Early settlement of Warren, Trumbull Co., Ohio

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no. 30 ;

1876

1839454 RETVNOLrS HISTORICAL

GENEALOGY COLLECTION

\ ALLEN COUNTY PUBLIC LIBR

3 1833 02405 5979

WESTERiN RESERVE-

(

AND

NORTHERN OHIO

Historical Society

■JVo. SO.
]VLarch, 1876.

EARLY SETTLEMENT OF

WARREN, TRUMBULL CO., OHIO.

BY THE LATE

LEONAPvD CASE.

CLEVELAND :
Fairbanks, benedict & co., printers, herald office.

isve.

Xoo::f^O^Jb

EARLY SETTLEMENT OF TRUMBULL COUNTY, OHIO.

BY THE LATE LEON ARD CASE, OF CLEVELAND.

The writer of the following notes on the history of Trumbull
county, was, on the 10th of April, 1800, a lad thirteen years
and nine months old. On that day, he left Fallowfield town-
ship, Washington county, Pennsylvania, for the Western Reserve.
Passed by land to Beavertowu, detained there three days ;
passed on crossed the territorial line south-east of Poland, 1 7th ;
and arrived at Mahoning, near the afterward village of Warren,
19th, 4 P. M. He believes on that day there were not more than
20,000 inhabitants (exclusive of French settlements on the
Mississippi, Detroit and Mackinaw,) on the old North-west
Territory, notwithstanding the census of 1800 gives 45,065.

The usual incidents attended the journey until crossing the
south line, on 41° N. L. From there to Yellow Creek, in
Poland, was a very muddy road called "The Swamp." In
Poland, a settlement was begun. Judge Turkand Kirtland and
family living on the east side, and Jonathan Fowler and wife,
a sister of the Judge, keeping a tavern on the west side. From
thence our way was through woods to where was a family by the
name of Stevens, who had been there three years or more. The
wife's name was Hannah. With her, our family had been
acquainted. She said she had been there three years, without
seeing the face of a white woman. There our party and cattle
stayed over night. Next morning, we passed up the west side of
the river, (for want of means to cross it,) to James Hillman's,
and then through woods, on the old road made by the Connecticut

2 EAKLT SETTLERS.

Land Company, to the Salt Spring. There were some settlers,
Jos. McMahon among the rest, engaged in making salt. From
there we passed (through woods,) to the cabin and clearing of
Benjamin Davison, on the north half of Lot No. 42, in Warren,
town 4, range 4; then on one-quarter of a mile to a path
that turned east to the Fusselman place, on the south half of Lot
No. 35, and then to the residence of Eichard Storer, arriving
there about 4 o'clock, P. M., on the 18th day of April, 1800.

After our passage through woods and mud, the leeks on the
Indian Field on Mahoning Bottom made a most beautiful
appearance.

SETTLEES.

As near as the writer can recollect, the settlers then were, in
and about Warren,

Ephraim QtJiNBY, William Crooks,

Eichard Storer, Jo]srATHAi^ Church,

Frances Carlton, Joshua Church,

William Fektojst, Edward Jones.

In Howland,

John H. Adgate.
They camethere in 1799 and in the following winter.
Their families were,

Mrs. Quinby, Nancy, Samuel and Abrilla.
Mrs. Storer, two sons and a daughter.
John Carlton, William, Margaret and Peter,
Mrs. Fenton and two children.
Mrs. Jones and one child.

Mrs. Adgate, Sally, Belinda, Caroline, John H., Nancy,
(Jharles, Ulysses, James and one or two
more.
Caleb Jones, wife and child.
In May, 1801, George Lovelace settled on the north half of
Lot No. 37.

On and soon after the 18th of April, 1800, there arrived from
Pennsylvania,

EARLY SETTLERS — CONTINUED. 3

MESHA.CH Case and Magdalen his wife, Elizabeth, Leon-
ard, (the writer of this,) Catharine, Mary
Reuben and Sarah.
Henry Lane, Sen. and wife, John, Asa, Benjamin,

Catherine and Ann.
Henry Lane, Jr., and his wife Elsie.
Charles Dailey and wife, Jenny and several children.
Isaac Dailey & wife Effie, and several children.
John Dailey, wife and child.
Soon after these, came,

Benjamin Davison and wife, Ceorge, Liberty, Polly,
Prudence, Ann, Samuel, William, Walter,
James, Betsey and Benjamin
to their cabin erected by the old gentleman in the fall of 1799.
In June, 1800, there arrived, by the south route,
John Leavitt, Esq. and family.
Ebenezer Sheldon and family.
Sheldon and family passed on to Aurora.
Leavitt and family tarried in Warren, his family :

Mrs. Silence Leavitt, Will'm, John, jr., Cynthia, Sally,
Henry F., Abiah, Humphrey and some hired
men, Elam & Eli Blair, (twin brothers.)
About the same time there came

Phineas Leffingwell & wife.
John H. Adgate and family were already on their farm in the
south-west corner of Howland, (1600 acres, being 160 chains N".
& S. and 100 chains wide,) and had commenced improvements
in 1799. Besides the family before mentioned, they had with
them some help and old Benoni Ockum, an Indian of the Stock-
bridge tribe. They had resided there during the winter of 1799,
1800. A pleasant family.

In 1799, Benjamin Davison, Esq. purchased the Dorth half of
Lots 41 & 42 Warren. The old gentleman had erected a cabin
on the old road to Beavertown, on Lot 42, about 40 rods west
from the present 'buildings. In May 1800, the family com-
menced their labors for a crop.*

♦Wolves and bears committed depredations almost continually upon the cattle
and hogs, and other smaller vermin upon the domestic fowls. The wolves would

FIRST PREACHERS.

PKEACHING.

In June, 1800, Hez^-ry Speers, a preacher of the Bapdst
order, from our former neighborhood in Washington county. Pa.,
and an old acquaintance, visited the settlers ac Warren. Short
notice was given, and he preached a sermon in the forenoon in
the shade of the trees along the road south of the Mahoning,
about 60 rods from the house of Henry Lane, Sr. Perhaps 50
persons assembled. They gave him a v ery respectful attention.
This was the first sermon preached in Warren which has come
to the knowledge of the writer.

In the fall of 1800, Eev. Joseph Badger came, by order of the
Missionary Society in Connecticut, and for some time preached
to us occasionally in the private houses of the settlers.

Either in the fall of 1801, or early in 1803, Eev. Thomas G-
Jones, of the Baptist order, who resided on the Shenango east of
Brookfield, was engaged for every other Sabbath at Warren. He
it is believed, was the first preacher engaged regularly at Warren.
He continued until after 1806. Among the members of his
society were Isaac Dailey and wife, Samuel Burnett and wife and
Will Jackman and wife.

In the meantime, the Presbyterians were supplied with occa-
sional preachers; however, besides the Rev. Mr. Badger, the

approach even within two rods of the cabin, seize a pig, run off with it and eat
it, and as soon as the flock became still again, would return again and seize
another in like manner; pursuing their depredations to such an extent as to ren-
der it diflBcult to raise anything. The wolves wo ;ld likewise seize and destroy
the weaker cattle. In winter, when quite hungry, they were bold and would
oome among the settlers' cabins. The writer recollects one night in February,
1801, when the weather had been stormy— the wind then blowing a severe gale—
when the wolves attacked the cattle on the Bottoms, on Lots 35 & 43 in Warren.
The cattle gathered together in large numbers ; the oxen and stronger ones en-
deavoring to defend the weaker ones. They ran, bellowing, from one place to
another and the wolves, trying to seize their prey, howled fearfully. In the
morning, it was evident, that the oxen had pitched at the wolves, burying their
horns up to their sculls in the mud and earth. Several of the weaker cattie were
found badly bitten.

The bears preyed more upon the larger hogs ; frequently carrying off alive some
weighing as much as 150 pounds, though they preferred smaller ones.

The foxes and other vermin so preyed upon the domestic fowls, that for some
years it was difficult to keep any. That wolves prey upon sheep is usual wherever
they exist in the same vicinity ; but they were so bad about Trumbull, in its early
settlement, that the settlers were unable to protect the sheep from the ravages
of the wolves, for six or seven years.

IKDEPENDEJSTCE DAT. 5

writer does not recall their names. In about 1808, the Rev. Mr.
Dawes was regularly engaged. Among the Presbyterians, were
Benjamin Davison and Anna his wife, Thos. Pryorand Elizabeth
his wife, Elsie Lane, Lane, and John Leavitt and wife.

FOTJETH OF JULY.

In 1800 there was a 4th of July celebration at the place of Mr.
Quiuby. They were much at a loss for musical instruments. —
Elam and Eli Blair, the twin young men who came with John
Leavitt, Esq. — one a drummer and the other a fifer — surmounted
the difficulty. One found a large, strong, stem-elder and soon
made a fife. The other cut down a hollow pepperidge tree and
with only a hand-axe and jack plane made a drum-cylinder. With
the skin of a fawn, killed for him by William Crooks, he made
heads for the drum and for the cords used a pair of new plow-
lines belonging to M. Case. They discoursed most patriotic
music. Of course, all had guns. So, the usual amount of patri-
otism was demonstrated in proper style by music and the burning
of gunpowder. John Leavitt, Esq. played the militia captain. A
good dinner was had in a bowery. Toasts were duly given and
honored with the needful amount of stimulus. All v\rent oS"
merrily.

Quite a number of the guests Avere from abroad, among whom
were John Young, Calvin Austin and some others from Youngs-
town ; Gen. Edward Paine and Judge Eliphalet Austin from
the lake shore, and other gentlemen from other places.

OLD MERRYMAN.

When the first settlers came, they found in the land

Merryman, a perfect patriarch of a hunter, of some 60 winters.
He had for years been lord of the soil : his " right" there was
"none to dispute." But after the white men came — like the
natives — there was no place for him. Whence he originally
came, or whither he finally went, or how he was descended, the
writer hath no knowledge.

FIRST MILLS.

FLOUE MILLS.

The first grist-mill, for custom grinding, was on Mill creek
in Boardman. It was started (as currently stated) in the last of
Nov., 1799, and was the first mill erected on the Eeserve, unless
the mill erected by W. W. Williams at Newburg had priority.*

It answered a tolerably good purpose for the people about War-
ren,! until Hanry Lane, jr., and Charles Dailey put their mill in
operation in 1802. They commenced building their dam across
the Mahoning in 1800; but the winter flood destroyed their
work. They then exerted themselves to have their mill going in
1801, and the neighbors assisted, but they did not succeed until
the Spring of 1802.

* p. S. March 39, 1863. Saw Allen Gaylord, Esq. of Newburg village, who says
he came with David Hudsou, Will Wheeler Williams, etc,, in the spring of the
year 1800, removing with their families to the Reserve. He joined them in the
State of New York, at or near Ironduquoit, and came with them to Cleveland.
Williams stopped at Cleveland. Gaylord went with Hudson to the township of
Hudson. Gaylord was well acquainted with them in Connecticut. They were
both out in 1799, when Hudson surveyed Hudson and Williams erected the mills
on Mill creek, on Lot No. 464, front of now Newburg village. Williams had caused
the mill to be started before leaving the Reserve with Hudson in the fall of 1799.
They arrived in Con't. in November of 1799, and consequently the mill must hare
been set agoing in October. The mill was in operation when Gaylord arrived in
the spring of 1800. He has known it ever since.

He was informed that Williams was furnished with the materials for building
the mill, besides the donation of the lot of land No. 464. The deed of this lot
was made by Trustees Conn. Land Co. April 4, 1804, to Samuel Huntington, Re-
corded in Trum. Nov. 31, 1804, G. p. 45. This mill in Newburg must have been
the first started. Mr. Gaylord says the rock where the stones were quarried he
has seen, not long since, nearby.

The writer has seen in the accounts of Directors of Conn. Land Co. viz.
"1800, April, advanced W. W. Williams to erect mill at Cleveland, 255 83
33 pairs of shoes delivered W. W. Williams 33.00"

The 100 acre lot No. 464 deeded to S. Huntington, is said to have been part of the
consideration for the mill,

+ In February 1801, Benj'n. Davison, Esq. the father of the family on the north
half of Lot 43, Warren, his son Samuel, a lad about 16 or 17, and Ebenezer Earle
(brother of John Earle of Howland) a bachelor about 30, agreed to take a sled
load of wheat and corn to the mill on Mill creek in Boardman.

The sled had a new wood rack with two yoke of oxen. There was snow, but
rather thin sledding. These three with the team started pretty early in the day
for the mill, twelve miles distant. Soon after they started it grew warmer and
began to thaw. It was after dark before they got their grain ground, but know-
ing that the road (the road which the Connecticut Land Co. caused to be opened
from Poland, by the Salt Springs, Warren and to Painesville) would soon break,

FIKST MEECHAl^TS. 7

The stones were placed in a saw-mill, the bed-stone on the saw-
ing platform. Spur-wheels were placed on the jfiutter-wheel of
the saw-mill, one on the lower end of an upright shaft and
geared together. The running stone was placed on the upper
end of the shaft, and with a hoop and appurtenances, ground
tolerably well ; but each customer had to bolt his own flour.

It was said that the builder had a favorable contract for a piece
of land, on the conditions that he should have a saw-mill and
grist-mill running by the first ot December, 1799. He found the
time growing short and resorted to the above device in order to
comply with the letter of his conditions.

MERCHANTS.

The first supply of merchandise which the writer recollects
was under the control of James E. Caldwell who, with an
assistant, about once in two weeks poled a canoe up the Mahon-
ing— in 1801. When he came in sight of a settler he blew a
horn, and those who wanted goods resorted to the canoe for a
supply.

Either in the fall of 1801, or early in 1803, George Lovelace
opened a small shop in Warren, on the east side of Main street
and some rods north of South street.

About the same time, Boyle Erwin set up his nephew, Robert
Erwin, with a small assortment of goods in a building nearly
opposite Holliday's tavern-stand (lately Walter King's place.)*

and likewise the ice over the Big Meander, they started for home in the night.
They had not gone far before the ice over the mud-holes began to give way. Old
Mr. Davison went forward to pilot the boys along the muddy places, particu-
larly where the brush and logs were turned out and piled up like winrows. He
would frequently break through. Then he would call to the boy^, "Turn out,
boys, turn out!" " a bad place here." When they came to the Meander it had
risen so as to be above their sled beams. In order to save their load from the wet,
they placed chains crosswise at the top of their rack, laid poles, crosswise with
the chains, on them and piled their bags upon the poles. At a little more
than half way across, the weight crushed down the rack. They and their load
together found the water. It was up to their knees. However, they drove on. It
was about four o'clock in the morning when we heard them half a mile off. Soon
after, they reached my father's— the first house after leaving the Salt Springs— not
much the worse, after they got dry. The water did not penetrate into the mtaj
bags much. This was the first trip to mill by the two families of Case and Davi-
son. Previous to that time the hand-mill had been brought into requisition.

♦August 1.— 1860, I saw a notice of the death of Boyle Erwin, near Pittsburgh, a
few days aince, aged 88 years. He closed Robert's affairs at Warren in 1807.

8 FIRST MAIL ROUTE.

In 1820 or 1803, Zebina Weatherby and James Eeed started a
rather larger store, (on the site lately occupied by Leicester
King,) and for several years did a considerable business, selling
merchandise and driving cattle.*

MAILS.

The first post route established to Warren was from Pittsburgh
to Warren, upon application to the P. M. G., from Elijah Wads-
worth, of Canfield, by letter of 30th April, 1801. It was not
carried into effect before 24th October, ISOl.f

General Wadsworth was well acquainted with Gideon Granger,
the P. M. G., who (Mr. G.) had also a large interest on the Re-
serve.

The appointment of Simon Perkins bears date October 24th,
1801. Eleazar Gilson was first engaged as mail-carrier. Giison
probably carried a short time.

The first mail delivered at Warren was October 30, 1801. It
seems probable, however, that the mail carrying was not very
regular until July, 1802. A letter post-marked at Ohillicothe,
January 19, 1802, from Hon. George Tod to Col. Samuel Hunt-
ington, at Warren, has a note on it requesting Mr. Perkins to
procure the letter to be forwarded to Col. Huntington. Major
Perkins had a post-oflBce at Youngstown February 10, 1802.
Hon. George Tod says in a letter, of that date, to S. Huntington
that a letter had lain in that office some time. Elisha Tracy
also speaks of it May 15th, 1802. Thus it appears that strict
regularity was wanting as late as May 15th, 1802.

Mr. Gilson, soon after his contract to carry the mail, appointed
Joseph Mclnrue as his deputy mail carrier. The writer saw
Mclnrue on the route some two miles southerly from Warren,

*Weatherbee died September 1811 or '13. Reed left for parts unknown in 1815.

+The Route.— From Pittsburgh, on the south side of the Ohio river, to the
mouth of the Beaver, say 27 miles; over to Ft. Mcintosh, John Coulter, Post-
master; back to the south side of the Ohio and to Georgetown, 13 miles,
John Beaver, P. M. there; direct to Canfield, on the Reserve, 37 miles, Capt. Elijah
Wadsworth, P. M. there ; then to Youngstown, 8 miles, Calvin Pease, P. M. there ;
thence to Warren, 13 miles, to the teruiination of the route, Simon Perkins, P. M.
there ; and return once a week.

ORGANIZATION OF COUNTIES. 9

with the mail matter tied up in his pocket-handkerchief along
with the key for the Warren oflEice, and understood that he had
delivered others on the route. The Warren key had attached to
it a label of wood on which was the date of its first delivery at
Warren — July, 1802 — plainly marked. This key was in the
office of General Perkins in 1806 and several years after, wher-
ever the office was kept, until 1816, when the writer left Warren.
The General kept the office at his boarding house, the tavern of
John Leavitt, Esq., and [follows copy,] with some aid until
1804 — a part of 1805 was kept by the Clerk of the Court,
George Phelps, on the lot after owned by Leicester King. Then
at the log office of the General, fall 1805— all 1806. Early in 1807
by George Parsons at the Calvin Austin place — and then on the
Jackman lot, Liberty street — until the new court house was
finished. Then by Samuel Quinby, for a time, and then, as the
writer has been informed, by Samuel Chesney for several years.

GOVERNMENT.

The history of the Western Reserve of Connecticut is among
the various items of evidence which go to show that a majority
of the members of Congress believed that all the waste and
western lands belonged to the United States, as a nation, after
allowing to the chartered colonies a reasonable territory as occu-
pied by each ; and that Congress never did, nor would admi t
that the claiming colonies, had title to any more lands than had
been occupied and used by each to a reasonable extent, until an
actual adjustmeot took place. It was so with the Reserve.

WASHINGTON COUNTY.
After the organization of the N. W. Territory in 1788, the
Governor, St. Clair, included the Western Reserve east of the
Cuyahoga in Washington county, which was bounded : Beginning
on the Pennsylvania line, at its crossing of the Ohio river and
by it to Lake Erie; along the southern shore to the Cuyahoga;
up it to the Portage; to the Tuscarawas; down that stream to
the crossing above Fort Lawrence; then westerly to the Big
Miami; south, etc.; to the beginning. (See III Chase, 2,096.)

10 ORGANIZATION OF COUNTIES.

WAYNE COUNTY, MICHIGAN.

In 1796, Wayne county,* Michigan, included west of the Cuy-
ahoga, etc., to the head waters west of Lake Michigan, which
drained the country into it; north — to Lakes Superior, Huron
and Erie— and the territorial line. (Ill Ch., 2,096.)

JEFFERSON COUNTY.

Established July 29, 1797, included all of the Reserve east of
the Cuyahoga. (Ill Ch., 2,096.)

TRUMBULL COUNTY.

In the years 1799 and 1800, an arrangement took place between
the United States and Connecticut and its purchasers of the
Reserve, and deeds were passed May 30, 1800, whereby Connecti-
cut ceded to the United states the political jurisdiction, and
Congress confirmed to Connecticut the title of the land, for the
benefit of its purchasers. This transaction first gave the assent
of Congress to the title of Connecticut.

♦Howe, in his book, page 518, makes a material mistake in relation to Wayne
county, by connectlns the Wayne county established by Governor St. Clair, Aug.
15, 1796, with the present Wayne county in Ohio. The Wayne county established
by Governor St. Clair was bounded as stated by Howe; but all that part of it
north of the north boundary of Ohio was cut oflf by organizing Ohio and remained
Wayne county in Michigan. All the records, doings, archives, etc., remained in
Wayne county. Michigan, in Detroit, and are there still— in I860. That part of the
old Wayne county remaining in Ohio, so much as was included in the Western
Reserve, was included in Trumbull county, established July 10, 1800. It is very
uncertain what county or counties had .iurisdiction over the residue, until, under
the State authority, counties were erected covering it. The present county of
Wayne is composed of part of the territory of the old county. It was established
February 13, 1808, and embraced the land south of the Western Reserve, north of
Wayne's Treaty, or U. S. Military District lines, west of 10th range, east of 16th
range ; was attached to Stark until organized March 10, 1813 The territory inclufled
in the first Wayne, cut off by Ohio south and west of Western Reserve was disposed
of after the State was organized. In March, 1803, the Legislature elected:

Columbiana County— And took from Jefferson county near the Muskingum
—but little.

Montgomery County— Extending on the west and north to the lines of the
State.

Greene County— East of Montgomery, north to the State line, and east to a
line near the Scioto and Sandusky.

The land east of that remaining of the territory of the old Wayne county, east of
about Sandusky river, to the west of the Reserve, and south of it as far as Tus-
carawas, seems not to have been included in any county until 1820, excepting
what was included in Richland, Wayne and Stark, south of the Reserve. (See
Chase lU from 2,098 to 2,106.)

CONTEST FOR COUNTY SEAT. 11

On the 10th of July, 1800, Governor St. Clair erected the
whole of the Reserve into Trumbull county, bounded : South by
41° north latitude, and west 120 miles west from Pennsylvania ;
north by latitude 42° 2', and east by Pennsylvania. (Ill Ch.,
2,097,) and forthwith appointed officers and organized it with
the county seat at Warren.

The first court was held August 25th, 1800, at 4 o'clock, P. M.,
between the corn-cribs of E. Quinby, on Main street, fronting
the Brooks' House, just south of Liberty street. These cribs
had regular clapboard cabin roofs — not as Lane says, covered
with boards.

After this the southeast towns became more thickly inhab-
ited, and the inhabitants in that quarter wished the county seat
removed to Youngstown. A hewn-log jail, which had been
erected on the northwest part of the Square, was burned on the
28th* of February, 1804, and thereupon exertions were seriously
made to have the county seat removed to Youngstown.

GEAUGA COUNTY

Was set off December 31, 1805, including townsf No. 8, west to
west of line of range No. 5 ; then south to the north line of
town 5 ; then west to the Cuyahoga. Geauga was organized
March 1, 1806.

ASdTABULA AND PORTAGE COUNTIES
Were erected February 10, 1808, and the towns No. 8 included in
Ashtabula. (Ill Ch., 2,105.) The towns No. 8 were set back
to Trumbull county on the 20th of February, 1809. (Ill Ch.,
2,110.)

"TOWNS NUMBER EIGHT."
The inhabitants of the townships No. 8, as far west as to in-
clude the 5th range, complained that, during the struggle
and contest about the county seat betweeen Warren and

*The date of the burning of the log- jail was found in a letter from Calvin Pease
to Samuel Huntington.

tThese "towns No. 8" were a bone of contention, and were several times set
back and forth to Trumbull and Ashtabula. Judge Solomon Griswold said they
had no priYlleges in either county, and were sued in all.

12 COiTTEST FOR COUNTY SEAT.

Youngsfcown, from 1804 to 1809, they had no privileges in either
of the adjoining counties, and were sued in all of them. How-
ever that might have been, the struggle was severe.

The southeasterly part being the most densely inhabited,
generally carried the election of a representative favorable to the
Youngstown interest, until in 1809, as mentioned below. The
Warren people were therefore compelled to appoint and support
" lobby members " to attend to their interests at Chillicothe,
which was no little bill of expense, besides the vexation.*

STRIFE FOR COUNTY SEAT.

Until the year 1809 aliens were permitted to vote at elections.
There were many such in the southeast part of Trumbull, and
with their aid elections were carried. It was found after the
election in 1809, that the representative and commissioner
favorable to Youngstown were elected, but if the votes of aliens
should be thrown out, the representative, Thomas G. Jones, and
commissioner favorable to Warren would be elected. The elec-
tion was contested.

In the September previous, the writer, then a little over 33
years of age, had been elected a Justice of the Peace. His com-
mission hardly dry, he and William Cliidester, of Canfield, were
selected as the Justices to take the testimony ; the first day in
Hubbard, next in Youngstown and last in Poland. The aliens
were mostly Irishmen and were greatly excited ; 1st, because
they considered the proceeding as striking at their liberties ; and
2d, as a party measure. Daniel Shehy made a flaming speech at
Hubbard an hour and a half long. The Justices had to force
him to silence.

Homer Hine was for the respondents ;

J. S. Edwards for the contestants.

Many of those summoned to give testimony refused to testify,
until about to be arrested and sent to jail — then they agreed to

*In the struggle about county seats E. Root, John Kinsman and others wanted
a county seat on the east line of the Keserve. Elias Tracy wanted it on the cor-
ners of Morgan, Rome, Lenox and New Lyme, or all New Lyme, No. 9, 3d range—
his town.

CONTEST FOE COUNTY SEAT. 13

and did give their teatimony. About one hundred depositions
were taken.

The next day, in Youngstown, about the same course was at-
tempted by the witnesses, but the Justices compelled the business
to proceed, and took something more than another hundred de-
positions.

The next day after, at Poland, the same course was again
attempted ; but the Justices put Shehy under keepers during the
day and progressed with their business. They had a very bois-
terous time of it.

They took in all some four hundred depositions, which, upon
trial turned the election in favor of Warren.

A contract was soon after entered into for the building of a
Court-House and Jail. This ended the contest about the county
seat. It was extremely bitter while it lasted — some five years —
whole townships giving their vote on one side or the other with-
out a dissenting vote.

REMINISCENCES OF BENJAMIN LANE.

WARREN IN 1799— THE FIRST SETTLERS.

[extract prom a warren newspaper.]— (date NOT KNOWN.)

"For the following reminiscences of the first settlement in this
county, we are indebted to Mr. Benjamin Lane, who still resides
on the same spot which his father bought in the year 1799, and
who lived in the first house built in this county — as bounded at
present.

The first white man who purchased land in this township, for
actual settlement, was the late Hon. Ephraim Quinby, (Note 1)
who bought the land on both sides of the river, on which this
town now stands, and also the land still owned, and occupied by
his son, Hon. Samuel Quinby.

Mr. Quinby arrived here, early in the spring of 1 799, probably
in the latter part of March, accompanied by Mr. William Fenton
and wife, and William Carlton, and his sister Peggy Carlton. —
(Note 2.)

The first house built in the township stood on the south side
of the river, and on the east side of the road, just opposite Mr.
Lane's present residence.

This log-house was built by Mr. John Young, (the proprietor
of Youngstown, Mahoning Co.) in the spring of the year 1798.

He then owned the land where Youngstown now stands, but
owned no land in this township, and he came here to raise corn,
there being about twenty acres of land (once owued by the late
Judge Freeman) which had been cleared by the Indians, probably
very many years before, as the stumps of trees had all rotted out.

FIRST HOUSE. 15

There were also some sixty acres on the south side of the river
which had been cleared, part of which now belongs to the Fus-
selman farm, and part to Mr. Benjamin Lane's home farm.

Several other pieces of the Mahoning bottom land in this
vicinity, between this place and the Salt Springs, had been cleared
amounting in all, to several hundred acres. Mr. Young planted
some seventeen or eighteen acres of the land on this side of the
river, in corn, occupying the house afore-mentioned, until the
crop was gathered, stored it iu the house until snow fell in the
winter, when he hauled it to Youngstown.

Mr. Henry Lane purchased two hundred and fifteen acres,
fifty-five acres of which, lay on the north side of the river, and
now belongs to Mr. Charles Smith. The balance, one hundred
and sixty acres on the south side of the river, belongs to Mr.
Benjamin Lane, and upon which he has lived since the first
purchase.

The first house built within the corporate limits of Warren,
and the second in the township, was built in the spring of 1799,
by Hon. Ephraim Quinby, and stood upon the west side of Main
street, on, or near where the post-office now stands. The next
house built, was also bv Mr. Quinby, in the fall of 1799 ; and
was on the corner of Main and South streets, near where the C.
& M. R. R. Depot now stands. This was of logs, partially hewn.
One room, about ten feet square, was used as a jail for several
years. (Note 3.)

The hewed log-house which still stands on the east side of the
road, opposite Mr. Lane's house, was built in the summer of the
year 1800, and adjoined the house first built. In April 1799, Mr.
Henry Lane, accompanied by his son John, and Mr. Edward
Jones, came ; Mr. Henry Lane purchased his land, then returned
to Washington Co., Pa., his son John, and Mr. Jones remained
here, and planted corn, (about five acres,) on the bottom land
which now forms a part of Mr. Benjamin Lane's home-farm.

The corn land was not fenced in, because there were no ani-
mals except deer, to disturb it, and they troubled it but little.

In October of the same year, Mr. Henry Lane returned, and
this time his son Benjamin came with him.

16 FIRST WHITE CHILD.

Mr. Lane brought one hundred small apple trees, tied in two
bundles, and strapped on the horse, Benjamin Lane (then a boy
of fourteen years) riding the horse, and sitting between the
bundles of apple trees. These trees were immediately planted,
and some of them are still living, thrifty bearing trees.

About the 10th of December, Mr. Lane and his two sons
returned to Pennsylvania, leaving Mr. Jones aud his wife in
the house.

The next April, Mr. Lane returned with his family, consisting
of his wife, the two sons before mentioned, and another (Asa)
and two daughters, Catherine (now Mrs. John Tait, who still
lives in Lordstown,) and Anne, who married Samuel Phillips,
and died some eight years since, in Austintowu, Mahoning Co.
Mr. Asa Lane returned to Pennsylvania about the year 1820,
and died there.

Before the return of Mr. Lane, in the spring of 1800, Mr.
Jones had built a house on the farm, now owned by Mr. Isaac
Daily, on the west side of the river, and removed there with
his wife.

There was born of Mrs. Jones, in February, 1800, the first
white child in this coanty. This was a girl, who married with
William Dutchin, about the year 1820, and died some twenty
years since. Mrs. Jones, the mother, is still living in Austin-
town, Mahoning Co. (Note 4.)

In the summer of the same year, 1799, Captain John Leavitt
and Ebenezer King, (who with Ebenezer Sheldon, first bought
this township from the ConnecUcut Land Company) came, and
brought with them Mr. Wil'm Crooks, with his wife. (Note 5.)

Messrs King, and Leavitt returned to Connecticut in the fall
Crooks and wife remaining.

Before their return, they built a log-house, cleared some
eighteen acres of land, aud sowed it with wheat, on what is
now called the Murburger farm, two miles west of this place.

This wheat was the first raised in the county, our informant
being one of the reapers ; in July 1800.

FIRST MtJRDER. 17

In June, 1800, Mr. Leavitt (called Esquire John) returned
with his family, consisting of his wife, four sons, and three
daughters.

All of these are now dead, except one of the sons, Hon. Hum-
phrey Leayitt, of Steubenyille, 0.

During the year 1800, about twenty families came in, and set-
tled in this township ; built houses, and made clearings. One,
Mr. John Adgate with his family, settled in Howland, where his
grand-son, Mr. Adgate, now lives. Salt was very scarce, very
difficult to get, and sold for $16 per bushel. At the Salt Springs,
in Weathersfield, in July 1800, Joseph McMahon and two other
men were engaged in making salt.

The Indians were numerous in the vicinity at that time, and
some fifteen or twenty of them who had been at Youngtown
and purchased some whiskey, came to the Salt Springs with their
squaws and pappooses, and had a drunken spree, in which
MeMahon and the two white men joined. In the course of the
spree, they got into a row, and the Indians drove the white men
off.

The whites came to this place, and the next day returned,
accompanied by eight or ten other men, among whom were Mr.
Ephraim Quinby, Messrs. Benjamin, John, and Asa Lane, John
Bently, Eichard Story, and Jonathan Church, and others armed
with rifles. When they reached Salt Springs, they found the
Indians encamped there. McMahon went up to the chief, whose
name was Tuscarawa George, a man of immense size (who boast-
ed that he had killed 112 white men,) and spoke to him in the
Indian language. The Indian sprang to his feet, seized his tom-
ahawk which stuck in a tree at his side, and struck at Mr.
McMahon, who dodged the blow, at the same time presenting
his rifle, fired and killed the Indian.

At the same time. Story also fired, killing another Indian,
called Spotted John ; the bullet passing through the body of
John, breaking the arm of one pappoose, the leg of another,
which was in the arms of a squaw, and just touching the neck
of the squaw, and raising a blister.

18 NOTES BY MR. CASE.

The whites in this vicinity, were greatly alarmed, for fear the
Indians would make reprisals, and for about two weeks, they all
barricaded themselves within Mr. Quinby's house every night,
but they were not attacked.

The day after the affray, Mr. McMahon was arrested, taken to
Pittsburg, and confined in Jail for some weeks, until some time
in August, when he was brought back to Youngstown, tried, and
acquitted on the ground of self-defence. McMahon immediately
left this part of che country, with his lamily, and returned to his
former home in Pennsylvania.

Story left before he could be taken, and was not afterward ar-
rested." (Note 6.)

NOTES BY LEONAKD CASE, Sen.

On Benjamin Lane's statements above quoted, in relation to matters that
happened about the year 1800, made from memory only ; as he had never
taken notes in writing, they are of course subject to many allowances. He
does not mean to contradict any other person, but merely to state matters as
they remain in his recollection. His statements from hearsay, are generally
from the relation of some one or more, who were present at the time stated.

STote 1. Richard Storerwas the neighbor of Ephraim Quinby, in Wash-
ington CO. Pa. for several years before 1799.

They came together to the Reserve in the fall of 1798, and purchased land.
Quinby, the whole of lot 28 in Warren, and perhaps more ; Storer, the south
half of lot 35 (the Fusselman place.) In the Spring of 1799, they came to
their respective places, bringing hands with them, and each commenced
improvements, and putting in crops, corn, &c.

In April, Storer erected his cabin where the Fusselman buildings are.
Quinby had a small building on the bank at the Mill-dam, a little way north-
west from the residence of Judge Austin.

Will Fenton and wife, &c. lived in it. He built the house part of the log
house and Jail (Jeremiah Brooks occupied the same after 1807.) Adjoining
the same, were the hewn logs of a hous'^, raised and covered in 1799, and
finished in the spring of 1800. John Shaffer, carpenter.

KILLING OF THE INDIANS. 19

Soon after April 1799, Henry Lane Sr., his son John, and step-son Ed-
ward Jones, and Meshach Case went to view the country. Lane purchased
their home farm ; and left his son John, with Jones, to raise corn.

On that farm, was the cabin spoken of in Lane's statement.

M. Case returned without purchasing then ; but he came out a2;ain in
August, and purchased the south half of lot 42, 198 acres ; cleared some
two acres, and erected a cabin— nothing more than a shell and cover — and
returned to his home in Washington Co. Pa., in the last days of September.

Wote 2. When Quinby returned in the spring of 1799, there came out
with him the Carlton's, viz. : Francis the father ; sons, William, John and
Peter, a boy ; and daughter Margaret.

He purchased from Quinby, a part of lot 28— afterwards owned by Gen-
eral Perkins,

Wote 3. In the vdnter following 1799, E. Quinby removed Mrs. Quinby,
Nancy, Samuel, Abrilla, and perhaps William.

Storer had removed Mrs. Storer and three childi-en not long before — it
was after the fall of 1799.

Mrs Stevens had two children born, near the crossing of the river, below
Yoimgstown, before April, 1800. She said she had resided there three
years, before seeing the face of a white woman.

JVote 4 Query : Why did not Benjamin Lane state that about the time
his father removed out in the spring of 1800, the family of M. Case came
along the same road ? and that next came Henry Lane, Jr., and liis wife
Elsie, Charles Daily and wife and family, Isaac Daily and wife and family,
and John Daily, wife and child — all from the same neighborhood !

Note 5. It is hardly necessary to correct the statement about the pur
chase of land by Eb. King and John Leavitt, in 1799. King and Leavitt
were members of the Connecticut Land Company, and were the original
owners of land, in common in drafts Nos. 8, 9, 10, and 11, made in 1798.,
These drafts were made on $51,613.92 stock, which drew 78,497 acres of
land, among which was the township of Warren. Leavitt and King had
their lands by partition deeds, out of the land drawn. (See Trumbull
County Records and Drafts of Connecticut Land Co., Recorder's Office,
Warren, Book D., 114, 136, 123—1801, April, etc.)

Note 6. About the killing of the Indians at the Salt Springs in the latter
part (about the 30th, Sunday was the 27th) of July, 1800, the writer hesi-
tates to saj'- much, as he has seen several accounts of that transaction,
Which differ materially from each other, as well as from the account given
by Benjamin Lane.

But as the writer saw part, and heard more from those who were present,
he will give a short statement of the transaction as he recollects it.

Jos. McMahon and wife, and perhaps three children, had been about

20 Mcmahon's statement.

Warren in 1797 and 1798, and perhaps earlier, among the Indians, and but
little if any better than they. In 1799 he had erected a small house near
the southwest corner post of Howland, at the south end of the Goose Pond,
which he left in the spring of 1800, and went to the Salt Springs.

He had taken about four acres of bottom land from Storer, at the south
end of the bottom, to raise corn, and in the spring of 1800 planted it.

In July, a party of Indians encamped about sixty rods up the Salt Spring
run ravine, at an old camping ground. The ravine was thick with bi'ush.
The camp ground was open, except some large trees.

The Indians got whisiiey, and had a general drunken revel, in which
McMahon and some other whites joined. The whiskey of the Indians having
been exhausted, the whites were not satisfied, but sent to Quinby's at War-
ren, and obtained a small further supply.

The Indians suspected this, but the whites denied it, and would not let the
Indians have any.

On, say Tuesday, McMahon left, and went to Storer's to tend his corn.
Soon after he had left, the Indians began to tease his wife — wanted her to
serve as squaw — and finally threatened to kill her and her children.

On Thursday the wife, taking one child in her arms, and leading the
others, went to Storer's, where her husband was, stayed over night, and he
went back with her and the children in the morning. (The writer, after
much reflection, is in some doubt whether Mrs. McMahon stayed that night
at Storer's, or whether he for some cause had started for home at the
Springs, and met his wife on the road— an old road long since abandoned —
near south line of Lot No. 41. At all events, they, McMahon and his wife,
were at the Springs next forenoon, had a conversation with the Indians, and
supposed the difficulties all settled satisfactorily at that time. At least such
was the statement at the time, as well by others present as by McMahon
and his wife. Joseph and John Filles were preseri!, who afterwards stayed
at my father's cabin three days immediately after the killing of the Indians. )
He had a talk with the Indians of the camp, and apparently settled the
matter.

They agreed to be peaceable, and he returned to tend his corn at Storer's.
Soon after he had left, the Indians began again to threaten the woman and
childi-en, and it was said, an Indian struck one of the children with the
handle of his tomaliawk.

Matters went from bad to worse, until on Saturday afternoon, the wife
again took the children, and started for Storer's. She met her husband on
the way, a short distance from Storer's, opposite my father's farm. They
returned to Storer's, and remained there Saturday night, telling over and
nursing their grievances.

THE NEGOTIATION. 21

On Sunday morning, the 27th, McMahon went up along the- river, among
the settlers, told over his side of the story, and begged for aid to go -with
him, and make a permanent settlement of the difficulty.

Most of the young and middle-aged men whom he met went with him.
He got together about thirteen men and two boys. (Among them were
Henry Lane, Jr., Ephraim Quinby, John Lane, Asa Lane, Richard Storer,
Will Carleton, William Fentou, Charles Dailey, John Bentley, Jonathan
Church, Benjamin Lane, McMahon, of course, and others whom I do not
recollect. The two lads were Thomas Fenton and Peter Carlton, about ten
or eleven years old, perhaps older.)

In those days it was customary for every man '^;o carry his gun, and the
party had each a gun, except the boys.

The writer saw the company passing his father's house, about ten o'clock,
on their way to the Springs. As the story was related at the time, they
passed along in a jovial manner, engaged in miscellaneous conversation,
* until they reached the run at the Salt Springs, below the camp.

There Mr. Quinby, who in those times was generally looked up to as a
kind of leader, called a halt. It was agreed that he should go up to the
camp, and see what the difficulty was, and return and let them know. The
others all stopped. He passed on ;to the camp. There the Indians lay
lolling about. Among them were Captain George, a Tuscarawa, who spoke
English, and John Winslow, a Seneca, called "Spotted John," because he
Mf&s part white.

He inquu-ed of Captain George, what was the difficulty between him and
McMahon, and his family. George answered : " Oh, Joe damn fool ! The
Indians don't want to hurt him or his family. They (the whites) drank up
all the Indian's whisky, and then wouldn't let the Indians have any of theirs.
They were a little mad, but don't care any more about it. They (Mr.
McMahon and family) may come back and live as long as they like ; the
Indians won't hurt them." Mr. Quinby retiu-ned to his comrades, expecting
to find them where he had left them.

But, in the meantime, they had sauntered up the path in the ravine, along
the run, and when Mr. Quinby met them, were just emerging from the
ravine and coming up the bank.

On meeting Quinby, all halted, except McMahon. He strode on and the
boys followed him. As he passed, Quinby said, "Stop, Joe," but he did
not heed it.

The others listened to the relation by Quinby, of what had passed at the
camp between him and the Indians.

In the meantime they had risen from the ^a^^ne into plain open view
of the camp, some twelve or fifteen rods distant, with only an occasional

22 . THE FIGHT.

larger tree between them ; and while Quinby was relating what the Indians
had said, Joe McMahon and the two boys had got to the camp.

Captain George was sitting on the root of rather a large tree, leaning
his body against the body of the tree, when McMahon approached him. The
other Indians, some five or six, and several squaws and papooses, were
lolling around the camp.

McMahon said to George — " Are you for peace or war? Yesterday you
had your men, now I have got mine." A tomahawk was sticking in the
body of the tree, immediately above the head of George. He sprang to his
feet, seized the tomahawk, and was in the act of swinging it, as if to sink
it into Joe's head, when Joe, being too near to shoot, jumping backward,
brought his rifle to bear, and instantly shot George in the breast. The blood
spirted nearly to McMahon. McMahon cried out, " Shoot ! shoot ! " to the
men standing in open view, without anything to screen them.

At the same instant the Indians jumped up, caught their rifles, treed, and
aimed at the whites. Of course the whites brought their rifles to bear, ,
Storer among the rest. Several of their guns were snapped, but missed
fire. The morning had been drizzling with rain and the guns were damp.
Storer saw John Winslow, (Spotted John,) aiming, as he supposed, at him,
and without further reflection, threw his rifle into position, (it was an ex-
cellent rifle and always in good order,) and fired.

At the same moment, Winslow's squaw was endeavoring to screen herself
and papooses behind the same tree with Winslow, and was directly behind
him.

Winslow's hips were all of him that was exposed. Storer's ball passed
through them, and passing on, broke a boy's arm, passed under the cords of
the neck of his girl, and grazed the throat of his squaw.
. The two boys, Fenton and Carleton, who were forward with McMahon,
seeing him shoot George, fled for home. The sound of the second gun
added to their speed.

They ran without halting, three and a half miles to Davison's, and
reached there so overdone that for sometime they were unable to tell what
had happened. They could only say "shoot," and then stop for breath. At
the camp, after the shooting, of course all was confusion, among the whites,
as well as the Indians.

The whites left the scene of action at rather a quick pace.

The writer saw the party on their return between one and two o'clock,
P. M. The Indians, it was said, dug slight holes, covered the- dead with
dirt and leaves, and all, except the squaw with her wounded children, fled
for the woods, expecting the whites would be after and murder them. They
took a path to Newton Falls, and there encamped.

. McMAHON ARRESTED. 23

They were afraid to hunt. The wounded squaw took her two wounded
children in her ai-ms, and started for the place of James Hillman, an old
Indian trader who lived near Youngstown — a distance of nine miles — where
she arrived, it was estimated, in an hour and a half.

None of the whites who went with McMahou had any expectation of
serious difliculty.

Some of them said, afterwards, that they thought while going there, they
discovered evil intentions in McMahon. Others thought differently.

The men who went with him went as peacemakers, and had no thought
of violence to the Indians.

There was not attached to them any blame, or even want of discretion.
As evidence of the opinions of those acquainted with the affair at the time,
Quinby was elected a member of the first General Assembly imder the Con-
stitution, in March, 1803 ; Henry Lane, Jr., has since been a member of the
General Assembly several times, and many others of that party have held
stations of trust and confidence. There was no moral turpitude attached to
any one else than McMahon.

The party, as was stated, returned in some haste to the settlement. Soon
afterwards, they put McMahon under arrest.

He was placed under guard, and taken to Pittsburgh, as the nearest place
where a prisoner could be kept.

Some of the inhabitants, who had not been engaged in the transaction,
thought that Storer ought to be arrested also. The gathering was at his
house, on what is now the Fusselman place.

He quietly observed what was going on around him. He concluded from
what he saw and heard, that he too might perhaps be arrested and put on
trial, and on reflection, believing that would be inconvenient he, about four
o'clock in the afternoon, walked into his cabin, put on his hat, took down
his rifle from its place on the hooks, and quietly walked off before them all,
saying he must go to look for his cows, and went west to the woods. (His
reflections were, as I afterwards heard him say — at that time we had no
organized government on the Reserve. The jurisdiction had been ceded to
the united States, but this was not known then among ordinary people at
Warren— Storer said he knew he had done nothing criminal. He had gone
to the Salt Springs with the intent, only and entirely, of settling a diflaculty.
He suddenly found himself in imminent and instant danger of being shot,
without any possible means of escape. He had shot to save his own life.
If he submited to be taken and tried, he had no knowledge of what law
he was to be tried by, or by whom he was to be tried. Under these
circumstances he deemed himself justified, in protecting his -own life,
by absenting himself from the power of those who sought to call him

24 THE INDIANS PACIFIED.

to account for the deed.) No one molested him, or tried in any way to
hinder him ; it was probably best, and that most present knew, for although
a very quiet and civil man, of as good moral character as any other, he was
an efficient man in whatever he undertook to do.

This I saw, and I am the more particular because I have seen a different
account of the transaction.

From that time all was confusion in the neighborhood. The whites,
supposing that the Indians would be upon them for vengeance, gathered in
squads for safety. They mostly met at Quinby's. All kept guard and
lookout.

On Monday Mrs. Storer mounted her two horses with her three children,
and what goods and clothing she could carry, and started for her former
home, in Washington county, Pa., alone, except that Mr. Asahel Mills of
Nelson, who was on his way to Beavertown, accompanied her as far as the
latter place. The rest of her property was left to such care as a few friendly
neighbors could give to it.

The report of the affray had spread like wildfire, and by three or four
o'clock of the same day, it had brought Hillman, John Young — afterwards
Judge — and some others to Warren.

Hillman, the Indian trader, had long been acquainted with Indians, and all
were anxious for his advice and assistance.

They prevailed upon Hillman to follow the Indians, and make some
arrangement with them.

A day or two afterwards, in company with, I believe, Mr. David Ran-
dall, he took with him the wounded boy, and followed the trail of the
Indians through the woods to their camp. They had been so much fright-
ened that they dared not hunt, and when Hillman came in sight they fled to
the woods, and even with the aid of the boy he found it difficult to induce
the Indians to return to their camp. They, however, did return, and
Hillman made with them a temporary arrangement, upon which the whites
returned to their houses, and the Indians to their hunting.

Afterwards the United States officers made some final arrangement, with
the particulars of which the writer is not acquainted.

At the time of that quarrel, the ordinary inhabitants were not aware of
the existence of any organized government upon the Reserve.

The United States had claimed political jurisdiction, and had included a
part of the Reserve, as far west as the Cuyahoga river, first in Washington
county, in 1788, and afterwards in Jefferson county.

In 1796, Wayne County, Michigan, was extended over all of the Reserve,
west of the Cuyahoga.

But until May 30, 1800, the Reserve was claimed as a part of the State of

McMAHon's tkial. 26

Connecticut, although that State had neglected to extend its laws over it.
In 1792-1800, laws were passed by Connecticut, authorizing the cession of
the political Jurisdiction to the United States, and Congress passed a law
authorizing the President to convey to Connecticut for the benefit of its
grantees, a title to the soil.

On the 30th May, 1800, deeds were exchanged. On the 10th July, 1800.
Governor St. Clair erected Trumbull county, and soon afterwards organized
it and appointed officers.

Until that time, the common citizens on the Reserve had supposed them-
selves without any legally organized government.

. . . James Hillman was appointed Sheriff, and John Young, presiding
Judge of the County Court of Quarter Sessions.

Several Justices of the quorum were also appointed, and on the 25th of
August, court was held, between E. Quinby's corn-cribs, where there is now
a street before the house of Quinby — the Jer-Brooks residences.

Early in the September following, by order of Governor St. Clair, a court
was held at Youngstown, by Judges of the General Coiu-t.

Return J. Meigs and the Governor in person, but not as a Judge, attended.

A jury was summoned by Sheriff and— law or no law, jurisdiction or not—
Joseph McMahon was put upon his trial.

George Tod and some other lawyers were for the people. John S. Ed
wards, and Benjamin Tappen, of the Territory, and Steel Sample, of Pitts-
burgh, were for McMahon. The most of the facts which have been stated
were given in evidence. After a full and fair trial the jury found McMahon
not guilty of miu-der — for which he was indicted.

So far as appeared in evidence, all was brawl and talk, until George
caught his tomahawk with the evident intention of burying it in the brains
of McMahon.

The writer has heard that verdict rather severely criticised, but he has no
doubt that it was in accordance with the law as generally applied to murder
— the evidence being as there given. Moreover, those jurors would have
compared favorably t^. ith jurors selected to try like cases at the present day.

Joseph and John Filles, two young men, who were at the Salt Springs
during the fracas, some three days afterwards stayed at the house of the
father of the writer. They both made a statement to us, which was never
given in evidence, which would have been material to show George's
motives ; it was this : During the drunken scrape, George several times
said that he had killed nineteen white men, and he wanted to kill one more
to make an even number. But the Filles left for the Ohio, and were not at
McMahon 's trial.

GENERAL REVIEW OF TITLE.

ORIGIN OF TITLE.

There are several questions of interest, which might have
arisen in the trial of McMahon and Storer, if they had been put
upon trial, from the uncertainty of who or what political power
had the real title to the Connecticut Western Eeserve, or whether
any law was in force upon it, at that time.

It is admitted by all, that Great Britain m 1664 owned the
land between latitudes W N. and 42° 2' N„ and that Charles
Second granted a territory, between those lin?s westward through-
out the precinct from sea to sea, to the colonists of Connecticut,
and claimed the title to it.

Between that time and 1763, the French king claimed the
same land west of the Alleghany mountains.

Wars ensued. Great Britain was successful, and, by treaty in
1763, obtained a cession of all west to the Mississippi. Connec-
ticut still continued her claim. In the treaty of peace, in 1783,
Great Britain ceded to the United States all her possessions we§t
to the Mississippi.

Many of the States forming the confederation in the United
States claimed all the lands westerly of the settlements, as
belonging to the United States by conquest, for a fund to pay thp
war debts, etc. The colonies having charters, claimed to the
extent of their boundaries, and unless France really had title
which she ceded to Great Britain in 1763, the colonies had good
title under their charters, which was doubtful if France had title

A GOVERNMENT ESTABLISHED. 27

which she ceded to Great Britain, and upon which the erown
could make title by conquest against its prior grants. However
this might have been, Congress admitted the claims of the char-
ter-colonies, and appealed to them for liberal grants for the bene-
fit of the whole. New York responded and made a release of
most of her western lands, March 1, 1781; Virginia, March 1,
1784 ; Massachusetts, 178-, and finally Connecticut executed her
release of all her lands in her charter, lying west of a line par-
allel with the Pennsylvania line, and one hundred and twenty
miles west from it, September 13, 1786— reserving what lay east
of it, which constitutes the Connecticut Western Reserve, nearly
three and a half millions of acres. Five hundred thousand acres
of the west end of the Reserve, she appropriated to pay sufferers
by fi/e, in the Revolutionary war, by act of her Legislature in
the year 1792, and sold the residue to a company, September 5,
1795, which company surveyed the same, east ot Cuyahoga, in
1796-7, and divided it and made actual settlement, sales, etc.

In the meantime, Arthur St. Clair, Grovernor of the territory
north-west of the Ohio river, established a territorial govern-
ment in 1788, and established counties.

Washington county extended up the Ohio from Scioto to
Pennsylvania ; then with Pennsylvania to Lake Erie, and with it
to Cuyahoga ; up it to the Tuscarawas, west to Scioto, and to the
first beginning. A regular government was established, laws
were enacted. In April, 1800, Congress passed a law authoriziog
the President to release all the United States claim to the right
of soil to Connecticut for the use of its purchasers, if Connecticut
would release all its claim of jurisdiction to the United States.
The Legislature of Connecticut, the same winter, passed a law
authorizing its Governor to release the said jurisdiction. Deeds
of cession were executed according to these acts, and mutually
exchanged the 30th May, 1800.

It seems pretty clear that Connecticut owned the Reserve land ;
at least that she owned and was in possession of the political jur-
isdiction up to May 30, 1800, but had always declined extending
her laws over it.

28 FIRST DEED PROM CONNECTICUT.

The Territory had passed various laws lor the government of
the Territory ; but could those laws have any operation on the
Reserve while Connecticut held the jurisdiction ?

It is believed not, nor afterwards until the law-making power
should, by express legislation, have extended those laws over the
territory of the Eeserve.

Such is the usual custom of the United States when Congress
purchases a territory. The laws of the United States are
extended over it by express legislation, or new laws are made
for the new government. The laws in force in the North-
western Territory were made without the concurrence of any
person on the Reserve, and they were nerer extended over the
Reserve by any express legislation.

The Superior Court of the Territory — Return J. Meigs and
Joseph Gilman, judges — on the application of George Tod, Cal-
vin Pease, Samuel Huntington, John S. Edwards and Benjamin
Tappan to be admitted as lawyers, at Marietta, in October, 1800,
decided that the Reserve had been part of Connecticut until the
deeds in May were exchanged, and admitted them without
further inquiry.

Then by what right, or by what law did the court at
Youngstown, in September, 1800, try Joseph McMahon for
killing the Indian at the Salt Springs in the last of July,
1800?

FIRST DEED FROM THE STATE, FEBRUARY, 1788, SALT SPRING
TRACT, TRUMBULL COUNTY.

The State op Connecticut,

TO

Samuel H. Parsons.

The State of Connecticut, one of the United States of America,
to all to whom these presents shall come, greeting :

Whereas, The State of Connecticut in General Court
assembled, by their several acts passed on the second Thursday
of October, one thousand seven hundred and eighty-six, and

BOUNDARIES. 29

on the second Thursday of May, one thousand seven hundred
and eighty-seven, did resolve, direct, and order that the land
belonging to said State, from the completion of the latitude
forty-one, to the latitude forty-two degrees and two minutes
north, and between Pennsylvania and a line drawn from the
mouth of the Cuyahoga river, where the same falls into Lake
Erie, and up the stream of said river to the Portage path ; and
thence by the Portage way to the head of the Muskingum river ;
and thence by a straight line to the Tuscarawas, at the south-
east corner of the Indian Reserve, and so southerly to the latitude
of forty-one degrees north, should be sold; and did appoint,
authorize, and empower Benjamin Huntington, John Chester,
and Thaddeus Burr, Esquires, a committee to sell said land —
townships of six miles square, or in part of townships — and.

Whereas said State in general court assembled, did resolve
and order, that whenever a purchaser or purchasers should pro-
cure a certificate from auy one of said committee, that he or
they have purchased and paid for any part of said lands, it
shall be the duty of the Governor of said State of Connecticut,
to execute a patent of such lands so purchased to the purchaser,
or purchasers thereof.

And, whereas, Benjamin Huntington, Esquire, one of said
committee, hath, pursuant to said resolves, certified to the
Governor of said State of Connecticut, that Samuel Holden Par-
sons, of Middletown, in the county of Middlesex, and State of
Connecticut, Esquire, hath purchased of said committee and
paid to him, said Benjamin Huntington the full amount thereof,
a certain tract of land parcel of the lands ordered to be sold as
aforesaid. And said Samuel Holden Parsons, Esquire, now moving
for a patent and full confirmation of said land as purchased as
aforesaid, now KNOW YE, That we, the State of Connecticut,
in pursuance of the several acts, resolves and orders of the
General Assembly before in these presents referred to — Do, by
these presents, fully, freely, and absolutely give, grant, ratify
AND confirm to the said Samuel Holden Parsons, Esquire, the
lands within the following boundaries, viz: Beginning at the

30 SCHOOL AND MINISTERIAL RESERVES.

north-east comer of the first Township, in the third Range of town-
ships ordered to be sold as aforesaid ; thence running northerly
in the west line of the second Range of said lands to latitude
forty-one degrees aud twelve minutes north ; thence west three
miles ; thence southerly parallel to the west line of Pennsylvania
two miles and one-half; thence west three miles to the west line
of said third range ; thence southerly parallel bo the west line of
Pennsylvania to the north line of the first Township in said
third Range; thence east to the first boundary.

Said lands, before described, being the lands certified by said
Benjamin Huntington, H^squire, to be purchased and paid for by
said Samuel Holden Parsons, Esquire, and lying within the third
Range of townships ordered to be sold as aforesaid. To have and
to hold all the said granted and described premises, with the
privileges and appurtenances thereof, unto him, the said Samuel
Holden Parsons, his heirs and assigns, forever, as a clear and
absolute estate in fee-simple, excepting the lands which are
reserved to be sequestered for the use of the ministry and schools,
agreeably to the acts and resolves of Assembly, before mentioned.

In witness whereof, the said State of Connecticut have caused
these presents to be signed by the Governor and Secretary, and
the seal of the said State lo be hereunto aifixed. Dated at Hart-
ford, this tenth day of February, Anno Domini one thousand
seven hundred and eighty-eight.

SAMUEL HUNTINGTON, Governor.

[Seal.] GEORGE WYLLIS, Secretary.

The lands mentioned in the within patent, as sequestered for
the use of the ministry and schools, and reserved and excepted out
of this patent, are one thousand acres only ; the remaining part
of the lands within the boundaries of this patent being paid for
by the patentee.

Certified this tenth day of February, one thousand, seven hun-
dred and eighty-eight.

BENJAMIN HUNTINGTON, Commiitee.

October 19, 1789.

A true record. Attest. ALBERT ENOCH PARSONS, Register.

certificate. 31

The State of Ohio, ) ^
Washi]s-gton County. ( ^^'

The foregoing is a true copy of the original record as recorded
in volume number one, at pages twenty-three and twenty-four.
In witness of which, I hereto subscribe my name officially.
WILLIAM B. MASON,

Recorder, W. Co., Ohio.
June 30, 1868.

SALT SPRING TRACT— ORIGINAL OWNERS.

GRANTOR. GRANTRE. PAGE. REMARKS. DATE OF DEED.

Parsons, Sam'l H..

1,240 EJiph Dyer 1, 1,240 acres of within tract, Mar. 10, 1788

340 Eliph Dyer 2. 340 " Mar.lO, 1788

1,111 Isaac Cowles 3, 1,111 " Feb. 21, 1788

1,722 Oliver BUswortli 4i U23 " Mar. 10, 1788

4,413 Oliver Ellsworth .5, >i part of 4,000 acres Feb.10,1788

1,111 David Bull 6, 1,111 acres of Conn, tract. .Feb. 21, 1788

1,320 Timothy Ho smer 7,2i320 " Feb. 31, 1788

'900 Jonathan Hart 8, 900 " Feb. 21, 1788

3,331 William Judd 9, 687 " Mar. 38, 1788

William Judd 10, 6-13 of the unsold land ....Feb. 21, 1788

5S5 Oad Wadsworth 11. 555 acres of Gonn. tract. .Feb. 31, 1788

1,111 Noadiah Hooker 13, 1,111 " Feb. 31. 1788

1,111 Will Wadsworth 13,1411 " Feb. 21, 1788

500 Elijah Wadsworth-. ..14, 500 " Feb 31, 1788

1,111 Solomon Whiting, Jr.l5, 1,111 " Feb. 21, 1788

565 Amos Porter 16, 555 " Feb. 21, 1 "88

395 Will Hillhouse 17, 395 " Feb. 21, 1788

5,338 Enoch Parsons 31, All his right and title to Conn, lands

13,082 includingSalt Spring,... Aug. 4. 1789

Matthew Carr 24, 8 acre lot July 5, 1789

Richard Butier 25, M of 4,000 acres and X of Salt Spring,

Nov. 5, 1788

Richard Butler .35, Article of Agreement for making Salt

Jan. 14, 1789

Richard Butler 39, H of 4,000 acres that I reserved of

Conn, lands Nov. 5, 1788

Matthew Carr 44, 8 acre lot, mouth of Muskingum,

July 15, 1788

F
Moses Cleveland 156, 1,817 acres.

H
Joshua Stow 396, 1,726 acres.

In thoie marked thus , a reservation of 4,000 acres around the Salt Spring

Is made.

GENERAL SAMUEL H. PARSONS.

; Judge Parsous, named in the above deed, seems to have been
an active, enterprising man, who had early examined the
western country. He is mentioned in Hildreth's History, pp.
190 to 209; Burnet's Notes, p. 40.

He writes a letter December 30, 1785, to some persons,
making inquiries about the country, saying he had been one
hundred and fifty miles westerly of the Miami.

He was one of a committj^e to frame a treaty with the Shawnee
Indians, and concluded it on the north bank of the Ohio at the
Miami, Jan. 31, 1786. (See vol. of U. S. treaties.) He was one
of the Ohio Company, formed by Manasseh Cutler, Rufus Put-
nam, etc., in 1786-7, and was one of its directors. He was one
of the first judges of the general court under the territory, and
was active in organizing the territory.

Connecticut did not release her claim to western lands, lying
one hundred and twenty miles west of Pennsylvania, until
September 13, 1786.

The Legislature, at its session in October, 1786, made pro-
vision for selling her Reserve lands east of Cuyahoga, and, as
appears by the above deed. Parsons soon afterwards purchased of
Connecticut about 25,000 acres of the Reserve lands.

When the writer first came to the Reserve, in April, 1800, it
was the current report that Judge Parsons and his assignees, had
made salt there ten or fifteen years.

The remains of foundations of cabins, of stone furnaces to
bold salt-kettles, fragments of kettles for boiling salt, decayed
timber and stumps, several acres of land run over and partly
cleared — clearly indicated that the white man had several years
before 1800, made settlement at those springs.

It is probable that Parsons was drowned on Beaver Falls the
the latter part of the year 1789, as he was re-elected or appointed

34 HIS DEATH.

a judge of the General Court, under the Constitution of the
United States, August 4, 1789, and in the spring of 1790,
Kufus Putnam was in his place as his successor. (Burnet, p. 40.)

The writer has just (1861, July 18,) seen a journal of the
doings of the " Cincinnati," held at Philadelphia, Pa., May 4,
1794, in which it is stated that General Samuel Holden Parsons
was drowned in Beaver Creek, Pa., in N. W. T., November 17,
1789, in attempting to pass the Falls in a canoe, one man only
with him.

Born, May 14, 1787.

®

B

N. MANCHESTER,
INDIANA

3