250 - HISTORY OF OHIO and finally joined the expedition of Wayne. Before doing so, however, he stated his intentions to his father-in-law, Little Turtle. As they parted in sadness, Wells is reported to have said : "Father, when the sun reaches the noon mark I shall leave you and go to my people. We have always been friends and always will be friends. Upon the field of battle we may meet again. Let the result be what it may, the purity of the motives prompting us and our common love for the wronged Indians must be our warrant ; and we may well trust the Great Spirit for results that will vindicate our action this day."27 Both desired a peaceful settlement between the Northwestern Indians and the Americans, and the two on opposite sides consistently used their influences to bring this about. They failed, and the battle of Fallen Timbers in which they bore a part on opposite sides was the result. When peace was restored their old-time relations were resumed. Little Turtle died in 1812 at the home of Wells, and in the same year Wells was killed at the massacre of Fort Dearborn. Graphic accounts of his last moments have frequently appeared in print. On the retreat from Fort Dearborn (Chicago) the Indians attacked the garrison and the party which Wells had brought to relieve the post. In this engagement he felt that he was doomed to die. To indicate this he blackened his face, and the band played the dead march. After he had killed a number of the attacking savages he fell mortally wounded. His last message through his niece, Mrs. Held, who was at his side, is said to have been : "Tell my wife, if you live to get there—but I think it doubtful if a single one gets there—tell her I died at my post, doing the best I could. There are seven red devils over there that I have killed."28 Shortly afterward he breathed his last. CHRISTOPHER MILLER John McDonald in his "Biographical Sketches" published in 1838 gives an interesting account of two brothers, Henry and Christopher Miller, who when quite young were captured by the Indians in their Kentucky home and adopted into the tribe of Shawnees. They lived with the Indians until Henry Miller was about twenty-four years old. He thought of returning to his relatives among the whites, and talked of it to his brother Christopher. The latter did not favor the project. He was a "good hunter, an expert woodsman, and in the full sense of the word a free and independent Indian." Henry finally left the Indians and, after a long and tiresome journey with attendant dangers, reached his home in Kentucky. Captain Wells, who had been well acquainted with Miller in his captivity, now added him to his small party of rangers in the service of General Wayne. In June, 1794, the party were ordered to bring in an Indian prisoner in order that Wayne might have desired information in regard to the enemy. The scouting party advanced some distance into the Indian country without an opportunity to take a prisoner. They finally located a party of three Indians on the banks of the Auglaize River. They cautiously advanced until they were close to the Indian camp. They were preparing a meal, little thinking of the approach of danger. The spies determined to kill two of the Indians and make the third a prisoner. They took deliberate aim and the two Indians fell at the first shot. Robert McLelland and Henry Miller were soon in swift pursuit of the remaining Indian. Down the river. they ran, McLelland gaining on the fleet-footed painted warrior. The latter, seeing that he would soon be overtaken, turned to the river and leaped down the precipitous bank, a distance of twenty feet or more, and alighted in shallow water with a muddy bottom. McLelland 27 - Griswold, "The Pictorial History of Fort Wayne, Indiana," p. 127. See also Roosevelt, "The Winning of the West." 28 - Griswold, "The Pictorial History of Fort Wayne, Indiana," pp. 193-194. AS PART OF THE NORTHWEST TERRITORY - 251 leaped after him, and they were soon struggling in the water and mire from which they could not extricate themselves. The warrior drew his knife ; McLelland raised his tomahawk and told him to drop the knife, which he did. Captain Wells and the other members of his band, seeing that the two were held in the mud, approached them from a lower point in the river bank and soon had the warrior securely bound. A little later some of the party washed the mud and paint from the bespattered captive, when to their surprise they found that he was a white man. He was sullen and uncommunicative. The party were soon mounted on their horses, which they had left at a safe distance from the scene of action, and were riding rapidly in the direction of the camp at Fort Greenville. As they continued their journey, Henry Miller rode by the side of the captive and thought he saw a resemblance to his brother whom he had left with the Indians some years before. He called the captive by his brother's Indian name, when the latter started in surprise. It was indeed his brother Christopher, who, like himself, had years before been captured and adopted by the Shawnees. Christopher was finally persuaded to abandon his wild Indian life, to return to his relatives and remain with his own race. He was restored to liberty by General Wayne, and became a faithful scout under Captain Wells. He acted as interpreter for the Shawnees at the treaty of Greenville. 29 FIGHT WITH THE INDIANS AT "FORTY-FOOT PITCH" The first issue of the Centinel of the Northwestern Territory, bearing date of November 9, 1793, carries as its most important item of local news an account of an engagement between a detachment of troops under Lieut. John Lowry and Indians about seven miles north of Fort St. Clair on October 17, 1793. This news item, which is a paraphrase of the official report of General Wayne, reads in part as follows : "Many reports having been circulated with respect to the attack made by the savages upon a convoy of provisions, some little time ago, between Fort St. Clair and Fort Jefferson, the following is an authentic account of the affair. "Lieutenant Lowry, of the Second, and Ensign Boyd, of the First Sub-Legions, with a command consisting of about ninety non-commissioned officers and privates, having under their convoy twenty wagons loaded with grain and commissary stores, were attacked between daylight and sunrise, seven miles advanced of Fort St. Clair, on the morning of the 17th ult. These two gallant young gentlemen, with thirteen non-commissioned officers and privates, bravely fell in action. * * * The Indians killed or carried off about seventy horses. * * *" In addition to the two officers, Lieut. John Lowry and Ensign Samuel Boyd, the following non-commissioned officers and privates were lost in action : Sergeant William Murray, Sergeant Ezekiel Morrill, Corporal Silas Burret ; Privates Nicholas Brooks, Elisha Barrows, Calvin Brown, John Connor, Henry Derris, Enos Hall, Lewis May, John Phillips, Joshua Risley, Thaxter York. Murray, Derris, May, Phillips and York are designated as "missing." The place at which this engagement was fought is near what is called "Forty-Foot Pitch." There is some question as to its exact location. The remains of the men who fell in action were buried near Fort St. Clair, but afterward removed to the cemetery at Eaton, where a monument has been erected to their memory. 29 - John McDonald, "Biographical Sketches," pp. 184-188. See also Roosevelt, "The Winning of the West." 252 - HISTORY OF OHIO THE DEATH OF COL. ROBERT ELLIOTT The dates of the death of Robert Elliott are usually not definitely given. We frequently find the statement that this occurred in the year 1794. A local historian of Butler County makes the statement that it was in he spring of 1794. The date is actually established, however, by Gen. Anthony Wayne in his letter to the secretary of war, dated October 17, 1794. 30 In this letter General Wayne specifically fixes the date of Elliott's death at October 6, 1794. The circumstances of his death are substantially as follows : He was on his way to Fort Hamilton with his servant when they were fired upon by savages at Big Hill, near the southern boundary of Butler County. Elliott was killed. He was somewhat advanced in years and wore a wig. After he had fallen and his servant escaped, an Indian proceeded to take his scalp. He was astonished to find the wig in his hand without the use of the knife. As he held it he said to another Indian, "Dam lie." The body of Elliott was left where it fell. The day following his death a party accompanied the servant to the scene of the tragedy, placed the body in a coffin and started to Hamilton. The party was attacked by Indians and Elliott's servant was killed. The other members of the party fled. They afterward returned, however, retook the body and proceeded on their journey. Robert Elliott and his servant were buried side by side in the Presbyterian Cemetery at Cincinnati. A monument was erected to his memory by his son, Commander J. D. Elliott, of the United States Navy, in 1835. In the Centinel of the Northwestern Territory, the first newspaper published in the Northwest Territory, some unnamed friend has written a lengthy poetic tribute to Robert Elliott. A number of stanzas have been reprinted in Vol. 13 of the "Ohio Archaeological and Historical Society Publications," pages 341-342. One of these reads as follows : The ambushed savage, stained with sacred blood, And taught to murder by his ruthless sire ; With fell deceit beneath the shadowy wood, Emblazed his path with death enkindled fire. CORRESPONDENCE OF GENERAL WAYNE AND MAJOR CAMPBELL The Indians, in their flight from the battlefield of Fallen Timbers, were not permitted to find refuge in Fort Miami. The gates of the stockade were closed against them. This was disappointing, as they had expected, in case of defeat, protection under the British guns. After caring for the wounded and burying the dead, Wayne continued to destroy grain fields and burn the rude huts of the Indians almost to the walls of the British fort. Maj. William Campbell, the British officer in command at Fort Miami, resented this action, and on August 21, 1794, the day following the battle, addressed Wayne as follows : "An army of the United States of America, said to be under your command, having taken post on the banks of the Miami for upwards of the last twenty-four hours, almost within the reach of the guns of this fort, being a post belonging to his Majesty the King of Great Britain, occupied by his Majesty's troops, and which I have the honor to command, it becomes my duty to inform myself as speedily as possible, in what light I am to view your making such near approaches to this garrison. "I have no hesitation, on my part, to say that I know of no war existing between Great Britain and America." 31 30 - American State Papers, v. iv; Indian Affairs, v. i, p. 525. 31 - The full correspondence between Wayne and Campbell is found in "American State Papers," v. iv; Indian Affairs, v. i, pp. 493-494. AS PART OF THE NORTHWEST TERRITORY - 253 To this letter General Wayne replied on the same day : "I have received your letter of this date, requiring from me the motives which have moved the army under my command to the position they at present occupy, far within the acknowledged jurisdiction of the United States of America. "Without questioning the authority or the propriety, sir, of your interrogatory, I think I may, without breach of decorum, observe to you that, were you entitled to an answer, the most full and satisfactory one was announced to you from the muzzles of my small arms yesterday morning in the action against the horde of savages in the vicinity of your post, which terminated gloriously to the American arms ; but, had it continued until the Indians were driven under the influence of the post and guns you mention, they would not have much impeded the progress of the victorious army under my command, as no such post was established at the commencement of the present war between the Indians and the United States." This letter called forth a rejoinder from Major Campbell the day following, August 22 : "Although your letter of yesterday's date fully authorizes me to any act of hostility against the army of the United States of America in this neighborhood, under your command, yet, still anxious to prevent that dreadful decision, which, perhaps, is not intended to be appealed to by either of our countries, I ,have forborne for those two days past to resent those insults you have offered to the British flag flying at this fort, by approaching it within pistol shot of my works, not only singly but in numbers, with arms in their hands. "Neither is it my wish to wage war with individuals, but, should you, after this, continue to approach my post in the threatening manner you are at this moment doing, my indispensable duty to my king and country, and the honor of my profession, will oblige me to have recourse to those measures which thousands of either nation may hereaf ter have cause to regret, and which, I solemnly appeal to God, I have used my utmost endeavors to arrest." General Wayne paid little attention to this letter except to answer it promptly. He continued to send his men to gain information in regard to the fort and to approach it at times within pistol shot. It was found to be a defensive work of considerable importance surrounded by a wide and deep ditch with pickets projecting from the parapet and eight pieces of artillery. The entire work was surrounded by an abatis and manned with a strong garrison. In his reply to Campbell, General Wayne cordially approved the statement that he knew of "no war existing between Great Britain and America." He judged the establishment of a British post within the territory transferred to the United States by the treaty with Great Britain as "an act of the highest aggression and destructive to the peace and interest of the Union." He concluded with a demand that the British officer should "immediately desist from any further act of hostility or aggression" and that he "withdraw the troops, artillery and stores," under his command to some post in British territory. To this letter Campbell replied in the spirit of his former communications, declaring that he would not abandon the post, and warning Wayne "not to approach within the reach of my cannon, without expecting the consequences attending it." In answer to this final threat, Wayne "destroyed everything within view of the fort, even under the muzzles of the guns" and the note attached to the correspondence that was forwarded to the war department concluded with the significant comment, "had Major Campbell carried his threats into execution, it is more than probable that he would have experienced a storm." Wayne had in his possession full authority from the President of the United States to attack the British fort if it became necessary to 254 - HISTORY OF OHIO accomplish the purposes of the campaign. The forbearance, possibly the fear, of the British commander of Fort Miami probably postponed the outbreak of the second war between Great Britain and the United States almost eighteen years. Wayne next returned with his army to Fort Defiance. Later he ascended the Maumee to the junction of the St. Mary and the St. Joseph, where was erected the fort which Washington had long considered necessary to the protection of American interests in the Northwest. This was named by General Posey, Fort Wayne; in honor of the commander of the Legion. On the morning of October 22, 1794, the command of Fort Wayne was transf erred to Lieutenant-Colonel Hamtramck of the First Sub-Legion. Wayne's army at once began preparation for the return march southward, which began October 27. The army proceeded by easy stages and reached Fort Greenville, November 2, where their arrival was announced "with twenty-four rounds from a six-pounder." Here they went into winter quarters. CHAPTER V TREATY OF GREENVILLE The battle of Fallen Timbers was won. A fort had been erected at the confluence of the St. Mary's and St. Joseph's rivers and christened in honor of the leader of the Legion. But the great object of Wayne's campaign had not yet been attained. Peace had not been declared and confirmed by solemn treaty signed by the representatives of the hostile Indians and the Government of the United States. The position of Wayne after his great victory was far from secure. The enlistments of his men were expiring. Many of them were eager to return. to their homes. To them the war seemed to be over and camp duties grew monotonous and irksome. Some were ill in hospitals. The Indians, it is true, were defeated and demoralized ; but their actual loss in battle had been comparatively small. They still had the moral support and encouragement of the British, whose antipathies for the Americans survived the Revolution. The letters of Wayne, following the battle of Fallen Timbers, show clearly that he appreciated the dangers that still threatened the Legion. He thought it possible that the Indians might rally and try again the fortunes of war before the rigors of the northwestern winter set in. His apprehension forearmed him against untoward contingencies. His decisive victory did not lull him into a state of indifference or overweening confidence in his own superiority. His activities, if possible, were more pronounced than ever before. After the battle the Indians were divided in opinion. Some of them—particularly the Shawnees—wished to continue the war. In this position they were encouraged, especially by the agents of the British Government, as they had been before the battle of Fallen Timbers. Prominent among these agents were Lord Dorchester, Governor General of Canada, who had announced that he would not be surprised "if we [the British] would be at war with them [the Americans] in the course of the present year" ; General John Graves Simcoe, Governor of . Canada, who was active in secretly stimulating Indian hostility to the Americans ; Col. Alexander McKee, the notorious Tory, who had joined the British in the Revolution and as Indian agent at Fort Miami had, in the recent wars, added to the record of his treacherous and inveterate hostility to the Americans ; and Joseph Brant, the wily Iroquois chieftain who deceived the Americans with fair promises while he secretly favored the. British in the years following the Revolution. Among the lesser and more savage associates and instruments of these agents of the British government, was the renegade, Simon Girty, who surpassed even the savages in deeds of violence and torture. These representatives of Great Britain, especially Simcoe, Brant and McKee used their persuasive powers to influence the Indians to continue the war against the Americans. Many of the tribes, however, were inclined to sue for peace. They gradually came to understand the resources of the United States in arms and men. Already three armies had been sent against them. They began to realize that reinforcements would be continually available and they felt that it would be useless to prolong the war. British promises were less alluring after the experience of August 20, 1794. While McKee had liberally furnished them with arms and supplies, when it came to actual fighting the British garrison at Fort - 255 - 256 - HISTORY OF OHIO Miami did not raise a hand or fire a shot in their support and the gates of that defensive work were closed against them. What would have been done had the British reinforcements from Detroit reached Fort Miami before the battle must remain a matter of conjecture. The British officers were evidently expecting a clash of arms with the Americans. But reinforcements did not arrive and the "Second War with Great Britain" was postponed for seventeen years. In the meantime, shortly after the battle of Fallen Timbers, envoys from the hostile tribes began to arrive at the camp of the Americans. Even before the Legion left Fort Wayne, prominent Indian chiefs had agreed to visit the general in the interest of a treaty of peace, but were dissuaded from doing so in order that they might attend a conference with Simcoe, Brant and McKee at Fort Miami. Later the Indian leaders visited Wayne at Greenville. As early as September 17, 1794, friendly overtures were heard from a Wyandot chief at Sandusky. These were soon afterward followed by others from the same source and gradually from tribes located in different parts of the Northwest. The death of Col. Robert Elliott, October 6, seriously impeded the forwarding of supplies for a time. This, however, was the only serious hostile demonstration that followed the great battle, although the war had not yet been brought to a close by a treaty of peace. The spring of 1795 brought additional indications of pacific intention on the part of the Indians. On the sixteenth of June a considerable number of representatives of the tribes having arrived at Greenville, Wayne called them together for the first time in general counsel, thanked "the Great Spirit for this glorious sun," "kindled the counsel fire of the United States," presented "each tribe present a string of white wampum to serve as a record of the friendship this day commenced between us," and concluded as follows : "The heavens are bright—the roads are open—we will rest in peace and love and wait the arrival of our brothers. In the meantime we will have a little refreshment to wash the dust from our throats. We will on this happy occasion be merry, but without passing the bounds of temperance and sobriety. We will not cover up the council fire and keep it alive till the remainder of the different tribes assemble and form a full meeting and representation." In answer to Wayne's speech, Te-ta-bosh-ke, king of the Delawares, said : "Our meeting this day affords me infinite pleasure. I thank the Great Spirit and I thank you for bestowing upon us so great happiness. All my people shall be informed of the commencement of our friendship and they will rejoice in it, and I hope it will never end." Numbers were added to the council from time to time and it grew in interest and impressiveness. General Wayne had assured the representatives that they would be liberally supplied with provisions while in attendance. On one occasion, at the request of the chiefs, the council was assembled in order that they might petition the General for a larger supply. One of their spokesmen wished "a glass of wine and some mutton and pork occasionally" ; another a larger allowance of food. The General diplomatically satisfied the chiefs, as far as possible granted their requests and concluded with the words, "At present we will have a glass of wine together. I wish to see you all happy and contented." On July 3 General Wayne explained that the following day, July 4, would be celebrated as "the anniversary day which gave peace, happiness and independence to America." "Tomorrow," he continued, "all the people of the fifteen fires, with shouts of joy, and peals of artillery, will celebrate the period which gave them freedom." He stated that he had called them together to explain these matters in order that they might not "be alarmed at the report of our big guns." On July 15 the council assembled with due formality and increased representation, and General Wayne read his commission from President AS PART OF THE NORTHWEST TERRITORY - 257 Washington to conclude a peace with the Indians. He then proposed, as a basis of peace, the treaty that had been concluded at Fort Harmar with Governor St. Clair. Discussion of the terms proposed and explanations of the provisions of that treaty followed. Adjournments were made from day to day as the work proceeded with the evident good will of all the assembled chieftains. On the evening of July 18, Blue Jacket, the famous Shawnee chief, with thirteen associate chiefs of that tribe joined the council. This was a notable addition and assured the ultimate success of the negotiations. Up to that time the Shawnees had manifested a disposition to hold aloof, and refuse to treat with the Americans. On the same evening "Massas and twenty Chippewas arrived and were received in the council house." The council, as now constituted, was notable not only in the number of tribes represented and the chieftains present, but in the distinguished sons of the red race who participated. There was Tarkee or Tarhe, the crane, of the Wyandots, who was among the earliest advocates of the peace to be here concluded. There was Little Turtle, chieftain of the Miamis, who had led the confederated tribes to victory against Harmar and St. Clair and who had counseled against risking defeat on the banks of the Maumee. There was Blue Jacket, sachem of the Shawnees, the implacable foe of the Americans, who led his braves to the disaster of Fallen Timbers. And there unnoticed in the proceedings was that rising genius of his race, the young Tecumseh, predestined to fame and death in the lost cause of his countrymen. And there, presiding over this great deliberative body, numbering all told 1,130 representatives of twelve different tribes, sat Maj. Gen. Anthony Wayne with his aide, young William Henry Harrison, and other soldiers who had won fame in the Legion. And around this picturesque assembly of the western frontier, beyond the cleared space of the camp, dark with mid-summer green stretched away to the horizon the "forest primeval," whose ultimate fate, like that of its dusky children, was involved in the conclusions to be registered in irrevocable decree. An Indian council was a formal and serious affair. Parkman and other writers have left us interesting descriptions. The chieftains were deliberate and often eloquent in speech. We are told— "An Indian orator was provided with a stock of metaphors, which he always made use of for the expression of ideas. Thus, to make war was to raise the hatchet ; to make peace was to hold the chain of friendship; to deliberate was to kindle the council-fire ; to cover the bones of the dead was to make reparation and gain forgiveness for the act of killing them." There were other metaphors not less expressive than those noted by Parkman. While the expressions "to take up the hatchet" or "to dig up the hatchet" meant to make war, "to bury the hatchet" meant to make peace—an expressive metaphor which has found a permanent place in our own language. The student in search of Indian metaphors will find it worth while to read the speeches made at the treaty of Greenville, which have all been carefully recorded in the "American State Papers" 1 and reproduced in Burnet's "Notes on the Northwestern Territory."2 A few examples must here suffice. A Chippewa chief, in referring to the treaty of peace concluded by General St. Clair at Fort Harmar some years before, explained how that treaty happened to be broken as follows : "You told us you would throw the tomahawk into the river ; but you know that the waters in our woods are not deep ; and some foolish young men have had arms long enough to reach the bottom and again take it 1 - Vol. IV, Indian Affairs, Vol. I, pp. 562-588. 2 - Pages 194-274. 258 - HISTORY OF OHIO out. This day we will try to wipe away their bad actions, and open their hearts to the voice of peace." The same chief then proceeded to tell how he would dispose of the hatchet and assure a permanent peace : "Notwithstanding I am a small man, I now, in the name of the three nations, throw the hatchet into the middle of the great lake, where it will be so covered as never again to be found as long as white people and Indians live." Tarhe, the Wyandot, in a speech thus tells how he would dispose of the hatchet : "Our tomahawk yet remains in your head—the English gave it to me to place there. "Elder brother ! I now take the tomahawk out of your head ; but with so much care that you shall not feel pain or injury. I will now tear a big tree up by the roots and throw the hatchet into the cavity which they occupy, where the waters will wash it away to where it can never be found." It was left for General Wayne, however, most effectively to place the hatchet beyond human reach. He, of course, must not be surpassed by the Indian orators : "I take the hatchet out of your hand and, with a strong arm, throw it into the center of the great ocean, where no mortal can ever find it ; and I now deliver to you the wide and straight path to the fifteen fires to be used by you and your posterity forever." But the speeches were not all rhetorical figures. The proposed boundary line of lands assigned to the different tribes were subjects of considerable discussion. Little Turtle seriously objected to signing away the ancient patrimony of his tribe, whose southern boundary, he declared, was the Ohio River from the mouth of the Scioto to the mouth of the Wabash. After describing fully the extent of territory claimed by his forefathers and enjoyed by them from "time immemorial," he said : "I have now informed you of the boundaries of the Miami Nation, where the Great Spirit placed my forefather a long time ago and charged him not to sell or part with his lands, but to preserve them for his posterity. This charge has been handed down to me. I was much surprised to find that my other brothers differed se much from me on this subject ; for their conduct would lead me to suppose that the Great Spirit and their forefathers had not given them the same charge that was given to me ; but, on the contrary, had directed them to sell their lands to any white man who wore a hat as soon as he should ask it of them." In answer to Little Turtle, Tarhe said in part : "I now tell you that no one in particular can justly claim this ground. It 'belongs in common to us all. No earthly being has an exclusive right to it. The Great Spirit above is the true and only owner of this soil ; and he has given us all an equal right to it." In answer to Little Turtle's objections to the boundary General Wayne said in part : "It appears to me that, if the Great Spirit, as you say, charged your forefathers to preserve their lands entire for their posterity, they have paid very little regard to the sacred injunction, for I see they have parted with those lands to your fathers the French, and the English are now, or have been, in possession of them all ; therefore, I think the charge urged against the Ottawas, Chippewas and other Indians conies with a bad grace indeed from the very people who, perhaps, set them the example. The English and French both wore hats ; and yet your forefathers sold them, at various times, portions of your lands. However, as I have already observed, you shall now receive from the United States further valuable compensation for the lands you have ceded to them by former treaties." AS PART OF THE NORTHWEST TERRITORY - 259 The General explained further that the British by the treaty of 1783 had Conveyed all the lands south of the great lakes to the Americans, but that the United States never intended to take the lands from the Indians without just compensation, nor would they interfere in any way with the Indians in the peaceful possession of the vast area reserved to them in the treaty now proposed. The long conference, which formally opened June 16, was gradually approaching a happy conclusion. Agreements were reached in regard to boundaries and reservations. Finally, late in the 30th day of July, General Wayne explained the provisions of the treaty as finally formulated, and called upon the assembly for approval or rejection. The treaty was agreed to without a dissenting voice. He then called upon the tribes separately and each voted approval. The council then adjourned in order that the treaty might be engrossed on parchment and that copies might be made for the different tribes. On August 3, the council reassembled. General Wayne again read the commission authorizing him to conclude a treaty and for the third time read the treaty and presented the engrossed copy which was signed by representatives of the twelve tribes : Wyandots, Delawares, Shawnees, Ottawas, Chippewas, Pottawottomies, Miamis, Eel Rivers, Weas, Kickapoos, Piankeshaws and Kaskaskias, and by General Wayne, his aide, William Henry Harrison, and other soldiers of the Legion. When the last signature was added the Treaty of Greenville was an accomplished fact. On August 10 the council held its last session. The concluding speech of General Wayne was worthy of the man and the occasion. In closing he said : "I now fervently pray to the Great Spirit that the peace now established may be permanent and that it may hold us together in the bonds of friendship until time shall be no more. I also pray that the Great Spirit above may enlighten your minds and open your eyes to your true happiness, that your children may learn to cultivate the earth and enjoy the fruits of peace and industry. "As it is probable, my children, that we shall not soon meet again in public council, I take this opportunity of bidding you all an affectionate farewell, and of wishing you a safe and happy return to your respective homes and families." To Massas, the Chippewa chief, fell the honor of making the last speech delivered in this memorable assembly. He said : "I have heard all the proceedings relating to this treaty. I express my perfect satisfaction at its happy conclusion. When I relate at home the important event, my people will stretch out their arms toward you ; and when I shall have informed them that you have promised to cherish them as your children, they will rejoice at having acquired a new and so good a father." The council then adjourned sine die . One can not read the proceedings of this remarkable convention, including speeches which were carefully and fully reported, without higher appreciation of the Indian chieftains who participated and the gifted and gallant American who presided. We are accustomed to think of Anthony Wayne as the intrepid and dashing hero of the Revolution. In the council house at Greenville he proved himself a diplomat and statesman. It was here that he crowned, not only the triumph of arms at Fallen Timbers, but the achievements of his illustrious career. The wars of the border between savage red men and scarcely less savage white men, extending through a long series of years, weary the reader with their bloody and ruthless monotony, illuminated at rare intervals with chivalrous exploits and deeds of mercy, but the treaty of Greenville and the conference in which it was concluded must ever remain a bright chapter in the pioneer history of the young Republic. 260 - HISTORY OF OHIO WITHDRAWAL OF BRITISH FROM NORTHWESTERN FORTS-DEATH OF GENERAL WAYNE The treaty of Greenville did not end Indian wars in the United States, but it brought peace to the Northwest for almost seventeen years. In 1798 the population of the Northwest Territory was slightly in excess of 5,000. In 1802 there were 45,028 inhabitants in Ohio alone ; and in 1810, 230,760. Probably at the opening of the War of 1812 the population of the state was not far from 300,000. Fortunate it was, if there must be a second war with the mother country, that it did not occur in 1795 but in 1812, when pioneers had poured into the Northwest and gained a vantage ground from which they could never be dislodged by Great Britain and her Indian allies. The opening of the year 1796 was signalized by the transfer of the British posts in the Northwest, including Fort Miami, Detroit and the defenses of the island of Mackinaw to the Americans, in accordance with the stipulations of the Treaty of 1793 between the United States and Great Britain. It was General Wayne's proud privilege formally to receive them. When they were properly garrisoned and supplied he started late in the year by way of Lake Erie for Philadelphia, then the seat of the government of the United States. His return was hastened, according to apparently good authority, 3 by charges brought against him in the War Department by Gen. James Wilkinson, of whom we shall learn more in future pages of this volume. As already stated, Wilkinson was in command at Fort Washington after the defeat of St. Clair. He was among those considered by Washington for the position to which Wayne was finally appointed. He held a subordinate position in the Legion, distinguished himself in the battle of Fallen Timbers and was accorded generous praise in Wayne's official report. He appears, however, to have been secretly hostile to his superior officer from the outset of the expedition and, without becoming an object of serious suspicion, succeeded in imparting to a small coterie of officers personally attached to himself something of his own envious hostility and secret disloyalty. It is the bane of public service, military as well as civil, that those in subordinate position and assumed to be "assisting," should consciously hinder and purposely do everything in their power to defeat the cause or enterprise which they have been commissioned to advance. General Wayne had been appointed to a coveted position fraught with peculiar difficulties. Harmar and St. Clair had undertaken the task and failed. Wayne succeeded and sealed his victory with a treaty that brought peace to the Northwest and opportunity for the onward movement of civilization. While a victory so complete may disarm hostility, it sometimes adds fuel to the fires of envy. Wilkinson sought to depreciate the achievements of Wayne and finally, as the crowning act of his perfidy, lodged charges against him with the War Department. When General Wayne was notified, he simply declared that the charges were unfounded and malicious. Little attention was paid to them by the Department. Few people at the time even knew of their existence. As the General was proceeding to Philadelphia he was stricken with a serious illness and died at Presque Isle (now Erie) December 15, 1796. He was buried there, but his son later had his body raised and took his bones divested of the flesh to Radnor churchyard, Chester County, Pennsylvania, where they found a final resting place. With him died the last detractive murmur of Wilkinson and his co-conspirators, and the untarnished name of Anthony Wayne found a secure place among the builders of the Republic. On June 20, 1908, a monument to Gen. Anthony Wayne was unveiled with appropriate ceremonies on the old encampment ground at Valley Forge. Near the conclusion of his carefully prepared and im- 3 - Burnet, Notes on the Northwestern Territory, pp. 275-279. AS PART OF THE NORTHWEST TERRITORY - 261 pressive speech, Samuel W. Pennypacker, former governor of Pennsylvania, said : "As time has rolled along most of the generals of the Revolution have become as vague as shadows, but Wayne remains instinct with life and the heart yet warms at the recital of his deeds. No commonwealth in America but has a county or a town bearing his name. New York has made a state park of Stony Point and ere long Ohio will do the like for the Fallen Timbers."4 One hundred and twenty years after the conclusion of his work in the Northwest, the city that bears his name at the junction of the St. Joseph and St. Mary's Rivers provided for the erection of an equestrian statue in his honor.5 Ohio, the state which includes the sites of his major achievements—the battle of Fallen Timbers and the treaty of Greenville—as yet has erected to his memory no adequate memorial. What he did for Ohio he did for the whole Northwest, of which Ohio was then a part, and for the Nation. A movement has been inaugurated to erect a monument, in grateful recognition of his services, on the site of the battle of Fallen Timbers. Assuredly this is a worthy project. The career of Anthony Wayne has its lessons for us and the generations yet to be. TREATY OF GREENVILLE The 1,130 sachems, chiefs and warriors who participated in the council at Greenville and became parties to the treaty were divided as follows : Wyandots, 180 ; Delawares, 381; Shawanoes, 143 ; Ottawas, 45 ; Chippewas, 46; Pottawottomies, 240 ; Miamis and Eel Rivers, 73 Weeas and Piankeshaws, 12 ; Kickapoos and Kaskaskias, 10. Only a portion of these signed the treaty, but they represented all who were present and the absent members of the tribes and nations as well. The treaty was neatly engrossed on three sheets of parchment, respectively 20 1/2, 20 1/2 and 25 1/2 inches wide, and 24, 21 1/2 and 24 inches long. The facsimiles of all the signatures to the document are found in the Ohio Archaeological and Historical Society Publications, Vol. XII, pages 145-158. Four pages only of these signatures are here reproduced in facsimile. The printed signatures follow the order of the United States Government publication, entitled Treaties Between the United States of America and the Several Indian Tribes (1837). The text of the treaty as it appears on the original parchment follows without change in orthography, capitalization or punctuation : GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES OF AMERICA : To all to whom these presents shall come—Greeting. Whereas, a Treaty of Peace and Friendship between the United States of America and the Tribes of Indians called the Wyandots, Delawares, Shawanoes, Ottawas, Chipewas, Putawatimes, Miamis, Eel Rivers, Weea's, Kickapoos, Piankashaws and Kaskaskias was made and concluded on the Third day of August one thousand seven hundred and ninety-five by Anthony Wayne, Major-General commanding the Army of the United States duly authorized thereto, on the one part, and the Sachems and war chiefs of the beforementioned Nations and Tribes of Indians whose names are thereunto signed on the other part which Treaty is in the form and the words following, viz : 4 - Pennsylvania Magazine, Vol. XXXII, p. 301. 5 - This statue now graces the northwest corner of Hayden Park, Fort Wayne, Indiana. 262 - HISTORY OF OHIO A Treaty of Peace between the United States of America and the Tribes of Indians called the Wyandots, Delawares, Shawanoes, Ottawas, Chipewas, Putawasimes, Miamis, Eel Rivers, Weea's, Kickapoos, Piankashaws and Kaskaskias. To put an end to a destructive war, the settle all controversies and to restore harmony and a friendly intercourse between the said United States and Indian Tribes, Anthony Wayne, Major-General commanding the Army of the United States and sole Commissioner for the good purposes above mentioned, and the said tribes of Indians, by their Sachems, Chiefs and Warriors met together at Green Ville the Head Quarters of the said Army have agreed on the following Articles, which when ratified by the President with the advice and consent of the Senate of the United States shall be binding on them and the said Indian Tribes. AS PART OF THE NORTHWEST TERRITORY - 263 Article 1st. Henceforth all hostilities shall cease ; peace is hereby established, & shall be perpetuated ; and a friendly intercourse shall take place between the said United States and Indian Tribes. Article 2nd. All prisoners shall, on both sides, be restored. The Indians, prisoners of the United States, shall be immediately set at liberty. The people of the United States, still remaining prisoners among the Indians, shall be delivered up in ninety days from the date hereof, to the General or commanding officer at Green Ville, Fort Wayne, or Fort Defiance ; and ten chiefs of said tribes shall remain at Green Ville as hostages until the delivery of the prisoners shall be effected. Article 3rd. The general boundary line, between the lands of the United States and the lands of the said Indian tribes, shall begin at the mouth of the Cuyahoga River, and run thence up the same to the portage between that and the Tuscarawas branch of the Muskingum ; thence, down that branch to the crossing place, above Fort Lawronce ; thence -Westerly, to a fork of the branch of the Great Miami River running into the Ohio, at or near which fork stood Loromie's store, and where commences the portage between the Miami of the Ohio, & St. Mary's River, which is a branch of the Miami, which runs into Lake Erie ; thence, a westerly course to Fort Recovery, which stands on a branch of the Wabash ; thence, South Westerly in a direct line to the Ohio, so as to intersect that river, opposite the mouth of the Kentucke, or Cuttawa river. And in consideration of the peace now established of the goods formerly received from the United States, of those now to be delivered, and of the yearly delivery of goods now stipulated to be made hereafter, and to indemnify the United States for the injuries and expenses they have sustained during the War, the said Indian tribes do hereby cede and relinquish forever, all their claims to the lands lying Eastwardly and Southwardly of the general boundary line, now described ; and these lands or any part of them, shall never hereafter be made a cause or pretense, on the part of said Indian Tribes, or any of them, of war or injury to the United States or any of the people thereof. And for the same considerations, & as an evidence of the returning friendship of the said Indian tribes, of their confidence in the United States, and desire to provide for their accommodation, and for that convenient intercourse which will be beneficial to both parties, the said Indian tribes do also Cede to the United States, the following pieces of land, to wit : (1.) One piece of land, six miles square at or near Loromie's store ; before mentioned. (2.) one piece two miles square, at the head of the navigable water or landing on the St. Mary's river, near Girty's Town; (3.) one piece six miles square, at the head of the navigable water of the Au Glaize River. (4.) one piece six miles square, at the confluence of the Au Glaize & Miami Rivers, where Fort Defiance now stands. (5.) one piece six miles square, at or near the confluence of the Rivers St. Mary's and St. Joseph's where Fort Wayne now stands or near it. (6.) one piece two miles square on the Wabash river, at the end of the portage from the Miami of the Lake, and about eight miles westward from Fort Wayne. (7.) one piece six miles square, at the Ouiatanon, or old Wee'a Towns, on the Wabash river. (8.) one piece twelve miles square, at the British fort, on the Miami of the Lake, at the foot of the rapids. (9.) one piece six miles square, at the mouth of the said river, where it empties into, the Lake. (10.) one piece six miles square upon Sandusky Lake where a Fort formerly stood. (11.) one piece two miles square at the lower rapids of the Sandusky River. (12.) The Post of Detroit, & all the land to the North, the West, and the South of it, of which the Indian title has been extinguished by gifts or grants to the French or English Governments ; and so much more land, to be annexed to the district of Detroit, as shall be comprehended between 264 - HISTORY OF OHIO the River Rosine, on the south, Lake St. Clair on the North, and a line, the general course whereof shall be six miles distant from the West end of Lake Erie and Detroit river. (13.) The Post of Michillimackinac, and all the land on the island on which that Post stands, and the main land adjacent, of which the Indian title has been extinguished by Gifts or grants to the French or English Governments ; and a piece of land on the main, to the north of the Island to measure six miles on Lake Huron, or the Streight between Lakes Huron & Michigan, & to extend three miles back from the water of the Lake or Streight ; and, also the Island de Bois Blanc, being an extra and voluntary gift of the Chipiwa Nation. (14.) One piece of land six miles square, at the mouth of the Chikago River, emptying into the South West end of Lake Michigan where a fort formerly stood. (15.) One piece twelve miles square, at or near the mouth of the Illinois River, emptying into, the Mississippi. (16.) One piece six miles square, at the old Pirias Fort & Village, near the South end of the Illinois Lake, on the said Illinois river. And whenever the United States shall think proper to survey and mark the boundaries of the lands hereby ceded to them, they shall give timely notice thereof to the said Tribes of Indians, that they may appoint some of their wise chiefs to attend and see that the lines are run according to the terms of this treaty. And the said Indian tribe will allow to the people of the United States, a free passage by land and by Water, as one and the other shall be found Convenient thro' their Country, along the chain of Posts hereinbefore mentioned ; that is to say, from the commencement of the portage aforesaid, at or near Loromie's store, thence along said portage to the St. Mary's, and down the same to Fort Wayne, and then down the Miami to Lake Erie—again, from the commencement of the portage at or near Loromie's store, along the portage from thence to the river Au Glaize, and down the same to its Junction with the Miami at Fort Defiance ; again, from the commencement of the portage aforesaid, to Sandusky River, and down the same to Sandusky bay and Lake Erie, & from Sandusky to the post which shall be taken at or near the foot of the rapids of the Miami of the Lake; and from thence to Detroit,—again, from the mouth of the Chikago, to the commencement of the portage between that river & the Illinois, & down the Illinois River to the Mississippi– also, from Fort Wayne, along the portage aforesaid, which leads to the Wabash, and then down the Wabash to the Ohio—And the said Indian tribes will, also, allow the people of the United States the free use of the harbours and mouths of Rivers along the Lakes adjoining the Indian lands, for sheltering Vessells and boats, & liberty to land their cargoes where necessary for their Safety. Article 4th. In consideration of the peace, now established, and of the cessions and relinquishments of lands made in the preceding article by the said tribes of Indians, & to manifest the liberality of the United States, as the great means of rendering this peace strong and perpetual, the United States relinquish their claims to all other Indian lands, Northward of the river Ohio, eastward of the Mississippi, and westward & southward of the Great Lakes, & the waters uniting them ; according to the boundary line agreed on by the United States & King of Great Britain, in the treaty of peace, made between them in the Year 1783. But, from this relinquishment by the United States, the following tracts of land are explicitly excepted. 1st. The Tract of One Hundred and fifty thousand acres, near the rapids of the river Ohio ; which has been assigned to General Clark, for the use of himself and his Warriors. 2d. The post of St. Vincennes, on the river Wabash, & the lands adjacent ; of which the Indian title has been extinguished. 3rd. The lands at all other places in possession AS PART OF THE NORTHWEST TERRITORY - 265 of the French people, & other white Settlers among them, of which the Indian title has been extinguished, as mentioned in the 3rd Article. And 4th, the Post of Fort Massac, towords the mouth of the Ohio. To which several parcels of land so excepted, the said tribes relinquish all the title and Claim which they or any of them may have. And for the same considerations, & with the same Views as above mentioned, the United States now deliver to the said Indian tribes, a quantity of goods, to the value of Twenty thousand Dollars, the receipt whereof they do hereby acknowledge ; and henceforward, every year, forever, the United States will deliver, at some convenient place northward of the river Ohio, like useful goods, suited to the circumstances of the Indians, of the Value of Nine Thousand five hundred Dollars ; reckoning that value at the first cost of the Goods in the city or place, in the United States where they shall be procured. The tribes to which these goods are to be annually delivered, and the proportions in which they are to be delivered, are the following : 1st. To the Wyandots the amount of One Thousand Dollars. 2nd. To the Delawares, the ammount of One thousand Dollars. 3rd. To the Shawanoes, the amount of One thousand Dollars. 4th. To the Miamis the amount of One thousand Dollars. 5th. To the Ottawas, the amount of One thousand Dollars. 6th. To the Chipewas the amount of One thousand Dollars. 7th. To the Putawatimes, the amount of One thousand Dollars. 8th. And to the Kickapoos, Weea, Eel River, Piankashaw, and Kaskaskia tribes, the amount of Five hundred Dollars each. Provided, that if either of the said tribes shall hereafter, at an annual delivery of their share of the goods aforesaid, desire that a part of their annuity should be furnished in domestic animals implements of husbandry, and other Utensils convenient for them, and in compensation to useful artificers, who may reside with, or near them, and be employed for their benefit, the same shall, at the subsequent annual delivery, be furnished accordingly. Article 5th. To prevent any misunderstanding about the Indian lands relinquished to the United States in the fourth article, it is now explicitly declared, that the meaning of that relinquishment is this : The Indian tribes who have a right to those lands, are quietly to enjoy them, hunting, planting and dwelling thereon, so long as they please, without molestation from the United States ; but when those tribes, or any of them, shall be disposed to sell their lands, or any part of them, they are to be sold only to the United States ; and until such sale, the United States will protect all the said Indian tribes in the quiet enjoyment of their lands against all Citizens of the United States, and against all other white persons who intrude upon the same. And the said Indian tribes again acknowledge themselves to be under the protection of the Said United States, and no other power whatever. Article 6th. If any Citizen of the United States, or any other white person or persons, shall presume to settle upon the lands, now relinquished by the United States, such citizen or other person shall be out of the protection of the United States ; and the Indian tribe, on whose land the Settlement shall be made, may drive off the Settler, or punish him in such manner as they shall see fit ; and because such Settlements, made without the consent of the United States, will be injurious to them, as well as to the Indians ; the United States shall be at liberty to break them up, and remove and punish the Settlers as they shall think proper, and so effect the protection of the Indian lands hereinbefore stipulated. Article 7th. The said tribes of Indians, parties to this Treaty, shall be at liberty to hunt within the territory and land which they have now ceded to the United States, without hindrance or molestation, so long as they demean themselves peaceably, and offer no injuries to of the United States. 266 - HISTORY OF OHIO Article 8th. Trade shall be open with said Indian tribes ; and they do hereby respectively engage to afford protection to such persons, with their property, as shall be duly licensed to reside among them, for the purpose of trade, & to their Agents & Servants ; but no person shall be permitted to reside in any of- their towns or hunting Camps, as a trader, who is not furnished with a license for that purpose, under the hand and seal of the superintendent of the Department Northwest of the Ohio, or such other persons as the President of the United States shall authorize to grant such licenses, to the end that the said Indians may not be imposed on in their trade ; and, if any licensed trader shall abuse his privilege by unfair dealing, upon complaint and proof thereof, his license shall be taken from him ; and he shall be further punished according to the laws of the United States. And if any person shall intrude himself as a trader, without such license, the said Indians shall take and bring him bef ore the Superintendent, or his Deputy, to be dealt with according to law ; and, to prevent impositions by forged licenses the said Indians shall at least once a year, give information to the Superintendent, or his deputies, of the names of the traders residing among them. Article 9th. Lest the firm peace and friendship now established should be interrupted by the misconduct of individuals the United States and the said Indian tribes agree that for in done by individuals, on either side, no private revenge or retaliation shall take place ; but, instead thereof, complaint shall be made by the party injured to the other, by the said Indian tribes, or any of them, to the President of the United States, or to the Superintendent by him appointed ; and by the Superintendent or other person appointed by the President, to the principal chief of said Indian tribe, or of the tribe to which the offender belongs ; and such prudent measures shall then be pursued as shall be necessary to preserve the said peace & friendship unbroken, until the Legislature (or Great Council) of the United States shall make other equitable provision in the case, to the Satisfaction of both parties.—Should any Indian tribe meditate a War against the United States, or either of them, and the same shall come to the knowledge of the before mentioned tribes or either of them, they do hereby engage to give immediate notice thereof to the General or Officer commanding the troops of the United States, and at the nearest post. And should any tribe, with hostile intentions against the United States, or either of them, attempt to pass through their Country, they will endeavor to prevent the same, and in like manner give information of such attempt, to the General: or Officer Commanding, as soon as possible, that all causes of Mistrust and Suspicion may be avoided between them and the United States : in like manner, the United States shall give notice to the said Indian tribes of any harm that may be meditated against them, or either of them, that shall come to their knowledge ; and do all in their power to hinder and prevent the same, that the Friendship between them may be Uninterrupted. Article 10th. All other treaties heretofore made between the United States and the said Indian tribes, or any of them, since the treaty of 1783, between the United States and Great Britain, that come within the, Purview of this treaty, shall henceforth cease and become Void. In Testimony whereof, the said Anthony Wayne, and the Sachem and War Chiefs of the before mentioned nations and tribes of Indians, have hereunto set their hands and Affixed their seals. 6 Done at Greene Ville, in the Territory of the United States north-west of the River Ohio, on the third day of August, One Thousand Seven Hundred & ninety-five. Anthony Wayne - LS 6 - Facsimile signatures from Ohio Archeological and Historical Society Publications, Vol. XII, pp. 145 and 148. AS PART OF THE NORTHWEST TERRITORY - 267 Wyandots. Tarhe, or Crane his x mark - L S J. Williams, jun. his x mark - L S Teyyaghtaw, his x mark - L S Haroenyou, or half king's son, his x mark - L S Tehaawtorens, his x mark - L S Awmeyeeray, his x mark - L S Stayetah, his mark - L S. Shateyyaronyah, his mark - L S Daughshuttayah, his mark - L.S. Shaawrunthe, his x mark - L S Delawares. Tetabokshke, or Grand Glaize King, his x mark - L S Lemantanquis, or Black King, his x mark - L S Wabatthoe, his x mark - L S Maghpiway, or Red Deather, his x mark - L S Kikthawenund, or Anderson, his x mark - L S Bukongehelas, his x mark - L S Peekeelund, his x mark - L S Wellebawkeelund, his x mark - L S Peekeetelemund, or Thomas Adams, his x mark - L S Kishkopekund, or Captain Buffalo, his x mark - L S Amenahehan, or Captain Crow, his x mark - L S Queshawksey, or George Washington, his x mark - L S Weywinquis, or Billy Siscomb, his x mark - L S Moses, his x mark - L S Shawanoes. Misquacoonacaw, or Red Pole, his x mark - L S Cutthewekasaw, or Black Hoof, his x mark - L S Kaysewaesekah, his x mark - L S Weythapamattha, his x mark - L S Nianymseka, his x mark - L S Waytheah, or Long Shanks, his x mark - L S Weyapiersenwaw, or Blue Jacket, his x mark - L.S. Nequetaughaw, his x mark - L.S. Hahgooseekaw, or Captain Reed, his x mark - L S Ottawas. Augooshaway, his x mark - L S Keenoshameek, his x mark - L S La Malice, his x mark - L S. Machiwetah, his x mark - L.S. Thowonawa, his x mark - L.S. Secaw, his x mark - L S Chippewas Mashipinashiwish, or Bad Bird, his x mark - L S Nahshogashe, (from Lake Superior,) his x mark - L S Kathawasung, his x mark - L S Masass, his x mark - L S Nemekass, or Little Thunder, his x mark - L. S . Peshawkay, or Young Ox, his x mark - L S Nanguey, his x mark - L S Meenedohgeesogh, his x mark - L S Peewanshenenogh, his x mark - L S Weymegwas, his x mark - L S Gobmaatick, his x mark - L S 268 - HISTORY OF OHIO Ottawa. Chegonickska, (an Ottawa from Sandusky,) his x mark - L S      Putawatames of the River S. Joseph. Thupenebu, his x mark - L S Mawac, (for himself and brother Etsimethe,) his x mark - L S Nenanseka, his x mark - L S Keesass, or Run, his x mark - L S Kabamasaw, (for himself and brother Chisaugan,) his x mark - L S Sugganunk, his x mark - L S Wapmeme, or Whit Pigeon, his x mark - L S Wacheness, (for himself and brother Pedagoshok,) his x mark - L S Wabshicawnaw, his x mark - L S La Chasse, his x mark - L S Meshegethenogh, (for himself and brother Wawasek,) his x mark - L S Higoswash, his x mark - L S Anewasaw, his x mark - L S Nawbudgh, his x mark - L S Missenogomaw, his x mark - L S Waweegshe, his x mark - L S Thawme, or Le Blanc, his x mark - L S Geeque, (for himself and brother Shewinfe,) his x mark - L S Putawatames of Huron. Okia, his x mark - L S Chamung, his x mark - L S Segagewam, his x mark - L S Namawme, (for himself and brother A. Gin,) his x mark - L S Marchand, his x mark - L S Wenameac, his x mark - L S Miamis. Nagohquamgogh, or Le Gris, his x mark - L S Meshekunnoghquoh, or Little Turtle, his x mark - L S Miamis and Eel Rivers. Peejeewa, or Richard Ville, his x mark - L S Cochkepoghtogh, his x mark - L S Eel River Tribe Shamekunnesa, or Soldier, his x mark - L S Miamis. Wapamangwa, or the White Loon, his x mark - L S      Weas, for themselves and the Piankeshaws. Amacunsa, or Little Beaver, his x mark - L S Acoolatha, or Little Fox, his x mark - L S Francis, his x mark - L S Kickapoos and Kaskaskias. Keeawhah, his x mark - L S Nemighka, or Josey Renard, his x mark - L S Paikeekanogh, his x mark - L S Delawares of Sandusky. Hawkinpumiska, his x mark - L S Peyamawksey, his x mark - L S Reyntueco (of the Six Nations living at Sandusky), his x mark - L S In presence of, (the word "goods" in the 6th line of the 3d article ; the word "before" in the 26th line of the 3d article ; the words "five hundred" in the 10th line of the 4th article, and the word Facsimile signatures from Ohio Archaeological and Historical Society Publications, Vol. XII, pp. 155 and 157. AS PART OF THE NORTHWEST TERRITORY - 269 "Piankeshaw" in the 14th line of the 4th article, being first interlined) 8 H. De Butts, first A.D.C. and Sec'ry the Major Gen. Wayne. Wm. H. Harrison, Aide de Camp to Major Gen. Wayne. T. Lewis, Aide de Camp to Major Gen. Wayne. James O'Hara, Quartermaster Gen'l. John Mills, Major of Infantry, and Adj. Gen'l. Caleb Swan, P.M.T.U.S. Geo. Demter, Lieut. Artillery. Vigo. P. Frs. La Fontaine. Ant. Lasselle. H. Lasselle. Jn. Beau Bien. David Jones, Chaplain U.S.S. Lewis Beaufait. R. Lachambre. Jas. Pepen. Baties Coutien. P. Navarre. Sworn Interpreters. Wm. Wells. Jacques Lasselle. M. Morins. Bt. Sans Crainte. Christopher Miller. Robert Wilson. Abraham Williams, his x mark. Isaac Zane, his x mark. Now KNOW YE, That I having seen and considered the said Treaty do by and with the advice and consent of the Senate of the United States, accept, Ratify, and confirm the same and every article and clause thereof. In testimony whereof I have caused the seal of the United States to be hereunto affixed and signed the same with my hand. United States. Given at the city of Philadelphia the twenty-second day of December in the year of our Lord One thousand seven hundred and ninety-five and in the Twentieth year of the Sovereignty and Independence of the United States. 8 - These corrective amendments, which follow immediately after the text of the treaty on the parchment original, are inserted in the text as printed on the preceding pages. See the original; they appear as interlineations. CHAPTER VI HOW AND WHEN ( ?) OHIO BECAME A STATE 1 On the third day of September, 1783, a treaty of peace was concluded at Paris, between Great Britain and the United States of America. The commissioners on behalf of the United States were Benjamin Franklin, John Jay and John Adams who had negotiated it, and Henry Laurens who arrived from captivity in the Tower of London just in time to sign it. There had been nearly two years of vexatious wrangling over the details of the treaty. The bitterest contention was over the location of the boundary line between the United States and Canada. In transmitting the treaty to America, the commissioners made a report which contained the following statement : "The Court of Great Britain claimed all of the land of the Western Country and of the Mississippi which was not expressly included in our charters and governments." This "Western Country" was that immense, unsettled tract which now comprises the states of Ohio, Indiana, Illinois, Michigan, Wisconsin and a small part of Minnesota, with a present population of twenty-four millions—a great and fertile empire well worth contending for. The American commissioners demanded that the boundary should be the line of the Great Lakes (where it now is) but the British commissioners refused to yield and insisted that the boundary line should be the Ohio River. Franklin, although undoubtedly the most astute man of his day, and very anxious to secure the boundary was, nevertheless, so much more anxious to end the negotiations and secure peace, that he did not press the American claim with his customary vigor ; Jay, who was a great lawyer and the first Chief Justice of the United States Supreme Court, held out manfully against the British ; but the most unflinching commissioner, and the one to whom we owe the State of Ohio, was that hard-headed Puritan John Adams of whom one of his biographers says that he was "combative, dogmatic and opinionated," and another describes him as a man who had "an earnest, unconquerable spirit and an intrepidity which shrank from no danger." His disposition may be illustrated by an incident which occurred 160 years ago when he was courting Abigail Smith. Her father was a minister and, in that day, the minister was the Czar of the community. Of them, as a body, Adams' biographer says, "They were a dictatorial, militant, polemical not to say quarrelsome and harshtongued race, not addicted to loving kindness toward one another nor, indeed, toward anyone else." Father Smith was of this type and very able, but he did not wish his daughter to marry John. Therefore, on a public occasion, he preached a sermon from the text, "My daughter is tormented by a devil." It• cannot be denied that, upon sufficient provocation, John Adams did have some of the devil in him, and I thank God for it, because it was that which prompted him to shake his fist at the British commissioners and snap out this ultimatum, "If this boundary is not fixed at the Great Lakes, we will go back to America and carry on the war forever." But for this there would not have been any Ohio ; and he, who undertakes to tell how Ohio became a state, must begin his story there. 1 - Last formal address of Governor James E. Campbell, read before the Kit Kat Club, November 25, 1924. - 270 - AS PART OF THE NORTHWEST TERRITORY - 271 In 1787 Congress designated this "Western Country" as the Territory Northwest of the River Ohio and, for the first time in history, a great empire was dedicated to freedom and public education. Gen. Arthur St. Clair was appointed Governor and, for fourteen years, was the outstanding figure in its history. Prior to that he not only had a long and brilliant career as an officer in the British army in early life and as major general in the Revolution, but he had been president of the Continental Congress (which was the sole governing power) and, thereby, occupied the highest civil office in the country. Also, he was one of Washington's dearest personal friends. During the early days of his administration he was busy fighting the Indians until his disastrous defeat in 1791, when he was out-generaled by Little Turtle, a Miami chief. He had been repeatedly warned by Washington to look out for a surprise, but he let himself be caught unprepared, and two-thirds of his army were killed or wounded. The battle has gone into history by the very pertinent name of "St. Clair's Massacre." Although very ill, he exhibited the personal bravery which was his well known attribute and eight bullets passed through his clothing, but he never recovered his military prestige. In 1798 the territory became entitled to a legislature, which was accordingly elected. Judge Jacob Burnet of Cincinnati was the dominating figure in that body and practically shaped its legislation. Out of thirty-nine laws enacted, he originated fourteen. He was subsequently a judge of the Supreme Court of Ohio and United States senator, and author of valuable "Notes on the Northwestern Territory." Scarcely had the Legislature assembled before friction arose between it and the governor—a situation which has not been wholly unknown to this state in recent years. St. Clair, although unquestionably honest, intelligent and patriotic, was one of the most stubborn men who ever lived. Prior to the election of the Legislature he had ruled the territory with a high hand, paying little attention to the judges who were associated with him in its government, and was embroiled in endless controversies with the leading citizens—especially as to the creation of counties and the location of county seats. He now undertook to ride roughshod over the Legislature and incurred the enmity of many members, even of those who belonged to the federalist party to which he strenuously adhered. He made himself especially obnoxious by vetoing more than one-third of their enactments and refusing to return others to them when requested so to do. In the year 1800 the territory was divided by a line running substantially along the present western boundary of the state. This portended the early creation of a state and a bitter controversy broke out between St. Clair and the Jeffersonians, who were mainly from Virginia and constituted a majority of the Legislature. They wished to divide the territory so that the western line would be as it now is, but St. Clair and his friends insisted upon making the Scioto River the western boundary because, if so done, it would be many years before that small area could have sufficient population for statehood, while the larger state might come in soon and would then be represented adversely to them politically in the next electoral college. There were shrewd politicians in that day and, apparently, the breed is not yet wholly extinct. D. M. Massie of Chillicothe, well known here, in his life of Nathaniel Massie, his grandfather, has accurately depicted the situation at that time. He says : "Any one who studies the early history of Ohio will soon discover that its birth as a state was due to a Conflict between General Arthur St. Clair, the territorial Governor, and certain citizens of Chillicothe ; that St. Clair was overthrown and that the Chillicotheans founded a state government." On the thirtieth of April, 1802, the President approved an act to Congress providing that "the inhabitants of the eastern division of the Territory Northwest of the River Ohio be, and they are hereby, author- 272 - HISTORY OF OHIO ized to form for themselves a constitution and state government." Delegates were elected to a Constitutional Convention which assembled at Chillicothe on November first and organized by electing Edward Tiffin president. There were thirty-five members and they sat until November twenty-ninth when the constitution was adopted in the following words : "We the people of the eastern division of the territory of the United States northwest of the River Ohio * * * do ordain and establish the following constitution or form of government, and - do mutually agree with each other to form ourselves into a free and independent state by the name of the State of Ohio." The people were never permitted to ratify or reject the constitution. In fact, the convention decided, by a vote of twenty-seven to seven, to deny them that privilege. I can imagine what the people would , do if a Constitutional Convention today should ignore them in that contemptuous manner. So, looking back one hundred years, we must say to ourselves that we have done a great deal in the direction of the "Reign of the Common People." Sometimes I wonder if we have not gone 'a little too far in that direction when I think of the hordes of ignorant and unassimilated emigrants from eastern and southern Europe upon whom we have conferred suffrage, and the enormous electorate created out of women and negroes. I confess to have voted, in 1867, to confer suffrage upon the negroes who, however, did not achieve it until the amendment to the Federal Constitution about two years later. It cannot be denied that thereby the average intelligence of the electorate was lowered. It may be that, 'like all other people, I have unconscious prejudices and would have a higher opinion of the colored voter if, when he deposited his ballot, he occasionally exhibited a little more discrimination in his political affiliations. I also voted twice for woman suffrage but, sometimes, I have doubts whether the dear things, much as we love them, are not a trifle too temperamental to be trusted with the government of anybody except their own husbands, children and sweethearts—all of whom ought to be delighted for an opportunity to submit to such gentle and affectionate authority. Also I am not enamored with the direct primary whereby an elector who can get hold of twenty-five dollars is liable to become Governor, United States ,senator or chief justice of the Supreme Court ; and I particularly detest the misnamed non-partisan judiciary law by which a judge who, before its enactment, was usually a dignified gentleman who kept his ermine unsullied, is now compelled to get down in the gutter of dirty politics and buttonhole voters like a candidate for constable. One of the most remarkable actions of the convention was the denial of the veto power to the governor. This is an anomaly under our political system and nobody pretends now to uphold it. This was corrected a hundred years later. You must not infer from this that these exceptionally able men did not understand the checks and balances which should exist in a republican government ; but they were so completely blinded by the bitter personal animosities growing out of their long quarrel with St. Clair, and so exasperated by his flagrant abuse of the veto power, that they were determined no other governor should have a chance to become such a tyrant. The governor was empowered to fill vacancies in state and judicial offices, but only until the next meeting of the General Assembly. The Convention also had an exaggerated idea of the powers and duties of the General Assembly. They gave it the exclusive right to appoint all state officers, except governor, and all the judges of all the courts. Thus the governor, deprived of the veto power and practically of the appointing power, was a mere figurehead. This was the basis of one of Tom Corwin's most famous witticisms. While in office as a whig governor, he was asked what were his official duties, to which he replied : "They are confined to the appointment of notaries and pardoning of democrats." AS PART OF THE NORTHWEST TERRITORY - 273 Being a great admirer of Corwin, I tried, when I occupied that office, to repay his courtesy by pardoning a few republicans. The question of the negro population was one which occasioned much debate. They limited suffrage to white males but, at one time by a vote of nineteen to fourteen, approved of a clause which read, "all male negroes and mulattoes now residing in this territory shall be entitled to the right of suffrage if they shall, within six months, make record of their citizenship." 'Upon final adoption of the constitution this clause was stricken out—the vote standing seventeen to seventeen. President Tiffin then cast the deciding vote against it, although he had brought his own slaves into the territory and had set them free. There was some sentiment for a temporary form of slavery in the convention. The federalists claimed that, in a committee meeting, the Virginians had tried to insert a clause which read, "no person should be held in slavery, if he is a male, after he is thirty-five years of age ; or a female, after twenty-five years of age." This was defeated in the committee because Cutler persuaded Milligan to change his vote. Randall and Ryan express the opinion that there was no such action because the minutes of the convention do not mention it. They evidently overlooked the fact that no minutes of committee meetings get into the record of the convention. Even if the convention should have undertaken to fasten this modified form of slavery upon the state, it would have been null and void for being in contravention of the Ordinance of 1787. The long controversy between John Marshall and Thomas Jefferson had developed some hostility to the judiciary on the part of the Jeffersonians. They didn't go quite so far as Senator LaFollette who wishes to emasculate the courts, but they thought that judges would bear a little judicious watching. As they were in control of the convention, they provided that the Supreme Court should sit once a year in each county with a view, as they expressed it, "of bringing justice nearer to the people." This resulted in great confusion (as many of the sparsely settled counties were without law books) and conflicting decisions were the natural result. Besides, owing to local jealousies, no county could be agreed upon as a permanent seat of that court. This latter defect was corrected by legislative enactment in 1821; and judges were made elective by the people under the constitution of 1851. The Bill-of-Rights was reported by Ephraim Cutler and bears the marks of his high intellectual powers. It is, of course, the backbone of the constitution. There is not time to go into its details. It is sufficient to say that it has scrupulously and safely guarded and maintained all the rights and liberties of the people for 122 years, and is a model of wisdom and statesmanship. The work of this convention and the character of its membership have been thus eloquently stated by the late Daniel J. Ryan : "The first Constitutional Convention, from an intellectual stand. point, is the greatest, as well as the most picturesque episode in the history of our state, and the events which led up to it read like a romance. The conversion of the wilderness into a garden ; the invasion of the Virginians ; the overthrow of the great Arthur St. Clair ; the struggle for statehood ; the victory of the people over the aristocracy ; the framing of the constitution for a people without their consultation or consent, are all events that form a background for a picture that has no parallel in American history. And all these scenes were enacted in a theater of intellect ; the only weapons were tongues and pens, but they were directed by men who for brains and bravery are worthy of every tribute of admiration and respect that the people of Ohio today can bestow upon them." Time will not permit especial mention of all of the eminent members of the first Constitutional Convention. Many of them were scholars with the courtly manners usually known to the hardy race of 274 - HISTORY OF OHIO empire-building pioneers, but those not schooled in books were schooled in honor and manhood. When they assembled in Chillicothe, every delegate had endured the hardships and faced the dangers of frontier life and Indian warfare with a stout heart. A few of the leaders may be briefly sketched. Edward Tiffin was probably the ablest and most influential member. He had been unanimously elected to both Territorial legislatures, unanimously elected speaker thereof and was now unanimously elected president of the convention. Later he was unanimously elected to be the first governor and unanimously reelected. This office he resigned to accept the United States senatorship. It is safe to say that this record of universal popularity, and the confidence of a constituency, has never been equaled. This confidence was not misplaced. He came to the territory from Virginia. Having very deep religious convictions and detesting slavery, he manumitted his slaves and settled them comfortably near Chillicothe. There is not space to go into details of his interesting life except to add that after he resigned from the Senate he became commissioner of the general land office and was the only public officer in Washington who saved his records when the British burned the city in August, 1814. Dolly Madison cut Washington's portrait out of the frame in the White House and, with it and the household silver, also eluded the British. It is a humiliating confession, but these two seem to have been the only wide-awake patriots there. When Tiffin resigned the office of governor, Thomas Kirker, who had been a member of the Constitutional Convention from Adams County, was speaker of the Senate and, by virtue of that office, stepped into the governorship just as the lieutenant governor would do under the present constitution. Thomas Worthington, a brother-in-law of Tiffin, was one of the first United States senators from the new state. After leaving the Senate, he served two terms as governor. His residence is still pointed out as one of the show places at Chillicothe. Worthington and Tiffin, as young men emigrating from Virginia, rode over the mountains on horseback accompanied by another young Virginian, Allen Trimble, who was also elected governor several years later. If three young men were to come into Ohio together today and all of them became governor, we would probably accuse them of organizing an unlawful trust. Samuel Huntington was another delegate who became governor. He was a nephew of the famous Samuel Huntington who was a signer of the Declaration of Independence and president of the Continental Congress. Governor Huntington was a graduate of Yale and a thoroughly polished and accomplished gentleman. Being a federalist, he usually voted with the federalist delegation from Marietta. Trumbull County, which he and David Abbott represented, was the only county in the northern half of the state except Wayne County, which was too sparsely settled to be entitled to representation. The fifth member of the convention to become governor was Jeremiah Morrow, who was sole representative of the state in Congress for many years, and subsequently United States senator and governor. While he was governor, being a real "dirt farmer," he lived upon his farm in Warren County. The Duke of Saxe-Weimar was then travel- ing in America and one of his missions was to visit the governor. At the farm he found some men rolling logs under the direction of a little chap in a red flannel shirt. Whereupon they retired to the governor's modest cottage and the night was spent by the duke in extracting wisdom from the storehouse of Morrow's intellect and experience. Upon his return to Germany, he published far and wide that, in the wilds of Ohio, he had found a veritable counterpart of the ancient Cincinnatus. One of the most active and influential members of the convention was Nathanial Massie, who had a more notable career in accelerating