'U'- 
 
 
85 — Cutler (Ephraim). Life and Times of: 
 prepared from liis journals and corrt'spond- 
 ence, by his daughter, Julia P. Cutler. With 
 bios,raphical sketches of Jervis and Wm. 
 P. Cutler. 8vo.. ports., 354p. Cinci., 1890. 
 Ephraim M^as the worthy son of Manasseh 
 Cutler; his papers relat- to Ohio affairs 
 from 1795 to 1853, the Ohio Co.. Mariettn 
 settlement, War of 1812, etc_^.^^4^^ 
 
^M 
 
 Eng ^byAHSitcnie 
 
 JQI®(BE [EP^[a[^ADra (DIUT[LE[K, 
 
 OHIO VALLEY HISTORICAL SERIES. 
 
 Rot ert Clarlffi ^ C° Publisliers .CinciniLatL , . 
 
LIFE AND TIMES 
 
 OF 
 
 EPHRAIM CUTLER 
 
 'tTiE.T'ARED PROM li'S 
 I V - < J t 
 
 JOURNALS AND CORRESPONDENCE 
 
 BY HIS DAUGHTER 
 
 JULIA PERKINS CUTLER 
 
 WITH BIOGRAPHICAL SKETCHES OF 
 
 JERVIS CUTLER AND WILLIAM PARKER CUTLER 
 
 CINCINNATI 
 ROBERT CLARKE & CO 
 
 1890 
 

 COPYRIGHT, 1890, 
 
 By ROBERT CLARKE & CO. 
 
PREFATORY. 
 
 After the lapse of many years, it is not easy to collect 
 the materials for authentic history or biography. The 
 fragments which compose the " Life of Ephraim Cutler," 
 were gathered for preservation at the suggestion of his 
 son, William P. Cutler, whose lamented death occurred 
 before the work was finished ; and it has been a sorrowful 
 task to complete it without his advice and supervision, the 
 lack of which will account for many deficiences. 
 
 The great changes this century has produced make it 
 desirable to preserve some account of the conditions of 
 life, here in the West, during the early years of our his- 
 tory — conditions that have now passed away forever. It 
 is also well to note the facts connected with the organiza- 
 tion of Ohio as a state, and the introduction of those sys- 
 tems of state policy, which have contributed so much to 
 its prosperity. It is hoped that the life and services of 
 Ephraim Cutler, a true patriot and sincere Christian, will 
 not be thought unworthy of permanent record. 
 
 A short memoir is added of Jervis Cutler, one of the 
 original forty-eight who composed Putnam's band of 
 pioneers that began the settlement of Ohio, April 7, 1788. 
 
 The sketch of the life and character of the late William 
 Parker Cutler was written by E. C. Dawes, of Cincinnati. 
 
 Marietta, 0., May, 1890. J. P. C. 
 
 (3) 
 
 -V I l*-!. 
 
 
CONTENTS. 
 
 CHAPTER I. 
 Sketch of Manasseh Cutler — Early Life of Ephraim Cutler 1 
 
 CHAPTER II. 
 
 1795 to 1799 — Journey to Ohio — Marietta — Waterford — Salt- 
 making 17 
 
 CHAPTER III. 
 Settlement at Ames — School Lands 35 
 
 CHAPTER IV. 
 Territorial Legislature — The ('onvention 52 
 
 CHAPTER V. 
 1803 to 1812 — Surveying — Removal to Warren — Droving — A 
 
 Diary— War of 1812 83 
 
 CHAPTER VI. 
 
 Earthquakes — Flood of 1813 — Legislature of 1819-20 — School 
 
 Commissioners 108 
 
 CHAPTER VII. 
 Services in the Ohio Senate — 1823-1825 139 
 
 CHAPTER VIIL 
 Ohio University — Tenth Presidential Election — Agricultural 
 
 Address 176 
 
 CHAPTER IX. 
 Roads — Marietta and Chillicothe Turnpike — Baltimore and Ohio 
 
 Railroad— 1837-39 206 
 
 CHAPTER X. 
 1837-1853 — Visit to New England — Presbyterian General As- 
 
 SE.MBLY — Historical Association — Letters — Conclusion 229 
 
 (V) 
 
vi Contents. 
 
 Sketch of the Life of Major Jervis Cutler 272 
 
 Sketch of the Life of William Parker Cutler 280 
 
 APPENDIX. , 
 
 Terkitort of the United States North-west of the Eiver Ohio — 
 
 Circular 319 
 
 Speech of ,Hon. W. P. Cutler in the Presbyterian General 
 
 Assembly, May, 1857 321 
 
 Speech Before the Military Meeting of Washington County, 
 
 IN the Court-house, Marietta, on Saturday, July 19, 1862... 326 
 
 Eemarks of Hon. W. P. Cutler at the Twenty-fifth Annual 
 Meeting of the Society for the Promotion of Collegiate 
 AND Theological Education in the West, held in the Con- 
 gregational Church, Marietta, 0., November 9, 1868 333 
 
 Partial List of Published Addresses and Papers of William 
 
 P. Cutler 341 
 
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LIFE OF EPHRAIM CUTLER. 
 
 CHAPTER J. 
 
 Sketch of Manasseh Cutler — Early Life of Ephraim 
 
 Cutler. 
 
 At the earnest request of my dear children I am induced 
 to place on paper some sketches which relate to our fam- 
 ily, and to my own personal history. I am disposed to 
 yield to their importunity, as it is probably the only way 
 they can become acquainted with many things which it is 
 natural they should desire to know. I have had rather an 
 eventful life, which I now have leisure to reflect upon, and 
 to record some of the events I have witnessed and the 
 scenes through which I have passed. 
 
 The Cutlers* are of Puritan ori^ciu. and came to Massa- 
 
 * The first of the family who came to America, was James Cutler, 
 from Norfolkshire, England. He settled in Watertown, Massachusetts, 
 with his wife Anna, in 1634. She died, and was buried September 30, 
 1644, after which he married Mary King, widow of Thomas King, of 
 Watertown, and removed, in 1651, to Cambridge Farms (Lexington), 
 where he lost his second wife, and married, in 1662, Phebe Page, 
 daughter of John Page. He had four sons and eight daughters, and 
 died May 17, 1694, aged eighty-eight years, leaving a good estate. 
 
 James Cutler, eldest son of the preceding James and Anna Cutler, 
 was born in Watertown, November 6, 1635. He married Lydia (Moore) 
 Wright, widow of Samuel Wright, and daughter of John Moore of 
 Sudburj'. They resided in Lexington, Massachusetts, and had five 
 sons and two daughters. He was a soldier in King Philip's War, and 
 died, July 31, 1685, aged fifty years. 
 
 John Cutler, fourth son of James and Lydia Cutler, was born in Le.x- 
 ington, April 14, 1675. He married Hannah Snow, of Woburn, Feb- 
 
 (1) 
 
2 Life of Epliraim Cutler. 
 
 chusetts a few 3'ears after its first settlement by the En- 
 glish people. About eight}' years later, my great grand- 
 father, John Cutler, removed with his family, in the year 
 1713, from Lexington, Massachusetts, to Killingly, Connec- 
 ticut. It was then a new country, with but few Avhite set- 
 tiers, and still inhabited by many Indians. He had pur- 
 chased, as early as 1706, a large tract of land on the east- 
 ern, i)order of ffiUii^s'ly. The surveys at that time were 
 ofte'n' incoM'eeliy made, sometimes overlapping on other 
 /rciaivAsl^thiTt^iaccisivhii'^g much trouble and expense. He 
 made'his'homS'i'iI th^ center of his purchase. When the 
 boundary between Connecticut and Rhode Island was 
 finally established, the line passed directly through his 
 house. My grandfather had a right to lands in Kliode 
 Island which were disposed of since my recollection. 
 
 My grandfather, Hezekiah Cutler, the third son of John 
 Cutler, was born in Lexington, Massachusetts, where he 
 was baptised April 20, 1707. He married Susanna Clark, 
 December 5, 17-34. In manners and mental cultivation 
 she was superior to most of her sex at that period. They 
 both united with the church in Killingly, Connecticut, 
 where they resided. Their children were: 1st. Meheta- 
 bel, wIkd married Simon Lee ; 2d. Hannah, who died in in- 
 fancy ; 3d. Manasseh, my father ; 4th. Ephraim, a very 
 promising young man, engaged in mercantile business at 
 Killingly. He was, to the great grief of his parents and 
 friends, thrown from his horse and killed. May 21, 17(J6, in 
 the twenty-second year of his age. otii. Hannah, who 
 died at the age of six years. 
 
 My father, Manasseh Cutler, was born in Killingly, May 
 13, 1742. His mother devoted much of her time to in- 
 structing her children, and early cultivated in them a love 
 of learning. It was proposed to educate Manasseh for a 
 physician, and he was placed under the instruction of the 
 liev. Aaron Brown, in order to obtain a sufficient knowl- 
 edge of Latin to enable him to study medicine. Mr. 
 
 ruary 6, 170U, and removed from Lexington to Killingly, Connecticut, 
 1713. They had four sons and seven daughters. lie died in 1729, 
 aged fifty-four years. 
 
Life'' of Ephraim Cutler. 3 
 
 Brown, at that time, was preparing his step-son, Joseph 
 Howe, for admission to Yale College; and it was decided 
 that my father should also take a full collegiate course. 
 Thev were entered Freshmen at Yale in 1761, and hoth 
 acquired a high standing in their class, and were gradu- 
 ated in 1765. 
 
 While at college, in examining some books lately added 
 to the library, he found among them an early publication 
 of Linnteus, on botany, which attracted his attention. 
 The interest it excited probably influenced the studies of 
 his after life. It was a new iield for scientiflc research, 
 and he deyoted much time to botanical investigations. 
 Few, if any, scholars at Yale or Harvard had at that time 
 given the subject any attention.* 
 
 After he graduated, he made a visit to some of his 
 mothers connections, in Hedham, Massachusetts, where, 
 for a time he engaged in teaching; and where he formed 
 the acquaintance of Miss Mary Balch, eldest daughter of 
 the Key. Thomas Balch,t flrst pastor of the South Church 
 Dedham, whom he married. Not long after this, he re- 
 moved to Edgartown, Martha's A^ineyard, for the purpose 
 of closing up a mercantile concern, and settling a large 
 estate which had belonged to Colonel John Xewman, the 
 first husband of my mother's aunt, known to me as 
 Madam Metcalf.t Mv father had u-iven some attention 
 to tlie study of law, and was admitted to the bar, and 
 
 * '■ M. Cutler wrote an account of the vegetable productions of New 
 England, in ITSo, probably the first essay of a scientific description." 
 New Am. Cyclopedia. 
 
 J Eev. Thomas Balch was born in Cliarlestown, Mass., October 17, 
 1711, and graduated at Harvard College, 1733. Ordained pastor of 
 South Church, Dedham, June 30, 1736; and married Mary Sumner, of 
 Roxbury, October 11, 1737. lie was sixteen months a chaplain in the 
 army sent against Louisburg, Cape Breton, in the Old French War. 
 After a useful ministry of nearly thirty-eight years, he died at Dedham, 
 January bs, 1774, aged sixty-two years. Durfee's Cent. Dis., 1836. 
 
 ;{: Madam Metcalf Avas Hannah Sumner, born May 8, 1715. She 
 married, first, John Newman, graduated at Harvard College, 1740, and 
 died at Edgartown, 1763. She married, second, Jonathan Metcalf, 
 Esq. She died about 1798, leaving a valuable estate. 
 
4 Life of Ephraim Cutler. 
 
 pleaded a few eases in the Xorfolk county courts. But 
 he was strongly impressed that it was his duty to devote 
 his life to the ministrations of the gospel, and having ac- 
 complished the business he had undertaken at Edgartown, 
 he returned, in 1769, Avith his famih', to Dedham, and 
 pursued, with his excellent father-in-law, the Rev. Mr. 
 Balch, the study of theology. Two years later, he was 
 invited to settle at Ipswich Hamlet, now Hamilton, Massa- 
 chusetts, where he was ordained, September 11, 1771. He 
 was the successor of the venerable liev. Samuel AViggles- 
 worth, then lately deceased. 
 
 It is well known that the Xew England clergy (except 
 those of the Episcopal order) Avere among the most earn- 
 est supporters of the Revolution, and did more to keep up 
 the spirit of liberty than any other class. This was true 
 of my father, who watched with great solicitude the ap- 
 proach of the conflict. When the news came of the battle 
 at Lexington, he made a short address to his parishioners, 
 and joined them in their march to meet the enemy, and 
 during the time the British occupied Boston, he was often 
 at Cambridge to encourage his neighbors and friends in 
 the arduous contest. In 177(:), he was commissioned by 
 the Massachusetts council chaplain to tlje regiment of 
 Colonel Ebenezer Francis, detailed for the defense of the 
 town and harbor of Boston. He was also chapkxin to 
 General Titcomb's brigade at the siege of Newport, Rhode 
 Island, in 1778. A number of regiments of New England 
 militia joined General Sullivan's army in this campaign, 
 and none of them were more distinguished for bravery 
 and a high personal character than the Essex county vol- 
 unteers — man}' of whom were merchants who were then, 
 or have since been, among the wealthiest and most re- 
 spectable citizens of the country. From the failure of the 
 French fleet to co-operate with the Continental forces, the 
 campaign was unsuccessful, and General Sullivan, after 
 some severe fighting, withdrew to the mainland. A pair 
 of handsome silver-mounted pistols,* taken from the en- 
 
 * These pistols were given bj' Dr. Cutler, in 1817, to his grandson, 
 Colonel Charles Cutler, late of Athens county, Ohio. 
 
Life of Ephraim Cutler. 5 
 
 eiuy, were presL'utod to iiij fatlior by the officers of tlie 
 brit>-a(le. His ministerial duties, and the claims of his 
 family, with slender means of support, obhged him to re- 
 tire from the army. 
 
 Like that of most ministers of liis day, my fVither's 
 salary was small, and, in order to provide for his family, 
 he opened a school, which he continued to instruct for a 
 number of years, in which many valuable men were pre- 
 pared for usefulness in the world. In addition to the 
 scholars who pursued the course of studies usual in such 
 schools, he prepared a number of young men to enter 
 college, others he aided in the study of theology, and to 
 very many, who afterward became skillful sea-captains, he 
 taught the art of navigation. His remarkable affability 
 gained him the love of his scholars ; his dignity of deport- 
 ment, their highest respect ; and all conspired to the suc- 
 cess which distino-uished this school. 
 
 In 1786, the Ohio Company was formed, of which he 
 was one of the most active promoters. Many circum- 
 stances led him to think of providing a settlement for his 
 family in some new country. I am not acquainted with 
 the facts that led him, in the first instance, to turn his 
 attention to the Ohio valley, but he had read all that the 
 early French explorers had published of that region. 
 
 General Washino'ton, in familiar conversation with his 
 officers in a most gloomy period of the war, had pointed 
 them to the Ohio and the land on its borders as an asylum 
 from their enemies where they could enjoy freedom and 
 competence. This probably influenced a number of the 
 ofticers of the army, in 1783, to prefer a petition (which 
 was accompanied by a letter from General Washington) 
 to Congress for the purchase of lands in the Ohio Coun- 
 try. This design was, however, frustrated by the dis- 
 banding of the army before a purchase was made, and be- 
 fore Congress had made any regulations respecting the 
 survey or disposition of their lands. The flrst important 
 measure adopted toward bringing' the lands north-west of 
 the Ohio into market after the treaty of peace, signed at 
 Paris, September 3, 1783, was the recession to the states 
 
6 Life of Ephraini Cutler. 
 
 of the Union of all claim (with certain conditions) which 
 the States of Connecticut and Virginia had to soil and 
 jurisdiction north-west of the Ohio river. The next was 
 to adopt a general plan for surveying the lands in ranges, 
 beginning at the Pennsylvania line ; the ranges to run 
 north and south, and then dividing the ranges into towns 
 and sections. This ordinance was passed in 1785. In 
 1786, General liufus Putnam, General Benjamin Tupper, 
 Colonel Ebenezer Sproat, Major Winthrop Sargent, etc., 
 were appointed to commence the survey, and Tupper, 
 Sproat, and others surveyed the first seven ranges. 
 
 On January 10, 1786, General.^ Putnam and Tupper 
 published a request to the officers, soldiers, and those citi- 
 zens who felt disposed to engage in the purchase of lands 
 in the Ohio Country and form a settlement there, to meet 
 at the Bunch of Grapes tavern in Boston, on the first of 
 March ensuing. This call was responded to by the ap- 
 pointment of delegates in different parts of Massachusetts, 
 who met and held a meetino- in Boston at the time and 
 place designated. My father was one of these delegates, 
 and was appointed one of a committee of five to draft 
 the Articles of Association of the Ohio Company, which 
 were adopted by them. At their next meeting, three di- 
 rectors were unanimously chosen. These were General 
 Samuel Holden Parsons, General Rufus Putnam, and Rev. 
 Manasseh Cutler ; whose duty it was to make application 
 to Congress for a tract of land in the North-west Terri- 
 tory. Major Winthrop Sargent was the secretary of the 
 company. 
 
 More than a year passed before a sufficient number of 
 subscribers was obtained to tJie Articles of Association 
 to justify any attempt to carry out the plans of the com- 
 pany; when, on May 29, 1787, the directors appointed and 
 empowered my father to make the purchase as their 
 agent. He left home for this purpose, June 24, 1787, 
 and went to New York, where the Continental Congress 
 were assembled. His private journal kept during this 
 journey, and while engaged in tlie negotiation, lias many 
 interesting details respecting persons and places, and gives 
 
Life of Ephraim Cutler. 7 
 
 a full account of what he had to encounter, and how he 
 overcame every difficulty in making the purchase. His 
 efforts crowned with success, he returned to Massachusetts 
 and submitted his action to the other directors and agents 
 of the Ohio Company, by whom it was " fully approved, 
 ratified, and confirmed." In the following October, he 
 went again to Kew York, and, with Major Sargent, exe- 
 cuted the contract with the Board of Treasury of the 
 United States for a million and a half acres of land for 
 the Ohio Company. In this short period, the ground- 
 work was laid for events which, in their progress and 
 consequences, form an epoch in the history of our country. 
 For my father, this was but the beginning of a season 
 of the most arduous labor. It was peculiarly his charac- 
 ter that, after he had fully considered a matter, and set- 
 tled his mind to effect a purpose, nothing could discourage 
 him ; his energy and perseverance overcame all difficulties. 
 The bargain was made for the land, but it required much 
 effort to raise the money for the first payment, and to se- 
 cure a body of men bold enough to commence a settlement 
 in a wilderness, amidst savages who were strongly opposed 
 to it. General Putnam and Colonel Sproat were to take 
 charge of the pioneer party; still, the men and means 
 were to be sought for and provided, and in this he bore 
 his full share. I well remember the extreme anxiety and 
 toil it occasioned him. I was then only about twenty 
 years of age, but I enlisted some of the first adventurers ; 
 many, however, of the most effective men were induced 
 to come forward through my father's influence. The 
 wagons were constructed and the teams purchased under 
 his own supervision for that part of the first company of 
 colonists who started for Ohio on December 3, 1787, under 
 the command of Major Haffield White. This party was 
 joined at Sumrell's Ferry, on the Youghiogheny, by that 
 from Hartford, Connecticut, under General Rufus Put- 
 nam, and all lauded at the mouth of the Muskingum and 
 began the settlement of Ohio on April 7, 1788. Of those 
 who, with their families, removed early to the colony, and 
 
8 Life of Ephraim Cutler. 
 
 remained to defend it during the Indian war, about one- 
 half were influenced to come by my father or myself. 
 
 He attended a meeting of the directors and agents of 
 the Ohio Company at Marietta, in August, 1788, and 
 spent some time in examining the country. He was 
 pleased with the location of the settlement, and greatly 
 interested in its success; and labored to secure for it the 
 best educational and religious advantages. 
 
 After his return from Ohio, he increased his school, and 
 renewed his researches in botany and other branches of 
 natural history. During a great part of his life, much of 
 his time was employed in literary labors, and in corre- 
 spondence with scientific men in Europe and America. 
 Many valuable manuscripts were unfortunately lost in 
 1812 by a fire in his study. He was a member of a num- 
 ber of literary, scientific, and benevolent societies, and 
 was considered by his contemporaries " a man eminent for 
 talent and learning/' He received the degree of A.M. 
 from Harvard in 1771, and that of LL.D, in 1789 from 
 Yale College. He was a member of the General Court of 
 Massachusetts in 1800 ; and of the Congress of the United 
 States from 1801 to 1805, when he declined a re-election, 
 preferring to devote himself to his favorite studies and to 
 the duties of his profession. He died July 28, 1823, in 
 the eighty-second year of his age and the fifty-second of 
 his ministry, much beloved and lamented by his people. 
 
 Havino' e-iven this short sketch of the life and character 
 of my revered father, I will now proceed with my own 
 personal history. I was born in Edgartown, Martha's 
 Vineyard, April 18, 1767, and named " Ephraim," as a 
 memorial of my father's lamented only brother whose 
 sudden death occurred about a year before my birth. 
 
 In June, 1770, when I was a little more than three 
 years old, my father and mother visited my grand parents 
 in Killingly, Connecticut, and took me and my brother 
 Jervis with them. My grand parents earnestly entreated 
 that I should remain with them, and in some measure 
 supply the place of the son of whom they had been so un- 
 expectedl}' bereaved; and so I was left to their care. 
 
Life of Ephraim Cutler. 9 
 
 When my grandfather attended the ordination of my 
 father at Ipswich Hamlet in September, 1771,* I was taken 
 with him to visit my own and my mother's parents at Ded- 
 ham. My parents came often to see me, but I believe I 
 was not aofain in Massachusetts until I was sixteen years 
 of ao:e. Durins: this time, the Revolution had commenced 
 and run its course, and the United States of America had 
 become a distinct nation of the earth. 
 
 My grandmother, to whose care I was committed, was 
 a very intelligent woman, and took much pains to instruct 
 me daily. She caused me to read to her much of the 
 Bible, and taught me to repeat the Shorter Catechism. 
 Her faithful instructions and wise discipline, I am con- 
 fident, fixed thus early in life those moral principles and 
 gave me that taste for knowledge which has, by the bless- 
 ing of God upon her efforts, saved me from shipwreck of 
 both soul and body. She was a most excellent woman, 
 strict in her government, but always kind. I could 
 read well before her death, and early acquired a love of 
 reading, which has been a great source of comfort to me, 
 and a lasting benefit. It pleased God to take her from 
 the midst of a circle where her infiuence was of the most 
 beneficial character on the 8th of April, 1774,t a few days 
 before I was seven years old. 
 
 My honored grandfather was a man who exerted a com- 
 manding influence around him. He was dignified in his 
 appearance and manners, and of great firmness of char- 
 acter.. He was a truly pious man, and possessed almost 
 unbounded benevolence. Among other instances, was 
 that of an old woman, a church beneficiary, who for a 
 long time occupied a chair at his fireside and enjoyed the 
 
 * Dr. Cutler wriies in his diary, September 16, 1771 ; " My father set 
 out for Killingly with Ephraim, our little son, whom he broujjht to 
 visit us, but he chose to carry him back, and Ephraim chose to go with 
 him." 
 
 t Dr. Cutler writes of this event: "April 19, 1774. Received the 
 melancholy news of the death of my honored mother. She departed 
 this life the 8th instant, after a very short illness. Blessed are they 
 that die in the Loi'd." 
 
10 Life of Ephraim Cutler. 
 
 hospitality of his liouse, and was so well satisfied with the 
 treatment she received, that she proposed that he should 
 " keep her all the time, and have all the hlessing !" 
 
 I well rememher that the exj^ress with the news of the 
 battle of Lexington, whieli was the commencement of the 
 revolutionary struggle, came directly to my grandfather's 
 house in the night after the battle. He was in bed, and 
 I slejit with him. He arose and lired his gun three times, 
 which was doubtless the agreed signal, as it was universally 
 expected that there would be a hostile attack from the Brit- 
 ish. Before sunrise he and fifteen others had started for 
 the battle-field. He had the care of a quantity of pow- 
 der, which was kept in the meeting-Jiouse. He gave direc- 
 tions to have half a pound delivered to each man as he 
 called for it. The house was thronged through the day 
 with parties of ten or twenty, who followed on toward 
 Boston. I suppose that from the age of sixteen to sev- 
 enty all the men left, except sickness or some disability 
 excused them. AVhile the men were away, the women 
 were thrown into a panic by a report that "Malbone's* 
 niggers " were coming to pillage or burn the place. 
 
 My grandfather, before leaving home, gave a particular 
 charge to his housekeeper to provide carefully for the wants 
 of any soldiers who might call at his house during his ab- 
 sence. He was always ready in times of danger to do his 
 utmost, and to encourage the soldiers by aiding their fam- 
 ilies while they were in the service. I have no doubt that 
 more than one thousand dollars of his property, which was 
 not large, was contributed to his country's cause beyond 
 the legal demands during the Revolution. He was re- 
 spected for his wise and prudent counsel by all, and was 
 indeed a peace-maker among his neighbors. In the church 
 he was for many years its main pillar. 
 
 Soon after his return home, my grandfather was mar- 
 ried to Mrs. Abigail Robins, a good-looking woman, the 
 
 * Godfrey Malbone was a wealthy slave owner and merchant in 
 Newport. He had a plantation in Mortlake, which was cultivated by 
 slaves. 
 
Life of Ephraim Cutler. 11 
 
 widow of an officer, who was killed in a battle with the 
 French and Indians, near Lake George, N^. Y., about the 
 year 1759. 
 
 I remember an incident which happened near the be- 
 ginning of the Revolution. A large crowd of people met 
 in Killingly, and, on a hill near our house, raised a liberty- 
 pole made of two long pieces of timber united by a couple 
 of cross-trees; on the top of this, a flag-staff was placed. 
 The flag had not the stars and stripes, for they were then 
 unknown, but the sun just rising, and other appropriate 
 devices, instead. An Englishman, by the name of Bright- 
 well, who had come over during the old French War, and 
 afterward married and settled in Killingly, came out of 
 his door and looked at them : "Ah ! " said he, " you know 
 nothing of Old England; she will come and cut your lib- 
 erty-pole down for you."' 
 
 Whenever there was an alarm, a man was hoisted up to 
 the cross-trees to set on Are a kettle of tar, the light of 
 which could be seen for miles around, and was the signal 
 for the patriots to assemble. 
 
 From the time of the battle of Lexington until the close 
 of the war. on the Sabbath noons, I was called upon to read 
 the New London Gazette. The house was generally fllled 
 with the elderly class of people, all anxious to hear the news. 
 
 When a little past seven years old, I was sent, with a 
 boy much older than myself, to Talbot's Mill (where Kill- 
 ingly factory now stands), and while our grists were grind- 
 ing, we went to the upper part of the mill-pond to bathe- 
 We stripped oft' our clothes, on a rock near the shore, and 
 my companion jumped into the water and swam a few 
 feet to a shallow place, and called to me to follow. I 
 plunged in, where the water was six or seven feet deep, 
 and soon sank. He came to my relief, and brought me to 
 the surface ; but, he being, a poor swimmer, and, I sup- 
 pose, frightened, I carried him to the bottom. He, with 
 diflUculty, freed himself from me and escaped drowning. 
 
 His calls brought help, and I was drawn out by the hair 
 of my head, after I had been fifteen minutes, perhaps 
 more, under the water. I w^as carried to a house, where 
 
12 Life of Ephraim Cutler. 
 
 every known means was used for my recovery. After 
 two hours of persevering labor, the functions of life were 
 restored, and I found m3'self alive, wrapped in warm red 
 flannel, with my grandfather and others standing around 
 me. Thus, a gracious Providence preserved me from an 
 early death, when all hope had fled. 
 
 It was my grandfather's purpose that I should be edu- 
 cated at Yale College, where my father had graduated; 
 but embarrassments, growing out of the troubled state of 
 the country during and after the Revolutionary War, ren- 
 dered this impracticable ; and, while the war was in prog- 
 ress, it was not possible to keep up regular schools, so 
 that my opportunities for obtaining a good education were 
 in a great measure cut oft". I procured an arithmetic, and, 
 with very little help from a master, obtained a thorough 
 knowledge of all the rules then taught in the best country 
 schools. I had, I believe, from nature, a strong propen- 
 sity to read ; and, through life, no opportunity was neg- 
 lected to read useful books when I could obtain them. I 
 thus got a good understanding of history and geography 
 quite early in life ; all without system, and nearly all with- 
 out an instructor. 
 
 The Rev. Elisha Atkins — pastor of the church in Kill- 
 ingly, and successor to the Rev. Aaron Brown — had, for 
 many years, instructed young men preparing for college. 
 He urged me 'to attend to mathematics, and I studied 
 geometry and trigonometry, and acquired a knowledge of 
 drawing and surveying, which was very important to me 
 in after life. It has always been, to me; a source of re- 
 gret that I was deprived of a liberal education. I have 
 to acknowledge, however, that friends were raised up who 
 aided me, some w^itli instruction, and many with books, so 
 that I have been enabled to perform som-e important duties 
 toward the public, in a way that has been well received. 
 
 The habits of the youth around me, more especially 
 those a few years older than myself, had become, in some 
 degree, vitiated by being for a longer or shorter time in 
 the army. We lived near Felshaw's, a noted tavern, where 
 old and young congregated, quite too much, to hear the 
 
Life of Ephraim Cutler. 13 
 
 news and drink flip. The house had, for many years, been 
 the place for dram drinkers and tavern liaunters to have 
 their times for dissipation. Many were totally ruined, 
 and I have often been astonished that I was not also ruined 
 for time and eternity. But many circumstances, which I 
 now remember, prevented me from going to destruction. 
 I never loved rum. My own history, by many striking 
 facts all through my life, demonstrates that a special Prov- 
 idence guides and directs the affairs of men. I can not be 
 sufficiently thankful that God thus preserved me. The 
 glory and praise be to His holy name. 
 
 As I increased in years and strength, my grandfather 
 became more dependent upon me for the necessary labor 
 on the farm. At the age of sixteen, I was compelled to 
 conduct the whole business of the family. Cutting wood 
 and hauling it some two miles, and the care of the stock 
 in winter, were a part of mj duties. I began very early 
 in life to purchase articles, such as butter, cheese, and 
 poultry, and taking them to market, thus getting a knowl- 
 edge of business, on a small scale, which was useful. I 
 also bought droves of sheep, and some cattle, and swine,^. 
 which I took to market. Among the rest, I one year had 
 several hundred turkeys, part of which I drove to Provi- 
 dence, and sold to a merchant, who took them aboard of a 
 vessel bound to the West Indies. He cheated me out of 
 them all. 
 
 Those who considered themselves my friends, early 
 brought my name before the public, and, at the age of 
 eighteen, my military associates elected me orderly ser- 
 geant, and not long after ensign, which office I held until 
 I removed to Ohio. Soon after I became of age, I was 
 elected lister (the same as assessor), and then constable, 
 and was responsible for some office or trust during the re- 
 mainder of my stay in I^ew England. This enlarged my 
 acquaintance with public business, although in a small 
 way. In Connecticut, it was then a maxim that no man 
 could hope to be advanced in public life unless he was first 
 a constable and a corporal. 
 
 I ver}^ early felt the importance of having a helpmeet,, 
 
14 Life of Ephraini Cutler. 
 
 and before I had attained mv twentieth year, I married 
 Miss Leah Atvvood, April 8, 1787, and had reason to be 
 thankfnl, in all my after life, to a gracious Providence for 
 bestowing upon me such an excellent, worthy woman. 
 
 I have already referred to the formation of the Ohio 
 Company and to my father's agency in purchasing their 
 lands. After the contract was completed and accepted 
 by the company, it was resolved that General Rufus Put- 
 nam should proceed to the Ohio and commence a settle- 
 ment on the company's lands. The first division of tlfis 
 pioneer party left Massachusetts early in December, 1787, 
 under the care of Major Ilaffield White, of Danvers. The 
 organization, selection, and preparation of this party was 
 committed to my father, and under his direction the neces- 
 sary stores were provided. My brother, Jervis Cutler, 
 then about nineteen rears of ae'e, was one of the number. 
 The enterprise at that time was regarded as very hazard- 
 ous. It is a fact, that, until after the colony reached the 
 Muskingum, very little was known, by the people gener- 
 ally, of the true character of the lands north-west of the 
 river Ohio, or of the difficulties to be encountered and 
 overcome in making a settlement upon them. 
 
 My father furnished me with books containing the 
 Articles of Association of the Ohio Company, in order 
 that I might obtain subscribers for shares. 
 
 I obtained upward of twenty subscribers, and these 
 share-holders appointed me their agent, in which capacity 
 I attended the important meeting, of the directors and 
 agents, held at Providence, Rhode Island, on the 8th of 
 April, 1788, although I was not of legal age until the 
 13th of that month. It was at this meeting that the eight 
 acre lots were drawn, of which General Putnam was to 
 commence the survey at and around Marietta. 
 
 In the performance of my duties as agent, I luet with 
 many vexations, and some serious losses. I never stipu- 
 lated to receive much for my services. As soon as the 
 Constitution of the United States was adopted, and the 
 Acts of Congress had shown that a national credit would 
 be established, public securities became valuable. Those 
 
Life of Epliraim Cutler. 15 
 
 adventurers in tlie coni})any who had paid only a part 
 toward their shares, now found it ditticult to ol)tain tlie 
 means to liquidate the balances due. In this business I 
 had to make a Journey to New York, and suffered some 
 severe losses occasioned by counterfeit bills. 
 
 In 1790, Samson Howe, Esq. (of Ivillingh'), proposed to 
 enter into a mercantile partnership, and procure goods 
 at Boston and open a store, which we effected. The great- 
 est advantage that accrued to me was getting acquainted 
 with business and men. After about two years we dis- 
 solved partnership, and I buiJt a store and commenced 
 business at my house. It did not prove profitable farther 
 than to meet family expenses. It was a very ditficult 
 period to make a profit ; money was scarce, people were 
 frequently leaving to settle new countries, and being 
 obliged to transact my business on the credit system, I 
 met with losses. Some Avould go oft' and forget t(» pay 
 store debts. 
 
 For several years previous to 1795, the business trans- 
 actions of New England, in the more densely populated 
 towns, were subject to the strongest competition. No 
 profitable pursuit could long remain without having num- 
 bers crowd into it — hence, disappointments were common. 
 The consequence of this was, that the unsuccessful sought 
 other fields of enterprise. The most active and resolute 
 turned their attention to new countries. Vermont and 
 Western New York received vast accessions of New 
 Englanders of this description. 
 
 My grandfather s wife died in 1791 ; and October 4, 1792, 
 my venerable grandfather, Ilezekiah Cutler, departed this 
 life, in the eighty-sixth year of his age, having been quite 
 helpless for three or four years. He left his farm to me. 
 I settled up my mercantile business, and, in 1794, sold the 
 homestead farm with the intention of trying some new 
 field of eftbrt. I traversed the northern and western 
 parts of Connecticut, and also western Massachusetts, 
 with a view of establishing myself in business, but found 
 no place that pleased me. My father urged me to go to 
 New Hampshire ; but my wife had been for some time in 
 
16 Life of E'phraim Cutler. 
 
 declining healtli ; two of lier sisters had recently died of 
 consumption ; her physicians advised a more southern 
 climate, and this determined me to remove to Ohio. Al- 
 though the Indian war was still raging, my wnfe approved 
 this course, and I began making preparations for moving 
 west. 
 
 I had most of my property invested in three shares of 
 land in the Ohio Company's purchase — one drawn in the 
 name of Eben.ezer Atwood, one in that of Benjamin Con- 
 vers, and one in my own name. A farm which I owned, 
 called the "Leonard Farm," of about forty acres, being 
 incumbered by a life lease, I left unsold, and I had on 
 hand barely money sufficient for my expenses on the jour- 
 ney. It cost me $200 by the time we reached Marietta. 
 
Life of Ephraim Cutler. 17 
 
 CHAPTER II. 
 
 1795 TO 1799. 
 
 Journey to Ohio — Marietta — Waterford — Salt-making. 
 
 When onr arrangements for going west were completed, 
 on the 15th of Jnne, 1795, I left Ivillingly, and parted 
 from a circle of friends from whom I had received every 
 mark of friendship from my childhood, and who had be- 
 stowed upon me at maturer age many evidences of respect 
 and confidence. Mrs. Cutler's friends, as they pressed 
 around her at parting, expressed their fears that she could 
 not survive the journe3^ She answered cheerfully, that 
 " she had committed herself to God, her Savior, and 
 should not suffer herself to be disheartened by any appre- 
 hensions, particularly, as physicians in whom we had 
 great confidence had advised a change of climate." On 
 our departure, the Rev. Mr. Atkins addressed the throne 
 of grace in our behalf; and our assembled neighbors gath- 
 ered around and bade us farewell, with many good wishes 
 and tears. Thus we left the scene of my early life, and 
 started on this tljen hazardous journey and perilous enter- 
 prise. We had with us our four children. Mary, the 
 eldest, was not yet eight years old ; Nancy was two years 
 younger ; Charles was about three years of age ; and 
 Hezekiah a little more than one year old. 
 
 At Pomfret, we met with Colonel Israel Putnam,* Israel 
 Putnam, Jr., and their families, and Phineas Matthews, 
 
 * Colonel Israel Putnam was born in Salem, Massachusetts, in 1739, 
 and was the eldest son of the distinguished General Israel Putnam of 
 revolutionary fame. He married Sarah Waldo, of an ancient and 
 honorable Connecticut family. Colonel Putnam was a veteran of the 
 Revolution, having served first as the captain of a company which he 
 
 2 
 
18 Life of Ephraim Cutler. 
 
 with whom Ave went on our way. A part of tlie I'utnam 
 families had gone b3Mvater to Elizabetlitown, Xew Jersey, 
 to receive the small-pox by inoculation. AVe passed 
 through Hartford, ]!^ew Haven, and Xew York to Eliza- 
 betlitown. This was a more expensive route than the 
 one usually traveled. Emigrants generally left the Xew 
 York route at Hartford, Connecticut, and crossing the 
 Hudson near Fishkill, went thence through Xew Jersey to 
 the Delaware at Easton, 
 
 At Elizabethtown, we v/ere joined by Dr. Wm. Pitt 
 Putnam, George Putnam, and Colonel Putnam's daugh- 
 ters. We now passed through Xew-Jersey and came into 
 the usual route at Easton, where we crossed the Delaware 
 on a Saturday, and proceeded twelve miles to Bethlehem. 
 We arrived about noon, and as we did not travel on the 
 Sabbath, procured pasturage for our cattle. In this we 
 were courteously aided by the Rev. Mr. Heckewelder, the 
 celebrated Moravian missionary, who had spent much 
 time with the Indians. The afternoon was occupied in 
 visiting the seminary for young ladies, which the ]Mora- 
 vians had established at Bethlehem, and in inspecting 
 many other things that distinguished this remarkable 
 sect. On the Sabbath, we attended worship with the men 
 by themselves, and the women of our part}' with those of 
 the order. 
 
 had enlisted, and afterward as aid to his father, General Putnam. He 
 was one of the Ohio Company associates, and came to Marietta with 
 tw^o sons in 1788, and in 1789 was one of the company who began the 
 settlement at Belpre. Having made some improvements on his land, 
 in the autumn of 1790 he returned to Connecticut for his family; but 
 the breaking out of the Indian war soon after prevented their removal 
 until 1795, when his sons, Israel, George, and Dr. William Pitt Put- 
 nam, and daughters, Sarah, Mary, and Elizabeth, came witli him to the 
 North-west Territory. His son, Aaron Waldo Putnam, had continued 
 at Eelpre through the war. Another son, David, a graduate of Yale, 
 remained in Connecticut to study law; in 1798, he also came to Mari- 
 etta. Colonel Putnam was an intelligent and enterprising agricultur- 
 ist, and introduced choice fruits and an improved stock of cattle into 
 the country. He was a worthy, upright, public-spirited citizen. His 
 descendants are numerous, intelligent, and highly respectable. 
 
Life of Ephraim Cutler. 19 
 
 Our conveyance on the journey was a wagon drawn by 
 a yoke of oxen and two horses. We also drove one cow, 
 which gave us an abundance of milk on tlie way. The 
 Putnams had two large wagons with four oxen to each, 
 and one wagon with two horses, two riding horses, and 
 three milch cows. 
 
 ISTothing especially interesting occurred until we came 
 to the mountains. As we were passing over the ridges 
 west of Carlisle, called the Three Brothers, on the top of 
 one of them, Mrs. Putnam, wife of Israel Putnam, Jr., 
 was taken suddenly sick, and gave premature birth to a 
 child. jSTo house being near, we had to make something- 
 like a bier, on which a large blanket was bound. Upon 
 this she was laid, and four of us took it on our shoulders, 
 and carefully and safely carried her on westward to the 
 foot of the mountains, where there was a tavern, a large 
 stone house, and a spacious farm. Here the Putnams 
 were detained until Mrs. Putnam was able to endure 
 traveling ; and we went on alone, except that Phineas 
 Matthews, who had thus far driven one of their teams, 
 left them and came on with us to the Monojio-ahela. 
 
 On our arrival at the river, I stopped with Esquire 
 Becket, who then lived a short distance above where 
 Williamsport is now situated ; and he famished us with a 
 cabin near his house. We found the Beckets an agree- 
 able family. Miss Peggy, the eldest daughter, afterward 
 
 married Rev, Dr. . Mrs. Becket was in feeble health,, 
 
 but made herself acquainted with Mrs. Cutler, and I be- 
 lieve no afternoon passed during our stay that they did 
 not take tea together at our cabin or at the Esquire's 
 house. I have ever felt grateful to him and to his family, 
 not only for their friendly courtesy, but for substantial 
 favors received. 
 
 I engaged some boat-builders to build a small Kentucky 
 flat-boat, suflicient to take the four families down to Ma- 
 rietta. The boat was ready when the Putnams came on, 
 and leaving the Beckets, from whom we had experienced 
 the utmost kindness, my family and the three Putnam 
 families embarked at Williamsport with the movables; 
 
20 Life of Ephraim Cutler. 
 
 while Colonel Putnam and I took the horses and cattle 
 across the country, by Washington, to Wellsburg, on the 
 Ohio. When we arrived at Colonel Charles Wells's, near 
 Wellsburg, we were overtaken by Phin. Matthews and 
 Aaron Waldo Putnam, who had come up from Belpre to 
 meet his father (Colonel Putnam), and to assist in taking- 
 down the boat. They brought us tidings that the boat, 
 in consequence of low water, liad stopped at Elizabetli- 
 town, some ten or fifteen miles from the place whence we 
 started, and that my wife, Israel, Jr., and the old lady 
 Putnam were all taken sick. The arrangement was then 
 made for Waldo Putnam and Matthews to take charge of 
 tlie stock, and proceed down the river, while Colonel Put- 
 nam and I went back to the boat. We found Israel and 
 the old lady dangerously sick. 
 
 In a few days, a small rise in the river induced us to 
 push out into tlie stream and renew our voyage. Colonel 
 Putnam was soon taken sick, and also our ^^oungest son, 
 Ilezekiah. 
 
 After passing Pittsburg (with its cabins and hewed log- 
 houses) we nvide exceedingly slow progress, sometimes 
 not more than three or four miles a day. The river had 
 fallen, and we were often aground; and I, with George 
 Putnam, was much of the time in the river lifting at the 
 boat to get it over the sand-bars and shallows. 
 
 Below Pittsburg every human dwelling in sight of the 
 river was fortified by what was then called a stockade — 
 that is, palisades set together at a nearer or greater dis- 
 tance from the dwelling, with a strong gateway to enter 
 the inclosure. The buildings were always furnished in the 
 upper story with port-holes from which to fire upon the 
 enemy with whatever guns (principally rifles) the occu- 
 pants could obtain. 
 
 We Avere several days getting down to Beaver Creek, 
 and before we reached there our dear little son, Ilezekiah, 
 died. We stopped at a new place, where the owner had 
 buried some of his family, and by their side we deposited 
 his remains. 
 
 At Wellsburg we were detained for some time by the 
 
Life of Ephraim Cutler. 21 
 
 sickness of the Putmxms, who remained weak and low. 
 Mrs. Cutler had recovered. Both at this }>lac'o and at 
 Wheeling the remains of fortifications Avere still seen. 
 Again we moved on in the usual slow way, the river very 
 low. Below Wheeling we saw but few openings on the 
 banks of the Ohio, and found no one living for fifty miles 
 above Marietta. All was an unbroken wilderness. 
 
 After leaving Wheeling our dearly beloved Mary, our 
 eldest child, was taken violently sick with bilious fever, 
 which soon deprived us of one of the most promising chil- 
 dren I ever knew. She had been instructed by the liev. 
 Mr. Atkins with his own daughter, and was quite pre- 
 cocious in her varied improvements. She interested all 
 who saw her. To add to our distress we had no alterna- 
 tive but to commit her to the earth in the dreary wilder- 
 ness, far from the habitation of any civilized being. She 
 was buried on the Ohio side of the river, thirty miles above 
 Marietta, all around an entire wilderness for twenty miles 
 above the place, and thirty below. Nothing could be more 
 gloomy and trying to parents than thus to leave a most 
 darling child — one of greater promise few ever possessed. 
 But He who gave took His own ; blessed be His great and 
 glorious name. 
 
 Soon after this atRictive event, as the boat was lying near 
 the shore, Mrs. Cutler, in attempting to pass to the land 
 on an oar or plank, fell, and, striking her side against the 
 edge of the boat, broke two of her ribs and injured herself 
 seriously. My own health, notwithstanding the great ex- 
 posures from being very often in the water, continued good 
 until about the time this accident occurred, when I was 
 attacked with dysentery, and much weakened before the 
 boat landed at ^Marietta, whicli was on the morning of 
 September 18, 1795. We were thirty-one days on the 
 river from the time we left Williamsport until we reached 
 Marietta, and a little over three months on the way since 
 leaving Killingly. 
 
 A Mr. Griffin, whom I had casually met at AVellsburg 
 during our stay there, and with whom I had formed a slight 
 acquaintance, had preceded us, coming down the river with 
 
22 Life of Ephraim Cutler. 
 
 \ 
 
 goods for his store. He met us, and most obligingly pro- 
 cured for our temporary abode a room in the upper story 
 of a block-house, and a team to remove us to it. And so 
 the boat was left. 
 
 My disorder had greatly increased. I was barely able 
 to get up the stairs to our contracted room. It is difficult 
 to describe our situation at this time, or to give a correct 
 view of our feelings, for they were varied. 
 
 We had overcome the labors and fatigues of an ex- 
 tremely long and perilous journey ; but we had to mourn 
 the loss of two of our dear children ; one, just budding 
 into life, with every promise of adorning her sex and 
 family ; the other, the darling youngest son, his mother's 
 unweaned love. We had landed sick, amons; strano;ers, 
 with no well-known friend to meet us with kindly greet- 
 ing, and myself destined to be confined to a bed from 
 which, for a time, there seemed little hope that I should 
 ever rise in health. Such was our introduction to })ioneer 
 life. 
 
 To give an idea of the countr}' as we found it in 1795, 
 it may be well to state some facts connected with the his- 
 tory of the colony which settled on the Ohio Company's 
 Purchase. Seven years and a half had passed since the 
 settlement began at Marietta, under the direction of Gen- 
 eral Rufus Putnam; and for more than four years of this 
 time, the Indian war had been in progress, and had only 
 been brought to a close b}' General Wayne's victorious 
 campaign, and his recent treaty at Greenville, concluded 
 August 3, 1795. 
 
 Marietta presented the appearance of three fortresses. 
 On the lower side of the Muskingum river, was Fort Har- 
 mar, erected by Major Doughty in 1785. The upper 
 point was fortified by a stockade surrounding the build- 
 ings, flanked with block-houses ; and at the residence of 
 General Putnam, a mile from the Point, was Campus 
 Martins, a regularly built fortress, with block-houses at 
 each corner; so construeted as to be considered impreg- 
 nable to a savage foe. The last two fortifications were 
 erected by tlie Ohio Compau}-. 
 
Ij[fe of Epln'obn Cutler. 23 
 
 Amoiiii- the principal inhabitants were (General liufus 
 Putnam, Hon. Joseph Oilman, Colonel Ebenezer S})roat, 
 Benjamin Ives Gilman, Esq., Hon. Paul Fearing, Colonel 
 William Stacy, Hon. Judge Woodbridge, Hon. Judge 
 Griffin Green, Charles Green, Esq., Colonel K. J. Meigs, 
 Hon. E. J. Meigs, Jr., Josiah Munro, Esq., Dr. Jabez True, 
 and others, men who would have been distinguished in 
 any place. Several of them have done honor to exalted 
 stations. General J. M. Varnuni, General S. H, Parsons, 
 and General Benjamin Tupper died during the early years 
 of the settlement. 
 
 It is not easy to convey a proper idea of the settlements 
 at and around Marietta. The settlers had been- almost 
 from the first confined to a o-arrison life — much as if in a 
 state of beino^ besieo-ed. Thev were constantlv watched 
 by a practiced, skillful enemy, who could safely approach 
 them from almost every quarter, having the uninterrupted 
 command of all the waters which enter the Ohio from the 
 north, and of that river for nearly a hundred miles above 
 Marietta, and for long distances below. Their habitations 
 were at the heads of the principal streams, Avhich they 
 could silently and swiftly descend in their light canoes. 
 The settlers here for nearly six years occupied the position 
 of the forlorn hope of the western part of Pennsylvania 
 and A^irginia, and the}- nobly sustained the post. The 
 doors and gates of the garrisons were seldom opened at 
 early morning, and when the day was more advanced, 
 men went cautiously around, ap})rehensive of an attack 
 from the stealthv savao-e foe ; and when the sun set the 
 ofates were closed and securelv barre<L 
 
 The effect upon the inhabitants which this state of 
 thino-s produced was strikini>'lv manifest to one who had 
 come recently from the land of steady habits. This gar- 
 rison life had broken up former fixed habits of industry, 
 and led to a fondness for sports and social meetings where 
 drinking was practiced, and hours were spent in jovial 
 convivialit}-, which, at the return of peace, would have 
 been more profitably employed in improving their rich 
 lands, or in preparing more c(»mf(>rtable dwellings. The 
 
24 Life of Ephraini Cutler. 
 
 settlers ^ve^e, liowever, almost without exception ISTew 
 Englanders, who came at lirst with the habits of indnstry, 
 respect for order, and strict subordination to law, which 
 characterize that people. Hence, nothing like riotous or 
 unbecoming behavior had obtained an ascendancy. It 
 would l)e difficult to collect a more intelligent and refined 
 society than could be found at Marietta, Belpre, or Water- 
 ford. Far the larger portion of the men had served their 
 country in and through the Revolutionary War ; some of 
 them had been officers of distinguished ability — many of 
 them were remarkable for polislied manners, strength of 
 character, well stored minds, and honest hearts. Of these 
 men who had fought bvhis side. General Washington said : 
 "No colonvin America was ever settled under such favor- 
 able auspices as that which has just commenced at Mus- 
 kingum. Information, })roperty, and strength will be its 
 characteristics. I know many of the settlers, personally, 
 and there never were men better calculated to promote 
 the welfare of such a community.'' 
 
 The earl}' colonists of the Ohio Company met with re- 
 verses. Tliey were visited with the small-jiox, which was 
 uncommonly fatal, especially at Marietta; a failure of the 
 crops one year produced almost a famine. Then came the 
 Indian War, during which all the settlements were at 
 times reduced to the greatest straits for provisions ; added 
 to these, they were constantly losing their young men, 
 either by the Indian tomahawk, by enlistment in tlie pub- 
 lic service, or by removal ; for many were discouraged by 
 the war, and went back up the Ohio, or even returned to 
 New Eno-land. 
 
 Early in 1789, the Ohio Company surveyed at Belpre 
 and Waterford lots of a convenient size to accommodate 
 persons who came and wished to settle in the country 
 before any of the Company's lands, except the small lots, 
 had been divided and allotted to the share-holders. At 
 both of these points settlements were soon made. There 
 is probably no more beautiful and pleasant location to be 
 found (jn the banks of the Ohio I'iver than that of Bel- 
 
Life of Ephralm Cutler. 25 
 
 pre,* where a number of iiulnstrious and enterprising cit- 
 izens began a settlement in 1789. Many of them were 
 officers of the army who had served witli honor during 
 the RevohTtionary War. Block-liouses were built for the 
 security of the settlers, the principal one, called "Farmers' 
 Castle," was, on the breaking out of Indian hostilities in 
 January, 1791, put in a defensible condition, and placed 
 under the command of Major ISTathan Goodale, and here 
 the inhabitants went into garrison. There were some 
 deaths and many narrow escapes at this place, but the 
 most serious loss was Major Goodale himself, a most brave 
 and estimable man. He was taken prisoner by the sav- 
 ages in March 1793, and died in captivity. The command 
 of the garrison then devolved upon Colonel ]Srathaniel 
 Gushing, who was an accomplished officer. 
 
 The same year the settlement began at Belpre, one' 
 was commenced at Waterford. A stockaded fort was 
 built for refuge in case the Indians proved hostile. It 
 was situated about twenty miles above Marietta, on the 
 east side of the Muskingum, half a mile below the present 
 town of Beverlv. It was called Fort Frve, and during; the 
 war was commanded by Captain William Gray, to whose 
 watchful care and uniiinchino; bravery the inhabitants 
 were greatly indebted for their safety. 
 
 About two miles from Fort Frve, a fine mill seat had 
 been discovered, at the falls of Wolf creek, which enters 
 the Muskingum from the west. Mills are among the most 
 urgent necessities of pioneer life, and this year Colonel 
 
 * The eavly settlers of Belpre included a large number of tlie old 
 officers of the Continental line, among wlioiu were Colonel Nathaniel 
 Gushing, Colonel Alexander Oliver, Colonel Silas Bent, Colonel Israel 
 Putnam, Colonel Ebenezer Battelle, Major Jonathan Haskell, Major 
 Nathan Goodale, Major Oliver Rice. Mjijor Robert Bradford, Captain 
 Zebulon Ring, Captain .John Levins, Captain Jonathan Devol, Captain 
 William Dana, Captain Jonathan .Stone, Captain Israel Stone, Captain 
 Benjamin Miles, Captain William James, and others. Besides these 
 men distinguished for intelligence an<l military service, there were 
 civilians not less esteemed. Aaron Waldo I'utnam, lion. Daniel Lor- 
 ing, Hon. Isaac Pierce, the Barkers, Rouses, and many more, might 
 be named whose descendants trace their families back to Belpre. 
 
26 Life of Ephraim Cutler. 
 
 Tiobert Oliver, Major llaffield White, and Captain John 
 Dodo-e besfan to erect mills at that point. These srrist and 
 saw-mills were completed in 1790, and were the first mills 
 ever built within the boundaries of Ohio. 
 
 Among the associates who with their families first settled 
 at the Waterford allotment, were Captain Daniel Davis and 
 liis sons, ^Major Coburn, Gilbert Devol, Esq., Captain "Will- 
 iam Gray, George, David, and William Wilson, Nathan 
 Ivinne, Major Dean Tyler, and Benjamin Convers, Esq. Mr. 
 Convers was a gentleman of real genius, public spirit, and 
 intelligence ; his early death from small-pox was a serious 
 loss to the whole community. Jervis Cutler and John 
 Gardner were among the associates, but did not remain 
 long in the settlement. 
 
 In the autumn of 1790, the settlement at Big Bottom, 
 an extensive and beautiful tract of land ten miles farther 
 up the Muskingum, was begun by a company of young 
 men. The}' were active and resolute, but unacquainted 
 with Indian warfare, and failed to exercise the caution 
 which their safety required. The large block-house which 
 they had built and occupied was unfinished; neither prop- 
 erly secured n(U' inclosed by pickets. On the 2d of Janu- 
 ary, 1791, they were surprised by a party of Delawares 
 and Wyandotts, who killed twelve of tlieir number and 
 carried five into captivity, burned the block-house, and 
 broke up the settlement. This opened the war which for 
 four years desolated the border. The Wolf creek mills 
 were abandoned, the settlers taking refuge at Marietta. 
 Waterford was now the most exposed post on the frontier. 
 The inhabitants retired to Fort Frye, which was attacked 
 bv the enemv on the 10th of March, 1791. This assault 
 was successfully resisted. One man, Wilbur Sprague, was 
 severely wonnded, and most of the cattle belonging to 
 the place were destroyed. A few weeks later, Daniel 
 ■Convers,* then a youth, was taken prisoner and carried 
 
 * Colonel Daniel Convers, second son of Benjamin Convers, Esq., of 
 Waterlord, Ohio, in 1791, when fifteen years old, was made prisoner by 
 the Indians and taken to Detroit, then a British post. IJe escaped, 
 
Life of Ephrauii Cutler. ' 27 
 
 into a toclious captivity, and tlie i)laee coiitiiincd to l)o 
 watched almost constantly by small jiai-ties of the enemy. 
 The exemption from greater loss was probably owing- to 
 the vigilance of tlie rangers or spies, who daily scouted 
 the woods about the fort, and to the large })r<)})ortion of 
 experienced oflicers and soldiers in the ])lace, whose 
 courage and steadiness were invaluable. This })oint was 
 greatly strengtJiened in 1793 by the establishment of a 
 stockaded fort, with fourteen men and se\'eral families, at 
 Olive Green. 
 
 We arrived in the country just at the time Avlien, the 
 war being over, the people had left the garrisons and were 
 movino' onto their lands. 
 
 and by the kindness of British officers was sent tlirough Canada to 
 New England, from whence he returned west nearly three yeais after 
 his captuie. He married the lovely daughter of Captain Jo^iah 
 Munro, and settled in Zanesville. lie was a genial, intelligent, and 
 successlul man. Judge Cutler always regarded him as a very dear and 
 highly valued friend. On the occasion of his death, in August, 1848, 
 he received from his son, Hon. Charles C. Convers, this announce- 
 ment: 
 
 " I write to announce to you the death of my father and your friend. 
 After an illness of almost three weeks, he, on 8atin-(lay, the 12th in- 
 stant, at 12 o'clock, at his home in this place, serenely and peaceiully 
 breathed his last, surrounded by all his children. 
 
 " He became satisfied, a few days after his attack, that he would not 
 recover, and contemplated his approaching dissolution with perfect 
 calmness and composure. His mind was clear and unclouded to the 
 last. He had no fear of death. He frequently spoke of it. At no 
 time during his protracted sickness was he foi' a moment visited with 
 faltering or misgiving, but throughout its whole progress exhibited a 
 beautiful illustration of the Christian philosopher calmly awaiting his 
 latter end. 
 
 "1 know the ancient friendship, more than IViendsliip — {he fratrmnl 
 affection — which bound my father to you and you to my father, which 
 no causes whatever were, during a long life-time, ever permitted to 
 disturb. It was an affection such as rarely occurs, such as death alone 
 dissolves, and which, now that death has dissolved it, can never again, 
 at your period of life, be sui)plied, for it ivas the growth of more than 
 half a century. ' 
 
 "I have felt that you would wish to hear of the closinjr scene of 
 your eai'ly and fast friend, aixl that you would be glad to learn that 
 his last end was tranquil and resigned." 
 
28 ' Life of Eplirahn Cutler. 
 
 Several of tlie early settlers of Waterford were from 
 Killiiigly, Coiuieeticiit, and as soon as tliey heard of our 
 arrival at Marietta, they called upon us ; and when my 
 health wonid permit, which was not till some time in Oc- 
 toher, they came with a canoe and conveyed me up the 
 Muskingum to that place. I decided to locate there, and 
 arrangements were soon made for our removal. On my 
 return to Marietta, two pirogues were provided, in wliich 
 we immediatel}' embarked, with our effects; and when we 
 reached Waterford, Captain Daniel Da^as, wdiom I had 
 assisted in l^ew England, invited us to his home, and gave 
 us at least one-luilf of the best log-house in the country 
 to dwell in during the winter. Captain Davis was the son 
 of Deacon Daniel Davis, of Killingly, a very respectable 
 man. All his family connections, which were numerous, 
 were of the most substantial Puritan character. During 
 the Revolutionary War, Captain Davis had been employed 
 in many responsible services, such as engaging men for 
 the army, supplying them with clothing and other neces- 
 saries when required, and also providing for the families 
 of those who were in active service. His patriotism led 
 him to sacrifice his own property for the benefit of the 
 public. This, with losses occasioned by the great depre- 
 ciation of the currency, had reduced him in his pecuniary 
 affairs. He possessed a robust, active body, a strong 
 mind, and that prudent forecast which makes courage 
 valuable. AVhen he came to Ohio, in 1788, he was rather 
 past the most vigorous season of life, but was very useful, 
 as all placed confidence in his firmness and integrity. 
 
 When I moved to Waterford, the settlement consisted 
 of thirty-two families, my own making the thirty-third. 
 It was an intelligent and pleasant community. On the 
 west side of the river was Colonel Robert Oliver, who 
 added to his military reputation that of an upright, dig- 
 nified mao-istrate. He was one of the directors of the 
 Ohio Company, and was, by the ap})ointment of President 
 Adams, in 1799, made a member of the legislative council 
 of the territory, and was afterward made the president of 
 the council. He was in all respects a most worthy man. 
 
Life of Ephraiin Cutler. 29 
 
 Major Ilaffield White, a sterliiii;- revulutiuiiary veteran, 
 lived here ; also, Major Dean Tyler, a scholar and a gen- 
 tleman, educated at Harvard College. He was unmarried, 
 and had no family ties here, hut by his bravery and unselfish 
 devotion to the interest of the settlers during the Indian 
 war, often hazarding his life in their service, he secured 
 the love and respect of the entire community. Colonel 
 Thompson, a distinguished revolutionary officer, and Hon. 
 Oilbert Devol, formerl}^ a judge of the Supreme Court of 
 Rhode Island, then both in the decline of life, were resi- 
 dents in Waterford. Those mentioned, with Captain Will- 
 iam Gray, Captain John Dodge, the Wilsons, and other 
 intelligent, worthy men, took the lead in matters of pul)- 
 lic interest. Their families are now spread abroad in the 
 West. 
 
 We were much more comfortable at Watei'ford tlian at 
 Marietta. Provisions such as venison, turkeys, bear meat, 
 pork, corn-meal, etc., were abundant. From our cow we 
 had plenty of milk and butter ; and I had brought from 
 Williamsport a quantity of flour sufficient to last seven or 
 eight months. Most of these articles were scarce and 
 dear at Marietta. The weather was very mild ; my team 
 found employment all winter to plow, as the ground was 
 not frozen enough to stop the plow during the whole 
 season, and very little snow fell. 
 
 Late in November, 1795, Colonel Benjamin Tallmadge, 
 the treasurer of the Ohio Company, and Dr. John Mawney 
 came on from 'New England uith special powers from a 
 larffe number of the share-holders to settle the affiiirs of 
 the company. The agents who were in this country met 
 w^ith them at Marietta. The lands then being surveyed 
 were drawn for ; a division of the lands and a final settle- 
 ment of the company's concerns was effected. 
 
 As an agent, most of my time was employed at Mari- 
 etta till this business was completed. 
 
 That winter General Putnam gave me a job of survey- 
 ing donation lots, of which there were 50,000 acres in 
 Waterford, mostly east of the river. I surveyed the lands 
 bordering on the north line of the donation tract from 
 
30 Life of Ephraim Cutler. 
 
 Meigs's creek to Bear creek, comprising all that had not 
 been previously surveyed on Olive Green, Big Run, Cat's 
 creek, and Bear creek. The avails of this kibor, which 
 was about one hundred dollars, was a great relief to me 
 in my then needy circumstances. I could not at that 
 time dispose of any of my Ohio Company lands, except 
 one Fifth Division lot, which I sold to Colonel Israel Put- 
 nam, and he applied it to cover one hundred acres in 
 Belpre. He gave me only iifty dollars for it, which 
 barely paid the expenses of our sickness on our hrst ar- 
 rival at Marietta. 
 
 I made myself acfpiainted with a considerable part of 
 the company's lands during this year, and spent some 
 time, particularly, in examining those townships near to 
 "Waterford, where the surveys were completed, and thus 
 acquired useful information respecting the value of these 
 lands. 
 
 In the spring of 179(3, we toolv possession of an empty 
 cabin in old Fort Frye. I purchased of George Wilson 
 four acres of rich bottom land near the fort covered with 
 very large beech and poplar trees, which I cleared oif, 
 cutting all the timber, and piling and burning the logs. 
 This, to a green hand, was a severe labor, as my hands 
 bore witness. I planted it in June and had a line crop of 
 corn ; I also built a cabin that summer, and removed into 
 it in the autumn. That same year I purchased of Captain 
 William Gray a lot of 68 acres, lying above the ferry, 
 a part of which is now included in the town of Beverly. 
 Here I fitted up for a store a cabin that had been upon 
 the lot, and procured goods by exchanging for tliem the 
 section of land which appertained to my AtWood share. 
 It is jSTo. 32, situated in Wesley township. I considered 
 it at the time of little value, it remained for many years 
 uncultivated, but is now, I believe, owned by actual 
 settlers. The goods were the remains of a store belong- 
 ing to General Joseph Buell ; they, of course, were not a 
 proiitable purchase if paid for in money, but as the case 
 was, it was well enough for me. 
 
 Before the first year closed of my residence in Water- 
 
Life of Ephraim Cutler. 31 
 
 ford, there Avas one clay placed in niy hands, with a letter 
 from Benjamin Ives Gilman, a packet, which, upon open- 
 ing, I found to contain three commissions from Governor 
 St. Clair — one as captain of the militia; another for justice 
 of the peace and quarter sessions; a third forjudge of the 
 Court of Common Pleas. My astonishment was over- 
 whelming. I felt my incapacity to perform the duties 
 which the civil commissions imposed upon me to such a 
 degree, that I concluded at first to return all hut that for 
 captain of the militia. While I was dehberating on the 
 subject. Major Tyler called upon me and in a delicate man- 
 ner referred to the matter, and observed that though 
 probably it might be owing principally to my father's 
 character, that the appointments had been made; yet he 
 thought I ought not to hesitate in accepting them." 
 
 Soon after I settled at Waterford, Lieutenant George 
 Ewnng informed me that lie had discovered a salt spring 
 that had furnished salt for the Indians. We were often 
 visited by numbers of Wyandotts and Shawnees, who 
 came to sell wild meat and furs, and one of these had 
 given to Mr. Ewing such information that he, with two or 
 three others, went in search of the spring, and succeeded 
 in finding the place. It was m the wilderness, nearly forty 
 miles from us, on Salt creek, at what is now Chandlers- 
 ville, in Muskingum count3\ 
 
 The article of salt was extremely difficult to procure. 
 Nearly all the salt consumed west of the AUeghanies was 
 brought over the mountains on pack-horses. The price 
 w^as seldom less than live and was sometimes seven or eight 
 dollars a bushel. People sent to Marietta to purchase it 
 by the quart or gallon. It was not only excessively dear, 
 but scarce, and hard to be obtained ; and our means of re- 
 alizing money w^ere very limited. When the springs w^ere 
 discovered, a public meeting was called, and a "Salt 
 Spring Company" formed from the settlements at Olive 
 Green, AVolf Creek Mills, Cat's creek, and Waterford, for 
 the purpose of making salt. They were divided into four 
 classes, bearing the names of these places; and, at stated 
 times, they relieved each other in the work. 
 
32 Life of Ephraim Cutler. 
 
 We took possession of the spring, cleaned it out, set the 
 large iron kettles we had for making sugar into arches, 
 and began boiling the water for salt. It was a tedious, 
 slow process. During a week of hard work, four men 
 could make about six bushels. We succeeded so far as to 
 make a full supply for the several settlements represented 
 in the company, and had some to spare. Afterward, when 
 our conveniences were improved, we could, by our best 
 efforts, make five bushels a day ; and it was a great relief 
 to the whole country. We sold it at two dollars for fifty 
 pounds. 
 
 When Zane's road, from Wheeling, Virginia, to Mays- 
 ville, Kentucky, which was authorized by Congress in 
 1796, was opened through the forest, and was made pass- 
 able for pack-horses, the inhabitants of the settlements 
 near St. Clairsville cut out a path from this road, after it 
 crossed Wills's creek, to come to the Salt Works ; and we 
 cut one through the woods to Zanesville, where Messrs. 
 McCuUoch and Crooks, with their families, had made a 
 settlement. Frequently, travelers would leave Zane's 
 road, and take the track by the Salt Works, and thus we 
 sometimes had company in our cabin for a night. 
 
 I often went up with parties to make salt, and had at 
 one time in my company a lively little Frenchman, named 
 Peter J^oblaise, who came from France with the Gallipolis 
 French. One evening, two gentlemen called, and re- 
 quested our hospitality for the night. They appeared like 
 foreigners, but spoke English well. Peter soon discovered 
 that our visitors were Frenchmen, and after we were col- 
 lected in our cabin, he and one of them became very lo- 
 quacious in their native language. Peter, being a good 
 singer, commenced the Marseilles hymn, and sang several 
 other French airs, in which he was joined by one or both 
 of the strangers. The other man, who was a person of 
 fine figure and engaging manners, confined his conversa- 
 tion mostly to me, asking many minute questions about 
 the Ohio Company and the settlers at Marietta, and es- 
 pecially respecting the French at Gallipolis. We con- 
 versed until after midnight, when I gave him my bunk 
 
Life of Ephraim Cutler. 33 
 
 and bear skin for his bed. The next mornino^ he thanked 
 ns in the most cordial manner for our entertainment. Aa 
 they were about to start, the one who had talked with Peter, 
 took him aside, and told him we had entertained the Duke 
 of Orleans [afterward Louis Phillippe, King of France]. 
 
 While we were engaged in making salt, the Indians 
 frequently visited us, and sometimes in considerable num- 
 bers. The young Delaware chief, George White Eyes, 
 was, on one occasion, with a large party hunting in the 
 region around us, when an event occurred which is per- 
 haps worth relating, as illustrating Indian customs. He, 
 with his wife and Old Tom, a Stockbridge Indian, with a 
 bottle of whisky, were together drinking, when a quarrel 
 ensued, and Old Tom struck White Eyes on the temple 
 with the pipe end of his tomahawk, felling him to the 
 ground, and then fled. The wife of White Eyes came at 
 once to the salt works, and most earnestly urged our party 
 to go out and bring her husband in. Four of us imme- 
 diately started with her, and found him senseless, and but 
 just breathing. We conveyed him to the salt works, and 
 soon a laro-e number of Indians came into the station. 
 The squaws immediately proceeded to construct a place 
 by digging a hole on the edge of a steep bank, where they 
 built a tire with spice-wood, and placed over it a large flat 
 stone. White Eyes was then brought and his wound 
 treated according to Indian custom, by placing his head 
 above the stone, at a little distance, one squaw brought 
 water and poured on the hot stone, while another held a 
 dressed deer skin, formed somewhat in a funnel shape, 
 over his head to condense the steam, which occasioned a 
 strong current of steam to envelop his head. This they 
 continued to do for several hours, and the next day White 
 Eyes * was able to go about with his party. 
 
 * Captain White Eyes, the father of George White Eyes, wa?, at tlie 
 time of the first settlement on the Ohio Company's purchase, an influ- 
 ential chief of the Delaware tribe, and friendly to the white men. He 
 was more than once ceremoniously received in the halls of Congress, 
 at whose expense his son is said to have been educated at Princeton 
 
 3 
 
84 Life of Ephraim. Cutler. 
 
 College. Young George White Eyes, on his return to his native woods, 
 resumed the habits of his early life. He was of small stature, but of 
 a bright, intelligent countenance. His wife is described by the early 
 settlers as a beautiful, uncultivated Indian girl, with long glossy hair 
 hanging down over her well-formed slioulders. She wore, usually, a 
 blue broadcloth dress, profusely ornamented with brooches, and moc- 
 casins highly decorated in the style of her people. Soon after his ad- 
 venture at the salt spring, George White Eyes, while intoxicated, was 
 killed by a white man in Jefferson county. His death caused great 
 excitement among the Indians, and war was feared, V)ut, through the 
 intluence of Bazaleel Wells, Esq., and by a judicious and liberal supply 
 of presents, the storm was allayed, and the friends of the dead chief 
 conciliated. 
 
lAfe of Ephraliit Cutler. 85 
 
 CHAPTER III. 
 
 Settlement at Ames — School Lands. 
 
 In 1797, I purchased of Captain Jobu Dodge about six- 
 hundred acres of his lands in town 6, range 18, for which 
 I agreed to let him have the lot I l)ought of Gray in 
 Waterford, This led me to examine with great care other 
 lands I owned in the same township, and I explored and cut 
 out a horse-path, some twenty miles to the waters of Fed- 
 eral creek, upon which these lands were situated. After 
 several visits I determined to remove there and commence 
 a settlement. Althouu:li in part hillv, the countrv was 
 exceedingly fertile and well watered, and I was satisfied 
 that " the lines had fallen to me in pleasant places, and 
 the Lord had o-iven me a o:oodlv heritag^e." 
 
 When I left Xew England I expected to make farming 
 the occupation of my life, and was encouraged to do so 
 bv my father,* and I decided to make the e.\i)eriment 
 on these lands. 
 
 * About this time Dr. Cutler wrote to him as follows: " It gives me 
 mucli pleasure to hear of the attention and respect that has been paid 
 you in the apjtointments you have received, which are distinguishing: 
 evidences of your good conduct. General Putnam wrote me that you 
 were appointed a justice of the Court of Common Pleas. You inform 
 me you have 1800 acres of land on Federal creek, where you propose 
 to settle, having on it a mill-seat and the ))rospect of a salt spring. I 
 have earnestly wished you to have a good farm, to establish if possi- 
 ble a good landed interest in preference to trade, or any other object, 
 for there is nothing in this country that will render a man so com- 
 pletely independent and secure against the dithculties which arise 
 from the changes which the times, tlie state of the country, and other 
 contingencies may occasion, and which are and always will be taking 
 place in the world. But my situation does not ])ermit me to form a 
 judgment when, or in what way this can best be done. You know 
 that it requires a long time before many essential parts of a good 
 farm can be brought to be productive. Orcharding, in particular, is a 
 
36 Life of Ephraim Cutler. 
 
 Lieutenant Ewing had sold his land near Olive Green 
 creek, and with Captain Benjamin Brown proposed to ac- 
 company me on one of ray trips and view my lands. This 
 ended in an arrangement that, on condition I would sell 
 them one hundred acres, and donate one hundred acres to 
 each, they would unite with me in commencing a settle- 
 ment. After a thorough exploration they made their se- 
 lection of land, and Mr. Ewing, having previously made a 
 small clearing and built a cabin, moved his family out in 
 March, 1798, but Captain Brown was not ready to com- 
 mence his improvements until about the close of that year, 
 and did not remove before the spring of 1799. 
 
 Better men could scarcely be found to aid in laying the 
 foundations of a new settlement. Lieutenant George Ew- 
 ing was a native of New Jersey. He entered the Revo- 
 lutionary army when young, was noticed for his good 
 conduct and bravery, and receive(J a commission as iirst 
 lieutenant in that distinguished corps, the Jersey BJues. 
 Soon after the return of peace, with his wife and young 
 family, he set his face westward, and for a few years re- 
 sided near Wheeling, Virginia; but in 1793, Avith a num- 
 ber of other families from that vicinity, removed to Water- 
 ford, then the frontier post on the Muskingum. They 
 were entitled to lands appropriated by Congress to those 
 wdio at that period adventured their lives to defend the 
 border against the Indians. They selected a tract on the 
 
 long time in maturing. Human life is short and uncertain ; the sooner 
 such a work is undertaken the better, if circumstances will permit it. 
 " In what I have written on this subject, it has not been my desire 
 to precipitate you beyond what is for your real interest. Of this you 
 must be the judge. But it is an object I wish you to keep in view 
 above any other. There are many pleasing circumstances which at- 
 tend employment in public business, but it is always hazardous de- 
 pending on it for a living. The profits usually are small, it takes up 
 much time, and the duration of such business ought to be considered 
 in a degree precarious. Why can you not begin the settlement on 
 these lands without moving immediately on to them yourself? Will 
 it not be profitable to get a number of tenants, if they can be procured, 
 to locate on such a tract? Would it not be eventually profitable to 
 give them almost any advantage short of a title to the soil?" 
 
Life of Ephraim Cutler. 37 
 
 Muskingum, below the mouth of Olive Green, about four 
 miles above Waterford, where they built a stockaded fort 
 and began to improve their lands. By prudence and vig- 
 ilance they maintained their position till the close of the 
 war, with the loss of but one man — Abel Sherman. 
 
 Mr. Ewing possessed a large fund of sterling sense and 
 kindliness, combined with lively wit and good humor, and 
 was in all respects a most worthy man. In the settlement 
 on Federal creek, he was ever ready to promote schools, 
 the library, and every measure calculated to advance the 
 public good. Captain Benjamin Brown was a native of 
 Massachusetts, and was a no less estimable character. He 
 entered the army in 1775, was a lieutenant in Colonel 
 Prescott's regiment at the battle of Bunker Hill, was pro- 
 moted a captain, was in the battle of White Plains, was 
 at the taking of Hackensack under General Parsons, and 
 in manv other eno^as^ements. He was the first man to 
 enter the Hessian works at Saratoga, October 7, 1777, 
 when they were stormed and taken by the Americans. 
 For his distinguished gallantry, he was offered a position 
 on the staff of General De Kalb, which he declined. 
 Compelled to provide for the support of his family, he re- 
 signed liis commission after four 3'ears of meritorious 
 service. He came with his family to the North-west Ter- 
 ritory in 1797. Captain Brown was a most useful mem- 
 ber of the new settlement, doing much in every way for 
 its advancement. I think it is due to these two men to 
 place upon record something of their achievements and 
 character. Their history is part and parcel of the history 
 of our beloved country. The labors and daring of these 
 men, and others like them, gave to tliat country its 
 national existence. They possessed an uncommon share 
 of courage and perseverance, and it required such men to 
 begin an isohited settlement in the midst of the hunting- 
 grounds of the savages, who regarded the advance of the 
 white man with little favor. The rich limestone hills and 
 valleys, and the chestnut ridges, furnished abundant food 
 for wild animals of every description, and the region for 
 many miles around had not been invaded by civilized men, 
 
SS Life of Ephraim Cutler. 
 
 witli the exception of the surveyors of the Ohio Conipuny 
 and a few solitary white hunters. 
 
 Captain Brown and I gave Mr, Ewing assurances that 
 we would follow him as soon as necessary arrangements 
 could be made. Circumstances, however, prevented until 
 April 16, 1709, when I went out with Joseph Pierce and 
 Wright Convers, and made the hrst opening on my Fed- 
 eral creek farm hy beginning to clear a place for a cabin 
 on lot No. 4, town. G, which township was afterward 
 named "Ames," as a memorial of the services of the Hon. 
 Fisher Ames, (jf Massachusetts, in procuring a settlement 
 between the United States government and the Ohio 
 Company, and in obtaining a grant of one hundred thou- 
 sand acres of donation lands to encourage settlements 
 within the l)ounds of the company's purchase. 
 
 By the lirst of May, we had cut down the trees standing 
 on about one acre, and had the logs ready for a cabin, 
 when a rain fell sufficient to raise Federal creek so as to 
 admit large pirogues to come within two miles of my 
 place. I started at once with my two men and Samuel 
 Brown for AVaterford, with the purpose of having our 
 goods brought round by water. When we came to Wolf 
 creek on our way, it was so swelled by the late rain as to 
 be impassable. We found a large bitter-nut hickory tree 
 standing near the creek, which we cut down, and peeled 
 off the bark from about thirtv feet of the trunk; and with 
 the bark of the leatherwood, which grew there in abun- 
 bance, we sewed up the two ends; then smeared the slip- 
 pery inside with earth, so that we could stand up in it, 
 and launched it into the creek. We made some paddles 
 of the wood of the hickory tree, an<l went aboard our 
 craft. Finding it a better boat than we expected, instead 
 of crossing the stream, as we at iirst intended, we con- 
 cluded to use it to convey us down to Wolf Creek Mills, 
 fifteen miles below. The current bore us on at a good 
 speed. Presently we saw a bear on the bank about to 
 swim the creek. Having a ritle on board, we shot him, 
 and landing, carefully placed our prize in our frail canoe. 
 This, with the four persons, was rather too heavy a load, 
 
Life of Ephra'nn Cutler. 89 
 
 and the leatlierwood str'mo-s threatened to u'lve out. I 
 laid myself down, and graspino; my hands around the 
 bow of our boat, remained in that position, hohling it 
 firmly together, until we arrived witli our cargo safely at 
 the mills. 
 
 Pirogues and men liad ])ecMi {ireviously engaged, and 
 the next day thev started with our ijoods and furniture, 
 down the Muskingum and Ohio, then u}) the Hocking 
 river and Federal creek, a distance, altogethei*. of about 
 eighty miles. 
 
 Captain Brown had i)repared a cabin on his land, and 
 both his family and my own were now to be removed. 
 There had been added to our family while in AVaterford 
 two children; Mary, born July 30, 1796, and Daniel C, 
 born February 20, 1799 — he was then about three months 
 old. I, with four horses, took Mrs. Brown and Mrs. Cut- 
 ler, and all our children,* to go near twenty miles through 
 
 * Judge Cutler gave each of his three eldest children a farm in 
 Ames. 
 
 In 1814, Nancy Culler went with her uncle, Major Jervis Cutler, to 
 New England, by way of Baltimore, just escaping the British army as 
 it entered the city. She rode on horseback from Ohio to Philadelphia, 
 and thence in a chaise to Hamilton, Massachusetts, where she remained 
 at school nearly three years After her return to Ohio, she married 
 Rufus Gregory < arter. Her long and exemplary life closed in Frank- 
 lin county, Ohio, December 31, 1882, in her ninety-third year. 
 
 Charles Cutler possessed a pleAsant disposition and agreeable man- 
 ners. He was accustomed to the forests from his childhood, was per- 
 fectly fearless and never bewildered in their depths. Expert in all 
 woodcraft, he enjoyed equally a run with the hounds or a stroll with 
 his rifle. He married, in 1819, Maria, eldest daughter of Hon. George 
 Walker, and settled in Ames. He was colonel of militia and a practi- 
 cal surveyor. He finally removed to Chauncy, and engaged in mer- 
 cantile business; but meeting with losses, he joined a California com- 
 pany, and died of cholera on the overland route. May 24, 1849, aged 
 fifty-seven years. 
 
 Mary Cutler married Gulliver Dean, and resided on the farm given to 
 her by her father. She was a most amiable, intelligent, Christian lady. 
 She and her husband were among the earliest pioneers of Methodism 
 in Ames. She died February 18, 1872, aged seventy-six years. 
 
 Daniel Goyivers Cutler remained in New England in the family of his 
 grandfather, Rev. Manasseh Cutler, until 1816, when he returned to 
 
40 Life of Ephraim Cutler. 
 
 an entire wilderness to onr new home. Night overtook 
 us before we were able to cross Sharp's Fork of Federal 
 creek, and we were obliged to encamp. We experienced 
 a very rainy night, and the creek, .in the morning, was 
 rapidly rising, I hurried, and got Mrs. Brown and Mrs. 
 Cutler and the children, with the baggage and horses, 
 over the creek, all except A. G. Brown, then a child per- 
 haps two years old, whom I took in my arms, and as I 
 stepped on a drift of flood-wood which reached across the 
 creek, it broke away from the bank. We were in danger, 
 but a gracious Providence preserved us, and we got safely 
 across. We reached our c^imp, near which we afterward 
 built our cabin, May 7, 1799. 
 
 The pirogues arrived with our goods the next day, and 
 landed them near the place since owned by Colonel A. 
 Boyles. We cut a road through the woods and brush two 
 miles, and hauled up our things and placed them in the 
 camp ; which, being covered with black-ash bark that 
 curled up by the heat of the sun, proved a poor protection 
 against the frequent showers. As the creek was falling, 
 we could not detain the boatmen to help raise the cabin 
 as we intended, for this would prevent them from getting 
 their boats back. Captain Brown, Mr. Ewi ng, and I re- 
 mained and raised the cabin ; but we could not make and 
 put on the shingles, and it was more than two weeks be- 
 fore the hands returned to do it. 
 
 We set ourselves to prepare a piece of ground for plant- 
 ing. The timber was large, principally beech and sugar- 
 tree, all of which we cut down and piled, and burned the 
 most of it. Four acres were cleared ready to plant by the 
 fifteenth of June, and we planted it on the sixteenth. 
 From this patch of ground I raised that year one hundred 
 and fifty bushels of corn that ripened well. I had a fine 
 
 Ohio. He married Betsey, daughter of Abel Larkin, Esq., of Meigs 
 county, Ohio. His father gave him a (arm in Warren, near his own. 
 Tiiis lie sold in 1857, and removed to Kansas, where he died, January 
 10, 1887, aged eighty-niglit years. He was a substantial farmer, a good 
 cilizen, and an upright, Christian man. The towjiship in Kansas 
 where he lived bears his name. 
 
Life, of Ephraim Cutler. 41 
 
 lot of swine, twenty head of cattle, and two liorses. The 
 crop was snfficient to keep my stock, the winter being' 
 mild ; and to fatten a good lot of pork. The forest, how- 
 ever, was a great help, for the snpply of nnts and acorns 
 was inexhaustible. 
 
 The next day after I finished planting, I had to find my 
 way through the woods to Marietta, to attend court. A 
 path had been cut from Marietta to Athens, which crossed 
 Federal creek a little below Marietta run. I struck 
 through the woods until I found this path. I was thus 
 called away to attend court four times a vear, and had to 
 spend two weeks or more each time. The Quarter Sessions 
 sat generally about a week, then the Court of Common 
 Pleas commenced and sat at least a week. The judges 
 had no per diem or traveling pay. All .that the justices 
 of the sessions received was derived from the fines in 
 criminal suits. The judges of the Common Pleas had a 
 small bill of costs allowed them on rendering judgment. 
 This, when divided, was but a small sum to each. During 
 the seven years I served in these courts, my dividend was 
 not sufficient, but in a single instance, to pa}' ray weekly 
 board while at Marietta. I did not receive a cent for ten 
 weeks of service each year in this interesting period of 
 my life, when every day was important in clearing land, 
 and securing a livelihood. I never failed attending a 
 single court. I often had to camp in the wilderness for a 
 night, going or returning. When the weather would per- 
 mit, I spanceled my horse (that is, tied his fore-legs to- 
 gether with a cord) and, without fire, laid down beside 
 some old decaying tree that had fallen, and thus passed 
 the night. 
 
 The country immediately adjoining, north and west of 
 us, was a favorite hunting ground of the Indians, which 
 they never failed to occupy in large parties during the 
 hunting season, until the war of 1812 commenced, when 
 they withdrew. They sometimes visited us, but did us 
 little injury, except stealing two horses. Tiie bufialo and 
 elk were not vet exterminated ; deer and bears were 
 
42 Life of Ephralm Cutler. 
 
 abundant, and wild turkeys innumerable. Wolves and 
 panthers also infested the woods. 
 
 The settlement was not compact ; the families that first 
 came lived from one to two miles apart, and our nearest 
 means of communication with any civilized people was by 
 a narrow pack-horse track over hills and across streams, 
 sometimes impassable, to the distant settlement at Wolf 
 -creek mills. Our friends considered us in a dans^erous 
 situation, quite on the outskirts of civilization, in the 
 midst of a howlinij wilderness. 
 
 We, of course, depended on these mills for grain and 
 meal. Several persons Mdio were indebted to me when I 
 left Waterford agreed to leave grain at the mills for me. 
 The next fall, after we moved on to Federal creek, as Mr. 
 Ewing was going to the mill, and our stock of bread-stuff 
 was about expended, we sent with him our horses and 
 Charles, not yet eight years old, to bring home a grist for 
 us. The next day Charles discovered about noon that 
 Mr. Ewing would be detained another day; being natur- 
 ally of a fearless disposition, he got the miller to load his 
 horses, and mounted and started home alone. We were 
 expecting him. The wolves had given us a very unwel- 
 come serenade durins: the evening ; his mother felt un- 
 easy, and could not retire to rest, but a little after mid- 
 night she was relieved, and assured of his safety, by hear- 
 ing his voice singing cheerily as he came through the 
 woods. 
 
 The settlers soon wearied of conveying grists and goods 
 on pack-horses, and the next winter determined to cut out 
 a wider and better road which could be used for teams. 
 A beginning was made, but at the end of ten miles, the 
 weather became so unpleasant that the party broke up 
 and all returned home, except Joseph Brown and myself. 
 We had a horse and a sled with a voke of oxen with us, 
 and proceeded toward the mills, cutting our way as we 
 went. The days at that time of year are short, and as it 
 snowed incessantly, the hours of daylight were few, and 
 night found us only four miles from the place we left tliat 
 morning, and the snow a foot deep. With flint and 
 
Life of Ephrdim Cn/lfr. 4'> 
 
 tinder we lighted a lire and canii)ed down for the night. 
 The next mornine; we found several inches of snow on tlie 
 blanket that covered us. We continued our tedious 
 iournev which, as the cold increased, a;rcw everv mile 
 more difficult. The horse tired of so slow a march l)roke 
 from us and pursue<l his way toward the Muskingum. 
 Leaving Brown with the team, I endeavored to overtake 
 and secure him, but although I two or thiH'c t lines got 
 near enough to grasp his tail, he sprang from me, and 
 after following a mile or two, I gave up the pursuit ; and 
 the next time I heard of him was at TIarmar, where he 
 came in with the harness and collar about his neck. I 
 was myself chilled through and almost exhausted ; and 
 when I D^ot back to vouno- Brown, he was crying with 
 cold, and in despair of ever getting to any settlement. I 
 encouraged him to keep on, and we soon got into a road 
 which Mr. Proctor had cut out to the land u[)on which 
 he afterward settled. We had now but littk^ chopping to 
 do, but the snow was still falling, and at every step we 
 sank into it some inches above our knees. Brown began 
 to grow stupid, and it was only by frequently shaking him 
 that I could rouse him and keep him from going to sleep. 
 About midnight we came to Mr. William Ford's, the first 
 habitation. Here, the night being intensely cold, a good 
 fire was burning; and Mr. and Mrs. Ford arose to receive 
 us, and kindly administered to our necessities; })utting 
 our hands and feet, which were badly frozen, into cold 
 spring water, and carefully bathing our faces, which were 
 in about the same condition. It was several days before 
 we could leave their hospitable house; and much longer 
 before we were able to return home with the grist for 
 which we had made this comfortless journey. That snow 
 is remembered by the old settlers as the deepest ever 
 known in this part of the country. I have always con- 
 sidered it a merciful Providence that our lives were })i-c- 
 served. 
 
 The first territorial legislature, at their second session, 
 passed, November 27, 1800, "An act authorizing the leas- 
 ing of lands granted for the support of schools and for 
 
44 Life of Ephraim Cutler. 
 
 religious purposes in the county of Washington," and ap- 
 pointed seven commissioners or trustees to carry out the 
 act, and named me as one. I accepted the trust, and was, 
 with the Hon, Isaac Pierce, authorized by the board of 
 trustees to personally examine, and at our discretion to 
 lease for seven years, any tract that should be applied for 
 in the school or ministerial sections IN'os. 16 and 29, in 
 each township west of the east line of Range IX. This 
 duty was a laborious one, and occasioned us considerable 
 travel in the wilderness. We were called to view and 
 lease a number of sections in Gallia county, one of which 
 composed a part of the out-lots of Gallipolis. The whole 
 board assembled to put a value on the city lots situated 
 within the bounds of section 29, Range VIII, at Marietta. 
 [In a letter from Judge Cutler to his father. Rev. Dr. 
 Cutler, dated "Marietta, January 8, 1801," he says of this 
 meetino; : " I am now here attending a meeting of the 
 trustees for the county of Washington for the purpose of 
 determining on the principles for leasing all the ministerial 
 and school lands in the Ohio Compan3^'s purchase. In 
 the session of our legislature which met in October last. 
 Griffin Green, Robert Oliver, Jonathan Stone, Isaac 
 Pierce, Ephraim Cutler, Benjamin I. Oilman, and William 
 Rufus Putnam * were incorporated as a body corporate 
 
 * William Kufus Putnam, born in {{inland, Massachusetts, Decem- 
 ber 12, 1771, was a son of General Kufus Putnam, wlio superintended 
 the first settlement made at Marietta, Ohio, April 7, 1788. fie was 
 educated at a school in charge of the celebrated Dr. Dwight, afterward 
 president of Yale College. He came to Marietta in 1790, and assisted 
 his father, who was a director of the Ohio C.)mpany and surveyor-gen- 
 eral of the United States. Jn 1801, he was a representative from 
 Washington county in the teriitoi'ial legislatuie, where he distin- 
 guished himself as an able speaker and law-maker. He was regarded 
 as a young man of great promise, and no public station need have 
 been beyond his ambition. But alter the ^tate government was 
 formed, like many other true men, he would not surrender his princi- 
 ples to secure {)ublic favor, and therefore for nearly a quarter of a 
 century he held no office out of his own county — a comp.irative ob- 
 scurity which he liore with great cheerfulness. 
 
 In 1826, he was elected to the House of Representatives in the state 
 legislature, and was re-elected the next year, alter which he served a 
 
Life of LJphraim Cutler. 45 
 
 and politic forever, to hold in trust the lots Nos. 29 and 
 16, in each township of the Ohio Company's purchase, 
 and were empowered to lease lot H^o. 29 in the town of 
 Marietta (where it has been built upon, or may be here- 
 after built upon), with permanent leases. Houses worth 
 two thousand dollars and upward are entitled to a perma- 
 nent lease for one acre, and houses of less value to a less 
 quantity. A house of the value of two hundred and fifty 
 dollars is e-utitled to one-third of an acre, but houses of 
 less value are not entitled to a permanent lease. The 
 permanent leases are to bear such rent as the trustees 
 aifix, provided the same do not exceed ten dollars for one- 
 third of an acre, or be less than one dollar. The other 
 lands in lot ISTo. 29 in Marietta are to be leased for a term 
 not exceeding seven years, nor less than three years, at a 
 sum not exceeding five dollars for one-third of an acre. 
 The lands in all the other lots in the purchase are to be 
 leased for such improvements as the trustees may think 
 proper, for a term not to exceed seven years, nor less than 
 three years. 
 
 "The law places ample powers in the hands of the 
 trustees, and is universally agreeable to the wishes of the 
 people. This is our first meeting. We have fixed upon 
 certain leading principles by which to be governed in the 
 conducting of this business, the wisdom of which will 
 now be put to the test of experiment. There has been 
 the greatest harmony and union of sentiment with the 
 trustees, wdiich, if it continues, will add to our usefulness, 
 and I have not the most distant fear of the contrary." 
 
 The care which the trustees exercised in the manage- 
 ment of their trust is shown by the following lease, found 
 among Judge Cutler's papers : 
 
 " This Indenture, made the first day of April, in the 
 year of our Lord one thousand eight hundred and one, 
 
 'term in the Senate. In ]840, he was one of the presidential electors 
 at large on the Harrison ticket. He was for many years an efficient 
 member of the board of trustees of the Ohio University, at Athens, 
 and a pillar of the Congregational Church at Marietta. 
 
4(1 Life of Ei>hraim Cutler, 
 
 between the Trustees for managing lands granted for Ke- 
 ligious purposes and for the support of Scliools in the 
 county of Washington witliin tlie Ohio Company's pur- 
 chase of the one part ; and Hugh Boyle of Ames in the 
 County of Washington, North-west Territory, Esquire, of 
 the other part, Witnesseth, That the said Trustees, in pur- 
 suance of the seventeenth section of the law of the Ter- 
 ritory aforesaid, passed the twenty-seventh day of Novem- 
 ber one thousand eight hundred, intituled, 'An Act author- 
 izing the leasing of land granted for the support of 
 Schools, and for Religious purposes in the County of 
 Washington,' have granted, leased, and to farm let unto 
 the said Hugh Boyle, his heirs and assigns, a certain tract 
 or parcel of land situate in tlie township of Ames afore- 
 said, butted and bounded as follows, viz : Mile lot No. 16 
 in the 12th Township in the Fifteenth Range, granted for 
 the support of Schools ; for the term of seven years, com- 
 mencing from and after the First day of April Instant, on 
 condition that the following improvements shall be made 
 w'hich the said Hugh Boyle covenants and agrees to make, 
 do aiid perform on pemxlty of one hundred dollars, in 
 which sum he binds himself, his heirs and assigns to pay 
 to the Trustees aforesaid if the follow^ing conditions are 
 not complied with on his part viz : — not to make unneces- 
 sary waste of timber, nor to injure sugar trees, and within 
 seven years from the commencement of his term to clear 
 Twelve acres of all trees, brush and wood. Five acres of 
 which shall be suitable orchard ground, and set out or 
 planted with Two hundred apple-trees, thrifty and of a 
 proper size to set in an orchard; which orchard shall be 
 enclosed by itself with a good and lawful fence and kept 
 in constant repair, and no animals of any kind suft'ered to 
 feed or graze therein ; the remainder of the Twelve acres 
 to be the most suitable land for meadow, and seeded in a 
 proper manner with herds-grass and clover seeds, and the 
 said meadow shall be fenced and improved in a good hus- 
 bandman-like manner. — Furthermore, the said Hugh 
 Bovlc covenants, that within the term of his lease he will 
 clear six acres in a suitable manner for pasturing, and 
 
Life of Ephraim Cutler. 47 
 
 seed the same with a proper quantity of clover and herds- 
 grass seed; and also that he will clear in a proper manner 
 and have under improvement and cultivation at the end 
 of his term ; — the several lots of land covenanted and 
 agreed to be cleared as aforesaid shall be separately en- 
 closed with a good and snfHcient fence agreeably to the 
 law of the Territory, when the said Hugh Boyle is to 
 yield peaceable and quiet possession, 
 
 "In witness whereof the said Trustees liave caused Wm. 
 Rufus Putnam, their clerk, to subscribe his name and aflix 
 the seal of the Cori)oration, and the said Hugh Boyle 
 hath also interchangeably set his hand and seal the day 
 and year first above written, 
 
 "Hugh Boyle. [seal.] 
 
 " Wm. Rufus Putnam, [seal.] 
 
 " Sisfued Sealed and Delivered 
 in presence of 
 " Benja. Beadle, 
 "James Convers." 
 
 In a letter dated April 25, 1801, Judge Cutler writes to 
 his father : " The trustees for num aging lands granted for 
 religious purposes and the support of schools in this 
 countv have had a lone; session. We have conducted our 
 business thus far with the utmost harmony. We have 
 fixed the ground rent for permanent leases at Marietta on 
 about twenty lots. The rent is fixed from about four to 
 eight dollars for one-third of an acre, according to the 
 situation. The other parts of that lot are leased for seven 
 years, in consideration of having certain improvements 
 made — orchards set out, and the like, but no rent paid 
 until this lease expires." 
 
 In the letter, dated at Ames, from which the foregoing 
 extract is taken, the writer also gives some items respect- 
 ing the progress of the new settlements on Federal creek: 
 "When I first moved out here, a tract of country thirtv 
 miles square, nearly in the center of which the university 
 townships are situated, was incorporated by the name of 
 
48 Life of Ephraim Cutler. 
 
 Middletown. Most of the inhabitants within its bounds 
 at that time were settled on the college lands, except a 
 few on one or two school or ministerial lots lying on the 
 Hockhocking river. Those who came out with me, and 
 those who have moved here since, are freeholders, and, 
 generally speaking, are a ver}^ different class of people 
 from those who settled on the public lands; therefore, at 
 our last court, by the united petition of our inhabitants, 
 we were incorporated by the name of Ames. This name 
 I proposed to the people, and they unanimously agreed to 
 it (after offering and insisting upon the name of Cutler,- 
 which I thought best to oppose). The able support the 
 Hon. Fisher Ames gave you and the other directors, in 
 settling your business wdth Congress, and his enlightened, 
 enlarged, and truly just ideas respecting the western 
 country and politics in general, with other reasons, in- 
 duced me to fix on this name. 
 
 " We have one hundred and sixty-one souls in Ames, 
 which was two years ago a howling wilderness, where only 
 wnld beasts and hostile savages were found. Suffer me to 
 say, for it has cost me months of toil and anxiety, that of 
 this settlement I look upon myself as the sole founder. I 
 do think that its native w^oods would yet clothe every 
 foot of it, if I had not stepped forward and made the ex- 
 ertions I have, regardless of trouble and fatigue. But I 
 am richly repaid by the success which has crowned the 
 undertakino-. 
 
 " The township of Ames contains about one-fourth of 
 the territory of what w^as formerly Middletown. There 
 are in the latter nine hundred and seventy-three inhabi- 
 tants mostly on the college lands. There are now" ten 
 families living within about two miles of me ; and fifteen 
 others, at a greater distance, have moved on to their land 
 and begun clearing; and thirty more families are expected 
 this spring. These who are now, or are soon to be my 
 neighbors, were most of them induced to move here from 
 personal friendship for me, or were influenced by me to 
 come. 
 
 " We have had one of the finest winters for business I 
 
Life of Ephraim Cutler. 49 
 
 ever knew. I have employed three hands all winter to as 
 great advantage almost as I could in summer. I have 
 got my barn (forty-six by thirty feet) built ; my saw-mill 
 all framed and the gears made, and have dug a race forty- 
 five rods long, and hope to get my saw-mill to run in 
 three or four weeks, and my grist-mill before next 
 winter."] Judge Cutler, in his narrative, says : The re- 
 spectability and success of the settlement at Ames resulted 
 I believe from the character of its early citizens, and the 
 direction they gave to its affairs. Of these, besides Cap- 
 tain Brown and Lieutenant Ewing before mentioned, 
 were Silvanus Ames (afterward judge) and his accom- 
 plished and estimable wife, who came here in 1800, and 
 near the same time the worthy Deacon Joshua Wyatt and 
 his wife, a pious and intelligent woman, also Mr. John 
 Brown and Colonel Absalom Boyles, both prominent and 
 useful men. About 1804, a number of good families 
 moved into the township, among them Judge George 
 Walker, an active and influential citizen, Mr. Jason Rice, 
 Mr. Abel Glazier, and other desirable accessions. 
 
 The settlers very early entered into, an agreement not 
 to use ardent spirits at elections, on the fourth of July, at 
 social parties, raisings, logging-bees, or any public occa- 
 sion, and to this engagement they strictly adhered for 
 many years. The Sabbath was also observed as a day of 
 rest, and meetings for public worship were held, conducted 
 by Deacon Wyatt. On these occasions Burder's Village 
 Sermons were usually read. 
 
 Schools of an elevated character were soon established. 
 In 1801, my cousin, Moses Everett, taught a school in a 
 room of my house. He afterward kept a school in Galli- 
 polis. He was the son of Rev. Moses Everett, of Dor- 
 chester, Massachusetts, and a graduate of Harvard in 1796. 
 He entered the army and died at Fort Erie in 1814. The 
 next teacher was my brother, Charles Cutler,* who came 
 
 * Charles Cutler, son of Rev. Manasseh Cutler, LL.D., was born 
 March 26, 1773; graduated at Harvard College, 1793; taught in the 
 
50 Life of JEphraim Cutler. 
 
 to Ohio earlv in 1802. He srraduated at Harvard Colles-e 
 ill 1793, and taught school several years in Boston. He 
 was a man of ability and a iine scholar. He came to the 
 west, on account of his health, and died at my house in 
 Ames, September 17, 1805, 
 
 I took the United States Gazette, at that time the only 
 paper taken in the place, and this, except by fortunate 
 accident, did not iirrive much oftener than once in three 
 months. In our isolated situation, we felt the need of 
 other means of acquiring information. At a public meet- 
 ing of tlie inhabitants of Ames, called to devise means to 
 improve our roads, and to consult about making one to 
 connect the settlement at Sunday creek with that on Fed- 
 eral creek, held in the autumn of 1802 ; the intellectual 
 wants of the neighborhood became the sulyect of the con- 
 versation. It was suggested that a library would su})pl3' 
 what was needed, but the settlers had no money, and, 
 with few exceptions, were in debt for their lands. The 
 question of ways and means was discussed. Mr. Josiah 
 True, of Sunday creek settlement, proposed to obtain the 
 
 South Latin School, Boston. Went into tlie army in 1798 as lieuten- 
 ant and quartermaster of the 15th regiment, stationed at Portland, 
 Maine; returned to Boston in 18UI', and read law with Hon. Harrison 
 G. Otis. On account of ill-health came to Ohio in 1802, and died at 
 the age of thirty-two years. He was a talented and scholarly man. 
 
 In a bundle of faded letters, the following note from Mr. Cutler's 
 scholars was found. 
 
 "Ames, April 13, 1803. Mr. Charles Cutler. Sir: The time having 
 arrived which dissolves the relation of tutor and pupils, which has sub- 
 sisted between us, we can not take leave of you without expressing a 
 lively sense of the obligations we are under for the care and attention 
 with which you have directed our studies. The progress we have made 
 under the many disadvantages which both you and we have had to en- 
 counter, must, in a great measure, be owing to your uncommon skill and 
 unwearied diligence. Accept, therefore, sir, our tribute of thanks and 
 be assured that while the vital spark continues to warm our hearts, 
 the name ol Mr. Cutler shall be held in grateful remembrance. 
 George Ewing, Jr., Sally Ewing, Rachel Ewing, Abigail Evving, Hannah 
 H. Ewing, Thomas Ewing, John Brown, Kichard Lenox, Samuel 
 Brown, Aphia Brown, Patience Brown, Anna Steine, John Boyles, 
 Eleanor Lenox, Ji)seph Brown, Martin Boyles, .Tane H. Ewing, Abra- 
 ham Lenox, .John Lenox, James Lenox." 
 
Life of JSphraim Cutler. 51 
 
 means by catching 'coons, and sending their skins to Bos- 
 ton by Samuel Brown, Esq., who expected to go east in a 
 wagon the next summer. Esquire Brown was present 
 and assented to this proposition. Our young men were 
 active hunters ; the 'coon skins and other furs were fur- 
 nished and sent to market, and tlie books were bought. 
 The Rev. Thaddeus Harris and the Rev. Dr. Manasseh 
 Cutler selected for us about fifty volumes of choice books, 
 and to these additions were made from time to time. As 
 the settlement increased and children grew up, readers 
 were multiplied, and all could have access to the library. 
 
 More than fifty young men were trained under these in- 
 fluences and have gone out into the world ; some as intelli- 
 gent farmers, some as successful merchants, others as pro- 
 fessional teachers, lawyers, and judges, or ministers of the 
 gospel — and all have been useful and respectable citizens. 
 
 Several of the number were educated at the Ohio Uni- 
 versity; among these was the Hon. Thomas Ewing, who, 
 by his talents and industry, achieved as a lawyer, states- 
 men, and cabinet otiicer a national reputation.* 
 
 *Another remarkable instance is the Rev. Edward R. Ames, D.D., 
 the late eloquent and distinguished Bishop of the Methodist Episcopal 
 Church. 
 
52 Life of Ephraim Cutler. 
 
 CHAPTER IV. 
 
 Territorial Legislature — The Convention. 
 
 In September, 1801, I was elected a member of the ter- 
 ritorial legislature for the county of Washington, William 
 R. Putnam, Esquire, being the other member. We were 
 elected to fill vacancies occasioned by the resignation of 
 the Hon. Paul Fearing, who had been elected delegate to 
 Congress, and Colonel Return J. Meigs, Jr., recently ap- 
 pointed a judge of the general court of the territory. We 
 attended the assembly, which commenced its session at 
 Chillicothe on the 23d of J^ovember. It was the last ses- 
 sion held under elections authorized by the territorial 
 government. I have seen scarcely any notice of the pro- 
 ceedings of this body in any history of Ohio. I think it 
 deserves to be remembered. 
 
 The governor's council, or senate, was composed of the 
 following persons: Colonel Robert Oliver,* president; 
 Colonel David Vance ; Jacob Burnet, Esq.: Solomon Sib- 
 ley, Esq.; and General James Pindley. The last named, 
 however, did not attend. 
 
 Of the house of representatives. Dr. Edward Tiffin f 
 
 * Colonel Robert Oliver was of Irish descent. He was born in 1738, 
 in Boston, Mass. He was in the revolutionary army nearly eight 
 years, and served as captain at the siege of Boston in 1775; was major 
 in the Third Massachusetts Regiment in 1777, and was promoted 
 brigade major in 1780, and brevet colonel in 1782. He was distin- 
 guished for bravery at the storming of the Hessian intrenchments at 
 Saratoga. He was acting adjutant-general of the northern army, and 
 an excellent disciplinarian. He came to Marietta in 1788, and in 1790 
 succeeded General Samuel Holden Parsons as one of the directors of 
 the Ohio Company. President Adams appointed him one of the legis- 
 lative council of the territory, and he was president of that body from 
 1800 to 1803. He died, May, 1810. 
 
 f Dr. Edward Tiffin was born in Carlisle, England, June 19, 1766. 
 At the age of twenty years he came to America and settled at Charles- 
 
Life of Ephraim Cutler. 53 
 
 was speaker, and John Reily, Esq., clerk. The members 
 were General Thomas "VVorthiugton, Major EliSs Lang- 
 ham, from Ross; General Nathaniel Massie and General 
 Joseph Darlinton, from Adams ; Judge Francis Dunlavy, 
 John Smith, Jeremiah Morrow, Moses Miller, John Lud- 
 low, Daniel Reeder, and Jacob "White, from Hamilton ; 
 William Rufus Putnam and Ephraim Cutler, from Wash- 
 ington ; Zenas Kimberly, Thomas McCune, and John Mil- 
 ligan, from Jefferson ; General Edward Paine, from Trum- 
 bull; Jonathan Schieffelin, George McDougall, and Colonel 
 Francis Joncaire Chabert, from Wayne. The county of 
 Wayne, of which Detroit was the seat of justice, was 
 detached from Ohio on the formation of the state, and 
 became a part of Indiana Territory, and afterward Michi- 
 gan. 
 
 The public mind, particularly in Hamilton, Ross, and 
 Adams counties, had been inflamed by demagogues espe- 
 cially against Governor St. Clair. There was also an 
 effort made by certain persons to obtain the passage of an 
 act by the legislature asking Congress to pass a law ad- 
 mitting us into the Union. A majority of the citizens of 
 Washington county were decidedly opposed to this move- 
 ment. Another train of policy was suggested by some of 
 our most able and experienced men. This was to divide 
 the North-west Territory into states, to be composed ot 
 territory embracing about two hundred miles square. 
 They were convinced that in the course of time the most 
 of it would be as densely populated as any portion of the 
 United States. 
 
 A division of the territory was proposed by making the 
 Scioto and a line to run north to the lake the western 
 boundary of the future eastern state ; and a like amount 
 
 town, Virginia. M.D. University of Pennsylvania, 1789; removed to 
 Chillicothe, Ohio, 1798; speaker of the territorial [.legislature, 1799; 
 president of the constitutional convention, 1802; first governor of the 
 State of Ohio, 1S03 to 1807; United States senator, 1807 to 1809; ap- 
 pointed by Madison Commissioner of the General Land Office, 1812; 
 and Surveyor-General of the North-west, 1815. Died at Chillicothe, 
 Ohio, August 9, 1829. 
 
54 Life of Ephraim Cutler. 
 
 of territory, west of that line and river, to form another 
 distinct state. Previous to the passage of the celebrated 
 ordinance for dividing and governing the North-west Ter- 
 ritory (1787), an act or ordinance had passed Congress de- 
 claring that states formed out of that territory should be 
 made to comprehend a space not to exceed one hundred 
 and fifty miles square.* Such men as the venerable Gen- 
 eral Putnam, Judge Gilman, and Judge Woodbridge saw 
 clearly that to consider the ordinance of 1787 as a contract 
 binding on the future settlers of the vast Korth-west Ter- 
 ritory to constitute five states only, would deprive the 
 future inhabitants of this region, when it became densely 
 populated, of a just weight in the senate of the United 
 States government.! 
 
 Our friends at home had prepared a bill to be presented 
 by some member during the coming session of the legis- 
 lature, declaring the assent of the territory to such a di- 
 vision as that proposed above with a view to have the 
 action of Congress accord with it, and, of course, a terri- 
 torial government for each of these described limits. 
 
 * It will be seen in the journals of Congress, September 13, 1783 
 that Virginia made it one of the conditions upon which she yielded 
 her right to the lands north-west of the Ohio, "that the territory so 
 ceded should be laid out and formed into states containing a suitable 
 extent of territory, not less than 100 nor more than 150 miles square, 
 or as near thereto as circumstances will admit." To this Congress 
 agreed in accepting the cession. April 23, 1784, Congress approved a 
 proposition to make a state east of a line drawn due north from the 
 western cape of the mouth of the Great Kanawha, the territory of the 
 state to lie between that meiidian, Lake Erie, the western line of 
 Pennsylvania, and the Ohio river. This state would have been as 
 large as either of the New England states then organized, or as Dela- 
 ware, New Jersey, or Maryland. 
 
 J At a Washington county convention, held in June, 1801, of which 
 a number of the most prominent citizens were members, the following 
 resolution was adopted and sent to their representatives: '^Resolved, 
 That in our opinion, it would be highly impolitic, and very injurious 
 to the inhabitants of this territory, to enter into a state government 
 at this time. Therefore we, in behalf of our constituents, do request 
 that you will use your best endeavors to prevent, and steadily oppose 
 the adoption of any measures that may be taken for that purpose." 
 
Life of JEphraim Cutler. 55 
 
 When this bill was presented for the action of the legis- 
 lature, a violent opposition prevailed for a time in the 
 house ; and there was also a clamor raised, and an excite- 
 ment was gotten up in Chillicothe directed against the 
 governor (St. Clair), and in some measure against Putnam 
 and me. A mob collected and attacked Gregg's house, 
 where the governor, Judges Burnet and Sibley, Colonel 
 Oliver, General Schenk, and the Detroit and Washington 
 county members boarded. A determination was mani- 
 fested to insult Governor St. Clair and those members 
 who were supposed to be the main supporters of the 
 measure. An entrance was forced into Gregg's house, 
 in the hall of which a citizen of Chillicothe (Michael 
 Baldwin) met and struck Mr. Schieffelin, who immediately 
 drew his dirk, and would assuredly have wounded the 
 man, had not his arm been arrested by some friends who 
 were near. Governor St. Clair came from his chamber, 
 and moved about among the crowd, perfectly calm and 
 collected ; but there were none who dared to molest him. 
 He addressed them, and they dispersed without doing 
 many violent acts. A toast, given by Mr. Putnam at a 
 supper party, " May the Scioto lave the borders of two 
 great and flourishing states," seemed to have been used to 
 excite the passions of the mob. 
 
 The bill passed the legislature, but was of no avail ; 
 it rather caused those desirous of coming into a state to 
 be more vigorous in their efforts.* A number of iinport- 
 
 * The Hon. Dudley Woodbridge writes from Marietta, December 29, 
 1801, to Judge Cutler: "We yesterday hud a meeting to consult on 
 the proper steps to be taken to biing about a division of the territory, 
 or rather to confront the doings of those who are opposed to the reso- 
 lution of the legislature on that subject. . . . The steps proposed 
 are to send to the city of Washington a map of the territory, and state 
 the utility of the division by letters to our friends in Congress. What 
 measures we shall conclude on I am not certain — thus mucli is true, 
 we appear all united in the expediency of a division as proposed and 
 shall take such steps as will conduce to bring it about, if possi- 
 ble. . . . We hear that mobs are around you, that you will prob- 
 ably adjourn this session to Cincinnati, this, however, I can not think 
 is true. The present reminds me of Shays and those times." 
 
56 Life of Ejphraiyn Cutler. 
 
 ant subjects were under discussion during this long ses- 
 sion of 1801-2. We (Mr. Putnam and I) were the young- 
 est members of the house, excepting Governor Morrow,* 
 who is a Uttle younger than I am. My inexperience led 
 me to tremble at the responsibilities of the position, but 
 the benefit of associating with, and enjoying the confi- 
 dence of, such men as Governor St. Clair, Judg-es Burnet 
 and Sibley, and others with whom we boarded at Gregg's, 
 and who were all exceedingly friendly, was very great. I was 
 encouraged to take an active part in business, and of neces- 
 sity became accustomed to debate the measures Iw^ished to 
 have adopted, and was placed upon important committees. 
 Governor Worthington, who was appointed by Speaker 
 Tiffin, chairman of the committee of finance (or rather of tax- 
 ation), having resigned, I was made chairman, and recom- 
 mended a system of equal taxation, but did not mature the 
 system, only giving the outlines. A kind and gracious 
 Providence continued m}^ life, however, until, 1824-5, when 
 I saw it established as the law of the land. [A reference to 
 the legislative journals shows that Mr. Cutler was appointed 
 on the following committees : ISTov. 24th : On " standins: 
 committee of propositions and grievances," comsisting of 
 Paine, Putnam, Cutler, Scheifl:elin, and Morrow ; chair- 
 man of the " standing committee of claims," Cutler, Mil- 
 ler, and Darlinton. Nov. 26th. On a committee " to pre- 
 pare a bill for levying territorial tax on land," Worthing- 
 ton, Massie, and Cutler ; chairman of committee " to es- 
 tablish an university in the town of Athens," Cutler and 
 Dunlavy; on a committee "to examine and report on an 
 act establishing and regulating the militia," Paine, Cut- 
 ler, and Joncaire. IS'ov. 30th. Chairman of the commit- 
 tee " on the memorial of Sally Mills," referred to Cutler, 
 Dunlavy, Scheiffelin, and Miller. Dec. 1st. " Resolution 
 
 * Jeremiah Morrow, born at Gettysburg, Pennsylvania, October 6, 
 1771, came to the North-western Territory in 1795; member of terri- 
 torial legislature in 1801, and the constitutional convention in 1802; 
 member of Congress from Ohio 1803 to 1813; United States Senator, 
 1813 to 1819; governor from 1822 to 1826. Afterward state senator and 
 canal commissioner. He died in Warren county, Ohio, March 22, 1852. 
 
Life of E'phraim Cutler. hi 
 
 granting relief to people on university lands," committed 
 to Cutler and Dunlavv. December 2d. Chairman of com- 
 mittee " to amend an act to encouraa:e the killins: of 
 wolves," Cutler and Schieffelin. Dec. i^th. Chairman of 
 committee " to amend an act establishing courts for the 
 trial of small causes," Cutler and Kimberly. Dec. 
 11th. So much of the petition of citizens of Hamilton 
 county as relates to the extension of magistrates' juris- 
 diction is referred " to the committee appointed to pre- 
 pare and bring in a bill to amend an act establishing 
 courts for the trial of snuill causes." Dec. 9th. "A com- 
 mittee appointed to prepare and bring in a bill to regu- 
 late township meetings," Ludlow and Cutler. Jan. 19, 
 1802. " Memorial of Dudley Woodbridge " referred to 
 Cutler and Putnam.] 
 
 Mr. Putnam and I, after we had gained a little assur- 
 ance (and it took some time to effect that with me), ac- 
 quired sutHcient influence to lead in the principal mat- 
 ters of action in the house, and were able to secure a 
 sniall majority in all cases of importance. Mr. Put- 
 nam had no reason to be abashed, he soon distinguished 
 himself as an able debater. He brouo;ht forward several 
 laws of a general nature, which passed, and some of them 
 remain in substance on our statute book. In debate he 
 had no equal in the house. Messrs. Burnet and Sibley 
 were present during an interesting speech which he made, 
 and reported to Governor St. Clair that Putnam would 
 make one of the ablest politicians in the territory. 
 
 I have always regarded the circumstances in which I 
 was at that time placed, the associations I then formed, 
 and the useful information I was enabled to treasure up, 
 as having had an important influence in shaping my future 
 destiny in politics. The legislature adjourned January 23, 
 1802, to meet on the fourth Monday of November, 1802, 
 at Cincinnati. But the territorial legislature was never 
 again convened. 
 
 After the close of the session, I visited the city of Wash- 
 ington to see my honored father, then a member of Con- 
 gress from Massachusetts, and was introduced by him and 
 
58 Life of Ephraim, Cutler. 
 
 Judge Wills, and by oiir delegate, Mr. Fearing, to a num- 
 ber of the most prominent members of both the political 
 parties in Congress, among whom were Mr. Griswold, of 
 Connecticut, and Mr. Bayard, of Delaware, in the house; 
 Senator Ross, from Pennsylvania, and Senator Morris, 
 from ]S^ew York, who each made a great speech on the 
 repeal of the Judiciar}^ Act, then an exciting subject. 
 
 Governor Worthington* was also in Washington, using 
 his influence to procure an act of Congress for the pur- 
 pose of bringing us into a state government. It was the 
 first Congress under Jefterson's administration. Worth- 
 ington succeeded in his object. I was present when the 
 law passed authorizing the citizens of the territory to call 
 a convention to take into consideration the question 
 whether they would form a state constitution. 
 
 Some letters written by prominent citizens about this 
 time, having reference to public atfairs, are here inserted : 
 
 \_Hon. JR. J. 3Ieigs, Jr.,f to Judge Cutler.'] 
 
 Marietta, December 8, 1801. 
 My Dear Sir: — Yours of the 28th ult. has been re- 
 ceived. I must confess that I have no great apprehensions 
 
 * Thomas Worthington was born near Charlestown, Virginia, July 
 IG, 1773; removed to North-west Territory in 1798; member of the 
 territorial legislature 1799, and of the constitutional convention 1802; 
 United States Senator in 1803-7, and in 1810-14; governor of Ohio 
 1814-18; canal commissioner 1822-27. He died in New York City, 
 June 20, 1827. 
 
 f Keturn Jonathan Meigs, Jr., eldest son of Colonel R. J. Meigs, 
 was born in Middletown, Connecticut, in 1765, and graduated at Yale 
 College in 17S5. lie studied law and was admitted to the bar in his 
 native state. In 1788, he moved to Marietta, where he engaged in the 
 practice of his profession. He was the first postmaster at Marietta, 
 serving from May, 1794, to October, 1795. He was prosecuting attorney 
 of Washington county, under the territorial government, from 1794 to 
 1798; judge of the Supreme Court of the North-west Territory from 
 1798 until Ohio became a state. In 1804, he was appointed colonel 
 and commandant of Louisiana Territory, and in 1805, one of its Su- 
 preme Judges. In 1807, he was appointed judge of the territory of 
 Michigan. In 1810, he was elected governor of Ohio over General 
 
Life of Ephraim Cutler. 59. 
 
 of evil by going into a state government, because it would 
 be nearly two 3'ears before it could come into operation. 
 The several stages of progress to arrive at it : First. Con- 
 gress would not, probably, pass a law on the subject till 
 March. Second. Our legislature must convene for affix- 
 ing and apportioning the members of a convention for 
 the formation of a constitution, when the law is made, 
 time oi' convention determined, the people must have 
 some time to fix their minds on characters suitable for so 
 important a business. Third. The convention meets; 
 some time is spent in its business. Fourth. The constitu- 
 tion is promulgated, and must go back to the people for 
 ratification in some mode or other; this done, some time 
 must elapse before the great elective officers for which the 
 constitution shall provide will be chosen, and the day on 
 which the first state legislature will meet the present 
 government will cease. 
 
 I have therefore supposed that when all this is accom- 
 plished, it will be two years ; by that time we shall have 
 more than 60,000 inhabitants and be everyway competent 
 for the state government. I am by no means for precipi- 
 tation on this subject, but for the gradual progress, as 
 before stated. 1 know we differ, but your constituents 
 
 Nathaniel Massie, but was declared ineligible because he had not been 
 a resident of the state for four years prior to the election, as required 
 by the constitution. General Massie did not claim the seat, which 
 was held by Thomas Kirker, Speaker of the Senate, as acting governor 
 until December, 1808. The same winter Colonel Meigs was elected 
 Judge of the Supreme Court of Ohio, and in September, 1809, was 
 chosen United States Senator to fill the unexpired term of John 
 Smith. In 1810, he was elected governor of Ohio, and was re-elected 
 in 1812. He resigned in March, 1814, to accept the Postmaster Gen- 
 eralship in President Madison's cabinet. He held this position also 
 through the administration of President Monroe until, because of fail- 
 ing health, he resigned in 1823. He died in Marietta, March 29, 1825. 
 The epitaph on his tombstone in the Mound Cemetery is inscribed: 
 " To the honored and revered memory of 
 
 An ardent patriot, 
 
 A practical statesmen, 
 
 An enlightened scholar, 
 
 A dutiful son." 
 
60 Life of Ephraim Cutler. 
 
 agree with you on this subject. It is impossible for me 
 to approve of the conduct of the governor. The practice 
 of erecting counties is an usurpation; the indiscriminate 
 and too frequent appointments of justices of the peace 
 undigniiies government and degrades magistracy. You 
 may depend upon it, sir, that he is no friend to a militia. 
 He calls upon the legistature to repeal the part of militia 
 law which relates to the general officers. I hope the leg- 
 islature will not. It is true the law should have contained 
 these words : "As soon as Congress, or the executive of 
 the United, shall make the appointments, there shall be 
 major-generals, brevet general, etc." But Mr. Adams did 
 not decline the appointments on account of our law ; the 
 governor was so anxious as to send on two similar recom- 
 mendations (at different times) of his own devoted friends; 
 Governor Harrison made another. The governor argues 
 that a sufficient time has elapsed to know we can do 
 without general officers; and I say for the same sufficiency 
 of time we find, we may do without privates, for, till 
 lately, we have had none, notwithstanding the law passed 
 some years ago ; and it is not more than six weeks since 
 the militia of Ross have been organized ; therefore, his 
 reasoning is fallacious, and, what is worse, founded on his 
 own executive delinquency ; for we have had no time to 
 experience whether generals be necessary or not, there 
 havino; been no militia for want of officers commissioned. 
 The legislature has decided (bj^ the law) by inference that 
 general officers were necessary — if necessary then, more 
 so now ; and the necessity will increase in proportion to 
 the population. We know that other militias have gen- 
 eral officers, and the people at large know it, and will 
 think less of ours if we have them not. 
 
 To repeal the law will be suftbcating the germ of mili- 
 tary ambition in the young officers, as they must remain 
 stationary, and the prospect of promotion is done away, 
 and changes are necessary to stimulate exertion. (I am 
 convinced of the governor's private reasons.) The law is 
 defective in not providing that the officers of cavalry and 
 artillery should be members of the battalion courts of in- 
 
Life of Ephraim Cutler. 61 
 
 quiry when they are ordered out as attached to a regi- 
 ment or battalion on the respective muster days; for their 
 delinquents escape — difficulty occurred at a court of in- 
 quiry, and the cavalry and artillery officers were not al- 
 lowed to sit. A very short law will remedy this defect ; 
 and hope your attention to it. 
 
 Taxation is a difficult business ; to tax cultivated lands 
 in a new country is to tax industry, particularly the indus- 
 try of clearing. There ought to be a time given for peo- 
 ple to redeem lands sold for taxes, by paying to the pur- 
 chaser the purchase-money, with double or triple interest. 
 
 If a division of the territory is to take place, the sooner 
 it is made the better. 
 
 I am not a friend to frequent divorces. In the Roman 
 Empire, their frequency loosened the bonds of society. In 
 France it destroyed [the private felicity of families, and 
 corrupted the youth of both sexes even to excessive pros- 
 titution. 
 
 Mrs. 's case is peculiarly hard, and, as she claims 
 
 only a partial divorce, I hope she may succeed. 
 
 I had feared a turbulent session, but hope for modera- 
 tion in all things. My compliments to your colleagues. 
 
 I am, sir. 
 
 Your obedient servant, 
 
 E. J. Meigs, Jr. 
 
 * [Hon. Paul Fearing to Judge Cutler.'] 
 
 City of Washington, January 18, 1802, 
 '■'■Dear Sir : — Your Chillicothe agents have arrived, and 
 I wish very much that the other gentlemen that you men- 
 
 * Paul Fearing, Esq., was born February 28, 176'2, in Warehani, Mass., 
 and graduated at Harvard College, 1785; studied law and was ad- 
 mitted to the bar in Connecticut, 1787. He arrived at Marietta, June 
 16, 1788, and was the first attorney admitted to practice in the North- 
 west Territory by the first court held September 2, 1788. In 1800 he 
 was a member of the territorial legislature, and in 1801-2 was dele- 
 gate in Congress. In 1810 he was appointed a judge of the Court of 
 Common Pleas. His ability, benevolence, frank and genial manners, 
 made hmi a general favorite. He died August 21 , 1822. 
 
62 Life of Ephraim. Cutler. 
 
 tioned were here also, for I really fear that those who are 
 here will make the Democrats think that the object is a 
 fatal stab to Democracy in the territory, and denying it 
 will be but a confirmation ; bnt if we had some one here 
 in their politics, he could do these ideas all away. The 
 fate of our judiciary is not yet determined, but we are 
 left without hope. 
 
 " I am glad to see in the Ohio Gazette (a paper which 
 Backus patronizes), it is asserted that you make as good 
 a member as the county was able to send, or, rather, i am 
 glad if the saying there be true. 
 
 " Do you think it would be agreeable to the members of 
 your assembly to have two territorial governments, and 
 to remain in the first grade ? A number of the members 
 (of Congress) have spoken to me on that subject, and ap- 
 pear to wish it. Those wlio own lands there will be in- 
 terested in such an arrangement, as it will in some meas- 
 ure save a tax on their lands. 
 
 " Since writing the above, the resolution has passed the 
 senate to repeal the judiciary act of last session. I also 
 find that the agents from Chillicothe have influenced sev- 
 eral Democratic members verj^ strongly in their cause. 
 Giles for one. If he be able to get the other Demo's, they 
 will be able to carry any thing. I have not time to en- 
 large.*' 
 
 Mr. Fearing writes to the same on February 3, 1802 : 
 " Yours of the 28th of December, was received a few days 
 ago. AVhat has detained many of my letters, I can not 
 tell; this has been four weeks, or more, coming. You 
 wish me to answer you at Marietta. I wrote my last that 
 way, wliich, I presume, met you there. It has been im- 
 possible here to carry your measures. The Democrats 
 took the business up with great appearance of preposses- 
 sion, and would hardly give a day before they would de- 
 cide. The agents pretended they never designed it as a 
 a party question. If not, why were the Judges M. and 
 S. so passive? Why should they not pretend to justify 
 the measure, and not say, " It was only designed to keep 
 
** Life of Ephraim Cutler. 63 
 
 oft* the motion for a state government." People situated 
 as they are in the territory, even an indifterence would 
 argue they could not justify the measure. But, say the 
 agents, we knew it never would be made a party question, 
 even Mr. Bayard spoke against it. I am willing they 
 should so think. The friends found how it must go, and 
 thought it best to divide, so that they should not particu- 
 larly think themselves pledged against it, should it again 
 come forward with the assent of the people expressed 
 either by convention or instruction. It may be thought 
 by some that I could have kept it oft' by not laying the 
 law before Congress ; but they were prepared with an- 
 other copy, and Giles would have introduced it tlie day 
 when I did, if I had not. I thought it best to do it my- 
 self, as, by the rules, I should have been on the select 
 committee in case it was referred to one. 
 
 " I think the governor will be removed, every exertion 
 is making, or has been made, for that purpose ; but I have 
 heard nothing for a week past. I am sorry the governor 
 has not been a little more cautious in his notes to Justice 
 Finley. Executive direction went, in my opinion, too 
 far. A magistrate must have evidence to bind over, as 
 well as to convict; and he must be his own judge of the 
 weight of the evidence before him, and although from the 
 information I have" had, I think the justice ought to have 
 bound over, yet the censure of partiality with which we 
 should brand him, is in some measure lost in the appro- 
 bation we have to give to his firm resistance of the execu- 
 tive attempt to dictate what he ought to adjudge on evidence. 
 Perhaps the business might appear YQvy difterent if 1 was 
 acquainted more particularly with the whole transaction. 
 
 " Is it known at Marietta, for what purpose Judge 
 Meigs has lately visited this city? Is it possible he would 
 make so long a journey merely to pay homage to the 
 mammoth man ? I am at a loss myself. The judiciary 
 is lost in the Senate, and I fear it will share the same fate 
 in the house. When once the Democratic enthusiasts 
 shall disregard the constitution of our country, I think 
 we have reason to fear,»that there will be an entire dis- 
 
64 Life of Ei^hy^aim Cutler. ;■ 
 
 solution of our national compact ; and the true repub- 
 licans will have to look for safety in an adherence to each 
 other. But I fear in the convulsions, necessarily attend- 
 ing revolutions, that a greater than a Republican would 
 appear. Some favorite Democrat who has sacrificed the 
 faith, the honor, and the interests of his country to his 
 own popularity will rise up (Bonaparte like) and proclaim 
 equality to all the citizens of his country with the fra- 
 ternal extension thereof to his neighbors. Then will the 
 free citizen of the republic of his own choice, be at lib- 
 erty to "annul the laws and be duly taxed in such manner 
 as this great favorite of the people shall dictate. 
 
 " We have almost arrived at that happy stand now. We 
 have decided majorities who will give their silent vote to 
 carry into effect every hint of their master ; and all that 
 is wanting to make us free and happy as their most ar- 
 dent wishes could express is to have the barrier of the 
 constitution broken down, which so much controls the 
 liberties of our good citizens, whom we have put as our 
 servants to manage our public concerns. And why should 
 those faithful public servants be suspected ? Let the old 
 compact then be given up, as a subject fit only for book- 
 worms, and let the statesman and judge attend to such new 
 theories as are more consonant to our liberties and (as Mr. 
 Mason from V. said) have the judiciary as it ought to be, 
 under the check of the sovereign opinion of the people. 
 
 " I presume you are tired of the subject by this time, 
 and if you are not, I can tell you that I am and have been 
 for a long time, and my constant prayer to God is, that in 
 His unbounded goodness and power (for some superior 
 power is necessary) He will confuse their counsels, and 
 avert the evils that I fear await us. I have written freely 
 to you and without much examination, and hope you will 
 not expose it. Make my compliments to Mrs, Cutler." 
 
 Under date of February 19, 1802, Mr. Fearing writes : 
 
 " There has been a committee appointed to inquire into 
 the expediency of bringing us into a state. I expect they 
 will report in favor of it, as it is the order of the day to op- 
 pose every thing that looks like government, and the 
 
Life of Ephraim Cutler. Go 
 
 nearer we approach to a state of iiatiii-e, the more perfect 
 is our freedom. The House have been for three days in 
 debate on the judiciary, and I expect it will take a week 
 longer. The Jacobins, in their debates, really alarm me. 
 Tliey declare that our judges have no right to adjudge a 
 law unconstitutional, but if the legislature pass an act, it 
 becomes really a law, and that the people and judges must 
 abide by it. If that be the case, our constitution is at an 
 end, and a French convention can do no more than an 
 American Congress." 
 
 Dr. Cutler writes from Washington, February 1, 1802: 
 
 "The law of your territory providing for a dividing 
 line, so as to form another state, has met with a spirited op- 
 position from Giles and the whole of the reigning majority. 
 Large budgets of petitions and other documents have 
 been laid by this Virginian leader before the House. Mr. 
 Fearing has acted his part well, and has been supported 
 generally by the Federalists; hut the subject is exceedingly 
 unpopular, as so many of the sovereign people are op- 
 posed to a division, and anxious to make an independent 
 state. The current of opposition to the measure was so 
 strong as to render it impossible to do any thing to coun- 
 teract it. 
 
 "The House were on the point of passing a bill declar- 
 ing the law unconstitutional, but they were reminded that 
 the laws of your assembly are as independent of Congress 
 as those of any state in the Union. Amendments have 
 been made in the bill, which has not yet passed, declaring 
 the law to be opposed to the principles of the ordinance 
 of Congress forming the government of the North-western 
 Territory. Giles has brought forward a motion the object 
 of which is to encourage and urge the people immediately 
 to become an independent state. It is referred to a com- 
 mittee, who have not yet reported. There are two objects 
 in view; one, to get rid of the expense of paying your gov- 
 ernor's salary ; and the other, to get two more democratic 
 members from your part of the country into the Senate." 
 
 A county convention, consisting of delegates from Ma- 
 rietta, Gallipolis, Belpre, Waterford, Athens, and Zaues- 
 5 
 
■66 Life of Ephraim Cutler. 
 
 ville (all then within tlie bounds of Washington county), 
 was hehl at Marietta, on tlie 4th of August, 1802, to se- 
 lect candidates to represent tlie county in the convention 
 to form a state constitution, which was to meet at Chilli- 
 cothe the ensuing November. 
 
 This county convention nominated General Rufus Put- 
 nam, Benjamin Ives Gilman, Ephraim Cutler, and John 
 Mclntire.* Another ticket was ])repared by the Jeifer- 
 sonian party, being those who were favorable to assuming 
 a state government, with the names of Return J. Meigs, 
 Jr., Griflin Green, William Skinner, and William Wells. 
 Those named on the first ticket were elected in September 
 over their opponents l)y about two to one. William R. 
 Putnam and Ephraim Cutler were re-elected to serve two 
 years in the territorial legislature, time of service to com- 
 mence January 1, 1803, if a state government was not 
 termed. 
 
 Previous to the election, the question whether slavery 
 should be admitted into the state was agitated, as well as 
 the policy of at that time coming into a state govern- 
 nment.f The election was conducted with some feeling, 
 and considerable excitement existed, occasioned in a meas- 
 
 *John Mclntire was a. man of good sense and sound jud<rmeiit. 
 He was a member of ihe constitutional convention in 1802. Fie, with 
 Jonathan Zane, owned the section of land upon which the town of 
 Zanesville was laid out; and he kept the first tavern in that place. 
 Mr. Mclnlire was an enterprising, successful business man, and be- 
 came wealthy. After making ample provision for his wife and daugh- 
 ter, at his death, in 1815, he gave, for the education of poor children 
 in Zanesville, a sum which yields annually eight thousand dollars for 
 that purpose. 
 
 f August 8, 1802, Je+iial Gregory wrote from Athens, Ohio, to Hon. 
 R. J. Meigs, Jr., at Marietta: 
 
 " We have hot times about slavery and Kepublicanism. News is 
 spreading here that you want such a system adopted. Mr. Cutler told 
 Major Abbot that it was so, and urged him by no means to vote ior 
 you. Others from Federal creek spare no pains in spreading the re- 
 port: even Mr. Pugsley, the Baptist preacher, blows it with as much 
 energy as an Irishmsm would a bagpipe. . . . I will spare no pains 
 
 in detecting the Federal villainy; the party is weak here, but d d 
 
 saucy." 
 
Life of Ephralrn Cidlcr. 67 
 
 lire by the siuUlen clianu-e (»t" politict^ ol". Judge Meigs, who, 
 from being a deeitUnl Federalist, became a zealous Demo- 
 crat. Our opponents opeidy advocated the admission of 
 slavery, and also the acceptance of the propositions in the 
 act of Congress Avithout qualitication. We, and the 
 friends who supported us, on the contrary, rejected slav- 
 ery, and thought it \\'()uld he safer and ^\■iser to wait until 
 the population had become more numerous, and had over- 
 come some of the ditiiculties attending: the earlv settle- 
 ments, before burdening themseh'es with a great addi- 
 tional expense in sup[iorting a state government. We be- 
 lieved by deferring the movement a few years we might be 
 admitted on much more favorable terms. 
 
 I had that autumn a drove of cattle to disjtose of, which 
 took me to Moortield, on the south branch of the Potomac, 
 and I did not get back until the last of October. 1 found 
 Messrs. J'utnam and Oilman had s;one on to Chillicothe. 
 I met at Marietta John W. Browne, lie was an English- 
 man, and after being elected a member of the convention 
 for Hamilton county, came to Marietta and appeared be- 
 fore the judges of the superior court, then in session, and 
 took the oatli of allegiance, and thus became a citizen of 
 the United States. I traveled in com[)any with him to 
 Chillicothe, spending but a single night at home. After 
 leaving my house at Ames, we went the first day to Logan, 
 and stopped at Mr. Westonhavor's, a Uerman, avIio, with 
 three or four others, had recently taken up the old Indian 
 corn-tield and begun a settlement at that place. At that 
 time, there was no [terson living on the Hocking river 
 between the mouth of Sunday creek and Westonhavor's, 
 a distance of more than twenty miles. When Westonha- 
 vor came out to meet us, Mr. Browne, who was by profes- 
 sion an Independent minister, asked him if he did not 
 want preaching there that night; and after supper the 
 several families came in, and he delivered a good orthodox 
 sermon. . . . The next day we wended our way 
 through the wilderness, in a narrow pack-horse .track, 
 leading by the Falls of Hocking, then up Scott's creek, 
 and on to Adelphi, w^here we found a Mr. Wills settled, 
 
68 Life of Ephraim, Cutler. 
 
 who was able to give our horses a feed of grain. We then 
 pursued a more comfortable path to Chillicothe, where 
 we arrived on the morning of the second day of iS'ovem- 
 ber. 
 
 After the convention was organized by appointing Dr. 
 Edward Tiffin president and Judge Thomas Scott secre- 
 tary, the first question to be decided was, " Is it now ex- 
 pedient to form a constitution and state government!" 
 As we went to the court-house, where the convention 
 met, on the morning after my arrival, Mr. Gilman men- 
 tioned to me that General Putnam and Mr. Bazaleel Wells 
 thought that when the question should come up we had 
 better all vote with the yeas. I told him it would be in- 
 consistent for me to vote thus. Of course, when the ques- 
 tion was put, I said No, and found myself " solitary and 
 alone," but was not dismayed, being certain that I was 
 expressing the will of niy constituents, as well as comply- 
 ing with my own judgment and convictions of duty. My 
 colleagues held the same views respecting the true policy 
 that the convention should have adopted, but believed that 
 they would obtain a greater influence in the future pro- 
 ceedings by taking the course they did.* 
 
 * Judge Cutler writes to his father: "You have no doubt seen by 
 the papers that the vote for accepting the law of Congress, and pro- 
 ceeding immediately to form a state government, passed by a majority 
 of thirty-two to one; this oni?, sir, was simply me; and I do think it a 
 favorable circumstance, to have had the opportunity to place my 
 feeble testimony against so wicked and tyrannical a proceeding — 
 although I stand alone." 
 
 The Hon. Jacob Burnet, in a letter to Judge Cutler from Cincinnati, 
 September 26, 1847, writes: " I have often sought in vain for the rea- 
 sons which induced your colleagues to desert you on the important 
 preliminary question, 'Is it expedient now; to form a state constitution?' 
 on which your solitary negation stands recorded, as a proof that on 
 that ti'ying occasion you dared to do your duty, at the expense of your 
 popularity. They (your colleagues) were consistent Whigs, and until 
 that hour had been decidedly of the opinion that it was premature, 
 then, to abandon the ordinance and form a state government. They 
 were also of opinion that the conditions imposed by Congress would 
 be greatly injurious to the people, as has been the case. 
 
 "I have forced myself to believe that they were not influenced by 
 
Life of Ephraim Cutler. 69 
 
 The whole number of members, including the president, 
 was thirty-live. There was some management to obtain a 
 decided majority to coincide with the views of the Jetfer- 
 sonian party, whose policy would have fixed much of the 
 old Virginia constitution, and what they called limited 
 slavery, upon the state. 
 
 Judge Byrd, who was secretary of the territory, was at 
 the commencement of the session looked to by that party 
 as the one to draft the constitution. He happily approved 
 of the Tennessee constitution, which was the most recent 
 one to which we had access. This niet the entire appro- 
 bation of those of us of whom it was slanderously said, 
 that we wished a strong, aristocratic government. In all 
 our more private consultations, we expressed an earnest 
 desire to give our labors, in their results, a strong demo- 
 cratic tendency. 
 
 I was surprised to find Mr. AVells so cordial with Gen- 
 eral Putnam and Mr. Gilman, and was astonished at the 
 course of Governor Huntington.* We all boarded at 
 Gregg's, and had one common room, where, of course, 
 there was, or ought to have been, perfect freedom in ex- 
 pressing our thoughts. Huntington was, however, often 
 absent from our room. 
 
 We Federalists were desirous of establishing as perfect 
 a republican system as we were capable of forming, giving 
 
 popular motives, but by such as were entirely satisfactory to them- 
 selves; yet I must say that, like yourself, I saw nothing after the 
 meeting of the convention calculated to change the opinion on that 
 subject which they had previously formed and warmly defended. My 
 surprise at the result of that vote was great, and to the present day 
 the subject never recurs to my mind unaccompanied with painful 
 feelings." 
 
 * Samuel Huntington, born in Coventry, Connecticut, (Jctol^er 4, 
 1765; graduated at Yale College, 1785; admitted to the bar, 1793 : re- 
 moved to Painesville, Ohio, 18(i0; member of the convention that 
 formed the constitution of the state in 1802; speaker of the senate in 
 the first state legislature; judge of the superior court, 1803; and after- 
 ward chief-justice; governor of Ohio, 1808-10; member of the legisla- 
 ture, 1811-12; pay-master in the War of 1812, with rank of colonel. 
 Died .June 8, 1817. 
 
70 Life of Ephraim Cutler. 
 
 as complete individual freedom as was possible. We 
 wished to encourage democracy, by having town8hii)S to 
 manage local business; and to encourage schools and edu- 
 cation, by providing that it should be imperative on the 
 legislature to make laws for that purpose ; and that all 
 should enjoy perfect religious freedom, as their consciences 
 should dictate. I very much doubt whether any of the 
 members of the convention were, at the conclusion, better, 
 if so well, pleased with the result of our labors, as General 
 Putnam and Messrs. (iilman and Wells. 
 
 Party divisions, as respects Federalists and Democrats, 
 were not prominent. In no case were they so strong as 
 in discussing the first report of the committee appointed 
 to prepare the judiciary system. This committee (ap- 
 pointed jS'ovember Otli) consisted of fifteen members. 
 They were: Byrd, Paul, Smith, (Tatch, Darlinton, Kirker, 
 Massie, Worthington, Carpenter, Putnam, Gilman, Milli- 
 gan. Wells, Caldwell, and Huntington; of whom eight 
 were natives of Virginia. The judiciary, or third article, 
 as prepared, was from the pen of kludge Byrd, and was a 
 copy of the Virginia code as then practiced, and the lead- 
 ing members evidently wished to give it that cast. It left 
 the final decision of all cases of considerable moment, by 
 appeal from the lower courts, to be adjudged by a general 
 court to sit at the capital of the state, and nowhere else — 
 this in the last resort was to be the end of all lawsuits. 
 Efforts were made by Mr. AVells, Mr. Cilman, and General 
 Putnam, who were members of the ct>mmittee, to amend 
 the article by suggesting that the supreme or general 
 court, as it was termed, should sit in districts, and a dis- 
 trict system was [)i-()[»osed. Several days were spent in the 
 discussion without effecting any material change. 
 
 On motion to amend there were usually ten yeas and 
 twenty-four nays; and alwa^'s the same ])ersons; there 
 was, in fact, a strong vote in favor of the article as re- 
 ported, and it passed on until the third reading. At this 
 stage, Wells and Gilman urged me to oppose the whole 
 article. I spent a few minutes in raising objections, and 
 stated that the people would look for a system as con- 
 
Life of Ephrahn Cutler. 71 
 
 venient and inexpensive as the circumstances of the 
 country would permit. I was interrupted by Judge Byrd, 
 who sneeringly observed, that " the gentleman from 
 Washington was not pleased with the article; and he 
 should be glad to hear what would please him." This 
 raised my Yankee feeling. I bowed and said : " I would 
 try to gratify him. I thought it the duty of the conven- 
 tion, and a wise policy, to provide a mode of administer- 
 ing justice that would bring it as near every man's door 
 as was practicable ; to the poor man equally with the rich. 
 By the system proposed, a man, living at a distance from 
 the court where the linal decision was made, might be de- 
 prived of justice because he could not command the means 
 to meet his more wealthy antagonist ; it was taking it as 
 far as possible." I then gave in detail substantially the 
 article as it stands in the constitution. On my sitting 
 down Mr. Byrd called hastily for the question, which 
 President Tiffin as hastily put. There was no call for 
 ayes and noes. A few voices were raised among the ayes, 
 a number said nothing, and we, as nsual, in a peaceful, 
 mild way said no ; and the president said '■ the ayes 
 have it." 
 
 The rules of the convention provided that each article 
 should be treated in its passage as a separate bill is in 
 legislative proceedings, and have three several readings 
 before itstinal passage; when it was subject to be amended 
 by way of rider. Judge Byrd then rose and proposed a 
 day for the last reading, and final passage, which was 
 adopted ; and we, Federalists, gave up the idea of any fur- 
 ther attempt to change it. 
 
 But the leaven was working. On reflection, a number 
 of the members of the convention changed their views, 
 and the evening before the day set for the last reading, of 
 the article, as I was coming out of the court-house after 
 the convention had adjourned for the day. Judge Dunlavy 
 took me aside and asked me to come to his quarters after 
 supper, and that I would hear something important re- 
 specting the judiciary article. It was decided at supper 
 that Mr. Oilman and I should immediately attend to this 
 
72 JJfc of Ep^hraim Cutler. 
 
 call. Judge Dniilavy and seven others were boarding at 
 Lamb's, and bad a spacious common room. As soon as 
 Mr. Gilman and I entered, the judge locked the door : 
 and Mr. Wilson, an aged man, a member from Hamilton, 
 addressed me as follows : " Mr. Cutler, were you in earn- 
 est when you gave in detail a judiciary article which you 
 said would please you ? " Oh ! yes, sir. " Well," said he, 
 '* will the ten who generally vote with you support it if 
 it is again brought before the convention ? " Please to 
 ask Mr. Gilman. Mr. Gilman answered, " I think they 
 would." " Well, then, sir, here are eight of us who pledge 
 ourselves to support your plan, if you and Judge Dunlavy 
 will put it in form so that it may be introduced, by way 
 of rider, to-morrow morning, on the last reading of the 
 article." Judge Dunlavy then said, " We have no time to 
 spare. Where can we best commence our labor ? " I 
 answered, I think at Mr. John Reily's * chamber. Mr. 
 Reily and Mr. Goforth boarded together a little out of 
 town. We immediately repaired thither ; and as we 
 agreed upon a section, Mr. lieily copied section one, Mr. 
 Gilman section two, and so on alternatelv ; and a little 
 
 * John Reily, born in Chester county, Pennsylvania, April 10, 1763; 
 removed when young with his parents to Htanton, Virginia; enlisted in 
 the Revolutionary army at the age of seventeen years, and served at 
 the South, under General Greene, in the battles of Guilford Courtr 
 house, Camden, Ninety-six, and the brilliant action at Eutaw Springs, 
 where he was distinguished for bravery and good conduct. After the 
 war he went to Kentucky, and in 1789, to the North-west Territory, 
 where he taught school in Hamilton county, and shared the dangers 
 and struggles of the Indian war. In 1799, he was appointed clerk of 
 the first Territorial Legislature, and served in that capacity while that 
 form of government continued; and in 1S02, was a member of the con- 
 vention that formed the first constitution of Ohio. He made his home 
 in Hamilton, Butler county, where he served as clerk of the Court 
 of Common Pleas for thirty-seven years; ami of the Supreme Court of 
 Ohio thirty-nine years; and was twenty-eight years postmaster at Ham- 
 ilton. He was appointed a member of the first Board of Trustees of 
 Miami University in I8i)9, and was an efficient member until he re- 
 signed in 1840 on account of advanced age. In these and other offices 
 he held he was remarkable for system, accuracy, honesty, and [lunctu- 
 alitv. He died 'June S, 1850. aged 87 vears. 
 
Life of Ephraim. Cutler. 73 
 
 after twelve o'clock we had completed our task. Judge 
 Dunlavy took the seven sections copied by Mr. Rcily ; and 
 I the seven by Mr. Gilman. 
 
 The next morning, as soon as the convention began tlie. 
 business of the day, Judge Byrd called for the reading 
 and final passage of the judiciary article. Then Judge 
 Dunlavy moved to strike out the first section, and stated 
 that he held in his hand a substitute, which he read. 
 Byrd appeared struck with astonishment, and attempted 
 to lash Dunlavy for inconsistency ; he said that Dunlavy 
 had voted against every amendment proposed at the 
 former readings, etc. As preconcerted, no reply was 
 made, and I seconded the motion of Dunlavy, and it was 
 decided in the afiirmative. I then introduced section 
 second, and on the like motion, that section was adopted 
 by an increased majority, Mr. Smith, one of the ablest 
 men they had, coming over to us. At the close, and final 
 passage, the ayes were twenty-four, and noes ten. Thus, 
 within three hours after the convention met that morn- 
 ing, it became the third article of the constitution without 
 changing a word.* 
 
 This took place late in the session, but the unexpected 
 result completely revolutionized our body. General Put- 
 nam and Messrs. Gilman and Wells, after this, were 
 listened to with respectful attention by those who had be- 
 fore manifested something bordering upon contempt. In 
 
 * In a letter written to Ephraim Cutler, and dated " Hamilton, April 
 19,1842," Mr. John Reily says: "With respect to the convention 
 which framed the constitution of the State of Ohio, you will recollect 
 that we had more difficulty and disputation on the third article than 
 on any other part. That article, with others, had been reported at an 
 early day of the session ; but not meeting with the views of a majority 
 of the members, it had been referred to special committees, who had 
 made modifications and reported. The modifications, however, not 
 being satisfactory, could not be adopted. This caused the meeting of 
 the few members of whom you have made mention. We met, con- 
 sulted on the subject, and prepared a draft, which was presented and 
 finally adopted either as presented or with very slight modifications. 
 This, as well as I can recollect, was the manner in which the third 
 article of the constitution was finally framed and adopted." 
 
74 Life of Ephralm Cutler. 
 
 one instance, u member liad denounced General Putnam 
 as an enemy to his country ! 
 
 The eighth article, or bill of rights, as it is called, was 
 committed, on the fourth day of the session, to Goforth, 
 Dunlavy, Bro\yne, Baldwin, Grubb, AV^oods, Updegrafi', 
 Cutler, and Donalson. A hasty report was made upon it, 
 which was afterward withdrawn ; and tlie committee 
 was directed to consider it tlieir duty to report it as the 
 eighth article. 
 
 We met at President Tithn's by special invitation. 
 Our chairman, Mr. Browne, ])roduced and read the tirst 
 section, which was agreed to without objection. An ex- 
 citing subject was, of course, immediately brought before 
 this committee — the subject of admitting or excluding 
 slavery. Mr. Browne proposed a section, which deiined the 
 subject thus: "No ])ers()n shall be held in slaver}^, if a 
 male, after be is tliirtv-tivi' years of age: or a female, after 
 twenty-iive years of age."" The handwriting, I had no 
 doubt, was Mr. Jefferson's. 1 lia<l a t'onversation with 
 Governor AVorthing-ton at WashiuiJ-ton V\t\\ at the time 
 that Congress ])assed the law authorizing the convention; 
 and he informed me that he (.Jefferson) had expressed to 
 him that such, or a similar article, might be introduced 
 into the convention; and that he hoped there would not 
 be any effort made for any thing farther for the exclusion 
 of slaver}' from the state, as it would operate against the 
 interests of those who wished to emiijcrate from the slave 
 states to Ohio. 
 
 I observed to the committee that those who had elected 
 me to represent them there were very desirous to have 
 this matter clearly understood, and I must move to have 
 the section laid on the table until our next meeting; and 
 to avoid any warmth of feeling, I hoped that each mem- 
 ber of the committee would prepare a section which 
 should express his views fully on this important subject. 
 
 The committee met the next morning, and I was called 
 upon for what I had proposed the last meeting. I then 
 read to them the second section, as it now stands in the 
 
- Life of Ephraim Cutler. 75 
 
 constitution.* Mr. l>ro\vne observed that what he had in- 
 troduced was tlionght by the greatest men in tlie Nation 
 to be, if established in our constitution, obtaining a great 
 step toward a general emancipation of slavery, and was 
 greatly to be preferred to what I had offered. f 
 
 *Article VIII, Section 2. "There shall be neither slavery nor in- 
 voluntary servitude in this state, otherwise than for the punishment 
 of crimes, whereof the partj^ shall have been duly convicted; nor 
 shall any male person, arrived at the age of twenty-one years, or fe- 
 male person, arrived at the age of eighteen years, be held to serve 
 any person as a servant, under pretense of indenture, or otherwise, 
 unless such person shall enter into such indenture while in a state of 
 perfect freedom, and on condition of a bona fide consideration, re- 
 ceived, or to be received, for their service, except as before excepted. 
 Nor shall any indenture of any negro or mulatto, hereafter made and 
 executed out of the state, or if made in the state, where the term of 
 service exceeds one year, be of the least validity, except those given 
 in the case of apprenticeships." 
 
 f In a letter to W. P. Cutler, dated "Cincinnati, January 5, 1854," 
 the Hon. A. H. Lewis, member of the Ohio Senate, 1846-7, writes: 
 " In answer to your note of the 31st inst., I state that in the winter of 
 1846-7, as I think, 1 had several conversations with the late Governor 
 Jeremiah Morrow, who was then at Columbus. These rflat^d in a 
 considerable degree to the early history of Ohio, the convention that 
 formed the state constitution of 1802, and the character of many of 
 the leading men of the period. I had then just read very attentively 
 the journals of that convention, and being interested in the subject, 
 sought to elicit from him such reminiscences as he had in relation to 
 those points. In one of these he stated that when he went to Wash- 
 ington as a member of Congress, in 1803, he visited Mr. Jefferson; 
 that their conversation turned upon the then new constitution of 
 Ohio; that Mr. Jefferson commended it highly in its main features^ 
 but thought that the convention had misjudged in some particulars. 
 One of these was in the structure of the judiciary, which Mr. J. 
 thought was too restricted by the constitution for the future wants of 
 the state, using, in this connection, the expression 'they had legislated 
 too much.' Another was in the exclusion of slavery. Mr. Jefferson 
 thought 'it would have been more judicious to have admitted slavery 
 for a limited period,' 'an opinion,' added Governor Morrow, 'in which 
 1 did not concur.' This statement of the conversation with Mr. Jef- 
 ferson was much more full and minute, but, as I have not by me the 
 memoranda I made at the time, 1 can give only the substance. This, 
 I am sure, is correct. 
 
 " I do not recollect that he told me the fact mentioned by you re- 
 
76 * Life of Ephralm, Cutler. 
 
 I then, at some length, urged the adoption of what I 
 had prepared, and dwelt with energy on the fact that the 
 Ordinance of 1787 was strictly a matter of compact, and 
 th^,t we were bound either to pass it (the section excluding 
 slavery) or leave it, which I contended would be the law, 
 if not so defined by our own action. Mr. Baldwin, the 
 only practicing lawyer on the committee, said that he 
 agreed with me that the ordinance was, in its legal aspect, 
 a compact; and, although many of his constituents would 
 prefer to have slavery continue in a modiiied form, he 
 would vote in favor of the section as I had reported it. 
 Mr. Browne, who was chairman of the committee, then 
 called the ayes and nays, and his report was negatived, and 
 mine adopted, the ayes being Baldwin, Dunlavy, Cutler, 
 Goforth, and Updegraif ; nays, Browne, Donalson, Grubb, 
 and Woods. Several eflbrts were made to weaken or ob- 
 scure the sense of the section on its passage, but the Jef- 
 fersonian version met with fewer friends than I expected. 
 
 On one occasion, when it was before the committee of 
 the whole convention, a material change was introduced. 
 I was unwell, and did not attend that dav. General Put- 
 nam, when he came into our chamber after this occur- 
 rence, exclaimed, in an earnestmanner, " Cutler, you must 
 get well, be in 3'our place, or you will lose your favorite 
 measure." Mr. Oilman said he " would rather lose all we 
 had gained than lose that." 
 
 I went to the convention and moved to strike out the 
 obnoxious matter, and made my objections as forcible as I 
 was able. Mr. Mclntire was absent that day, so there 
 would be a tie, unless we could bring over one more. Mr. 
 Milligan had, in the territorial legislature, spoken against 
 slavery, but in tlie convention liad voted with the Virginia 
 
 spectiiig the section believed to have been drawn by Jeftei'son's own 
 hand, but am inclined to think 1 was informed of it by yourself. 
 
 "There is no impropriety, I think, in my repeating these statements. 
 Governor Morrow understood the iiupiiries vvliich 1 made of him as 
 being, if I may so say, directed to 'the trutVi of history,' and that I 
 should use thi< information if 1 saw proper. If you think so, you 
 have the same liberty. " 
 
Life, of Ephroiti). Cutler. 77 
 
 party. In the course of my remarks, I happened to 
 catch his eye, and the very language he had used in de- 
 hating the question occurred to me. I put it home to him, 
 and when the vote was called Mr. Millij^an chans^ed his 
 vote, and we succeeded" in placing the section in its orig- 
 inal form. It cost me every eftbrt I was capahle of mak- 
 ing, and it passed hy a majority of one vote only. Thus 
 an overruling Providence, by His wisdom, makes use of 
 the weak often to defeat the .purposes of the wise and 
 great of this world ; and to His name be the glory and 
 praise. 
 
 The committee appeared to look to me after these oc- 
 currences to fill up the balance of the eighth article ; * and 
 I prepared and introduced all that part which relates to 
 slavery, religion, and schools or education.! Although 
 that which relates to schools was mandatory on the future 
 legislatures, nothing was done by any legislature until I 
 became a member in 1819-20, nor any thing effecting 
 much good until the session of 1824-5, which was the last 
 session I ever served the state in a legislative capacity. 
 
 That part of the eighth article which relates to proceed- 
 ings at law, was prepared by Mr. Baldwin. 
 
 * Article VIII, sec. 3. " That all men have a natural and indefeasi- 
 ble right to worship Almighty God, according to the dictates of con- 
 science; that no human authority can in any case whatever, control 
 or interfere with the rights of conscience; that no man shall be com- 
 pelled to attend, erect, or supj^ort any place of worship, or to main- 
 tain any ministry against his consent, and that no preference shall 
 ever be given, by law, to any religious society or mode of worship, and 
 no religious test shall be required as a qualification to any office of 
 trust or profit. But religion, morality, and knowledge being essen- 
 tially necessary to good government and the happiness of mankind, 
 schools and the means of instruction shall forever be encouraged by 
 legislative provision, not inconsistent with the rights of conscience." 
 
 f In a letter written to Ephraim Cutler by Mr. Israel Donalson, a 
 member of the convention, dated at " Manchester, 20th December, 1841," 
 is the following P. S.: "At the special request of our friend (Rev. Mr. 
 Burgess), I state a perfect recollection of the eighth article of our con- 
 stitution, which at the time met my approbation, and which you had 
 the honor of introducing. Israel Donalson." 
 
78 Life of Ephraim Cvthr. 
 
 Before the second article of tlie constitution, which de- 
 fines the power of the executive, came to its final passage, 
 Governor Morrow made an effort to introduce the veto 
 power, similar to that which is in the constitution of 
 Pennsylvania. This seemed to please the radical Demo- 
 crats, and I think laid the foundation of his future popu- 
 larity. Strange as this may appear, it is not uncommon 
 with that party to support with the greatest zeal very 
 strong, aristocratic doctrines. If I remember right, Mr. 
 Gilman and Mr. Wells opposed this innovation. I think 
 it came near being carried. 
 
 There was also considerable debate, when the seventh 
 article was introduced, on the third section, which relates 
 to tlie limitation of counties. At one time the minimum 
 was fixed by vote at 567 square miles, but Governor Hunt- 
 ington brought forward the plea, that the townships 
 in New Connecticut were all five miles square, and six- 
 teen of them would make a convenient size for counties 
 in that part of the state, and moved to strike out 567 
 and insert 400. This was agreeable to those who had 
 county-seats in contemplation, and was adopted. But 
 public sentiment was then in favor of counties of a larger 
 size. 
 
 A committee of nine members, one from each county 
 represented in the convention, was chosen to take into 
 consideration the propositions made by Congress to the 
 convention for their acce|ttance or rejection. The report 
 of this select committee was disagreed to by the committee 
 of the whole convention, and it was re-committed to Put- 
 nam, Smith, Huntington, Massie, and Wells. During the 
 discussions upon the question whether the propositions 
 made to us by Congress should be accepted. General Put-: 
 nam made the great speech of the session. 
 
 He claimed that we, by acting under the law for then 
 assuming a state government, had shown a submissive 
 epirit. He forcibly and clearly pointed out that surrend- 
 ering the undoubted right to tax lands sold by Congress 
 as soon as entered, without having some compensation, 
 was placing a very heavy b'U'den on the present inhabit- 
 
Life of Up It rah II Cafler. 79 
 
 ants, who, at great sai-ritit-e, had already brought these 
 hinds into market. His facts were well stated, and Ins 
 reasoning was logical, and had its effect. 
 
 A majority of the mendjers, as could he well understood 
 by casual remarks and conversations, had determined to 
 swallow down the whole of the propositions without any 
 moditication. A lively interest was exhil)ited by the peo- 
 ple, and the court-house was (.-rowded, and when the yeas 
 and nays were called and rt^'snlted, yeas, Itl, and nays, 17, 
 a considerable evidence of popular apjilause was audibly 
 expressed. After the vote was taken, those members who 
 had voted in favor, signitied their entire satisfaction in the 
 result. The convention then proceeded to make proposi- 
 tions on their part, which were accepted by Congress. 
 
 I made an etlort, without success, to have the constitu- 
 tion submitted for acceptance to a vote of the ]»eople. I 
 said to the convention that '' I deemed it of primary im- 
 portance that the people of this territory should have some 
 opportunity of declaring their assent to or dissent from 
 this instrument before it became binding on them, for I 
 was clear that, though the constitution should be the most 
 perfect — formed with wisdom superior to any thing of the 
 kind that had yet appeared — many would be dissatisfied 
 with it. And the dissatisfaction would be increased by 
 the fact that the authority under which we acted had not, 
 unless we called in the aid of the doctrine of implication, 
 been derived from the people wlio were to receive the bene- 
 fits, or abide the evils we were preparing for them. Would 
 there not be room for much distrust and jealousy if we forced 
 upon our constituents a government which never came be- 
 fore them for their a[»proval ? By adopting the resolution 
 to submit the constitution to a vote of the people the 
 mouths of the clamorous would be stopped, and the minds 
 of the judicious satistied. To the objections that it would 
 occasion delay, and additional expense, I urged that the time 
 for the coming into operation of the state government 
 would not be greatly procrastinated ; two months would 
 probably be found sufficient to answer the purpose proposed, 
 and as to expense, if harmony was thus secured, it would be 
 
80 Life of Ephraim Cutler. 
 
 a cheap purchase. The vote of twenty-seven against seven * 
 shows that the majority were in " mad haste " to consum- 
 mate the change in the form of government. Office was 
 their aim, and they were gratified. 
 
 The settlement of the ATest, connected with the bring- 
 ing into existence the great state of Ohio, may be consid- 
 ered an epoch in the history of our common country. The 
 opinions and actions of the founders of states enter into 
 and influence their future course, and do much toward de- 
 termining their character. We owe it to them to leave 
 on record their worthy deeds. Xothing is better calcu- 
 lated to excite to noble actions than to preserve from 
 oblivion the memory of those whose efforts have placed 
 our country in the high position already attained in the 
 short period since we became a nation, and it is as well 
 to preserve as much as possible of that which adorns the 
 character of those who laid the foundation of law, and 
 order, and peace, in the great West. 
 
 The scant courtesy which Grovernor St. Clair received at 
 the hands of the convention, at the beginning of the ses- 
 sion, on the occasion of his address to them, was keenly 
 felt by his friends. His course, however, was dignified and 
 conciliatory. 
 
 He was at this time not far from seventy years of age, 
 about live feet ten inches in height, neither spare nor cor- 
 pulent. His hair had become white, his features, strongly 
 marked, were lighted up by bright blue eyes, which still 
 retained their brilliancy. His manners were at once pol- 
 ished and dignified, and his conversational powers were 
 remarkably fine. Though not without fault, his clear 
 head, his marked talents, his great and varied knowledge, 
 and his public services, placed him in the front rank ot 
 the eminent men of his day. He had been educated a 
 Presbyterian, and did not partake of the infidelity then 
 jjrevalent, but always spoke of religion and the Bible 
 
 * Those who were ia favor of submitting the constitution to the peo- 
 ple were: Messrs. Cutler, Gilman, Mclntire, and Putnam, of Washing- 
 ton county; BazaWl Wells and Nathan UpdegrafF, of Jefferson county, 
 and John Keily, of Hamilton county. 
 
Life of Ephraim Cutler. 81 
 
 with profound respect. Being comparatively young when 
 I first became acquainted with Governor St. Clair, I have 
 ever felt that I owed much to his influence. After the 
 close of the convention, the opposition to him increased, 
 and he was removed from office, even before the state gov- 
 ernment came into operation, 
 
 Ko man in the territory more entirely deserved and en- 
 joyed the respect and confidence of the people than Gen- 
 eral Rufus Putnam. He had with General Tapper orig- 
 inated the idea of the Ohio Company, and had been 
 selected as the leader and superintendent of the colony 
 who made the first settlement at Marietta, a position for 
 which he was well fitted by his good judgment, intelli- 
 gence, and decision of character. He had served as a 
 private soldier in the Old French War, and also, with 
 great distinction, throughout the Revolution, as a military 
 engineer, and as an officer. He was made a brigadier- 
 general near the close of the war. President Washington 
 commissioned him, in 1792, a judge of the supreme court 
 of the territory, and in 1796 the surveyor-general of the 
 United States. He was faithful and energetic, a Christian 
 as well as a patriot. He, too, a few months after the close 
 of the convention, was deprived of his office by the same 
 spirit of proscription which had led to the removal of 
 St. Clair as governor. 
 
 Benjamin Ives Oilman was a native of Exeter, Xew 
 Hampshire. He, with his father, Judge Joseph Oilman, 
 came to Marietta in 1789. During the Indian War he 
 had some narrow escapes from the rifle and tomahawk 
 of the savages. In 1802 he has largely engaged in mer- 
 cantile business and ship-building at Marietta. Mr. Gil- 
 man was a man possessed of a well cultivated and su- 
 perior intellect, and correct principles, and in physical de- 
 velopment was a most perfect type of manly beauty and 
 dignity. With quick and clear perceptions, and enlarged 
 views, he was one of the most useful and active members 
 of the convention. 
 
 1^0 member of the convention was more generally re- 
 6 
 
82 Life of Ephraim Cutler. 
 
 spected than Mr. Bazaleel Wells/''' He was a truly no- 
 ble man, well informed, collected, and digniiied in ap- 
 pearance. Although he was born in a slave- state, and 
 many of his family connections were slave-owners, his 
 vote and influence always went against slavery. There 
 are few men who, in the heat of debate, may not say some 
 things they shall wish unsaid, but it was not so with him ; 
 his mind was so well balanced, that he was at all times 
 clear, calm, and candid in his statements. 
 
 The scantiness of detail in the journal leaves much ob- 
 scure as to the proceedings of the convention, and much 
 unsaid of the part taken by such men as Reily, Smith, 
 Dunlavy, and other men of talent and intelligence, which, 
 if known, would increase respect for them, and whose la- 
 bors for the public interest should be remembered. 
 
 Dr. Cutler writes from Washington, December 26, 1802: 
 " Your very liumble address and new constitution have 
 been laid before Congress and printed. Some parts of 
 your constitution are very good, some parts I do not 
 like, and some parts I am unable to understand. AVhat 
 will be done with the propositions you otfer for the ac- 
 ceptance of Congress I can give no opinion. All depends 
 on the dispositions of the leaders. You have so humbly 
 submitted to the right which Congress has exercised in 
 making laws for you, should they reject your proposals, 
 you have no ground to complain." 
 
 * Bazaleel Wells, with Hon. James Ross, of Pennsylvania, laid out 
 Steubenville, Ohio, in 1798. He introduced merino sheep into the 
 state, very early, and established in 1814 a woolen manufactory in 
 the town, which laid the foundation of the extensive manufactures 
 of that place. He was at one time considered the most wealthy per- 
 son in eastern Ohio, but afterward met with reverses. — Howe's History 
 of Ohio. 
 
Life of Ephraim Cutler. 83 
 
 CHAPTER V. 
 
 (1803-1812.) 
 
 SukvEYixG — Removal to Warren — Droving — A Diary — 
 
 War of 1812. 
 
 To return to personal matters. In July, 1803, I ob- 
 tained from General Putnam, then Surveyor-General of 
 the United States, a contract for surveying public lands 
 in the so-called Military Tract, mostly in Guernsey county, 
 on Wills's creek, west of Cambridge; all of it then an 
 entire wilderness, except two or three beginnings of farms 
 on Zane's road. I was about three months performing 
 this labor, subdividing into half and quarter sections, and 
 was allowed at the r§.te of three dollars per mile for every 
 mile actually run out with the compass and measured by 
 the chain, as compensation for the whole expense of the 
 survey. When I had completed the work, and made re- 
 turns of plats and descriptions to the land office at Zanes- 
 ville, and to the Surveyor-General's office, I received for 
 my pay an order for one thousand two hundred and fifty 
 dollars on General Findley,''^ receiver of the land office at 
 Chillicothe. In riding through the woods, I got badly 
 hurt by my horse passing under a leaning tree, and was 
 for some time unable to leave home. A friend then living 
 at Chillicothe came to see me, and I intrusted the order to 
 
 * General James Fifi(iley, soldier and politician, was born in Frank- 
 lin county, Pennsylvania, about 1775, and died at Cincinnati, Ohio, 
 December 28, 1835 He emigrated to Cincinnati in 1793, and was one 
 of the legislative council of the territory in 1798. He was receiver of 
 public moneys in Cincinnati district frtmi the first establishment of land 
 offices until 1824. He was a prominent Democratic leader, and often 
 a member of the legislature, and was also colonel of the Second Ohio 
 Volunteers in 1812, serving under General Hull, at Detroit. Member 
 of Congress, 1825-1833; candidate for governor in 1834. 
 
84 Life of Ephraim Cutler. 
 
 him, to draw the monev from General Fiiidley for me. 
 At that time, John Jacob Astor had agents purchasing 
 skins and fars throughout the country. My friend, instead 
 of transacting the business himself, let a person who was 
 engaged in a bear-skin speculation take the order and 
 draw the money. This person kept nine hundred dollars 
 of it, which he expended in the pnrchase of bear-skins 
 and furs. These he put into a boat, and proceeded with 
 them to New Orleans, and thence by sea to Boston, where 
 he spent the avails in dissipation. The loss of this hardly- 
 earned money was a serious disappointment to me. 
 
 At the first session of the legislature, I believe, after the 
 constitution was operative, it was considered necessary by 
 the dominant party to re-organize the militia. This was 
 effected by carrying out an ill-digested law passed at that 
 time. There was an election in 1804 for a brigadier-gen- 
 eral of the first brigade of the third division of the Ohio 
 militia. At a meeting of the field and compan}' ofiicers of 
 the second resciment of that brigade, in which I was 
 major,* it was almost nnanimously "resolved to consider 
 me as their candidate for that office. The officers in 
 Washington county gave me at the election nineteen ma- 
 jority. Muskingum and Belmont counties also belonged 
 to the brigade. In the latter county, twelve officers who 
 would have voted for me were prevented from doing so 
 by the secrecy with which the election was conducted, 
 they not having any notice of the time when, or the place 
 where, it was held. ISTotwithstanding the means used to 
 defeat my election, I had a clear majority of five votes in 
 the brigade, and yet the major-general returned my oppo- 
 nent, E. W. Tupper, as elected, and Governor Tiffin com- 
 missioned him I Democracy was in the ascendant, and I 
 soon found m^^self nothing in the political drama but sim- 
 ply the justice of the peace for Ames township. As I had, 
 during a very important period of my life, performed the 
 
 * The commission of Governor St. Clair to Ephraim Cutler, as major 
 of the second regiment, bears date June 13, 1801. 
 
Life of Ephraim Cutler. 85 
 
 most of my official duties without a cent of compensation, 
 I regarded it as a relief from an intolerable burden. 
 
 I was necessarily much of the time away from home, 
 and, as a matter of course, an unusual amount of care had 
 devolved upon Mrs. Cutler. She had a talent for looking 
 after and taking care of business superior to any other 
 woman I ever saw. Her health was generally good until 
 1804, when it declined, and the following year decided 
 symptoms of consumption were manifested. We had 
 lived on my Federal creek farm nearly eight years, and 
 had made considerable improvements, when the hope of 
 benefiting Mrs. Cutler, by removing where we could se- 
 cure the advice and care of a physician, induced me to 
 lease my farm and go to Belpre.* The distance was 
 t"^'entv-seven miles, but it took us three davs to accom- 
 plish it, over the rough road which led through the forest 
 to Marietta. This road, however, we left at Esquire 
 Samuel Brown's, eight miles west of Marietta, and cut 
 our way through the woods, over high hills and across 
 creeks, for five miles, to the bank of the Ohio river, and 
 arrived about sunset, December 28, 1806, at the house of 
 Mr. Elias Xewton, where we remained until the frame 
 (which I had bought) of a building prepared for a mill, 
 and then lying on the bottom a mile or two up the river, 
 was hauled down to my land, raised, covered, inclosed, 
 and fitted up for our temporary residence. 
 
 I had purchased of General Smith, of Baltimore (in 
 connection with Judge Fearing and Major Sproat), a 
 share of land drawn in the name of J. Mercer. I retained 
 
 * About this time, General Putr.am wrote to a friend : " Major Cutler 
 is among my particular friends. ... He deals considerably in 
 lands, cattle, and horses, and probably finds his advantage in it. The 
 beginning of winter, I understand, he had seventy head of neat cattle, 
 seventeen horses, mares, and colts to winter. For several summers 
 past, I believe they have milked from twelve to fifteen cows. In the 
 few years he has been on his farm, he has made very great improve- 
 ments, much beyond any other man in his neighborhood. He has 
 lately leased his farm for three years, and has settled on the Ohio, 
 about six miles below Marietta." 
 
86 Life of Ephraim Cutler. 
 
 for my own use the one hundred and sixty acre lot, on the 
 Ohio, six miles below Marietta, and added to it several 
 small lots lying near. Here I proposed to make my home, 
 and that winter cleared a place for the stone house, the 
 foundations of which were laid the next spring. 
 
 The winter of 1806-7 was very cold, followed by a rainy, 
 late spring, and the river overflowed the low bottom lands 
 two or three times. The succeeding summer, the whole 
 region was visited by a general sickness — agues and re- 
 mittent fevers — and we suffered with others. During the 
 autumn, Mrs. Cutler's** health rapidly declined, and, on 
 the 3d of jSTovember, she gave up her pure spirit to her 
 blessed Redeemer. Her last words were : "All is glorious," 
 and a glow of supreme pleasure continued visible on her 
 face long after death had done its office. At that time, 
 my brother. Temple Cutler, was here on his first visit to 
 Ohio, and was about returning on horseback to Massa- 
 chusetts. I decided to send with him, to the care of my 
 parents, my youngest son, Daniel, not yet nine years old. 
 I furnished him with a fine horse, and the journey was 
 completed in twenty days. He remained there until 1816, 
 when he returned to the w^est. 
 
 The first settlement of this place, afterward organized 
 as Warren township, was made as early as 1799, and was 
 called I^ogle-town, for one of the original settlers. It was 
 located on reserved Congress section No. 8, and consisted 
 of a row of log cabins on the bank of the river, and did 
 not present an inviting appearance, as those who occupied 
 them were not owners of the soil, and made only tem- 
 porary improvements. Except Section No. 8, the good 
 bottom lands were nearly all surveyed into eight-acre lots, 
 and belonged to shares in the Ohio Company, and were 
 
 * Mrs. Leah Cutler died at the age of forty-two years. She united 
 with the Congregational Church, in Marietta, March 30, I80G. General 
 R. Putnam, in a letter to Dr. M. Cutler, dated March 17, 1807, writes: 
 " Mrs. Cutler is not only esteemed an excellent woman, but also a 
 pious, sensible Christian. She made a profession of religion about a 
 year ago, and in her examination discovered such experimental, as 
 well as doctrinal knowledge, as gave great satisfaction." 
 
Life of Ephrahn Cutler. H7 
 
 owned by persons living at a distance, some even in En- 
 rope. It was very difficnlt to obtain enougb of tbese 
 small lots lyina: too:etlier to make a farm of convenient 
 size, and on this account, although they comprised some 
 of the finest land in the township, men of property were 
 not inclined to settle on them. Much of the land back 
 from the river was owned by non-resident proprietors, and 
 long continued uncultivated. From these circumstances, 
 settlement progressed slowly. In the years 1804 and 1805, 
 Mr. Eli as Newton, Mr. Seth Bailey, Mr. William Smith, 
 Mr. John Cole, and his sons, purchased hind, and com- 
 menced improvements. Most of them erected neat frame 
 houses on their farms ; the frames and lumber for these 
 were brouo'ht in rafts from the headwaters of the Ohio. 
 In 1806, Mr. John Henry came with his family, and in the 
 same year Congress section No. 8, which makes perhaps 
 the best farm in the township, was bought and taken pos- 
 session of by Isaac Ilumphreys, Esq. 
 
 In January, 1807, the following persons, with their fam- 
 ilies, composed the population of the territory, afterward 
 included in the boundaries of Warren, viz : John Cole, 
 and his sons, Xathan, Ichabod, Asa, and Philip; Willard 
 Harris, Thomas Patten, J. Harden, Ezekiel Finch, Will- 
 iam Hutchinson, Isaac Ilumphreys, vSeth Bailey, Timothy 
 Cone, Elias Newton, William Smith, John Henry, Samuel 
 Brown, Gideon Rathbun, Jonathan Dunham, Amos Dun- 
 ham, and Ephraim Cutler. As the number of inhabitants 
 increased, we petitioned the county commissioners to es- 
 tablish us a township for political purposes. This petition 
 was granted September o, 1810; and the township was in- 
 corporated by the name of Warren, to keep in remem- 
 brance the services and sacrifice of that eminent man. 
 General Joseph Warren, who was slain at the memorable 
 battle of Bunker's Hill. That part of Warren which is 
 in township No. 2 of the 9th range, was originally in Ma- 
 rietta; the remainder was included in Belpre. 
 
 My new place, on the bank of the Ohio, with the ex- 
 ception of about ten acres which had been cleared on two 
 of the small lots, was in its wild state, the rich bottom be- 
 
88 Life of Ephraiyn Cutler. 
 
 ing covered witli a heavy growth of wahmt, maple, and 
 beech, very expensive to remove, and money was exceed- 
 ingly scarce. The building of the stone house cost more 
 than I expected. It absorbed all my means, except my 
 lands. 
 
 On the 13th of April, 1808, I was married to Miss Sally 
 Parker, a native of Newljuryport, Massachusetts. We had 
 to strufiTffle with manv difficulties. I was embarrassed with 
 debts, and it was more than two years from its commence- 
 ment before our house was ready to be occupied. For 
 some years I was much engaged in clearing, improving, 
 and fencing my farm. But, b}^ the blessing of Providence 
 upon our eiibrts, we eventually succeeded in establishing 
 a comfortable and pleasant home. 
 
 In the early history of Warren the progress of improve- 
 ment in morals, intelligence, and property was slow. 
 Habits prevailed which are incident to new countries 
 where the gospel is not preached. For several years there 
 was no house for holding public meetings and no stated 
 means of grace. Ministers, passing through the place, or 
 visiting here, would occasionally preach a sermon in our 
 own house wliich the neighbors were invited to attend. 
 Among those who thus favored us were the Rev. Samuel 
 P. Robbing, of Marietta, Rev, Mr. Gould, of Gallipolis, and 
 Rev. Jacob Lindlev, of Athens. 
 
 In the winter of 1809-10, the iirst school kept here was 
 accommodated in our sitting-room. It was taught by 
 John Brown, a son of Captain Benjamin Brown, of Ames, 
 whose intelligence, good sense, and decision of character, 
 made him a very successful teacher. He was afterward 
 well known as General Brown, of Athens, for many years 
 the treasurer of the Ohio University. In 1810, a log 
 school-house was built on my upper place (a farm lying 
 further up the river), that served for several years not only 
 for school pur})Oses, but for holding elections, and re- 
 ligious or other public meetings. Our common schools 
 were liberally supported. They were taught in winter by 
 l)r. John McMillan, Mr. John Adams, and other compe- 
 tent teachers, and in summer the school was for a long 
 
Life of Ephraim Cutler. 89 
 
 time in charge of Miss Sally Rice, of Ames, or Miss Mary 
 Ann Cutler, daughter of Major Jervis Cutler, then recently 
 from Massachusetts. They Avere hoth refined and culti- 
 vated young women. 
 
 The first effort for religious instruction in the place was 
 the establishment of a Sabbath-school. It was commenced 
 May 23, 1810, and continued through the summer by Mr. 
 Joshua Shipman, of Marietta, and Miss Mary Ann Cutler. 
 The scholars were taught the catechism, and committed 
 to memory portions of Scripture. The school was con- 
 tinued for several years, and resulted in much good. 
 Bishop Moms and other ministers of the Methodist Epis- 
 copal Church held services occasionally in the township, 
 and as years passed two or three classes were formed 
 within its limits. The first church organized in our im- 
 mediate vicinity was the Presbyterian Church of AVarren, 
 formed February 23, 1828, by the Presbytery of Athens; 
 and the liev. Addison Kingsbury became its able and 
 faithful pastor. The introduction of the ordinances and 
 instructions of the gospel, with bible classes, Sabbath- 
 schools, and temperance societies, purified and elevated 
 the community. 
 
 Judge Cutler's consecutive narrative proceeds no farther. 
 The remainder of the volume consists of such materials as 
 have been found among the family papers, principally 
 letters, short sketches, and diaries, which are thought to 
 be worth preserving, with which are intermingled extracts 
 from public journals. 
 
 Writing of a business in which he engaged for many 
 years, he says : " When I resided in Ames township, with 
 a view to encourage settlers to come into that part of the 
 country, I bought on credit a considerable amount of land 
 from proprietors in jSTew England, wdiich I sold to settlers 
 on credit, trusting them until they could raise wheat or 
 cattle, usually the latter, to pay me for their farms. This 
 early led me into the droving business. I commenced 
 this traffic in 1800, and it was said that I drove the first 
 cattle over the mountains to eastern markets ever taken 
 from Ohio. I did more or less of this laborious business, 
 
90 Life of Ephraim Cutler. 
 
 annually, for thirty years. Small profit generally resulted 
 to me, but necessity controlled it. Eventually, many poor 
 families were placed in very flourishing circumstances, who 
 had nothing with which to buy land, nor a dollar to spare 
 for years after they made the purchase of me. I thus 
 aided some two hundred families to acquire homes. A 
 number of these have become wealthy, and many are 
 scattered far and wide in the great West. I believe, for the 
 most part, they have established good and honorable 
 characters," 
 
 Droves of cattle or swine which in 1889 may be started 
 from the Ohio river at Bel pre by railroad o*ne day and 
 offered in the Baltimore markets on the next, would have 
 been in 1800, and for many years after, six weeks or more 
 in transit. A diary, kept during one of these tedious 
 journeys in the summer and autumn of 1809, more full 
 than others found in his memorandum book, is here in- 
 serted. It shows some of the delaj^s and difficulties en- 
 countered by those who then engaged in this traffic, and it 
 is not without interest as a picture of the country and 
 times in the early part of the nineteenth century. 
 
 Tuesday, July 25, 1809. Started with eighty-six head 
 of cattle, and crossed the Ohio river six miles from Mari- 
 etta, and drove on to Charles Ferry's place. 
 
 Wednesday, Jul;/ 26. Drove to Husher's, twenty-six 
 miles. 
 
 Thursday, July 27. Lose twenty head of cattle in the 
 woods. Drive the remainder to Webster's, where my 
 drove joins that of Browning and Dana and goes on. Buy 
 two steers of Husher for thirty-two dollars. Return after 
 the lost cattle, find eighteen head, and get them to 
 Webster's. 
 
 Friday, July 28. Still hunt, but without success, for the 
 two missing steers ; then go on to Nathan Davis's with the 
 eighteen head. 
 
 Saturday, July 29. Drive to within three miles of Clarks- 
 burg. Find on the way a steer, which Charles, who went 
 on with the drove, had lost. 
 
 K'uvday, July 30. One of my oxen very sick from eating 
 
Life of Ephraim Cutler. 91 
 
 laurel, leave him, and start on. Soon find another very 
 sick, and leave him at Isaac Copeland's. A little beyond 
 Simpson's creek I lose again the whole of my cattle (in 
 the underbrush), and hunt for them till sunset, when I 
 find sixteen, and soon after the other one. Stay all night 
 at Devol's — a merry old fellow. 
 
 Monday^ July 31. At Plummer's find another steer sick, 
 and leave him at Johnson's. Go on to Gaudy's, where I 
 overtake the drove. 
 
 Tuesday, August i. Drive to Thomas's, on Cheat river, 
 and leave a steer sick. 
 
 Wednesday, August 2. Drive to Johnson's, on Big 
 Youffh. 
 
 Thursday, August 3. Another steer sick. Divide our 
 cattle (from Browning and Dana's) and drive to the Glades, 
 near Hamill's. 
 
 Friday, August 4. Discharge two hands. After salting 
 the cattle, leave them in pasture in Charles's care and go 
 on to Westernport, and stay all night at Davis's, Have 
 not been well for three or four davs. 
 
 Saturday, August 5. Go on to Moseby's store. Mr. 
 Pierce, who is concerned with Moseby, invntes me to dine, 
 and gives me encouragement that he will view and buy 
 my cattle. Fell in company with an old quaker, who lives 
 up New creek. He tells me of the remarkable cures 
 effected by the new spring discovered in the Alleghany 
 mountains. A man, who had been long sick, dreamed of 
 taking the water from a spring, which relieved him. A 
 neighbor to whom he described the place as it appeared 
 in his dream, knew of a spring that answered the de- 
 scription, and went and brought some of the water, which 
 so relieved and strengthened the invalid, that he was 
 shortly able to go there himself, and soon recovered per- 
 fect health, which he had not enjoyed for several years. 
 Three men, it was stated, who were bald, by washing in 
 the spring water, had the hair grow upon the baldness, 
 and deaf people were cured, etc. In the afternoon, I go 
 over to Patterson's creek. A muster held at Vanderver's 
 
92 Life of Ephraim Cutler. 
 
 store, wliere tlie people raffle for a watch. Go home with 
 Mr. Vanderver. 
 
 Sunday, August 6. Still feel unwell. Mr. Vanderver is 
 rich, but I did not see a pair of bars or a gate on his farm. 
 The house is full of ne2:roes. I noticed several religious 
 books, mostly memoirs of Methodists, and also " Simpson's 
 Plea for Religion," an excellent new publication. His 
 wife appears to be a religious woman, plain, but well dis- 
 posed. The house is small, but very neat. I had a clean 
 and excellent bed. The Baptists held a meeting at a 
 house near the store. 
 
 I went down the creek, and stopped at Mr. Johnson's, 
 who invited me to dine. He told me that Mr. Miller, who 
 had been down with Williams's cattle, left there the day 
 before, and that they sold at Baltimore at $6, $7, and |7J 
 per hundred-weight. Went on to Adams's and Parker's. 
 Monday, August 7. Came back to Backbone. Stopped 
 at Mr. McCartey's merchant mill. Stream very small, 
 yet, notwithstanding the great drouth, the mill went 
 briskly. The miller was so polite as to show me all the 
 machinery, elevators, rolling screens, coolers, merchant 
 bolt, packing, etc., and set them all in motion to oblige 
 me. Corn, hay, and crops generally, look very miserably 
 wherever I have been. Called at Moseby's, Davis's, and 
 Scrabble. At the latter place, fell in company with a 
 man on his way to Scioto. Write a letter to send home. 
 
 Juesday, August 8. Mr. Pierce came to view my cattle, 
 as he agreed. In the evening, Mr. David Parsons came 
 from Romney on the same errand. 
 
 Wednesday, August 9. Parsons goes to see Foley's cattle 
 at Big Yough. No sales yet. 
 
 Thursday, August 10. Have sent Charles back to Cheat 
 river, to inquire after the steer we left at Thomas's, sick. 
 These Glades are a most delightful place. Tlie high grsss 
 waving in the wind, beautiful shade-trees in clusters, with 
 the distant hills, present a most pleasing prospect. Some 
 of these natural meadows are miles in extent, and the va- 
 riety of scenery is wonderful. On one hand are groups 
 of pines murmuring in the breeze; before me is a clear 
 
Life of Ephraim Cutler. 93 
 
 and gently meandering stream, where frolics the delicious 
 trout, clothed with his beautiful spotted coat; and on the 
 other hand rises the lofty Backbone, the highest land in 
 this part of America. These scenes, with this pure air, 
 conspire to enliven and elevate our ideas. The great 
 author of all good has been bountiful, but degenerate 
 man makes poor return for these and ten thousand other 
 blessings. 
 
 Friday, August 11. A rainy morning. Colonel Linn 
 came here with cattle he has been purchasing in George's 
 Hill Glades and about the Backbone. He has sixty- seven 
 head, and tells me he has about one hundred and forty at 
 home. He is an old revolutionary veteran. Time has 
 silvered his locks, but he is very lively and pleasant in 
 conversation, and well informed. A true and warm friend 
 of his country, he fought her battles in those times which 
 tried men's souls. He came in cold and wet, and took up 
 a vile Democratic paper called " The Whig," which in al- 
 most every column branded him and such like characters 
 with the epithet " Tory." He read it with composure, 
 while breakfast was preparing. At the table, we fell into 
 conversation on the prospect of war. Our conversation 
 soon turned upon Wilkinson, as commander of the army. 
 He said that he believed tliere would not an honest man 
 hold a commission under him, and mentioned a recent in- 
 stance of the resignation of a captain, a young gentleman 
 of the first talents and fortune, who disdained to serve 
 under a coward, traitor, and villain. I mentioned the 
 case of Jervis. He instantly took the " Federal Repub- 
 lican " from his pocket, and read the account which I sent 
 to the " Supporter." He said that he had put the paper 
 in his pocket, in order to show it to several of his friends, 
 as an instance of turpitude in the late administration. 
 After breakfast, he went and viewed my cattle, and ofiered 
 every assistance to find a market ; and insisted, if I came 
 down again, I should ride over and see him. He lives 
 about eleven miles from this place, in one of these charm- 
 ing Glades. Dr. McHenry, late Secretary of War, and 
 his lady, are on a visit at his house, where they will stay 
 
94 Life of E^ihraim Cutler. 
 
 until autumn. We parted with mutual invitations and 
 assurances of friendship. Charles returned in the after- 
 noon with the steer left at Cheat river, and we got the 
 cattle all up in pasture. 
 
 Saturday, August 12. Conclude to leave Hamill's, 
 who has treated us with friendship and kindness. Lose 
 cattle ; Charles went back, and found all but two. The 
 prospect in descending Alleghany is very pleasing, there 
 are about thirty farms on George's Hills under view at one 
 time — a beautiful house and fine farm apparently two or 
 three miles off. We stop at a Dutchman's at the mouth 
 of Savage, named John Brant, newly come there. The 
 woman came out and tripped down to the river to call her 
 husband. The house looked very shabby, and I expected 
 poor fare. I thought if we could get a little milk it would 
 be the best we would get, and expected to lie on the floor 
 and be a prey to the fleas. But appearances are deceitful. 
 We went in after taking care of our cattle, and found 
 every thing orderly and clean, and asked for supper. The 
 woman had four small children, and no help. She in- 
 quired which we would have, coflee or tea ? I told her 
 coflee, and in a few minutes she had a chicken killed, 
 dressed, and on tlie table, with bacon, coddled apples, 
 pickles, cucumbers, apple pie, and I know not what all. 
 The table was set with the neatest china, and every thing 
 had a most exquisite taste ; coffee, clear as amber ; and all 
 done in the twinkling of an eye. They both appeared 
 like cheerfulness itself. In the room where we lodged, 
 was a nice bed, an elegant clock, a handsome beaufet, well 
 filled. How much depends on woman to make this world 
 tolerable I 
 
 oujiday, August 13. Stay all day at Brant's. Charles 
 goes back after the two steers we lost, and returns with 
 them in the evening. 
 
 31otiday, August 14. On the way over Savage Mountain 
 meet two or three droves of negroes. Gave one of the 
 drivers, and the master, who rode in a carriage, a lecture 
 they will be likely to remember. I felt some energy, and 
 what little humanity I possess was roused at this shocking 
 
Life of Ephraim Cutler. 95 
 
 eight. We stopped at Davis's and had hreakfast, and 
 hired a hand to help with the cattle, and drove on to 
 Long's, on the farther side of Knobly. 
 
 Tuesday, August 15, Losetwo steers, and liave to stay 
 and hunt them. Overtake the boys at Frankfort, and 
 drive to Dr. Dunn's farm. Pasture very poor ; the drouth 
 has been extremely severe. 
 
 Wednesday, August 16. Drive to Colonel Rawling's place 
 at the mouth of Patterson's creek, and stop and bait our 
 cattle for one hour. This is a most delightful place, but 
 the kind and generous proprietor is no more. He gave 
 freedom to all his slaves, to commence at the age of 
 twenty-eight, divided his estate among his three children, 
 and gave suitable legacies to the three oldest blacks. Very 
 neat house and gardens, and out-houses well contrived. 
 The house stands on an elevated spot, at the confluence of 
 Patterson's creek with the north branch of Potomac. A 
 full view of the river, for a considerable distance, enlivens 
 and beautifies the scene. There is great diversity of land- 
 scape — meadows, gentle hills, and lofty mountains in sight. 
 The house is retired a small distance from the .road, a line 
 orchard and a variety of beautiful trees, near and about 
 the house, form part of the scenery. 
 
 Thursday, August 17. Drive to Mr. Black's, at Fifteen 
 Mile creek. Sell some steers to Andrew Moore, of Ship- 
 pensburg, for |112.50. I know not when I have met with 
 more disinterested kindness than this day. We had left 
 two steers in the woods at Mains's (where we staid Wed- 
 nesday night), for we could get no pasture. Mr. Black 
 came along and saw them in the road, and, from their 
 size and appearance, believing them to be mine, he drove 
 them on, seven miles, to me. We go on seven miles, and 
 stay at Lowder's — a very honest, clever Dut(5hman, good 
 and hospitable ; every thing excellent. 
 
 Friday, August 18. Last evening, a Mr. Hager, son of 
 the proprietor of Hagerstown, stopped and wished us to 
 call at Portmansear's, and bring on a steer for him. Ac- 
 cordingly we called, and found him there. Breakfasted. 
 
96 Life of Ephraim Cutler. 
 
 A steer taken sick; leave him, and drive on nineteen 
 miles. 
 
 Saturday, August 19. Stopped at Snyder's. Good 
 breakfast. 
 
 Sunday, August 20. Came through Hagerstown ; stop- 
 ped and saw Mr. Hager, who introduced me to several 
 gentlemen, among others to Mr. Charles Worland and Mr. 
 Delihunt, who assured me he had pasture, and that there 
 would be many buyers at his farm ; drove there. He and 
 Mr. Worland came out with me. He lives four miles from 
 town, and has a most lovely farm ; an hundred acres in a 
 pasture, the whole interspersed with mulberry, walnut, 
 and cypress trees ; a most delicious stream runs, clear and 
 swift, through the middle of it; and through the center 
 of a meadow of fifty acres, a fine mill-stream is taught to 
 run straight by the art of man. This stream is dammed 
 at its entrance into the meadow, and from thence, by lit- 
 tle canals, it waters the whole, and spreads a green luxu- 
 riance over it, contrasting with the dry uplands in a most 
 pleasing and striking manner. The willows, the lofty 
 elms, the ancient stone buildings, the fruit trees and gar- 
 dens, all contribute to make the scene interesting. Here 
 is an old fort constructed over a very large spring ; the 
 stone walls are more than twenty feet high, and four feet 
 thick made of limestone. It is built in the form of an L, 
 with two fronts of about forty feet. It was built a long 
 time ago, perhaps seventy-five years, as a defense against 
 the Indians. It is in the midst of a very rich, beautiful, 
 level country, settled almost exclusively by Dutch, who 
 are wealthy, but ignorant. 
 
 31onday, August 21. In the morning I was awakened 
 by Mr. Delihunt, who told me his spring-house, which is 
 in part of the Old Fort, had been broken open, and also 
 his stable, and that my horse was stolen. He immediately 
 got up his horses, and sent a young man one way, while 
 he and I hastened to town, where, I believe, he soon in- 
 formed the most of the people in it that we suspected a 
 runaway negro, who belongs to one Cook. Mr. Cook 
 took a horse and rode with us till 2 o'clock. 
 
Life of Ephraim Cutler. 97 
 
 Tuesday, August 22. Mr. Gilbert, who is a near neigh- 
 bor to Mr. Delihunt, came over early and informed me 
 that my horse was taken up about five miles from here on 
 the road to Lancaster, Pennsylvania. We went and found 
 him, and gave the man a dollar. Rode to town in the 
 afternoon, '^o cattle-buyers, and prospects gloomy. 
 
 Wednesday, August 23. Went to town and saw Mr. 
 Hager and Charles Worland, and got my horse shod. Ex- 
 tremely dry, and prospects very dull. Yesterday six hun- 
 dred head of cattle went on to Pennsylvania. 
 
 Ihursday, August 24. Conclude to start. Bill at Deli- 
 hunt's, ^13.50. Sold him one steer at $8. He sent his son 
 with me to Bland's, four miles, where I sold two 
 cattle at $18 and $14. Sold to Mr. Maurice Baker five 
 head at $17 round. He treated me with great kindness, 
 and made me stay to dine. Go on three miles, and stop 
 at a Dutch tavern. 
 
 Friday, August 25. Go to Mechanicstown, and on 
 through Creagerstown. Saw a fat fellow very much en- 
 gaged in electioneering, and an old gray-headed man, sev- 
 enty-five years old, swearing in a shocking manner. Town 
 and people appeared much alike. Came on to Liberty, 
 aiid got my cattle in pasture at Mr. Richard Cole's, who 
 appears to be much of a gentleman. Put up at J. L. 
 Dorsey's. A horse-race has been held here for three days, 
 and the people are noisy and drunken. 
 
 Sunday, August 27. I have spent two nights and a 
 day, in a most disagreeable noise and riot. Yesterday 
 morning, early, two men quarreled, and came near fight- 
 ing; then, about noon, a young man and another fellow, 
 apparently about thirty years old, began a quarrel, and 
 the eldest knocked the younger one down, and he lay un- 
 conscious for some time. In the evening the young man's 
 father, seventy-five years old, came and whipped the other 
 fellow. This is a very pleasant little town. Mr. Cole, 
 Mr. Capster, and Dr. Sappington, are very gentlemanly, 
 well informed, and in easy circumstances. Mr. Capster 
 came early this morning, and invited me over to his house, 
 7 
 
98 Life of Ephraim Cutler. 
 
 where I tarried a couple of hours. Mr. Cole has invited 
 me several times, and I have spent a good deal of my time 
 at his house. Dr. Sappington has just left me ; he was 
 here an hour or two, when a servant came and called him 
 to a sick: child. These gentlemen each have very hand- 
 some houses. Cole's and Capster's are of brick, large, and 
 well furnished. The town (Libert}^) is built on two hills, 
 a small stream runs in the valley between ; on the eastern 
 hill stand the buildings I have iiientioned, and perhaps 
 twenty other decent houses — several of them are built of 
 stone. There are only two taverns in the place, and this 
 is the best. The people appear to be mostly very indus- 
 trious mechanics, live handsomely, and are steady and well 
 behaved. The noise, at the house where I am, was occa- 
 sioned, principally, by those who came here to attend the 
 races. 
 
 3Iond(Hj, Atujast 28. I was last evening at a Methodist 
 meeting. There was a considerable collection of people, 
 and I went in and sat down. Very soon a man began to 
 sing a hymn in a familiar song-tune. The preacher then 
 read a psalm. As soon as he was done, all the people rose 
 and sang until the principal singer tired himself out by his 
 loud singing and violent exertion. After this the minis- 
 ter prayed, during which there was a constant noise all 
 over the house, with frequent responses, and repetitions 
 of liis prayer ; the negroes, especially, exclaiming, " Oh, 
 Lord! hear our prayer," "Oh, Lord! bless us," and 
 "Amen !" Then there was singing again, then an exhor- 
 tation, without any text or particular subject, then another 
 hymn. Soon I heard a jumping and slapping of hands, and 
 a person cry " Glory," and then heard her fall (I believe it 
 was a wench), she appeared distressed for breath, but con- 
 tinued crying, " Glory !" " Oh, Lord !" " Oh, Jesus !" un- 
 til I came away. In all this confusion the principal singer 
 was on his knees praying, and was joined by a great num- 
 ber of others, negroes and devout whites, till he was ex- 
 hausted by his vehemence, when they sang another hymn. 
 It grew late, and I left the meeting. I was moved to see 
 the fervency of the poor blacks. 
 
Life of Ephraim Cutler. 99 
 
 Tuesday, August 29. Leave Liberty. Sold to-day, in 
 small lots, thirteen head, amounting to $290. 
 
 Wednesday, Aucjust 30. At Hanover sold four steers for 
 |44. Drive to Widow Eichelberger's. 
 
 Thursday, August 31. Sold eight cattle at $17 J to David 
 Eaton, overseer of Coleman's Forge; and four more to 
 Valentine Amit, five miles short of York, at $30. Stop at 
 Thomas Eichelberger's. 
 
 York, Pennsylvania, Friday, September 1, 1809. At Mr. 
 Thomas Eichelberger's. York is situated in a rich valley ; 
 a small river (Codorus creek) runs through the town. 
 One of the handsomest bridges I ever saw is thrown over 
 this river by five arches ; at each end stand two handsome 
 pillars, with entablatures, but no engravings. The court- 
 house is a noble building, and will be long remembered 
 as the place where Congress met while the British were 
 in possession of Philadelphia (1777). There are several 
 meeting-houses handsomely built. All the public and 
 many of the private buildings are of brick. Many of the 
 private houses bespeak the owners to be Dutch. The 
 forms are under fine cultivation in this vicinity. The 
 barns, in the old Dutch style, are stone ; the under story 
 all stabling, generally about sixty feet by thirty ; but some 
 are eighty and some one hundred and twenty feet long. 
 There are many barns, newly built of brick or stone, tliat 
 are very handsome, with nothing of the old fashion about 
 them, except the stabling, which I think is on the most ex- 
 cellent plan I have ever seen. 
 
 I went out this day among the farmers to sell cattle. I 
 took the canal road from town to Mr. Jones's ; he was not 
 at home. He has an excellent farm. A fine stream, 
 beautifully shaded with willows, steals silently through 
 very extensive meadows clothed in the richest green. A 
 part of the town and several fine seats can be seen from 
 his house. The town is remarkable for having Lombardy 
 poplars, weeping willows, and other trees in all the streets, 
 which gives it a rural appearance, and prevents a full 
 view from any point. 
 
 From Mr. Jones's I went to Mr. Updegraft's. He was 
 
100 Life of Ephraim Cutler. 
 
 not at home, but two young ladies, his daughters, gave 
 me a polite invitation to come in and sit down. They 
 were Quakeresses ; their manners were extremely easy. 
 There is something in the manners of a well-bred Quak- 
 eress that is very interesting and attractive, or, perhaps, 
 I have imbibed a partiality that makes me particularly 
 admire their deportment. A simple, modest behavior is 
 undoubtedly what every woman ought to cultivate, and 
 attain to, if possible. 
 
 From thence I went to Mr. Rittle's, He, too, was ab- 
 sent, but his wife, a proper Dutch woman, told me she 
 " should not buys no catties for de drout." I asked the 
 way to Mr. Amit's. She told me to " go the road till I 
 met two houses, and then I would come to a brick, stone 
 house by de mills, then go to de right, and then to de 
 left to Amit's." Well, to Amit's I went, but did not find 
 him at home. His wife and family were at dinner, of 
 which they invited me to partake. She told me Mr. 
 Amit wanted to buy, and would come and see my cattle. 
 I then took a farther circuit, going eight or nine miles 
 through a beautiful country, in which I saw nearly twenty 
 fine farms. 
 
 Saturday, September 2. Leave Eichelberger's. He 
 wished to enter into partnership, and would bring out a 
 thousand pairs of shoes and some boots, and $1,000 in 
 money, next summer to buy cattle; but partnership is a 
 bad ship. He has an excellent new brick house and good 
 farm, and a modest, well informed wife. 
 
 The poor-house, which I saw this day at York, is an 
 honor to the place. I judge it to be upward of a hun- 
 dred feet in length, three stories below the roof, four chim- 
 neys, and a very pretty cupola, and a piazza the full length 
 of the building. There is a very handsome edifice adja- 
 cent, which, I suppose, is the residence of the overseer. 
 It is finely situated by the side, and has a full view of an 
 extensive meadow. It is half a mile from any road, has a 
 neat, well-kept yard, and a good spring of water. 
 
 It rained before we started from Eichelberger's ; we had 
 a very rainy afternoon, and got very wet. Drove about 
 
Life of Ephraim Cutler. 101 
 
 eight miles and put up at a Dutch tavern. They are mak- 
 in<^ a turnpike road from York to Lancastei;:;: ako^t two. . ;-' 
 hundred Irish are at work on it, several "svitii bhlck eyes' 
 and bruised faces. \ ,y, \ i *,>''"'' i^' JN 
 
 Sunday, September 3. If ever any person was liomesicV, 
 I am. I can not see the end of my journey or of my toils. 
 When I came here yesterday, I hoped to be ready to turn 
 my face homeward by Monday, but am still disappointed. 
 
 Our fat landlady sits in her shift and petticoat, con- 
 stantly on her piazza. She is loquacious enough, but I 
 can understand her with difhculty : " my Got,"' says 
 she, " what a little hand ! You don't work ! There ! " 
 She thrust out her hand toward me, " dat's more big dan 
 two of dat," and fell into a loud laugh. I thought so too — 
 it looked as hard as a wood-chopper's, and as black as a 
 squaw's. She has two maids to assist her, and the house 
 is clean, and victuals good. The man appears like an 
 honest, fat Dutchman, and has an excellent farm. 
 
 Yesterday, a man overtook and rode a little way with 
 us who could talk English. I could almost call him 
 brother. He was well informed and sociable. He soon 
 craved my name, and in an obliging manner gave me all 
 the useful information he could. He told me that the 
 Rev. Mr. Campbell, the church minister in Carlisle, mar- 
 ried a lady by the name of Cutler, in England. 
 
 The Dutch are remarkable for having selected the very 
 best lands. They are sure to root out the Irish. There is 
 an irreconcilable aversion between these people. The 
 Dutch are slow, cold-hearted, and economical ; the Irish, 
 warm and quick in their feelings, generous, and vain. 
 How can such materials assimilate? They have nothing 
 alike, and there is no adhesive principle to cement them; 
 and, of course, they do not mix. I am told there is 
 scarcely a Dutchman among the two hundred men at 
 work on the turnpike, although this road is enlfirely 
 through Dutch settlements. Both these people look up 
 to the English, who, in turn, regard them as inferiors. 
 This naturally leads the English to habits of idleness and 
 dissipation, the consequences of which are much to be 
 
 ■< 5 II 
 * ' 1 ,) 
 
 > i ) 1 
 
102 Life of Ephraim Cutler. 
 
 dreaded. It gives me pain to see the Dutcli so inattentive 
 to learning snd the improvement of the mind. They have 
 '< '<c strong judgment, and are generally moral and industrious, 
 aijd "■vhen they are polished, they shine equal with any — 
 forlnstailcii, the two Misses Updegraff ! 
 
 Monday, September 4. Bill, $4.45. Drove three miles 
 to the Susquehanna river, and ferried the cattle over ; hill, 
 $2. Then drove to Henry Miller's farm, a mile and a half 
 from the ferry. He is an honest-looking Dutchman. 
 Rode out for purchasers. Prospect dull. 
 
 Tuesday, September 5. Sold five steers to Mr. Miller. 
 Met a Mr. Spear, who huys the remainder for $700. 
 Charles, my son, left me ahout one o'clock, on his return 
 home. 
 
 Wednesday, September 6. I never passed a' more restless 
 night — never shut my eyes until ahout daylight. Took 
 ' my horse, and rode to Lancaster, eight miles. Lancaster 
 is a very handsome town. The manners of the people are 
 much more polished than at York. I saw hut few women 
 in the streets with hare feet ; on the contrary, at York, 
 and at all the little towns and country-seats, they were 
 harefooted even when at their neighhors, except the En- 
 glish of fortune, and some few who copy them. 
 
 Thursday, September 7. Returned from Lancaster, and 
 arrived at Mr. Spear's ahout two o'clock. He had started 
 to Lancaster an hour before. Spent an anxious after- 
 noon. 
 
 Friday, Sejytember 8. Mr. Spear returned in the even- 
 ing, and Mr. Birnie, a gentleman from Philadelphia, came 
 with him. Mr. Birnie is a Scotchman, well informed, and 
 of an excellent character. He is a commission merchant. 
 I have established a correspondence with him. 
 
 Saturday, September 9. Several of Mr. Spear's neigh- 
 bors were here to breakfast, after which Mr. Spear, Mr. 
 Peyton, and I went to Columbia, and came back by Col- 
 onel Strickler's. Mr. Spear informs me he has negotiated 
 at the bank for money, but it could not be obtained until 
 Monday. 
 
 Sunday, September 10. A long, tiresome day. Mr. Spear 
 
Life of Ephraim Cutler. 103 
 
 and his wife go to meeting. Mrs. Spear is the daughter 
 of Colonel Strickler. She possesses in a liigh degree the 
 active qualities of that family. She is industrious and 
 vigilant, with a talent to command, and is as well qualilled 
 for a farmer's wife as is possible. The men servants ap- 
 peared to obey with promptness and respect. She is also 
 ver}' courteous, and strives to make every thing pleasing 
 to her guests. Mr. Spear's mother, a tine old lady, lives 
 with liei'in ffreat harmonv, 
 
 Monday, September 11. Mr. Cutler, having closed his 
 business with Mr. Spear, set out on horseback to return to 
 his home, where he arrived late in September. These 
 journeys were not without danger, as well as fatigue. The 
 mountain roads were often infested by lawless characters. 
 Robberies, and sometimes even murders, occurred. On 
 one occasion, when stopped by a highwayman, he owed 
 his safety to the use of his loaded whip and the sagacity 
 and iieetness of his horse. 
 
 In 1810, Judo-e Cutler entered into an aii-reement with 
 Colonel William Vause, on the south branch of the Poto- 
 mac, Hampshire county, Virginia, that he would purchase 
 cattle as early as possible in the spring, and send theni to 
 the Glades, in Alleghany county, Maryland, where Colonel 
 Yause was to provide trusty herdsmen to take charge of 
 them until they were lit lor market, when he was to dis- 
 pose of them, refund the purchase-money, deduct the 
 other expenses, and divide the profit or loss equally be- 
 tween them. This arrangement continued two or three 
 years, until the war' with Great Britain came on, wdiich, 
 with some restrictions as to right of pasturage, brought 
 the business to a close, of which Colonel Yause writes, 
 March 14, 1813 : " I have thought it advisable not to en- 
 gage in the stock business this season. There are several 
 characters in Alleghany county, Maryland, whose infiu- 
 ence has prevailed on the legislature of that state to enact 
 a law prohibiting us Virginians from herding stock in the 
 Glades, unless under certain regulations, which are not in 
 my power to comply with this spring." 
 
104 Life of Lphraim Cutler. 
 
 War was declared with Great Britain June 18, 1812. 
 Judge Cutler went over the mountains in September of 
 that year, and writes home from the Glades : " I have 
 been at the south branch, and have seen my friend Vause. 
 All was bustle and confusion there, on account of the 
 marehins; of the militia. Such another scene I never wit- 
 nessed : fathers, mothers, sisters, and wives, all in tears, 
 taking leave of sons, husbands, or brothers, perhaps to 
 see them no more — it was truly distressing. Colonel 
 Vause is the commander of the regiment, and is regarded 
 as a father and friend b}' all. I never saw a liner set of 
 men than composed one company commanded by Captain 
 Heiskell, of Vause's regiment — all young, handsome, and 
 active, and all completely" equipped as riflemen — Federal- 
 ists and Democrats — all agreed, and harmoniously vying 
 with each other who should do his country, his state, or 
 his county the most honor by a decent deportment and a 
 neat, soldier-like appearance." 
 
 A few weeks later. Colonel Vause writes : " The assem- 
 bly of Virginia have had a long session, owing to business 
 of importance that it became their duty to act upon be- 
 fore they rose. They are occupied in providing for the 
 defense of our eastern frontier, which thev consider nes*- 
 lected by the general government. One of their acts is to 
 authorize the enlistment of one thousand men for during 
 the war, to be employed in the service of the state only. 
 There is no prospect of a speedy peace, and no probability 
 that the war will be prosecuted with any degree of success. 
 How it will end, God only knows ; but I fear it will be- 
 come very calamitous and expensive, and never secure the 
 object for which it was said to be declared, namely, that 
 of vindicatino; the honor of the nation." 
 
 Some extracts from other letters written during the war 
 show how it was regarded in dilFerent parts of the Union. 
 Dr. Cutler writes to his son, March 23, 1813, as follows: 
 " The account you have given me of the treatment of 
 the Indians in two towns you have mentioned, and the 
 undisciplined state of the militia which made so large a 
 portion of General Harrison's army, is most astonishing. 
 
Life of Epliraim Cutler. 105 
 
 The people who have treated the Indians in this savage 
 manner have dehased themselves below the savages. I 
 have l»ng been satisiied that the Indians are rarely, if 
 ever, the first aggressors in their wars with the white peo- 
 ple. Very little is to be expected from soldiers who are 
 under no discipline, and this was probably very much the 
 case with General IIulTs army, and is still with the troops 
 at Plattsburg and near Niagara. Nor will it ever be 
 much otherwise, until there is a commander-in-chief wdio 
 is fit for the station. Heaven has remarkably frowned 
 upon all the attempts to invade Canada. It is, however, 
 no more than we might expect in cai rying on a war so 
 unprovoked, unnecessary, and abominably unjust. I was 
 sorry to find your son was one of the conscripts. I hope 
 you will, at all events, provide a substitute. 
 
 '". . . In this quarter, the distresses of the war are 
 most sensibly felt. Commerce has almost totally ceased. 
 Very little has been obtained by privateering. Double 
 the amount of property has been taken in the ships that 
 have been captured since this vile business commenced, to 
 what has been brought in by privateers." 
 
 Mr. Wright Converse, of AVaterford, Ohio, emigrated 
 to Louisiana, where, in 1813, he volunteered, and served 
 under General Claiborne in the campaign against the 
 Creek Indians. In a letter to his old friend. Judge Cutler, 
 written January 15, 1815, he gives an account of the bat- 
 tle of New^ Orleans, fought on the 8th of that month : 
 
 " From long acquaintance, and the friendship I have re- 
 ceived from yourself and family, I take the liberty to 
 address you. No doubt you will be interested to hear 
 that the Ens'lish landed on the 23d of December with about 
 7,000 troops, and marched for New Orleans. General 
 Jackson met them eight miles from the city with a su- 
 perior force, and a battle commenced. After fighting 
 about two hours we got the better of the enemy ; our 
 loss was considerable, and the enemy lost a much greater 
 number. 
 
 '•Both armies entrenched within about a mile and a 
 half of each other, aud have kept up a continual skir- 
 
106 Life of Ephraiyn Cutler. 
 
 mishing since. They made two formal charges on our 
 works, for which they paid dear — the first time they lost 
 500 men. Last Sunday morning, about an hour before 
 daylight, they moved out their, whole force and made a 
 bold charge. Our brave men met them, and both fought 
 for two hours, when the enemy was glad to retreat. They 
 must have lost about 2,000 killed and taken prisoners. 
 Our loss was but trifling — six killed and thirteen wounded. 
 Our large cannon would open their ranks, and on all 
 quarters the slaughter was considerable. The militia have 
 been ordered out en masse, and are continually passing on 
 to Orleans. General Jackson has about 16,000 men fit for 
 the field, therefore we have nothino- to fear, although we 
 have several points to guard. 
 
 " The English will rue the day they landed in Louisiana. 
 Thev did not meet General Winder, Ijut General Jackson, 
 who will give them the plunder they came for I If men 
 have the least ambition, Jackson will make soldiers of 
 them. I am of opinion it w^oulcl be better for the State 
 of Ohio to send Generals Cass and McArthur, and some 
 others, to Jackson ; he would mix them with his men, and 
 no doubt if they improved he would make subalterns of 
 them. He has adopted a simple plan — that is, to make a 
 soldier an oflicer ; if officers are not soldiers, he lets them 
 go home. 
 
 "Four frigates lightened at the Balise came up to Fort 
 Plaquemine and commenced an attack, and the fort 
 fought them manfull}'. From the best information, we 
 believe that two ships were sunk, and one blow^n up; our 
 loss in the forts but small. 
 
 " On Wednesday last, General Jackson and General 
 Lambert exchanged prisoners, and on Thursday morning, 
 there was not an Ensrlish soldier to be found in their 
 works ; therefore are all drawn oft". What attack they 
 will make next is uncertain." 
 
 The battle of IsTew Orleans closed the liostilities of the 
 war of 1812 soon after the ratification of the treaty of 
 Ghent. Mr. John Heard, a proprietor in the Ohio Com- 
 pany, writes : " I presume the two shares I own may be- 
 
Life of Ephraim Cutler. 107 
 
 come rather more valuable, as by the haiul of a kind 
 Providence pe'ace is restored, and we liave abundant I'ca- 
 son to be thankful ; but have no cause to give the least 
 credit to those rulers who have made this unjust and ruin- 
 ous war. It is astonishing to find that not a single article 
 in the treaty secures the objects for which the war was de- 
 clared — to obtain a repeal of the orders in council ; to re- 
 move the illegal blockades; to prevent the impressment 
 of seamen ; and other complaints. We find not one of 
 these objects obtained by the war, or even so much as 
 named by the treaty I But I forbear, the subject is 
 painful." 
 
 The little community of Warren, however, without 
 gainsaying, on the night after the welcome news of peace 
 was received, assembled at Judge Cutler's residence to ex- 
 press their unfeigned gladness. An old pioneer states that 
 " The house was brilliantly illuminated, the word PEACE 
 shining from the upper window^s, and the judge came out 
 upon the door-steps and made us a capital speech, to 
 which we responded with hearty cheers, and patriotic 
 songs, and the discharge of our guns, after which we were 
 invited into the house to partake of a bountiful repast 
 spread in the long hall, to which we did ample justice." 
 
108 Life of Ephraim Cutler. 
 
 CHAPTER VI. 
 
 Earthquakes — Flood op 1813— Legislature 1819-20 — 
 School Commissioners. 
 
 A series of earthquakes, considered remarkable by 
 scientists, occurred during the winter of 1811-12, which 
 were particularly severe in the Western States. Of these 
 Judge Cutler, in a letter dated Warren, February 19, 
 1812, writes thus to his father : 
 
 " In giving you some account of the late earthquakes, 
 I will confine myself to the phenomena as they appeared 
 at my house, or as I personally felt them when from home, 
 presuming you have seen descriptions in the public papers 
 from other parts of the country. 
 
 " The first shock was at half past two o'clock on the 
 morning of the 16th of December. When I awoke the 
 bed appeared to have a vibratory motion, and the floors 
 and joists made a noise much like a frame house in a 
 violent wind; as our house is stone, and we never per- 
 ceive the least motion in the hardest winds, we were of 
 course alarmed. Mrs. Cutler immediately said, ' It must 
 be an earthquake,' but I tried to assign some other cause 
 in order to quiet her fears. This shock lasted at least five 
 minutes, I think it was ten minutes before the house 
 ceased to shake. About sunrise we felt another shock. 
 Again about eight o'clock the house began gradually to 
 shake, and was not entirely still until forty-five minutes, 
 after eight. The hardest shock was five minutes after it 
 commenced, when it gradually subsided, and then in- 
 creased, so as to give in this time three shocks. In the 
 course of this day (the IGth) we felt ten distinct shocks, 
 and one the following night. 
 
 " The next day, which was the 17th, we had one shock, 
 and one on the succeeding night. On the 18th there was 
 
Life of Ephraim Cutler. 109 
 
 another not noticed by our neighbors, nor would it have 
 been by the family, if Charles had not been with a man 
 on the roof of the house in the act of laying brick to top 
 out one of the chimneys. The chimney vibrated three or 
 four inches. They came down and informed me. I found 
 the house was in a tremulous motion, which continued 
 about one minute. 
 
 " On the 23d of January this region was visited by a 
 second remarkable shock. I was on a journey to Zanes- 
 ville and did not perceive it, but my family state that ij 
 was preceded by a roaring noise, which passed up the 
 river from S. W. to N. E. This shock was not so severely 
 felt at our house as the first. On the 3d of February I 
 was at Zanesville in the senate chamber about nine o'clock 
 in the morning, when the court-house, in which we were, 
 shook to that degree that nearly all the people, perhaps three 
 hundred, rushed out. I felt a giddiness and nausea, which 
 I found was the case with many others. The spire of the 
 court-house, when I got out to see it, vibrated at least 
 twelve inches, and it was said by those who saw it at the 
 hardest that the vibration had been much greater. On 
 the 7th instant, at three-quarters past three in the morn- 
 ing, we had a shock more severe than any before experi- 
 enced, I was at Waterford in bed with Mr. Benjamin I. 
 Gilman, and was awake at its commencement. When the 
 bed began to shake, I supposed Mr. Gilman had made 
 some movement, but soon found he was asleep. The mo- 
 tion increased ; he awoke before the hardest shock, which 
 appeared more like a sudden jerk than any I have felt. 
 It lasted four or five minutes at Waterford, but was longer 
 and more severe at my house. The motion was not un- 
 like that of a sieve in the act of sifting meal. I believe 
 there was considerable difference in the motion of the 
 several shocks. In fhe first it appeared to be under the 
 bed in which I lay, but in the last I have mentioned it 
 was more as if some person had taken hold of the bed- 
 stead and shaken it back and forth. A number of other 
 shocks have since occurred, some of them nearly, if not 
 
110 Life of Ephraim Cutler. 
 
 quite, as severe as the first. We have not kept a par- 
 ticular account of all, but they exceed twenty." 
 
 For about three months the earth appeared to be in a 
 continual tremor. The center of the disturbance was New 
 Madrid, in south-east Missouri, where the vertical and 
 horizontal motion was noted as it was here. For hundreds 
 of miles along the Mississippi, " the land rose and fell in 
 great undulations, and lakes were formed and again 
 drained." Near New Madrid the earth burst open in 
 many places, engulfing trees, rocks, or whatever was on 
 the surface, and from these chasms mud and water were 
 thrown high into the air, and, finally, a district seventy or 
 eighty miles in length and thirty in breadth, along the 
 White river, sank below its original level, and is still 
 known as "The Sunk Countrv." Caracas, in South 
 America, with 12,000 people, was destroyed, March 26, 
 1812, by an earthquake, after which they ceased here. 
 
 The first great flood in this region after the settlement 
 of the colony at Marietta was in January, 1813. A 
 writer in 1755 said : " The Ohio river, as the winter snows 
 are thawed by warmth or rains in the spring, rises in 
 vast floods, in some places exceeding twenty feet in height, 
 but scarce anywhere overflowing its high and upright 
 banks," and Mr. Thomas Hutchins, afterward geographer 
 of the United States, by whgse advice the Ohio Company 
 located their purchase, states in a book published in Lon- 
 don, in 1778, that " The Muskingum is a fine, gentle river, 
 confined by high banks, which prevent its floods from over- 
 flowing the surrounding lands." The experience of the 
 settlers on the borders of these rivers, for a quarter of a 
 century, seemed to confirm these statements ; for, although 
 they were often at full banks, and occasionally a little out 
 of banks on the low bottom lands, no general inundation 
 of the valleys had occurred. There had been partial 
 freshets in February, 1789, and again in December, 1808, 
 but no serious inconvenience resulted, and homes were 
 planted near the river with no apprehension that they 
 would be invaded by the floods. The first troublesome 
 
Life of Uphraim Cutler. Ill 
 
 high water at the Cutler lioniestead is noticed in an old 
 account-book. 
 
 '■'■January 24, 1813. Began to rain, and the Ohio to rise. 
 On the 25th the river rose more than was ever observed in 
 the same time — at iirst, said to have been six feet in one 
 hour. Early on the morning of the 26th, the rain, which 
 had not been heavy, ceased, and the ground was covered 
 with snow. The water that evening was as high as the 
 freshet of December, 1808. The rise was rapid beyond 
 any before known — so sudden as to prevent us from get- 
 ting our stock oft' to a place of safety. AVe drove the cat- 
 tle to the hill earl}' in the morning, but had to carry our 
 sheep off" in a boat about noon, and ferried the horses 
 over in Mr. Cole's flat that evening. We got the hogs 
 into the house, in the course of the night, except eight 
 or ten that were drowned. We also lost two sheep and 
 two calves; one was drowned, and the others perished in 
 consequence of the cold and snow. On the 27th the fam- 
 ily moved up stiiirs. The water still continued rising, but 
 not so rapidly. About six o'clock on the morning of the 
 28th the river came to a stand, when it was five and a 
 quarter inches on our lower floor, and about four feet 
 higher than ever before known since the settlement of 
 Marietta. On the evening of the 28th the water de- 
 scended from the floors, and we were able to build fires 
 below. If the cold had not set in, no doubt the rise 
 would have been much greater. The river was low for 
 the season of the year when the freshet commenced, and 
 one remarkable circumstance was its rapid progress un- 
 attended by any extraordinary fall of rain." 
 
 The flood of 1813 has been called the " Ice Flood," 
 from the fact that the river was crowded for a day or two 
 with heavy blocks of floating ice, and when the temper- 
 ature fell the back-water froze to tlfe thickness of two or 
 three inches. The discomfort and loss of property occa- 
 sioned by the flood in the Ohio Valley was very consider- 
 able, but not to be compared with the more recent and 
 much higher floods of 1832 and 1884. 
 
 Occupied with his own aft'airs, and surrounded by his 
 
112 Life of Ephraim Cutler. 
 
 family, with no public duties to perform, except those of 
 justice of the peace, the years passed quietly with Judge 
 Cutler until 1819, when he was elected to the house of 
 representatives in the Ohio legislature. 
 
 He has left no detailed account of his services in the 
 legislature. What these were, and the circumstances in 
 which they were rendered, can now only be gathered from 
 the legislative journals, his own occasional notes, and let- 
 ters written at the time. 
 
 It is not unfrequently the case that important services 
 have been rendered to communities, and to the state by 
 agents who have disappeared from public notice so nearly 
 contemporaneously with the accomplishment of their pur- 
 poses that no personal credit has ever followed or been at- 
 tached to their actions. This has not arisen from ingrati- 
 tude, or an unwillingness to accord due honors to faithful 
 servants, but rather from the fact that the progress of 
 events is so rapid in a community where all are strug- 
 gling forward that to-day displaces yesterday, while to- 
 morrow speedily obliterates both, or casts them into the 
 shades of forgetful ness. 
 
 For a public man to receive even his just award of 
 merit, his name must be kept so constantly before the 
 world that it will become almost a household word, and 
 must be connected with positive acts of value and import- 
 ance. This is an unwelcome condition to be imposed 
 upon a man of genuine modesty and true sensibility, and 
 is so often neglected by himself and his friends that his 
 services, however meritorious, sink out of sight and are 
 soon forgotten, or are accorded to some more noisy builder 
 upon other men's foundations. It is also true that some 
 of the most influential and beneficial agencies, especially 
 in laying the foundations of civil society and social pro- 
 gress, have been so quiet in their labors that very few, 
 even of their cotemporaries, could, in the nature of the 
 case, have sufficient knowledge of the facts to secure their 
 publication to the world. 
 
 An illustration of the popular tendency to forget the 
 services of faithful public servants may be found in Judge 
 
Life of Ephraim Cutler. 113 
 
 Cutler's case. lie was called into legislative service from 
 1819 to 1825. During this time he undertook to lay the 
 foundations of two of the most important systems of pub- 
 lic policy that were ever adopted by the State of Ohio. 
 One of them was that relating to common schools ; the 
 other, an ad valorem or equal systeui of taxation. His 
 persistent labors in securing their adoption will appear in 
 the following pages. But the tide of popular favor car- 
 ried more energetic aspirants into office, while he adhered 
 rigidly to a j^rinciple of personal restraint " never to seek 
 office," and was retired from political position at a time 
 when he had acquired an eminence in the state, surpassed 
 by few of his associates. 
 
 .Judge Cutler, in his notes, written several years before 
 his death, refers to these eifbrts : " I was elected to the leg- 
 islature' for several terms, and was employed as one of a 
 committee to prepare a school system, but in 1819-20 only 
 obtained its passage through the house. It did not pass 
 in the senate. I also attempted, during the same session, 
 the introduction of a system of taxation, which met with 
 no favor until 1824; during that winter, I persevered and 
 prepared bills for an equal system, and, in the memorable 
 year 1825, had the pleasure to see them pass both houses 
 by large majorities. My mind was greatly occupied by 
 this matter until it was accomplished. I had very little 
 encouragement for some time. I remember, however, that 
 Mr. Henry Clay, whom I met in Columbus, on hearing me 
 explain my plan, highly approved it. The session ending 
 in February, 1825, produced this system, the school law, 
 and the system of internal improvements." 
 
 Rev. Dr. Manasseh Cutler* was the author of that clause 
 in the " Ordinance of 1787," which declares that " religion, 
 morality, and knowledge being necessary to good govern- 
 ment and the happiness of mankind, schools, and the 
 means of education, shall forever be encouraged." And 
 
 *See North American Review, for April, 1876. Article, " Tlie Ordi- 
 niince of 1787, and Dr. Manasseh Cutler," by W. F. Poole. 
 8 
 
114 Life of EpliraiwL Cutler. 
 
 this was one of the conditions upon which he negotiated 
 with congress for the purchase of the Ohio Company's 
 lands. 
 
 It was at the instance of his son, Ephraini Cutler, when 
 a member of the convention that formed the constitution 
 of Ohio, in 1802, that the same clause, substantially, was 
 incorporated into the organic law of the state. Judge 
 Cutler was, in politics, "an old Federalist," consequently, 
 after the admission of the state, he was retired from all 
 active political service, but he never lost sight of the 
 grand idea that "religion, morality, and knowledge" were 
 the organic principles of the state. lie believed that the 
 constitutional ^irovision not merely authorized the legisla- 
 ture to act, but that it was mandatory; and imposed an 
 obligation upon the legislature of the state to encourage 
 schools, and that neglect to do so was a violation of that 
 instrument. 
 
 Accordingly, on his return to public life as a member 
 of the house of representatives, in 1819, he writes: "The 
 party heat had become much cooler than what had pre- 
 vailed since 1808, and no party measures were agitated. 
 I moved to have a committee appointed to prepare a sys- 
 tem to regulate common schools. I was chairman of that 
 committee, and prepared, a bill providing to have the 
 townships divided into districts, school houses to be built, 
 money for that purpose to be raised by a tax on the prop- 
 erty WMthin the district, and jjart of the pay of the teacher 
 to be paid fi'om the public funds. It passed the house, 
 but the senate did not act upon it, and it died at the end 
 of the session." 
 
 In reference to his effort to originate, at that time, an 
 eiRcient school system for Ohio, it may be added that 
 Henry Stoddard, Esq. (who was a member of the legisla- 
 ture of 1819-20), stated in conversation, in 1853, tliat he 
 had in his possession a copy of the original bill introduced 
 by Mr. Cutler in 1819. A request was made that he would 
 commit this relic to a son of Judge Cutler. In response, 
 he writes to W. P. Cutler, under date of Dayton, January 
 5, 1854: "It will aftbrd me great pleasure to furnish you 
 
Life of Ephraim Cutler. 115 
 
 the bill, as introduced into the legislature at the session of 
 1819-20, which was the basis of the statute passed at that 
 session regulating common schools, and although very de- 
 fective for the purpose for which it was introduced, yet it 
 is the foundation of the system which is now the pride 
 and glory of our state; and / know that no man in the 
 legislature so essentially contributed to its final passage as 
 your father." 
 
 Up to 1819, the legislation respecting schools had been 
 of a local nature, and nothing had been done to establish 
 a system of common schools for the whole state. Al- 
 though provision had been made by congress in land 
 laws, and in the sale of lands, for the application of sec- 
 tion 16 in each surveyed township for school purposes, 
 yet even that aid was allowed to remain almost useless for 
 want of system in its management. The injunction upon 
 the legislative authority " to encourage schools and the 
 means of education" had been unheeded; and it was 
 natural that he should improve the first opportunity 
 which ofiered to give activity and efliciency to a principle 
 which he might claim as an inheritance from his father, 
 and which his own efforts had made fundamental in 
 Ohio. 
 
 At this day, when our common-school system is uni- 
 versally popular, the earnestness with which he followed 
 up this favorite measure, and the anxiety with which he 
 nursed it, can scarcely be appreciated. Then the subject 
 was met not only by an indifference which had allowed 
 one generation of youth to pass away unprovided with 
 schools, since the organic command to the state had been 
 issued " to encourage schools and the means of educa- 
 tion," but by a determined hostility which, based upon 
 the plea that " every man should educate his own chil- 
 dren," was active and influential all over the state. The 
 imperfect law of 1825 cost far more labor than the subse- 
 quent acts based upon and supported by an advanced pub- 
 lic sentiment. 
 
 Of the session of 1819-20, he writes: "I also offered a 
 resolution on the subject of taxation, declaring that it was 
 
116 Life of Ei^hraim Cutler. 
 
 necessary to pass a law that property should be taxed ac- 
 cording to its value. It was a joint resolution ; it passed 
 the house, but did not pass the senate." 
 
 In a country so new, and with so limited a development 
 of its native resources, as was the case in Ohio prior to 
 1825, the field for the tax-gatherer was not inviting. 
 Land was, in itself, the principal wealth, as well as the 
 source from which all else was derived. It therefore be- 
 came, from the first, the main dependence for taxes. 
 
 The system adopted for levying taxes upon lands was to 
 separate them into three classes or rates. Listers were ap- 
 pointed, who entered all lands under first, second, and 
 third rates, according to their judgment of quality; that 
 is, all of the first rate at two dollars, of the second rate 
 at one dollar fifty cents, and of the third at one dollar per 
 acre ; and all lands under each rate paid the same tax per 
 acre. The principle of ad valorem found no place in the 
 legislation of Ohio before 1825, excepting in regard to lots 
 and dwellings in towns. 
 
 The operation of this rate system became exceedingly 
 unequal and unjust, as between different sections of the 
 state. The burden of taxation fell heavily upon such 
 counties as Washington, Meigs, Athens, and Gallia, while 
 the more wealthy portions of the state, in the Miami and 
 Scioto Valleys, escaped. 
 
 As long as the financial wants of the state were con- 
 fined to the necessary expenditures for its own govern- 
 ment, the subject does not appear to have received much 
 attention. But the imposition by the general government, 
 in 1813, of a direct war tax of $3,000,000, of which the 
 proportion of Ohio was $103,000, seems to have excited 
 an earnest inquiry into the subject of equality of taxation. 
 This direct tax was assumed by the state, and money was 
 borrowed, in whole or in part, to pay it, thus saving fifteen 
 per cent. Afterward the tax was collected from the peo- 
 ple under the old rate system on lands. 
 
 This burden of a war tax Avas soon followed by the 
 project of the Ohio and Erie Canal. The canal system 
 found advocates in the fertile interior valleys of the Scioto 
 
Life of Ephraim Cutler. 117 
 
 and Miami, because tlieir wants and necessities dictated 
 that policy; and it was manifest, from the topography of 
 the country, that any improvement of tliat nature must, 
 necessarily, be located within their borders; while in the 
 eastern portion of the state, from the nature of the sur- 
 face, such a work would be impracticable. But while the 
 canal policy had acquired such support from the more 
 wealthy and influential parts of the state that its ultimate 
 success \^as assured, the eastern portion was laboring un- 
 der a most unequal and burdensome system of taxation. 
 The canal scheme was gaining in popular favor, its friends, 
 intent only on the result, gave little heed to the sources of 
 state credit. 
 
 Such were the circumstances in which Judge Cutler 
 took up the ad oalorem system, really, for the first time in 
 the State of Ohio. He managed to keep the law " estab- 
 lishing an equitable mode of levying the taxes of this 
 state " in the advance, and to secure its adoption by the 
 legislature, and then withdrew his opposition to the 
 canal. 
 
 The evidence of his labors for the improvement of 
 schools, and of the revenue of the state, is not mainly 
 found in legislative journals (although they contain cor- 
 roborative proof), from the fact that they were kept in a 
 very loose manner, and debates were not reported. The 
 letters of gentlemen, written at the time when both these 
 questions were fresh and well understood, afford the best 
 insight to the actual status of these subjects at that time, 
 and the difficulties to be overcome. His own letters to 
 Mrs. Cutler, during his attendance on the legislature, 
 show his direct and influential agency in relation to them. 
 These also introduce to us some of his associates, and pre- 
 sent a view of the various subjects which, at that early 
 day, occupied the attention of our legislators. 
 
 As before stated, in the autumn of 1819, Judge Cutler 
 was elected to represent the counties of Washington and 
 Athens in the general assembly. He writes to Mrs. Cut- 
 ler from Columbus, December 7, 1819: "I arrived here 
 safely on the 5th inst. Several friends called on me, and 
 
118 Life of Ephraim Cutler. 
 
 gave me a welcome I did not expect. Col. Lord came, 
 and most cordially invited me to board with him, which I 
 gladly accepted. I am, according!}^, at his liouse, which is 
 very pleasantly situated, and have a room, elegantly fur- 
 nished, entirely to myself. Col. Lord is a friend on whom 
 I can rely. Mrs. Lord is a pleasant, well-bred woman, 
 wdio does every thing with pleasing politeness, neither ful- 
 some nor affected ; the family is small, and very agreeable ; 
 and what company I have seen are of the first respecta- 
 bility. No other person boards with me, l)ut there are 
 fifty members within a few steps, so that I have the benefit 
 of retirement in the midst of bustle and noise. 
 
 "Yesterday the house and senate were organized, the 
 several oflicers elected and sworn — Joseph Richardson, 
 speaker of the house, and Allen Trimble,* speaker of the 
 senate. This day at 12 o'clock the message of the gov- 
 ernor (Ethan Allen Brown f ) was received and read. The 
 business of the house has not yet assumed an interesting 
 shape." 
 
 To Mrs. Cutler, December 22, 1819 : " I find a number 
 of very valuable men members of this body, and there is 
 ground to hope that some important improvements in our 
 system of laws will be effected, but business progresses 
 slowly. jSTothing of a public nature has yet been accom- 
 plished; of private and local matters more has been 
 done. 
 
 * Allen Trimble, born in Augusta county, Virginia, November 24, 
 1783. A politician and lawyer. Settled in Highland county, Ohio. 
 Commanded a mounted regiment in the war of 1812. Member of leg- 
 islature 1816-26, and most of that time speaker of the senate. Acting 
 governor in 1821-2, and governor of Ohio in 1826-30. He was a friend 
 and promoter of common schooLs, agriculture, and manufactures. He 
 died at Hillsborough, Ohio, February 2, 1870, 
 
 f Ethan Allen Brown, born at Darien, Connecticut, July 4, 1776. He 
 read law in the office of Alexander Hamilton, and was admitted to the 
 bar in 1802; settled in Cincinnati in 1804 He was judge of the Su- 
 preme Court of Ohio from 1810 to 1818; governor from 1818 to 1822; 
 United States senator, 1822 to 1825; canal commissioner, 1825 to 1830; 
 United States minister to Brazil from 1830 to 1834; commissioner of 
 general land office, 1835. Removed to Indiana, 1836; died at Indian- 
 apolis February 24, 1852. 
 
Life of Ephraim Cutler. Ill) 
 
 " Mr. Stoddard, a member of the house, hoards near 
 me; he is one of the most agreeable men I have found 
 here. He and Mr. Jennings, of St. Clairsville, who are 
 both lawyers, spend much of their time with me ; Col. 
 Lord also spends a part of every evening. I generally sit 
 up till about midnight, employed in drawing up reports of 
 committees, preparing bills, writing letters, or in reading. 
 
 " Gen. H came here with the expectation of leading 
 
 or, rather, directing all public affairs. He got up a set of 
 resolutions instructing our senators and representatives in 
 congress to raise the tariff on goods made in foreign coun- 
 tries, so as to encourage the establishment of all such 
 manufactures in our own ; and also not to pay the public 
 debt, but apply the funds to making roads and canals. In 
 the senate, of which he is a member, it passed unani- 
 mously. When it came before the house I could not re- 
 frain from saying, I thought it indelicate and impropev, 
 on our part, to undertake to instruct men who had been 
 selected by our constituents to act in those affairs, and 
 were provided with every aid to form a correct judgment, 
 who had been recently elected, and had given no cause lor 
 jealousy. It would render us deservedly ridiculous in the 
 eyes of men of common sense and information. Very un- 
 expectedly, I found that the house went with me in solid 
 phalanx. I send a copy of these resolutions, as versified 
 by Gardner : 
 
 " 'Ii'r'solve(/, By the senate, ihat all the distress 
 Which our constituents so sorelj' 0])))rpss 
 Is caused by the want of a proper selection 
 Of means to give home manufactures protection, 
 That wise and good policy loudly requires. 
 And love of our country most warmly inspires, 
 That wc should do sometliiiig, yes, all that we can, 
 And join in the struggle, as if by one man. 
 To keep manufactures free from the sheriff; 
 And this must be done l>y augmenting the tariff. 
 
 '"Resolved, That this senate sincerely regiets 
 The nation's so free in discharging her debts. 
 That we think it unwise, and impolitic too, 
 To pay out a cent more than just what is due: 
 
120 Life of JEphraim Cutler. 
 
 And if any cash more than strict justice calls 
 Should be left to make roads or to open canals. 
 We advise that the government open a sluice 
 Through the Isthmus of Darien (according to Foos), 
 And we'll get silks and tea for our pork and corn 
 By a much nearer route than to double Cape Horn. 
 
 "' Resolved, To instruct our Trimble and Ruggles 
 To aid by log-rolling, and speeches, and struggles. 
 And that lioss, Brush, and Keecher, and Herrick, and Sloan 
 Be requested to speak in their manliest tone. 
 And strive that these laudable things should obtain, 
 That thus we may all be elected again. 
 
 '"Eider: 
 
 " 'Resohed, By the house, that the senate is crazy, 
 For if they'd act wise they'd be quiet and aisy, 
 And let every man buy his coat where he can 
 For specie or paper, for beef, pork, or grain.' " 
 
 To Mrs. Cutler, December 24, 1819: "I came from the 
 house this evening wearied. I had made a speech, in 
 which I felt considerably animated, and now experience 
 the consequent exhaustion. The question i-n debate re- 
 lated to the banks which failed to pay their notes. Dr. 
 Campbell, whom I consider one of the lirst men in the 
 house for ability and integrity, Mr. Corey, and several 
 others, spoke on the same side of the question ; Mr. Kelly, 
 a lawyer and a Democrat, on the opposite. 
 
 "I am appointed on a very important committee, who 
 have under consideration a bill to regulate schools. I am 
 endeavoring to draw a bill which I hope will be so con- 
 structed as to pass, and to produce a good effect." 
 
 'i\) Airs. Cutler, December 29, 1819 : " I have just re- 
 turned from attending a meeting of our committee. The 
 difficulty in making thick-headed mortals understand 
 plain questions is sometimes vexing, but this evening our 
 committee has had to contend with art and avarice com- 
 bined. There is nowhere to be found knaves more design- 
 ing than at a legislature, wiiere, with specious words and 
 demure looks, they seek to entrap the unwary. I am 
 truly tired of it. My liead, hands, and even heart are en- 
 
Life of Ephraim Cutler. 121 
 
 gaged in the labors before me. There is as yet nothing of 
 asperity in the house ; the senate is more divided." 
 
 To Mrs. Cutler, January 9, 1820 : " It afflicts me to see- 
 so much time wasted in doing or rather in debating about 
 things, the most of which ought not to be done ; but so it 
 is. Conscience and inclination both prompt me to en- 
 deavor to accomplish something that will be of service to 
 my constituents. I am not without hopes of effecting a. 
 chano^e in (uir svsteni of taxation, and of o;etting a law 
 passed for establishing school districts and encouraging 
 schools, and a state road from the mouth of Fishing creek 
 to West Union, and also to Portsmouth. On taxation, I 
 have had two trials, and had, alone, to combat all the- 
 speakers in the house. On the first vote, twenty-two 
 voted with me, and forty against; but on the second they 
 stood twenty-eight to thirty-two. I will make one more 
 effort, and hope to carry it. 
 
 "I presume you will remember how bitterly Gen.T 
 
 used to persecute and abuse me ; I have, this day, had an 
 opportunity to reward him in a way that I should always 
 be glad to reward all others who have done the like. He 
 had a claim before the house for services rendered to the 
 state. I exerted myself to the utmost to have him receive 
 a handsome compensation, while his former sycophants- 
 forsook him, and were ready to reduce his pay to what 
 would be meanness. Perhaps I may some day show you a 
 letter which he wrote me on Saturday. 
 
 "A few days ago we liad a resolution before the house 
 respecting allowing slavery in the new State of Missouri;. 
 that is, requesting congress not to allow it in that coun- 
 try." [The resolution here referred to, with preamble, is 
 recorded January 15, 1820, senate journal, as having 
 passed both houses of the legislature. They are as fol- 
 lows : "AVhereas, The existence of slavery in our country 
 must be considered a national calamity, as well as a great 
 moral and political evil ; and, whereas, the admission of 
 slavery into the new states and territories of the United 
 States is fraught with the most pernicious consequences,, 
 and is calculated to endanger the peace and prosperity of 
 
122 Life of Epliraim Cutler. 
 
 our country; therefore, Besolved, by the general assembly 
 •of the State of Ohio, That our senators and representatives 
 in Congress be requested to use their utmost exertions to 
 prevent the introduction of shivery into any of the terri- 
 tories of the United States, or any new state that may 
 hereafter be admitted into the Union."'] "I attempted to 
 make a speech on this subject, got pretty warm, and spoke 
 with energy. My friends appeared well pleased. I some- 
 times get excited in debate, perhaps too much so, but I 
 believe I have never descended from a dignified course, 
 and when I have the floor, I am gratified by the order and 
 stillness which ensues. I have made it a rule never to 
 speak unless to assist a friend, or to vindicate something 
 which relates to the interests of my constituents, and on 
 subjects of a general nature only when duty seems to 
 compel. 
 
 " I have been interrupted by Mr. !N"ashee, your favorite 
 editor. I think his modesty and unassuming simplicity of 
 character, his intelligence and correct deportment, make 
 him quite interesting. He boards at Gardner's, but is fre- 
 quently in my room, and the dull hours move more rapidly 
 in his company. 
 
 "Mr. Bazaleel Wells is also here on business. His brow 
 is somewhat wrinkled with care, and his head silvered by 
 time ; but he still retains that noble, dignified air, which 
 you have often heard me mention that he possessed in a 
 superior degree." 
 
 To Mrs. Cutler, January 21, 1820 : " I am oppressed with 
 the responsible situation in which I am placed. The bill 
 before the house for regulating schools, on which I have 
 spent much thought and many hours of labor, I expect to 
 lose, and dread the day when I must exert all my poor 
 ability to again defend it. Another bill for forming a 
 canal from Lake Erie to the Ohio, which duty requires me 
 to oppose, is a source of painful solicitude. I am alone in 
 this, as respects men of ability, but I must do the best I 
 can." 
 
 A week later he writes : " For several days I have had 
 to contend with the most eloquent and influential men in 
 
Life of Ephraim Cutler. 123 
 
 the house on questions of the most interesting nature. 
 The act for reguhxting schools, which I originated, and 
 that I now feel gratitude to God for sustaining me in car- 
 rying through, has passed the house — yeas forty, nays 
 twenty. An act, for taxing lands, which contained many 
 odious principles, was yesterday rejected by the house. I 
 have the credit of effecting this result. It was recommit- 
 ted to a select committee, of which I was a member, a 
 majority of whom were my friends. I had, I believe, the 
 whole subject under m}- control. I think I shall, eventu- 
 ally, obtain all that I expected; that is, a just and equal 
 system of taxation. These and other subjects have drawn 
 me into discussion with some of the ablest men in the 
 house." 
 
 To Mrs. Cutler, Februarv 6, 1820: "The house dis- 
 patched a good deal of business last week, and I think 
 the session will close about the 25th of February. The 
 canal bill lies back. I expect to have one more tiresome 
 day when it comes up. It makes my head and back ache 
 to discuss these tough questions. The projectors, I am 
 told, are rather alarmed at the opposition. It cost me a 
 day's most fatiguing labor when it was before the com- 
 mittee of the whole house. To support every proposition, 
 and rebut every cavil, single-handed, is, indeed, a task. I 
 asked some, whose duty it was to come forward as much 
 as it was mine, why they did not do so? Their answer 
 was, that I had anticipated all that they could say ! This, 
 however, was not the fact. 
 
 " I have just returned from hearing the Rev. Mr. Iloge. 
 He is a fine preacher, and I have constantly attended his 
 church." 
 
 To the foreo:oino- extracts from Judsre Cutler's own let- 
 ters will now be added letters written by gentlemen to 
 him, relating to matters that claimed the attention of the 
 legislature this winter. Tlie first is from the Rev. Jacob 
 Lindley, a Presbyterian miilister, w^ho had been selected 
 by the Trustees of the Ohio University, in 1808, to organ- 
 ize that institution, which he did, and had continued to 
 conduct with distinguished ability and success. It is dated 
 
124 Life of Ephraim. Cutler. 
 
 Athens, February 15, 1820: " I must apologize that I have 
 not written to you since you left Athens. Mr. Whittlesey 
 has been much out of health, and that circumstance has 
 imposed a double duty upon me in the seminary. There 
 is also a very great excitement of a religious kind, in this 
 place ; it is much more extensive than any thing that I 
 have witnessed here before. It is principally, as yet, con- 
 fined to those who attend worship with us, and, I believe, 
 altogether to the youth. I am worn out with collegiate 
 duties and parochial labors. 
 
 "From the conversation I had with you, I think you 
 understand the wishes of the trustees of the seminary, so 
 that nothing but their petition to the legislature will be 
 necessary to revive all in your mind. It is not the opin- 
 ion of the board that it would be best for the institution 
 to have the lands which support it subjected to a reap- 
 praisement at certain periods, say every twenty-five or 
 thirty ^-ears. The question which labored in the minds of 
 the trustees was, whether or not thev had a rio-ht to have 
 those lands, before they again leased them, reappraised, 
 which had been appraised once, and had afterward fallen 
 into the hands of the board? All the law characters be- 
 longing to the board said that they could not be legally 
 reappraised, without an act of the legislature for that ex- 
 press purpose. 
 
 " Should you be able to obtain the passage of a law ac- 
 cording to the wishes of the board, I hope that law will 
 extend to all lands which may from time to time be for- 
 feited to the board." 
 
 An act authorizing the reappraisement of lands revert- 
 ing to the university was passed February 18, 1820. 
 
 The following letter from Hon. Paul Fearing refers to 
 " an act defining the duties of justices of the peace and 
 constables in criminal and civil cases," which was then 
 under discussion in the legislature, and passed February 
 16, 1820. The letter is dated "Marietta, February 15, 
 1820. Report says that nearl}' all our legislators are jus- 
 tices of the peace, and that they have raised their juris- 
 diction to one hundred dollars. Wise legislators can 
 
Life of Ephraim Cutler. 125 
 
 transcend the constitution, and, as Gen. 11. says, we must 
 obey. The report goes on to say, that before the justice 
 neither party is to have attorney or counsel ; and for the 
 greater dispatch of business, the parties shall not tell their 
 own stories ; and for the saving of cost to the losing party, 
 there shall be no appeal. It is good economy; onr citi- 
 zens had better be at work, than spending their time and 
 money at courts. The act, however, reminds me of a cir- 
 cular letter written by a Mr. Stewart, a member of Con- 
 gress from Pennsylvania, to his constituents. I remember 
 a part of it, after it was versified. I will give it you. The 
 letter was written to aifect the then ensuing election, and 
 is as follows : 
 
 " 'Don't choose a lawyer for your representative, 
 For the lawyers are the greatest rogues alive; 
 Don't choose a lamed man, they bother business vilely; 
 But choose such men as Me, and Bendeger, and Smiley.'" 
 
 The condition of the currency at this time was very un- 
 satisfactory, the solvency of many of tlie banks in the 
 state was questioned, and business was prostrated; and 
 the legislature was expected to find a remedy. People 
 were restive, too, under the unjust system of taxation then 
 prevailing. The annoyances to tax-payers arising from 
 these causes appear from the following letter written by 
 David Putnam, Esq.,* a gentleman largely interested in 
 real estate. It is dated, " Marietta, 24th December, 1819. 
 I have an unexpected opportunity of writing you by 
 
 B , who goes to Columbus in the morning, with the 
 
 view of paying the taxes in his agency, not being able to 
 do it here without much additional expense. As I began 
 
 * David Putnam, son of Colonel Israel Putnam, and grand-son of 
 General Israel Putnam, of the revolution, was born in Pomfret, Con- 
 necticut, February 24, 1769, and graduated at Yale College, 1793. 
 Studied law, and came to Marietta in 1798, where he practiced law for 
 thirty years, and then devoted himself to an extensive land agency. 
 He was an intelligent and valuable citizen, "a friend to order morals, 
 education, and religion." He died March 31, 1856, aged eighty-seven 
 years. 
 
126 Life of Ephraim Cutler. 
 
 early in September, and have been paying until now, I 
 have got through with mine, but I never had such a strug- 
 gle before. More than §600 I have been obliged to pay in 
 specie. The operation of our tax system in this district 
 is abominable. I understand, at Zanesville, canal notes 
 are taken by the collector, and at Cincinnati, the notes of 
 that place. And here, with such money as I have been 
 obliged to pay, I could purchase Zanesville and Cincinnati 
 paper at more than twenty per cent discount. This would 
 have saved more than $300 in my agency. Somebody 
 must gain, others lose this ditierence. But on the prin- 
 ciple disclosed by the auditor in his expose last year, in 
 which he proposed that non-residents should pay their 
 taxes at Columbus, to save the expense of the salaries of 
 the district collectors, this diiference or loss which I men- 
 tion is of no consequence, so long as it does not fall on the 
 state treasury. I would suggest to the honorable auditor 
 another item of his system of saving — that is, to require 
 every person taxed in the state to go to Columbus, make 
 his obeisance to the auditor, and pay his tax there. By 
 this method the auditor would have a galaxy of glory 
 formed around the portrait of his wisdom, for it would 
 save to the state treasury seven or eight per cent on the 
 residents' tax, which the county collectors now filch or 
 suck from the treasury. Would not such financial talents 
 claim for him a statue, erected in a trio with Pitt and 
 Hamilton ? 
 
 "It is a false and pernicious principle, too much inter- 
 woven in our laws and state business, to disregard the 
 time and expense it costs the individual to comply with 
 the requisitions of the state, so long as that time and ex- 
 pense are not paid out of the treasury. It seems to have 
 been forgotten, or not known, that any extra trouble or 
 expense to which an individual is subjected in paying the 
 public burdens, is a direct tax or loss to the community, 
 for all our resources are derived from the industry of the 
 individuals composing that community. The least possi- 
 ble inconvenience should be imposed on the person of 
 whom a tax is demanded. A civil highwayman would not 
 
Life of Ephraiiii Cutler. 127 
 
 knock a man down, if lie could get Lis purse without it; 
 so a civil government ought not, in peremptorily requiring 
 a citizen to pay one dollar to support that government, 
 put him to the inconvenience of spending half a day, or 
 half a dollar, to do it. 
 
 " I hope some system of taxation will be devised by the 
 legislature in lieu of the present unequal one. You know 
 M'hat we want, but to etlect it— there's the rub." 
 
 During the session of 1819-20, the establishment and 
 improvement of roads, and the building of bridges, claimed 
 a large share of the attention of the legislature. These 
 improvements were of the tirst necessity in a compara- 
 tively new country, to promote its development, and se- 
 cure the comfort and convenience of its inhabitants. 
 Congress had granted to the state for the purpose of lay- 
 ing out, opening, and making roads, three per cent of the 
 moneys received from the sale of public hinds in Ohio ; 
 and at this session $59,000 was appropriated from this 
 fund to that object; and in the distribution of the money 
 $1,000 fell to AVashington county. The unsatisfactory- 
 condition of the banks had not only prostrated business,, 
 but had seriously embarrassed the state, and delayed the 
 payment of the three per cent fund. In answer to a 
 letter of inquiry from Judge Cutler, the following was re- 
 ceived : 
 
 " Treasury Office, Columbus, July 17, 1820. 
 
 "Dear Sir: — Yours of the 5th inst. was just received. 
 I received from the Treasurer of the United States a draft 
 for 140,155.27, of the three per cent fund, upon the bank 
 of Steubenville ; from that bank I have taken nothing 
 worse than their paper, which is specie funds; but you 
 may recollect that on investigation of the funds of this 
 department, that there remained and was intermixed with 
 the general revenue more than eleven thousand dollars of 
 former appropriations of the three per cent fund, and which 
 I have been paying out in proportion of one-fifth from the 
 general revenue, but am in hopes that I may effect some 
 exchanges of the general revenue, as I this morning 
 learned that the Miami Exporting Company's paper is 
 
128 Life of Ephraim Cutler. 
 
 looking up; and can therefore inform you that I shall pay 
 the three per cent certificates in specie funds. 
 
 "And as the general revenue at this time consists of 
 nothing better than Miami Exporting Company's paper, 
 Lebanon, Miami B. Co., Urbana, and Bank of Cincinnati, 
 I can not discharge an audited bill on the general revenue 
 unless the above-named paper will do it. Mr. Osborn and 
 myself have had one trip to the western banks on the 
 business of exchanging, and with all the exertions we 
 could make only succeeded in getting from the Miami 
 Exporting Company Bank enough to pay the penitentiary 
 debts to individuals in Pennsylvania ; and from the other 
 banks nothing but fair speeches. I intend visiting the 
 banks again in September, and, if possible, to better the 
 general revenue, as the demands of public creditors are 
 pressing ; and as there is more than |30,000 of uncurrent 
 paper at this time in the treasury, it makes my situation 
 very unpleasant; and in a number of instances have paid 
 out my private funds on audited bills ; and, like many 
 others, can not draw my quarter's salary. 
 
 " If it should so happen that no exchanges of the gen- 
 eral revenue can be made, I shall be compelled still to pay 
 from 1-5 to 1-10 of the three per cent certificates from the 
 general revenue; but that part shall be as good as is in 
 that fund. But I am at this time paying good funds for 
 the three per cent certificates, and no exertions on my 
 part shall be wanting to continue to do so, and to deal 
 out to each applicant equal and exact justice. I need not 
 mention to you the suspicion and distrust entertained of 
 nearly all bank paper, and the distracted state of the cur- 
 rency of the country, and the prudent management nec- 
 essary by the citizens and moneyed institutions, in con- 
 junction with this department, to better the circulating 
 medium of the state. 
 
 "Accept the assurances of the regard of 
 
 " Sam'l Sullivan, 
 '■'■Treasure!' of Ohio. 
 
 "E. Cutler, Esq." 
 
Life of Ephraim Cutler. 129 
 
 In January, 1822, a joint resolution passed the legisla- 
 ture authorizing the governor to appoint eoniniissioners to 
 report a system of education adapted to common schools, 
 in pursuance of which the acting governor, Allen Trimble, 
 in May following, appointed Messrs. Caleb Atwater, John 
 Collins, James Hoge, JS'athaniel Guilford, Ephraim Cutler, 
 Josiah Barber, and James 13ell. On this subject, the gov- 
 ernor, in his message to the next general assembly, says: 
 " The acceptance by the commissioners of the appointment 
 to so laborious a duty is evidence of their ze:!l in the cause 
 of education, and from their known abilities it may be ex- 
 pected that much useful information will be -presented to 
 the legislature on this highly important and interesting 
 subject — a subject justly demanding the attention and 
 undivided aid and support of the representatives of an 
 enlightened, free, and independent state." 
 
 The commissioners met in Columbus in June, and or- 
 ganized by making Mr. Atwater their chairman ; and 
 directed liim to prepare a circular letter to be addressed 
 to all such persons as had charge of the school lands in 
 Ohio, requesting information respecting them. At this 
 meeting the counties of Scioto, Jackson, Pike, Lawrence, 
 Gallia, Meigs, Athens, Hocking, Morgan, Monroe, and 
 Washington were allotted to Ephraim Cutler to ascertain 
 the state and value of the school lands within their limits, 
 and to collect other educational statistics. He devoted 
 much time and thought to these investigations, not only 
 by correspondence, but by personally visiting many points, 
 in order to secure the knowledge desired. 
 
 Several years later, Judge Cutler wrote in reference to 
 these services : " Being somewhat of an enthusiast in favor 
 of the diffusion of education through all ranks of society, 
 I engaged with a willing mind, and at no small degree of 
 personal labor and fatigue, to fulfill the duty thus imposed 
 upon me, and persevered until I had collected a large 
 amount of statistical information respecting the improve- 
 ments made on the school lands in the several counties 
 allotted to me. It was no easy matter to get the ueces- 
 9 
 
130 Life of Ephrriim Cutler. 
 
 sary information to make out a statistical table exliil)iting 
 the state, value, and rents of these lands in so large a dis- 
 trict; and in consequence of the great difficulty in obtain- 
 ing accurate and full accounts it was incomplete. If my 
 recollection serves me, it was the only thing done in this 
 direction at that time, for very little other statistical infor- 
 mation was collected. In my researches I found that in 
 some instances lands had not been appropriated by Con- 
 gress agreeably to the conditions agreed upon when we 
 came into a state government ; but these have since been 
 obtained by a special act of Congress." 
 
 In August, 1822, the school commissioners met again in 
 Columbus, and as the result of their labors and investiga- 
 tions, directed their chairman to prepare a report to be 
 submitted to the next general assembly. This report con- 
 sisted of a bill proposed for regulating common schools, 
 and a [)am[)hlet showing the condition of the school 
 lands. 
 
 In this connection, a correspondence on the subject of 
 the school lands is here subjoined. Judge Cutler, in a 
 letter dated Xovember 16, 1822, writes to Hon. William 
 liufus Putnam, a most intelligent and thoughtful observer, 
 as follows: "Sickness and the most pressing business 
 combined have prevented the close attention which duty 
 and inclination would have induced me to pay to the sub- 
 ject of schools, and especially to the situation of the school 
 lands within the Ohio Company's Purchase. I am partic- 
 ularly anxious to have an official statement from you of 
 the grant, with its conditions, of No. 16, within the tract 
 of 214,000 acres of army lands within the Purchase, which 
 lot was granted by the Ohio Company. It appears that it 
 is really necessary to have either the general law adapted 
 to the conditions of that grant, or that a special law be 
 passed having reference to those lands only. I earnestly 
 request you to aid me with your ideas on the whole sub- 
 ject, which will be before the school commissioners. What 
 do you think of a general trust in one or more commis- 
 sioners, to superintend not only the fiscal matters, but the 
 
Life of Ej)]iraim Cutler. 131 
 
 real state of education ? A thought of this kind has tran- 
 siently passed through my mind." 
 
 To this letter, Mr. Putnam replied, December 23, 1822: 
 " Your favor of the 16th of November is before me. Hav- 
 ing an opportunity by Mr, Whittlesey, agreeable to your 
 request, I now inclose an extract from the records of the 
 Ohio Company containing all that relates to the sections 
 mentioned by you. I have not time to give the subject 
 of schools, etc., as thorough an investigation as I intended, 
 notwithstanding, such as my reflections have been, will 
 candidly be submitted. The grants constituting the pub- 
 lic funds for the support of schools we will iirst notice; 
 the provisions in the ordinance of 1785 you will recollect, 
 and to what tracts of country they apply ; that these were 
 specific appropriations to the respective townships has not 
 as yet been doubted. On this principle the propositions 
 of Congress, contained in the ' act enabling the people of 
 the eastern division of the territory northwest of the Ohio 
 to form a constitution and state government,' were predi- 
 cated (see prop'n 1st) : ' That the section ISTo. 16, in every 
 township, and where such section has been sold, granted, 
 or disposed of, other lands equivalent thereto, and most 
 contiguous to the same, shall be granted to the inhabitants 
 of such township for the use of schools.' These propositions 
 were afterward modified, but this principle retained (see 
 the act of modification) : ' Section 3. That the sections of 
 land heretofore promised for the use of schools, in lieu of 
 such sections No. 16 as have been otherwise disposed of, 
 shall be selected by the treasurer out of the unappropri- 
 ated and reserved sections in the most contiguous town- 
 ships.' And, further, this principle by the fourth propo- 
 sition of this last-mentioned act, looks even to the lands 
 lying in the State of Ohio, to which the Indian title had 
 not been extinguished. These lands can not be thrown 
 into a general mass. The appropriations for the U. S. 
 Military Lands, the ' Connecticut Reserve,' and the ' Vir- 
 ginia Military Reservation' I consider as specific grants to 
 each ; and that these, with those above, are vested in the 
 legislature, in trust for the use of schools only. This trust 
 
132 Life of ^jjhraim Cutler. 
 
 the legislature will manage in its own way ; but tliey can 
 never apply the proceeds arising in one township to the 
 benefit of another any more than they can those arising 
 from the grant to the Connecticut Reserve to the benefit 
 of the Virginia Military Reservation. That they have 
 power to delegate their trust, and to vary the same, when- 
 ever it will not interfere with bona fide contracts predicated 
 upon their former acts, there is no doubt in my mind. 
 
 " The sections supplied to the ten townships by the Ohio 
 Company stand on very difl^erent ground ; they are the 
 private grant of the Ohio Company, the same as an indi- 
 vidual, pointing out the mode of their regulation, and 
 upon certain abuses authorizing the legislature, on appli- 
 cation, to take charge and provide for them by law. If 
 the legislature could now so far interfere as to preserve 
 the property it would be well. The question has been 
 asked me by the auditor whether these lands were not 
 subject to taxes ? Perhaps it would be well to examine 
 into this subject. 
 
 " It has been said again and again, that these public 
 lands were of no real value, that the time expended in 
 legislating upon them cost the state more than they were 
 worth. This is true in some sense, but the evil has not 
 arisen from the liberality of the grant, but from the abuse. 
 Is there any thing of a public nature but that has been 
 made handy change to purchase suffrages V That class of 
 citizens which has uniformly settled upon those lands, 
 possessing nothing, have had the effrontery to ask more 
 attention from the legislature than any other; those evils 
 must be attributed to the lowness and corruptness of the 
 public morals. Shall we now abandon these donations 
 because they have been perverted? This will not remun- 
 erate the state for the expense it has been at, neither will 
 it be fulfilling the trust deposited with us for posterity. 
 Were our school lands in the situation 'of the funds of 
 Connecticut or Kew York I would advise to convert them 
 into money, but situated as they are, it seems to me pru- 
 dent to use them for our present advantage, and secure to 
 posterity their use, with the enhanced value. 
 
Life of Ephraim Cutler, 133 
 
 "As to the education of our youth, I would suggest the 
 following plan generally : Make it the duty of the trustees 
 in each township to divide the same into convenient school 
 districts, having regard to the number of inhabitants in 
 each, making them as nearly equal as possible, among 
 which the funds arising from section 16 should be annu- 
 ally divided in equal parts, viz : where ther6 shall be four 
 districts in a township, each one shall have one-fourth 
 part of the funds for that year; provided, always, that 
 each district should procure to be taught in the same a 
 free school for three months, or a quarter each year, by 
 taxing themselves or raising the amount by subscription, 
 which, together with the dividend of funds, should be 
 equal to procure a teacher qualified to instruct in reading, 
 writing, and arithmetic; and provided the said teacher 
 shall have been approved of as a suitable and adequate 
 teacher of the branches aforesaid by the trustees of the 
 township. . . . The quahfications of the teachers may 
 be said to be low, but when we consider the state of soci- 
 ety, I think, however, we may desire to see our youth well 
 instructed in grammar, etc., yet this ought not to be re- 
 quired of a teacher to entitle a district in the participation 
 of the funds. That the rising generation shall be able to 
 read, write, and cast accounts generally will place them 
 upon a common level with their fellow citizens of the 
 United States, and that this will be the case, and the 
 happ3' result of the united eiforts of your present commis- 
 sion, is the ardent desire of your obedient humble servant, 
 
 "W. E. Putnam." 
 
 A series of articles on "taxation," signed "Publius," ap- 
 peared during the autumn of 1822 in the American Friend, 
 a newspaper published at Marietta, These were written 
 by Judge Cutler to call attention to the defects and in- 
 equalities of the existing system, and to expose the injus- 
 tice to which this section of the state had been subjected, 
 in being required to bear more than a due proportion of 
 the burden of taxation. 
 
 The year 1822 was one of those remarkable years, long 
 
134 Life of Ephraim Cutler. 
 
 remembered as the " sickly seasons," which, for a time, 
 desohited the region bordering upon the Ohio. He, with 
 his family, was prostrated with fever, and a beloved son 
 (Manasseh) was removed by death. As soon as his health 
 permitted, a journey across the mountains was made nec- 
 essary by the fact that a valuable drove of cattle had been 
 sent forward to the South Branch of Potomac ; and also a 
 large drove of hogs for the Baltimore market. He had 
 been re-elected to the house of representatives, but these 
 circumstances had delayed him, and it was late in Decem- 
 ber before he reached Columbus. 
 
 At this time Washington and Morgan counties were 
 united in representation. His right to a seat was con- 
 tested by Judge Sherebiah Clark, of Morgan. Judge 
 Clark submitted his documents and testimony to the com- 
 mittee of privileges and elections, who decided against 
 him. "As there was no evidence to prejudice his claim," 
 the committee recommended that the house adopt a reso- 
 lution "that Ephraim Cutler, Esq., is entitled to a seat in 
 this house," which was done. 
 
 He writes to Mrs, Cutler, December 30, 1822 : " I have 
 not written to you as soon as I ought, but if you knew the 
 anxiety, and saw the difficulties I have had to encounter 
 you would excuse me. 'Grit' has done and said all of 
 which nature made him capable, against me ; but, to his 
 mortification, I had the unanimous vote of the house that 
 I was entitled to my seat. I was immediately appointed 
 one of a committee to wait upon his excellency. Governor 
 Morrow, and have received more than a cordial welcome 
 from all my old acquaintances. 
 
 " I have this day offered a resolution which has for its 
 object to place our taxation system on a principle of ad 
 valorem, and have a fair prospect of carrying it through 
 both houses." 
 
 The resolution referred to in the foregoing letter is found 
 in the house journal, December 30, 1822 : 
 
 " Mr. Cutler moved the adoption of the following reso- 
 lution : 
 
 " Resolved, by the general assembly of the State of Ohio, 
 
Life of Ephraim Cutler. 135 
 
 that it is expedient to adopt an equitable system of tax- 
 ation. 
 
 "Resolved, that to attain this desirable object, the com- 
 mittee which shall be appointed for the purpose of making 
 a general revision of the laws be instructed to revise the 
 revenue laws now existing, and to report a bill to the next 
 general assembly which shall provide that houses and 
 lands shall be taxed according to their value; and that 
 commercial capital, or the profit arising therefrom, also 
 money at interest, shall be taxed in an equitable propor- 
 tion to other taxable property." This resolution passed 
 the house by a vote of yeas, 39 ; nays, 27. 
 
 January 17, 1823, he writes to Mrs. Cutler: "The reso- 
 lution I have introduced relating to an equal system of 
 taxation has been adopted by the house, and I believe it 
 will be by the senate. They give me the credit of being 
 the originator, from all parts of the state, and it is gaining 
 strength every day." As anticipated, the resolution sub- 
 sequently passed the senate. 
 
 January 24, 1823, he writes to William R. Putnam, Esq., 
 as follows : 
 
 " Dear Sir — Your valuable letter by Mr. Whittlesey was 
 received, and I most sincerely thank you for this instance 
 of friendship. I have taken the liberty to communicate 
 your ideas to the leading members of the committee on 
 schools. They, however, differ from us in opinion, as you 
 will see by the report which I shall transmit to you, re- 
 specting the power of the state to sell the land. 
 
 "Kentucky has followed our example, and their com- 
 missioners have made a very able report, accompanied 
 with documents that go to prove that the system of Mas- 
 sachusetts is the most simple, that of Connecticut the most 
 effectual. ISTew York's is copied from Connecticut; and 
 no state south of these has ever done any thing except 
 South Carolina. They recommended the adoption of the 
 Connecticu't system with some modifications. 
 
 " You will see the bill reported by the school commis- 
 sioners. It is the work of Caleb Atwater, as was also the 
 commissioners' report. The report of the school commit- 
 
136 Life of Ephraim Cutler. 
 
 tee was prepared by Mr. Piatt, of Cincinnati. It augurs 
 well to find so much ability deeply engaged in promoting 
 the interests of common schools. We may confidently 
 expect some good to result, eventually, therefrom. 
 
 " The legislature has passed a resolution which provides 
 that the governor shall appoint a committee of three to 
 revise the laws of a general nature. I have introduced a 
 resolution to instruct the committee of revision to revise 
 our revenue system, and to report a bill at the next ses- 
 sion, v/hich shall provide that houses and lands shall be 
 taxed according to their value ; that mercantile capital or 
 profit, and money at interest, shall be taxed in an equita- 
 ble proportion to other taxable property. This has passed 
 tlie house, and I have a strong hope that it will the 
 senate. • 
 
 "All business of a public nature is now crowded off for 
 that of the committee of revision ; there is much private 
 business yet to be acted upon, but the legislature will 
 probably adjourn next week." 
 
 The report of the seven school commissioners appointed 
 by the governor the year previous, and referred to in Mr. 
 Cutler's letter as the work of Caleb At water, was submit- 
 ted to the legislature early in the session by Allen Trimble, 
 speaker of the senate, and a joint committee was ap- 
 pointed to consider it and report thereon, of which com- 
 mittee Mr. Piatt, of Hamilton county, was chairman. The 
 report of this school committee was made by Mr. Piatt, 
 January 8, 1823. 
 
 At this time Ohio was without a school system, and any 
 attempt to establish common schools by law met not 
 merely with apathy, but with decided opposition. The 
 existing laws relating to the subject were local in their 
 application, and in their nature defective, inconsistent, 
 and altogether inadequate. The state was without a 
 school fund, although the general government had made 
 the liberal grant of one thirty-sixth of the land within the 
 state for school purposes. Some of these lands had been 
 disposed of on permanent leases, some had been squan- 
 dered, but four-fifths of the whole were still at the dis- 
 
Life of Ephraim Cutler. 137 
 
 posal of the legislature ; and in order to form a school 
 system, and secure its success, it was now proposed that 
 these lands should be sold and a permanent school fund 
 established similar to that of iSTew York or Connecticut, 
 each of wiiich states had then a fund amounting to about 
 $1,600,000, the interest of which was annually appropri- 
 ated to the support of schools, and it was anticipated that 
 the school lands of Ohio would eventually yield as large 
 an amount. 
 
 Mr. Piatt, in his long and interesting report, says: 
 " The plan of the school commissioners, exhibited in their 
 report, is believed to be the best adapted to Ohio, viz : 
 That the court of common pleas in each county appoint 
 five commissioners of common schools, wdiose duty it shall 
 be to lay oft the same in convenient school districts, ex- 
 amine the teachers employed, and if they are found duly 
 qualified and of good morals, to certify accordingly, which 
 certificate shall authorize the district trustees to employ 
 them, and not otherwise." The committee recommends 
 that there shall be a superintendent of common schools, 
 who shall have the management of the school fund, and 
 report annually to the legislature school statistics, and 
 suggest improvements of the system. After reviewing 
 the whole subject of schools and the school lands, the 
 committee also recommend the repeal of the laws author- 
 izing permanent leases, and advocate the sale of the 
 school lands aiid the forming of a permanent fund, the 
 profits of wdiich shall be devoted to the support of schools. 
 The report urges that " there is no time to spare ; most of 
 the adults in our state have received their education in 
 other states, but the rising generation are miserably desti- 
 tute of these benefits." Thus year after year the impor- 
 tance and necessity of a school system was urged upon the 
 attention of the legislature, and still they hesitated, and 
 did nothing. 
 
 Mr. Cutler was present in the house a little more than 
 one month during this session, which closed January 28, 
 1823. His vote is recorded in favor of a proposed amend- 
 ment to the Constitution of the United States, which was 
 
138 Life of Ephraim Cutler. 
 
 in these words : "No person shall be eligible to a seat in 
 either house of Congress, or capable of holding or enjoy- 
 ing any otRce of honor, profit, or trust under the govern- 
 ment of the United States, who, after the ratification of 
 this article as a part of the constitution, shall fight a 
 duel, or aid, or encourage others in so doing." This 
 passed the house by a vote of 53 to 13. 
 
Life of Ephraiyn Cutler. 139 
 
 CHAPTER VII. 
 
 Services in the Ohio Senate — 1823-1825. 
 
 In October, 1823, Judge Cutler was elected senator from 
 the district composed of the counties of Washington and 
 Athens ; and Mr. William Skinner representative of Wash- 
 ington county in the ensuing legislature. He writes from 
 Columbus, December 6, 1823, to Mrs. Cutler: 
 
 "I arrived here Saturday, without accident. Mr. Skin- 
 ner and I have taken boarding at Dr. Goodale's, where we 
 have an abundance of company, and a pleasant room by 
 ourselves. I can give you little news respecting public 
 business ; I believe, however, there will be an earnest at- 
 tempt to effect some salutary changes. I am, as yet, very 
 little acquainted with the new members, but think favor- 
 ably of them. 
 
 " I have presented a memorial from the Ohio University, 
 which is submitted to Cutler, Buckingham, and Jennings. 
 I hope we shall obtain something beneficial for the insti- 
 tution. I am on the standing committee for schools, and 
 believe we shall agree upon a useful report." 
 
 December 21, 1823. To Mrs. Cutler: " The legislature 
 has progressed well in the revision of the laws ; they are 
 now employed in revising the criminal law ; much debate 
 has ensued on the question of again resorting to the bar- 
 barous mode of whipping and the pillory ; in the senate 
 whipping is rejected, but the pillory is retained. 
 
 " So far as I am able to form a judgment, there is as 
 much talent, harmony, and industry as is usually assem- 
 bled in the legislature. I have my hands full. In addi- 
 tion to other duties, I am chairman of the committee to 
 whom the revenue system is referred, and am expected to 
 devise a new system. 
 
 " Of course I feel very sensibly the responsibility of my 
 
140 Life of Ephraim Cutler. 
 
 present situation. I must rely alone upon Him, who has 
 the hearts of men in Ilis hand, and who enlightens the 
 understanding, and strengthens the hands of those who, 
 with truly humble confidence, put their trust in Him. 
 
 " We have appointed Rev. James Hoge, of Columbus, 
 and William R. Putnam, Esq., of Marietta, trustees of the 
 Ohio University. I have a strong hope we shall accom- 
 plish something this winter for the university, for common 
 schools, and for the poor in lightening their taxes; but I 
 may be disappointed. My old friends here have received 
 me with renewed kindness. I, for the first time in the 
 senate, made a speech yesterday. I was frightened, and 
 made a poor out." 
 
 January 3, 1824. To Mrs. Cutler: "The Rev. Jacob 
 Lindley will be the bearer of this letter. He has been 
 here to meet with the committee of the Trustees of the 
 Ohio University, appointed to select a suitable person for 
 the office of president of that institution. We met day 
 before yesterday, and unanimously agreed to recommend 
 to the board the Rev. Dr. Wilson, of Chillicothe. I have 
 prepared a bill for the relief of the Ohio University, 
 which is opposed, and I do not know what its fate will be. 
 The school and taxation business is also a constant bur- 
 den. It is irksome to have the mind continually on the 
 stretch, or, I may say, on the rack; and painful to see 
 systems which have cost sleepless nights and laborious 
 days in the preparation mangled by short-sighted igno- 
 rance." 
 
 To Mrs. Cutler, January 15, 1824: " I was never in my 
 life placed in a situation so arduous and difficult as I have 
 been through this whole session. You well know my 
 feelings in regard to the Ohio University, and can also 
 understand what was expected of me. My mind and 
 time were very much taken up with this subject until it 
 passed the senate. I was put constantly on the defensive, 
 and had to parry, answer, and sometimes retort attacks, 
 which were very trying ; my success, however, in the sen- 
 ate was flattering; it was an appropriation of $3,000 by a 
 
Life of Ephraim Caller. 141 
 
 vote of twenty-three in favor, and only ten against it. I 
 very much fear its loss in the house. 
 
 " I am on the school committee and on the revenue 
 committee, two of the most important of the session ; of 
 the latter I am chairman, and it has devolved upon me to 
 prepare an entirely new system of revenue for the state. 
 I have reported one bill on this subject, and have another 
 nearly ready. I have labored at it incessantly, and have 
 not allowed myself more than four hours to sleep in the 
 twenty-four for three weeks past. My friends say I look 
 sick ; although I can not eat or sleep, my bodily health is 
 good. JSTot only my reputation, but the good of my coun- 
 tiy is at stake, and much depends upon how I am enabled 
 to discharge my duty. This, with the necessity of close 
 application in reading, and intense thinking, in order to 
 digest a subject so dithcult and interesting, which has for 
 years appalled the best talents of the state, has become a 
 burthen almost too much to bear. Mr. H. D. Ward is now 
 with us ; he assists me in copying my bills." 
 
 To Mrs. Cutler, January 17, 1824 : " I am much engaged 
 on the revenue laws, and hope to be able to report the 
 second bill this day, which will, I trust, give me some 
 small respite. You know when my mind is intensely en- 
 gaged, I can neither eat nor sleep. One cup of coffee in 
 the morning, one of tea at supper, with little else, and an 
 equally light dinner, has been the way I have lived for 
 several weeks. I regret that I undertook this immense 
 labor. I despair of ettecting the passage of these laws 
 this session, but some good may, hereafter, grow out of 
 bringing the subject fairly and fully before the public." 
 
 On the 19th of January he again writes to Mrs. Cutler : 
 " I am still occupied with the revenue system. It is a load 
 I am entirely insulticient to sustain. If I had more sensi- 
 bility I should undoubtedly sink under it. For one per- 
 son, alone, to attempt to change the whole revenue system 
 of a great and powerful state, almost without a hint from 
 another, and to have the temerity to think that his crude 
 and, perhaps, badly digested notions can be made to suc- 
 ceed, may well be considered by a sober, reflecting mind 
 
142 Life of Ephraim Cutler. 
 
 to border on madness. Your husband has undertaken this 
 unpromising thing, and that he feels the pressure of such 
 a ' mountain' you may well imagine. I am encouraged by 
 believing that the cause is one of the highest importance 
 to my country, and that from its success great benefits will 
 result, in relieving the poor from their burdens, by provid- 
 ing an equitable way to call forth the revenue of the state, 
 and thus provide for the support of schools and seminaries 
 of learning; and for making roads, canals, etc. These 
 reflections sustitin me, and I am certain that the system 
 will prevail. Yes, hereafter, some man of talents will 
 seize on the track tliat your husband has had the boldness 
 to point out, and will pursue it, and claim high applause 
 for his success." 
 
 Again, January 25, 1824: "I have reported three bills 
 relating to the revenue system, and am now preparing a 
 fourth. I do not know but they will all be negatived, but 
 I shall have done my duty, and a laborious duty it has 
 been, indeed. I have the satisfaction to see, and to know, 
 that my labors are approved by many, and of these a good 
 number are among the best in this legislative body. I 
 have this evening met with the school committee, who 
 have agreed to report a very long bill on the subject, pre- 
 pared by Mr. Piatt. This, and the revenue bills, must 
 consume much time, and we have our table covered with 
 a great number of others. We, however, are all very in- 
 dustrious ; I am every moment employed. I have taken 
 part in no debates but such as were of an interesting char- 
 acter to our own section of country. 
 
 "Mr. Skinner makes an excellent member; he agrees 
 with me in things of general interest, as yet, and in future 
 will, I think, continue to do so." 
 
 The last letter written to Mrs. Cutler during this session 
 is dated February 12, 1824 : 
 
 '■' I forget when I wrote last. I recollect I was over- 
 charged with cares and troubles at the time. These mat- 
 ters will be themes for discussion between us, if Providence 
 kindly permits me to return to my home once more. I 
 feel that but little of what I hoped will be realized this 
 
Life of Ephraim Cutler. 143 
 
 session. I have toiled by night and by day, and fear I 
 shall have to say in the end ' nothing is canght.' My dis- 
 appointment respecting the appropriation for the Ohio 
 University was great. I had my expectations raised, and 
 felt much regret at seeing them dashed to the ground, 
 principally for want of support from our part of the state 
 in the house of representatives. I am exceedingly anx- 
 ious to be at home, and hope that I shall be by the 28th 
 of this month." 
 
 Among the letters received this winter by Judge Cutler 
 worthy of preservation, which exhibit some of the defi- 
 ciencies of the tax system then in use, is one from David 
 Putnam, Esq., a gentleman of intelligence, and largely in- 
 terested in lands as an owner, and as agent for non-resi- 
 dent proprietors. It is here given : 
 
 " Marietta, IQth December, 1823. 
 
 " Dear Sir — I transmit to you a list of lands in Wash- 
 ington county, advertised by the auditor as delinquent for 
 taxes prior to the year 1820, on which judgments are to be 
 moved for at the next term of our court, which I believe 
 you will think, with me, is an extraordinary document. 
 My object in sending you this is with the hope that the 
 legislature will interfere and stop this proceeding before 
 it be too late; and before the state, the county, and indi- 
 viduals shall become involved in a labyrinth of useless 
 and vexatious costs and perplexities. By the proceeding, 
 the state will gain neither land nor money. The county 
 is a loser already. If individuals have not so much com- 
 mon sense as to keep their lingers out of the fire, the leg- 
 islature, as the common guardian, ought to protect them 
 against harm. A few suppositions will show the proceed- 
 ing to be a preposterous measure. 
 
 " Suppose the auditor should proceed (as by law he is 
 required] to obtain judgments on this list of cases, amount- 
 ing to 550, and then the court should tax the costs in the 
 several cases as the court in Highland county has done, 
 viz: $5.75 each — these costs will have accrued by law, ac- 
 cording to the judgment of the court. Somebody ought 
 
144 Life of- Mphrarm Cutler. 
 
 to pay them. Will the state pay them? Every man will 
 say, no. Shall the county pay them? We are not a party 
 to the suit, and therefore say, no. Shall the lands be made 
 to pay them? They will not be worth the taxes and costs. 
 Shall the auditor and clerk of court perform the duty 
 gratis? They will say they work for their bread, and that 
 a laborious office without pay will not fill their bellies. 
 Well, nobody will pay them ; they must therefore be ob- 
 tained from the land, or lost. 
 
 " Suppose, again, that judgments are obtained for amount 
 of taxes and costs; the auditor is to sell the land (if he 
 can) for the amount; but if no person will bid the whole 
 amount, the land is not to be sold, but ' shall be consid- 
 ered as forfeited to the state, and shall become the prop- 
 erty of the State of Ohio,' says the law. We, the people, 
 think not. When the English admiral at Newport threat- 
 ened to hang okl Commodore Wliipple at the yard-arm, 
 the commodore replied, ' Catch a man before you hang 
 him.' 
 
 " Suppose, again, that the taxes on three-fourths of these 
 lands have been paid (which, I presume, is the case), is the 
 real owner, who has the collector's receipts for the taxes 
 in his pocket, bound by any law of this state, or of com- 
 mon sense, to carry these receipts to court and show them 
 to the auditor in order to protect his land against an un- 
 lawful claim? 
 
 " Suppose Lydia Bliss, the widow in this list, to protect 
 her half acre and little cabin, should have the presumption 
 to meet the auditor in court and contest the claim of the 
 state to their fourteen cents tax, alleging she had paid it. 
 The law says the court may summon a jur}^ to try the 
 same. And suppose at the trial the widow should pro- 
 duce the collector's or the auditor of state's receipt for the 
 tax, would she be acquitted from any charge ? No ; the 
 law says that each member of the jury, on the rendition 
 of their verdict, shall receive the sum of fifty cents, to be 
 paid by the defendant. In this case the widow, guilty or 
 not guilty, she must pay six dollars. Y^ou remember the 
 
Life of Ephraim Cutler. 145 
 
 decision of our old friend, Justice Brough, who rendered 
 judgment for the costs against the witness in the case. 
 
 '' Suppose, again, that Lydia should not appear in court 
 and exhibit her receipts for the taxes; the auditor would 
 obtain judgment, and proceed to sell the widow's cottage 
 and premises ; and some person eager for a speculation 
 should bid off the whole half acre, and then brinff his 
 ejectment to oust the widow. Would she not, on the trial, 
 be permitted to show the collector's or state auditor's re- 
 ceipt for the tax, and thereby show that the proceedings 
 and sale by the auditor were void ah initio ? And to whom 
 would this sharp-sighted speculator resort to recover back 
 his money? The state would say, that we provided by 
 the fifth section that we would pay nothing. You bought 
 the widow ; you must take her, better or worse. By hook 
 and by crook we got our fourteen cents, which is all we 
 demanded. Caveat emptor, you may whistle for your specu- 
 lation. 
 
 " But to be a little more serious on this really serious mat- 
 ter. This whole law which goes to levy and collect an annual 
 tax from the beginning of the nineteenth century to the 
 3'ear 1819 — twenty years (for the legislature, by enacting 
 this law, hav« virtually abandoned all their rights by the 
 laws by which the tax was created), is a burlesque on leg- 
 islative enactments ; and if the proceedings are persevered 
 in will bring the state into contempt among her sisters. 
 
 " But what is the state to gain ? In this county, I will 
 venture to say, not one-quarter of the amount of the costs 
 that will arise can be made by the sale of the land. Who, 
 that has any regard to the title which can be acquired un- 
 der this law, would buy the land? If our state courts 
 should be so obsequious as to carry into effect a law con- 
 taining such novel principles as abrogate the universally 
 established principles of judicial proceedings, merely be- 
 cause the legislature has enacted it, thereby acknowledg- 
 ing themselves not a co-ordinate, but a subordinate branch 
 of the government, which I hope they will never do ; still 
 there will be left, especially to the non-resident proprietor, 
 10 
 
146 Life of Ephrahii Cutler. 
 
 recourse to the United States courts. And what lawyer 
 woukl hazard his reputation by advising an ejectment on 
 a title acquired by this law in those courts? 
 
 "And, as it respects this county, another thing ought to 
 be considered : the county, instead of acquiring any thing 
 by a portion of the state tax, will be brought in debt by 
 this system. From 1820 to 1823, the county receives, 
 nominally, 25 and 20 per cent of the state tax. I will 
 send you a document which the auditor gave me, from 
 which it appears that for the years 1820, '21, '22, and '23, 
 the county's proportion of the tax is $1,099,243. In the 
 same years the county will pay, merely on account of the 
 expense of the state tax, $1,129.09. The county's propor- 
 tion of the state tax is calculated after deducting the 
 defalcations on the state and road tax. The expenses 
 paid are" the auditor's services only, about the tax and 
 printing. 
 
 " I really wish this subject could be investigated ; I pre- 
 sume there are other counties in a similar predicament. 
 The people are put to a great and unnecessary expense 
 without any advantage arising from it. 
 
 " I believe if the state would abandon all the arrearages 
 of taxes, it would be a saving to the treasury and the peo- 
 ple. If the system is not abandoned you may try almost 
 any thing, you can not, without a good deal of ingenuity, 
 make it worse. 
 
 "At the printing office to-day, I found a number of ad- 
 vertisements of county auditors for sale of lands on judg- 
 ments obtained under this extraordinary law. I was 
 struck with the diversity of bills of costs taxed by the 
 courts in these land judgments. The costs, in each case, 
 were taxed as follows, namely : Eoss county, $1.51 ; Perry 
 county, $2.61 ; Scioto, $1.76 ; Champaign, $1.91 ; High- 
 land (properly named), $5.17. These are judgments of the 
 respective courts, irreeersible, for the law says there shall 
 be no appeal or writ of error. Will the legislature suffer 
 all these absurdities, contradictions, and, I may add, legal- 
 ized oppressions to pass before them without an investiga- 
 
Life of Ephraim Cutler. 147 
 
 tion, and without an attempt to correct tlie procedure? 
 Your obedient servant, D. Putnam." 
 
 The gross injustice and inequalities of the system of 
 taxation in Ohio, as Mr. Cutler found it when he began 
 his efforts for reformation, may be shown by a statement 
 which he compiled at the time from official records. The 
 United States law, passed during the war of 1812, was the 
 first and only application of the ad valorem principle of 
 taxation made in Ohio. The returns, made in 1815, of the 
 assessors appointed under that law, afford a fair estimate 
 of actual values as then existing in different parts of the 
 state. By these returns 
 
 Hamilton county was valued at $5,604,636 
 
 Butler " " " " 2,471,888 
 
 Warren " " " " 2,574,538 
 
 Making a total valuation for the three counties. .$10, 651, 062 
 
 By the same returns of the United States assessors : 
 
 Athens county was valued at $517,182 
 
 Gallia " " " " 533,320 
 
 Washington " " " 705,538 
 
 Making a total valuation for the three counties.. $1,756, 040 
 
 If the United States direct tax had been collected ac- 
 cording to valuation, the share of taxes for Hamilton, 
 Butler, and Warren would have been (at the rate of one 
 mill and 67-100 on a total valuation of $61,347,216) $17,- 
 915, and the proper share of Athens, Gallia, and Washing- 
 ton would have been $2,952. But the wealthy counties 
 had influence enouo;h in the legislature to have the state 
 pay the United States taxes by raising the amount in 
 loans, and collect it, subsequently, off" the counties under 
 the old system of first, second, and third rates of lands. 
 The result was that the rich counties of Hamilton, Butler, 
 and Warren actually paid only $5,735, while the poorer 
 counties of Athens, Gallia, and Washington paid $8,397 
 of the United States tax. 
 
148 Life of Ephraim Cutler. 
 
 The explanation for this gross inequality is shown by 
 the fact that in 1821 Hamilton county paid, under the rate 
 system, only $1,861 into the state treasury, while Wash- 
 ington county paid $2,166. One of the arguments urged 
 by Mr. Cutler for a better system was that the cities where 
 there was the largest concentration of population and 
 wealth required the protection of efficient laws to a greater 
 extent than sparsely settled farming communities. He 
 presented the following illustration : Hamilton county 
 drew out of the state treasury $4,087 for judicial, crim- 
 inal, and legislative expenses, and paid in $1,861 ; Huron 
 county drew out for the same expenses $662, and paid in 
 $2,490. 
 
 1^0 plan or system had been proposed, no efficient effort 
 made to correct these inequalities, until Mr. Cutler under- 
 took the task in behalf of his oppressed constituents. The 
 wealthy portions of the state were content to enjoy their 
 advantages ; they had the legislative power in their own 
 hands, hence the strong opposition he lirst met with. 
 Probably the principal motive that brought them to his 
 assistance is to be found in the support that his plan of 
 taxation would give to the credit of the state abroad: To 
 build canals they must have foreign capital. The ad val- 
 orem system of taxation, passed in 1825, after years of 
 arduous labor by its author, was the true basis of that 
 public credit which has given to Ohio her proud pre-emi- 
 nence ever since. 
 
 Mr. Nahum Ward'-^" writes to Mr. Cutler from Marietta, 
 January 6, 1824 : 
 
 *Nahum Ward, Esq., was born in Shrewsbury, Mass., October 23, 
 1785, and was a grand-son of Major-General Artemus Ward, of the Rev- 
 olutionary Army. Mr. Ward came to Ohio in 1<S09, and in 1811 settled 
 at Marietta. He soon became largely identified with the landed inter- 
 ests of south-eastern Ohio; about 1824, he owned 37,000 acres of land 
 in Washington and the adjacent counties, and during his life in Mari- 
 etta the title of more than 100,000 acres of land, in the Ohio Com- 
 pany's Purchase, was vested in him. He was an enterprising public- 
 spirited citizen, a man of refined, cultured taste, and dignified, courtly 
 manners. He died in Marietta April 6, 1860. (History Washington 
 County.) 
 
Life of EpJiraim. Cutler. 149 
 
 " I am extremely happy to see, by the papers of Colum- 
 bus, the many strong movements you are making for a 
 reformation in the affairs of the state. The revenue sys- 
 tem, as it now stands, is most unjust and oppressive on 
 this section of the country, and it is a fact that, unless some 
 measure for relief is, by the present legislature, adopted to 
 enable and compel every man to pay according to what he 
 possesses, I, for one, must abandon my lands to the state, 
 for I can not pay the enormous tax. I can state to you as 
 a fact (but this is wholly unnecessary with you), that 640 
 acres of land one mile from Cincinnati, on the bank of 
 the Ohio, in the narrows, that will sell for cash at $50 per 
 acre, pays no more tax than section 31, town 3, range 15, 
 of 640 acres, for which I would be glad to receive twenty 
 cents per acre, and make as good a title as can be made, 
 which shows at once that I pay as much tax on $128 as 
 my friend in Cincinnati pays on $32,000. I know that re- 
 dress may be had by appealing to the Supreme Court of 
 the United States, but that I can not do. 
 
 " I do believe most sincerely that the state taxes that 
 have been paid on at least one-half the lands of the Ohio 
 Company's Purchase for the last seven years would, at this 
 day, purchase the land from the owners. 
 
 "And then, again, we not only have to pay the regular 
 assessed tax, but are brought in for most grievous bills 
 from the county auditors for schedules and printing of 
 delinquent lands returned by the auditor of state, when, 
 upon examination of the books, it is found the collectors 
 have given receipts, and nothing is due. Even the great 
 Ralph Osburne himself has given receipts for taxes, and 
 then turned 'round and said to the public, ' I will sell this 
 land for taxes.' I iiave, in the county of Meigs, above 
 2,700 acres of land advertised in the papers for sale, on 
 which the taxes have been paid, and I have the collector's 
 certificates in my office. This land I transferred myself 
 in the auditor's office in Columbus, in 1818. Shall I be 
 compelled to travel down to Meigs, forty miles, and hunt 
 up the auditor of the county, and show him my receipts, 
 or let them go on and get judgment against my land and 
 
150 Life of Ephraim Cutler. 
 
 sell it? I shall write to the auditor of Meigs county, but 
 not go one inch to show my receipts. It is enough for me 
 to pay my taxes annually, without exhibiting my receipts 
 to serve a blunderhead at Columbus. 
 
 " I beg for God's sake, and yours and mine, together 
 with all honest men's, that you will bring about a new 
 system of revenue upon something of a rational footing. 
 If some redress is not had, I can not, and will not suffer 
 in this way. I will decline to pay taxes on poor lands 
 hereafter." 
 
 Again, Mr. Ward writes to the same on February 6, 
 1824 : 
 
 " I am much gratified in seeing, by the public prints, 
 that your new revenue system is about to be laid before 
 the people. I pray most earnestly and fervently, that it 
 may be accepted by the assembly, and prove satisfactory 
 to all classes of society, for the honor of the state, and the 
 g-entleman who dared to take such a burthen on his shoul- 
 ders. I am, as you know, deeply interested in the fate of 
 your bill." 
 
 The next session of the general assembly of Ohio began 
 at Columbus on Monday, December 6, 1824. It was the 
 last of which Judge Cutler was a member. He took his 
 seat December 7tli, and the next day was appointed chair- 
 man of a committee of three to examine the journals of 
 the last session, and report the unfinished business of the 
 senate, from which committee he reported December 11th : 
 
 "A bill to provide for the regulation and support of com- 
 mon schools." 
 
 "A bill to provide for the valuation of lands and real 
 estate." 
 
 "A bill to provide for listing and valuing personal estate 
 for taxation." 
 
 The last two of these bills were referred to " the joint 
 committee of finance," appointed to take into considera- 
 tion " so much of the governor's message as relates to the 
 finances of the state." 
 
 The senate journal does not giv^e the names of the four 
 members of the senate who were placed on this joint com- 
 
Life of Ephraim Cutler. 151 
 
 mittee, which was one of the most important of the ses- 
 sion. From letters written during the winter, it appears 
 that Mr. Cutler and Mr. Wheeler, of Ashtabula and 
 Geauga, were two of the number ; probably Mr. Bucking- 
 ham, of Muskingum, was a third, but the fourth is not 
 identified. Those on the part of the house were Messrs. 
 Worthington, Case, McCorkle, Blickensderfer, and Cor- 
 win. 
 
 In his message to the general assembly, Gov. Morrow 
 says: "The subjects which will claim the princi})al share 
 of your attention at the present session, undoubtedly, will 
 be the project of the contemplated canal from Lake Erie 
 to the Ohio River; and in connection with it the revenue 
 system and general fiscal concerns of the state." Of the 
 canal he says: "The advantages being unquestionable, 
 and the natural practicability of the work being satisfac- 
 torily ascertained, the subject thus far presents itself in a 
 favorable aspect to the legislature." But he adds, " how- 
 ever beneficial the improvement may be when completed, 
 and to whatever degree of certainty its practicability, with 
 the application of proper means, may be reduced; still, 
 unless a fund real and adequate to the object be provided, 
 it can not be carried into eft'ect." 
 
 On the resources of the state, lie makes the following 
 remarks and suggestions: "The surplus revenue, on the 
 most favorable estimate, is a fund in amount much below 
 what is required to effect the object in view. It would be 
 hazardous and improvident to engage in an enterprise, re- 
 quiring an expenditure of several millions, and a period 
 of years for its execution, with an insufficient provision 
 for funds. A ruinous failure in the undertaking might 
 ensue, after large expenditures had been incurred, and in 
 case of eventual success the burden of debt would be exceed- 
 ingly increased. To depend on loans for the discharge of 
 interest is a policy that no prudent government will resort 
 to. The prospect of a progressive accumulation of debt, 
 and the effect of a profuse policy to sink the public credit, 
 will deter the most adventurous from the attempt. It 
 would appear, then, from any calculation of the amount 
 
152 Life of Lphraim Cutler. 
 
 of anticipated expenditure, a view to the state of the treas- 
 ury, and to the approved principles of fiscal policy that 
 ought to be pursued, that provision to replenish the treas- 
 ury is indispensable ; and it rests with the legislature alone 
 to authorize a grant for the necessary supplies. 
 
 "No question is entertained of the capacity of the state, 
 with suitable exertion, to furnish the adequate means, and 
 that without the imposition of burthens oppressive to the 
 people. It is believed that an annual tax much less than 
 what was paid by the people of this state, in direct tax 
 alone, for the support of the last war, would be sufficient, 
 and which, to the honor of their patriotism, was paid 
 without a murmur. It is admitted the call was more im- 
 perative and the means more abundant than at present. 
 National rights essential to its independence were to be 
 defended, and the means for contribution were furnished 
 by the expenditure of the war. But in the present in- 
 stance, too, there are interests of high merit involved. 
 Interests which, altliough of the peaceful kind, warrant a 
 call for contribution, on the part of the people, to carry 
 into effect the object. 
 
 "The means of supply to constitute a fund for the dis- 
 charge of interest on the necessary loans will be, retrench- 
 ment in the ordinary expenditure, increase of the present 
 taxes, and a resort to new objects of taxation. The pro- 
 ducts to the fund from the savings by retrenchment can 
 not be much calculated on. Without injury to the public 
 service, they will be too inconsiderable to produce much 
 effect. The principal reliance must be placed on an in- 
 crease of the revenue. It is therefore respectfully sub- 
 mitted, the propriety of providing for an increase of the 
 tax on the several rates of land, at least to the same 
 amount that was charged immediately prior to the last 
 session of the general assembly, and that the whole pro- 
 ducts of the land tax be made payable to the state treasury 
 for state purposes. 
 
 " That a tax be imposed as follows : On judicial process 
 in civil cases ; on capital employed in trade ; on pleasure 
 and travel carriages; on brass and other clocks ; and on 
 
Life of Ephraim Cutler. ISS^ 
 
 gold and silver watches ; and that the product on such 
 taxes, in whole or in part, shall be made payable to the 
 county treasury of the respective counties wherein the tax 
 is levied. That all moneys which have accrued and are 
 unexpended, and moneys that may accrue to the three per 
 cent fund, for roads (be, with the consent of Congress),, 
 appropriated exclusively in aid of a canal fund; and that 
 the sections of land, unsold, in the reservation, at the 
 Scioto Salt Works, be (with the consent of Congress) dis- 
 posed of in fee simple, and the proceeds of sale appropri- 
 ated to the same fund. 
 
 "From this proposed increase of the revenue it is pre- 
 sumed that, after the charge of the ordinary expenses of 
 government, funds will remain to discharge the interest 
 on such loans as will be required for the construction of 
 such section of the canal as would in itself be used, and 
 the products arising thence, be brought in aid of the 
 fund." 
 
 The governor, in his message, also recommends " that 
 provision be made for the encouragement of learning, and,, 
 in particular, for the regulation and support of common 
 schools." 
 
 These extracts indicate the subjects which principally oc- 
 cupied the attention of the legislature during the winter 
 of 1824-5. Mr. Cutler writes, soon after his arrival at 
 Columbus, to Mrs. Cutler: "I am located again at Dr. 
 Goodale's. I iind many new faces ; there are onlv ten old 
 members in the house. I expect a laborious and arduous 
 winter, but the legislature manifest a disposition to have 
 a short session. The canal, and a system of revenue, are 
 the absorbing subjects ; their fate is intimately connected, 
 and will probably be considered inseparable. I am cer- 
 tain we can obtain some relief from the burden of taxa- 
 tion, and shall endeavor to make the sum considerable for 
 my constituents." 
 
 December 17, 1824, he writes: "I had the satisfaction,, 
 last evening, to find the committee of finance, of which I 
 am a member, agree to the substance of my propositions 
 for changing the whole revenue system, and adopting an 
 
154 Life of Ephrai)n Cutler. 
 
 equal one of taxing people according to their property, 
 and have a strong hope it will become a law when it is 
 matured. In the senate, I have reason to believe, the ma- 
 jority in its favor will be respectable. 
 
 " The canal engages much attention. The commission- 
 ers have not reported, but have determined to come down 
 the Muskingum nearly to Zanesville ; then across to the 
 Scioto, and down that river to its mouth. There will also 
 be a canal constructed from Davton to Cincinnati. Few 
 other subjects of a general nature will be acted upon this 
 session, and I hope it will be very short. The members 
 who board at Dr. Goodale's are Dr. Cotton, Judge Norton, 
 Mr. Coleman, and Mr. Hubbard, all of whom I like. They 
 are all Yankees, and we agree on general subjects, which 
 has been very imY)ortant in assisting to bring the advocates 
 of the canal to the ad valorem system." 
 
 December 28, 1824. To Mrs. Cutler : " I am gratified 
 with the belief that the favorite wish of my heart, the 
 plan for an equal system of taxation, will prevail this ses- 
 sion. Mr. Buckingham, with whom I had some sparring 
 last winter, boards here ; he has treated me with great 
 attention, and has come over, and is now a zealous sup- 
 porter of all my views. He has become a warm advocate 
 of the new revenue system, and has taken a very forward 
 part in its support, and feels as though he deserves great 
 credit, which I have freely accorded to him. The new 
 members of the senate are also friendly to my views ; of 
 these, Mr. Guilford, who is a fine man, is a most efiicient 
 supporter of the ad valorem and school systems. 
 
 " I have just attended a meeting of our committee of 
 finance, and am pleased to find in all harmonious and zeal- 
 ous co-operation. Mr. Case and Mr. Wheeler are the sub- 
 committee to report the several bills for our tax system. 
 We have been most industriously employed for some time, 
 and shall soon have them read}^ to act upon. I have made 
 one speecti in favor of the old revolutionary soldiers, on 
 the proposition to exempt certain property belonging to 
 them from execution, and themselves from imprisonment 
 for debt. I, this evening, received a letter from Mr. Vin- 
 
Life of Ephraim. Cutler. 155 
 
 ton, in which he urges me to persevere in my plan of tax- 
 ation, wliich gives me some pleasure." 
 
 The speech in favor of the soldiers of the Revolution 
 was reported in the newspapers at the time : 
 
 " Mr. Cutler said he had intended to give a silent vote 
 on this question. He had not anticipated that any want 
 of gratitude, or any vanity of speech-making, could pos- 
 sibly interfere with the just indulgence proposed to be 
 granted to the warriors of the Revolution. But he per- 
 ceived he was mistaken in his conjectures, and he now 
 begged for himself the indulgence of the senate while he 
 spoke a few words on the subject. 
 
 " He was not at all surprised that those who had been 
 nursed in the bosom of despotism, and after their weaning 
 liad joined with us in a better kind of government, should 
 exhibit a predilection to the pap they had sucked. In 
 order to divest a man of such relics of improper education, 
 it was necessary that he should accompany a Washington 
 or a Bolivar in the rescue of a nation from slavery. But 
 in the name of the God of mercy, the great origin of in- 
 telligence, he would ask if it were possible that any man 
 born in the United States of America since the mental 
 murder of James Otis by the cut-throats of Great Britain 
 — since the bursting forth of the sacred determination to 
 freedom — could hold a hard hand over the actors in that 
 perilous emancipation of our country. He was fearful he 
 might speak too warmly ; but considerations of the holiest 
 character that could be connected with the achievement 
 of a free government constantly impelled him to warmth 
 of expression, whenever the grateful remembrance of the 
 services of the soldiers, and kindness toward the procurers 
 of our liberty, are called in question. 
 
 " He begged the gentlemen to notice the progress of 
 LaFayette through our country; they would see in it an 
 indisputable exhibition of American feeling on this subject. 
 That man, he said, had commenced his career in boyhood 
 under the arm of Washington, and following the princi- 
 ples of his illustrious preceptor through a long life, now 
 
156 Life of Ej)hraim Cutler. 
 
 comes back to the tomb at Mount Vernon — to the urn 
 which holds the ashes of his friend and father in the dis- 
 Bemination of the principles of liberty — with the blessed 
 intelligence that the hope of man, through our example, 
 is looking for better days ; that our example has shaken 
 with terror the throne of every despot of tiie civilized 
 world. But at the same time he shows that in the dread- 
 ful contention he has been subjected to the same bruises 
 of fortune which this bill is intended, measurably, to heal 
 in the withered bodies of his early companions. Can any 
 one hesitate ? Can the just interference be suffered to die 
 upon your table? 
 
 " He scorned to go into detail on such a subject — a sub- 
 ject wherein the suggestion of a doubt amounts to treason 
 toward every principle of patriotism extant in the world. 
 He scorned to examine arguments in opposition to this 
 bill, although he knew it had been said that, where this 
 bill would relieve an hundred necessitous soldiers of the 
 Revolution, there was a danger that it might give a need- 
 less privilege to one in affluent circumstances. Do gentle- 
 men, indeed, wish that we should follow our retreating 
 soldiers through New Jersev, in that darkest and most 
 forlorn winter of the war, and scientitically gauge the 
 puddles of blood shed from their shoeless feet; and then, 
 by the butcher's rules, reckon up the compensation 
 due? 
 
 " It should be recollected in what station we stand 
 among the inhabitants of the earth — how broad an angle 
 we occupy in the gaze of mankind. Every liberal heart 
 is pouring out its applause and its hopes upon us. Let us- 
 not deceive the world's expectation. Let us avoid the 
 stinginess of the Jew, as well as the unsteadiness of the 
 Gentile. Let us lay down with irremovable fastness the 
 maxim, which Greece never had, and Rome soon lost, that 
 the soldier of tVeedom shall never, from want of national 
 gratitude, be compelled in old age to become a beggar. 
 Let us fix this principle as a platform for patriotism to 
 arm itself upon." 
 
Life of Ephraim Cutler, 157 
 
 The letter of the Hon. Samuel F. Vinton,* to which Mr. 
 Cutler refers in his letter of Decemher 28th, is dated 
 "Washington, Decemher 21, 1824," and is as follows : 
 
 " We yesterday received Gov. Morrow's message, as 
 well as the account of the organization of the legislature. 
 This document is thouglit pretty well of here, inasmuch 
 as it seems to present in its true character the canal ques- 
 tion, which is one of deep interest to the state. Upon the 
 all-important matter of means, he takes strong ground in 
 recommending tax upon tax. If tlie people are prepared 
 to be taxed, then I have no doubt of the resources of the 
 state ; if they will not endure the necessary taxation, 
 then the disastrous consequences pointed out by the gov- 
 ernor would seem to be the necessary result. We ought 
 to ofier up our most unceasing prayers that your plan for 
 the equalization of taxes may be at the same time adopted. 
 Without it, inevitable ruin would await the sparse peopled 
 and sterile parts of the state. In fact, those parts of the 
 state will be virtually ruined under the present system of 
 taxation in defraying the ordinary expenses of govern- 
 ment. 
 
 "Ingenuity, in my opinion, could not devise a system 
 more unequal, unjust, and oppressive. I am decidedly in 
 favor of improving the inland navigation of the state by 
 canals, if possible; but I hope you will perseveringly 
 press upon the legislature your plan of taxation in con- 
 junction with it. 
 
 "The bill for the sale of the Salt Reservations passed 
 
 *Hon. Samuel Finley Vmton. b'lm at South Hadley, Mass., Sep- 
 tember 25, 1792; graduated at Williams Colle>:e in 1814; studied law, 
 and was admitted to the bar in 1816, when he removed to Ohio, set- 
 tled at Gallipolis, and practiced hi- profession witli eminent success. 
 He was elected a repiesentative in Congress in 18-3, and served four- 
 teen years, when he declined a re-election. In 1843 he again became 
 a member of Congress and was continued eight years in succession, 
 when, of his own ctioice, he retired to private lile During the twenty- 
 two years of his public service, h^• was chairman of some of the most 
 important committees, and was distinguished lor ability and integrity. 
 In politics he was a Whig. He died at Washington City in May, 1862. 
 (Lanman.) 
 
158 Life of Ejphraim Cutler. 
 
 our house the other day, and has gone into the senate, 
 where it has been reported by the committee on public 
 lands, without amendment. The chairman of that com- 
 mittee assured me he would expedite its passage. The 
 bill is drawn in strict conformity to the memorial of Ohio, 
 permitting the sale only upon condition of investing the 
 proceeds for the support of literature. I do not know 
 what effect the recommendation of Governor Morrow may 
 have upon its further progress here, or upon the Ohio Leg- 
 islature. But I shall do all in my power to get it passed 
 into a law and transmitted to Columbus in time for you to 
 act upon it this session. I hope you will make an effort 
 to get the proceeds appropriated to the universities, in 
 which I know you will take as good care as possible of 
 the one at Athens." 
 
 Some extracts from letters written by gentlenlen in Ma- 
 rietta will now be given, relating to subjects claiming the 
 attention of the legislature during the winter of 1824 and 
 1825. 
 
 Under date of December 29, 1824, Mr. I^ahum Ward 
 writes : 
 
 " I avail myself of the moment to write you on various 
 subjects that will come before the legislature at its present 
 session, some of which I feel very sensibly must affect our 
 citizens in the Ohio Company's Purchase, and, your hum- 
 ble servant in a very particular manner. The first I shall 
 name is, the whole scope and tenor of the governor's mes- 
 sage upon the subject of the revenue. Can it be possible 
 that the governor is of opinion that we will sit down 
 calmly and coolly under taxes up to the war prices upon 
 our lands for canal purposes? That the road tax, which 
 is of no earthly use the way it is now managed, the three 
 per cent fund, and the twenty per cent for county purposes 
 shall all, all be swallowed up in this canal about to be 
 built? If he thinks so he is mistaken, as I am sure the 
 people will not suffer it. As one of the citizens of the 
 state, I will not pay the unjust taxes longer, even as they 
 have been levied upon lands. I can not, for in truth I 
 can not sell of the best lands I own enough, annually, to 
 
Life of Eph^aim Cutler. 159 
 
 pay the unrighteous tax upon the poor lands. We must 
 have a system different from the past, in which every man 
 can pay according to what he possesses, or I am ruined, 
 and that forever! Then, do tell me what we, as counties, 
 are to do to pay our expenses ? And what right has the 
 legislature to take from the roads the three per cent fund ? 
 It can not be, and thanks to the powers that placed it in 
 that situation, that men who are canal-mad can not 
 touch it. 
 
 " I can not think the legislature will swallow one-tenth, 
 part of the governor's message ; but if they do, the state 
 is bankrupt for all the days you and I may have to live in 
 it. I do not know your ideas upon many of these things 
 named, but have the utmost coniidence m you, that you 
 will raise your voice against taxing our part of the state 
 for the purpose of making a canal that will never pay 
 three per cent, and will be of no service to the counties on 
 the Ohio. It does not follow, of course, because the great 
 State of New York has succeeded in her plans that we 
 shall. Some ten or fifteen years hence will be- fully in 
 time for us to go into this grand waste of money. But if 
 we must go into it, right or wrong, do for heaven's sake 
 arrange a system by which we may pay an ad valorein tax. 
 "Why, I would ask, shall the land-owner pay for the trans- 
 portation of the rich merchant's produce ? Was such a 
 system ever heard of in any petty tyrannical power in the 
 world, as the one recommended by our wise Governor 
 Morrow ? 
 
 " I am thankful you are in the senate of our state, as 
 one of the guardians of the rights and interests of the 
 people, you will do that which is for the best, and at least 
 raise your voice against this ruinous system." 
 
 The Hon. Levi Barber,* in a letter of December 31,, 
 
 *Col. Levi Baiber, born in Connecticut, October 16, 1777, came to 
 Ohio ill 1799, and was appointed a surveyor. Was aid to Gov. R. J. 
 Meigs in the war of 1812; was also clerk of the Court of Common Pleas 
 for Washington county, and of tiie Supreme Court; and receiver of 
 public moneys at the U. S. land office at Marietta, Ohio. Member of 
 Congress, 1819-20, and 1S22-2;1 He was many years a merchant and 
 postmaster in Harmar. Me died April 23, 1833. 
 
160 Life of Ephraim Cutler. 
 
 1824, writes : " I have felt much opposed to the state's 
 ■embarrassing itself, or its finances, with the canal project, 
 and indignant at the governor's message recommending 
 an increased tax on first, second, and third rate land to 
 raise the revenue ; hut if it can eflect an ad valorem sys- 
 tem of taxation I will he silent. I would, however, much 
 prefer the granting a liberal charter, and let the state have 
 nothing more to do with it. 
 
 "Altho' our population is numerous, as to available 
 funds we are poor. If we raise children fast, it yet re- 
 quires all the exertions of the family in removing the for- 
 est, to provide hog and hominy to feed them. It would 
 seem to me time enough to call on them for extraordinary 
 supplies when we shall see them removed from their cabins 
 to comfortable dwellings, and a degree of comfort visible 
 about them." 
 
 William R. Putnam, Esq., writes from Marietta, Decem- 
 ber 31, 1824 : 
 
 " Your esteemed letter of the 24th instant came to hand 
 l)y the last mail ; I was truly gratified in receiving this 
 token of your attention. Very momentous subjects ap- 
 pear to claim the attention of the present legislature ; the 
 contemplated canal appears to occupy the foreground ; the 
 ad valorem system of taxation is nearly, if not equally, as 
 important ; and not inferior to either, is the education of 
 our youth, or the general school system, as it is called. It 
 has been here reported that in all probability the canal, if 
 ever constructed, would proceed over the summit level so 
 as to fall into the waters of the Muskingum, down that 
 river to Tomaha, thence by the waters of Licking into the 
 Scioto valley, and down the same to the Ohio. This route 
 to be sure would be very well for our part of the country ; 
 the river Muskingum might, and will, doubtless in that 
 case, be improved in its navigation, either by clearing the 
 channel, or by dams and locks, so as to connect the canal 
 with the Ohio at this place. Thus from the heart of the 
 state, the Ohio might be approached either way, and 
 should the Chesapeake and Ohio Canal ever be completed, 
 it would place us in the great thoroughfare. But all this 
 
Life of Ephraim Cutler. 161 
 
 is of minor consideration ; should the Ohio he connected 
 with Lake Erie by any route the great object will be ob- 
 tained ; ]^ew York will present to us a better market for 
 certain articles of our produce than we ought ever to ex- 
 pect from New Orleans. 
 
 " To effect this junction of the lake and the river, funds, 
 immense funds, are wanting ; and men to direct, possess- 
 ing public confidence, as well as genius and energy — we 
 want a Clinton, or men of like spirit. Funds, in all like- 
 lihood, can be obtained, if the revenue of the state should 
 be put upon a footing so as to secure the payment of the 
 interest on the loans. In order to do this, something more 
 than a little more tax on first, second, and third rate land, 
 and a few old clocks and watches, must be done. Yes, 
 sir ; the real wealth of the state, wherever found, and of 
 whatever it may consist, must come into the requisition. 
 Your revenue system must, therefore, be on a hberal and 
 extensive scale, showing to the public that we are engaged, 
 heart and hand, in this important object; our success in 
 loans depends on this, more than perhaps we are aware ; 
 such a system would be just, and therefore we might ex- 
 pect success. 
 
 "• If the canal interest should produce a just system of 
 taxation it will be of great moment, and altho' some one, 
 seeing the necessity of it to help forward the canal, should 
 step forth in its behalf, and even attempt to bear away the 
 palm, it will not be forgotten that you, sir, long since pro- 
 posed the measure, and journals will testify in your favor, 
 when you and I shall sleep with our fathers. 
 
 "The subject of schools I think very important, but 
 there is a time for all things — the time seems not yet to 
 have come. After the revenue system shall have become 
 settled and in operation, it will not be difficult to add a 
 per cent for public schools, at least it can be much better 
 done then than at this time." 
 
 But to return to Mr. Cutler's own letters. He writes to 
 Mrs. Cutler, January 1, 1825 : 
 
 "I have just got through with another most animated 
 11 
 
162 Life of Ejphraim Cutler. 
 
 struggle in the senate, relating to the act incorporating 
 Marietta. I had to contend three days ; the first two 
 alone, and single handed, against Buckingham, Kirker, 
 Avery, Simpson, and Ileaton. I was worn down with 
 fatigue and vexation, but happily restrained my temper. 
 The result is very grateful to my feelings; the bill has 
 passed the senate, ayes 22, nays 13, and without the least 
 alteration. 
 
 "I have had a very laborious time thus far, and expect 
 little cessation until the important business of the session 
 is brought to a close. I have, however, much to encour- 
 age me that my labors will not be in vain ; I have strong 
 hope that the ad valorem system will be adopted. The 
 committee of finance have prepared and unanimously 
 agreed to seven bills, for the purpose of taking a valua- 
 tion, assessing, collecting, and paying over all taxes in one 
 aniform system, to answer all cases. These would, this 
 day, have been reported to the senate, had not our chair- 
 man been dilatory in preparing his report. They will, 
 probably, be reported to one or the other branch of the 
 legislature on Monday next. 
 
 "The canal commissioners have not yet reported. We 
 are anxiously waiting for them to do so, A committee for 
 preparing the necessary measures has been lately appointed, 
 and have commenced their labors. 
 
 "Dr. Cotton* makes a useful member of the house, and 
 is much respected. We most cordially unite on all ques- 
 tions of public interest." 
 
 Letters written at the time show that a strong interest 
 
 * Dr. John Cotton was t)orn in Plymouth, Mass., September, 1792. 
 He was the son of Rev. Josiah Cotton, and descendant of the I^ev. 
 John Cotton, one of the eailj' ministers of Boston. He graduated at 
 Harvard University in 1810, and came to Marietta in 1815, where he 
 soon became known as a successful practitioner of physic and a skill- 
 ful surgeon. He was a scholirly, Cl)ristian gentleman, a proficient in 
 classical and scientific studies, delighting especially in astronomy. In 
 1824 he was chosen to represent Washington county in the Ohio Leg- 
 islature, and in 1825 was made an associate judge of the court of com- 
 mon pleas, which office he filled until his death, April 2, 1847. (See 
 "Early Physicians of Marietta.") 
 
Life of Ephraim Cutler. 163 
 
 was felt in Marietta respecting the act incorporating the 
 town, passed at this session. For some unexplained rea- 
 son it met with decided opposition in certain quarters. A 
 scrap found among Mr. Cutler's papers contains notes of 
 his remarks during the discussion of the act, from which 
 the following extract is made. 
 
 Mr. Cutler remarked, "that he was confident that this 
 bill would have passed without any unreasonable objec- 
 tions, had it not met with them from a quarter whence 
 they were least to be expected. Scores of towns in other 
 parts of the state have had their grants as unlimited as 
 these will be if the act passes without amendment. Why 
 should Marietta be made the first example, and her citi- 
 zens be disappointed in their views relating, entirely, to 
 regulating the internal concerns of their own town? Let 
 us inquire into this matter. Are not her claims equal with 
 those of other towns ? The settlement of Marietta com- 
 menced in 1788, and is the most ancient in this great and 
 flourishing state. One of her advanced posts sustained 
 the first shock of the Indian War — a war of extermina- 
 tion ; in which two gallant armies were destroyed. Her 
 people sustained and defended themselves through that 
 terrible conflict, although they were one hundred miles 
 advanced from all protection or aid. And they were 
 among the first to bear the burdens of civil government 
 in this region, and have paid an unequal tax to support 
 that government without a murmur other than has fallen 
 from the lips of their unworthy representative. 
 
 " The people of Marietta consider themselves as stand- 
 ing on dift'erent and superior ground from other corpora- 
 tions in the state. They received their act of incorporation 
 from the territorial government, which was confirmed to 
 them by the constitution — the charter under which gen- 
 tlemen, here, hold their seats. The Supreme Court, the 
 highest legal autViority in the state, has determined that 
 this charter can not be infringed. Their rights are se- 
 cured beyond the reach of the proud presumption of ' a 
 little brief authority ;' but they now come forward and are 
 willing to surrender these rights, and place themselves on 
 
164 Life of Ephraiyn Cutler. 
 
 a level with the most insignificant village to which you 
 have heretofore granted acts of incorporation. 
 
 " Grants to corporations for purposes of mere civil polity 
 are made for the better regulation of communities, to en- 
 able them to govern and be governed in a manner to 
 secure the peace and happiness of society in a crowded 
 population. This bill provides for little more than the 
 correct government of the police of the town. Towns 
 and cities, ' the sores of communities,' as Mr. Jefferson 
 terms them, require a more vigilant and efficient govern- 
 ment than agricultural districts with sparse population. 
 These incorporations, therefore, are merely a part of the 
 political regulation adopted for the better administration 
 of government, and have nothing attached to them of the 
 borough privileges of Great Britain, between which and 
 our incorporations there is no analogy. I must vote 
 against receiving this act on the conditions proposed — 
 Marietta does not deserve to be thus treated, and I feel it 
 my duty to reject wMth disdain terms which you have 
 not presumed to impose on the sorriest village in the 
 state." 
 
 Mr. Cutler to Mrs. Cutler : " Columbus, January 16, 
 1825. I have been deeply engaged, and worn down with 
 the fatigue of business during some weeks. Two days 
 before receiving your letter, I began to reap, with joy and 
 gratitude, the satisfaction of seeing ray long continued 
 efforts result in the adoption of our tax system by a ma- 
 jority in the house of representatives I had never expected 
 to see — sixty in favor, to nine against it. The bill will be 
 acted upon by the senate to-morrow, and we have no ap- 
 prehension of its failure. The canal bill will follow on ; I 
 have had the address to keep the tax law in the lead. I 
 hope two weeks will close the labors of, perhaps, the most 
 important session ever held in Ohio. The unanimity which 
 has prevailed has never had, I believe, its parallel in our 
 legislature. I have obtained two useful measures for the 
 Athens county people — the repeal of the obnoxious part 
 of the mill-dam law, and the toll bridge for Silas Bingham 
 and associates." 
 
Life of Ephraim Cutler. 165 
 
 Mr. ITalium "Ward writes from Marietta, January 12, 
 1825 : " We are greatly indebted to you for your services 
 in the senate, and all acknowledge it." 
 
 Judge Osborn, of Scioto county, writes : 
 
 " Portsmouth, January 18, 1825. 
 '* To Hon. Ephraim Cutler: 
 
 ^'Dear Sir — Hearing that the child of your labor is no 
 longer struggling for birth, and that the house of repre- 
 sentatives have taken away from it the complaint of a 
 king 'there is no strength to bring it forth;' and that in 
 this livino: attitude it has been introduced into the senate 
 chamber, permit me to congratulate you on the attain- 
 ment of an object upon which you have spent so much 
 time and labor. But, my dear sir, pray treat this oftspring 
 of your attention with delicacy, that it be not smothered 
 before it makes its appearance in our state as one of the 
 laws of Ohio, entitled an act for the equalization of taxes 
 — perhaps I have not given the right name, but by what- 
 ever name it makes its appearance — it will meet the ap- 
 probation of every judicious person. . . . The wisdom 
 of government is seen when its laws so operate, that each 
 person contributes an equal proportion toward its support, 
 having a due regard to his taxable property, and the local 
 situation which may increase or diminish" its value ; and 
 such I understand is the outline of this law. ... I 
 am, with respect, etc., Ezra Osborn." 
 
 Caleb Atwater, Esq., author of a History of Ohio, and 
 an early friend of the school system, writes from Circle- 
 ville, January 22, 1825, as follows : 
 
 *' To Hon. Judge Cutler, of the Senate : 
 
 ^'■Dear Sir — You are doing nobly; press forward with 
 your equal taxation, the school system, and the canals, and 
 immortahze this legislature. What must be your sensa- 
 tions on the prospect you now have of carrying into effect 
 the three greatest objects ever presented to our legisla- 
 
166 Life of Ephraim Cutler. 
 
 ture ! Press forward, I say, in your career of doing good. 
 Posterity will call you blessed. . . . Yours, with grati- 
 tude, Caleb Atwater." 
 
 Mr. Cutler was chairman of the committee to whom 
 was referred the "bill for the appointment of public 
 printer, and defining his duties." The following letter 
 relates, in part, to this subject : 
 
 " Putnam, January 19, 1825. 
 
 ^^ Esteemed Friend — I understand that the Ohio Legisla- 
 ture are about to appoint a state printer, and I beg leave 
 to recommend to your consideration Mr. Horatio J. Cox, 
 as a suitable person for that appointment. I have long 
 witnessed the neatness, accuracy, and dispatch with which 
 his work is characterized; and should he be appointed, I 
 have no doubt but he would perfectly satisfy his employ- 
 ers, I am not acquainted with a printer in the state 
 whom I should prefer to him. 
 
 " I am much rejoiced to find your system of taxation is 
 likely to be adopted, and that there is a prospect the canal 
 scheme will succeed. I think the present legislature will 
 deserve immortal honors for the liberal course they are 
 pursuing. 
 
 " You have seen the law of the U. S. giving the Ohio 
 Legislature leave to sell the Salt Peservation for the bene- 
 fit of literary institutions. I hope Athens, or, rather, the 
 Ohio University, will come into consideration, and get a 
 part of the proceeds. Wishing you every success, I sub- 
 scribe myself, your friend and humble servant, 
 
 "Edwin Putnam." 
 
 January 23, 1825, Mr. Cutler writes to Mrs. Cutler: 
 "As to the business I wished to have transacted, so far, 
 it appears prosperous, for which I ought most devoutly to 
 thank the Giver of all good, who protects and helps those 
 who put their trust in Him, and turns the hearts of men 
 as the waters are turned. I have little doubt the revenue 
 law will be made to my mind, and also a free school sys- 
 
Life of Ephraim Cutler. 167 
 
 tem. The canal bill will, of course, pass, which is also 
 important. If these three measures are passed and fully 
 adopted, this legislature will be, or ought to be, remem- 
 bered while Ohio is a state. liev. David Young, Dudley 
 "Woodbridge, and Calvary Morris are appointed Trustees 
 of the Ohio University, in place of Rev. Stephen Lindley, 
 removed to Kentucky. General Putnam, and Judge Mil- 
 ler, deceased." 
 
 By reference to the senate journal, it appears that on 
 January 25th the " act establishing an equitable mode of 
 levying the taxes of this state " passed the senate by a vote 
 of twenty-six for to eight against it. 
 
 On the 29tli of January, Mr. Cutler moved in the senate, 
 as an amendment to the bill " for the better regulation of 
 the Medical College of Ohio," that, "the sum of one thou- 
 sand dollars be appropriated for the use of the Oliio Uni- 
 versity, to be paid out of the literary fund, to the order 
 of the treasurer of said university; and to be applied, by 
 the direction of the trustees thereof, for the purpose of 
 paying any debts that may have been contracted by the 
 purchase of a philosophical apparatus, or for additions to 
 the library of said institution." Which motion was de- 
 cided in the affirmative by a vote of twenty-one to thir- 
 teen. And to Mr. Cutler's gratification it passed the 
 house of representatives by a large majority — fifty-eight 
 to twelve. 
 
 To Mrs. Cutler, January 29, 1825 : " The act to provide 
 for an equal system of taxation has passed both houses, 
 and has become a law. The canal and common school 
 acts have passed the senate by very large majorities ; the 
 first has passed the house Avith amendments which are 
 pending between the branches of the legislature. We 
 have strong hopes the house will pass our school law." 
 
 The school bill had passed the senate January 26th — 
 yeas twenty-eight, nays eight — and on the first of Febru- 
 ary it passed the house of representatives by a vote of 
 forty-six to twenty-four. It was on this latter occasion 
 that Mr. Cutler, deeply anxious for the fate of the bill, was 
 at the bar of the house when the vote was taken ; Mr. 
 
168 Life of Ephrahn Cutler. 
 
 Nathan Guilford, senator from Hamilton county, equally- 
 interested, was standing by his side ; when the speaker 
 announced the result, Mr. Cutler turned, and raising his 
 hand said, solemnly: "Lord, now lettest thou thy servant 
 depart in peace, accordiug to thy word ; for mine eyes have 
 seen thy salvation." Thus, through many discourage- 
 ments, after six years, he saw his school bill of 1819, by 
 the help of other good and earnest men, shaped into an 
 effective school law; a system destined to still greater im- 
 provement, by which Ohio, at an expense of about eight 
 millions of dollars annually, gives to every child within 
 her borders the opportunity to acquire a respectable edu- 
 cation. 
 
 During this session a United States senator was elected 
 to fill the place of Gov. E. A. Brown, whose term of ser- 
 vice expired the next March. The candidates were Gen. 
 "William 11. Harrison, Gov, Thomas Worthington, and 
 Wyllis SilHman, Esq. Mr. Silliman had been associated 
 with Elijith Backus, Esq., at Marietta, in 1801, in publish- 
 ing one of the earliest newspapers in the West, "The Ohio 
 Gazette and the Territorial and Virginia Herald." He 
 and Mr. Backus were also partners in the practice of the 
 law. Mr. Silliman was a member of the first state leo-is- 
 lature in 1803. He received from Jefferson the appoint- 
 ment of register of the land office at Zanesville, to which 
 place he removed, and was for many years a well known 
 and able lawyer there. 
 
 Extracts from characteristic letters written to Mr. Cut- 
 ler show that Mr, Silliman's friends were very desirous to 
 secure his election. Col. Convers, of Zanesville, v/rites : 
 "Wyllis Silliman, Esq., is a candidate for the senate of 
 the United States, and I feel a great interest in his elec- 
 tion, as he is as clever a fellow as you, or myself, or any 
 other person. Kow, I want you to give him all your in- 
 terest, which I think ought not to be small in that legisla- 
 tive body." 
 
 The following is from John Mathews,* one of the first 
 
 *John Mathews was one of the original nioneers who beuan tlie set- 
 tleinent of Ohio at Marietta in 1788. He was a share-holder and sur- 
 
Life of Ephraim Cutler. 169 
 
 pioneer band who landed at Mnskingum in 1788, a nephew 
 of Gen. Putnam, and a noted land surveyor of that time: 
 
 " I take the liberty, as an old Federalist writing to an 
 old Federalist, to electioneer a little for a renegade Feder- 
 alist, Wyllis Silliman, who will be a candidate for the sen- 
 ate of the United States. But now yon know we are all 
 Federalists, all Eepublicans, in spite of Mr, Jefferson's 
 policy, which always belied this pretty saying, 
 
 "I candidly confess that something sticks a little in my 
 stomach when men, who have taken a devious track in 
 politics, come forward for office ; but I consider the time 
 completely passed when this grumbling in old stomachs 
 should have any Aveight, Silliman always fervently main- 
 tained, and never shrank from expressing his Federal par- 
 tialities in relation to those great men, who formerly were 
 our pride and boast. 
 
 " I have long; ag-o foro-iven him, and feel some zeal in 
 adding my mite to promote his election. Silliman has 
 never been a sneaking Democrat, Ilornblower, or any 
 thing of the kind ; and in point of talents, I think, will 
 not be behind any other candidate. He will meet with 
 warm and, I believe, almost unanimous support from this 
 part of the country, and I hope you may feel disposed to 
 give him your hearty support." 
 
 Caleb Atwater, Esq., of Circleville, Ohio, writes : " Elect 
 Silliman as an object of general good. Tell our member 
 to remember our eastern and western mail route when he 
 votes for senator. Silliman is in our interest, the others 
 are not. His qualifications, too, are superior to those of 
 his opponents." 
 
 Mr. Silliman received a very handsome support, second 
 only to Gen, Harrison, the successful candidate. 
 
 veyor of the Ohio Company, and while surveying in Lawrence county, 
 August, 17S9, his camp was attacked by hostile Indians, and seven of 
 his men slain ; himself and only four others escaped. In 1792 he was 
 appointed superintendent of affairs with the French at Hallipolis. He 
 married Sally, daughter of Hon. Dudley Woodbridge. of Marietta, and 
 settled in Muskingum county. " He was one of the most useful^ 
 active, and clear-headed men Ohio ever claimed for a citizen." 
 
170 Life of Ephraim Cutler. 
 
 The legislature, having finished the business before them, 
 adjourned without day, February 8, 1825. 
 
 Mr. II. D. Ward, who spent a part of the winter of 
 1823-4 with Mr. Cutler at Columbus, writes to him from 
 Massachusetts, August 14, 1825 : 
 
 "I have heard from you, and of you, through my 
 brother; and have felt v/ith you, and for you, in working 
 your revenue and school bills, and canal undertaking into 
 legislative being; and now I rejoice with you in the com- 
 mencement of the grand Ohio and Lake Erie Canal ; and 
 pray that the school bill may go into as effectual operation 
 as the revenue law. 
 
 " These are great works, long ardently desired and per- 
 severingly labored for. You have borne a distinguished 
 part in giving them life, and I hope this may long con- 
 tinue a source of pure satisfaction to you. 
 
 "ISTothing is so important now for Ohio, as to give the 
 benefits of a common school education to every child of 
 hers. There will be pride of character as well as sense of 
 propriety in building up the universities and academies; 
 but let not the rich and learned forget the poor and igno- 
 rant, but let the whole people grow wise together, accord- 
 ing to their several stations in life. 
 
 " I hear with interest of the prosperity of the Ohio 
 University, of which you are an appointed and efficient 
 guardian, and I was once an humble officer. May its 
 guardians have wisdom, its officers energy, and its stu- 
 dents peace and harmony." 
 
 The Hon. Eleutheros Cooke, a member of the legisla- 
 ture with Judge Cutler, writes to him from Sandusky, O., 
 October 13, 1828: 
 
 " Nothing vv'ould give me so great pleasure as to see you 
 at my own fireside, and recount with you the events of our 
 labors in the le2:islature. As the author and founder of 
 our new and excellent system of revenue and taxation, I 
 shall ever consider you as richly entitled to the gratitude 
 of the state. In this part of the country you are known 
 as the author." 
 
 As a result of Judge Cutler's legislative labors, extend- 
 
Life of Ei^hraim Cutler. 171 
 
 ing from 1819 to 1825, there was placed upon the statute 
 books of Ohio the law of January 22, 1821, entitled "an 
 act to provide for the regulation and support of common 
 schools," and that of February 5, 1825, " an act to provide 
 for the support and better regulation of common schools." 
 The first of these acts provided that school districts 
 might be laid off in townships when authorized by a vote 
 of a majority of the house-holders; also, that trustees of 
 townships might lay off and divide their townshi[»s into 
 districts upon the petition of two thirds of the house- 
 holders. 
 
 2. That a school committee of three should be elected 
 on the first Monday of May, annually, with power to erect 
 school houses and employ teachers. 
 
 3. That a tax should be levied to erect school houses, 
 and pay any deficiency that might arise in the case of 
 children whose parents were unable to pay the full amount 
 of schooling. 
 
 This was a step forward, an entering wedge in the right 
 direction, but it was not a full assumption by the state of 
 the obligation to take charge of the education of the 
 people. 
 
 But the act of February 5, 1825, went much farther ; it 
 provided : 
 
 1. That a tax should be levied annually, in each county 
 on the general list, to the extent of one-twentieth of one 
 per cent, for the support of schools. 
 
 2. Township trustees to lay oft" school districts in their 
 respective townships. 
 
 3. House-holders to elect three directors in each district, 
 who were to establish the sites for school-houses and build 
 them. 
 
 4. No person to teach without a certificate of qualifica- 
 tion from examiners appointed by the court of common 
 pleas. 
 
 5. The duties of clerks, auditors, and other officials were 
 prescribed. 
 
 By this act the State of Ohio, for the first time, assumed 
 
172 Life of Ephraim Cutler. 
 
 its constitutional obligation to "encourage schools and the 
 means of education." 
 
 In its essential features it was a system. It is substan- 
 tially the system of to-day ; that is, the power and duty to 
 lay taxes for that specific object ; then to organize districts, 
 elect directors, build houses, employ teachers, and impose 
 qualifications, and the legal machinery for collecting and 
 applying funds. 
 
 Up to the date of these acts, there had been legislation 
 regulating the sale and the disposal of money arising from 
 school section 16; but no attempt at systematic organiza- 
 tion, and no assumption by the state of the responsibilities 
 of education. 
 
 Before the introduction of a school system as defined in 
 the laws which owe their origin largely to Judge Cutler, 
 the existence of a school in any neighborhood depended 
 solely upon the efibrts of one or more individuals who 
 would take the trouble to raise, by subscription, money to 
 employ a teacher, and either build a house, or set apart a 
 room in their own dwellings for that purpose. The follow- 
 ing agreement for a school taught in Warren, Washington 
 county, may serve as an illustration of the way children 
 obtained their schooling at that time : 
 
 " We, the subscribers, do hereby mutually agree to hire 
 Miss Sally Rice to teach a school in the school-house near 
 Mr. William Smith's, for the term of three months, to 
 commence on the 9th day of June, instant. She is to 
 commence her school at the hour of 9 o'clock in the fore- 
 noon, and keep until 12 ; and at the hour of 1, and con- 
 tinue until 4 o'clock in the afternoon. She is to teach 
 reading, and to instruct the young Misses in the art of 
 sewing; and to keep all necessary regulations as is usual 
 in schools ; for which w^e agree to give her the sum of 
 one dollar and twenty-five cents per week during the said 
 term, which sum shall be assessed in proportion to the 
 number of scholars we have set to our names. Provided, 
 also, that in case more are sent by any individual than he 
 has subscribed for, or any persons send who do not sub- 
 scribe, they shall be assessed in proportion to the number 
 
Life of Ephraim Cutler. 173 
 
 they send ; the money to be assessed and collected by a 
 committee to be appointed for that purpose. And for the 
 performance of the foregoing, we hold ourselves bound. 
 Dated this 8th day of June, a. d. 1814. 
 
 Willard Green, 2 scholars. Ephraim Cutler, 4 scholars, and 
 
 Levi Strong, h scholar. boarding mistress. 
 
 Isaac Humphreys, 3 scholars. James Moor, 2 scholars. 
 
 Widow Robinson, 2 scholars. Ezekiel Finch, one scholar. 
 
 T. Cone, \ scholar. Wm. Smith, 2 scholars. 
 
 T. Patten, A scholar. Philip Cole, 2 scholars. 
 
 G. Wilson, J scholar. Seth Bailey, 2 scholars. 
 
 Widow Terry, 2 scholars. Asa Cole, i scholar. 
 
 . John Steward, 2 scholar. Ichabod Cole, 1 scholar. 
 
 John Henry, 1 scholar. John Green, one scholar." 
 
 Another result of his legislative service is found in the 
 act establishing an equitable system of taxation, passed 
 February 3, 1825, consisting of forty sections. 
 
 And an act to amend an act entitled an act detining the 
 duties of county auditors, passed February 1, 1825, con- 
 sisting of eighteen sections. 
 
 Also an act defining the duties of collectors of taxes, 
 passed February 8, 1825, fifteen sections. 
 
 These three acts, comprising seventy-three sections, em- 
 braced the })rinciples and details of the application to the 
 real estate of Ohio of an entirely new, and hitherto un 
 tried system of taxation. Its fundamental idea was, that 
 ^^ lands, town lots, and houses should be valued on actual view 
 at cash prices.'" Up to that time an arbitrary valuation 
 was fixed by the legislature on lands at so much on each 
 one hundred acres of first, second, and third rate land. 
 
 His system required arrangements for assessors, rules 
 and forms for returns — boards of equalization — and new 
 duties for auditors, collectors, etc. 
 
 It has been enlarged, modified, and changed, but its es- 
 sential features remain the same. It was a new departure, 
 and one that gave credit to Ohio at the opportune time 
 of her entering upon her s^^stem of internal improve- 
 ments. 
 
 At the commencement of his eflbrts to promote both 
 schools and the ad valorem system of taxation, Mr. Cutler 
 
174 Life of Ejphraim Cutler. 
 
 met with positive and most influential opposition to both 
 measures. 
 
 The prevailing sentiment as regards the support of 
 schools by taxation was, that it was a violation of indi- 
 vidual rights for the state to take one man's money to pay 
 the school-bill of his neighbor's child. The common adage 
 was, " let every man school his own children." Even up 
 to the passage of the school system, the journals show a 
 strong minority vote against the measure. 
 
 In regard to the change in land valuation, the inequality 
 and injustice of the old system upon the portion of the 
 state represented by Mr. Cutler is sufficiently evident from 
 what has been already stated in these pages on that 
 subject. 
 
 While there is on record these evidences of the ability of 
 Ephraim Cutler to organize systems of public policy upon 
 most important subjects, he cherished too much self-respect 
 to organize political campaigns for his own advancement, 
 and consequently the state lost his further services. Private 
 intrigue and ambition supplanted a faithful public servant, 
 and he retired with a consciousness of duty well per- 
 formed. 
 
 A few years later, in a letter addresb^ed to his political 
 friends, he sums up his political services in these words: 
 
 " You have by your free and unsolicited suftVages elected 
 me, heretofore, a member of the territorial legislature, a 
 member of the convention that formed your state .consti- 
 tution, and several times a member of the state legislature. 
 In these several capacities, I have endeavored to be the or- 
 gan to express your will, and in compliance with what I 
 believed it to be, I have, again and again, supported the 
 extension of the right of suffrage until the constitution 
 settled that point. I introduced in the convention' that 
 part of the constitution which excludes involuntary slavery, 
 forever, from within your borders. I introduced the first 
 bill into the state legislature for establishing a common 
 school system, that was ever introduced in that body, which, 
 though it failed at that time, has since w^ith little varia- 
 tion become a permanent law ; I was also engaged in 
 
Life of Ephraim Cutler. 175 
 
 organizing the revenue S3'stem, and I have been spared by 
 a kind Providence to see all these measures approved, not 
 only by you, but by intelligent people throughout this and 
 adjoining states. As this is, probably, the last time I shall 
 address you on a political question, I will avail myself of 
 this opportunity to thank you for the kindness and par- 
 tiality I have ever experienced from you." 
 
176 Life of Ephraim Cutler. 
 
 CHAPTER VIII. 
 
 Ohio University — Tenth Presidential Election — Agri- 
 cultural Address. 
 
 The preceding pages sliow Judge Cutler's labors for the 
 establishment by law of a system of common schools, which 
 makes it possible for the youth of the state to acquire a de- 
 cent education, and also his eiforts in behalf of the Ohio 
 University. The deep interest which he took in that 
 institution, and his endeavors to promote its welfare and 
 usefulness, arose not merely from the fact that he was one 
 of its trustees, and that the university owed its origin to 
 the forethought and efibrts of his father, but from an 
 earnest desire that the means of a collegiate education 
 should be provided, and made accessible to the people. 
 
 It is a fact, that when Dr. Cutler made the purchase of 
 western lands for the Ohio Company in 1787, as a recent 
 writer observes,* " He insisted that there should be an ap- 
 propriation of land, in the company's purchase, for the en- 
 dowment of an university, and this feature was part of the 
 contract with Congress. Thus the Ohio University is un- 
 doubtedly indebted to Dr. Cutler for its existence, and he 
 was in later years very active in furthering its sound or- 
 ganization. He also insisted upon a donation of land in 
 each township for educational and religious purposes ; and 
 made it a part of the contract with Congress that two sec- 
 tions in each township should be reserved as school and 
 ministerial lands." 
 
 In this contract it was provided that " two complete 
 townships should be given perpetually to the use of an 
 university." These townships were surveyed in 1795, by 
 General Rufus Putnam, and located near the center of the 
 purchase, in the midst of a dense forest. In 1799, the 
 
 * Walker's History of Athens Co., Ohio, p. "251. 
 
Life of Ephraim Cutler. 177 
 
 territorial legislature passed an act for laying oiF the town 
 of Athens, the site of the proposed university, where a few 
 settlers were already on the ground. 
 
 An act, establishing a university in the town of Athens, 
 drafted by Dr. Cutler, was introduced into the territorial 
 legislature during the session of 1801-2 by his son, Judge 
 Cutler, which passed, with some modifications, and was 
 approved by Governor St. Clair, January 9, 1802. 
 
 A small brick building was erected for an academy, 
 which was opened as a branch of the university in 1808 ; 
 the college edifice was completed in 1817, and an organiza- 
 tion of the university was efifected in 1820. The trustees 
 had selected the Rev. Jacob Lindley, a graduate of Prince- 
 ton College, to take charge of the institution from the be- 
 ginning, and for many years he continued to conduct it 
 with distinguished ability and success. 
 
 On the 1st of January, 1824, a committee of the board 
 of trustees of the university, of whom Rev. Jacob Lindley, 
 Rev. Dr. Hoge, and Judge Cutler were members, met in 
 Columbus to select a suitable person for president of the 
 institution. They unanimously agreed to recommend the 
 Rev. Robert G. Wilson, of Chillicothe. Dr. Wilson was a 
 native of North Carolina, but removed to Ohio soon after 
 it was admitted as a free state into the Union. He had 
 been, since 1805, the pastor of the Presbyterian Church in 
 Chillicothe. A writer has justly said of him: " Dr. Wil- 
 son w^as a man of great intellectual ability and fine schol- 
 arship; a dignified and cultured gentleman of the old 
 school." 
 
 The selection made by the committee at Columbus was 
 approved. Dr. Wilson was elected, and his inauguration 
 as president took place at Athens, August 11, 1824, Par- 
 ticipating in the ceremonies of that occasion, Judge Cut- 
 ler, on delivering the keys and charter of the institution 
 to the president, said : 
 
 " The trustees have, by their unanimous suffrages, elected 
 you to the high and responsible ofiice of President of the 
 Ohio University. In thus placing under your governing 
 12 
 
178 Life of JEphraim Cutler. 
 
 care and instrnction the youth, the best hopes of our coun- 
 try, they have the satisfaction of knowing that the pubhc 
 approve their choice. 
 
 " The motives which governed the founders of this uni- 
 versity in making the munificent donation from which its 
 permanent revenues are derived, were so deeply interesting 
 as to impose upon those to whose charge it shall he com- 
 mitted duties of no ordinary character. 
 
 " This ffift, desio-ned to secure to the children of the 
 pioneers the blessings of an enlightened education, was 
 made by the Congress of the United States on the 23d of 
 July, 1787. The statesmen who composed that bod}' were 
 the men who had by their courage and intelligence greatly 
 assisted in the perilous struggle which, in its termination, 
 established this republic one among the nations of the 
 earth. Thev had been witnesses of the beneficial and 
 astonishing efi:ects which the early establishment of the 
 institutions of Harvard, Yale, Nassau, and William and 
 Mary had produced, by enabling our fathers, successfully, 
 to support and defend the principles for which they were 
 contending with the most accomj^lished scholars of Enrope. 
 They, therefore, while they had under consideration the 
 act preparatory to introducing civil order and government 
 into this, then immense wilderness north-west of the river 
 Ohio, made this donation with the express condition, that 
 it should be forever for the support of an university. The 
 directors of the Ohio Company were at that time negoti- 
 ating, by their agents, for a purchase of lands upon which 
 the first permanent settlement in the State of Ohio was 
 made. In their contract they stipulated for this appropri- 
 ation, and agreed to select two townships for the donation, 
 which were located in this vicinity, and thus aided in the 
 great national object. 
 
 " The territorial and state legislatures in their early acts 
 appointed and incorporated trustees to carry this noble 
 purpose into effect, and from that period to the present 
 time the institution has experienced the favor of a kind 
 Providence. 
 
 *' The trustees have now, for the first time, the oppor- 
 
Life of Ephraim Cutler. 179 
 
 tunity of delivering over their keys and charter to one in 
 whom they, and the public, have the highest confidence. 
 That the merciful God, who has hitherto been pleased to 
 smile on the eftbrts to disseminate light and knowledge, 
 may aid and support in the arduous duties this day as- 
 signed you, will be the fervent prayer of the trustees." 
 
 Dr. AVilson filled the oifice of president fifteen years 
 with honor and fidelity, when advancing age led him to 
 resign. He died April 17, 1851. 
 
 The two townships, Athens and Alexander, were appro- 
 priated entirely to the use of the university, and when 
 thev were settled, the inhabitants found themselves with- 
 out lands for the support of common schools. In his 
 notes. Judge Cutler writes : 
 
 " Having been myself a member of the convention that 
 formed the constitution of the state, I was aware that the 
 United States, by articles of compact at the time the state 
 became a member of the American confederacv, were 
 bound to appropriate a thirty-sixth part of the lands 
 within its boundaries for the use of schools ; and that 
 where section sixteen was otherw^ise appropriated, a sec- 
 tion (640 acres) should be supplied from the public lands 
 for the use of such township. I accordingly wrote to 
 Hon. Samuel F. Vinton, then in Congress, calling his at- 
 tention to the subject." 
 
 Mr. Vinton replied, February 25, 1824: 
 
 " On the receipt of your last, I called upon Mr. Graham, 
 the Commissioner of the General Land OflSce (Mr. Craw- 
 ford, the Secretary of the Treasury, as you know, being 
 sick and confined to his house), on the subject of the 
 school sections for the Athens University lands. Mr. 
 Graham promised me he would examine the matter, and 
 call on the secretary and give him his opinion on the sub- 
 ject ; he seemed, however, to have an idea that the con- 
 tract with the Ohio Company on the part of the United 
 States (and not the compact wath the Ohio Convention) 
 was to be the rule by which to determine the validity of 
 the claim by the townships. I was under the same im- 
 pression until a few days since, and with that idea, on an 
 
180 Life of Ejyhraim Cutler. 
 
 examination of the contract of the Ohio Company, last 
 fall, I came to the conclusion that these townships were 
 not entitled to school lands. Strange' as it may seem, it 
 did not occur to me that the compact with Ohio extended 
 to their case. A few days before the receipt of yours, I 
 had occasion to examine a petition of the inhabitants of 
 the Miami Uniyersity township for common school lands, 
 which, it occurred to me, rested on the same principle as 
 the Athens townships. The opinion of the committee of 
 public lands in that case was that the township had a right 
 to school lands ; and they directed the member who ofiered 
 the petition, to apply to the Secretary of Treasury, and 
 agreed to report in fayor of the township, if the secretary 
 should refuse to make an appropriation under the law. 
 
 "Mr. Graham was so much engaged at the time of my 
 interyiew", aboye mentioned, that I could not explain my 
 reasons for thinking he was wrong; and told him I would 
 make a written argument and forward to him, which I 
 did, setting out my reasons at considerable length. If 
 that should not satisfy the commissioner and secretary, I 
 shall request it to be laid before the attorney general ; and 
 in the last resort I will lay it before Congress. I think 
 the committee on public lands would report in their fayor. 
 If the secretary should admit the right of these townships 
 I will request him to direct the Register and Receiyer of 
 the Land OiRce at Marietta to make the selection and 
 write you word." 
 
 Mr. Vinton announces the success of his application to 
 the Secretary of Treasury, in a letter dated Washington, 
 April 15, 1824 : 
 
 " I haye at last received the decision of Mr. Crawford in 
 fayor of the universit}' townships in Athens county. The 
 selection ought to be made before the sales of public lands 
 on the first Monday of next month. To enable you to 
 select to the better advantage, by my request the Register 
 of the Marietta Land Office will be instructed to make the 
 reservation." 
 
 Another important service rendered by Mr. Vinton may 
 be mentioned here. The school lands of Ohio, a splendid 
 
Life of Ephraini Cutler. 181 
 
 endowment of one thirty-sixth of her whole surface, was 
 vested hy an act of Congress, March 3, 1803, in the legis- 
 lature of the state, in trust, for the use of schools. When 
 it was found desirable to sell these lands and establish a 
 school fund, it was doubted whether the legislature had 
 the right to thus dispose of them, Mr. Vinton procured 
 the passage of a law which empowered the legislature to 
 sell the school lands within the borders of the state, and 
 " invest the proceeds in some permanent, productive 
 fund, the income to be forever applied to the support of 
 schools." 
 
 The benefits of this law, which at first applied to Ohio 
 only, have extended to the new states, and thus secured to 
 posterity, from waste and misapplication, this valuable gift 
 of the national government. 
 
 In a letter to Professor E. B. Andrews, written July 16, 
 1853, the Hon. A. G. BroAvn, of Athens, writes: 
 
 " In 1820 Judge Cutler w^as appointed a member of the 
 Board of Trustees of the Ohio University, which office he 
 held up to the time of his death, having always manifested 
 the greatest zeal and anxiety for the progress and prosper- 
 ity of the institution ; and contributed by his counsels and 
 labors to that end, so long as his physical powers would 
 permit. He was for a number of years on the committee 
 of finance, where his services were of the very highest 
 importance, I am aware that ho labored assiduously for 
 the interests of the university while a member of the leg- 
 islature, from about 1822 to 1825." 
 
 Presidential Campaign of 1824. 
 
 The presidential campaigns of 1816 and 1820 excited 
 little interest in the Western country ; the lull in political 
 agitation during Mr. Monroe's administration was, how- 
 ever, disturbed as the time approached when his successor 
 was to be chosen, and an unusual number of candidates 
 appeared in the field. Three of these were members of 
 Mr. Monroe's cabinet: John Quincy Adams, of Massachu- 
 setts, Secretary of State ; John C. Calhoun, of South Caro- 
 lina, Secretary of War; and William H. Crawford, of 
 
182 Life of Ephraim Cutler. 
 
 Georgia, Secretary of Treasury, all able statesmen ; Henry 
 Clay, the eloquent speaker of the house in Congress ; and 
 Gen. Andrew Jackson, made famous by his military success. 
 Of these, Henry Clay, of Kentucky, was the favorite of 
 Ohio. Mr. Calhoun withdrew from the contest, and was 
 nominated for the vice-presidency. 
 
 Of all the candidates. Judge Cutler preferred Mr. Adams, 
 and labored earnestly to advance his interests in the state. 
 Letters, written to him by intelligent and active politicians, 
 from which the following extracts are made, give a good 
 idea of a rather exceptional campaign. 
 
 The Hon. Levi Barber, representative from Ohio, writes 
 from Washington, December 21, 1822 : 
 
 "I am sorry to hear that a majority of the legislature 
 are opposed to expressing an opinion on the subject of the 
 next president. The idea of some holding back in ex- 
 pectation that Clinton will be brought forward, is most 
 extraordinary. I have little doubt but the contest will 
 ultimately be between Mr. Crawford and Mr. Clay, and as 
 little doubt but all the "West will support the latter gen- 
 tleman. All the representatives from Ohio are decidedly 
 for Mr. Clay. Mr. Clinton is altogether out of the ques- 
 tion." 
 
 A gentleman writes from Marietta, January 7, 1823 : 
 
 " I do most sincerely hope that another attempt Avill be 
 made by the Ohio Legislature to nominate a president, or 
 rather a man to till the presidential chair, which I most 
 sincerely hope may be Mr. Clay." 
 
 The Hon. Samuel F. Vinton, who succeeded Mr. Barber 
 
 as representative from the Seventh Congressional District 
 
 of Ohio, and was then just entering upon his long and 
 
 useful career, writes from Washington, December 14, 
 
 ■1823: 
 
 "Yours of the 5th instant came to hand last night, by 
 which I perceive that your body is organized and ready to 
 proceed to business. You advert to a report that Mr. 
 Clinton is a candidate for the presidency, and ask what is 
 said here about it. By last night's mail we get informa- 
 tion of a nomination of him at Steubenville, and a rumor 
 
Life of Ephraim Cutler. 183 
 
 of one at Cincinnati. The probability of Mr. Clinton's 
 coming forward has been spoken of here for some days 
 past. Mr. C.'s Xew York friends declare themselves in 
 earnest about it. while the Bucktails say they will not 
 support him — that he can not get the support of his own 
 state, and that his friends do not intend to run him — their 
 object being to bring Mr. C. before the people again in 
 this collateral way with a view of running him at their 
 next gubernatorial election. The Bucktails are very de- 
 cided in their declarations that they will not support Mr. 
 Clinton ; but at the same time express, or rather feel, an 
 evident desire that Ohio should declare herself for him. 
 The solution of this apparent paradox you will easily 
 make when I inform you that, with the exception of one 
 or two of that part of the ]!^ew York delegation, they are 
 decided friends of Mr. Crawford, and more actively en- 
 gaged than anybody else in getting up a caucus. Whether 
 Mr. Clinton does really intend to come forward you can 
 form as good, perhaps better, opinion in Ohio tlian we can 
 here ; as we last night learnt from letters, that communi- 
 cations had lately been forwarded from 'S. Y. b}' Mr. C.'s 
 friends to different parts of the state, from which the 
 Steubenville nomination originated. 
 
 "ISText as to a caucus, there has been a great deal of 
 managing, maneuvering, counseling, and advising for some 
 daj'S past upon the ways and means of getting one up. 
 Mr. Crawford's friends are very desirous of making the 
 experiment ; the supporters of all the other candidates 
 are, in general, equally desirous of preventing it, or, if 
 tried, of breaking it down. 
 
 " The Bucktails, who are a large majority of New^ York, 
 are anxious to have it held immediately, and it is said that 
 next Saturday has been fixed upon as the time. Their 
 object is to produce an impression upon the legislature of 
 JSTew" York, which convenes the 1st of next month. There 
 is, unquestionably, a large majority of Congress opposed 
 to any measure of the kind, and it is the opinion of the 
 best informed here, that no caucus will be held, and that 
 after vaporing awhile the project will be abandoned. 
 
184 Life of Eiohraim Cutler. 
 
 There is a rumor that you have a resolution on the sub- 
 ject of a caucus here before you, but what it is we have 
 not learned." 
 
 The Hon. Benjamin Ruggles,* who for eighteen years 
 held the position of United States Senator from Ohio, 
 w^rites from Washington, February 8, 1824 : 
 
 " Your letter of the 26th of Januarv has been received. 
 I thank you for the information contained in it. You will 
 see by the 'Intelligencer' that a caucus is to be held on 
 Saturday next for nominating candidates for president 
 and vice-president. Great exertions have been made to 
 have the ReiDublican friends of all the candidates unite ; 
 but from some subcaucusing which has taken place among 
 the friends of Mr. Clay, Mr. Adams, General Jackson, and 
 Mr. Calhoun, it is believed that many of them will not 
 attend. Although there will not be as many members 
 present as have been on some similar occasions, yet it is 
 believed that Mr. Crawford will receive more votes than 
 Mr. Monroe did in 1816, which was sixty-five. Some are 
 of opinion that he will have eighty. This measure seems 
 to be called for by the resolutions that have been adopted 
 by the members of several of the state legislatures to sup- 
 port a Congressional nomination. I attended a similar 
 meeting in 1816, when Mr. Monroe was nominated, and 
 have concluded to attend the present. Out of the five 
 candidates, but one can succeed, and it is thouo;ht bv 
 many of the oldest and most substantial Republicans that 
 an attempt ought to be made here in the old way to con- 
 centrate in some measure, if possible, public sentiment on 
 this subject. Whether such an object will be effected re- 
 mains to be determined. It is believed, however, that it 
 will do much toward it. 
 
 * Benjamin Ruggles, born at Woodstock, Coi.necticut, February 21, 
 1783. A lawyer, he came to Marietta. Ohio, in 1807, and was elected 
 by the legislature in 1810 president judge of the third circuit, and re- 
 moved to St. Clairsville. He was an able and learned jurist. In 1815 
 he was elected United States Senator, and was re-elected in 1821 and 
 in 1827, continuing in the senate eighteen years, rendering valuable 
 service to the state and nation. He died September 2, 1857. 
 
Life of Ephraim Cutler. 185' 
 
 " The partisan warfare that has been kept up so long in 
 favor of each of the candidates, and the ill-blood and bit- 
 terness of feeling which it has created, has become painful 
 and irksome to the great body of the people. Unequivo- 
 cal indications have been given from almost all parts of 
 the Union of their readiness to unite on some distinguished 
 Republican, if he could be presented to them in a satisfac- 
 tory and acceptable manner. No mode has been suggested 
 or devised, which appears less exceptionable than the old- 
 fashioned and Ung practiced one now proposed. The New 
 England Republicans, as far as I am able to learn their 
 sentiments, prefer Mr. Crawford next to Mr. Adams, and 
 if they can not carry their favorite will, it is believed, 
 cheerfully unite on Mr. Crawford. 
 
 " I have always felt very friendly to Mr. Clay, and I 
 regret ver}^ much that he, and his friends, should not have 
 felt a willingness to unite in this measure. He urged such 
 a course of proceeding eight years ago, when the contest 
 was between Mr. Monroe and Mr. Crawford, and made a 
 speech in favor of the pretensions of the former in caucus. 
 He also attended a similar meeting in 1812, when Mr. 
 Madison was nominated. Mr. Calhoun was also in favor 
 of a caucus when he, himself, was not a candidate, and 
 has, I believe, attended two. 
 
 " Much has been said concerning the vice-presidency, 
 and several persons have been spoken of. Gallatin, Yates, 
 Root, and Rush have been mentioned. Gallatin, I believe, 
 will be nominated. He is a man of great weight of char- 
 acter, and possesses talents of the first order." 
 
 Mr. Ruggles presided over the caucus referred to in his 
 letter, and by it William H. Crawford, of Georgia, was 
 nominated for the presidency. 
 
 The Hon. John C. Wright, eminent as a lawyer and 
 judge, was then a representative in Congress from Ohio. 
 He writes from Washington, February 23, 1824: 
 
 "We have nothing of great importance. The tariff bill 
 is in progress, and I think will pass, with some trifling 
 amendments, if we do not suffer its opponents to talk 
 away all the time allowed for passing it. 
 
186 Life of Ephraini Cutler. 
 
 "As to the president, we liave nothing since the caucus, 
 except that it is said Mr. Calhoun is abandoned, and no 
 longer a candidate. It is certain his friends in Pennsyl- 
 vania have gone over to Jackson, and all agree that Jack- 
 son will get the vote of that state. It is time for sober, 
 thinking men to consider whether it comports with the 
 dignity and well being of this nation to have a military 
 chieftain, who has frequently been known to be too violent 
 to be restrained by law, to rule over us, or whether our 
 constitution would be safe in his hands." If such be the 
 will of the people, I have no complaint to make." 
 
 Hon. S. F. Vinton writes, February 25, 1824 : 
 
 " Since the caucus there has been another blow up here. 
 Calhoun's party has bolted and gone over to Old Hickory. 
 Thus is ended the first act in the play, and one of the 
 actors has made his exit, not to return again. This new 
 phase in the political hemisphere has given a new aspect 
 to the affairs of Jackson. In the common language, he is 
 looking up wonderfull3\ Clay is said to be gaining in 
 New York, but in my opinion no dependence can be 
 placed upon the coquettish airs of that state. She may, 
 or may not, jilt her suitors, just as suits herself." 
 
 Mr. Francis Dodge, then a well known resident of 
 Georgetown, D. C, writes, March 9, 1824, as follows: 
 
 "Yours of the 19th ult. was duly received, and I have 
 been endeavorino- to find out what mav favor your views 
 in relation to the election of J. Q. Adams to the presi- 
 dency, an event which I should rejoice to see accom- 
 plished, under the conviction that he combines (almost to 
 perfection) all the requisites for that high station. 
 
 " You will find that he introduced the resolutions in the 
 senate which produced Gallatin's report on internal im- 
 provements; therefore, was the true author of them. I 
 send you a National Register of November last, in which 
 you will find those resolutions. I can also state positively 
 that Mr. Adams has, recently (and while the internal im-. 
 provement question was before Congress), expressed him- 
 self clearly in favor of the constitutional power in the 
 government to do this act; and he maybe fully calculated 
 
Life of Ephraini Cutler. 187 
 
 on as favorable to internal improvements. He is also in 
 favor of a revision of the taritf to a certain extent ; and 
 generally in favor of protecting manufactures in all cases 
 where it can be clone, without too much aii'ecting the other 
 great interests, I really hope your exertions to give him 
 your state vote will be crowned with success." 
 
 The Hon. Timothy Fuller, a representative in Congress 
 from Massachusetts, writes from Washington, 27th March, 
 1824: 
 
 "A friend of yours having informed me that you. are 
 desirous of obtaining such newspapers or essays as may 
 tend to give the people in your part of the country a just 
 view of the character of Mr. John Q. Adams, I have for 
 several weeks past sent you the National Journal, printed 
 in this place, and conducted with much ability ; and also 
 several other newspapers of the same political character 
 and bearing. 
 
 "I now send you several pieces originally published in 
 the Salem (Mass.) Register, a paper which has displayed 
 great ability and unwearied zeal in giving the public a fair 
 view of this subject, so important at the present time to 
 the people of the United States, on the eve of the great 
 national election. 
 
 " The general opinion here is that Mr. Clay is so feebly 
 supported, that, should tlie election finally come to the 
 house of representatives, he has not the least chance of be- 
 ing one of the three highest. Mr. Adams, Mr. Crawford, 
 and Gen. Jackson will probably be the three candidates 
 before the house ; but if ISTew York, as is now confidently 
 expected, shall abandon Mr. Crawford, who never has had 
 any thing like a majority even in the legislature, and should 
 she declare for Mr. Adams, who is far before any of the 
 other candidates there, then the election will not come to 
 the house. The six Eastern States stand firm for Mr. 
 Adams. iS^o other candidate has the least chance in any 
 of them (I speak from unquestionable sources of informa- 
 tion). New Jersey and Maryland have a majority in his 
 favor. We hope also that New York, Ohio, Indiana, and 
 Hlinois will declare for him. If this should take place, 
 
188 Life of Ephraim Cutler. 
 
 even Virginia would hold out no longer for Mr. Crawford; 
 and Mr. Adams, their representatives generally admit, is 
 their next man after Mr. Crawford. I hazard nothing in 
 saying that Mr. A. is considered here the most prominent 
 candidate. 
 
 "Be so good as to acknowledge the receipt of this, and 
 to communicate any information in relation to prospects 
 in Ohio, Kentucky, and the Western States which you 
 may possess." 
 
 Again, on the 29th of April, Mr. Fuller writes': 
 
 " I was much gratified at receiving your favor of the 6th 
 of April, and particularly so at the information it contains. 
 The efforts which you and others are making in Ohio I 
 trust will be successful, and they contribute very much to 
 animate and encourage his friends in other parts of the 
 Union. Several gentlemen of the first information from 
 Maryland assured me that Mr. Adams is so firmly sup- 
 ported in Maryland that though they vote in districts they 
 are confident he will receive every vote, which is much 
 better than has generally been expected heretofore. We 
 feel equally confident as to New Jersey-. As toi^ew York 
 the great mass of the people are for Adams, and we con- 
 fidently expect they will bring their legislature to the 
 proper and only true policy — to obey their constituents. 
 
 " From various sources we learn that in Virginia, North 
 and South Carolina the friends of Mr. Adams are numer- 
 ous and increasing. Virginia prefers Mr. Adams next 
 after Mr. Crawford, and in my opinion they will find their 
 true policy is to abandon Mr. C. before the election of 
 electors. For my own part, I do not wish to see Mr. C. 
 withdraw, as it might make an impulse in favor of Clay 
 in some very powerful states. 
 
 " Mr. Edmund's memorial is a document of great im- 
 portance. It will induce many to read and examine the 
 subject, and the loss of so large sums of money by the 
 western banks ought to be fully explained, otherwise Mr. 
 C.'s reputation will very much suffer. 
 
 " Mr. Adams informs me that he was well acquainted 
 with your father, and is happy to hear of your prosperity 
 
Life of Ephraim Cutler. 189 
 
 in the state of your choice. Mr. Clay's friends here ap- 
 pear very conlident, but I can not learn from them that 
 they have any hopes of the Atlantic states, except Penn- 
 sylvania ; but the best information, I think, is, that there 
 is no inclination to support him there, even if Jackson 
 should be abandoned, of which there is no immediate 
 prospect. 
 
 " The plot to raise an odium against Mr. Monroe and 
 Gen. Jackson b}' means of Senator Lawrie's letters, etc., 
 is fast recoiling upon his own head, as will all unworthy 
 attempts, when they are fully disclosed to the people. 
 
 *' I showed your letter to Mr. Nelson, who represents 
 the district formerly represented by your father. He is a 
 man of excellent understanding and much experience." 
 
 From Cincinnati Air. H. D. Ward writes, on April 14, 
 1824 : 
 
 " Strange ! Wild ! Infatuated ! All for Jackson ! His 
 victory at ISTew Orleans was not more unaccountable than 
 his political success is becoming. Two-thirds here are 
 said to be for Jackson. But, surely, in February last, his 
 name was not mentioned in the 3Iiami country. 
 
 " It was like an influenza, and will pass oft' like it, 
 whether before election or not, is doubted or maintained 
 according to the feelings and wishes of the dift'erent 
 speakers. I hope it will pass oft, but should be willing to 
 compromise so far as to elect a pledged ticket for Jackson 
 and Adams, that should be free to vote for either of the 
 two for president, and the other vice-president, as the cir- 
 cumstances of the case may require. A bold front and 
 determined courage alone will succeed in this measure. 
 Jackson's friends think tliey shall carry all before them. 
 If they try it. Clay's certainly will ; and if the influenza 
 passes oft' in season the patients will vote coolly and dis- 
 passionately for the best man — Mr. Adams. 
 
 " Every effort should be made, as it has been made, but 
 should no hope in the last case be left, I regard Mr. J. as 
 the most independent of the southern gentry, one on 
 whom they will be least likely to unite ; and if they unite, 
 one from whom they will gather the least flatteries, there- 
 
190 Life of EpJiraiiii Cutler. 
 
 fore I believe I would vote for liim sooner than for either 
 of the others. A strange business, this politics ! " 
 
 On the 24th of April, oSIr. Ward writes again from Cin- 
 cinnati : 
 
 " Yesterday was the Adams meeting — a glorious meet- 
 ing ! Details in the papers. A great party for Jackson 
 in New York — but it will not signify. Jackson's party 
 has sprung uj) in an hour, and possibly it will perish as 
 soon. It is not held toe:ether bv any tie of a substantial 
 kind. He will not be supported in Ohio if Mr. A. is, at 
 least I think so. The friends here of Mr. Adams are 
 hearty friends, and may be, like himself, relied upon. 
 Surely this Jackson fever will delight the prospects of 
 Mr. Clay." 
 
 June 9, 1824, a large and respectable meeting of the 
 citizens of Washington county was held at the court-house 
 in Marietta, of which Judge E. Cutler was chairman, and 
 Dr. S. P. Ilildreth secretary. At this meeting a commit- 
 tee was appointed, consisting of E. Cutler, iSTahum Ward, 
 and S. P. Hildreth, " to correspond with the state central 
 committee (at Columbus), and the several county commit- 
 tees; and to use all honorable measures to insure the elec- 
 tion of John Quincy Adams to the presidency of the 
 United States." This committee wrote to Joel Buttles, 
 Esq., Col. James Kilbourn, John R. Parish, Esq., David 
 Smith, Esq., and Dr. Lincoln Goodale of the state central 
 committee : " We have the pleasure to inform you that 
 the meeting on the 9th inst. unanimously resolved to sup- 
 port John Quincy Adams for president, and A. Jackson 
 for vice-president. They also resolved, nem. con., to sup- 
 port the ticket recommended by you for electors. We 
 have good reason to believe that these resolutions are in 
 unison with the sentiments of a large majority of the peo- 
 ple in the counties of Washington, Athens, Meigs, and 
 Gallia." 
 
 The committee also prepared and circulated "An ad- 
 dress to the free and independent electors of the Seventh 
 Congressional District." In it they say : " Mr. Crawford, 
 
Life of E'phraini Cutler. 191 
 
 General Jackson, Mr. Clav, and Mr. Adams are all candi- 
 dates for this high station ; they are all eminent men, and 
 have all performed eminent services for their country. 
 We are proud that our country can boast of possessing 
 such men. It is not our partiality for our candidate as a 
 man that principally influences us, but it is the policy 
 which Avill guide him, if elected, that we regard as of im- 
 portance. 
 
 "And, again, Mr. Adams was the first man that sug- 
 gested in Congress the propriety of entering upon a sys- 
 tem of internal improvements. He has no constitutional 
 scruples on this point. He believes that our national com- 
 pact was entered into for the purpose of benfiting us in 
 all things that concern the national welfare. His counsel 
 to his countrymen has been, 'Rely on your own resources, 
 depend on yourselves, he independent of the ivorld,' and he 
 will square his actions by these maxims. Unpledged, he 
 will stand proudly pre-eminent in steering our national 
 afl:airs free from the influence of faction or party. While 
 we disclaim being solely influenced by the superior attain- 
 ments and moral character of Mr. Adams, we do not shrink 
 from a comparison with any man living. He was, indeed, 
 bred a statesman ; he enjoyed the confidence of Washing- 
 ton, who trusted and employed him, and highly approved 
 his services ; he secured the like confidence of every suc- 
 ceeding president, and lias been intrusted with the most 
 diflicult concerns of the government in highly responsible 
 situations, and has not only gained the entire approbation 
 of his own country, but lias acquired the unqualified ap- 
 plause of the first politicians in Europe." 
 
 Mr. Edwin Putnam (son of Gen. Rufus Putnam) writes 
 to Judge Cutler from Putnam, July 20, 1824: 
 
 " The friends of Mr. Adams in this part of the state 
 appear to be sanguine in the success of his electoral ticket, 
 but I am still of opinion that the Clay ticket will carry 
 the election through the state. From all that I can learn, 
 Mr. Clay stands no chance of being president, or of even 
 coming into the house. The contest in Congress will be 
 between Adams, Crawford, and Jackson. Louisiana has 
 
192 Life of Ephraim Cutler. 
 
 declared for Jackson, and I am afraid he will be the man. 
 But we must do what we can for Adams. ''Tis not in 
 mortals to command success, but we will do more, we will 
 deserve it.' " 
 
 The Seventh District, and probably others, gave Adams 
 a majority, but the Clay ticket was successful in Ohio. 
 
 The Hon. S. F. Vinton writes from Washington, Decem- 
 ber 21, 1824: 
 
 " It is now reduced to a certainty that Gen. Jackson, 
 Mr. Adams, and Mr. Crawford will come before Congress 
 as candidates for the presidency. The friends of Gen. 
 Jackson are very confident of success, and those of Mr. 
 Adams are by no means without hopes. Very little is 
 said on the subject, and as yet no excitement prevails 
 here." 
 
 The Hon. Timothy Fuller,* in a letter dated Washing- 
 ton, 8th January, 1825, says : 
 
 " During the last winter and spring I bad several letters 
 from you on the subject of the election which was then 
 pending for president, etc. Your exertions, together with 
 those of Mr. Adams's friends in Ohio, were of the most 
 disinterested and patriotic character. They were not, in- 
 deed, completely successful in choosing electors, but the 
 respectable support they gave him may, nevertheless, en- 
 courage your representatives in voting with independence 
 at the final ballot, instead of being restrained and cramped 
 in the discharge of their high duty. We have great hopes 
 of Ohio and Kentucky, and I am free to declare that the 
 most dispassionate and best informed persons are of opin- 
 ion that Mr. Adams's election is more probable than that 
 of Gen. Jackson. It will not be surprising if he should 
 have sixteen votes (states) in his favor, which will be a 
 strong support, and highly favorable to a peaceful and 
 popular administration. 
 
 " I should be much gratified to have a letter from you 
 with your remarks upon the course expected from the 
 
 *The Hon. Timothy Fuller w;is the father and early educator of 
 Margaret Fuller Ossoli, well known in literary circles. 
 
Life of JEp/iraim Cutler. 193 
 
 members of your delegation. I should also be pleased to 
 know whether the friends of Adams and Jackson in Ohio, 
 at the election of electors, in an}'- part of the state united 
 against the Clay ticket." 
 
 The Hon. Philemon Beecher, an able lawyer, and one 
 of the early settlers of Ohio, who was for several years a 
 representative in Congress, writes from Washington, Jan- 
 uary 19, 1825 : 
 
 "Yours, dated the 10th, was received yesterday. I read 
 an old friend's letter Avith no ordinary pleastire. First of 
 all, I am glad to know that you are well ; secondly, that 
 the canal is likely to succeed. . . . As to the presi- 
 dent, I am for Adams, and Ohio will vote for him if the 
 other states will agree upon him, so that three or four 
 states in the West can elect him by so voting. 
 
 " I do not know how the people of Ohio would vote as 
 between Jackson and Adams, but I am convinced that 
 Adams is best qualified, and that is enough for me. It is 
 now entirely uncertain who will be the president. How- 
 ever, I think the chance of Adams is the best now, but 
 these appearances change very frequently." 
 
 When the result of the election in the different states 
 was made known, it became evident that the Electoral 
 College would not give to either candidate the 132 votes 
 then necessary to elect the president ; and that the house 
 of representatives at Washington must decide the matter, 
 as was the case in 1801, when Jefferson was first made 
 president. 
 
 The rules to be observed by the house in conducting the 
 election of the president, were reported by the Hon. J. C. 
 Wright, of Ohio, chairman of the select committee ap- 
 pointed for that purpose. On the 9th of February, 1825, 
 " at 12 o'clock precisely," the senate of the United States 
 entered, and were seated in the hall of the house, when 
 the certificates of the votes of the Electoral College were 
 opened and counted, and the President of the Senate de- 
 clared that no person had received a majority of the votes 
 13 
 
194 Life of Ephraun Cutler. 
 
 given for President of the United States; that Andrew 
 Jackson, John Qnincy Adams, and WilHam II. Crawford 
 had received the highest number of votes ; and that from 
 these persons it now devolved upon the house of repre- 
 sentatives to choose the president. John C. Calhoun, of 
 South Carolina, having received 182 electoral votes, was 
 declared vice-president. The senate then retired. The 
 roll of the house was called, and every member, except 
 one, being present, they proceeded immediately to ballot 
 by states. There were at that time twenty-four states in 
 the Union. It was found that thirteen states had, upon 
 the first ballot, voted for John Q. Adams; these were the 
 six ISTew England states, with New York, Maryland, Ohio, 
 Kentuck}^, Illinois, Missouri, and Louisiana; seven states 
 had voted for Andrew Jackson, namely : ISTew Jersey, 
 Pennsylvania, South Carolina, Tennessee, Alabama, Mis- 
 sissippi, and Indiana ; four states voted for William H. 
 Crawford, which were Delaware, Virginia, North Carolina, 
 and Georgia. The speaker (Mr. Clay) then announced 
 that John Quincy Adams, having a majority of the votes 
 of the United States, was duly elected president of the 
 same for four years, commencing with the 4th of March, 
 1825, and thus the tenth presidential election was brought 
 to a close. 
 
 Many years later Judge Cutler met and formed a per- 
 sonal acquaintance with John Quincy Adams. This was 
 in ISTovember, 1843. Mr. Adams had been in Cincinnati 
 for the purpose of laying the corner-stone of the astro- 
 nomical observatory at that place, and on his return to the 
 East passed up the Ohio river, and paused for a few hours 
 at Marietta. He was met at the wharf by a large number 
 of the leading men in the county, and conducted to the 
 Congregational Church, which was crowded with people 
 eager to see and honor the patriot, statesman, and sage. 
 In reply to an address of welcome from Hon. William 
 Rufus Putnam, Mr. Adams said, " That he was a student 
 of law with Judge Theophilus Parsons in Newbury port, 
 Massachusetts, fifty -five years ago, when he went to Ips- 
 wich to visit his personal friend, the Rev. Dr. Manasseh 
 
Life of Ephraim Cutler. 195 
 
 Cutler, then just returned from the great West, and from 
 his lips he derived his first knowledge of this region, and 
 the name of Marietta first saluted his ears. He was ex- 
 ceeding!}- interested in his descriptions of the country, and 
 the account he gave of its early prospects, anticipations of 
 wonderful progress in western emigration and improve- 
 ment, which have since been realized, and more than real- 
 ized. He had never expected the happiness of seeing with 
 his own eyes this land, this spot where he now was, which 
 was associated with his early recollections, and on which 
 his imagination had dwelt with so much pleasure." 
 
 Mr. Adams paid a noble tribute to the memory of the 
 early settlers of the place, and surprised every one by the 
 intimate and accurate knowledo-e he manifested of their 
 character and distinguished services. 
 
 After the reception at the church, Mr. Adams was 
 taken to the great mound in the cemetery, to the elevated 
 squares and sacra via, of which he had heard from Dr. 
 Cutler, and desired to see. He then returned to the 
 steamboat. 
 
 A committee of three had been selected to accompany 
 him to Pittsburg. These were Ephraim Cutler, son of the 
 Rev. Dr. Manasseh Cutler; Caleb Emerson, a* man of rare 
 intelligence, and Joseph Barker, the oldest native citizen 
 of Ohio then living. They were all men of information 
 and ability, and the conversation on the boat, between Mr. 
 Adams and the committee, was of the most interesting 
 character, and commanded the attention of all who were 
 so fortunate as to be present. He conversed with great 
 ease and freedom on the many topics introduced, " open- 
 ing tlie rich store-house of his mind, and pouring forth its 
 well assorted treasures." During this pleasant intercourse 
 an incident occurred which was noted by others, and is 
 thus given in a letter written by Judge Cutler at the 
 time : 
 
 " In conversation with Mr. Adams, I observed to him 
 that we remembered that under Providence we, as a peo- 
 ple, were indebted to the wisdom and firmness of his most 
 excellent father and John Jay for the soil we possessed, 
 
196 Life of E-phraim Cutle7\ 
 
 and that we understood tlie policy pursued by France at 
 the treaty of Paris in 1782, and the conduct of Dr. Frank- 
 lin was all exerted to prevent the North-west Territory 
 beins: included within our boundaries. I saw the tears 
 gather in his eyes, and his voice faltered as he answered, 
 that ' he rejoiced to lind that there were some who still 
 remembered the services of his beloved father.' I also 
 gave Mr. Adams a concise history of the convention which 
 formed our state constitution, the revolution that took 
 place in the minds of some of the members, and the con- 
 sequent exclusion of slavery. He said with emphasis, 
 ' Slavery must and will soon have an end.'" A predic- 
 tion, although since fulfilled, " the great defender of the 
 rights of man " did not live to see accomplished. 
 
 Agricultural Society. 
 
 Soon after the close of the Indian war in 1795, when the 
 settlers were permitted to attend to the cultivation of 
 their lands, an Agricultural Society was formed, and such 
 men as Judge Fearing, the Gilmans, the Putnams, and 
 other distinguished citizens attempted to aid the commu- 
 nity with their knowledge and experience. As years 
 passed, however, this society became inoperative. 
 
 Then many of the principal citizens of Washington 
 county, Ohio, with those of Wood county, Virginia, who 
 were interested in promoting the object, met in Marietta, 
 February 22, 1819, and organized by appointing Captain 
 Jonathan Devol chairman, and A. T. Nye clerk. At this 
 meeting Ephraim Cutler, Joseph Barker, and Alexander 
 Henderson were chosen to draw up a constitution and 
 rules for an agricultural society. The committee per- 
 formed the service required, and reported to an adjourned 
 meeting on the 28th of the next April. This constitution 
 was adopted by the society, who directed that it should be 
 published in the American Friend, together with an ad- 
 dress, inviting the co-operation of the public in the objects 
 of the society. The latter was as follows : 
 
Life of Sphraim Cutler. 197 
 
 Address. To the Citizens of Washington and Wood 
 Counties : 
 
 '■'■Fellow Citizens — In a country like ours, extremely fa- 
 vorable to the production of all the necessaries and some 
 of the luxuries of life, agriculture is, and must be, the 
 grand source of public and individual prosperity. Its in- 
 terests are inseparably interwoven with those of commerce 
 and manufactures. To promote these interests, in the 
 improvement of our agricultural products and domestic 
 fabrics, is the object of this society. 
 
 " That the most happy and beneficial effects have re- 
 sulted in all countries from the establishment of such 
 societies is beyond question. In our own, particularly, 
 they have been eminently useful in correcting erroneous 
 habits of culture, and giving stimulus and facility to in- 
 dustry by granting premiums to those who have excelled 
 in practical husbandry, in domestic manufactures, in im- 
 proving the different breeds of domestic animals and the 
 various implements of husbandry. 
 
 " To effect these desirable objects requires the exertions 
 of experience and associated effort. Man is the child of 
 habit. He is cold to precept, and falters at experiment, 
 but add the force of example, and you call into action the 
 energies of body and mind to the accomplishment of every 
 object within the reach of perseverance and industry. 
 Among the first objects contemplated by the society for 
 the improvement of our agricultural and manufacturing 
 interests are the collection of such interesting facts as are 
 the result of practical knowledge, and the encouragement 
 and reward of .experiments and improvements requiring 
 time, care, situation, and expense not within the reach of 
 every individual, and thus promote the interests of all by 
 the encouragement of industry and enterprise, and the 
 improvement of productive labor. For the attainment of 
 these objects we solicit the patronage of a liberal and en- 
 lightened public. 
 
 "Ephraim Cutler, 
 
 "Joseph Barker, 
 
 "Alexander Henderson, Committee" 
 
198 Life of Ephraim, Cutler. 
 
 On Tuesday, October 20, 1829, ten years later, the Agri- 
 cultural Society held its annual show and fair at Marietta, 
 under the direction of Douij^las Putnam and Henry Fear- 
 ing, committee of arrangements. This year, with other 
 matters of interest, a plowing match came off in the 
 morning; then a procession was formed at the court-house 
 by the marshal, Francis Devol, and moved to the Congre- 
 gational meeting-house, where Ephraim Cutler delivered 
 an address, after which the society partook of a public 
 dinner. The fact that then no history of our early settle- 
 ment or civil organization had ever been published, and 
 most of the actors in those interesting scenes had passed 
 away, led him to review and dwell at considerable length 
 upon those early times, giving less attention to topics usu- 
 ally discussed on such occasions. Among other things, 
 he said : 
 
 " There are some still living who came to this place at a 
 time when savage beasts and savage men prowled uncon- 
 trolled through every portion of these widely extended 
 regions, which now compose states, containing nearly two 
 millions of people. It may not be improper to spend a 
 few minutes in relating some reminiscences of facts and 
 circumstances which led the way, and attended the prog- 
 gress of settling Marietta, the first place where law and 
 order were proclaimed north-west of the Ohio. 
 
 " The character ought to be known of these bold pio- 
 neers who, at the risk not only of their own lives, but 
 that of wives, children, and friends, placed theiiiselves 
 nearly one hundred miles in advance of all others, sustain- 
 ing their position through a bloody and disastrous Indian 
 war, in which two gallant armies were defeated and nearly 
 destroyed. 
 
 "It is said that certain epochs in the history of nations 
 will always attract to themselves a lasting interest. 
 Amono; other thino-s, their orie-in awakens a livelv curi- 
 osity. From whence did they spring? At what period 
 was their country settled? For what causes, under what 
 circumstaiices, and for what objects were difficulties met 
 and overcome ? These are questions so natural that they 
 
Life of Ephraim Cutler. 199 
 
 rise almost spontaneously in every mind, and are inti- 
 mately connected with our pride, our character, our hopes, 
 and our destin_y. He who looks back upon a long line of 
 illustrious ancestors can not forget that the blood stirring 
 in his own veins is drawn from tlie same source, and the 
 light reflected b}' their virtues casts upon his path a cheer- 
 ins: radiance. And lie, who mav not claim kindred with 
 the mighty dead, feels that they are the common inherit- 
 ance of his country, and that he has a right to share in 
 their fame, and triumph in their achievements. Is^or let 
 it be supposed that this strong propensity of our nature 
 to honor heroic worth is attributal)lc to the indul2:ence of 
 mere personal or national vanity. It has a higher and 
 better origin. It is closely connected with that reverence 
 and afl^ection with which we regard our parents ; with that 
 gratitude we accord to the benefactors of our race ; with 
 that piety which reads in the progress of events the pecu- 
 liar superintendence of an all wise and benevolent Provi- 
 dence ; with that charity which binds up our interests in 
 those of mankind, and Avith that sympathy which links 
 our fate with all past and future generations. 
 
 " The toils and misfortunes incident to neAv settlements ; 
 the slow progress of even successful etFort ; the patience, 
 fortitude, and sagacity by Avhich evils are overcome or 
 diminished ; the causes which quicken or retard their 
 growth, all furnish lessons which improve the wise, cor- 
 rect the rash, and alarm the improvident. 
 
 "In searching for the causes which prol)ably gave the 
 first impulse and direction to the minds of the first settlers 
 to the Ohio, we are led back to that period when America 
 was struggling with proud and powerful Britain for inde- 
 pendence. Their fathers had been forced to leave their 
 native land, kindred, and friends, and settle on the then 
 wild and inhospitable Atlantic shores. There they ex- 
 pected, peaceably, to enjoy civil and religious freedom ; 
 but as they grew and prospered, that hauglity and oppres- 
 sive nation sought to deprive them of rights they held 
 most dear. Aroused at length, they declared to the world 
 that they ' of right were (and with the blessing of God), 
 
200 Life of Ephraini Cutler. 
 
 would ever remain free and independent states.' A large 
 portion of those who composed the Ohio Company were 
 men who stood forth in that war the champions of their 
 country's cause, and they, or their sons, formed the vet- 
 eran hand who commenced the work of improvement and 
 order in these vast regions. 
 
 "During the progress of the eventful struggle with 
 Great Britain, America was sometimes reduced to seasons 
 of great distress. In one of these gloomy periods the 
 question was solemnly discussed at the tahle of the illus- 
 trious commander-in-chief. What shall we do if our 
 enemy succeeds in her designs ? Suhmit we will not, and 
 whither shall we fly? 'Behind yonder mountains,' re- 
 plied that great man ; ' there we can he free. The valley 
 of Ohio, fertile as ancient Egypt, will afford us all we de- 
 sire ; the mountains will he a barrier; we can defend our- 
 selves there, and can he happy.' This was told by officers 
 to their men, by all to wife, brother, and friend, and thus 
 became diffused far and wide. Soon after, by the guiding 
 influence of the Ruler of men, peace and independence 
 blessed our happy country. 
 
 " But the most of these men, whose breasts had been 
 their country's chief bulwark in those trying times, and 
 man}^ of whom had spent the prime and vigor of man- 
 hood in that eight years' war, were left without a home, 
 and with very little to procure one; there were others 
 who, in their zeal to support the cause, had sold their 
 property, and by either lending the avails to their coun- 
 try, or trusting to its plighted faith, found all was sunk in 
 the depreciation of its currency. At this period the gov- 
 ernment was entirely unable to reward meritorious ser- 
 vices, or to fulflll its promises to the one or the other. 
 They were thus corai)elled to look for a new country to 
 form their future habitations. The recollection of Ohio 
 came fresh to their memories; the embryo, the germ 
 formed as before related, took life and growth. A num- 
 ber of these men, mostly distinguished officers of the 
 Revolution, assembled at Boston, and agreed to form the 
 'Ohio Company.' A purchase for the company was made 
 
Life of Ephraim Cutler. 201 
 
 from Congress, of lands their valor won ; and on the 7th 
 of April, 1788, Gen. Putnam, Col. Sproat, Major Ilaffield 
 White, Cai)t. Jonathan Devol, and forty-three others 
 landed and took possession of this place. On the 9th of 
 the following July, his Excellency, Gov. Arthur St. Clair, 
 arrived ; and soon after — attended by Gen. Parsons and 
 Gen. Varnum, supreme judges; Col. W. Sargent, the sec- 
 retary or deputy governor; Gen. Putnam and the citizens 
 resident in the country — proclaimed civil government for 
 the first time in the North-west. On this interesting oc- 
 casion Gov. St. Ckiir made a pertinent address, in which 
 he says : ' The executive part of the administration of 
 this government has been intrusted to me, and I am truly 
 sensible of the importance of the trust, and how much 
 depends upon the due execution of it to you, gentlemen,, 
 over whom it is to be immediately exercised, to your pos- 
 terity, and perhaps to the whole community of America. 
 
 " ' When I reflect upon the character of the men under 
 whose immediate influence and example this particular 
 settlement, which will probably give a tone to all that 
 may succeed it, will be formed, I have no reason to fear 
 the result. From men who duly weigh the importance to 
 society of a strict attention to the duties of religion and 
 morality, in whose bosoms the love of liberty and of order 
 is a master })assion ; who respect the rights of mankind, 
 and have sacriflced much to support them ; and who are 
 no strangers to the decencies and to the elegancies of pol- 
 ished life, there is nothing to fear.' He also expressed the 
 wish that the example they should give to the natives 
 might 'be the happy instrument in the hands of Provi- 
 dence of bringing forward that time which will surely 
 arrive, when all the nations of the earth shall become the 
 kingdom of Jesus Christ.' 
 
 "During the first ten years the progress of the settle- 
 ments was slow. An Indian war broke forth, with all its 
 horrors. An important settlement at Big Bottom was 
 taken by surprise, and the most of its inhabitants de- 
 stroyed. That excellent partisan oflicer, Major Goodale, 
 the brave Captain King, the gallant Captain Rogers, and 
 
■202 Life of Ephraim Cutler. 
 
 several others fell victims to savage ferocity, or went into 
 captivity never to retnrn. 
 
 "The situation of these settlements was distressing. 
 The enemy, in full possession of all the headwaters of 
 Muskingum and Hockhocking, could convey themselves 
 on those streams, with all security, to, or near these ex- 
 posed garrisons. They could possess themselves of all the 
 hills that overlooked the stockaded forts, and if a man 
 ventured forth it was at the utmost hazard. Many were 
 the hairbreadth escapes, many the bold and daring deeds, 
 and much the cautious wisdom which will ever distinguish 
 the fireside stories of those perilous times. 
 
 " The warning sound of the faithful watch-dog has often 
 caused the tender mothers of some of you, my hearers, to 
 press you more closely to their bosoms, fearing that in a 
 few moments you would be snatched from their arms, and 
 that they and those they held dearer than life would be 
 dispatched to the world of spirits by the tomahawks ot 
 the inhuman savages. 
 
 "Two armies, under brave and experienced command- 
 ers, and composed of officers and men equal to any that 
 «ver trod the tented field, were defeated and nearly anni- 
 hilated by our savage foes ; but that God who gives 
 strength to the weak, enabled the handful of men at this 
 point to maintain their posts. They possessed no com- 
 mon character. Born in a land of liberty, they knew the 
 boundaries between good order and licentiousness. They 
 stood forth the strong, efficient defenders of their country, 
 in the days of danger. When Washington reported that 
 nearly four thousand of his men were unfit for duty from 
 the want of shoes and clothing, thev were there. When 
 the snowy, frozen ground in Pennsylvania, IsTew Jersey, 
 and other parts of the United States was marked by our 
 soldiers with footsteps filled with blood, they were there. 
 When as proud banners as ever waved in Europe were 
 -surrendered by Burgoyne and Cornwallis, they were there. 
 They were there to the end. 
 
 "The good La Fayette, when he visited Marietta, in- 
 •quired with intense interest, ' Who were the first adven- 
 
Life of Ephraim Cutler. 203 
 
 turers to settle Ohio?' On hearing their names: 'Ah!' 
 said he, ' I knew them well. I saw them fighting the bat- 
 tles of their country at Brandywine, Rhode Island, James- 
 town, and Yorktown. They were the bravest of the brave. 
 Better men never lived.' * 
 
 " The pioneers of the jf^)rest have not all passed away, f 
 seven still live of those who first landed here with Gen- 
 eral Putnam. A number of others who came shortly 
 after, and witnessed the most of what I have attempted to 
 relate, still survive ; and we rejoice to find some, whose 
 heads are wdiitened with nearly four score years, remain 
 to behold the wonders of this wonderful age." 
 
 To the address from which the foregoing extracts have 
 been made was appended the following : 
 
 " Schedule containing the names of the principal civil 
 officers of the government of the territory north-west of 
 the river Ohio. 
 
 '■'- Governor — Arthur St. Clair. 
 
 '•'• Secretaries (with power to act, as deputy, in the absence 
 of the governor) — AVinthrop Sargent, Charles Willing 
 Byrd. 
 
 * The officers belonging to the line of the Revohjtionury army who 
 were among the early settlers of Ohio, and here alludetl to, were: 
 Major-Generals, Arthur St. Clair. Samuel ITolden Paisons; Brigadier 
 Generals, Rufus Putnam, James Mitchell Varnum, Benjamin Tupper; 
 Colonels, Ebenezer Sproat, Return Jonathan Meigs, Kobeit Oliver, 
 Winthrop Sargent, William Stacy, Joseph Tliouipson, Israel Putnam, 
 Archibald Crary ; Majors, Nathan Goodale, Nathaniel Cashing, Haffield 
 White, Asa (,'oburn, Ezra Putnam, Jonathan H^art, Anselm Tupper, 
 Dean Tyler, Cogswell Olney; Captains, Zebulon King, Jonatlian Cass, 
 Jonathan Stone, William Dana, Josiah Munro. Jonathan Devol. Will- 
 iam Mills, Robert Bradfoid, Oliver Rice, William K'ogers. Benjamin 
 Brown, Charles Knowles, Jonathan Haskell, G»^orge Ingersol, Elijah 
 Gates, Peter Phillips, William Breck ; Lieutenants -losepii Lincoln, 
 Ebenezer Frothingham, Thomas Stanley, Neal McOatfey, William 
 Gray, Benjamin Convers. 
 
 f Peletioh White and Amos Port*-!', Esquires; Messrs. Phineas 
 •Coburn, Allen Devol, and Benjamin SHmw, of Washington county, 
 Ohio; Major Jervis Cutler, of Nashville, Tennessee ; Hezekiah Flint, 
 Esquiie, of Cincinnati, are supposed to be all who now survive of the 
 forty-seven. 
 
204 Life of Ephraim Cutler. 
 
 ^^ Supreme Judges — Samuel Holden Parsons, James 
 Mitchell Varnum, John Cleves Symmes, Rufus Putnam, 
 Joseph Gilman, Return Jonathan Meigs, Jr. 
 
 ^^Legislative Council — Abraham Van deBurgh, of Vin- 
 cennes ; Robert' Oliver, of Washington county ; Colonel 
 David Vance, of Belmont coutity ; Jacob Burnet and 
 James Finley, of Hamilton county ; Solomon Sibley, of 
 Detroit. 
 
 ^'Members of Congress from the Territory — Paul Fearing, 
 Gen. William H. Harrison, William McMillan. 
 
 '''■Members of the Territorial Legislature from Washington 
 County — Col. Return J. Meigs, Paul Fearing. Second — 
 Wm. R. Putnam, Ephraim Cutler. 
 
 '■'■Civil Officers of Washington County — Judge of Court of 
 Probate, Paul Fearing. 
 
 '■'■Justices of Court of Common Pleas — Dudley Wood- 
 bridge, Isaac Pierce, Daniel Loring, Griffin Green, Pere- 
 grine Foster, Ephraim Cutler. 
 
 '■'■ Prothonotary and Clerk of Sessions — Benjamin Ives Gil- 
 man. 
 
 ^^ Sheriff — Ebenezer Sproat. 
 
 '■'■Coroner — Charles Green. 
 
 ^'Justices of Court of Quarter Sessions and Justices of the 
 Peace — Isaac Pierce, Dudley Woodbridge, Thomas Lord, 
 Robert Oliver, Griffin Greene, Ephraim Cutler, Robert 
 Safibrd, Alvin Bingham, John AVilkins, William Harper, 
 Brewster Higley, John Robinson, Joseph Barker, William 
 Burnham, Joseph Buell, William Rufus Putnam, Thomas 
 
 Stanley, Samuel Williamson, William Whitten, Wing,. 
 
 Samuel Carhart, John Mclntire." 
 
 This address, delivered in 1829, over sixty years ago,, 
 may be regarded as the starting point of a line of his- 
 torical inquiry that has since been followed up by Dr. 
 Hildreth * and others. At the time of its delivery it was 
 
 * Dr. Samuel Prescott Hildi-etli was born in Methueii, Essex county, 
 Mass., September 30, 1783. He received a diploma from the Medical 
 Society of Massachusetts in 1805, and came to Ohio in 1806, settling at 
 Marietta, where he acquired a large and successful practice. Dr. Hil- 
 
Life of Ephraim Cutler. 205 
 
 the first public efibrt to preserve the memory of the noble 
 founders of Ohio from oblivion, and was received with 
 great satisfaction by the old pioneers who were then liv- 
 ing, and has stimulated their posterity to subsequent 
 efforts in the same direction. It was then regarded as 'a 
 valuable contribution to authentic history, and the soci- 
 ety, before whom it was delivered, requested a copy 
 through their secretary. Dr. S. P. Hildreth, for publica- 
 tion. It came into the hands of Hon. S. F. Yinton, who 
 wrote to Judge Cutler, December 21, 1829 : 
 
 " I received by this day's mail your address to the Wash- 
 ington County Agricultural Society, which I have perused 
 with great pleasure, and, as one of the individuals com- 
 posing the great and growing western family, I can say 
 with much sincerity that I feel under great obligations to 
 you for the valuable historical information it contains. 
 The history of the early settlement of Ohio, and the suf- 
 ferings of the early settlers, are but imperfectly known 
 even in our own district of country. Your address will 
 have a wide circulation, and dispel the darkness that has 
 heretofore enveloped that portion of our history." 
 
 dreth is belter known, however, by liis literary productions, the prin- 
 cipal of which are "Pioneer History," published in 1848, and "The 
 Lives of the Early Settlers of Ohio," published in 1852, under the 
 auspices of the Ohio Historical i^ociety, of Cincinnati. Besides these, 
 he made many valuable contributions to various medical, historical, 
 and scientific journals. He died July 24, 1863. 
 
206 Life of Ephraim Cutler. 
 
 CHAPTER IX. 
 
 EoADS — Marietta and Chillicothe Turnpike — Baltimore 
 AND Ohio Railroad — 1837-39. 
 
 From the time of his arrival in the Territory North-west 
 of the Ohio, in 1795, Ephraim Cutler was active in open- 
 ing roadways through the wilderness. The settlements- 
 on the Ohio Company's Purchase, begun in 1788, had been 
 located on the banks of the Ohio and Muskingum rivers, 
 and the usual mode of communication between them was 
 by small boats on those streams. The Indian war pre- 
 vented the making of roads, but, on the return of peace, 
 when the people left the garrisons to occupy their lands 
 and form new settlements remote from the rivers, these 
 became a positive necessity. Being a practical surveyor, 
 he was able to aid in the development of the country by 
 laying out many short roads for the convenience of the 
 settlers. Besides these, he surveyed and cut out a road 
 forty miles through the forest, from Waterford to the Salt 
 Works in Muskingum county, in 1796; and, as has been 
 stated, a few years later, the road from Federal Creek to 
 the Muskingum, and was also employed in locating the 
 eastern portion of the road leading from Marietta to Cin- 
 cinnati, in 1801. Washington county includes a large ex- 
 tent of broken, hilly country, traversed by numerous 
 streams, presenting an unpromising surface for the con- 
 struction of good roads — difficulties which a century of 
 occupation has not yet fully overcome. 
 
 To promote commercial enterprise, and for the benefit 
 of travelers, the citizens of Marietta and vicinity sought 
 legislative action to secure the construction of a turnpike 
 road from Marietta to Chillicothe. 
 
 January 18, 1830, the general assembly appointed "Jas. 
 
Life of JEphraim Cutler. 207 
 
 T.AVorthington, of Ross county, Charles Harper, of Athens 
 county, and Ephraim Cutler, of Washington county, com- 
 missioners to view and lay out a i-oute for a turnpike road 
 from Marietta through Athens and McArthurstown to 
 Chillicothe."' The canal commissioners were to provide a 
 competent engineer to surve}^ the road and make estimates 
 of the cost of its construction. A year passed before Mr. 
 Andrew Young was detailed for that service. In January, 
 1831, the survey was commenced at a point near Chilli- 
 cothe, and a careful and laborious examination was made 
 of different routes to Athens ; from thence it was contin- 
 ued down the valley of the Hockhocking sixteen miles, 
 and thence across the country to the mouth of Little 
 Hocking, and up the valle}^ of the Ohio to Marietta. 
 Another more northern, or hill route, was surveyed from 
 Marietta to Athens. The enterprise was subjected to 
 many delays. The engineer's report was not ready before 
 January, 1834, and then the commissioners, in their report 
 to the legislature, were not united in opinion on the route 
 from Marietta to Athens. General Worthin^ton and 
 Judge Harper recommended the valley route, while Judge 
 Cutler reported in favor of the northern or hill route, giv- 
 ing his reasons therefor. The final action of the le<?isla- 
 ture was taken five years after the commissioners were 
 appointed, and the result was announced to Judge Cutler 
 by a note from Isaac Humphreys, Esq., who then repre- 
 sented Washington county. He writes : 
 
 "Knowing the deep interest you feel in being fully sus- 
 tained in your minority report, regarding the Hocking 
 valley and the hill route through Amestown, Berne, Wes- 
 ley, etc., although much indisposed, deem it my duty to 
 inform you without delay, that the northern or hill route 
 is linally fixed on as the permanent route. We dare not, 
 previous to its being established, ask for an appropriation, 
 but now we can turn our attention to that very desirable 
 object. An appearance of returning health induces me to 
 believe that much attention can be given to the subject." 
 
 Believing that the lack of suitable highways had re- 
 tarded the development and hindered the prosperity of 
 
208 Life of Ephraim Cutler. 
 
 that part of the state which the turnpike was expected 
 to benefit, and that a more liberal policy was due from the 
 state to this section, Judge Cutler writes : " Our citizens 
 feel that they have a claim on the state, founded on the 
 broad basis of justice. A short history of our political 
 relations with other portions of the state will, we think, 
 illustrate this very clearly. The most of the land through 
 which this road has been surveyed, was among the first 
 ever purchased in Ohio. It has been taxed for every pur- 
 pose for which lands have been taxed since the first 
 establishment of civil order northwest of the Ohio, and for 
 a long time when only a very small portion of other lands 
 in the state were taxed at all. It is remembered by us 
 that the convention which formed our state government, 
 entered into an agreement with the United States to ex- 
 empt all their lands from taxation for five years after they 
 had been sold. And we remember, also, that for more 
 than twenty-three years the whole amount of revenue for 
 civil government, direct taxes to support the late war, and 
 for pui'poses of a general nature, was raised from a tax on 
 land alone ; and that this whole district was oppressively 
 taxed by the unequal operation of the old system of taxa- 
 tion. While the purchaser of United States' lands has 
 been exempted from the payment of not more than ten 
 dollars, propably, on each 160 acres he may have pur- 
 chased, every foot of our land was taxed until at length, 
 in many instances, more money has been paid in taxes 
 than the land is now worth. We have also, with cheer- 
 fulness, paid our proportion of the expense in constructing 
 the canals and other improvemen.ts to promote the pros- 
 perity of other portions of the state." Opposition sprang 
 up from unexpected quarters, and no appropriation was 
 made to build the turnpike. 
 
 The people of Marietta, wdiile endeavoring to secure 
 a turnpike road to Chillicothe, were at the same time 
 seeking to improve their means of communication with 
 the eastern cities. The merchandise to supply this section 
 of country was then brought over the mountains in 
 wagons ; and horses, cattle, sheep and swine went on foot 
 
Life of Ephraim Cutler. 209 
 
 to those distant markets. A o;ood road from the eastward 
 to the Ohio was much desired. Such a road was in pro- 
 cess of construction from Winchester, Virginia, as early 
 as 1831, and to secure its direction toward Marietta was 
 the object of the subjoined correspondence. 
 
 " To Ephraim Cutler, Esq : 
 
 '■''Dear Sir: — Since our conversation with you the other 
 day, on the subject of Winchester, Ya., road, as connected 
 with the turnpike from Marietta to Chillicothe, a number 
 of the citizens of Marietta have been together and con- 
 sulted on the best mode of conducting the subject. Our 
 course is to request you to make out a statement of the 
 route surveyed ; its advantages as connected with that 
 road, and the communication with the Ohio canals by the 
 Muskingum Valley ; and address it to the undersigned. 
 
 " This will be forwarded to Mr. Duncan, of Clarksburg, 
 Va., who is now in Richmond, and will lay it before the 
 governor, with whom the final location rests. Mr. Duncan 
 has been addressed on the subject, and is decidedly in 
 favor of the mouth of the Muskingum, as are also one 
 half of the people of Clarksburg. It is desirable to have 
 your communication as early as possible, that it may be in 
 Richmond by the first of July. 
 
 " We are, respectfully, your obedient servants, 
 
 S. P. HiLDRETH, 
 
 Arius JSTye, 
 a. v. d. joline, 
 Augustus Stone, 
 L. Barber." 
 " Marietta, Ju7ie 17, 1831. 
 
 To this letter the following reply was made : 
 
 " Warren, Jwi.e 20th, 1831. 
 " Gentlem.en : I have your note before me, and in comply- 
 ing with your request, will endeavor to give a brief state- 
 ment of the subject. 
 
 " The survey of the route for the turnpike from Marietta 
 14 
 
210 Life of Ephraim Cutler. 
 
 by Athens, to Chillicothe, was made in January and 
 February last, some part of which is under consideration 
 of the commissioners and will not be determined until 
 further examination is made. It will probably intersect 
 the Hockhocking Valley about two miles above Athens, 
 and thirty-nine from Marietta, and about forty miles below 
 Lancaster, By laying a line on one of our most correct 
 maps, with one end at Washington city, and the other at 
 Chillicothe, it is found to very nearly intersect Winchester, 
 Romney, Clarksburg, and Athens. The commissioners, 
 in fixing the location of the Marietta and Chillicothe turn- 
 pike have aimed to keep as near this line as the nature 
 of the country will admit. They anticipated that Virginia 
 would authorize the establishing of the Winchester road, 
 and it is obvious, that by connecting these roads at the 
 Ohio River, a valuable national purpose will be attained. 
 An avenue, the most direct, from the seat of the Xational 
 Government to the heart of Ohio, and also to the Ohio 
 canal by the valley of the Muskingum, are benefits that 
 must result therefrom. 
 
 "By the late census, the counties of Washington, Meigs, 
 Athens, Hocking, Jackson and Ross have attained to a 
 population of 61,677. A district of country, composed of 
 the county of Morgan, the northern part of AYashington 
 and Athens, and the southern part of Perry and Hocking 
 counties, is at this time, very rapidly filling up with 
 emigrants from various parts, a large portion of whom 
 were originally from Virginia. The attention of the en- 
 terprising and industrious has lately been attracted to this 
 region by the facility with which salt water is procured 
 in the valleys of Muskingum and Hockhocking; and 
 also by the success which has attended the raising of 
 sheep, which is becoming an object with farmers through- 
 out this section. There is little doubt that this district 
 will continue to increase in population and wealth as fast 
 as any portion of the state. Few counties in Ohio have 
 increased in a greater ratio than Morgan county during 
 the last decade. The number of inhabitants ten years ago 
 was about 5,000, at the late census it was 11,800. 
 
Life of Ephraim- Cutler. 211 
 
 "All the counties which I have named are interested in 
 these improvements. The nearest point on the navigahle 
 waters that flow into the Atlantic is Alexandria or Wash- 
 ington City. Some portions of these counties are peopled 
 almost exclusively from Virginia. They, naturally, would 
 renew their trade and intercourse with their native 
 country. 
 
 " The roads that already lead into Marietta, as to a focus, 
 are from Clarksburg, Wheeling, Woodsfield, Barnsville, 
 Cambridge, Zanesville, Lancaster, Chillicothe, Gallipolis, 
 Charleston, Va., etc. The most of these are post roads, 
 and stages will soon he established on the greater part of 
 them. There is no other point on the Ohio where such a 
 road could intersect it, which has equal advantages. 
 
 " The navigation of the Muskingum, and a connection by 
 it with the Ohio canal, is a matter of consequence para- 
 mount to all others. The natural course of trade seems to 
 he that business begets business. The salt manufactories 
 on the Muskingum and Hockhocking bid fair to compete 
 with the Kew York and Kanawah salines, and must 
 greatly increase business and wealth. 
 
 " The improvement in the farming interests, in the 
 raising of horses, cattle, sheep and hogs, is evident ; and 
 much of the increase will seek a market in Virginia and 
 Maryland through this channel. The commercial inter- 
 course which must ensue between Alexandria, Winchester, 
 etc., and this section ot country, will be considerable. 
 These facts, taken together, are sufficient to awaken the 
 attention of every lover of his country to these improve- 
 ments, and to the importance of having them properly 
 located. 
 
 " You are at liberty to make what use you please of these 
 suggestions, which I have very hastily and crudely thrown 
 together. 
 
 " With great respect, I am yours, 
 
 Ephraim Cutler." 
 " Dr. S. P. Hildreth, Arius Nye, Esq., A. V. D. Joline, 
 Col. Augustus Stone, Col. Levi Barber." 
 
212 Lije of Ephraim Cutler. 
 
 To return to public improvements in Ohio. While the 
 fate of the Marietta and Chillicothe turnpike was still un- 
 decided, the improvement of the Muskingum river, by- 
 slack water navigation, began to attract public attention 
 in Washington county. The general interest in this sub- 
 ject was fully shared by Judge Cutler. The following 
 letter from Mr. Humphreys to him shows that this meas- 
 ure met with much less opposition than the turnpike en- 
 countered. 
 
 Mr. Humphreys writes from Columbus, on the 19th of 
 December, 1835 : 
 
 " It is probable that Mr. Morris will not bring his turn- 
 pike bill forward this session, as he is engaged in a plan 
 to render the Hockiug navigable by canal to Al^hens, and 
 from thence to the Ohio by a slack-water navigation. It 
 is probable that during next week a bill will be presented, 
 pursuant to notice, for improving the Muskingum. . . . 
 Our prospects of success are not only favorable, but very 
 favorable. Yet all depends on our future relations with 
 France. If we should be engaged in war, the state will 
 not engage in any further loans to complete her grand 
 system of internal improvements. The entire representa- 
 tion, from Cleveland to Zanesville, and thence to the town 
 of Marietta, of Meigs, Athens, Perry, and Richland, will 
 aid in supporting and voting for the measure, and my 
 hopes of success are flattering." 
 
 Happily, Mr. Humphreys's hopes were not disappointed. 
 The bill passed the legislature, and an appropriation of 
 $600,000 was made to begin the work, which has proved 
 to be of permanent value. 
 
 With this improvement assured, the people of Marietta 
 and Washington county renewed their efforts to secure an 
 outlet toward the sea-board, which they hoped to obtain 
 through the Baltimore and Ohio Eailroad, now slowly 
 progressing westward; and they selected Judge Cutler as 
 their agent in the matter, as will be seen from the follow- 
 ing correspondence : 
 
Life of Ephraim Cutler. 213 
 
 "Ephraim Cutler, Esq.: 
 
 '■'■Dear Sir — We wish for some person to go along the 
 route from this place to "Western Port, and on to Balti- 
 more, in order to arouse the people on the line to their in- 
 terests, collect facts, and remain at Baltimore as long as 
 necessary to promote the objects of the committee. 
 
 "Will you have the goodness to take this subject into 
 
 consideration, and let us know, as soon as possible, if you 
 
 would undertake it yourself? We are of opinion that you 
 
 are better qualified to perform this duty than any other 
 
 person near us, and think it important that we should 
 
 move speedily in this matter. 
 
 " Nahum Ward, 
 
 "Augustus Stone, 
 
 "John Mills, 
 
 " C. Emerson, 
 
 "Marietta, March 13, 1837. Railroad Committee" 
 
 The object of the committee in the proposed mission is 
 more fully stated in a letter received two weeks later, 
 dated Marietta, March 27, 1837 : 
 
 " To THE Hon. Ephraim Cutler : 
 
 ".S'?r — The undersigned, a committee appointed by the 
 citizens of the county of Washington for the purpose of 
 laying before the President and Directors of the Baltimore 
 and Ohio Railroad Company the important and various 
 advantages that must result both to the public and said 
 company by running said railroad from Winchester, or 
 some point from the top of the mountains on the route to 
 this place, have appointed you as their agent, to proceed 
 from this j^lace by way of Clarksburg, Romney, King- 
 wood, and Winchester, and from thence to the city of 
 Baltimore. 
 
 "You will take notes as you pass over the country, such 
 as may be useful to us, and interesting to the furtherance 
 of our object, to be laid before the president and directors 
 of said R. R. Co., and especially to direct your attention 
 to that part of the route on the waters of Savage river to 
 
214 Life of Ephraim Cutler. 
 
 AVinchester, of "whicli no recognizance was taken by Bar- 
 ney and Trimble. Tbis may be important for you wben 
 you reacb Baltimore. 
 
 "You will endeavor to awaken tbe citizens of Virarinia 
 on tbe route to call meetings, and bave corresponding 
 committees appointed to solicit tbe furtber examination 
 of tbis route, by tbe Board of Directors of said R. R. 
 Company, and set fortb in strong terms tbat unless tbe 
 citizens on tbe route from tbis to Harper's Ferry will take 
 an active interest it may fail altogetber. It is very natural 
 to suppose tbat if tbe route from Wincbester to tbis place 
 is adopted by said R. R. Company, as one track, tbat tbe 
 State of Virginia will make a very liberal subscription to 
 tbe stock ; and you may bold out to tbe president and di- 
 rectors, on your arrival in Baltimore, tbat tbe State of 
 Obio will stand ready to take up tbis road from Mari- 
 etta and extend it to tbe lake at tbe moutb of Black 
 River. 
 
 " We will suggest to you tbe propriety of consulting 
 some of tbe principal citizens of Baltimore, wbo take an 
 interest in our route, previous to your calling on tbe presi- 
 dent and directors of said company. 
 
 "You will endeavor to obtain from tbe Board of Direc- 
 tors some definite expression as to tbe furtber examina- 
 tion of our route by said company, in order tbat we 
 may take sucb furtber steps as may, in tbat case, be most 
 advisable. 
 
 " Wben you bave accomplisbed tbe object of tbis mis- 
 sion you will return direct to tbis place, or by tbe route 
 you go on, as you may deem most advisable. If, as is to 
 be boped, you make a favorable impression upon tbe 
 Board, and can obtain in writing from the President a 
 favorable expression tbat will, in yoiir opinion, justify you 
 in making report to tbe citizens on tbe line of our route 
 verbally, in order to excite tbem to immediate action ; 
 perbaps it will be tbe best course to pursue. 
 
 " On your return you will please make known to us tbe 
 result of your agency. 
 
Life of Ephraim Cutler. 215 
 
 "Wishing you great prosperity and a safe return, we 
 are respectfully, 
 
 " Your obedient, humble servants, 
 
 JS'ahum Ward, Augustus Stone, 
 
 Caleb Emerson, David Barber, 
 John Mills, Joseph Barker, 
 
 Railroad Committee for Washington County, Ohio."" 
 
 A long journey on horseback, over roads far from good 
 at any time, and almost impassable in the spring season, 
 through storms and across swollen streams, where there 
 were no bridges or ferry-boats, was not a pleasure excur- 
 sion to a man seventy years old, and to one less resolute 
 and inured to the saddle, would have been impossible. 
 
 He left Marietta for Baltimore, March 30, 1837. In 
 the fragmentary notes written during this trip he says : 
 ^' In crossing the Monongahela River, my horse swam 
 nearly the whole distance across, the water coming almost 
 over his back. I received no other damage, by the good- 
 ness of Providence, than having my boots filled and my 
 clothes somewhat wet. ISTine miles of the turnpike to 
 Clarksburg is finished, and the traveling on it very bad." 
 He spent two days in Clarksburg, where, he writes: "A 
 very respectable public meeting was held by the citizens 
 of the town and county, which I was invited to address, 
 and give information on the subject of my mission. I was 
 listened to with the most flattering attention, and they 
 passed resolutions approving the project, and appointed a 
 committee to memorialize the Baltimore & Ohio directors." 
 
 The morning he set out from Clarksburg the ground 
 was white with snow, and he rode to Pruntytown through 
 a very severe snow-storm. The weather continued inclem- 
 ent, and more or less snow fell for several successive days. 
 He pursued his journey through Kingwood, where " they 
 have no confidence in the railroad," forded several streams, 
 and ferried over Cheat River in another violent snow- 
 storm. When he came to the north branch of the Poto- 
 mac he writes : " The branch can not be rode with safety, 
 having risen by a heavy rain last night, so as to be dan- 
 
216 Life of Ephraiin Cutler. 
 
 gerous passing. No bridges in this part of Virginia. I 
 am astonished at the miserable appearance of "VVestern- 
 port. Sargent's building, three stories high, designed for 
 a warehouse and store, erected more than thirty-five years 
 ago, and then left unfinished without windows or doors, 
 remains in much the same condition, excepting decay, and 
 so it has been all these years. As there is no flatboat in 
 which I can cross the branch with my horse, I shall pro- 
 ceed to Black Oak Bottom." At Cressapstown, where he 
 spent the Sabbath, the mountains were white with snow. 
 The next day he set out for Romney. " The sun has once 
 more gladdened the face of nature. Since I left home I 
 have encountered cold, stormy, windy weather ; it has been 
 cloudy every day except one, and snow or rain has fallen 
 some part of each day. ... I am surprised at the 
 appearance of the country since I left Clarksburg. I find 
 the same log-cabins, with few or no additions, that were 
 here twenty or thirty years ago." Although he remarks 
 upon this lack of progress, he was much impressed with 
 the great natural advantages of the region through which 
 he passed, commenting on its vast water power, valuable 
 timber, and rich deposits of coal and iron. Fifteen days 
 after leaving Marietta he arrived at Winchester, where he 
 sold his horse and •' went on to Baltimore by railroad, one 
 hundred and twenty miles, traveling about nine hours." 
 
 April 17, 1837, he writes from Baltimore : " I came here 
 on Friday, the 14tli, and the next day delivered my letters 
 of introduction. One was to Mr. James Thompson, for- 
 merly of Ohio, a commission merchant with whom I had 
 a slight acquaintance. He at once, in a very handsome 
 manner, invited me to take up my quarters at his house. 
 Yesterday, Sabbath, I heard from the Rev. Mr. Duncan an 
 excellent lecture on the eighth chapter of Romans. I have 
 seldom heard a more impressive discourse, or one more 
 satisfactory to me. 
 
 " The terrible financial crash, the immense failures at 
 New Orleans, amounting to many millions, and more espe- 
 cially at New York, where about one hundred and fifty in- 
 dividuals have failed, as some accounts state, for not less 
 
Life of Ephraim, Cutler. 217 
 
 than $90,000,000, has alarmed, convulsed, and confounded 
 all. ]N"othing could be more in opposition to my hopes of 
 success, than this appalling state of things, but I have de- 
 termined not to relax my endeavors to draw attention to the 
 object of my mission here. The proceedings of the rail- 
 road meeting, held at Clarksburg on my way to this place,, 
 are being published in all the Baltimore papers." 
 
 On April 25th, he writes : " I have not yet seen the Board 
 of Directors together, but have met and conversed with a 
 number of them, and have explained the importance of a 
 re-examination before the route is decided upon. Some of 
 them are very ignorant of Ohio, and know but little of the 
 geography of the country through which the road is to 
 pass. One director assured a friend of mine, that Marietta 
 was two hundred and fifty miles farther than Wheeling 
 from Baltimore ! Others, however, are better informed,, 
 and comprehend the propriety of moving in a straight, 
 direct line, in preference to a curve, in order to arrive at a 
 given point, and readily give assurance of support to our 
 petition for an examination and survey. The Board consists 
 of twenty-four members, a number of whom are Quakers, 
 said to be under the control of Mr. Thomas ; another por- 
 tion are merchants whose business and correspondence 
 connect them to a great extent with Pittsburg and Wheel- 
 ing. Those who thought at all ori the matter supposed that 
 it was settled that the road must go to one or both of these 
 places. The subject has been much discussed by all parties, 
 and I am told that public opinion is greatly changed. In- 
 telligent men here, after the whole matter is explained, freely 
 acknowledge that the route to Marietta ought to be adopted. 
 
 " The Board, as yet, has taken no action farther than tO' 
 procure from Government a corps of engineers, who are 
 now examining five ditierent routes : 
 
 " 1st. To Boonesboro and Hagerstown. 
 
 " 2d. To Cumberland and mouth of Savage, by Win- 
 chester and Romney. 
 
 " I have had a long and interesting conversation wnth Mr. 
 Knight, the head of this party, who did not hesitate to give 
 his opinion that this would be the route adopted, with a 
 
218 Life of Ephraim Cutler. 
 
 lateral road from Romney to Cumberland, and that the main 
 stem would go direct to Savage, up that stream and Crabtree, 
 and cross the Back-bone near Armstrong's in the Glades. 
 
 " 3d. A party are examining from Back-bone to Wheel- 
 ing. 
 
 "4th. One from Cumberland, up Wills creek, by Castle- 
 main river, to Pittsburg. 
 
 " 5th. Another party from Cheat river to Pittsburg. 
 
 " It appeared to me that now was the time, if ever, to 
 
 secure an examination towards the Muskingum. I have 
 
 accordingly prepared a statement or memorial to present 
 
 to the Board of Directors, explaining the situation of our 
 
 section of country, with the prospect of future useful and 
 
 extended improvements from Marietta and points on the 
 
 Muskingum." 
 
 " Memorial : 
 
 " To the President and Directors of the Baltimore and Ohio 
 Bailroad Company : 
 
 " The undersigned, appointed by the citizens of Marietta 
 and Washington County, Ohio, to lay before your honor- 
 able body the important and various advantages that must 
 result to the public generally, and particularly to the City 
 of Baltimore, and to the Baltimore and Ohio Railroad 
 Company, by running said road from Harper's Ferry in a 
 direction for, and iinally to reach the Ohio at or near the 
 mouth of the Muskingum river, would most respectfully 
 represent : 
 
 "That the people of the valley of the Muskingum have 
 understood by the memoirs and reports of the corps of 
 -engineers, made April, 1828, that it was assumed as prac- 
 ticable to construct a railroad by way of Savage river, 
 through Preston, Harrison, and Wood counties, Va., to 
 reach the Ohio, at, or nearly opposite, the mouth of Mus- 
 kingnrn river. 
 
 " With a view of presenting to the notice of your hon- 
 orable body the great importance to the city of Baltimore 
 and the Railroad Company, with the benefits which must 
 ensue by adopting this route, the undersigned will confine 
 himself, principally, to the facts and prospects which may 
 
Life of Ephraim. Cutler. 219 
 
 reasonably be expected to attend the extending this great 
 national improvement to this point ; and notice, also, some 
 works of corresponding utility now being constructed, or 
 which are confidently anticipated from the enterprising 
 energy of the western people, which must increase, event- 
 ually, the commerce of Baltimore and the revenue of the 
 railroad to an amount which can not fail to realize the 
 most sanguine expectations of their friends. 
 
 " 1st. Your attention is solicited to the importance of 
 connecting this conveyance of goods and passengers with 
 the steamboat navigation on the Muskingum, which must be 
 completed to the Ohio canal within three years, as all the 
 locks and dams are under contract, and are now progress- 
 ing with energy to consummate this object. There is 
 little room to doubt that the favorable opinion of the 
 Board of Public Works will induce the legislature of Ohio 
 to construct (on account of the state, or by authorizing a 
 company) a continued steamboat communication, by the 
 way of the Walhonding, Kilbuck, and Black rivers to 
 Lake Erie. This measure, when accomplished, will pro- 
 vide, for this cheap and speedy mode of communication, 
 in a distance of 200 miles, a connection of the great north- 
 ern with the southern waters. There is mucli reason to 
 expect that at no distant period a railroad will be made 
 from Marietta up this valley to the mouth of Black river, 
 as this can be effected at a comparatively small expense, 
 there being no elevation to excavate or high summit to 
 pass over. It would also unite the interests of a region 
 •destined to be as important as any of equal extent in this 
 or any other country, already abounding with an immense 
 amount of surplus produce, and tobacco, also salt, coal, 
 and iron in inexhaustible abundance. The hydraulic 
 power which must soon be ready for application, of which 
 it is declared by the Board of Public Works, that ' the 
 Muskingum will yield an amount that has no parallel in 
 the United States,' and much of which, between Marietta 
 and Zanesville, will soon be employed in great manufjic- 
 turing establishments. All these combined can not fail to 
 produce a most favorable etiect on your ffreat interest. 
 
220 Life of Ephraim Cutler. 
 
 " 2d. Tlie importance of a continued western route from 
 Marietta to Athens and Chillicothe is also submitted to 
 your consideration. A route for a turnpike road has been 
 examined, between these points, by commissioners, assisted 
 by a skillful engineer appointed by the state ; the route 
 has been established by the legislature of the state, and a 
 company incorporated to effect the accomplishment of this 
 object. To Athens, there is a canal in construction from 
 Lancaster; thus a communication will be opened with that 
 valley, which also abounds with mineral riches, such as 
 iron, salt, coal, and probably others of commercial im- 
 portance. But by the survey of this road, another im- 
 portant fact is brought to view, in determining that a rail- 
 road may easily be constructed from Marietta to Chili- 
 cothe, a distance of 100 miles, and thence to Cincinnati in 
 nearly the same direction 100 miles further, which would 
 connect the interests of the emporium of trade in the 
 west with Baltimore, by a distance which will not much 
 exceed 500 miles, which is most certainly far the shortest 
 route that can ever be contemplated, it being a geograph- 
 ical fact that a straig-ht line drawn from Baltimore to Chili- 
 cothe will intersect Clarksburg, Marietta, and Athens, a 
 very small deviation to the left will reach Cincinnati, and 
 to the right, Dayton or Indianapolis. 
 
 " 3d. The importance of this route is increased by pass- 
 ing directly through the rich mining regions in Preston, 
 Harrison, and Wood counties, Va., whose forges and fur- 
 naces must soon darken the air with their smoke, and 
 yield a stream of wealth to enliven commerce, both at the 
 east and the west. 
 
 " 4th. And the superior advantages in providing a route 
 which will enable the western merchant to procure his 
 goods at an earlier period in the spring, and one not liable 
 to disappointments from low water oi* ice in the Ohio, will 
 not escape the notice of the intelligent merchant. In 
 comparing the advantages ©f Wheeling as a place of desti- 
 nation for the road, with Pittsburg, it has been justly ob- 
 served that 'the Ohio is sometimes too low in summer, 
 and in winter is mostly frozen.' This will apply with 
 
Life of Ephraim Cutler. 221 
 
 «qual justice in the comparison between Wheeling and 
 Marietta, as the Ohio receives no accession of water by 
 any large stream to benefit the navigation above Marietta 
 and below Pittsburg, and the difference in latitude be- 
 tween. Wheeling and Pittsburg is indeed small. 
 
 "The distance between Baltimore and the mouth of 
 Muskingum, and of the same from Wheeling, are about 
 the same; and no reason has yet been assigned to show 
 that the expense of constructing the road to the one will 
 exceed the other; the expense of carriage on the road 
 must necessarily be equal ; the saving, then, of distance in 
 travel to all destined to the Muskingum and below, must be 
 at least eighty miles. The traveler would also arrive at a 
 point where he would seldom meet with any difficulty in 
 descending the Ohio from the causes assigned as objec- 
 tions to A\nieeling and Pittsburg; the merchant of the 
 West would thus be enabled to have his goods conveyed 
 more regularly, and more in season for his customers than 
 he could possibly obtain them from New York or Phila- 
 delphia by the way of Pittsburg, and of course your city 
 would, to a great degree, be placed beyond competition 
 from those places. 
 
 " In conclusion, it may not be improper to remark that 
 great confidence can safely be placed in the co-operation 
 of the state authorities of Ohio for granting every aid to 
 advance the views and best interests of the city of Balti- 
 mcfi'e and the company, if their measures should promise 
 reciprocal advantages, such as will, in the end, insure the 
 mutual benefit of the great body of their people, and of 
 the said company. 
 
 "It is matter of history that Ohio, with a boldness and 
 energy without a parallel, entered into the most extended 
 system of internal improvements (even while all others 
 were in experiment), and their success, hitherto, has far 
 exceeded their most sanguine expectation, benefiting, in a 
 greater or less degree, every portion of the state. The 
 people, therefore, will ever be ready to sustain their gov- 
 ernment in all enlightened measures, without regarding 
 the magnitude of the undertaking. They also look upon 
 
222 Life of Ejphraim Cutler. 
 
 Baltimore as placed in a geographical position, uniting 
 greater natural advantages, as a great commercial mart 
 on the Atlantic waters, to supply their wants and receive 
 their produce, than any other. 
 
 " The undersigned would, in behalf of those he repre- 
 sents, most earnestly solicit the consideration of the views 
 he has the honor to present, and would most respectfully 
 ask (if it is not inconsistent with your arrangements) that 
 a further examination of the route, which has herein been 
 presented, be ordered, and also inquiry made, not only of 
 the facts stated, but of numerous others bearing favorably 
 on this important subject. For a further and more lumi- 
 nous exposition of the benefits which must accrue to the 
 city of Baltimore and to the railroad company, he would 
 refer you to the accompanying expose of a committee of 
 Washington County, signed by ISTahum AVard and others, 
 and notices of reports from the Board of Public Works, 
 and engineers acting under their authority. All which is 
 herewith most respectfully submitted. 
 
 " Ephraim Cutler, 
 '■'■Agent of the Citizens of Washi/igton County, Ohio. 
 " Baltimore, April 25, 1837."' 
 
 The Hon. Lewis McLane, President-elect of the Balti- 
 more and Ohio Railroad, was at that time in iSTew York. 
 Judge Cutler's friends in Baltimore advised him to go and 
 see Mr. McLane, in whom all placed entire confidence. 
 Unwilling to return without some assurance that the 
 examination asked for would be authorized, he went to Kew 
 York, and from the Mansion House, in that city, writes : 
 
 " May 1, 1837. — This morning I called on the Hon. 
 Lewis McLane, introduced by Dr. Coe, of Lidianapolis, a 
 very interesting man, with whom I became acquainted in 
 Baltimore. I gave Mr. McLane my letters of introduction 
 from Hon. Thomas Ewing, Hon. S. F. Vinton and others, 
 with the memorial which I had prepared. He received 
 me with much politeness, and assured me that the point 
 where the road should reach the Ohio was a matter left 
 open, or he would not have accepted the appointment of 
 
Life of Ephraim Cutler. 223 
 
 President. After a pleasant interview he named the next 
 evening for a further conference, when the whole subject 
 can be fully discussed." Writing later he says : " Mr. 
 McLane gave me a most courteous and favorable hearing, 
 and promised to promote the object of my mission, but 
 said that in the present state of the country, as respects 
 monetary affairs, nothing farther could be done than to 
 Diake examinations, but that I might rely upon it the 
 route I recommended should be examined, and no route 
 would be established until the people I represented had an 
 opportunity to make farther representations. 
 
 " Eespecting financial matters, all are in confusion and 
 dismay here. A gentleman who visited me in Ohio more 
 than thirty years ago, now a most respectable merchant 
 here, told me that he had witnessed the embargo, the war, 
 the cholera, and the great conflagration, and that, all to- 
 gether, they did not occasion so much distress in New 
 York as the present crisis in money matters. How it will 
 end is known only to Him who rules according to His awn 
 wisdom, and can bring order and prosperity out of disaster." 
 
 Judge Cutlers interest in the improvement of the coun- 
 try by means of railroads was an abiding one. In Decem- 
 ber, 1839, he received, while at Harrisburg attending the 
 National Whig Convention, the following letter : 
 
 " Marietta, Ohio, November 30, 1839. 
 " Dear Sir : — At a meeting of citizens of this county, 
 held to-day in the court-house of this place, the under- 
 signed were appointed a committee for the purpose of 
 addressing the directors of the Baltimore and Ohio Railroad 
 Company in reference to the termination of said road on 
 the Ohio, so as to connect with the valley of the Muskingum. 
 As you have heretofore acted as agent of our citizens in this 
 behalf, and have acquitted yourself therein with great ac- 
 ceptance, we solicit your continued service in the agency, 
 and that you will immediately repair to Baltimore and 
 obtain interviews with the said Board of Directors, and 
 seek to impress on the minds of its members the great 
 importance of terminating the road in this section of the 
 
224 Life of Ej)hraim Cutler. 
 
 Ohio valley. The subject and its bearings and details are 
 so well known to you that we deem it unnecessary to add 
 further instructions. We ask your report as soon as prac- 
 ticable. We are, sir, very respectfully, 
 
 Nahum Ward, 
 John Mills, 
 Joseph Barker, Jr., 
 Augustus Stone, 
 Caleb Emerson." 
 
 The report asked for was made immediately after his 
 return home, and is as follows : 
 
 " N. Ward, Esq., Chairman of Railrood Committee, Etc. — 
 
 "Sir: — Agreeable to the request of the Committee, as 
 soon as the Convention at Harrisburg closed its business, 
 I took the railroad cars and proceeded to Baltimore via 
 Philadelphia. 
 
 " I found I could not have an interview with Mr. Mc- 
 Lane without remaining some time longer than I could 
 willingly devote to that object. I also believed that it 
 would answer as valuable a purpose to condense what I 
 suppose to be your views into the form of a letter addressed 
 to him, as to communicate them orally. A copy of what 
 I thus prepared accompanies this communication. 
 
 " I improved every available opportunity for obtaining 
 information respecting the extent of the operations of the 
 railroad company, their prospects and intentions. 
 
 " I find that they have completed the main stem of the 
 road eighty-two miles, exclusive of the Winchester por- 
 tion, which they also call the main stem. Though the 
 negotiation with the Virginia Company, relative to 
 merging the companies into one, is, I believe, not yet 
 fully accomplished, every member of the board spontane- 
 ously called the Winchester road the main stem, and said 
 it must ascend the Alleschanies to near Armstrong's in 
 the green glades. 
 
 " Mr. McLane only succeeded in Europe to negotiate a 
 sale of stock to the Barings and Company, London, to the 
 .amount of ten thousands pounds sterling per month, for 
 
Life of Ephraim Cutler. 225 
 
 a limited time, perhaps eight or ten months, which enables 
 them to continue the branch toward Cumberland, all of 
 which is now under contract, a large part finished, and 
 more or less done the M^hole way. It will probably be 
 completed next summer. None of the road above Har- 
 per's Ferry is in use at present. 
 
 " The company now have on hand $3,000,000 of the 
 state of Maryland, and |3,000,000 of the city of Baltimore 
 stocks, none of which are disposed of except those to the 
 Messrs. Barings, London, which is not expected to exceed 
 $500,000. They have now a project to render these stocks 
 available by issuing bills, as a currency, of all denomina- 
 tions, that shall suit the public convenience, even to less 
 than a dollar, stipulated to be redeemed in three years at 
 three per cent, interest ; and with this condition that 
 holders to the amount of $100 may receive a share of 
 stock, which is $100. They hope in this way to dispose of 
 a good portion of their stocks. 
 
 " They have collected on the 82 miles of road now in 
 use, upwards of $700,000 during the current year, being 
 an increase to a large amount by the burden cars, carrying 
 goods, produce, etc., also some increase of passengers. 
 The cost of the thirteen miles from Baltimore to Ellicot's 
 Mills was $60,000 per mile ; the remainder to Harper's 
 Ferry, $20,000 per mile. 
 
 " It is held out in the late reports that it will take 360 
 miles to reach the Ohio, without specifying the point 
 where. Those with whom I conversed were the individ- 
 uals who, when I saw them two years ago, supposed 
 Wheeling would be the place of termination. Although 
 the hopes of some, who did not take a correct view of the 
 difieulties to be encountered, have been disappointed, 
 I believe the intelligent are not discouraged, but with con- 
 fident assurance of success, anticipate its connection with 
 the Muskingum. 
 
 " With sentiments of respect for your honorable com- 
 mittee, and for yourself, I am as ever, 
 
 "Your devoted servant, 
 
 Ephraim Cutler." 
 15 
 
226 Life of Ephraim Cutler. 
 
 The communication made to the president of the Board 
 of Directors of the Baltimore and Ohio Railroad, men- 
 tioned above, was as follows : 
 
 " To the Honorable Louis McLane, President of the Baltimore 
 
 and Ohio Railroad Company : 
 
 " A committee of the citizens of Marietta, and Wash- 
 ington county, Ohio, appointed with especial reference to 
 collecting information on the subject of the Baltimore and 
 Ohio Railroad, have requested me to communicate with 
 you, and to respectfully state, that to them it appears 
 more clearly than at the time I had the honor to present 
 to you, in 1837, a memorial on the subject of extending 
 that great national work to the Ohio river, that to con- 
 summate this desirable object by giving it the direction to 
 the mouth of the Muskingum river, would produce the 
 greatest amount of public good, and prove far more bene- 
 ficial to the company than any other route which can be 
 adopted. 
 
 " In addition to what was stated in the memorial 
 referred to, they can now state the fact that the improve- 
 ments, by slack-water steam-boat navigation of the Musk- 
 ingum have been prosecuted with great spirit, and will 
 probably be completed the ensuing summer. That a 
 turnpike road has been constructed eastward from 
 Marietta sixteen miles, through Ohio, intended to connect 
 with the Winchester and Parkersburg roads in Virginia. 
 That turnpikes are in progress to Zanesville and to Lan- 
 caster; and that the public appear to be aroused in favor 
 of a railroad up the Muskingum to the Lakes, and west- 
 ward towards Cincinnati, and the Father of Waters. It 
 is presumed that to minds who cpnld years ago conceive 
 the project of constructing a railroad across the Alleghany 
 mountains, and could do so much towards its accomplish- 
 ment as has been already effected, it will not appear 
 chimerical that the people of Ohio and the West, deeply 
 as their interests are involved, should look forward with 
 strong expectation that the Baltimore and Ohio Railroad 
 will be continued until it reaches the Mississippi. Passing 
 
Life of Ephraim Cutler. 227 
 
 centrally through one of the most fertile portions of the 
 globe, containing now more than three millions of free, 
 independent, intelligent, and enterprising inhabitants, in- 
 creasing in numbers, improvements and wealth, far beyond 
 any former example — stimulated by every excitement 
 that can prompt the human mind to engage in great and 
 noble undertakings, and with every reason to expect 
 success — it appears to them that it must be accomplished. 
 
 " We apprehend that your progress for the present 
 meets with embarrassment, caused by the unsettled state 
 of monetary transactions, both in our ow^n country and in 
 Europe. We, however, earnestly and confidently hope 
 that this state of things will not last long, but that you 
 will soon ' put things right, and then go ahead ' with 
 accelerated motion. 
 
 " The importance of such a communication up the 
 Muskingum and through the West becomes every day 
 more apparent. Western Virginia looks to Muskingum 
 for salt ; Ohio and the westward will look to Western Vir- 
 ginia for iron. The West needs, and will seek her salt 
 from the Muskingum and Hocking valleys. It is probable 
 that millions of bushels of that article would be trans- 
 ported for a greater or less distance on the road, should it 
 be continued according to the foregoing suggestion. 
 Large quantities of tobacco are produced on or near the 
 route designated. It would also pass over the burr mill- 
 stone regions ; in other parts, grindstones and other stoue 
 for various uses, would add to the business and profits ot 
 this road. The foregoing articles are mentioned as addi- 
 tional sources of revenue to the vast amount of goods, and 
 all kinds of produce, which will seek a conveyance in this 
 manner. 
 
 " You will observe that a direct line drawn from Balti- 
 more to Chillicothe, Ohio, will intersect the point on the 
 Alleghany mountains, wiiere the road will probably cross ; 
 also Clarksburg, Va., and Marietta, Ohio. It could then 
 be continued westward through a country where a railroad 
 can be constructed with as little labor as in any other 
 region, and might also connect by a very short branch, 
 
228 Life of Ephraim. Cutler. 
 
 with Cincinnati. It would traverse a most fertile region, 
 now fiist becoming densely populated. Some of the 
 counties, and thbse among the earliest settled in Ohio, 
 have nearly doubled their inhabitants in the last four 
 years. The improvements made demonstrate the ability 
 to assist in making, as well as the need of such a work as 
 that in which you are engaged. In short, to us it appears 
 that it is but to persevere in the right direction, and the 
 fruition of every hope is certain. Baltimore must become 
 the commercial emporium of the United America. 
 
 " It is a subject of great interest to the gentlemen I 
 represent, and to the people of Marietta, and AVashington 
 county; and any information concerning your progress, 
 or whatever else you may think proper to communicate, 
 will be regarded as a favor, and be thankfully acknowl- 
 edged. Any such communication may be directed to 
 ]N'ahum Ward, Esq., Marietta. 
 
 "In case a survey, or further examination towards the 
 
 Ohio in the direction of the mouth of the Muskingum 
 
 should be directed by your company, any local information 
 
 or assistance will be most cheerfully rendered. 
 
 " With the highest consideration and respect, 
 
 Ephraim Cutler." 
 ''December 11, 1839. 
 
Life of Ephraim, Cutler. 229 
 
 CHAPTER X. 
 
 1837—1853. 
 
 Visit to IsTeav England — Presbyterian General Assembly 
 — Historical Association — Letters — Conclusion. 
 
 In 1837, while in New York on railroad business, Judge 
 Cutler received a communication appointing him a dele- 
 gate to the General Assembly of the Presbyterian Church, 
 which was to meet in Philadelphia. As more than two 
 weeks intervened before the assembly could convene, he 
 decided to go on to IS'ew England, which he had left in 
 1795, at the age of twenty-eight years, and had never re- 
 visited. Extracts from letters and memoranda, written at 
 this time, are here given : 
 
 " May 3, 1837. — Arrived at Killingly and went to the 
 house kept by Capt. Luther Warren on the hill. Called 
 on Mr. Simon Copp and Col. Torrey ; then went to see 
 my old minister and excellent friend, Rev. Elisha Atkins, 
 now in his eighty-seventh year. I found him as erect as in 
 his youth, and as graceful in his manners — a perfect gentle- 
 man. When I was introduced he said, ' Cutler ? Cutler ? 
 I once knew Ephraim Cutler, but he removed a long time 
 time ago to the West.' I said : ' I am the man.' He 
 clasped me in his arms and was so agitated that it took 
 him some time to recover himself ; at length he said : 
 ' There is not a man in tlie world I could be gladder to 
 see.' 
 
 "From Mr. Atkins's house we went to hear a lecture 
 from Mr. Holman, his colleague. The meeting-house is a 
 beautiful, well finished building, on a commanding site on 
 North Killingly Hill, the prospect from which is enchant- 
 ing. 
 
 " May 4. — I spent the most of this day (Thursday) in 
 walking about Killingly, which is to me one of the pleas- 
 antest places I ever saw. I called on Mr. Atkins, Dr. 
 
230 Life of Ephraim Cutler. 
 
 Grosvenor, Mr. Oliver Torrey, and other friends. Dined 
 with Mr. Asa Cutler, and took tea at Mr. Joseph Torrey's. 
 The next two da^^s Col. Hobart Torrey devoted his time 
 to driving with me, to give me an opportunity to see the 
 astonishingly great improvements in the place. He took 
 me to four factories on Five Mile Eiver, beginning at the 
 Mason, and ending at the Howe or Killingly. Kext we 
 visited the Rhodes factory, where I met Mr. Adams, who 
 returned here some fifteen years ago from Ohio, where 
 most of his father's family died during the sickly seasons, 
 1821-1823. He is now a tall, tine looking man, is happily 
 married, and has greatly prospered. We then went to 
 ' Wilkinson's Factory.' I found Mr. Smith Wilkinson, the 
 principal, a most interesting, energetic, and valuable man. 
 I had the happiness to see Mrs. Wilkinson, who is the 
 daughter of my lamented and much loved friend, Samson 
 Howe, Esq. We saw in all tifteen cotton and three woolen 
 factories, , 
 
 " We came home by the graveyard where are buried my 
 grandfather, who died October 11, 1792, in the 87th year 
 of his age ; my grandmother, Susanna Cutler, who died 
 April 8, 1774, in the 63d year of her age ; my grandfather's 
 second wife, Abigail Cutler, who died October 24, 1790. 
 There, also, lies my uncle, Ephraim Cutler, who died May 
 22, 1766, in the 22d year of his age. 
 
 '■'■May 8. — I spent Saturday night with Rev. Mr. Atkins ; 
 and on the Sabbath went to meetino;. A lars^e cons-res^a- 
 tion were assembled, and the sacrament was administered. 
 I had the satisfaction of joining in this solemn ordinance 
 with a number of my old friends ; and the sons and 
 daughters of others, now gone to their eternal home. It 
 was to me a day of as intense feeling as I, perhaps, ever 
 experienced. To-day (Monday) I leave for Massachusetts. 
 The time I have spent in Killingly has been full of in- 
 terest. The sayings and doings of former years have been 
 pleasantly recalled, and I have every-where met a most 
 cordial reception. My emotions, on visiting again these 
 scenes of my early life, after an absence of forty-two 
 years, have been of the most thrilling character. The 
 
Life of Ephraim Cutler. 231 
 
 kindness of old neighbors and friends almost overwhelms 
 me. 
 
 " Every rock, the hills, valleys and streams, many of the 
 stone walls and enclosures serve to call up recollections 
 without number, of youthful pastimes and pleasures, 
 shared by dear departed friends. The scenes are all 
 familiar, excepting the new improvements, and these have 
 only heightened my delight. I have nowhere seen such 
 important changes, I may almost say creations, as here iu 
 Killingly. From being one of the least towns in Connec- 
 ticut, in now ranks in wealth, handsome buildings, and in 
 moral and intellectual excellence, with the best." 
 
 The next week was spent in Massachusetts, where he 
 found " the scenes all new, as much so as if in a foreign 
 clime." Of his visit to Hamilton, where his father had 
 filled the pulpit for more than half a century, he writes : 
 
 " I was in my father's house ; it is much altered ; and 
 his beautiful garden is all destroyed. We went into his 
 church, and from thence to the quiet grave-yard, where 
 the mortal frames of my dear parents are mouldering iu 
 the dust. The stones which mark their graves, erected 
 by the people of his charge, bear these inscriptions : 
 
 " * Sacred to the memory of Mrs. Mary Cutler, consort 
 of the Rev. Dr. M. Cutler, who deceased November 3, 1815, 
 in the 73d year of her age. 
 
 " ' Blessed are the dead who die in the Lord.' 
 
 " ' Rev. Manasseh Cutler, LL.D. He died July 28, 1823, 
 in the 82d year of his age. He was beloved for his do- 
 mestic and social virtues. His talents were of an high 
 order. He was eminent for his botanical, medical, politi- 
 cal, and theological knowledge. He was a member of lit- 
 erary and scientific societies in both Europe and America. 
 After a useful ministry in this place of 52 years, he expired 
 with a firm and peaceful reliance on his Redeemer. They 
 that trust in the Lord shall be as Mount Zion, which can 
 not be removed, but abideth forever.' " 
 
 After a pleasant visit with friends in Massachusetts, he 
 went to Philadelphia to attend the meeting of the Pres- 
 
232 Life of Ejphraim Cutler. 
 
 byterian General Assembly. His commission was as fol- 
 lows : 
 
 "The Presbytery of Athens being met in Barlow on the 
 14th of April, 1837, hereby appoint Ephraim Cutler, ruling 
 elder in the congregation of Warren, to be a commissioner 
 in behalf of this Presbytery to the next General Assembly 
 of the Presbyterian Church in the United States of Amer- 
 ica, to meet in Philadelphia on the third Thursday of 
 May, 1837, or wherever or whenever the said Assembly 
 may happen to meet, to consult, vote, and determine on 
 all things that may come before that body, according to 
 the principles and constitution of this Church and the 
 word of God. And of his diligence herein he is to render 
 an account on his return, 
 
 " Signed by order of Presbytery, 
 
 *' L. G. Bingham, Moderator. 
 
 "H. R. Howe, Clerk.'' 
 
 This memorable assembly met at Philadelphia, Thurs- 
 day, May 18, 1837. Judge Cutler writes : 
 
 " The opening sermon was preached by Rev. Dr. With- 
 erspoon, from 1st Cor., Ist chap., 10th and 11th verses. 
 The assembly was organized by electing Rev. David El- 
 liot, D.D., Moderator. The othcers are all Old School. 
 The doings and debates of the assembly will be reported 
 by Mr. Stansbury, said to be one of the best reporters in 
 the United States. 
 
 " I am boarding at Mrs. Travelli's. Pier son is a mis- 
 sionary in a foreign field. I have a very pleasant room on 
 the second floor. There are also boarding here, Rev. 
 Enoch Kingsbury and Rev. Frederick W. Graves, of the 
 Hlinois Synod ; the Rev. Mr. Thurston, from the General 
 Conference of Maine ; Rev, Alanson Saunders and Elder 
 Harmon Kingsbury, of the Western Reserve Synod ; Rev. 
 Benjamin Dolbear, of the Synod of Ohio ; Rev. Calvin 
 Cutler, from Windham, N. 11., of the Synod of Albany; 
 and Elder Robert Aickman, of the Second Presbytery, 
 New York City. They are all pleasant gentlemen." 
 
Life of Ephraim Cutler. 233 
 
 The notes he kept are incomplete, yet they indicate his 
 deep interest in the subjects discussed and decisions made. 
 
 '■'May 26th. — I have listened to-day to one of the most 
 argumentative speeches from Dr. Beman I have ever 
 heard ; full of well turned sarcasm, yet firm and dignified ; 
 and to one of the kindest from Dr. McAuley ; also to one 
 very conclusive in its reasoning from Dr. Peters. Mr. 
 Jessup and Mr. Ambrose White have both spoken in the 
 best manner on the same subject, which is a set of resolu- 
 tions entirely revolutionary in their character, and directly 
 violating the principles of the Presbyterian Church, as 
 well as those of civil and religious liberty, calculated to 
 cast undeserved odium on a portion of the church, and as 
 arbitrary as any measures lately adopted by the Pope of 
 Rome. 
 
 "Jffrt?/ — , 1837. — I can not record in detail the proceed- 
 ings of the assembly, but many things have been done 
 recklessly, and by an exercise of power clearly unconsti- 
 tutional. I heard Mr. McDowell say, ' that what the as- 
 sembly have already done would produce more evil in 
 Philadelphia than could be undone by all the preaching 
 and praying of all the ministers for a year.' This with 
 tears in his eyes. They have annulled the agreement, 
 made in 1801, at the instance of the general assembly, 
 with the Connecticut association ; thus breaking a solemn 
 league and covenant, and invalidating the rights of a large 
 part of the church. This is a dereliction of moral princi- 
 ple, such as is not often, I hope, to be found even in 
 political diplomacy. They have, accordingly, cut ofl" the 
 Synod of the "Western Reserve, and turned them out of 
 the assembly; and it was said the most of New York 
 would meet the same fate to-morow, Mr. Breckenridge 
 has denounced the Home Missionary Society, and called 
 on the assembly to pass resolutions disapproving of it. 
 This society occupies a field in our part of the country,, 
 where, through the instrumentality of its missionaries, 
 large numbers have been gathered into the church who, 
 by their walk and conversation, are consistent Christians, 
 and whom I humbly hope to meet in a happy immortality. 
 
234 Life of JEphraim Cutler. 
 
 Multitudes in the destitute regions of the West would, 
 prohahlj, only through these faithful laborers, have heard 
 the word of life preached, or have obtained a saving knowl- 
 edge of the truth. 
 
 "•June 2d. — The Old School have in the Assembly a ma- 
 jority of six in about two hundred and fifty votes. Last 
 evening upward of one hundred of the minority met, and 
 after being impressively addressed by Dr. Beman, Mr. 
 Jessup, and others, solemnly agreed not to separate until 
 the end of the Assembly, and not until ulterior measures 
 shall, if possible, be agreed upon. 
 
 "June 7th. — The minority have agreed on all future oper- 
 ations, as far as foreseen. My own affairs force themselves 
 upon me and divide my attention, Init I endeavor to keep 
 under every feeling that would unfit me to act with a 
 spirit of Christian kindness and forbearance, and at the 
 same time, with a sacred regard to my obligations as a 
 representative of our portion of the Church of Christ. I 
 have been appointed on a committee wnth Dr. Beman and 
 Dr. Peters on the American Home Missionary Society, 
 and am to prepare and send to Dr. Peters a history of the 
 work of the society in Ohio." 
 
 This meeting of the General Assembly was one of the 
 most important and exciting that ever occurred in the his- 
 tory of the Presbyterian Church in the United States of 
 America. The heated discussions on subjects of deep and 
 general interest ended in a disruption of the church, and 
 that generation passed away before these dissensions were 
 healed, and the reunited church moved forward in the 
 great work of evano-elizino; the world. 
 
 In the autumn of 1839 Judge Cutler was appointed a 
 delegate to represent the Sixth Congressional District of 
 Ohio, at the National Whig Convention, to be held in 
 Harrisburg, Pennsylvania, on the first Wednesday of De- 
 cember, 1839, for the purpose of nominating a candidate 
 for the Presidency of the United States. 
 
 He left home for Harrisburg on the 26th of November ; 
 the weather was unusually cold for the season of the year. 
 On the steamboat in which he took passage he found Mr. 
 
Life of Ephraim Cutler. 235 
 
 Jackson, of Parkersbiirg, Virginia. The boat beat its way 
 through the ice drifting in the Ohio, and arrived the next 
 day at Wheeling, and lie met there Mr. Ira Belknap, of 
 Zanesville, and Judge Jacob Burnet, of Cincinnati, on 
 their way to Harrisburg, with whom he proceeded to 
 Pittsburg. Here they were joined by several other dele- 
 gates to the Convention. He mentions in his notes: Mr. 
 Leach, Mr. Gray, of Pennsylvania, Dr. Bronson, of Ohio, 
 Mr. Clark and Mr. Huntington, of Indiana, " both pleasant 
 gentlemen ; " also Mr. Bates and Mr. Drake, of Michigan, 
 " very agreeable and sound men." They left Pittsburg on 
 the morning of l^ovember 29, to go by stage to Harrisburg, 
 where they arrived early on the first day of December, 
 after a cold and fatiguing journey, in which they were 
 kept on the road all the previous night, and were then 
 taken to a very unsatisfactory hotel. 
 
 '■'■December 2d, Monday. — Paid our bill at the hotel, and 
 went to Camp's, where we should have gone at first. This 
 is a good house, with every thing right. General Murphy 
 and Colonel Pendleton called upon us at our quarters. 
 Was introduced to Governor Shultz, a fine old Dutch gen- 
 tleman. In the afternoon we held a meeting for consulta- 
 tion, at which there were present nine delegates from 
 Ohio, four from Indiana, and two from Michigan. We 
 had a free conversation, each delegate gave a report of 
 prospects in his own district. The prevailing opinion was 
 that Harrison has the preference. Judge Burnet spoke 
 as I have heard him in olden time. It was a candid, pow- 
 erful, and effective speech. 
 
 '■'■December Sd, Tuesday. — Governor Barbour and other 
 delegates from Virginia arrived to-day ; also those from 
 Kentuckv, anions^ whom was Governor Metcalf. I had 
 some sharp-shooting with a Kentucky man. Was intro- 
 duced by Judge Burnet to General Van Rensselaer, a dig- 
 nified man, some sixty-five years old. He converses with 
 much ease. Had conversation with several other New 
 York delegates. Opinions appear to be settling on Har- 
 rison, though some New York men favor Scott. Mr. Wil- 
 liamson, of Huntingdon, Pennsylvania, and Mr. Lawrence, 
 
236 Life of Ephraim Cutler. 
 
 of Washington, are both warm friends of General Harri- 
 son. It is said that Williamson is the man who first 
 started Harrison for the Presidency. He and a few oth- 
 ers put his name up in 1832, and it took like wild-fire in 
 Pennsylvania. 
 
 '■'■December Ath, Wednesday. — The convention met, Mr. 
 Mason, of Massachusetts, in the chair, Mr. Penrose and 
 
 , clerks. The roll was called, and upwards of two 
 
 hundred answered to their names. We assembled in a place 
 which was consecrated to the worship of the Most High 
 God, and Colonel John Johnston, of Ohio, moved that our 
 deliberations be opened with prayer, a motion which I was 
 happy to second. Every one seemed to feel that we needed 
 to look upward for wisdom and guidance, and the most 
 solemn attention was paid to the service by all present. 
 
 *' A committee was appointed to select and recommend 
 permanent officers. The convention then adjourned, with 
 an understanding that the delegation from each state should 
 have meetings for the purpose of collecting information 
 from their members in order to ascertain the most popular 
 candidate in each congressional district, and condense the 
 facts thus obtained for use in the convention. The Ohio 
 delegation met at 4 o'clock p. m. in Judge Burnet's room. 
 We came together with a determined resolution not to in- 
 sist upon our own personal preferences, but to find out who- 
 could secure the electoral vote of the state, and compare 
 the probable chances of this candidate in other states. 
 
 " The seventeen members * of our delegation were unan- 
 imous in opinion, that General Harrison was the only candi- 
 
 * The Ohio delegates who attended the Whig Convention at Harris- 
 burg. Pa., December, 1839, were: Jacob Burnet, of Hamilton County, 
 and Benjamin Bently, of Wayne, delegates at large. Those who repre- 
 sented the congressional districts were: Nathaniel G. Pendleton, of 
 Hamilton County; Cyrus Falconer, of Butler ; John Johnston, of Butler; 
 William A. Rogers, of Clarke; Aquilla Tolland, of Madison; William 
 S. Murphy, of Knox; John M. Creed, of Fairfield; Ira Belknap, of 
 MuskiDgum; Ephraim Cutler, of Washington); Benjamin S. Cowen, of 
 Belmont; Charles F. Sherman, of Richland; Cyrus Prentiss, of Portage ; 
 Holland Green, of Columbiana; John S. Lacy, of Harrison; D. F. Bron- 
 son, of Trumbull. 
 
Life of Ephraim Cutler. 237 
 
 date that could carry Ohio, and yet were ready to yield to 
 the opinion of the majority of the convention, fairly ex- 
 pressed. 
 
 '•'■Decemher ^th, Thursday. — The convention, when per- 
 manently organized, was presided over by the venerable 
 Governor Barbour, of Virginia, supported by men who 
 have been governors of states, or have held other eminent 
 positions. The convention presented a most interesting 
 group ; composed of about 250 members, representing 
 twenty-three, out of the twenty-six states in the Union. 
 They were a dignified, imposing, and remarkable body of 
 men, distinguished for intelligence, public services, and pat- 
 riotism ; many of them, with heads whitened by age, had, 
 regardless of their own comfort, defied the inclemency of 
 the season, and were here at a sacrifice of time and con- 
 yenience, with no other interest to serve but the good of 
 the public, and of posterity. 
 
 " The same spirit of conciliation which was manifested 
 by our delegation, seemed to pervade the delegations from 
 other states. It appeared that Pennsylvania and Indiana 
 were placed in the same position as ourselves — every thing 
 to hope if General Harrison is the nominee ; every thing 
 to dread, if he is not. We found Massachusetts, Vermont 
 and Connecticut were with us, and probably the whole of 
 the Eastern States. The South used all their influence for 
 Clay, and New York was for Gen. Scott. 
 
 ^^ December 6th, Friday. — On the third day of the conven- 
 tion a per capita vote would probably have resulted, Clay 
 102 ; Harrison 91, and Scott 61. After five ballotings by 
 states, William Henry Harrison, of Ohio, by a vote of 148 
 received the nomination for the office of President of the 
 United States. This was a large majority of the electoral 
 votes of the states represented here, and also a majority of 
 the entire electoral vote of the Uniou. 
 
 " Scott had earnest advocates, and Clay many warm and 
 devoted friends, and yet all the deliberations were conducted 
 with the utmost courtesy and good feeling, and an evident 
 desire to act for the best interests of the people. This was 
 manifested when Hon. Reverdy Johnson, of Maryland, rose, 
 
238 Life of JEpkraim Cutler. 
 
 and moved that the nomination be made unanimous. Gov- 
 ernor Metcalf, Mr. Combs, Mr. Preston, and others from 
 Kentucky, expressed their perfect acquiesense in the deci- 
 sion of the convention, and they, with many other gentle- 
 men from the diiferent states represented, made eloquent 
 and patriotic speeches, pledging themsleves to use their 
 best eftbrts, in their several states, to secure the election of 
 Gen. Harrison. 
 
 " Governor Barbour was suggested as a suitable candi- 
 date for the Vice-Presidency, but he positively decliuedy 
 and urged the nomination of Governor John Tyler, of 
 Virginia, which was accordingly made." 
 
 This convention was followed by one of the most remark- 
 able political campaigns our country has ever witnessed. 
 Judge Cutler writes, a few months later, to a friend* who 
 was with him at Harrisbure; : " I can not refrain from con- 
 gratulating you on the result of our labors in the conven- 
 tion. One thing of vast importance is accomplished, the 
 people are thoroughly aroused from that state of apathy 
 and desj)ondency, bordering upon despair, which every- 
 where prevailed when we left our homes to attend the con- 
 vention. But from the time I left Harrisburg until the 
 present hour, every man I have met seems inspired with hope 
 and confidence that our country will be redeemed from its 
 present misrule. The young men are beginning to inquire 
 not only what has been done, but what they have a right 
 to do. I have been surprised, and greatly pleased at the 
 able manner in which many of them discuss the first prin- 
 ciples of our government, and the duties of its citizens. 
 
 " It requires something powerful to arouse the people 
 of Washington county. They are intelligent, and reflect 
 much and deeply, and are far from coming to hasty con- 
 clusions, but when convinced, they are not lukewarm in 
 action, nor wanting in energy and perseverance. The 
 great deep of public feeling is broken up, and nothing can 
 arrest the course opinion has taken but omnipotent power. 
 It is an uprising of the whole people, and confined to no 
 
 * Col. John Johnston. 
 
Life of Ephraim Cutler. 239' 
 
 locality. Every log cabin in the land, and every mansion, 
 feels the impulse, and the demand for reform in the ad- 
 ministration of the government is universal." 
 
 The strength of the movement was lirst manifested by a 
 mass meeting at Columbus, Ohio, held on the 22d of Feb- 
 ruary, 1840, where many thousands from all parts of the 
 state assembled, and the greatest enthusiasm prevailed. 
 
 In June a convention was held at Chester, Meigs county, 
 to nominate a Congressman for the Sixth District, to 
 which, not only the appointed delegates, but the people 
 themselves came up. This meeting, largely attended from 
 adjoining counties, was addressed by Hon. S. F. Vinton, 
 Judge Cutler, and others. The Hon. Calvary Morris was 
 renominated for Congress by acclamation. Many earnest 
 and patriotic men came " straight out " from the Demo- 
 cratic ranks and joined the Whigs. 
 
 Although past three score years and ten. Judge Cutler 
 attended and addressed many public meetings in his own 
 county and in Athens, vying with younger men in interest 
 and zeal. 
 
 Mass meetings, pole-raisings, and processions were the 
 order of the day. Flags with quaint devices and appro- 
 priate mottoes, log-cabins, and canoes, all played their 
 part, and every-where there was a good-natured but noisy 
 excitement. Marietta supplied the versatile and popular 
 song-writer of the campaign (John Greinei^), and his songs 
 were greeted with as loud huzzas as the eloquent and tell- 
 ing speeches of Tom Corwin himself. Those scenes are 
 .still recalled by men who participated in them with a 
 touch of the old enthusiasm, although nearly half a cen- 
 tury has passed since they occurred. 
 
 The spirit of the times is shown in the following ex- 
 tracts from letters written to Judge Cutler by Hon. Calvary 
 Morris from Washington : 
 
 ^'■February 1, 1840. From every quarter we have the 
 most cheering intelligence on the subject of the approach- 
 ing contest. I had a long conversation the other day with 
 Mr. Talmage, of New York, who, you know, is fresh from 
 the people of his state. He says New York will give a 
 
/ 
 
 240 Life oj EpJiraim Cutler. 
 
 larger majority for Harrison than she has ever given for 
 any candidate for the presidency; and that, in four months 
 from this time, it will be apparent to all parties that Gen. 
 Harrison will be elected more triumphantly than Gen. 
 Jackson was in 1828. Hon. Daniel Webster says he con- 
 siders the matter as settled, that the tide of public feeling 
 is so rapidly flowing in the right channel that it can not 
 be checked by all the offices and money which the admin- 
 istratiomhave to bestow. 
 
 " The Kentucky delegation say that Harrison is going 
 to be a stronger man in Kentucky than they could possi- 
 bly have made Mr. Clay under any circumstances. 
 
 " The Whig members from Tennessee seemed almost to 
 sink in despair when they first heard of Harrison's nomi- 
 nation, but now they say with one accord, that the devel- 
 opments, in their state, of public sentiment, are such as to 
 satisfy them that he is the very man, and that they can 
 carry Tennessee for him triumphantly. 
 
 " Pennsylvania is no longer doubted. Ogle, of our 
 House, from that state, who is a cool, calculating, shrewd 
 politician, says that from the enthusiasm and perfect hurrah 
 which is sweeping over his state, he shall not be surprised 
 if she gives forty thousand majority for Harrison. Within 
 the last few days Mr. Van Buren and his watchman have 
 become greatly alarmed for Virginia, and it is said they 
 have great reason to feel so. But Ohio is the pivot upon 
 which their destiny is to turn ; there the mighty contest is 
 to take place, and there you will find them concentrating 
 all their forces." 
 
 On February 28th Mr. Morris writes : " The news from 
 the State Convention of Ohio is most cheering to our 
 friends here from all parts of the country. I have just 
 had a conversation with Wise, who returned this morning 
 from the great Richmond meeting. I asked him what 
 Virginia would do in the coming contest. Do ? said he. 
 She will go Harrison and Tyler with a -devil of a rush ; no 
 mistake in Virginia." 
 
 General Harrison had been a candidate in 1836, opposed 
 to Mr. Vaii Buren. At that time the Whigs, for want of 
 
Life of Ephraim Cutler. 241 
 
 organization and concert of action, were overwhelmingly 
 defeated, Harrison receiving the vote of only seven states. 
 The unexpected and gratifying unanimit}'' in the action of 
 the Harrisbnrg Convention, put new life into the party. 
 In union there is strength — to this, and the grave errors 
 of the Democratic policy, the result of the presidential 
 election of 1840 must be attributed. The Whi^s carried 
 nineteen states, the Democrats seven. Of the 294 votes 
 of the electoral college, 284 were cast for Harrison and 
 60 for Van Buren. The Whigs were jubilant — a short- 
 lived joy, as the lamented death of their favorite took 
 place just one month after his inauguration as President. 
 This political campaign was the last in which Judge Cut- 
 ler actively engaged. It is not unusual for persons of ad- 
 vanced years to dwell much upon the past. He had a 
 wide and accurate knowledge of the men and events of his 
 own times. He was fond of statistics, and of history and its 
 teachings. It was his habit to make notes of important 
 matters at the time when they occurred. He was often 
 consulted on doubtful points of our early history, on which 
 he was considered good authority. More than half a cen- 
 tury had passed since the pioneer band had landed at Ma- 
 rietta, April 7, 1788 ; and yet an authentic history of Ohio 
 was unwritten. 
 
 Most of the first settlers were laid at rest in the rural 
 graveyards, and with them had perished the memory of 
 their adventures, their trials and their heroism. To gather 
 the materials for correct history from the few who still 
 survived, began to arouse the attention of the more intel- 
 ligent in the community, prominent among whom was Dr. 
 Samuel Prescott Hildreth. He addressed to Jud^e Cutler, 
 March 31, 1841, the following inquiries: 
 
 " When I had the pleasure of seeing you a few days 
 since at Colonel Stone's, I mentioned my intention of pre- 
 paring a history of the county. It will give me much 
 pleasure to receive a statement of many of the civil events 
 which fell under your notice from the year 1795 to 1802, 
 or earlier, if in your power, especially in relation to the 
 16 
 
242 Life of Ephraim Cutler. 
 
 courts and judicial proceedings. Who were the first 
 Supreme Judges? Who were the Justices of the Quarter 
 Sessions? How were the courts conducted? Who were 
 the sherilts ? How extensive was the county ? How often 
 did the courts sit during the Indian War? Who were the 
 attorneys (with a brief biography of each one, as far as 
 you can recollect) ? Where did the first court sit? 
 
 "Events of the Indian War, any incidents in relation 
 thereto, will be valuable. What were the facts in relation 
 to the proposal of some of the iirst settlers to evacuate the 
 country on account of the duration of the war? Facts in 
 relation to the first proposition of making a settlement in 
 Ohio? Who originated it, and who were the prime mov- 
 ers in bringing it to pass? Biographical notices of the 
 first settlers at Marietta, as to where born, place of resi- 
 dence, business, etc., especially of B. I. Gilman and his 
 father, R. J. Meigs, P. Fearing, E. Backus, M. Backus, W. 
 Sargent, Eben Sproat, C. Green, Joseph Lincoln, etc. 
 
 " Any facts in relation to the climate, as to the change 
 in the seasons since the first settlement, will be valuable. 
 Diseases amongst domestic animals. 
 
 "When did Blennerhasset come to Marietta, and any 
 facts in relation to him. 
 
 " If you will have the kindness to write me out a few 
 sheets of your reminiscences, I shall be much obliged to 
 you. I should also be pleased to see the Journal of your 
 father, if you would trust it with me for a few days." 
 
 Manuscripts which have been used and returned by Dr. 
 Plildreth show that in response to his request, many valu- 
 able facts were communicated for " The Pioneer History," 
 and much material furnished, from time to time, for several 
 of the biographies in " The Lives of the Early Settlers of 
 Ohio," prepared by Dr. Hildreth, and published under the 
 auspices of the Ohio Historical Society. 
 
 In 1841 the Marietta Historical Association was formed 
 by gentlemen interested in preserving manuscripts, mem- 
 oirs, and facts illustrative of the early history of the place. 
 It was organized by electing the following officers : presi- 
 dent, Ephraim Cutler; vice-president, Arius ISTye ; cor- 
 
Life of Ephraim Cutler. 243 
 
 responding secretary, Caleb Emerson ; recording secretary, 
 Arius S. Nye; curators, William R. Putnam, John Mills, 
 A. T. Nye. 
 
 November 24, 1841, tlie president and corresponding 
 secretary of the Association sent forth a circular in these 
 words : " It is not a little singular that the known and 
 acknowledged importance of history has heretofore in- 
 duced so little eftbrt for its accuracy. A classification of 
 history as a branch of fictitious literature would, alas for 
 it, be not altogether false. We have recent indications of 
 better things to come. The formation of historical soci- 
 eties, local as well as general, is very encouraging. The 
 Marietta Historical Association aims to establish a library, 
 cabinet, and repository worthy of the eldest settlement in 
 Ohio. The members hope their zeal may prove not in- 
 commensurate witlr their aims. But the efhciency of the 
 institution must depend much upon the aid of others. 
 That aid is invoked in the furnishing of books, pamphlets, 
 newspapers, memoirs, and manuscripts illustrative of 
 Western history, particularly of Ohio, and especially of 
 early settlements. The donation of books is asked as a 
 contribution for public utility. Any book, publication, 
 record, or manuscript will be acceptable. The association 
 hopes to do its share in the preparation for Western His- 
 tory, and respectfully suggests the formation every-where 
 of like associations, holding friendly correspondence, and 
 renderino; mutual aid." 
 
 Interesting replies to this circular were received, some 
 of which are found among Judge Cutler's papers, while 
 others were transferred to Dr. Hildreth, or remained in 
 the hands of Mr. Emerson. The attention of persons who 
 were in possession of materials for local history was turned 
 to the necessity of putting them in form to be preserved 
 for future use. Many valuable papers were prepared by 
 Mr. Emerson, Mr. A. T. Nye, Colonel Joseph Barker, and 
 others, which were printed in the newspapers and maga- 
 zines of the day; and Dr. Hildreth's two invaluable his- 
 torical volumes were given to the public during that 
 decade. 
 
244 Life of Eijhraim Cutler. 
 
 The editor of the Marietta Intelligencer addressed to 
 Judge Cutler a letter, dated January 25, 1842 : 
 
 " I am anxious to obtain for publication important facts 
 connected with the early history and settlement of this 
 place and vicinity; and also sketches of the lives and 
 characters of the early settlers. Every thing of this kind 
 is useful and interesting, and I trust that you, and the few 
 other venerable fathers 3^et living, will be willing to con- 
 tribute from your store-houses of knowledge such facts as 
 may be of benefit to the public. Incidents in the lives of 
 the early settlers, and anecdotes respecting them, will be 
 peculiarly interesting, and unless obtained and placed upon 
 record very soon, will be lost forever. ... I trust you 
 will furnish me some articles for publication, and thus 
 serve the public, and also, with great* respect, your friend 
 and servant, , Beman Gates." 
 
 Some articles of the character designated were furnished 
 for the Intelligencer, then recently established, whose ac- 
 complished editor spared no elFort to make his paper a 
 success. 
 
 The following letter, which is without date, was prob- 
 ably received about the same time as the foregoing : 
 
 " The Historical and Philosophical Society of Ohio, at 
 their last annual meeting : ^Resolved, That Ephraim Cutler 
 be and hereby is requested to present to the next annual 
 meeting of this society a paper containing such important 
 historical facts regarding the formation of the state gov- 
 ernment, the settlement of this state, and such interesting 
 incidents thereof as his long residence, intimate acquaint- 
 ance and observation enable him to communicate.' 
 
 " Dear sir, I hope that you will comply with the request 
 of the society, and forward to me, if you can not be pres- 
 ent, any paper you prepare, and it shall be laid before the 
 society in your name. 
 
 " Respectfully, J. Sullivant, 
 
 ''■Corresponding Secretary." 
 
Life of Ephraim Cutler. 245 
 
 It is not known that any paper was sent to Mr. Sulli- 
 vant, but it is believed that, at this time, he reviewed and 
 arranged his notes on the territorial legislature and on the 
 convention, as they are presented in this volume. His 
 ideas of the proper function of an historical society may 
 be gathered from a short address to the Marietta Historical 
 Association, found among his papers : 
 
 " When a body of men associate together for any purpose, 
 curiosity is awakened and inquiries are made with a view 
 to ascertain the object intended by such association. That 
 those inquiries should be gratified in the fullest extent by 
 such an association as ours professes to be, is not only reas- 
 onable, but absolutely necessary to effect the purposes of 
 our uniting together. The materials of history are for a 
 time merely oral or traditionary ; although some portions 
 assume a more substantial form by means of documents, 
 written immediately, and preserved in the public archives ; 
 yet very much of incident, eventually important to be 
 known, and which afir'ects the destiny of thousands, remains 
 for a long time as mere tradition ; and very much that 
 would enable future generations to understand the motives, 
 which, at the time, induced the prime movers and actors 
 to act as they did in bringing about great events, is forever 
 lost. 
 
 " There is another view that may, with propriety, be 
 taken of this subject. It is, that a duty rests somewhere, 
 to preserve many facts too often entirely neglected, w^hich, 
 if preserved, and truly, without embellishment, transmitted 
 to posterity, would demonstrate to them as clearly and 
 vividly, as the sun ever shone, that there is an infinite wis- 
 dom, an unseen hand, which, for good or evil, directs and 
 governs all human affairs. But this, I humbly think, is a 
 theme suited to the sacred desk ; and I lament that it is 
 there so much overlooked or forgotten. Moses most em- 
 phatically commanded God's chosen people, after rehears- 
 ing the wonders they had witnessed, to teach them to their 
 children as they were sitting in the house, or walking by 
 the way, at their lying down and rising up; and to write 
 them upon their door posts and their gates. And is it a 
 
246 Life of Ephraim Cutler. * 
 
 matter to be forgotten that, some two hundred years ago, 
 a mere handful of persecuted men shoukl be driven from 
 their native hind, and at the commencement of winter be 
 obliged to land upon a rock in a sterile region, on a forbid- 
 ding coast ; yes, and should be preserved from dangers and 
 increased in numbers so as to be able twice, before two 
 hundred years had elapsed, to contend witli one of the 
 mightiest nations of the earth, most successfully ? And is 
 it a matter to be passed by and forgotten that this vast 
 western valley in which we live, was then, as to its extent 
 and resources, a country perfectly unknown to the very 
 nations whose sons now inhabit it by millions? 
 
 " It is, then, the object of this association to make an 
 effort to preserve what can be collected of all authentic 
 records or w^ell established traditions, which may when 
 collected enable some one, who has talents and leisure, to 
 give future generations a true, philosophical, and authentic 
 history of our great state, and also of the entire West, 
 as far as our means shall enable us to effect so noble an 
 object." 
 
 William P. Cutler, in a letter to his father, dated at Co- 
 lumbus, January 15, 1845, writes : " The Hon. E.Whittlesey 
 has been here sometime, and inquires very kindly after you. 
 He says, the State Historical Society are very desirous that 
 you should prepare an article in regard to the formation of 
 the constitution. He urged me very much to press it upon 
 your attention ; saying that he considered that you were 
 the only man who could perform the duty properly. Mr. 
 Stoddard, from Dayton, also joined with him in the request. 
 ^ Mr. Stoddard stated that he was a member with you, when 
 you made the first effort for common schools." 
 
 A few more letters received by Judge Cutler during the 
 latter years of his life, are believed to be of sufficient his- 
 torical interest to justify their insertion here. 
 
 " Pittsburg, December 18th, 1842. 
 " C. Emerson and E. Cutler, Esqs.: 
 
 ^'■Dear Sirs : — I have received your joint favor some time 
 ago, but having been much engaged in preparing for my 
 
Life of JEj^hraim Cutler. 247 
 
 long absence in the legislature and in other business, I 
 have from day to day postponed writing to you and ac- 
 knowledging the receipt of your letter. My father occu- 
 pied a somewhat prominent position at this place from 
 1791 to 1802, and I have no doubt that Mr. Cutler must 
 have become acquainted with him as he passed through 
 this place. His belonging to the same good old Federal 
 school to which Mr. Cutler belonged would no doubt tend 
 to draw them t02:ether. . 
 
 "I believe I should have shortlv undertaken a historv 
 of the region around the head of the Ohio, had I not been 
 informed, some two months back, that a Dr. Patterson, of 
 this city, had been engaged for some time in collecting 
 materials for such a publication. I have since become 
 acquainted with him, and finding that he had made con- 
 siderable progress in the work, I concluded rather to aid 
 him by giving him any information in my power, than to 
 undertake a similar work. He has issued proposals for 
 his publication, and will issue it during the ensuing spring. 
 He has been very industrious in collecting materials, but 
 my acquaintance with him is not sufficiently intimate to 
 enable me to form a decided opinion as to his fitness for 
 the work. My expectation, however, is that the work 
 will be valuable for the amount of matter collected. Think 
 it may be defective in style and arrangement. 
 
 " I have never seen Pownal's work, and Proud's His- 
 tory is very rarely to be seen. I have never seen but two 
 or three copies. 
 
 "As to Mr. Emerson's suggestions about the possible use- 
 fulness of my services in the legislature, I confess I can 
 see no light ahead — nothing to cheer me for my long ab- 
 sence from my own sweet home. The position of our 
 state aftairs is difficult in the extreme, and the prospect 
 before us any thing but cheering. Even were our legisla- 
 tive bodies as pure and as firm and fearless as ever acted 
 together, they might be perplexed, but with councils so 
 divided as ours, with an overwhelming majority of dema- 
 gogues, not competent even to discover the correct path, 
 and even when they see it, too careful of their despicable 
 
248 Life of Ej^hraim Cutler. 
 
 popularity to pursue honestly that course which even 
 their stolid judgments indicate darkly, there is scarcely 
 ground left for hope. 
 
 " I go there with a resolute determination to pursue that 
 course which, upon calm and mature reflection, I may 
 judge to be most conducive to the honor and interests of 
 the state, without calculating its influence on my own po- 
 litical standing. 
 
 " I am, gentlemen, very respectfully, your obt. servt, 
 
 " Neville B. Craig." 
 
 " PiQUA, Ohio, June 19, 1842. 
 
 ^'•Dear Sir : — For twelve months now last past, a consid- 
 erable portion of my time has been spent among the 
 Wyaudott Indians of Ohio, on Sandusky river, and have 
 only recently returned to my home and farm. I found 
 two letters addressed to me from the Marietta Historical 
 Association, asking for information in relation to the In- 
 dians who once inhabited this country. 
 
 " In March, 1841, I was appointed by my old and la- 
 mented friend, the late President Harrison, to make an 
 attempt at purchasing the lands of the Wyandotts in the 
 states of Ohio and in Michigan, and in April of the same 
 year I reached Upper Sandusky, and commenced negotia- 
 tions. After encountering many difiiculties, probably 
 more than has ever occurred in any similar undertaking, 
 for the Indians loved the land of their birth, the beautiful 
 plains of Sandusky, I succeeded in executing a treaty with 
 the chiefs and councillors, by which they ceded, on the 
 17th of March, 1842, all their lands in Michigan and Ohio 
 to the United States, without any reserve whatever, and 
 stipulating for the removal of the nation to the south-west 
 of Missouri river in 1843. The amount of the land ceded 
 is about one hundred and twenty thousand acres (120,000), 
 lying on both sides of the Sandusky river in Ohio, and on 
 the bank of the river Huron in Michigan, both tracts 
 being surrounded by compact settlements of American 
 farmers, 
 
 "The number of the Wyandotts in Ohio and Michigan, 
 
Life of Ephraim Cutler. 249' 
 
 including a snuill band, not quite an hundred souls, on the 
 English side of the Detroit Strait, and who are all to emi- 
 grate, will amount to about eight hundred persons of all 
 ages and sexes. 
 
 " The Indian title to the last acre owned by the natives 
 within the limits of Ohio has been extinguished by the 
 late treaty, and the Wyandotts are the last of the nations- 
 who are to leave us. Twelve months hence the red man 
 will have taken his farewell forever of the country which 
 was so lately all his own. It is a little over forty-two 
 years since I first went among the Wyandotts ; then they 
 numbered over two thousand, with little or no mixture of 
 blood; now they are reduced to eight hundred, and full 
 one-half are half-breeds and quadroons, and some entirely 
 white. Some white men have wives of mixed blood, and 
 some quadroons have white women for wives. 
 
 " The Wyandotts have had the benefit of Christian in- 
 struction for near a century, first under the Catholics, 
 afterward by the Presbyterians; and for the last twenty 
 years the Methodists have had the exclusive management 
 of their school and mission. The whole population at 
 Upper Sandusky is 650, of all ages and sexes ; from 100 to 
 150 attend meeting on the Sabbath, and about 50 are 
 church members. Education and religion have declined. 
 My former care of these people ceased in April, 1829, at 
 which time the school and mission was altogether prosper- 
 ous and encouraging. Four hundred dollars per annum is 
 appropriated by the War Department toward the support 
 of the Wyandott school. The expense of the mission is 
 provided by the Methodist Church, and is fully sustained. 
 The present missionary, the Rev. Mr. Wheeler, is a very 
 worthy, competent man, sustains himself well, attending 
 exclusively to his sacred duties. In the treaty which I 
 concluded wdth these people, on the 17th of March, 1842, 
 the U. S. engages to pay $500 per annum for the perpetual 
 support of a school for the Wyandott Nation, so soon as 
 they are sufiiciently settled at their new home south-west 
 of the Missouri. The first payment for this purpose to be 
 made in three years from the date of the treaty. The 
 
250 Life of Ephrahn Cutler. 
 
 United States also engaged, as they have hitherto done, to 
 support a blacksmith and an assistant blacksmith for them, 
 and to farnish houses for the blacksmith and assistant ; 
 with tools, iron, steel, and coals, and all things needful for 
 such an establishment. A sub-agent and interpreter is 
 stipulated for, in order to maintain intercourse with the 
 government and citizens of the United States. 
 
 " The sudden and unlooked for death of President Har- 
 rison was felt by the Indians iis a great calamity. They 
 had promised themselves much from his administration. 
 They knew him long and advantageously, their confidence 
 in his justice and humanity was unbounded. Poor fellows, 
 his death fell upon them like the thunder which prostrates 
 the loftiest oak. If the Indians had the privilege of voting 
 in the last election for President, not one of them could be 
 found to black-ball their old and faithful friend, Harrison. 
 
 "I was with Gen. Waj-ne's army on the Ohio, as early 
 as the beginning of 1793; and in my seventeenth year, in 
 1798, was a clerk in the public departments of the general 
 government; and served in the Indian department under 
 Harrison, from 1800 down to the close of the last war. 
 The history of the natives under this government has been 
 familiar to my mind; the result of more than forty years 
 experience in managing them, is that their race must ]:)er- 
 ish under the blighting effects of our policy. Congress 
 must give them a country which no circumstances can 
 alienate, and a government suited to their condition ; and 
 then we shall begin to have done what we ought to have 
 done to this unhappy and unfortunate race. Otherwise we 
 shall have a fearful account, as a nation, to render to God, 
 and to impartial history. 
 
 " The cares of my farm and my children, deprived by 
 death of their honored and lamented mother, two years 
 ago, leaves me little leisure. I may at a more convenient 
 time send you some further facts about the Indians. 
 
 " Accept of my best wishes for the prosperity and useful- 
 ness of the Society over which you preside ; and for your- 
 self individually, my honored and respected colleague at 
 
Life of JEphraim Cutler. 251 
 
 Harrisburg, in December, 1839, my sincere esteem and 
 affection. Farewell, 
 
 John Johnston.* 
 "Ephraim Cutler, Esq." 
 
 " CiRCLEViLLE, January 9, 1843. 
 
 "Tlf^ Dear Sir: — Tlie present generation seems to have 
 fore'otten the services of those who laid the foundation on 
 which our good institutions are built. They say we have 
 had our day. It was a day of trial, labor and difficulty ; of 
 self-devotion and patriotism. That age has passed, and the 
 present generation makes sad work of it, under the influ- 
 ence of party spirit, party legislation, madness and folly. 
 
 " Youth, rashness and madness tread where wisdom and 
 patriotism once presided. Unless the present generation 
 in Ohio, elect better men to office and mind their ways, in 
 many respects, ruin must ensue. Ten millions of our 
 public debt has been created for objects of little or no value 
 to the people. We can not pay the interest much longer, or 
 if we do, thousands of farms must be sold to pay the taxes. 
 A few reckless, unprincipled men, rule the state with a rod 
 of iron. The wisdom of Ohio is driven off the stage, which 
 is occupied by heedless, rash, giddy and impudent young 
 men. This state of things has been introduced by unprin- 
 cipled demagogues operating on an ignorant population, 
 who have settled in the state of late years. 
 
 " Our territory is unsurpassed in fertility, our climate is 
 delicious, our hills are shaken by no hidden fires, our plains 
 have no bandits roving over them, to way lay and rob the 
 
 * The friendship between Col. Johnston and Judge Cutler which 
 began at Harrisburg in ISo'.t, was an enduring one. A short time be- 
 fore the death of the latter, a neighbor traveling on a steamboat met 
 with ('ol. John^ton, who sent by him this note: 
 
 "Col. John Johnston, of Piqua, Ohio, one of the surviving pioneers 
 of the North-west, in his 79th year, sends his affectionate regards, to his 
 aged and venerable friend Judge Cutler, and prays that his last days 
 may be as peaceful and happy, as the morning and noon of them has 
 been honorable and useful to himself, and his country. On board the 
 steamboat 'George Town,' Ohio river, June 16, ]8o3." 
 
252 Life of Ephraim Cutler. 
 
 traveler as he journeys across them ; and jet through the 
 wickedness of our rulers, we arc indeed a miserable people. 
 
 " Let us hope for better times, worse we can not expect, 
 unless we are doomed to destruction. 
 
 " With respect and esteem I am, dear sir, yours ever, 
 
 " Caleb Atwater." 
 
 " Hon. Judge Cutler." 
 
 Mr. Atwater was the author of a History of Ohio. 
 In a letter written in January, 1837, he thus refers to that 
 work : 
 
 "I am now and have been long since engaged in pre- 
 paring a History of Ohio. I wish to begin to print it 
 about the first of May. I intend it to be a volume of 
 about 400 pages. I have done you justice in that volume 
 from the formation of the Constitution down to this time. 
 There are some particulars I wish to know. ^Yhen and 
 where were you born? Your education? When did you 
 emigrate? I wish to know the early history of Marietta, 
 Belpre, etc. Any thing already in print might be for- 
 warded to me." 
 
 Again, February, 1839, he writes : "You inquire about 
 my history. The first edition was all sold, even every 
 copy of it, within four weeks from the time it was bound. 
 The second edition is out, but lying in a canal boat, frozen 
 up forty miles below me. Sickness prevents my leaving 
 home, or this edition would all be sold in a few weeks. 
 Should my health be restored, with returning spring I 
 hope to get out a third edition early, and carry it up the 
 Ohio to Pittsburg and Harrisburg, where there is a demand 
 for it. . . . During several years my History of Ohio 
 has occupied all my time. It is stereotyped, and can be 
 published after my death. I feel grateful for the patron- 
 age which it has received from the reading public* 
 
 *Caleb Atwater-, born in North Adams, Massachusetts, December 
 25,1778. Graduated at Williams College, 1804; practiced law; came 
 to Ohio, 1811; member of the legislature, postmaster at Circleville, and 
 Indian Commissioner under Jackson. Author 6f a " History of Ohio," 
 " Western Antiquities," and other works. Died at Circleville, Ohio, 
 March 13,|1867. 
 
Life of Ephraim Outler. 253 
 
 " Detroit, December G, 1843. 
 "Ephraim Cutler, Esq.: 
 
 '■'■Dear Sir: — I have received your letter, and thank you 
 for this mark of your recollection. It recalls many an 
 hour we have passed pleasantly together, and more than 
 one manifestation of your friendship when I was a young 
 man, needing the good will of others to aid my own exer- 
 tions. I trust time and circumstances have dealt leniently 
 with you. I should be happy to meet and talk with you 
 about old times, but am afraid we are too far apart 
 for that. ISTeither of us can move about as we once 
 could. 
 
 " With respect to the circular, I am happy to see this 
 evidence of zeal to collect and record reminisceiices of the 
 early settlement. I hope the effort will not fail. I should 
 be happy to assist, and perhaps I will. It is not much, 
 however, that I kno.w, and I am every day becoming more 
 indolent and unfit for exertion. It is difficult to screw my 
 industry to the sticking point. 
 
 " With much regard, I am, dear sir, 
 
 " Respectfully yours, 
 
 "Leav. Cass."* 
 
 * Lewis Cass, son of Major Jonathan Cass, was born at Exeter, N. 
 H., October 9, 1782. He came to Marietta, Ohio, with his father's fam- 
 ily in 1800, where he studied law and was admitted to the bar in 1802; 
 after which he removed to Zanesville, Ohio. He married, in 1806, 
 Elizabeth Spencer, daughter of Dr. Joseph Sper.cer, of Wood county, 
 Virginia. He was a Brigadier-General in the war of 1812, was ap- 
 pointed governor of Michigan Territory in 1813, and held that office 
 eighteen years, when he was appointed, in 1831, Secretary of War by 
 President Jackson. In 1836 he was sent as Minister to France, which 
 position he resigned in 1842. He was the Democratic candidate for 
 President against General Taylor, in 1848, after which he was twice 
 elected United States Senator from Michigan. In 1857 he was ap- 
 pointed Secretary of State by President Buchanan, but resigned his 
 office in I860. He was a man of great ability as a scholar, jurist, and 
 statesman. He died in Detroit, Michigan, January 17, 1866. 
 
254 Life of Ephraim Cutler. 
 
 "Constitution,* November 10, 1846. 
 "A. G. Brown, Esq.: 
 
 '■'■Dear Sir — Dr. Hildreth, who is preparing a work for 
 the press, a large portion of which will he composed of 
 biographical sketches of the services, characters, &c., of 
 the early settlers of the Ohio Company lands. At his re- 
 quest I have furnished him with that of Col. R. Oliver, 
 Capt. Wm. Gray, Col. Cushing, and several others. Last 
 week he pressed upon me with earnestness to prepare one 
 of your excellent and honored father, which I consented 
 to attempt, if I could obtain some information from you 
 and vour brother. 
 
 "Your father's history belongs to the whole country, 
 and if facts are collected and well told, it will add an in- 
 terest to the interesting work which the doctor has on 
 hand. He has a very large portion of it now ready for 
 the press, and if this is added it must be immediately pre- 
 pared. 
 
 "I have commenced one (article), including Judge an(J 
 Silas Bingham, with Dr. Perkins,! and propose to give a 
 sketch of the history of Ames, its library, &c. 
 
 * " The tir.st post-office in \Vari'en township was established Janu- 
 ary 31, 1832, and named Constitution, in hoimr of the Iirst postinnster, 
 Judge Eohraini Cutler, who was one of the most prominent members 
 and latest survivors of the convention that formetl the fiist constitu- 
 tion o! Ohio. Judge Cutler was postmaster about twenty years." 
 (History of Washington County, p. 6^1.) 
 
 yin an article prepared by Judge Cutb-r for Dr. llildreth's " Eai'ly 
 Settlers of Ohio," page 412, is the following notice of the Binghams 
 and Dr. Eliphaz Perkins, of Athens: 
 
 "The Binghams were natives of Litchfield county, Connecticut, and 
 although quite young, were volunteers at the capiure vf TicoiHleroga 
 by Ethan Allen, in 1775. Cajit. Silas Bingham was with the army 
 which invaded Canada, and both served most of the time during the 
 Revolutionary War. Judge Alvin Bingham was a substantial, clear- 
 headed man, sober and dignified in his manners, stern and uncompro- 
 mising in his sense of right. Silas was full of anecdote and humor, 
 social and kind in his feelings, a. man uf excellent sense, and a terror 
 to evil doers, [fie was a deputy sheriff.] The jjroinptness with which 
 these men acted in enloiving the laws, and in protecting the rights of 
 the weak, had tlie effect, early, to rid the settlement of a large poi'tion 
 of the disorderly population; and Athens, many years ago, establish 
 
Life of Ephrahn Cutler. 255 
 
 " I remember to have seen a notice of your father's 
 services from Gov. Brooks. Will ^^ou coi»y it for me? 
 He was invited to act as aid to Gen. De Kalb ; please 
 give me as much of his services as a partisan officer 
 as you can collect. Was he in the battle of Bunker Hill? 
 Did he, witli another brother, bring off from that battle 
 his brother Jolm ? When did lie enter the service? lie 
 was the tii'st man which entered the German works so 
 gallantly stormed by Brooks and Putnam's regiments on 
 the 7tli of October, 1777, which decided the fate of Bur- 
 goyne. Write as soon as possible. If any thing of the 
 kind is done, there is no time to lose. 
 
 " Respectfully yours, as ever, 
 
 "Ephraim Cutler." 
 
 Copy of a statement of his services in the Revolutionary 
 War, made in or about the year 1818, by Capt. Benjamin 
 Brown, in support of his application for a pension. (On 
 record in the Court of Common Pleas of Athens county, 
 Ohio):. 
 
 "In February, 1775, I joined in forming a regiment of 
 
 its character as an orderly and respectable community, embracing as 
 mucli inlelligence and refinement as any other tc.vn of equal size. 
 For this happy result it was in no small degree indebted to Dr. Eli- 
 phaz Perkins. Few men were better calculated to introduce a mdd 
 and refined state of manners. He was a native of Norwich, Connecti- 
 cut; born in 175.3, graduated at Yale College, and removed to Athens 
 in 18U0. when a disposition to tramide on the laws i)revailed. The 
 services of a physician wei-e greatly needed in the settlement, and his 
 ai-rival was liailed with joy. By iiis attention to tlie sick, skill in his 
 profession, and by his urbanity and kindness, he at once became popu- 
 lar. The influence thus acquired he exerted in the most salutary and 
 unostentatious manner, while he frowned upon every breach of law 
 and decorum. His i>\\n deportment was a bright and living example 
 of purity and benevolence. He was truly a patron of learning. He 
 did much to establish and sustain common schools in that region. He 
 contributeil liberally to the ()hio University, was early appointed a 
 trustee, and for many years was treasurer of the institution. He died, 
 much lamented, on the 29th of April, 1828, in the lively exercise of 
 that Christian faith he had long professed. His descendants are 
 numerous and highly respectable; seven of them have graduated at 
 the Ohio University." 
 
256 Life of Ejjhraim Cutler. 
 
 minute men in Hampshire county (Massachusetts), com- 
 manded by Colonel Barnard. The regiment marched to 
 Concord, 21st of April, under Lieut.-CoL Williams, of 
 Northfield. I served in the regiment as quartermaster. 
 At Cambridge I took a lieutenant's commission in Captain 
 Hugh Maxwell's company, in Colonel William Prescott's 
 regiment, Massachusett's line, in which I continued from 
 May till the last of December. I continued in the same 
 regiment during the year 1776, when I engaged as captain 
 in Colonel Michael Jackson's regiment, and continued in 
 the same till the latter part of 1779, when I resigned and 
 returned home. 
 
 "I was in the party engaged in moving the stock from 
 Noddle's Island, and burning the Diana, British packet, 
 on Maiden Ways, near Boston, in June, 1775. I was in 
 the battle of Bunker Hill, 17th of June, 1775. I was in 
 several engagements during the evacuation of New York 
 Island in 1776. I was in the battle of White Plains 
 [where his brother, Pearly Brown, was killed], and in 
 December was present at the taking of Hackensack under 
 General Parsons. In 1777 I commanded a detachment at 
 the German Flats, and captured Walter Butler and his 
 party. I was in the detachment sent to raise the siege of 
 Fort Stanwix. I was in the battles of 19th September and 
 7th October, that preceded the capture of Burgoyne on 
 the 17th. During 1778 and 1779 I was not in any impor- 
 tant battle, but was not off duty during a single day dur- 
 ing the three preceding campaigns." 
 
 [The position of aid to General De Kalb was offered to 
 him at the time he (De Kalb) was ordered south to North 
 Carolina, where he was killed at the battle of Guilford. 
 He (Captain Brown) was the lirst man that entered the 
 Hessian works stormed by Brooks and Putnam's regi- 
 ments on the 7th of October, 1777, at Saratoga.] 
 
 "Near Dresden, O., December 22d, 1846. 
 " Dear Sir: — I received vours of the 10th of November, 
 and regret that it is not in my power to give you but a very 
 slight history of my father's life ; as I have never spent six 
 
Life of Ephraim Cutler. 257 
 
 months at home with hiiu, since I was fourteen years old. 
 My father (Captain Josiah Munro *) left liome from Am- 
 herst, iSTew Hampshire, with the first party of the Ohio 
 Company, and left me with the family when I was about 
 fourteen years old, and I came to Marietta, I think in 1796 ; 
 but there was nothing doing at Marietta, and as ray father 
 had no use for me, I went to Cincinnati after a few days' 
 stay at Marietta. Since that I have been employed during 
 my father's lifetime, almost constantly at a distance from 
 home. 
 
 '• I have understood that there were three brothers by the 
 name of Munro, my father's ancestors, together with several 
 others, emigrated in company from Scotland at a very early 
 date ; and bought a large tract of land in the township of 
 Lexington, Massachusetts, near Boston, and settled in com- 
 pany. I understood they were from the Highlands in 
 Scotland. At the breaking out of the Revolution, my father 
 was on a farm in Peterborough, ISTew Hampshire. The 
 battle of Lexington was fought on the common immedi- 
 ately before my grandfather Munro's door. My father 
 left his farm, and joined the service of the colonies immedi- 
 ately after the battle of Lexington and continued during 
 the war. I am not able to give the particulars of his serv- 
 ices during the war. I have understood he was at the 
 capture of Burgoyne and Cornwallis. 
 
 " After my father's death. Dr. True administered on his 
 estate, and all his papers were given to the doctor. I know 
 nothing of his commissions, but suppose they were among 
 the papers given to Dr. True. I do not positively know 
 in what in what regiment he served, but think it was com- 
 manded by a Colonel Cilly, but I may be mistaken in the 
 
 * There is in the Mound Cemetery at Marietta a monument bearing 
 this inscription: "Captain Josiah Muni'o; born at Lexington, Massa- 
 chusetts, February 12, 1745; died at Marietta, August, 1801. Hewasan 
 officer in the Revolutionary army, and became the friend of Lafayette, 
 who recognized his services in the war by the gift of a sword. He was 
 one of the original Ohio Company, who landed at Marietta, April 7, 
 1788, and was appointed postmaster at Marietta, 1794, which office he 
 held at the time of his death." 
 
 17 
 
258 Life of Ephraim Cutler. 
 
 regiment, I think, if his papers could be had, by looking 
 thera over, his commissions might be found, and perhaps 
 other useful information obtained. 
 
 " I am dear sir, very respectfully, yours, 
 
 " Joseph F. Munro." 
 
 "West Union, August 18, 1847. 
 " Judge Cutler. 
 
 '■'■Dear Sir : — It is with sincere satisfaction that I acknowl- 
 edge the receipt of your very friendly letter of the 10th 
 inst. It affords me consolation when I reflect on the time 
 we spent in our first acquaintance, in legislating (as we then 
 supposed) for a small number of inhabitants, but in fact it 
 was for millions. And when we reflect on the good our 
 labors have produced in promoting the great ends of justice, 
 and the good of the people generally, in promoting religion, 
 education, and internal improvements; we have a right to 
 infer that the most abandoned infidel must acknowledge 
 that an overruling Providence governs the affairs of nations, 
 as well as of individuals. 
 
 *' I have for some time been impressed with a belief that 
 the Lord has a controversy with our nation, and that for the 
 sins of this nation he will scourge us sometime as a nation ; 
 the beghming of which, perhaps (God only knows), is the 
 promotion of the present President of the United States, 
 and the unrighteous war with Mexico, The numerous un- 
 timely deaths by the sword and pestilence is a proof that 
 such a chastisement has commenced. 
 
 " I was eighty -two years of age on the 10th day of July 
 last. I have been engaged for the last forty-three years as 
 clerk for the Court of Common Pleas and Supreme Court. 
 I have now retired from all public business, and am "• seek- 
 ing a better country out of sight," and hope to meet you, 
 my friend, there. 
 
 " Most respectfully, I am your friend, 
 
 " Joseph Darlinton." * 
 
 * Mr. Darlinton was one of the last five survivors of the thirty-five 
 members of the Ohio Constitutional Convention, 1802. 
 
Life of Ephraim Cutler. 259 
 
 " Manchester, O., 3Iay 20, 1847. 
 " To Judge Cutler : 
 
 '■'■Dear Sir — From our brief acquaintance and the lapse 
 of time since we met, you may think it extraordinary, and 
 perhaps impertinent, that I should trouble you in this way. 
 Well, my apology is this, there are but few of us left (only 
 five I believe) of those who met on the iirst Monday of 
 November, 1802, in the old stone court-house in Chilli- 
 cothe, on the most important business ever transacted in 
 our state. Well, we formed a constitution that has been 
 much venerated, for which we ought to be thankful, if not 
 proud. It has worn well, having existed now almost forty- 
 iive years, while in the same period some of our sister 
 states have modeled and remodeled their constitutions. 
 Under the protection of divine Providence we have pros- 
 pered beyond the most sanguine expectation of any of us, 
 I suppose. For myself, I should have been, at that time, 
 cheered with the thouo;ht of the state becomins: in a cen- 
 tury what I now behold it. 
 
 " In looking over the Scioto Gazette, lately, I found the 
 editor apologizing that in a previous number he had stated 
 that there were but two of that convention living, but that 
 was an error, as there were four, and named yourself and 
 Messrs. Morrow, Reiley, and Darlinton. That paper went 
 down to Portsmouth, by way of exchange (I suppose), and 
 there the Clipper added my name, and that, like the rest, 
 I was far advanced in years, being about eighty, which 
 amount I numbered on the 2d of February last. But what 
 was most pleasing to me in the case was, that he pro- 
 nounced us all good Whigs. Well, as a state, we are pro- 
 gressing in improvements in husbandry, in the mechanic 
 arts, and above all in education. It appears to be the 
 object of all to enlighten the generation that is to follow 
 us, as the only means, under an overruling Providence, to 
 save our republic. As a state we are prosperous, but as a 
 nation we are, in my view, very guilty. We are now en- 
 gaged in a most unnatural, unnecessary, and disastrous 
 war. How it will terminate is only known to Him who 
 chastises one guilty nation by another equally guilty. As 
 
260 Life of LJjyhraim Cutler. 
 
 to the actings and doings of government, and the distress 
 of our fellow mortals on the other side of the water, your 
 knowledge, perhaps, exceeds mine. . . . Wishing you 
 health and comfort, and that your last days may he your 
 best days, I am yours, 
 
 " Most respectfully, 
 
 " Israel Donalson," 
 
 In a letter written August 1, 1848, Mr. Donalson says : 
 "I think, at this time, our constitution might he amended 
 so as to comport better with our present situation ; but it 
 would not be prudent to attempt amendment under the 
 present existing excitement in our state. To look back, it 
 seems but a short time since 1802 ; but it has been long 
 enough to consign thirty of our number, out of thirty -live, 
 to their last resting place, and the few that still live can 
 not long remain. Our venerable citizen, J. Q. Adams, 
 Andrew Jackson, and the chief Black Hawk were born 
 in the memorable year 1767, and they also are gone. My 
 birthday was the second of February in that same year. I 
 came to the back part of Virginia in IS^ovember, 1787 ; in 
 May, 1790, 1 came down to Kentucky, and the 1st of April, 
 1791, I came into the then K. W. Territory, and on the 
 22d of the month I was taken prisoner by the Indians, 
 while out surveying with Col. Massie. After little more 
 than a week's captivity I escaped. And from that day to 
 this my life has been one of turmoil. I came to the coun- 
 try young, inexperienced, without a friend to counsel or 
 watch over me. I have met with some heavy pecuniary 
 losses, but I am filled with gratitude to Him who has thus 
 far sustained me." 
 
 " Hamilton, O., 19^A April, 1842. 
 
 "Jtf?/ Dear Friend: — Your favor of the 29th ultimo has 
 been received, and I am really happy to find that you are 
 still in the enjoyment of health amongst the few who are 
 now living of the first settlers of the country forming the 
 State of Ohio. I have myself, like you, reason to be 
 thankful to the Great Disposer of all things for the health 
 which I am permitted to enjoy. 
 
Life of Ephraim Cutler. 261 
 
 " I am pleased to see the formation of societies for the 
 purpose of preserving from oblivion the facts and transac- 
 tions which took place amongst the settlers at an early 
 day. I am, however, one of those who never kept any 
 memorandum of occurrences, and can not, therefore, give 
 any correct account of the transactions and accidents 
 which took place and happened at the time of the first 
 settlement of the couutry. 
 
 "With respect to the convention which framed the con- 
 stitution of the State of Ohio, you will recollect that we 
 had more difiiculty and disputation on the third article 
 than on any otlier part. That article, with other parts, 
 had been reported at an early day of the session, but not 
 meeting with the views of a majority of the members it 
 had been referred to special committees, who had made 
 modifications and reported ; the modifications, however, 
 not being satisfactory could not be adopted. This caused 
 the meeting of the few members of whom you have made 
 mention.- We met, consulted on the subject, and prepared 
 a draft, which was presented and finally adopted, either as 
 presented, or with very slight modifications. This, as well 
 as I can now recollect, was the manner in which the third 
 article of the constitution was finally framed and adopted. 
 
 " When you have leisure, I should be happy to hear from 
 you. Respectfully, your friend, 
 
 "John Reiley. 
 
 "Ephraim Cutler, Esq." 
 
 In the winter of 1842-3, Judge Cutler had a claim before 
 the Ohio legislature for services rendered the state in 1822, 
 when acting as commissoner of schools and school lands. 
 
 The attention of the House of Representatives was called 
 to this claim, by the Hon. George M. Woodbridge, who at 
 that time represented Washington county at the capital. 
 He announced the result in a letter dated Columbus, 5th 
 February, 1843 : 
 
 " Dear Sir : — The resolution awarding you the small pit- 
 tance of $200 for services rendered the state, met with warm 
 
262 Life of Ejphraim Cutler. 
 
 opposition in the House, this morning, from McNulty and 
 Byington. Chambers, Robinson, Ackley and myself sup- 
 ported it. It passed by a vote of 41 to 18. 
 
 " Yours very truly, 
 
 " Geo. M. Woodbridge." 
 
 The Hon. Mr. Chambers wrote : 
 
 " House of Representatives, 
 
 " Columbus, February 2, 1843. 
 " E. Cutler, Esq. 
 
 " Sir : — Being on the Committee of Claims in this branch, 
 before whom your claim for compensation of services came 
 for consideration, and which resulted in recommending its 
 passage by the House, I take occasion to inform you that 
 after a sharp opposition, and much debate, it was passed 
 by a large majority. The resolution allows you 200 dollars 
 in full for your services. The resolution had passed the 
 Senate. Wishing you health and prolonged existence, 
 " I am sir, your friend and servant, 
 
 " David Chambers." 
 " P. S. — Your claim M^as ably and eloquently supported 
 by your representative, Mr. Woodbridge." 
 
 Mrs. Sally (Parker) Cutler, who had always fully sympa- 
 thized with her husband in his labors for the good of the 
 public, and had contributed largely to the happiness of his 
 life, was removed by death, June 30, 1846. She was born 
 June 6, 1777, in jN"ewburyport, Massachusetts. Her parents, 
 William Parker and Mary (Warner) Parker, were of good 
 !N"ew England stock, pious and intelligent. He was pro- 
 prietor of a share (1173 acres) in the Ohio Company's pur- 
 chase, and left l!Tewburyport, with his family, in the summer 
 of 1788, to join the Marietta colony. When he arrived in 
 Western Pennsylvania, he found little prospect of comfort 
 on the exposed frontier. Being unwilling to subject his 
 delicate wife and helpless family to the hardships of pioneer 
 life in the wilderness, he purchased a small farm in the 
 Forks of Y^ough, where they remained twelve years, until 
 peace and safety were assured. In 1800, they removed to 
 
Life of Ephraim Cutler. 263 
 
 his land on Leading creek, Meigs county, Ohio, where Mrs. 
 Cutler resided at the time of her marriage in 1808.* 
 
 In early life, she had the advantage of good schools. 
 Her love of reading and fine literary taste led to constant 
 intellectual advancement. She was remarkable for quick- 
 ness and clearness of perception, readiness in emergencies, 
 promptness in action, and sound common sense. She was 
 a member of the Presbyterian church, and adorned her pro- 
 fession by humble and sincere piety. She was kind and 
 liberal to the poor. Her influence was potent for good in 
 the community where she lived, and was especially useful 
 and helpful to young persons of her own sex. 
 
 She joined with her husband in the exercise of a cheerful 
 and graceful hospitality; to which her attractive person 
 and manners, her agreeable conversation and sprightly wit, 
 gave an added charm. She not only superintended and 
 participated the labors of her large household, but by her 
 systematic methods found time to direct, in their early years, 
 the studies and hear the recitations other children, listen- 
 ing to the declamations of her sons and by her suggestions 
 helping to train them as speakers. She was careful to in- 
 culcate correct principles, purity of life and heart, and that 
 " fear of the Lord which is the beginning of wisdom." 
 She gave to them ungrudgingly the best years of her life, 
 and when tliey went forth into the world they felt her in- 
 fluence, like a presence, go with them. Well, may her 
 children " arise up and call her blessed." 
 • A free hospitality characterized the early settlers of 
 Ohio, and in few houses was its exercise more constant 
 than at the Cutler homestead. ITew Englanders who were 
 proprietors of shares in the Ohio Company, or who came 
 
 * Ephraim and Sally Parker Cutler had five children: 
 
 1st. Sarah Cutler, born April 17, 1809; married Hon. Ilenry Dawes. 
 She is still living at Marietta, Ohio. 
 
 2d. Manasseh Cutler, born July 25, 1810 ; died October 2, 1822. 
 
 3d. William P.uker Cutler, born July I L', 1812; died Ai)ril 11, 1889. 
 
 4th. Julia Perkins Cutler, born January 24, 1814. 
 
 5th. Clarissa Warner Cutler, born October 27, 1816; married Rev. 
 James S. Walton. Died July 8, 1874. 
 
264 Life of Ephraim Cutler. 
 
 out to see the country, rested here from the fatigues of 
 the journey sometimes for weeks, and many letters, now 
 yellow with age, speak with gratitude of the kindness 
 shown the writers when " strangers in a strange land." 
 
 In his Western home Judge Cutler found himself in a 
 community largely composed of officers and soldiers of 
 the Revolutionary war. These veterans were among his 
 best friends, and were always welcome and honored guests. 
 Here the brave old Commodore Whipple told to apprecia- 
 tive hearers his gallant exploits upon the sea ; and here St. 
 Clair, Putnam, Oliver, Bradford, and scores of others often 
 came for friendlv intercourse, and " to fig-ht their battles 
 over again." A soldier never left his door uncheered by 
 his courtesy, or, if in need, unaided by his liberality. 
 Among the many visitors of later years were Paul Fearing, 
 Samuel F. Vinton, W. R. Putnam, and Caleb Emerson, 
 all admirable talkers, the latter a man of leisure who fre- 
 quently spent a week there discussing the " old and the 
 new " with his friend Cutler, in a way most satisfactory to 
 themselves, and instructive and delightful to those whose 
 privilege it was to listen, for as thinkers and conversation- 
 alists they were unique. 
 
 He was free from that envy and selfiishness which re- 
 gards the gain of others as a personal loss. He rejoiced in 
 the prosperity and advancement of his neighbors, and 
 loved to gather them about him socially. And on Thanks- 
 giving Day all his children and grandchildren were ex- 
 pected to appear at his table and enjoy with him that old- 
 time festival. He treated women with sincere and respect- 
 ful courtesy, and children with peculiar tenderness. In 
 his own home his presence was always a benediction, and 
 there his life seemed the most satisfactory and complete ; 
 for he was a thoughtful and appreciative busband, and the 
 kindest and best of fathers. 
 
 Havinof carved out of the forests a farm for himself at 
 Waterford, at Ames, and at Warren, he knew well the 
 necessities and privations of pioneer life, and his helpful 
 hand has aided many a worthy, industrious man to make 
 a comfortable home in the wilderness. Not less than two 
 
Life of Ephraini Cutler. 265 
 
 hundred families were established on lands wliicli lie con- 
 veyed to them, waiting their convenience, sometimes for 
 years, to make him payment for their farms. 
 
 He seemed to know and appreciate every man's difficul- 
 ties, and as far as practicable to remove them. Some were 
 furnished with needed provisions or implements, some 
 with a coAv, that the little ones might not lack proper 
 food ; others were provided with a team, in order that 
 their land might be cleared, fenced, or plowed in season 
 for a crop, the seed for which was not unfrequently also 
 supplied. He was a safe and judicious counselor. His 
 advice and aid were often sought by widows and orphans 
 in their perplexities, and was freely given. These and 
 similar acts of kindness were many times recalled and 
 gratefully acknowledged after he was sleeping in the dust. 
 His readiness to help those who needed help sometimes 
 occasioned him serious loss, for he was permitted to pay 
 debts for which he was security to an extent really embar- 
 rassing ; and yet, after all his financial difficulties, at the 
 close of life he was entirely free from debt. 
 
 The Rev. Dr. Manasseh Cutler was a man of rare attain- 
 ments in science and literature, and of high social position. 
 It would not be strange if his son Ephraim sometimes 
 thought with regret of the privileges of his father's 
 house, foregone by his early transfer to the more humble 
 home of his grandfather, Hezekiah Cutler, of Ivillingly. 
 It may be doubted, however, if in moral and physical 
 training, and in true manliness, he suffered any real loss; 
 for it was from this man of strong intellect and sterling 
 integrity that he received his first views of men and life ; 
 and learned that reverential regard for the patriots of the 
 Revolution, and that ardent love of countrv, which at all 
 times marked his career. Entering upon the active duties 
 of citizenship soon after the close of that eventful period, 
 he adopted the principles of Washington, Adams, and 
 their compeers, and being positive and earnest in his con- 
 victions, never swerved from them upon questions of 
 national policy. 
 
 It has been said of him that " he was one of the busy 
 
266 Life of Ephraim Cntler. 
 
 workers, who at the riglit time, and in his appointed 
 sphere, dug deep, and laid broad the foundations of many 
 generations,"^- His successful effort in the constitutional 
 convention to exclude slavery from the state, is thus 
 noticed by another writer : f "The greatest service ren- 
 dered bv Judge Catler in the convention was his deter- 
 mined opposition to the introduction of slavery into the 
 State of Ohio ; for, strange as it may seem, a strong effort 
 was made to fasten this system on the state, notwithstand- 
 ing the language and solemn compact of the ordinance of 
 1787. . . . Judge Cutler stood in the breach, and with 
 all his power and great persistency battled against this 
 movement. His friends rallied around him ; he was finally 
 successful, and to Ephraim Cutler, more than to any other 
 man, posterity is indebted for shutting and barring the 
 doors against the introduction into Ohio of the monstrous 
 system of African slavery." Afterward, in the state legis- 
 lature, he was the acknowledged leader of the friends of 
 common schools. Israel Ward Andrev/s, LL.D., president 
 of Marietta College, in his Centennial Plistorical Address, 
 1876, says : "Among the public men to whom the cause of 
 popular education in Ohio was greatly indebted in the early 
 history of the state, none deserve niore prominence than 
 Judge Ephraim Cutler." Referring to his labors in forming 
 a new revenue system for the state, providing that property 
 should be taxed according to its true value, which was 
 established in 1825; Dr. Andrews adds : "To him, more 
 than to any other, are we indebted for the law then en- 
 acted. The language of his contemporaries clearly shows 
 that he was regarded as the author." 
 
 Being solicitous for the proper application of the new 
 tax law, he accepted, in 1825, the appointment of assessor 
 for Washington county, and gave to the laborious duties 
 of the position his personal attention. He also held con- 
 sultation with the assessors of other counties in the Ohio 
 
 * Hist, Washington, Co., O., p. 472. 
 
 -j- Walker's History of Athens county, , pp 390-391. 
 
Life of Ephraim Cutler. 267 
 
 Company's Purchase, witli a view to secure just and 
 uniform assessments. 
 
 For more than tliirty years he held continuously the 
 office of justice of the peace, until he declined are-elec- 
 tion ; and for an equal period he was a trustee of the 
 Ohio University, to which he gave an intelligent and 
 faithful service. 
 
 Any sketch of the life of Ephraim Cutler which left 
 out the relisrious element in his character, would be incom- 
 plete. His whole life testifies that he was a liberty-loving 
 and God-fearing man, worthy of his Puritan ancestry. 
 
 The formation of the Presbyterian Church in Warren 
 township was mainly due to his influence. This church 
 was constituted February 23, 1828, by the Rev. Augustus 
 Pomeroy, a home missionary, and the Rev. Luther G. 
 Bingham, representing Athens Presbytery. It was at this 
 time that Judge Cutler made a public profession of re- 
 ligion. The letter, which he addressed to the church, 
 giving his belief, experience and views of duty, is as 
 follows : 
 
 " To THE Church of Christ now formkd in Warren : 
 
 " Having for some time earnestly prayed that a church 
 might be established in this place, which is now accom- 
 plished, I, with a humbling sense of my own unworthi- 
 ness, ask to be admitted as one of your members, ac- 
 knowledging to you, and to the Father of our Lord, Jesus 
 Christ, that I am unworthy to be one of the least in His 
 visible church. Through a life filled with demonstrations 
 of the constant care and sustaining power of Almighty 
 God, I have been visited by His Holy Spirit at various 
 times, convinced of the heinous nature of sin, and of the 
 absolute need of a Savior — such an one as is clearly de- 
 scribed and oflered to us in the gospel ; of the utter 
 depravity of our nature, and total inability of meriting 
 my own salvation, or living agreeably to the requirements 
 of a pure and holy God, who searches the heart and 
 knows the most secret thoughts of man, and can not look 
 upon iniquity with complacency. 
 
268 Life of Ephraim Cutler. 
 
 "Early in life, I believe at about the age of fifteen or 
 sixteen years, I had very deep convictions of sin, and had 
 manifestations of the forgiving goodness of God which 
 almost overcame me. I then formed resolutions which, 
 alas, I did not fulfill; but this time of His goodness has 
 been through life an anchor to my soul in temptation and 
 difiiculties, and a monitor to call me back to repentance. 
 I confess with deep contrition that I have run into many 
 sins, and behaved unworthily as a Christian, for which I 
 hope I have hunlbly and sincerel}^ repented, and asked 
 forgiveness, depending and relying alone on the atone- 
 ment made for sin by the dying sufierings and blood of 
 our glorious Eedeemer. 
 
 " I also acknowledge that I have been greatly sinful in 
 not coming forth and declaring myself on the Lord's side, 
 having experienced the refreshing infiuence of the Divine 
 Spirit on my heart in hearing the preaching of His word 
 at many times. I may mention particularly, under the 
 preaching of the Rev. Jacob Lindley, of Athens, and Rev. 
 Dr. Hoge, of Columbus; and also iu an extraordinary 
 manner by a sermon preached by the Rev. Mr. Davis, of 
 Salem, Pennsylvania, from Jude, 14, 15, and 16 verses, 
 wherein he proved the propriety, the justice and necessity 
 of God's punishing such sinners as are described in that 
 text. I was brought to feel as Avell as to see, that a pure 
 and a just God, who is of purer eyes than to behold evil, 
 and can not look upon iniquity, must regard with disap- 
 probation such an one as I felt myself to be. I fek that 
 my best devotions and best actions were tinctured with 
 selfishness, murmurings, and complainings. 
 
 "Unworthy as I confess myself to be, I feel it a duty 
 incumbent on me to offer myself to become a member of 
 Christ's visible church, with a confident hope that He will 
 intercede with the Father for the forgiveness of my sins, 
 and relying alone upon the richness of free grace to make 
 atonement for them, believing that none can come unto 
 Christ unless the Father draw them; yet that all who hear 
 the gospel have a free choice to accept the Savior or re- 
 fuse him. 
 
Life of Ei^hraim Cutler. 269 
 
 " With great diffidence, and some degree of humility, I 
 have drawn up this sketch of my feelings, belief, and de- 
 sires, earnestly soliciting of my Christian friends a remem- 
 brance at the throne of grace, that the Holy Spirit will 
 perfect in me any good work that may be begun,. and that 
 I may so walk as to honor my Redeemer, and perform 
 every Christian duty. The fear of failing in these has 
 hitherto prevented my publicly professing my attachment 
 to the cause of Christ. Ephraim Cutler." 
 
 A few years later he was chosen a ruling elder, and, by 
 his Christian example and prudent counsel, sought to pro- 
 mote the spiritual and temporal interests of the church. 
 He was active in the Sabbath-school, weekly prayer meet- 
 ings, and monthly concerts of prayer. He gave liberally 
 to the Bible society and to the cause of Christian missions 
 at home and abroad. He contributed accordina: to his 
 means to erect a church building, and to sustain the 
 preaching of the gospel in it. He was twice a delegate to 
 represent the Presbytery of Athens in the Presbyterian 
 General Assembly, once at Pittsburg, in 1835, and again 
 at Philadelphia, in 1837. It was truthfully said of him, 
 " he served the church, as he ever did the state, with stead- 
 fast fidelity. " 
 
 He was an early and earnest advocate of the temperance 
 reform, which began about 1830, both by example and 
 precept. He banished all intoxicating drinks from his 
 house and farm, and, in private and public, urged upon 
 others the propriety and necessity of total abstinence. 
 
 His life had been an active one, and with a naturally 
 good constitution and temperate habits, his health was al- 
 most uniformly excellent. Until nearly four score years 
 of age, he could mount his horse from the ground, and in 
 his eighty-sixth year, he was able to ride, on horse-back, 
 in a single day from his home in "Warren, some twenty- 
 seven miles, to his farm in Ames. He was strongly built, 
 about six feet in height, with a well developed head and 
 deep grey eyes. Except his hearing, his faculties were re- 
 markably well preserved, and to the last his strong intel- 
 
270 Life of Ephraim Cutler. 
 
 lect and sound judgment were undimmed. Eelieved by 
 his son of all irksome cares, he spent much time in his 
 favorite occupation of reading his chosen books and the 
 newspapers, for he never lost his interest in the world's 
 progress; thus surrounded by his family and friends, his 
 was a beautiful example of a peaceful, happy old age. 
 
 Early in the spring of 1853, while riding to Marietta, his 
 horse stumbled and threw him to the ground ; although 
 stunned at first, he, for a time, thought little of the occur- 
 rence, but it soon became evident that he had received 
 serious internal injury. During the four mouths of in- 
 validism succeeding the accident, he was cheerful and 
 patient, receiving his friends with his usual courtesy, often 
 expressing to them his unwavering trust in the goodness 
 of God, and bearing testimon}' to the iaithfulness of Him 
 "who had been with him in six troubles and in the 
 seventh had not forsaken him." He had 'an abiding faith 
 in the efficacy of the gospel, and in its final triumph on 
 the earth. July 8, 1853, the end came; "he was not, for 
 God took him." 
 
 His funeral discourse was preached by the late Professor 
 Rev. E. B. Andrews, of Marietta College, who, at that time, 
 ministered to the church in Warren. 
 
 Without reproducing letters of condolence, it may not 
 be improper to record the following editorial notice from 
 the Ohio State Journal: "We knew Judge Cutler inti- 
 mately. A matter of business brought us together in 
 1841, and we have spent many pleasant days at his resi- 
 dence on the banks of the Ohio, a few miles below Mari- 
 etta. His family was one of the purest, most amiable, and 
 intelligent in the land. Hon. William P. Cutler, formerly 
 speaker of the House of Representatives, and now presi- 
 dent of the Marietta and Cincinnati Railroad Company, is 
 his son, and for many years has resided at the homestead 
 on the Ohio. Judo;e Cutler belonged to that class of 
 strictly upright, honest, and true men, of whom the pio- 
 neers of this state afford so many noble examples. He was 
 peculiarly blessed in his children. We have never seen a 
 family that were united by stronger bonds of affection and 
 
Life of Ejphraim. Cutler. 271 
 
 reo-ard. His house was the home of comfort. Books, 
 
 magazines, papers, all the appliances of the best cultivated 
 taste Avere in abundance and were kept for use — not for 
 show. He died at a ripe old age, and his memory will 
 long be cherished by those who knew his virtues." 
 
 The editor of the Marietta Intelligencer closed an ap- 
 preciative obituary notice wnth these w^ords : " In every 
 sphere and relation of life, Judge Cutler was a useful man. 
 He was an upright judge, an intelligent legislator, a pub- 
 lic-spirited citizen, a good neighbor, an affectionate father, 
 a sincere Christian, and an honest, true man." 
 
272 Sketch of the Life of 3Iajor Jervis Cutler. 
 
 MAJOR JERVIS CUTLER. 
 
 Major Jervis Cutler, second son of Rev. Dr. Manasseli 
 and Mary (Balch) Cutler, was born in Edgartown, Mar- 
 tha's Vineyard, September 19, 1768. His father re- 
 moved to Ipswich Hamlet (afterward Hamilton), Massa- 
 chusetts, in 1771, and took charge of the Congregational 
 Church in that place. It was in that pleasant rural vil- 
 lage that Jervis Cutler spent his boyhood and youth, par- 
 ticipating in its educational advantages, until Dr. Cutler 
 established at his own home, in 1782, a private boarding 
 school for bovs. Althouo;h brio-ht, with an active, in- 
 quiring mind, he was not a close student, and, conse- 
 quently, the boon' of a career at Harvard College was 
 reserved for a younger brother, and he was sent, at the 
 age of sixteen years, to be initiated into the business of 
 commercial life under the auspices of his father's friend, 
 Captain David Pearce. of Gloucester. In the course of 
 his novitiate. Captain Pearce sent him to Europe, and he 
 visited France and Denmark, greatly enjoying all that he 
 saw. 
 
 In the meantime a new project began to interest the 
 . public, more especially those who after years of hard serv- 
 ice in the tented field had now returned to private life 
 w^ith reduced fortunes and shattered health. The plan, to 
 which thev were driven bv their trials and necessities, 
 was to purchase land of the government, upon which 
 they could colonize together, and begin life anew. This 
 led to the formation of the Ohio Company in 1786. Dr. 
 Cutler was greatly interested in this movement, and his 
 associates manife^ed their confidence in his integrity and 
 good judgment by making him one of the three directors 
 of the company, and commissioning him to negotiate 
 with Congress for the land for the proposed settlement. 
 With great wisdom and skill, he accomplished this busi- 
 ness to the entire satisfaction of his associates. In the 
 
Sketch of the Life of Major Jervis Cutler. 273 
 
 autumn of 1787 preparations commenced for taking pos- 
 session of the purchased domain, which consisted of 
 1,500,000 acres of land in the ^orth-west Territory, 
 
 In the general interest this movement excited, the young 
 mercantile clerk fully shared. He had seen enough of the 
 world to wish to see more. When the first detachment of 
 the forty-eight original pioneers of Ohio left Dr. Cutler's 
 door on that bright winter morning, December 3, 1787, we 
 are hot surprised to tind of the number Jervis Cutler, now 
 nineteen years old, with his relative, Samuel Cushing, and 
 other " neighbor lads," starting, with elastic steps and high 
 hopes, on the long march to the Muskingum. Dr. Cutler 
 then expected at no distant day to join the colony. In a 
 letter of this date he writes to General Rufus Putnam, the 
 superintendent of affairs : " My son is gone on in the com- 
 pany, and I beg you will be so kind as to pay some atten- 
 tion to him, and give him such counsel and advice as you 
 would your own. I feel a satisfaction in the reflection 
 that he is under your care." 
 
 History records the hardships of that wearisome march 
 over bad roads and snow-covered mountains, and the 
 tedious delays from inclement weather, and other misfor- 
 tunes, but at length the goal was reached, April 7, 1788, 
 and Jervis Cutler was the lirst of that band of pioneers to 
 leap on shore as the Union galley neared the land. " He 
 was often heard to say that he cut the first tree to make 
 a clearing for a white habitation in the new settlement." 
 
 After two or three months spent at the Muskingum, he 
 went back to Western Pennsylvania, where a number of 
 !N^ew England families, some of them from his father's parish, 
 were temporarily located, awaiting the establishment of the 
 pioneer colony. Here he engaged in teaching school, and 
 was thus employed when Dr. Cutler came through on his 
 way to visit Marietta, the new settlement on the Ohio 
 Company's land. At the close of his school he returned 
 to Marietta, and in the spring of 1789 joined the associa- 
 tion who commenced the settlement at Waterford, twenty 
 miles up the Muskingum. His lot of land was on the fer- 
 18 
 
274 Sketch of the Life of Major Jervis Cutler. 
 
 tile peninsula west of the river, where Major Dean Tyler 
 erected a blocKi-house for the security of himself and those 
 who were located near him. John Gardner, one of the 
 associates, drew a lot adjoining that of Jervis Cutler, and 
 they assisted each other in clearing their land, and had 
 made favorable progress, when one day, while Cutler was 
 absent at Marietta, Gardner w^as seized by a party of hos- 
 tile Shawuees, bound, and hurried into captivity, but by 
 adroitness and steadiness of purpose he escaped from liis 
 captors, and after four days absence got back the same time 
 that Cutler returned from Marietta. The next morning they 
 resumed their woodland labors. A lady who came that 
 day to the settlement, a girl of seventeen, described Jervis 
 Cutler as being at that time " tall, erect, graceful in his 
 motions, and as handsome a man as I ever set my eyes on." 
 
 The following autumn, from curiosity to see the coun- 
 try, he joined a party of Ohio Company's surveyors, at work 
 between the Big Hockhocking river and Raccoon creek. 
 This party consisted of twelve men. They employed 
 Benoni Hurlburt, a hunter and trapper, to supply them 
 with meat. He was brought up a backwoodsman in 
 Western Pennsylvania. Clad completely in dressed deer- 
 skin, he was a bold and fearless ranger of the w^oods, and 
 well acquainted with savage warfare ; he often said " he 
 was not afraid of any Indian," and yet two years later he 
 fell by their hand. 
 
 While out with this party Jervis Cutler was lost in the 
 woods, of which Dr. Hildreth gives a detailed account in 
 his " Early Settlers of Ohio," taken from his own lips a 
 few years before his death. It illustrates one class of dan- 
 gers to which all of the pioneers were exposed. He was 
 not one of the regular hands of the surveyors, but being 
 fond of hunting and expert wnth the rifle, went out one 
 morning with Hurlburt in seach of game. He became 
 separated from his companion, and not being accustomed 
 to the woods, could not regain the trail. Toward night 
 he shot and wounded a bear, which escaped him. Finding 
 himself actually lost, he fired his gun several times in the 
 vain hope of hearing a response from the party. Xight 
 
Sketch of the Life of 3Iojor Jercis Cutler. 275 
 
 coming on, he built a lire at the roots of a dry beech tree, 
 and being very tired, was soon asleep. The lire ran up 
 the tree, and a piece of ignited wood fell on his clothing 
 and burned him severely before he could extinguish the 
 flame. By davli2:ht the next morning he started east in 
 hopes of reaching the Ilockhocking, which he knew was 
 in that direction, but the day closed and he had not found 
 the river. He laid down near a small stream of water, 
 w^ithout food or lire, with his little dog curled up at his 
 feet. The third morning he started early, saw many signs 
 of bufl'aloes, but found none, or indeed any other game. 
 His faithful dog, as if aware of his necessities, sought as 
 eagerly as himself for game, and toward night discovered 
 a little half-starved opossum. Regarding this as better 
 than no food, he killed and roasted it by his camp-fire, 
 and offered a portion to his dog, who, however, declined 
 to partake of such poor fare ; but Mr. Cutler, having now 
 been three davs without food, ate it with relish and felt 
 refreshed. He arose on the fourth morning, after a good 
 night's sleep, and pursued his eastward course with re- 
 newed vigor, though probably often deviating from it. 
 Soon his dog started up a flock of turkeys ; at this animat- 
 ing sight he leveled his gun at one of the largest birds, not 
 thirty feet distant, and in his agitation and eagerness 
 missed his mark, and it flew away unharmed. He thought 
 his gun must have been bent or injured, and would no 
 longer shoot with any accuracy. He was filled with de- 
 spair, and believed he must starve before he could escape 
 from the dreary woods. After shedding a few tears over 
 his hopeless condition, he examined his gun, wiped it out, 
 and loaded it with great care. A solitary turkey was still 
 visible, perched on the top of a high tree. Resting his 
 gun, lie took deliberate aim, fired, and it fell to the ground. 
 A fire was made, the turkey prepared and roasted on tlie 
 coals ; he thought he never tasted sweeter food — an opin- 
 ion in which his little dog evidently coincided. Xot long 
 after, a deer came in sight, which he shot, and took with 
 him the choicer portions for future exigencies. That night 
 he supped on'roasted venison, slept soundly by a cheerful 
 
276 Sketch of the Life of 31 a jo r Jervis Cutler. 
 
 fire, and rose with renovated strength and spirits to begin 
 the fifth day of his wanderings. A little before noou he 
 came to the Hockhocking at a place he recognized, near 
 where the surveying party began their work. He now 
 knew where he was, but instead of returning to the settle- 
 ment he determined to follow the line of surveyors, which 
 he could readily do Ijy the blazes on the trees, until he 
 found them. Game was abundant ; he was no longer har- 
 rassed by feeling that he was lost. He started with fresh 
 vigor on the trace, and came up to the surveyors the eighth 
 clay of his solitary ramble. They gave their lost compan- 
 ion a joyful welcome, but as he was not a regular hand, 
 they supposed he had gone back to the settlement, and 
 were not so much alarmed by his long absence. 
 
 A severe frost, earlv in the autumn of 1789, which fell 
 upon and ruined the fields of unripe corn, was followed by 
 a season of distressing scarcity of wholesome food in all 
 the settlements. This season of famine was long known 
 as " the starving year," and was not relieved until the 
 next crop was gathered in. Jervis Cutler writes to his 
 father, March 15, 1790 : " The reason of my selling my 
 land was this : We had lived all winter on the provisions 
 we brought down the river with us, and had little work to 
 do, and by spring we had expended all our provisions, and 
 had none to carry on to our land with us, but had to run 
 in debt for them. Things not turning out as I expected, 
 I was obliged to live terribly poor — almost upon nothing. 
 The men from whom I had provisions began to be uneasy 
 about their pay, and threatened to sue me. I got disgusted 
 with their behavior and with the country, and sold my 
 land to pay my debts." 
 
 He adds : " The small-pox is raging very severely in Ma- 
 rietta at present, and everybody has it in their own houses ; 
 and most of them have it very hard, and several have 
 died." In the midst of famine, pestilence, and debt, no 
 wonder the young man sold his land, and returned to his 
 New England home, which he reached safely after an ab- 
 sence of three years. 
 
 He married, in 1794, Philadelphia Cargill, daughter of 
 
Sketch of the Lije of Major Jervis Cutler. 277 
 
 Captain Benjamin Oargill, who, at that time, owned valu- 
 able mills, on Quinabog river. In 1795, his brother, Eph- 
 raim Cutler, removed from Killingly to Marietta, and, not- 
 withstanding his hard experiences in the West, he would 
 have joined him in the migration, but liis wife shrank 
 from the dangers and privations of pioneer life, which fas- 
 cinated him. He writes to his brother : " I should esteem 
 it one of the greatest pleasures of my life, if I could visit 
 that country once more." 
 
 He came to Ohio in 1802, and engaged in the fur trade 
 at Chillicothe and on the Miami, in which lie was fairly 
 successful, selling his furs in the eastern markets. He 
 came west again in 1805, and established himself at Bain- 
 bridge, on Paint creek, where he purchased land and built 
 a house, carrvine: on a mercantile business in connection 
 with the fur trade. In May, 1806, while residing there, he 
 was elected captain of a ritle company ; and not long after 
 major of Colonel McArthur's regiment of Ohio militia, a 
 position " his tine personal appearance and some expe- 
 rience in military aflairs in Connecticut enabled him to 
 fill with great credit."— (Hildreth.) 
 
 May, 3, 1808, he was appointed, by President Jefferson, 
 a captain in the Seventh regiment of United States Infan- 
 try, and received orders from the Secretary of War to open 
 a recruiting office in Cincinnati. In l^ovember, he was 
 sent to Xewport, Kentucky, to take command of that can- 
 tonment ; and writes from there to his brother : " I have 
 been ordered with my company to this place, but am 
 doubtful w^hether my winter quarters will be here. I lack 
 but ten men of the seventy-five necessary to complete my 
 company, and I have the finest set of young men ever en- 
 listed this side of the mountains ; and they are, considering 
 the short time, tolerably well trained. I have lost five by 
 desertion and death. I have a very agreeable set of of- 
 ficers, and we are pleased with our company and situa- 
 tion." 
 
 With a full company, he was ordered, February 23, 
 1809, to New Orleans, where they arrived late in March, 
 and were attached to the command of Major Z. M, Pike. 
 
278 Sketch of the Life of 3Iajor Jervis Cutler. 
 
 He was soon after prostrated with yellow fever, and 
 " while lyinp^ very low, reduced to a mere skeleton," he 
 received notice that, " the senate not having confirmed his 
 appointment, he was'dismissed the service." Conscious of 
 his own integrity and zeal for the service, and being sick, 
 away from friends, without pay, and two thousand miles 
 from home, he thought his case extremely hard. On in- 
 vestigation, it was found that the secretary had neglected 
 to present his name to the senate, and that he had been 
 falsely charged with having, at an election in Ohio, en- 
 gaged in electioneering, and spoken disrespectfully of the 
 administration. These charges he was able fully to dis- 
 prove, and he applied to Congress for redress; and, in 
 April, 1814, he received tardy justice by the allowance of 
 his claim. 
 
 On leaving ISTew Orleans, Jervis Cutler went, by way of 
 "Washington, to Massachusetts. He was a man of much 
 versatilitv of talent, and a o-reat taste for the fine arts. 
 During his invalidism, he made some attempts at engrav- 
 ing, specimens of which he sent to his Ohio friends. Writ- 
 ing of them, he says : " These are my first attempts in this 
 way. I had no tools fit to work with, and never saw an 
 engraver at work in my life. These were done, by candle 
 light, for my own amusement, and if they contribute to 
 yours, I shall be highly gratified." 
 
 In 1812, he prepared and published "A Topographical 
 Description of the State of Ohio, Indiana Territory, and 
 Louisiana, with a Concise Account of the Indian Tribes 
 "West of the Mississippi, to which is added the Journal 
 of Mr. Charles Le Raye while a Captive with the Sioux 
 Nation on the Waters of the Missouri River." When de- 
 scending the jSlississippi, on the way to ISTew Orleans, in 
 1809, !Major Cutler made the acquaintance of Mr. Le 
 Raye ; speaking the French language fluently, he obtained 
 from that gentleman the Journal, and much interesting 
 information of a people and region then little known. He 
 illustrated the book with copper-plate engravings. About 
 one thousand copies were printed, and it appears to have 
 been quite popular. He successfully continued his eftbrts 
 
Sketch of the Life of Major Jervis Cutler. 279 
 
 to acquire the engraver's art. His work was approved, 
 and he received patronage from Salem and Boston. 
 
 In 1814, he was again in Ohio settling up his affairs, and 
 on his return had in charge a daughter of Ephraim Cut- 
 ler, going east to attend school. The journey was made 
 on horseback, passing through Washington and Baltimore 
 just before those places fell into the hands of the British 
 army. 
 
 In 1817, he took his final leave of ]S"ew England. There 
 were as yet no public conveyances across the country, and 
 he moved his family in wagons to Ohio. Here Mrs. Cut- 
 ler died, October 6, 1820. He married again in 1824, Mrs. 
 Elizabeth S. Chandler, of Evansville, Indiana, and settled 
 in I^ashville, Tennessee, where he pursued his occupation 
 as an engraver. He was employed to engrave plates for 
 business cards and bank-notes in Tennessee and Alabama, 
 and to illustrate " TanneliilFs Masonic Manual." 
 
 In 1841, he removed to Evansville, where he died, June 
 25, 1844; aged seventy-six years. 
 
 He was a man of kindly spirit, wide intelligence, and 
 correct habits. His varied experiences made him a -most 
 interesting talker and jjleasant companion. He was a 
 Whig in principle, but took no active part in politics. His 
 step-sons, W. H. Chandler, Esq., editor of the '^Evansville 
 Journal," and Hon. John J. Chandler, bore affectionate 
 testimony to his great kindness of heart and moral excel- 
 lence. His daughters marriei] and settled at the South. 
 He had three sons: Albigence Waldo Cutler, an elder in 
 the Presbyterian Church, died in Iowa City, Iowa, in 18*31 ; 
 Charles Torrey Cutler, editor of " El ISTicaraguense," died 
 at Granada, jS'icaragua, in 1856; George Albert Cutler, 
 M.D., is in California. 
 
280 Sketch of the Life of William Parker Cutler. 
 
 WILLIAM PARKER CUTLER. 
 
 William Parker Cutler, youngest son of Ephraim and 
 Sally Parker Cutler, was born at the old Cutler homestead 
 in Warren township, Washington county, Ohio, 12tli July, 
 1812. He died at Marietta, Ohio, where he had lived since 
 1872, on the 11th of April, 1889. 
 
 His father, always a busy man, was much in public life 
 in William's school-boy days, and his mother had charge 
 of his early education. She was a woman of cultivated 
 mind and literary tastes, and of earnest religious feeling, 
 and she left the impress of her strong character indelibly 
 upon his mind. In 1829 he entered the Ohio University 
 at Athens in the class of 1833. At the close of the Junior 
 year ill-health obliged him to abandon his studies, and 
 make a long journey on horseback through the South. 
 On his return home, he engaged in farming with his 
 father. His feeble health continued many years, and ef- 
 fectually checked any aspirations he may have had for a 
 professional career. In the great political campaign of 
 1840 he began to make public speeches. Very soon he 
 attracted the attention of the leading men in the Whig 
 party, and in 1842 was its nominee for representative in 
 the state legislature from Washington county. He was 
 defeated by George M. Woodbridge, who ran as an inde- 
 pendent candidate, and was supported by the Democrats. 
 
 In 1844 he was again nominated, and was elected by a 
 large majority. IS^otwithstanding his retiring disposition, 
 he soon acquired an influential position among his party 
 friends in the legislature, and before the close of the ses- 
 sion was recognized as a leader on the floor. In 1845 he 
 was re-elected. In July, of that year, three citizens of 
 Washington county, Creighton J. Lorraine, Peter Garner, 
 and John Thomas, while engaged in assisting runaway 
 slaves to escape, were captured by a party of Virginians 
 on the banks of the Ohio river, within the limits of Wash- 
 
/ ^x 
 
 J 3 J 3 
 
 ) , . " V ■• ' 
 
 J J ) ' 
 
 '^ ' ^j 'j', 33 33 
 
 ^^j:^ 
 
 p. QUTEKUN&T, PRINT, PHiLA. 
 
Sketch of the Life of William Parker Cutler. 281 
 
 ington county, forcibly abducted, and contined in the jail 
 at Parkersburg. Ko Virginian would bail them, althougli 
 JSTahum Ward, A. T. Nye, and Mr. Cutler oft'ered to in- 
 demnify their bondsmen in any sum. They were tried 
 and found guilty at the September term of the court at 
 Parkersburg, but the question of the jurisdiction of Vir- 
 ginia over the soil where they were captured was referred 
 to the Virginia Court of Appeals. In December the Ohio 
 Legislature met. Immediately upon Mr. Cutler's arrival 
 at Columbus, Governor Mordecai Bartley sent for him, and 
 informed him that he had matured a plan for the rescue 
 of the prisoners. It was to organize quietly a company — 
 say 100 men — of the militia at Columbus, place them un- 
 der reliable officers, appoint a rendezvous near the Ohio 
 river bank, where the men should collect early on a given 
 eveninsr, secure boats, cross the river, and take the three 
 Ohio men out of jail, and set them at liberty on Ohio soil. 
 Mr. Cutler gave the governor all the information he 
 needed, but told him the inevitable result would be a bor- 
 der war, and uro-ed him to at least delav action. Governor 
 Bartle}' was inclined to act at once, and seemed to think 
 that it was his duty to secure possession of the men. Be- 
 fore he put his plan in operation, Samuel F. Vinton made 
 his famous argument before the Virginia Court of Appeals. 
 That court, at a special session held at Parkersburg early 
 in January, 1846, admitted the prisoners to bail, each in 
 the sum of one hundred dollars, and each on his own 
 recognizance. They were at once set at liberty, and the 
 case never reached a iinal decision. 
 
 In the fall of 1846 Mr. Cutler was again nominated and 
 elected to tlie legislature. Of his journey to Columbus, 
 now a five hours' ride by rail, he wrote to his father on 
 December 7th : " . . . The stage left Marietta at 11 
 o'clock Wednesday night, and we had a perilous time get- 
 ting to Zanesville. We found the water over the bridge 
 this side Lowell so deep that the driver refused to cross. 
 I prevailed upon him to let me have a horse and ride over 
 and back, after which he ventured with the coach. We 
 drove over Big Run bridge with the plank all afloat some 
 
282 Sketch of the Life of WiUiani Parker Cutler. 
 
 eight or ten inches above the sleepers, the fore wheels in 
 some places pushing the planks up in heaps, and the hind 
 wheels running on the sleepers. At another place we 
 tried to swim, but the horses refused, and turned directly 
 for the river at the mouth of the creek; we were barely 
 saved by striking a high bank, which projected into the 
 stream. At the brido-e across Olive Green we found the 
 plank afloat, and the driver and myself waded in and spent 
 half an hour in the water loading the plank down with 
 stones. But we were o-raciouslv preserved, and arrived 
 safely at Zanesville Thursday evening, and at Columbus 
 Friday night. . . . The Whigs, with great cordiality 
 and unanimity, have placed me in the speaker's chair, the 
 duties of which give me but little time at present." 
 
 In a letter to the Cincinnati Sio-nal, after the close of 
 this session, Hon. E. G. Squier spoke of Mr. Cutler's leg- 
 islative career as follows : 
 
 "Let us glance around the hall of the lower house — not 
 to admire its architectural wonders — and see if we can de- 
 tect the ' men of mark.' Our attention first rests upon the 
 speaker's chair. Its occupant is a tall and swarthy, per- 
 haps we should say sallow man, dressed with the utmost 
 plainness, and with a carelessness which might be deemed 
 aft'ectation in any other person. He stoops slightly — is it 
 from a sense of beine; tall and without elea-ance? No. 
 Although modest and retiring to a fault, he never bestows 
 -a thought on outward appearance, nor calculates outward 
 impressions. . . . 
 
 "Mr. Cutler is a gentleman of liberal education, and his 
 acquirements are rich and varied. Yet he has always 
 been contented in the quiet of his farm ; and in that re- 
 tirement, reflection and thought have exercised their 
 chastening and refining influences. When, therefore Mr. 
 Cutler was called to the capitol, he came there with a 
 healthy, well-balanced intellect, and nothing l)ut a modesty 
 almost painful in its excess prevented him from at once 
 assuming the lead of his party. Yet, witliout eftbrt, he 
 soon became invested with an influence second to no other 
 man's on the floor, and his voice carried with it a predom- 
 
Sketch of the Life of William Parker Cutler. 283 
 
 inatiug weight. As soon us the result of the late state 
 canvas was ascertained, all eyes turned to him as the man 
 best fitted to preside over the House to which he was 
 elected. He received the unanimous nomination of his party 
 and was elected to the Speakership. No other selection 
 could possibly prove so satisfactory. He possesses the un- 
 bounded respect and esteem of all, and the utmost confi- 
 dence is reposed in his impartiality. As an evidence ot 
 this it is only necessary to- mention the fact that not a sin- 
 gle appeal has been made from his decisions during the 
 session, a circumstance without precedent in the history 
 of previous legislatures. 
 
 "As an orator Mr. Cutler is impressive rather than 
 forcible, and his speeches are marked by a finish pos- 
 sessed l>y those of few other men in the state. They 
 flow as smoothly as Berriens, but there is an earnestness 
 about them which Berriens's mere oratory does not possess ; 
 and for this reason they are more effective. He is un- 
 questionably the most chaste and classical speaker in the 
 Legislature." 
 
 In 1848 Mr. Cutler was warmly supported for Governor, 
 but the situation demanded a candidate from ISTorthern 
 Ohio, and Seabury Ford was chosen. Later in the year he 
 received the Whig nominatien f >r Congress in the district 
 composed of Washington, Morgan, and Perry counties, 
 and after an active campaign, was defeated by William A. 
 Whittlesey. Writing of him in this canvass, Hon. Charles 
 B. Goddard, of Zanesvilie, who for many years served the 
 state in high positions, said : " ISTo man stands higher in 
 my estimation than William P. Cutler. In argument he 
 is one of the most convincing men I ever knew. I ac- 
 knowledge to a change of opinion on more than one 
 occasion produced by his reasoning.*' 
 
 In 1849 ]SIr. Cutler was chosen as the member from 
 AYashington county, to the convention which formed the 
 present constitution of Ohio. The Whigs were largely in 
 the minority in this body. While it was in session in 
 Columbus, on the 6th and 7th of May, 1850, the Whig 
 State (Convention was held. Mr. Cutler writes in his 
 
284 Sketch of the Life of William Parker Cutler. 
 
 notes : " The delegates from Summit and Perry, and indi- 
 viduals from other parts of the state, expressed a wish 
 that I should be the candidate for Governor, but I declined 
 positively." Judge William Johnson was nominated. 
 
 While a member of the Legislature, in 1845, Mr. Cutler 
 was active in procuring the charter of the Belpre and Cin- 
 cinnati Railroad. He was elected a director at the organ- 
 ization of the company, in August, 1847. At a meeting of 
 the board, in September, he was appointed to prepare a 
 concise statement of statistical facts and arguments favor- 
 able to the construction of the road. This report was 
 printed in 1848, and widely circulated. In 1849, at a 
 request of a number of citizens of Marietta, he visited 
 Baltimore to ascertain the prospect of the completion of 
 the Baltimore and Ohio Railroad, and of forming a satis- 
 factory connection with it. He met with little encourage- 
 ment, for while the officers of that company preferred to 
 make the western terminus of the road at the mouth of 
 Fishing creek or at Parkersburg, the citizens of Wheeling 
 had succeeded in securing the passage t)f a law compelling 
 them to build to that city. At the annual meeting of the 
 company, in August, 1850, Mr. Cutler was chosen presi- 
 dent. Of this he wrote : " I accepted the office of presi- 
 dent at the solicitation of the directors, particularly 
 Latham and Madeira, and with the hope that the road 
 would be built through Athens and Washington counties, 
 and thus secure to that region great advantages." Surveys 
 for the line were commenced at once. After a vain eltbrt 
 to unite with the Ilillsboro and Cincinnati Railroad, a line 
 was located from Chillicothe west via Blanchester to Mil- 
 ford on the Little Miami road, and east to Byers Station.- 
 This part of the road was placed under contract in 1851^ 
 although but $550,000 in all had been subscribed. East 
 of B\'ers the only subscription was $100,000 from Athens 
 count}'. Legislative authority having been obtained, sub- 
 scriptions aggregating $350,000 were voted by Washington 
 county, Harmar and Marietta, and these, with $50,000 
 individual subscriptions, were otiered to the company with 
 the condition that its name should be changed to the 
 
Sketch of the Life of William Parker Cutler. 285 
 
 Marietta and Cincinnati Railroad, and the road should he 
 built through Barlow township. Noah L. Wilson, a 
 director of the road, had visited Philadelphia and obtained 
 positive assurances of aid from the Pennsylvania Railroad 
 in case the proposition of Washington county was ac- 
 cepted. Equally positive assurances came through other 
 channels, that no aid could he expected from the city of 
 Baltimore or the Baltimore and Ohio Railroad. A com- 
 mittee, consisting of Mr. Cutler, Col. Jno. Madeira, Judge 
 Rittenhouse, and the attorney of the company, Allen G. 
 Thurman, was appointed to visit Marietta, and confer with 
 the authorities in regard to the proposition. This com- 
 mittee unanimously recommended its acceptance " upon 
 the terms, conditions and restrictions therein specified," 
 The report was adopted by the board of directors of the 
 Belpre and Cincinnati Raih'oad on the 12th of August, 
 1851, the only dissenting vote being that of Allen Latham. 
 The name of the road became the Marietta and Cincinnati. 
 John Mills and Douglas Putnam were elected directors, 
 and, a year thereafter, Beman Gates and William S. iS'ye. 
 Principally through the efforts of jSToah L. Wilson, sub- 
 scriptions were made of $750,000 by the Pennsylvania 
 Railroad Company, and |250,000 by the city of Wheeling. 
 These large subscriptions to the stock of the company 
 made a basis 'of credit which at once gave its mortgage 
 bonds high value. The entire line to Wheeling was placed 
 under contract to be completed December 1, 1854, and at 
 one time over six thousand men were at work upon it. 
 An ugly contest with the Hillsboro and Cincinnati Rail- 
 road Company, which, with the countenance of the Balti- 
 more and Ohio Railroad, was building to Parkersburg, was 
 ended by a purchase of a control of its stock. All the 
 conditions of success seemed to be fulfilled, when, without 
 warning, came the news of the Crimean War. Sales of 
 securities ceased. The work was stopped and every work- 
 man discharged. Mr. Cutler's health, which had long 
 been feeble, failed entirely, and he was obliged to resign, 
 in September, 1854. He still continued a director. Large 
 suits were brought against the company by some of the 
 
286 Sketch of the Life of William Parker Cutler. 
 
 contractors. The little money that could be raised was 
 quickly absorbed in paying interest. Mr. Wilson, who had 
 succeeded to the presidency of the company, returned 
 from England early in 1855, with a proposition from a 
 syndicate, headed by the Count Zaleski, an exiled Pole 
 then residing in Paris, to buy $1,000,000 of the second mort- 
 gage bonds of the company if the syndicate could buy two 
 thousand acres of mineral lands on the road at a low price 
 and the principal shops could be located on them. Fortu- 
 nately for the company, Mr. Seneca W. Ely, its secretary, 
 had a thorough knowledge of the mineral district, and 
 had a short time before, in connection with Mr. David 
 ■Christy, procured options on several thousand acres of land 
 in Vinton county. These options had expired, but Mr. 
 Ely promptly renewed them and placed them at the dis- 
 posal of the company, thus enabling it to consummate the 
 sale. 
 
 Mr. Cutler attended the meeting of the board at Chilli- 
 cothe, at w^iich this proposition was considered. In an- 
 swer to the question " how much money will take it to open 
 the road in the cheapest manner from Athens to Marietta?" 
 he stated that by adopting temporary lines with high grades 
 and short curves it could be done for half a million dollars. 
 He had procured surveys of such lines a year before. The 
 chief engineer was not willing to indorse this estimate. 
 Immediately after the meeting, Mr. Cutler was obliged, on 
 account of his health, to abandon all his business, and make 
 a long journey through Iowa and Minnesota. Returning 
 about July 1st, much improved in health, he was summoned 
 to a board meeting in Athens. Work had been resumed 
 west of Athens, but nothing had been done east. The en- 
 gineers had been engaged for months in making surveys 
 for a modified line, and reported that one million dollars 
 would be required to finish from Athens to Marietta. This 
 put the completion of the road entirely beyond the utmost 
 reach of the resources of the company. Under the cir- 
 cumstances Mr. Cutler felt obliged to again enter its service 
 as a member of the " Committee on Construction," with 
 Beman Gates and William S. i^ye. The chief engineer re- 
 
Sketch of the Life of William Parker Cutler. 287 
 
 signed, and Col. H. C. Moore was appointed to succeed him. 
 He co-operated heartily with the committee, and they were 
 soon able to report that contracts had been let providing- 
 for the completion of the road to Marietta for less than 
 $500,000. To the efforts of this committee at that time, 
 seconded as they were by Col. Moore, the people of Wash- 
 ino;ton conntv are indebted for whatever of value the 
 Marietta and Cincinnati Railroad has been to them. 
 
 The long delay in resuming work east of Athens proved 
 w^ell nigh fatal, but after labors and struggles, sacrifices, 
 difficulties and discouragements impossible to describe or 
 for the men of this generation to appreciate, the road was 
 so far completed that a train ran through from Athens to 
 Marietta on the 9th of April, 1857. 
 
 What followed is best told in Mr. Cutler s own words : 
 " The year 1857, will be long remembered for its financial 
 crisis, paralyzing the internal commerce of the country, 
 producing disaster and ruin to enterprise, and an almost 
 utter prostration of credit. Beneath the ruins of that storm 
 nearly all the capital of the country invested in unfinished 
 railroads was lost. In that year the Marietta and Cincin- 
 nati Railroad was opened for public use. Its opening was 
 just in time to receive Mnth fatal effect that blow which 
 staggered the commerce, credit and enterprise of the civil- 
 ized world. ... A large force had been placed along 
 the line after its opening to prosecute vigorously works 
 really of construction. To meet payments for this work the 
 managers relied upon the earnings, which continued to in- 
 crease rapidly from the opening until the crisis of the sub- 
 sequent autumn was fully developed. The consequent loss 
 of earnings left them without means to pay a force they 
 were reluctant to discharge without full compensation for 
 past labor. Strikes, insubordination, and riots were the 
 result. To the almost entire demoralization of the operat- 
 ing force which ensued was added the calamity of eighteen 
 months of almost incessant rain. This was so completely 
 destructive of the newly laid track that regular trains were 
 actually stopped on a portion of the road for nearly three 
 months in the winter of 1857-1858. The patrons of the 
 
288 Sketch of the Life of William Parker Cutler. 
 
 road became discouraged; its enemies were active and un- 
 scrupulous. Thus between internal disaster and outside 
 enmity, its life was crushed out as between the upper and 
 nether millstone." 
 
 Visiting Baltimore, early in 1858, to secure assistance in 
 building a connection between Parkersburg and Marietta, 
 Mr. Cutler met Philip E. Thomas, the first President of 
 the Baltimore and Ohio Railroad. Of his interview with 
 him he wrote : " Mr. Thomas expressed much sympathy 
 with us, and said the Baltimore and Ohio people ought to 
 give us the aid we asked. He said the idea of a railroad 
 was suggested to him by the following incident: At the 
 time the Baltimore people were much interested in the 
 project of a canal to the Ohio river, he was one of the 
 canal commissioners of the State of Maryland. He had 
 become satisfied that a canal was impracticable, if for no 
 other reason, from the want of water on the Alleghany 
 summit. His brother (who was present) was at the same 
 time much interested in a plan to reach the western trade 
 from Baltimore by means of very broad tired wagons, to 
 be drawn by eight or ten horses. He went to England to 
 investigate the matter, and from there wrote to Philip E. 
 Thomas that he had just seen two heavily loaded wagons 
 drawn by a single horse with great ease over iron rails. 
 Discarding the idea of broad tired wagons, he urged him 
 to reflect upon the results that might be reached by con- 
 structing a road laid with iron rails over the mountains. 
 This letter decided Philip E. Thomas to undertake the 
 construction of the Baltimore and Ohio Railroad." 
 
 Mr. Cutler was elected' vice-president of the road in 1857. 
 In May, 1858, he was elected president to fill the vacancy oc- 
 casioned by the resignation of Mr.Wilson. At this time all 
 business between the Marietta and Cincinnati and the J^orth- 
 w^estern Virginia Railroad, at Parkersburg, was transferred 
 by boat ; freight from Harmar and passengers from Scott's 
 landing. The cost and uncertainty of this transfer was 
 so great that it was impossible to obtain any through 
 business. The local business of the road was barely suf- 
 ficient to keep the trains in motion. A direct connection 
 
Sketch of the Life of William Parker Cutler. 289 
 
 was vital. The Baltimore and Ohio Railroad had refused 
 to aid it. The English bond holders were unwilling to 
 make further advances. Others interested were unable. 
 All wished it built. Every body was willing that some 
 one else should undertake it. The directors of the Ma- 
 rietta and Cincinnati Road had made large advances to 
 complete it, and suft'ered heavily in fortune and credit. It 
 seemed like madness for any of them to assume additional 
 liabilities. Some body must step into the breach. The 
 Union Railroad Company was organized, in 1858, to con- 
 struct a line between Scott's landing and Belpre, a dis- 
 tance of nine miles. John Mills, Douglas Putnam, and 
 Mr. Cutler undertook its construction. In November, 
 1858, the Marietta and Cincinnati Railroad was placed 
 in the hands of a receiver. By prompt action, the home 
 interests secured the appointment of Orland Smith by the 
 state court, which was regarded as a more favorable 
 forum for the enforcement of their rights. Relieved from 
 the immediate oversight of that road, Mr. Cutler devoted 
 himself to the task of securing funds for and constructing 
 the Union line. A loan of $20,000 was secured from the 
 city of Baltimore. With this, and some other smaller 
 loans and the money and credit of its promoters, the road 
 was finished to Belpre in the fall of 1859. Its completion 
 enabled Mr. Wilson to carry through a plan of reorgani- 
 zation of the Marietta and Cincinnati Railroad, by which 
 all of its indebtedness was converted into stock of a new 
 company. 
 
 j^otwithstanding the diiiiculties and perplexities in 
 which Mr. Cutler was constantly involved in the decade 
 from 1850 to 1860, he did not relax his interest in public 
 affairs. Always a " free-soil " Whig, he hailed as the 
 dawn of a new day the formation of the Republican 
 party, whose organic idea was opposition to the extension 
 of slavery. In 1856, at the request of the Republican 
 Central Committee, of Washington county, he held a 
 series of joint discussions with General T. C. H. Smith, 
 the Democratic candidate for Congress. 
 19 
 
290 Sketch of the Life of William Parker Cutler. 
 
 Ho was a delegate to the Presbyterian General Assem- 
 bly, held in Cleveland in May, 1857. The absorbing 
 topic before the assembly was slavery. The earnest anti- 
 slavery men believed that the honor and dignity of the 
 Church could only be vindicated by explicitly declaring 
 that slavery was a sin, and by directing the Presbyteries 
 South to no longer tolerate slave-holding members, ruHng 
 elders, and ministers. Those wlio believed that slavery 
 was rio'ht were readv to accept the issue. Most of the 
 clergy, who were connected with the educational and l)e- 
 nevolent institutions of the church, were disposed to take 
 some middle ground. A paper prepared by them, omit- 
 ting any expression as to the sinfulness of slavery, and 
 simply requesting the Presbyteries South to review their 
 position, was presented. Mr. Cutler offered a substitute, 
 prepared by himself and Mr. Haines, of Albany, New 
 York, expressing the views of the anti-slavery members, 
 that slavery was a sin, and that discipline to the full ex- 
 extent of the constitutional power of the assembly was 
 the only proper action. He supported this paper in a fif- 
 teen minute speech of remarkable power, but it was de- 
 feated and the other adopted, Mr. Cutler alone, of the 
 northern members, voting against it. After the adjourn- 
 ment of the assembly. Rev. Dr. Jacob Little, of Granville, 
 Ohio, wrote to him: "In the opinion of thousands your 
 resolutions and 3'our stirring and rousing speech were the 
 most important items of the last assembly. Do not allow 
 yourself to feel that you were defeated, for you were not. 
 You and your paper were the locomotive that drew up 
 that long train, the whole Church North, to the sticking 
 point of adopting, with wonderful unanimity, what I hope 
 will be sufficient, though a stronger one would have made 
 the sure more certain." 
 
 In 1860, Mr. Cutler was elected to the Thirty-seventh 
 Congress from the district composed of Morgan, "Washing- 
 ton, and Muskingum counties, the Hon. Hugh J. Jewett, 
 of Zanesville, being his competitor. The period of time 
 covered by this Congress was the most critical in the his- 
 tory of the nation. The war, for which the South had 
 
Sketch of the Life of William Parker Cutler. 291 
 
 been long preparing and which the people of the North 
 could not be made to believe was impending until it was 
 thundered in their ears by the guns of Fort Sumter, had 
 begun when the Congress was convened in extra session, 
 July 4, 1861. Washington City was a martial camp. A 
 dav's march south of the Potomac were the white tents 
 of a hostile army. At the National capitol all was con- 
 fusion. A future major-general of the Confederate army 
 and its last secretary of war still held a seat in the Senate 
 of the United States. The city was filled with rebel sym- 
 pathizers. Communication between Washington and 
 Richmond was scarcely interrupted. Richmond papers 
 published each day the Washington news with but a day's 
 delay. Among the supporters of the Union were men of 
 every grade of opinion. There were those who, like Mr. 
 Cutler, believed that slavery was the cause of the war, 
 and that no lasting peace could be had except by its de- 
 struction. There were some who demanded its preserva- 
 tion as the price of their loyalty. Eftorts were still being 
 made to formulate a plan of settlement by which further 
 bloodshed could be prevented. 
 
 In the South there was but one sentiment expressed, and 
 that was for separation at any cost of blood and treasure. 
 
 When the session was half over, the National army was 
 defeated at Bull Run. It was a severe, but necessary 
 lesson to the people of the North. It taught them that a 
 divided North could not hope for success over a solid 
 South. Immediately after the battle a number of Ohio 
 congressmen met and each agreed to tender to the govern- 
 ment a regiment of men from his own district. They called 
 upon the secretary of war, who agreed to accept the regi- 
 ments if they could be raised without expense to the gov- 
 ernment. The congressmen pledged themselves to com- 
 ply with this condition, Mr. Cutler telegraphed to Melvin 
 Clarke and Jesse Hildebrand, of Marietta, on July 23d: 
 " Government will probably accept an infantry regiment 
 if ready in fifteen days. Can you raise it? I will bear all 
 incidental expense of raising it." 
 
 Mr. Clarke replied on July 21th: "I think we can 
 
292 Sketch of the Life of William Parker Cutler. 
 
 have a regiment ready in fifteen days, though some of our 
 companies have gone to Cincinnati. We will try." 
 
 On the same day Governor Dennison wired Mr. Cutler, 
 in reply to his telegram, that he expected to secure a regi- 
 ment in the Sixteenth Congressional District : " With 
 whom shall I correspond to determine whether I shall ac- 
 cept your regiment ? Will not secretary of war accept it 
 in addition to regiments ordered through me ? " On July 
 25th, Mr. Clarke and General Hildebrand telegraphed Mr. 
 Cutler : " We have become fully satisfied that we can 
 raise the regiment. What arrangements will be made for 
 encamping, drilling, uniforming, and feeding? Volun- 
 teers want to know." 
 
 The regiment, the Thirty-sixth Ohio, was completed 
 and sent to the front in the month of August. Captain, 
 afterward Major-General George Crook was its first 
 colonel. No finer body of men ever went to the field or 
 rendered more efficient service. 
 
 The extra session closed August 5th. Mr. Cutler came 
 home and was taken violently ill with typhoid fever. For 
 a time it was thought that he could not recover, and he 
 was not able to go to Washington until some days after 
 Congress convened in its first regular session in December. 
 Meanwhile the people had responded to the call for troops, 
 and men had enlisted faster than arms could be provided 
 for them. General Scott had retired, and General McClel- 
 lan was in chief command of the army. One hundred 
 and fifty thousand of the best young men in the land, en- 
 camped in sight of the capitol, had for months been learn- 
 ing that the cardinal military sin was to "guide left" 
 while passing in review. No military movement of im- 
 portance had been made in any part of the country. The 
 people were restive at the long delay. The rebellion was 
 growing stronger, and already there was danger of foreign 
 intervention in its behalf. With the new year came a 
 gleam of light from the West in the victory at Mill 
 Springs, where George II. Thomas laid the corner-stone 
 of his immortal fame. Inspired, perhaps, by this, and 
 having failed in every efiort to persuade General McClel- 
 
Sketch of the Life of William Parker Cutler. 293 
 
 Ian to make an offensive movement, President Lincoln, as 
 Commander-in-chief of the Army and l^avy of the United 
 States, issued on January 27, 1862, a formal order direct- 
 ing: a forward movement of all the National forces on the 
 22d of Februarv. Less than three weeks later General 
 Grant sounded the key-note of his wonderful career in the 
 message to the rebel commander at Fort Donelson : " No 
 terms will be accepted but unconditional and immediate 
 surrender. I propose to move immediately upon your 
 works." The capture of Fort Donelson, followed in quick 
 succession by the fall of New Madrid, Island 10, New Or- 
 leans, and the hardly won victory at Shiloh, gave heart 
 and hope to the radical Union men in Congress, and en- 
 couraged them to renew the attack upon slavery. 
 
 On the 23d of April, 1862, Mr. Cutler made a speech 
 upon a bill then before the House, the preamble to which 
 declared that slavery had caused the rebellion, and that 
 there could be no permanent peace while it existed. In 
 this speech he supported these propositions : 
 
 First. It is the right and duty of Congress to destroy 
 every enemy that threatens the National life. 
 
 Second. Slavery is such an enemy ; therefore it is the 
 right and duty of Congress to destroy it. 
 
 Mr. Cutler received many compliments for this speech. 
 
 Gerrit Smith wrote : " I rejoice that you were moved to 
 make this eloquent speech. Its freedom and breadth of 
 thought contrast very honorably with the servile and nar- 
 row spirit in which some members of Congress speak." 
 
 Lydia Maria Child wrote a long letter, saying in it : "I 
 did not intend to make such a ' preachment,' as the chil- 
 dren say. I was involuntarily led into it by admiring, in 
 your speech, the combination of legal acuteness with clear 
 moral perceptions." 
 
 Hon. Alphonso Taft wrote : " I have read your speech 
 with unqualified pleasure. I sympathize with you entirely. 
 . . . If such speeches as yours can not arouse Congress 
 and the government, we can not hope for favorable ac- 
 tion." 
 
 Lewis Tappan wrote : " Seldom is such truth pronounced 
 
294 Sketch of the Life of William Parker Cutler. 
 
 on the floor of Congress. . . . Your children and chil- 
 dren's children will, I trust, read it with exaltation and 
 honest pride, and consider it a rich inheritance." 
 
 Rev. George B. Cheever said : " I am greatly obliged by 
 your admirable speech. Would to God that all the mem- 
 bers of Congress, or a good portion of them, could see as 
 you do.'' 
 
 Douglas Putnam wrote : " I have read and reread your 
 speech. It is worthy of you, and does you credit. Its 
 positions are right and tenable, and I am ready to indorse 
 them from beginning to end." 
 
 Horace Greeley, in answer to a letter from Mr. Cutler, 
 expressing the same views as contained in the speech, 
 wrote as follows : 
 
 ''April 28, 1862. 
 "■Dear Sir: — I think I agree generally with what is said 
 in your letter, though I do not see how slavery is to be 
 put down unless some mode of attack is agreed upon. 
 Congress ought to have long ago declared that the slaves 
 of every rebel who shall persist in rebellion, after a speci- 
 fied future day, shall be free whenever and wherever the 
 authority of the nation can reach them ; and there should 
 be a * War Order ' issued forthwith, offering instant free- 
 dom to every slave who shall escape from the rebels to us, 
 and tell us what he can of their positions and strength. 
 If we were in earnest, such measures would have been 
 taken long ago. But we are not; we shuflle and trifle on, 
 and let the Union go to ruin. When it is too late, we 
 shall be thorough enough. I wash my hands of the ca- 
 lamity which I feel to be approaching. Yours, 
 
 HoKACE Greeley." 
 
 The session closed July 17th. Much had been accom- 
 plished. Slavery had been abolished in the District of 
 Columbia, and prohibited in all territories held or to be 
 acquired. Ofiicers of the army were prohibited from re- 
 turning fugitives. Slaves employed by the rebels for mil- 
 itary purposes were confiscated. Authority was given to 
 the President to call negroes into the service. Slaves of 
 
Sketch of the Life of William Parker Cutler. 295 
 
 all persons engaged in the rebellion were declared free 
 wherever the power of the United States could reach them. 
 Everj authority necessary for a vigorous prosecution of 
 the war was given to the President. The blood, the money, 
 and the credit of the nation were placed at his disposal. 
 
 Mr. Cutler was again nominated for Congress in the 
 summer of 1862, in the district composed of Washington, 
 Athens, Meigs, and Monroe counties. The failure of Gen- 
 eral McClellan's campaign against Richmond, the defeat 
 of Pope at Manassas, and the invasion of Kentucky by 
 Bragg, made a chapter of disasters in the summer of 1862,* 
 that, together with the absence of thousands of Union 
 voters in the army (who were not then permitted to vote), 
 enabled the opponents of the administration to carry Ohio 
 in the fall election. Mr. Cutler was beaten by James R. 
 Morris of Monroe county. 
 
 The President, when convinced that the battle of An- 
 tietam had effectuall}' checked Lee's invasion of Maryland, 
 had issued the famous Proclamation of Emancipation. 
 
 * During the fall of 1N62, the water in the Ohio river was very 
 low. A danger, to which the people living on its banks were exposed, 
 and a curious fact concerning the winter of 1806-7, are given in the 
 following letter of Hon. Thomas Ewing to Mr. Cutler: 
 
 '& 
 
 " LxscA^TEii, November 24, 1862. 
 "3i?/ dear Sir : . . . The Ohio is low, and can not rise until it is 
 moved by the spring rains. The earth is dry a foot and a half deep, 
 and the recent long and heavy rain has but moistened the surface. 
 The season is like that of 1806-7, when the winter closed on low 
 streams; they froze to the bottom, and the springs ran over the sur- 
 face forming glaciers near their sources. The Ohio was frozen to tlie 
 depth ot six teet, the ice — forming an arch — did not rest for support 
 on the \vat(-r, Imt when the farmers cut it to get water for their cattle 
 it did not rise, but they dipped it, as if from a well, with a bucket at- 
 tached to a pole. The river will probably be bridged for two months. 
 Tell your people to look out for small marauding bands from the other 
 shore — horse thieves especially — and if the first band succeed they will 
 annoy you all winter. I wrote to General Wright. He says he will 
 protect our border against large parties, but we must protect ourselves 
 against small robber bands. I am, very respectfully, yours, 
 
 T. EVVING." 
 
296 Sketch of the Life of William Parker Cutler. 
 
 General McClellan had been removed from the command of 
 the Army of the Potomac, General Burnside succeeding 
 him. General Bragg had been forced to retreat from Ken- 
 tucky. Troops had come forward promptly to fill the call 
 for three hundred thousand men. A brilliant victory had 
 been won by Rosecrans' army at Corinth. When Con- 
 gress convened in its last session in December, 1862, the 
 military situation was not discouraging.* How quickly it 
 changed, and the consequent feeling of the radical Union 
 men in Congress, and generally in Washington City, will 
 appear in the following extracts from Mr. Cutler's diary in 
 the months of December, 1862, and January and Febru- 
 ary, 1863 : 
 
 '-'■ December 16, 1862. — This is a day of darkness and 
 peril to the country. Last night, Burnside's forces, after 
 the terrible battle of the 13th, retreated to this side of the 
 Rappahannock. The loss incurred in the fruitless attempt 
 to carry the works of the enemy back of Fredericksburg 
 is placed by current rumor at from five to twenty-five 
 thousand men. But the e:reat trouble is in the loss of con- 
 fidence in the management of the army. Under McClel- 
 lan, nothing was accomplished; now Burnside fails on the 
 first trial. McClellan's friends chuckle and secretly re- 
 
 * It, however, appeared so to Americans abroad. Noah L. Wilson, 
 President of the Marietta and Cincinnati Railroad, as reorganized, 
 was in England and France in 1862, endeavoring to negotiate a loan 
 for that company. He wrote to Mr. Cutler irom Paris, 14th November, 
 186-2: 
 
 " By this steamer you will receive the French Emperor's views as ex- 
 pressed to Russia and England in favor of asking an armistice. I 
 hope Russia and England will unite in it, and that the government of 
 the United States will accede, on condition of preserving the present 
 status precisely: that is, the blockade to continue, and the armies to 
 remain where now encamped. Then call a convention of all the 
 the states. I would not agree to this, but for the utter imbecility of 
 our government and generals. They have frittered away our strength 
 and resources, and as yet accomplished but little. This being the 
 case, there is no use in continuing the war. You do not meet one man 
 in one hundred in Europe who is not against us. It is even so with 
 Americans from the Northern States." 
 
 Mr. Wilson was a staunch Republican. 
 
Sketch of the Life of William Parker Cutler. 297 
 
 joice over the result. The opponents of the administra- 
 tion are doing all in their power to break it down. They 
 clamor about arbitrary arrests. They attack the procla- 
 mation. They do all in their power to prevent a vigorous 
 prosecution of the war. They are intent upon dividing 
 the ISTorth for the benefit of the rebels. A decisive victory 
 by Burnside would have put them down and the adminis- 
 tration up, but this disaster gives them courage and must 
 weaken the administration. Lincoln, himself, seems to 
 have no nerve or decision in dealing with great issues. 
 
 " We are at sea and no pilot or captain. God alone can 
 take care of us and all his ways seem to be against us, and 
 to favor the rebels and their allies — the Democrats. Truly 
 it is a day of darkness and gloom. 
 
 ''■December 19th. — The rumor is that Seward has resigned, 
 and that other members of the cabinet will do the same. 
 It really seems as though the ship of state was going to 
 pieces in the storm. The Democrats cry [teace and com- 
 promise, clamor for McClellan, denounce the radicals, do 
 every thing to embarrass the government. Judge Kelley, 
 of Pennsylvania, made a capital speech in the House to-day 
 in favor of the Proclamation, which is now being attacked 
 by the Democrats, in hopes the President will not enforce it. 
 
 ^'January 17th, 1863. — During the past week we had in 
 the House a full exhibition of treason in Vallandingham's 
 speech, in which he counseled peace and submission to the 
 rebels. He was well answered by Bingham, of Ohio, and 
 Wright, of Pennsylvania. On the whole, I think there is 
 a re-action against the infamous sympathy expressed and 
 felt by the opposition leaders here and elsewhere over the 
 country. But it is a dark day. Rosecrans' dearly bought 
 victory [Stone's river] fails to give relief or inspire confi- 
 dence. The failure at Yicksburg cast a deeper gloom over 
 affairs. The feeling prevails that Lincoln allows the policy 
 of the war to be dictated by Seward, Weed, and the border 
 state men. He has certainly undertaken to carry on the 
 mighty enterprise of subduing the rebellion by putting the 
 power into the hands of those who are either hostile or in- 
 different to the war. The leading generals seem hitherto 
 
298 Sketch of the Life of William Purkcr Cutler. 
 
 to have had no lieart in the cause. I hope Burnside is true 
 and in earnest. Banks and McClernand can also be trusted. 
 I am afraid of Grant. Rosecrans does well and seems in 
 earnest. On the whole the generals of to-day are better 
 than six months ago, when McClellan and Bnell held the 
 East and West in their hands. 
 
 "■January 20fh. — Talked to-day with Julian, of Indiana, 
 in regard to Burnside. He says that when down at Fal- 
 mouth with the committee on the conduct of the war, he 
 had a private interview with Burnside. He believes him 
 to be a loyal, true and earnest man, but he distrusts him- 
 self, was unwilling to accept his present position. He would 
 command a division well, but did not feel that he could take 
 chnrge of an army. Julian thinks that Burnside is truly 
 convinced of the necessity of destroying slavery, and says 
 that he has tried in vain to inspire his fellow officers with a 
 cordial hatred of the system. 
 
 ^^ January 21st. — Attended a secret caucus of Bepublicans 
 last nio'ht in the committee rooms of invalid pensions. 
 At a previous meeting various committees had been ap- 
 pointed to report on subjects for action. 
 
 ''■First. — As to the policy to be pursued as to admitting 
 members elected to Cono-ress from seceded states. The 
 feeling seemed to be to. prevent the premature admission 
 of members from those states elected by authority of mili- 
 tary governors. 
 
 " Second. — A uniform election hiw for members of Con- 
 gress. This was approved, but voting of soldiers disap- 
 proved on the ground that it would make the army dan- 
 gerous in elections, and of impracticability. It was as- 
 serted that the Army of the Potomac had been drilled into 
 an anti-Republican engine, and that not one man in a 
 thousand in it would vote for a Republican (which I don't 
 believe) ; that large numbers of the Herald and World 
 were circulated gratuitously among the soldiers, while 
 other papers were practically excluded. 
 
 " The committee appointed to report upon measures 
 proper for a more vigorous prosecution of the war asked 
 that the injunction of secrecy be removed, so that they 
 
Sketch of the Life of William Parker Cutler. 299 
 
 could communicate with the President and heads of de- 
 partments. Mr, urged that all action should be in 
 
 the house as members. Mr. thought it proper to 
 
 bring influence to bear, and if that failed to move the 
 President, then to act in Congress ; so did , of Illi- 
 nois. Mr. [of New England] said there was no 
 
 hope, except in change of cabinet; that it was notorious 
 that there was no union of sentiment or feeling among 
 them; that one member would call another 'Billy Bow- 
 legs,' and another the 'Black-nosed Terrier;' that they 
 were the fag-ends of the Chicago Convention — disap- 
 pointed aspirants for the presidency ; that Lincoln had 
 honesty, which might save him, but could not alone save 
 the nation ; that our hope of success was about equal as 
 to certainty as the destruction of a tree by lightning, as 
 compared with the use of proper means. He confessed to 
 a stray hope down in the bottom of his heart, yet, as mat- 
 ters stood, the cause was about hopeless. Mr. said 
 
 he had become satisfied long ago that McClellan was a 
 failure, and that immediately after the evacuation of Ma- 
 nassas by the rebels, leaving their wooden guns, he drew 
 up a resolution to offer in the house, asking the President 
 to relieve McClellan of command, and that he was pre- 
 vented from offering it by another member. He asserted 
 that after McClellan had returned from the Peninsula, and 
 was at Alexandria on a vessel, he was visited by an officer 
 on board the ship, and for three hours urged to go to the 
 relief of Pope, but he replied there were too many men 
 
 there— meaning the enemy. Mr. stated that he 
 
 went to the committee on the conduct of the war, and 
 found that its members did not know of the resolution, 
 and that he opposed it because he thought it would not 
 
 carry, and the effort would do harm. Mr. said that 
 
 in a conversation Avith two officers of high rank, after the 
 battle of Fredericksburg, they stated that Burnside had 
 but two alternatives — one was to cross at that place ; the 
 other was a worse one ; and that although Burnside had 
 assumed the responsibility it was under that state of 
 things. These officers were severe on Halleck, and 
 
300 Sketch of the Life of William Parker Cutler. 
 
 thought there should he no commander-in-chief until some 
 man arose out of the war entirely superior to all others, 
 which had not yet taken place. 
 
 " It was stated by some one tliat a mob in j^ew York 
 city might he looked for any time. This was denied by a 
 member from New York. 
 
 ^'January 24^A. — Called at AVillard's hotel, and had an 
 interview with Mr. Bradley and Mr. Markley, of the Cam- 
 den and Amboy Railroad lines, in regard to the Ohio river 
 bridge at Parkersburg. They appeared to be quite ignorant 
 of our Marietta and Cincinnati Railroad route, but became 
 interested when its value had been explained. My object 
 is to get a through equipment that will extend from Jersey 
 City to Cincinnati. I am exceedingly anxious to get an 
 Ohio river bridge up next season. Garrett is very slow to 
 move — is evidently afraid of the future — is surrounded 
 with Democratic-Secesh politicians, who have no f\iith in 
 any thing except the divinity of slavery — who till his mind 
 with fears of the future. I think he is really desirous to 
 build up our line, and willing to aid in the bridge. Felton 
 and Parker, of Philadelphia, Wilmington and Baltimore 
 Railroad are quite friendly and interested, will help the 
 thing along all they can. 
 
 '■'•January 26th. — To-day it is said that Burnside has been 
 relieved at his own request, and Hooker put in his place. 
 The late movement was thwarted bv the s-reat storm, which 
 
 I/O ' 
 
 came on just as the army started. To human vision all is 
 dark, and it would almost seem that God works for the 
 rebels and keeps alive their cause. Our Potomac army is 
 so far a failure, and seems to be demoralized by the political 
 influences that have been brought to bear upon it. It may 
 be doubted, whether they would succeed even with a good 
 general. All is confusion and doubt. Still out of all this 
 God is able, and I trust willing to bring the nation into 
 purer light and permanent peace. But how striking the 
 want of a leader. The nation is without a head. Is not 
 this state of things, a forerunner and preparation for the 
 coming of him whose right it is to reign. All faith and 
 
Sketch of the Life of William Parker Cutler. 301 
 
 confidence in every body seems to give way. Wliy not 
 look up for him who is to ' come quickly ' ? 
 
 '■^January 2.1 th, 1863. — Attended another meeting of the 
 
 Republican caucus. Mr. reported that his committee 
 
 could see no way to infuse greater vigor into the adminis- 
 tration, and asked to be discharged. The question of cir- 
 culating newspapers among the soldiers came up. Mr. 
 
 reported that the committee had devised no plan for 
 
 circulating papers. Mr. suggested that each member 
 
 should send papers to his friends in the army. Mr. 
 
 urged the importance of inore decided effort. Mr. 
 
 thought that all the trouble was with the cabinet, and gave 
 notice that he would, at next meeting of the caucus, move 
 a resolution of want of confidence in. the cabinet. Another 
 member proposed to go further and agree upon a new 
 cabinet, and propose it to the President, and claimed that 
 •we could agree upon one — said that three-quarters to two- 
 thirds of the Republicans would unite upon Banks, Grow 
 
 and Chase for the new cabinet. M. said that this was 
 
 nothing more or less than appointing a committee of safety, 
 really taking matters out of the hands of the President — 
 he was not prepared to go outside of constitutional limits. 
 
 Mr. said he did not propose to name a new cabinet — 
 
 leave that to the President. A western member said all 
 our trouble arose not from the President, but from hasty 
 and radical action of Congress in passing emancipation and 
 confiscation acts — that these had produced divisions at the 
 IS'orth and driven Democrats away from us — that slavery 
 would have died out, etc. Another said that if the Presi- 
 dent had let Fremont alone, the country would have sus- 
 tained him. He also stated that persons in this city were 
 retained in office, who were notoriously disloyal, and that 
 Lincoln assigned as a reason the necessity of conciliating 
 them. He also stated that a member present had a brother, 
 who sympathized with the rebels, retained in the Interior 
 Department. This member denied that he had asked to 
 have his brother retained — said to the Secretary, that if 
 Democrats were to be retained he wanted his brother. Mr, 
 stated that the great difficulty was in holding the 
 
302 Sketch of the Life of William- Parker Cutler. 
 
 President to any tiling. He prided himself on having a 
 divided cabinet, so that he could play one against the other 
 — that Stanton had lost his power by being overridden so 
 often — that he ought to have oft'ered his resignation at first 
 — but it would not do now. So the upshot of the matter is 
 that confusion is worse confounded — no one seems to have 
 confidence in any body or any thing. The earnest men are 
 brought to a dead-lock by the President. The President 
 is tri[)ped up by his generals, who for the most part seem 
 to have no heart in their work. It is now rumored tiiat 
 Franklin failed to support Meade on the left at Fredericks- 
 burg, or we should have had a victory. God alone can 
 guide us through this terrible time of doubt, uncertainty, 
 treachery, imbecility and infidelity. The poor may have 
 some faith in God, but there seems but little of it here. 
 Stevens jokingly remarked tliat he thought there was a 
 God, when he was as young as Kellogg, of Michigan (who 
 said we should remember him, etc.) but he had given it up 
 lately. That is the feeling now, that God favors the 
 rebels. Let us wait and see which side he is on. 
 
 "■February 2d. — After a long contest over Mr. Stevens' 
 bill to raise negro regiments, it finally passed to-day, 83 to 
 54. The Democrats seemed determined to make capital 
 out of the idea of putting a negro on an equality with the 
 white man by making him a soldier. They have used ev- 
 ery eftbrt to rouse up the worst prejudices of the army and 
 the people, and seem to glory and exult in the oppor- 
 tunity to degrade and tread down God's image in the per- 
 son of the negro. Surely, there is no solution of the ter- 
 rible complications of our situation, except in the power 
 and strong arm of God himself. The Democrats claim a 
 a strong reaction in their favor, and seem intent only upon 
 increasing the universal dissatisfaction, and turning it all 
 to their own account in building up a peace party. Po- 
 litical demagogues rule the hour. The people are bewil- 
 dered and in a fog. The true friends of the government 
 and of the great principles which underlie the contest are 
 groping around without a leader — absolutely no one to 
 command entire confidence — and yet progress is being 
 
Sketch of the Life of William Parker Cutler. 803 
 
 made daily. This vote is a recognition of the negroes* 
 manhood, such as has never before been made by this na- 
 tion. We say in this liour of peril : Come and save us. 
 ' Our God is marching on.' 
 
 ^'February 1th, I860. — Attended meeting of Republican 
 caucus. The circulation of loyal and the prohibition of 
 disloyal papers in the army was the subject of conversa- 
 tion. It was stated that the 'Herald' circulated 7,000 
 copies. The committee who had been appointed to wait 
 upon the Secretary of War reported two resolutions pro- 
 posed to be adopted as articles of war, giving authority to 
 suppress any papers giving aid or comfort to the enemy, 
 and to punish the proprietor, and sell his press. It was 
 decided to refer this to three members, to confer with the 
 Senate committee, who have a similar measure nnder con- 
 sideration. 
 
 "Judge Kelly stated that Hooker was quite desirous to 
 exclude the treasonable papers, and tluit he was taking 
 hold of the army with spirit. 
 
 '■'■February 9th. — Called this morning on President Lin- 
 coln to present him a petition signed by some thirty mem- 
 bers of Congress asking him to appoint Captain Carpen- 
 ter, of the Jessie Scouts, colonel of one of the negro regi- 
 ments, in case the bill passes the Senate. He said the 
 great difficulty he feared was the treatment the negroes 
 would receive from the rebels if captured. I replied that 
 it was the more importiint that the regiments should be 
 well officered, so as to be able to protect themselves from 
 capture. He quickly assented, but added that he was 
 troubled to know what we should do with these people — 
 the negroes — after peace came. I replied that interest 
 would settle that question. The same plantations that 
 need their labor now will need it then. If the land owners 
 can not get negro labor for nothing, they will pay for it. 
 He answered : ' Whatever you and I may think of these 
 things, people's opinions are every thing.' 
 
 " Washburne, of Illinois, was in the room, and read a 
 letter from General Grant, dated near Vicksburg, January 
 29th. In it he said that the canal cut there was onlv nine 
 
304 Sketch of the Life of William Parker Cutler. 
 
 feet wide at the top, and of course was of no value. He was 
 trying a larger one, but thought he could take the place 
 by getting a channel through into the Yazoo from the 
 Mississippi side. The river was then l)ank full." 
 
 These extracts vividly portray the feelings of the majority 
 of the Republican members of Congress at that time. 
 Subsequent events modihed Mr. Cutler's views, and when 
 urged, early in 1864, to joiii the movement to make Sec- 
 retary Chase the nominee for President, he declined, say- 
 ing that he believed that no one could take the place of 
 Mr. Lincoln, now that he had apparently found in General 
 Grant one who was competent to command the army. 
 Abraham Lincoln's fame rests upon the eternal foundation 
 of results. It is none the less true, that from the begin- 
 nins: to the end of his administration he was never in cor- 
 dial sympathy with the leaders of the Republican party in 
 Congress. 
 
 Mr. Cutler was never again a candidate for office, although 
 he took part as a speaker in every subsequent political cam- 
 paign during his life. He was not a successful politician. 
 Whenever placed in nomination by his party it was because 
 of a belief in his fitness for the office, and in spite of his 
 unwillingness to " make interest," as he used to express it. 
 
 Except in 1842, he always received the full party vote in 
 Washington county, and usually led the ticket. 
 
 In July, 1863, while the people of Ohio were yet rejoic- 
 ing over the victories of Vicksburg and Gettysburg, they 
 were startled with the news that the rebel general, John 
 Morgan, at the head of a large force of cavalry, was riding 
 at will through the southern portion of the state. Gov- 
 ernor Tod assembled the militia of Southern Ohio in camps 
 at Portsmouth, Chillicothe, and Marietta. Most of them 
 were without arms, and were worse than useless. On July 
 18th Mr. Cutler was in Marietta, when Colonel William R. 
 Putnam, commanding the camp there, received a telegram 
 from General J. D. Cox, as follows: "Please see that at 
 all points between Athens and Marietta the people block- 
 ade the roads, so that Morgan can not dodge north be- 
 tween those places. This is very important ; no gap must 
 
Sketch of the Life of William Parker Cutler. 305 
 
 be left ; there is abundant force around him, if this is 
 done," On seeing this telegram, Mr. Cutler wrote Colonel 
 Putnam : " I understand that General Cox wislies the 
 roads leadino- across the track of the M. & C. railroad to 
 be obstructed. This work can be accomplished well by 
 the railroad employes who are under my control. If you 
 wish, I will take charge and execute it." Colonel Putnam 
 directed him to proceed with the work. Two companies 
 of Athens county militia, under Captains Holmes and 
 Grewell, were ordered to report to him. Arriving at Big 
 Run with them on a special train, he found Captains 
 Waugh and Maxwell's companies of Morgan county, and 
 Captain Doe, of Athens county, who also placed them- 
 selves under his command. A corps of sixty mounted 
 scouts was organized and sent to the immediate vicinity 
 of Morgan's movements, with orders to report hourly. 
 So vigorously was the work of blockading pushed, that 
 on the morning of the 19th Mr. Cutler telegraphed that 
 ten miles in width of territory was thoroughly blockaded, 
 and on the same night that the work was complete. His 
 scouts brought him accurate information, and enabled him 
 to send to Colonel B. P. Punkle, then commanding the 
 camp at Marietta, the first news of Morgan's defeat at 
 Buffington. Those of Morgan's men who escaped at Buf- 
 fington did not attempt to cross the railroad between Ath- 
 ens and Marietta, but went far west to Vinton station. 
 Returning home on the 20th, Mr. Cutler was surprised to 
 find that a regiment of militia had been encamped about 
 his house, and that two lines of rifle pits adorned his 
 meadow. 
 
 In the political campaigns of 1863 and 1864 he made 
 many speeches in Washington and adjacent counties. The 
 intense feeling then existing is illustrated in the fact that 
 he was twice shot at when returning from political meet- 
 ings in remote districts, and received numbers of anony- 
 mous letters, threatening his life, if he persisted in making 
 " abolition speeches." He paid no attention to these 
 attacks and threats, believing that if it was really intended 
 20 
 
306 Sketch of the Life of William Parker Cutler. 
 
 to assassinate him, no amount of precaution on his part 
 could prevent it, and determined that if it was only meant 
 to frighten him from what he believed to be the path ot 
 duty, it should not succeed. 
 
 On the 14th of April, 1865, the people of Ohio assem- 
 bled in the churches, in obedience to the proclamation of 
 the governor, to give thanks for the great victories at 
 Richmond and Petersburg, and for the peace which the 
 surrender of Lee's army and the triumphant march of 
 Sherman's column through the Carolinas made certain. 
 Of the meeting in Mr. Cutler's neighborhood, one who was 
 present wrote the following account: "The church was 
 decorated with flags and flowers. Over the pulpit was the 
 motto, worked in evergreen : ' Thanks be to God, who 
 giveth us the victory.' Mr. Judson HoUister presided, and 
 made a patriotic and appropriate speech. After praj^er 
 and singing, refreshments were served. Mr. Cutler was 
 then called upon, and spoke in his happiest manner. He 
 said that he rejoiced not only that the war was substan- 
 tially over, but in the triumph of correct principles ; in the 
 recognition of the right of the colored man to life and 
 liberty — in the fact that we had a government able to 
 maintain its authority, and that we had a God. He be- 
 lieved that our government would stand until God estab- 
 lished his own kingdom on the earth. These were some 
 of his ideas. His speech was much applauded. After it 
 was dark, there was a great line of bonfires on the three 
 hills back of Mr. Cutler's house. All the houses in the 
 neighborhood were illuminated, and everybody made a 
 noise, and the first words on everybody's lips were : ' Now 
 the boys will come home.' " 
 
 Mr. Cutler was elected a member of the first board of 
 directors of the reorganized Marietta and Cincinnati Rail- 
 road Company, in 1860, and was soon after chosen its vice- 
 president. While in Congress he was principally instru- 
 mental in securing the passage of the bill authorizing the 
 construction of the railroad bridge at Parkersburg. The 
 reorganized company issued first mortgage bonds to the 
 amount of $3,500,000. This, according to the estimate of 
 
Sketch of the Life of William Parker Cutler. 307 
 
 Mr. John Waddle, the chief engineer, was sufficient, at 
 prices ruling in 18G1, to complete and thoroughly equip 
 the road from Belpre to Loveland, replacing all trestle 
 work with trussed bridges, stone culverts or earth embank- 
 ments, to build a line from Loveland to Cincinnati, and 
 from Leesburg to Dayton. The condition of public af- 
 fairs made it impossible to negotiate any considerable por- 
 tion of these bonds until 1863. Before the work of con- 
 struction and reconstruction was fairly under way, prices 
 for labor and material had almost doubled. It was found 
 necessary to expend one million of dollars for new equip- 
 ment and for real estate on the Cincinnati extension. It 
 soon became evident that the proceeds of the bonds Avould 
 not accomplish all that was expected. Mr. Cutler, at the 
 close of his term in Congress, intended to sever his con- 
 nection with the railroad and devote himself to his family, 
 his farm, and his books. At the earnest solicitation of the 
 directors of the company, he finally agreed to take the 
 immediate oversis-ht of the work of construction. Mr. 
 
 CD 
 
 Wilson, the president of the company, having removed to 
 New York in 18C4, the active charge of the local affairs 
 of the road devolved upon Mr. Cutler. ]N"otwithstanding 
 the commanding position of the road, in furnishing the 
 shortest route from Cincinnati to the seaboard, all efforts 
 to build up a profitable through business for it, proved un- 
 availing because of the lack of co-operation of its only 
 connecting line to the east. An increase of earnings was 
 essential to financial success, and could only be secured by 
 a development of traffic from local sources. The efibrts 
 made resulted in an increase of over fifty per cent in rev- 
 enue from local freight in the years from 1864 to 1868. 
 His plans for its future development, as shown by his re- 
 ports and correspondence, were to secure for the company 
 tracts of coal land on and adjacent to the road ; to build 
 a branch from Mineral City to the heart of the Hocking 
 Valley coal field, near Nelson vi lie, and, ultimately, to 
 Straitsville ; to build from the present site of Wellston to 
 Gallipolis and Pomeroy ; to extend to Dayton from Lees- 
 burg ; to Ironton from Bloom Switch, and to Wheeling 
 
808 Sketch of the Life of William Parker Cutler. 
 
 from Marietta. This would have given the Marietta and 
 Cincinnati Raih'oad an almost absolute control of the min- 
 eral fields and manufacturing cities of southern Ohio, 
 whose traffic now supports the Scioto Valley, the Ohio 
 Southern, the Dayton, Fort Wayne and Chicago, the Ka- 
 nawha and Ohio, the Toledo and Ohio Central extension, 
 and the Ohio and AVest Virginia division of the Columbus, 
 Hocking A'alley and Toledo Railroads. The fact that 
 these six roads have been built sufficiently vindicates the 
 wisdom of Mr. Cutler's })olicy. 
 
 The ill-health and death, in 1867, of Mr. "Wilson, his 
 business difficulties and the embarrassment of his succes- 
 sor in the financial management of the company, caused its 
 control to pass into the hands of the Baltimore and Ohio 
 Railroad. It was thought to be the interest of that com- 
 pany to use the Marietta line for through business only. 
 The result of this policy is shown in the construction of 
 competing lines to every principal point reached by the 
 Marietta road and in the fact that the Marietta company — 
 now known as the Baltimore and Ohio South-western — has 
 just passed from the hands of a receiver for the third time 
 in its history. 
 
 Mr. Cutler's connection with the road terminated in 
 1868. AVhile investigating the coal veins in Athens and 
 Vinton counties, he became one of the prime movers in 
 the Columbus and Hocking Valley Railroad. Of its or- 
 ganization and his connection with it, the Hon E. H. 
 Moore, of Athens, .writes the following interesting ac- 
 count : 
 
 ^'■Dear Sir : — In answer to your incpiiry in regard to Hon. 
 Wm. P. Cutler's connection with the projection of the 
 Columbus and Hocking Valley Railroad, permit me to 
 state briefly, that in the winter of 1863-64, at a meeting 
 of the directors of the Marietta and Cincinnati Railroad, 
 held in Chillicothe, Mr. Cutler, as vice-president, in his re- 
 port to the board, dwelt largely on the prospect of coal as 
 an important item of freight for his road. Coal had been 
 very dear and scarce in Cincinnati and along the line of 
 the road for one or two winters previous. 
 
Sketch of the Life of William. Parker Cutler. 309 
 
 " I suggested to Mr. Cutler that the supply along the line 
 of the road was limited and that the seams of coal were 
 thin and unreliable, but that along the Hocking river, near 
 N'elsonville, were extensive deposits of coal six to eight 
 feet in thickness, of superior quality. He seemed deeply 
 interested, and said he would like to visit these mines. A 
 very few days after I received a telegram from him to se- 
 cure transportation and invite Mr. M. M. Green, then a 
 citizen of Athens, to accompany us. We went up the 
 Hocking valley to Meeker's run, one and a half miles be- 
 low Nelsonville, followed up the south branch about one 
 mile to where the coal showed a face of seven feet. We 
 then passed up the west branch of Meeker's to opposite 
 Nelsonville, and over a ridge to mines operated exten- 
 sively by W. 13. Brooks, of Columbus. Mr. Cutler was 
 astonished, a six-footer, to enter a mine erect. The coal 
 was of a very fine quality. AVe put up at Xelsonville 
 over night. The next day we went up to the Dorrs run 
 mine, over the bridge to Monday creek, down the creek 
 to its mouth, examining the coal along the streams. 
 Mr. Cutler was very enthusiastic ; dwelt largely upon the 
 future of the Hocking valley ; predicted an enormous de- 
 mand in the near future for its latent fuel, and that a 
 railroad leading out of the valley would most assuredly be 
 a success, as the demand would be unlimited. 
 
 " Mr. Cutler proposed to Mr. Green and myself that 
 with two or three friends of his who would join us, we 
 purchase two thousand acres of the best of these coal 
 lands. With this land as a basis, he could build a road 
 to Athens, connecting with the M. k, C. When finished, 
 the road could be operated or leased to pay a fair dividend 
 on its cost. On his return to Marietta, he was joined by 
 Douglas Putnam and Colonel John Mills. I was delegated 
 to make the purchase. Meeker run was selected as the 
 field. I was not long in securing the requisite amount of 
 land. We filed our certificate of incorporation : W. P. 
 Cutler, Douglas Putnam, M. M. Green, John Mills, and E. 
 H. Moore, incorporators ; termini, Athens and Columbus, 
 O.; capital stock, $500,000. AVe each subscribed $10,000, 
 
310 Sketch of the Life of William Parker Cutler. 
 
 and were proceeding to organize, when W. C Brooks, the 
 most extensive miner and shipper in tlie valley, called on 
 us with a request that we meet Columbus parties, to con- 
 sult upon the propriety of extending the road to Colum- 
 bus. Messrs. Cutler and Green met a committee consist- 
 ing of Wm. Dennison, W. B. Brooks, W. G. Deshler, 
 Wm. Hayden, Theodore Comstoek, and others. The re- 
 sult of the conference was the pledge of a sum of money 
 sufiicient to pay the expense of a preliminary survey, 
 which was ordered. A skillful engineer was employed, 
 who at- once entered upon his work and in a very short 
 time prepared his report. 
 
 "A meeting was called at which a large number of active 
 business men of Columbus attended in addition to those 
 who attended the former meeting. The report of the 
 engineer was very satisfactory, showing easy grades and 
 curves, and cheap construction. Mr. Cutler, in his usual 
 plain, unassuming, convincing manner, addressed the 
 meeting, dwelt at large upon the route selected as being 
 the best possible outlet to the exhaustless coal fields of 
 the Hocking valley, and the enormous amount of freight 
 the road would be capable of transporting. He said that 
 the demand for fuel in the West, ISTorth-west, and i^ortli 
 would be equal to the capacity of the road. That the ad- 
 vantages to Columbus would be very great, furnishing 
 cheap fuel, stimulating manufactures of all kinds, and that 
 in less than twenty years the capital and population of 
 Columbus would be tripled. So convincing were his ar- 
 guments that it was resolved to construct the road at once 
 from Columbus to Athens. Books of subscription were 
 opened. Mr. W. B. Brooks, the most extensive coal ope- 
 rator of the valley, subscribed ^10,000 ; others followed 
 with liberal sums. The organization was soon thereafter 
 completed. On the recommendation of Mr. Cutler, Mr. 
 M. M. Green, who ha<l had large experience in railroad 
 construction, was selected as president and general man- 
 ager, and at once entered upon his duties. 
 
 " The road was opened for tratiic to Lancaster, Logan, 
 Nelsonville, and Athens in July, 1870. 
 
iSketch of the Life of William Parker Cutler. 311 
 
 " The history of the Columbus and Hocking Valley Rail- 
 road, from Columbus to Athens, is one of unparalleled 
 success. From the day it was completed to i^elsonville, 
 mining and shipping of coal increased with astonishing 
 rapidity. 
 
 " It not only supplies the local demand along its lines, 
 the railroads diverging from Columbus, but the upper 
 lakes, the Canadian border, the West and Xorth-west. 
 The demand and supply is simply enormous. 
 
 "For a short time the stock was sold under par, but 
 soon took rank among the best paying stocks in the state. 
 In 1881 the stock commanded a premium of eighty per 
 cent. 
 
 "During the last twenty years, since the completion of 
 this road, the towns and villages along its lines have made 
 rapid advancement in manufactures and substantial im- 
 provements of all kinds. But the most notable is the city 
 of Columbus, which has more than tripled its manufac- 
 tures, its wealth and population, verifying in the highest 
 degree the foresight and good judgment of the Hon. Wm. 
 P. Cutler, one of Ohio's noblemen, to whom we are in- 
 debted for the early ■projection of the Columbus and Hocking 
 Valley Railroad. 
 
 " Yery respectfully, E. H. Moore. 
 
 "Athens, O., March 1, 1890." 
 
 In 1868, Mr. Cutler was elected president of the newly 
 oro:anized Marietta and Pittsbura^ Railroad. He continued 
 in this position until 1872, and rendered valuable aid in 
 securing its construction. He was succeeded by Gen. A. 
 J. Warner, the contractor who built the road, and who, 
 with remarkable ability and energy, carried it safely 
 through the panic of 1873, and completed it to Canal 
 Dover. 
 
 From 1869 to 1873, Mr. Cutler was principally engaged 
 as a contractor in building railroads in Illinois and In- 
 diana. The panic of 1873, which swept over the country 
 like a whirlwind of tire, found him and his associates car- 
 rying heavy loans, and with much unfinished work, and 
 
312 Sketch of the Life of William Parker Cutler. 
 
 destroyed the value of their securities. He gave up all of 
 his property, and at the age of sixty-one, without money 
 or credit, and realizing that a short span of life was left to 
 him, commenced business life anew. 
 
 In the year 1878, the management of the Marietta and 
 Cincinnati Railroad having secured the construction of the 
 Baltimore Short Line, thirty miles long, down the Hocking 
 valley from Warrens Station, saving ten miles in the dis- 
 tance from Cincinnati to Parkersburs;, and having leased 
 it for an annual rental of $153,000, abandoned the thirty- 
 five miles of its road from Warrens to Scott's Landing. 
 The citizens of Washington county were left with three 
 miles of railroad between Marietta and Scott's Landing to 
 show for an investment of over three-quarters of a million 
 dollars in the stock and securities of the Marietta and Cin- 
 cinnati Railroad. Every dollar of this was worthless, 
 largel}^ because of the burden on the finances of the com- 
 pany caused by the lease of the Baltimore Short Line. 
 The abandoned road was located in accordance with an 
 agreement with the original company, solemnly reaflirmed 
 when it was reorganized in 1860. Good or bad, its loca- 
 tion secured for the company subscriptions to its stock of 
 over fifteen hundred thousand dollars. These subscrip- 
 tions enabled it to sell its bonds and build its road. The 
 defects in its construction could have been removed, its 
 grades reduced to the maximum adopted on the Baltimore 
 Short Line, its tunnels securely arched, its trestles replaced 
 with earth, iron, or stone, according to the estimate of 
 Mr. Waddle, for one-fourth the cost of the new line. 
 Seven prosperous villages had built up along it. The de- 
 preciation in values of real property in Washington county 
 because of tlie stoppage of trains was estimated at four 
 hundred thousand dollars. A railroad company was or- 
 ganized, of which Mr. Cutler was made president, and per- 
 mission was sought to repair and operate it. This, for 
 reasons impossible to understand, was bitterly opposed by 
 the management of the Marietta and Cincinnati Railroad 
 Company. An appeal was made to the legislature. A bill 
 to authorize the condemnation by any railroad company 
 
Sketch of the Life of William Parker Cutler. 31 S 
 
 of any portion of another road that had been unused for 
 one year was introduced in the house of representatives in 
 January, 1881. The attorneys of the raih-oad company 
 appeared before the committee to whom the bill was re- 
 ferred, to oppose it. Mr. Cutler, Hon. Thos. W. Ewart,, 
 and Judge Sibley appeared in behalf of the people of 
 "Washington county in its favor. Mr. Cutler closed the 
 discussion, supporting with great ability the proposition 
 that the grant by the legislature to a railroad company of 
 the right to condemn property, construct and operate its 
 line, and take tolls, was in consideration of its continuous 
 service to the public as a common carrier, and that the 
 abandonment of the use of its line or any part of it should 
 constitute a forfeiture of its right to it, and that the legis- 
 lature could and should exercise the rio-ht of eminent 
 domain in authorizing some other railroad company to 
 condemn it. The house of representatives passed the bill 
 by a two-thirds vote. It was indefinitely postponed in the 
 senate by a close vote, but its passage, or that of a similar 
 bill at the next session, seemed assured. Meantime the 
 creditors of the Marietta and Cincinnati Railroad, which 
 had been in the hands of receivers since 1877, its funded 
 and floating debt having been increased, since 1868, over 
 $15,000,000, had agreed upon a plan of reorganization and 
 a decree of foreclosure that permitted a separate sale of 
 the abandoned line. A new company', known as the Cin- 
 cinnati, Washington and Baltimore Railroad Company, 
 acquired its property and rights. General Orland Smith 
 was made its president. iSTo further difiiculties were en- 
 countered. 
 
 On the 9th of April, 1884, the Cincinnati, Washington 
 and Baltimore Railroad Company conveyed to the Mari- 
 etta Mineral Railway Company the "■ okl line" road, ex- 
 tending from Moore's Junction to the point of divergence 
 of the Baltimore Short Line in Athens county, and a per- 
 petual right to the use of the road from Moore's Junction 
 to Marietta. A graded line from Big ran up Federal 
 creek valley to the Joy farm was also acquired. W^ork 
 was commenced at once, and in less than a year trains ran 
 
314 Sketch of the Life of William Parker Cutler. 
 
 regularly to Big run, twenty-live miles west of Marietta, 
 Mr, Cutler gave his personal attention to every detail of 
 the reconstruction of the old line. He walked over it 
 again and again, inspecting every rail and every structure. 
 He held meetings in every school district along it, to so- 
 licit subscriptions and to urge the people to engage in busi- 
 ness enterprises that would furnish a traffic for the road 
 when built. In connection with W. R, Utley of New 
 York, Colonel R. E. Phillips and T. D. Dale, of Marietta, 
 w'ho were also his associates in building the railroad, he 
 organized the Federal Valley Coal Company, wdiich has 
 the most extensive plant for the manufacture of coke in 
 Ohio, Writing of this, in his note book, in 1887, he said: 
 " The dream of a lifetime may yet be realized : to open 
 that coal field w^as one of the strongest motives to under- 
 take the old Marietta and Cincinnati Railroad," Mr. Cut- 
 ler was president of the Mineral road until 1887, when it 
 was purchased by parties w^ho have built it through to a 
 connection wnth the Toledo and Ohio Central road, No 
 achievement of his life gave him more genuine satisfaction 
 than the construction of this line. This w^as the last con- 
 siderable public w'ork in which he ■was engaged. 
 
 In 1845, Marietta college conferred upon him the hon- 
 orary degree of Master of Arts. In 1848, he delivered the 
 annual address before its literary societies. In 1849, he 
 was elected a member of the board of trustees, and held 
 the position until his death. He contributed to the sup- 
 port of the college according to his means, and his ad- 
 vice and counsel were often sought and always heeded. 
 The relations between himself and Dr, I, W, Andrews w^ere 
 always intimate, and never more so than in tlie hist years 
 of their lives. He received, also, the honorary degree of 
 Master of Arts trom the Ohio University, at Athens, in 
 1845, and was a member of its board of trustees from 
 1849 to 1853. 
 
 During the last ten years of his life, he gave much at- 
 tention to the history of the early settlement of Ohio, No 
 one did more to secure for the pioneers the honorable rec- 
 ognition which this generation has accorded them, and no 
 
Sketch of the Life of William Parker Cutler. 315 
 
 one was better iitted for the work. He was himself a 
 born pioneer. Nothing so pleased him as unbroken acres 
 and native forests. The nursery tales of his infancy were 
 of the perils and privations of the early settlers. The 
 most vivid recollections of his childhood were of the old 
 soldiers of the Revolution who so often visited his home. 
 For their characters he had something of the same rever- 
 ence which he felt for the memory of his parents. The 
 recovery of the papers of his grandfather, Rev. Manasseh 
 Cutler, LL.D., in 1883, was the source of the liighest sat- 
 isfaction to him, and he enjoyed, to the utmost, the labor 
 of preparing, in connection with his sister, Miss Julia P. 
 Cutler, the "Life, Journals, and Correspondence of Ma- 
 nasseh Cutler," which was published in 1888. 
 
 He became, in 1885, a corporate member of the Ohio 
 Historical and Archseological Society, and was one of its 
 trustees during the remainder of his life. It is not too 
 much to say that to himself and Dr. I. W. Andrews the 
 great success of the centennial celebration of the settle- 
 ment of Ohio, at Marietta, on the 7th of April, 1888, was 
 due. 
 
 He was a ready writer. His reports, circulars, addresses, 
 and newspaper articles in behalf of the Marietta and Cin- 
 cinnati Railroad, and other corporations with which he 
 was connected, would till many volumes. I^o one can 
 read them without being impressed by the ability dis- 
 played in their preparation. A partial list of his pub- 
 lished papers and addresses is given in the appendix. 
 The three short speeches there printed are fair samples of 
 his style. 
 
 Mr. Cutler was married, in 1840, to Elizabeth W. Voris, 
 of Warren township, who, with one daughter, survives 
 him. Five children, three sons and two daughters, born 
 to them, died in early childhood. Fond hopes are buried 
 with them. Their loss was a crushing blow to their parents, 
 and from it they never recovered. 
 
 The strong points in Mr, Cutler's character were thor- 
 oughness and sincerity. '■'-Non tetigit nan ornavit." He 
 
316 Sketch of the Life of William Parker Cutler. 
 
 touched nothing he did not adorn, for he could not be con- 
 tent with a superficial knowledge of any thing. Thor- 
 oughly sincere in his own convictions, he found little diffi- 
 culty in persuading others. He could not dissimulate, nor 
 was it easy to convince him that others were not as sincere 
 as himself. When a question was fairly presented to hira^ 
 he had remarkable power in detecting its salient points, 
 and his judgment was usually correct. He excelled in 
 clear statement. ISTo one could mistake his meaning. To' 
 grant his premises was to admit his conclusions. Few men 
 possessed more general information. When he found time 
 to acquire it, he could not himself explain. Though for 
 forty years, occupying positions of responsibility in en- 
 terprises involving great risks, he was always ready to de- 
 vote a leisure moment to the discussion of current events 
 or of political, religious, or historical subjects. The most 
 companionable and approachable of men, he was sometimes 
 thought to be austere, for there were hours when his 
 heart was far away with the graves of his children. 
 
 He made profession of religion at the age of eighteen, 
 and lived a Christian life. He never sought to thrust his 
 opinions upon others, preferring to teach by example. But 
 he was ready with the precept at all proper times and on all 
 proper occasions. He started and superintended several 
 Sunday-schools near his home, among them, one in Barlow 
 township, for colored children, which produced noticeably 
 good results. For years, when the Presbyterian Church, in 
 Warren township, was without a settled pastor, he led the 
 service and read the sermon, and for many years conducted 
 the Sabbath-school. When he had abundant means, he gave 
 abundantly to the cause of religion and education — they 
 were inseparable in his mind — and of his scantier resources- 
 he never withheld a portion. His pastor, the Rev. Dr. 
 Addy, at the funeral service, spoke from the text, " Strong 
 in the Lord," and said near the close : " It would be hard 
 to tell the number of feeble churches almost created by 
 his benevolence, and afterward encouraged by any aid he 
 could give. Ministers have spoken to me in years past of 
 
Sketch of the Life of WiUiavi Parker Cutler. 317 
 
 his kind sympathy witli tlicm in their work, and he had 
 a mother's heart for any honest, earnest toiler amid dis- 
 couragement. Free and easy as he was in conversation, 
 he had to be drawn out before one could quite know him, 
 and you had to go elsewhere to learn the good he tried to 
 do. With this was joined a humble, personal trust in 
 Jesus as the Savior of sinners. With our friend a general 
 confidence in God and his government was not enough for 
 the soul's redemption. No part of his faith and experi- 
 ence was more clear than his belief and conviction of his 
 own need of Christ. From his own heart he could sav : 
 
 " ' Xothing in my hand I bring; 
 Simply to thy cross I cling.'" 
 
 An appreciative estimate of his character is given in the 
 following extract of the report of a committee, of which 
 Beman Gates, Esq., was chairman, entered upon the min- 
 utes of the Board of Trustees of Marietta College at its 
 meeting, June 25, 1889 : 
 
 " Southern Ohio owes more to William P. Cutler than 
 to any other man for his forecast, his energy, and his per- 
 sonal efforts and sacrifices to secure the development of 
 the vast resources of this part of the state, and facilities 
 for the transportation of its products. During nearly all 
 the forty years of his membership in this board, Mr. Cut- 
 ler was engrossed in the duties of official and public life, 
 or pressed wdth cares and responsibilities pertaining to 
 the supervision of great business enterprises. But these 
 pressing demands upon his time and his thoughts seldom 
 prevented his attendance upon the regular meetings of the 
 board. His associates during many years of his service 
 here testify that he also was nearly always present at 
 special meetings, and that he always came wdth words of 
 cheer and encouragement. 
 
 " He had broad views of the policy that should govern 
 the board of trustees in their business afiairs, and he in- 
 
318 Sketch of the Life of William Parker Cutler. 
 
 sisted upon a rigid adherence to the high standard of edu- 
 cation early and always approved by the board. 
 
 " He was wise in counsel, hopeful in times of trouble, 
 forcible in argument, generous in thought and action, and 
 abundant in charity and good will for his associates and 
 for all mankind/' 
 
Circular. 319 
 
 APPENDIX. 
 
 TERRITORY of the UNITED STATES Northwest of 
 
 THE RIVER OHIO. 
 
 Cincinnati, ?Mh December, 1797. 
 
 CIRCULAR.* 
 SIB: 
 
 BY tlie inclosed copy of the minutes of tlie proceedings 
 of a general meeting of the citizens of Hamilton count j^ 
 you will perceive that the citizens are desirous to obtain 
 information with respect to the number of free inhabitants 
 in those five counties which compose the Eastern District 
 of this Territory ; and that they have committed to us the 
 task of corresponding with the neighboring counties. 
 
 YOU will observe, sir, that in tlie fifth Article of the 
 Compact, joined to the Ordinance for the Government of 
 the Territory : " That, when any one of the States shall 
 have sixty thousand free inhabitants therein, such State 
 shall be admitted by its Delegates into the Congress of 
 the United States, on an equal footing with the original 
 States, in all respects whatsoever, and shall be at liberty 
 to form a permanent Constitution and State Government ; 
 Provided, the Constitution and Government so to be 
 formed shall be Republican, and in conformit}^ to the 
 principles contained in these Articles, and so far as it shall 
 be consistent with the general interest of the Confederacy, 
 such admission shall be allowed at an earlier period, and 
 when there may be a less number of free inhabitants in 
 the State than sixty thousand." 
 
 *This circular was found among the papers of Ephraim Cutler too 
 late to insert in its proper place. It is believed to record the first 
 organized effort in the Northwectern Territory for the formation of a 
 State. 
 
-320 Appendix. 
 
 WE conceive, sir, if we have thirty thousand free inhab- 
 itants in this eastern District of the Territory (and of this 
 w^e have no doubt), that on application to the honorable the 
 Congress of the United States, we shall immediately obtain 
 permission to form a permanent Constitution and State 
 Government for ourselves. 
 
 WE further conceive that the right of having a Repre- 
 sentative in Congress for every thirty thousand souls, is 
 guaranteed to us by the Federal Constitution, which was 
 made since the Ordinance, and while most of us were citi- 
 zens of the States in union, and to the forming of which 
 Constitution we gave our assistance, surely then it can not 
 possibly be conjectured that we have forfeited that right 
 hy becoming adventurers to this Territory. 
 
 WE are solicitous. Sir, to discharge so important a trust 
 with diligence and assiduity, and relying upon the assist- 
 ance of every virtuous and candid citizen who wishes to 
 participate in those inestimable blessings and advantages 
 which flow from a Government chosen by the people, we 
 believe it practicable to accomplish the object of our 
 appointment without deviating from the true principles 
 -of republicanism, or meriting reproach from any indi- 
 vidual. 
 
 WE shall be happy, sir, to receive as early information 
 from you as possible, after you will effect a general meet- 
 ing of the citizens of your county, or sooner, if you think 
 proper. You will please to address your letters to Will- 
 iam Goforth, Esquire, Columbia. We are, sir, your most 
 obedient humble servants, William Goforth, 
 
 RoBT. Benham, 
 RoBT. McClure, 
 William McMillan, 
 Aaron Cadwell, 
 David Zeigler, 
 Thomas Goudy. 
 P. S. The proceedings of the Committee, having been 
 laid before the citizens on Wednesday, the 6th of Decem- 
 ber, agreeable to the resolutions of the citizens on the 16th 
 of November, met with their general approbation. 
 
Sjyeech in Presbyterian General Assembly. 321 
 
 SPEECH IX THE PRESBYTERIAN GENERAL 
 
 ASSEMBLY. 
 
 May, 1857. 
 
 Hon. W. P. Cutler, of Warren, Ohio, offered tlie follow- 
 ing as a substitute for the report of the committee : 
 
 " The General Assembly, in view of memorials pre- 
 sented, and under a deep sense of accountal:)ility to God 
 and to the Church, feel called upon to take the following 
 action : 
 
 "We do hereby explicitly condemn the doctrine that 
 slavery is sanctioned by the Scriptures of the Old and New 
 Testaments, as a fundamental error, with which we have 
 no sympathy or fellowship. 
 
 "And whereas, the Presbytery of Lexington South has 
 forwarded to this Assembly a memorial containing the 
 following words : 
 
 " ' There are ministers of this Presbytery who are slave- 
 holders — holding slaves under the belief that, according to 
 the Bible, it is right — and also nearly all of the ruling 
 elders of the churches under the care of this Presbytery 
 are slave-holders, believing it to be, according to the Old 
 and New Scriptures, right, while a large majority of the 
 members who are property-holders are slave-holders, be- 
 lieving that it is right.' While offering no qualifying 
 explanations of their language, the Presbytery have 
 assumed the responsibility of sustaining such ministers 
 and elders in their position, this Assembly is constrained 
 in the exercise of its power of warning and bearing tes- 
 timony against error in doctrine or immorality in practice 
 against any Church, Presbytery, or Synod, to disapprove 
 and condemn the position which is thus assumed by the 
 Presbytery of Lexington South, as one which is not only 
 unscriptural, but utterly opposed to the convictions of our 
 Church, and calculated to mar its peace and seriously hin- 
 21 
 
322 Appendix. 
 
 der its prosperity, as well as bring reproach upon our holy 
 religion. 
 
 " This Assembly do hereby call on the Presbytery of 
 Lexington South to review and rectify their position ; and 
 in case the Presbytery shall neglect to comply with this 
 request, the Synod of Mississippi is directed to take cog- 
 nizance of the case at their earliest convenience." 
 
 Mr. Cutler supported this resolution in the following 
 speech : 
 
 As the discussion at this point of its progress seems to 
 turn upon the relation of master and slave, I offer a few 
 thoughts upon that point, although any thing like a thor- 
 ough examination of the subject can not be expected under 
 the present tifteen minute restriction. 
 
 The relation of master and slave, in the Southern 
 States, is not the creature of constitutional law, for no 
 one of their Constitutions undertakes to create or establish 
 that relation. The founders of those States knew too well 
 what were the elements of future greatness to give notice to 
 the world that their soil was tilled by men in chains. Nei- 
 ther is it the creature of common law, for Lord Mansiield 
 decided, in 1772, in the Somerset case, that slavery could 
 not exist under the common law. So that slavery has no 
 constitutional bulwarks behind which to light its battles, 
 and no common law defenses under which to take refuge. 
 Neither is it the creature of statute law, except as it is rec- 
 ognized, cherished, and protected as an existing fact. 
 
 Whence, then, originates the relation '? If I go to a 
 slave-holder and ask why is this man, Tom, your slave? 
 How do you prove to me beyond doubt that Tom is not a 
 free man ? The reply is : Tom is a slave because his mother 
 was a slave. Here, then, we have a great fundamental 
 principle underlying the whole system, the practical appli- 
 cation of which creates the relation of master and slave. My 
 object is to call your attention to this principle and ask : 
 Is it right ? If a woman were to fall on your pavement 
 and break her arm, would it be right that community and 
 the courts should thereafter decree that her posterity 
 should be forever maimed in like manner ? Whence comes 
 
Speech in Presbyterian General Assembly. 323 
 
 this dogma, which, in its quiet, silent, and ahnost unno- 
 ticed application, has fixed the chains of slavery on mill- 
 ions of the human race? The Supreme Court, in their 
 recent decisions, throw no light upon this point. They 
 coolly assume that because the ancestors of Dred Scott were 
 slaves, he is a slave. But if the inquiry were started : Is 
 it right to hold a man a slave because his ancestors were 
 slaves ? that decision must fall to the ground. The advo- 
 cates of slavery do not quote Scripture in support of this 
 horrid doctrine, hut resort to the classics. They tell us 
 that it was law in the Roman Empire. ^'Partus sequitur 
 ventrem" was the manacle for infant limbs in the palmy 
 days of heathenism, and therefore Christianity must forge 
 and fetter in like manner. They go back to a nation that 
 has had its day of trial on the earth — a nation that God has 
 tried, judged, condemned, and executed, more on account 
 of this crime than any other, and which lies now buried 
 under the rubbish of centuries, for a principle abhorrent 
 alike to reason and religion. This fossil lie is raked up 
 from the fire and brimstone of Roman perdition, and is 
 now offered as a substitute for the second table of God's 
 holy law. 
 
 It can not be claimed that the slaves in the South were 
 bought of the "heathen round about." Neither are they 
 subjects of conquest. In the enslavement of men by con- 
 quest, there is at least the appearance of fairness ; for the 
 captive has had a chance to strike his blow. But this is a 
 conquest of infants — taken in detail. One by one, as God 
 in his wise providence sees fit to stamp his image upon the 
 child of a slave mother, instead of training up that inno- 
 cent for the Lord, you smite oflTthe likeness and send forth 
 the child into the field as a brute. Is this right ? Remem- 
 ber, this is the origin and creation of the relationship of 
 master and slave — it is the beginning, the foundation of 
 the whole system. Reverse this horrid heathen maxim, 
 and the sun now shining in the heavens would not set 
 upon a slave on American soil. Would to God it were 
 reversed ! 
 
 I have no time to elaborate this point. I ask you to 
 
324 Appendix. 
 
 think of it, as it has hitherto escaped attention — think of 
 it in view of the holy and tender ties and recollections that 
 cluster around the name, mother — that she, in ohedience to 
 the law of this Moloch, should he made, by necessity, the 
 author of ruin and infamy to her child. Think of it as the 
 helplessness of infancy pleads for protection, while you 
 fasten upon it a curse. Think of it as you see that image of 
 God, which he designed not only as a badge of dominion 
 and superiority over inferior works, but also as a badge ovd 
 proof of equality — degraded and chattelized. Gentlemen 
 may split hairs over the relation as a sin jjer se, or malum 
 in se, but my soul turns away in utter abhorrence from the 
 whole thino;, and I can see nothina; in the relation itself 
 but the shady side of heathenism. The ugliest features of 
 this giant crime, slavery, have been hitherto concealed. 
 Attention has been directed to results, to abuses, to the 
 system ignoring the relation and the nature of the relation. 
 Thus it has gone forward from infancy to manhood, from 
 an intruder to a boasting landlord, from a begging mendi- 
 cant to a commander of armies and controller of cabinets. 
 It has been a quiet, silent, cunning, ' squatting' devil, who 
 has secured a night's lodging in our Paradise, and now, in 
 broad daylight, turns round and pre-empts the whole 
 country by reason of a night's hospitality. 
 
 But I am asked whether there may not be cases where 
 the relation of master and slave may exist without sin ? 
 T answer that, whenever a slave-holder has made up his 
 mind that, upon moral grounds, the thing is wrong, and 
 that he will emancipate his slave,^and although we may 
 differ in judgment as to the time, I insisting that it shall 
 be done at once, and he pleading obstacles and difficulties 
 as calling for delay, yet, if I am satisiied that he honestly 
 intends to emancipate his slave, restoring to him that 
 which has been wrongfully withheld (I mean God's gift of 
 personal liberty), he shall have my confidence as an honest 
 man and a Christian ; but if I go to him a year afterward 
 and find him waiting for something to 'turn up," holding 
 on for God's providence to open the way for emancipa- 
 tion, while he is coolly pocketing the avails of his slave's 
 
Speech in Presbyterian General Assembly. 325 
 
 labor, I say to liini he can not have my confidence and need 
 not (expect it. I know there are difficnlties in the way of 
 emancipation. I do not wish to ignore them ; and I regard 
 the Christian wlio honestly and fearlessly meets those 
 ditiicnlties and is willino; to secure his slave from the con- 
 tingency of nltimate slavery, arising from his own pecu- 
 niary liabilities or from death, as worthy of my confidence 
 and sympathy, although he may deem it necessary to 
 retain the legal relation as a means of best carrying out a 
 benevolent purpose. If he has made up his mind to eman- 
 cipate, and holds the legal relation only as a trustee, he is 
 not a slave-holder in the sense which I regard as sinful. 
 But is an emancipator of a slave, the ransomer of a fellow- 
 being, the redeemer of a ynanf To such a man I could 
 almost render the homage which John was disposed to 
 give the angel. And while I would not expect him to be 
 as good looking as the angel, I would insist that he is as 
 honest. Emancipation is not impracticable, certainly not 
 so far as slave-holders in our denomination are concerned. 
 Every- slave held by members of our Church can be eman- 
 cipated. Cases are of frequent occurrence where masters 
 restore to slaves their freedom from the religious convic- 
 tion that slavery is wrong, although I suppose our venera- 
 ble friend from Tennessee (Dr, Ross) must have emanci- 
 pated his $40,000 worth because he thought the system 
 right. I can say to him that that noble deed will be 
 remembered long after his letters are forgotten. 
 
 One word in regard to our action on this subject. 
 Our people understand this matter. They know that slav- 
 ery is wrong, and do not need days of discussion to con- 
 vince them of that fact ; neither do they need new decla- 
 rations of sentiment, or new standards of duty. They feel 
 degraded and humiliated that standards already raised are 
 violated with impunity — that a Southern Presbytery bids 
 you defiance, and glories in the indignity cast upon your 
 authority. The judgment and conscience of the people, 
 and Christians generally, require that your power in the 
 direction of discipline should be exerted to the fullest con- 
 stitutional limit as the only means of wiping ofi" the stain 
 
326 Appendix. 
 
 and vindicating God's truth. There are times when dis- 
 cipline must be enforced, or the truth betrayed. In, my 
 judgment, that time has come in this controversy. The 
 simple object in the paper which I have ofiered is to secure 
 the exercise of this discipline, in the way pointed out by 
 the last General Assembly as right and constitutional, in 
 the way which that Presbytery admits to be right, for they 
 ask you to exercise it if you regard them guilty of an 
 offense. You may request the Presbytery to review and 
 correct their position ; but that is not an exercise oi power. 
 Your power is only exerted when you direct the Synod to 
 take cognizance of the matter. I have not taken this 
 ground from any feeling of malice to Southern members 
 of our Churches, and while I can not expect to receive the 
 aftections or kind feelings even of their representatives in 
 this Assembly, I intend to deserve their confidence and 
 respect. I make the issue clearly and distinctly, and say 
 to them : You must either abandon your error, or be 
 rebuked by the exercise of discipline to the full extent ot 
 constitutional power. 
 
 SPEECH BEFORE THE MILITARY MEETING OF 
 WASHINGTON COUNTY, 
 
 IN THK COURT HOUSE, MARIETTA, ON SATURDAY, JULY 19, 1862. 
 
 [Congress adjourned on Thursday afternoon, July 17th. 
 Mr. Cutler had just arrived from Washington, and was 
 immediately called upon to address the Military Meeting 
 of Washington county, Saturday afternoon.] 
 
 I must express the pleasure it gives me to have so early, 
 though unexpected, an interview with you, on my return 
 from the performance of my duties assigned by the choice 
 and suffrage of the people of this congressional district. 
 
 It gives me pleasure to meet you as an agent meets his 
 principal — as an employee his employer — knowing that you 
 will deal with me in candor, generosity and fairness. The 
 
Address before 3Iilitary Meetwrj. 327 
 
 time has arrived when you must look public affairs squarely 
 in the face — when you can not afford to make mistakes — 
 when your own dearest interests require a calm, cool, dis- 
 passionate examination of the acts of your agents, and a 
 thorouo^h business-like determination of what is best to be 
 done. 
 
 I find a prevalent feeling of anxiety, disappointment and 
 discouragement, arising mainly, perhaps, from recent unto- 
 ward events. You have the right, and it is your duty, to 
 inquire rigidly and searchingly into causes as well as results. 
 To determine intelligently the line of present duty, it is 
 necessary to look over the whole ground — past and present 
 — and see just where we stand. In doing this I shall not 
 attempt argument or press theories, or urge my own views 
 — but deal chiefly in the acknowledged facts which have 
 been developed in this mighty struggle. 
 
 It is useless to disregard or ie^nore the great fact of our 
 political history ; that previous to the outbreak of this 
 rebellion — an interest — an " institution " of vast propor- 
 tions had acquired an almost complete ascendency in the 
 politics of the country. 
 
 It had commanded the deference, if not the absolute 
 obeisance, of all classes of public men. A powerful and 
 controlling political organization had virtually pledged it 
 support, protection, and extension. Those who would not 
 support, or extend the institution, were willing to let it 
 alone. 
 
 Thus had slavery, in direct contradiction to the funda- 
 mental purposes, intentions, and provisions of the constitu- 
 tion, become a controlling power in the land. With all its 
 fatal antagonisms to public liberty, and private rights — it 
 had assumed the management of public affairs. The rebel- 
 lion itself was the outgrowth and result of its inherent 
 tendencies to despotism. It denied flatly and plainly the 
 right of the people to assemble peaceably, and determine 
 by ballot, who should be the president of the republic. 
 
 Its first collision with the constituted authorities was a 
 denial of the right of the government to " coerce a seced- 
 ing state." It was at this point that the true power and 
 
328 Appendix. 
 
 inherent virtue and energy of the people was felt. With 
 instinctive wisdom, they followed the unerring impulses of 
 self-preservation — rose in the majesty of their power — bade 
 their false political betrayers stand back — said in thunder- 
 tones ; loe are the sovereigns — this is our fight — our govern- 
 ment has a right to live. 
 
 In tliis first battle under the thin ambush of no coercion, 
 and no invasion, slavery was defeated but not destroyed. 
 
 In the progress of the struggle — the people having sent 
 to the battle-field the flower and manhood of the nation — 
 it was found necessary to exact contributions and impose 
 burdens and restrictions upon every interest, individual, 
 and institution in the land. The writ of habeas corpus 
 and the freedom of the press were struck down. A thou- 
 sand million dollar's worth of railroad and telegraph prop- 
 erty were placed at the disposal of the executive, and the 
 managers ordered under the articles of war. 
 
 Loyal men said, '' Take it all — we yield every thing with 
 our lives, to sustain the authority of the government." But 
 this mighty interest of slavery stood boldly up and said : 
 " You may take every thing that is dear to the people; you 
 may take husbands and fathers, brothers and sons ; you 
 may strip the roof from the dwelling, and make the pleas- 
 ant hearthstone desolate — bury your picked men under the 
 drudgeries and dangers of the service ; you may fill hos- 
 pitals witli victims of miasma, and your armies may wilt 
 under a scorching southern sun — but you shall not lay a 
 finger upon me or mine. I have constitutional rights — they 
 must he respected.'" In a word, you may take habeas corpus 
 and freedom of the press, you may take without stint or 
 limit the blood and treasure of the nation, but I will go 
 " scot free " — you shall not point j'our finger at me. I will 
 yield nothing of my prerogative to rule. 
 
 This, in plain English, is the " Border State policy," which 
 has been so justly condemned by my friend Col. West. 
 
 Now it is not to be wondered at that an interest which 
 had acquired such ascendency in political councils should 
 press its claims boldly and for a time with success. 
 
 But as the exigencies of the crisis pressed heavily upon 
 
Address before Military Meeting. 329 
 
 tlie loyal and true defenders of the nation's life, the claims 
 of this saucy idol to absolute obeisance began to be ques- 
 tioned, and Congress said "■ we will see if you can not be 
 touched — we will trv titles with vou, we will see whether 
 •you are to stand in the way of a mighty nation struggling 
 for existence with a foe to whom you have imparted 
 strength and given its greatest capacity for endurance." 
 For let me sav that that this rebellion would not have sus- 
 tained itself six months without the support given to it by 
 slave labor. 
 
 At first slavery was touched lightly — abolished in the 
 district — in the territories — freedom was given to all slaves 
 actually employed by the rebels. All these measures were 
 met by frowns, threats, and evil forebodings from the friends 
 and guardians of the institution— but really no body was 
 hurt — the constitution survived the shock, and the sun rose 
 and set as usual. 
 
 In conducting the war, a policy of forbearance toward 
 the persons and the property of rebels had been adopted, 
 with perhaps the expectation that it might soften animosity 
 and lead to a better mind. There was really no disposition 
 to interfere with slaverv in the states at this stage of the 
 struggle, because it was supposed that the authority of the 
 government could be established without it. But it soon 
 became evident that forbearance and protection were de- 
 manded as a right, and kindness was met by insult from 
 recipients who continued in unabated hostility. The ques- 
 tion arose : Why should not the rebels and the population 
 of the rebellious territory bear their share of the burdens 
 of war ? This inquiry resulted in the confiscation of rebel 
 property, and the liberation of their slaves. 
 
 Upon these questions the great battle with the giant 
 Rebel was fought, and slavery made to bite the dust. 
 
 Now let us see how this matter stands. We began with 
 slavery in almost undisputed ascendancy. There have now 
 entered into the permanent legislation of the countr}^ the 
 tollowing acts : • 
 
 1. A law preventing officers of the army from returning 
 slaves coming within their lines. 
 
530 Appendix. 
 
 2. Freedom given to all slaves who have been employed 
 by the rebels on fortifications, and in any military work. 
 
 3. Abolition of slavery in the District of Columbia. 
 
 4. Prohibition of slavery in all territories now held or 
 hereafter acquired. 
 
 5. Liberation of the slaves of rebels and the confiscation 
 of their property. 
 
 6. Authority to the President to call into the service, in 
 any suitable way, persons of African descent. 
 
 7. A direct tax law under which real estate, in the rebel 
 states, will forfeited and sold for non-payment of taxes. 
 
 To which may be added. 
 
 8. An eftective treaty with Great Britian for the suppres- 
 sion of the African Slave Trade. 
 
 9. Recognition of Hayti and Liberia. 
 
 I have thus presented a rapid historical survey of the 
 ground work of the great struggle. From this brief sum- 
 mary you see at a glance that the whole policy of the gov- 
 ernment on the subject of slavery has been changed. 
 
 These acts are the work of Cona-ress and the President. 
 They are the laws of the land. They are the considered 
 and carefully matured policy of the administration in its 
 efforts to put down the rebellion. The wisdom of these 
 acts was demonstrated by the necessities of the occasion. 
 The fact is, this rebellion is the best school-master ever 
 sent abroad in the land — and he must be a dunce and a 
 blockhead who can not learn something from his teachings. 
 Your public men may not be more patriotic, but they are 
 wiser now than at the beginning of the struggle. 
 
 It will not do to call these acts abolitionism. They re- 
 ceived, respectively, the approval of a majority of the 
 Senate and House of Representatives, and the approval of 
 the President. If they are abolitionism, then a majority 
 of Congress, and the President himself are abolitionists. 
 They are law. And the adminstration now comes to you — 
 the people — and asks you, " Shall we be sustained in pro- 
 secuting this war upon the only grounds", and in the only 
 manner, which we in the exercise of our best judgment, 
 deem to be practicable or promising success? " 
 
Address before Military Meeting. 331 
 
 You have asked for a change of policy — you have com- 
 plained for the want of a policy — now it is presented to 
 you — clear — well defined — thorough — will you sustain the 
 President in carrying it out ? President Lincoln is a true 
 and patriotic man. He will carry out a policy which his 
 judgment approves. 
 
 He does approve these acts, for they all bear his signature 
 or they could not be law. It can not be supposed that 
 rebel property will be the special object of military protec- 
 tion for the owners, when the law of the land declares it 
 confiscated. Add up the different liberation acts, and it 
 will be found that slavery has received its death-blow ; and 
 only awaits the burial of its dishonored corpse out of the 
 nation's sight. The President has a way of changing his 
 generals. I do not say that he will change, but I do feel 
 strong confidence that this policy, now fully adopted by 
 him, will be carried out earnestly, and in good faith. 
 
 A word in regard to the propriety and reasonableness of 
 the more important of these acts. War is a question ot 
 brains, and muscle and money. Every nation has a right 
 to all its resources, to be used for its own self-preservation. 
 The people born upon its soil are a part of its resources. 
 The negroes are a part of the inhabitants of the land. They 
 Jhave muscle if nothing else. Muscle is what you want. 
 Their muscle has a peculiar adaptation to war service in 
 the more tropical portions of our extended country. Why 
 should not the nation avail itself of this resource ; and save 
 your own neighbors and relatives, who otherwise must 
 perform the service and must necessarily fall victims to the 
 exposures, and drudgeries of a hostile climate? l^o civil- 
 ized nation on earth would hesitate a moment to make use 
 of such a resource. England governs a hundred millions 
 in India with a soldiery more degraded than southern 
 slaves, and not much better looking. You will never con- 
 quer and hold in proper submission to the laws, the Gulf 
 states, unless you enlist all their loyal people on your side. 
 You may find there a graveyard for your armies, but no 
 home and abiding place for the constitution and the laws, 
 until you have a native, acclimated, loyal people, out of whom 
 
332 Appendix. 
 
 to form a military force of sufficient strength to hold, as 
 well as to conquer. It is true that a proper submission and 
 obedience on the part of the rebels would prevent any such 
 necessity — but it will not do to depend upon the good 
 nature, or repentance of sucli reprobates. Too much time 
 has already been expended in throwing tufts of grass at 
 these rude plunderers — resort must be had to harder am- 
 munition, and every resource that the country affords must 
 be put into requisition to bring them down. 
 
 The President has said, " It is startling to say that Con- 
 gress has power to liberate slaves within a state." True, 
 it is startling. But it is the startling voice of a resurrection 
 trumpet bidding a slumbering nation to awake to right- 
 eousness — calling them from the dead works of despotism 
 to a new life. With this new policy thus clearly and well 
 defined, you stand to-day wdiere your fathers stood when 
 they threw to the breeze the banner of Independence and 
 Liberty — when they traced with sword points upon the 
 firmament of heaven, so that all nations might read, these 
 memorable words — " All men are created equal and are 
 endowed by their creator with certain inalienable rights, 
 among which are life, liberty and the pursuit of happiness " 
 — when they incorporated into the constitution the guar- 
 antee that " no man should be deprived of liberty without 
 due process of law." Your fathers acted well their part. 
 To-day you are cast down by disaster and apparent defeat. 
 The great characteristic of their struggle was not the brill- 
 iancy nor frequency of their victories, but their ability to 
 endure defeat — their courage and resolution in grappling 
 with the disasters and discouragements of a seven years' 
 war. To you they were the trustees of a glorious legacy. 
 They have fulfilled their trust, you are now called upon to 
 act as trustees, in handing the same inestimable treasure 
 down to tlic latest posterity. Xo generation for the past 
 six centuries, struggling for popular rights, has been so 
 highly honored as you are, by the importance of the trust 
 committed to your charge. You are called upon to furnish 
 more men. This is a demand for vour blood — not to be 
 spent in the unhallowed service of ambition — but to pre- 
 
Address before Military Meeting. 333 
 
 serve your own property from ruin — to rescue constitutional 
 liberty from a vile and dishonored grave — to secure a per- 
 manent and enduring peace to your country. 
 
 Remember that you are not merely theoretically the 
 sovereigns of this country — these pleasant homes and fire- 
 sides are your own — these house lots and farms are yours. 
 You own this country, and therefore have a right to rule it. 
 The preservation of the nation's life in this hour of peril 
 is your business — no one else will attend to it for you. Be 
 not discouraged by desperate dashes the enemy are said to 
 be making on territory supposed to have been conquered. 
 Let them advance. It may be the surest and quickest 
 way to surround and capture them. 
 
 Your President calls for 300,000 more men. The quota 
 for this county is 300. Let it be filled up promptly, for 
 this work to be well done, must be done quickly. 
 
 You have a well defined, thorough policy embodied in 
 the permanent legislation of the country — with as honest 
 and patriotic an executive as ever breathed, to carry it out. 
 
 Your agents, who have spent months of anxious labor — 
 who have watched with sleepless vigilance the great issues 
 of the nation's life, now come and throw upon you the re- 
 ponsibility of this mighty enterprise. 
 
 REMARKS OF HON. W. P. CUTLER 
 
 AT THE TWENTY-FIFTH ANNUAL MEETING OF THE SOCIETY FOR 
 THE PROMOTION OF COLLEGIATE AND THEOLOGICAL EDU- 
 CATION IN THE WEST, HELD IN THE CONGREGATIONAL 
 CHURCH, MARIETTA, OHIO, NOVEMBER 9, 1868. 
 
 Mr. President : — If that old Yankee enterprise, sir, 
 known in its day as the " Ohio Company," could be prop- 
 erly represented here to-night, its delegate would be en- 
 titled to a seat as a corresponding member because, 
 although it can not be claimed that such was its main in- 
 tent and purpose, yet it is true that the Ohio Company did 
 
334 Appendix. 
 
 eetablieh the first college north-west of the Ohio river. A 
 brief recurrence to the facts connected with that early en- 
 terprise may not be uninteresting. 
 
 The close of the Revolutionary War found a people vic- 
 torious, but a government bankrupt. The men who had 
 borne the heat and burden of that day found no pay- 
 masters on their return to be mustered out, with well- 
 replenished stocks of legal-tenders, to meet their just de- 
 mands for services rendered. The best that could be 
 done was to accept army warrants, or certificates of in- 
 debtedness, for the payment of which not a dollar was pro- 
 vided. But they were not disposed to clamor around the 
 portals of a newly formed government, embarrassed with 
 the poverty and exhaustion of war. Their own private 
 fortunes had been greatly impaired, or entirely sacrificed. 
 They needed support for their families ; money was out of 
 the question; therefore, tl:yey said to the government: 
 " Give us lands for a home, and accept our army war- 
 rants for at least a portion of the payment." To carry out 
 this plan, the "Ohio Company" was formed in March, 
 1786, composed mainly^ of officers and soldiers of the Rev- 
 olutionary army residing in the New England States. 
 
 Nathan Dane, of Massachusetts, was the immmediate 
 representative in Congress for a large proportion of the 
 gentlemen engaged in the enterprise. 
 
 The Ohio Company itself, after its organization, selected 
 suitable agents to represent their interests and wishes 
 before Congress, then in session in New York, with 
 authority to negotiate for the purchase of a tract of West- 
 ern land. The principal agent thus employed by the 
 company was Rev. Manasseh Cutler, LL.D., an intimate 
 personal friend and neighbor of Mr. Dane. In negotiating 
 the terms of the land purchase, the agent of the company 
 insisted upon the grant by Congress of two townships of 
 land, for the purpose of founding a college, and also that 
 section 29 in each township should be set apart for the 
 support of religion. Congress had previously set apart 
 section 16 for school purposes. 
 
 It is to the direct agency of the Ohio Company, sup- 
 
Address before Collegiate and Theological Society. 335 
 
 ported by Mr. Dane, a member of the Committee on the 
 Western Territory, that the North-west is indebted for 
 its first college, the Ohio University, and, indeed, for the 
 Miami University also, as Judge Symmes made applica- 
 tion for his purchase in precisely the same terms as had 
 been arranged with the Ohio Compan}^, except that he 
 accepted one township for a college instead of two. But 
 it is not alone in this important matter of providing for 
 the higher institutions of learning that we are indebted 
 to the wisdom, foresight, and correct principles of New 
 England men, in connection with the early settlement of 
 the North-west. 
 
 It is also true, that these men, acting under the peculiar 
 circumstances of an effort to secure homes for themselves 
 and their children, as well as to repair fortunes sacrificed 
 in their country's service, looked well to the foundations 
 of civil government, to provide for law as well as to pur- 
 chase land. 
 
 Their voice was positive and influential in forming that 
 grand old organic law known as the Ordinance of 1787. 
 And here I am compelled to correct a prevalent error, 
 which I do without regret, as I always like to knock a 
 popular lie on the head. 
 
 The general impression seems to be that Thomas Jeffer- 
 son was the author of the ordinance of 1787. This is en- 
 tirely incorrect, as Mr. Jefferson was not a member of 
 Congress at the time of its passage, and was not then in 
 the country. 
 
 In making this statement, I do not wish to undervalue or 
 disparage Mr. Jefferson's services to his country ; I only 
 mean to say that he had nothing whatever to do with the 
 enactment of the Ordinance of 1787. 
 
 It may be proper to explain the probable source of this 
 popular misapprehension. On the 23d of April, 1784, 
 Congress passed an ordinance for the " temporary govern- 
 ernment of the "Western Territory," which had been re- 
 ported by a committee, of which Mr. Jefferson was a mem- 
 ber. This ordinance, when reported by the committee, con- 
 tained a provision excluding slavery " after the year 1800." 
 
336 Appendix. 
 
 This particular provision was, however, struck out of the 
 report before it was adopted by Congress. It may be en- 
 tirely proper to call this report of the committee as adopted 
 by Congress a " JefFersonian Ordinance," although as 
 adopted it contained nothing whatever in regard to slavery. 
 Even the provision as reported to Congress by the com- 
 mittee, was of no practical value, for if slavery had ac- 
 quired a foothold in the Western Territory of sixteen 
 years, from 1784 to 1800, it never would have been driven 
 out, except by the sword. This was the defect in the 
 merely philosophical view which Jefferson took of that 
 subject — theoretically opposed to it, but with no practical 
 plan for its overthrow. When the sturdy Puritan came 
 to deal wath the same subject in the Ordinance of 1787, the 
 door was shut in the intruder's face, and he was bidden 
 never to cross the threshold. To confirm the statement I 
 have made, that ^ew England men composing the Ohio 
 Company were influential in procuring the passage of the 
 Ordinance of 1787, and in giving positive tone to its enact- 
 ments, two considerations are, I think, sufficient : 
 
 First. The intimate relations existing between Mr. 
 Dane, an active member of the committee reporting the 
 ordinance, and the agent employed by the Ohio Company 
 to negotiate the purchase of land, as well as the fact that 
 the largest number of share-holders in that company w^ere 
 Mr. Dane's constituents, thus necessarily enlisting a com- 
 mon and strong sympathy for an object of great personal 
 interest to themselves, as well as of importance to the 
 country. 
 
 Second. The following entries, made in a private journal 
 kept at the time by Dr. Cutler, prove that the work upon 
 the ordinance w^as a joint labor on the part of the com- 
 mittee having it in charge, and those who, in looking 
 westward for their future homesteads, were more than any 
 others interested in its provisions. Under date of July 
 10, 1787 (after having previously referred to several con- 
 ferences with the committee), he makes the following 
 statement : "As Congress was now engaged in settling 
 the form of Government for the Federal Territory, for 
 
Address before Collegiate and Theological Society. 337 
 
 which a Bill had been prepared, and a copy sent to me, 
 with leave to make remarks and propose amendments, and 
 which I had taken the liberty to remark upon and propose 
 several amendments, I thought this the most favorable 
 opportunity to go on to Philadelphia. Accordingly, after 
 I had returned the bill with my observations, I set out at 
 seven o'clock." 
 
 After returning to New York, from his visit to Phila- 
 delphia (where the convention forming the constitution of 
 the United States was then in session), the ordinance hav- 
 ing been passed during his absence, he makes the follow- 
 ing entry in his journal : " Was furnished with the Ordi- 
 nance establishing a Government in the Federal Terri- 
 tory. It is, in a degree, new-modeled. The Amendments 
 I proposed have all been made, except one, and that is 
 better qualified, etc." 
 
 Not to pursue this subject further, I think the evidence 
 is conclusive that New England men did have a positive 
 influence in shaping the provisions of the Ordinance of 
 1787, and that Thomas Jefferson did not. I believe the 
 impression that it was indebted to the latter source for its 
 anti-slavery provision has arisen in part from an effort of 
 party leaders on my own side politically, to convince the 
 Democratic party that they ought to adopt anti-slavery 
 views on the ground that their great founder and leader 
 held such sentiments. But I consider all this as " love's 
 labor lost," and it can do no harm to knock from under 
 the main support of such an appeal. 
 
 I think, Mr. President, that the time has come when we 
 ought to look carefully into this thing of laying foundations. 
 
 The lessons of history belong to us and our children. 
 
 The influence of early theories and organic ideas fixed 
 in the structures of states and communities, will remain 
 through future life, giving direction for weal or woe to 
 future growth, and deciding, ultimately, their destiriies. 
 
 The homely adage, "just as the twig is bent, the tree's 
 inclined," is just as true of communities as of individuals. 
 If it be true that every idle word shall be called into judg- 
 22 
 
338 Appendix. 
 
 ment, so is it also true th^i false icords and false j^rinci pies 
 woven into national structures and cherished, as they will 
 be, in national growth, will bring retribution and ruin. 
 
 Allow me to present some illustrations and contrasts. 
 In 1671, Sir William Berkely, then governor of Virginia, 
 was inquired of by the Lords Commissioners as to religion 
 and other instruction in that colony. He replied : " I 
 thank God there are no free schools nor printing ; and I 
 hope we shall not have these hundred years, for learning 
 has brought disobedience, heresy, and sects into the world, 
 and printing has divulged them, and libels against the 
 best governments. God keep us from both." 
 
 The author of this pious wish has surely received double 
 measure in fulfillment, for nearly two hundred years have 
 rolled by, and Virginia has never had a free school or a 
 free press. 
 
 In an early constitution of South Carolina, prepared by 
 the great philosopher, John Locke, it was provided : 
 " Since multiplicity of comments, as well as of laws, have 
 great inconveniences and serve only to obscure and per- 
 plex, all manner of comments or expositions on any part 
 of these fundamental constitutions, or any part of the 
 common or statute law of Carolina, are absolutely pro- 
 hibited." Again he says : " It shall be a base and vile 
 thing to plead for money or reward." 
 
 Kentucky, in her infancy, adopted the resolutions of 
 1798. Those resolutions contained the seeds of secession 
 and rebellion. That was the devil sewing tares in our 
 wheat-field. At a later date she incorporated into her or- 
 , ganic law the following provision (article 13, section 3) : 
 " That the right of property is before and higher than any 
 constitutional sanction ; that the right of the owner of a 
 slave to such slave, and its increase, is the same and as 
 inviolable as the right of the owner of any property what- 
 ever." 
 
 Mr. President, I regard that as the most atrocious sen- 
 timent ever wrapped up human language, and if the ques- 
 tion were asked, "What ails Kentucky?" I should point 
 to that organic provision and reply, " That's what's the 
 
Address before Collegiate and Theological Society. 339 
 
 matter," When she swallowed that, and the resolutions 
 of 1798, she had taken strychnine enough to kill a com- 
 monwealth. I know, sir, that we have been in the habit 
 of forbearing any comments of this kind, because they 
 relate to " sister states," but I am unwilling to spoil a use- 
 ful lesson for relations' sake. In all these cases, false 
 words, false theories, false ideas, have borne bitter fruits, 
 and it is unwise and puerile for us not to heed the warn- 
 ing. 
 
 J^ow, sir, allow me to refer briefly to the character of 
 that organic law, whose true history I have endeavored to 
 state. 
 
 After providing a form of government, the object of the 
 ordinance itself is declared to be, " for extending the fun- 
 damental principles of civil and religious liberty, which 
 form the basis whereon these republics, their laws and 
 constitutions, are erected ; to fix and establish these prin- 
 ciples as the basis of all laws, constitutions, and govern- 
 ments which forever hereafter shall be formed in said ter- 
 ritory." Then follow six " articles of compact between 
 the original states and the people and states in said terri- 
 tory, to remain forever unalterable unless by common con- 
 sent." 
 
 These articles provide for : 
 
 1st. Freedom of religious worship. 
 
 2d. A "bill of rights" — that is, a clear definition and 
 declaration of the rights of the individual, embracing the 
 essential safeguards to person and property. In this re- 
 spect it may be stated, that the ordinance anticipates the 
 Constitution of the United States, that instrument having 
 been ratified by the states without a " bill of rights," 
 which was afterward incorporated as an amendment. 
 
 Article 3d, has the following provision : " Religion, 
 morality, and knowledge being necessary to good govern- 
 ment and the happiness of mankind, schools and the 
 means of education shall forever be encouraged." 
 
 That, sir, is a " beautiful foundation stone," cut from 
 the pure granite, by ^N'ew England hands ; a basis strong 
 
340 Appendix. 
 
 enougli and broad enough for the mightiest empire on 
 earth. 
 
 It was copied into the Constitution of Ohio, and he- 
 came, in after years, the principal lever in making up her 
 present system of free schools. 
 
 Article 4th provides, per contra to the resolution of 1798, 
 " That said territory, and the states that may be formed 
 therein, shall forever remain a part of this confederacy of 
 the United States of America, subject to the articles of 
 confederation, and to such alterations therein as shall be 
 constitutionally made; and to all the acts and ordinances 
 of the United States, in Congress assembled, conformable 
 thereto." 
 
 It also provides, " That the inhabitants and settlers of 
 said territory, shall be subject to pay a part of the federal 
 debts." 
 
 Article 5th, provides for a division of the territory into 
 not less than three, nor more than five states, and for their 
 admission, with republican forms of government, into the 
 Union. 
 
 Article 6th, prohibits the introduction of slavery. 
 
 This brief synopsis of some of its leading provisions, 
 shows with what care and prudent foresight the fathers 
 " dug deep and laid broad the foundations of many gen- 
 erations." They intended to found a civil and political 
 structure based upon the " eternal principles of order and 
 of right ; " a structure extending over all the territory 
 then belonging to the United States. 
 
 Now, Mr. President, I don't pretend to know much 
 about that hated and reviled " ism " called " Puritanism." 
 My connection with it is remote ; being only that of hon- 
 est inheritance. But I suppose that, aside from personal 
 religious experience (a matter not appropriate for public 
 discussion or criticism), about all there is of political Pu- 
 ritanism is wrapped up in that ordinance of 1787. I think 
 it is nearly all in there ; and " that's what's the matter " 
 with the North-west. She has Puritanism in her bones, 
 and I thank God for it. 
 
Partial List of Addresses and Papers. 341 
 
 PARTIAL LIST 
 
 OF PUBLISHED ADDRESSES AND PAPERS OF WILLIAM P. CUTLER. 
 
 Address before the Literary Societies of Marietta Col- 
 lege, July, 1848. 
 
 Speech at Presbyterian General Assembly, Cleveland, 
 Ohio, May, 1857. 
 
 Speech in Congress, April 23, 1862. — Slavery a Public 
 Enemy. 
 
 Speech before military meeting at Marietta, Ohio, July 
 19, 1862. 
 
 Address at Belpre, Ohio, July 4, 1865. — Duty of Citi- 
 zens in the Work of Reconstruction. 
 
 Address before Society for the Promotion of Collegiate 
 and Theological Education in the West, Marietta, Ohio, 
 IsTovember 9, 1868. 
 
 Address at ninety-fifth anniversary first settlement of 
 Ohio, Marietta, Ohio, April 7, 1883. 
 
 Address at Semi-Ceutennial of Marietta College, July 
 1, 1885. — Memorial of Deceased Trustees. 
 
 Address at ninety-eighth anniversary first settlement of 
 Ohio, Marietta, Ohio, April 7, 1886. 
 
 Address at Marietta, Ohio, December 31, 1886. — Land 
 Tenure : Its Influence on National and Social Well-being. 
 
 Address before Ohio Historical and Archfeological So- 
 ciety, Columbus, Ohio, February 23, 1887. — The Ordinance 
 of 1787. 
 
 Address before Ohio Teachers' Association, Akron, Ohio, 
 June 29, 1887. — Religious, Moral, and Educational Feat- 
 ures of the Ordinance of 1787. 
 
 Report of Monument Committee, Ohio Historical and 
 Archaeological Society, Marietta, Ohio, April 5, 1888. 
 
 Address before Ohio Historical and Archaeological 
 Society, Marietta, Ohio, June 26, 1888. — Memorial of 
 Israel Ward Andrews. 
 
 Paper on the Private Contract clause of the Ordinance 
 
342 Appendix. 
 
 of 1787. Published in the Magazine of American His- 
 tory, December, 1889. 
 
 Reports, circulars, and Exhibits of the Marietta and Cin- 
 cinnati Railroad Company, from 1848 to 1868, inclusive, 
 except the Annual Report for 1855. 
 
 Report of the Citizens' Committee on the Old Line of 
 the Marietta and Cincinnati Railroad, 1881. 
 
INDEX. 
 
 Adams, John Quincy, 181-194, 194-196 
 
 Addy, Rev. Dr. W., 316, 317 
 
 Agricultural Address, 199-205 
 
 Agricultural Society, 196, 197, 198 
 
 Ames, Rev. Bishop Edward, 51n 
 
 Ames, Hon. Fisher, 38, 48 
 
 Ames Library, 50, 51 
 
 Ames, Silvanus, 49 
 
 Ames Township, 38, 42, 47-51, 85n, 89 
 
 American Friend, 133 
 
 Andrews, Prof. E. B., 181, 270 
 
 Andrews, President I. W., 266, 314, 315 
 
 Astor, John Jacob, 84 
 
 Athens Presbytery, 89, 232, 267 
 
 Atkins, Rev. Elisha, 12, 17, 21, 229, 230 
 
 Atwater, Caleb, 129, 135, 165, 169, 251-252n 
 
 Bailey, Seth, 87 
 
 Balch, Rev. Thomas, 3n, 4 
 
 Baldwin, Michael, 55, 74, 76, 77 
 
 Baltimore and Ohio R. R., 212-228, 284, 289 
 
 Banks, 120, 125, 127-128 
 
 Barber, Josiah, 1/59 
 
 Barber, Hon. Levi, 159n-160, 182, 209 
 
 Barbour, Governor, 235, 237, 238 
 
 Barker, Colonel Joseph, 204, 243 
 
 Barker, Joseph, 195, 215, 224 
 
 Bartlej', Governor Mordecai, 281 
 
 Battelle, Colonel Ebenezer, 25n 
 
 Becket, Esq., 19 
 
 Beecher, Philemon, 193 
 
 Belknap, Ira, 235, 236n 
 
 Bell, James, 129 
 
 Belpre, 18n, 24, 25n 
 
 Belpre and Cincinnati R. R., 284 
 
 Beman, Rev. Dr., 233, 234 
 
 Bent, Colonel Silas, 25n 
 
 Big Bottom, 201 
 
 Bingham, Alvin and Silas, 204, 254n 
 
 (343) 
 
344 Index. 
 
 Blickensderfer, Jacob, 151 
 
 Boyle, Hugh, 46-47 
 
 Boyles, Colonel A., 40, 49 
 
 Bradford, Major Robert, 25n, 203n 
 
 Brant, John, 94 
 
 Bronson, Dr. A. F., 235, 236n 
 
 Brown, Rev. Aaron, 2, 12 
 
 Brown, Hon. A. G., 40, 181, 254 
 
 Brown, Captain Benjamin, 36, 37, 38, 39, 255, 256 
 
 Brown, Governor Ethan Allen, 118n, 168 
 
 Brown, General John, 50n, 88 
 
 Brown, Joseph, 42, 43, 50n 
 
 Brown, Esq., Samuel, 51, 85, 87 
 
 Browne, John W., 67, 74, 75, 76 
 
 Buckingham, Ebenezei% 139, 151, 154 
 
 Buell, General Joseph, 30, 204 
 
 Burnet, Hon. Jacob, 52, 55, 56, 57, 68n, 204, 235, 236n 
 
 Burnham, William, 204 
 
 Burnside, General, 298, 300 
 
 Byrd, Charles W., 69, 70, 71, 73 
 
 Caldwell, James, 70 
 
 Calhoun, John C, 182, 194 
 
 Campbell, Dr., 120 
 
 Canal, Ohio and Erie, 116, 122, 123, 161, 167 
 
 Carhart, Samuel, 204 
 
 Carpenter, Emanuel, 70 
 
 Case, Leonard, 151, 154 
 
 Cass, Lewis, 253n • 
 
 Chabert, Colonel F. Joncaire, 53, 56 
 
 Chambers, David, 262 
 
 Chillicothe, 52, 55 
 
 Circular, App., 319 
 
 Clark, Sherebiah, 134 
 
 Clay, Henry, 113, 182, 194 
 
 Clearing land, 30, 38, 40, 48, 87, 88 
 
 Clinton, DeWitt, 182, 183 
 
 Coburn. Major Asa, 26, 203n 
 
 Cole, John, 87, 111 
 
 Cole, Philip, 87, 173 
 
 Cole, Richard, 97. 98 
 
 Collins, John, 129 
 
 Columbus and Hocking Valley Railroad, 308-310 
 
 Cone, Timothy, 87 
 
 Congress, Thirty-seventh, 290-304 
 
 Constitution P. 0., 254n 
 
Index. 345 
 
 Convention, Constitutional, 1802, 65-82 
 
 Constitutional Convention 1850, 283 
 
 Convers, Benjamin, 16, 26, 203 n 
 
 Convers, Colonel Daniel, 26n, 168 
 
 Convers, Wright, 38, 105, 106 
 
 Cooke, Eleutheros, 170 
 
 Corey, Mrs., 120 
 
 Corvvin, Mathias, 151 
 
 Cotton, Dr. John, 154, 162n 
 
 Courts, 41, 70-73 
 
 Cox, General J. D., 304-305 
 
 Craig, Neville B., 246-248 
 
 Crary, Colonel Archibald, 203n 
 
 Crawford, W. H., 179, 181, 183, 184, 185, 194 
 
 Crook, Major-General George, 292 
 
 Cushing, Colonel Nathaniel, 25, 203n 
 
 Cutler, A. M., Charles, 49n, 50 
 
 Cutler, Charles, 4n, 39n, 42, 91, 94, 102 
 
 Cutler, Clarissa W., 263n 
 
 Cutler, Daniel C, 39n, 86 
 
 Cutler, Hezekiah, 2, 9n, 10, 12, 15, 265 
 
 Cutler, Jervis, 14, 26, 89, 272-279 
 
 Cutler, Leah Atwood, 14, 17, 21, 39, 85, 86n 
 
 Cutler, Rev. Dr. M., 2-8, 35n, 51, 65, 82, 104, 113, 176, 196, 231, 265, 272 
 
 Cutler, Mary, 39n 
 
 Cutler, Nancy, 17, 39n 
 
 Cutler, Sally Parker, 88, 117-123, 164, 167, 262, 263n 
 
 Cutler, Sarah, 263n 
 
 Cutler, Susanna Clark, 2, 9n 
 
 Cutler, Temple, 86 
 
 Cutler, William Parker, 114, 270, 280-318 
 
 Dale,' Theodore D., 314 
 
 Dana, Captain William, 25n, 203 
 
 Davis, Captain Daniel, 26, 28 
 
 Darlington, Joseph, 53, 56, 70, 258 
 
 Delihunt, Mr., 96, 97 
 
 Devol, Francis, 198 
 
 Devol, Judge Gilbert, 26, 29 
 
 Devol, Captain Jonathan, 25n, 195, 201, 203n 
 
 Dodge, Francis, 186 
 
 Dodge, Captain John, 26, 29, 35 
 
 Donelson, Israel, 74, 76, 77n, 259, 260 
 
 Droving, 13, 89-103, 134 
 
 Dunham, Amos, 87 
 
 Dunlavy, Judge Francis, 53, 56, 57, 71-73, 74, 76, 82 
 
846 Index. 
 
 Earthquakes, 108-110 
 
 Eichelberger, Thomas, 99, 100 
 
 Ely, Seneca W., 286 
 
 Everett, Moses, 49 
 
 Ewart, Hon. T. W., 313 
 
 Ewing, Lieutenant George, 31, 36, 37, 40, 42 
 
 Ewing, Hon. Thonias, 50n, 51, 295n 
 
 Fearing, Henry, 198 
 
 Fearing, Hon. Paul, 23, 52, 58, 61n, 61-65, 124, 196, 204 
 
 Finch, Ezekiel, 87 
 
 Findley, General James, 52, 83n, 204 
 
 Flint, Hezekiah, 203n 
 
 Floods, 110, 111 
 
 Ford, William, 43 
 
 Fort Frye, 25, 26, 30 
 
 Fort Harmar, 22 
 
 Frothingham, 203n 
 
 Fuller, Timothy, 187, 188, 192n 
 
 Gallipolis, 32, 44, 49 
 
 Gardner, James B., 119, 122 
 
 Gatch, Philip, 70 
 
 Gates, Beman, 244, 285, 286, 317 
 
 Gates, Captain E., 203 n 
 
 Gilman, B. Ives, 23, 31, 44, 66, 68, 70, 72, 73, 76, 78, 80n, 81, 204 
 
 Gilman, Hon. Joseph, 23, 54, 81, 204 
 
 Glades, Alleghany, 91, 92, 95, 96, 103 
 
 Glazier, Abel, 49 
 
 Goddard, Hon. C. B., 283 
 
 Goforth, Dr. Wm., 72, 74, 76 
 
 Goodale, Major Nathan, 25, 201, 203n 
 
 Goodale, Dr. Lincoln, 139, 153, 154, 190 
 
 Grant, General U. S., 293, 298, 304 
 
 Gray, Captain Wm., 25, 26, 29, 30, 35, 203n 
 
 Green, Chas., 23, 204 
 
 Green, Hon. Griffin, 23, 44, 66, 204 
 
 Grubb, James, 74, 76 
 
 Guilford, Hon. Nathan, 129, 154, 168 
 
 Hamilton, Massachusetts, 231 
 Hamills, 91, 94 
 Hagar, Mr., 95, 96, 97 
 Harper, William, 204 
 Harper, Charles, 207 
 Harris, Rev. Dr. Thaddeus, 51 
 
Index. 347 
 
 Harrison, General W. H., 168, 169, 204, 236, 237, 241, 248, 250 
 
 Haskell, Major Jonathan, 25n 
 
 Heard, John, 106, 107 
 
 Heart, Jonathan, 203n 
 
 Heckewelder, Rev. Mr., 18 
 
 Henderson, Alexander, 196, 197 
 
 Higley, Brewster, 204 
 
 Hildreth, Dr. S. P., 190, 204n, 205, 209, 241, 242, 254 
 
 Historical Society of Ohio, 242, 244, 246 
 
 Hoge, Rev. Dr. James, 123, 129, 140, 169, 177 
 
 Hollister, Judson J., 306 
 
 Howe, Samson, 15, 230 
 
 Humphreys, Isaac, 87, 173, 207, 212 
 
 Huntington, Governor Samuel, 69n, 70, 78 
 
 Hutchins, Thomas, 110 
 
 Hutchinson, William, 87 
 
 Indians, 2, 16, 22, 23, 25, 26, 31, 33, 41, 105, 248-251, 260 
 Ingersol, Captain George, 203n 
 
 Jackson, Andrew, 105, 106, 182, 186, 187, 189, 192, 194 
 
 James, Captain William, 55n 
 
 Jefferson, Thomas, 74, 75n, 193 
 
 Jennings, David, 119, 139 
 
 Johnston, Colonel John, 236, 248-251 n 
 
 Journeys, 17-22, 38-41, 90-103, 115, 116 
 
 Kelly, Mr., 120 
 Killingly, 2, 8-17, 229-231 
 Kimberly, Zenas, 53, 57 
 King, Captain Zebulon, 25n, 201 
 Kingsbury, Rev. Dr. A., 89 
 Kinne, Nathan, 26 
 Kirker, Thomas, 70, 162 
 Knowles, Captain Charles, 203n 
 
 Lafayette, General, 155, 202 
 
 Langham, Major Elias, 53 
 
 Legislature, Ohio, 112, 117-127, 134-138, 139-143, 147, 148, 150-175, 280- 
 
 283 
 Legislature, Territorial, 43, 44, 52-57 
 Letters from — 
 
 Atwater, Caleb, 165-166, 169, 251-252 
 
 Barber, Levi, 160, 182 
 
 Beecher, Philemon, 193 
 
 Brown, A. G., 181 
 
348 Index. 
 
 Letters from — 
 
 Burnet, Jacob, 68n 
 
 Cass, Lewis, 253 
 
 Cheever, Rev. Geo. B., 294 
 
 Child, Lydia M., 293 
 
 Citizens of Marietta, 209 
 
 Committee, R. R., 213-215, 223-224 
 
 Convers, C. C, 27n 
 
 Convers, Daniel, 168 
 
 Convers, Wright, 105-106 
 
 Cooke, Eleutheros, 170 
 
 Craig, Neville B., 246-248 
 
 Cutler, Ephraim, 44-45, 47-49, 68n, 104, 108-110, 117-123, 130, 134, 
 
 135-136, 139-143, 153-154, 161, 162, 164, 167, 174, 209-211, 216- 
 
 218, 224-225, 226-228 
 Cutler, Rev. Dr. M., 35n, 65. 82, 104-105, 238, 254, 255 
 Cutler, William P., 246 
 Dodge, Francis, 186-187 
 Ewing, Hon. Thomas, 295n 
 Fearing, Paul, 61-65, 124-125 
 Fuller, Timothy, 187-189, 192-193 
 Gates, Beman, 244 
 Gregory, Jehiel, 66n 
 Greely, Horace, 294 
 Heard, John, 106-107 
 Hildreth, Dr. S. P., 241-242 
 Humphreys, Isaac, 207, 212 
 Johnston, Colonel John, 248-251 
 Lindley, Rev. Jacob, 123-124 
 Lewis, A. H., 75n 
 Mathews, John, 169 
 Meigs, R. J., 58-61 
 Moore, Hon. E. H., 308-311 
 Morris, Calvary, 239, 240 
 Munro, Joseph F., 256-258 
 Osburn, Ezra, 165 
 Putnam, David, 125-127, 143-147 
 Putnam, Douglas, 294 
 Putnam, Edwin, 166, 191 
 Putnam, General Rufus, 85n, 86n 
 Putnam, William R., 131-133, 160-161 
 Reily, John, 73n, 260-261 
 Ruggles, Benjamin, 184-185 
 Smith, Gerrit, 293 
 Squier, E. G, 282-283 
 Sullivan, Samuel, 127-128 
 
Index. 349 
 
 Letters from — 
 
 Sulivant, J., 244 
 
 Taft, Hon. Alphonso, 293 
 
 Tappan, Lewis, 293 
 
 Vause, Colonel Wm., 103, 104' 
 
 Vinton, S. F., 157-158, 179-180, 182-184, 186, 192, 205 
 
 Ward, H. D., 170, 189-190 
 
 Ward, Nahuni, 149-150, 158-159 
 
 Wilson, Noah L., 296n 
 
 Wright, John C, 185-186 
 Levins, Captain John, 25n 
 Lewis, Hon. A. H., 75n 
 Lindley, Rev. Jacob, 88, 123, 140, 177, 268 
 Lincoln, President A., 293, 295, 297, 304 
 Lincoln, Joseph, 203n 
 Linn, Colonel, 93 
 Little, Rev. Dr. Jacob, 290 
 List of Revolutionary Officers, 25n, 203n 
 Lord, Colonel Abner, 118, 119 
 Lord, Thomas, 204 
 Loring, Daniel, 25n, 204 
 Ludlow, John, 53, 57 
 
 McCarty's Mill, 92 
 
 McClellan, General G. B., 296, 297, 299 
 
 McCorkle, John, 151 
 
 McCune, Thomas, 53 
 
 McDougail, George, 53 
 
 McGafifey, Neal, 203n 
 
 Mclntire, John, 66n, 76, 80n, 204 
 
 McLane, Hon. Lewis, 222, 223, 224 
 
 McMillan, William, 204 
 
 Madeira, Colonel John, 285 
 
 Marietta, 21, 22-24, 29, 162, 163, 164, 194, 198 
 
 Marietta and Cincinnati R. R., 285-289, 306-308 
 
 Marietta College, 314 
 
 Marietta Historical Association, 242, 245, 248 
 
 Marietta Mineral Railway Co., 312-314 
 
 Massie, General Nath., 53, 56, 59n, 70, 78 
 
 Mathews, John, ]68n, 169 
 
 Matthews, Phineas, 17, 19, 20 
 
 Mawney, Dr. John, 29 
 
 Meigs, Colonel R. J., 203 
 
 Meigs, Governor R. J., 23, 52, 58n, 58-61, 66n, 67, 204 
 
 Memorial to Directors of B. & 0. R. R., 218-222 
 
350 Index. 
 
 Methodists, 39n, 51n, 89, 98 
 
 Middletown, 48 
 
 Miles, CaptainjBenj., 25n 
 
 Military meeting, Address before, App. 326-333 
 
 Miller, Moses, 53, 56 
 
 Milligan, John, 53, 76, 77 
 
 Mills^ Colonel John, 213, 215, 224, 243, 285, 289 
 
 Mills, Captain William, 203n 
 
 Moore, Colonel H. C, 287 
 
 Morgan's Raid, 304, 305 
 
 Morris, Hon. Calvary, 167, 212, 239, 240 
 
 Morris, James R., 295 
 
 Morrow, Governor Jeremiah, 53, 56n, 75n, 78, 134, 151-153, 157, 159 
 
 Munro, Captain Josiah, 23, 27n, 203n, 257n 
 
 Murphy, General W. S., 235, 236n 
 
 Nashee, Mr., 122 
 
 National Whig Convention, 234-238 
 
 Nevsrton, Elias, 85, 87 
 
 Noblaise, Peter, 32 
 
 Norton, Judge, 154 
 
 Nye, Anselm T., 196, 243, 281 
 
 Nye,"Arius, 209, 242 
 
 Nye, William S., 285, 286 
 
 Ohio Company, 5-8, 14, 22, 24, 130-132, 176 
 
 Ohio Historical and Archeeological Society, 315 
 
 Ohio University, 123, 139, 140, 143, 166, 167, 176-179, 267, 280. 
 
 Oliver, Colonel Alexander, 25n 
 
 Oliver, Colonel Robert, 26, 28, 44, 52n, 55, 203n, 204 
 
 Olive Green, 27, 30, 36, 37, 282 
 
 Olney, Major Cogswell, 203n 
 
 Osburn, Hon. Ralph, 128 
 
 Paine, General Edward, 53, 56 
 
 Panic of 1873, 311 ' 
 
 Parsons, General S. H., 6, 23, 37, 201, 203n 
 
 Patton, Thomas, 87, 173 
 
 Patterson's creek, 95 
 
 Paul, John, 70 
 
 Perkins, Dr. E., 254, 255n 
 
 Peters, Rev. Dr., 233, 234 
 
 Pendleton, Colonel N. G., 235, 236n 
 
 Philips, Captain Peter, 203n 
 
 Phillips, Colonel R. E., 314 
 
 Piatt, Mr., 136, 137, 142 
 
Index. 351 
 
 Pierce, Hon. Isaac, 25n, 44, 204 
 
 Political Campaigns, 52-55, 65-67 
 
 Porter, Amos, 203n 
 
 Presbyterian Church, 89, 267, 316 
 
 Presbyterian General Assembly, 232-234, 290 
 
 Putnam, Aaron W., 18n, 20, 25n 
 
 Putnam, Douglas, 198, 285, 289 
 
 Putnam, David, 125n 
 
 Putnam, Major Ezra, 203 n 
 
 Putnam, George, 18, 20 
 
 Putnam, Colonel Israel, 17n, 18-21, 203n 
 
 Putnam, Jr., Israel, 17, 19 
 
 Putnam, General Rufus, 6, 7, 14, 22, 23, 29, 54, 66, 67, 68, 70, 73, 76, 78, 
 
 SOn, 81, 83, 85n, 176, 201, 203n, 204 
 Putnam, Hon. W. R., 44n, 47, 52, 53, 55, 56, 57, 66, 130-133, 135, 140, 
 
 160, 194, 204 
 Putnam, Colonel W. R., 304, 305 
 
 Rawlings, Colonel, 95 
 
 Reeder, Daniel, 53 
 
 Regiment, Thirty-sixth Ohio, 291, 292 
 
 Reiley, John, 53, 72n, 73n, SOn, 82, 260, 261 
 
 Rice, Jason, 49 
 
 Rice, Major Oliver, 25n, 203n 
 
 Rice, Miss Sally, 89 
 
 Richardson, Joseph, 118 
 
 Roads, 42, 121, 127, 206-208, 209-211 
 
 Robinson, John, 204 
 
 Rogers, Captain William, 201, 203n 
 
 Ruggles, Benjamin, 184n 
 
 Runkle, Colonel B. P., 305 
 
 Sabbath Schools, 89 
 
 Saflford, Robert, 204 
 
 Salt, 31, 32 
 
 Sappington, Dr., 97 
 
 Sargent, Major Winthrop, 6, 7, 201, 203 
 
 Savage Mountain, 94 
 
 Schedule of Names of Civil Officers, 203-204 
 
 Schools, 49, 88, 16], 172 
 
 School Lands, 43-47, 129-133, 179-181 
 
 School System, 113-115, 122, 123, 135-137, 172-173 
 
 Schenk, General, 55 
 
 Schieffehn, Jonathan, 53, 55, 56, 57 
 
 Scott, Judge Thomas, 68 
 
 Secret Caucus, 298-300, 301, 302, 303 
 
352 Index. 
 
 Sibley, Hon. Hiram L., 313 
 
 Sibley, Hon. Solomon, 52, 55, 56, 57 
 
 Silliman, Wyllis, 168, 169 
 
 Skinner, William, 66, 139, 142 
 
 Slavery, 66, 74-77, 82, 94, 121, 122, 266, 290, 294, 321-326 
 
 Smith, John, 53, 70, 73, 78, 82 
 
 Smith, Orland, 289, 313 
 
 Smith, General T. C. H., 289 
 
 Smith, William, 87, 173 
 
 Spear, Mr., 102, 103 
 
 Speeches by E. Cutler, 155-156, 177-179, 198-204, 245-246 
 
 Speeches by W. P. Cutler, App., 321-326, 326-333 
 
 Sprague, Wilbur, 26 
 
 Sproat, Colonel Ebenezer, 6, 7, 23, 201, 203n, 204 
 
 Stacey, Colonel Wm., 23, 203n 
 
 Stanley, Lieutenant Thomas, 203n, 204 
 
 St. Clair, Arthur, 31, 53, 55-60, 80, 81, 201 
 
 Stoddard, Henry, 114, 119, 246 
 
 Stone, Colonel Augustus, 209, 213, 215, 224 
 
 Stone, Captain Israel, 25n 
 
 Stone, Captain Jonathan, 25n, 44, 203n 
 
 Strickler, Colonel, 102, 103 
 
 Surveying, 12, 29, 30, 83, 84 
 
 Tallmadge, Colonel Benj., 29 
 
 Taxation, 56, 113, 115-117, 123, 133, 134, 135, 141, 142, 143,147,150, 
 
 152, 153, 154, 157-161, 162, 164-167, 208 
 Thomas, Philip E., 288 
 Thomson, James, 216 
 Thompson, Colonel Joseph, 29, 203n 
 Thurman, Allen G., 285 
 Tiffin, Governor Edward, 52n, 68, 74, 84 
 Trimble. Governor Allen, 118n, 129, 136 
 True, Dr. Jabez, 23, 257 
 True, Josiah, 50 
 Tupper, Major Anselm, 203n 
 Tupper, General Benj., 6, 23, 81, 203n 
 Tyler, Major Dean, 26, 29, 31, 203n 
 Tyler, Governor John, 238 
 
 Union Railroad, 289 
 Updegraff, Misses, 100, 102 
 Updegraff, Nathan, 74, 76, 80n 
 Utley, Wm. R., 314 
 
 Vandeburgh, Abraham, 204 
 Vandever, Mr., 92 
 
Index. 353 
 
 Varnum, General J. M., 23, 201, 203n, 204 
 
 Vause, Colonel Wm., 103, 104 
 
 Vinton, Hon. S. F., 157n, 179, 180, 181, 239 
 
 Waddle, John, 307, 312 
 
 Walker, George, 39n, 49 
 
 Ward, Henry D., 141 
 
 Ward, Xahum, 148n, 165, 190, 213, 215, 224, 228, 281 
 
 War of 1812, 104-107 
 
 War tax, 116 
 
 Warner, General A. J., 311 
 
 Warren township, 86-89, 107, 254 
 
 Washington, Geo., 5, 24, 81, 200, 202 
 
 Waterford, 24, 25, 31, 38 
 
 Wells, Bazaleel, 34n, 68, 69, 70, 73, 78, 80n, 82n, 122 
 
 Wells, William 66 
 
 Westonhaver, Mr., 67 
 
 Wheeler, Samuel, 151, 154 
 
 Whipple, Commodore Abraham, 14-1, 264 
 
 White Eyes, 33. 34n 
 
 White, Mojor Haffield, 7, 14, 26, 29, 201, 203n 
 
 White, Jacob, 53 
 
 While, Peletiah, 203n 
 
 Whitten, Wm., 204 
 
 Wilkins, John, 204 
 
 Williamson, Sam., 204 
 
 Wilson, David, George, and William, 26, 29 
 
 Wilson, Noah L., 2s5, 2^6, 288. 3ii8 
 
 Wilson, Rev. Dr. R. G., 140. 177, 179 
 
 Wolf Creek Mills, 25, 26, 38, 42 
 
 Woodbridge, Dudley, 167 
 
 Woodbridge, Hon. G. M., 261, 262, 280 
 
 Woodbridge, Judge D., 23, 54, 55n, 169n 
 
 Woods, Elijah, 74, 76 
 
 Worland, Charles, 96, 97 
 
 Worthington, James T., 207 
 
 Worihinglon, Governor Thomas, 53, 56, 58n, 70, 74, 151, 168 
 
 Wright, John C, 185, 193 
 
 Wyatt, Joshua, 49 
 
 York, Pennsylvania, 99, 100 
 Young, Andrew, 2U7 
 Young, Rev. David, 167 
 
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