Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals, Part 14

Author:
Publication date: 1892
Publisher: Chicago, Goodspeed Pub. Co.
Number of Pages: 642

USA > Ohio > Muskingum County > Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals > Part 14

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Hartmeyer, from November, 1885, to January, Members of Congress .- Gibson Atherton, 1891; John Marshall, from November, 1886, to 1878-82; Beriah Wilkins, 1882-88; James W. November, 1889; Charles T. Willey, from November, 1887, to January, 1894; David Evans, Coroners .- Daniel Smith was coroner in from November, 1888, to January, 1892; Conrad 1876. Since then the office has been filled by Sunkel, from January, 1890, to January, 1893.

Owens, 1888-92.

HISTORY OF MUSKINGUM COUNTY.

Chapter UI.

BOUNDARIES, COUNTY SEAT, LAND TITLES, PUBLIC BUILDINGS, ETC.

W HEN admitted to the Union, the state of point is north of the Cincinnati & Muskingum Ohio contained only nine organized Valley railway, not far east of Wolf's station, or counties. Of these, five, Trumbull, Jeffer- Junction City. There its south line began and son, Belmont Fairfield and Washington em- ran duc cast across Morgan county, keeping braced nearly all of the state east of the Scioto about three miles south of the present line, and river, while the other four, Adams, Ross, Cler- on through Noble county to the northeast cor- mont and Hamilton, included all of the state ner of Jefferson township, in that county. This south of the Indian line and west of the Scioto, as point is about ten miles south of east from Cald- well as a strip along the eastern bank of that river. well. There the east line began and ran duc The Indian line ran from the Tuscarawas river, at north to the northeast corner of what is now the point where the south line of Stark county Tuscarawas county. What is now the north line crosses that stream, southwesterly along the of Tuscarawas, and so much of the Indian line as north line of Knox county, making one straight crossed Holmes county, composed the northern course from the Tuscarawas to a point near the boundary. Thus Muskingum county was about northeast corner of Darke county. The land sixty miles long from north to south and about north of the Indian line and west of the Cuya- forty-five miles wide, and contained nearly hoga, and nearly all of what is now Michigan, 2,700 square miles.

was "Wayne" county, but the inhabited part By a law taking effect March 15, 1808, Tus- being north of the Ohio state line, the original carawas county was created; by another on Wayne became a county of Michigan, and after March 1, 1810, Guernsey county was constitu- 1810 Ohio created a new county of that name. ted, and the width of Muskingum was reduced The general assembly of Ohio, by an act passed to twenty-five miles-the same as now. By January 7, 1804, created Muskingum county another law taking effect March 1, 1810, Co- out of Washington and Fairfield. This act shocton county was marked off, but remained took effect, and the existence of this county "attached" to Muskingum until April 1, 1811.

Only one other change in Muskingum's

dates from the Ist day of March, 1804. Elias Langham was then speaker of the house of boundaries was made, by laws taking effect representatives, and Nathaniel Massie speaker March 1, 1818, creating Perry and Morgan of the senate. Langham represented Ross counties. For almost sixty years the bound- county. Massie was a pioneer, Indian-fighter, aries of this county have remained exactly a land surveyor. Born in Virginia, he drifted as they now are; and so long as the con- into the Ohio valley. By his energy and efforts stitution of the state of Ohio shall remain as it Manchester, in Adams county, on the Ohio, is touching " new counties" no further change and Chillicothe, in Ross county, were settled. will probably be made. Old Muskingum will, so far as concerns her extent, be one hundred

He was a noted man in the Scioto valley.

Muskingum county then possessed extended years hence as she is this day.

limits. Beginning on the Indian line at what The following clear statement of the history is now the northeast corner of Knox county; of land ownership, embracing a wide territory, its west line ran along the east lines of what including this county, is from the pen of Hon. are now Knox and Licking, to the western edge Moses M. Granger:

of the elbow in our township of Hopewell; "At the time of the declaration of American thence south through Perry county to the independence, the minds of England and southwest corner of Clayton township. This America were intent upon Lake Champlain

HISTORY OF MUSKINGUM COUNTY.

and the sources of the Hudson, and few white northern limit was to be fifty miles north of men knew of the existence of our river Muskin- their first settlement. Had this charter re- gum. The outer edge of the English settle- mained unaltered, Virginia would have had its ments touched no foot of Ohio soil. A rude north line near the Rappahannock. After- fort stood at Wheeling; a more military work wards, by a second charter her extent was in- at Pittsburgh commanded the junction of the creased, but the crown continued to claim, Allegheny and Monongahela rivers, but these and to exercise without dispute, the right to outposts were separated by many miles of for- grant to others lands not vested in the com- est and mountain, from what could be called pany by actual settlement. Thus the colonies the settled districts. Neither our city, our of Maryland, New Jersey and Pennsylvania on county nor our state existed 100 years ago. the north, and Carolina on the south, were So far as this portion of the earth then pos- successively established under royal grants sessed any political limits or organization, it upon territory that had at first been included formed a part of the province of Canada, which within the Virginia charter. according to the 'The Quebec Act,' passed by "But before King James of England granted the English parliament in October, 1774, in- to the Virginia Company these rights of settle- cluded all the territory north of the Ohio and ment between latitudes 34º and 41º, the King east of the Mississippi, as well as what is now of France, in 1603, had by patent granted the provinces of Ontario and Quebec.

to one DeMonts the sovereignty of "Acadia

It is popularly supposed that what is now and its confines," from 40° to 46° of north Ohio belonged to Virginia, and was ceded by latitude; that is, from Philadelphia to beyond her to the United States. I believe, however, Montreal. Under this patent the French, in that an examination of title will result in a con- 1605, settled permanently at Port Royal. Then viction that Virginia had no valid title to any the colonial enterprises of the two nations, land north of the Ohio river, except such title begun about the same time, progressed with a as resulted from the assent of the United States rivalry that resulted in successive wars. The to Virginia's 'reservation' of the tract lying English confined themselves to the tract east between the rivers Scioto and Little Miami, of the Alleghenies and south and west of the known as 'The Virginia Military district.' A Penobscot. The French founded Quebec and brief history of the title of this land north of Montreal, ascended the St. Lawrence, the Sorel the Ohio may be interesting. In 1578 Queen and Lake Champlain, and established a forti- Elizabeth gave the first English patent for fied boundary, which included in French terri- land in America to Sir Humphrey Gilbert, who, tory parts of New York and Pennsylvania, and upon establishing a plantation within six years every foot of land north and north-west of the from the date of the patent, was to own sole Ohio. And all of it was firmly held by them jurisdiction over the territory embraced within until Wolfe's victory on the plains of Abraham 600 miles of said plantation. Gilbert failed to produced the peace of Paris in 1763, by which, establish any settlement, although he tried to do for the first time, the title passed to England.

so in what is now Nova Scotia. In 1584 the

"And the first English state paper applica- same queen gave a similar patent to Gilbert's ble to our Ohio and Muskingum history was a brother-in-law, Sir Walter Raleigh, who effected proclamation issued soon after this treaty, by a settlement at Roanoke, N. C. But some of which 'all the country beyond the Alleghenies" his colony returned to England, and the re- was shut against emigrants, "from fear that re- mainder were never afterward seen by white mote colonies would claim the independence men.

which their position would favor.' As wrote "In 1606, King James I set apart a belt ex- Lord Barrington: 'The country to the westward tending from Cape Fear, in North Carolina, to of our frontiers quite to the Mississippi was in- Halifax, in Novia Scotia, to be settled by two tended to be a desert for the Indians to hunt in rival English corporations or companies. The and inhabit.' The 'Quebec Act' before referred London company had an exclusive right to to, passed in October, 1774, eleven years after occupy from 34º to 38º north latitude, and a England first owned 'north-west of the Ohio,' contingent right between 38° and 400, and as I have said, made the Ohio the southern by the terms of the charter their lands ex- boundary of Canada. By the treaty of 1783, tended west and northwest to the South Sea. England ceded to the United States all the But by its terms the King retained "the right land south of the lakes and east of the Missis- of future regulation," and the actual territorial sippi, and thus, prior to Virginia's deed of ces- rights were to be controlled by the location of sion, our nation was the lawful owner of every the settlements made. For instance, their foot of land on our side of the Ohio river.

HISTORY OF MUSKINGUM COUNTY.

Like a prudent farmer, however, the United and jail were under one roof. The contract States finding that Massachusetts, Connecticut was let January 25, 1808, to Henry Ford, for and Virginia claimed title to parts, or the $480, and was signed by only two of the com- whole of it (and the claims of the two New missioners, Henry Newel and Jacob Gomber; England states were every whit as valid as the other refused to sign because it was ‘too that of Virginia), while other states also made much.' An extravagant price! Courthouse, claims, took deeds of cession from all, and sheriff's house, debtors' prison, jail-a little thus 'quieted her title.' Ohio and the North- over $100 each! west were won for the nation by national "Section 4, Article VII of the constitution armies commanded by Washington and his of 1802, read: 'Chillicothe shall be the seat generals, and by the diplomacy of Franklin of government until the year one thousand and Adams, supported by the patriot people eight hundred and eight; no money shall be of the United States. On July 13, 1787, the raised till the year one thousand eight hun- Continental congress passed an ordinance for dred and nine, by the legislature of this the government of the territory northwest of state, for the purpose of erecting public build- the Ohio. This contained the celebrated pro- ings for the accommodation of the legisla- hibition of slavery which formed the founda- ture.'"

tion of the policy of freedom. No settlements were made in Ohio until April 7, 1788.

As early as 1807-08 the subject of the re- moval of the capital was agitated, and at the "On August 7, 1789, the first congress, un- session of 1808-09 the Muskingum delegation der the constitution, substantially re-enacted in the general assembly was reinforced at Chil- the ordinance of 1787, and organized 'The icothe by a committee appointed by the citi- Northwest territory,' which was governed for zens, headed by John McIntire; and assurances thirteen years by Arthur St. Clair, an emigrant were received that if the county would, at its from Scotland, who had served as a general own expense, furnish suitable buildings for the officer through our revolutionary war. By act legislature and state offices, a law would be of April 30, 1802, a state organization embrac- passed making Zanesville the "temporary cap- ing what is now Ohio, was authorized, and ital." The people believed that the capital Ohio became a state on November 29, 1802. I once here, would remain. Public-spirited citi- repeat these dates as necessary to a complete zens loaned the money, and the county built statement of facts.

what has been so well known locally as " Old

" The act creating the county, passed as 1809." During the summer of 1809 the main already stated, in 1804, provided that the building, intended for the legislature, was put county seat should be at Zanesville, until per- up but not finished. The contract was awarded manently located. Under that law, the first April 10, 1809, to Joseph Munro, Daniel Con- court of common pleas began its first term in verse, John Williamson and James Hampson, for David Harvey's tavern, at the southwest corner $7,500, to be completed by December 1, 1810. of Third and Main streets. Coshocton and In excavating for the foundation a small mound the Cass bottom, near Dresden, competed for was opened, in which they found a skeleton, the permanent county seat, but the locating some flint arrow heads and a stone hatchet. commission decided in favor of Zanesville. The bones crumbled on being exposed to the Subsequently court was held in a log cabin be- air. longing to one James Herron, on south Six

Notwithstanding these efforts of the county street, about 100 feet south of Main street. In and town, although the legislature assembled the year 1808, the first courthouse, sheriff's early in December, 1809, it was not until the house and jail were built. The present court 19th day of February, 1810, that the following room is immediately above the spot uponwhich act was passed: "Section 1. Be it enacted, they stood, but the floor is higher than even &c., That the seat of government be, and the the chimney tops of those humble structures; same is hereby fixed, and shall remain at Zanes- notwithstanding the fact that the room in which ville, until otherwise provided by law. This court was held, was then also, in the second act shall take effect and be in force from and story. The sheriff and his family lived in the after the first day of October next." But the first story. The courthouse was a frame struc- hopes of Zanesville and Muskingum that "once ture, two stories high, 20x55 feet. The jail was here it would remain," were not allowed more two stories high, built of hewed logs, squared, than a day's existence, for an act was passed and lined on the inside with three-inch planks. next day, February 20, 1810, providing for the The lower story was for criminals, the upper election by the legislature by ballot of five for debtors. The two buildings, courthouse commissioners, whose duty it should be to lo-

HISTORY OF MUSKINGUM COUNTY.

cate the permanent capital, in a place "not McIntire and others (afterwards incorporated more than forty miles from what may be as "The Zanesville Canal and Manufacturing decmed the common center of the state, to be Company") built' a dam across the river and ascertained by Mansfield's map." And these a lock. At this session also, on February 14th, commissioners were ordered to meet at Frank- 1812, was passed the law locating the capital linton on September 1, 1810. Thus it was permanently "on parts of Half Sections 9, 10, known that one month before Zanesville could 11, 25 and 26, opposite Franklinton, Franklin become the temporary capital, the duty of county, on lands of Alexander McLaughlin and selecting the spot for the permanent capital others;" but returning the temporary seat of would probably be completed; and that Zanes- government to Chillicothe, there to remain un- ville could not be that spot; for the central til the Ist Monday in December, 1817. At that point of an east and west line across Ohio, day Columbus had no existence-not even a passing through Zanesville, is the west line of name-it was a spot opposite, Franklinton." Licking county: a point forty-two miles dis- But Zanesville's last legislature did what it tant-at the very least from our city-while the could to supply a designation, and on the last fact that the geographical center of the state day of its existence, resolved "that the town lay north of that line, increased the distance to be laid out at the Highbank on the east side and left no room for hope, unless by manage- of the Scioto river, opposite the town of Frank- ment the second act could be repealed. linton, for the permanent seat of government

Although their efforts had been only partially of this state, shall be known and designated by successful, the honor of county and town was the name of ' Columbus.'"

involved, so the state house-court house-was

From October 1, 1810, to May 1, 1812-one completed in the summer of 1810, and also, a year and seven months, Zanesville flourished smaller building for use by the secretary of as a state capital, and then returned to the state, and state treasurer; this was of brick, one more modest but respectable position of shire- story high, and stood just north of the west town or county seat, and held until the census door of this court house. By direction of the of 1850, equal place with Dayton, Cleveland legislature all its books, papers, etc., were com- and Columbus, as " chief towns," second only mitted to George Jackson, John McIntire, Wyl- to Cincinnati. Columbus had been the " capi- lys Silliman, Robert McConnell and David J. tal city" for well nigh thirty years before she Marple for transportation to Zanesville. It is had a population greater in number than Zanes- therefore probable that these gentlemen com- ville. posed the committee appointed by citizens hereinbefore referred to.

While the legislature met here, the courts continued to sit in the frame building of 1808;

On the 3d day of December, 1810, the gen- but after the capital went back to Chillicothe, eral assembly met in "Old 1809," and chose the "state house" became the county court Edward Tiffin, speaker of the house, and house, and served as such from the spring of Thomas Kirker, speaker of the senate. The 1812 until September, 1874, over sixty-two house occupied the room so long used by the years. The first court house, which had mean- court of common pleas; the senate sat in the while served as schoolhouse, meeting house, larger of the rooms in the second story: the etc., and jail, was burned down April 3, 1814. room always afterward known as "the old sen- On the evening of April 2d, two men arrived ate chamber." This session ended on the 30th in Zanesville from the East, having in custody day of January, 1811.

a negro claimed to be a fugitive slave, escaped

The next session began December 2, 1811, from Kentucky. They placed their prisoner and ended February 21, 1812. During the first in the jail for safe keeping during the night. ten years of the state's life, it had but one rep- Some excitement arose amongst the citizens, resentative in congress; the first congressional some of them urging that such use of the jail apportionment law was enacted in Zanesville. was unlawful. The negro attempted to burn Ohio being then entitled to six representatives the lock off the door, and succeeded so well in congress-this law assigned one of them to that by morning nothing was left but the lock a district composed of the counties of Bel- and himself, he owing his escape from death mont, Coshocton, Guernsey, Jefferson and to the active benevolence of a part of the Muskingum-being the fourth district. On the people; others insisting that he ought to be 2Ist of January, 1812, two laws were passed, thrown back into the fire. Assisted by some under which, afterward, the bridges over the. "free soilers" of thatearly day, he subsequently river at Third and Main streets were built; un- escaped from his custodians. Thus Muskin- der another act passed February 21, 1812, John gum's first court house and jail became a burnt

HISTORY OF MUSKINGUM COUNTY.

offering for the sin of slavery. "Old 1809" citizens. E. E. Fillmore, Esq., as chairman, and other adjacent buildings escaped because called the meeting to order and delivered a their roofs had been soaked by a rain that night. brief address. Frank H. Southard made pre-

Before leaving these early means for admin- sentation of the building to the people of the istering justice, attention is requested to one county in the following address of historical now wholly obsolete, save in the state of Dela- value:

ware, the whipping post. Thisstood on thesmall "Mr. Chairman, Ladies and Gentlemen: I am Indian mound heretofore named. It was erected delegated by the board of commissioners . of in 1808, and existed only one year, and some Muskingum county to make the formal pres- eight or ten convicts for " minor offenses," re- entation of our new court house to the bar ceived in public about twenty-five lashes each. and public.

After this post disappeared "whippings" were

"The building has been years in the process and solicitude on the part of your commission-

inflicted at the southcast corner of the old of construction, and has caused much anxiety log jail.

In 1822, a sheriff's house and jail were built ers. But while they have felt a deep responsi- of brick, the same that was used as the resi- bility resting upon them as the representatives dence of the jailor until 1876. In 1846, one of the public interests in this great enter- Davis, convicted of poisoning his wife escaped prise, they have been sustained and encouraged from this jail, and soon after a stone jail was at cvery step by the generous support they built adjoining the southeast corner of said have received from the people, and have felt brick. Contrary to expectations, the stone jail gratified that the increased taxation incident was by no means a secure custodian. An Irish- to the undertaking has been so cheerfully man, who had been working on the railroad, responded to. As early as the year 1871, and having been arrested for assault and battery, annually from that time to the present, has by means of shovel and poker, speedily excav- this taxation been going steadily on.

ated a passage-way below the foundations of

"Your commissioners having thus carly the dungeon and the next morning the aston- anticipated the taxation, and having procured ished sheriff found an empty jail and a holc 'in the necessary plans, specifications and detailed the court house yard.

In 1830-31, the Zanesville Athenaeum built Henry E. Myer, of Cleveland, awarded the the east wing, between " 1809" and the alley, contract of construction in the spring of 1874 externally like the west wing. Its uppcr story to the enterprising contractor and builder, was used until 1874 for library and reading Thomas B. Townsend, of your own city.

rooms; its lower story and basement for offices, "This public enterprise was begun under etc. About 1833, a west wing consisting of a favorable auspices by the board of commis- basement and two stories, was built between sioners, composed of Messrs. John Sims, Will- " 1809" and Fourth street; its rooms being iam Hall and Leonard N. Stump; and it has used by the clerks of the courts and other been carried forward to its completion by their county officers. From 1851 to 1874, the pro- successors in office, Mcssrs. John Sims, Thomas bate court occupied rooms in its sccond story. Griffith, and William T. Tanner, who compose On September 4, 1874, the contract for the our present board.

present court house was awarded to Mr. T. B. "The boards thus composed, assisted by Townsend, at $221,657, and on the 11th day of your efficient auditors, A. P. Stults and James the same month, the district court-Judges T. Irvine, carried forward this enterprise as Marsh, Frazier, Miller and Chambers, met for expeditiously as the public interests would the last time in " Old 1809," and disturbed carly allow. They have studied diligently the public in its morning session by the contractor's eager convenience; they have guarded well the workmen, adjourned to Black's Music Hall, public treasury; they have avoided all compli- the work of demolition began. The architect's cations of the law and with a consciousness estimate was for $240,205.67. Mr. Townsend that they have discharged the full measure of gave bond for $100,oco, with J. Burgess and their duty, they ask as their only reward the G. W. Townsend as sureties for the perform- public approbation.

ance of the contract within twenty.four months

"At an aggregate cost not exceeding $260,- from November 1, 1874. An increased expendi- 000, this temple, reared in the interests of ture of $1,403.02 was necessary to complete the justice and the public convenience, is unexcep- structure. The dedication of the new court tionable in its architectural beauty, ample in house took place May 1, 1877, with appropriate its accommodations, complete in all its ap- ceremonies and addresses by distinguished pointments, the ornament of our city and the

drawings from the very competent architect,

HISTORY OF MUSKINGUM COUNTY.

pride of our county. And as we tread to-day Rev. Dr. Kingsbury, when the people dispersed. its spacious halls and corridors, let us reflect The circumstances of the building of the that the temples reared to religion and law old stone jail, above mentioned, were as fol- are true indices marking the morality, intelli- lows: In 1845 John Goshen, Robert Boggs gence and justice of our people; and let us and Littleton Moore, county commissioners, reflect, too, with an honest pride, that in Ohio, found the old brick jail too insecure to hold one of the grandest of the states of our prisoners. They advertised for bids for the Union, with her millions of people, justly construction of a new jail, to be built of stone celebrated for their religion, their learning, laid in regular courses, with sixteen cells for their arms and their law, and with a century of prisoners, connected in two tiers. The con- prosperity marking their grand progress, this tract was let April 15, 1845, and finished in temple stands in the foreground without a rival October, 1846. It was awarded to Hugh Mad- of its kind in all her borders.

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Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals, Part 14

Author: Publication date: 1892 Publisher: Chicago, Goodspeed Pub. Co. Number of Pages: 642

Author:
Publication date: 1892
Publisher: Chicago, Goodspeed Pub. Co.
Number of Pages: 642