A history of Scioto County, Ohio, together with a pioneer record, Part 37

Author: Evans, Nelson W. (Nelson Wiley), 1842-1913
Publication date: 1903
Publisher: Portsmouth, O. N. W. Evans
Number of Pages: 1612

USA > Ohio > Scioto County > A history of Scioto County, Ohio, together with a pioneer record > Part 37

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Latin an Greek literature, and work some of the propositions in higher mathematics.

A marked deficiency in Mr. Sill's make up was his want of confi- dence in his own powers. He would scarcely ever try a case unless forced to do so and then would seek the assistance of other lawyers much inferior to himself in learning and ability.

His conversation was often strikingly brilliant with genuine wit. and his frankness in the expression of his opinions was in marked con- trast to his timidity in his practice in the courts.

Mr. Sill was very frequently appointed prosecuting attorney by the court, under the old constitution, and was elected prosecutor once after the adoption of the present constitution. He declined a re-nom- ination. He practiced law in Portsmouth, Ohio in 1821.

He was elected to the legislature in 1818 and in January 1819, offered a series of resolutions, which were adopted by the general as- sembly, and were the real initiative of the system of canals afterwards constructed in Ohio. He was an enthusiastic Whig in politics, and a zealous Republican and Union man after the Whig party became dis- organized; but we believe he never sought political preferment from either party.

He saved a small competence only from his large practice; and when he became very old he exhibited a little, but only a little, of the avarice which is said to be the "vice of age." A notorious old dead beat who never paid any body anything, but was unknown to Mr. Sill, applied to him to rent one of his little tenements, and inquired what the rent would be. "Four dollars and a half per month in advance," said Mr. Sill. Dead Beat reflected for a while and replied, "I can't afford it sir. I will give you four dollars and a shilling, sir, and no more."

"Sir, you shall have the house," responded Mr. Sill ; and he after- wards told his wife, he certainly was an honest tenant, whom he could depend on ; for he counted so accurately what he could and could not afford to pay as rent. That shilling did the business. Dead Beat got in and staid six months, for which Mr. Sill, of course did not get one cent, besides having the expense of a "forcible detainer" case to incur.

Mr. Sill lived to the very great age of ninety-one ; and died Nov. 25, 1875.

He was rather under medium size and weight. He had regular and pleasant features and expression of face. His eyes were dark hazel in color, and he had a curious habit of closing them while talking to any person. His hair was originally very dark, but began to turn gray at forty years before his death. He began dying his hair and kept it up the remainder of his life, and sometimes with ill success, almost equal to that of "Tittlebat Titmouse."

But he was an excellent and honest man ; and may ill fare the one who wrongs the memory of Father Joseph Sill.

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HISTORY OF SCIOTO COUNTY.

Edward King,

fourth son of Hon. Rufus King, of New York, minister of the United States at the court of St. James, United States Senator, and Federal Candidate for the Presidency in 1804, 1808 and 1816. He was born in Albany, New York, March 13, 1795. He spent his early boyhood with his father in London, England. Upon his return to this country, after proper preparation in a grammar school, he graduated from Columbia College. He finished his professional studies in a law school at Litchfield, Connecticut. In 1815 he came to Ohio and established himself at Chillicothe where in 1815 he was admitted to practice. In the same year he married Sarah, daughter of Hon. Thomas Worthing- ton, Governor of Ohio. He was a member of the House in 1823, 1824, 1825, 1826 and 1827 and was Speaker at the last session. In 1827, 1828 and 1829 he was again in the House and at the last session was again Speaker. In 1830 and 1831 he was Senator from Ross County, but only served one session from December 6, 1830 to March 14, 1831. After his location in Chillicothe he soon acquired business and was very popular with all classes of the people. "Ned" King is yet spoken of by all of the citizens of Chillicothe, who were old enough to have known him personally, with positive affection. He did the first legal work ever performed by an attorney for the town of Portsmouth. This was on March 14, 1823 and the services were rendered in a suit of the Corporation against one Moore. He attended the Courts of Scioto County while a resident of Chillicothe. In 1831, he removed to Cincinnati, where he remained until his death and obtained a good practice in his new theatre of action, very steadily, and retained it as long as his health permitted him to attend to professional duties. In 1833, in connection with three other gentlemen of Cincinnati, he was efficient in organizing a law school, and was one of the lecturers in it the following winter; and upon the establishment of the Cincinnati College in 1835, he was appointed by the Trustees to a chair in the Law Department, but ill health prevented him from assuming this posi- tion. He was the father of Hon. Rufus King, who became a promin- ent lawyer of Cincinnati and lived to a good old age As early as October 1834, he was attacked by a dropsical disease; in the following winter he went to the South, in hope that the change would benefit him, but he did not realize any advantage from the journey. He re- turned greatly depressed, and thence forward grew feebler until his death, which occurred on the 6th day of February, 1836. There was a great deal to admire in Edward King's ability and a great deal to love in his character. He was quick and acute in perception, of active and vivid imagination, abounded in good natural wit, was fluent and pleas- ant in speech, graceful and often forcible in declamation and always gentle and polished in manners. He was generous to a fault, if that be possible ; cheerful, frank, cordial to all acquaintances, high or low, learned or ignorant, rich or poor. No wonder then "that his praise

SAMUEL MILES TRACY,

PROSECUTING ATTORNEY SCIOTO COUNTY, 1821-1850. BORN 1798-DIED 1856.

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was in all men's mouths." One little anecdote of him before we quit this sketch : "Joe! Joe!" called out King, one day in the court room ; meaning to attract the attention of the very venerable Joseph Sill. "Well, what is it Ned?" replied Mr. Sill. "Ned?"-who the devil authorized you to call me Ned?" tartly replied King.

Samuel Miles Tracy

was born in Chenango County, N. Y., 1798. He graduated at Hamilton College in 1815. He studied law and was admitted in 1818, and in the fall of that year visited Portsmouth, traveling horse- back. He was looking for a location to practice law. He had rela- tives in Portsmouth, and made a lengthy visit. He had it in his mind to ride on to Lafayette, Ind. He lingered about Portsmouth, visiting all the shops, stores, etc. One William Dailey kept a store in Portsmouth at that time, and had a pretty grown up daughter who assisted in the store part of the time.

Tracy found himself visiting that store oftener than any other place, but he could not just tell why. However, he had made his visit in Portsmouth as long as he felt it proper and thought he must be mov- ing on. So he mounted his horse and started for Lafayette, Ind. Along the way, every day, he kept thinking of that attractive Miss Dailey. He could not drive her image out of his mind, though he made no particular effort in that direction. Every day he rode west the remembrance of Miss Dailey grew stronger. Finally, when he was a few days' ride west of Cincinnati, he made up his mind he was in love with Miss Dailey and would return to Portsmouth, locate there and marry her. Once he formed the purpose he returned to Portsmouth.

On February 19, 1819, he published his card in the papers, and stated he would be happy to attend to any business entrusted to his care. He announced that he had succeeded to the business of Judge Osborn, who became presiding Judge February 6, 1820, and served one term. Until he was married, Mr. Tracy boarded at the Portsmouth Hotel, of which John Peebles was the landlord. He was married to Miss Mary Dailey October 13, 1822. She died November 5, 1845.

John Collins was an Associate Judge of Scioto County from 1803 to 1832. He took a great fancy to young Tracy, and had him ap- pointed Prosecuting Attorney. We find he drew his first pay in this office June 22, 1821, when he was allowed $33.33, or at the rate of $100.00 per year. Judge Collins was so strong a friend of Tracy that he declared that he, Tracy, should be Prosecuting Attorney as long as he sat on the bench, and he kept his word. Collins retired in 1832, and Tracy held the office as Prosecutor until January, 1850. He was appointed by the Court of Common Pleas until 1833, when the office became elective for two years, and he was elected every two years from that time until October, 1849. No record of the elections of 1833, 1835, 1837, 1839 or 1841, 1843, 1845 or 1817

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have been preserved, and we can give no figure, but we are told he was elected without opposition. In 1849 Mr. Tracy received the regular Whig nomination as usual Many felt jealous of him, and this encouraged E. W. Jordan, then a young lawyer and a Democrat. to stand against him. Jordan hesitated, but, being encouraged, finally concluded to run, and, at the election, Mr. Tracy received 933 votes to 961 for Jordan. The Whig majority was 350, and Mr. Tracy was the only candidate on the ticket defeated. Mr. Tracy was again a candidate for the same office as the regular Whig nominee in 1851. and was again defeated. This time the vote stood-E. W. Jordan, 1,434; Tracy, 731 ; Jordan's majority, 703. The Whig majority was about 400. Mr. Tracy felt much chagrined at this result, and justly so, for he had made a most efficient officer. In 1833, at Tracy's first election, he received seventy-eight votes in Wayne township, to forty- three for Ransom Odle, a seng-digger in the hills of the West Side. The persons who voted for Odle had sons who had stolen bee-hives and were prosecuted by Mr. Tracy.

In 1830 Mr. Tracy's income was estimated at $500; in 1833, $600; in 1842, $1,000; in 1843, $1,250; in 1847, $1,600; in 1849, $2,000; He was Recorder of the town from May 12, 1823, until April 4, 1834, when he resigned. In 1833 his compensation as Recorder was $36.00 for the entire year.

The lawyers' incomes were estimated from 1830 to 1851, and they were taxed on them.

In 1839 and 1840 he was Corporation Counsel at $50.00 per year. In 1837 he was a School Visitor, and served as such most of the time till 1853.

He became a Councilman in the town in 1823, and served till 1834. In 1824 he was authorized to print twenty-five copies of the Ordinances.

In 1827 he was Trustee of Wayne Township, and was elected to the same position in 1828.

In 1827 he was employed in the celebrated controversy about the Front of the Town, and perpetuated the testimony in relation thereto. In 1829 he and Washington Kinney were a committee to purchase the Front of the Town from Henry Massie. In 1839 he was a Director of the Commercial Bank, and in 1843, became one of its Assignees.

In 1842 he was a Commissioner in Bankruptcy, under the law of 1841.

The old Tracy homestead on Front street was built in 1833 by Jacob P. Noel. - who sold it to Mr. Tracy, who resided there until his death, on December 25, 1856, of consumption. Mr. Tracy was marri- ed twice. His second wife was Mrs. Thurston.

Mr. Tracy was a gentleman very proud and always on his dig- nity. He was perhaps the best lawyer who ever practiced in Ports- mouth. That was the opinion of the lawyers who were contempo-

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rary with him and of the business men of his period of active life. He had an influence in the county possessed by no other lawyer before or since. The juries always believed in him and he never failed to convict a defendant when he made up his mind to do it. The County Officers, during the time he was Prosecuting Attorney would take no action without his advise and would follow the latter in every respect. With the County Commissioners, whatever Sam Tracy said, they did. He was engaged in all the principal litigation of his time. Captain James W. Davis, one of the leading business men of Portsmouth, said Samuel M. Tracy was the best lawyer he ever knew or heard of.

He had three daughters and one son by his first marriage. His daughter, Mary R., married George Johnson, Another daughter married M. B. Ross, and the third, Emily, married Mr. Julius C. Guthrie. His son, Samuel, died a young man.

It seems Mr. Tracy never had any ambition to be a Judge or a Congressman, but was content with being the leader of the bar to which he belonged. We doubt if there ever was another instance in the State of Ohio of the same lawyer holding the office of Prosecuting Attorney for 29 consecutive years.

Charles Oscar Tracy

was a younger brother of Samuel M. Tracy. He was born August 4, 1804 at Oxford, N. Y. He came to Portsmouth, Ohio in 1826 and lo- cated as a lawyer. He married Dec. 20, 1827 to Maria Kinney, a daughter of Aaron Kinney and had a family of two sons and three daughters. His son, Uri Tracy is living in Columbus. His son, Van Der Lyn Tracy, born in 1829. died a young married man. His daugh- ters are Mrs. Frank Oakes, Mrs. Mary Camnitz of Goshen, Ohio and Mrs. Alice Hurd, wife of Colonel John R. Hurd of Colorado. In 1830, he built the home on Washington street just south of the German M. E. Church and resided there until his death.

In 1830, his income as a lawyer was estimated at $300.00 and arose to as high as $1500.00 in 1851. From March 6, 1830, until March 7. 1831, he served as Auditor of Scioto County, Ohio by ap- pointment, but never was a candidate for any office. He left all of that to his brother, Samuel. In 1833, he was the Supervisor of the East ward in Portsmouth and received $3.25 for one year's services. He was an eloquent advocate. but a lazy lawyer. It took considerable to rouse him up, but once aroused. he was as good a lawyer as any at the bar. He was wittv, eloquent, courteous and kind to every one. As an advocate he was clear, logical and cogent. He was fond of hunting and fishing and never was happier than when with a hunting or fishing party, and a three weeks hunt or fish was the acme of his enjoyment.

. He often said that the only meat fit to eat was that killed and dress- ed in the woods, and eaten there. He had a fund of anecdotes ap- parently inexhaustible. Hon. James W. Ashley, afterwards Con-

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gressman from the Toledo District, was a law student under him.

As a companion, Charles Oscar Tracy was one of the most agree- able and entertaining of men.

Benjamin Ramsey

must have come to Portsmouth in 1837. The first notice we have of him in Portsmouth was in 1838, when the Ward Assessor found him and listed his income as a lawyer at $300. The next three years he dropped $100 off that and in 1843, he went up to $500, in 1847 to $800 and in 1851 to $1,000, which was the high water mark with him. March II, 1851, he was elected Mayor of Portsmouth and served two years, defeating James M. Ashley. In 1851, he was elected Pro- bate Judge, the first elected. He took his set February 9, 1852, and served till November, 1853, when he resigned. He then got on to a stage coach and went to Western Pennsylvania, where he came from. He was a bachelor while he lived in Portsmouth. He was a Whig but would not join the "Know Nothings." If he ever had any religion, it never materialized. As a lawyer, he was only moderately success- ful. He was a large man, lazy and indolent. In 1838, he was in partnership with one William S. Murphy, as Murphy and Ramsey. In 1842, he was in partnership with Hon. Wells A. Hutchins, in his first year in Portsmouth. The firm was Ramsey and Hutchins. In 1846 he was in partnership with Sterret Barr as Ramsey and Barr. In 1842, he delivered a lecture to the Franklin Institute. These are all the vestigia he left in Portsmouth. He pulled out November 8, 1853.

Andrew Crichton

was born August 8, 1819 in Perthshire, Scotland. With his father's family he emigrated to this country in 1833 at the age of fourteen. Most of his education was acquired at Perthshire, where the schools -. like those in Scotland generally-were good. At an early age he as- sisted in the Clerk's office in Portsmouth and remained there for many years with John R. Turner. In 1841 he was elected County Recorder on the Whig ticket. He had 1,459 votes and his opponent, Daniels, 1,058. He was re-elected in 1847 and again in 1850. In 1853 he went on the bond of Martin Crain as Recorder. He was a lawyer in 1845 and was taxed as such on an income of $500, in 1851 he was taxed on $1,000, his income varving between these two dates from $250 to $1,000. He was a practicing attorney in this county until he died on March 14, 1855. In he married Virginia McCov by whom he had four children : Miss Kate Crichton of Ports- mouth being the only survivor. The work by which Mr. Crichton was best known among this people was the admirable methods employed by him in the Recorder's office. Everthing there under his care was a model of neatness and order. Any point which the records were de- signed to show could be found in a moment, and the information was always accurate and reliable. For many years after his incumbency,

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it was common for the older attorneys to refer to the methodical ac- curacy which characterized everything committed to the care of the Recorder's office under Andrew Chrichton.

Edward Jordan

was born in Messina, St. Lawrence County, New York, October 6, 1820. His father was Elijah Jordan and his mother Betsey ( Frazee) Jordan. His father was a Baptist minister of repute for unusual elo- quence, with a talent for many useful things such as cooper, watch- maker, carpenter, flute player and verse maker, by turns. As a boy, Edward Jordan had an unquenchable thirst for knowledge and was a great book reader. He at one time tried to leard the blacksmith trade, but found that he had no taste for the work. Having received the rudiments of an education, he concluded that the next best thing for him to do was to teach school, and he started out on a career for himself. He was very fastidious in his personal habits and was always neatly dressed. He had fine black hair and black eyes. He was always close shaved, and his linen was always immaculate. At that time he had a taste for athletics, being a good horseman. an excellent shot, and could row and manage a sail boat. As a youth, he never smoked or drank, and refused to gather with men in saloons, but was very fond of attending picnics, political gatherings, torchlight processions, bar- becues, and demonstrations of that character. He was a young man of great personal courage. He came to Portsmouth in 1844 and entered himself as a law student with Samuel M. Tracy. He was an inti- mate friend of Ralph Leete, who was a pupil of Judge W. V. Peck. He maintained himself by teaching school. He taught at the old Red School House near Portsmouth, Ohio.

He and Leete were great friends and use to spend their Sunday afternoons together in Jordan's office, reading and criticising one an- other. James M. Ashley was with them part of the time. Mr. Jor- dan was admitted to the bar in 1846 and immediately formed a partner- ship with Edward Hamilton which dated from the 15th of February, 1846. In 1845, he was rated as a practicing lawyer in Scioto County and his income was assessed at $500. He and James M. Ashley at one time edited and conducted a Democratic newspaper in Portsmouth. In 1847, his practice was assessed at $400, in 1848, at $600, in 1849, at $800, in 1850, $1,000. In 1849, he was elected Prosecuting At- torney of Scioto County, Ohio, on the Democratic ticket, being the only Democrat elected. He had 961 votes and Samuel M. Tracy 936. The Whig majority that year was 549. Mr. Jordan had no expectation of election. Samuel M. Tracy had been Prosecuting Attorney for the County for twenty-nine consecutive years and some one induced Mr. Jordan to place his name on the Democratic ticket merely to see what could be done. In 1851, he was re-elected against the same competitor. receiving 1,434 votes to 731 for Mr Tracy. His majority was 703.

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April 26, 1851, he was elected City Clerk. He had 223 votes to 207 for J. L. Watkins. In 1856, he changed his politics, before that he had been a Democrat, but became a Republican on account of his anti- slavery ideas. Between 1856 and 1860 he became an intimate friend of Salmon P. Chase, and this friendship caused his appointment in Washington, hereafter mentioned.

He removed to Lawrence County in 1854 and was Prosecuting Attorney of that county from 1856 to 1858. He took an active part in the campaign of President Lincoln and after his cabinet was formed, he was made Solicitor of the Treasury and held that office for eight years, serving from 1861 to 1869. At the close of his term of service as Solicitor of the Treasury, he took his family to Flushing. Long Island, where he lived until 1872, while practicing law in New York city. His partners in New York were : Grosvenor P. Lowry, William Mellen, Daniel G. Thompson. He was a member of the Presbyterian

Church while in Portsmouth. During Cleveland's administration, he left the Republican party and became a Democrat again. This was largely on account of the tariff question.

He was patient and deliberate and nothing could hurry him. Ralph Leete says he could control his temper better than any man he ever knew. He was industrious and energetic in his profession. He was courteous to all and a good advocate He was slow to form his pur- poses, but sure to carry them out. He had great force of character and good judgment in legal matters. On October 27. 1852, he was married to Augusta Ricker, at Franklin Furnace, Ohio. Their children were: Mary Augusta, Professor of English. Smith College, Northampton, Massachusetts: Susan Elizabeth, now Mrs. George Dimock of Eliza- beth, New Jersey ; Emily, now Mrs. Henry C. Folger of Brooklyn, New York : and Francis who married Harriet F. Abbott. daughter of Rev. Lyman Abbott of Brooklyn, New York. Our subject retired in 1872 to Elizabeth, New Jersey, where he made his home with his daughter, Mrs. Elizabeth Dimock until his death on September 22, 1899, survi- ving his wife eighteen years. He and his wife are buried in Woodland Cemetery near Ironton, Ohio.

James M. Ashley

was born in a suburb of Pittsburg, Pa., Nov. 24. 1822, son of John Clinton and Mary Ann (Kirkpatrick) Ashley. His colonial ancestor was Capt. John Ashley of London, England, whose name appears in the second Virginia charter of 1707. His great grandfather, William, was master's mate in the navy during the Revolution. His grand- father. Rev. Benjamin Ashley, was a Baptist minister, and his father (b. 1800, d. 1855) was also an itinerant minister and a follower of Alexander Campbell. His mother was born in Alleghany City, Penn .. in 1800, and died in Matamoras, Ohio, in 1861. The family, then con- sisting of husband, wife and three children, removed to Portsmouth.

GOV. JAMES M. ASHLEY.

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Ohio, in the spring of 1826. James M. Ashley was educated at home under the stern discipline of his father, whose rigor clashed with the spirited and fun-loving rature of the youth, so that at the age of four- teen he left home. He never received much school-education. His mother sympathized with her spirited son, and her letters followed him in all his wanderings. After leaving home he became a common laborer on a flat-boat, then cabin boy, then clerk of a river steamer. He later engaged in freighting on the Ohio, with a flat boat of his own. During his first voyage down the Mississippi he left the steamer at Memphis, to call on his boyish hero, General Jackson, at the "Her- mitage," where he was received very kindly.

In February 1841, he visited Washington to witness the inaugu- ration of President Harrison, and while there Col. Richard M. John- son, the retiring vice-president, introduced him to President Van Bu- ren and other distinguished men. Some years after, he again visited Washington, and was introduced to President Tyler and John C. Cal- houn, whom he found personally a very pleasing man. He attend- ed the Democratic convention at Baltimore in 1844, and through Col- onel Johnson had a seat on the floor of the house with the Kentucky delegation. Beginning active systematic work as an abolitionist when but eighteen, he spared neither time nor labor to understand the posi- tion and tendency of every public man of prominence in the South. and also the exact status of as many of the men of intellect in that section who were not in public life as could be induced to answer his letters. These facts show how, through correspondence and personal acquaintance he was cnabled later clearly to comprehend the power and purpose of those who menaced the national life. During his life on the river he saw much that horrified him with the slave system. In later years he used to relate how free negroes employed to work on the same steamer with himself would be kidnapped. At landing places where the steamer would stop to take on freight they would go ashore to help with the work, and would be arrested on the charge of being runaway slaves, and being unable, without money or friends, to make a defense, and no owner appearing, would finally be sold to pay the expenses of apprehending them. Returning to Portsmouth while still young he studied medicine for a time, and then drifted into the news- paper business, conducting a Democratic newspaper for a time.

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A history of Scioto County, Ohio, together with a pioneer record, Part 37

Author: Evans, Nelson W. (Nelson Wiley), 1842-1913 Publication date: 1903 Publisher: Portsmouth, O. N. W. Evans Number of Pages: 1612

Author: Evans, Nelson W. (Nelson Wiley), 1842-1913
Publication date: 1903
Publisher: Portsmouth, O. N. W. Evans
Number of Pages: 1612