Ohio History Journal


302 Ohio Arch

302        Ohio Arch. and Hist. Society Publications.

 

THE FIRST COURT IN OHIO.

(From the American Pioneer.)

"The first court held northwest of the river Ohio, under the forms

of civil jurisprudence, was opened at Campus Martius, (Marietta,) Sep-

tember 2d, 1788.

"It will be remembered, that on the preceding 7th of April, General

Rufus Putnam, with forty-seven men, had landed and commenced the

first permanent settlement in what is now the state of Ohio. General

Harmar, with his regulars, occupied Fort Harmar. Governor St. Clair,

and also General Samuel Holden Parsons and General James Mitchell

Varnum, judges of the supreme court, arrived in July. The governor

and judges had been employed from their arrival in examining and

adopting such of the statutes of the states, as, in their opinion, would be

appropriate to the situation of this new colony. The governor had made

appointments of civil officers for the administration of justice, and to

carry into effect the laws adopted. Some idea may be obtained of the

character of the early settlers of Ohio, by describing the order with which

this important event, the establishment of civil authority and the laws,

was conducted. From a manuscript written by an eye-witness, now in

my possession, I have obtained the substance of the following: The pro-

cession was formed at the Point, (where most of the settlers resided,)

in the following order: 1st, the high sheriff, with his drawn sword; 2d,

the citizens; 3d, the officers of the garrison at Fort Harmar; 4th, the

members of the bar; 5th, the supreme judges; 6th, the governor and

clergyman; 7th, the newly appointed judges of the court of common

pleas, Generals Rufus Putnam and Benjamin Tupper.

"They marched up a path that had been cut and cleared through the

forest to Campus Martius Hall (stockade,) where the whole counter-

marched, and the judges (Putnam and Tupper) took their seats. The

clergyman, Rev. Dr. Cutler, then invoked the divine blessing. The sheriff,

Colonel Ebenezer Sproat, (one of nature's nobles) proclaimed with his

solemn 'O Yes,' that 'a court is opened for the administration of even-

handed justice, to the poor and the rich, to the guilty and the innocent,

without respect of persons; none to be punished without a trial by their

peers, and then in pursuance of the laws and evidence in the case.' Al-

though this scene was exhibited thus early in the settlement of the state,

few ever equalled it in the dignity and exalted character of its principal

participators. Many of them belong to the history of our country, in the

darkest as well as the most splendid periods of the revolutionary war.

To witness this spectacle, a large body of Indians was collected, from the

most powerful tribes then occupying the almost entire West. They had

assembled for the purpose of making a treaty. Whether any of them

entered the hall of justice, or what were their impressions, we are not

told."