250 - HISTORY OF HOCKING VALLEY. have givan it their grateful shade. Here, a little apart from their surviving fiends, rest the fathers of the village. "The breezy call of incense-breathing morn, The swallow twittering from the straw-built shed, The cock's shrill clarion or the echoing horn No more shall rouse them from their lowly bed.” In January, 1864, the citizens of Athens, feeling the need of a snore beautiful burying ground, organized the Athens Cemetery Association, with a capital stock of $4,000, divided into shares of $100, which was incorporated under a general law of the State. An eligible site was selected west of the town, and a purchase made of twelve acres, which has since been tastefully laid off into winding walks and drives, and handsomely ornamented with shrubbery. Some appropriate and costly monuments already adorn the new cemetery, which is a place of pleasant resort for the residents of Athens, and is a credit to the town. The organization is officered as follows : Calvary Morris, President, H. J. Topky, Secretary; A. B. Walker, Treasurer, and Calvary Morris, J. W. Harris, J. H. Pratt, W. P. Johnson and Jesse Van Law, Trustees. ATHENS COUNTY BIBLE SOCIETY. This society was founded in Athens County in 1822, as an auxiliary of the American Bible Society. Since its organization it has donated to the parent society in cash nearly $2,000 and expended in the purchase of books for home use about $7,000. It has circulated, in sixty-one years, upward of 16,000 copies of the Holy Bible in home and foreign fields. The present officers are: D. B. Stewart, President; Cyrus Rose, Secretary, and James D. Brown, Treasurer. SOCIETIES. Paramuthia Lodge, No. 25, F. & A. M, was chartered Oct. 2, 1814, and is one of the oldest lodges in the State of Ohio. The records have been unfortunately destroyed by fire. The Past Masters since 1867 have been: C. L. Wilson, 1867; J. M. Goodspeed, 1869; H. M. Lash, 1875; J. M. Goodspeed, 1878; H. C. Will, 1879; J. H. Walker, 1880; J. L. Pickering, 1882. The present officers are: Peter Kern, W. M.; E. P. Cooke, S. W.; J. P. Dana, J. W.; Judiah Higgins, Treas.; George R. Walker, Sec.; H. B. Stewart, S. D.; G. G. Lewis, J. D.; Joel Moe, Tyler. The next election of officers occurs Dec. 11, 1883. The stated communications are held the second and fourth Tuesdays of each month. HISTORY OF HOCKING VALLEY - 251 Athens Chapter, No. 39, 1?. A. .31., was chartered Jan. 20, 1849, since which time the office of High Priest has been held successively by Leonidas Jewett, 1849—'52; S. P. Pruden, 1853—'5; J. M. Dana, 1856—'8; L. W. Brown, 1859—'61; J. M. Dana, 1862—'74; J. M. Goodspeed, 1875—'83. The present officers are : J. M. Goodspeed, H. P.; H. M. Lash, K.; L. M. Jewett, S.; J. P. Dana, C. H.; H. B. Stewart, P. S. ; E. R. Lash, R. A. C.; E. P. Cooke, G. M. 3 V.; J. L. Pickering, G. M. 2 V.; B. W. Pickering, G. M. 1 V.; Wm. H. Brown, Treas.; C. Mc Lean, Sec.; Joel Moe, Guard. The next election of officers occurs Dec. 14, 1883. The stated communications are held on the second Friday of each month. Sereno Lodge, No. 479, I. 0. 0. F., was organized June 29, 1871, by A. Pearson, D. G. M. The seven charter members were : J. O. Jones, W. G. Cooley, J. H. Earhart, G. W. Ullom, J. H. Thurston, J. W. Harris and W. H. Mintun. The first officers were : J. O. Jones, N, G.; W. G. Cooley, V. G.; G. H. Earhart. Rec. Sec.; G. W. Ullom, Per. Sec.; J. W. Harris, Treas. The present officers are : W. C. Leesger, N. G.; W. J. Hastings, V. G.; Mr. Myers, Rec. Sec.; D. C. Conwell, Per. Sec.; G. W. Ullom, Treas.; C. B. O'Bleness, P. G. The lodge meets every Friday evening, and is in excellent condition, financially and otherwise. Athenian Lodge, No. 104, K. of P., was instituted Jan. 15; 1877, by Leroy S. Dungan, of London, 0., and T. Q. Collins, of Toledo, 0., with eighteen charter members, as follows: C. B. O'Bleness, P. C.; E. R. Lash, C. C.; H. B. Stewart, V. C.; F. 0. Pickering, P.; E. H. James, K. of R. and S. ; A. L. Gabriel, M. of F.; T. M. Pickering, M. of Ex.; John Graham, M. at A.; L. W. Connett, J. L. Swett, C. P. Rose, E. Z. Stedman, E. R. Gabriel, W. F. Jourdan, A. Laird, S. M. Shepard, 11. C. Gabriel and F. F. Custar. The present membership is forty-five. It meets every Monday night. The present officers are; C. P. Rose, P. C.; L. W. Connett, C, C.; George Ford, V. C.; A. Laird, P.; E. R. Lash, K. of R. and S.; John P. Coe, M. of Ex.; F. 0. Pickering, M. of F.; C. B. O'Bleness, M. at A. Athens Council, No. 15, was chartered Oct. 15, 1850. The records having been destroyed by fire, a new charter was granted June 3, 1853, since which time the office of Thrice Illustrious Master has been filled as follows: S. B. Pruden, 1853; W. H. Young, 1859; J. M. Dana, 1864; L. W. Brown; J. M. Good- 252 - HISTORY OF HOCKING VALLEY. speed, 1873; J. A. Slattery, 1875; G. W. Baker, 1878; A. Selig, 1882; J. L. Pickering, 1883. The present officers are as follows: J. L. Pickering, T. I. M.; A. J. Frame, D. M.; J. M. Goodspeed, P. C. W.; L. M. Jewett, Treas.; C. McLean, Rec.; E. R. Lash, C. of G.; Dean Stickney, C. of C.; Peter Kern, Steward; Joel Moe, Steward. The next election of officers occurs Dec. 19, 1883. The stated communications are held third Wednesday ot each month. Athens Commandery, No. 15, was chartered Oct. 16, 1857, since which time the office of Eminent Commander has been filled by Samuel Pruden, 1857-'64; Norman Root, 1865; Wm. H. Young, 1866; C. L. Wilson, 1867-'8; J. Q. Mitchel, 1869-'72; Joseph Jewett, 1873; N. H. Van Vorhes, 1874; J. M. Goodspeed, 1875-'6; C. H. Grosvenor, 1877-'8;' J. M. Goodspeed, 1879-'83. The present officers are ; J. M. Goodspeed, E. C.; E. R. Lash, Gen.; H. B. Stewart, Capt. Gen.; J. P. Dana, Prelate; J. L. Pickering, S. W.; Dean Stickney, J. W.; A. J. Frame, Treas.; C. McLean, Rec.; C. W. Harris, St. B.; W. P. Shepard, Swd. B.; Peter Kern, Warder; Joel Moe, Sent. The next election of officers occurs Nov. 28, 1883. The stated communications are appointed to be held the fourth Wednesday of each month. Grand Army of the Republic.—This order was established June 24, 1881, by David Lanning, of J. C. McCoy Post, of Columbus, Ohio. It is called the Columbus Golden Post, No. 89, being named after Columbus Golden, who was the first man who fell in the civil war from Athens County. The post belongs to the Department of Ohio, and was organized with twenty-five charter members, R. A. Constable, elected Post Commander and J. L. Pickering, Adjutant. The post has had a successful life so far and its future is one of promise. Its present officers are R. A. Constable, Post Commander and F. T. Towsley, Adjutant. Its memb3rship now numbers 212, and its treasury holds a surplus of $800. R. A. Constable was the delegate to the National Council in 1882, and the delegate-to the National Encampment in 1883 was C. H. Grosvenor, the only one from Ohio. A portion only of the members of the post (thirty) are uniformed besides the officers. The Columbus Golden Post stands high among its brethren in the State, and has strong influence .in the State and National Council. HISTORY OF HOCKING VALLEY - 253 NEWSPAPERS. Athens Mirror and Literary Register.—This was the pioneer newspaper of the Hocking Valley, as well as of Athens County. It was started in 1825 by A. G. Brown, as editor and proprietor. He was assisted pecuniarily in this enterprise by several citizens of Athens. The press was bought second-hand at` Marietta, and with the press came Isaac Maxon as foreman, and John Brough, afterward Governor of Ohio, as apprentice. He lived with Judge Brown for several years, working on the paper, and between the two there grew a warm friendship. The press above alluded to was a Stanburg press, "double pull," and the ink was distributed by leather-covered balls, the only method at that time known. The first isssue of the Mirror appeared the first week in April, 1825. The paper was political and literary in its character, printed once a week, of sixteen pages, about 9 x 5 inches to each number. It continued through five years. In February, 1829, the publisher announced that "all who wish to see the fifth volume of the MIRROR published, are desired to send in their names before the first day of May next," and earnestly solicits increased patronage. Among the contributors to the Mirror was Rev. Samuel D. Hoge, a son of Rev. Moses Hoge, President of Hampden-Sidney. College, of Virginia, and a brother of Rev. James Hoge, of Columbus. The circulation of the Mirror was usually about 400 to 500. It was succeeded in 1830 by The Western Spectator, which was edited and published by Isaac Maxon, formerly foreman under Mr. Brown. Under his management it continued about six years. It was a good local newspaper. In 1836 it was bought by Abraham Van Vorhes, who changed the name to the Athens Messenger and Hocking Valley Gazette.—Under this name Mr. Van Vorhes edited and published the paper for several years, enlarging it, printing it on new press and type, and otherwise greatly improving it. In 1844 he sold out to his sons, N. H. and A. J. Van Vorhes. From Jan. 18, 1850, to July 14, 1851, S. N. Miller was a member of the firm. July 8, 1853, N. H. Van Vorhes was obliged to resign his duties temporarily, on account of failing health, and his brother conducted the paper until Oct. 19, 1856, when the office was sold to G. S. Walsh. Mr. Walsh conducted it but a year, when N. H. Van 254 - HISTORY OF HOCKING VALLEY. Vorhes again took the paper. He continued as editor till 1861, when he entered the Union army, having sold the Messenger to T. F. Wildes, afterward editor of the Journal. He retained the Messenger but a short time, selling out to Jesse and S. C. Van Law, the latter of whom withdrew in September, 1863, leaving Jesse Van Law sole editor and proprietor. He was the " war editor," and under his control the paper maintained the reputation made for it by Mr. Van Vorhes. The news from the scenes of conflict during the war were fuller in the Messenger than in almost any other paper of its size in the State. Mr. Van Law sold to J. W. Stinchcomb in November, 1865, and on Oct. 25, 1866, J. R. S. Bond became the proprietor and editor. He sold to the present editor, C. E. M. Jennings, March 5, 1868. Since taking possession of the paper, Mr. Jennings has twice brought out the Messenger in a new dress. The size of the paper has been changed several times during its long life. It is now eight pages in size, and contains six columns to the page. It is published every Thursday. The Messenger has always been uniformly Republican in principles, since the organization of that party, and before 1855 equally consistent in its support of Whig doctrines. It continues to be one of the most influential papers in Southeastern Ohio. The Athens Herald.—The Athens Herald is yet in its infancy, its first issue being of date Sept. 25, 1882, but it is a lusty, vigorous child of the art typographical. It was started by a stock company, of which J. M. Wood, J. P. Wood and L. C. Butler were the principal stockholders, Mr. L. C. Butler assuming the editorship, and the name given being as above. Politically it is Republican or represents the principles of the party so designated at this time, and is in size a quarto of eight pages, six columns to the page. Mr. Butler retired from the editorship May 9, 1883, and at this time the paper does not have its editor's name at the head of its columns. Mr. Malcolm Jenning became city editor Oct. 23, 1882. and is still upon the editorial staff of the paper. The publication of the Herald has proved a marked success from its first issue, and the Herald Publishing Company is at this time in a prosperous condition. The Athens Journal.—The Athens Journal, since its founding, has been one of the leading newspapers in the county. Although for a period in its history it was independent in politics, it has always been a guide to public opinion on the leading topics of the day, and has done not a little to affect the political phases of the HISTORY OF HOCKING VALLEY - 255 county and elsewhere, so far as it has reached. Its history is con_ siderably varied, having made two radical changes in its political doctrine, and been in the hands of several different, but always able, editors. It was founded by Hiram C. Martin, a citizen of Athens, who was proprietor and editor. The first issue appeared on Wednesday, Dec. 15, 1869, but it did not appear regularly until Thursday, Jan. 6, 1870, the number issued on this date being marked No. 1, of Vol. 1. It was Republican in politics, but rather than to political agitation its tendency was in the direction of a critical and literary journal, having among its contributors such public-spirited and educated gentlemen as David H. Moore, W. H. Scott, then Professor of Greek in the Ohio University, W. F. Boyd, of Cincinnati, Rev. A. C. Hirst, then Professor of Latin in the Ohio University, Rev. Jesse Van Law, John R. Scott, Earl Cranston, John E. Sanders and John Ackley under the nom de plume of " Daddy Hague." The paper continued under this management until 1871 when, Mr. Martin's health failing, he sold out to a joint stock company and retired from the paper but retained an interest in it by becoming a stockholder. Of this new company, called the Journal Printing Co., Mr. Henry T. Brown, of Athens, was the President and Dr. Thomas W. Sparrow, Secretary and Treasurer. Dr. Sparrow assumed the business control. Although for several months after this change no name appeared as editor, it is well known that the editorial work was done chiefly by General Thomas F. Wildes, then a resident of Athens. At the beginning of the year 1872, according to previous announcement, the editorial responsibility was undertaken by W. H. Scott, while Hiram C. Martin became business manager and local editor In October following the management was transferred to Oscar W. Brown, who also supervised the editorial department. In December, 1873, the Journal Company sold out to D. Montague and James A. Miller, whose names appear as joint proprietors and editors, but who failed to fulfill the contract of purchase, and it fell back into the hands of the company in January, 1875. At the beginning of this management the name was changed from the Athens County Journal to its original name, the Athens Journal, and it was also changed in politics to an independent paper. In the issue of Jan. 14, 1875, Montague and Miller presented their valedictory, making known to the public their sale of the paper to Colonel R. W. Jones, who was to take possession at once. At this time it was the intention of Mr. Jones to make it a partisan 256 - HISTORY OF HOCKING VALLEY. paper, and change the name to the Democratic Standard. Although public announcement to that effect had been made, since it was found that the Journal Company were still the real owners, it was only leased to Mr. Jones, and continued as an independent paper, as the owners, being all Republicans, refused to allow it to become Democratic. At the time of the completion of this change the following card appeared in the columns of the Journal; "The Journal Company have made arrangements with Colonel R. W. Jones to continue the publication of the Journal as an independent paper. Under the new management the patrons of the paper, and the public, may be assured that its interest as a public journal will be increased, and its usefulness and circulation extended. " Colonel Jones has had large experience as an editor and publisher, and is thoroughly conversant with every department of the newspaper business. " The prompt encouragement of the friends of the Journal by way of subscriptions, job-work and advertising is earnestly solicited, and will, we are confident, assure the complete success ot the present arrangement.  F. L. JUNOD, H. T. BROWN, Signed, H. C. MARTIN, T. W. SPARROW, PETER HIXSON, GEO. PUTNAM, and LEONARD BROWN, Journal Company." Soon after this, the paper was enlarged to nine columns, the size it has since preserved. Mr. Jones won friends and confidence in the paper by his sarcastic wit and masterly ability. Limited as he was by the requirements of its owners, that the paper should be independent, his strength as a political advocate was not known until after April, 1876, when it passed entirely under his control. He made the paper strictly Democratic in doctrine, expressing through it ,without fear, his views on all subjects. During his editorial control, which lasted until near the time of his death, in 1881, the paper was characterized by vigor and independence, the editor's motto being, " Give me the liberty of the press and I will tear down corruption from its towering height, and bury it beneath the ruin of the abuses it was meant to shelter." HISTORY OF HOCKING VALLEY - 257 Since the death of Mr. Jones the paper has remained in the hands of his family, and has continued the same in appearance and political doctrine. The editorial control has been assumed by his daughter, Jennie Jones, who has proven her ability to maintain the usefulness and strength of the paper as an influential public organ. PERSONAL SKETCH FROM THE FUNERAL DISCOURSE. Robert Wilmeth, Jones was born in Belmont County, 0., June 17, 1826. On his father's side he was of Welsh extraction, and on the maternal side a lineal descendant of that brave sailor, Rear-Admiral Carter, who, with Admiral Russell, commanded the English and Dutch fleets in the battle of La Hogue, and who, being mortally wounded in the engagement, gave his last command in the memorable words, " Fight the ship while she can swim!) Colonel Jones was the third child of Wilmeth Jones and Sarah, his wife, nee Carter, and one of seven children. At the age of fourteen years he began to learn the mysteries of "the art preservative of all arts," serving seven years as apprentice and foreman with John Irons, of Uniontown, Pa., in the office of the Genius of Liberty, which paper he edited for about two years of that time. On the 2d of March, 1847, he was united in marriage with Anna M. Sturgis, of Uniontown, who survives him after a wedded life of thirty-four years. To them were born six children, two of whom only are now living. In 1847 Colonel Jones began the publication of the Cumberland Presbyterian, the organ of the church whose name it bore, at Uniontown, and continued it at Brownsville and afterward at Waynesburg, Pa., with a short interval, till 1865. He began the publication of the _Messenger, a political paper, at the latter place in 1861, but in 1865 abandoned all newspaper work for more active business pursuits, which he continued at Philadelphia and other points with varying success till he came to Athens, and assumed editorial and business control of the Journal. He took an active part for many years in all business and political questions, often occupying responsible positions in the counsels of his party, and at one time holding a military commission as aid to Governor Pollock, of Pennsylvania. He was of a social and genial disposition, with a host of friends, and best beloved by those who knew him best. As a journalist he was a pleasing writer, wielding a facile and often trenchant pen; clear, sparkling and direct in style; accurate in facts and convincing in deductions and argument. To all these - 17 - 258 - HISTORY OF HOCKING VALLEY. qualities he united a high sense of justice, great industry and fine business capacity. He amassed a handsome fortune, but financial losses came to him with railway and other investments. During the days of his greatest prosperity his friends shared in all his good fortune. In the season of adversity he bore with philosophical equanimity his reverses, and took up anew all the labors of life, with a serene determination to extract the largest measure of comfort for self and family from his surroundings; and with temper unsoured and disposition as genial and sunshiny as ever, he worked on till death, with no unkind hand, without lingering or great conscious suffering, and in the midst of his activity and labors, called him to rest. The Journal has been continued by his daughter, Jennie Jones, who undertook to carry out all the plans of her father. She was born at Brownsville, Pa., and was educated at Philadelphia, graduating from the High School there in the spring of 1872. When her father began his connection with the Journal, she went into the otfice as his bookkeeper and took charge of the mailing department, holding that connection until his death, when she became the sole editor and publisher, and has so continued to the present time. CHAPTER XII. OHIO UNIVERSITY—ITS INCEPTION, RISE AND PROGRESS. THE WISDOM OF ITS CONCEPTION-THE UNIVERSITY AND DR. CUTLER-ACTS OF 1802 AND 1804-GIVEN IN FULL--STEPS TAKEN FOR ORGANIZATION-THE ACT TO INCREASE RENTS-BEGINNING ACTIVE WORK-THE FIRST GRADUATE-PRESSING FORWARD-LITERARY SOCIETIES-BEAUTIFUL LOCATION-THE COLLEGE BUILDINGS-BIOGRAPHICAL SKETCHES-PRESIDENTS OF THE FACULTY-PROFESSORS -PRECEPTORS AND PRINCIPALS-TRUSTEES. -THE OFFICIALS. THE WISDOM OF ITS CONCEPTION. Almost simultaneously with the final erection of this new Empire of America, provision was made by the governing power of the nation for the establishment of an institution of learning in the great West, the exact location to be fixed at a future time. Too high a tribute to the far-reaching wisdom of those men who conceived and worked out the destiny of this project can hardly be paid. It was an idea worthy of the conjecture of an old and established country; but these men were only members of a then feeble nation, of unknown resources and an uncertain future, just recovering from a terrible conflict for life. This move to plant a seat of learning far in the West, beyond the bounds of civilization, that should in time rival the English universities of Cambridge and Oxford, indicated a prophetic faith in the development of the new country almost unprecedented. Now, civilization has reached and gone far beyond the spot chosen, and if the University has failed to come up to the cherished hopes of its founders, that it should deserve and retain the homage of all the Western country as its pride and shining light, and be its mother of intelligence and learning, it is not the fault of those who gave it life, for they did well their part and there all the honor lies. If the Rev. Manasseh Cutler and General 'Rufus Putnam could now come and review the blunders of some of those in whose hands they had placed the care of their ward, and see the careless disregard shown to the Univer- - (259) - 260 - HISTORY OF HOCKING VALLEY. sity by many who have grown up within her very shadow, they would surely say, " There's something grimly wrong in this." But if this institution has failed to fulfill early anticipation, its career has by no means been void of usefulness. Its location on the site of Athens presented attractions greater than those of any other portion, of all the Northwest Territory. For healthfulness and beauty of situation, for the lay of its ground and its commanding scenery, it can hardly be surpassed. The Hocking Valley, beside the compliment to its beauty by securing the location of the university, is better for its possession and especially Athens, the child of the college, which, like a natural child, has grown up from earliest infancy beneath her brow. THE UNIVERSITY AND DR. CUTLER. One of the first great steps taken by the revolutionary heroes after the close of the war, was to make arrangements for settling the country north of the Ohio River, called the Ohio country. In the growth and adoption of the plan for such a settlement, which culminated in the ordinance of 1787, the idea of providing for a university was always present. This ordinance was passed in July, 1787, while the Constitutional Convention was in session at Philadelphia, thus preceding the first permanent encroachment of civilization upon the vast wilderness west of the Alleghanies by ten years. It was, in fact, intended as an integral part of the foundation then laid for the political and social fabric which has since been reared in the Northwest. In authorizing the Board of Treasury to contract this sale of lands to the Ohio Company, Congress agreed that two complete townships should be given perpetually to the uses of a university, to be laid off by the purchasers as near as possible to the center of the purchase, but that it should be good land and applied to the intended object by the Legislature of the State. This was the first university ever thus endowed by Congress with land for its support, but the policy then begun was continued and now Indiana, Illinois, Michigan, Alabama, Missouri,. Mississippi and other States have similarly endowed universities. This great principle which has done so much toward shaping the intellectual teatures of our country may be said to have resulted from the propriety of such a measure as impressed upon Congress. by Dr. Manasseh Cutler in securing the endowment for the Ohio University. To this man, Dr. Cutler, perhaps more than to any HISTORY OF HOCKING VALLEY - 261 other, is due the founding of this pioneer institution. He was a member of the Ohio Company, and being a man of culture and ability, was able to appreciate the value of higher education as a source of individual happiness, its value as an element of political liberty, and doubtless was the first to conceive and set forth the idea of establishing the University. At the first organization of the company he had urged the advantage of employing a competent instructor for the proposed settlement, and was himself authorized to secure a proper person. He afterward conceived the idea of the University and impressed it so strongly upon the members of Congress as to secure the above result. He urged that the location of the college lands should be as nearly as practicable in the center of the first million and a half of acres that the company should pay for; for, he said, to fix it in the center of the proposed purchase might too long defer the establishment. Dr. Cutler found a ready supporter of his plans and a valuable helper in another member of the Ohio Company, General Rufus Putnam. He, in charge of the first colony, came to Ohio, helped to view the country, located the college lands and the site of the college, and was an interested and efficient worker for the University scheme to the end of his life. The college townships were not located and surveyed till 1795, when townships 8 and 9 in the 14th range were selected. These are the townships of Athens and Alexander. For some years after that, the dense forests that covered the whole region were but slightly invaded by settlers, and it was not until the town of Athens had been laid out and " confirmed and established" by the Territorial Legislature, that any action was taken by that body toward carrying into effect the compact for the establishment of the University. On Dec. 18, 1799, the Territorial Legislature appointed Rufus Putnam, Benjamin Ives Gilman and Jonathan Stone " to lay off in the most suitable place within the townships, a town plat which should contain a square for the college; also, lots suitable for house lots and gardens for a president, professors, tutors, etc., bordering on or encircled by spacious .commons, and such a number of town lots adjoining the said commons and out-lots as they shall think will be for the advantage of the University." This work having been done, a resolution was adopted by the Legislature, Dec. 6, 1800, approving and accepting it. In that year, also, Dr. Cutler sent to General Putnam his draft of an incorporating act for the University. In a letter which accompanied the draft, he said: " As the Amer- 262 - HISTORY OF HOCKING VALLEY. ican Congress made the grant which is the foundation of the University, no name appeared to be more natural than American University. The sound is natural, easy and agreeable, and no name can be more respectable. There i a Columbian College and a Washington College, etc., already in the country, but no American College. I hope the name will not be altered." It is evident from this passage that the founders of the Univer sity entertained large expectations of its future. The same fact is no less manifest from Dr. Cutler's comments on the eighth section of his draft. Speaking of a limitation of the income by the Legislature, he said: "$40,000 and $50,000 can not be too high, as it must be applied to one of the most useful and important purposes to society and to Government. The sums sound large, but no one can say to what amount the income of the endowments of this University may arrive in time. The income of Oxford and Cambridge in England is much greater." ACTS OF 1802 AND 1804. The act referred to above was passed by the Territorial Legislature in 1802. It was an able instrument and largely copied in the act of 1804, but it does not appear that any effective action was ever taken under this law. It provided that the institution should be known as the " American Western University," and that the Hon. Rufus Putnam, Joseph Gilman, Return J. Meigs, Jr., Paul Fearing, Rev. Daniel Story, Griffin Greene, Robert Oliver, Ebenezer Sproat, Dudley Woodbridge and Isaac Pierce, together with the president, yet to be selected, should constitute a body politic by the name of "The President and Trustees of the American Western University." The next legislative act on this subject was a joint resolution passed by the first Legislature of the State, Jan. 27, 1804, which read as follows: " Resolved, That Samuel Carpenter, James Wells, and Henry Abrams be appointed commissioners to appraise the land included within the two college townships, in the county of Washington, at its real value in its original and unimproved state ; to divide and value said land into four different qualities or rates and make return of the quantity contained in each division, as near as may 1 be, and the value thereof to the next General Assembly on oath. And that the said commissioners also value the land in its HISTORY OF HOCKING VALLEY - 263 present situation, mentioning the number of houses and quantity of cleared land contained within the two townships. "Resolved, That the trustees appointed by the act entitled an act establishing a university in the town of Athens, be, and they are, hereby required to report to the next General Assembly of this State, what measures they have taken to carry the said act into operation." On the 18th of February, 1804, the Legislature passed another act establishing a university at Athens, which differed in some respects from the one of 1802. This is the fundamental act under which the institution was actually founded and remains to-day, the origin of the present University. The following is an exact copy of the law : Act of State Legislature establishing a University in the town of Athens. WHEREAS, Institutions for the liberal education of youth are essential to the progress of arts and sciences, important to morality, virtue and religion, friendly to 'the peace, order and prosperity of society, and honorable to the government that encourages and patronizes them: Therefore, SEC. 1. That there shall be a University instituted and established in the town of Athens, in the ninth township of the fourteenth range of townships, within the limits of the tract of land. purchased by the Ohio Company of Associates, by the name and style of the " Ohio University," for the instruction of youth in all the various branches of liberal arts and sciences, for the promotion of good education, virtue, religion and morality, and for conferring all the degrees and literary honors granted in similar institutions. SEC. 2. That there shall be and forever remain in the said University a body politic and corporate, by the name and style of "The President and Trustees of the Ohio University;" which body politic and corporate shall consist of the Governor of the State (for the time being), the president, and not more than fifteen nor less than ten trustees, to be appointed as hereinafter is provided. SEC. 3. That Elijah Backus, Rufus Putnam, Dudley Woodbridge, Benjamin Tappan, Bazaleel Wells, Nathaniel Massie, Daniel Symmes, Daniel Story, Samuel Carpenter, the Rev. James Kilbourn, Griffin Greene, Sr., and Joseph Darlington, Esquires, 264 - HISTORY OF HOCKING VALLEY. together with the Governor as aforesaid, and the president of the said University (for the le being); to be chosen as hereinafter directed, be, and the same are hereby created, a body politic and corporate, by the name of " The President and Trustees of the Ohio University;" and that they and their successors, and such others as shall be duly elected members of the said corporation, shall be and remain a body'politic and corporate in law, by that name forever. SEC. 4. That the said trustees shall have power and authority to elect a president, who shall preside in the University, and also to appoint a secretary, treasurer, professors, tutors, instructors, and all such officers and servants in the University as they shall deem necessary for the carrying into effect the designs of the institution, and shall have authority, from time to time, to determine and establish the name, numbers and duties of all the officers and servants to be employed in the University, except wherein provision is otherwise made by this act, and may empower the president or some other member of the corporation, to administer such oaths as they shall appoint and determine, for the well ordering and good government of the University: Provided nevertheless, That no corporation business shall be transacted at any meeting, unless seven of the trustees at least shall be present. SEC. 5. That the said corporation shall have power and authority, from time to time, to make and ordain reasonable rules, orders and by-laws for the government of the corporation, not incompatible with the constitution, laws and ordinances of the United States or this State, and the same to repeal as occasion may require, and also to determine the salaries, emoluments and tenures of their several officers. SEC. 6. That the said corporation shall have power and authority to suspend or remove the president or any member of the said corporation, who shall, by his misconduct, render himself unworthy of the office, station or place he sustains, or who, from age or other infirmity, is rendered incapable to perform the duties of his office ; and the said corporation shall have power and authority to suspend or remove from the University any professor, instructor or resident student, or servant, whenever the corporation shall deem it expedient for the interest and honor of the University. SEC. 7. That whenever the president or any member of the co poration shall be removed, by death, resignation or otherwise, during the recess of the Legislature, the corporation shall hold a meet- HISTORY OF HOCKING VALLEY - 265 ing (due notice of the design of which meeting shall be given to the several members) for the supplying such vacancy; and the person elected shall continue in office until the end of the next session of the Legislature, and no longer, by virtue of such appointment; and in order to choose a president or member of the corporation, there shall be, at least, two thirds of the whole number of said trustees present, and the said election shall be by ballot. SEC. 8. That when any member of the corporation shall be removed by death, resignation or otherwise, such vacancy shall be supplied at the next meeting of the Legislature of the State. SEC. 9. That the president and such professors, tutors and instructors as the corporation shall appoint for that purpose shall be styled, " The Faculty of the University," and shall have power and authority, from time to time, to ordain, regulate and establish the mode and course of education and instruction to be pursued in the University, and also to make, publish and execute such code of rules, regulations and by-laws as they shall deem necessary for the well ordering and good government of the University, and to repeal or amend any part thereof; which rules, regulations and bylaws shall continue in force until altered or disapproved of by the corporation; and it shall be the duty of the faculty to lay before the corporation, from time to time, accurate statements of all their proceedings; and the faculty shall direct and cause to be holden in. the said University, quarterly, in every year, a public examination, at which time the faculty shall attend, when each class of the students shall be examined relative to the proficiency they shall have made in the particular arts and sciences, or branches of education in which they shall have been instructed. SEC. 10. That the said corporation may have and keep one common sea], which they may change or renew at pleasure; and that all deeds or instruments of writing, signed and delivered by the treasurer, and sealed with the corporation seal, by order of the president and trustees, shall, when made in their corporate name, be considered in law as the deed and act of the corporation; and the said corporation shall be capable of suing and being sued, pleading and being impleaded, in any action, real, personal or mixed, and the same to prosecute and defend to final judgment and execution, by the name of "The President and Trustees of the Ohio University:" Provided, That when any suit shall be commenced against the said corporation, the process shall be by summons, and the service made by the officer leaving an attested copy 266 - HISTORY OF HOCKING VALLEY. of such process with the treasurer of the said corporation, at least twenty days before the return day of such process; and the said corporation shall be capable of having, holding and taking, in fee simple, or any less estate, by gift, grant, devise or otherwise, any lands or other estate, real or personal. SEC. 11. That the two townships numbered 8 and 9 in the 14th range of townships, within the grant of land made by Congress to the Ohio Company of Associates, be, and they are, hereby vested in the corporation, by this act created, in trust, for the sole use, benefit and support of the said University, forever. SEC. 12. That one or more of the aforesaid trustees (to be appointed by the board for this purpose), shall, within six months from the passage of this act, proceed (by the oath of three disinterested and judicious freeholders) to lay off the lands in said townships (those included in the town of Athens excepted), or such part thereof as they may deem expedient, into tracts not less than eighty nor more than 240 acres, and to estimate and value the same as in their original and unimproved state (for which service such compensation shall be allowed as the trustees shall think reasonable, to be paid out of the funds of the University) and having thus laid off and estimated said lands, the trustees, after giving four weeks' notice in the newspaper printed at Marietta, shall proceed to make out leases of the said tracts to such ot the present occupants as shall apply for the same, within three months after such notice given, and to all persons that shall apply hereafter, for the term of ninety years, renewable forever, on a yearly rent of six per centum on the amount of the valuation so made by the said freeholders; and the land so leased shall be subject to re-valuation at the expiration of thirty-five years, and to another re-valuation at the expiration of sixty years, from the commencement of the term of each lease; which re-valuation shall be conducted and made on the principles of the first, and the lessee shall pay a yearly rent of six per centum on the amount of the revaluation so to be made, and forever thereafter on a yearly rent equal to and not exceeding six per centum of the amount of a vain ation to be made as aforesaid, at the expiration of the term of ninety years aforesaid (which valuation the trustees and their successors are hereby authorized and directed to make). Provided, however, That such last-mentioned rent shall bb subject to the following regulations, to-wit: At the expiration of the afore- HISTORY OF HOCKING VALLEY - 267 said period of ninety years, three referees shall be appointed, the first by the corporation of the University , the second by the lessees, under the provisions of this section of this act, and the third by the two referees thus chosen (or in case either or both of the parties shall neglect to choose such referee or referees, or said referees shall neglect to choose an umpire, the General Assembly, at its next session, shall appoint such number of referees, not exceeding three, as the case may require), which referees shall meet within a reasonable time, to be agreed on between them, at the town of Athens, and then and there determine on and declare the medium price per bushel of the article of wheat; which determination shall be grounded on a calculation of the average price of said article at the town of Marietta, for the five preceding years; which declaration shall be made in writing, and entered of record on the books of the corporation; and at the commencement of each and every succeeding period of twenty years thereafter, the amount of rent for such period shall be fixed on and determined by referees, to be chosen upon the principles hereinbefore directed, from a comparison of the aforesaid recorded price of wheat with its average price at Marietta, for the five years which shall have been then last past; in which leases shall be reserved a right of distress and re-entry for non-payment of rent, at any time after it shall have been due two months: Provided, always, That the said corporation shall. have power to demand a further yearly rent on the said lands and tenements, not exceeding the amount of the tax imposed upon property of like description by the State, which rents shall be paid at such time and place, to such person, and collected in such a manner as the corporation shall direct. SEC. 13. That the trustees shall lay off the aforesaid town of Athens, conformably to a plan made out by Rufus Putnam and others, in pursuance of a resolution of the Territorial Legislature of the eighteenth December, one thousand seven hundred and ninety-nine, with such variations, however, as they may find it expedient to make; and the same being thus laid off and a plat of the same with a designation of the uses of the several parts recorded in the office of the recorder of the proper county, and six weeks' previous notice given, in at least two of the newspapers of this State, may proceed to sell, from time to time, at public auction, such of the houses and out-lots as they may think proper, for which lots, on payment being made or satisfactory security given, according to the conditions of such sale, 268 - HISTORY OF HOCKING VALLEY. they shall execute to the purchasers respectively, leases for the term of ninety years, renewable forever on an annual rent, equal to, and not exceeding, six per centum of the amount of the purchase money, which lots, with the improvements which may be made on the same, shall be subject to such further yearly rent as may be equal to the tax imposed, from time to time, on property of like value and description, by the State ; and they are likewise authorized to deliver a reasonable compensation for the improvements which have been made on lands within the town of Athens, to be paid out of the funds of the University. SEC. 14. That the clear annual rents, issues and profits, of all the estate, real and personal, of which the said corporation shall be seized or possessed, in their corporate capacity, shall be appropriated to the endowments of the said University, in such manner as shall most effectually promote the end of the institution: Provided nevertheless, That any donation which shall hereafter be made and received for particular purposes, relative to the design of this institution, shall be applied in conformity to the intention of the donor or donors. SEC. 15. That the treasurer of the said corporation shall, before he enters upon the duties of his office, give bonds to the said corporation, in such sum and with such sureties as they shall approve, conditioned for the faithful discharge of the duties of the said office, and for the rendering a just and true account of his doings therein, when required; and also, for the delivering over to his successor in office all moneys, securities and other property that shall belong to the president and trustees of the said University, together with all the books and papers in which his proceedings, as treasurer, shall be entered and kept, that shall be in his hands at the expiration of his office; and all money that shall be recovered by virtue of any suit at law upon such bond shall be paid over to the president and trustees aforesaid, and be subject to the appropriations above directed in this act. SEC. 16. That the said corporation shall have full power, from time to time, to contract for, and cause to be erected, such building or buildings as they shall deem necessary for the accommodation of the president, professors, tutors, pupils, and servants of said University; as also, to procure the necessary books and apparatus, for the use of said University, and shall cause payment therefor to be made out of the funds of the University, and shall reserve such lot or lots in said town of Athens as they may deem necessary for HISTORY OF HOCKING VALLEY - 269 the purposes aforesaid, and for the erection of buildings for the useof the town and county. SEC. 17. That the lands in the two townships, appropriated and vested as aforesaid, with the buildings which are or may be erected thereon, shall forever be exempted from all State taxes. SEC. 18. That until a president of the said University shall be elected, and shall have entered upon the duties of his office, and also, in all cases of a vacancy or the absence of the president, the said trustees shall appoint one of their members to preside in their meeting, and all the doings and acts of the trustees, while acting under such circumstances, shall be considered in law as the doings and acts of the corporation, as fully and completely as when the president of the University shall be in office and preside. SEC. 19. That it shall be the duty of the Governor to fix the time for holding the first meeting of the said corporation, which shall be in the town of Athens, of which he shall give notice in writing, to each member, at least twenty days previous to such meeting, and all subsequent meetings of the said corporation shall be in the said town of Athens. SEC. 20. That all acts and parts of acts, containing anything within the purview of this act, shall b3 and they are hereby repealed. STEPS TAKEN TOWARD AN ORGANIZATION. From the records of the first meeting of trustees the following is taken: "At a meeting of the trustees of the Ohio University, convened at the house of Dr. Eliphaz Perkins, in the town of Athens, on the first Monday of June, 1804, the day ordered by His Excellency Edward Tiffin, Esq., Governor of the State of Ohio, for the first meeting. The following trustees present, viz.: His Excellency Edward Tiffin, Elijah Backus, Rufus Putnam, Dudley Woodbridge, Daniel Story, Samuel Carpenter and James Kilbourne." The board elected Governor Tiffin, President, Dudley Woodbridge, Secretary, Eliphaz Perkins, Treasurer, and adjourned till next day, June 5. This first session of the board lasted three days, and was principally spent in arranging for the appraisal and leasing of the college lands. Rufus Putnam and Samuel Carpenter were appointed to lay off and appraise such lands in the two townships as were claimed and occupied. Since the surveying of these townships in 1795, numbers of new settlers had come in and occupied the lands. Some of these were rough and determined 270 - HISTORY OF HOCKING VALLEY. characters, and were bent on maintaining possession. To adjust these cases, settle disputed titles, etc., required patience, tact, and wisdom. The persons had either to be mollified and induced to come to terms, or be ejected from the lands. The first business of the board was to adjust the claims of conflicting persons, secure titles and protect the corporation in its rights. These matters, together with the surveying and laying out of lots, classifying lands, etc., employed the trustees during this session. It is worthy of remark that the meeting of these men, under the circumstances, afforded a high proof of their character—of their appreciation of the value of education, and their honest devotion to the welfare of the new country. They had traveled fifty, seventy-five or a hundred miles by blind paths or Indian trails through the dense and wild forest to this embryo village, for the purpose of establishing an institution of learning. By the following November the sale of house and out-lots of the town of Athens amounted to $2,223.50; average of house-lots, $43.331-2; of out-lots, $39. In the south township (Alexander), seventy-five tracts, or 11,000 acres, were applied for. In the north township (Athens), seventy-five applications for leases, covering 8,760 acres, had been made. Notwithstanding this favorable outset toward a disposition of the college lands the State Legislature at their following session passed an amendatory law which was probably designed to hasten the disposition of the lands. However this law may have fulfilled its intended design, it has certainly been the means of much con. cern to the future welfare of the University. The following is a copy of the act: An act to amend an act, entitled " An act establishing a Uni- versity in the town of Athens." SECTION 1. That James Denny, Emanuel Carpenter, Jr., Is Dawson, Pelatiah White and Ezekiel Denning, residents of thi State, are :appointed appraisers of the two college townships numbered 8 and 9, in the 14th range of townships withi the grant of land made to the Ohio Company of Associates, an the said appraisers, or any three of them, on oath or affirmation are hereby required to appraise the townships aforesaid; withi nine months, at the present real value as in its original and uneul tivated state, and make report thereof to the Board of Trustees o the said University; and the said trustees shall lease the same HISTORY OF HOCKING VALLEY - 271 any persons who have or may apply, agreeable to law, for the term of ninety-nine years, renewable forever, with a fixed annual rent of six per centum on the appraised valuation: Provided, That no lands shall be leased at a less valuation than at the rate of one dollar and seventy-five cents per acre. SEC. 2. That the commissioners aforesaid shall meet on the first day of April next, at the town of Athens, who shall then proceed to discharge the duties imposed on them by this act, and the act to which this act is an amendment, and the same to have performed within the time mentioned in this act. SEC. 3. That the trustees of the corporation of the said University lands are hereby authorized and empowered to remove, by due course of law, all persons living on said lands, in case such persons refuse or neglect to take leases within six months after the valuation of the lands aforesaid. SEC. 4. That the secretary of this State shall cause notice to be given as soon as convenience will permit, to each of the commissioners aforesaid, of their appointment under this act, and the commissioners respectively, on receiving the notice aforesaid, shall within a reasonable time thereafter, forward to the Governor of this State their determination to accept, or not to accept, the appointment under this act made. SEC. 5. That so much of the aforesaid act, passed the eighteenth day of February, one thousand eight hundred and four, as is contrary to this act, be, and the same is, hereby repealed. This act shall be in force from and after the passage thereof. Passed Feb. 21, 1805. It will be seen that this law conflicts, to a certain extent, with the original act, and partially repeals the founding act of 1804, but the extent of the real confliction is the question which has given rise to extensive and important litigations between the lessees of the college lands and the authorities of the University. Prior to 1875 the authorities of the University had made no attempt to put into force that part of section 12 of the act of 1804, reading, " Provided, always, That the said corporation [meaning the president and trustees of the University] shall have power to demand a further yearly rent on the said lands and tenements, not exceeding the amount of the tax imposed upon property of like description by the State," etc. Although numerous laws had been passed from time to time touching indirectly upon this subject, the next move directly, and that which was the immediate cause of the litigations referred to, was the passage of the following act in 1875: 272 - HISTORY OF HOCKING VALLEY. An act to require trustees of 'institutions of learning to collect certain rents. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of any institution of learning, holding leasehold lands and having authority, under the laws of the State, to demand a yearly rent on such lands, and the tenements erected thereon, not exceeding the amount of the tax imposed on 'property of like description by the State, said rent being in addition to a yearly rent at six per centum on the appraised valuation of said lands and tenements, are hereby required to demand and collect said rents for the support of said institution. SEC. 2. This act shall take effect from and after the first day of July, eighteen hundred and seventy-five. March 30, 1875. This was followed by a resolution of the trustees of the University in June, 1876, instructing the treasurer to collect additional rents in accordance with the above act, the date of such additional rents to begin on the first day of July, 1875. The lease-holders, believing that that part of the law of 1804, to which the act of 1875 might in this case apply, had been repealed by the act of 1805, refused to comply with the demand for the additional rent and at once entered suit against the president and trustees of the University. The case has passed through the Court of Common Pleas and the Supreme Court of Ohio, in both of which decision was given in favor of the University, and is now awaiting decision in the Supreme Court of the United States. During the fourteen years following 1805, nearly as many laws were passed by the State Legislature relative to the University, many of them amendments to former acts, and a number of them on the subject of land rents. One passed in 1809 provided that the renters might pay in produce ; and one in 1826 authorized the trustees of the University to dispose of certain lands by conveyance in fee simple. BEGINNING ACTIVE WORK. But to return more directly to the early work of the commissioners. The year 1806 was consumed in settling titles, appraising the lands, and accumulating a small fund with which to begin the actual educational work. The second meeting of the Board of Trustees was called for Nov. 20, 1805, but no quorum was present and they adjourned. The third meeting was held April 2, 1806, when HISTORY OF HOCKING VALLEY - 273 the committee for selling town lots reported, and other business was transacted relative to titles and leases. At this session it was "Resolved, That Jacob Lindley, Rufus Putnam and William Skinner be a committee to contract with some person or persons for building a house in the town of Athens for the purpose of an academy, on the credit of the rents that will hereatter become due." At the meeting of the trustees Dec. 25, 1806, pursuant to the above resolution, a plan for a building was reported and the committee was empowered to contract for a building. This was the old academy which stood east of the present buildings, partly outside of the present enclosure. It was a two-story brick building, twenty-four teet by thirty, containing one room on each floor. For ten years this was the only building of the University. After the college classes were organized, the lower room was occupied by the preparatory department, while the upper one accommodated the higher classes. After the completion of the building, at a meeting held March 2, 1808, Rev. Jacob Lindley, Eliphaz Perkins and Rufus Putnam were appointed a committee to report a plan for opening and conducting the academy and providing for a preceptor, which they did at the same meeting. A few days later Mr. Lindley was chosen Preceptor and entered on his duties in the spring of 1808. Thus, in a scantily inhabited wilderness, the University began its active career which has now extended over three quarters of a century. The attendance at first was necessarily small and the curriculum incomplete, but then, as since, the institution was characterized by proficiency of its instruction and the thoroughness of work done by students. For the first few years Dr. Lindley was the only instructor, he alone constituting the Faculty of the Ohio. University. In 1812 Mr. Artemus Sawyer, a graduate of Harvard University and an excellent scholar, was appointed assistant in structor. Prior to this time it had not assumed pretensions beyond those of a grammar school; but the instructor had done good work and the school was now well qualified to adopt a more thorough course of study. In the year 1815 THE FIRST GRADUATE received from the University the degree of Bachelor of Arts. The man who had not only this honor of being the first to go forth with the blessings of the Ohio University, but the first to receive a collegiate degree in the State of Ohio, was the Hon. Thomas Ew- - 18 - 274 - HISTORY OF HOCKING VALLEY. ing, Sr., whose after career is well known throughout this country. He had entered the institution three years previously and pursued his studies with great energy, spending his later vacations in surveying and helping to lay out county roads to raise money for his college expenses. In 1815 the success of the University was thought to be so far assured, and the necessity for increased facilities was so apparent, that the trustees resolved to erect a new college building. June 4, 1816, a committee, consisting of Jacob Lindley, Eliphaz Perkins, and J. Lawrence Lewis, appointed in September previous, reported to the board that, after due advertisement and consultation with an architect, they had contracted with William T. Dean for 370,000 bricks at $4.50 a thousand; with Christopher and Daniel Herrold for 27,964 feet of lumber, to be delivered and piled up during the summer, at $1.12 per hundred feet; with Messrs. Bingham & White for stone; with Pilcher & Francis for laying the foundation of the rough stone, and making the window and door sills; and with Wm. and James Wier for digging the cellar—which last was already completed. The corner-stone of the building, now known as the center college, was laid in the summer of that year. The work was pushed forward as rapidly as the condition of the treasury would permit, and the building was completed in 1817. In order to raise funds for this expense, the trustees had, in June, 1814, petitioned the State Legislature to grant a lottery, the proceeds of which was to be given to the college. The Legislature granted the request, and prescribed the method, but for some reason the scheme was never carried out. In 1819 Mr. Sawyer having some time before ceased his connection with the institution, Professor Joseph Dana, a man of rare scholarly attainments, was secured as a teacher of languages. He was especially fitted for this chair by his knowledge of the classics, and remained in connection with the University a number of years. PRESSING FORWARD. The pecuniary embarrassments of the University were so far overcome by 1822, that its complete organization was effected in that year, and the faculty was constituted as follows: Rev. James Irvine, President and Professor of Mathematics; Joseph Dana, Professor of Languages; Rev. Jacob Lindley, Professor of Rhetoric and Moral Philosophy; Rev. Samuel D. Hoge, Professor of Natural Sciences, and Henry D. Ward, Academical Preceptor.