USA > Ohio > Highland County > A history of the early settlement of Highland County, Ohio > Part 28
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the statute-fully authorized to pur- chase the land -- if the commissioners selected a site not already appropriated
The prisoners, when they escaped from the cabin, made no effort to get away, well knowing that there was no by a town -- of the proprietor or pro- jail and thinking there was no other prietors, for the use and behoof of the place in which they could be securely county, and proceed to lay off said land confined. The Sheriff retook them im- into lots, streets and alleys, under such mediately, and by a happy presence of regulations as the Court may prescribe; mind marched them to Barrere's new and the said Director is hereby author- well, into which he thrust the whole ized to dispose of the said lots, either at three, covering the month closely with public or private sale, as the Court may heavy fence rails. In this new species think proper, and to make a legal cou- of "Black Hole," they remained in per- voyance of the same in fee simple to fect safety till the Court ordered them the purchaser; provided, the land pur- out for trial, when an Indian ladder, i. chased and laid off in lots shall not ex- c. a pole full of stubby limbs, which ceed seven hundred acres." This stat- have been cut off about a foot from the ute further required that the first pro- trunk-was let down into the well, by ceeds of the sale of the lots should be which the prisoners easily climbed to applied to the payment of the land and the surface, sad and sober. This was defraying the necessary expenses of the first punishment by imprisonment laying off the lots, and the residue of inflicted in the county of Highland. the money paid into the county treas- ury.
'This terin of Court was held in the bar room of Barrere's tavern, no better
During the February term a fellow accommodation having yet been pro- was arraigned at the har on a charge vided by the county. Indeed, New of having borrowed a neighbor's saddle Market had been for some time previ- withont his knowledge or conseut. ous regarded, by all except the more The Court ordered the Sheriff to keep obstinate and interested portion of the the acensed in custody, together with citizens of that place and vicinity, as two others charged with riotons and merely the temporary seat of justice. disorderly conduct, until they conkl With this view of the case, no attempt have a trial hy a jury of their peers, was made to provide more comfortable The Sheriff led the delinquents to a and convenient quarters for the
sinall cabin hard by, and formally "in- sessions of the Court in cold weather careerated" them therein; but whilst than were furnished by the little ball room peculiar to the smalltaverns fifty years ago. The jurors were quartered, their deliberations, when the
he was laboring to effectually securo the clapboard door on the outside with a hickory withe, so as to warrant the for safe custody of his three prisoners, weather was too inclement to permit they were on the alert on the inside them to take a position under the shade and found a wide aperture between of a spreading tice, in a pole pen right the logs, through which they all crept by ten feet, with open cracks and im- and coolly walked off.
perfect roof.
During this term of Court the Clear
At that time it was regarded by many in and around New Market, as Creek men, having triumphed over the
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A HISTORY OF HIGHLAND COUNTY, OHIO.
New Market men, were much inclined ed to suspend business on account of to crow over their defeated antagonists the frightful uproar out doors. He or- of the past two years. Considerable dered the Sheriff to comand the peace ill blood had existed for some time on and to arrest the offenders. But the both sides, and more than one severe order was far easier made than execu- fight had occurred, when the parties ted. Maj. Franklin, the Sheriff, made met at Courts and other gatherings. an effort, but found some hundred or On this occasion the New Marketers
more stout, bloody and infuriated men bore the taunts of the Clear Creekers included in the order and no one to as- the first day, but not with a very good sist. Ile saw the game had to be play- grace, and it was manifest that a storm ed out then and he wisely desisted. was brewing and that the slightest ag- The battle finally was over and neither gravation of provocations already ex- isting might bring on a general fight though all more or less wounded, the between the factions. party positively claiming the victory, Court concluded, in view of the fact
On the second and last day of the that there was but one new well in term, in the afternoon, shortly after town, and that of limited dimensions, Court met, a wrestling match, which to countermand their order and let the had been previously made up between whole affair pass as a grand but terri- a New Market man and a Clear Creek ble exhibition of Ilighland chivalry man for the purpose, as it was said, to and courage, equal, as the presiding settle the long mooted question as to Judge remarked, to twenty Spanish which faction was composed of the bull fights. best men. The question was thought
It appears that the Commissioners important, and its decision, in a con- appointed by the Legislature at the Ses- clusive manner, was considered neces- sion of 1805, to establish the permanent sary at that time. Wrestling was seat of justice for Highland county, adopted for the plain reason that it having performed their required duties, would not do to get up a deliberate during the following spring, returned fight whilst the Court was in session, their report to the Secretary of State at with the terrors of Barrere's new well Chillicothe, to await the action of the staring them full in the face. So the next Legislature. During the session of two champions, Dana for Clear Creek 1806 action was taken by the Legisla- and Gibler for New Market, entered ture on the report, and the proceedings the ring formed of their friends, in the of the Commissioners approved and street immediately in front of the bar confirmed, by a special act establishing room in which the Court was sitting.
permanently the county seat.
Gibler was the stoutest man, and the
The point selected by the Commis- New Market men were sanguine in the sioners after a careful and thorough triumph of their party. After a most survey of the county, was believed to be desperate struggle they fell, but Dana as near the center as practicable, though was on top. At this unexpected re- lying somewhat north of the actual cen- sult the Clear Creek men shouted like ter, which was then ascertained to be in savages and gave the well known war a large bog near the Rocky Fork, south- whoop. When Gibler rose, mortified west of the site selected near two miles, and maddened by the crowing of the on land afterward owned by J. M. opposite party, he instantly struck Trimble.
Dana and knocked him down. At knocked down Gibler.
A strong inclination was manifested this, "Billy" Hill, quick as lightning, by the Commissioners to establish the Hill, in his county seat at what is now known as turn, was instantly knocked down by the Eagle Spring, as being near the cen- Bordon, when "Jo." Swearingen pitch- ter, and already somewhat improved by ed in, and knocked down some five or the residence, clearing and pottery of six New Marketers, in such rapid suc- Iliff. But the ground was not thought cession that the first had hardly risen to be as well adapted to the purpose as when the last fell. The whole crowd the beautiful ridge near a mile north- cast, which was at length wisely select- ed and reported.
. had by this time engaged in a general fight, and such a scene of knocking down was never witnessed in New Market, nor perhaps in Ohio, before or since. Swearingen was remarkably
The site thus chosen for the future capital of Highland, lay immediately on the trace from New Market to Clear stout and very active, and he plied Creek. It was therefore well known to himself so dexterously as greatly to damage the enemy without receiving a scratch himself.
most of the citizens of the county, and regarded by the most tasteful and intel- ligent as the true place for the county
Ilis Honor, Judge Belt, was compell- town. The ridge was known as the
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A HISTORY OF ILIGIILAND COUNTY, OHIO.
highest point in the county, and from doubtless proceeded in his duties under the great number of springs of pure cold the statute, on his own responsibility ; water which gushed from many parts of for it appears that he entered into nego- its surface and sides, good water, pure tiations with the owner of the land on air and health, were abundantly prom- ised to its inhabitants for all coming time.
which the Commissioners located the future seat of justice. Having ascer- tained that the land could be purchased on favorable terms and a good title con- veying the fee in the same, be obtained,
Other points also set up claims, and quite a formidable rival was found on the north bank of Clear Creek, some he reported accordingly to the Court, at three miles distant from the chosen site. the July terin, 1807. It does not ap- But the Commissioners were good men, pear, from the record of this term, or at acting under oath and free from all local any subsequent term that year, that the interest in the matter. They therefore Court agreed upon any set of instruc- acted independently, and followed the tions for the government of the Director. dictates of their best judgment.
On the 28th of August of that year,
Jo Carr was inch blaumed by the Hays, the Director, made a survey and New Market people for the removal of plat of the town, and on the 7th of Sep- the seat of justice from that place. Ile tember following, he received a deed for was deeply interested in its permanent two hundred acres of land from Benja-
location there, and was active as min Ellicott, through his attorney in the influential advocate before the Leg- fact, Phineas Hunt, the consideration islature. So confident was he of New of which was one hundred dollars. Market being within a mile or two at This two hundred acres of land thus the farthest, of the center of the county, deceded to David Hays as Director, was that he consented to the introduction of the land on which he laid off the town n resolution in the Legislature to the which is named Hillsborough. This effect that, if on a careful survey by the name was given the place, it is said. by Commissioners, that place should not be the Court of the county, because of its found within four miles of the center, to elevated situation, and as appropriate to yield the point and abandon, forever, all the name of the county. This, though claims for that place. Accordingly, the entirely probable, is not well attested, resolution was adopted, and thenceforth and some of the men of that day claim- became binding and conclusive as to the ed that the town was named for Capt. claims of the people of New Market.
W'm. Hill (Billy Hill, as he was famili-
When the survey was made it was arly called). Others assert that Hays found that New Market had lost by named the place himself, but the rea- about half a mile. Provoking as the re- son why he adopted the name is not re- sult was, they could do nothing. Their membered. own proposition had been accepted, as
One thing is certain, Mr. Hays desery- made by their lobby member, Carr, and ed the honor of naming the town and hard as it was, they must bear the rod. we should like to be alle to assert posi- They did not, however, in their forced' tively that he did. All connected with acquiescence, dismiss from their hearts his services as Director evidence not the mortification and bitter feelings en- only a liberal, but an enlightened gen- gendered by the result, and many of tleman, of excellent taste and a stern them carried, through half a life-time, sense of justice. He wasidentified with to their graves, a fixed and irrevocable the New Market party, and of course enmity for all prominent actors in the would, it he had been an ordinary man, opposition party.
have shared in their prejudices and hos
It was stated in the last chapter that tility. But the contrary is abundant- David Hays was appointed Director for ly manifest.
the new county seat by the Court of He had the whole control of the Common Pleas, at the February term of matter, for the Court, who might, nudler 1807. From the Journal of the Court it the law, have dictated to hin, declined appears that a special term was held on all action, leaving everything to him, the 1st day of May, of that year, for the and considering that it was done righty- purpose of determining upon the duties one years ago, when the elegant and and course of policy to be embodied in refined notions of the present enlighten- the instructions of the Court to the ed day had not dawned upon the men Director in reference to the seat of of the rifle and leather breeches, we justice for the county, but the record can not refrain from expressing our sur- states that the Court were divided in prise and admiration at the result. opinion and adjourned without doing anything.
In those days, towns, even citice, were not generally cither liberally or
In that state of case, the Director tastefully lid out. Narrow streets and
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A HISTORY OF HIGHILAND COUNTY, OHIO.
narrower alleys confined the diminu- bid off the Mattill corner, David Reece tive lots on which people were com- the lot on which the widow of Joseph I. pelled to fix their abodes or not stay in Woodrow now resides. Allen Trimble the place. This unfortunately illiberal bought the Joshua Woodrow corner. feature is too manifest in most of the The lots were sold on twelve months towns and villages of Ohio which were credit. The out-lots sold at about laid out at an carly day. twenty to twenty-five dollars, and con- tained from three to five acres. Richard
Hillsboro was, however, fortunately almost a solitary exception. The plan Evans bought the lot on which Gen. adopted by the Director, who was him- Trimble afterward resided, containing self the surveyor, was worthy of the three acres and some poles, and sold it taste and intelligence of the present to the General for thirty dollars. Wal- day, and most appropriate to the beauti- nut street was so named by Hays be- ful and commanding site of the present cause a pretty young walnut tree was admirable town. The full merits of the found in the line of it not far from Mat- plan are now perceptible, and the far till's corner. Beech street was named reaching understanding of Mr. Hays because a beech grew on it, visible to all.
Considerable excitement was visible The two principal streets, Main and among the crowd during the day, pro- High, were laid off ninety-nine feet wide, voked chiefly by the New Market men. and all the others sixty-six. The alleys Towards evening, however, the effects of were made sixteen and a half feet. The Bloom's ginger-bread and whisky be- in-lots were ninety-nine feet front, by came visible to an extent which threat- one hundred and ninety-eight feet back. ened to detain more than one valiant
The sale of the lots which the Direc- New Marketer on the town plat that tor was authorized to make, was at night. public auction on the ground, and took
The crowd assembled on that occasion
place about the first of October of that was peculiar. A considerable number year. We are not able from records or of Quakers in their broad brims and the memory of persons then present, to plain coats with their sedate counte- fix the precise day of the sale, though nances, gave variety to the various rep- we are well satisfied from other well resentatives of Pennsylvania, Virginia, established facts in connection with it, Kentucky, Maryland and New Jersey. that the sale was within a few days of the date above named.
Almost immediately after the sale was made, preparations were commenced to
On the day of the sale a large con- make improvements. John Campton, course of people was present, chiefly, from New Market, had purchased the however, from the Northern and East- lots known as the Trimble Tanyard.' ern portions of the county, the New He was a tanner to trade and had been Market men not turning out well. The looking out for a site for a tanyard some sale took place on Beech street, east of time before the sale. He had discovered the present site of the Clifton House. the spring which is on that lot and care- All the land appropriated for the town fully covered it over with brush, so that' was then a virgin forest of dense growth. no one might find it and thus be induced The timber was oak, hickory, walnut, to bid against him. He put up a little beech, &c., with dogwood, spice, hazel, shanty at this spring, and was living in &c., for undergrowth. it within ten days after the sale. This
Christian Bloom and his wife were on was the first building of any description hands to supply the crowd with ginger erected on the town plat. The next was bread and whisky. They had erected a a small rough log cabin with clapboard little tent near the stand of the auction- door and roof, built by Jo. Knox, on the eer, where they found ready sale for ground now occupied by the frame part their stock. Constable John Davidson, of the Ellicott house. This building was of New Market, was the auctioneer. A completed about the first of November, considerable number of lots were sold and opened as a tavern, the first in the at prices ranging from twenty to one town. By this time much of the timber hundred and fifty dollars. The Smith in the streets had been cut down, hewed corner was purchased by Allen Trimble and logged off for building purposes, and at one hundred and fifty dollars. The to some extent the outlines of the two Johnson corner sold for the same. The main streets were defined by the fallen Fallis corner was reserved. Other lots timber. The timber of the streets was on Main and High streets, extending considered public property and there- out from the center, varied in price from fore fell first. But the opening in the forty to seventy-five dollars, while on woods, which pointed the course of the Beech and Walnut, they sold from streets was all, the ground of the streets twenty to twenty-five dollars. Hays was literally blocked up with logs and
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A HISTORY OF HIGHLAND COUNTY, OMIIO.
brush, and to pass on horseback it was hitthe has so fremmently appeared in necessary to leave the street and take to these pages, and who occupied auch a the woods. prominent position in the early territory
At the annual election for State and of Southern Ohio, and so deservedly en. county officers, which took place on the joyed the respect and confidence of all 13th day of October, 1807, Moses Patter- the first settlers of Highland, should ); son was elected Commissioner in the more particularly presented to the place of Jonathan Boyd, whose term reader. He never was a citizen of ont of service had expired. The election in county, it is true, but he resided for Liberty township was held at Samuel many years on the inmediato border of Evans' house on Clearcreek. Augustus it, and as the leader and master spirit of Richards was elected Sheriff over Wil- the pioneers and early surveyors, was liam Hill, his only opponent. Hill re- known and loved by our fathers.
ceived the largest number of votesin the Gen. Nathaniel Massie was born in county, but for some cause not apparent Goochland county, Virginia on the 28th on the record, the entire vote of Fairfield day of December, 1799, and was the ell- township this year was rejected, which est son of Major Nathaniel Massie, an gave the office to Richards. This was opulent farmer of that county. At the the only office, however, affected by the age of seventeen years young Massic rejection of the poll books. Daniel Fair- entered the army of the Revolution and ly was elected Coroner. Duncan Me- served for some time. He returned Arthur was chosen Senator for Ross and home and studied surveying and in the Highland, and Jeremiah McLean and fall of 1783, he in his nineteenth year. Jolin A. Fulton received the highest set out for Kentucky. From this time vote in Highland for Representatives. on, dated his career as a pioneer, sur- There were a number of candidates for veyor and a daring leader of the Indian this office, most of whom were good fighters of Kentucky in the north-west- men. For Governor of the State there ern territory. His feats of bravery, were four candidates, Nathaniel Massie, magnanimity and usefulness, have Samuel Huntington, Thomas Worthing- been given in outline in connection ton, and Return J. Meigs. Gen. Massie with many of his companions, in the seems to have been a great favorite in earlier pages of this history, and no com- Highland at that day. He received all ment of ours could in any way enlarge the votes cast, except six, Huntington his claims to the gratitude of the de- got one, Worthington two, and Meigs scendants of the pioneers and the in- three. The contest was very close be- habitants of Southern Ohio. He was a tween Massie and Meigs. They were very superior man and just snited to the most popular men in the State. the time, place and circumstances. He Col. Meigs received a small majority of was the first Major General of Ohio votes, but did not get the office. The militia and represented Ross and High- election was contested by Massie on the land in the Legislature whenever he ground that Meigs was ineligible by the chose for many years. Gen. Massie Constitution, in consequence of his continued to reside at his hospitable and absence from the State for more than elegant home at the falls of Paint till twelve months at one time, and a suffi- the day of his death. In the spring of cient length of time not having elapsed 1813, although advanced in years, the since his return to restore him to his spark of his youthful fire remained in- lost citizenship. The contest was before quenched, and hearing that Harrison the General Assembly. After hearing and his brave little army were besciged the testimony and arguments, it was by the British and Indians at Fort decided by that body that Meigs was in- Meigs, Massic left his fire-side, eligible, and that Massie having the shouldered his ritle and mounted his largest number of votes was duly elect- horse. He rode to almost every house ed Governor of the State. But he, how- on Paint creek, urging upon his fellow- ever, desirous he might be of the honors, citizens every argument that patriotism was too magnanimous to accept it under could suggest to take the field. Num- the circumstances, and immediately bers joined him. With them he pro- after the decision in his favor resigned The office of Governor thus because vacant and according to the provision of the Constitution in such case, Thomas ceeded to Chillicothe. There a number more joined him. Without time to or- ganize, as the extremity was great, the party under Massie being mounted, Kirker, of Adams county, being Prest moved rapidly to Franklinton, whero they were supplied with Government
dent of the Senate, became Governor the remainder of the year, (1808,) till arms. The party by this time number- the next annual election in October. ed five hundred, and Massie was elected
It is proper we think, that one whose commander by acclamation. They left
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A HISTORY OF HIGHLAND COUNTY, OHIO.
Franklinton without delay and dashed during his captivity. The new Sheriff, ahead as fast as their horses could carry Gus. Richards, was paid $16.50 for feed- them to the scene of danger. When they had nearly reached Lower San- dusky they were met by an express from General Harrison, with the news that the enemy had raised the seige and retreated to Canada. They then return- ed to Chillicothe, where they disban- ded and returned to their farms. This was Gen. Massie's last public act. In the following fall he was suddenly attacked by disease, and on the 3d day of November breathed his last, and was buried on his farm at the falls of Paint. No man had died in the State or Union, since Washington, who was as deeply and sincerely regretted in Southern Ohio as General Massie.
ing and guarding him, and James Smith was paid $2 for guarding him two days and nights; Isaac Huffman, $1.50 for same; Jesse Chainy, $1.50 for same; John Evans, $1 for same ; David Evans, $1 for same. John Davidson, Deputy Sheriff and Constable, $4.25 for service in the State, prosecuting against Eakins; and James B. Finley, David Mills, Robert Thomas and Andrew Ellison, $4 for guarding James Eakins; and it was further ordered, that Andrew Ellison receive $3.50 for seven days attendance as a witness in said suit. This must have been a big affair in the new seat of justice, opened in the midst of the virgin forest, and no doubt produced a The fall term of the Highland Com- mon Pleas for 1807, was held at the new scat of justice, in Jo. Knox's log cabin tavern. The journal reads : "At a Court of Common Pleas began and held in the town of Hillsborough, this 9th day of jury, composed of good and true men of sensation throughout the entire county. James Scott was Prosecutor of the public pleas that term, for which he was ordered $20. Finally on the second day of the term, Eakins was tried by a November, 1807, present, the Hon. the county, to-wit: David Jolly, Geo. Richard Evans, John Davidson and Richards, John Campton, James Smith, and Johathan Berryman Esquires, Associate Judges, and David Ilays Clerk."
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