USA > Ohio > Hamilton County > Cincinnati > Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 1 > Part 77
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CENTENNIAL HISTORY OF CINCINNATI
"Passed by the Select Council date above Written. .. "JOSEPH PRINCE, President"
"Attest :
"MATTHEW NIMMO, Clk."
A provision for the market was made by or- (finance of November 3, 1804, by which the mar- ket was directed to be held at the market house on every Wednesday and Saturday between six and ten A. M. from April Ist, to October Ist, between eight and twelve from October Ist, to April Ist; during these hours no meat, butter, eggs or vegetables could be sold out of the mar- ket house. The clerk of the market was directed to weigh and measure articles exposed for sale, to judge whether they were marketable or not and if not marketable to send them to the pris- oners in the county jail! Stalls in the market were disposed of to the highest bidder for terms of six months.
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The reappearance of smallpox in the year 1804 created great alarm and was the occasion for two ordinances, one of December 10th and an- other of December 28th of that year. The first recites the appearance of the disease and the danger of its spreading and the expression of a desire by the citizens in general meeting to pre- vent its further progress as well as the fact that "numberless experiments have proved that the vaccine moculation which may in a short time be procured is a sure preventitive of that fatal distemper" and therefore provides penalties for the smallpox, for in any way designedly com- municating infection, for receiving the infection by inoculation or exposed persons entering a house or company where were present persons who had not had the disease. A red flag was required to be exposed at infected houses.
A second ordinance recites that the vaccine matter had not yet been procured and as there was but little probability of getting it in time to prevent the spreading of disease the first ordi- nance was repealed.
At -the election held in 1805 the following of- ficers were selected : James Findlay, president ; Aaron Goforth, recorder; Ethan Stone, Na- thaniel Reeder, Thomas Williams, Sammel Stitt, Griffin Yeatman, Nehemiah Hunt and John Stall, trustees ; John Mahard, assessor, Alexander King, marshal, and Thomas King, collector.
The first ordinance passed by the new Select Council directed that the house erected between Main and Sycamore be the market house and made provisions regulating the market. The
ordinance especially provided for punishment for the enhancing the price or dearer selling of arti- cles consigned to the market.
The first building regulation was by an ordi- nance passed November 4, 1805, requiring chini- neys to be built of stone or brick laid in lime mortar and to extend at least a foot and a half above the ridge of the building. On the same day an ordinance was passed so modifying the market regulations as to permit the following articles in amounts exceeding the sum of a dollar to be purchased outside the market house : Flour, corn meal, beef and pork and vegetables of all kinds.
By ordinance of January 5, 1807, which was signed by John S. Gano as president and Martin Baum as clerk, certain streets were required to be improved by foot ways and good and pleasant walks raised to the proper height, kept clean and dry and nine feet in width. The material de- scribed was gravel or bricks or stones. The streets covered by this ordinance were Main street between Front and Sixth, Sycamore be- tween Front and Fourth, Front between Beech (Race) and Eastern row, Second between Main and Eastern row and Fourth between Main and Sycamore. Provision was also made for the erection of posts and planting of trees.
An ordinance, of November 14, 1806, levied a tax of $io on "any theatrical performance of any kind or description, Puppet Shew, Tumbling, Roap or Wire Dancing, Ballancing or deception or representation of any kind whatever either real or fictitious for which compensation is de- manded."
As early as March 5, 1807, it became necessary to provide by ordinance that owners of fowls should keep them within their respective bounds.
The first ordinance signed by Martin Baum as president and at the same time by John Ma- hard, clerk, created the office of town surveyor for the purpose of surveying the streets, lanes, rows and alleys of the town and of pointing out the limits of building fences. This was passed April 21, 1807.
The first gambling ordinance, passed May 1, 1807, has the curious title "An Ordinance which will put Innkeepers on their Gnard." It recites that some of the innkeepers had been trans- gressing good order and government by suffering wrong persons, minors, apprentices and servants to carry on gambling in their dwellings and by furnishing spirituous liquors to an unreasonable excess and harboring them at unreasonable hours which was regarded as "certainly very pernicions
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to the morals of our citizens, youths and serv- ants." The ordinance forbade gambling within the dwellings of innkeepers or the furnishing of an unreasonable quantity of liquors as well as other kindred offenses. No indication is given as to the quantity regarded as reasonable.
Street commissioners were provided for by ordinance of March 9, 1809.
The first ordinance signed by James Findlay, as president for the third time, and Ethan Stone as clerk was naturally one to regulate the hogs, pigs and swine running at large. This was un- der date of April 4, 1810.
An ordinance that created considerable ex- citement and opposition was that of July II, 1811, which declared that pools of stagnant water at and around different brick-yards in the lower and western part of the town and the pond of water east of Broadway and south of Congress street were nuisances and required that they should be filled up. On November 21, 1811, was passed an ordinance changing the name of the main cross street which ran nearly east and west and passed by the Methodist meeting house, the Court House and new market house in a di- rection to the mouth of Mill creek from Fifth to Market street. This was of course repealed by the ordinance, referred to in a previous chap- ter, prepared by Nicholas Longworth and Daniel Drake of February 12, 1814, which determined the names of the streets and alleys of the town. A day later the new market house on Fifth street was established as a public market house, mak- ing it necessary to provide by ordinance for the two market houses.
The minutes of the Select Council and Town Council from the time of the election of William Stanley to the presidency in April, 1813, to the end of the life of the town in 1819 are pre- served in an old volume in a vault of the city clerk's office. The first meeting of the Select Council whose proceedings are recorded in this volume, that of April 13, 1813, at the Columbian Inn, was attended by William Stanley, president ; Samuel W. Davies, recorder; and Robert Rich- ardson, Nicholas Longworth, Jacob Williams, John Mears, Jacob Burnet, Daniel Drake, George P. Torrence, trustees, and Andrew Brannon, marshal and collector. At the first meeting it was resolved that the owners of the different ponds, which were required to be filled up by the ordinance referred to above, be cited to ap- pear before the Council at the next meeting. Another resolution was to the effect that the above members of the Council should consider it
their duty to notice all violations of the ordinance and to give information thereof. Daniel Drake acted as clerk. At the following meeting on April 26th, the moderator and clerk of the annual town meeting on April 5, 1813, reported to the Coun- cil a resolution empowering that body to lay a tax for the purchase of a fire engine. This had been presided over by Abraham Ferris, mod- erator and James Kemper, clerk. The delin- quent owners of brick-yards were cited before the Council and many admitted that they had neglected to comply with the ordinance but prom- ised to do so at once but others, including John Wilson, William Pierson, Samuel Littell, Nieh- olas Longworth (himself a member of the Coun- cil), Elmore Williams and Ephraim Carter ad- mitted the violation but were fined because they declined to comply with the law. The matter was passed to the next meeting. At the same meeting Jacob Burnet, Samuel W. Davies and Nicholas Longworth were appointed a committee to revise the ordinance of the corporation. The matter of brick pits seems to have been a serious one for at the meeting of May 1, 1813, an ordinance supplementary to the existing one and prepared by Davies and Drake was passed. The brick- makers' case was postponed.
At the session of May 8, 1813, authority was given to the committee on revision of the ordi- nances to employ Joseph Carpenter & Company to print 300 copies of an octavo edition of the ordinances of the corporation. Nicholas Long- worth from the committee of revision reported certain agreed cases between the briek-yard de- linquents and the Council which cases were to be submitted to the ensuing Supreme Court.
An important ordinance was passed at the sug- gestion of Dr. Drake on May 10, 1813. It pro- vided that every practitioner of physic or sur- gery who should attend in a professional capacity during the last illness of any person dying with- in the town should leave in the house where the chssolution took place a written memorandum stating the name of the disease which occasioned the dissolution, the date of its occurrence and the age and sex of the deceased. The master of the house was required to make a return of this memorandum to the president of the Select Council and in default of receiving one from the physician to report the same. Provision was made for a record of these "Bills of Mortality."
This ordinance apparently was not complied with for on . September 25th, the marshal was directed to summon Drs. Robert Allison, John Selman, John Douglass, Sammel Ramsay, Will-
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CENTENNIAL HISTORY OF CINCINNATI
iam T. Crissey, Christopher Anthony and John Cranmer . for failure to comply with the ordi- nance. Drs. Anthony, Allison, Selman, Ram- say, Douglass and Crissey all appeared at the next meeting on October 2nd and made their peace with the trustees.
The ordinance of September 25, 1813, pro- vided for public wells. The constant recurrence of the ordinance for the purpose of licensing the- atrical performances indicates that there must have been a number of these at the time. The ordinance with relation to the streets passed Feb- ruary 12, 1814, is quoted elsewhere.
At a meeting of the Select Council on De- cember 13, 1814, a motion was made to appoint a committee to draft a bill for the purchase of a fire engine but this was negatived and further consideration of the matter was postponed to the next meeting. At this meeting a committee of two, Nicholas Longworth and Daniel Drake, were appointed to draft an ordinance laying a tax for the purchase of a fire engine conformable to the resolution of the annual town meeting.
An ordinance of February 12, 1814, prevent- ing disorderly conduct on Sunday, recited that much inconvenience had arisen to religious so- cieties and the citizens in general from noisy, riotous and profane and disorderly conduct on the Lord's Day and frequent assembling of servants and others at taverns, shops and boats.
From the record in the minutes the following list of tavern keepers to whom licenses were granted during the year 1813 and 1814 is taken : James Crosson, Ebenezer Pruden, William Har- low, Nathaniel Edson, David J. Poor, Frederick Facorn, Joel Williams, Rufus Green, Samuel McHenry, Thomas Wingate, Andrew Burt, Stephen McFarland Patrick Dicky and Robert Hewes.
At the meeting of April 11, 1814, the newly elected officers were present. They were: Sam- uel W. Davies, president ; Griffin Yeatman, re- corder ; William Irwin, Jacob Burnet, Samuel Stitt, John S. Wallace, Davis Embree, Jacob Wheeler and William Corry, trustees. Mr. Cor- ry was appointed clerk. This meeting was at the Columbian Inn, but subsequent meetings were ordered to be held at the house of John Wingate.
On November 28, 1814. President Samuel W. Davies announced that he had licensed David R. Campbell & Company to exhibit balancing and rope dancing for two nights. A little later on January 4, 1815, Samuel Cogswell was licensed to exhibit living animals for seven days and
Messrs. Lewis and Ives authorized to exhibit wax figures for the space of three weeks.
The last ordinance of the Select Council, passed February 23, 1815, was to regulate public celebrations which had become a source of danger to the thickly settled little community, especially at a time when celebrations of victories and, finally, peace were numerous.
Mr. L'Hommedieu thus described these cele- brations :
"The news of the battle of the 8th of January, 1815, at New Orleans fought and won by Old Hickory reached our village, and what a glorifi- cation our people had! Some now present will remember the illumination, the grand procession that moved down Main street with a bull mana- cled and appropriately decorated.
"Another month or more brought news of peace, made before the great battle of the 8th was fought; and then another grand illumination of our village. What a joyous time we boys had ! How we equipped ourselves with paper soldier- caps, with red belts and wooden swords, and marched under command of our brave captain as far as Western row, now Central avenue, where we reached the woods, and, for fear of Indians, returned to our mammas, reporting on the return march to old Major-General Gano, who, after putting us through a drill, gave each boy a fip to purchase gingerbread, baked by a venerable member, formerly president of this association." (Cincinnati Pioneer, No. III, p. 13.)
On February 24, 1815, after the consideration and passing of the ordinance regulating illumina- tion, which appears among the ordinances as of date February 23, 1815, occurs the following en- try: "Whereas information hath been received that preliminaries of Peace had been agreed upon between the United States of America and the Kingdom of Great Britain, therefore re- solved by the Select Council of the town of Cincinnati that in commemoration of that joyous event a general illumination of the town be rec- ommended to the citizens on Saturday evening the 26th instant ; lights to be extinguished at ten o'clock and that the president be authorized to cause the same to be proclaimed according to the ordinance in such case made and provided." The ordinance forbade illumination except by authority of the Select Council after notice by the town marshal.
On March 1, 1815, Thomas Carr made appli- cation to the Select Council for use of the fire engine on behalf of an organized fire company of which he was captain. Ilis application was
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granted. Nathan Oliver and others asked that Water street be opened to Western row and Western row from Front street to the river, which petition was granted. At the same meet- ing the polling places for the first election to take place under the new charter were selected as follows: In the First Ward at the house of Samuel McHenry; in the Second Ward at the Court House; in the Third Ward at the house of John Wingate; in the Fourth Ward at the house of Nathaniel Edson. This being the last meeting of the Select Council, it adjourned sine die.
THE TOWN COUNCIL ( 1815 TO 1819).
The members of the first Town Council, pro- vided for by the act of 1815, were: O. M. Spencer, Samuel W. Davies and Jonathan Pan- coast ; John Shaw, Jacob Burnet and William Corry; Francis Carr, Nicholas Longworth and William Ruffin; and Christopher Walker, Jo- seph Warner and David Kilgour, from the First, Second, Third and Fourth wards respectively. (Liberty Hall, April 8, 1815.) Other members during the town's life were James W. Gazlay, Charles Marsh, Martin Baum, William Corry, Richard Fosdick, J. H. Piatt, Richard Wheeler, John Williamson, Jesse Embree, Oliver Lovell, Jacob Wheeler, William Greene and George Lib- bey. (Henderson's History of Council, p. 20.)
The first meeting of the Town Council was held at the tavern of Samuel McHenry on April 6, 1816. There were present: William Corry, Jonathan Pancoast, Oliver M. Spencer, Joseph Warner, Christopher Walker, David Kilgour, Samuel W. Davies, Nicholas Longworth, John Shaw, William Ruffin, Francis Carr and Jacob Burnet. The trustees proceeded to the election of a moderator for the evening and Jacob Burnet was selected for that place and Nicholas Long- worth as secretary. The trustees thereupon pro- ceeded to the election by ballot of mayor, re- corder, clerk and treasurer to which offices, re- spectively, William Corry, Oliver M. Spencer, William Ruffin and David Kilgour were elected.
The seal of the Council was readopted until another should be provided and Oliver M. Spencer, Jacob Burnet and Joseph Warren were appointed a committee to select a new one. A committee was appointed to examine the upper room of the Town House and to report as to its state and whether it would answer for a council chamber. Jonathan Pancoast and Francis Carr constituted this committee. Another committee . was appointed to consider the throwing up of a
levee in the western end of the town to keep out the water.
At the meeting on April 10, 1815, the Thes- pian Corps asked to be exempted from paying a tax for their performance. The Town House committee reported that a small expense would render the chamber useful for the Council and it was ordered repaired. Upon the report of Mr. Burnet of the committee on the city seal, the old seal with an alteration from 1802 to 1815 was adopted.
The first ordinance of the Town Council, passed April 14th, referred to the common and forbade the erecting of any structure on the com- mon or digging thercon.
The matter of grading Main street formed a subject of discussion at several meetings in the carly part of 1815. The first ordinance signed by a mayor, William Corry, of date June 15, 1815, related to the licensing of wagons, carts and drays. The last ordinance of the Town Council was passed February 27, 1819, and pro- vided for punishment for offenses against the watch.
SOME TOWNSILIP OFFICIAL ACTS.
While on the subject of the civil government of the town, it may not be inappropriate to make some extracts from a very valuable original record, none of which has heretofore appeared in print. While not directly connected with the town government, it throws light upon one branch of the administration of affairs at that time.
From the earliest time to 1853 when Infirmary directors chosen by the city took charge, the trustees of Cincinnati township cared for the poor, aided by two overseers of the poor elected by the citizens each year. In addition to the trustees named in the following extracts, the following served as trustees during 1802-19: Isaac Anderson, Joseph. Carpenter, Edward Dod- son, James Ferguson, James Gibson, Levi James, Thomas McFarland, John Riddle, Nathaniel Reeder, William Ramsey, Jeremiah Reeder, Stephen Wheeler, William Woodward and Jacob Wheeler. The township clerks were Levi Woodward, who served from 1792 to 1805 : Samuel Patterson ( 1805-08), Thomas Hender- son (1808), James Rollins (Thomas Rawlins) ( 1809-10), Christopher Smith ( 1811-12), David Wade (1813-14), Jeremiah Reeder ( 1815). Jacob Reeder (1816), and Micajah T. Williams (1817-21). The overseers of the poor were Hugh Bracken, Benjamin K. Cozier, Edward
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CENTENNIAL HISTORY OF CINCINNATI
Dodson, Jesse Embree, Isaac F. Earle, Elias Fisher, James Gibson, John Humes, Ezekiel Hall, Nehemiah Hunt, James Kirby, Herman Long, Solomon Langdon, Thomas McFarland, Robert Merrie, Joseph McMurray, Charles Marsh, Alex. MeNutt, Jonathan Pancoast, Lewis Rees, Daniel Stagg, Elmore Williams, Jacob Williams, John Williamson and John Woods. ( Annual Reports, Cincinnati, 1888, p. 368.)
There is in the possession of Judge Frederick W. Moore, for many years the judge of our Court of Common Pleas and afterwards the judge of the Superior Court of Cincinnati, a most interesting volume entitled "Record of the Proceedings of the Trustees of the Township of Cincinnati," commencing with the year 1808. It appears from this book that the trustees at that time, elected at a meeting of the citizens held April 4, 1808, were Sam Forster, Sam Swing and John W. Miles. At the same time Oliver M. Spencer was elected treasurer and Dav. L. Car- ney, clerk.
Other officers were "Benj. Mason, Appraiser, Jac. Fowble, Lister; Ez. Hall and Tho. M'Far- land, Overseers of the Poor; Jas. Chambers, Jac. Stuart, Jed. Ayres, Rob. Terry, And. Brannon, Constables ; Dave J. Poor, Will. I. Cullum, Rob. Richardson, Joshua Williams, Will Woodward, Tho. Dugan and Sam Swing, Supervisors of Highways; Christ. Cary, Isaac Anderson and Clark Bates, Fence Viewers." The principal duties of the trustees according to the entries made in this record seem to have concerned the overseeing of the poor. Frequent allow- ances were made to various citizens for the support of the paupers of the township.
Police jurisdiction of the trustees is shown by the following entry : "June 17, 1808, the Trus- tees by their warrant ordered Nancy to leave the town immediately of- dered the overseers to take charge of the child." In August the township clerk, Mr. Carney, "beg- ged to resign his office which resignation was accepted by the Trustees who immediately ap- pointed Thomas Henderson as his successor." Henderson was sworn in on September 7th be- fore Justice Ewing. On September 17th, the accounts of Griffin Yeatman, the late treas- urer, were examined and it was found that he stood indebted to the township for $3.011/2 which he promptly paid over to his successor, Oliver M. Spencer. At a subsequent meeting an order was issued "for the removal of
Powers and his Family who are likely to be- come chargeable and have not obtained a legal
settlement." Other entries of frequent occur- rence relate to the allowance of small sums, "for digging a grave for a poor child" and "for making a coffin for a poor child." Although Mr. Powers and family had been ordered out of the township in October, on the 30th of January of the following year Maxfield Har- graves was allowed $5.95 "for butcher meat furnished * * to Jno. Powers a Poor man." At a later meeting, relief was voted "for an Insane Poor Man, a Stranger lying at the house of Solomon Pelly." "Agreeable to notice received from the clerk of the court" the follow- ing list of jurors was selected by the trustees for the year 1809: Grand jurors: John Selman, Thomas Henderson, Elnathan Kemper, John O'Farrell, Samuel Patterson, Robert Merrie, Cul- bertson Park, William Ramsey, John Kidd, John Shally, William Betts and Clark Bates. Petit jurors : James C. Morris, Benjamin Mason, Ed- ward H. Stall, Jonathan Pancoast, Nehemiah Hunt, Martin Baum, Francis Carr, Ichabod Spin- ning, Samuel Best, Ezekiel Hutchinson, Phil. Price, Charles Fox, John M. Piatt, Ad. Dunseth and Evan Price.
John Powers again receives assistance in March, 1809. At the election held April 3, 1809, there seems to have been a complete change in the trustees. Joseph VanHorn, Benjamin Mason and Adam Moore were elected the trustees. Oliver M. Spencer continued as treasurer and James Rollins was elected township clerk. The justices elected were: James Ewing, John Ma- hard, James Lyon, Enos Hurin and William T. Callom. Among the other familiar names that appeared are those of Andrew Brannon, James Kirby, William Woodward, Ethan Stone, F. Menessier, Isaac Bates, Peter Mills and Cornelius R. Sedam. At an election held Jan- uary 29, 1810, Griffin Yeatman was duly elected justice of the peace. On April 9th he was sworn in as township clerk. The following day the new trustees were elected: Adam Moore, Nehemiah Hunt and William Woodward. John H. Armstrong became the township treasurer and Aaron Goforth, lister of property. Among the supervisors are Cornelius R. Sedam, Ethan Stone, Thomas Ashburn and John Whetstone. It is recorded on May 12, 1810, that a warrant was issued to Robert Blair, constable, as fol- lows :
"To Robert Blair, counstable of Cincinnati town- ship, Greeting :
"You are hereby required and this is your war- rant to go forthwith to the house of John Win-
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ters in hill street, to command a certain woman there, who calls her name Susanna Morris to leave this township immediately, by reading this writ in her presence, or leaving a copy at said house, and fail not. Given under our hands in Cincinnati, the eleventh day of May, A. D. 1810, "BENJ. K. COZIER, "Overseer of the Poor."
A similar order was given to John Tibbles, constable, three days later directing him "to go to the house of Henry Sights and command a certain woman there who calls her name Jane Brown 'to depart this town immediately." A
little later Andrew Brannon, another constable, was directed "to command a certain blind negro man by the name of Sam to depart this town- ship immediately." Joshua L. Wilson, so long a favorite in Cincinnati, was appointed treas- urer of the township on July 5, 1810. On the 19th of the same month Nathaniel Reeder be- came a trustee. On August 3rd, Constable Blair was directed to "warn a certain woman by the name of Mary Hayward and her four children to depart this township immediately." John Powers seems to have been a burden upon the township for some time, for regularly each quarter the sum of $31.25 is allowed for his keep. Another entry allows to. Dr. Crissey $39 "for his physical aid" to one of the poor of the township. Griffin Yeatman on March 4, 1811, was allowed for his service as township clerk for one year the sum of $12 and each of the trustees for the same period received the sum of $10. Some of our prominent citizens seem to have been regular jurors in those days for on the list of the year 1811 there appear as grand jurors Samuel Patterson, Culbertson Park, Jacob Baymiller, Stephen McFarland, Isaac Anderson, Josiah Halley, Martin Baum, Francis Carr and John H. ,Piatt. Among the petit jurors were Alexander Gibson, John Martin, Ephraim Car- mack, John Wozencroft, Edward Dodson, Heze- kiah Flint, Robert Caldwell, Jonathan Pancoast, William Robinson, Samuel Stitt and William Ramsey. For the next year, Adam Moore, Rob- ert Merrie and Christopher Walker were elected trustees. Joshua L. Wilson continued as treas- urer and Nathaniel Reeder as appraiser and Christopher Smith became township clerk. On April 25, 1811, Elijah Adams was warned to leave the township. Apparently the compensa- tion to the overseer of the poor was $5 a year which was allowed B. K. Cozier. Among the jurors drawn for the next year were some
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