Wednesday, November 28, 2018

Marietta Commons

American Friend, September 27, 1816

Fellow Citizens of Marietta.

The following statement may be some information to those of you who were not at the first settlement of this place. The Ohio Company held up as an inducement to settlers, a large and extensive commons to consist of 4000 acres, to remain for the use of the citizens of this town forever; and their agent was ordered to lay off the same at, and near the confluence of the Muskingum with the Ohio, as appears of record. After this, a meeting of the said company was held in this place and the superintendent was directed to lay out 3000 acres of the said commons into three-acre lots; it was so done, and they are now held by themselves or heirs.

Some have asserted that Marietta never had any commons; if so, from what common was it that the 1000 three-acre lots were laid off? And, if there had been no common, would the proprietors of the Ohio Company have resolved to lay out the three-acre lots in the manner above mentioned? Could the Ohio Company have given to the citizens of Marietta any better title to the said lands, than by their resolutions, and laying off the same agreeably thereto? Can they afterward divest us of our rights and convey the property to others? I say no - with no more propriety than I could give to two different persons, warrantee deeds of the same piece of land, and of course the title which the Ohio Company has given to the three-acre lots and to the fractions of the 4,000 acres, is good for nothing. Judges of law say that if the 4,000 acres were laid out as commons, they are commons still.

Will the citizens of Marietta quietly suffer themselves to be divested of their rights? It is presumed not, and therefore hoped that they will attend the town meeting to be held on the 5th of October at 8 o'clock A.M.

A Friend to just rights and privileges.

 

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