The last two sections have out run the present one chronologically in the attempt to follow the lineal development of our fundamental instruments. Prior to the question of public domain and the Ordinance of 1787 came the cession by Virginia of her northwestern possessions to the United States, along with other territorial relinquishments by other states. As said on a previous page, the first civil organization was attempted by the Virginia Assembly, which establishment courts among the French and temporarily installed John Todd as Governor of Kaskaskia. This organization was no doubt cruder than it would have been had the future ownership been more certain. As early as 1781 Virginia thought favorably of the proposition to cede her newly acquired domain, and in 1784 the cession was made and the whole territory passed over to a new jurisdiction. For the three years following there seems to have been little that could be called civil government, but with the adoption of the Ordinance of 1787 steps were taken to organize the country in accordance with the provisions of that instrument. The region then took the name of "The Territory of the United States Northwest of the River Ohio," but this, in popular usage, became simply "The Northwest Territory." (The Northwest Territory comprised the present states of Ohio, Indiana, Illinois, Michigan, Wisconsin and a part of Minnesota. It was the first public domain of the United States and the first use made of the lands was in the discharge of the nation's debts to Revolutionary soldiers. For matter at length on this subject, see Burnet's "Notes on the Northwest Territory" and chapter on same in Dunn's "Indiana.") General Arthur St. Clair, an officer of the Revolution, was elected Governor by Congress, and he, on July 27, 1788, issued a proclamation organizing Washington County, which comprised the eastern half of the present State of Ohio. Prior to that a land company had purchased of Congress a tract on the Ohio, taken thither the first colony, and founded the town of Marietta. This settlement and the one county above named marked the real starting point of civil government in the Northwest Territory. It was two years before any other county was formed. With the election of the Governor, the three judges required by the Ordinance had likewise been chosen and with the convening of the officers at Marietta they proceeded to their work of compiling a body of laws, the result being a small volume, printed in 1795, known as the "Maxwell Code."

With the history of the Northwest Territory prior to the formation of Indiana Territory, in 1800, however, it is not our purpose to deal beyond noting in a general way the westward movement that presently extended to our territory. With the opening of the new country the influx began, and "it is estimated that within a year following the organization of the territory full twenty thousand men, women and children passed down the Ohio River to become settlers upon its banks" (Lossing). Most of this earlier immigration, presumably, did not go beyond Washington County. The progress westward was retarded by the hostilities of the Indians, whose ill-feeling at the encroachments upon their lands was kept alive by British influences from the north, England's desire being that this region should still remain a wild territory between the frontiers of the two nations. According to Judge Burnet, "The woods were literally swarming with Indians, scattered in every direction, and, in addition to other difficulties, those who ventured into the wilderness, from duty or choice, were in constant danger of meeting some of those parties and suffering the consequences" (Burnet's "Notes on the Northwest Territory). Nevertheless, organization proceeded and by 1796 there were four counties, namely: Washington, Hamilton, St. Clair; and Knox, with seats of justice in the order named, at Marietta, Cincinnati, Kaskaskia and Vincennes.