HISTORICAL


CHAPTER I.


RELATED STATE HISTORY.


The first white men to set foot upon the Northwest Territory were French traders

missionaries under the leadership of La Salle. This was about the year 1670, and subsequent discoveries and explorations in this region by ,the French gave that nation practically undisputed possession of all the territory organized in 1787 as the Northwest territory. It is true that the English colonies of Virginia, Connecticut and Massachusetts claimed that their charters extended their grants westward to the Mississippi river. However, France claimed this territory and successfully maintained possession of it until the close of the French and Indian War in 1763. At that time the treaty of Paris transferred all of the .French claims east of the Mississippi river to England as well' as all claims of France to territory on the mainland of North America. For the next twenty years the Northwest Territory was under the undisputed control of England, but became a part of the United States by the treaty. which terminated the Revolutionary War in 1783. Thus the flags of three nations have floated over the territory now comprehended within the present state of Ohio—the tri-color of France, the union jack of England and the stars and stripes of the United States.


History will record the fact that there was another nation, however, which claimed possession of this territory and, while the Indians can hardly be called a nation, yet they made a gallant fight to retain their hunting grounds. The real owners of this territory struggled against heavy odds to maintain their supremacy and it was not until the battle of Tippecanoe, in the fall of 1811, that the Indians gave up the. unequal struggle. Tecumseh, the Washington of his race, fought fiercely to save this territory for his people, but the white man finally overwhelmed him, and "Lo, the poor Indian" was pushed westward across the Mississippi. The history of the Northwest Territory is full of the bitter fights which the Indian waged in trying to drive the white man out, and the defeat which the Indians inflicted on General St. Clair on November 4, 1792, will go down in the annals of American history as the worst defeat which an American army ever suffered at the hands of the Indians. The greatest battle which has ever been fought in the United. States against the Indians occurred in the state of Ohio. This was the battle of Fallen Timbers, and occurred August 20, 1794, the scene of the battle being within the present county of Defiance. After the close of the Revolutionary War the Indians, urged on by the British, caused the settlers in the Northwest Territory continual trouble and defeated every detachment sent against them previous to their defeat by Gen. Anthony Wayne at the battle of Fallen Timbers in 1794. Although' there was some trouble with the Indians after this time, they never offered serious resistance after this memorable defeat until the fall of 1811, when Gen: William Henry Harrison completely routed them at the battle of Tippecanoe.


TERRITORY NORTHWEST OF THE OHIO (1670-1754).


Ohio was the first state created out of the old Northwest Territory, although Indiana been previously organized as a territory. When. the land comprehended



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34 - MADISON COUNTY, OHIO.


within the Northwest Territory was discovered by the French under La Sane about 1670, it was a battle ground of various Indian tribes, although the Eries, who were located along the shores of Lake Erie, were the only ones with a more or less definite territory. From 1670 to 1763, the close of the French and Indian War, the French were in possession of this territory and estaestablishedir claims in a positive manner by extensive exploration and scattered settlements. The chief centers of French settlement were at Detroit, Vincennes, Kaskaskia, Fort Crevecour and at several missionary stations around the shores of the great lakes. The French did not succeed in doing this without incurring the hostility of the Iroquois Indians, a bitter enmity which was brought about chiefly because the French helped the Shawnees, Wyandots and Miamis drive the Iroquois out of the territory west of the Muskingum river in Ohio.


It must not be forgotten that the English also laid claim to the Northwest Territory, basing their claim on the discoveries of the Cabots and the subsequent charters of Virginia; Massachusetts and Connecticut. These charters extended the limits of these three colonies westward to the Pacific ocean, although, as a Matter of fact, none of the three colOcolocolonieseettlement west of the Alleghanies until after the Revolutionary War. New York sought to strengthen her claim to territory west of the Alleghanies in 1701, by getting from the Iroquois, the bitter enemies of the French, a grant to the territory from which was French and, their Indian allies had previously expelled them. Although this w grant as renewed in 1726 and again confirmed in 1744, it gave New York only a nominal claim and one which was never recognized by the French in any way.


English traders from Pennsylvania and Virginia began in, 1730 to pay more attention to the claims of their country west of the Alleghanies and north of the Ohio river. When their activities reached the ears of the French the governor of French Canada sent Celeron de Beinville up and down the Ohio and the rivers and streams running into it from the north and took formal possession of the territory by planting lead plates at the mouth of every river and stream of any importance. This peculiar method of the French in seeking to establish their claims Occuoccurredthe year 1749 and opened the eyes of England to the necessity of taking some immediate action. George II, the king of England at the time, at once granted a charter for the first Ohio Company (there Were two others by the samesame nameer organized), composed of London merchants and enterprising Virginians, and the company at once proceeded to formulate plans to secure posspossessionthe territory north of the Ohio and west of the Mississippi. Christopher Gist was sent do.wdown Ohio river in 1750 to explore the country as far 'west as the mouth of the Scioto river, and made several treaties with the Indians. Things were now rapidly approaching a crisis and it was soon evident that there would be a struggle of arms between England and France for the disputed region. In 1754 the English started to build a fort at the confluence of the Monongahela and Allegheny rivers, on the site of the present city of Pittsburgh, but before the fort was completed the French appeared on the scene, drove the English away and finished the fort which had been begun.


FRENCH AND INDIAN WAR (1754-63).


The crisis bad finally come. The struggle which followed between the two nations ultimately resulted in the expulsion of the French from the mainland of America as well as..as from immediate territory in dispute. The war is known in America as the French and Indian War and in- the history of the world as the Seven Years' War, the latter designation being due to the fact that it lasted that length of time The struggle developed into a world wide conflict and the two nations of over three continents, America, Europe and Asia. It is not within the province of this resume of the history of Ohio to go into the details of this memorable struggle. It is sufficient for the purpose at hand to state that the, treaty of Paris, which terminated the war in 1763, left France without any of her former possessions on the mainland. of America.


MADISON COUNTY, OHIO - 35


PONTIAC'S CONSPIRACY (1763-64).


With the English in control of America east of the Mississippi .river and the French regime forever ended, the Indians next command the attention of the historian who deals with the Northwest Territory. The French were undoubtedly responsible for stirring up their former Indian allies and Pontiac's conspiracy must be credited to the influence of that nation. This formidable uprising was successfully overthrown by Henry Bouquet, who led an expedition in 1764 into the present state of Ohio and compelled the Wyandots, Delawares and Shawnees to sue for peace.


NORTHWEST TERRITORY AND QUEBEC ACT.


From 1764 to 1774 no events of particular importance occurred within the territory) north of the Ohio river, but in the latter year (June 22, 1774), England, then at the breaking point with the colonies, passed the Quebec act, which attached. this territory to the province of Quebec for administrative- purposes. This intensified the feeling of resentment which the colonies bore against their mother country and is given specific mention in their list of grievances which they enumerated in their Declaration of Independence. The Revolutionary War came on at once and this act, of course, was never put into execution.


REVOLUTIONARY PERIOD (1775-83).


During the War of Independence (1775-1783), the various states with claims to western lands agreed with the Continental Congress to surrender their claims to the national government. In fact, the Articles of Confederation were not signed until all of the states had agreed to do this, and Maryland withheld her assent to the articles until March 1, 1780, on this account. In accordance with this agreement New York ceded her claim to the United States in 1780, Virginia in 1784, Massachusetts in 1785 and Connecticut in 1786, although the latter state excepted a one-hundred-and-twenty-mile strip of three million five hundred thousand acres bordering on Lake Erie. This strip was formally relinquished in 1800, with the understanding that the -United States would guarantee the titles already issued by that state: Virginia was also. allowed a reservation, known as the Virginia Military District,. which lay between the Little Miami and Scioto rivers, the sable being for distribution among her Revolutionary veterans.. There is one other fact which should be mentioned in connection with the territory north of the Ohio in the Revolutionary period. This was the Memorable. conquest of the territory by Gen. George Rogers Clark. During the years 1778 and 1779, this redoubtable leader captured Kaskaskia, Cahokia and Vincennes and thereby drove the English out of the Northwest Territory. It is probable that this notable campaign secured this territory for the Americans and that without it we would not have had it included in our possessions in the treaty which closed the Revolutionary War.


FIRST SURVEYS AND EARLY SETTLERS.


The next period in the history of the territory north of the Ohio begins with the: passage of a congressional act (May 20, 1785), which provided for the present system of laud surveys into townships six miles square. As soon as this was put into operation, settlers—and most Revolutionary soldiers—began to pour into the newly surveyed terri tory. A second Ohio Company was organized in the spring of 1786, made up chiefly of Revolutionary officers and soldiers from New England, and this company proposed to, establish a state somewhere between Lake Erie and the Ohio river. At this juncture Congress realized that definite steps should be made at once for some kind of government\ over this extensive territory, a territory which now includes the present states of Ohio, . Indiana, Illinois, Michigan, Wisconsin and about a third of Minnesota. Various plans were proposed in Congress and most of the session' of 1786 and the first half of 1787 were


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consumed in trying to formulate a suitable form of government for the extensive territory. The result of all these deliberations resulted in the famous Ordinance of 1787, which was finally passed on July 13, 1787.


ORDINANCE OF 1787.


There have been many volumes written about this instrument of government and to this day there is a difference of opinion as to who was its author. The present article can do no more than merely sketch its outline and set forth the main provisions. It was intended to provide only a temporary government and to serve until such a time as the population of the territory would warrant the creation of states with the same rights and privileges which the thirteen original states enjoyed. It stipulated that not less than three nor more than five states should ever be created out of the whole territory and the maximum number was finally organized, although it was not until 1848 that the last state. Wisconsin, was admitted to the Union. The third article, "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged," has given these five states the basis for their excellent system of public schools, state normals, colleges and universities. Probably the most widely discussed article was the sixth, which provided that slavery and involuntary servitude should never be permitted within the territory and by the use of the wore "forever" made the territory free for all time. It is interesting to note in this connection that both Indiana and Illinois before their admission to the Union sought to have this provision set aside, but every petition from the two states was refused by Congress in accordance with the- provision of the Ordinance.


FIRST STAGE OF GOVERNMENT UNDER THE ORDINANCE.


The ordinance contemplated two grades of territorial government. During the operation of the first grade of government the governor, his secretary and the three judges provided by the ordinance were to be appointed by Congress and the governor in turn was to appoint "such magistrates and other civil officers in each county and township as he shall deem necessary for the preservation of the peace and good will of the same." After the federal government was organized a statutory provision took the appointment of these officers out of the hands of Congress and placed it in the hands of the President of the United States. All executive authority was given to the governor, all judicial authority to the three judges, while the governor and judges, in joint session. constituted the legislative body. This means that during the first stage of territorial government the people had absolutely no voice in the affairs of government and this state of affairs lasted until 1799, a period of twelve years.


SECOND STAGE OF GOVERNMENT UNDER THE ORDINANCE.


The second stage of government in the territory was to begin whenever the governor was satisfied that there were at least five thousand free male inhabitants of the age of twenty-one and above. The Main difference between the first and second stages of territorial government lay in the fact that the legislative functions were taken from the governor and judges and given to a "general assembly or legislature." The ordinance provided for the election of one representative for each five hundred free male inhabitants, the tenure of the office to be two years. While the members of the lower house were to be elected by the qualified voters of the territory, the upper house to consist of five members, were to be appointed by Congress in a somewhat complicated manner. The house of representatives were to select ten men and these ten names were to be sent to Congress and out of this number five were to be selected by Congress. This provision. like the appointment of the governor, was later changed so as to make the upper house


MADISON COUNTY; OHIO - 37


the appointees of the President of the United .States. The five men so selected were called councilors and held office for five years.


ORGANIZATION OF THE NORTHWEST TERRITORY.


The first governor, of the newly organized territory was Gen. Arthur St. Clair, a gallant soldier of the Revolution, who was appointed on October 5, 1787, and ordered to report for duty on the first of the following February. He held the office until November 22, 11802. when he was dismissed by. President Jefferson "for the disorganizing spirit, and tendency of every example, violating the rules f conduct enjoined by his public station, as displayed in his address to the convention." The governor's duties were performed by his secretary, Charles W. Byrd, until March 1, 1803, when the state officials took their office. The first judges appointed were Samuel, Holden Parsons, James Mitchell Varmint and John Armstrong. Before the time came for the judges to qualify, Armstrong resigned and John Cleves Symmes was appointed in his place. The first secretary was Winthrop Sargent, who held the position until he was appointed governor f Mississippi Territory by the President on May 2, 1798. Sargent was succeeded by William Henry Harrison, who was appointed by the President on June 26, 1798, and confirmed by the Senate two days later. Harrison was later elected as the first delegate of the organized Northwest Territory to Congress and the. President then appointed Charles Willing Byrd as secretary f the Territory, Byrd's appointment being confirmed by the Senate on December 31, 1790.


REPRESENTATIVE STAGE OF GOVERNMENT (1799-1803) .


The Northwest Territory remained :under the government of the first stage until September 16, 1799, when formally advanced to the second or representative stage. In the summer of 1798 Governor St. Clair had ascertained that the territory had a population of at least five thousand free male inhabitants and, in accordance with the provisions of the Ordinance f 1787, was ready to make the change in its form f government. On October 29, 1798, the governor issued a proclamation to the qualified voters f the territory directing them to choose members for the lower house f the Territorial Legislature at an election to be held on the third Monday of the following December. The twenty-two members so elected met on January 16. 1799, and, pursuant to the provisions of the ordinance, selected the ten men from whom the President f the United States later chose five for the Legislative Council. They then adjourned to meet on September 16, 1799, but since there was not a quorum on that clay they held adjourned sessions until the 23rd, at which time a quorum was present.


At the time the change in the form of government went into effect there were only nine counties in the whole territory. These counties had been organized either by the governor or his secretary. The following table gives the nine counties organized before 1799, with the dates of their organization and the number of legislators proportioned to each by the governor:



County

Date or

organization

Number of

representatives

Washington

Hamilton

St. Clair

Knox

Randolph

Wayne

Hamilton

Jefferson

Ross

July 27, 1788

January 4, 1790

April 27, 179)

June 20, 1790

October 5, 1795

August 6, 1796

July 10, 1797

July 29, 1797

August 20, 1798

2

7

1

1

1

3

2

1

4





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Clair, or his secretary, from when Washington county was organized, up to 1803, when the state was admitted to the Union, are ten in number : Washington, Hamilton, Wayne, Adams, Jefferson, Ross, Trumbull, Clermont, Fairfield and Belmont. The dates f the creation of the first six have already been given. Trumbull county was organized on July 10, 1800 ; Clermont and Fairfield, December 9, 1800 ; Belmont, September 7, 1801. Between the years 1803 and 1810, when Fayette county was organized, there were no less than twenty-four counties organized within the state of Ohio. The first session of the General Assembly of the state organized eight counties, as follow : Franklin, Gallia, Greene; Scioto, Warren, Butler, Montgomery and Columbiana. Muskingum started its independent. existence on the first day of March, 1804. In 1805 there were four counties created, Champaign, Athens, Geauga and Highland. The session of 1807 added four moreto the rapidly growing state, Miami, Ashtabula, Cayuhoga and Portage. The following year saw six new counties opened for entry, Delaware, Stark, Tuscarawas, Prairie, Knox and Licking. One county, Huron, was created in 1809. The five counties organized in 1810 included Fayette, Pickaway, Guernsey, Clinton and Madison. This makes a total of thirty-nine counties up to and including the year 1810. In this year, Cincinnati, the largest city of the state, boasted of a population f two thousand three hundred and twenty.


INDIAN WARS (1787-1803).


The period from 1787 to 1803 in the Northwest Territory was marked by several bitter conflicts with the Indians. Just as at the close of the French and Indian War had the French stirred up the Indians Against the Americans, so at the close of the Revolutionary War did the English do the same thing. This inciting of the Indians by the British was one of the causes of the War of 1812, a struggle which has very appropriately been called the second War of Independence. The various uprisings of the Indians up to 1794 retarded the influx of settlers and was a constant menace to those who did venture into the territory. Three distinct campaigns were waged against the Indians during this period before they were finally subdued. The first campaign was under the command of Gen. Josiah Harmar, 1790, and resulted in a decisive defeat for the whites. The second expedition was under the leadership of Gen. Arthur St. Clair, the governor of the territory, and was marked by one of the worst defeats ever suffered by an American army at the hands of the Indians. A lack of knowledge of Indian methods of warfare, combined with reckless mismanagement, sufficiently accounts for both disasters. It remained for Gen. Anthony Wayne, the "Mad Anthony," of Revolutionary fame, to bring the Indians to terms. The battle which closed his campaign against the Indians is known as the battle of. Fallen Timbers, and was fought on August 20, 1794. The scene f the battle lies along the Maumee river, within the limits f the present county f Defiance. This crushing defeat of the Indians, a rout in which they had lost twelve out of thirteen chiefs, was so complete that the Indians were glad to sue for peace. On June 10, 1795, delegates from the various Indian tribes, headed by their chiefs, met at Greenville, Ohio, tot formulate a treaty. The. United States government appointed General Wayne as commissioner plenipotentiary to draft the treaty and; after nearly two months of bickering, a treaty was drawn up on August 3, 1795. It was signed by General Wayne on behalf f the United States and by ninety chiefs and the delegates of twelve interested tribes. The treaty .was faithfully kept by the Indians and ever afterwards Little Turtle, the. real leader f the Indians, was a true friend f the whites. It may be said that this battle f Fallen Timbers was the most important battle fought in America between the close of the War for Independence and the battle of Tippecanoe in the fall of 1511. TO Gen. Anthony Wayne will remain the honor of opening the way for permanent settlement of the Northwest Territory.


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THE FORMATION OF A NEW STATE.


The three years intervening between the creation f Indiana Territory (Mai, 7, 1800), and the admission o Ohio to the Union (March 1, 1803), were marked by an acrimonious struggle, during which Governor St. Clair was constantly growing in disfavor with his Legislature and the great mass of the people of the territory. The Legislature wanted a state formed as soon as possible, and succeeded in getting Congress to pass an act, April 30, 1802, authorizing the calling of a constitutional convention. This act established the limits of the proposed new state, as follow : "That part of the Northwest Territory bounded east by Pennsylvania, south by the Ohio river, vest by a line drawn from the mouth of the Big Miami river due north to an east and west line passing through the south extremity of Lake Michigan, and by this Jibe and the Canada line through Lake Erie to the west line of Pennsylvania." Since these boundaries omitted the eastern half of the present state of Michigan, which had been left a part of the Northwest Territory by the division of May 7, 1800, it was denounced as a fraud by the Federalists in the omitted territory. However, it is very plain that Congress carried out the intent of the Ordinance f 1787 by their act, and the charge of political trickery fails of substantiation in the, light of the specific provisions therein set forth regarding the creation of states out of the Northwest Territory. The enabling act provided for an election of delegates to the constitutional Convention to be held in September, of the same year (1802), the delegates to meet at Chillicothe on the first Monday of the following November. The thirty-five delegates met at the appointed time and by a vote of thirty-four to. one, the negative vote being cast by Ephraim Cutler, decided to proceed at once to the organization f a state government and the formation of a constitution. The convention was in session until November 29th, at which time it had completed the first constitution for the state and the one which lasted until 1851, when a second constitution was adopted.


WHEN WAS OHIO ADMITTED TO THE UNION?


It is interesting to note the difficulty which Ohio historians have had in trying to fix upon the date which marks the formal admission of the state to the Union.


The natal day of Ohio has given rise to more dispute than the natal day of any other state in the Union. This is undoubtedly due to the fact that Congress never passed an act formerly admitting it to the Union. There have been no less than five dates assigned by as many different authorities, and each group of historians substantiate their claim by the citation of facts. These five dates are. as follow : April 30, 1802; November 29, 1802; February 19, 1803; March 1, 1803; March 3, 1803.


The first date (April 30, 1802), has for its chief sponsor the editor of the "United States Statutes at Large." This date is not tenable at all, since the territorial judges were in office. for several months :after this date and were, by. congressional act of February 21. 1801, paid their full salaries up to March 1, 1803. The second date (November 29, 1802), is advanced by Hickey, in his volume, "The Constitution," on the ground that the constitution was adopted on that day. The third date (February 1.9, 1803), has beep held by several good authorities, notably, Caleb Atwater, in his "Political Manual :" G. W. Pascal, in his "Annotated Constitution," and. the late president of Marietta College, I. W. Andrews. It. was upon this date that Congress passed an act to provide for the due execution of the laws of the United States within the state of Ohio." This would seem to indicate that Congress recognized February 19, 1803, as the date of the admission of Ohio to the Union, but when it is recalled that Congress had not yet appointed the necessary judicial officers it must be concluded that this is not the proper date. The fourth date (March 1, 1803), is now recognized officially as the actual day on which Ohio formally entered the Union, although it was an act of Congress


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cities and the regulation of the liquor traffic. In November, 1915, woman's suffrage and prohibition were again defeated, by a popular rejection f constitutional amendments.


MILITARY RECORD.


The state of Ohio has had its citizens in four wars in which the United States has engaged since 1803 : the War of 1812; the Mexican War, the Civil War and the Spanish-American War. It is very unfortunate that the public records of Ohio contain no list of the soldiers of the state who fought in the War of 1812, although large numbers of the citizens served in the field under various commanders. The records as regards the Mexican War are fairly complete and show that a total of 5,536 men were sent to the front by the state. When the call was first issued for troops; Ohio was called upon to furnish three thousand men, and Within a short time forty companies reported at Camp Washington, near Cincinnati. Thirty companies were formed into three regiments, commanded by Cols. Alexander M. Mitchell, George W. Morgan and Samuel H. Curtis. These troops were sent down the Ohio in July, 1846, and joined General Taylor on the Rio Grande. In 1847 additional troops were sent from Ohio, but none of them saw any active service. The regiment under the command of Mitchell was the only one to take part in a battle, and it distinguished itself in the storming of Monterey. The state of Ohio suffered a severe loss in the death of Brig.-Gen. Thomas L. Hammer, one of the most prominent men of the state at that time. He was a member of Congress at the time of the opening of the war, but left Congress, enlisted as a private and soon after received a commission as brigadier-general. He was in the operations around Monterey. and shortly afterward was stricken with a fatal disease and died on February 30, 1846.


The part which Ohio played in the Civil War can be only briefly noticed in this resume f the history of the state. That Ohio did her full duty as a loyal member of the Union is a fact which is known to everyone. Within twenty-four hours from the time the President issued his first call for troops on April 16. 1860, the Legislature had passed a bill appropriating one million dollars for military purposes. Two days later (April 19th) two regiments of Ohio troops left by rail for Washington. The ease and quickness with which this was accomplished is an indication f the intense loyalty f the state. It is a glowing tribute to the state of Ohio that although there were only thirteen regiments assigned to the state under the first call, enough men presented themselves to 'make more than seventy regiments. This outburst f loyalty was such that the Legislature authorized the governor to accept ten more regiments, and the state itself, equipped and paid. these additional men and enrolled them for the defense of the state. By October 1, 1862, the state had enrolled militia to the number f 425,147 and the state sent out for duty outside of its own limits 319,659 men, although their quota was only 306,322. This gives the state the honor of furnishing more than one-tenth of the total enlistment of men in the Northern army. In number of troops furnished Ohio was third among all the states and in losses was second. The soldiers were a part of every army, participating, in every campaign, fought in every important battle from Bull Run to Bentonville, from Sabine Cross Roads to Gettysburg. No less than forty-three Ohio regiments of infantry were present at the sanguinary engagement at Missionary Ridge; and they were in like proportion at the other battles. Twelve thousand brave Ohio men were killed or mortally wounded and at least forty thousand received wounds of some kind. Thirteen thousand died of disease in the service and twenty thousand were discharged for disability arising from' wounds or disease: These figures give some idea of the prominent part which the soldiers of Ohio played in the great struggle.


It is pertinent to say something of the activity of the anti-war party. in the state during the time the struggle was going on. In the summer of 1863 the Democrats of the


MADISON COUNTY. OHIO - 45


state nominated Vallandigham for governor, a. man who was very outspoken in his denunciation of the war, but john. Brough, a stanch Union man, had difficulty defeating him for the governorship. The part which Vallandigham subsequently played in the history of this state is sufficient proof that it was for the best interests of the state that he was defeated.


The Spanish-American War of 1898 has been the last one in which troops from Ohio have taken any part. Following the call of President McKinley for seventy-five thousand volunteers. Ohio had no difficulty in-filling their quota.. This war opened offi-cially on April 25th and formally came to an end by the signing of a protocol on August 12th. The battles of Manila Bay, Santiago, El Caney and San Juan Hill were the only engagements of importance. According to the treaty of Paris, which was signed on December 12, 1898, Spain relinquished her sovereignty over Cuba, ceded to the United States Porto Rico and her other West Indian possessions and the Island f. Guam, and transferred her rights in the Philippines for a SUM. of twenty, million dollars paid to her for public works and improvements which belonged to the Spanish government.


THE LAND GRANTS OF OHIO


 was the first state organized out of the territory north f the Ohio river and east of the Mississippi river and was divided' into several grants, reservations and military districts of one kind or another. These various divisions have led to an endless amount of confusion in the surveying of lands in the state and in many cases expensive litigation. A brief summary of each one of these divisions is here presented.


THE OHIO LAND COMPANY PURCHASE.


This company was organized March 3, 1786, at Boston and on October 27, 1787, bought from the government 1,500,000 acres of land and received, outside f the portions reserved by Congress, 1,064,285 acres. Congress set aside the sixteenth section of each township for school purposes, the twenty-ninth section. for religious purposes and the eighth. eleventh and twenty-sixth for such purposes as Congress might determine in the future. This tract included what was known as the "Donation Tract" of 100,000 acres, the same now being the northern part of Washington county. For this immense tract the Ohio Company paid the government sixty-six and two-thirds cents an acre.


THE FRENCH GRANT.


The secretary of the United Board f Treasury; William Duel., was instrumental in helping the Ohio Company to secure from Congress. the option on .3,000,000 acres lying west and north. of the original purchase of this company. The title to this tract remained, in the government and out of this peculiar arrangement arose the Scioto Company, Which was organized in France. Hundreds f deluded Frenchmen invested their money in this tract and received cloudy titles which caused no little trouble in later years. A large number of these French settlers landed on the banks of the Ohio on October 20, 1790, on the site of the present city of Gallipolis, which they founded and named. The Scioto Company was incompetently managed, became insolvent and the land. on which the unfortunate Frenchmen had settled reverted to the United States government. While. the most of them remained, there were many of them who went on farther west and. located where other French settlers had previously established themselves. The United States treated the remaining French settlers in a very generous manlier and by the act of March 3, 1795, granted them 24,000 acres on the Ohio river within the present limits of Sciotio county.


THE SYMMES PURCHASE.


In 1788 John Cleves Symmes and other men, of New Jersey organized the :Miami Company and bought from the United States 1,000,000 acres, for Which the company


46 - MADISON COUNTY, OHIO


agreed to pay sixty-six cents an acre. As in the case of the purchase of the Ohio Company, the government made reservations of school and church sections; as well as three additional sections for general purposes. The Miami Company later found out that they had contracted for more than they could pay and the records show that they received and paid for only 311,682 acres in the southern part of the tract. It .is interesting to note that the present site of Cincinnati was sold by the company to one Mathdias Denman for the sum of five hundred dollars. The city of Cincinnati was founded the following year and the Monument in that city on Third street, between Broadway and Ludlow streets, marks the location of Fort Washington, which was erected to protect the infant city from the Indians.


CONNECTICUT RESERVE.


In the year 1786 the state of Connecticut relinquished all her claims to lands in the Northwest Territory with the exception of a strip of 3,500,000 acres bordering Lake Erie. This immense tract became an integral part of Ohio as the result of two separate acts on the part of Connecticut. The state granted 500,000 acres in the western part of the reserve in 1792 to those citizens of Connecticut whose homes had been burned by the British during the Revolutionary War. The towns of Norwalk, Greenwich, Fairfield, New Haven and New London furnished the greater part of the eighteen hundred who took advantage of the generous offer of their state. The land was surveyed into townships of five miles square and divided among the settlers in proportion to their losses. In 1795 the Connecticut Land Company purchased the rest of the reserve, amounting to 3,000,000 acres, and on April 28; 1800, the United States government passed an act which paved the way for the final absorption f the tract by the state of Ohio. In. May, 1800, the Connecticut Legislature accepted the offer f the United States and formally renounced all claims to the territory in favor of the state of Ohio.


THE VIRGINIA MILITARY DISTRICT.


The reservation was retained by Virginia when the state relinquished her claim to Congress in 1784, being retained by the state for the use of the Revolutionary soldiers who had enlisted from Virginia. It comprised the territory between the Little Miami and Scioto rivers, but was not to be sold unless the lands claimed by Virginia south of the Ohio river proved insufficient to pay all" of the bounties promised by Virginia to her soldiers. By the year 1790 it was seen that Virginia would not have enough territory south of the Ohio to satisfy all of her needs and accordingly, in August of that year, Congress passed an act allowing the state to use the optional territory north of the Ohio river. Owing to the fact that the territory was not surveyed according to any definite plan, the various allotments assigned to the Virginia soldiers frequently overlapped and in many instances confusion. and litigation resulted.


THE UNITED STATES- MILITARY LANDS.


The Continental Congress during the Revolutionary War offered bounties of Western lands in order to increase enlistments, and soldiers so secured were given land warrants which they later presented to Congress and exchanged for land. On June 1, 1796, Congress passed an act which called upon the surveyor-general f the United States to locate a tract in the Northwest Territory for the purpose of enabling the government to have land to take up the land warrants which it had issued during the late war.. The limits of this particular tract began "at the northwest corner of the Seven Ranges, thence south fifty miles, thence wes to the Scioto river and along that river to the Greenville treaty line, thence along that line and east f the place of beginning." These lands were surveyed into townships five miles square and each owner received a patent. for his land signed by the President of the United States.


MADISON COUNTY, OHIO - 47


THE REFUGEE TRACT


This tract was set aside by the Continental Congress in April, 1783, for the benefit of such people as left Canada and Nova Scotia to help the American colonies in their fight against England during the Revolution: The subsequent congressional at of 1798 confirmed the act of the Continental Congress, and on February 18, 1801, Congress definitely selected "those fractional townships of the sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first and twenty-second ranges of townships joining the southern boundary line of the military lands." This tract of four and a half miles in width and extending forty-two miles east of the Scioto river, contained more than twice as much as was needed. to satisfy the claims of the refugees. The part unclaimed by those for whom it was set aside was attached to the Chillicothe land district and sold as Congress lauds. It so happened that the future capital of the state, Columbus, is in the extreme western side of this tract.


CONGRESS LANDS.


Some of the tracts f land already described were Congress lands, Viz., the French Grunt, the Seven Ranges and the Refugee Tract. Congress retained and sold all lands not specifically relinquished to land companies and established land offices for .the purpose at different times at Marietta, Cincinnati, Steubenville, Chillicothe, Zanesville, Canton. Wooster, Piqua, Delaware, Wapakoneta, Lima and Upper Sandusky.


THE MORAVIAN GRANT.


The congressional grant to the Ohio Company in 1787 reserved ten thousand acres in what is now Tuscarawas county for the use f the Moravians and Christian Indians who had previously settled there, the title being vested in the Moravian Brethren at Bethlehem, Pennsylvania. A few years later two thousand acres were added to the original grant and in 1823 the territory reverted to the United States, with the exception of the cemeteries, churchyards and a few special leases.


DOHRMAN' S GRANT.


Congress granted all of township 13, range 7, in Tuscarawas county, to one Henry Dohrman, a Portuguese citizen, who rendered valuable services to the colonies during the Revolutionary War.


THE MAUMEE ROAD LANDS.


In 1823 Congress granted to the state of Ohio about sixty thousand acres for the purpose of constructing a road from the lower rapids of the Maumee river to the Western limits of the Western Reserve of Connecticut.


THE TURNPIKE LANDS.


In 1827 Congress granted to the state of Ohio forty-nine sections of land in Seneca, Crawford and Marion counties, for the construction of a road from Columbus to. Sandusky.


CANAL GRANT.


Between 1825 and 1845 Congress at different times made special grants of land to ilia stale of Ohio for canal purposes, and a total of about one million acres were thus secured by the state. By the year 1842 the state had completed six hundred and fifty-eight miles of canals, at the staggering cost to the state of $14,688,666.97, although before they were all completed the railroads were in operation in the state.


SALT SECTIONS.


In the early history f the Northwest Territory salt was a commodity hard to secure and necessarily high in price. Congress reserved every place where it was thought salt


48 - MADISON COUNTY, OHIO.


could be obtained, and in this way helped the settlers to get salt at least expense. In Ohio an entire township within the present county of Jackson was reserved, as well as about four thousand acres in Delaware county. In 1824 Congress relinquished its claim in favor of Ohio.


THE ZANE SECTIONS.


Ebenezer Zane, one of the most prominent of the men in the early history of the state, was granted three sections by Congress in 1796 in return for his services in opening a road from Wheeling to Maysville. These three sections were located in Zanesville. Chillicothe and Lancaster. Isaac Zane was granted three sections in Champaign county by Congress for valuable service to the colonies during the Revolution. Isaac Zane had been captured by the Indians when a small boy and spent the major portion of his life with them, and his influence with the Indians was such that he proved to be f great assistance to the colonies in handling them.


THE MINISTERIAL LANDS.


These lands have been previously mentioned and were reserved only in two grants, those of the Ohio Land Company and the Symmes Purchase. The grants to both set aside section twenty-nine of each township for religious purposes.


SCHOOL SECTIONS.


Provisions for public schools were made in all states created by the United States after the adoption of the,constitution. The Ordinance 1, 1787 had made specific mention of the value of schools. and a wise Congress set aside section sixteen of every township, which was surveyed into townships six miles square. The United States military lands, were surveyed into townships, five miles square, but Congress reserved one thirty-sixth: of the whole area for school purposes. There are no reservations in the Connecticut: Reserve and Virginia Military District for school purposes, but Congress made up fore this by setting aside an amount equivalent to one thirty-sixth of the area in each tract from other lands belonging to the -United States. As a matter of fact, one thirty-sixth. of the whole state was reserved for school purposes as well as. three townships for universities.


OHIO POLITICS.


The politics of Ohio presents many interesting features, but this brief summary can do little more than indicate the more important landmarks in the political history of the state. The first governor of the Northwest Territory, Arthur St. Clair, was an ardent Federalist and undoubtedly his pronounced political views had something to do with his removal from the office on November 22, 1802. From that time until 1836 the Democratic party, or the Republican or Democratic-Republican, as it was at first called, controlled the state, and it was not until William Henry Harrison, a "favorite son," became a candidate for the Presidency, that the Whigs were able to break the strength of the Democratic party of the state. In 1836, 1840 and 1844 the Whigs carried the state for the President. The panic of 1837, the popularity of Harrison and the Texas question were largely determining factors in the success f the Whigs. The Democrats regained sufficient power in 1848 to carry the state again, and repeated their victory in 1.852. In 1856. John C. Fremont carried the state for the newly-organized Republican party and since that year there has been only one Democratic electoral vote. in the state of Ohio. In 1.892 Grover Cleveland received one of Ohio's twenty-three electoral votes, but with this exception the state has cast a solid Republican vote for President every year since 1.856. Ohio has furnished.. five Presidents. f the United States: William Henry Harrison, Rutherford B. Hayes, James A. Garfield, William McKinley and William H. Taft.


MADISON COUNTY, OHIO - 49


While the state has been registering Republican votes for the President, it has had eight Democratic governors, and has frequently elected them by large majorities. A complete list f the governors of the state, with the years of their tenure and their politics, is given at this point for reference :



Governor

Tenure.

Politics

Edward Tiffin

Thomas Kirker (acting)

Samuel Huntington

Return Jonathan Meigs

Othniel Looker (acting)

Thomas Worthington

Ethan Allen Brown

Allen Trimble (acting)

Jeremiah Morrow

Allen Trimble

Duncan McArthur

Robert Lucas

Joseph Vance

Wilson Shannon

Thomas Corwin

Wilson Shannon

Thomas W. Bartley (acting)

Mordecai Bartley

William Bebb

Seabury Ford

Reuben Wood

William Malin (acting 1853)

Salmon P. Chase

William Dennison, Jr.

David Tod

John Brough

Charles Anderson (acting)

Jacob D. Cox

Rutherford B. Hayes

Edward F. Noyes

William Allen

Rutherford B. Hayes

Thomas L. Young

Richard M. Bishop

Charles Foster

George Hoadley

Joseph Benson Foraker

James E. Campbell

William McKinley

Asa S. Bushnell

George K. Nash

Myron T. Herrick

John M. Patterson (died in office)

Andrew Litner Harris

Judson Harmon

James M. Cox

Prank B. Willis

1803-07

1807-09

1809-11

1811-14

1814-15

1815-19

1819-22

1822-23

1823-27

1827-31

1831-33

1833-37

1837-39

1839-41

1841-43

1843-44

1844-45

1845-47

1847-49

1849-51

1851-53

1853-56

1856-60

1860-62

1869-64

1864-65

1865-66

1866-68

1868-79

1872-74

1874-76

1876-77

1877-78

1878-80

1880-84

1884-86

1886-90

1890-92

1892-96

1896-00

1900-04

1904-06

1906-

1906-09

1909-13

1913-15

1915-

Democratic-Rep.

Democratic-Rep.

Democratic-Rep.

Democratic-Rep.

Democratic-Rep.

Democratic-Rep.

Democratic-Rep.

Democratic-Rep.

Democrat

Democrat

National Republican

Democrat

Whig

Democrat

Whig

Democrat

Democrat

Whig

Whig

Whig

Democrat

Democrat

Republican

Republican

Republican

Republican

Republican

Republican

Republican

Republican

Democrat

Republican

Republican

Democrat

Republican

Democrat

Republican

Democrat

Republican

Republican

Republican

Republican

Democrat

Republican

Democrat

Democrat

Republican



(4)


52 - MADISON COUNTY, OHIO.


run, Crooked run, Coniac run, Prices run, Walnut run, Opossum run, Sugar run, Bradfords fork, Thompsons fork, Mud run, Willow Spring branch, East, West and North forks f Paint creek and Duffs fork. In the southwestern corner of the county the south branch of Massie's creek, a tributary of the Little Miami, assists the drainage in that direction, but as nearly all these tributaries are local, the reader is referred to the histories of the different townships, where a fuller description f them will be found.


GEOLOGICAL SURVEY.


In 1878, Prof. Edward Orton, assistant state geologist, made a geological survey of Madison county, and in that article gives the following description of its topography. He says: "Its surface is comparatively level. Its lowest land is found in the southeastern corner, near Mount Sterling, in the valley of Deer creek. Its highest land lies to the west and northwest of London, and is about 1,100 feet above the level of the sea. The range f the county does not probably exceed 3Q0 feet. The altitude f a few of the principal points in the county are subjoined: London, 1,010 feet above tidewater; West Jefferson, 880 feet; Mount Sterling, 865 feet ; Midway, 950 feet; county infirmary, 1.100 feet ; county line on Xenia pike, west of London, 1,100 feet, and Ohlinger's hill, west of Summerford, 1,100 feet above the water. Of these altitudes, all but the first were obtained by the barometer, and must be taken as approximations only. They suffice to show, however, the very great degree of uniformity that prevails in the surface f the county. A very large part of its area lies at altitudes varying between 950 feet and 1,050 feet above the sea. Notwithstanding this uniformity of level, there is but very little swamp land in Madison county. The slopes, though very gradual, are so distributed that the water always finds the way to go. Between those sources of Little Darby creek that lie within the county and the point where the creek crosses the county line, there is a fall of scarcely less than two hundred feet. The distance is about fifteen miles and the average descent is between thirteen and fourteen feet to the mile. Deer creek descends from its headsprings near Summerford, three hundred feet, in its diagonal course of twenty miles across the county—an average fall of fifteen feet to the mile. The surface of the county, however, has been greatly relieved by drains and ditches and is susceptible of almost indefinite improvement by such agencies. None of the streams have deep valleys but the surface lies in gentle undulations between the channels of contiguous watercourses. In the northeastern corner of the county the low summit that divides the waters of Little Darby from that of Big Darby extends in the broad and productive tract known as the Darby Plains, one of the most famous grazing districts of the state."


DESTRUCTIVE PRAIRIE FIRES.


It is a well-authenticated fact that a great portion of Madison county was originally covered with water most of the year. The first settlers called these lands "barrens" and looked upon them as utterly unfit for farming purposes. The pioneers located upon the streams, where the lands were elevated and dry, and the best of timber grew in abundance. Land speculators cared little for the prairie lands; therefore all the first warrants were laid upon the territory adjacent to the streams. The prairies consisted of level stretches of country covered with sedge-grass, and dotted here and there with patches of scrubby bur-oak growing upon the highest points of land. The sedge-grass grew to an enormous height, sometimes sufficient to hide. man and horse when traveling through it; but it proved a blessing to the first settlers, being very nutritious food for stock, which had extensive ranges where now stand some of the finest producing farms in Madison county. The pioneers would cut this grass in June and July, and upon it the stock were fed throughout the winter months. Nearly every autumn prairie fires swept over the country, destroying everything in their path, endangering the lives and


MADISON COUNTY, OHIO - 53


property of the pioneers, as Well as the existence of the denizens of the forest that fled before the devouring elements to places of safety; but with the gradual settlement of the country these fires grew less frequent, until at last they became a thing of the past. We have been told that the timber on the east bank of the streams was always the largest. as these fires generally ran from west to east, and, being checked by the intervening waterways, the trees on the east bank were generally spared the withering destruction that befell those upon the opposite side of the stream. The growth of the bur-oak on the prairies was impeded by these periodical fires, and the greater amount of the present timber of Madison county has grown up since the first settlement of the country. There was then little or no spice-brush growing on the fiat prairie lands. as the seed scattered by the wind and carried by the birds was destroyed by the fires ere it took root in the soil. Dr. Converse says: "It was majestically grand to see these prairies on fire, fifty years ago. The blaze of the burning grass seemed to reach the very clouds; or, when driven by a fierce wind. would leap forty or fifty -feet in advance of the base of the fire. Then add to all this a line f devouring element three miles in length, mounting upward and leaping madly forward with lapping tongue, as if it were trying to devour the very earth. and you have a faint idea f some f the scenes that were witnessed by the early settlers of this country. In order to save the dwellings, fences, hay stacks and other property from these devastating raids, it was necessary to resort to what was called 'back firing,’ which was done by selecting a still day. or evening, and burning a strip of grass twenty or thirty feet wide around the entire premises."


LUXURIANT FLORA OF OTHER DAYS.


The same writer, in speaking of the physical appearance of the county during the pioneer times, says: "This whole country was a sea of wild grass and flowering herbs. Upon the lower portions of the prairies grew a kind of grass that came up in single stalks, very thick on the ground, with a large. round straw, very tough, long, broad blades. and on top a head somewhat resembling barley. This species grew from six to eight feet in height, but was of no value for grazing purposes, except when it first came up in the spring. There were two other varieties that grew upon the more elevated portions of the prairie, the `limber-will' and 'sedge-grass.' The former of these came up in single stalks, very thick on the ground, with long, drooping blades and slightly sickle-edged. The latter variety grew in bunches, or tufts, very compact, with fine blades, and center stalks very tall, smooth and round, like rye. These latter varieties were very nutritious, not only in a green state, but equally so when cut and made into hay. There were some other varieties, but not of sufficient importance to attract attention. It would be almost impossible to give a full and accurate description of the flowering portion of its vegetation. but I will allude to a few, among which was the 'prairie dock,' with large. brittle roots, long, broad leaves. and every alternate year large center stalks. It grew to a height of six or eight feet, and very branching near the top, upon each of which was a beautiful yellow blossom. When the stalks were cut near the ground, or the leaves punctured. a thick, gummy exudation took place. which soon became semi-solid, and was gathered by the young people for 'chewing gum,' it being far superior to the manufactured article of the present day. The wild sunflower was a kind of weed that grew with large, strong stalks, very high, with numerous branches, having a yellow blossom on each about three inches in diameter, and drooping like the cultivated species. All of the ponds were surrounded with the wild 'blue flag,' and on the top of each center stalk was a large blue blossom, very pretty in appearance, but its odor was of an offensive and sickening character. There were many other varieties that grew upon the prairies besides those that were found skirting, and in the oak-openings, such as the daisies, buttercups, wild pink, coxcomb. lilies


56 - MADISON COUNTY, OHIO.


ing to its topography, its soil, or its water supply, connect themselves with the origin and history of the deep drift-deposits, by which its entire surface is now covered.


DRIFT AND SOILS.


"The subject of the drift has been taken up so many times, and from so many points of view in the reports of the survey already published, that it is unnecessary here to treat of it from a general or theoretical point of view. The deposits of the drift in Madison county fall under the ordinary heads. The lowest and oldest of these deposits is a heavy bed of boulder clay, which covers the face of the country universally. It is a tough, waxy, dark-blue clay, in which scratched and striated pebbles and boulders are abundantly distributed and occasionally seams of sand and gravel, varying in thickness from one inch to two feet are found, but without regularity or constancy. This member of the drift series exceeds the rest very largely in volume and also in the importance f its offices. As has been before stated, borings f sixty feet are sometimes made without exhausting the boulder clay. These facts seem to indicate that the average thickness of this member f the series is not less, certainly, than sixty feet.


"In considerable areas of the county, the boulder clay forms the present surface, or rather the boulder clay as modified by the action of the atmosphere and of vegetable growth. and other organic agencies upon it. These areas constitute the coldest and most untractable lands of the county. The soil formed from their weathered surfaces is a black clay, one foot or a foot and a half in thickness. The action f the atmosphere is shown to have reached below the surface in the conversion of one or two additional feet of the blue clay into yellow clay. These weather deposits pass by insensible gradations into the underlying deposit. The lands of this description are less varied in the natural forest growth than the other lands of the county. They are susceptible, however, of considerable amelioration by underdraining, and possess all the elements necessary for long continued productiveness.


VALUABLE PLASTERING SANDS.


"By far the larger part of the county is covered with another order of drift-deposit, viz., those that have been modified and re-arranged during a period of submergence to which the original beds have been subjected. If a bed of the yellow clay already spoken of as formed from the weathering of the blue clay were exposed by a slowly advancing submergence to the action of waves or currents, it is easy to see that its clay, sand and gravel would be assorted and separated. The coarser materials would be moved the least distance. and the finer clays the greatest distance from their original beds. As the submergence was gradually extended we ought to find beds of gravel overlying the blue clay, themselves overlain by sand, and finally covered with the finest grained clays. Such is precisely the general order of the arrangement in all of these districts. We ought, furthermore, to expect that on the highest grounds f the county, beds f gravel and sand would abound. This also is exactly the case Ohlingers hill, as high a point as is contained in the county, is the resort f the whole country for miles around for plastering sand, extensive deposits of which occupy the highest parts of the dividing ridge.


"The same line of facts is met with on the high ground west of London. a ridge scarcely inferior in elevation to the one already referred to. It is, in fact, a part of the same watershed—separating the drainage of the Scioto from that of the Little Miami. Almost the whole of this region is occupied with heavy beds of well-washed gravel. The whole supply for London and its vicinity is derived from this locality. It must, however, be noted that these high grounds also. contain remnants of the old glacial clays, which furnish, as at Ohlingers hill, a soil of entirely different properties from


MADISON COUNTY, OHIO - 57


any other soils in the county. The difference lies in the fact that the high location of the masses has prevented the accumulation of vegetable matter in them. They produce fruit well, and are good wheat lands when properly treated, but they are decidedly inferior as grass lands to the rest of the county. In fact. but a thin sod establishes itself upon them. unless special care is taken to secure this result.


"The submergence of this district, and the consequences resulting from such a fact, have been spoken of. It is easy to see that the emergence which converted it into dry land again, must have been attended with equally marked results. As drainage systems began to be established or re-established. the accumulations of clay, sand and gravel of the rearranged drift would often be withdrawn from the surfaceover which they had been distributed and the broad valleys through which currents were moving would be sure to receive them. The boulder clay would thus be exposed on portions of these areas. The northern and central districts of the county contain almost all of the exposures of this sort. while the southern tiers of townships, which lie a hundred feet or thereabouts lower than the above named districts, hold by far the most gravel.

.

THE AGRICULTURAL POINT OF VIEW

"The facts now enumerated will be seen, upon a little reflection, to lay the foundation for an excellent scope of country in an agricultural point of view. Generous and lasting soils and an abundant water supply are certain to be provided from such modifications of the beds of glacial drift in central and western Ohio. In accordance with these probabilities, Madison county is found to be one of the finest agricultural districts of the state. There is scarcely a foot of waste land in it, and most of it, if not already highly productive. is easily susceptible of being made so. The surface. clays are generally black for at least one or two feet in depth. In land lying as nearly level as Madison county does, there would necessarily be enough detention of organic matter in the soil to produce this result. Even the lands underlain with gravel might have been swampy in their earliest history. but after a forest growth had established itself upon them and the roots had penetrated to the porous beds below, a natural drainage would be secured, which would do much toward their amelioration. The gravel .washed out of the boulder clay is largely limestone gravel. Whenever an insulated area of this gravel has been left uncovered by the finer clays and has itself undergone atmospheric agencies by which it would be converted into soil, we find the productive belts known as mulatto lands. The reddish soils thus designated certainly have just such a history.


"The forest growths on these several sorts of areas are, in every case, characteristic. The last-named division is the warmest and most fertile land in the county. It is occupied quite largely by black walnut, sugar-maple, etc., and is, therefore, frequently styled `black-walnut land.' It is confined to patches and acres, and is nowhere extended in large tracts, or at least not in the central portion of the county. More of it is shown in the southern townships. The division last preceding this. viz., the clays underlain by gravel or sand, are quite generally covered with bur-oak (Quercus macrocarpa). This tree marks very definitely all the better portions of the areas now under discussion. and as this kind of land constitutes the most important element in the surface of the county. the bur-oak may be said to characterize the county. The colder lands referred to. the weathering of the boulder clay. are covered for their natural forest growth with swampy oak (Quercus palustris) post oak (Q. obtusilobal and occasionally white oak (Q. alba): The natural differences between these soils, as attested by their original forest growths, are clearly shown in their subsequent history under cultivation.


VALUABLE BLUE-GRASS LANDS.


"The swampy condition of the land before drains and ditches provided an easy way of escape for the surface water, is the probable cause of the defective condition


58 - MADISON COUNTY, OHIO.


of the timber produced here. Many of the trees are hollow hearted. Another explanation is offered in the tires, that the Indians were accustomed to kindle annually throughout this part of the state.. The sparseness of the timber can no doubt be attributed to the last-named cause. While some of these varieties of soil are much warmer and kinder than others, all of them form blue-grass land. As soon as the surface water is withdrawn, this most valuable of all forage plants-Poa pratense, or Kentucky blue-grass, comes in to displace the wild grasses that have occupied the ground. hitherto. and it comes to stay. This is not the place to take up in, detail this great. source of agricultural. wealth. It is enough to say that all of its characteristic excellences are here shown. The best rewards of agriculture in Madison county have hitherto been drawn from this spontaneous product f its soil.. The lands f the county have been turned into pasture grounds since their first occupation. Under judicious management, cattle do well upon them throughout our ordinary winters, without hay or grain.


"It is to be remarked that Madison county is a blue-grass region, not so much because f the composition of its drift-beds as from the fact that these drift-beds are extended, owing to the accidents of their recent geological history. in wide plains which allow the abundant accumulation of vegetable matter in the forming soil. These same drift-deposits, when they lie on well-drained slopes, form a stubborn, yellow clay, that can hardly be kept covered with sod of any description. It must not. however, be inferred that all level drift-tracts will become blue-grass land, irrespective of their composition days derived in large part from the waste of limestone, as are those of Madison county. are especially adapted to the growth of blue-grass. Madison county has no monopoly of this important product but all the flat-line tracts of the counties around it. as they have shared in its geological history, share also in its agricultural capabilities.


"These districts were shunned in the early settlements of this general region on account of their swampy character, but discerning men soon came to see their great possibilities. and as the price per acre was scarcely more than nominal, they were bought in large tracts and have been so held until the present time. Farms of two thousand acres are not unusual in the county, and fields of five hundred acres are common. The recently divided estate of William D. Wilson, in the Darby Plains of Canaan township, embraced nine thousand acres. The county is famous not only for the number f cattle it produces, but also for the quality. It holds some of the finest herds of imported cattle to be found in the state or country.


"The lands of the second and third divisions, as might be judged from their constitution, are excellently adapted to the production of corn and other cereals and are coming to be used for grain-growing. as well as for grass-growing. The varied elements of our ordinary American farming are thus becoming established here as elsewhere.


WATER SUPPLY


"The last point to be taken up in the geology of the county is its natural water supply. Madison county may be said to have an abundant and excellent supply, but it does not show itself in the ordinary modes. in springs, and frequent watercourses. The supply, indeed, is under ground and must for the most part. be brought to the surface by artificial means. The ordinary rainfall of central Ohio being granted, the geological conditions already described necessitate an immense accumulation of water beneath the surface; such an accumulation, we find, lying within easy reach. The surface of the bowlder clay is a common water bearer, though many wells descend into the clay to some of the irregular veins of sand and gravel, to which reference has already been made. The beds above the boulder clay, varying in thickness from five to fifteen feet. constitute an efficient filter for the surface water in most instances. It must be remarked, however, that all of the dangers pertaining to such a supply show


MADISON COUNTY, OHIO - 59


themselves here. The drift-beds are freely permeable. They have no power to shut out the products of surface defilement, or prevent cesspools and other sinks of impurity from discharging their offensive and poisonous drainage into adjacent wells and springs. There is abundant and positive prof that drinking water contaminated from such sources is very ften made the medium for distributing fever and pestilence through families and neighborhoods.


"Of late years. the agency of the wind has been quite extensively utilized in pumping water from wells into reservoirs for the use of stock. The windpumps have been improved in so many ingenious ways that they work almost as if they were intelligent agents, matching supply with demand and adjusting themselves to the force of the wind. The common method, however, of providing stock water on those farms which are not traversed by living streams is by means of pools, which obtain their supply directly and entirely from surface accumulations of rain. The water of such pools is always foul with mud and manure, and is heavily charged with vegetable and animal organisms in every stage of existence and decay," and yet it is claimed to be a sae and wholesome supply. Still another source of stock water is found in some sections of the county. The water delivered by draining tile in underground ditches is gathered and conducted to 'troughs in the pasture grounds. Where the make of the country admits of this system, a supply in every way advantageous is secured.


REMAINS OF PRE-GLACIAL MAMMALS.


"Buried vegetation is less frequently met with in the drift of Madison county than in the regions further to the southward, but it can scarcely be said to be of rare occurrence. Considerable accumulations of vegetable matter are needed to explain certain facts met with in a little settlement called Kiousville, in Pleasant township. Several attempts to obtain wells have been made here without success. The trouble has been in every instance, that after reaching a certain depth, choke damp or carbonic acid escaped in such quantity as to render further work Impossible. Several wells halve been lost in these attempts and one during the summer of 1872. The section traversed is: Yellow clay, ten feet; blue clay, abruptly bounded on the upper surface, twenty to thirty-one feet: then cemented sand and gravel. On breaking through the crust of cemented gravel, the gas issues in strong volume. No water has ever been found in the gravel. The section is somewhat anomalous, but it seems safe to conclude that some such accumulations of buried vegetable matter as has been described in previous reports as existed in Montgomery, Warren and Highland counties, are to be found here.


"The remains of a young Mastodon were recently found in Range township on the farm of David McClimans. The skull and its appurtenances were in the best state of preservation. The tusks were six feet long, measured on the outside of the curve. A part of the lower jaw had perished. but in the remaining portion a small molar tooth was found in place. It was afterward detached and found to weigh one pound and two ounces. while a larger tooth, but partially developed, lay back of it in the jaw. The occurrence f remains of these pre-glacial mammals is. however, comparatively rare in this immediate area.


"The principal points in the geology f Madison county have now been briefly treated and it is seen that although the story of its bedded rocks is very short. there are still geological questions of great interest suggested by its broad and fertile plains."


CHAPTER III.


COUNTY ORGANIZATION.


THE FIRST ELECTION.


After the erection of Franklin county, the territory embraced therein was subdivided into four townships. and from the records at Columbus the following information has been obtained : "Ordered, that all that tract or part of Franklin county contained within the following limits and boundaries, to wit : Beginning on the west bank of the Scioto river, one mile on a direct line above the mouth f Roaring run; from thence on a direct line, to the junction of Treacles creek with Darby creek. which is frequently called the forks of Darby; thence south unto the line between the counties of Ross and Franklin; thence west with said line until it intersects the county line of Greene; thence with the last mentioned line north, and from the point f beginning, up the Scioto to the northern boundaries of Franklin county, do make and constitute the second township in said county. and be called Darby township." This erection was made by the associate judges of Franklin county on May 10, 1803.


The first election was held at the house of David Mitchell in said township, and Joshua Ewing was elected justice of the peace. This was the first election for a member of Congress ever held in the state. There were four candidates, Michael Baldwin, William McMillan. Elias Longhorn and Jeremiah Morrow. Darby township cast its full vote, twenty-two, for McMillan; and although Franklin county cast one hundred and thirty votes, Jeremiah Morrow. who was elected to represent Ohio in the halls f Congress, received but two votes from that county.


At a session of the associate judges of Franklin county, held on January 10, 1804, the following was recorded among the proceedings: "Ordered, that there be paid unto James Ewing out of the treasury of Franklin county, the sum of $8.75, it being the compensation due to him for seven days' services in taking the list of taxable property and the enumeration of white males in Darby township for the year 1803." Thus it will be seen that James and Joshua Ewing were the first officials f the territory, subsequently erected into Madison county. At that time a living stream f settlers was pouring into the country west f the Big Darby, and so rapidly were the lands taken up that Darby township soon contained sufficient population with which to found a new county. In accordance with a petition presented by the inhabitants thereof, the Legislature passed an act on February 16, 1810, through which a new county was created, and named in honor f the illustrious James Madison, fourth President of the United States, who was then at the head of the government.


CREATION OF MADISON COUNTY.


The act establishing the same reads as follows: "That all that part of the county of Franklin, lying west of Franklinton, is hereby erected into a separate county and bounded as followeth, viz.: Beginning at the southeast corner of Delaware county; thence east with the south boundary f the said county line, to a point that a line running due south will be the distance of twelve and one-half miles west of the county seat of Franklin county; thence on a straight line, to the northwest corner of the county of Pickaway, thence with said line south, until it intersects the line of Ross county;


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thence west with said line, to the line of Greene county; thence north with the line of Greene, to the Champaign county line; thence with the Champaign line, to the place of beginning.


"That the said county of Madison shall, from and after the 1st day of March next, be, and the same is hereby declared to be a separate and distinct county, and entitled to all the rights and privileges appertaining to the same: Provided, that all actions and suits which are, or may be pending, or instituted in the county of Franklin. before the first Monday f March next, shall be prosecuted and carried into final judgment and execution, and all taxes which shall be now due, shall be collected as though the act had not passed.


"That on the first Monday in April next, the legal voters residing in said county of Madison, shall assemble in their respective townships, and elect their several county officers. who shall hold their offices until the next annual election.


"That there shall be appointed, by joint resolution of both houses of the present General Assembly, three commissioners to fix the seat of justice in said county of Madison, agreeable to the act establishing the seats of justice, who shall make report of their proceedings to the court of common pleas, of Franklin county, who shall be governed by the provision of the aforesaid act.


"That the commissioners aforesaid shall be paid for their services out of the treasury of the county of Madison, and that the temporary place of holding courts, until otherwise provided for according to law, shall be at house of Thomas Gwynne, in said county of Madison. This act shall take effect and be in force from and after the 1st day of March next."


By an act passed January 16, 1818, the following territory was added to Madison county: "That all that part f Champaign county, east of the eastern boundary of Clark county be, and the same is. hereby attached to Madison."


In the erection of Union county. January 10, 1820, a strip f territory two and one-half miles wide, parallel with the old line, was taken from the north part of Madison, in the formation of the new county, while at the same time the following territory was cut off from Franklin county and attached to Madison, viz.: "Beginning on the line between the counties f Franklin and Madison, at a point two and one-half miles south of the north boundary of said counties; thence east two miles; thence south four miles; thence west two miles; thence north to the place of beginning, be attached to and hereafter considered a part of Madison county." It will, doubtless, be f interest to the general reader to know of the many acts passed establishing and changing the county lines. The official records f the different surveys and changes since the erection of the county are therefore here given.


CHANGES IN COUNTY LINES.


On the 29th of January, 1821, an act was passed declaring "That the line formerly run by Solomon McCulloch, as the eastern boundary line of Champaign county, be, and the same is, hereby, declared the eastern boundary of said county. That so much of said line as lies north of a point six miles north of the southeast corner of the county of Champaign be, and the same is, hereby, declared the eastern boundary of the county of Clark. That the line between the counties of Madison and Union shall be run parallel with the line formerly run as the dividing line between the counties of Madison and Franklin. and the county of Delaware." On February 4, 1825, William Wilson, of Clark county, was appointed to run a line between the counties of Madison and Union, viz.: "To commence at the southeast corner of the county of Union, and run from thence a due west course to the eastern boundary of Champaign county." He was instructed to leave a duplicate of said survey, also the plats and notes thereof, with


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the commissioners of each county, "which line so surveyed, platted and returned, shall be and remain the established line between the counties of Union and Madison."


On January 22, 1827, an act was passed to alter and establish the line between the counties of Clark and Madison: "Beginning at the northeast corner of Clark county, and to run from thence to a point so far east of the southeast corner f the said county of Clark as will leave as much land or territory, in the said county of Clark, as shall be taken by the county f Madison,. or in other words, the said line shall be so run as to include in and exclude from the said counties respectively an equal quantity of territory." By the second section of this act, the surveyor of Madison county was authorized and required to run, and have said line plainly marked, agreeably to the provisions of the first section of the act; to have the same completed by March 20, 1827, and to make a return of said survey to the clerks of the court of common pleas of both counties, Madison county to defray the full expense f running and marking said line.


Under an act passed on January 29, 1827, a new line was ordered to be run between Union and Madison counties, to wit : "That Jeremiah McLene. of the county of Franklin, be, and hereby is appointed to run, survey, mark and establish a line between the counties of Madison and Union, to commence at the southeast corner of the county of Union. and running from thence a direct line to a point in the line f the eastern boundary of the county of Champaign, two and a half miles south of the line formerly run between the counties of Delaware and Madison; which line so run, surveyed, platted and returned, shall be and remain the established line between the aforesaid counties of Madison and Union." Each county was to bear half the expense of said survey, which was to be completed before April 1. 1827; and all laws or parts of laws passed previously to such act and inconsistent with the same were declared repealed. It was enacted on January 5, 1828: "That the line run as the line between the counties of Madison and Union, by Levi Phelps, in the year 1820, be, and the same is hereby declared to be the established line between the aforesaid counties."


There has only been one change made in the lines of Madison county since the above date. By an act passed on the 4th f March, 1845, the line between Madison and Franklin counties was changed by making Big Darby creek the boundary from the southeast corner of survey No. 2677, In Jefferson township, to the southeast corner of survey No. 3313, in Canaan township, and thus the lines have since remained.


FIRST TOWNSHIP ELECTIONS.


In conformity with the legislative enactment erecting Madison county, three commissioners were elected on the first Monday in April, 1810, viz.: Joshua Ewing, John Arbuckle and William Gibson, who subdivided the county into townships, to the history of which several townships the reader is referred for their official record and erection. On the 7th of May, 1810, the associate judges of Madison county, viz.: Isaac Miner, Samuel Baskerville and David Mitchell, who had, previously, been elected by the General Assembly, ordered the commissioners of said county to advertise the elections in the different townships throughout the county, for the purpose of electing township officers, said elections to be held at the following places: "In Darby township, at the house of Mrs. Robinson; Jefferson, at the house of Thomas Foster; in Deer Creek, at the house of Thomas Gwynne; in Pleasant, at the house of Forgus Graham; in Stokes, at the house of P. Cutright, in Union, at the house of Elias Langham, and agreed upon by said commissioners that William Gibson does advertise said election at different places."


Up to this time the lines f the county had not been surveyed, the legislative act of creation alone establishing the boundaries' theref. On the 31st f July, 1810, the


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board of commissioners authorized William Gibson to notify the commissioners of Greene. Champaign and Franklin Counties to attend with their surveyors and have the lines established agreeable to law. The board of Madison county, with Patrick McLene the surveyor thereof, were to meet the respective boards and surveyors of the adjoining counties, at the following points, viz.: Those of Greene, at the house of Isaac Hudson, in Stokes township, on the 17th of September. 1810; those f 'Champaign, at the house of Christopher Lightfoot, near the southeast corner, on the 24th of September; and those of Franklin. at the court house in Franklinton, on the first Monday in October following. The commissioners deliyered elaborate instructions to Patrick McLene as to the course he was to pursue. Each county was to defray one-half the expense of making the survey, but, in case the surveyors of the other counties. did not attend at the place and time appointed, the surveyor- of Madison was instructed "to run and mark the lines in the same manner you would consent to do were they or either of them present." These instructions were delivered on September 13. 1810. to Patrick McLene, who at the appointed time began to run and ascertain the boundary lines. It is evident, however, that the work was not completed until early in 1811, and to dispel all doubt on the matter, here is given a verbatim record f the survey as transcribed in Patrick McLene's own handwriting:


COUNTY LINES DEFINED.


April 10. 1811—Notes of the lines of Madison county as far as I have run them. Beginning at a white elm, red elm and black walnut, northeast corner of Fayette county, in the Pickaway county line, running west by the needle, twenty miles, two hundred and eighteeen poles to an elm, post oak and two red oaks, one marked M. C. crossing Deer creek at sixty poles; at 134 poles, crossing Deer creek robed from Chillicothe to Urbana ; at two miles and 116 poles. Langham's road; four miles and 76 poles, a branch of North Paint:. 5 miles and 62 poles, another branch of North Paint; ten miles and 290 poles. East fork of Paint; eleven miles and 160 poles, a road; fourteen miles and 40 poles. Main Paint; fifteen miles and 70. poles, Springfield road to Chillicothe; sixteen nines and 130 poles, Sugar creek; eighteen miles and 140 poles. Rattlesnake Fork; twenty miles and 58 poles, the corner made by the surveyor of Fayette county; twenty miles and 182 poles. a branch of Massies creek; thence N. 3̊ W. nine miles and 87 poles, to a stake in Champaign county line, crossing a branch of Massies creek at 100 poles; another at 214 poles; seven miles and 278 poles, the Little Miami; eight miles and 208 poles, a branch of the Little Miami; thence N. 87̊ E., six miles to a stake, a burr oak, hickory and black oak, bearing trees. Crossing a branch of the Little Miami at 220 poles; at two miles and 284 poles, the state road leading from Xenia to John Graham's; thence N. 3̊ W., twenty miles and 130 poles, to three white oaks (two from one root), two black oaks and two hickories, supposed to be the southwest corner of Delaware county. Crossing at two miles and 254 poles, the new state road; four miles 116 poles. Wolf run; four miles 160 poles. Urbana road; five miles 25 poles. a branch of Deer creek; six miles 76 miles, state road from Franklinton to Springfield; seven miles 160 poles. Deer' creek; nine miles 130 poles, a road by Graham's to Urbana fourteen miles 254 poles, Little Darby; sixteen miles 180 poles, Little Lake; seventeen miles 260 poles, branch of Little Darby; thence east fourteen miles and 300 poles, to the northwest corner of Franklin county. a stake, burr oak and two ash trees. Crossing a branch of Little Darby at 170 .pole ; the line made by Champaign surveyor, at one mile 246 poles; main Darby at seven miles 124 poles, etc.

"P. MCLENE, S. M. C."


The chain carriers weer Isaac Hudson, Walter Watson, Joseph Brown. Abraham Denton and Samuel Brown, while the markers were Skinner Hudson and Abraham


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Watson. In ascertaining the center of Madison county, Benjamin Strong and Henry Warner served as chain carriers. Patrick McKene was paid the sum of eighty-two dollars and fifty cents for his services in finding the center of the county and running the boundary lines as described above; while the chain carriers and markers each received one dollar per day. If there has ever been a survey of the line between Madison and Franklin counties, it is not on record in London, the book exhibiting .a blank space where each survey was evidently intended to be transcribed.


AN EARLY BOUNDARY DISPUTE.


Upon the erection of Union county, in 1820, the commissioners of Madison ordered the clerk to notify the board of Union county that they were willing to give them two miles and a half off the north end of this county, the line to be run parallel with Root's line. It seems, however, that the line between Madison and Union counties was not established in a satisfactory manner, for it is found that in May, 1823, Patrick McLene, auditor of Madison county, and the auditor of Union, agreed, to order out the surveyors to establish the line in dispute between these counties. David Chapman was appointed on the part of Madison county, and the following survey was made May 24, and reported by him June 2, 1823:


"To the Auditor of Madison County--Pursuant to your order, to me directed, I attended with Alexander Robison, deputy surveyor of Union county. We proceeded on the 22d inst. to survey the line between the county of Madison. and Franklin, from Delaware where, the east line of Union county crosses said line; thence south two and a half miles, and made a corner, for Union, set a post from which a beech twenty inches in diameter bears N. 20̊ E., twenty-two links distant; and an elm six inches in diameter, bears S. 32̊ W., twenty-five links distant; thence west fifteen miles and 298 poles. First mile tree, a white oak twenty-four inches in diameter; crossed Sager's run at one mile and 315 poles; second mile tree, a small hickory; third mile tree, an elm; crossed Darby at three miles and 80 poles; fourth mile tree, a small white oak; crossed road from Sager's mill to London, at four miles and 50 poles; .fifth mile tree, a white oak eighteen inches in diameter; sixth mile, a stake in a prairie; seventh mile tree, blazed a tree; then run and measured north two and a half miles, and found the old Delaware and Madison line at that distance, returned to said blazed tree and continued our line west; eighth mile tree, a large burr oak; ninth mile tree, a small jack oak; tenth mile, a hickory stake; road from Mitchell's to London, at ten miles and 70 poles; eleventh mile tree, a white oak ; twelfth mile tree, a white oak ; crossed Little Darby, at twelve miles and 136 poles running southeast; thirteenth mile tree, a burr oak twenty inches in diameter ; crossed Little Darby at thirteen miles and 156 poles running northeast; fourteenth mile tree, a burr oak; fifteenth mile tree, a burr oak; crossed Treacles creek three times at about 160 poles; set a post in the line of Champaign county line, for the northwest corner of Madison county, from which a burr oak fifteen inches in diameter bears north twelve links, and another burr oak fourteen inches in diameter bears S. 85̊ 'E., twenty-one links distant."


The line between Madison and Clark counties was still unsettled. On the records, bearing date of June. 11, 1824, is found the following: "Ordered by the commissioners of. Madison county, that the commissioners of Clark county be notified that they will order their surveyors to attend at the house of John 'Williams, on Monday, the 5th of July, at 8 o'clock a. m. to run and establish that part of the line between said counties, which is not yet established agreeable to an act of the Legislature passed January 29, 1821." The reader will bear in mind that upon the erection of Clark county in 1817 a portion of Madison was taken in the formation of said county. The town of South Charleston was: previous to the creation of Clark, Within the limits of Madison county,


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as the following record of the plat will demonstrate: "Surveyed for Conrad Critz, the foregoing platted town in Madison county, Stokes township; described as follows : Columbus street runs north 619 east, crossing Chillicothe street at right angles., Chillicothe street runs south 29̊ east. Given under my hand this. 1st day of November; 1815—John T. Stewart The names of many early settlers of that vicinity may be found in the judicial records of Madison county, as London was then, their seat of justice:


The last survey of any boundary line of Madison, county which we find on record. is the following : August 23, 1827, surveyed for Madison county, as follows : Beginning at the northeast corner of Canaan township, in the line between, the counties of Franklin and Madison, running with said line south one .and a half miles, marked a hackberry, sugar and a hickory, for a corner between said counties ; thence east two miles, marked a mulberry and a small beech for 'a. carrier between said counties (a beech for a mile tree) ; thence north four miles, and marked a beech for the northeast corner of Madison county; on the north side of the Poste read; a small ,ash for the first mile tree, a sugar tree for the second:, a beech Air the 'third mile. David Chapman, surveyor."


FIRST COUNTY ELECTIONS.


At the first election held in Madison county on the first Monday in April, ISM John Moore and John Arbuckle were judges of election in Deer Creek township, receiving three dollars each for their services, the latter being paid one dollar extra. for :taking; charge of the poll book. Luther Cary was paid two dollars for acting as judge of election in Darby township, while Abraham Denton and. Bazil Hunt were allowed two dollars and one dollar, respectively, for a similar service in Stokes township: Elias Longhorn and Patrick. McLene were paid one dollar each as judge and clerk of the election, in Union township, and It Seward was allowed two, for bringing three books and five quires of paper from Chillicothe for the use of Madison County.


It is revealed by the records that an election was held in many of the townships on May 19, 1810. In Union, Walter Watson, David Groves and John Timmons were judges, and Patrick McLene and William Gibson, clerks, all of whom were paid one dollar each, for their services. In Jefferson township, Frederick Loyd and Henry Smith served as judges, while the clerks were Lewis Foster and James Moore. The compensation was the same as in Union township. At the same election William Blaine was judge in Deer Creek township, and Amos Howard clerk in the same, each of whom were paid. one dollar, while William Ross was allowed seventy-five cents for making a ballot box for the use of , Deer Creek township. .


The regular annual election took place on October 9, 1810, with William. Frankabarger, Thomas, Gwynne and William Blaine as judges in Deer Creek township; John Pepper and Charles L. J. Atchison, clerks. In Darby township, Samuel Mitchell, Luther. Cary and Samuel Robinson served as judges, with James Ewing, sand Thoma Robinson as clerks. The judges of Jefferson township were Thomas Foster, David Bradley and James Moore; the clerks., Paul Alder and, Nehemiah Gates. In, Union township, the judges were John Melvin, Benjamin Kirkpatrick and Andrew Cypherd; s while the ,clerks were Elias Langham and Patrick McLene. The Pleasant township judges were Forgus Graham, Enoch Thomas and John Smith the clerks, Samuel Dawson and David Long. In Stokes township, the only name on record is that of William Kelso, who, acted as judge.


The record of these early events will preserve the names of many of the pioneer fathers, who spent their lives in Madison county, ever taking an active interest in its government, while laying the foundation for the wealth and intelligence which charac-


(5)


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terize its people today. Those judges and clerks were each allowed for their services the small sum of one dollar, while the judge who took charge of the poll book was paid one dollar, or sometimes one dollar and a half extra. At this same election, John Moore. sheriff ,,of Madison county, was allowed four dollars for taking the abstracts of the votes to Franklin county, while Robert Hume, clerk and recorder of Madison county, was paid five dollars for his services in opening the election returns. Thus the reader may compare the official compensation of the pioneer days with that of today, and gain thereby a fair knowledge of the wonderful progress in population, wealth and development of this garden spot of Ohio ; for as intelligence and wealth expand, so, also, do liberal ideas, resulting in a generous compensation for all classes of labor, wherever just laws and honest government prevail.


EARLY LICENSE RATES AND LICENSES.


The board of commissioners met at the house of Thomas Gwynne, the temporary seat of justice, on the 11th of June, 1810, and established the following license rates for taverns in the several townships of Madison county : Union township, $4 ; Deer Creek, $7; Jefferson, $4; Stokes, $5; Pleasant, $4; and Darby, $4. In 1811, the tavern license was: Darby township, $4; Jefferson, $4; Deer Creek, $6; Union, $6; Stokes, $4; and Pleasant, $4. In 1812, each of the above townships paid $4, excepting Union, in which the rate was $5; and in 1813 Union township paid $6, Deer Creek $5, and the balance $4.


On the 30th of July, 1810, the court of common pleas granted a license to Thomas Gwynne for one year to keep a tavern at his house in Deer Creek township. On the following day, the court granted a license to Elias Langham, to keep a tavern at his house in Union township. In March, 1811, Thomas- Gtvynne was issued a. license "to vend merchandise where he now lives in Deer Creek township, for one year." Thus it will be seen that Mr. Gwynne was the first licensed tavern-keeper, as well as the first merchant of Madison county after its erection.


At the same session, Nathaniel Hunter was granted a six-months license “to vend merchandise as a peddler," which was reissued in 1812. In October, 1813. Hunter, who was an alien, applied "for the benefit of the naturalization laws to be extended to him," which the court granted, and, taking the oath as provided under the constitution, he was admitted as a citizen of the United States. This is the first naturalization case upon record in Madison county, and as such is deemed worthy of mention in its history.


In November; 1811, Peter Cutright was granted a license to keep a tavern for one year in Stokes township, and John Turner, also of Stokes township, was issued a similar permit, "to keep a public house for the accommodation of travelers where he lives in said township." In July, 1812, the court of common pleas issued licenses to Joseph Russell and 'Philip Lewis to keep taverns in London, the newly-laid-out county seat. In March, 1813, Robert Hume was granted a license to keep a tavern at his dwelling in London, and in June, John Gwynne obtained a license for the same purpose. At the October term in 1813, William Wilson and Joseph McKelfish secured a license "to vend merchandise in the town of London for one year." In February, 1815, William and Eli. Gwynne were granted similar favors; in 1816. Thomas Needham and Robert Hume, under the firm name of Needham & Hume, and John Brodrick & Co.; in 1817, John Moore and Elias N. De Lashmutt; in 1819, Thomas Gwynne & Co., E. W. Gwynne and Wiliam Nelson being members of this firm. In June, 1815, William McCormick was issued a license to keep a tavern in London for one year ; and, in May, 1816, James Ewing, of Darby 'township, was granted a license to vend merchandise for one year at his house in said township. In January, 1817, the court issued him a license to


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keep a tavern at the same place. Most of these licenses were renewed again and again, and many whose names appear here kept stores or public houses of entertainment "for man and beast" during the greater part of the. early history of Madison county.


As a matter of historical interest to the descendants of the pioneer fathers and mothers of Madison county, the following items are transcribed from the records of the court of common pleas. At the November term, 1811, "On application of the Rev. Forgus Graham, minister in the Church of Christ, license is granted him to solemnize marriage agreeable to law." At the October term, 1814, Stephen English, "a regular ordained minister of the Baptist church," was granted a license to solemnize marriages throughout Ohio. In February, 1815, Richard E. Pearson, "an elder of the Christian church, regularly ordained," was granted a license to celebrate the bond of marriage all over the state. In 1816, John M. Foster, an elder of the Christian church, and Jeremiah Converse, a minister of the Methodist church, were issued licenses to perform marriages any place in Ohio. Many others got similar authority, but these are the earliest names found upon the records., and demonstrate that ministers had to obtain the consent of the state ere they could lawfully perform the marriage ceremony therein.


PIONEER LISTERS.


On the commissioners' docket is found a record of the first appraisement of property in Madison county, from which the following items are culled: "June 11, 1810, ordered that there be allowed to John Simpkins the sum of $6.25 for five days attendance while listing and appraising houses, making out duplicates and returning the same for Union township by order of the board." Joseph Kendle was paid the same sum for a like work in Stokes township; David Foster, $5 for four days, listing, etc., in Deer Creek ; James Ewing, $5 for four days, in Darby; Thomas Foster, $3.121/2 for a similar labor in Jefferson, and Samuel Scott, $5 for four days; appraising and listing, in Pleasant township. At the same time Patrick McLene was appointed lister for resident lands in Madison county, and subsequently was paid $27 for eighteen days of service in per forming said work:


WOLF SCALPS.


In the early settlement of the Scioto valley, one of the greatest nuisances to the settlers was the large number of wolves infesting the country. These pests, although not specially dangerous, were continually killing the smaller and younger stock of the pioneers, so that it became a necessity to enact laws whereby to rid the settlement of them. At a meeting of the commissioners held on July 31, 1810, it was ordered "that there shall be allowed for all wolf scalps killed after the 1st day of March, 1810, within the boundaries of Madison county, that is over six months old, the sum of $2, and for all wolves killed within said boundaries that are under six months old, the sum of $1 for each scalp, by order of the board." The first person to take advantage of this law was Thomas Gwynne, who was paid $2 for an old wolf scalp in July, 1810. In September, Daniel Kent received $2 for an old wolf scalp, while William Atchison was paid $9 for the scalps of nine young wolves. These prices were paid for the purpose of exterminating the scourge, until September, 1817, at which time the law was abolished, yet the people kept up the war by regular hunts until none were left to spread havoc among the peaceful flocks and herds of Madison county.


TAXATION AND EXPENDITURES.


It will, doubtless, be of interest to the general reader to give a brief summary of the receipts and expenditures of Madison county during the first years of its existence, and as history, at best, is but a dry ,compilation of facts, here is given a verbatim report


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of the early taxation of the county as copied from the commissioners journal of June 11, 1810: "Ordered, that the rate of taxation be on all horses, mares, mules and asses of three years old and upward, each 30 cents per head; on all stud horses the same rate per season ; on all neat cattle of three years old and upward, each 10 cents per head, and on all houses, one-half per centum on the appraised value, by order of the board." This rate of taxation was alto adopted for the years 1811, 1812 and 1813.


"August 20; 1810, delivered the duplicates of the state tag to John Moore for collection, and the amount of said tax appears; as per the duplicates delivered to me by the different Iisters, $359.41 cents, 3/4 mills." Under the same date is the following notation "Delivered the duplicates Of the county tax to John Moore for collection, and the amounts of said duplicates appear to be $321.20." The state tax of Madison county for 1811 was $402.59 and 4 mills; and the county tax $357.65: In 1812, the state tax was $353.49;s and the county tax $535:57: The first settlement was made with the county treasurer, Thomas Gwynne, June 11; 1811, the journal of that date. reading as follows : "This day came to a settlement with the county treasurer, and received' orders to the amount of $63.70, being the amount of the orders redeemed' by the treasurer for the taxes; tavern and store license; fines, etc., for the year 1810." The full expenses for 1810 was $626.66 and -5 mills, and for 1811, $1,179.74 and 4 mills, making the total expenses for the first two years of the county's existence $1,806.40 and 9 mills. The reader thus may discern that the business of Madison county was run on a very economical basis during its early Career. The population was small and money was scarce; and to use the phrase of an old pioneer, "a dollar looked as big as a cartwheel." There was no extravagance, because such a thing was impossible, and where there was no money, money could not be spent. This, then was the reason why economy prevailed, and not that men were more upright or honest than they are today. All honor to 'those, fathers who guided the affairs of Madison county in her infancy, and equal honor to their, sons who have so worthily taken their places and preserved their fair fame in their own lives


THE COUNTY SEAT.


In 1810, the court of common pleas of Franklin county appointed Philip Lewis, director, to lay out the county seat of Madison county, the site of which previously had been selected by John Pollock and George Jackson, who were paid fourteen dollars each by the commissioners of this county for their services in making said selection. There is nothing on record to indicate the location of this prospective capital of Madison county, but the plat made by Mr. Lewis is recorded and, bears date of having been certified to before Thomas Gwynne, a justice of the peace of Deer Creek township, November 13,. 1810. Mr. Lewis was allowed by the commissioners of this county the sum of twenty dollars for his services in laying off the town; while two days were spent by John Arbuckle in selling, lots in the new county seat, and money was appropriated and bids advertised for toward the erection of a jail. All this is a matter of record, but while the index to the recorded plats of towns reads "Madison, Deer Creek Township, Philip Lewis, Director," some of the old settlers claim that London is built upon the site of the .town, laid out by Mr. Lewis, which .bore the same name as the county, and that the item recorded is a mistake. The historian has no opinion to venture upon the subject, as there is nothing upon record to determine its exact location, and as the main points connected with its history are here given, the reader is at liberty to draw his own conclusions, bearing in mind, however, that the townships of Union' and Deer. Creek were erected; on the same day, and that the territory comprising either was never a part of the other.


During the legislative session of 1810-11, Peter Light, Allen Trimble and Lewis Newsom were appointed by that body to select a location for the county seat of Madison


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county. Upon hearing of this action, the county commissioners agreed to postpone the sale of the jail previously advertised, until such time as a permanent selection should be made by the commissioners appointed by the Legislature. After examining different localities, their final choice fell upon the land of John Murfin, in Union township. They came to this decision on April 9, 1811, and on August 19, following, their report was presented to the court of common pleas of Madison county, which appointed Patrick McLene director to lay off a town upon this land and name it London. This was accordingly done, two in-lots, Nos. 9 and .10, "on the corner of Main and Main Cross streets," .being reserved for the court house and jail. The name of the latter street has 'since been changed to High. The plat was recorded on September. 13, 1811, and the lots were sold by Patrick McLene, or under his direction. After this, not another word appears on record about the town of. Madison, outside, of .bills presented to the commissioners and paid by them, for selecting and laying oft said town, as well as for viewing and marking roads leading thereto. For further particulars of this event the reader is referred to the history of London; where will be found a complete record of the transactions connected with the selection and platting of the county seat.


COURT HOUSE AND JAIL.


Soon after the county seat was laid out, the erection of county buildings became a necessity. The records reveal that Curtis. Ballard was paid the sum of two dollars "for crying the sale of the court house and jail in the town of London." Uriah Humble obtained the contract for erecting the court house and Elias Langham, the jail. The court house was a two-story hewed-log building, the first story being used for a court room, while the second was divided into two apartments for jury rooms. It stood on lot No. 40, the present site of the Farmers Hotel, immediately west of the present court house, cost one hundred and seventy dollars and was received by the commissioners on March 5, 1813, who "considered it finished according to contract." There can be no doubt that the building was occupied prior to this time, as on the journal under date of December 2, 1811, it is recorded that "William Sutton, was paid $9.25 for making benches and table for the court," and "Jonathan Minshall was allowed $1 for hauling the benches and table to the court house." The following item on record in the clerk's office makes it probable that this building was used as early as November of that year : "The November term of the Court of Common Pleas, held in London, the newly laid out county seat, was opened November ,18, 1811." It is not known that the county officials had any regular offices outside of their own homes, and A. A. Hume has remarked that "most of them had their offices in their hats," so it is evident that little business was done, and the early official had not much use for an office.

The jail was built of logs hewed on four sides, and was two stories high. The lower story had a double wall of logs, and was without door or windows. The upper story was reached by an outside stairway, and was used as a debtors prison; while access to the lower story was obtained through an iron trap door in the floor of the debtors' room, connected by a movable ladder with the ground floor. This lower room was occupied by those who had committed criminal offenses or the more serious breaches of the law. It stood across the alley from the court house, on the west side of the present building, and cost $270, the last payment of $10 being made to Mr. Langham on June 7, 1814.


In 1814 and 1815, considerable repairing was done to the court house and jail. It is recorded that in July, 1814, Joseph Russell was paid $40 for repairing the court house, and in March, 1815, William Turner was allowed $50 for building a chimney to the same. Throughout the latter year $284.621/2 was expended in repairs on these buildings, besides the above amounts. One item of $17 was paid Joseph Warner "for


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High; the treasurer's office was in the northeast corner of the building on the first story, and faced Main; the recorder's office was in the southwest corner of the building, also on the first story, and faced High; the clerk's office was immediately above the recorder's, in the second story ; the probate judge's office was in the same story, directly over the treasurer's, while the .sheriff had an office cut off from the large center hall, but it was only temporary, to give him more room in his living apartments a portion of which originally formed his office. At the summit of the steps, leading to the second story, were two large stone pillars gracing each flight, and supporting the roof above the alcove formed at the head of each. In the third story was the court room and jury rooms, while on the first story, in the northwest corner of the building, was the jail and jailor's 'residence. None of the offices in this building were what they should have been in that progressive age. They were small, unhealthy and wholly inadequate to the amount of business transacted in them.


THE PRESENT COURT HOUSE AND JAIL.


The first steps taken toward the realization of the present beautiful structures were taken when, on April 9, 1889, a delegation composed of John F. Locke, J. C. Bridgman, Mayor Hamilton, R. H. McCloud, Bruce P. Jones, Judge Clark and others, went to Columbus to present the Hon. Daniel Boyd, the local representative in the General Assembly, with a petition asking that the Legislature grant the commissioners of Madison county the authority to issue twenty-year bonds to the amount of one hundred and fifty thousands dollars, for the purpose of erecting a new court house, a new jail and a sheriff's residence. Such a bill was introduced and was enacted into law within the next week. The first step taken by the commissioners was on April 13, when they passed a resolution to build a new court house and a new jail. On July 2, following, they hired G. W. Maetzel, of, Columbus, as architect. At their meeting of ‘June 8, they decided to erect the new building on the site occupied by the old court house,• with the addition of lots Nos. 11 and 12, adjoining which were purchased of Phoebe Phifer for the sum of eight thousand, two hundred and fifty dollars.' A building committee was organized, composed of the commissioners, the clerk of the Court, the sheriff, the probate judge and one other appointed by the court of common pleas. Its personnel consisted of W. E. Beals, A. C. Willett and J. P. Bowers, commissioners; M. F. Dunn, clerk of the court; J. T. Vent, sheriff; 0. P. Crabb, probate judge, and Charles Butler, appointee of the court of common pleas. W. E. Beals was chosen to act as the committee's chairman, with M. F. Dunn as secretary.


On July 15 , 1889, Architect Maetzel submitted plans and specifications for the court house to the building committee and they were accepted with a few minor changes on September 9. The following description of the edifice is taken from the specifications:


"The total length of the building is one hundred forty feet by eighty feet wide; it contains a basement and two stories.


"The basement contains a hall for public meetings, which has a height of about ten feet. The balance of the basement will not be utilized at present, but at any time in the future, if more store room for documents is required, the greater portion of the basement can be fitted up for the purpose without great difficulty or expenditure of money.


"The first story is fifteen feet in height and contains the offices of the treasurer, auditor, -probate judge, recorder, commissioners and surveyor; the spacious halls, corridors and stairs leading to the second story are thoroughly lighted by means of a skylight extending over the entire main corridor.


"The second story is fifteen feet high and contains the clerk's and sheriff's offices, the rooms for witnesses, the grand jury and petit juries, a room for the prosecuting attorney and court stenographer, also a room for the board of education; the court room and the private office of the judge of the court of Common Pleas are also on this floor.


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"The floors of all rooms and offices, halls and corridors will be covered with encaustic tiling ; all stairways will be constructed of iron.


"The buildings will be fireproof; the foundation to be built of sandstone, the superstructure of stone and brick, all joists and roof support construction to be of iron and steel, the cornice of stone; the roof covered with slate .and copper, all stairways of iron, floor construction to be of terra-cotta tiles between the joists ; wood will be only used for windows, doors and baseboards

 

"Ventilation will be through :a series of conductors connecting all ,rooms, halls, etc., with the main 'ventilating shaft, which will be built in connection. with the boiler house in the rear of the court house. From this boiler house the heating by steam, of the court house and the new jail will: be accomplished."


PLANS RECEIVE A CHECK.


The auditor was ordered to advertise for bids on the construction of the proposed building on September 16, 1889. The bids were received, and, opened on October 17, and the contract was awarded to the firm of Wittemeir Bros., of Columbus, Ohio, at the sum of $127,666. When the time came for the approval of the ‘contract with the above mentioned firm, prosecuting .Attorney, Corwin Locke refused to sign the contract, claiming that the building was going to cost more than was allowed by the. enabling act of the state ,Legislature. On January 20, 1890, the commissioners revoked their award of the contract to Wittemeir Bros., dismissed the building committee' and it then appeared that all hopes for a new court house were killed indefinitely.


Representative Martin of this district introduced; on February 25, 1890, a bill in the General Assembly, asking for. 'authority to issue an additional fifty :thousand dollars in bonds for the construction of the proposed new court house at London. This bill revoked the prosecuting attorney's authority over the contract. It was passed in the house but was defeated in the Senate, by a vote of sixteen to nine. Senator Wilson, of this district, who opposed Representative Martin's bill, introduced another bill,, the provisions of which were .intended to take the control of the construction of the edifice out of the hands of the, commissioners and place it with four citizens of the county, to be appointed by the governor of the state, who, as trustees, should be invested- with like powers as the .county commissioners. in the premises. ' The bill went to committee, where it "died a-bornin'."


It becoming, apparent that Senator Wilson's bill would never pass the House, a compromise was proposed by amending the Martin bill with the additional ;appropriation left in and the. Wittemeir contract knocked out. This bill passed the .Senate and went to. the House, where the amendments were concurred in.. All. thought that the matter had been brought to a definite head, until Senator Wallace, of Franklin county, moved to reconsider the vote by which the bill had passed the Senate, and the motion was declared carried. This opened up the whole affair once more. This :was on Friday, but on the following Monday Senator Wilson let himself loose. There was no quorum in the Senate, and .the introduction of a few bills was followed by an immediate. adjournment. However, immediately after the reading of the journal the senator from. Madison arose to speak on a question of. privilege. He supported the motion by stating that Senator Wallace was one .of the five, senators who voted against the bill on its passage, and therefore, under the rules, could not make a motion to reconsider. He charged that Wallace had exceeded the bounds of, his duty in trying to legislate for Madison county, and thought there was something queer in the position the senator. from Franklin assumed on the question. Senator Wallace angrily retorted that he, did not have to plead his honesty.; his, actions spoke for him, and that he had a perfect right to come to the defense of the persons opposed to the bill. the senator. from. Madison


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represented the other side. He made the point of order that the question as to his right to move -the reconsideration should have been brought up and determined at the time the motion was made, and that if the journal correctly reported the day's proceeding it could not be corrected. The chair ruled against the point of order, and Mr. Wilson's motion carried, and the matter was stricken from the journal. This disposed of the question and the court house bill became law.


New bids were advertised for and were promptly received, being opened on May 15, 1890. The contract was let to the lowest bidder—Doerzbeck & Decker, of San. dusky, Ohio, for $127,000. These people had built the court houses and jails at Circleville and St. Clairsville and the sheriff's residences and jails at Ashland and Norwalk, and a few of the buildings at Oberlin College. The contract was approved on May 1, 1890. County Engineer Clint Morse was appointed to represent the county as superintendent of construction. The contractors sublet the brickwork to James Self, of London, -who had' received from the commissioners the contract for taking down and removing parts of the old court house.


On April 9, following, the commissioners had purchased the west half of lot No. 40, of Mrs. Sarah J. Dresback, for fifteen hundred dollars, and on April 19, the northeast portion of lot No. 40 from William Gamlin and Mrs. Catharine Hardman) for five thousand seven hundred and fifty dollars. Work on the construction of the new building began on June 5, and progressed nicely, although the contractors had, a little trouble with" striking stone-cutters and stone-masons in early July.


LAYING OF THE CORNER STONE.


The corner stone was laid on Saturday, October 4, 1890, with the full Masonic ceremony for the laying of corner stones of public buildings; Chandler Lodge No. 138, Free and Accepted Masons, of London, having complete charge of arrangements. About one-thirty o'clock on the afternoon of the above mentioned date the procession formed, marching in the following order : Barracks band, Mt. Vernon commandery, Columbus; Palestine commandery, Springfield; Leonore lodge, Sedalia ; Urania lodge, Plain City ; Mt. Sterling lodge, Mt. Sterling; Madison lodge, West Jefferson; Chandler lodge, London; Grand Tyler M. W. Dungan, With drawn sword; Grand Stewards J. T. Vent and W. A. Jones, with white. rods; a. past master, P. Speasmaker, with a golden vessel containing corn; the principal architect, J. H. Decker, with square, level and plumb ; two past masters, J. C. Peck and William Chandler, with silver vessels, containing wine and oil.; Grand Secretary S. J. Paullin and Grand Treasurer J. C. Bridgman; one large light, borne by Past Master George H. Rowland; the Holy Bible, square and compass, borne. by .Preston Adair ; two large lights borne by two past masters, T. J. Stutson and William A. Athey ; the grand chaplain, Rev. J. W. Dillon; grand wardens, senior, James B. Sprague, junior, Jeriah Swetland; Deputy Grand Master Levi C. Goodale; grand deacons,: with ‘black rods, H. G. Jones and 0. P. Converse, and Grand Master Leander Burdick.


During the parade large crowds of people assembled at the court house and took advantage of every available point where it was possible to witness the ceremonies. A platform had been erected for the grand lodge near the northeast corner, and the stone to be laid was held suspended by block and tackle supplied with a steel cable. Above and surrounding the platform, a temporary flooring had been laid and seats provided for the band, members of the order, ex-county officials, ladies and other citizens.


At three o'clock the procession halted at the court house and the grand officers and others took their assigned places. After music by the band, Grand Marshal Crabbe, by order of the grand master, commanded silence and announced that the ceremonies would now begin. He asked undivided attention to the invocation of Right Worthy