318 - HISTORY OF MADISON COUNTY.
CHAPTER VI.
EVENTS LEADING TO THE CREATION OF MADISON COUNTY-DARBY TOWNSHIP
-MADISON COUNTY ERECTED-SURVEYS OF BOUNDARY LINES-FIRST ELEC
TIONS-EARLY LICENSE RATES AND LICENSES-PIONEER LISTERS
WOLF SCALPS-TAXATION AND EXPENDITURES-COUNTY SEAT AND
COUNTY BUILDINGS-FIRST COURT HOUSE AND JAIL-SECOND
COURT HOUSE AND JAIL-PRESENT BUILDINGS-PRISON
BOUNDS-COUNTY INFIRMARY, ETC.
AFTER the erection of Franklin County, the territory embraced therein was subdivided into four townships, and from the records at Columbus we have obtained the following information. 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 of 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 of 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, 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 Mate. There were four candidates, viz.. Michael Baldwin, William McMillan, Elias Langham and Jeremiah Morrow. Darby Township cast its full vote, viz. twenty-two, for McMillan; and although Franklin County. cast 130 votes, Jeremiah Morrow, who was elected to represent Ohio in the halls of Congress, received but two votes from that county.
At a session of the Associate Judges of Franklin County, held January 10, 1804, we find the following 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 of the territory, subsequently erected into Madison County. At this time a living stream of settlers was pouring into the country west of 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, tile Legislature passed an act February 1 , 1810, through which a new county was create 1, and named in honor of the illustrious James Madison, fourth President of the United States, who was then at the head of the Government.
HISTORY OF MADISON COUNTY. - 319
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 of 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; thence west with said line, to the line of Greene County; thence north with the line of Greene, to Champaign County line; thence with 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 : Pro riled, that all actions and suits which are, or may be pending, or instituted in the county of Franklin, before the first Monday of March next, shall be prosecuted and carried into final judgment and execution, and all taxes which shall he now due, shall be collected as though this 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 provisions 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 the. house of Thomas Gwynne in said county of Madison. This act shall take effect and he 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 of 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 of 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 of 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 of interest to the general reader to know of the many acts passed establishing and changing the county lines, and we, therefore, give from official records the different surveys and changes since the erection of the county.
320 - HISTORY OF MADISON COUNTY.
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." 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 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."
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 of 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 of 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 of running and marking said line.
Under an act passed 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 of y 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 this act and inconsistent with the same were declared repealed. We again find it enacted 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 of March, 1845, the line between Madison and Franklin Counties was changed by making Big Darby the boundary from the southeast corner of Survey No. 2677, in Jeffer-
HISTORY OF MADISON COUNTY. - 321
son Township, to the southeast corner of Survey No. 3313, in Canaan Township, and thus the lines have since remained.
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 we refer the reader 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 of the county had not been surveyed, the legislative act of creation alone establishing the boundaries thereof. On the 31st of July, 1810, the 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 of Champaign, at the house of Christopher Lightfoot, near their 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 delivered 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 to Patrick McLene September 13, 1810. 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, we here give a verbatim record of the survey as transcribed in Patrick McLene's own handwriting
"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 eighteen 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 Road 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
322 - HISTORY OF MADISON COUNTY.
70 poles, Springfield road to Chillicothe ; sixteen miles 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 Massie's Creek ; thence N. 3° W. nine miles and 87 poles, to a stake in Champaign County line, crossing a branch of Massie's 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. 87° 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. 3° 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 7 6 poles, 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 poles; 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 were Isaac Hudson, Walter Watson, Joseph Brown, Abraham Denton and Samuel Brown, while the markers were Skinner Hudson and Abraham Watson. In ascertaining the center of Madison County, Benjamin Strong and Henry Warner served as chain carriers. Patrick McLene was paid the sum of $82.50 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 81 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 such survey was evidently intended to be transcribed.
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 we find 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 22nd inst to survey the line between the county of Madison and the county of Union. We began at the old line dividing the counties 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
HISTORY OF MADISON COUNTY. - 323
beech twenty inches in diameter bears N. 20 E., twenty-two links distant, and an elm six inches in diameter, bears S. 32 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. 85 E., twenty-one links distant."
The line between Madison and Clark Counties was still unsettled, and we find on the records bearing date June 11, 1824. 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, 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 61° east, crossing Chillicothe street at right angles. Chillicothe street runs south 29° 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 corner 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 Post road ; a small ash for the first mile tree, a sugar tree for the second, a beech for the third mile-David Chapman, Surveyor."
324 - HISTORY OF MADISON COUNTY.
FIRST ELECTIONS.
At the first election held in Madison County on the first Monday in April, 1810, John Moore and John Arbuckle were Judges of Election in Deer Creek Township, receiving $3 each for their services, the latter being paid $1 extra for taking charge of the poll book. Luther Cary was paid $2 for acting as Judge of Election in Darby Township, while Abraham Denton and Bazil Hunt were allowed $2 and $1 respectively for a similar service in Stokes Township. Elias Langham and Patrick McLene were paid $1 each as Judge and Clerk of the Election in Union Township, and R. Soward was allowed $2 for bringing three books and five quires of paper from Chillicothe for the use of Madison County.
We find from the records that an election was held in many of the townships 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 $1 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 $1, while William Ross was allowed 75 cents for making a ballot box for the use of Deer Creek Township.
The regular annual election took place October 9, 1810, when William Frankabarger, Thomas Gwynne and William Blaine were Judges in Deer Creek Township, with John Pepper and Charles L. J. Atchison as Clerks. In Darby Township, Samuel Mitchell, Luther Cary and Samuel Robinson served as Judges, with James Ewing and Thomas 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 ; while the Clerks were Elias Langham and Patrick McLene. The Pleasant Township Judges were For-us Graham, Enoch Thomas and John Smith ; the Clerks, Samuel Dawson and David Long. In Stokes Township, the only name we find on record is 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 that wealth and intelligence which characterizes its people to-day. Those Judges and Clerks were each allowed for their services the small sum of $1, while the Judge who took charge of the poll book was paid $1, or sometimes $1.50 extra. At this same election, John Moore, Sheriff of Madison County, was allowed $1 for taking the abstracts of the votes to Franklin County, while Robert Hume, Clerk and Recorder of Madison County, was paid $5 for his services in opening the election returns. Thus the reader can compare the official compensation of the pioneer days with that of to-day, 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.
PAGE 324 - BLANK
PAGE 325 - PICTURE OF JOHN W. BYERS (DECEASED)
HISTORY OF MADISON COUNTY. - 327
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, $I; 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 Gwynne 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 re-issued 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 we deem it worthy of a place 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, 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 of 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 William 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 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.
328 - HISTORY OF MADISON COUNTY.
As a matter of historical interest to the descendants of the pioneer fathers and mothers of Madison County, we transcribe the following items from the records of the Court of Common Pleas. At the November term, 1811, " on application of the Rev. For-us 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 marriage 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 found upon the records, and demonstrates that ministers had to obtain the consent of the State ere they could lawfully perform the marriage ceremony therein.
PIONEER LISTERS.
We find on the Commissioners' docket, a record of the first appraisement of property in Madison County, and cull therefrom the f flowing items : "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' work in Darby; Thomas Foster, $3,121 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 paid $27 for eighteen days' services in doing said work.
WOLF SCALPS.
In the early settlement of the Scioto Valley, one of the greatest nuisances to the settlers were the large number of wolves infesting the country. These pests, although not specially dangerous, were continually killing the smaller and younger stock of the pioneer, so that it became a necessity to enact laws whereby to rid the settlement of them. At a meeting of the Commissioners held 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 82 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, when 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.
HISTORY OF MADISON COUNTY. - 329
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. we here give a verbatim report 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 also adopted for the years 1811, 1812 and 1813.
" August 20, 1810. delivered the duplicates of the State tax to John Moore for collection, and the amount of said tax appears as per the duplicates delivered to me by the different listers $359, 47 cents. 3 1/4 mills." Under the same date we find the following : . 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 cents, 4 mills, and the county tax $357.65. In 1812, the State tax was $353.49, and the county tax $535.57. The first settlement was made with the County Treasurer, Thomas Gwynne, June 11, 1811, the journal reading as follows on that date: " This day came to a settlement with the County Treasurer, and received orders to the amount of $534.70, 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 $526. 66 cents, 5 mills, and for 1811 $1.179. 74 cents, 4 mills, making the total expenses for the first two years of the county's existence $1,706, 40 cents, 9 mills. The reader can readily discover that the business of Madison County was run on a very economical basis during its early career. The population was small, money scarce, and to use the phrase of an old pioneer, "a dollar looked as big as a cart-wheel." There was no extravagance, because such a thing was impossible, and where there was no money, it could not be spent. This then was the reason why economy prevailed, and not that men were more upright or honest than they are to-day. All honor to those fathers who guided the affairs of Madison County in her infancy, and honor to their sons who have so worthily taken their place, and preserved their fair fame in their own lives.
COUNTY SEAT AND COUNTY BUILDINGS.
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 had previously been selected by John Pollock and George Jackson, who were paid $14 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 $20 for his services in laying off the town ; while two days were spent by John Arbuckle in selling lots in the new county seat,
330 - HISTORY OF MADISON COUNTY.
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. We have no opinion to venture upon the subject, as there is nothing upon record to determine its exact location, and as we have given the main points connected with its history, 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 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 April 9, 1811, and August 19 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 inlots. 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 September 13. 1811. and the lots sold by Patrick McLene, or under his direction. After this occurred, 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 off said town, as well as for viewing and marking roads leading thereto. For further particulars of this event we refer the reader 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, and we find that Curtis Ballard was paid the sum of $2 "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 former was a two-storied 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 site of the Farmers' Hotel, immediately west of the present court house, cost $170, and was received by the Commissioners 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, we read, " 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." We find upon record in the Clerk's office the following item which makes it probable that this building was used as early as November of that year : "The November term of the Court of
HISTORY OF MADISON COUNTY. - 331
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 we have heard A. A. Hume remark 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 also 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 debtor's prison ; while access to the lower story was obtained through an iron trap door in the floor of the debtor's 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 tile court house, on the west side of the present building, and cost $270, the last payment of $10 being made to Mr. Langham June 7, 1814.
In 1814 and 1815, considerable repairing was done to the court house and jail. We find that in July, 1814, Joseph Russell was paid $40 for repairing the court house, and in \larch, 1815, William Turner was allowed $50 for building a chimney to the same. Throughout the latter year $284,62 1/2 was expended in repairs on these buildings, besides the above amounts. One item of $17 was paid Joseph Warner " for chinking and daubing the court house." Truly this house of justice was a modest one, and in keeping with pioneer times, yet the law was, doubtless. expounded as logically, and even-handed justice meted out with as much dignity as it is to-day in the beautiful temples of law which adorn nearly every county seat from' the Ohio to the Lake.
SECOND COURT HOUSE AND JAIL.
As the population and wealth of the county increased, it soon became evident that the old county buildings were not in harmony with the general progress of the county, and that new and more modern ones were necessary. So in 1816, the Commissioners entered into a contract with Nathan and Benjamin Bond, toward erecting a new court house. The work was pushed as rapidly as circumstances would allow, and soon a two-storied brick building stood on the site of the present one. It was in shape nearly square, and faced both streets. Philip Lewis was appointed by the county as Superintendent of construction, and the cost of the building was $7,370.00, while the interest on the balance due, the Fainting, fencing and other extras, ran the cost up to $7,782.02, the last payment being made in 1826.
In 1829. a brick jail was erected on the southwest corner of the court house lot facing High street, and cornering upon the alley. It was a two storied building, containing four rooms, two in each story, and cost $832. The contractors were J. Warner and James Rankin. The Jailer lived in the two front rooms, the two others being used as cells. The jail was not fully completed until 1830, when it was ready for the reception of prisoners.
The offices of the Treasurer and Recorder were in a one story brick, between the court house and jail, on High street, while those of tile Auditor and Clerk were in a similar building north of the court house. on Main street. The Sheriff's office was in a small frame structure, which stood between the court house and the offices of tile Clerk and Auditor. These
332 - HISTORY OF MADISON COUNTY.
buildings were erected by Amos G. Thompson, at a cost of $294.50, Nathan Bond being paid $34 for extra work on the same. They were all small, cheap structures, but answered admirably the purposes and times for which they were built.
In November, 1830, Robert Hume bought a bell for the court house, at a cost of $105.60. The ironing and hanging cost $31.75, and was done by Robert Hume, William Jones and Nathan Bond. This is the same bell now in use in the belfry of the present court house, having performed its mission for more than half a century.
THE PRESENT BUILDING.
On the 9th of June, 1853, the Commissioners, Henry Alder, John Garrard and John T. Maxey, opened the bids received by them towards erecting a new court house, the old one having previously been condemned by the Grand Jury. Bids were received from Messrs. Gould, Biddle. Hills, Turnbull, Carey, Scott & Reese, Strain and Simpson. On the 10th, after a due examination of the several bids, the contract was awarded to A. E. Turnbull. On the 21 of August, the contract was completed and closed, in which the contractor agreed to build said court house, as per contract and specifications on file, for the sum of $213.975, and to have the same completed in good style by the first day of July, 1855." It was ordered to be erected with the front facing Main street, and placed in the middle of the lots originally set aside for court house and jail, with the steps commencing at a distance of six feet from the southwest line of Main street, and northeast line of the lots.
The old buildings were ordered to be sold on June 24, 1853, and on that date E. W. Turner, auctioneer. sold the court house to William Gould, John Warner and J. F. Freeman, for S77. The county offices and jail not bringing prices sufficiently large were withdrawn from the sale. On November 2, they were again put up for sale. William Turner being the auctioneer. The Treasurer's and Recorder's offices were sold to Joseph Chrisman for $37 ; the Auditor's and Clerk's offices to David Haskell for $34 ; the jail to James M. Thompson for $50 ; the inside pavement to -Nathan Bond, for $6.50 ; the old hook and ladder shed which stood in the rear of the jail, to Joseph Warner, for $2 ; the fence around the lot to J. C. Kemp, for S3 ; while the Sheriff's office which was not sold until December 5, brought, including the stove, $35, and was purchased by William Jones.
The county officials were compelled to find offices elsewhere, and November 2, John Rouse, the Auditor, was authorized by the Commissioners to rent of George Phifer the two southwest rooms on the second floor of his new brick building, for the use of the Auditor and Treasurer, which was accordingly done, at a rent of $45 per annum. This is the same building in which Wolf's clothing store is now located. The clerk made his office in his house ; the Recorder, in a small log building which had been weatherboarded and which yet stands on the south side of High street, between Main and Union, while the Sheriff did without an office until the new building was completed.
On the 8th of March, 1854, a petition was presented to the Commissioners praying that the plans of the court house be so changed as to have two main fronts, one on each street, which prayer was granted ; and at a
HISTORY OF MADISON COUNTY. - 333
meeting held March 23, they decided to change all former plans as to position, front, etc., and to alter the same so far as to make the size 68x68, with two fronts, one on each street, in harmony with said petition. It was to contain six fire-proof rooms attached to the various offices, in which the records were to be preserved. In January, 1856, the building was ready for occupancy and on the first day of that month the Auditor and Recorder moved into their new offices, the balance of the officials soon following their example. The fence around the lot, together with the outbuildings were the next necessary improvements, but much opposition had been developed toward the expenditures already undergone, and some of the Commissioners had resigned in consequence. Many of the people were, therefore, opposed to putting up an iron fence around the building, looking upon the scheme as an act of extravagance. Prominent in this class was Harvey Fellows, one of the Board of Commissioners, at the time, while the other two. Edward Fitzgerald and David Haskell were in favor of the iron fence. The Recorder, William Love, was something of a wag, and getting up the following fictitious bid sent it through the post office addressed to the Board of Commissioners.
March 1, 1856.
I propose to build the fence around the Court House att the following rates, furnish good white-oak rails at $3 a hundred, and put them up ten rails high with stakes and riders, two pair of bars at $1. and paint them red for fifty cents extra.
Reference JOHN BETTS Signed H. P. KITS.
MIKE BERRY.
It is needless to say that this amusing proposition demoralized the opposition and the contract was awarded to John F. Dodds & Co., of Dayton, Ohio, to build an iron fence around the court house and erect necessary outbuildings, at a cost of $4,903, which was carried into effect and the entire work done in a satisfactory manner. The court house, fence and outbuilding, made a total cost of $31,878. In March, 1857, the shade trees on each front were planted antler the supervision of A. A. Hume, and add much to the appearance of the structure.
The building as it stands to-day, presents a very creditable outward appearance which the interior does not justify. It is three stories in height and surmounted by a cupola, the second story being reached by a flight of stone steps from both Main and High streets. The Auditor's office is in the first story facing Main and High ; the Treasurer's office is in the northeast corner of the building on the first story, anti faces Main ; the Recorder's office is in the southwest corner of the building, also on the first story, and faces Hirth; the Clerk's office is immediately above the Recorder's, in the second story; the Probate Judge's office is in the same story, directly over the Treasurer's. while the Sheriff hat, an office cut off from the large center hall, but it is 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, are two large stone pillars gracing each flight, and supporting the roof above the alcove formed at the head of each. In the third story is the court anti jury rooms, while on the first story, in the northwest corner of the building is the jail and Jailor's residence. None of the offices in this building are what they should be in this progressive age. They are small, unhealthy and wholly inadequate to the amount of business now transacted in them.
334 - HISTORY OF MADISON COUNTY.
PRISON BOUNDS.
When the Colonies proclaimed their independence and shook off the grasp of tyranny, a relic of English barbarism, known as imprisonment for debt, was engrafted into the laws of the young republic. This law was an outrage upon honest poverty and was the cause of untold misery. The prisoner confined for debt, upon giving good security to his creditors, was allowed a certain defined limit outside of the jail in which to exercise his manhood, and this limit was known as the prison bounds," but by crossing this line he forfeited his security, and, therefore, his liberty. In 1799, a law was passed in the Northwest Territory, making 200 yards, in any direction from the jail, the prison bounds. In 1800, this was increased to 440 yards, and reduced to 400 in 1805. In 1821, the corporation line became the boundary, and in 1833, it was extended so as to embrace the whole county. Thus it remained until the adoption of the new constitution, when this relic of a feudal nation was erased from the statutes of Ohio.
From the proceedings of the Court of Common Pleas, held by the Associate Judges February, 1815, we have culled the following item : Ordered that the prison bounds of the county of Madison shall be and that they are hereby established by and with the outlines of the town plat of London. in the county aforesaid, including the outlots, unless the said plan of said town should be too large for prison bounds as are directed by law ; in that case, the said prison bounds shall be laid off to the limits of the law, making the jail of said county the center thereof, and ordered that Patrick McLene, Esq., County Surveyor of said county of Madison, be, by the Clerk, notified to run, lay off and mark sufficiently said prison bounds, by blazing, putting up posts, etc., so as to make the said bounds plain and easy to be found and discovered, and that the said surveyor make return thereof to the next term of this court." In compliance with this order, the prison bounds were established by Patrick McLene June 19, 1815, and ran as follows : "Beginning at the south corner of Outlot No. 11, which is the graveyard, running thence west until the line strikes Glade Run, above William Pinkard's tanyard; thence down said run, with the meanders thereof, until it intersects with Oak Run ; thence down Oak Run, with the meanders thereof, to the south corner of Lot No. 18; thence S. 57° E., 53 poles, to the north corner of Outlot No. 1 ; thence N. 56° E., 46 poles, to Main street, including George Thompson's pottery shop; thence N. 36° E., 50 poles, to the west corner of Outlot No. 6 ; thence N. 45° W., with the range of Outlots No. 7, 8. 9 and 10, 92 poles to the beginning." These bounds were enlarged, in 1821, to the corporation limits, and in 1833 to the boundaries of Madison County, which was in harmony with the laws enacted in those years. With the progress of civilization, all such laws as imprisonment for debt become obnoxious to the spirit of enlightenment and humanity which civilization engenders, and are therefore annulled as they ought to be.
COUNTY INFIRMARY.
Throughout the pioneer clays of Madison County, each township supported its own poor, but finally the duty devolved upon the county, and private individuals were engaged to support indigent persons, or paid for doing so. In September, 1857, the County Commissioners appropriated $15,000 toward purchasing land and erecting suitable buildings for a County
PAGE 335 - PICTURE OF JAMES LILLY (DECEASED)
PAGE 336 - BLANK
HISTORY OF MADISON COUNTY. - 337
Infirmary, provided, however, that the county vote in favor of said appropriation at the following October election. Whether or not the Commissioners action was ratified, we are unable to say, but nothing was done toward establishing the Infirmary for more than six years subsequent to that event. On the 9th of June, 1864, the Commissioners purchased 110 acres of land from Jesse Watson and James Q. Minshall, paying for the same $95 per acre. It was located immediately south of London, and a portion of it is now inside the corporate limits. Fruit trees were planted, fences built and the property somewhat improved, but no buildings were erected, nor was it ever occupied for infirmary purposes, and was finally sold.
The present farm was purchased June 6, 1866 from James Rankin. Jr., and originally contained 68 1/4 acres of land, for which they paid $75 per acre. Additions have since been made and they now have a farm of 105 acres. The Commissioners met July 2, 1866, and appointed three directors, viz.: J. W. Carr, William Cryder and Richard Baskerville, and they in turn, subsequently, appointed G. W. Darety as Superintendent of the Infirmary. He took possession of the frame house standing on the farm, when purchased, July 17, 1866, and July 31, the first inmates were admitted. On the 3d of August, 1866, bids were advertised for the erection of a lunatic building," and September 3. the contract was awarded to Ginn & Henry, of Cedarville, to be completed November 5, at a cost of $4,999. On the 6th of November, the contract for erecting a new Infirmary building was given to the same firm, at a cost of $18.000. After the erection of this building, it was found very imperfect, and prior to its completion it was discovered that the contractors were not doing the work according to contract. It was found absolutely unsafe, and August 31, 1868, was condemned by Anderson & Hannaford, architects, of Cincinnati, whom the Commissioners called upon to examine the structure. The board then took the matter in hand, remodeled and strengthened the building wherever necessary. and carried the whole to completion. Mr. Darety continued as Superintendent, and moved into the new building January 11, 1872. In August. 1873. Isaac Curl succeeded Mr. Darety, and served until April 1, 1875, when William M. Jackson became Superintendent, and he, in turn. was succeeded by J. Smith Davidson, April 1, 1877, who has since occupied the position.
In 1872, Samuel P. Davidson. one of the Infirmary Directors, was employed by the Commissioners to lay off the grounds surrounding the new buildings, and make such improvements as were necessary to the comfort, convenience and attractiveness of the institution. He drafted a plan of the grounds, which the Commissioners approved. In front of the building the landscape was laid off twenty yards square, with a heart shaped driveway from the gate to the main entrance of the building, and cutting this figure in two is a gravel walk from the gate to the front door of the Infirmary. Within the driveway, flowers, shrubbery and ornamental trees decorate the grounds, while surrounding it are planted fruit trees and various kinds of evergreens. giving to the whole a handsome appearance, and reflecting much credit upon its worthy projector, as well as upon the county whose generous munificence has created this asylum for poor, suffering humanity.
The building is of brick, with stone foundation, 45x108 feet in size, four stories high, with a rear wing 32x45 feet, and of the same height as the main structure. The basement, or first story, contains nineteen rooms ;
338 - HISTORY OF MADISON COUNTY.
here are located the kitchen, bakery, laundry, children's dining room, milk house and storage rooms, also the engine and boilers which heat the building throughout. Each of the other stories contain twenty rooms. On ascending a flight of stone steps from the driveway, you reach the first floor above the basement, which contains the Superintendent's office and reception room, two dining rooms, and sixteen, bed rooms for the inmates. The central and western portion of the next floor is occupied by the family of the Superintendent, the rest of it being used for inmates' bed rooms, bath rooms, and a clothing room wherein the wearing apparel of the inmates is kept, neatly folded away for their use, whenever they need it. The top floor is divided into bed rooms for the inmates and the help engaged at the Infirmary. There is also located on this floor a school room, where the children stopping at the institution have regular instruction, by a competent teacher, employed for the purpose. The building contains three cells, in which insane inmates are confined when such a course is necessary. Close to the rear of the main structure, stands a brick wash-house, a brick smoke-house, a frame ice-house, and all other outbuildings common to such institutions.
The farm lies about three miles and a half southwest of London, in Union Township, and is located between the Jefferson, South Charlestown, & Xenia Turnpike, and the Pittsburgh, Cincinnati & St. Louis Railroad. It is the highest elevation between London and Cincinnati, and possesses an excellent soil. The water is unequaled in the county. and contains splendid tonic qualities; while the premises at and around the Infirmary have wells and pipes from which it flows constantly, yielding a never-failing supply for all purposes. The farm is well improved, contains an ice pond, has an orchard of several acres of the finest varieties of fruit trees, is kept in the best condition possible, and for a healthful, pleasant location cannot be surpassed anywhere in Madison County. The present Directors are Preston Adair, Isaac H. Hambleton, and John Gilliland.