HISTORICAL



CHAPTER I.


(RETURN TO THE TITLE PAGE)


THE CAPITAL CITY OF OHIO.

Explanatory Geographical Note.

The state of Ohio, in its entirety, lies between latitude 38 degrees 27 minutes and 41 degrees 57 minutes N. and longitude 80 degrees 34 minutes and 84 degrees 49 minutes W. The maximum length of the state east and west being two hundred and ten miles, and the maximum breadth from south to north one hundred and fifteen. The center of the originally surveyed square on which the capital buildings were erected is latitude 37 degrees 57 minutes, longitude 82 degrees 29 minutes, almost equidistant from the cities of Cleveland northeast, Toledo northwest, Cincinnati southwest and Marietta southeast, at and average maximum distance frona the capital of one hundred and fifteen miles.

A line drawn through Columbus north and south and another east and west divides the state into four almost equal parts. The most distant points, and somewhat in excess of the one hundred and fifteen mile maximum, are at the corner of the state at the intersection of the Pennsylvania line on the northeast and the intersection of the Ohio, Indiana and Michigan lines on the northwest.

Aside from these. points, however, the one hundred and fifteen mile radius is dominant and inclusive, making the average railway and traction distance between the capital and the furthest state points within four hours of average schedule time, and those within the smaller radii from fifteen minutes, to two hours and thirty minutes. These lines of travel extend regularly in all directions and following with remarkable fidelity the aboriginal and pioneer lines of travel. which coincidence will be adverted to hereafter at greater length.

The Founding of the City of Columbus.

The selection of the present site of the city of Columbus was purely political, speaking in contradistinction to the commercial idea and using the terms "political" and "commercial" in their broadest and best significance. There


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were and could be no commercial reasons for founding the city at the junction of the Scioto and the Olentangy rivers in the first decade of the nineteenth, however strong those reasons might be in the first decade of the twentieth century. Then it was practically an unbroken forest, marked here and there with puny settlements, for scores of miles in all directions from the present State House Park. Now it is a modern city, standing like the hub of a wheel from which radiates lines of steam and electric roads, some of them main lines of commerce as well as transportation, in every direction, and so fixed naturally by the geographical location of the city as to bring the vast preponderance of the five million population within from three hours and thirty minutes, and in most cases in from two hours, down to thirty minutes' travel of the capitol building; albeit the state is two hundred and ten miles in length east and west and two hundred and fifteen miles broad north and south.



The conditions existing a century ago fully explain why commercial ideas did -not weigh in the selection of the site, but on the contrary throbbed with political reasons in favor of it. The capital of the Northwest Territory, organized by the ordinance of 1787, was, in a sense, a peripatetic affair and was located at three different points-Marietta, Cincinnati and Chillicothe. Originally and nominally at Marietta, tentatively at Cincinnati and with a degree of permanence at Chillicothe. The territory was a vast, unpopulated empire extending from the Ohio valley north and northwest to Lake Superior and along the great chain of lakes eastward to the northwest boundary of Pennsylvania, westward to the Mississippi and with the Ohio river its eastern and southern boundary.

Subject to Three Removals.

The state capital was subject to three removals: originally and from 1803 to February 22, 1810, at Chillicothe; from February 22, 1810, to February 21, 1812, at Zanesville; from February 21, 1812, to February 27, 1816, at Chillicothe; and from that date at Columbus, permanently, the necessary capital buildings being in process of construction from 1812, under the legislative acts of the period establishing it as the permanent capital, the legislative and administrative business of the state being, meanwhile, transacted at Chillicothe.

Asking for Proposals.

It had obviously been decided as early as 1807-1808, in the minds of those who were shaping the destiny of the new state, to fix, its capital at some central point equally accessible to the population which they evidently foresaw occupying all portions of the state, their central idea being that travel should be equalized to and from the capital to all parts of the state.

There were two methods of travel at that day-by roadway, on foot, horseback or vehicular appliance, or by boat on river and creek. There was but one way to equalize travel-to place the capital in the practical geographical center of the state, not in the theoretical center of population, thus affording equal facilities to all groups of settlers, whether large or small, and, more important than all, to encourage settlements in every section of the state.


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The Moving Considerations.

They were moved to these considerations by the travel and transportation question as it then presented itself. If the capital should become a great metropolis, its proper place, in their lights, was in the center of the state, where it would offer equal advantages to all. If it was of but limited growth, it was still the capital and great political center, and they were disinclined to afford three-fourths of the facilities to reach the capital to one-fourth of the population and but one-fourth of the facilities to the remaining three-fourths.

This was the irresistible and common sense reasoning and logic of our ancestors, in the absence of modern methods of travel, traffic and transportation. They may have builded in the dark, but they could not have builded their capital more appropriately or laid the foundation of their state more grandly.

The following commissioners were selected to locate a suitable site for a state capital by the legislative session of 1808-1809: General James Findlay, of Hamilton county; Joseph Darlington, Adams; William McFarland, Ross; and later the names of Wyllys Silliman, of Washington, and General Rezin Beall, of Wayne, were added to the commission by joint resolution.



Rival Propositions Submitted.

The commission organized and asked real-estate proprietors to submit propositions looking to the location of the future city. In 1811-12 the commission submitted their report, in which was recited the following pecuniary or other valuable inducements to locate the capital at one of nine different points

1. Messrs. John Kerr, Alex. McLaughlin, James Johnston and Lyne Starling, of Columbus, then known as the High Bank opposite Franklinton, who offered to donate all the grounds necessary for the public buildings and erect all the necessary buildings thereon, donate one thousand acres of ground and four thousand dollars in money.

2. Moses Byxbe and Henry Baldwin, of Delaware, offered to donate the ground and erect all necessary buildings and lay off four thousand acres in town lots, the proceeds of one-half, taken alternately, to inure to the state treasury.

3. John and Peter Sells offered to donate four hundred acres on the Scioto, four miles west of Worthington, and erect suitable buildings.

4. James Kilbourne, of Worthington, offered to donate all the necessary grounds and erect such buildings as might be required.

5. Walter Dun, for himself, and John Graham offered to donate four hundred acres and erect buildings near the Scioto, in Franklin county, northwest of Franklinton.

6. Thomas Backus offered to donate one thousand acres between the Sells' site and Franklinton.

7. James Galloway offered to donate two hundred acres on the Big Darby near the line of Franklin and Madison counties.

8. Henry Neville offered to donate one hundred and fifty acres of the High Bank on the Pickaway Plains.


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9. Circleville offered a subscription of five thousand nine hundred and ninety-five dollars.

The commissioners recommended the Delaware offer and site, but the legislature eventually fixed on Columbus as the permanent seat of government and removed it temporarily from Zanesville to Chillicothe until the new capitol buildings were erected. The following representatives entered a protest on the Journal against the act, as unnecessary and uncalled for, and because the Delaware proposition was refused, if any were to be accepted, viz: Messrs. Thomas G. Jones, Frame, Foulks, Crumbacker, Mitchell, Sharp, Jackson. Harman, Huntington, McCune, Bryson and Smith.

The legislature almost unanimously ignored the recommendation of the commission in favor of Delaware and by a similar vote decided to accept proposition No. 1 as above, and in due course of time legislation was enacted and the permanent capital of the state was fixed and Columbus appeared on the map.

Full Text of Winning Proposition.

The following is a copy of the original proposal of the proprietors of Columbus



To the Honorable the Legislature of the State of Ohio: We, the subscribers, do offer the following as our proposals, provided the legislature at their present session shall fix and establish the permanent seat of government on the bank of the Scioto river, nearly opposite Franklinton, on half sections number twenty-five and twenty-six and part of half sections number ten and eleven, all in township five, range twenty-two of the Refugee Lands, and commence their sessions there on the first Monday of December, 1817:

1st. To lay out a town on the lands aforesaid, on or before the first of July next, agreeably to the plan presented by us to the legislature.

2d. To Convey to the state by general warranty deed, in fee simple, such square of said town, of the contents of ten acres or near it, for the public buildings, and such lot of ten acres, for the penitentiary and dependencies, as a director, or such person or persons as the legislature shall appoint, may direct.

3d. To erect and complete a state house, offices and penitentiary, and such other buildings as shall be directed by the legislature to be built, of stone and brick, or of either, the work to be done in a workmanlike manner, and of such size and dimensions as the legislature shall think fit; the penitentiary and dependencies to be completed on or before first of January, 1815, and the state house and offices on or before the first Monday of December, 1817.

When the buildings shall be completed the legislature and us, reciprocally, shall appoint workmen to examine and value the. whole buildings, which valuation shall be binding; and if it does not amount to fifty thousand dollars, we shall make up such deficiency in such further buildings as shall be directed by law; but if it exceeds the sum of fifty thousand dollars, the legislature will by law remunerate us in such way as they may think just and equitable.

The legislature may, by themselves or agent, alter the width of the streets


PAGE - 9 PICTURE OF THE STATE CAPITAL

PAGE 10 - BLANK

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and alleys of said town, previous to its being laid out by us, if they may think proper to do so.

LYNE STARLING (Seal.)

JOHN KERR (Seal.)

ALEX. MCLAUGHLIN (Seal.)

JAMES JOHNSTON (Seal.)

Attest,

WILSON ELLIOT,

ISAAC HAZLETT.

The above was accompanied by their bond for the faithful performance of their undertaking.

When Matters Looked Dubious.



Although it was the avowed object of the legislature to establish a permanent seat of government, yet when the time came to act conclusively on the subject, there was a misgiving among them, and it became pretty manifest that the bill for the acceptance of the foregoing proposals would not pass without a limitation clause in it, and it being now just at the close of the session, rather than to have it defeated or to lie over, the proprietors made their second proposition, of which the following is a copy:

To the Honorable the Legislature of Ohio : We, the subscribers, do agree to comply with the terms of our bond now in possession of the senate of the state aforesaid, in case they will fix the seat of government of this state on the lands designated in our proposals, on the east bank of the Scioto river, nearly opposite to Franklinton, and commence their sessions there at or before the first Monday of December, 1817, and continue the same in the town to be laid off by us until the year 1840. These conditional proposals are offered for the acceptance of the legislature of Ohio, provided they may be considered more eligible than those previously put in.

JOHN KERR (Seal.)

JAMES JOHNSTON (Seal.)

A. McLAUGHLIN (Seal.)

LYNE STARLING (Seal.)

Attest,

WILLIAM ELLIOTT,

February 11th, 1812.

This proposition seemed to satisfy the opposition, and the bill was amended by adding the latter clause to the end of the second section, and then passed.

The First Historian a Wise One.

This last proposition was at some time lost from the file of papers in the state treasurer's office, and that fact was possibly the means of saving the seat of government at Columbus. From the time of the repeal of the law for the -erection of a new state house, in 1840, the subject of the removal of the seat of government from Columbus became agitated, and at the session of 1842-43, a committee of the legislature was appointed on that subject., who being divided


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in opinion or feeling, made a majority and a minority report. The majority assumed as a first ground that it had been permanently established at Columbus by the act of February 14, 1812, accepting the proposals of the proprietors of the town; and then referring to the conditions of the first proposals, insisted that it could not be removed without a violation of the faith of the state. The arguments of the two reports are principally confined to that proposition-the second proposal not being known of, apparently, by either party. And the compiler of the "Brief History of Columbus," prefixed to Mr. J. R. Armstrong's Columbus Directory, published in 1843, while the subject of removal was still in agitation, was, as a citizen of Columbus, perhaps excusable in giving the proprietor's first proposals, while he suppressed the second, which would have upset all the fine arguments in favor of the permanent location.

The Original Legislative Act.



The law referred to, accepting the proposals of the proprietors, and establishing the seat of government, was passed the 14th day of February, 1812, and reads as follows

Section 1. That the proposals made to this legislature by Alexander McLaughlin, John Kerr, Lyne Starling and James Johnston, to lay out a town on their lands, situate on the east bank of the Scioto river, opposite Franklinton, in the county of Franklin, on parts of half sections numbers nine, ten, eleven, twenty-five and twenty-six, for the purpose of having the permanent seat of government thereon established; also to convey to the state a square of ten acres and a lot of ten acres, to erect a state house and offices, and a penitentiary, as shall be directed by the legislature, are hereby accepted, and the same, and their penal bond annexed thereto, dated the 10th of February, 1812, conditioned on the faithful performance of said proposals, shall be valid to all intents and purposes, and shall remain in the office of the treasurer of state, there to be kept for the use of the state.

Sec. 2. That the seat of government of this state, be and the same is hereby fixed and permanently established on the lands aforesaid; and the legislature shall commence their session thereat on the first Monday of December, 1817, and there continue until the first day of May, 1840, and from thence until otherwise provided for by law.

Sec. 3. That there shall be appointed by joint resolution of this general assembly, a director, who. shall within thirty days after his appointment, take and subscribe an oath faithfully and impartially to discharge the duties enjoined on him by law, and shall hold his office to the end of the session of the next legislature; provided, that in case the office of the director aforesaid, shall, by death, resignation or in any wise, become vacant during the recess of the legislature, the governor shall fill such vacancy.

Sec. 4. That the aforesaid director shall view and examine the lands above mentioned, and superintend the surveying and laying out of the town aforesaid, and direct the width of the streets and alleys therein; also to select the square for public buildings, and the lot for the penitentiary and dependencies, according to the proposals aforesaid; and he shall make a report thereof


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to the next legislature; he shall, moreover, perform such other duties as will be required of him by law.

See. 5. That Laid McLaughlin, Kerr. Starling and Johnston, shall, on or before the first day of July next ensuing, at their own expense, cause the town aforesaid to be laid out, and a plat of the same recorded in the recorder's office of Franklin county, distinguishing therein the square and the lot to be by them conveyed to this state ; and they shall, moreover, transmit a certified copy thereof to the next legislature, for their inspection.

Sec. 6. That from and after th-e first day of flay next, Chillicothe shall be the temporary seat of government, until otherwise provided by law.

And by an act amendatory to the above act, passed February 17, 1816, it was enacted

That from and after the second Tuesday of October next, the seat of government of this state shall be established at the town of Columbus, and Were continue, agreeably to the provisions of the second section of the act entitled ":fin act fixing and establishing the permanent and temporary seats of government," passed February 14, 1812.



That the auditor, treasurer and secretary of state, shall, in the month of October next. remove, or cause to be removed, the books, maps and papers in their respective offices, to the offices prepared and designated for them severally, in the town of Columbus ; and the treasurer shall also remove any public money which may be in his office; and the said public officers shall there attend and keep their offices respectively, from and after that time, any law to the contrary notwithstanding.

Then followed various acts of legislation looking to the completion of the steps that had been taken looking toward the establishment of a permanent seat. of government.

Building Committee and Plains.

RESOLUTION, for the appointment of a committee to lay down the plan on which the state house and penitentiary shall be erected.

RESOLVED, That a committee of three members be appointed by the senate, to act jointly with such committee as may be appointed by the house of representative, to agree upon and lay down the plan on which the state house and penitentiary shall be erected. and to point out the materials whereof they shall be built, and make a report of their proceedings to the house of representatives.

MATTHIAS CORWIN,

Speaker of the House of Representatives.

THOS. KIRKER,

Speaker of the Senate.

Attest-R. OSBORN, C. H. R.

Attest-CARLOS A. NORTON, C. S.

February 18, 1812.

Laying Down a Plan.

RESOLUTION, Laying down and agreeing to a plan oil which the state house and penitentiary shall be erected.


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RESOLVED by the senate and house of representatives, That the director, after selecting the squares and sites whereupon the state house and penitentiary shall be built, shall proceed to lay down the size and dimensions of the said buildings as follows, viz: The state house to be seventy-five feet by fifty, to be built of brick, on a stone foundation, the proportions of which shall be regulated by said director, according to the most approved models of modern architecture, so as to combine, as far as possible, elegance, convenience, strength and durability.

The penitentiary to be sixty feet by thirty, to be built of brick, on a stone foundation with stone walls projecting in a line with the front fifty feet on each end so as to form a front of one hundred and sixty feet, and to extend back from the front one hundred feet, forming an area of one hundred and sixty by one hundred feet.



The walls to be fifteen feet high. The proportion of the penitentiary shall be regulated by the director, according to the best models which he can obtain from those states where theory has best been tested by experience and the said director shall make a report of his proceedings in the premises, with a plan of said buildings to the next legislature within ten days after the commencement of the session.

MATTHIAS CORWIN,

Speaker of the House of Representatives.

THOS. KIRKER,

Speaker of the Senate.

Attest-R. OSBORN, C. H. R.

Attest-CARLos A. NORTON, C. S.

February 20, 1812.

A Director Appointed.

Resolution appointing a director agreeably to the act entitled "an act fixing and establishing the permanent and temporary seats of government."

RESOLVED by the general assembly of the state of Ohio, That Joel Wright, of Warren county, be and he is hereby appointed director agreeably to the provisions of the act entitled "an act fixing and establishing the permanent and temporary seats of government."

MATTHIAS CORWIN,

Speaker of the House of Representatives.

THOS. KIRKER,

Speaker of the Senate.



Attest-R. OSBORN, C. H. R.

Attest-CARLOS A. NORTON, C. S.

February 20, 1812.

Looking to Removal.

RESOLUTION, for the removal of the state papers, etc., to Chillicothe.
RESOLVED by the general assembly of the state of Ohio, That the doorkeepers of the senate and of the house of representatives shall take charge of the state


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furniture belonging to their respective houses, and deliver it to the secretary of state, who is hereby authorized to expose and sell the same at public auction for cash, giving ten days' notice by advertisement in the Muskingum Messenger, printed in the town of Zanesville, and pay the proceeds of such sale to the state treasurer for the use of the state, taking his receipt for the same, which he shall deposit with the auditor of public accounts.

RESOLVED, That immediately after the rising of the legislature the clerk of each house shall make a true inventory of all papers, books, maps and stationery belonging to the state in their possession and immediately deliver the same with the inventory to the secretary of state.

RESOLVED, That the secretary, treasurer, and auditor shall deliver to the order of Duncan M. Arthur, James Dunlap, Abraham Claypool, William Sterrett, Samuel Monett and Thomas Renick, all the books, papers, etc., in their respective offices belonging to the state for the purpose of transporting them to the town of Chillicothe in the county of Ross, Ohio, subject to the order of the next legislature ; and the secretary, treasurer and auditor are hereby required to superintend the delivery and transportation of the state, books, papers, etc., in their respective offices agreeably to the provisions of the law fixing the permanent and temporary seats of government passed this session.

MATTHIAS CORWIN,

Speaker of the House of Representatives.

THOS. KIRKER,

Speaker of the Senate.

Attest-R. OSBORN, C. H. R.

Attest C. A. NORTON, C. S.

February 21, 1812.

The Town Officially Named.

RESOLUTION giving a name to the permanent seat of government.

RESOLVED by the general assembly of the state of Ohio, That the town to be laid out, at the Highbank, on the east side of the Scioto river, opposite the town of Franklinton, for the permanent seat of government, of this state, shall be known, and distinguished, by the name of Columbus.

MATTHIAS CORWIN,

Speaker of the House of Representatives.

THOS. KIRKER,Speaker of the Senate.

Attest-R. OSBORN, C. H. R.

Attest-C. A. NORTON, C. S.

February 21, 1812.

Director's Duties Defined.



An act ascertaining the duties of the director of the town of Columbus.

Section 1. Be it enacted by the general assembly of the state of Ohio, That the director appointed by the legislature, shall, within thirty days after his appointment, enter into a bond, with sufficient security, payable to the treas-


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urer of this state, in the penal sum of four thousand dollars, and take and subscribe an oath, faithfully to discharge the duties enjoined-on him by law; and shall hold his office to the end of the session of the next legislature : Provided, That in case the office of director aforesaid, shall become vacant by death, resignation, or otherwise, during the recess of the legislature, the governor shall fill the same : Provided also, That nothing in this act shall be so construed as to exonerate the proprietors of the town of Columbus, from any responsibility of their original contract.

Sec. 2. Be it further enacted, That it shall be the duty of the said director, to superintend the erection of the public buildings, in the town of Columbus, agreeably to the plans laid down by the late director, except in his opinion, alterations are necessary in the internal arrangement of said buildings, in which case he is hereby authorized to direct the same, in such manner as he shall judge most likely to answer the purpose for which such buildings are erected; and in all things to see that the said public buildings are supposed, in all their parts, of proper materials, and built in a good and workmanlike manner: and he is hereby authorized and required, to object to any materials, not of proper quality, or any work not of the description aforementioned; and if the director shall perform, or cause to be performed, for his own private advantage, ail y part of the above work, he shall, on conviction thereof, forfeit the amount of his penal bond.

Sec. 3. Be it further enacted, That it shall be the duty of the director, for the time being, to prevent and abate all nuisances, either in the streets or public squares of said town, by digging for brickyards, or any other purpose, and to preserve from trespass all wood and timber, the property of the state, within the said town, and to cut and dispose of such part as he may deem proper for the use of the state, and annually account for the proceeds of the same.

Sec. 4. Be it further enacted, That it shall be the duty of the director to make a report of his proceedings, and of the progress made in the erection of said buildings, whether in his opinion the same is composed of good materials. and built in a workmanlike manner, to the next legislature, with twenty days after the commencement of its session.

Sec. 5. Be it further enacted, That the director shall be entitled to receive for his services, at the rate of six hundred dollars per annum, for all the time he may be engaged in discharging the duties of his office, payable quarter yearly on the certificate of the governor, that the services have been performed, being presented to the auditor, who is hereby authorized to issue bills for the same, payable at the office of the treasurer of state.

JOHN POLLOCK,

Speaker of the House of Representatives.

THOMAS KIRKER,

Speaker of the Senate

January 28, 1813..

Taxing Concessions to the Proprietors.

An act directing how the tax on lots in the town of Columbus shall be assessed and disposed of.


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PAGE 18 - BLANK

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Section 1. Be it enacted by the general assembly of the state of Ohio, That it shall not be lawful for the commissioners of the county of Franklin, to levy any tax upon lots in the town of Columbus, previous to the first day of January, Anno Domini, one thousand eight hundred and sixteen.

Sec. 2. Be it further enacted, That the lots in said town of Columbus, shall, hereafter, until the first day of January, one thousand eight hundred and sixteen, stand charged annually, with an amount of tax equal to the amount levied and assessed upon said lots by the commissioners of said county of Franklin for the year one thousand eight hundred and thirteen, to be collected by the director of the town of Columbus, in the same manner as other county taxes. And said director is hereby authorized and required to proceed to collect said taxes, in the same manner, and with the same authority, as other township collectors : Provided, That if the proprietors or owners of lots of said town, shall, on or before the first day of August in each year, pay to the said director, the sum of one-half of the full amount assessed as aforesaid, the said lots shall be exonerated from all, charge of tax for each year, for which the sum aforesaid shall be paid.

Sec. 3. Be it further enacted, That the said director shall proceed to lay out and expend the sum of one hundred and twenty-five dollars, if so much shall be needed, of the monies which he shall receive, by virtue of the provisions of this act, for the purpose of sinking and completing a well at the state house; the balance to be applied in improving within the county of Franklin, the state road leading from the town of Columbus to Greenville, in the county of Licking. And said director shall yearly make report of all his proceedings under this act, to the legislature.

JOHN POLLOCK,

Speaker of the House of Representatives.

OTHNIEL LOOKER,

Speaker of the Senate

January 27, 1814.Officers Preparing to Move.

An act, supplementary to the act, entitled, "An act, fixing and establishing the permanent and temporary seat of government."

Section 1. Be it enacted by the general assembly of the state of Ohio, That the offices of auditor, treasurer and secretary of state shall be removed to, and established at the permanent seat of government, at the town of Columbus, in the, month of October, in the year one thousand eight hundred and seventeen, and all the books, papers, and other articles belonging to said offices, shall be carefully packed up and removed, under the inspection and direction of the persons holding the respective offices of auditor, :treasurer and secretary of state. And the said officers shall attend at the permanent seat of government aforesaid, and keep their said offices respectively.

Sec. 2. Be it further enacted, That a director for the town of Columbus, shall be appointed by joint resolution, who shall continue in office until the rising of the next general assembly; and the director shall give bond, and take the oath required by the act, ascertaining the duties of the director of the town of


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Columbus ; and the said director so to be appointed, shall perform all the duties required by the before recited act, and such other duties as may be required of him by law.

JOHN POLLOCK,

Speaker of the House of Representatives.

OTHNIEL LOOKER,

Speaker of the Senate.

February 9, 1814.

First Toll Bridge in Columbus.

An act to authorize Lucas Sullivant and his associates to erect a toll bridge across the Scioto river at the town of Columbus.

Section 1. Be it enacted by the general assembly of the state of Ohio, That Lucas Sullivant and his associates. and those who may hereafter associate with him, are hereby authorized to build a bridge across the Scioto river in the county of Franklin, at the place where Broad street. in said town of Columbus. now crosses said river, leading into the Main street in the town of Franklinton and the said Lucas Sullivant and his associates, if any there be. and his and their heirs and assigns, are hereby authorized to ask, demand and receive from passengers who may cross said bridge. the following rates of toll to-wit: For each foot passenger, three cents; for every horse, mule or ass, one year old or upwards, four cents; for each horse and rider, twelve and one-half cents : for every chaise, riding chair, gig, cart or other two wheeled carriage, with two horses or two oxen and driver, thirty-seven and one-half cents; for the same with one hose and driver, twenty-five cents; for each sleigh or sled, drawn by two horses or oxen, twenty-five cents; for the same drawn by one horse and driver, eighteen and three-fourths cents; for every coach chariot or other pleasurable carriage, with four wheels and driver, drawn by four horses, seventy-five cents : for the same carriages and driver, drawn by two horses, fifty cents ; for every wagon with two horses or oxen and driver, thirty-seven and a half cents : and for each horse or ox in addition, six and a fourth cents: for every head of neat cattle six months old or upwards, two cents : for every head of cattle younger than six months old, and for every head of sheep or hogs. one-half cent Provided always, That all public mails and expresses, all troops of the United States and of this state, with their artillery. baggage and stores. and all persons who are exempted by the laws of the state from the payment of ferriages, may pass over said bridge free from the toll aforesaid; and it shall be the duty of the said Lucas and others as aforesaid, their or any of their several assignees or representatives, to set up and constantly to keep up. exposed to public view, in some conspicuous place near the gate which may be constructed across said bridge, a board or canvas, on which shall be printed or painted in fair and legible characters, the rates of toll herein above established.

Sec. 2. Be it further enacted, That if the said Lucas and others as aforesaid, his, her or their several assignees or representatives, shall within four years frona the passing of this act, have erected and made a good and complete bridge at the place aforesaid, made of sufficient width, having a. convenient foot way,


CENTENNIAL HISTORY OF COLUMBUS - 21

with hand railing and cart away or cart ways, and in other respects of sufficient strength and dimensions, so as to admit of the safe passage of the passengers, carriages and cattle as aforesaid, then the said Lucas and others as aforesaid, may ask and receive the toll as above described during the term of sixty years; and if the said Lucas or his associates, if any there be, shall demand and receive a greater or higher toll than is allowed by the first section of this act. he and they shall be subject to the like fines and forfeitures as are provided in case of ferries : Provided, the navigation of said river shall in no wise be obstructed by the erection of said bridge, nor the fording of said river be in any wise injured Provided also, That after the year one thousand eight hundred and thirty-one, it shall be lawful for the general assembly to make such alterations in the rate of tolls established by this act as they may judge proper.

JOHN POLLOCK,

Speaker of the House of Representatives.

THOMAS KIRKER.

Speaker of the Senate.

February 3, 1815.

Legislative Officers Preparing for Removal.

RESOLVED by the general assembly of the state of Ohio, That the doorkeeper of the senate and doorkeeper of the house of representatives shall take charge of and preserve, in good order, the furniture of their respective houses, and have the same in proper order and place for the general assembly on the first Monday of December next. or at any preceding time should the legislature he convened; and that the doorkeeper of each house forward to the secretary of state. all books in possession of their respective houses, the property of the state; and that immediately after the rising of the legislature, the clerks of the respective branches shall make a true inventory of all papers belonging to the state in their possession, and deliver the same properly filed, together with the inventory. to the secretary of state, whose duty it shall be to receive and keep the same, subject to the order of any future legislature.

February 15, 1815.

A Busy Time in the Woods.

As may be surmised, the period between 1812 and 1811 was one of bustle and confusion. and speculation in town lots began even before the lots were "laid off." and the new city was full of life and business, though the most of it was still in a state of nature.



The assurance that if the seat of government, if not permanently fixed at Columbus would remain there until 1840 at least, was a sufficient guarantee to bring prospective buyers and settlers from all parts of the state, and began to turn the streams of immigration from the northern, eastern and southern states Columbus ward, and many of them charmed with the fertile soil of Franklin county purchased farms and settled down beyond the contemplated limits of


22 - CENTENNIAL HISTORY OF COLUMBUS

the city, and their children's children still occupy many of those fertile farmholds. The proprietors themselves were constantly bestirring themselves over against the day of a public sale of city lots.

Mr. William F. Martin, one of the early chroniclers of men and events, wrote entertainingly in 1858 of the doings of some forty years previously and instituted some contemporaneous comparisons for which the present chronicler takes great pleasure in giving him the credit due to a literary predecessor in the morning hours of Columbus history.

On the 19th of February, 1812, at Zanesville, the proprietors. Starling. Johnston, McLaughlin and kerr, signed and acknowledged their articles of association, as partners, under the law for laying out, etc.. the town of Columbus. In this instrument it was stipulated that a common stock was to be created for the benefit of the firm ; that Starling was to put into said stock half section number twenty-five, except ten acres previously ;old to John Brickell; Johnston was to put in half section number nine and half of section number ten; and McLaughlin and Kerr (who had previously been partners and were jointly considered as one or a third party to this agreement) were to put in half section number twenty-six, on which they were to lay out the town, agreeably to their proposals to the legislature, the proceeds of the sales to remain in common stock until they should complete their contract with the state.

An Agent Provided For.

They were to have a common agent, to make sales and superintend their whole business. Each party was to pay into the hands of this agent the s urn of two thousand four hundred dollars annually, on the first Monday of January, for five successive years, and such further sums as might be necessary to complete the public buildings. Each party was to warrant the title to the land by such party respectively put into the stock, and each to receive a mutual benefit in all donations they might obtain on subscription or otherwise. And when they should have completed their contract with the state, and be released from all obligations on account thereof, a final settlement and adjustment of their accounts was to take place and the profits or losses to be equally divided between them.

John Kerr was appointed the first agent for the proprietors, in April, 1812, and continued as such until June, 1815. when he declined serving any longer. and Henry Brown was appointed and continued their agent until the close of their business in the spring of 1817.

The agreement of the proprietors having been faithfully abided by, and their undertaking completed, was finally canceled in April, 1817. when a division of the unsold property, and of obligations for lots sold etc., took place, and each party released the other from all the obligations of their articles of association, and also released and quit-claimed to each other all the remaining parts of their several tracts of land originally put into the common fund that remained unsold.


CENTENNIAL HISTORY OF COLUMBUS - 23

Donations Were Generous.

The amount of the donations obtained on subscriptions is variously stated at from fifteen to twenty thousand dollars. And, pursuant to an agreement with Rev. James Hoge, better known as Dr. Hoge, he deeded to the proprietors eighty acres of land off the south end of half section number eleven, in order to enable them to complete the plat to the size and form desired. Of the lots laid out on this grant the proprietors retained one-half, and deeded the balance back to the doctor. And, pursuant to a similar contract with Thomas Allen, and for the same purpose, he deeded to the proprietors twenty acres out of the southwest part of half section number ten, they deeding back his portion of the lots and retaining the balance as a donation.

Thus the town plat, including out-lots and reserves (which reserves have many years since been laid out into additions of in-lots), covered the whole of half sections number twenty-five and twenty-six, and parts of half sections ten and eleven.

McLaughlin and Kerr's half section (number twenty-six) was the southern part of the original town plat. bounded on the south by South Public Lane (the eastern part of which is sometimes called the Livingston Road), and on the north by a parallel (east and west) line, commencing at the river a little south of state street and crossing High street at the northeast corner of Dr. Goodale's brick block, and crossing Town street at ,in acute angle between Third and Fourth streets, including all between those two lines, from the river to the eastern boundary of the out-lots. Starling's half section (number twenty-five). also extending from the river to the eastern boundary of out-lots, and included all between the north line of McLaughlin and Kerr's half section, above described, and a parallel line from a short distance in front of the penitentiary, due east, crossing High street between Long street and Mulberry alley, and intersecting Broad street at the eastern extremity of the out-lots. Although half section number nine was put into the common fund by Johnston, no part of the town plat was laid out on it. It lies between the penitentiary grounds and Olentangy river. The east half of half section ten, put into the fund by him. and on the south end of which lots were laid out, abuts on the north line of Starling's half section (number twenty-five), from Water street to Center alley, bounded east and west by due north and south lines, cutting the lots obliquely. The part conveyed to the proprietors by :Men also abuts on Starling's north line, immediately west of Johnston's, just described, and the part conveyed to them by Dr. Hoge also abuts on Starling's north line, immediately east of Johnston's land.

The Contract Finally Closed.

The contract being closed between the proprietors and the state,, and all the preliminaries now arranged. in the spring of 1812 the town was laid out.


24 - CENTENNIAL HISTORY OF COLUMBUS

under the direction of Joel Wright, Esq., of Warren county, an agent of the state, appointed for that purpose, and Joseph Vance, of Franklin county, as assistant.

The streets all cross at right angle.: those running northward bear twelve degrees west of north, and consequently those running eastward, twelve degrees north of east. High street is one hundred feet wide; Broad street is one hundred and twenty feet, and all the others eighty-two and a half feet wide; and the alleys generally thirty-three feet in width. The in-lots are .sixty-two and a half feet front and one hundred and eighty-seven and a half feet deep. The out-lots on the east contain about three acres each.



Some time after the laying out of the main town and the eastern out-lots, the proprietors laid out some forty or more out-lots, north of the. town, which are represented on the record by a separate plat. These contain a trifle over two acres each, and from part of these lots they conveyed to the town an acre and a half for a graveyard. The time and terns of :ale being agreed upon. the same was advertised far and near. and in a way calculated to attract bidders from a distance. The following is a copy of the advertisement:

"For Sale" Advertisements.

On the premises, commencing on Thursday, the 18th day of June next, and to continue for three days, in and out-lots in the town of Columbus, established by an act of the legislature as the permanent seat of government for the state of Ohio.

Terms of Sale One-fifth of the purchase money will be required in hand; the residue to be paid in four equal annual installments. Interest will be required on the deferred payments from the day of sale, if they are not punctually made when due. Eight per cent will be discounted for prompt payment on the day of sale. The town of Columbus is situated on an elevated and beautiful site, on the east side of the Scioto river, immediately below the junction of the Whetstone branch, and opposite to Franklinton, the seat of justice for Franklin county, in the center of an extensive tract of rich and fertile country, from whence there is an easy navigation to the Ohio river. Above the town the west branch of the Scioto affords a good navigation for about eighty miles, and the Whetstone branch as far as the town of Worthington. Sandusky bay, the only harbor on the south shore of Lake Erie (except Presque Isle) for vessels of burthen, is situate due north from Columbus and about one hundred miles from it. An excellent road may be made with very little expense from the Lower Sandusky town to the mouth of the Little Scioto, a distance of about sixty miles. This will render the communication from the lakes to the Ohio river through the Scioto very easy by which route an immense trade must, at a day not very distant, be carried on, which will make the country on the Scioto river rich and populous. The proprietors of the town of Columbus will, by every means in their power.


CENTENNIAL HISTORY OF COLUMBUS - 25

encourage industrious mechanics who wish to make a residence in the town.

All such are invited to become purchasers.

JAMES JOHNSTON,

A. MCLAUGHLIN.

LYNE STARLING,

JOHN KERR,

Proprietors

Franklinton, April 13, 1812.

The Day o f Sale Arrives.

Pursuant to this notice, public sale of the lot-, commenced on the 18th of June, 1812, and continued three days. The lots sold were principally on High and Broad streets, and were generally struck off at from two hundred to a thousand dollars each. The only cleared land then on, or contiguous to, the town plat was a small spot on Front, a little north of State street ; another small field and a cabin on the bank of the river, at the western terminus of Rich street; a cabin and garden spot in front of where the penitentiary now stands, occupied by John Brickell; and a small field south of the mound, on the the tract which two years after was laid off by John McGowan, as an addition to the original town plat, and called South Columbus.

Immediately after the sales improvements commenced rapidly, generally small frame houses and shops, enclosed with split clapboards instead of sawed weatherboards, which were not generally attainable. Both proprietors and settlers were too much occupied with their own individual and immediate interests to attend much to the clearing off of the streets and alleys : and for several years the streets remained so much impeded by stumps, logs and brush that teamsters were compelled to make very crooked tracks in winding their way through them. Gradually, however, they were cleared by the inhabitants. for fire wood and building materials, until about the year 1815 or 1816 a sum of about two hundred dollars was raised by subscription and appropriated to the removal of the remaining obstructions from High street. Soon after the town was incorporated and the streets were gradually improved by authority of the town council.

Some of the Original Bidders.

There are now (in 1858) but two men remaining in Columbus who were here at the sale of lots in 1812 and purchased property, and have remained citizens of the place ever since, viz: Messrs. Jacob Hare and Peter Putnam, and each one still owned the lot he purchased at that time, over forty-five years before. Among the first settlers, however, were George McCormick, George B. Harvey, John Shields, Michael Patton, Alexander Patton. William Altman. John Collett, William McElvain, Daniel Kooser, Christian Heyl. Jarvis Pike, Benjamin Pike, George Pike, William Long, Townsend Nichols, and Dr. John M. Edmiston. Dr. Edmiston was the first physician to locate in the new town-Drs. Parsons and Ball practiced in Columbus, but resided in Franklinton. About the year 1815 or 1816 Dr. Parsons removed over to Columbus, where he resided -ever after.


26 - CENTENNIAL HISTORY OF COLUMBUS

Aboriginal and Modern Roads.

As suggested in the beginning of this chapter, the white man's lines of travel, in the beginning of the march of civilization, followed very closely along the lines of the aborigines, who in turn unconsciously absorbed the engineering knowledge of the elk, the red deer and the buffalo. Certain it is that when the white man came to Ohio he found an extensive system of highways on land, as well as upon the waterways, along which travel and traffic ebbed and flowed as seasons changed and pleasure, war or necessity required.

Rev. John Heckmelder, who made a study of this system in the eighteenth century, and not only located but made a complete map of the land lines, which in his day were as clearly defined as are the highways of today. albeit they, as a rule penetrated dense and almost limitless forests. Many of these road beds still exist in Ohio which were known to the pioneers of well-nigh a century and a half ago, still so solidly packed as to resist the steel plough-shares of the farmer where they fall inside an inclosure devoted to agriculture.

Nearly all these land lines, and probably in a majority of cases. were laid along elevations above the bottom lands and always along the line of least resistance, quite clearly establishing the fact that the bison, the ell., deer and other four-footed animals were the original engineers and the road builders for bipeds. Aboriginal man, when he came, preempted the highways of his quadruped predecessors. The white man. following the aborigine. utilized portions of these highways, but shortened up distances by paralleling them, in part, along the bottom lands or lower down the slope, and this general plan was followed throughout the state during the first era of road building.

Better grades and better material have been called into practical operation in these days, but nearly every important highway builded during the century and converging upon Columbus either follows or lies parallel to an ancient line of travel, for two centuries ago-before that time and since that time the point now Columbus was a center of population, barbarian commerce, and travel, from opposite the mouth of the Kanawha to the mouth of the Maumee from southeast to northwest; from the mouth of the Miami to the mouth of the Cuyahoga from southwest to northeast ; from Sandusky bay to the mouth of the Scioto from north to south; and from the mouth of the Captina to the headwaters of the Wabash, where St. Clair was vanquished, from east to west, and all these lines crossing at a common center were at the junction of the Scioto and the Olentangy.

Modern Lines of Travel.

The twentieth century lines of travel and traffic converging here are practically the same as to numbers, but incomparable when it comes to the solution of modern problems of economics, travel and transportation. Instead of seven or eight thoroughfares, including the rivers, radiating to the four


PAGE 27 - PICTURES OF LUCAS SULLIVANT, LYNE STARLING, JOHN KERR

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CENTENNIAL HISTORY OF COLUMBUS - 29

corners of the state, there are now eighteen steam railways reaching out from the center, with direct contact and connections with the trunk lines across the continent, and eight operating and other developing electric lines entering and radiating therefrom, sufficient in motive power and equipment to have removed all the savage population of a century and a half ago, along with their personal belongings and lares and penates, within the Ohio valley to the foot hills of the Apalachian range in twenty-four hours. Hence it may be set down among the verities that while nearly all roads in Ohio led to Columbus in aboriginal days, all (and of course more) roads lead to Columbus in these more progressive days.


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