USA > Ohio > Knox County > A history of Knox county, Ohio, from 1779 to 1862 inclusive > Part 5
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December 26th, 1808, Mr. Holden presented to the House sundry petitions from a number of the inhab- itants of Knox county, setting forth that they feel much aggrieved in consequence of the ineligible and very unhealthy situation of the present seat of jus- tice of said county, and for various other reasons
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therein stated, praying that commissioners may be appointed to fix the seat of justice for the said county of Knox in some more eligible and healthy situation ; which said petitions were read and referred to a committee of Mr. Holden, Mr. Owings, of Fairfield, and Mr. Blair, of Franklin and Delaware, to report their opinion thereupon by bill or otherwise.
Mr. Merwin, (Elijah B.) of Fairfield, presented, on the next day, a remonstrance from sundry citi- zens of Knox county against action as prayed for in above named petitions.
The cunning old fox managing the Clinton claim devised an additional scheme whereby to bring about such increase of territory northward as would throw Mount Vernon farther from the centre than Clinton, and accordingly we find that-
Mr. Holden presented to the House petitions signed by sundry inhabitants of Knox county, set- ting forth that it will be greatly to their advantage, and to the advantage of the public in general, to have the county extended so far north as to take in one tier of townships, as it will be perceived, by the map of the State, that the county lying north of them, known by the name of Richland, is much larger than Knox, and by attaching one tier of town- ships to said county of Knox it will be giving a more equal number of square miles to cach county than there is at present; which was received and read, and referred to the same committee to whom was committed, on the 26th inst., the petitions, re- monstrances, &c., on the subject of the seat of jus- tice of Knox county .- House Journal, page 93, Dec. 30th, 1808.
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On the 30th of December, on motion of Mr. Thomas Morris, of Clermont, and seconded, Order- ed, that Mr. George Clark, of Columbiana and Stark, be added to the committee appointed on the 26th inst., on the subject of the seat of justice of Knox county, and the matters from time to time to them referred.
On the 12th of January, 1809, on motion, and leave being granted, Mr. Holden presented at the clerk's table two remonstrances, of the same purport, from sundry inhabitants of Knox county, remon- strating against petitions presented to this House, praying for a review of the seat of justice of said county, and a removal of it from Mount Vernon to some more eligible and healthy situation. The remonstrants therein set forth that they are fully of opinion that, unless a fraud or neglect be made to appear against the first viewers appointed by the Legislature at the last session for the purpose of permanently fixing the seat of justice of said county, that your honorable body will not grant a view bare- ly for the purpose of gratifying self-interest; that, in consequence of the seat of justice being estab- lished at Mount Vernon, a number of lots have been purchased and improved, and also that upwards of $400 have been appropriated for the building of a jail, and for other reasons, by the aforesaid remon- strants set forth more particularly, praying that the said petition praying for the removal of the seat of justice aforesaid may be rejected; and the same being received and read, were referred to the com- mittec upon that subject appointed on the 26th ult.
On page 145, House Journal, January 14th, 1809,
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the following entry stands: "On motion, and by leave of the House, Mr. Holden, from the commit- tee appointed on the 26th ult., presented at the clerk's table a report, as follows: 'The committee to whom was referred the petition of sundry inhab- itants of the county of Knox, praying that one tier of townships lying south of Richland county be attached to the said county of Knox; also sundry petitions from the inhabitants of said county, pray- ing that commissioners be appointed to review and fix the seat of justice of said county in some more healthy and eligible situation than Mount Vernon; have, according to order, had under their consider- ation the said petitions, and are of opinion that the prayer of the said petitions is unreasonable, and ought not to be granted.'"
Monday, January 16th, said report came up, and it was Ordered, that it be committed to a committee of the whole House, and made the order of the day for Saturday next.
On the 25th of January, House Journal, page 181, Mr. Merwin moved for the order of the day, whereupon the House, according to order, resolved itself into committee of the whole House, and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Jewett reported that the committee, according to order, had under their consideration a report of the select committee, made on the 14th inst., on the petitions from sundry inhabitants of Knox county, and had agreed to the said report; and the same being read was agreed to by the House, viz: that the petitions aforesaid are unreas- onable, and ought not to be granted.
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At the 9th session of the General Assembly, held at Zanesville, December 3d, 1810, the subject of removal of the county seat from Mount Vernon was again agitated. By the Senate Journal, page 163, we find that Mr. Trimble presented a batch of peti- tions, praying a review, which was referred to a committee. On page 166, we find Mr. Trimble, from committee, reported that, in their opinion, commissioners ought to be appointed to examine and make report to the next Legislature the place they think proper for the seat of justice of Knox county. The said report was read. A motion was made that said report be committed to a committee of the whole Senate, and made the order of this day; and on the question thereon it was decided in the nega- tive. On motion, Ordered, that the further consid- eration of said report be postponed till the first Monday in December next.
At the next session it received its final quietus. Mount Vernon had improved in the intermediate time very much, and thenceforth its star has been in the ascendant. Clinton continues but a few years longer as a business place, and after the depart- ure of its chief worker to other parts, its people moved to Mount Vernon, Fredericktown, and else- where, and not one of the old inhabitants there re- mains to tell that Clinton has been an important town in the history of Knox county.
On the 23d of January, 1809, Mr. Holden pre- sented at the clerk's table a petition from sundry inhabitants of the county of Licking, also a petition from sundry inhabitants of the counties of Licking, Knox and Richland, setting forth their remote situ-
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ation from water carriage, and the necessity of hav- ing good roads; that they have no road whereby they can receive letters, or any kind of intelligence, or any property from any part of the United States, or this State, except by chance or private conveyance, near- er than Newark or Zanesville, and praying for the establishment of a road from Newark, in Licking county ; thence to Mount Vernon, in Knox county ; thence to Mansfield, in Richland county ; and thence to the mouth of the river Huron, Lake Erie, &c .; which were read.
On motion, and on leave being granted by the House, Mr. Merwin presented at the clerk's table a petition from sundry inhabitants of Fairfield county, of a similar nature to the before mentioned petitions, praying for the establishment of a road from Lan- caster, in said county, through Mount Vernon, in Knox county, to the Portage, in Cuyahoga .- House Journal, page 177.
Among the questions of great moment at this time to the people of the State was, whether the Clinton Library Society should be incorporated or not. It appears that Samuel H. Smith and other live Yankees of Clinton had conceived the idea of founding a vast and comprehensive library at that point, and at the session of the General Assembly of 1807, Mr. Dillon laid before the Senate a petition of Samuel H. Smith and others of the town of Clin- ton and its vicinity, in Fairfield county, for the in- corporation of the "Clinton Library and School or Academy Society." After its reference to a com- mittee, and about two months travail, it finally got through the Senate on the 6th of February, 1808.
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In the House it had a perilous trip, was attacked upon several sides, discussed elaborately, and at length went down before the storm .- House Jour- nal, page 171.
At the next session our literary friends at Clinton again pressed their favorite measure; they petition- ed, implored, entreated, supplicated and prayed, they had lobbies on the ground to leg for it, and triumphantly they carried it through the House into the Senate, with an amendment to it, that was not very acceptable; but this time the grave and rever- end Senators were obdurate and flint-hearted, and page 114 of the Senate Journal of the Seventh General Assembly shows how they "killed it."
" Once more unto the breach, dear friends, once more ! "
With a pluck worthy of a noble cause, the Clin- tonians besecched and beset and besieged the next General Assembly for an act that would enable them to preserve their fine library from destruction by those literary Goths and Vandals-the moths and vampires; but all their efforts were unavailing, and posterity have been thus deprived of an accumu- lation of books that might in time have eclipsed the far-famed library of Alexandria. One of the oldest inhabitants has kindly placed in our hands one of the books, bearing the Clintonian mark, which he bought at the winding up of the concern for the just sum of 182 cents lawful money.
Indignant at the conduct of the illiterate General Assembly, the stock-holders withdrew from the en- terprise, and sold at auction the library for $7.50 and the book-case for $10; and thus terminated a great
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measure which agitated three sessions of the General Assembly of our State, costing the people in time consumed upon it by their Representatives, Senators, etc., from eight to ten thousand dollars, and illus- trating fully the character of the greater part of special and local legislation which, like much of a general character, may be termed all "cry and no wool," and show no substance, all ending in smoke. At the time, however, the natives of Mount Vernon regarded it as a seven horned monster that would drive them out of existence, and they looked with holy horror at having such an incorporated body at Clinton, which might accomplish their overthrow and cause them to lose the county seat. The sons of some who shook in their breeches with dread, may now shake in their boots, convulsed by laugh- ter at this reminiscence.
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CHAPTER VI.
TRANSACTIONS OF THE YEAR 1809.
THE COMMISSIONERS IN TROUBLE ABOUT TAXES .- THE HEAVY DRAIN ON THE TREASURY FOR WOLF SCALPS .- THE CLERK'S BRAIN BECOMES CONFUSED BY REPEATED DEMANDS .- THE WOLVES INVADE THE TOWN .- DOINGS OF THE COURT AND COMMISSIONERS .- THE COUNTY JAIL COMPLETED .- THE FIRST SETTLEMENT WITH THE TREASURER, AND SKETCHI OF THAT OFFICER.
IN the beginning of this year the people of the county were in sore distress at prospects of heavy taxation, the money in the treasury having been exhausted in paying the commissioners who had located the county seat, the heavy demands for kill- ing wolves, and such like expenses.
On Monday, the 23d of January, 1809, the com- missioners met at Mount Vernon, and were in a "peck of trouble," if we may judge from the fol- lowing entry:
" The board, taking into consideration the situation of the taxes on resident and non-resident lands, the board, on an investigation of the business, do order Every paper and document thereunto belonging to be forwarded to the Auditor of State.
" Ordered, that the board do adjourn until next Monday."
Among the orders issued this year, we find the following for killing wolves :
" To George Cooper $1.50 for killing one grown wolf, proven before John Green.
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" To John Cook $4.50 for killing three grown wolves, proven before Wm. W. Farquhar.
" To James Black $3 for killing two grown wolves, proven be- fore Wm. Y. Farquhar.
"To John Jennings $1.50 for killing one grown wolf, proven before John Green.
" To Ephraim McMillen $3 for killing two grown wolves, proven before Abraham Darling.
" To Levi Herrod for killing two grown wolves, proven before John Green.
" To Francis Hardista $3 for killing two grown wolves, proven before Matthew Merritt.
" To John Lash $1.50 for killing one grown wolf, proven before John Green.
" To George Sap $3 for killing two grown wolves, proven before Abraham Darling.
" To Joseph Harriss $1.50 for killing one grown wolf, proven before Jolin Green.
" To Francis Hardista $3 for killing two grown wolves, proven before M. Merritt.
" To George Sap $1.50 for killing one grown wolf, proven before Abraham Darling.
" To Joseph Bryant $1.50 for killing one grown wolf.
" To Ephraim McMillen $4.50 for killing three grown wolves."
So much in the habit of issuing wolf orders had James Smith, clerk, gotten by this time, that we find on the journals an order issued for commission- er's services reading thus :
" Ordered, that the treasurer pay to Henry Markley the sum of $3.50 for killing two wolves as services as commissioner of this county."
The day's services being confounded in the clerk's mind with wolf scalps.
Notwithstanding the abundance of game of this kind, and the facility with which the old sportsmen could take the scalps, the howling varmints seemed
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to be on the increase, and, like grey hairs, for every one plucked two took their place, and hence our commissioners grew more determined to extirpate them, and made the following order on the 7th of June, 1809 :
" Ordered, that all persons who shall kill and procure the scalps of grown wolves and panthers within our Balawick, and produce a certificate thereof, according to law, after this date, shall be allowed $2, and all those who shall kill and procure the same of wolves and panthers and scalps of six months and under shall be allowed $1."
The first demands made upon the treasury under this act were by John Mitchell and Francis Hardis- ta, each of whom had killed a grown wolf. For a time these inhuman devils disputed the mastery with the white man, and it seemed somewhat doubt- ful which would come off victor in the contest and retain possession of the lands upon Owl Creek. They neither had fear of the church ecclesiastic or the military power; they frightened the women and children, and hung about the heels of men, setting all laws and threats at defiance. One old settler has told us of his having on a Sabbath day killed a large wolf near God's barn at Clinton which was making off with one of Sam. Smith's geese, while the people were serving the Lord ; another of his friends having been present with the whole military of the county parading on general muster day, when a fierce black wolf attacked one of George Zin's pigs within a stone's throw north-east of the public square, when the army gave pursuit, and it was finally killed by Captain Joe Walker; whereupon a grand spree was taken by the whole military and
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citizens of the town, glorifying over the great en- gagement till whisky was drank to more than the value of the wolf scalp.
Grand events those in the hardy pioncer's life ! And yet, at this day not a spot bears the name of Wolf, nor does a creek or branch commemorate such achievements. And posterity, were it not for these pages, we fear, would be in blissful ignorance of the fact that there were any other inhabitants of these classic lands than owls and Indians when the men of the hunting shirt and rifle first navigated this famous river in scallops and pirogues.
THE THIRD TERM OF DISTRICT COURT, AND WIIAT WAS DONE THEN.
"Court of Common Pleas was opened at Mount Vernon the 2d day of January, 1809. Present: Jentlemen the Honorable Wil- liam Wilson, President, John Mills and Wm. Gass, Associate Judges. A Grand Jury was called and qualified for the body of this county, to wit: Jas. Walker, Sen'r, foreman, Eleazer Biggs, John Baxter, John Beam, Joseph Walker, Levi Herrod, Nathaniel Scritchfield, Wm. Herrod, David Johnson, Jas. Strange, Jas. Walker, Jr., Wm. Cooper and Jonathan Craig, who, after receiving their charge, Returned out of Court.
" On the 2d day of the Term the Grand Jury returned, but found no Indictments.
" Ordered, that the Court adjourn until 2 o'clock this evening.
"The Court opened according to adjournment. Present : as before.
" John Armstrong vs. John Kerr .- On Trespass. Continued by consent of parties.
" Jacob Young vs. Abraham Lyon .- On an action of Trespass on the case. Continned by consent of parties.
" The State of Ohio vs. Aaron Brown .- On an Indictment. The defendant plead guilty, and is fined $1.00 and the costs of prosecu- tion, and stands convicted until the whole be complied with.
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" License is granted to William Perrine to retail goods for three months, on payment of $2.50.
" John Green is admitted Administrator of Isaac McClary. Bond, $1000. Abner Brown and John Herrod securities.
" License is granted to Benjamin Tupper to sell goods three months, on payment of $2.50.
" The State of Ohio vs. John Click .- Nolle is entered by Her- rick, att'y.
" Thomas Parr vs. John Craig .- William Walker undertook for the defendant in case he should be cast he would satisfy the condemnation of the Court, or render his body a prisoner in lieu thereof.
" Court adjourned till to-morrow morning, 9 o'clock.
" The Court opened according to adjournment, and present, as yesterday.
" Thomas B. Patterson, for the use of Moses Rigly, vs. Samuel Kratzer .- Parties agreed to reference to the Court, who adjudged $2.55 debt and costs for the plaintiff.
"Court adjourned till 2 o'clock.
" 2 o'clock P. M.
" William Wallace is authorized to keep a publick house of enter- tainment for one year, on payment of $5.00
" William Fuller is licensed to keep a publick house of enter- tainment on the road leading from Mount Vernon to Newark, on payment of $4.00.
" Ordered, that the Court adjourn until the Court in course.
" WILLIAM WILSON."
THE COUNTY JAIL BUILT, AND ITS FIRST OCCUPANT-ACCOUNT OF ITS SUBSEQUENT CAREER, AND THAT OF ITS SUCCESSOR.
On the 6th of June, 1808, the commissioners of this county, finding the great want of a jail in said town, and by virtue of the powers vested in them by law,
" Ordered, a jail to be built, 24 feet long, 16 feet wide, 9 feet high, with square timber of one foot square, including the upper and lower floor, and a petition of like timber, with a good shingle roof, and stone or brick chimney, three windows, with iron grates, of 6
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lights each, and 2 sufficient doors, one on the outside and one in the petition in the inside, and the walls, petition, and lower floor lined with 3 inch plank, spiked on with spikes 7 inches. The front door marked A and petition door B to be of 13 inch stuff; C chim- ney. The jail to be built on the public square of said town, on a corner."
On the 31st of January the following entry is made upon the journal : 5
" This day the board has proceeded to the Ex'n of the jail, and finding the same unfinished they do allow the undertakers thereof until the first day of May next to finish the same, agreeable to the article of agreement in that case made and provided."
On the 2d of May, 1809,
" Ordered, that the commissioners do receive the jail from the hands of John Mills, Alexander Walker, and James Walker, Sr., provided that the said Mills and others do saw down the corners of said jail, and then our Clerk shall have authority to issue orders on the treasury for the sum of 433 dollars and 50 cents, as shall appear by a reference to the agreement, and that the Clerk issue orders of such sizes as the Claimants may desire, with their proper numbers to the above amount."
The jail being then declared completed, the com- missioners ordered 50 cents to be expended by Joseph Walker for two steeples and hasp for the jail.
The calaboose having been duly prepared, the officers of the law became exceedingly self-import- ant, consequential and overbearing. Michael Click, an old Dutchman, who was fond of grog, was taken up, "tight as a musket," and locked up in the quar- ters. The constable had gone down street and was boasting of his exploit in taking up Mike, when the voice of the old fellow was heard just behind them,
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shouting at the top of his lungs: "By tam, they can't keep me in their tammed shail-I am trumps, by G-d." He had crawled up the chimney till he got near the top and stuck fast, when, as he said, he "swelled and bursted" it open, and then jumped to the ground, a free man once again.
The chimney was repaired at the expense of the county, and Click, several weeks after, when con- fined "broke out," and, meeting Judge Wilson on the street, narrated his several jail exploits in great glee, vowing that they never could keep old Mike in that jail any longer than it suited him to stay, for he had lent a hand when it was built and knew all its weak points. For several years, however, this little log concern served as a nominal terror to evil doers. At length so many escapes were made from it, that its fate was scaled, and it was sold to Wm. Y. Farquhar, who moved it to the outskirts of town and constructed out of it a sort of a tobacco house.
The commissioners, on the 4th of December, 1823, determined to erect another jail and jailor's house, on the square, of brick, which remained an eye-sore to the people of the town until about 1850, when John Armstrong, Street Commissioner, and A. Banning Norton, Councilman of the Third Ward, in grading and excavating the north-east part of the public square, with "malice aforethought" undermined it, and caused the removal of that pile of rubbish.
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FOURTH TERM COURT OF COMMON PLEAS-1ST DAY OF MAY, 1809.
" Grand Jury .- David Demmick, foreman, Moses Craig, Wm. Downs, Jas. Craig, David Johnson, Jeremiah Brown, Charles Cooper, Ziba Leonard, Nathaniel M. Young, John Kerr, John Cook, James Loveridge, James Walker, Jr., who returned out of Court, and after some time returned in Court, with the following indict- ments, to wit:
" The State of Ohio vs. Wm. Wallace .- For salt and battery, a true bill, and pleads guilty, the Court do say, that the defendant do pay a fine of $1 and costs of this prosecution.
" The State of Ohio vs. Wm. Cooper .- For same offense, the same fine is assessed.
" The State of Ohio vs. WVm. Cooper .- Same, and same fine.
" The State of Ohio vs. Wm. Scritchfield .- For same offense.
" The State of Ohio vs. Peter Baxter .- For same offense.
" Luke Walpole vs. Wm. Wallace .- James Craig becomes se- curity.
" Thomas Parr vs. James Craig .- Judgment by confession for $91.81 and costs of suit.
" Wm. A. Enui vs. Samuel Kratzer .- Judgment by confession, $66.92 and costs.
" John Beesy vs. Samuel Kratzer .- Michael Click becomes se- curity.
" WVm. Douglass vs. John Young .- Nathaniel M. Young becomes security.
" One o'clock P. M.
" John Armstrong vs. John Kerr .- Tried by Jury, and defendant not found guilty of Trespass. The plaintiff, by E. Herrick, his attorney, gives notice of an appeal.
" WVm. Biggs, who sues as well for himself as for the State of Ohio, vs. William Darling .- Ordered, that the plaintiff appear in Court to-morrow morning and enter security for costs, or he become non plus.
"License issued to Benj. Tupper to retail goods 4 months for $3.33}.
"James Smith is appointed clerk for seven years.
" Court adjourns till to-morrow morning at 9 o'clock.
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" May 2-9 o'clock A. M.
" The Biggs case is disposed of by the following entry : Ordered, that the plaintiff be non-suit for not entering security for costs.
" Edward Herrick is allowed $25 for each term as prosecuting attorney.
" Ordered, that the clerk have authority to issue license to John Baxter and Michael Click each to keep a public house of entertain- ment until next term, on their paying the proper sum.
" Adjourned till the next Court in course."
IMPORTANT ACTS OF COMMISSIONERS IN REGARD TO RATES OF TAXATION AND OTHER MATTERS-PECULIARITY OF THE OLD CLERK IN SPELLING-HIGH AUTHORITY QUOTED.
On the 5th of March " a petition was forwarded to the board of Commissioners of this county, praying for a Road Leading from the town of Mansfield on a South East direction, to intersect with the State road near the fifty-four mile tree, to run on a straight direction as the ground will admit, to intersect the State road, and the board do declare that the same is inexpedient."
" The tax on William Douglass' mill is ordered to be taken off, as it is a public benefit.
" James Morgan is ordered to be taxed fourfold for refusing to give in five horses to the lister of Union Township."
On the 7th of June the Commissioners " Ordered, that the rates of licens* of Taverns hereafter obtained for one year in this county shall be as follows : In the town of Mount Vernon, on the Public Square, and on Market Street, shall be rated at six dollars; all Taverns in the Town of Frederick and in the Town of Clinton, and on the road leading from the Town of Mount Vernon to Newark, within the county of Knox, at Five dollars; all Taverns in any other part of the Town of Mount Vernon, at five dollars; all taverns on roads leading through any part of the county, or Richland county, at four dollars."
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