integrity, prudence and ability, have constituted and appointed, and by these presents do constitute and appoint, you, the said Arthur St. Clair, governor, in and over the territory of the United States of America, northwest of the river Ohio; and commander-in-chief of the militia therein;' to order, rule, and govern the same, conformably to the ordinance of the 13th July, 1787, entitled, "an ordinance for the government of the territory of the United States, northwest of the river Ohio," which is hereto affixed; and we do hereby give and grant to you, the said Arthur St. Clair, all the powers, authorities and prerogatives assigned to the governor of the said territory in and by the said ordinance. And we do strictly enjoin all persons to pay due obedience to this our commission. This commission to take effect from the 1st day of February, 1788, and to continue in force for the term of three years thereafter, unless sooner revoked by Congress. In testimony, &c."

Commission of one of the Judges.

"The United States in Congress assembled to Samuel Holden Parsons, Esq.

"We, reposing special trust and confidence in your wisdom, uprightness and integrity, have constituted and appointed, and by these presents do constitute and appoint, you, the said Samuel Holden Parsons, one of the judges in and over the territory of the United States north-west of the river Ohio, with full power and authority, in conjunction with one or more of the judges of the said territory, to form a court, with all the powers and authorities incident to a court having a common law jurisdiction, and to exercise all such powers, and perform and execute all the duties directed by the ordinance of the 13th July, 1787, entitled "an ordinance for the government of the territory northwest of the river Ohio," which is hereto affixed; giving to you, the said S. H. P., all the powers and authorities assigned to a judge of the said territory, in, and by the

ordinance aforesaid; and we do enjoin all persons to pay due obedience to this our commission. This commission to continue and be in force, during good behavior, or during the existence of the government established by the ordinance aforesaid. You residing within the said territory. In testimony, &c."

The other two judges, were James Mitchel Varnum, from Philadelphia, and John Cleves Symmes, of New Jersey. Mr. Symmes had not arrived, but was expected on soon. Winthrop Sargent, secretary of the territory, was a native of Boston, but latterly a citizen of New Hampshire.

The judges who succeeded these in the territory, were S. H. Parsons and J. C. Symmes, re-appointed by the president, with the advice and consent of the senate, and William Barton, in place of J. M. Varnum, deceased, August 20th, 1789. In September, 1789, George Turner was appointed, Mr. Barton having declined the office. In March 31, 1790, General Rufus Putnam succeeded S. H. Parsons, deceased. Joseph Gilman was made a judge in place of General Putnam, who had received the office of surveyor general United States lands, in December 22d, 1796; February 12th, 1798, R. J. Meigs, jr., in the place of G. Turner, resigned. The judges Symmes, Gilman and Meigs, were in office when the general assembly of the territory convened, in September, 1799. (Chase's Stat. of Ohio).

The first laws for the government of the territory were published by the governor and judges at Marietta. The more important of these early acts, were "a law regulating and establishing the militia," July 25th, 1788; also "a law for establishing general courts of quarter session of the peace (and therein of the powers of single justices), and for establishing county courts of common pleas (and therein of the powers of single judges, to hear and determine upon small debts and contracts); also, a law for the establishing the office of sheriff, and the appointment of sheriffs. The court of quarter session was held four times in a year in

each county, and was composed of the justices of the peace, nominated and commissioned by the governor. Not less than three, nor more than five of these justices, were especially named in a general commission, for holding the said courts of quarter session. Three of them might hold special courts when required, one of them being of the quorum. In the year 1790, the number of justices was increased to nine in a county, and it received authority to divide the counties into townships, to appoint constables, overseers of the poor, clerks of townships, and to establish public roads.

The county courts of common pleas were composed of not less than three nor more than five persons, commissioned by the governor, and authorized to hold and keep a court of record. This court convened twice a year, in each county, at the places where the quarter sessions were held. In 1790 the periods were increased to four in a year and the judges to seven. A sheriff was appointed by the governor for each county, who took the oath of allegiance to the United States, and of office, and gave a bond of four thousand dollars. He had ample authority to suppress riots, keep the peace, arrest criminals, &c. (Pub. Aug. 23, 1788.) A court of probate was established, composed of a single judge, for the settlement of estates, recording of wills, &c. This court was opened four times in a year, and oftener if necessary. (Pub. Aug. 30, 1788.)

“A law for fixing the terms of the general court.

"The general court, for the territory of the United States, north-west of the river Ohio, held four sessions in a year for civil and criminal suits, at such points in the territory as the judges deemed most conducive to the public good, they giving timely notice of their sitting. The periods were the first Mondays of February, May, October, and December. Process, both civil and criminal, could be returned to this court at any place in the territory, where they might be

convened. They were not obliged to hold more than one court a year, in any one county. (Pub. at Marietta, Aug. 30, 1788; Chase's Stat. of Ohio.)

The law respecting crimes and their punishment, published on the 6th of September, 1788, shows that the principles of justice, morality, and good order, were deeply impressed on the hearts and minds of the governor and judges. The section for the suppression and prevention of profanity, irreverent and obscene language, with the closing one for the sacred observance of the christian sabbath, are worthy of all praise, and the particular notice of modern law makers. In accordance with the usage of that period, the punishment for theft and minor offenses consisted of fines, whipping, confinement in the stocks, and binding out to hard labor for a limited time, where the offense had been often repeated and the offender unable or refused to make restitution. For this purpose every county was provided with a pillory, whipping-post, and stocks, in addition to the jail. These emblems of justice were continued in Marietta, as a terror to evil doers, as late as the year 1812, or until the period of the introduction of the present penitentiary system.

CHAPTER X.

Preparations for Treaty at Duncan's Falls. - Indians attack and kill some of the guard. Treaty postponed. Destruction of the game by the Indians. -First sermon preached in Marietta.-County of Washington established. -Boundaries.—Proposal to give lands to actual settlers.- Address to shareholders. - Progress of the colony in 1788.-Great crop of corn.-Description of "Campus Martius," with a plate.- Public dinner to Gov. St. Clair. -Rev. Manassah Cutler preaches in "Campus Martius."- Character. — First court held in the territory.-Names of the judges.-Second court of quarter sessions.― Judges.- Names of grand jurors. - Griffin Green, a judge. Jos. Gilman and R. Oliver.- First death. - Number of settlers in 1788. Progress of the treaty. Good feeling to the colonists.-Articles of the treaty. Indians invited to a feast.— Transactions of the Ohio company.

Section twenty-nine. - Donation lands. — Regulations concerning them. -Early winter. People suffer for provisions. New road from Alexandria to Muskingum.

THE latter part of June, a party of thirty men, under the command of Lieutenant McDowel, of Fort Harmer, was sent up by water, with provisions and presents of goods to the falls of Muskingum, in preparation for the approaching treaty, which was expected to be held with the Indians on the arrival of Governor St. Clair. The place chosen for this transaction is about sixty miles from the mouth, on the right bank of the river, where the town of Taylorsville now stands. They were ordered up by Colonel Harmer, to erect a council house, and build huts for the comfort of the men, and the security of the goods against the weather. This remote spot was selected by the Indians, in preference to Fort Harmer, as being nearer their own homes, a well known and favorite locality, and not under the influence of a military post. They had commenced assembling from the different tribes, especially in large numbers from the Delawares. Among them was a band of Chippewa, and other