Washington, D.C.: National Archives and Records Service, 1959-

Immediately following the Revolutionary War the Congress of the United States did not allow settlement west of the Ohio River as the disposition of that territory had not been settled with the several Indian tribes living in the region. The temptation to occupy these lands was great, however, and a large number of families illegally settled in the area along the major rivers. In response, the Commissioners of Indian Affairs on 24 January 1785 instructed the army to employ such force as he might deem necessary "in driving off persons attempting to settle on the lands of the United States." Lt. Col. Josiah Harmar as the commander of the First American Regiment at Fort McIntosh (located on the Ohio River northwest of Pittsburgh just a few miles upstream of the Ohio/Pennsylvania border) bore the responsibility for completing this task. It cannot be expected that such a move would not meet with controversy, and indeed several letters survive which document the opposition of the settlers to this order. The Introduction (p.iii) to Reel 180 contains a synopsis of part of the records preserved:

Also preserved on Reel 51 is a petition from the settlers to Congress pleading their case.

Transcriptions of eight documents are presented here to outline the development of the conflict. Unfortunately, the manner in which the issue was finally resolved is unknown. Among the settlers affected by this order was one Adam Housh/House whose mark is included among the signatures of two letters.

Transcriptions presented in this document:

These transcripts are followed by a selection of excerpts from The History of Union County, Ohio that bear upon the problem of early settlement in Ohio. These excerpts include the proclamation from Congress prohibiting settlement upon Indian lands outside the jurisdiction of any state as well as a summary of the efforts of Col. Harmer to evict settlers from west of the Ohio.

Geographical Notes:

The remains of Fort McIntosh are located in Beaver, PA, 25 miles down the Ohio River from Pittsburgh. Mingo Bottom is located near Steubenville, Jefferson County, Ohio. Norrises Town, located eleven miles down the Ohio River from Mingo Bottom, would have been located several miles north of present-day Tiltonsville, Jefferson County, Ohio; and Haglin’s or Menzon’s Town would have been further downriver in Belmont County, Ohio. Thus, it would appear that Adam Housh had settled along the west bank of the Ohio River somewhere between Steubenville, OH and a point opposite Wheeling, WV.

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1)

Papers of the Continental Congress, 1774-1789

Reel 180

p. 411 - 412

[letter from Josiah Harmer to Richard Merry Lee, President of Congress; May 1, 1785]

Ensign Armstrong having marched with his party as far down as opposite Wheeling, which is about Seventy Miles from hence, passing the co wide of the river, and having executed his orders (excepting a few indulgences granted on acct. of the weather) returned on the 12th nlt(?). I have the honor of inclosing to your Excellency his report with sundry petitions handed him by the Settlers, likewise the opinion of some reports of the inhabitants on the eastern Side of the River with respect to them.

On the 20th nlt(?) I received the inclosed Representation signed by 66 of them, praying for a further indulgence of time, and informing me that they had sent on a petition to Congress upon the Subject. In answer to which I thought it most expedient to grant them one month from the 21st nlt(?) to remove themselves, at the expiration of which time parties shall be detached to drive off all Settlers within the distance of One hundred and fifty Miles from this garrison, which in my present situation is all that is practicable.

The number of Settlers lower down the River is very considerable, and from all accounts daily increasing. I would therefore (before I proceed further in the business) beg to know the pleasure of your Excellency, and your particular orders upon the Subject.

I have the honor to be, with the highest esteem & respect

Your Excellency’s

most fath.(?) & obed. Servt.

Jos. Harmar

Lt. Col. Com. 4th Am. Regt.

His Excellency

Richard Merry Lee Esq.

President of Congress

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2)

Papers of the Continental Congress, 1774-1789

Reel 180

p. 433-436

[Ensign Armstrong’s report to Josiah Harmar; April 12, 1785]

Agreeable to your orders I proceeded with my party early on the 31st of March down the river Ohio. on the 1st Inst. we crossed little Beaver and dispossessed one family. four miles from thence we found three families living in sheads, but they having no craft to transport their effects, I thought proper to give them till the 12th Inst. at which time they promised demolish their sheads and move to the East side of the River. At yillons creek dispossessed two families and destroyed their buildings. The 2d being stormy no business could be done. The third we dispossessed eight families. The 4th arrived at Mingo Bottom or at ____ Town(?). I read my instructions to the prisoner Rafs, who declared they never came from Congress, for he had late accounts from that Honorable body; who he was well convinced gave no such Instructions to the Commissioners. Neither did he care from whom they came for he was determined to have(?) his possession(?) and if I should destroy his house he would build six more in the count of a week. He who cast many afflictions on the Honorable the Congress the Commissioners and commanding Officer. I considered(?) him to be a dangerous man. sent him under guard to Wheeling. finding most of the others in this place more ____ under the Prisoner. I gave them a five days at which time they promised to move to the eastern side of the Ohio and that they would demolish their buildings. In the evening of the 4th Charles Norris with a party of armed men came to my quarters in a hostile manner and demanded my instructions. after conversing with them for some time and showing my instructions, the warmth with which they first expressed themselves appeared to abate and from some motive lodged their arms with me till morning. I learnt from the conversation of the party that at Norrises Town (by them so called) Eleven miles further down the river a party of seventy or eighty men were assembled with a determination to oppose me.

Finding Norris to be a man of influence in that country I conceived it my interest to make use of him as an instrument. which I effected by informing him it was my intention to treat any Armed party I saw as Enemies to my country. and would fire on them if they did not disperse.

On the 5th when I arrived within two miles of the Town or place where I expected to meet with opposition. I ordered my men to load their Arms in presence of Norris, and then desired him to go to the party and inform them of my instructions.

I then proceeded on with caution, but had not got far before the paper No. 1 was handed me by one of the party, to which I reply I should treat with no party but intended to execute my orders. When I arrived at the Town there was about forty men assembled who had deposited their Arms. After I had read to them my instructions they agreed to move off by the 19th Inst. This indulgence I thought proper to grant the weather being too severe to turn them out of Doors. The 6th I proceeded to Haglins(?) or Menzons(?) Town where of (I) was presented with the paper No. 2 And from the Assembled and peaceable disposition of the people and the impossibility of their moving off immediately I gave them to the 19th and believe they will generally clear(?) the settlement at that time.

At that place I was informed that Charles Norris and John Carpenter had been by the people elected justices of the peace, that they had ____ and decided thereon [end of page]

[p. 435 is absent]

I then proceeded on till opposite Wheeling where I dispossessed one family and destroyed their building.

I hope Sir the indulgence granted to some of the Inhabitants will meet your approbation. Of the paper No. 3 is an advertisement a copy of which is pasted up in almost every settlement on the Western side of the Ohio. Three of my party being lame I left them about forty miles from this place under the care of a Corporal. the remainder I have ordered to join their respective companies and the Prisoner I have delivered to the care of the Garrison Guard.

I am Sir with every Respect your Obedient Servant.

John Armstrong

Ensign

Fort McIntosh

12th April 1785

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3)

Papers of the Continental Congress, 1774-1789

Reel 180

p. 416

[letter from the Settlers to Ensign Armstrong; April 5, 1785; add. 1 to Armstrong’s report]

April the 5th, 1785

We the inhabitance Living on the west side of the Ohio River doth own and Acknowledge ourselves true and faithful Subjects of the Commonwealth of America and are as we always have been Ready to venture our lives in the common Defence of the same presuming hitherto we were in our present Circumstance and State Safe under the protection of Government but to our great Surprise we have Received advice that an Armed party are on their way with orders from Government to dispossess us and to burn and Destroy our dwellings for which to Consider of we have assembled ourselves together and have Come to the following Resolution Viz:

First if it appear we have gone Contrary to orders of Government in Settling here and that our Residing here is of any publick prejudice to the Common good of the Commonwealth we agree to Remove ourselves as speedily as we can.

Secondly we agree to Referr our Cause to the hearing of Congress for which we are willing to Set a Time to which if his honour the Commander agree we shall Appoint two of our people to meet him at a proper place to Consider and agree on the premisses.

Handed by two of the Settlers

back side inscribed:

To His Honour the

Commander of the Party

No. 1

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4)

Papers of the Continental Congress, 1774-1789

Reel 180

[letter from the Settlers to Ensign Armstrong; April 6, 1785; add. 2 to Armstrong’s report]

April the 6th 1785

Sir,

Whereas we did in the assembly of our people yesterday agree to present you with an adress presenting our State and Circumstances acknowledging our Submition to Government, So we to day present you with another of the Same nature Declaring that we have nothing more at heart than to act Consistent with our Duty to Country and the Command of the Legislature and as it appears from your order that we have Erred in Settling here without the advice and consent of Government We request of you to give us what Indulgence you possibly can in respect of time to move off our Effects and families at which time if granted we will Deface our Buildings.

Signed on Behalf of the Settlers

James Cochran

Wilam Hougland

Thomas Dawsson

Jonas Manzen

John Hiscom

Andrew Wilson

Thos Tiltson

Henry Hougland

John McDonald

Hananiah Davis

John Tiltson

back side inscribed:

No. 2

To Captain Armstrong

Commander of the party

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5)

Papers of the Continental Congress, 1774-1789

Reel 180

p. 418-419

[letter from the Settlers to Josiah Harmar; April 15, 1785]

Agreeable to the order we have Received for Removing off the Lands to the west of the Ohio we are preparing to Execute with the utmost Deligience but find it will be impracticable to Intirely Clear off the place According to our Engagements with Ensign Armstrong when we received the orders which if you will Condescend to take under your Consideration we make no doubt you will Readily Grant for we have Neither house nor not lands to move too; have Every Necesary to procure by our Abilities for the Support of our families and Stocks for we have no money. Therefore if you Can, Consistent with your Honour, Allow us a few weeks more to move off and prepare Dwellings to move to we Shall Greatly Acknowledge the favour.

We have sent a full Representation of our Distresst Circumstances by way of Pettition to Congress and what Ever Oders and Regulations the(y) in their wisdom may think proper to Prescribe we shall as in Duty Bound Obey.

Therefore the furthest time we Request is till we know the Resolutions of Congress in Regard of our petition, which if you Grant we request the favour of you to send us your Pleasure and Directions by the Bearer Mr. James Cochran which will be greatly acknowledged by your humble Sevts. the Subscribers.

April the 15th 1785

Thos Tiltson John McDonald John Casstleman

John Hiscom Henry Forggs(?) Walter Cain

Henry Cassile Wilam Hougland Jacob Light

John Nowles Michael Rawlings Jo Williams

James Clark Thomas Dawfson Wm Wallase

Adam [his AH mark] Housh William Huff Jos Rebuen

Thomas Johnston Solom Delbing(?) Jon Ma--ins

Hananiah Davis Charles Norris Wm Mann

John Tilton ----- Lamb Wm Kerr(?)

Jn Fitzpatrick John Rigdon David Duff

Daniel Minfer(?) George ----- Joseph Rofs

Zephaniah Dunn James(?) ----- James Watson

(back side)

Brought over from the other side

----- Bailey Jesse Parremore

Charles Chambers Jacob Clark

Robert Hill John Custer

James Paul(?) Thomas McDonald

William McNecs(?) James -----

Archibald Harrisson(?) Joseph Goddard

Wm Bailey Henry Conrod

Jonas Amss--- William Carpenter

Nicholas Decker John Goddard

John ----- George Reore

Benjamin Reed John Buchanon

Jesse Edginton Daniel Matthew

Nathaniel Parrimore

To Colonel Harmer

or to the Chiefes in

command at fort

McEntosh

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6)

Papers of the Continental Congress, 1774-1789

Reel 180

p. 426

[letter from Josiah Harmar to the Settlers west of the Ohio; April 21, 1785]

To all those persons who have settled on the Lands of the United States westward of the Ohio River contrary to the Orders of Congress

I have received your Representation by James Cochran, and must inform you that my Instructions are positive in driving off by force all persons who persevere(?) to settle or survey the Lands of the United States.

As you inform me that you have sent in a petition to congress upon the subject and upon a consideration of your present distressed circumstances according to your own account, I am induced to forbear sending any body for one month from this date to dispossess you, or until further orders from authority. At the same time you must be as expeditious as possible in preparing to remove(?) yourselves, as I am very confident that Honorable body the congress will not grant the prayer of your Petition in which case I shall be under Necessity of executing my orders.

Fort McIntosh

April 21st, 1785

(signed) Jos. Harmar

Lt. Col. Com.

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7)

Papers of the Continental Congress, 1774-1789

Reel 180

p. 469-470

[extract of a letter from Col. Harmar to the Secretary of War; June 1, 1785]

Extract of a letter from Colonel Harmar to the Secretary of War dated Fort McIntosh June 1st 1785

"I have the honor to enclose you a monthly return of this date of the Pennsylvania and Jersey troops in the service of the United States likewise a return of the ordinance, stores __ at this post. It is but very lately I had the pleasure of hearing of your appointment otherwise the returns should have been forwarded sooner.

The Wyandot and Delaware nations have brought in their prisoners / Fifteen in number / agreeable to the treaty and the hostages left in my possession are now dismissed. These nations are friendly and I believe wish to cultivate a good understanding with the Americans. The Shawnese make great professions of peace and are desirous of a treaty being held with them. The Cherokees are hostile and have killed and scalped seven people near the mouth of the Scioto about three hundred and seventy miles from hence.

Speeches have been continually sending by the British from Detroit to the indians since the treaty and I have good intelligence that several traders have been among them using all means to make them entertain a bad opinion of the Americans. One Simon Girby I am informed has been at Landuski for that purpose, I have taken every means in my power to counteract their proceedings and have directed the indians not to listen to their lies but to tie and bring in here any of those villains who spread reports among them injurious to the United States in order that they may be punished.

The honorable the commissioners for indian affairs previous to their departure left me instructions to drive off all surveyors or settlers on the lands of the United States in consequence of which a party has been detached who drove them off as far as seventy miles from this post. The number lower down the river is immense and unless Congress enter into immediate measures it will be impossible to prevent the lands being settled. I have written sometime since upon the subject requesting particular orders how to conduct myself as it is out of my power to sweep them further than the distance of 120 or 150 miles from hence. This is a matter of so much importance that perhaps you may judge it necessary to remind Congress of it.

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8)

Papers of the Continental Congress, 1774-1789

Reel 51

vol. 7, p. 320-322

[Petition from the western settlers to Congress; April 11, 1785]

To the Honourable the President of the Honourable Congress of the United States of America.

The petition of us; the subscribers now residing on the western side of the Ohio; humbly ____ our grateful Acknowledgements to those Patriots of our country who under Divine Providence so wisely Directed and Stood(?) the Helm of Government in that Great and Unparaled Conflict for Liberty Bringing to a happy Finish the Troubles of the States Laying the Foundation by the most Salutory means of the most Glorious form of government any People on Earth could(?) ever yet based of and that we have nothing more hart that the Safety and happiness of the Common wealth in all its members from the highest, to the Lowest Station, in life unwilling to Act any thing Directly or Indirectly that is of a Publick Nature without the Consent and Advice of the Legislature, notwithstanding when the Joyfull sound of Peace had Reached our Ears we had Seance Enough left us to Support the Crying Distress of our families Occasioned wholy by being Exposed to the ravages of a Cruel and Savage Enemy on an Open Frontier where the most of us had the Misfortune to Reside through the whole Continuance of the war where the only Recourse was to Sit Confined in forts for the Preservation of our lives by which we were Reduced allmost to the Lowest Ebb of Poverty; the Greatest most of us having no property in Lands; our stocks Reduced almost to nothing; our Case seemed Desperate. But viewing as it appeared to us an Advantage(?) Offering of Vacant LAnds; which with the Alarming Necesitys we were under Joined with the future Prospect of Bettering our Circumstances; invited us to Enter on these Lands fully Determined to Comply with Every Requisition of the Legislature, which we know to be our Indispensible Duty Pregant with hope of Future Happiness. we sat Content in the Enjoyment of our Leanly morsel, thinking ourselves Safe under the protection of Government when on the fifth of this Instant we were visited by a Command of men Sent by the Commandant at fort McEntosh with orders from Government on purpose to Dispossess us and to Destroy our Dwellings which the(y) Executed in part when the first set out but our principles and our Duty to Government Obliged us to make an offer of Performing the Task ourselves which was agreed to on Conditions it were Executed Against the Nineteenth of this Instant by which order it now Appears our Conduct in Settling here as Considered by the Legislature to be prejudicial to the Common good of which we had not the Least Conception till now. we are greatly Destroyed in our present Circumstances and humbly pray if you in your Wisdom think it proper to grant us Liberty to Rest where we are and to grant us the preference of our Actual Settlements when the Land is settled by order of Government; where we shall Count it our Interest to be Subject to such Laws and Regulations as the Legislature in their wisdom may think proper to prescribe Consistent with the Rights and privileges of the good people of these States which; if you in your wisdom Grant; we your Petitioners as in, Duly bound shall Ever Pray.

April the 11th 1785.

[there follows approximately 2 ¼ pages of signatures, of which one is the mark of Adam House]

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Excerpts from The History of Union County, Ohio [W.H. Beers & Co.: Chicago, 1883]

pages 56-57:

[Here follows a description of events beginning in 1783.]

Following the cessation of hostilities with England, several posts were still occupied by the British in the North and West. Among these was Detroit, still in the bands of the enemy. Numerous engagements with the Indians throughout Ohio and Indiana occurred, upon whose lands adventurous whites would settle ere the title had been acquired by the proper treaty. To remedy this latter evil, Congress appointed commissioners to treat with the natives and purchase their lands, and prohibited the settlement of the territory until this could be done.

...

The Indian title to the Northwest was not yet extinguished. They held large tracts of lands, and in order to prevent bloodshed Congress adopted means for treaties with the original owners and provided for the surveys of the lands gained thereby, as well as for those north of the Ohio, now in its possession. On January 31, 1786, a treaty was made with the Wabash Indians. The treaty of Fort Stanwix had been made in 1784. That at Fort McIntosh in 1785, and through these much land was gained.

pages 277-279:

In correspondence between W. Jackson, Assistant Secretary of War, and Gen. William Irvine, in the fall of 1783, mention is made of settlements which had been made and were making between the Muskingum and Wabash, and Irvine was apprehensive of the renewal of war between those settlers and the Indians. Congress obtained knowledge of the condition of affairs, and issued the following proclamation:

By the United States in Congress assembled. A proclamation:

WHEREAS, By the ninth of the articles of confederation, it is among other things declared that "the United States in Congress assembled have the sole and exclusive right and of regulating the trade, and managing all affairs with the Indians not members of any of the States; provided, that the legislative right of any State within its own limits, be not infringed or violated," And Whereas. It is essential to the welfare and interest of the United States, as well as necessary for the maintenance of harmony and friendship with the Indians, not members of any of the States, that all cause of quarrel and complaint between them and the United States, or any of them, should be removed and prevented; therefore, the United States, in Congress assembled, have thought proper to issue their proclamation, and they do hereby prohibit and forbid all persons from making settlements on lands inhabited or claimed by Indians without the limits or jurisdiction of any particular State, and from purchasing or receiving any gift or cession of such lands or claims, without the express authority and directions of the United States in Congress assembled; and it is moreover declared that every such purchase or settlement, gift or cession, not having the authority aforesaid, is null and void, and that no right or title will accrue Congress.

Done in Congress, at Princeton, this twenty-second day of September, in the year of our Lord one thousand seven hundred and eighty-three, and of our sovereignty and independence the eighth.

ELIAS BOUDINOT, President.

CHARLES THOMSON, Secretary.

No attention was paid to this proclamation, and settlers poured into the forbidden country so rapidly that the government found it necessary to drive them out. On the 24th of January, 1785, the Commissioners of Indian Affairs instructed Lieut. Col. Josiah Harmar, of the First American Regiment, to employ such force as he might deem necessary "in driving off persons attempting to settle on the lands of the United States." Ensign John Armstrong was detailed with a force of twenty men and fifteen days' provisions to perform the task of driving off all within 150 miles of Ft. McIntosh, located at the mouth of the Beaver River, in Pennsylvania. Armstrong dispossessed settlers at points in the Ohio as far down as Wheeling, or a point opposite that place, and in his report to Col. Harmar appears the following:

"As the following information through you to the honorable the Congress may be of some service, I trust you will not be displeased therewith. It is the opinion of many sensible men (with whom I conversed on my return from Wheeling) that if the honorable the Congress do not fall on some speedy method to prevent people from settling on the lands of the United States west of the Ohio, that country will soon be inhabited by a banditti whose actions are a disgrace to human nature. You will in a few days receive an address from the magistracy of Ohio County, through which most of those people pass, many of whom are flying from justice. I have, sir, taken some pains to distribute copies of your instructions, with those from the honorable the Commissioners for Indian affairs, into almost every settlement west of the Ohio, and had them posted up at most public places on the east side of the river, in the neighborhood through which those people pass. Notwithstanding they have seen and read those instructions, they are moving to the unsettled countries by forties and fifties. From the best information I could receive, there are at the falls of the Hockhocking upward of three hundred families; at the Muskingum, a number equal. At Moravian Town, there are several families, and more than fifteen hundred on the Rivers Miami and Scioto. From Wheeling to that place, there is scarcely one bottom on the river but has one or more families living thereon. In consequence of the advertisement by John Emerson, I am assured meetings will be hold at the times therein mentioned. That at Menzons' or Haglin's town, mentioned in my report of yesterday, the inhabitants had come to a resolution to comply with the requisitions of the advertisement. "

This advertisement was as follows, as given in Mr. Butterfield's work, Washington- Irvine correspondence, in the shape of a foot-note:

MARCH 12, 1785.

Notice is hereby given to the inhabitants of the west side of the Ohio River, that there is to be an election for the choosing of members of the convention for framing a constitution for the governing of the inhabitants, the election to be held on the 10th day of April, next ensuing, viz.: One election to be held at the mouth of the Miami River, and one to be held at the mouth of the Scioto River, and one on the Muskingum River, and one at the dwelling house of Jonas Menzons, the members to be chosen to meet at the mouth of the Scioto on the 20th day of the same month.

I do certify, that all mankind, agreeable to every constitution formed in America, have an undoubted right to pass into every vacant country, and there to form their constitution, and that from the confederation of the whole United States Congress is not empowered to forbid them, neither is Congress empowered from that confederation to make a sale of the uninhabited lands to pay the public debts, which is to be by a tax levied [collected) by authority of the Legislature of each State.

JOHN EMERSON.

Various orders were issued by Col. Harmar, and a Congressional Committee approved his conduct; also authorizing him to remove his troops from Ft McIntosh and post them at some point at or near the Ohio, between the Muskingum and the Great Miami, "which be shall conceive most advisable for further carrying into effect the before mentioned orders," and appropriating $600 for the purpose of transporting the troops and their baggage. Under this order, Ft. Harmar was constructed at the mouth of the Muskingum.