A history of Scioto County, Ohio, together with a pioneer record, Part 4

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 4

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HISTORY OF SCIOTO COUNTY.

of coal No. I. Where the fire clays are found of commercial value, there is barely evidence of the coal. This coal was all formed front plant or vegetable life, converted into coal as we find it. The fire clay was the dirt or earth in which the vegetables, which formed the coal, grew. It is noticable that where there are large bodies of coal, the fire clays are found to be of a soft instead of a flinty nature. In the eastern part of the County, in the coal measures there are valuable ores, as at Scioto, Harrison and Bloom Furnaces .

No. 5 coal seam in Scioto County, in many places is four feet. No. 4 is three and three and one-half feet. When the coal seam is un- (ler eighteen inches in depth it is impracticable to work it for commer- cial purposes. This applies to bituminous coals. Cannel coal can be worked down to eighteen inches. It bears transportation better and is used abroad. The fire clay seams in Scioto County are three to ten feet. Only two of them are of any practical value, No. I and No. 5. The best specimens of No. I are in the water sheds of Little Scioto. The best specimens of No. 5 are in the neighborhood of Bloom Fur- nace. The seams in Kentucky are one and the same as those in Scioto County.

In regard to the Waverly sandstone lying west of the Scioto Riv- er, the greatest developements of it for commercial purposes are along® the line of the Cincinnati, Portsmouth & Virginia Railroad. The thickness of the stratification is the greatest of any place shown in Ohio, and a greater number of workable seams or layers appears. At Otway, some of the seams are six feet thick.

CHAPTER II.

Organization of the County -The Courts from 1803 to 1810 Journals of the County Commissioners-Court Houses and Jails-County Officers.

ORGANIZATION OF THE COUNTY.

On the 9th day of August, 1803, at the house of John Collins, at the town of Alexandria, was the time appointed by law for the first meeting of the Court of Common Pleas of Scioto County, Ohio. The Hon. Wylliss Silliman was Presiding Judge, and Joseph Lucas, John Collins and Thomas William Swinney took their seats as Associate Judges. A grand jury was impanneled. William Masters was in- clicted for assault and battery on Thomas Davis. in Nile Township on the information of John Asa. Stephen Carey was foreman of the jury. John Masters was indicted by the Smalls for selling whisky. Process was issued against these persons. Thomas Scott was appoint- ed Prosecuting Attorney on behalf of the state for that term. The Court received the report of the Commissioners, David Selby and John Chenoweth appointed to fix the seat of Justice in the County, and fixed the proportion of jurors as follows :

Union Township, 20 grand jurors; 31 petit jurors.

Nile Township, 8 grand jurors; 14 petit jurors.

Seal Township, 6 grand jurors ; 10 petit jurors.

Upper Township, 10 grand jurors; 17 petit jurors.

On the Ioth of August, 1803, there was a special meeting of the Common Pleas Court. Asa Murphy was bound an apprentice to Elija Glover to learn the art of hating, so spelled, for three years from the 17th day of April next.

DECEMBER TERM, 1803. Wylliss Silliman was Presiding Judge and Joseph Lucas, John Collins and Thomas William Swinney were Associate Judges. On the 13th of December 1803. Judge Swinney was given a license to solemnize marriages. Robert Lucas was appointed Surveyor of the County. William Jackson was also authorized to solemnize marriages. William Russell was appointed Clerk of the Court. Joshua Parrish and Philip Moore were sureties on his bond.

JULY 31, 1804. John S. Wills was appointed Prosecuting Attorn- ey of the County, and allowed $15.00 for the term.

AUGUST 17, 1804. The Associate Judges met to appoint a clerk pro tem, in place of William Russell, who resigned. They appointed Samuel G. Jones, Clerk pro tem.

NOVEMBER TERM, 1804. Levin Belt was Presiding Judge. Jos- eph Lucas, John Collins and Samuel Reed were Associate Judges.

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HISTORY OF SCIOTO COUNTY.

Stephen Carey, was foreman of the grand jury. James Norris was in- dicted for assault and battery on Elijah Glover, on Sept. 20, 1804, on information of Stephen Carey. John S. Wills was allowed $10.00 as Prosecuting Attorney at the November term, 1804. At this term Solomon McCall presented a petition for specific performance of a contract with one Middleton Harmon, and the Court ordered the ad- ministrator of Middleton Harmon to make conveyance in accordance with the petition.

APRIL 6, 1805. Robert F. Slaughter was Presiding Judge. Jos- eph Lucas and John Collins were Associate Judges. Henry Brush was Prosecuting Attorney for that term, and was allowed $12.00 for his services. On the second day of this term, the Court appointed Alex- ander Curran as Clerk in place of Samuel Jones, resigned.

JUNE TERM, 1805. Robert F. Slaughter was Presiding Judge. Joseph Lucas, John Collins and Samuel. Reed were Associate Judges. Jessup N. Couch was appointed Prosecuting Attorney for the County of Scioto for this term. William Creighton and Henry Bruslı were attorneys, practicing in the County, though it does not appear that they lived there. In June 1805, Michael Baldwin was practicing law in Scioto County.

On the 10th of May, 1803, at the town of Alexandria, at the house of John Collins, there was a meeting of Associate Judges composed of Joseph Lucas, John Collins and Thomas William Swinney. They took their seats and appointed William Russel Clerk pro tem. Then they proceeded to lay off the County into townships, to-wit: Be- ginning on the Ohio at the County line; thence up the same to the mouth of Carey's Run; thence with the same to the dividing ridge; thence with the said ridge to the County line; thence with the same to the beginning, which boundaries shall compose Nile Township, and elections for the same shall be held at the house of John Thompson.

The next Township was Union. It began at the mouth of Carey's Run on the Ohio; thence up the same to the mouth of Little Scioto; thence up the same to include old Mr. Monroe's ; thence westwardlv to the twelve mile tree on the Big Scioto; thence westwardly until it strikes the dividing ridge between the waters of Brush and Bear Creeks with the same including all the waters of Brush Creek to the County line ; thence with the same to the dividing ridge between the waters of the Ohio and Brush Creek ; thence with the same to the head of Carey's Run, down the same to the beginning, which boundaries composed Union Township and elections for the same shall be held at the house of William Lucas, Jr.

Then came Upper Township described as follows: Beginning at the mouth of Little Scioto; thence up the Ohio to the County line; thence with said line to the Ross County line; thence with said line to opposite the main branch of Little Scioto; down the same to the beginning, which boundaries shall compose Upper Township, and the

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map of SCIOTO COUNTY, OHIO Showing the Sub-Division into four Original Townships in 1803 Scale 1 Inch = 5 Miles

HAMILTONS

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THE LIGHT DOTTED LINES MARK THE PRESENT TOWNSHIPS EMBRACED WITHIN THE ORIGINAL BOUNDARIES OF THE COUNTY.

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THE EARLY COURTS.

elections shall be held at the house of Peter Reeshaws.

Then came Seal Township, described as follows: beginning on the Ross County line opposite the head of the main branchi of the Lit- tle Scioto, with said line to the west corner of Scioto County ; thence south to the dividing ridge and Brush and Camp Creeks; thence with the same to include the waters of Camp Creek and Bear Creek to the twelve mile tree on the Scioto: thence eastwardly to the main fork of Little Scioto, half a mile south of old William Monroe's; thence up the same to the beginning, which boundaries compose Seal Township. Elections for the same shall be held at the house of old Mr. Downing. The number of magistrates for Nile Township was two; Union; three; Upper, two: Seal, two. James Edison was appointed County Treasurer, William Russell was appointed Recorder of Scioto County.

There was a Court held on August 9. 1803. Robert Bennett was granted a tavern license for $6.00. John Collins obtained a li- cense to keep tavern in the town of Alexandria for one year at $8.00. William Russell qualified as Recorder of the County. Thomas Wal- ler was appointed Treasurer to succeed James Edison, who was ap- pointed but refused to serve. Philip Moore was appointed Inspector of the County.

On the 18th of December 1803, at the December term, Moses Monroe took a tavern license for the County of Scioto, for one year at $4.00. Two dollars was given for a full grown wolf or panther and one dollar for one under six months. John Thompson was given a tavern license in the town of Portsmouth, for one year at $4.00. Philip Moore took the oath of office as inspector with William Russell and David Gharky as sureties, and ordered that the Inspector furnish the branding iron with the letters, "S. C. S."

At the July term, John Scott obtained a license to keep tavern in the town of Alexandria, for one year at the rate of $9.00. On the 4th of July, 1804, Elijah Glover obtained a license to keep tavern in the town of Alexandria, for one year at the rate of $9.00. William Lawson was allowed $8.75 for his services as Commissioner to July 4, 1804. Samuel Lucas was allowed $10.50 for his services as Com- missioner. James Edison was allowed $8.75 for his services as Com- missioner to July 4, 1804.

At the November term, 1804. at the General Quarter Sessions, held at Portsmouth, Ohio, John Collins was granted a license to keep tavern in the town of Alexandria, for one year, at the rate of $10.00. This was the only business transacted at this meeting.

December, 1804. At a special meeting of the Associate Judges, John Collins and Joseph Lucas, it was ordered that $1.00 be given for a full grown wolf or panther scalp and 50 cents for one under six months. James Edison was allowed $8.75 for his services as Con- missioner from April 4, 1804 to December 1804. Samuel Lucas was allowed $10.50 for the same period. William Russell was granted a

HISTORY OF SCIOTO COUNTY.

license to keep tavern in the town of Alexandria, for one year at $9.00. William Lucas obtained a license to keep tavern in his dwelling for one vear for $5.00. Uriah Barber obtained a license to keep a tavern in the town of Portsmouth for one year for $5.00.

At the April term, 1805, William Baker was granted a license to keep tavern for one year for $5.00. William Lawson was allowed $7.00 for services as Commissioner from the 4th of July 1804 to July 1805.

On October 30. 1805, the number of Justices of Union Township was increased by two.

On the 3rd day of April, 1805. Levin Belt was Presiding Judge, John Collins, Samuel Reed and William Kendall, his associates. Sam- uel Gunn was foreman of the grand jury. Henry Brush was practic- ing law in Portsmouth at that time and John G. Gervais had a suit.

On the 4th day of April, 1805, Levin Belt was Presiding Judge and John Collins, Samuel Reed and William Kendall were Associate Judges. Samuel L. Crawford seems to have been Prosecuting Attor- ney at that time.

On the 17th of June, 1809, there was a called meeting of the Court. James Thompson and Christian Bacus were charged with assuming authority of trustees of Green Township. John Collins, Samuel Reed and William Kendall were the Judges. The prisoners were led to the bar in the custody of the sheriff, and it being inquired of them whether they were guilty, whereupon divers witnesses were sworn and examined and the prisoners heard in the own defence. On consideration whereof and of the circumstances relating to the crime, it was considered by the court that the said James Thompson and Christian Bacus enter into recognizance in the sum of $30.00 each, with securities in the same amount, or, on failure that the said James Thompson and Christian Bacus be remanded to the jail of said Count- ty. They gave bail to appear at the next term.

On the 28th of June, 1809, John Collins, Samuel Reed and Wil- liam Kendall were the Associate Judges.

On the 4th of September, 1809, Levin Belt was the Presiding Judge and John Collins, Samuel Reed and William Kendall were the Associate Judges. Samuel Lucas was foreman of the jury. At this term Emanuel Traxler was indicted for assault and battery on James Thompson. He was fined $5.00 and costs.

On the 5th of September 1809, Cynthia Belli, widow of John Belli, of Scioto County, Ohio, was granted administration on her hus- band's estate. William Kendall and Thomas Waller were sureties on her bond of $5,000.00. Cynthia Belli, administratrix of John Belli, filed her petition to carry out a real estate contract and the peti- tion was granted.

On the 4th of December, 1809, the Court was held with Levin Belt, Presiding Judge, and John Collins and Samuel Reed as Associ-

COMMISSIONERS' JOURNAL.

ates. William Lawson was foreman of the grand jury. Jessup N. Couch was appointed Prosecuting Attorney, in place of Samuel F. Crawford, resigned, for that term. Elijah Glover was indicted for as- sault and battery and pleaded not guilty. He was tried by a jury on which Aaron Kinney, Samuel Van Hook, John Wright, Samuel Gunn, Benjamin Feurt, Henry Rickart, Henry Hughes, Uriah Bar- ber, George Sallady. John Brouse, , John Logan and Davis Murphy were jurymen. They found him guilty. The jury was polled and counsel for the defendant moved in arrest of judgment because of er- rors and defects in the indictment. The Court found the motion good and arrested the verdict and discharged the defendant. John Brown sued Elijah Glover in slander and by agreement of the parties, the defendant was given leave to give any evidence that would be in justification. It seems that Elijah Glover also had a slander suit against John Brown.

On Monday, April 16, 1810, John Thompson was the Presiding Judge with William Russell and Charles F. Mastin as Associates. Alexander Curren appeared and tendered his resignation as Clerk and Havillah Gunn was appointed Clerk pro tem. James Edison was foreman of the grand jury. Jessup N. Couch was appointed Prosecu- ting Attorney for the term.

On the 25th day of May, 1810, there was a Court held with John Collins, William Russell and Charles Mastin present. The mecting was held for the special purpose of appointing a Clerk pro tem in placc of Havillah Gunn, resigned. James Munn, the Coroner, also re- signed. John R. Turner was appointed Clerk pro tem and took the oaths prescribed by law. He held this office until 1855. Alexander Curran handed in his resignation as Recorder of the County. It was accepted and John R. Turner was appointed Recorder in his place. Whereupon the Court dissolved, signed, "John Collins."

The Journals of the Board of County Commissioners of Scioto County .- Extracts from.

We should find them from May 10, 1803, but none are to be found in the Court House earlier than June 8, 1812. What has become of the Journal between May 3, 1802 and June 8, 1812, no one about the Court House could tell, and it was impossible to interest the Board of Commissioners in its recovery.

The lost Journal contains the organization of all the townships created in the first nine years of the existence of the County, and their boundaries, but that information is forever lost, and the facts which would appear in the lost Journal can only be obtained collaterally if at all.

It appears that on June 8, 1812, George Washington Clingman and Jacob Noel were two of the Commissioners, and as such had a session.

Clingman was referred to in all records as Washington Clingman. The Clingman family was a large one, and among the first settlers. This particular Clingman took up all the land between Cole's Hill. two miles from the Court House in Portsmouth and the foot of Houston's Hill and between the Scioto hiver and Martin Funk's tract. Houston's Hill was first called Clingman's Hill and should have retained the name.

This Jacob Noel, who is recorded in the first journal, was Colonel Jacob Noel. He was a son of Phillip Noel, who came from Virginia with a numer-

HISTORY OF SCIOTO COUNTY.

ons progeny, and with them settled the Scioto Valley for five miles north of Portsmouth.

Militia Colonels were elected by their commands, and so this particular Noel must have been well thought of by his neighbors. He was a commissioner of the County for fourteen years, the longest period any commissioner of Scioto County ever held office, but he was born in Virginia, and that is all that is necessary to state in explanation of his long service in this office.

On August 24, 1812, the Commissioners met and appointed Collectors of taxes for the several Townships.

The following appointments were made:

Seal, Thomas Sappington; Upper, William Carpenter; Union, William James; Madison, Thomas Bennett; Nile, John Russell; Wayne, Samuel Burt; Franklin, Tapley White.

When we reflect that Piketon is now in the center of Seal Township and the city of Ironton is Upper, we can understand how much larger Scioto Coun- ty was territorially in 1812, than it is now.

Franklin Township has disappeared from the map.

On August 12, 1812, Gen. William Kendall, who is in evidence every- where in the early records of Scioto County, was allowed $1.75 per day for his services, and the Associate Judges were allowed $3.00 per day at that time, although soon after, their per diem was fixed at $2.00 per day, and so remained while they were in office.

On September 9, 1812, Doctor Thomas Waller is mentioned as a Com . missioner. In his time no public business was transacted unless he was con- sulted and in it. He was not only consulted about the physical ills of the peo- ple, but advised about their business as well. He was worthy of every trust imposed upon him, and one of the best citizens any County could boast of.

Some of the acts of the Commissioners at this time consisted in allow- ing for wolf scalps, and they put the allowance of record on July 31, 1812 to Ignatius Burriss and Anthony Worley, $1.50 for three scalps.

On September 9, 1812, John Russell is noted as a Commissioner.

There were two Russell families in Scioto County in the pioneeer days. This particular John Russell belonged to that family which went to Illinois. There has been no representative of this particular Russell family in the Coun- ty, for over 60 years.

William Russell, Congressman, the founder of the other Russell family, has numerous descendants now resident in Scioto County.

On October 8, 1812, the Commissioners took a slice off Jefferson Town- ship and added it to Madison. This was a common practice in the early days, and it was done to gratify the fancy of any settler on the border of a township who imagined he would rather live in the adjoining Township, than the one he found himself in. Then if he wanted to be a Township officer, in the Town- ship he resided in and could not be, he was attached to another township where he was better appreciated.

On June 13, 1813, the commissioners allowed Richard Douglas, Esq. $25.00 for being the Prosecuting Attorney of Scioto County at August term 1812. This Richard Douglas was the grandfather of the Hon. Cliff Douglas, present Common Pleas Judge of Ross County and the Hon. Albert Douglas of the same County. Richard Douglas at that time practiced in Scioto County. It will be noticed that the services were rendered in August 1812, but were not allowed for till January 1813. This was the custom in the first days. Every- body was honest and everybody was easy in the collection of claims.

At the same time, levin Belt, another Chillicothe lawyer, was allowed $25.00 for Prosecuting Attorney at December term, 1812. Belt was not the law- yer Douglas was. In the language of Dickens he was a "slow coach." He was born an Englishman, but learned the secret of obtaining official positon of the native born Virginians and practiced it as well as they did. In the first twenty years of the history of Scioto County, Chillicothe furnished almost all its legal talent, and could do so at the present time, if called on. Levin Belt has a daughter buried in the oldest part of Greenlawn Cemetery. She was the first wife of Henry Buchanan, the Banker.

On June 8th, 1813, it appears that horses were assessed at 30 cents per head, cattle at 10 cents per head and other property at one-half of 1 per cent, ad valorem. These were halcyon days for the poor afflicted tax bearer.

COMMISSIONERS' JOURNALS.

The rate for taverns in Alexandria in 1813 was $9.00 and that of Ports- mouth only $5.00. Think of the fact that in 1813, Alexandria was still a more important place than Portsmouth! There is not even a vestige or it in exis- tence. The taverns on the Portsmouth and Chillicothe road, which were Phillip Noel's tavern at the Aaron Noel place, John Lucas tavern at Lucas- ville and Martin Funk's on the Micklethwait place, were taxed at $7.00, two dol- lars more than Portsmouth. This discloses the fact that the wagoners would not remain in Portsmouth over night, if they could help it and that the Country taverns had the most custom.

The wagoners were evidently afraid of Portsmouth malaria, though there was at that time plenty of good corn whiskey to neutralize its effects.

At this session ferry rates were fixed at $4.00 per year each, for the Scioto and the Ohio. At the Scioto river ferry the charges were to be 614 cents each for a single person, 121/2 cents for a man and horse and 75 cents for a loaded wagon and team. Across the Ohio, one person paid 10 cents, horses and cattle 614 cents, loaded team $1.00. A four wheeled car- riage or empty wagon was charged 75 cents, horse or head of cattle 10 cents, sheep or hog 3 cents. At the Little Scioto ferry, the rates were somewhat less. The fact of Uriah Barber being coroner in 1812 is referred to.

He was coroner of the County most of that time, till his death in 1846.

In June, 1814, the rate for tavern license in Portsmouth was made $12.00 and Alexandria $6.00. Evidently the importance of Portsmouth has ad- vanced. Taverns on the Gallipolis road were fixed at $9.00, and on the Chillicothe road at $8.00.

At the June session 1814, collectors of taxes for the several Townships were appointed. Franklin, Seal and Upper are still named, and Bloom first appears.

On December 6, 1814, N. K. Clough was allowed $33.33 as Prosecuting Attorney. This was his first appearance in the Commissioner's Journals, and the rate of allowance was $100.00 per year, which was the usual rate at that time in all the counties.

On June 4, 1816, William Kendall was allowed $54.23 for his service as Treasurer for the year past.

- In that time he received and disbursed $1600.00. At the same time John R. Turner was allowed as clerk for the Commissioners for six months, Novem- ber, 1815, to April 12, 1816, $12.50. Happy tax payers, happy people! But then John R. Turner lived out of and off of his garden at that time, and Gen. Ken- dall off his farm.

At the same session, Thomas Bennett was allowed $5.00 for listing Bloom Township. One of the present generation of Bennetts living there now, would be allowed about $80.00 for the like services.

On October 22, 1816, William Jones, Portsmouth's first school teacher, was allowed $8.00 for listing Union Township which then covered about ten times the territory of the present Union Township.

In 1817 Nathan Wheeler, Sheriff, was collector of the residents' land tax. The duplicate given him was $1012.00, and his commission was $60.72. He col- lected $892.50 and returned as delinquent $49.87. He was a prominent citizen in his time, but his last resting place is utterly unknown to the present genera- tion, though he died in Portsmouth, Ohio, in 1823. He was probably buried where the Burgess mill formerly stood, and his remains never removed in 1829, when that burial ground was vacated.

On January 31st, 1817, Gen. William Kendall was allowed $25.95 for mon- ey loaned the County, while John Young was building the Court House which stood on Market street.

On the same date Samuel Morrison was allowed $1.00 for a wolf scalp, prior to this the price had been 50 cents.

On March 9th, 1817, Reuben Chaffin was allowed for listing Green Town- ship, $6.00.

On June 3rd, 1817, Gen. William Kendall was allowed $56.70 for one year's services as Treasurer, four percent. on $1417.50. At the same time Thomas Rardin was exempted from County tax for this year.

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A history of Scioto County, Ohio, together with a pioneer record, Part 4

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