USA > Ohio > Jefferson County > Steubenville > Century History of Steubenville and Jefferson County, Ohio and Representative Citizens, 20th > Part 17
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On May 27, 1785, congress elected a pub- lie land surveyor from each state, and in July, 1786, they assembled at Pittsburgh under the direction of Thomas Hutchins, United States Geographer, who had been a military engineer under General Bouquet. It was to protect these surveyors in the Indian country and form a base of opera- tions that the fort above described was erected and named after the Prussian Baron Steuben, who rendered such efficient service to the colonies in the Revolutionary War. Our first information concerning this fort is derived from Major Ekuries Beatty, father of the late Rev. Charles C. Beatty, D.D., of Steubenville, who was paymaster in the western army, and came to the Ohio country in 1786. He kept a diary of his transactions, from which we learn that while ascending the river to Pittsburgh he met Captain Hutchins and party on July 21st, encamped opposite Little Beaver preparing to begin their survey. He also met two boats with the baggage of three military companies en route to Mingo. On the 31st he started down the river, and, at 3 o'clock in the afternoon of August 2d, arrived at Mingo, where Captain Hamtramck's, MeCurdy's and Mercer's companies were encamped, and had just been mustered and inspected by Major North. They had showers, and the troops were encamped on the river bank "opposite the lower end of a small island."
Major Beatty continued his journey to Kentucky, and in September started on his return trip. During the interval Major Hamtramck doubtless concluded that the second terrace three miles up the river would be a better location for a fort than the lowlands at Mingo, and had begun the erection of Fort Steuben. So, under date
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of September 22d, we find the following entry in Beatty's diary :
"Stopped at a small blockhouse today on the Indian shore which Major Hamtramek had built for the security of his provisions, Saw here Capt. Mills, the commissary, and Mr. Hoops, a surveyor, who told us that they cx- pected the troops and all the surveyors in, on account of an alarm they had received from the Indian towns. Arrived to-night within three miles of Yellow Creek."
This was the first of the four corner blockhouses. The fort was completed dur- ing the winter and quite an account of life within its palisades is given by John Mat- thews, a nephew of General Putnam, who was one of the surveyors. His first note under date of July 31st refers to the camp opposite Beaver, "where the surveyors were waiting for the troops from Mingo which are to escort them in the survey." Caldwell concludes that he here refers to Fort Steuben, which at first was often con- founded with Mingo, that being the historie spot of the Ohio country, but Matthews means just what he says, for we have seen from Beatty's diary that the troops were actually at Mingo at this time. Matthews gives an interesting account of his work with the surveyors, but Captain Hutchins having left for New York on January 27, 1787, we next find these entries:
February 3. This evening I received a letter from Major Hamtramck, requesting me to come and take charge of the commissary department at Fort Steuben, which is three miles above the mouth of Indian Cross Creek, on the west side of the Ohio.
Sunday, 4th. I went to Fort Steuben, in company with Mr. Ludlow, one of the surveyors, and engaged to be ready to take charge of the stores on Wednesday next
Fort Steuben, Thursday, 8th. This morning Mr. Peters delivered the stores in his charge to me. I am now entering on business with which I am unaequnluted, but hope that use will make it familiar to me. I have to issue provisions to about seven hundred men.
April 10th. Captain Martin and Mr. Ludlow left this place for the woods, to continue and complete the survey of the ranges.
17th. Mr. Smith left this place for the woods.
21st. Mr. Simpson left here for the woods.
May 8th. This day three of the surveyors and their assistants or parties arrived from the woods, viz .: Cap- tain Martin, Mr. Simpson (surveyor from Maryland), and Mr. Ludlow; they arrived at Wheeling the 5th inst. Their coming was in consequence of information from Esq. Zane that the Indians bad killed three persons at Fishing Creek, and taken three more prisoners on the 25th day of April. Mr. Smith is yet in the woods, and nothing has been heard from him since he left this place, as he did not come up with Mr. Ludlow on the seventh
range, as was expected, but by comparing circumstaner- I apprehend no misfortune has befallen him.
Thursday, 101h. Mr. Smith and party returned from the woods, and all is well.
12th. We have intelligence this day that the Indians bad murdered a family on the night of the 11th, about fifteen miles below this place. On my way to Esq. MeMahon's I saw several persons from Wheeling, who informed me that there was one man and two children kille-i, and two children taken prisoners, and the woman badly wounded.
Wednesday, 234. I was ordered by Major Haintramek to engage a number of pack horses to go into the woods with the surveyors and cacorta, to carry the provisions. Went up Buffalo Creek about ten miles in search of horses. There are several mills on the creek, and the best farms I have seen in this country.
24th. Rode to the court house in Ohio County. There is a good town laid out there, and about twenty of the lots occupied (West Liberty).
25th. About 2 p. m. arrived in the fort, not having very good success in procuring horses, but a prospect of completing what I want. A part of the troops sta- tinned ut Steuben bad left bere during my absence, being ordered to Muskingum, and the remainder immediately to follow. Their further destination is not known. Major Hamtramck informs me that the stores in my charge will be moved to Wheeling, and I am to go with them. This place will probably be the rendezvous of the surveyors and their escorts this summer.
30th. A party of the troops left this post for Mus- kingom, sad I have made arrangements to go to Wheel- ing in the morning.
Bist. At 10 o'clock a. m. left Fort Steuben, with a canoe deeply laden, and no one on board but myself. At 2 o'clock was obliged to be by on account of the wind. At 1 it abated, and I got as far as the mouth of Short Creek. llere I found Mr. Wheaton and Mr. McFarlane, and was induced to stay all night.
Ou July 31st Mr. Matthews returned to MeMahan's, opposite Mingo, and on the evening of August 4th there was an alarm by the screaming of a person begging for life, and the report of two guns. A party of armed men crossed the river, where they found a man killed and scalped, at the lower end of Mingo Bottom. The Indians, two in number, according to some persons fishing at the month of Cross Creek, es- cape. After a trip down the river, Mr. Matthews returned to McMahan's on Mon- day evening. September 3, where he re- mained until the 20th, when he came across the river with a small party to hunt gin seng. They went as far as the dividing ridge between Short Creek and the Tusca- rawas, where they spent four days digging the root. On the return they arrived at the Ohio about 3 p. m. on the 29th, when we find the following entry :
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"We were much surprised to hear that three men had been killed and one taken prisoner by the Indians, about ten miles up Cross Creek, who were out after ginseng on Sunday last. Two of the party made their escape. They had also killed a family the week following, up Wheeling Creek, and done considerable other damage. While we were out we were very careless and came on their trail but, fortunately, they did not fall in with us. I feel very happy that I have reached my old quar- ters, and will give them liberty to take my scalp if they caleb me after ginseng again tuis year.
"October 12th. This evening McMahan returned from over the river, where he had been with a party of men in pursuit of some Indians who yesterday morning killed an old man near Fort Steuben. He did not discover them, but by the signs thought them to be seven or eight in number.
" November 30th. A part of this month I have been on the west side of the Ohio, with Mr. Simpson and Colonel Martin, assisting them in the survey of the lands they bought at the public sales in New York. Last evening I returned from Pittsburg, where I had been to settle my accounts with Britt & Co., which I have accomplished. While there I saw Colonel Meigs, of Connecticut, who has lately come on to this country. Hle belongs to the Ohio Company (the Marietta settlers) and informe me that the surveyors, workmen, etc., will he ou this winter. I was gratified to learn that, by resolve of the company, I had been appointed one of the surveyors. ''
Major Beatty visited Fort Steuben on February 6, 1787, when he made a drawing and description of the same, Jocating it abont one hundred and twenty yards from the river. It was then guarded by Captain Hamtramck's and Mercer's companies. He made subsequent visits on February 26th and March 25th, of the same year. Al- though the garrison was removed in 1787, the fort continued to be a refuge for set- tlers until 1790, when it caught fire from some cause and was burned to the ground, not a surprising incident when it is remem- bered that all the buildings were of wood, with no facilities for extinguishing flames.
We have seen from the journal of Mr. Matthews that this fort was not merely a small military garrison, but a busy centre of frontier life, where people were coming and going, and where the foundations of a great state were being laid. All this was the year preceding the settlement of Mari- etta, and that settlement was made pos- sible by the work done here. As some- body has said of Jamestown, the men who founded our country there and created the first representative assembly and the first free schoo's were makers of history instead
of writers of history, hence much of the credit which belongs to them has been transferred to New England; and so it has been in Ohio. We hear a great deal about the settlers down the river, but very little about the pioneers of eastern Ohio, by whose perils and labors an empire was secured for our common country. A true history of Ohio would date the first per- manent settlements of the state not at Marietta on April 7, 1788, but at Fort Steuben in the later summer and fall of 1786, and even this was subsequent by sev- eral years to those who built their lonely cabins nlong the river, defying the hard- ships of the wilderness and the perils of the savages. It is very likely that the Marietta Argonauts landed at Steubenville on the way down, where the fort and settle- ment had already stood for a year and a half, and where there were already more people than in the visiting party.
Before the year 1787 had expired lands within the limits of the seven ranges were offered for sale by the Government in New York, although the states claiming an in- terest in this territory had not ceded their claims. Virginia had undoubtedly the strongest claim to this section not only ac- cording to her original charter but because through the expedition of Clark and the energy of her pioneers she had been mainly instrumental in preserving this territory to the Colonists. But the other colonies demanded an interest, and Virginia finally surrendered whatever interest she may have had, only excepting some lands to re- deem promises made to her soldiers, which was offset by a large tract given to Connec- tient sufferers, and although a slave state unhesitatingly agreed in the ordinance of 1787 that this virgin territory should be consecrated to freedom. The Ohio Com- pany which settled Marietta, was formed in Boston in 1786, and purchased from the government 964,285 acres of land on the Ohio and Muskingum Rivers adjoining the western line of the seven ranges. It was here that John Matthews had his next job of surveying, and as late as 1790 while on
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the Virginia side of the river his party was number of years ago to make way for the attacked by Indians and seven of his men present three story business block owned by Thomas Greenburg. A marble tablet placed on the front of the building recites that this was the first land office in the United States. Peter Wilson on April 15th, 1806 purchased from Robert Carroll Lot No. 113, the third above Washington on the east side of Third street, north of the pres- ent Turner Hall on which Carroll had built a two story frame honse. When Wil- son was appointed receiver in 1808 the corner of Washington and Third streets was a business centre, and the next year the land office was moved here where it re- mained until about 1821. That site is now occupied by a summer theatre. In 1821 Mr. Hoge being the owner of Lot No. 61 (U. S. Hotel) moved the land office to the west end of that lot in a small briek build- ing fronting on Market street on the corner of Alley A, afterwards the Postoffice, and since removed to nmike an addition to the hotel. Mr. Hoge sold this lot in 1828, and the same year purchased Lot No. 95 on the east side of Third street mid way between Market and Adams, where he erected a house and to which he removed the office, where it remained until it was closed in 1840. The property was afterwards owned by Capt. J. S. Devenny, and now by Michael Keane, but the builling was moved to the north half of Lot 13 on North Sixth street between Washington and North, in Ander- son and Donaldson's addition, remodeled and now occupied by Albert Polen. shot and sealped. In fact there was trouble all along the river that year. Land sales were continued in Philadelphia and Pitts- burgh, and on May 10, 1800 congress passed an act establishing the Steubenville dis- triet for the registration and sale of public lands in the Northwestern Territory, and two days later President Adams nominated David Hoge, of Pennsylvania to be register of the land office at Steubenville, who was confirmed shortly after. Mr. Hoge filled this position until the office here was closed un- der the art of June 12, 1840, when the un- sold lands were attached to the Chillicothe district. Zaccheus Biggs was commissioned as the first Receiver here on July 1st, 1800. Mr. Biggs was also County Commissioner in 1804 and member of the town council in 1806. He removed across the river in 1811 and operated what was long known as the "Lower Ferry" where are now the La Belle iron works. Obadiah Jennings, who afterwards became a Presbyterian min- ister has been spoken of as a receiver, but an investigation by Capt. J. F. Oliver, of this city showed that there was no record of him holding such office. He was probably a clerk or assistant. Peter Wilson was appointed receiver on November 3. 1808, and held the office thirteen years. He was succeeded in 1821 by his brother-in-law. Hon. Samuel Stokely, who was succeeded by John H. Viers in 1833, and the latter held the office until it was discontinued in 1840. In 1801 Mr. Hoge bought from Beza- At the time the Steubenville office was created similar ones were made at Mariet ta, Cincinnati and Chillicothe, and the first entries were as follows: Steubenville, July leel Wells for $50 Lot No. 104 on the east side of Third street, a short distance above Market, on the south side of which he built a house (the MeLain house) in which the 1, 1800; Marietta, December 26, 1800: Cin land office was located until he sold the cinnati, April 6, 1801; Chillicothe. May. house in 1809. This building was razed a 1501.
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CHAPTER IX
COUNTY ORGANIZATION
From Lake to River-Subsequent Changes and Present Boundary.
The Confederate congress on July 13, William Henry Harrison was chosen con- gressional delegate, the present govern- ment of the United States having then been in existence about nine years. In the mean- time several counties had been set off, among them Jefferson, the first ten coun- ties of what is now the State of Ohio being the following : 1787 adopted an ordinance for the govern- ment of the territory northwest of the Ohio River which provided among other things for the appointment of a government by congress, and also that so soon as there should be 5,000 free male inhabitants in a certain district they would be entitled to chose a legislature, upon whose proceed- ings the governor should have an abso- NAME .. WHEN PROCLAIMEDCOUNTY SKAT. lute veto. It was also provided that there July 27, 1788 Washington Hamilton Marietta January 2, 1790 Cincinnati should be formed in said territory not less Wayne Angust 15, 1796 Detroit than three nor more than five states. This Adams July 10, 1797 Manchester last provision resulted ultimately in the Jefferson Steubenville July 29, 1797 formation of the five states of Ohio, In- .July 10, 1800 ROMA August 20, 1797 Chillicothe Trumbull Warren diana, Illinois, Michigan and Wisconsin. Clermont December 6, 1800 Williamsburg Under this act Gen. Arthur St. Clair, an Fairfield December 9, 1800 New Lanenster Belmont September 7, 1501 St. Clairsville eminent Revolutionary soldier was ap- pointed governor, and organized the terri- There has been considerable discussion concerning the exact date at which Ohio be- came a state, but March 1, 1803 is now ac- cepted as correct, because on that day all territorial functions ceased, and those of the new commonwealth began, although the organization of the state government was not concluded until two days later. Jolin Milligan, of Jefferson County, was a mem- ber of the last territorial legislature, and he with Rudolph Bair, George Humphrey, Nathan Updegraff and Bezaleel Wells was a member of the convention organized at Chillicothe on November 29, 1802, which tory at Marietta on July 9, 1788. He served in that capacity until 1802, when political influence forced him from office. The statutes promulgated by himself and ad- visers have been spoken of as the best ever framed for an infant colony. Among others it was provided that the common law of England, and all statutes in aid thereof, made previous to the fourth year of James I. should be in full force within the terri- tory. By 1798 the territory containing the requisite number of 5,000 adult male in- habitants, a legislature was elected and organized the next year, at Cincinnati. adopted the first constitution. As seen
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above Jefferson County was organized be- corner of Carroll, but on February 11, 1809. fore the present State of Ohio was even a full fledged territory. The boundaries as prescribed by Governor St. Clair's procla- mation were as follows:
"Beginning on the bank of the Ohio River, where the western boundary of Pennsylvania crosses it, and down said river to the southern boundary of the fourth township in the third range, and with said southern boundary west to the southwest corner of the sixth township of the fifth range; thence north along the west- ern boundary of said fifth range, to the ter- mination thereof; thence due west to the Muskingum River, and up the same to and with the portage between it and the Cuya- hoga River; thence down Cuyahoga to Lake Erie; thence easterly along the shores of the lake to the boundary of Pennsylvania, and south with the same to the place of be- ginning."
Stripped of its legal verbiage the above meant practically all that part of Ohio east of the Cuyahoga and Tuscarawas extend- ing from Lake Erie to the southern line of the present Belmont County. It in- eluded besides the present Jefferson, the counties of Ashtabula, Geanga, Portage, Trumbull, Mahoning and Colombiana, about half of Cuyahoga ineluding most of what is now the city of Cleveland, and the greater part of Summit, Stark, Carroll. Harrison and Belmont. Quite a unmber of changes were made before Jefferson County assumed its present shape, the first being the organization of Trumbull County on July 10, 1800, taking all north of the present northern boundary of Columbiana. The latter county was organized on March 25, 1803. and extended from Yellow Creek northward to Trumbull, and westward to the Muskingum, taking the northern part of Saline Township and the greater part of Brush Creek. On Jannary 31, 1807, Jeff- erson County was extended westward to the west line of the seven ranges, forty-two miles from the Pennsylvania boundary, tak- ing in all of Harrison and the sonthwest
all west of the fifth range being parts of the present Harrison and Carroll was at- tached to Tuscarawas. On January 2, 1813 Harrison County was organized to take effect January 1, 1814. Carroll was or- ganized on December 25, 1832 from Harri- son and Jefferson, and at the same time the boundary between Columbiana and Jeff- erson which had hitherto followed the meanderings of Yellow Creek was straight- ened giving the whole of Brush Creek and Saline Townships back to the latter county, and fixing the lines as they now exist.
On May 10, 1803 the county was divided into the five townships of Warren, Short Creek, Archer, Steubenville and Knox, the bonndaries of which were all subsequently changed, two of them, Short Creek and Archer, reappearing in Harrison County.
'The first will probated in Jefferson County was that of John Cross on Febru- ary 27, 1798 before Bezaleel Wells, Clerk of Court; Benjamin Cross and John Mar- tin witnesses. As Benjamin Cross is also a logatee the law prohibiting legatees acting as witnesses was evidently not observed. The second will was that of John Hooten, dated March 1, 1794 and probated August 14. 1798.
The tax duplicate for 1799 showed 925 families, 181 single freemen, 48,709 acres of woodland, 5,593 cleared 1,159 horses, 2,- 086 cattle, 2 grist mills, 4 saw-mills, 18 honses ( ?) and 13 ferries. This is evident- ly outside of Steubenville.
Early licenses issued for solemnizing marriages are recorded as follows: Rev. James Snodgrass, Presbyterian, 1803; Rev. Lyman Potter, Presbyterian, Enoch Mar- tin and Michael Harmon, Baptist, Elias Crane, Methodist, Jacob Colbart and Alex- ander Colderhead. Associate Reformed. 1804: John Ray of Crab Apple and Beech Springs, 1806; Rev. William Argo, Methi- odist, 1807; Rev. Abraham Scott of Mt. Pleasant, 1809. The first marriages were mostly solemized by justices of the peace. the primary one recorded being that of
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SCHOOL HOUSE, BERGHOLZ
L. E. A. & W. DEPOT, BERGHOLZ
RESIDENCE OF JAMES GEORGE BERGHOLZ
THE OLD MILL, BERGHOLZ
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Joseph Baker and Mary Findley, October 19, 1797, Zenas Kimberly, recorder, offici- ating.
The first deed recorded was for land in Warren Township, being from the United States to Ephraim Kimberly for 300 acres of land near Short Creek in return for serv- ices during the Revolution. The deed is
dated 1795 and signed by George Washing- ton. The tract was surveyed by Absalom Martin and included the mouth of Short Creek. A stone monument marks the southwest corner. In Vol. VIII. of the Ohio Archaeological reports is a very com- plete list of the early deeds, compiled by Mr. Hunter.
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CHAPTER X
LEGAL. JUDICIAL, EXECUTIVE AND LEGISLATIVE
Bench and Bar-Eminent Jurists and Attorneys-The Great War Ministers-Roster of Judicial, Executive and Legislative Officers-Congressional Representatives.
A full account of the Jefferson County bar would be a history of the county itself. A few years ago the present writer col- lected considerable data for the Caldwell history, which has also been used in other publications, and a great deal of what fol- lows is based on those researches with additional material covering the past forty years. The first court, or as it was called The First General Quarter Sessions of the Peace, for the county of Jefferson in the territory of the United States, northwest of the Ohio River, was held at Steuben- ville in pursuance of a proclamation by Winthrop Sargent, secretary of the terri- tory, acting in the absence of Governor St. Clair, and met on November 2, 1797. Philip Cable, John Moody and George Humphries acted as judges, and on the first day of the term JJohn Rolfe, James Wallace and Solo- mon Sibley were admitted to the bar. David Vance was associate judge in the following year, and Thomas Fawcett at the August term, 1799, William Wells in 1800, and Jacob Martin in 1801, this being the com- position of the court until March 1, 1803 when Ohio became a state. The first jury called was at the February term, 1798 as follows: Philip Cahil. Shadrack Newark, Joseph Ross, Jr., K. Cahil, R. Pritchard, John Shrimplin, William Schritchfield. William Shrimplin, Thomas Harper, Aaron
Hoagland, Robert Newell and Thomas Ben- dure. Its first case was John Jones, Jr. vs. James Hall, in which the plaintiff was given $14.06 and costs. In August 1798 it was ordered by the court that John Ward and John Moody act as commissioners to contract for and superintend the repairing of the court house and "gaol" and make the same fit for public use, and that they be paid $40 towards defraying the expenses of so preparing said building. On the 15th of that same month a deed was procured from Beznleel Wells and Sarah, his wife, of Brooke County, Virginia, the consideration being five dollars, for a piece of ground to be devoted to the site of a court house, jail and such other public buildings for the use of the county as the said justices of the court of common pleas, and their successors shall from time to time think proper to or- der. This lot. was on the northeast corner of Third and Market streets, fronting 120 feet on the former street, and 180 on Mar- ket, and 120 on what is now Court street. The lot was considerably enlarged when the present court house was built. Thomas M. Thompson, Z. Kimberly and C. Sample were admitted to the bar this year. Mr. Kimberly in 1805 became a merchant at Warrenton. In 1799 it was ordered that the treasurer of the county pay John Ward and John Moody $200 to furnish the court
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