History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley, Part 151

Author: Caldwell, J. A. (John Alexander) 1n; Newton, J. H., ed; Ohio Genealogical Society. 1n
Publication date: 1880
Publisher: Wheeling, W. Va. : Historical Pub. Co.
Number of Pages: 728


USA > Ohio > Jefferson County > History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley > Part 151
USA > Ohio > Belmont County > History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley > Part 151


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).


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1866-J. T. Brooks.a


1868-J. T. Brooks.a


1870-Jared Dunbar.a


1872-Jonathan T. Updegraff.a


1874-J. K. Rukenbrod.a


1876-J. K. Rukenbrod.


1878-Rees G. Richards.


1880-Rees G. Richards.


REPRESENTATIVES.


The following is a list of the representatives to the General Assembly of Ohio, since the organization of the State. The first General Assembly convened March 3, 1803, and the second on the first Monday in December following :


1803-Rudolph Bear, Z. A. Beatty, Thomas Elliott, Isaac Meeks, Richard Beeson, Samuel Dunlap, Joseph McKee and Jobn Sloan.


1804-Thomas McClure, John Sloan and John MeLaughlin.


1805-John Sloan, John Mclaughlin and Thomas Elliott.


1806-Samuel Boyd, Thomas Elliott and John Mclaughlin.


1807-Benjamin Hough, Thomas Elliott and Thos. McCune. 1808-James Pritchard, Thomas McCune, Samuel Dunlap and Stephen Ford,


1809 -- James Pritchard, Samuel Dunlap, Stephen Ford and George Humphrey.


1810-Samuel Dunlap, Stephen Ford, Andrew McNeely and James Pritchard.


1811-George Day, Thomas McCune and James Ford.


1812- James Ford, George Day and George Humphrey.


1813-Samuel Dunlap, Stephen Ford and John Patterson .*


1814-Jesse Martin, Stephen Ford and Andrew McNeely. 1815-Stephen Ford, Robert Patterson and Andrew McNeely .*


1816-James Wilson, Thomas Elliott and James Moore.


1817-Thomas Elliott, Stephen Ford and Jesse Martin.


1818-Stephen Ford, Thomas George and John Barrett.


1819-John Barrett and Robert Gilmore.


1820-John Barrett and James Wilson.


1821-James Wilson and Samuel McNary.


1822-Samuel NcNary and Jeremiah H. Hallock.


1823-John M. Goodenow and William Lowry.


1824-William Lowry and William Hamilton.


1825-William Hamilton and Humphry H. Leavitt.


1826-John Mclaughlin and James Ross Wells.


1827-Samuel MeNary and James Mitchell.


1828-Samuel McNary and James Mitchell.


1829-William C. McCauslin.


1830-William C. McCauslin and John Humphrey. 1831-John Leetch.


1832 -- John Leetch and William C. McCauslin.


1833-William C. McCauslin.


1834-John Mclaughlin and Mordecai Moore.


1835-John Mclaughlin, Mordecai Moore and Robert Patter- son. 1836-Robert Patterson.


1837-Samuel McNary.


1838-Samuel McNary.


1839-George Mitchell.


a Jefferson and Columbiana.


b Jefferson and Harrison.


c Jefferson and Carroll.


*Representatives from Jefferson and Harrison.


.


435


HISTORY OF BELMONT AND JEFFERSON COUNTIES.


1840-Roswell Marsh and John Shober .* 1841-Mathew Atkinson and Joseph Kitheart .* 1842-Nathaniel Dyde and Isaac Atkinson .* 1843-Smiley H. Johnson, Leonard Harsh and Isaac Shane. 1844-Ezekial Harris. 1845-James G. Allen. 1846-Findley B. McGrew. 1847-James McKinney. 1848-Andrew Scott. 1849-James Russell. 1850-David Johnson. 1852-Thomas Means./- 1854-Amos Jones. 1856-Daniel MeCurdy and Cyrns Mendenhall. 1858-James G. Allen, W. W. Worthington. 1860-James S. Scott. 1862-Joseph Means. 1864-Smith Lyon. 1866-Samuel C. Kerr. 1868-Samnel C, Kerr.


1870-Samuel H. Ford. 1872-Samuel H. Ford.


1874-Reese G. Richards. 1876-Resse G. Richards. 1878-Thomas B. Scott.


1880-Thomas. B. Scott.


COUNTY OFFICIALS.


SHERIFFS.


From 1797 to 1804-Franeis Douglas, appointed. From 1804 to 1806-John MeKnight, elected. From 1806 to 1808-John Gillis. From 1808 to 1812-Wm. Phillips. From 1812 to 1815-Robert Carrel.


From 1815 to 1821-Thomas Orr. From 1821 to 1824-Robert Carrel. From 1824 to 1828-Henry Swearingen. From 1828 to 1830-Robert Thompson. From 1830 to 1832-Henry Swearingen. From 1832 to 1836-Thomas Carrel. From 1836 to 1839-Isaac McDonald. From 1839 to 1843-Samuel D. Hunter. From 1843 to 1847-James M. Thomas.


From 1847 to 1855-Moses Dillon. From 1855 to 1859-James H. Blynn. From 1859 to 1863-John Moore. From 1863 to 1865-George McCullongh. From 1865 to 1869-Ambrose W. Moore. From 1869 to 1873-Thomas Montgomery. From 1873 to 1877-Samuel Johnston. From 1877 to 1881-Alex. Smith.


AUDITORS.


From 1820 to 1822-John Milligan. From 1822 to 1824-James Patterson. From 1824 to 1835-James Dillon. From 1835 to 1842-Adam J. Lesliet. From 1842 to 1844-Alexander Conn. From 1844 to 1846 -- Samnel Dundass. From 1846 to 1850-C. A. Kirby. From 1850 to 1853-James Melvin. From 1853 to 1854-William Duling.|| From 1854 to 1858-J. S. Lowe. From 1858 to 1860-W. F. McMasters. From 1860 to 1872-Wm. F. Simeral. From 1872 to 1875-Robert K. Hill. From 1875 to 1880-John Moore.


TREASURERS. From 1797 to 1802-John Moody, appointed. From 1802 to 1823-Samuel Hunter, appointed.


"Representatives from Jefferson and Carroll. ¡First member under the new Constitution.


#On the 19th of April, 1842, the commissioners appointed James Savage to fill the vacancy occasioned by the death of Adam J. Leslie. "In July, 1854, J. S. Lowe was appointed to fill out the unexpired term of William Duling who died. He was subsequently elected. I-55-B. & J. Cos.


From 1823 to 1831-Alex. J. McDowell. elected.


From 1831 to 1833-James Turnbull.


From 1833 to 1839-William Kilgore.


From 1839 to 1841-David Cable.


From 1841 to 1849-J. G. Morris.


From 1849 to 1851-Johnston Mooney. From 1851 to 1855-Alex. Skelly. From 1855 to 1859-John MeAdams.


From 1859 to 1863-David Myers. From 1863 to 1867-John H. Bristor.


From 1867 to 1871-John C. Brown.


From 1871 to 1875-William A. Elliott.


From 1875 to 1879-J. C. Brown.


From 1879 to 1881-Samuel B. Campbell.


CLERKS OF THE COURT.


From 1797 to 1800-Bazaleel Wells, appointed.


From 1800 to 1810-John Ward.


From 1810 to 1817-Thomas Patton.


From 1817 to 1830-John Patterson.


From 1830 to 1832-H. H. Leavitt.


From 1832 to 1839-James R. Wells. From 1839 to 1846- John S. Patterson.


From 1846 to 1849-James Johnston.


From 1849 to 1851-Joseph M. Mason.


From 1851 to 1857-George Webster, elected.


From 1857 to 1866-James Elliott.


From 1866 to 1881-Thomas B. Coulter.


PROSECUTING ATTORNEYS.


From 1797 to 1803-Solomon Sibley.


From 1803 to 1808-Silas Paul.


From 1808 to 1811-Jesse Edgington.


From 1811 to 1815-J. C. Wright.


From 1815 to 1817-J. H. Hallock.


From 1823 to 1828-Humphrey H. Leavitt. From 1828 to 1832-J. M. Goodenow.


From 1832 to 1839-James Collier.


From 1839 to 1843-John K. Sutherland.


From 1843 to 1847-Robert Orr.


From 1847 to 1849-R. S. Moody.


Fpom 1849 to 1853-George W. Mason.


From 1853 to 1857-John H. S. Trainer.


From 1857 to 1859-John Oliver.


From 1859 to 1861-James M. Shane. From 1861 to 1863-George W. Mason.


From 1863 to 1867-James F. Daton.


From 1867 to 1871-William A. Walden.


From 1871 to 1873-William P. Hays.


From 1873 to 1875-William A. Owesney.


From 1875 to 1877-Walter C. Ong.


From 1877 to 1879-John M. Cook.


From 1879 to 1881-John M. Cook.


RECORDERS.


From 1797 to 1801-Zenas Kimberly.


From 1801 to 1810-John Galbraith.


From 1810 to 1817-Bobert Boyd.


From 1817 to 1852 -- Alexander Sutherland.


From 1852 to 1858-George Beatty.


From 1858 to 1864 -Alex. Ewing.


From 1864 to 1873-Joseph M. Hunter.


From 1876 to 1877 -Henry K. Reynolds .*


From 1877 to 1880-Jacob Hull.


COMMISSIONERS.


The first election for county commissioners took place on the 2d day of April, 1804 : 1804-Zachens Biggs, Benjamin Hongh and Andrew Ander- son. 1805-Andrew Anderson, John Jackson and Benjamin Mc- Cleary. 1807-Andrew Anderson, John Jackson and Martin Andrews. 1809-Andrew Anderson, John Jackson and Thomas Latta. 1810-John Jackson, Thomas Latta and Moses Ross.


1811-Thomas Latta, Moses Ross and William Edie.


Henry K. Reynolds died before taking charge of the office, and Mr. Hull was appointed by the Commissioners to fill the office until the next election in 1877, when he was chosen by the people for recorder.


436


HISTORY OF BELMONT AND JEFFERSON COUNTIES.


1812-Moses Ross, William Edie and Arthur Latimer. 1813-Moses Ross, Arthur Latimer and John Jackson. 1815-Arthur Latimer, John Jackson and Samuel McNary. 1820-John Jackson, Samel McNary and George Day. 1822-John Jackson, George Day and Isaac Jenkinson. 1824-John Jackson, George Day and John Andrews. 1827-John Jackson, George Day and Samuel Hunter. 1829-Samuel Hunter, John Winters and John Barrett. 1830-John Winters, Samuel McNary and John Andrews. 1832-John Andrews, Samuel McNary and William Smith. 1833-Samuel McNary, William Smith and John Barrett. 1835-Samuel McNary, John Barrett and William Cassell. 1837-William Cassel, George Culp and James Mitchell. 1840-William Cassel, George Culp and Nathaniel Myer. 1841-George Culp, Nathaniel Myer and Joseph B. McGrew, 1842 -- Nathaniel Myer, Joseph B. McGrew and Mordecai Moore.


1843-J. B. McGrew, William Cassel and Mordecai Moore. 1844 -- William Cassel, Mordecai Moore and Jacob Leas. 1842-William Cassel, Jacob Leas and Joseph B. McGrew. 1847-Jacob Leas, Joseph B. McGrew and Joseph Shane. 1848-J. B. McGrew, Joseph Shane and A. P. Cuppy. 1849-Joseph Shane, A. P. Cuppy and J. Du Bois. 1850-A. P. Cuppy, John Du Bois and Joseph McCoy. 1851-John Du Bois, Joseph McCoy and William Allmon. 1852-Joseph McCoy, William Allmon and A. P. Cuppy. 1854-Joseph McCoy, William Allmon and John A. De Huff. 1855-William Allmon, John A. De Huff and J. B. McGrew. 1856-John A. De Huff, Joseph B. McGrew and Alexander Conn.


1857-Alexander Conn, J. A. De Huff and William Kerr. 1858-Alexander Conn, William Kerr and Ira Dalrimple.


1859-William Kerr, Ira Dalrimple and Richard F. White: 1861-William Kerr, R. F. White and Charles Mathers. 1862-William Kerr, Charles Mathers and Josiah B. Salmon. 1865-William Kerr, Charles Mathers and James Reed. 1866-Charles Mathers, James Reed and A. J. Bayless. 1867-James Reed, A. J. Bayless and Joseph Shane. 1869-James Reed, Joseph Shane and Josiah B. Salmon. 1870-James Reed, John Anderson and Benjamin Linton, 1871-James Reed, John Anderson and John Floyd. 1872-John Anderson, John Floyd and John S. Patterson. 1873-John Floyd, John S. Patterson and William Stark. 1874-John S. Patterson, William Stark and Mordecai Moore. 1875-William Stark, Mordecai Moore and Joseph Beatty. 1877-Joseph Beatty, William Stark and George Starr.


1879-Joseph Beatty, George Starr and James Ball.


PROBATE JUDGES.


From 1851 to 1858-John K. Sutherland.


From 1858 to 1863-William R. Lloyd.


From 1863 to 1865-William A. Doyle.


From 1865 to 1866-George M. Elliott.


From 1866 to 1878-Robert M. Martin.


From 1878 to 1881-Joseph W. Jordan.


CORONERS.


From 1797 to 1807-John McKnight.


From 1807 to 1809-Isaac Jenkinson.


From 1809 to 1816-David Larimer.


From 1816 to 1824-Edward Todd.


From 1824 to 1830-James Campbell. From 1830 to 1832-Charles Porter. From 1832 to 1836-David Cable. From 1836 to 1839-Samuel Filson.


From 1839 to 1841-James Myers.


From 1841 to 1843-Samuel Hunter.


From 1843 to 1845-Johnston Mooney.


From 1845 to 1847-Samuel L. Potts. From 1847 to 1851-Alexander Repine. From 1851 to 1855-Robert McIntire.


From 1855 to 1857 -. Robert Boales.


From 1857 to 1861-John Oliver, Sr. From 1861 to 1863-Robert McIntire. From 1863 to 1879-Samuel Stephens.


.COMMISSIONERS' CLERKS.


From 1804 to 1810-John Ward. From 1810 to 1817-William Lowry. From 1817 to 1818-Thomas Patton. From 1818 to 1820-James Dillon.


In 1820 the office of county auditor was established and the functions of this office were transferred into the hands of the county auditor


INFIRMARY DIRECTORS


From 1824 to 1837-DR. John McDowell, Sr., Benjamin W. Todd., John Permar, Henry Swearenger. Alexander Sutherland, James Wilson and Henry Crew, (appointed.)


From 1827 to 1831-John Permar, James Wilson and Alex- ander J. McDowell.


From 1831 to 1838-Andrew McMechan, James Turnbull and "William Roberts, (appointed.)


From 1838 to 1840-Alexander Conn, William Leslie and John Winters.


From 1840 to 1843-Alexander Conn, William Leslie and William Cunningham.


From 1843 to 1846-William Roberts, Isaac Winters and William Leslic.


From 1846 to 1848-William Robert, William Leslie and Samuel Potts.


From 1848 to 1850-Robert McCoy, William Leslie and Isaac Winters.


1850-William Leslie and John Hartford.


1851-John Armstrong.


1852-John Hartford.


1853-John Linduff.


1854-Eli H. McFeely.


1855-John Hartford.


I856-William Cunningham.


1857-William Abraham.


1858-George Mccullough.


1859-John H. Lindsay.


1860-William Abraham.


1861-George Mccullough.


1862-John H. Lindsay.


1863-Thomas Maxwell.


1864-Jacob Dance.


1865-John H. Lindsay.


1866-John Hanna.


1867-Jacob Dance.


1869-Alexander J. Carrol, for two years, and John Hanna for three years. 1870-Jacob Dance.


1871-John H. Lindsay.


1872-Thomas Nixon.


1873-Robert Stark.


1874-John H. Lindsay.


1875-Robert McCox.


1876-Robert Stark.


1877-John H. Lindsay.


1878-Robert McCoy.


1879-Thomas Nixon.


COUNTY SURVEYORS.


The law creating the office of County Surveyor was made April 15, 1803. Appointments to this office were authorized by the Common Pleas Courts of each county. The office remained an appointive one until 1831, when a law was passed making it elective. The following is a list of the surveyors of Jefferson county from that date down :


From 1803 to 1816-Isaac Jenkins, appointed.


From 1816 to 1819-William Lowry.


From 1819 to 1823 -- Isaac Jenkins.


From 1827 to 1833-James Dillon, elected. From 1823 to 1827 -- William Lowry.


From 1833 to 1836-William Lowry.


From 1836 to 1839-James Dillon.


From 1839 to 1842-Thomas West, appointed.


From 1842 to 1851-James M. Rickey.


From 1851 to 1852-Anthony Middlemarch.


From 1852 to 1855-Joseph M. Rickey.


From 1855 to 1858-W. F. Simeral. From 1858 to 1861-William Marshall.


From 1861 to 1864-Joseph M. Rickey-appointed.


From 1864 to 1870 -- James McCorkhill.


From 1870 to 1871-William A. Ellliott .*


From 1871 to 1876-John Moore.


From 1876 to 1879-Henry Lewis.


*Resigned.


437


HISTORY OF BELMONT AND JEFFERSON COUNTIES.


OFFICIAL VOTE CAST FOR GOVERNOR IN JEFFERSON COUNTY.


The following is the official vote cast for the several candi- dates for Governor by Jefferson county. Edward Tiffin was the first Governor of Ohio, and was elected in 1803. His vote in Jefferson in 1806, is the earliest that can now be found :


1806.


Edward Tiffin 822


1807.


Return J. Meigs 457


Nathaniel Massie. 430


1808.


Samuel Huntington. 242


Thomas Worthington 931


Thomas Kirker 000


1810.


Return J. Meigs 858


Thomas Worthington


131


1812.


Return J. Meigs. 1,048


Thomas Scott


421


1814.


Thomas Worthington


1,532


Othniel Looker


6


1816.


Thomas Worthington 1,314


James Dunlap .. 2


Ethan A. Brown


51


1818.


Ethan A. Brown .. 1,462


James Dunlap


2


1820.


Ethan A. Brown 1,763


Jeremiah Morrow .. 44


William H. Harrison 30


1822.


Jeremiah Morrow 251


Allen Trimble 1,339


W. W. Irwin 54


1824.


Jeremiah Morrow 1,301


Allen 'Trimble


1,540


1826.


Allen Trimble. 1,696


John Bigger 19


Alexander Campbell. 84


Benjamin Tappan. 896


1828.


Allen Trimble


1,521


John W. Campbell.


1,848


1830.


Duncan McArthur (Nat. Repub.). 1,362


Robert Lucas (Democrat) .....


1,660


1832.


Robert Lucas, (vote unknown). Darius Lyman (Whig and Anti-Mason.)


1834.


Robert Lucas, (D.).


2,024


James Findlay, (W.).


1,640


1836.


Joseph Vance, (W.) vote unknown.


Eli Baldwin (D.) vote unknown ..


1838


Wilson Shannon, (D.).


2,372


Joseph Vance, (W.).


1,865


1840.


Thomas Corwin, (W.)


2,359


Wilson Shannon, (D.). 2,326


1842.


Wilson Shannon, (D.).


2,234


Thomas Corwin, (W.)


2,162


1844.


Mordecai Bartley, (W.). 2,388


David Tod, (D.) .. 2,413


Leicester King, (Abol.) 115


1846.


William Bebb, (W.).


1,970


David Tod, (D.) ..


1,850


Samuel Lewis, (A.)


117


1848.


John B. Weller, (D.). 2,358


Seabury Ford, (W.). 2,374


1850.


Reuben Wood, (D.). 1,944


William Johnston, (W.) 1,931


Edward Smith (A.) 40


1851.


Reuben Wood, (D.). 2,328


Samuel F. Vinton, (W.) 2,042


Samuel Lewis, (A.)


144


1853.


William Medill, (D.). 2,124


Nelson Barrere, (W.). 1,436


Samuel Lewis, (A.) .. 633


1855.


William Medill, (D.) 1,523


Allen Trimble, (Know Nothing)


131


Salmon P. Chase, ( Rep.) 2,156 .


1857.


Salmon P. Chase, (R.) 2,123


Henry B. Payne, (D.). 1,934


Phil. Van Trump, (A). 5


1859.


William Dennison, (R.).


2,294


Rufus P. Ranney, (D.).


1,822


1861.


David Tod, (R.) .. 2,554


Hugh J. Jewett, (D.). 1,162


1863.


John Brough, (R.) ..


3,775


Clement L. Vallandigham, (I).).


1,447


438


HISTORY OF BELMONT AND JEFFERSON COUNTIES.


1865.


Jacob D. Cox, (R.) ..... 2,843


George W. Morgan (D.) 1,589


1867.


Rutherford B. Hayes, (R.). 2,969


Allen G. Thurman, (D.). 2,202


1869.


Rutherford B. Hayes, (R.) 2,921


George H. Pendleton, (D.). 2,115


1871.


Edward F. Noyes, (R.). 3,075


George W. McCook, (D.) 2,111


1873.


Edward F. Noyes, (R.). 3,013


William Allen, (D.). 1,924


1875.


William Allen, (D). 2,826


Rutherford B. Hayes, (R.) 3,721


1877.


William H. West, (R.) .. 2,178


Richard M. Bishop, (D.). 2,484


1879.


Charles Foster, (R.) .. 3.988


Thomas Ewing, (D.). 2,915


THE BAR OF JEFFERSON COUNTY.


ESTABLISHMENT OF THE FIRST JUDICIAL COURT-SKETCHES OF EARLY AND BY-GONE DISPENSERS OF JUSTICE WITH INTERESTING RECOLLEC- TIONS OF TIME-HONORED LOCAL ADVOCATES AND MEN OF NATIONAL RENOWN.


The history of the Jefferson county bar naturally begins with the history of the county itself, and includes a list of names which have come down to us as belonging to men of marked character and intellect, and who have reflected credit upon them- selyes and the community which claimed them as residents, both at home and abroad, in the contracted area of local struggles, and in the more extended one of state or national affairs, in the tented field and battle's strife as well as in forensic ability, and in the domain and jurisdiction of the courts, as the biographies of present members of the bar are ful- ly treated of elsewhere. The object of this sketch is to give an account of those who have passed away, bringing out the prominent figures of the past, and only refer- ring to those now existing, so far as may be necessary to pre- serve the thread of the story and make it intelligible. The first court for the county of Jefferson in the territory of the United States, northwest of the Ohio river, was held at Steubenville in pursuance of a proclamation by Winthrop Sargent acting Gov - ernor of the territory, and met in the month of November, in the year 1797. Philip Cable, John Moody and George Hum- phries acted as judges, and on the first day of the term, John Rolfe, James Wallace and Solomon Sibley were admitted to the bar. David Vance appears as an associate judge or justice in the following year, and Thomas Fawcett at the August term in 1799, Wm. Wells in 1800, Jacob Martin and John Milligan in 1801, and this was the form of the court until Ohio was admit- ted to the Union in 1802.


Pursuant to one of the first acts of the Legislature of the new- ly organized state, James Pritchard, Philip Cable and Jacob Martin, Associate Judges of the Court of Common Pleas in and for the county of Jefferson, met at the court house in Steuben- ville, and proceeded to lay off the county into the different town- ships, more fully described elsewhere.


By the constitution of 1802, a more complete organization of of the judiciary was had by the establishment in each county of a Court of Common Pleas, consisting of a presiding judge, and not more than three nor less than two associate judges. All these were appointed by the General Assembly for the term of seven years. The state was divided by law into three circuits,


and a judge who was to preside in the several counties of his dis- trict, appointed for each circuit, Jefferson county being in the third. The other counties composing this circuit were Wash- ington, Belmont, Columbiana and Trumbull (Chase's Statutes, Vol. 1, page 356.) At the same session of the Legislature, Cal- vin Pease, of Trumbull county, only twenty-seven years of age, and still more youthful in appearance, was elected Presiding Judge of the third circuit, and with Philip Cable and Jacob Mar- tin as associates, held the first regular court at Steubenville un- der the state constitution and the act passed in pursuance thereof, beginning on August 2, 1803. During his term of ser- vice on the bench many interesting questions were presented for decision, one of them especially far reaching in its results, and which developed into a contest involving not merely the construction of a law, but the independence of the judiciary of the state. This was the constitutionality of a portion of the act ot 1805, defining the duties of justices of the peace. Judge Pease decided that so much of the fitth section as gave justices of the peace jurisdiction in cases where the party claimed more than $20 and not exceeding $50, and so much of the 29th section as prevented plaintiffs from recovering costs in actions commenced in the first instance in the courts of common pleas for claims between $20 and $50, were repugnant to the Constitution of the United States and of the State of Ohio, and therefore null and void. The clamor and abuse consequent upon this decision was not in the least mitigated or diminished by the circumstance that it was concurred in by two of the three judges of the Su- preme Court, viz : Messrs. Huntingdon and Tod. At the ses- sion of the Legislature of 1807-8, steps were taken to impeach Judge Pease, and the judges of the Supreme Court who con- curred with him, but the resolutions introduced into the House were not acted upon during the session. But the scheme was not abandoned. At an early day of the next session, and with almost indecent haste, a committee was appointed to inquire into the conduct of the offending judges, and with leave to ex- hibit articles of impeachment or report otherwise, as the facts might justify. The committee, without delay, reported articles of impeachment against Messrs. Pease and Tod, but not against Huntingdon, who in the meantime had been elected governor of the state. The articles of impeachment were preferred by the House of Representatives on the 23d of December, 1808, and Judge Pease was summoned at once to appear before the Senate as a high court of impeachment, and he promptly obeyed the summons. The managers of the prosecution on the part of the House were Thomas Morris, afterward senator in Congress from Ohio, Joseph Sharp, James Pritchard, Samuel Marrett and Othniel Tooker. Several days were consumed in the investi- gation, but the trial resulted in the acquittal of the respondent.


In the case of George Tod, Judge of the Supreme Court, the folowing proceedings were had: He was impeached for con- curring in decisions made by Judge Pease, in the counties of Trumbull and Jefferson, that certain provisions, of the act of the Legislature passed in 1805, defining the duties of Justices of the Peace, were in conflict with the Constitution of the United States, and of the state of Ohio, and therefore void. These decis- ions of the Court of Common Pleas, and of the Supreme Court, it was insisted, were not only an assault upon the wisdom and dignity, but also upon the supremacy of the Legislature, which passed the act in question. This could not be endured, and the popular fury against the Judges, rose to a very high pitch, and the Senator from the county of Trumbull at that time, (Calvin Cone, Esq.,) took no pains to soothe the offended dignity of the members of that body or their sympathizing constituents, but pressed a contrary line of conduct. The Judges must be brought to justice, he insisted vehemently, and be punished so others might be terrified by the example and deterred from commit- ting similar offences in the future. Mr Tod was first tried and acquitted. The managers of the impeachment as well as the result were the same in both cases, and thus the independence of the Judiciary was settled at that early day.


Judge Pease rctained his office until the close of the December term, 1809, when he tendered his resignation to the Govenor, and it was accepted. He afterwards became one of the Supreme Judges of the state.


The first Prosecuting Attorney under the Constitution of 1802 was SILAS PAUL, a quaint individual, with staff in hand and hair dressed in the cue, who resided on Will's creek. He was admitted to bar at the February term, 1800, and at the August term, 1803, an order was made by the court that his salary be fixed at $80 per annum, he to receive the same quarterly. He continued the practice of law for many years


439


HISTORY OF BELMONT AND JEFFERSON COUNTIES.


after that, finally retiring to his home on the south side of Will's creek in Steubenville township, where he died in the year 1857, on August 15, at a ripe old age. Bazil and Harriet Paul, bis two children, still survive him, living in the same locality, while several grandchildren count themselves among his de- scendants.


ZENAS KIMBERLY, one of the pioneers of the bar, makes his first appearance on the records at the May term, 1800, and in 1805 entered the merchandising business in Warrenton, in this county.


OBADIAH JENNINGS was a resident of Belmont county, but was found doing business as a member of this bar at the February term, 1802. He afterwards became a minister in the Presby- terian church, and died in Kentucky whither he had moved.


CUNNINGHAM SAMPLE and John Simonson, admitted at the May term, 1798, are persons who should not be omitted, and a biography of Jesse Edgington, who was appointed Prosecuting Attorney to succeed Silas Paul on August 8, 1808, will long be remembered.


PRISON BOUNDS.


The prison bounds of the county were laid off on Angust 11, 1806, and began in the west boundary of what is now Bank alley, opposite the line between lots Nos. 228 and 229 of the original plat, or between the property of Mrs. J. G. Morris and Dr. John Pearce on the corner of Fourth and Washington streets and the adjoining lot, owned by William Robertson. From thenee the line ran eastwardly to the east boundary of Water street oppo- site the line between lots Nos. 32 and 33, now the property of James Robinson; thenee with the eastern boundary of Water street to a point opposite the line between lots Nos. 24 and 25, a short distance above the C. & P. R. R. passen- ger depot ; thenee to the river at low water mark and down the river to a point opposite the line between lots Nos. 16 and 17, a short distance above the Kenyon machine shop, thence west- ward with the direction of said line to the eastern boundary of Water street; thenee with the east boundary of the street south- wardly to a point opposite the line between lots Nos. 8 and 9, near the north end of the seminary grounds; thence westward to the western boundary of Bank alley opposite the line between lots Nos. 204 and 205, now belonging to Mrs. P. Permar, and Hugh Patterson ; thence with the alley line northward to the northeast corner of out lot No. 1, now the corner of Bank alley and Adams street; thenee westwardly to the northwest corner of said lot, between what are now Fifth and Sixth streets ; thence northwardly, crossing Adams street and running between out- lots Nos. 2, 6, 3 and 7, to the north boundary line of Washington street ; thence eastwardly to the southwest corner of outlot No. 4, corner of Washington street and Bank alley, and thence up the alley to the place of beginning. Within these bounds im- prisoned debtors were allowed to travel upon giving bond that they would not depart therefrom without leave of court.




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