north-west of the river Ohio, and about the lakes, at such time and place as he should appoint; for the purpose of knowing the causes of uneasiness among them-hearing their complaints-regulating trade, and amicably settling all affairs concerning lands and boundaries between them and the United States, agreeably to such instructions as should be given him, for that purpose." In pursuance of that order he assembled the Indians at Marietta, in January following, and negotiated "the Treaty of Fort Harmar," which, it was supposed, would ensure safety to the settlements then just beginning to be formed.

In the succeeding summer, the Governor, Judge Varnum, and Judge Parsons, met at Marietta, and commenced the duty of legislating for the territory. They continued in session till December, during which period they enacted a number of laws on different subjects, which were submitted to Congress, as the Ordinance required; but were not approved, on the ground, that the Governor and Judges, in their legislative capacity, were empowered only to adopt existing laws from the codes of the original states, and not to enact laws of their own formation. This was the only legislative business attempted under the commissions granted by the Congress of the old Confederation.

On the 2d of July, 1788, Congress were officially informed that the state of New Hampshire had adopted the new Federal Constitution; and as it had then been adopted by nine of the states, which was the number required to bring it into operation, measures were immediately taken for that purpose, in pursuance of the resolutions of the Federal Convention. The first Congress under the new Constitution was then elected, and in May, 1789, they assembled at Federal Hall, on Wall street, in the city of New York. That venerable body, composed of men of the first order of talent and patriotism, elected their officers,-installed the Father of his Country first President of the United States, and then pro

ceeded to the important business which the Constitution had confided to them.

One of the first official steps of the President, was to submit to the Senate the Treaty of Fort Harmar, negotiated with the Indians during the preceding winter, which was approved and ratified. As it was understood that appointments under the Articles of Confederation, expired with the government by which they were made, the President nominated to the Senate, candidates for all the offices created in the Ordinance of 1787, which were taken up in Senate on the 20th of August, 1789, when Arthur St. Clair was reappointed Governor, and Winthrop Sargent, Secretary of the Territory.

On the same day, Samuel Holden Parsons, John Cleves Symmes, and William Barton, were appointed Judges of the general court. Mr. Barton having declined the appointment, George Turner was chosen to fill the vacancy. Shortly after his appointment Judge Parsons died, and Rufus Putnam was appointed to fill his vacancy in March, 1790. He continued in office till December 1796, when he resigned his commission, to enable him to accept the office of Surveyor General, for which he had been nominated; and Joseph Gillman, of Point Harmar, was chosen to fill the vacancy. Judge Turner left the Territory in the spring of 1796, and before his return, resigned his seat on the bench, which was filled by the appointment of Return Jonathan Meigs, in February, 1798. The judges then in commission, continued to hold their seats till the territorial government was superseded by the adoption of a state constitution. These appointments completed the organization of the first grade of government, as far as depended on the action of congress.

In July, 1790, Winthrop Sargent, Secretary, and acting Governor of the Territory; John C. Symmes, and George Turner, Judges, met at Vincennes, in their legislative capacity, and passed an act to prevent the sale of spirituous

liquors, and an act to suppress gaming. Those enactments were subject to the same objection as is stated above-they were enacted, not adopted. Several legislative sessions were held after this, at which a number of laws were drafted and enacted, regardless of the limitation imposed by the Ordi

nance.

Although these laws were not approved by Congress, they continued in force for longer or shorter periods; and some of them till the second grade of government was established, notwithstanding strong doubts of their constitutionality were expressed by the bar. At length the Governor and Judges, discovering that their enactments had not been approved, began to doubt their correctness; and at a legislative session, held at Cincinnati, in the summer of 1795, they prepared a code of laws adopted from the statutes of the original states, which superseded the chief part of those they had previously enacted.

This body of laws was printed at Cincinnati, by William Maxwell, in 1795, from which circumstance it was called the Maxwell code. It was the first job of printing ever executed in the North-western Territory, and the book should be preserved, as a specimen of the condition of the art, in the western country, at that period. All the laws previously passed had been printed at Philadelphia, from necessity, because there was not at the time a printing office in the territory. The Maxwell code was supposed to be so full and complete, that but one short legislative session was held thereafter, in 1798, at which a few additional laws were adopted; after which the statutes of the territory underwent no alteration, till the first session of the General Assembly, held under the second grade of government, in 1799.

CHAPTER II.

Western Pioneers chiefly Revolutionary characters.-Colony from New England in 1787.-Formed by Cutler, Sargent & Co.-Arrive at the Yoghigany in the fall of 1787. Encamped for the winter.-Reach Marietta in April 1788-Block-house erected.-A school and a church established.— Gen. R. Putnam leader of the party. His character. His appointment to office. Poverty of Revolutionary officers drove them to emigrate.-Their sufferings. Settlement under Major Stites, at Columbia.-Under Denman & Co. at Cincinnati.-Under Judge Symmes, at North Bend.-Losanteville, intended name of a town never laid out.-Troops sent by Gen. Harmar, to the Miami settlements.-Where stationed.-Their behavior.-Attacked by the Indians at North Bend.-Major Mills severely wounded.-Villages laid out.-Donation lots.-Interview of Symmes with the Indians.-Settlement at Columbia plundered.—Captain Flinn taken prisoner.-Made his escape. Comparative strength of the settlements at the Miamies.-Fort Washington built by Major Doughty.-Judicial Courts first established.Anterior arrangements for administering Justice.-Indian hostilities.-Complaints of Judge Symmes against Gen. Harmar for withholding protection. Temerity of the Pioneers and the Troops.

THE early adventurers to the North-western Territory, were generally men who had spent the prime of their lives in the war of Independence. Many of them had exhausted their fortunes in maintaining the desperate struggle; and retired to the wilderness to conceal their poverty, and avoid companions mortifying to their pride, while struggling to maintain their families, and improve their condition. Some of them were young men, descended from revolutionary patriots, who had fallen in the contest, or become too feeble to endure the fatigue of settling a wilderness. Others were adventurous spirits, to whom any change might be for the better; and who, anticipating a successful result,

united in the enterprise. Such a colony as this left New England in 1787, for the purpose of occupying the grant made to Sargent, Cutler & Company, on the Muskingum river; most of whom had served in the war of the Revolution, either as officers or soldiers. In their journey west they struck the Monongahela river, near the mouth of the Yoghigany, so late in the season, that it was deemed imprudent to descend the Ohio; they therefore encamped for the winter, and built a substantial row-galley, covered with a deck, which was an effectual protection against the rifles of the Indians, while on their passage down the river. After their arrival at the place of their destination, it was found to be of great use for the safe transportation of persons and property from place to place. The party landed at the mouth of the Muskingum, in April, 1788, with a good supply of provisions, and began their improvements.

Their first object was to erect a block-house and stockade, for defence; after which, they surveyed the town of Marietta, on the Ohio river, east of the Muskingum, and at the same time, village lots were laid out, west of that river, contiguous to Fort Harmar, then recently built, and garrisoned by United States' troops. Although many of those emigrants were men of distinction and energy, and subsequently filled the most important stations in the country, yet General Putnam, by common consent, seemed to be regarded as their principal chief and leader. He had been one of the veterans of the Revolution, and was much respected, as may be inferred from the many confidential appointments he received from government; chiefly on the nomination of President Washington. After his elevation to the bench, he was appointed a Brigadier General, in 1792. In the year following, he was commissioned to negotiate a treaty with the Indians, at Vincennes; in which he succeeded, and accomplished the object which the Government had in view, to their entire satisfaction.

In 1796 he was appointed Surveyor General, there being