USA > Ohio > Hamilton County > Cincinnati > Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 1 > Part 57
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89
* * thence by a line west-northerly to the southern part of the Portage, between the Miamis of the Ohio and the St. Mary's River" and so on to Lake Michigan. . This cut off the northern portion of Knox and Hamilton ..
On July 10, 1797, Adams County was taken off the east side. The intervening boundary line began at the bank of the Ohio at the mouth of Elk River or Eagle creek and ran thence up the principal water of said river to its source o'r head, thence by a due north line to the southern bound- ary of Wayne County. On June 22, 1798, Ham- ilton County was extended westward to make it correspond with the change in the boundary of the Territory made by the Wayne treaty. By proclamation, it was directed that "the western boundary of the county of Hamilton shall begin at the spot on the bank of the Ohio River, where the general boundary line between the lands of the United States and the Indian tribes, estab- lished at Greenville, the third day of August, 1795, intersects the bank of that river, and run with that general boundary line to Fort Recov- ery, and from thence by a line to be drawn due north from Fort Recovery, until it intersects thie southern boundary line of the county of Wayne."
By this, Hamilton County obtained a large part of what is now in Indiana. Fort Recovery was
on the Wabash near the present western bound- ary of Ohio and near the line dividing Darke and Mercer counties. The treaty of Greenville de- fined the general boundary line so as to run from Fort Recovery southwesterly in a direct line to the Ohio so as to intersect the Ohio River op- posite the mouth of the Kentucky or Cuttawa River (at Carrollton fifty miles in a direct line southwest of Cincinnati). The county at this time included over three millions of acres, about one-eighth in area of the tract now known as the State of Ohio.
The next alteration grew out of the establish- ing of Ross County. On August 20, 1798, a strip was taken off the east side of Hamilton County and added to Adams. The west line of Adams was made to commence on the Ohio at the mouth of Eagle creek and to run due north instead of following the river up to its head and thence running due north. The section north of the enlarged Adams County was erected into a county called Ross County, with its western boundary a continuation of the same line.
When the Territorial Legislature was organ- ized, a controversy arose between the Governor and the Legislature with regard to the matter of counties. The Legislature insisted that after the Governor had laid out the country into counties and townships, as he had already done, they alone were empowered to pass laws making such alterations as they might see fit and that when all the territories had been divided his exclusive powers had been exhausted. St. Clair refused to give his assent to this view and vetoed six acts changing the boundaries of counties, holding that the power of erecting new counties was the proper business of the executive and that the Legislature could only alter the boundaries of counties after they had been originally estab- lished by the executive. Another reason was hiis objection that in many of the new counties pro- posed there were not enough inhabitants to sup- port a county.
An act of Congress on May 7, 1800, provided for the separation of the western part of the Ter- ritory, calling it the Indian Territory. The line began on the Ohio opposite the mouth of the Kentucky, thence ran to Fort Recovery and thence north to the intersection of the territorial line between the United States and Canada. It was also provided that whenever the eastern part should be formed into States the western bound- ary lines should begin at the mouth of the Great Miami River and run thence due north to the Canada line. The enabling act, which passed
331
AND REPRESENTATIVE CITIZENS
April 30, 1802, made the line on the west to be drawn due north from the mouth of the Great Miami.
In 1800 St. Clair had taken the county of Clermont from that of Hamilton. The erection of this county was proclaimed December 6, 1800. Its boundaries were as follows : "Beginning at the mouth of Nine Mile or Muddy creek, where it discharges itself into the Ohio, and running from thence with a straight line, to the mouth of the east branch of the Little Miami River, thence with the Little Miami River to the mouth of O'Banion's creek; thence with a due east line, until it shall intersect a line drawn due north from the mouth of Elk River or Eagle creek ; thence with that line south, to the mouth of the said Elk River or Eagle creek and from thence. with the Ohio, to the place of beginning."
On January 23, 1802, an act was approved in- structing the surveyors of the various counties, Adams, Ross, Clermont and Hamilton, to mark the dividing lines between the counties and to make proper plats thereof.
In 1802 the inhabitants of Hamilton County to the north of the third or military range peti- tioned Charles Wylling Byrd, who was then act- ing as Governor in the absence of Governor St. Clair, for a division of the county. He replied calling attention to his inability to grant the pe- tition but promising that it should be laid before the Legislature.
When the eastern division of the Northwest Territory became the State of Ohio, one of the first acts of the new Legislature which met in session at Chillicothe on March 1, 1803, related to the matter of counties. On March 24, 1803, was passed an act erecting from the county of Hamilton the counties of Warren and Butler and from the counties of Hamilton and Ross the counties of Montgomery and Greene. This act was to take effect on May 1, 1803.
The county of Warren was named from Gen. Joseph Warren, the hero who was killed at Bunker Hill. The county of Butler was named from Gen. Richard Butler of whom we have heard so much in this history. The county of Montgomery received its name from Gen. Ricli- ard Montgomery who fell at Quebec in 1775, while Greene took its name from Wayne's old friend and companion at arms, Gen. Nathaniel Greene for whom Greenville has been named.
Warren County contained all that part of Ham- ilton County contained within the following bounds : "Beginning at the northeast corner of the county of Clermont, running thence west
with the line of said county to the Little Miami ; thence up the same with the meanders thereof to the north boundary of the first tier of sections in the second entire range of townships in the Miami purchase; thence west to the northeast corner of section number seven in the third town- ship of the aforesaid range; thence north to the Great Miami; thence up the same to the middle of the fifth range of townships; thence east to the Ross county line ; thence with the same south to the place of beginning."
The south line of Butler County began at the southwest corner .of the county of Warren and ran thence west to the State line.
Montgomery and Greene counties lay to the north and east of Warren and Butler counties and their boundaries therefore do not touch those of Hamilton and therefore are of no importance to Hamilton County.
The boundary line between the counties of Hamilton and Butler seems to have been unsatis- factory and an act was passed by the Legisla- ture, January 20, 1808, establishing the line as follows: "Beginning at the southwest corner of the county of Warren and at the northeast cor- ner of section number seven in the third town- ship of the second entire range of townships in the Miami purchase ; thence westwardly along the line of the said tier of sections, to the Great Miami River; thence down the Miami River, to the point where the line of the next original sur- veyed township strikes the same, thence along the said line to the western boundary of the State." As a result of this act, Hamilton County has the irregular boundary at the north which was occasioned by errors of survey and the in- consistency arising from the fact that the lands west of the Great Miami were included in a sep- arate grant from those between the Miamis.
THE FIRST OFFICIALS.
After establishing the county of Hamilton, St. Clair proceeded to appoint officials who should administer the laws for the county, as in ac- cordance with the act passed August 23, 1788, which established General Courts of Quarter Sessions and Common Pleas and provided for the appointment of the officers thereof, including sheriffs. The first appointces made during the early days of January, 1790, were Williani Go- forth, William Wells and William McMillan to be judges of the Court of Common Pleas and justices of the Court of General Quarter Ses- sions of the Peace. Tlicy were also conunis- sioned justices of the peace and quorum in Han-
.
332
CENTENNIAL HISTORY OF CINCINNATI
ilton County. Jacob Tapping, Benjamin Stites and John Stites Gano were also commissioned as justices of the peace and John Brown, gentleman, was commissioned as sheriff during the Gover- nor's pleasure. From this number William Goforth was selected as president judge of the Court of Common Pleas, although some of the records speak of McMillan as presiding, and John Stites Gano was appointed clerk.
In the following May, William Burnet was appointed register of deeds and shortly after John Blanchard, clerk of the Legislature. On December 14, 1791, George McCullom was added to the justices of the peace of Hamilton County. The first appointment of an attorney to act for the United States in Hamilton County was made on July 13, 1792, at which time Abner M. Dunn received his commission. On the same day, Blanchard was succeeded as clerk of the Legis- lature or General Court by Samuel Swan. On August 13th, William McMillan and John S. Gano were appointed commissioners with power to license merchants, traders and tavern keepers. On September 3rd Stephen Wood was appointed treasurer of Hamilton County and Robert Bun- ton, gentleman, as coroner. On January 30, 1793, Abner M. Dunn, the United States attor- ney, was appointed register of deeds of Hamil- ton County in place of William Burnet who had removed from the Territory. He afterwards resigned his position as attorney and was suc- ceeded on July 23, 1793, by Ezra Fitts Freeman.
A controversy arose between the judges and Secretary Sargent, who was acting Governor in the absence of Governor St. Clair, in the early part of 1793. Sargent on February 5th issued new commissions to the county judges designat- ing, as the Court of Common Pleas, William Goforth, William Wells, William McMillan, John S. Gano and Aaron Cadwell. These com- missions ran "during the pleasure of the Gov- ernor" whereas the original commissions had run "during good behavior." This commission was refused by the judges who on February 29th re- turned it through Israel Ludlow who had been appointed prothonotary to the Court of Common Pleas and clerk of the Court of General Quarter Sessions. The judges stated that they would not stoop to the indignity of holding offices, the tenure of which was during pleasure but pre- ferred their commissions as justices of the peace to the highest seat of government during pleas- ure. The Secretary called their attention to the fact that the phraseology was the same as in his own commission and that of the Governor and
that they had two options, either to accept or re- fuse the commissions. The judges refused to do either but continued their career under their original commissions issued by the Governor. On St. Clair's return on May 3rd, he was able to adjust matters. He called in to his aid the United States attorney and two of the leading members of the bar all of whom agreed with him in the main as to the propriety of the Secretary's action. Finally the judges were appeased and received new commissions from the Governor. Bunton, either because he thought the position of captain in the militia was inconsistent with that of coroner or because of his moving to Vincen- nes, resigned his office in Hamilton County and was succeeded as coroner by Maj. George Gor- don, the tavern keeper, on June 18, 1793. The appointment of John Stites Gano as prothonotary of the Court of Common Pleas and clerk of the Court of General Quarter Sessions of the Peace for Hamilton County in place of Samuel Swan, deceased, is given in the official records as of September 19, 1793. On October Ist of this saine year, John Armstrong of Columbia, the well known soldier and citizen, was appointed justice, of the peace for Hamilton County and on October 28th judge of the Court of Common Pleas. Another justice of the peace for Hamil- ton County appointed November 13th of this same year was John Mercer. In November of the fol- lowing year, 1794, Timothy Symines and Stephen Wood were commissioned justices of the peace and Aaron Cadwell was appointed commissioner to succeed Gano and McMillan in issuing licenses. Freeman was succeeded at this time as United States attorney by Isaac Darneille, whose career seems to have been unfortunate as indicated in the extracts of the newspaper quoted elsewhere. On April 20, 1795, another justice of the peace was appointed, John Wallace.
On June 6, 1795, St. Clair sitting with Synes and Turner in legislative session passed an act reconstructing the judicial system and establish- ing new courts of judicature. The Court of General Quarter Sessions of the Peace was to meet four times a year and to be composed of the justices of the county nominated by the Gov- ernor sitting altogether in bank, any three con- stituting a quorum to do business. The Court of Common Pleas was constituted by justices ap- pointed by the Governor, of whom three would make a quorum. After the passage of this act. we find that in 1796 Thomas Gibson and John Beasly were appointed justices of the peace, Nathan Allison ( Ellis) in 1796, Ignatius Brown,
333
AND REPRESENTATIVE CITIZENS
William Bunn, Ichabod B. Miller, Asa Kitchel, Jacob White and Alexander Martin in 1799, Olear Todd in 1800,. James Findlay, Joseph Prince, Emanuel Vantrees and Cornelius Sedam in 1801 and William Armstrong and Samuel Robb in 1802. Others whose names are men- tioned are Henry Weaver of Tucker's Station, appointed in 1794, and James Barrett, appointed in 1795.
As already stated, Israel Ludlow acted as clerk for the first two years, Samuel Swan for the following year and John S. Gano for the 25 years following 1793.
The attorneys for the United States occupied practically the position of prosecuting attorney. The first three were Dunn, Freeman and Dar- neille already mentioned. The last named re- signed under a cloud and in 1796 John S. Wills seems to have acted. Arthur St. Clair, Jr., the attorney general of the Territory, acted in 1797, George W. Burnet in the following year and Arthur St. Clair, Jr., from 1799 to 1807. Other officers of this period were the sheriff, treasurer, register of deeds and coroner. John Brown we know was sheriff for the first two years and had as his deputy Isaac Martin at whose house the court sat. John Ludlow was sheriff the two fol- lowing years and Martin was one of his deputies, another was R. Wheelan. Daniel Symmes was sheriff for two years (1795 and 1796) and James Smith, commonly known as "Sheriff Smith," who was also collector of public rev- enues, served from 1797 to 1804. Stephen Wood's appointment as treasurer has already been men- tioned. Apparently he served at various times during a period of five years. Jacob Burnet seems to have acted as treasurer from 1798 until 1806. Gordon continued
as coroner probably until
1799. During the next three years William Austin and William Schenck seem to have acted. In the list of county commissioners during this early period are found the names of William McMillan, Robert Wheelan, Robert Benham, Joseph Prince, Ichabod B. Miller, William Ruffin and John Bailey. Tabor Washburn seems to have served as commissioners' clerk to 1798, when he was succeeded by John Kean. Robert Reynolds served from 1799 to 1800 and Aaron Goforth to 1803.
THE LEGISLATIVE COUNCIL.
The first Legislative Council of the Northwest Territory included the Governor, the Secretary and Judges Parsons and Varnum. It sat at Marietta during the summer and fall of 1788
and passed ten laws, to one of which the signa- ture of Judge Symmes was fixed. There is no public, record of any acts of the council during the year 1789. In 1790 the council sat in July and August at Vincennes and consisted of Sargent, Symmes and Turner and, subsequently in Cin- cinnati, we are told St. Clair took the place of Sargent. But six acts were passed during this year. St. Clair, Symmes and Turner published seven acts passed in Cincinnati during the sum- mer of 1791. In 1792 Sargent, Symmes and Putnam sat in Cincinnati on the Ist of August and fixed their names to thirteen laws which were published in Philadelphia. In 1795 St. Clair, Symmes and Turner sat in Cincinnati during the months of June, July and August. They com- pletely revised the laws of the Territory and caused them to be printed in Cincinnati by Wil- liam Maxwell. This volume, the first printed in Cincinnati, has become famous as the "Max- well Code." In 1798 Sargent, Symmes, Gilman and Meigs sat at Cincinnati on May Ist. They enacted eleven laws, the last legislative work done by the council.
The Territorial Legislature had its beginning in September, 1799. It enacted 38 laws which were printed by Carpenter & Findlay in Cin- cinnati in 1800. At the second session beginning in Cincinnati in November, 1800, 26 laws were passed, printed in Chillicothe by Winship & Willis in 1801. At the first session of the sec- ond General Assembly, beginning in Chillicothe in November, 1801, 40 laws were passed, print- ed by N. Willis, Chillicothe, 1802.
The minutes of the Legislative Council con- tain a record of petitions concerning the most minute details of the life of the community. For instance on May 30, 1795, we find there was pre- sented a petition of Joel Williams asking for a law to permit him to erect and hold a public ferry from his landing in Cincinnati to the op- posite shore of the Ohio, a petition of Rebecca Kennedy for the same purpose, and one of Dan- iel Symmes, the sheriff of Hamilton County, con- cerning the better regulation of the jail and the safe-keeping of prisoners. Another petition was that asking for a divorce. On June 2nd we find that Stephen Wood, the treasurer, produced his books and papers. These were found defective and he was permitted to withdraw them for cor- rection.
On the 13th of August the Governor was di- rected to declare by proclamation what ferry should be erected, by whom to be kept and where
334
CENTENNIAL HISTORY OF CINCINNATI
and the Court of Quarter Sessions was em- powered to fix the rates.
An interesting petition was that presented to the House of Representatives on Wednesday, Oc- tober 30, 1799, from a number of citizens of Hamilton County, praying for the removal of the seat of justice from Cincinnati to Mill creek between William Ludlow's and Jacob White's. Fortunately for the city it was resolved that this request was unreasonable and was not granted.
A resolution of November 27, 1799, directed the preparation of an address to the people of the Territory calling attention to the necessity for strict attention to industry and frugality and the discountenancing of idleness and dissipation, the encouraging of home manufactures and the retrenchment of unnecessary expenses.
THE MILITIA.
The first law passed by the Legislative Coun- cil, that of July 25, 1788, was for the purpose of regulating and establishing the militia. In accordance with this act Governor St. Clair on the occasion of his first visit to the newly created Hamilton County made a number of militia ap- pointments "For the First Regiment of Militia in the County of Hamilton." The appointments seem to have contemplated the formation of four companies. The captains were John Stites Gano `and James Flinn at Columbia, Israel Ludlow at Cincinnati and Gersham Gard at North Bend. Lieutenants were Francis Kennedy, John Fer- ris, Luke Foster and Brice Virgin. The ensigns were Scott Traverse, Ephraim Kibby, Elijah Stites and John Dunlap. On December Ist of the same year Kennedy resigned his captaincy and was succeeded by Scott Traverse, whose place as ensign was filled by the appointment of Rich- ard Benham. Both of these were in Ludlow's company at Cincinnati. In March of the follow- ing year the official records show that by the general orders the returns of the militia with the report of arms were to be made to the Sec- retary at once. Regulations were established for the apportioning of militia to the various so- called fortresses and upon the firing of one can- non or three muskets the militia were to repair to their alarm posts. All firing of guns within a mile of any fortification except for defense or the purpose of aların was forbidden. At the beat- ing of the reveille every man enrolled in the militia and within the fortification was required to appear upon parade with his arms ready for military service and a patrol was sent out every morning from the fortifications in the settlements
and no one was allowed to pass out until it had returned. This reconnaissance was for the pur- pose of preventing a surprise, the fatal effect of which had been so recently impressed upon all minds. The orders concluded with the state- ment that "to guard as much as possible against all danger, it must be the utmost invariable prac- tice upon leaving the fortifications, even for the shortest distance to take our arms in our hands, for experience has convinced us that the In- dian will conceal himself at our very doors. In the fields alone and at labor, men would at this time be most wantonly sporting their lives. They should work in large parties, armed, and with sentinels always posted out. This will deserve and insure security, while a contrary line of con- duct may deprive of many good soldiers and valuable numbers of community." (St. Clair Papers, Vol. II, p. 274.)
On April 30th the Secretary of the Territory, Winthrop Sargent, was commissioned colonel of the militia and on the 6th of the following month all persons between the age of 15 and 50 were ordered to be enrolled as militia. In December, after the St. Clair defeat, the Hamilton County battalion was more fully organized and placed under the charge of Oliver Spencer as lieutenant- colonel. Brice Virgin became captain in place of Gersham Gard of North Bend while Daniel Griffin was made a lieutenant and John Bow- man an ensign in the first regiment. Very shortly afterwards, Levi Woodward was appointed cap- tain and John Vance and John Wallace were made lieutenants. Isaac Freeman received an ensign's commission. Kibby was promoted to be lieutenant in place of Scott Traverse, resigned. The continuing danger from the Indians made necessary the proclamation of September 18, 1792, quoted elsewhere, with reference to the re- quirement that each citizen should attend public worship armed and equipped as though he was marching to engage with the enemy as required by the laws of the Territory. ( Act July 2, 1791.)
On November 28th of this year ( 1792), Thom- as Goudy, gentleman (Gowdy) the first lawyer admitted to the bar, was appointed ensign of the first regiment.
In the beginning of the following year on Janu- ary 30th, Ludlow resigned his captaincy and was succeeded .by Jolin Wallace. Benham resigned his position as ensign and was succeeded by Celadon Symmes. Other appointments in Janu- ary were those of Robert Bunton as captain and James McConnel, lieutenant. On the Ist of Feb- ruary Benjamin Orcutt was appointed lieutenant
335
AND REPRESENTATIVE CITIZENS
in the first regiment in place of Newell killed and Ignatius Ross in place of Miller. The approach of hostilities made necessary by the breaking off of negotiations with the Indians was the occasion for a proclamation of the Governor calling at- tention particularly on the part of the militia officers to the importance of diligence in the in- spection of the arms and accoutrements of the companies. A little later, on October 19th, the removal of Robert Bunton to Vincennes in Knox County created a vacancy as captain in the first regiment and John Green received this commis- sion. McConnell who had recently been appoint- ed lieutenant also resigned and in his place as lieutenant and adjutant was appointed Davies (Darius) €. Orcutt. Other appointments were those of Samuel Creigh and John Schooly as ensigns, and James Lyon and Stephen Reeder, lieutenants, the latter in place of Vance removed. Ten days later, October 29th, the Governor di- rected Lieutenant-Colonel Spencer to mount patrol in Cincinnati, Columbia and North Bend every night to protect the inhabitants from sur- prise from Indians of which the people were apprehensive, while General Wayne's army was moving into the Indian country. The serious- ness of the situation in the following year is in- dicated by the proclamation of July 31st, on the eve of the battle of Fallen Timbers, ordering a fast on the 14th of August. This issued by the Secretary was enclosed to Lieutenant-Colonel Spencer at Columbia with the request that it be read by Mr. Smith to his charge on the fol- lowing Sunday.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.