. Hill was to have the exclusive right to negotiate with Mr. Young for the purchase of it; Mr. Powers, although a mill-wright, having selected for the members of his family the land above and below the center of the township, where their families finally settled. On their return to camp, Mr. Hill, without telling Mr. Young what they had discovered, tried to make a contract with him for three hundred acres, embracing the falls. Mr. Young, led by the anxiety of Hill to purchase, arrived at the conclusion that there was something more valuable in that tract of land than he knew of, and refuSed to sell the land before seeing it. Mr. Hill then told him what they had seen. After an examination Hill purchased the land at a   MAHONING VALLEY - 167   price previously talked of, with this provision in the contract, " That he, the said Hill, was to erect a saw-mill and something that would grind corn, within eighteen months from the date of the contract." In pursuance of this agreement preparations were at once made to commence the building of the mill. A rude cabin was built by Abraham Powers, then of Beaver County, Penn., and, with his son Isaac, took the contract to build the mill. On being shown time contract between Mr. Young and Mr. Hill, he informed Mr. Hill that, for fifty dollars, he could put in something that would grind corn, which he did.   The saw-mill was of the ordinary water-wheel mill pattern, with the exception that the shaft of the gig-wheel, instead of being movable at the top, as is usual, to throw into gear with the rag-wheel, was stationary, and the rag-wheel was movable in its stead. On the top of the shaft of the gig-wheel was the spindle that connected the runner stone. The millstones were procured and dressed by Abraham Powers, and made from a rock found in this city, in the vicinity of where Lincoln Avenue will cross Holmes Street. The rock was what is called "Nigger head," in common parlance—of about the size of the ordinary three-foot stones now used—the splitting of which made the top and bottom stones. The timber for the millwright work was procured on the west side of the creek, and was taken out by Isaac Powers and John Noggle. This fact of itself is of little importance ; but, as they being young, single men, and were compelled to "tend baby" against their will, we mention it. It was in the Fall of the year, and the distance from the cabin was so great that they took their dinners with them. One morning, about ten o'clock, a number of Indian women—one of them carrying a papoose, apparently six months' old, in Indian fashion, being tied on a piece of bark, and then strapped to the woman's back, came from the west, and, when nearly opposite and within five or six rods, stopped. The woman undid the straps, took the child from her back, leaning the bark, in which the child was still tied, against a tree, with its face toward them. Leaving it in that position, the squaws continued their journey. About three or four o'clock, in the afternoon, they returned, bringing with them the carcass and skin of a deer. The woman took her child, strapped it to her back and proceeded, with- this time t ai word being exchanged between any of the parties. During this time papoose, true to its nature, neither cried or whimpered, and hardly gave signs of life, except the movements of its eyes, which were, apparently, attracted by the sounds of the ax.   168 - HISTORICAL COLLECTIONS.   It is highly probable that the first blasting, by powder, in the Western Reserve, was at the building of this mill. It was necessary in putting in the foundations, and cutting the head race, to remove rock to some extent. The man that had charge of the blasting was not, perhaps, very skillful in the use of powder. One day he got a charge of powder in, and, upon applying the match, the priming burned, but failed to explode the charge. Determined not to lose the hole, he commenced drilling out the tamping, and, while so doing, dinner was called from the cabin. The other workmen went to their dinners—he saying that he "would clear the hole before he went." The cabin stood near where the residence of German Lanterman now stands. The men were seated at the table, and fairly at their dinner, when they heard an explosion. Knowing the position in which they had left the blaster, they at once surmised he had been blown to pieces; and, with exclamations of fear, they left the table and ran to where the man was working. There they found him at a distance of twenty-five or thirty feet from the hole, lying on his back, where he had been thrown by the explosion and stunned by the concussion. The party gathered around him, expressing themselves in terms of pity at his untimely end. Coming to his senses while this commiseration was going on, he vehemently protested and insisted that he was not dead. They asked him why he did not get up? Being a ready- witted Irishman, and, fully appreciating the awkwardness of his predicament, caused by his fool-hardiness, replied : "I am watching my drill to see where it will fall."   YOUNGSTOWN.   MAHONING VALLEY - 169 -   SKETCH OF THE EARLY DAYS OF WARREN.   BY LOUIS MORRIS IDDINGS.   INTRODUCTORY REMARKS.   IT may be proper to say, in way of preface, that no attempt has been made to extend this sketch of Warren over that part of its history which is modern. This could not have been done without giving to the work, in some measure at least, the character of a directory or of an advertisement for the town ; and that did not seem at all desirable. In only a few instances have we presented facts of a recent date, and then only when they seemed necessary, in order to give completeness to the particular subject in hand.   The material that has been used in compiling the first part of this sketch was placed at the disposal of Judge Frederick Kinsman, of Warren, by Mr. Joseph Perkins, of Cleveland. Mr. Perkins and the late Mr. Leonard Case together collected many valuable notes, both written and printed. These notes we consider the best extant. In addition to the Perkins–Case manuscripts, there is also in the possession of Miss Mary Stevens, of this city, substantially the same matter which was furnished by the family to be used in the compilation of Evart's Atlas of Trumbull County, published in 1874. Through haste or inattention in preparation many errors have crept into the same, and have greatly diminished its value as authority. Our references, therefore, are to original sources.   For the religious history, and that touching the matter of the public-schools, we are indebted to the manuals of the various societies, and to an article prepared by Hon. T. J. M'Lain, Jr., for the Centennial Exhibition. Considerable additions have been made, however, and some statements have been corrected from information which we have gathered from reliable sources. The biographical sketches are necessarily short, and it is possible that notices of some of the early settlers have been omitted. The omission, if such exists, has been entirely unintentional.   It is only just to say, in this connection, that it is owing to the generous interest and personal influence of Judge Kinsman, of   170 - HISTORICAL COLLECTIONS   Warren, that the subject-matter of this sketch has been rendered available for the public. Judge Kinsman has also been so long resident of Warren, and has had such an intimate acquaintance with many of the men and facts prominent here at an early day, that his opinion upon disputed points is of great value, and the writer wishes to express his obligation to, and his appreciation of, the same. WARREN, O., March 25, 1876,   MAHONING VALLEY - 171   ABORIGINAL HISTORY.   There is but little of popular interest to be written in regard to the Indian tribes that made the valley of the Mahoning their hunting ground before it was settled by the whites. It seems probable that at a very early period the Miamies occupied the country ; and it is known,* that about the time of the discovery of America, the Iroquois, or Five Nations, whose headquarters were around the waters of central New York, conquered the Hurons, the Wyandotts, and the Ottawas, living along the banks of the St. Lawrence and north of Lake Ontario ; and that the unfortunate remnants of those tribes took refuge in the land bordering the southern and western shores of Lake Erie and Lake Huron, locating their villages in the neighborhood of Detroit, and driving out, in turn, the Miamies and kindred tribes.   In discussions which arose later in councils with the whites, and in regard to the title of the Iroquois to this country, it was claimed by that nation, that their rights extended, by force of conquests, to the Mississippi; while the Miamies and others denied such an extended claim, placing the western boundary of the Iroquois a little west of the line between Pennyslvania and Ohio. Therefore, since this part of the country was "disputed ground," it was not attractive or peaceful enough to become a favorite place for hunting or fishing ; and it may be inferred that the entire lack of romantic Indian legends among us is due to this fact.   It was not until after the victory and treaty of General Anthony Wayne, in 1796, and when no danger was to be apprehended from the Indians, that the whites first settled permanently on the Reserve. They found + in the Mahoning Valley an insignificant, roving tribe, the Massasaugers, who claimed it as their ancient hunting ground, but who offered no serious objections to its settlement. And yet they seem to have realized that their inheritance was passing away. It is related that as one of the pioneers was plowing in an Indian Ineadow, cleared many years before, an old Indian, who was passing   *Vide Hildreth's History of the United States. + Perkins Mss.   172 - HISTORICAL COLLECTIONS.   by, stopped, watched him for some time silently, and then., shaking his head, remarked, "that field is mine by right."   These Indians, however, and a few Chippewas, Senecas, and Tus.. carawas, only visited the valley occasionally, coming to hunt, to trade, or to make salt. They were generally in bands of thirty or forty, or less, and did not remain long at a time, Pauqua Was the chief of the Massasaugers. They had a camp in the forks of the Mahoning River, in Braceville, and another at the Salt Springs. At the camp in Braceville, they made maple sugar, and the large iron kettles which they used were probably taken from the de., serted salt works. There was a burying-ground on the high bank of the river, where the old Methodist church of Warren now stands, and it is not long since that bones were thrown out in digging there.   Some of the Indians left after the Diver tragedy, in Deerfield, in 1806, and the war of 1812, finally dispersed those who had remained. They went north into Canada, and became allies of the British.   THE SALT WORKS.   It may be pertinent, in this connection, to mention briefly what is known in regard to the Salt Spring Tract, lying a few miles south of us, and so variously connected with the history of Warren.   In 1786 General Samuel H. Parsons, first a lawyer and then a Revolutionary soldier from Middletown, Connecticut, who, some years before, had explored this country, purchased .of the State of Connecticut twenty-five thousand acres of land, now included by parts of the townships of Lordstown, Weathersfield, Jackson, and Austintown, and received a deed to the same, signed by the Governor and Secretary of the State. In this tract of land were situated certain salt springs, which had been known to the whites as early as 1755, and are found indicated on a curious map, published in that year, by Lewis Evans. General Parsons expected to make salt and a fortune from these springs. But his expectations were never realized, for after establishing works on a small scale, he was drowned on a trip to the East, when attempting to pass the Beaver Falls in a canoe, November 17, 1789. Had he lived, he would even then have been disappointed, for the water is not sufficiently impregnated with salt to make its manufacture profitable, although salt was once worth here six dollars per bushel. As he had never paid for it, the land, at the death of General Parsons, reverted to the State of Connecticut, and   MAHONING VALLEY - 173   was afterward sold out by its agents. The Connecticut Land Company never had any thing to do with this tract, although it was situated in. the very heart of its possessions.   The first description that we have of the works is by Augustus Porter, who had charge of the first surveying party on the Reserve, in 1796. Judge Porter says: "At this place we found a small piece of open ground, say two or three acres, and a plank vat of sixteen or eighteen feet square, and four or five feet deep, set in the ground which was full of water, and kettles for boiling salt ; the number we could not ascertain, but the vat seemed to be full of them. An Indian and a squaw were boiling water for salt, but from appearances with poor success."*   When the settlers arrived, in 1800, they found only the ruined foundations of cabins and of stone furnaces. Some few, among them Ruben Harmon, the father of the late Dr. John B. Harmon, tried to revive the manufacturing interest at that point, but did not succeed in any considerable degree.   PURCHASE OF THE WESTERN RESERVE.   The details of the formation of the Connecticut Land Company, the original purchaser of the Western Reserve, are fully given in the manuscript of Hon. Thomas D. Webb, published in this volume. By consulting the draft-book of the Company, a copy of which may be seen at the Recorder's office, it will be noticed that the land upon which Warren stands, with that of three other townships, namely, Mantua, Aurora, and Thompson, was included in drafts eight, nine, ten, and eleven. Warren is the " 4-4," being the fourth town in the fourth range. The townships, it may here be ,remarked, were all called by the numbers which indicated their position, for some time after the settlement of the Reserve. The name of Warren was not given probably, until the Summer of 1800. Judge Kirtland, in his diary, often writes of going to " Quinby's, in No. 4."   The Connecticut Land Company paid for the Reserve $1,200,000. The number of acres in their tract was about 3,000,000. The price Per acre was, therefore, about forty cents. The drafts, eight, nine, ten, and eleven, were made on $51,612.92 of stock, which, at this first drawing, drew 78,497 acres of land. The price per acre for this particular portion can not be obtained in this case by simple di-   * Barr Mss.   174 - HISTORICAL COLLECTIONS   vision, as at first sight would appear; for the same amount of stock drew certain amounts of land in the three other drafts of the Cenl. pany, which were made later; and the stock also appeared in other combinations. We have, therefore, been obliged to arrive at the original price per acre, by dividing the whole amount paid for the Reserve, by the total number of acres included in the same. The owners of the four townships were as follows : Reuben and Andrew Bardwell; Ebenezer King, Jr.; David and Fidelia King, Joseph Pratt, Luther Loomis, John Leavitt, Jr.; Timothy Phelps, Martin Sheldon, Ashbel King, Simon Kendall, Erastus Granger, Oliver Sheh don, Sylvanus G. Griswold, and Matthew Thompson. The land was divided among them in proportion to the money invested. The Kings received their portion mainly in this township, and to Mr. Ebenezer King, Jr., was allotted the immediate neighborhood of Warren. It will be noted that none of the lands of these purchasers were east of Warren, and this fact influenced in no small measure the importance of the place at a later date.   THE ACTUAL SETTLEMENT-1799.   In the Autumn of 1798 Ephraim Quinby. and Richard Storer, two neighbors, from Washington County, Pennsylvania, came together to the Western Reserve to look at the country, with a view of purchasing and making a permanent settlement. They came thither on horseback, entering the Reserve at the south-east corner, and traveling over a very bad road, called "the swamp," to Yellow Creek, in Poland, thence through the woods to Youngstown, on through the forest, over the Connecticut Land Company's road, to the salt springs, and finally through the woods again to the banks of the Mahoning, in "No. 4”   They found no white persons, worthy of the name, in the immediate vicinity of what is now Warren City. Joseph M'Mahon, a squatter and hunter, little better or more civilized than the Indians themselves, lived with his wife and two or three children in a rude cabin, "near where Smith's store now stands—corner of Main and Market Streets."* M'Mahon had been there for two or three years. There was also a person in the neighborhood, known as " Old Merryman," a white man of some sixty Winters, but hale and hearty, who lived and hunted with the Indians. Any other facts of his history are unknown to us. +   * Perkin’s Mss + Perkins-Case   MAHONING VALLEY - 175   Quinby and Storer probably bivouacked in the deserted log cabin which stood on the elevated ground in the rear of the present Christy .esidence, on the south bank of the Mahoning. This cabin was a rude affair, built by Mr. John Young, of Youngstown, not earlier than 1797, and, perhaps, in the Spring of 1798, to serve for storing the corn which he raised in the Indian meadows, until it could be taken to Youngstown when the snow fell. Travelers from the Southern settlements, making their way toward the lake, generally "put up" in his cabin.   The country was then covered with a dense forest and thick underbrush with only here and there an old Indian clearing, forlorn with dead and rustling corn-stalks. The soil was clayey, and there were many acres of wet and swampy lowlands. The Mahoning, as it wound in and out, offered an excellent supply of water and three mill-seats. The Indian meadows, of about twenty acres, were on the north, left bank of the river, opposite to the Young cabin; and there were some sixty acres on what is now the Fusselman farm. These fields had evidently been cleared many, or, as tradition claims, hundreds of years before.   Although the prospect of the work to be undergone, before the wilderness could be made to blossom as the rose, would have daunted any but stout hearts, the explorers were pleased with the outlook. Mr. Quinby selected for himself what was afterward township lot 28, and a small part of lot 35; in all about four hundred and forty-one acres. Lot 28 includes land upon both sides of the river, upon which Warren now stands. Mr. Storer chose land now familiarly known as the Fusselman farm.   Satisfied with their selections, and armed with the best specimens of the soil that could be found, they returned to their families, in Washington County, and spent the Winter in preparing to remove to the new country. The samples of the soil were displayed, and, undoubtedly, their descriptions of the country were glowing. That their influence and activity served to awaken an interest among their neighbors and acquaintances is proved by the fact that the settlers/ who immediately followed them, were from the same county. They :Inir. Ebenezer King, satisfactory arrangements about the land with Mr. Ebenezer King, Jr., for, before they received any deeds of the sane, they started again for the Reserve, reaching their new possessions APRIL 17, 1799.* Such, therefore, is the date of the actual   * Perkins-Case Mss.   176 - HISTORICAL COLLECTIONS.   settlement of Warren. The party consisted of Mr. Quinby, Storer, Win. Fenton, wife and child, Francis Carlton and his chit. dren, John, William, Margaret, and Peter, and some "hands."   M'Mahon had left and was living in the south-west corner of Howland, on the south end of Goose Pond. The exact location of his deserted cabin, which has been described as standing "near Smith's store," was, it is very probable, on the bank of the river in the rear of the building now occupied by Jas. Reed & Sons, and was doubtless the same into which all the party turned. upon their arrival, but in which Wm. Fenton lived for a number of years later. This cabin) known as "Fenton's house," was not, therefore, as has been often said, built by Mr. Quinby, but was M'Mahon's old cabin, temporarily occupied, and, perhaps, extensively repaired by Mr. Quinby, as it was on his land. It was the first building erected within the corporate limits of Warren, and, possibly, within the township ; certainly it was so, unless the Young cabin, previously mentioned, was built a little earlier, which we do not believe.*   Having made themselves as comfortable as possible under the circumstances, ground was broken for corn, and other improvements were pushed forward as fast as possible. Storer was busily engaged (April) in putting up a cabin where the buildings upon the Fusselman place now stand. A little later Mr. Quinby began the erection of his log dwelling, where the Cleveland and Mahoning passenger station now is. The cabin faced the east. The house part, which consisted of a bedroom and kitchen, was finished during the Summer, and the frame of a room, ten feet square, Vuilt of heavy hewn logs, was raised and covered. This room was finished a year later, and was used as a jail during the first year or two of the settlement. But one prisoner, Daniel Shehy, was confined therein. He had threatened the life of Judge Young, of Youngsto;vn, and, when tried, pleaded "not guilty," but was convicted at the May term of court, in 1801, and fined twenty dollars and costs, amounting to twenty-five dollars. +   While these active preparations were going on, another prospecting party, also from Washington County, Penn., consisting of Henry Lane, Sr., his son John, his stepson Edward Jones, and 1VIeshack Case, arrived (April). Mr. Lane selected about one hundred and   * Perkins Mss. + This difficulty it appears was afterward amicably settled. See Edwards's Ad' dress of 1874. Page 27.   MAHONING VALLEY - 177   forty acres of land, part of which is now known as the Lane farm, and returned to Pennsylvania, leaving John Lane and Edward Jones to plant corn. They took possession of the Young cabin, which, by reason of the selection, now stood in their father's tract, and set to work to plant corn. They cultivated about five acres of bottom land near by. None of the settlers at this period spent their time in fencing their little patches of grain. There were no domestic animals to be troublesome, and the deer did but small damage. Mr. Case, for some unknown reason, did not make any selection during this, his first visit; but, coming out again in August, he then determined upon one hundred and ninety-eight acres, being the south half of lot 42, below the purchase of Storer. He cleared two acres, put up the shell of a cabin, and then returned, September 6th or 7th, to Washington County, to remove his family.   During the Summer Mr. Ebenezer King, Jr., and Mr. John Leavitt visited the settlement in which they were so much interested. This was undoubtedly their first visit. It is also probable that at this date the township was divided up into lots, and called "Warren," after Mr. Moses Warren, of Lyme, Conn., who had been one of the first surveyors on the Reserve. In due time King and Leavitt returned to Connecticut, leaving William Crooks and wife, who had come with them, to raise a cabin and to make a clearing on the (now) Murburger farm, west of this place. Crooks cleared about eighteen acres, and put' in the first wheat sown within the limits of the present county.   In October Mr. Henry Lane returned and brought with him his son Benjamin, then a lad of fourteen. Ben came riding astride a horse, and sitting between two bundles of young apple-trees, tied on. There were a hundred trees, which were immediately set out, and at the present day, some of them are in bearing condition. Mrs. Jones, the wife of Edward Jones, probably came at this time also, and she and her husband kept possession of the Young cabin, when, on December 10th, Mr. Lane and his two sons returned East.   The settlers thus far were chiefly from Washington County, Pennsylvania ; but in the Autumn, some time during the first days of September, perhaps, came "Squire" Benjamin Davison, of Huntingdon, Huntingdon County, Pennsylvania, and made choice of the north half of lots forty-one and forty-two, below the Fusselman farm, thus becoming the near neighbor of Mr. Case. He put up a cabin about forty rods west of the present buildings on lot forty-two, on the old road to Beavertown, and started for home October 25th.   178 - HISTORICAL COLLECTIONS.   In the Fall Quinby and Storer also went East; Storer the first of October, and Quinby probably somewhat later. They did not remove their families until the roads were frozen, for then the teaming was better. Thus the year 1799 closed. The actual number of settlers at " No. 4." or "Warren," as it began to be called at that time, were:   EPHRAIM QUINBY "Mrs. Amma Quinby Nancy,Samuel L Abrilla.   RICHARD STORER, Mrs. Storer and three children.   FRANCIS CAROLTON, John, William, Margaret, Peter.   WILLIAM FENTON, Mrs. Fenton and two children.   EDWARD JONES and wife.   WILLIAM CROOKS and wife.   JONATHAN and JOSIAH CHURCH.   There were probably two or three persons more, the "hands" spoken of, who came out with Mr. Quinby. Joseph Shaeffer, a carpenter, may have been among them. The population,, therefore, numbered not more than thirty souls, men, women, and children.   John Aldgate and family were at this time located in the southwest corner of Ilowland Township, on a large farm of about sixteen hundred acres. They had arrived and commenced improvements in 1799; and there were living with them some laborers, and an old Indian of the Stockbridge tribe, called Benoni Oakum. The family consisted of     JOHN H. ALDGATE, Mrs. Aldgate, Sally, Belinda, Caroline, John H., Jr., Nancy, Charles, Ulysses, James, and one or two more, and   CALEB JONES, wife, and child.   MAHONING VALLEY - 179   ANNO DOMINI 1800.   URBE CONDITA, 2.   The new year opened auspiciously. In February a daughter was horn to Mr. and Mrs. Edward Jones, who had removed from the Lane Farm to one on the west side of the river, now owned by Mr. Isaac rally. This child was the first born in this township, and, perhaps, within the present limits of Trumbull County. She lived to womanhood, married a Mr. William Dutchin, in 1820, but died long since.   On the 22d of February, at Suffield, Connecticut, Ebenezer King, jr., executed deeds for the lands which Ephraim Quinby, Benjamin Davison, and Henry Lane, Sr., had bought of him.* The purchases of Quinby and Davison contained about the same number of acres. It is interesting to note that for the four hundred and forty-one acres which Mr. Quinby purchased, and upon which the city of Warren stands, he paid $1,625,-83.69 per acre.   In April, evidently "moving time" with the settlers, came   HENRY LANE, Sr., Mrs. Lane, John, Benjamin, Asa, Catherine, Annie.   CHARLES DALLY, Mrs. Jennie Dally and several children.   ISAAC DALLY, Mrs. Effie Dally and several children. , MESHACK CASE, Mrs. Magdalen Case, Elizabeth, Leonard Catherine, Mary, Reuben and Sarah.   HENRY LANE and Mrs. ELSIE LANE.   JOHN DALLY, wife, and child.   During the Summer the Lane family built an addition to the Young cabin in which they were living. The addition was standing not many years since.   * Book A., Recorder's Office, Warren.   180 - HISTORICAL COLLECTIONS   Of the trip of the Case family, of Fallowfield Township, Wash. ington County, we have more than the usual account that "they at.. rived." Mr. Leonard Case, in his manuscript, writes : "The usual incidents attended the trip until crossing the south line of the Re. serve, at forty-one degrees north latitude. From there to Yellow Creek, in Poland, was a very muddy road, called 'the swamp.' At Poland a settlement had been begun. Judge Turhand Kirtland and family were living on the east side, and Jonathan Fowler and his wife, who was a sister to the Judge, kept tavern on the west side. Thence our way was through the woods to the dwelling of a family named Stevens, who had been there three years or more. At their house we stayed over night. The wife's name was Hannah and with her our family had previously been acquainted. She said that during -those three years she had not seen the face of a white woman. Two children had been born in this family, near the crossing of the river near Youngstown, before April, 1800.   "Next morning we passed up the west side of the river (for want of means to cross it) to the place of James Hillman, who lived on the high ground over against Youngstown; thence through the woods, over the old road made by the Connecticut Land Company, to the Salt Springs. At that place some settlers, Joseph M'Mahan, among the rest, were engaged in making salt. From there we passed (through woods) to the cabin and clearing which Benjamin Davison had made on the north one-half of lot forty-two; then on, one-quarter of a mile, to a path that turned east to the Fusselman place, on the south one-half of•fot thirty-five, and thence to the residence of Richard Storer, arriving there at four P. M., on the eighteenth of April. After our passage through the woods and mud, the leeks on the Indian field made a most beautiful appearance."   In May Benjamin Davison came with a large family to the cabin erected the previous Fall. The family included   BENJAMIN DAVISON. Mrs. Annie Davison, George Liberty, Mary, Prudence, Ann, Samuel, William, Walter, James, Betsy, and Benjamin.   Improvements were immediately begun by them.   In June John Leavitt, Sr., afterward known as "Esquire John,   MAHONING VALLEY - 181   brought out his family, and the twin brothers, Eli and Elam Blair. Ebenezer Sheldon and family also came; but they passed on to Aurora The Leavitt family comprised   JOHN LEAVITT, Mrs. Silence Leavitt, William, John, Jr., Cynthia, Sally, Henry F., Abdiali, Humphry, (and some laborers.   And about the same time came Phineas Leffingwell and family.   MILLS.   After being fairly and comfortably housed, the next object which most interested the settlers was the construction of a grist-mill, not only because it would add very much to the importance of the settlement, but because it would be a great convenience; for, until it could be built, their only resort was to carry the corn to the nearest mill, wherever that might be, or to grind it by hand. This last was slow and heavy work.   In June, 1800, Henry Lane, Jr., and Charles Dally began to build a dam across the Mahoning, where the upper mill now is. Considerable progress was made during the Summer, but the Winter floods destroyed their work. The next season they made renewed and most strenuous efforts to have a mill running, and their neighbors assisted, yet they did not succeed in their efforts until the Spring of 1802. Their original buildings have, of course, disappeared, but the dam is in the same place. Afterward Daily and Lane sold out to Pease, and the property has successively belonged to Justus Smith, Gideon Finch, James L. Van Gorder, and Daniel Camp.   The lower dam, which extended across the Mahoning just below the corner of Main and Market Streets, was built, in 1803 or 1804, by George Lovelass, who had arrived in May of 1800. The buildings were on the west side of the river, and Mr. James Scott had the contract for the work. Mr. Ephraim Quinby, probably had an interest in these mills, but they finally passed into the hands of the late Mr. James L. Van Gorder. When the canal was put through Warren, in 1840, this mill was moved further down the river. In low water the remains of the old darn can be seen as one stands on the bridge at the foot of Market Street.   182 - HISTORICAL COLLECTIONS.   The most convenient mill for our people, and the one upon which they depended, until the Spring of 1802, was on Mill Creek, in Youngstown, near the south township line. It was probably started as early as 1799, and, if so, was the first mill in the Reserve. The road leading thither was the one heretofore mentioned, and the only one leading out of Warren. The difficulties encountered in "going to mill" are shown by the following incident :   In February, 1801, Squire Benjamin Davison, his son Samuel, a lad about sixteen or seventeen years old, and Ebenezer Earle, a brother of Moses and John Earle, of Howland, agreed to take a sled. load of grain to mill. The sled had a wood rack, and was drawn by two yoke of oxen. There was snow, but thin sledding. They started early in the morning, but soon after it began to grow warmer and to thaw. It was dark when the party reached their destination and had their corn ground; but, knowing that the road would.soon break up, and likewise the ice over the Big Meander River, they started for home in the night. They had not gone far before the ice on the mud holes began to give way. Squire Davison then went forward to pilot the boys over the muddy places, particularly where the logs and brush had been taken out and piled up like windrows. He was a large, heavy man, and frequently broke through. When he did so, he would call out to the boys, "Turn out, boys, turn out; — bad place here." When the Meander was reached, it was found that the water had risen over the ice so as to be above the sled- beams. In order to save their load from the wet, they placed chains crosswise on the top of their rack,iaid poles crosswise on the chains, and piled the bags upon the poles. When little more than half-way across, the weight crushed down the rack, and they and their load went together into the water, which w.as up to their knees. However, they drove on. About four o'clock, A. M., the Case family heard them, still half a mile away. The Case house was the first after leaving the Salt Springs, and soon, after the party reached it and were thoroughly dried, they found themselves not much the worse for the wear. The water penetrated the bags enough to sour some of the meal, which, nevertheless, had to be eaten. As a result, certain members of the family, who were quite young, took such a dislike to corn-meal that even to old age they could not be induced to taste it. This was the first trip of the combined families of Case and Davison. Previously, they had used the hand-mill.   MAHONING VALLEY - 183   PREACHING.   In June the settlers had the Gospel first preached to them in their new homes by Rev. Henry Speers, also from Washington County, Penn., a minister of the Baptist denomination, and an acquaintance of some of the settlers. A place for the services was prepared beneath the shade of some trees which stood below the Lane homestead and on the right hand side of the road, by cutting away the thick underbrush. Although short notice was given, about fifty per- sons went " to meeting" and listened with respectful attention to what the preacher had to say. No one has recorded the text. Perhaps it was, "What went ye out in the wilderness to see r' Probably at no time since has so large a proportion of the inhabitants of Warren attended Church on any one Sunday.   INDEPENDENCE DAY   was the next' event. It was not called "Fourth of July" in those times. The settlers still retained their patriotism, and it was unanimously decided to celebrate. The grand assembling was at Captain Quinby's, and the majority of the men, women, and children of the town were present. They were much at a loss for musical instruments, but the twin brothers, Elam and Eli Blair, brought their talents to bear upon the situation. The forte of one was the drum, while the other was accomplished upon the fife. A fife was accordingly improvised from the stem of a large, strong elder, and the trunk of a pepperidge-tree was artistically carved into a drum-cylinder by means of a hand-ax and jack-plane. Wm. Crooks furnished a fawn's hide, which Blair stretched on for a head to the drum; and Meshack Case sacrificed a pair of new plow-lines for cords. A procession was formed, and John Leavitt was the militia captain. The necessary amount of noise was made, and plenty of powder was burned, for the settlers all had their guns; and then, probably, for the first time, the classical tune of Yankee Doodle resounded through this valley. A number of guests were present from abroad: among them General Paine and Judge Eliphalet Austin, from the lake shore; John Young and Calvin Austin, of Youngstown. A good dinner was served under the trees, and toasts were given, and healths proposed and honored with the necessary amount of stimulus. Undoubtedly,   184 - HISTORICAL COLLECTIONS.   among the toasts were, "The President,"* "The New Settlement,» "The Guests," " The Ladies," and " The Friends at Home.   INDIAN TROUBLES.   On the 20th of July, of this year, there occurred the only real difficulty that the settlers had with the Indians. It threatened, at first, to be serious in its results, but the judicious course immediately taken by the leading men warded off the evil consequences. Of the several accounts of the tragedy that have been published we have preferred that furnished by Mr. Leonard Case, for a number of rea. sons. We follow almost exactly Mr. Case's words.   " * About the killing of the Indians, at the Salt Springs, on the 20th of July, 1800, the writer hesitates to say.much, as he has seen several accounts of that transaction which differ materially from each other as well as from his own. But, as he saw part, and heard more from those who were present, he will give a short statement of the transaction as he recollects it.   "In 1799 Joseph M'Mahan had erected a small house near the south-west corner post of Howland, at the south end of the Goose Pond, which he left in the Spring of 1800. He went to the Salt Springs, and had taken about four acres of bottom land from Richard Storer, at the south end of the bottom, to raise corn. In the Spring of 1800 he planted it. In July a party of Indians encamped about sixty rods up the Salt Spring ravine, at an old camping-ground. The ravine was thick with brush, but the camp-ground was open, except here and there some large trees.   " The Indians got whisky, and had a general drunken revel, in which M'Mahan and some other whites joined. The whisky of the Indians having been exhausted, the whites were not satisfied, but sent to Quinby's, at Warren, and obtained a further small supply. The Indians suspected this, but the whites denied it, and would not let them have any. On Tuesday, perhaps, M'Mahan left and went to Storer's to tend his corn. Soon after he had left, the Indians began to tease and insult his wife, and finally threatened to kill her and the children. On Thursday, the wife, taking one child in her arms, and/ leading the others, started for Storer's, where her husband was.   "The writer, after much reflection, is in doubt whether Mrs.   *Judge Kirtland's Diary.   MAHON1NG VALLEY - 185   M’Mahan stayed that night at Storer's, or whether he, for some cause, had startied for his home at the Springs, and had met his wife on the road, an .old road, long since abandoned, near the south line of lot No. forty--one. At all events, they, M'Mahan and his wife, were at the Springs next forenoon. M'Mahan had a talk with the Indians of the camp, and apparently settled the matter. They agreed to be peaceable, and he returned to tend his corn at Storer's. Soon after he had left, they again began to threaten the woman and the children, and it was said an Indian struck one of the children with the handle of his tomahawk. Matters went on from bad to worse, until on Saturday afternoon, the wife again took the children and started for Storer's. She meet her husband on the way, a short distance from Storer's, opposite my father's farm. They returned to Storer's and remained there Saturday night, telling over and nursing their grievances.   "On Sunday morning, 20th, M'Mahan went up along the river among the settlers, told over his side of the story, and begged for aid to go with him to make a permanent settlement of the difficulty. Most of the young and middle-aged men whom he met, accompanied him. He got together about thirteen men and two boys. Among them were Henry Lane, Jr., Ephraim Quinby, John Lane, Asa Lane, Richard Storer, Will Carolton, William Fenton, Charles Dally, John Bentley, Jonathan Church, Benjamin Lane, M'Mahan, of course, and others whom I do not recollect. The two lads were Thomas Fenton, and Peter Carolton, about ten or eleven years old, perhaps older.   "In those days it was customary for every man to carry his gun, and the party each had one, except the boys. The writer saw the company passing his father's place, about ten o'clock, on their way to the Springs. As the story was related at the time, they passed along in a jovial manner, engaged in miscellaneous conversation, until they reached the run at the Salt Springs, below the camp. There Mr. Quinby, who, in those times, was generally looked up to as a kind of leader, called a halt. It was agreed that he should go up to the camp, and see what the difficulty was, and return and let them know. The others all stopped. He passed on to the camp where the Indians lay lolling about. Among them, were Captain George, a Tusearawas, who spoke English, and John Wimlow, a Seneca, called `Spotted John,' because lie was partly white. Quinby asked Captain George what the difficulty was between him and M'Mahan. George answered, Oh, Joe damn fool. The Indians do n't want to hurt him or his family. They drank up all the Indians' whisky, and   186 - HISTORICAL COLLECTIONS.   then would n't let the Indians have any of theirs. They were a little mad, but don't care any more about it. They (M'Mahan and family) may come back and live as long as they like; the Indians won't hurt them. _ "Mr. Quinby returned to his comrades expecting to find then where they had stopped. But, in the mean time, they had sauntered up the path along the run, and when Quinby met them, were just emerging from the ravine and coining up the bank. On meeting Quinby, all halted, except M'Mahan. He strode on, and the boys followed him. As he passed, Quinby said, 'Stop, Joe;' but Joe did not heed it. The others listened to the relation by Quinby of what had passed at the camp between him and the Indians. In the mean time; they had risen from the ravine into plain, open view of the camp, some twelve or fifteen rods distant, with only an occasional large tree between them, and while Quinby was relating what the Indians had said, Joe M'Mahan and the two boys had got to the camp. Captain George was sitting on the root of rather a large tree, leaning his body against the trunk when M'Mahan approached him. The other Indians, some five or six, and several squaws and papooses, were lolling around about the camp. Mac said to George, `Are you for peace or war? Yesterday you had your men, now I have got mine.' A tomahawk was sticking in the body of the tree immediately above the head of George. He sprang to his feet, seized the tomahawk, and was in the act of swinging it, as if to sink it into Joe's head, when Joe, being too near to shoot, jumped backward, brought his rifle to bear, and instantly shot George in the breast. The blood spirted nearly to M'Mahan, who cried out, Shoot, shoot,' to the men standing in open view without any thing to screen them. At the same instant, the Indians jumped up, caught up their rifles, and aimed at the whites. Of course the whites brought their rifles to bear, Storer among the rest. Several of their guns snapped, but missed fire, for the morning had been drizzling with rain, and the guns were damp. Storer saw John Wimlow (Spotted John) aiming, as he supposed, at him, and without further reflection, threw his rifle into position (it was an excellent one, and always in good order) and fired.   "At the same moment, Wimlow's squaw was endeavoring to screen herself and her papooses behind the same tree with Wimlow, and was directly behind him. Wimlow's hips were all of his person that were exposed. Storer's ball passed through them, and passing on; broke a boy's arm, passed under the cords of the neck of his girl,     MAHONING VALLEY - 187   and grazed the throat of his squaw. The two boys, Fenton and carolton, who were forward with M'Mahan, seeing him shoot George, fled for home. The sound of the second gun, added to their speed. They ran, without halting, three and a half miles to Davison's, and reached there so overdone that for some time they were unable to tell what had happened. They could only say shoot,' and then stop for breath.   “At the camp, after the fray, of course, all was confusion, among whites as well as the Indians. The former left the scene of action at rather a quick pace. The writer saw the party on their return, between one and two o'clock, P. M. The Indians, it is said, dug slight holes, covered the dead with dirt and leaves, and all except the squaw with her wounded children, fled for the woods, expecting the whites would follow and murder them. They took a path to Newton Falls, and there encamped, but were afraid to hunt. The wounded squaw took her two wounded children in her arms and started for the place of James Hillman, an old Indian trader who lived near Youngstown, a distance of nine miles, where she arrived, it was estimated, in an hour and a half.   "None of the whites who went with M'Mahan had any expectation of serious difficulty. Some of them said afterwards that they thought while going there, they discovered evil intentions in M'Mahan. Others thought differently. The men who went with him went as peace-makers, and had no thought of violence to the Indians. There was not attached to them any blame or even want of discretion. As evidences of the opinions of those acquainted with the affair at the time, it may be stated that Quinby was elected a member of the first General Assembly under the Constitution, in March, 1803. Henry Lane, Jr., has since been a member of the Assembly several times, and many others of that party have held stations of trust and confidence. There was no moral turpitude attached to any one other than M'Mahan. The party, as was stated, returned in some haste to the settlement. Soon afterward, they put M'Mahan under arrest, and with a guard sent him to Pittsburg, the nearest place where a prisoner could be kept. Some of the inhabitants, who had not been engaged in the transaction, thought that Storer ought to be arrested; also. The gathering was at his house, on what is now the Fusselman place. He quietly observed what was going on around him, and concluded from what he saw and heard, that he, too, perhaps, 'night be arrested, and put on trial. Upon reflection, believin,, that it would be inconvenient, about four o'clock in the afternoon, he   188 - HISTORICAL COLLECTIONS.   walked into his cabin, put on his hat, took down his rifle from its place on the hooks, and quietly walked off before them all, saying he must go to look for his cows. He went west to the woods. No one molested him, or tried in any way to hinder him. It was prob. ably best, and that most present knew, for although a very quiet and some final arrangement with them, the particulars of which the writer is not acquainted.   "Early in the September following, by order of Governor St. Clair, a court was held at Youngstown by judges of the General Court. Return J. Meigs, and the Governor in person, but not as a judge, attended. A jury was summoned by the sheriff, and Joseph M'Mahan was put upon his trial. George Tod and some other lawyers were for the people. John S. Edwards and Benjamin Tappan, of the Territory, and Steel Sample, of Pittsburg, were for M'Mahan. The most of the facts which have been stated were given in evidence. After a full and fair trial, the jury found M'Malian not guilty of the murder for which he was indicted. So far as appeared in evidence, all was brawl and talk until George caught his tomahawk with the evident intention of burying it in the brains of M'Mahan.   " The writer has heard that verdict rather severely criticised, but he has no doubt that it was in accordance with the law as generally applied to murder, the evidence being as there given. Moreover, civil man, of as good moral character as any other, he was efficient in what he undertook to do. His reflections were, as I afterward heard him say, at that time we had no organizedgovernment on the Reserve. (The jurisdiction had been ceded to the United States, but this was not known then among ordinary people at Warren.) Storer knew that he had done nothing criminal; for he had gone to the Salt Springs with the intent only and entirely of settling a difficulty. He suddenly found himself in imminent and instant danger of being shot, without any possible means of escape. He had fired to save his own life. If he submitted to be taken and to be tried, he had no knowledge by whom or by what law he was to be tried. Under these circumstances, he deemed himself fully justified in protecting his own life by absenting himself from the power of those who sought to call him to account for the deed. This I stov and am the more particular, because I have seen a different account of the transaction.   "From that time all was confusion in the neighborhood. The whites supposing that the Indians would be upon them for vengeance' gathered in squads for safety. They mostly met at Quinby's. All   MAHONING VALLEY - 189   horses, and with her three chi ldren and what goods and clothing she kept guard and lookout. On Monday Mrs. Storer mounted her two could carry, started for her former home in Washington County, Pennsylvania alone, except that Mr. Ashael Mills, of Nelson, who was on his way to Beavertown, accompanied her as far as the latter place. The rest of her property was left to such care as a few friendly neighbors could give it.   "The report of the affray had spread like wild-fire, and, by three or four o'clock of the same day, it had brought Hillman, John Young (afterward Judge), and some others, to Warren. Hillman, the Indian trader, had long been acquainted with the Indians, and all were anxious for his sdvice and assistance. They prevailed upon him to follow the Indians, and to endeavor to make some arrangement with them. A day or two afterward, in company with, I believe, Mr. David Randall, and, taking with him the wounded boy, he followed the trail of the Indians through the woods to their camp. They had been so much frightened that they dared not hunt, and when Hillman came in sight they fled to the woods, and even with the aid of the boy he found it difficult to induce• them to return. They, however, did return, and Hillman made with them a temporary arrangement, upon which the whites returned to their houses, and the Indians to their hunting. Afterward, the United States officers made those jurors would have compared favorably with jurors selected to try like cases at the present day.   "Joseph and John Filles, two young men, who were at the Salt Springs during the fracas, some three days afterward stayed at the house of the writer's fattier. They both made a statement to us, which was never given in evidence, and which would have been material to show George's motives. It was this : During the drunken scrape George several times said that he had killed nineteen white men, and wanted to kill one more to make an even number. But the Pities left for the Ohio and were not at M'Mahan's trial. Nor is it known to the writer that this circumstance was even stated at the trial."   Judge Kirtland, in his diary, speaks of being at Youngstown and 30t1 of seeing the arrival of the Indian interpreter to attend the confer- ence to settle this trouble. He adds that he was present- at it July 30th. Three hundred whites attended, and ten Indians; and time latter "agreed to make peace, and to live friends with their brothers." It is hard to see how the poor creatures could have arrived at any other decision under the circumstances.   190 - HISTORICAL COLLECTIONS.   CIVIL GOVERNMENT   On the 10th of July, 1800, the Government of the territory lying, north-west of the Ohio, consisting, at the time of its appointment, of General Arthur St. Clair, Governor; Winthrop Sargent, Secretary; and Samuel Holden Parsons, James Mitchel Varnum, and John Cleves Syrnmes, Judges, erected the whole of the Western Reserve into Trumbull County, and, furthermore, appointed officers for its ON ganization, with Warren as the county-seat. It is a que.ition, open for much discussion, whether Connecticut or the United States bad jurisdiction over this territory, previously and at that time, or whether any law was in force. Much depends upon the decision of another question; namely, whether the United States had a right to the Western lands of Connecticut and other colonies by force of conquest, or whether the colonies had good title to the same by right of charters received, at different times, from the kings of England. That question, and the broader one, which it in turn opens, as to whether France or Great Britain had legitimate claim, by right of discovery or possession, to all the country west of the Alleghany Mountains at the time the charters were granted, can not be discussed in this connection. However they may be decided, it is certain that when establishing the General Government, Congress practically admitted the claims of the charter colonies by appealing to them for liberal grants for the benefit of the country as a whole. Some responded. Connecticut, in 1786, finally execeted a release to all her lands, except those which were afterward known as the Western Reserve. Then came the appropriation of the fire lands, and the sale of the residue to the Connecticut Land Company, in 1795.   In the mean time, in 1788, Governor St. Clair and others had established their Territorial Government and erected counties. The first, Washington County, included that part of the Western Reserve lying south of Lake Erie and east of the Cuyahoga River, the old Portage Path, and the Tuscarawas River. Yet Connecticut had never yielded her rights to this, political or otherwise, to the United States, from which St. Clair had his authority. In 1796, August 15th, the county of Wayne was organized, including, with other territory, that part of the Western Reserve lying west of the Cuyahoga, Portage Path, and the Tuscarawas, with its county-seat at Detroit. In 1797 that part of the Reserve, east of the above-described limit, became part   * Perkins-Case Mss.   MAHONING VALLEY - 191   Jefferson County, the county-seat being at Steubenville. It was of v while the Reserve was part of Jefferson County that Zenas Kimberly was sent by its authorities into this neighborhood to inquire into the situation, with a view to taxation. The few settlers on the Reserve it that time did not acknowledge the jurisdiction of the United States. gimberly was greeted with laughter and ridicule until he left. No further effort was made to interfere with them until the jurisdiction was finally settled, in 1800.*   Some doubts were raised in regard to the procedure of Governor St. Clair and its consequences, and, in April, 1800, the United States passed a law authorizing the President to release all the United States claim to the right of soil to Connecticut for the benefit of the purchasers, if Connecticut would release all her claim of jurisdiction to the United States. The Legislature of Connecticut, the same Winter, in turn passed a law, authorizing its Governor to release said jurisdiction. Deeds of cession were executed according to these acts, and eventually exchanged, May 30, 1800. It seems pretty clear, therefore, that Connecticut owned the Western Reserve; at least, that she owned, and was in possession of, the political jurisdiction until May 30, 1800, although she had always declined extending her laws over it. The Territorial Government had made various decrees for the government of the north-western territory. But, could these laws have any force in the Reserve while Connecticut had the jurisdiction I It would seem not. Nor afterward, unless the United States should, by express legislation in Congress, extend those laws over the Reserve. For it is the custom of the United States, when Congress purchases a territory, to extend its laws over the same by express legislation. Such express legislation seems never to have been made. Considering these facts, it may, with propriety, be asked: By what right did Governor St. Clair erect the Reserve into Trumbull County, and appoint its officers I Was he not too hasty in such action? And by what right did the court, in Youngstown, in September 1800, try Joseph M'Mahan for murder ? Practically, the Government de facto and the proceedings of St. Clair were not questioned, and M'Mahan was declared innocent.   The proceedings of Governor St. Clair, in erecting Trumbull County, were not known to all the settlers at the time they occurred. It is not probable that it was intended that they should be commonly known, lest the plan for the location of the county-seat at Warren   * Mss. of T. D. Webb.   192 - HISTORICAL COLLECTIONS.   should be frustrated. Youngstown was older and larger, its soil was better, and its surface was more diversified. It was also nearer the east side of the Reserve, and it was there that the emigrants halted to recruit before making further explorations. It was, in fact, nearer civilization, and was "headquarters" for the surrounding country. Warren had a great advantage in its three mill-seats, for Youngstown had only one. And Warren had influence which Youngstown, at that time, did not possess. John Leavitt, Ebenezer King, Jr., Judge Calvin Pease, and others, who were much interested in lands in the immediate vicinity of Warren, and who, as it has been remarked hitherto, had no extended possessions lying further east, were all from Suffield, Conn. So was the Hon. Gideon Granger, at that time Postmaster-General of the United States. He was a man of influence in Washington, and was also interested in land in this neighborhood. Judge Pease was his brother-in-law. These circumstances all operated in favor of Warren, while Youngstown was almost entirely dependent upon the exertions of Judge Young, whose personal influence, however great, would not overbalance the opposition it must encounter in this matter of the county-seat.   There was, undoubtedly, from the first, some feeling on the part of the inhabitants of the south-east corner of the Reserve.. It grew quite decided within a short time, as that neighborhood became more thickly settled. Later, the strife became even fierce, as will be seen in other pages of this history.   FIRST COURT PROCEEDINGS.   Pursuant to notice to that effect, the first court in Trumbull County convened in Warren, at four P. M., on Monday, August 25, 1800. The court-room was primitive. It was between the corn-cribs of Mr. Quinby, which stood where Main Street passes in front of the Cleveland and Mahoning passenger station. Before inserting the formal account of the proceedings of the court, the following extract from the diary of Judge Turhand Kirtland, of Poland, may be of interest:   "Sunday, August 24, 1800. Making preparations for going to court.   "Monday, 25th. Went to Warren, took dinner at Adgate's, and went to Quinby's. Met the judge and justices of the county, when they all took the oath of office and proceeded to open the Court of Quarter Sessions and Court of Common Pleas, agreeable to the order   MAHONING VALLEY - 193   of the Governor. They proceeded to divide the county into eight townships, and appointed constables in each. A venire was issued to eumninn eighteen persons as grand jurors. Information was lodged by the State Attorney against Joseph M'Mahan and Richard Storer.   "26th. The jury found bills against each of them for the murder of two Indians at the Salt Springs, and processes were ordered to be issued against them, to be apprehended and held in close custody until the Governor should order a Court of Oyer and Terminer to be held to try them. The witnesses were recognized to attend said court.   27th, 28th, 29th were spent in hearing proposals, viewing ground and fixing on a place for the seat of justice at Warren. Many places were mentioned; but the east side of the Mahoning, near Esquire Quinby's house, was determined upon by the court, and the court adjourned at noon. I rode to Burton."   EXTRACT FROM THE RECORDS.*   "CIVIL OFFICERS OF THE COUNTY OF TRUMBULL. —John Young, Turhand Kirtland, Camden Cleveland, James Kingsbury, and Eliphalet Austin, Esquires, Justices of the Peace and Quorum.   "John Leavitt, Esq., Judge of Probate and Justice of the Peace; Solomon Griswold, Martin Smith, John Struthers, Caleb Baldwin, Calvin Austin, Edward Brockway, John Kinsman, Benjamin Davison, Ephraim Quinby, Ebenezer Sheldon, David Hudson, Aaron Wheeler, Amos Spafford, Moses Park, and John Minor, Esquires, Justices of the Peace.   "Calvin Pease, Esq., Clerk; David Abbott, Esq., Sheriff ; John Hart Adgate, Coroner; Eliphalet Austin, Esq., Treasurer; John Stark Edwards, Esq., Recorder.   " TRUMBULL COUNTY, SS., “August Term, 1800.   "Court of General Quarter Sessions of the Peace, begun and holden at Warren, within and for said county of Trumbull, on the fourth Monday of August, in the year of our Lord eighteen hundred, and of the Independence of the United States the twenty-fifth, present :   "John Young, Turhand Kirtland, Camden Cleveland, James Kingsbury, and Eliphalet Austin, Esquires, Justices of the Quorum; and others, their associates, Justices of the Peace, holding said Court. The following persons were returned and appeared on the Grand   * Probate Office, Warren.   194 - HISTORICAL COLLECTIONS.   Jury, and were impaneled and sworn ; namely, Simon Perkins, fore.. man; Benjamin Stow, Samuel Menough, Hawley Tanner, Charles Daly, Ebenezer King, William Cecil, John Hart Adgate, Henry Lane, Jonathan Church, Jeremiah Wilcox, John Partridge Bissell Isaac Palmer, George Phelps, Samuel Quinby, and Moses Park.   " The Court appointed George Tod, Esq., to prosecute the pleas of the United States, the present session, who took the oath of office.   "The Court order that the private seal of the clerk * shall be considered the seal of the county, and be affixed and recognized as such till a publick seal shall be procured.   "The Court appointed Amos Spafford, Esq., David Hudson, Esq., Simon Perkins, John Minor, Esq., Aaron Wheeler, Esq., Edward Payne, Esq., and Benjamin Davison, Esq., a Committee to divide the county of Trumbull into townships, to describe the limits and boundaries of each township, and to make report to the Court thereof.   " The committee appointed to divide the county of Trumbull into townships, report as follows, namely : all that tract of country lying within a line beginning at the south-east corner of township number one in the fifth range ; thence running north to the south-east corner of township number three in the fifth range ; thence east to the south-east corner of township number three in the third range; thence north to the north-east corner of township number five in the third range; thence west to the north-west corner of township number five in the sixth range; thence south to the south-west corner of township number one in the sixth range ; "thence east along the south line of the county to the place of beginning, shall constitute one township, and to be called and known by the name of Warren."   (The limits of Youngstown, Hudson, Vernon, Middlefield, Richfield, Payneville, Cleveland, were also determined.)   "The Court accept the report of the committee appointed to divide the county of Trumbull into townships, and confirm and establish the boundaries and names of the townships as reported by the said committee.   "The Court appointed Turhand Kirtland, John Kinsman, and Calvin Austin, Esquires, a committee, to fix upon and provide some proper place for a temporary jail, until a publick jail can be erected, and make report thereof to the Court.   "The aforesaid committee report as follows ; namely, that the room in the south-west corner of the house of Ephraim Quinby, Esq.,   * Calvin Pease's seal is in possession of Judge Kinsman.   MAHONING VALLEY - 195   is a convenient and proper place for a temporary jail, and they have procured the said room for that purpose.   "The Court accept the report of the committee and order that said room shall be the jail of the county of Trumbull until a publick gaol can be erected.   “The Court appointed Turhand Kirtland, John Kinsman, Calvin kustin , and Amos Spafford, Esquires, a Committee, to view and lay out a proper extent of ground for the liberties of the prison, and to make report thereof to the Court.   "The committee aforesaid having viewed, report that the boundaries of the liberties of the prison in this county shall begin at a softmaple-tree, marked, standing about ten rods north-east of the prison- house ; thence running north forty-four degrees west, twenty rods to an elm-tree, marked ; thence south four degrees east, twenty-six rods to a large white oak-tree, marked; thence east twenty rods to a stake standing on the west side of the road; thence south by said road, twelve rods to a soft-maple-tree; thence east to a white-oak sapling, standing the east side of the road ; thence north on the east side of road, sixty-six rods to a stake ; thence west to a white-oak sapling standing on the west side of the road, near the north-east corner of James Fenton's house; from thence to the place of beginning. [The boundaries for the jail limits cover the ground between Main and Liberty Streets, extending north and south from just below Market Street to William Street ; also embracing the land around the jail, and west about twenty rods from Main Street. Those limits were the bounds within which a prisoner on good behavior and his parole was allowed to walk. The house referred to as belonging to James Fenton, undoubtedly was the one occupied by William Fenton on the river's bank.]   "The Court accept the report of the committee, and confirm and establish the limits and boundaries of the liberties of the prison, agreeable to the aforesaid report of the committee.   "The Court appointed the following persons to serve as constables, within their respective townships in the county of Trumbull the present year; namely, James Hillman for the township of Youngstown, who took the oath of office in open court ; Jonathan Church for the town of Warren; Heman Oviatt and Amze Atwater for the town of Hudson ; Titus Brockway for the town of Vernon ; Simon Rose and Rufus Grinell for the town of Middlefield ; John A. Harper and Mills Case for the town of Richfield; Charles Parker for the town of Payneville ; Stephen Gilbert and Eleazer Carter for the town of Cleveland   196 - HISTORICAL COLLECTIONS.   "Ordered by the Court, on motion of Mr. Edwards, that Ephraim Quinby, Esq., be recommended to the Governor of this territory as a fit person to keep a publick-house of entertainment, in the town of Warren, on his complying with the requisites of the law.   “On motion of Judge Kirtland, the Court ordered that Jonathan Fowler be recommended to the Governor of this territory as a fit person to keep a publick-house of entertainment in the town of Youngstown, on his complying with the requisites of the law.   "Personally appeared in open court Benjamin Davison, Esq., Ephraim Quinby, Esq., John Bentley, millwright ; and John Lane, yeoman; all of 'Warren, in Trumbull County ; James Hillman, yeoman, and William Hall, yeoman, both of Youngstown, in said county, and acknowledge themselves severally indebted to the United States in the bond of recognizance in the penal sum of two hundred dollars each, to be levied on their lands, tenements, goods, and chattels, and bodies, if default be made in the condition of their recognizance, which condition is, that the said Benjamin Davison, Ephraim Quinby, John Bentley, John Lane, James Hillman, and William Hall, be each one in his proper person before the next Court of Oyer and Terminer, which shall be holden within the county of Trumbull whenever the same shall be, there to testify the truth between the United States and Joseph M'Mahan on an indictment for murder; and also beween the United States and Richard Storer on an indictment for murder.   "The Court ordered that the Clerk be authorized to procure a public seal for the county of Trumbull, of such a size and with such devices as he shall deem proper, at the expense of the county."   Thus ended the first session of court on the Reserve. Another session was held in May, of 1801, and of its proceedings we copy the following :   MAY TERM, 1801.   " Ordered by the Court that the county of Trumbull be divided into districts for the purpose of carrying into effect the territorial tax upon land, and that each term (as the towns were established by the Court in August last) shall constitute one district, and that each district shall bear the same name with the town which constitutes it. CALVIN PEASE, Clerk.   "Ordered by the Court that the County of Trumbull be divided into two election districts; that the towns of Middlefield, Richfield, Paynesville, and Cleveland, shall constitute the Northern District, and   MAHONING VALLEY - 197   that the house erected by Mr. Simon Perkins at the intersection of Young's Road and the Lake Road, be the place for holding elections in the Northern District.   "And that the towns Youngstown, Warren, Hudson, and Vernon, shall constitute theSouthern District, and that the house of Ephraim Esq., in Warren, shall be the place of election. " C. PEASE, Clerk.   "Ordered by the Court that the sum of two dollars shall be paid out of the treasury of the county as a reward for each and every wild wolf, of the age of six months and upward, that shall be killed within this county to the person killing the same ; and the sum of one dollar for each and every wolf under six months, that shall be killed in this county to the person killing the same ; under the restrictions and regulations of an act of this territory entitled, 'An Act to encourage the killing of Wolves. " CALVIN PEASE, Clerk.   "The committee appointed to draught a plan of a gaol report as follows: namely, we being a committee appointed to report to the Court of General Quarter Sessions of the Peace, a plan of a building which will accommodate the county for a gaol, beg leave to lay before the Court a plan of a building of the following dimensions to-wit : thirty feet long and twenty-two feet wide in the inside, to consist of two rooms, one of sixteen feet by twelve, for criminals ; the other sixteen by eighteen feet for debtors ; the lower floor to be made of hewn timber fifteen inches in thickness to be laid double, a space say to extend the whole length of the building, and the doors to be from the space way into each room; the sides of the prison room to he made of hewn timber fifteen inches thick, and to be laid double, and well locked in at the corners, to be laid in the following manner: the first stick to lie on the floor; the next and outside timber to rbiestel‘ 1,etaelnf of the width of the first stick above it; the outside wall from the space way to be rayed up with square timber fifteen inches thick. The building to be raised in this manner, so as to be eight feet high joints ; the upper floor to be laid double with hewn timbers twelve inches thick so as to break joints. The building then to be covered with a good roof to be made of rafters and covered with chestnut shingles eighteen inches in length; the foundation of the building to be a large white-oak stick of timber hewn upon one side and buried in the ground ; we think proper that all the timber be of   198 - HISTORICAL COLLECTIONS.   white-oak. Two small windows in the debtors' room and one in criminals', well guarded with iron grates. “ DAVID ABBOTT, “ SIMON PERKINS, " URIEL HOLMES, Jr., " SAMUEL WOODRUFF, Committee.   "COUNTY OF TRUMBULL, May 27, 1801.   "The Court accept the report of the committee with the following alteration ; namely, the roof to be covered with long oak shingles of the common length of long shingles, and order that a public gaol be built agreeably to the plan reported by said committee with the aforesaid alteration, and appointed Mr. Simon Perkins to superintend the building of said gaol, and to carry into effect such contract as the Court of Quarter Sessions shall make with any person or persons for the building thereof. CALVIN PEASE, Cleric."   Later sessions were held once or twice a year, although there seems to have been no great regularity as regards the time. Their transactions generally concerned the laying out of roads and the trying of a few assault and battery cases, which are of no interest to the public. Until the time of the erection of the new county buildings, which occupied the site of the present structures, the courts were held: first in the corn-cribs; next in a log-house built by James Scott in 1805, on the corner of Malioning Avenue and High Street, long known as the Greater House, and on the lot now owned and occupied by Warren Packard ; and lastly, in the third story of a log and framed house, built by Wm. W. Cotgreave, on the site of the Van Corder Block. A room on the first floor was prepared and used for many years as a jail, until, in fact, the "old log jail" was built, which must have been about 1815. It stood on or near the site of the present structure. The old brick jail which followed it was erected in 1825.   SURVEY OF WARREN.   On the 10th of December of this year, 1800, Captain Quinby caused a survey to be made of that part of his property lying on the east side of the river, and laid out the town. Caleb Palmer was the surveyor. Mr. Quinby donated to the town " for publick uses"* the public square and the streets. Main Street, of which Mahoning   * Vide Records.   MAHONING VALLEY - 199   Avenue was a continuation, is indicated in the plat as "No. 1 ;" High street, " No. 2;" Market Street, " No. 3 ;" South Street, " No. 4 ;" and Liberty Street from the square south, " No. 5." There was no continuation of Liberty Street toward the north, nor were any of the smaller cross-streets laid out.*   We are not able to give an exact list of the families that settled in Warren during this year, but, in all, there were about twenty.   1801.   New-year's day found Warren the seat of Government for the Reserve, and the most important place in it, although not more than thirty or thirty-five families were here. The life must have been rough, and the work to be accomplished before it could be softened, something appalling—if the settlers had been easily appalled, which they were not. What there was to be done in those times was done with a hearty good will, made lighter by kindly feeling—and a good deal of whisky. Warren was passing from a state of nature to a state of civilization ; and that is always a rough, hard period.   The surface of the country was not at all as it is now. Grading and paving have since made great changes in its appearance. The trees were then standing thickly over the place, or lying where they had fallen. The clearings were generally in the immediate vicinity of the cabins.   The point upon which the court-house now stands was a considerable elevation, and north and north-west of it the land was of the same elevations as at the present day. From the site of the courthouse there was a decided slope toward the south, and the corner of Market and Main Streets was very low. There, in fact, was the beginning of a swamp, which, running east on the line of the business blocks on Market Street, spread south toward the river, and southeast toward the mouth of Red Run. The level of Market Street has been raised about ten feet, the cellars of the buildings being on the original surface. How much of a swamp there was may be realized from this fact : Jacob Harsh, who lived, a year or two later, about Where Adams's book-store is, had a cow which got mired back of his house. She was rescued with much labor, but died the next day from exhaustion. When the surface water was frozen in Winter, the Swamp was a favorite place for the boys and girls to "run and slide"   * The ordinance giving the streets the names most familiar to the present generation was passed when Warren was incorporated as a village, in 1834.