USA > Ohio > Cuyahoga County > Cleveland > A directory of the cities of Cleveland & Ohio, for the years 1837- 38 : comprising historical and descriptive sketches of each place > Part 3
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Subsequent to the drafts and division among the propri- etors in 1798, a number of the owners of lands prepared
15
HISTORY. OF CLEVELAND.
them for market. In 1799 some settlements were com- menced at Conneaught, Grand River, Mentor, Warren, Youngstown, (the whole of which township, 2, range 2, had been previously purchased by John Young,) Poland and other places, and those at Cleveland progressed slowly. But the emigration to the reserve could scarcely be said to have commenced until the spring of the year 1800, when it commenced in good earnest, and settlements were rapidly made in various townships on the east of Cuyaho- ga. The agent of the company also made some sales in the six townships before described, and commenced selling lots in Cleveland soon after the drafts and division of land in 1798. It will be recollected, however, that the country from the western boundary of the survey of the city platt, was an uninterrupted Indian country to the western ocean. On the north was first, Lake Erie, and then the wilderness of Canada ; on the north-east, but a very sparse population this side of the Genesee country ; and upon the southern direction but few inhabitants on the north-west- erly side of the Ohio River-and as might have been rea- sonably anticipated, the city did not increase in popula- tion very rapidly, yet it increased steadily ; and between the year 1798 and Dec. 28, 1802, the agent had contract- ed to sell to individuals, most of the lots on Water street and Superior street, westerly of the public square. The names of persons who had deeds from the trustees, on contracts made with the directors, are in SMALL CAPITALS in the subjoined table.
In December, 1802, the company came to the resolution that they would divide among the owners of the stock the unsold land in the aforesaid six townships, including the unsold lots in Cleveland, embracing more than two-thirds of the city. They had previously caused the remaining parts of said townships to be surveyed into what was usu- ally called thousand acre tracts-some containing more and some containing less than that number of acres-and to the less valuable tracts they added lots in the city of Cleveland to make the tracts of equal value. Thus arran-, ged they had 90 parcels for distribution, (90 -:- 1,200,0000
16
HISTORY OP CLEVELAND.
=13,333,33,) which gave thirteen thousand three hun. dred thirty-three dollars and thirty-three cents for a draft. And be who owned that much stock was entitled, if he chose, to draw a tract and its annexation in severalty- and was then entitled to a deed for it from the Trustees. Those owning smaller amounts had necessarily to combine, and make their draft in common among those who combi- ned; and they collectively held the land and lots drawn in severalty as respected other members of the company. In this manner the greatest portion of the lots in the City was divided, as stated in the table below. Some few of the lots, however, remained on hand unsold, or had fallen back from contracts, and were not divided until the last division of property among the Company in the year 1809.
The following tabular statement exhibits the names of nearly all the persons who first obtained title from the Trustees of the Connecticut Land Company, Caldwell, Morgan and Bruce-with the relative proportion of the ownership, according to original purchase money when lots were drawn in common.
TABLE OF THE ORIGINAL OWNERS OF LOTS IN THE CITY OF CLEVELAND.
SAMUEL HUNTINGTON, No. 1 to 6;Samuel W. Phelps, 63
Caleb Atwater, 7 to 24, inclusive, Joseph Perkins, 13,959 )
LORENZO CARTER,
25 to 30 John Kinsman, 1,117
Caleb Atwater,
31 to 36 Tracy & Coit, 7,056
64 to 72
Ephraim Root,
37 to 47 Will Eldredge, 2,000
inclusive.
Elijah Boardman, 19,911,45 )
Homer Boardman, 2,050,00
Jonathan Gidings;
1,200,00
Zephiniah Briggs, 200,00
Roger Skinner, 425,55
David S. Boardman, 2,500,00 }
26,087,00
Ezekiel Holly.
49 to 51 Judson Canfield, 10,442.75
DAVID CLARK, 52, 53 James Johnson, 2,216,25
LORENZO CARTER,
54|David Waterman, 216,25
Joseph Howland,
55, 56, 57 Nathan'l Church, 2,211,25 58 Nathan'l G. Ingraham, 226,67
CHARLES DUTTON,
JAMES KINGSBURY,
59, 60|Sylvanus C. Griswold, 20,16 ] 61
SAML. HUNTINGTON,
Joseph Howland,
62
13,333,33
48
ELIPH. AUSTIN, n. p., SAML. HUNTINGTON, S. P., 73, 74
SAML. HUNTINGTON, 75, 76 Wyles, Thorndike & Prescott, 77 SAML. HUNTINGTON, 78
John M'Lellen, 176
Daniel Tilden, 1,200
Jabez Adams, 586
HISTORY OF CLEVELAND.
17
SAML. HUNTINGTON,
80 to 84|Oliver Phelps, n. part, 187 to 190
SAML. P. LORD, Jr.
85 to 87 Oliver Phelps, .182 to 186
William Shaw,
88 to 96 SAMUEL HUNTINGTON, 191 to 194
SAML. P. LORD, Jr.
97 .to 99 Richard W. Hart, 3,000,00 1
Will Shaw, [00 to 133 William Hart,
462,00
Saml. Parkman,
134 to 139 Samnel Mather,
6,500,34
John Bolls,
6,630,00 }
E. & M. Austin,
2,548,67
Will. Eldredge,
2,000,00
Will & Jos. Battell,
31,19
Thos. Lloyd, Jr.
2,400,00
Philip Shaw,
133,00
Thos. Jas. Douglass, 2,000,00
Stephen Knowlton, 635,36
Tallmadge & Wolcott, 303,33
Sylvanus C. Griswold, 2,77,
13,333,33
13,333,33
Asher Miller,
ยท 145 to 153
LORENZO CARTER,
197 to 201
Ephraim Starr,
5,100,00
Do. part 902,203
Benj. Tallmadge,
1,800,00
Do. 204, 205
SAML. HUNTINGTON, S. P. 206
Do. 207 to 210
and the point, s. side Div. Street
13,333,33
SAML. P. LORD, Jr. 211, 212
Asher Miller,
156 to 160 Oliver Phelps,
Martin Sheldon & others, 161, 162 Martin Sheldon & others,
Asher Miiler,
163 to 169 Oliver Phelps,
217 to 220
170 to 177 Amos Spafford, 9 acres n. part of
AMOS SPAFFORD, 179 to 181
the point.
AMOS SPAFFORD, S. part, 187 to 190|
$2 154, 155
Enoch W. Thayer, 1,200,00
Tallmadge& Wolcott, 2,223,33
139 to 144
195, 190
It will readily be perceived by every person in the least acquainted with land operations-particularly as connect. ed with the improvement of a town-that the manner of dividing the lots among the members of the company, most of whom resided at 600 to 800 miles distant, and but few of them residing in the vicinity of each other, being scat- tered throughout all parts of the New-England States, and in many other parts of the United States, must have been a ruinous measure to the prosperity of almost any town ; certainly no town could have overcome the evils attending such a measure which did not possess strong and decisive natural advantages to aid it. It will moreover be perceiv. ed, that those who purchased as individuals from the agents of the Directors, were not all residents of the city. For many years there were no facilities for the sale of the lots. When a purchaser appeared and found a lot to suit his fan- cy, it was doubtful if he could ascertain who owned it. When he had ascertained who was owner, the chance was
213 to 215 216
Oliver Phelps,
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HISTORY OF CLEVELAND.
the owner was 600 or 1,000 miles distant. Perhaps he had pitched upon a lot owned by half a dozen or more- not improbable some of them dead and their share descen. ded to minors. Under all these accumulated circumstan- ces Cleveland was still known and held her way moderately onward.
As hinted above, a treaty was held at Cleveland July 4, 1805, by which the Indian title west of Cuyahoga was ex- tinguished. The land was surveyed into townships in 1806, and on 2d April, 1807, divided among the members of the Company by '46 drafts or parcels, $26,097 original purchase money constituting a draft. Settlements com- menced shortly afterwards west of the river. None of the lots in the city, however, were distributed or affected by the latter division among the Company. There however, remained a few lots in the city, some fragments of land in Mentor and other parts of the six townships, a fraction of land on the west of the 19th range called surplus, with sun- dry bonds and notes which had been taken by the Direct- ors for land sold-and on the 5th day of January, 1809, the Directors made a final distribution among the Compa- ny of what remained of their property on hand. The same persons drew in the same proportions as in 1807. At this time lots 48, 79, 64 to 72, 37 to 47 and 161, 162, and 216, were drawn for-and finally completed the distri- bution of the lots in Cleveland.
Trumbull county was divided by act of the legislature of Ohio, 31st December, 1805, and Geauga erected-and was organized March 1, 1806. There justice was admin- istered to the good citizens of Cleveland City until May 1,1810,when Cuyahoga county was organized, which, how. ever, had been erected Feb. 10, 1808. The seat of justice was established at Cleveland, which had continued to pro- gress and to develope its natural capacities as a place of business. Nothing happened out of the usual course of things except the hanging of an Indian, until the con- mencement of the war in 1812. During the years of the war there was much bluster, coming, going and prading, ups and downs, anxiety and carelessness in Cleveland .-
19
HISTORY OF CLEVELAND.
But when war was over, the city was found not much the better or worse. Many, however, became acquainted with its pleasant location and its advantageous situation, which otherwise probably would have remained ignorant of them.
It has been omitted in the proper place to notice, that Amos Spafford, under the direction of Judge Kirtland, the agent of the company, retook the minutes of the suryeys of the lots, set large posts at the intersections of streets, made some alterations of Union and Vineyard Lanes, laid out Superior Lane and abandoned Maiden Lane. A state- ment of this survey was made in an informal manner, and placed on record in Trumbull county, February -, 1802 ; a law of the territory having been passed requiring town platts to be recorded.
By an act of the legislature, passed Dec. 23, 1814, that part of the original city platt, bounded by Erie street on the east and Huron street on the south, was incorporated by the name of the village of Cleveland, and the corporate powers vested in a President and 'Trustees. These were administered not materially different from the manner such powers usually are. They had authority to lay new streets, and occasionally exercised it. In 1816 they established Euclid street, St. Clair street and lane, Bank street, Wood street and Bond street, and a street round the public square. In 1825 the Ohio Canal was established, terminating at Cleveland, which gave an impetus to the growth and pros. perity of the place, and may be considered an era in its history. Its corporate powers were enlarged, and, as the several acts say, from time to time, amended. Sundry things were done-sundry hills and streets were graded, to the great satisfaction of some and dissatisfaction of others. Some 6 to 8 thousands of inhabitants had come together from the four winds-some wished to do more things, and some wished to do things better ; and to effect all these ob- jects, and a variety of others, no means. seemed so proper as a City Charter in due form and style, which-was peti- tioned for and obtained March -, 1836, with extended boundaries.
On April 11th, 1836, the City of Cleveland was regu-
20
HISTORY OF CLEVELAND.
larly organized, and its present worthy chief magistrate, the Hon. JOHN W. WILLEY, elected Mayor, with a City Council.
-Dofoam
AN ACT To Incorporate the City of Cleveland : PASSED MARCH, 1836.
SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the County of Cuyahoga as is contained within the following bounds, viz: Beginning at low water mark, on the shore of Lake Erie, at the most northeastwardly corner of Cleveland ten acre lot, No. 139, and running thence on the dividing line between lots Nos. 139 and 140, Nos. 107 and 108, Nos. 80 and 81, Nos. 55 and 56, Nos. 31 and 32, and Nos. 6 and 7, of the ten acre lots, to the south line of ten acre lots ; thence on the south line of the ten acre lots, to the Cuyahoga river ; thence to the centre of the Cuyahoga river; thence down the same to the termination of the west pier; thence to the township line between Brooklyn and Cleveland ; thence northwardly to the county line; thence eastwardly with said line to a point due north of the place of beginning ; thence south to the place of beginning; shall be, and is hereby declared to be a City ; and the inhabitants thereof are created a body corporate and politic, by the name and style of the City of Cleveland ; and by that name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places, and in all matters whatsoever; with power of purchasing, re- ceiving, holding, occupying and conveying real and per- sonal estate; and may use a corporate seal, and change the same at pleasure : and shall be competent to have and
21
CITY CHARTER.
exercise all the rights and privileges, and be subject to all the duties and obligations appertaining to a municipal cor- poration.
SEC. II. That the government of said city, and the exercise of its corporate powers, and management of its fiscal, prudential and municipal concerns, shall be vested in a mayor and council, which council shall consist of three members from cach ward, actually residing therein, and as many aldermen as there may be wards, to be chosen from the city at large, no two of which shall reside in any one ward, and shall be denominated the City Council ; and also such other officers as are hereinafter mentioned and provided for.
SEC. III. That the said city, until the city council sec fit to increase, alter or change the same, be divided into three wards, in the manner .following, to wit : The first ward shall comprise all the territory lying casterly of the centre of the Cuyahoga river, and southerly of the centre of Superior lane, and Superior street to Ontario street, and of a line thence to the centre of Euclid street and of said last mentioned centre. The second ward shall comprise all the territory, not included in the first ward, lying east- erly of the centre of Seneca street. The third ward shall include all the territory westerly of the centre of Seneca street, easterly of the westerly boundary of the city, and northerly of the centre of Superior street and Superior lanc.
SEC. IV. That the mayor, aldermen, councilmen, mar- shal and treasurer, of said city, shall be elected by the qual- ified voters thereof, at the annual election of said city,.to be held on the first Monday in March, and shall hold their respective offices for one year, and until their successors are chosen and qualified : it shall be the duty of the may- or to keep the seal of said city, sign all commissions, licen- ces and permits, which may be granted by the city coun- cil; to take care that the laws of the State and the ordi- nances of the city council be faithfully executed ; to exer- cise a constant supervision and control over the conduct of all subordinate officers, and to receive and to examine into all complaints against them, for neglect of duty ; to
3
22
CITY OHARTER.
preside at the meetings of the city council, when other duties shall permit; to recommed to said council such measures as he may deem expedient ; to expedite all such as shall be resolved upon by them ; and in general to main- tain the peace and good order, and advance the prosperity of the city ; as judicial officer, he shall have exclusive original jurisdiction of all cases, for the violation of any ordinance of said city ; and in criminal cases, he is here- by vested with powers co-equal with justices of the peace within the county. of Cuyahoga, and shall be entitled to like fees ; and he shall award all such process, and issue all such writs, as may be necessary to enforce the due admin- istration or right and justice throughout said city, and for the lawful exercise of his jurisdiction, agreeably to the usages and principles of law ; and when presiding at the meetings of the city council, he shall have a casting vote, when the votes of the members are equal.
SEC. V. The members of the city council shall, on the second Monday after each annual election, assemble at their council chamber, or some other suitable place in said city, and elect from their own body, a president, to preside in their meetings, in the absence of the mayor ; and a ma- jority of all the members, shall be a quorum for the trans- action of business : the city council shall determine the rules of their proceedings, and keep a journal thereof, which shall be open to the inspection of every citizen ; may compel the attendance of absent members, under such penalties and in such manner as they may think fit to prescribe; and shall prescribe the place and fix the time of holding their meetings, which shall at all times be open to the public; and said council may adopt any by- laws, for their own government, not inconsistent with the provisions of this act; and in case of the absence or ina- bility of both the mayor and president of the city council, the senior alderman present, shall, for the time being, dis- charge the duties of either the mayor or president of the city council, as the case may require.
SEC. VI. That the city council shall have the custody and control of all the real and personal estate, and other
23
CITY CHARTER.
corporate property belonging to said city, its public build- ings, rights and interests ; and may make such orders, reg. ulations and provisions, for the maintenance and preserva. tion thereof, as they shall deem expedient : it shall be their duty to regulate the police of the city, preserve the peace, prevent . riots, disturbances and disorderly assemblages : they shall have authority to appoint watchmen, and pre- scribe their powers and duties, and to prescribe fines and penalties for their delinquencies ; to restrain vagrants or other persons soliciting alms or subscriptions; to suppress and restrain disorderly and gaming houses, billiard tables, and other devices and instruments of gaming ; to prev :nt the vending of liquors, to be drank on any Canal boat, or other place not duly licensed ; to prevent and punish im- moderate driving, in any street or other highway of said city ; to abate or remove nuisances ; to prohibit bathing in any public water within the city ; to prevent the encum- bering any of the streets or highways of the city, in any manner whatever ; to provide for clearing the Cuyahoga river of drift wood and other obstructions, and to prevent encroachments of any kind thereon, within said city ; to regulate the keeping and carrying of gunpowder and other combustible materials ; to establish, alter and regulate markets; to regulate the vending of meats, vegetables and fruits, pickled and other fish, and the time and place of sel- ling the same ; 'weighing and selling hay, measuring coal, cord wood and other fuel, and timber and shingles ; weigh- ing and measuring salt, lime, fish, iron and any other com- modity, exposed or intended to be exposed for sale in said city ; to provide for and regulate the guaging of all casks and other vessels: containing liquids, sold or intended to be sold in said city ; to regulate cartmen and cartage, porters, hacking carriages and their drivers, and limit their fees and compensation ; and to regulate pawn-brokers ; to light the streets of the city ; to regulate or restrain the running at large of horses, cattle, dogs and swine; and to establish and regulate one or more pounds ; and to impose a tax on the owners of dogs ; to establish and preserve public wells and cisterns, and to prevent the waste of water ; to reg ..
24
CITY CHARTER.
ulate the burial of the dead, and to compel the keeping and return of. bills of mortality; to regulate all taverns and porter houses, and places where spirituous liquors are bought and sold by less quantity than one quart ; all hou- ses or places of public entertainment ; all exhibitions and public shows ; with exclusive power to grant or refuse li- censes thereto, or to revoke the same, and to exact such sum or sums therefor, as they may deem expedient ; to establish and settle the boundaries of all streets or high- ways of all kinds, within the city, and prevent or remove encroachments thereon ; to prescribe the bonds and secu- rities to be given by the officers of the city, for the dis- charge of their duties, when no provision is otherwise made by law ; and further to have power and authority, and it is hereby made their duty, to make and publish, from time to time, all such laws and ordinances, as to them may seem necessary to suppress vice, provide for the safe- ty, preserve the health, promote the prosperity, improve the order, comfort and convenience of said city and its inhabitants, and to benefit the trade and commerce there- of, as are not repugnant to the general laws of the State ; and likewise they shall have power to regulate wharves and the mooring of vessels in the harbor; to appoint a harbor master, with the usual powers, and to prevent fish- ing lights ; and for the violation of any ordinance by them made by the authority of this act, the said city council may prescribe any penalty not exceeding one hun- dred dollars, and provide for the prosecution, recovery and collection thereof, or for the imprisonment of the offender, in case of non-payment of such penalty.
SEC. VII. That for the purpose of guarding against the calamities of fire, the city council may, from time to time, by ordinance, designate such portions and parts of the city as they shall deem proper, within which no build- ings of wood shall be erected; and may regulate and di- rect the erections of buildings, within such portions and parts, the size and materials, and the size of the chimneys therein ; and every person who shall violate such ordi- nance or regulation, shall forfeit to said city the sum of
25
CITY CHARTER.
one hundred dollars ; and every building erected contrary to such ordinance, is hereby declared to be a public nui- sance, and may be abated and removed as such by the city council; and the city council may, by ordinance, require the owners and occupants of houses, or other buildings, to have scuttles on the roofs of such houses and buildings, and stairs or ladders leading to the same; and whenever any penalty shall have been recovered against the owner or occupant of any house or other building, for not com- plying with such ordinance, the city council may at the expiration of twenty days after such recovery, cause such scuttles, and stairs and ladders to be constructed, and may recover the expense thereof, with ten per cent. in addi- tion, of the owner or occupant, whose duty it was to comply with such ordinance ; and for the purpose of ar- resting the progress of any fire, the mayor and council, or any three members thereof, may direct any building or buildings, to be torn down, removed or blown up with gun- powder.
SEC. VIII. That the city council shall have power, on petition, signed by at least twelve freeholders of said city, and notice given for six consecutive weeks, in one or more of the newspapers of said city, to lay out and estab. lish, vacate, change or alter, any street or streets, alley or alleys, lane or lanes in said city ; and if any person shall claim damages by reason of the laying out or vacating, changing or altering thereof, and shall file his notice of such claim, in writing, with the city clerk, within thirty days after the order for laying out, vacating, changing or altering, shall have been published, which said order said city council shall cause to be published in some newspa- per in said city, for four weeks in succession, the city council shall cause the damage, if any, over and above the benefit accruing thereby to such claimant, to be assessed by the oaths of three disinterested judicious freeholders of said city, by them appointed for that purpose; and the amount so assessed, shall be paid within three months after the return of such assessment, either by the petitioners, or out of the city treasury, as said council shall deter-
26
CITY CHARTER.
mine; or in default thereof, the order for laying out, va. cating, changing or altering, shall be null and void : the city council shall have power to cause all the streets, high- ways, commons and market places of said city, to be kept in repair, and may cause the same to be graded, paved or otherwise improved, as the interests of said city may seem to require ; and shall have exclusive power of appointing supervisors and officers of streets and other highways within said city, and prescribing their several duties ; and the city council shall cause the public streets, roads, lanes, alleys and highways, and the public squares, and other public grounds that now exist within the limits of said city, to be, by the surveyor of the county of Cuyahoga, or some other competent surveyor, surveyed, described and permanently marked, and a plat thereof recorded by the city clerk, in a book to be provided for that purpose, in which book shall also be recorded, a plat of any new street which may hereafter be established by said council, under the provisions of this act ; and also of any change or alterations in any of the streets or highways of the city ; and such survey and record shall be, thereafter, conclusive evidence of the position and limits of such street, lane, alley, highway, square or public ground, sub. ject, however, to such alterations as may be made there- in, agreeably to the provisions of this act : all persons residing within said city, who by law are liable to work on the roads, shall perform such work, under the direction of the supervisors, to be appointed by the city council, and shall be liable for delinquency, in the same manner ; and all fines and forfeitures incurred for delinquency, shall be collected in the manner pointed out by the laws of this State, regulating roads and highways ; and when collected, shall be paid over to the city treasurer, to be expended as other road taxes are ; and the road tax levied by law, on property within said city, shall be collected in money by the treasurer of Cuyahoga county ; and when collected, shall be by him paid over to the city treasurer, and which shall be expended in the improveinent of the roads and streets of said city, under the direction of the city council.
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