CHAPTER XXIII.

Contract of Judge Symmes with the Board of Treasury.-His proposition to purchase two millions of acres, entitling him to College lands.-Deposite of money on account.-Misunderstanding with Congress.-Contract closed by agents for one million of acres. College lands thereby relinquished. Terms of sale and settlement established.-Published at Trenton. -Progress of the Miami settlements.-History of the College township.

Ir is proposed in this chapter to state the nature of the contract of John C. Symmes and his associates, for lands between the Miami rivers, and give some of the facts connected with the purchase. It is generally known, that at the close of the Revolutionary war, each State set up an exclusive claim to the unappropriated land within the limits of its charter. Those States which had no vacant land, of which number was the State of New Jersey, remonstrated against the claim, as unjust and inequitable. They contended, that as the war had been sustained, and the independence of the country acquired by the blood and treasure of all the States, every thing which had been wrested from the crown, in the struggle, belonged to the United States, in their confederate character, as a matter of right; and should be held for their joint and equal benefit.

There was much excitement on that subject, and propositions were made in the public prints of the day, advising the destitute States to seize on portions of those vacant lands, for their own use. To allay the ferment, Congress made strong appeals to the justice and patriotism of the States, holding those claims, to make liberal cessions to Congress, for the common benefit of the Union. That re

quisition was complied with, by several of the States. Virginia made a cession of the entire territory, north-west of the Ohio; and Connecticut ceded all her claim to the same territory, excepting that district, on Lake Erie, known by the name of "the Connecticut Reserve."

Soon after these cessions were made, Congress passed an ordinance to sell and dispose of the ceded territory. Their first sale was a tract of two millions of acres, on either side of the Muskingum river, to a New England company represented by Sargent, Cutler, and others. Immediately thereafter, John Cleves Symmes, then Chief Justice of New Jersey, proposed to a number of his friends, most of whom had been officers in the Revolutionary army, to join him in purchasing a tract of two millions of acres, between the Miami rivers. They agreed to take limited interests in such a contract, provided a plan was devised for the management and disposal of it, which to them should appear safe and prudent. On that intimation, Mr. Symmes drew up a plan, which he submitted, and which, being approved of, he published in pamphlet form, entitled "Terms of sale and settlement of Miami Lands." [See Appendix A-B.] He then submitted a proposition to Congress, on the 29th of August, 1787, to purchase, for himself and associates, all the land lying between the Miami rivers, south of a line drawn due west from the western termination of the northern boundary of the grant to Sargent, Cutler & Co., on the same terms that had been granted to that Company, excepting only, that instead of two townships for the use of an University, only one might be assigned him for the use of an academy.

This application was referred to the Board of Treasury, to take order, [See Congress Journal, Vol. XII. page 150.] At the same time, he paid into the Treasury about eightytwo thousand dollars, the principal part of which had been advanced by his associates. His proposition having been accepted, and the first payment deposited, he did not wait

to close his contract by a formal instrument, duly executed, but immediately set out for the western country, with a view of exploring his purchase. Congress, on learning that fact, and recollecting the proposition which had been recently made, in some of the public prints, in New Jersey and elsewhere, on the subject of Western lands, became alarmed. It was intimated to them, that the object of the Judge was to get possession, and then set them at defiance. Under that impression, a resolution was offered, ordering Colonel Harmar, who was stationed with his regiment below Pittsburgh, to dispossess him, and directing the expense to be paid out of the money deposited, and the residue to be returned.

Fortunately, Doctor Boudinot and General Dayton, two of his associates, were in Congress at the time, and were able to make such explanations, as induced a withdrawal of the resolution, on their assurance that the contract should be executed, in due form, without unnecessary delay. To comply with that engagement, they dispatched Daniel Marsh, one of the associates, to go in pursuit of the Judge, and induce him to return, or to execute a power of attorney, authorising some of his friends to complete the contract for him. Mr. Marsh overtook him at Pittsburgh, preparing to descend the river. Without hesitation, he gavé a letter of attorney, authorising his associates, Jonathan Dayton and Daniel Marsh, to execute the contract in such form as they might see proper. Mr. Marsh then returned, and the Judge proceeded to the Miami country.

As soon as the power of attorney was received, the agents consulted with their associates, and on their advice, executed a contract of three parts, on the 15th of October, 1788, between the Commissioners of the Board of Treasury, of the first part, Jonathan Dayton and Daniel Marsh, of the second part, and John C. Symmes and his associates, of the third part.

By that contract the quantity of land named in his propo

sition to the Board of Treasury, was reduced to one million of acres; and the south boundary, instead of running from one Miami to the other, according to the first proposition, terminated at a point on the Ohio river, twenty miles above the mouth of the Big Miami, which on survey, was found to be within the limits of Cincinnati-thence northwardly, parallel with the general course of the Big Miami for quantity.

The contract contained a stipulation, that if Symmes, the party of the third part, should neglect or refuse to execute it, it should inure to the benefit of the parties of the second part, and their associates; who covenanted, in that case to perform it themselves. The price to be paid for the land was two-thirds of a dollar per acre, payable in certificates of debt due from the United States, worth at that time, five shillings in the pound.* The specie price of the land on that estimate was reduced to fifteen pence per acre. The interest due on the certificates, was not to be received in payment; but for that amount, new certificates denominated "Indents," were issued at the Treasury Department.

By one of the stipulations of the contract, the purchasers were at liberty to pay one-seventh part of the consideration in Military Land-warrants, issued by the United States, to the officers and soldiers of the Revolutionary War. They contracted to pay the consideration, in six equal semi-annual instalments, and on the payment of each instalment, they were entitled to receive a patent, for a proportionate part of the lands.

The personal interest Mr. Symmes was to have in the contract, is shown distinctly, in the plan of sale, adopted

* The ordinance for the sale of the public lands, under which the Muskingum and the Miami contracts were made, estimated their value at one dollar per acre; but as they were then offered in very large tracts, it contained a provision, that one-third of that sum should be deducted from the price to be charged, on account of bad land, and land covered with water; so that the price really paid, under those contracts, was two-thirds of a dollar, or five shillings Pennsylvania currency, per acre.

and published by him, in 1787. [See appendix B.] As is stated in that document, he set apart for his own use and benefit, the entire township, lying lowest down in the point, formed by the Ohio and Great Miami rivers, together with the three fractional townships lying west, and south, between it and those rivers; estimated to contain forty thousand acres. He stipulated to pay for those lands himself, and that the profit he might make on the sale of them, should be the only reward he would receive for his time and trouble, in attending to the business. That proposition was acquiesced in by his associates, and on the 2d of March following (1788,) he sold an undivided moiety, of his entire reservation to Elias Boudinot of Elizabethtown, New Jersey, at an advanced price, agreed on between them. [See Appendix, F.]

It was stipulated, that the associates should have the privilege of selecting, and locating as much of the residue of the purchase, as they saw proper to take, at the contract price, and the community at large, were invited to become associates, and avail themselves of that privilege. To induce them to do so without loss of time, it was stipulated that after the 1st day of May then next, the price of the land should be a dollar per acre; and that it would be still further increased, as the settlement of the country would justify and it was expressly stipulated, that all the money received on those sales, above the Congressional price, should be deposited with the Register; and expended in opening roads, and erecting bridges, for the benefit of the settlement. It was also stipulated, that a Register should be appointed by the associates to superintend the location of the land, and to receive and apply the surplus money to the purposes before mentioned. This stipulation, however, was never performed Mr. Symmes acted as Register himself-received all the money paid as well after, as before the augmentation of the price, and applied it to his own

use.