USA > Ohio > Wood County > Commemorative historical and biographical record of Wood County, Ohio : its past and present : early settlement and development biographies and portraits of early settlers and representative citizens, etc. V. 1 > Part 42
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It is not to be understood that these relin- quishments were made on the part of the Indians without an equivalent. Large sums of money were paid to them, and stipulated to be paid, in perpetual annuities, as well as goods and mer- chandise. For instance, at one of the treaties it was stipulated that the United States should pay ten thousand dollars, in goods, and a perpetual annuity of two thousand, four hundred dollars, besides furnishing the Indians with two black- smiths for ten years. And, among the provisions of the treaty at the Foot of the Rapids, the United States engaged to erect a sawmill and gristmill, for the use of the Wyandots, and to provide and maintain two blacksmiths, one for the use of the Wyandots and Senecas, the other for the Indians at Hog creek.
In reviewing these treaties, made from time to time between the United States and the Indian tribes, who claimed the right of possession to the soil, we are fully convinced that the Indians received a just equivalent in money and goods, or otherwise, and thereby the United States obtained an absolute title to the land. It is an historical fact that none of the public lands had ever been disposed of, by the Govern- ernment, prior to its cession by the Indians.
Surveys and Sales .- Congress had entire control of the public lands, and in May, 1784. a committee, previously appointed, reported an Or-
dinance for ascertaming the mode of locating and disposing of the lands in the Western Territory, This Ordinance was discussed and amended; un- til finally, on May 20, 1785, it passed, providing for townships, each six miles square and contain- ing thirty-six sections, each one mile square. The first public surveys, under this Ordinance, embrace lands running north from the Ohio river, known as the " Seven Ranges." The sections were num- bered from one to thirty-six, commencing with No. i in the southeast corner of the township, and run- ning from south to north, in each tier, to No. 36, in the northwest corner of the township, as shown in the following diagram:
36
30
24
18
12
6
35
29
23
17
11
34
28
22
16
10
4
33
27
21
15
9
3
32
26
20
14
8
2
31
25
19
13
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1
From May 20, 1785, the three commissioners composing the board of treasury made sales, and assumed control of the administration of all mat- ters pertaining to the public lands. The first officer in charge of the surveys was styled: " The Geographer of the United States," and the only person who ever held the office was Thomas Hutchins, who served from 1785 up to his death, which occurred in 1789. After his death the man- agement of the surveys devolved upon the board of the treasury, until a special officer was again placed in charge, under the Act of 1796, which provided for the appointment of a surveyor-gen- cral, and which directed the survey of that part of the lands northwest of the Ohio river, in which the titles of the Indian tribes had been extin- guished. and which had not been already con- veyed by patents, or divided, in pursuance of the Ordinance passed May 20, 1785. er which has not been heretofore and during the present session of Congress, may not be appro- priated for satisfying military land bounties, and
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for other purposes. Said lands to be divided by north and south lines, run according to the true meridian, and by others, crossing them at right angles, so as to form townships of six miles square. One-half of the said townships, tak- ing them alternately, to be subdivided into sec- tions, by running through the same each way, parallel lines, at the end of every two miles, and by marking a corner, on each of said lines, at the end of every mile. It was further provided, that the sections should be numbered progressively, beginning with No. 1, in the northeast section, and proceeding east and west, alternately, through the township, till the 36th section be completed in the southeast corner. This method of numbering sections is still in use, and is illus- trated by the following diagram:
6
5
1
3
2
1
7
8
9
10
11
12
18
17
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15
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13
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35
36
It was further provided, that whenever seven ranges of townships were surveyed below the Great Miami, the surveyed sections were to be first offered for sale, in whole sections, at public auction, under the direction of the governor, or Secretary of the Territory, said sales to be held at Cincinnati and at Pittsburg. They were to be sold to the highest bidder, but for not less than two dollars per acre, one-twentieth part of the purchase money down, and within thirty days enongh more to make one-half of the purchase money, and one year's credit for the remaining half. The townships, remaining undivided, were to be sold in the same manner, under the direc- tion of the secretary of the treasury, in tracts of one quarter of a township, and for not less than two dollars per acre. The four central sec- tions in each township were reserved from sale. The lands also remaining unsold, in the " Seven Ranges," which were surveyed under the Ordi-
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nance of May 20, 1785, including the lands sold but not paid for, were ordered to be sold as foi- lows: The townships which were directed to be sold entire, under said Ordinance, to be offered for sale at Philadelphia, at public vendue in quarter townships, reserving the four center sec- tions; the other townships, directed to be sold under said Ordinance, in sections, to be offered for sale, at Pittsburg, under the regulations pro- vided for herein.
Under this Act, Rufus Putnam was appointed surveyor-general, and served until 1803. From 1803 to 1813, Capt. Jared Mansfield, of the United States army, filled the office, and, aided by Thomas Jefferson, made many useful changes and improvements in the system of surveys.
On May 10, 1800, the Act of May IS, 1796, was amended, and further provided for the es- tablishment of four land offices, at Cincinnati, Chillicothe, Marietta and Steubenville; each to be under the direction of an officer, to be known as the Register of the Land Office. The lands were to be sold in sections and half-sections, for not less than two dollars per acre, purchasers to deposit one-twentieth part of the purchase money, on the day of sale, and within forty days to pay one-fourth part of such purchase money. including the amount deposited: another fourth to be paid within two years; another fourth within three years, and the remaining fonrt! within four years from date of sale, with interest, at six per cent., upon the deferred payments. The purchaser was also required to pay, exclu- sive of the purchase money, a surveying fee of six dollars for each section, and three dollars for each half section. purchased by him. Section 12, of the Act of March 26, 1804, provided, that the sections of land, reserved under former Acts, should be offered for sale, in quarter sections, to the highest bidder, under the directions of the register of the land office, and the receiver of public moneys, where the land offices are kept; the sales to remain open at each land office for three weeks only, and the lands not to be sold for less than two dollars per acre. The Act of February 11, 1805, authorized the surveyor-gen- eral to cause all the lands, which, under the Act of 1796, were sub-divided, by running through the townships parallel lines, each way, at the end of every two miles, and by marking a corner on each of the said lines, at the end of every mile, to be sub-divided into sections, by running straight lines from the mile corners, thus marked. to the opposite corresponding corners, as nearly as possible, equi-distant from the corners of the sections on the same.
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WOOD COUNTY, OHIO.
One of the rules to govern these surveys is thus laid down: "All the corners marked in the surveys, returned by the surveyor-general, shall be established as the proper corners of sections, or sub-divisions of sections, which they were intended to designate; and the corners of the half and quarter sections not marked on the said surveys, shall be placed, as nearly as possible. equi-distant from those two corners, which stand on the same line.
The first surveys within the present Wood county, were made in the twelve-miles-square reserve. The exterior, sub-divisional and mean- der lines of Township No. I, of said reserve, and which includes the north part of Middleton town- ship and a small portion of Perrysburg township, adjoining it on the north, was surveyed by Elias Glover, in October, 1805. Additional surveys and re-surveys were made in this township, by William Brookfield, D. S., in 1816-17. The ex- : terior lines of Township No. 3, of said reserve, embracing the north part of Perrysburg township -- - and the west part of Ross township, were run by Elias Glover, in 1805. Re-surveys of exteriors, lots fronting on river, meanders and islands in the Maumee river, were made from 1816 to 1834, by Joseph Wampler, D. S., and William Brook- field, D. S. Township No. 4, of said reserve, which lies wholly within Perrysburg township, and includes the village of Perrysburg, was sur- veyed by Elias Glover, in ISos. The exterior lines of the township of Jackson, Milton, Weston, Grand Rapids, and Sections 1, 2, 11 and 12, | Washington, were surveyed by Samuel Holmes, D. S., in 1819. The sub-divisional lines of these townships were run, in 1821, by Price F. Kel- logg, D. S.
The exterior lines of the townships of Henry, Liberty, Plain, and Sections 4, 5, 6, 7, 8 and 9, Washington, were surveyed by Samuel and Alex- ander Holmes, in 1819, and the sub-divisional lines, by I. T. Worthington, D. S., in 1821. The north part of Washington township, and the west part of Middleton township. extending north, as far as the south boundary line of the twelve-miles-square reserve, were surveyed by I. T. Worthington, and the subdivisions by P. F. Kellogg, in 1821. The exterior lines of Blooin, Perry, Montgomery, Freedom, Center. This tract of land lies on the Maumee river. west of the town of Perrysburg. adjoining .. Fort Meigs, " and is known as .. Spafford's Grant." At this period the only land in Wood county, to which the Indian title had been extinguished, was the twelve-mile-square reserve, ceded to the United States by the Indians at the Treaty of and the south part of Webster. were surveyed by Alexander and Samuel Holmes, in 1819, and the sub-divisional lines by S. Bourne, D S in 1821. The east part of Middleton, south of the reserve ' line, and the northwest part of Webster, were surveyed by Alexander and Samuel Holmes, run- ning the exterior iines, in 1819, and by I. T. | Greenville, but as yet none of this land had been
Worthington, surveying the sub-divisional lines, in 1821. It appears that the entire surveys of : Troy, and Sections 19, 20, 29, 30, 31 and 32, in Webster, were made by Charles Roberts, D. S., 1 in 1820. In Lake township, the exterior lines were surveyed in 1820, by Alex. Holmes, D. S., and the sub-divisional lines, by Ambrose Rice. D. S., in December, 1833, while the surveys in Ross township (outside of the twelve-miles- square reserve) were made by Ambrose Rice, D. S., in April, 1834.
An Act of Congress of March 3, 1805, provi- ded for the survey and sub-division of lands lying north and west of the Indian boundary, by the Treaty of Greenville, which were ceded by that treaty to the United States; and that the lands be offered for sale, at Detroit, in the Territory of Michigan, or at such of the other land offices, cs- tablished by law, in Ohio, or in Indiana Terri- tory, under the same regulations as other land within the district. This placed the lands in the twelve-mile-square reserve in the Detroit land district, where the same remained until the Act of April 27, 1816, hereinafter noted. The land office at Wooster was established under the Act of March 3, 1So7, for the disposal of the lands lying between the United States Military Tract and the Connecticut Reserve. The office of com- missioner of the General Land Office was created April 25, 1812. The first commissioner was Edward Tiffin, who served from 1812 to 1814. He was distinguished as the first Governor of Ohio, under the Constitution.
The first grant made by Congress for lands lying within the present limits of Wood county. was on April 26, 1816, as follows :- " That Amos Spafford, collector of the District and Port of Miami, shall have the right of pre-emption to 160 acres of land, to include his improvements, situ- ate within the limits of the reserve of twelve miles square, at the Rapids of Miami of Lake Erie, the boundaries of which shall be designated under the direction of the Secretary of the Treasury: which tract of land shall be granted to him, at the same price, and on the same terms and conditions for which the other public lands are sold at pri- vate sale." [The patent of this grant was signed by James Monroe. ]
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WOOD COUNTY, OHIO.
offered at public sale by the Government. Squat- ters or settlers had located upon the lands bor- dering on the river, previous to the year 1812, and were driven away by the Indians, who were hostile to the Americans during the war. Many returned after hostilities had ceased, to find their homes destroyed and themselves destitute. The plat of the public surveys shows the private claims of those settlers, all of which are on the north side of the Maumee river, except that of Ainos Spafford. These claims embrace several thousand acres; among them are the claims of Whitmore Knaggs, William Brown, John Askin and others, nearly opposite Perrysburg. All of these private claims were taken under Acts of Congress, regulating the grants of land in the Territory of Michigan.
The Act of Congress of April 27, 1816, pro- viding for the laying out of a town, and for a further survey and sale of the lands in the reserve. placed all of these lands in the land district of Wooster.
In a recent history of Lucas county, prepared by Clark Waggoner and others, it is written:
To add to the serious trials to which these settlers were subjected, the title to the lands occupied by them was brought in question. These had been purchased as parts of the twelve-miles-square-reserve, which, by mistake, had been a second time ceded at the Treaty of Brownstown, sub- sequent to the purchase by the settlers. They had no more than become settled after their return. at the close of the war, than Congress ordered the sale of the tract. In a letter to President Madison on the subject, Amos Spafford appealed m behalf of these sufferers, and asked that the time and location of the sale might be so fixed that they could have opportunity for securing the lands held by them, saving : " Should the time not be known, or the place of sale so remote that myself and others could not attend, all would be lost. First, burned by the enemy; second, destroyed by our own army; and, third, sold out by act of the Government, to " hom, we don't know. This would be the last sacrifice that we could possibly make." The sale was finally held at Fort Meigs, the settlers obtaining titles to their lands without competition.
When the Act authorizing the sale of the lands in the twelve-miles-square reserve, to be held at Wooster, became known, a large num- ber of the settlers at that time had not yet received patents, and their rights as settlers had not yet been confirmed by the commissioners for the Detroit land district. It was no doubt in behalf of these claimants that Mr. Spafford inter- ceded in his letter to President Madison. They were now in a new land district, and no provision had been made for them in the Act directing the ale at Wooster, except those to whom patents had been granted. The operations under this Art were entirely different from the provisions made in the Acts regarding the public lands in the Territory of Michigan, under which the settlers had located their claims, and it is readily seen
how their status, as settlers, was affected by the change. After corresponding with the general land office with reference to this matter, the writer is led to believe that instead of a sale of lands at Fort Meigs, as related by Mr. Waggoner. commissioners were sent there to investigate the rights and claims of these settlers, and to confirm the rights of such as were legally entitled thereto. Patents had been issued to a few of the settlers prior to the passage of this Act, the oldest in date being that to John Askin, for four hundred acres, dated April 20, 1811. Another to Whitmore Knaggs, for six hundred acres, dated July 3. 1812, during the administration of President Madison. These patents contain recitals that the claims were confirmed by virtue of .. An Act to regulate the grants of land in the Territory of Michigan," and, as noted above, all were on the north side of the Maumee.
Town of Perrysburg .- On April 27. 1816. it was enacted by Congress, that so much of the tract of land, of twelve miles square, at the Brit- ish fort, of the Miami of the Lake, at the Foot of the Rapids, ceded by the Wyandots and other Indian tribes, to the United States, by the Treaty of Greenville. August 3, 1795, shall, under the direction of the surveyor-general, be laid off into town lots, streets and avenues, and into out-lots, in such manner and of such dimensions, as he may think proper. The tract so to be laid off shall not exceed the quantity of land contained in two entire sections, nor the town lots, one- quarter of an acre each. When the survey shall be completed, a plat thereof shall be returned to the surveyor-general, on which the town lots and out lots shall respectively be designated, by progressive numbers, who shall cause two copies to be made, one to be transmitted with a copy of the field notes, to the commissioner of the general land office, and the other, to the register of the land office at Wooster.
As before stated. the tract of twelve miles square had been surveyed in the year 1sos, and the Act of Congress authorizing a town to be laid out, also directed the surveyor-general to re- survey and mark the exterior lines of said tract conformably to the survey made in December. 1805, and also to cause divisional lines to be run through each section and fractional section, brid- ing on the river, so that each sub-division may contain, as nearly as may be, too actes. Pro- vided, that in running the sub-divisional lines no interference shall be made affecting of unpairing the rights of persons to whom patents have been granted for land lying within the limits of the said twelve miles square. These tracts, lying on
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WOOD COUNTY, OIIIO.
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the Maumee river, were designated, in the surveys, as River tracts; those lying on the south side of the river, now in Wood county, being numbered consecutively, from 44 to 86 inclusive. It was further enacted, that all of the land within the twelve-miles-square reserve, except Section 16, reserved for school purposes, together with the in-lots and out-lots, in Perrysburg, should be offered for sale to the highest bidder, at Wooster, the sale to remain open for seven days and no longer. The quarter-sections and fractional quarter-sec- tions not to be sold for less than two dollars per acre; the in-lots for not less than twenty dollars each, and the out-lots for not less than five dollars an acre; all of such lands and lots re- maining unsold at the public sales, to be disposed of at private sale, by the register of the land of- fice, at Wooster, under the regulations provided by law-patents to issue in the same manner as for other lands of the United States.
Afterward, it appears that difficulties began to arise about the boundaries of lots and streets, as originally surveyed, until finally an Act was passed by the Legislature of Ohio, on March 7, 1835, by which the town council is authorized to cause to be made a new and entire survey of the streets and alleys, which, when recorded in the records of Wood county, shall be held and deemed in all courts, to be a correct survey of said streets and alleys, and to exhibit the true situation of the same. This survey was accom- plished by Hiram Davis, a plat of which is to be found in the public records. Subsequent legislation affecting the town will be noticed here- after.
The public sale of the lands directed to be held at Wooster, under the preceding Act, took place, in July, 1817, and was upon the credit system, forty days being allowed for the first payment of 25 per cent, the balance to be paid in three equal annual instalments. Land com- panies were formed among the capitalists in the east, who purchased tracts at the sale, the prices ranging from $2. 13 to $75 per acre. Many of the tracts purchased reverted to the United States, on account of failure to pay the deferred instalments and interest. The credit system had always been a source of difficulty to the government, on account of default in the payments; the revenue arising from the sales of land was much less than was anticipated, besides the government was in competition with several of the States, which were disposing of western lands-Connecticut selling her Western Reserve lands in northeastern Ohio, at forty cents per acre-Virginia selling lands in Kentucky-North Carolina in Tennessee
Pennsylvania, Georgia, and Massachusetts sell- ing lands at reduced prices, which tended to check emigration to the Northwest Territory. As a remedy, the credit system was abolished. under the Act of April 20, 1820, and the price of land fixed at $1.25 per acre, payable in cash, at the time of sale.
The Act of Congress, of February 22, 1817, provided that " from and after September 1, 1817. the sections designated by Nos. 2. 5, 20, 23, 30 and 33, in each and every township, of the pub- lic lands, the sale of which is now, or hereafter may be, authorized, shall be offered for sale. either in quarter sections, or half-quarter sections. at the option of the purchaser; and, in every case, the division of quarter-sections shall be made by a line running due north and south." Land dis- tricts were formed under the Act of March 3. 1819. One of said districts comprised all the land lying between the west line of the State and the line now forming the west line of Wood county; the district extending north, to the northern boundary of the State, and south to the Indian boundary line established by the Treaty of Greenville, and for the sale of which a land office was established at Piqua. The public lands lying between the line now established as the west line of Wood county, and the west line of the Connecticut Reserve, having the same boundaries north and south as the district before mentioned, formed another land district, and, for the sale of which lands, an office was established at Delaware. The Act authorized the President to appoint a register and receiver, at each land office, and also provided for the sales of the lands (except Section 16, in each township, reserved for the support of schools) to the highest bidder. at the land offices, where the public sales were to be kept open for three weeks and no longer: said lands to be sold for not less than two dol- lars an acre. The President was authorized to remove the land offices established by this Act. whenever he considered it expedient, to such place within the district as he judged most proper. By virtue of the authority this conferred, land offices were established from time to time. at Wapakoneta, Lima, Upper Sandusky, Defiance. Bucyrus and Tiffin.
Under the Act of April 24, 1820, nearly all of the lands belonging to the United States. within the present limits of Wood county, were entered. The first section of the Act provides. "that from and after the first day of July, next. all of the public lands of the United States, the sale of which is, or may be authorized, by law. shall be offered for sale to the highest bidder, in
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half-quarter sections; and when offered at private sale may be purchased at the option of the pur- chaser, in entire sections, half sections, quarter sections or half-quarter sections; none of said land to be sold, .either at public or private sale, for less than $1.25 per acre; none of said land to be sold on credit, but complete payment to be made on the day of purchase." Next fol- lows the Act of May 15, 1820, viz .: "That there be granted to the State of Ohio, at the minimum price for which the public lands are sold, the ' right of pre-emption, to one quarter section, in, or near, the center 'of each county, included in the purchase recently made of the Indians, by the treaty concluded at St. Mary's, September 20, 1818, for the establishment of a seat of jus- tice, in the said counties; provided, the purchase be made before the commencement of the public sales; and provided, also, that the proceeds of the sale of each quarter section, which may be made, under the authority of Ohio, shall be ap- propriated for the purpose of erecting public buildings, in said counties, respectively, after de- ducting therefrom the sums originally paid by the State aforesaid; and provided, further, that the seat of justice for said counties, respectively, shall be fixed on the lands so selected." This Act was afterward repealed, as to that feature of it, requiring seats of justice to be established at, or near, the center of said counties.
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