USA > Ohio > Erie County > History of Erie County Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 5
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By virtue of an act of the Connecticut Legislature, passed in 1799, and re- vised in 1808, it was provided : "That the proprietors of said lands be a body corporate and politic, and they are hereby ordained, constituted and declared to be a body corporate and politic, for the purposes herein mentioned, in fact and in name, and shall be known and called by the name of 'The Proprietors of the Half Million Acres of Land lying south of Lake Erie,' and by that name they and their heirs and assigns may, and shall, have succession, and shall be persons known in law, capable of suing and being sued, of pleading and being impleaded."
In May, 1797, the same Legislature passed an additional and amendatory act, which also was revised in 1808, but containing no provisions of impor- tance bearing on these lands that needs a mention here.
To digress briefly from these events and look to the progress of Ohio to- ward a State formation, it may be stated that in 1798 the territory reached the second grade of territorial government, having been found to contain "five thousand free male inhabitants, of full age." Upon this fact being made to appear to the satisfaction of the governor, on the 29th of October, of that year, his proclamation, directing the holding of an election for territorial represent- atives, was issued, and, on the third Monday of December thereafter, officers were chosen " to constitute the popular branch of the Territorial Legislature for the ensuing two years."
The third session of the Territorial Legislature continued from the 24th of November, 1801, until the 23d day of January, 1802, when it adjourned to meet at Cincinnati on the fourth Monday of November following, "but that
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HISTORY OF ERIE COUNTY.
fourth session was never held, for reasons made obvious by subsequent events." By an act of Congress, passed April 30, 1802, entitled " An act to enable the people of the eastern division of the territory northwest of the river Ohio to form a constitution and State government, and for the admission of such State · into the Union on an equal footing with the original States, and for other pur- poses."
In pursuance of this enactment an election was held, and members of a constitutional convention chosen, the first meeting of which convention was held at Chillicothe, in November, 1802.
The Territorial government of Ohio was ended by the organization of the State government, March 3, 1803, pursuant to the provisions of the constitu- tion framed the year before. Therefore, when the Ohio Legislature passed an act (which she soon did), relative to the Sufferers' Lands, that was the first measure adopted by the State of Ohio bearing upon the subject under consid- eration.
The first official action by the Legislature of Ohio after her admission into the Union, that had any bearing upon the Firelands, was the passage of an act on the 15th of April, 1803, entitled, " An act to incorporate the owners and pro- prietors of (the) half million acres of land, lying south of Lake Erie, in the county of Trumbull."
Section I of the act provides, "That the owners and proprietors of said half million acres of land be, and they hereby are, ordained and constituted a body politic and corporate, in fact and in name, by the name of 'The Proprie- tors of the half million acres of land, lying south of Lake Erie, called Sufferers' Land,' and by that name they, their heirs and assigns, may and shall have succession, capable of suing and being sued, of pleading and being impleaded."
Section 2 provides for a board of directors, consisting of nine persons, one to represent each of the suffering towns of Connecticut, except the town of New London, which shall have two votes, besides other provisions.
Section 3, "That Jabez Fitch of Greenwich, Taylor Sherwood of Norwalk, Walter Bradley of Fairfield, Philip B. Bradley, of Ridgefield, James Clark of Danbury, Isaac Mills of New Haven and East Haven, Elias Perkins and Guy Richards of New London, and Star Chester of Groton, be and they are hereby constituted and appointed the first directors for said company, and may hold their first meeting, after passing of this act, at such time and place as any five or more of said directors shall appoint," etc.
Very soon after the conclusion of the treaty with the several Indian tribes, and even before the same had been confirmed and ratified by the United States, the proprietors of the Sufferers' Land took steps to have the same surveyed in- to townships, and for that purpose authorized Taylor Sherman, one of their body, to negotiate for and make the necessary arrangements. An agreement was made by Mr. Sherman, for and on behalf of the proprietors, with John
Lad
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EARLY LAND CLAIMANTS.
McLean and James Clark, both of Danbury, Conn., and they employed Almon Ruggles to superintend the work.
According to the terms of their agreement McLean and Clark were to re- ceive the sum of two dollars for each mile surveyed, and an additional fifty cents per mile should the work be found to be performed satisfactorily, and, unless the treaty be not confirmed, the survey was to be completed within one year. But, as frequently occurs where separate parties are interested, and one depends upon the other, the government surveyors failed to run the south line of the reserve in time, therefore an extension of one year was granted McLean and Clark, thus giving them until June 1, 1807.
By an agreement entered into, February, 1806, between the Connecticut Land Company and the Proprietors of the Sufferers' Lands, it was agreed that the half million acres should include the territory of Johnson's Island, but not the waters of the bay between that island and the main land.
The south or base line of the reserve was surveyed and marked by Seth Pease, he acting under orders from the secretary of the treasury. This, except fifty miles next west of the Pennsylvania State line, was performed in June, 1806. This being done the survey and subdivision of the Sufferers' Lands was resumed in the last named year, 1806, and completed in about one year there- after. In some manner in running the base line Mr. Pease made an error and this resulted in some temporary difficulty, which, however, was afterward ad- justed. The survey and subdivision of the half million acre tract was made by Almon Ruggles, he using and relying upon the lines and corners established by the government surveyor, but, through the error therein, this work was re- quired to be done a second time. In his centennial address Mr. Schuyler re- marks that the southeast corner of the Firelands was fixed on the Ludlow line, "twenty-eight chains and sixty-eight links west from the ninety-fourth mile post from the Pennsylvania line. The line ran from that point north four de- grees forty seconds west to the lake, to a point forty-three links east of a black oak tree marked ' J. Snow,' on the east side, and ' A. R.' on the west side, and standing near the bank of the lake and near the first perpendicular bluff of rocks, east of the Vermillion River. On computation of the survey, afterwards, it was found that the quantity of land so cut off was five hundred thousand and twenty-seven acres."
From east to west the breadth of the "Sufferers' Land" was found to be twenty- five miles, fifty-one chains and thirty-two links, and by the apportion- ment of the overplus, each township was five miles and two-fifteenths east and west measurement. The townships bordering on the bay and lake were, of course, fractional.
The survey of the Firelands being completed, the next move made by the proprietors was the partition and division thereof among those entitled to lands thereon according to their several interests, which was in this wise: The whole
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HISTORY OF ERIE COUNTY.
tract contained thirty townships, and there being four sections to each, made an aggregate of one hundred and twenty sections. Upon this basis the whole loss was divided into one hundred and twenty parts, each part representing one thousand three hundred and forty-four pounds and seven shillings; therefore, .each separate section represented that amount in value. For the one hundred and twenty sections that number of tickets were prepared, on each of which was written the names of the donees arranged in such manner that each ticket should represent a loss, as near as possible, of one thousand three hundred and fifty-four pounds and seven shillings. These tickets were grouped in fours, each group to represent a township, the value of which, it will be seen, aggre- gated five thousand three hundred and seven pounds, and eight shillings. These were then deposited in a box from which they were drawn by some per- son not interested in the proceeding; and in this manner the lands were appor- tioned, there being no possible chance for any person to select particular lands, and therefore no charge of favoritism was ever made, and each person was bound to accept lands in whatever locality fortune or luck placed him. In fact, there was but little choice in the lands except that possibly those bordering upon the lake, bay, or the larger streams of the tract were the most desirable.
The duties of the proprietors were now nearly ended. With the funds in their hands they caused to be constructed a road leading from the lake south, along the east side of the Huron River to a point "near the center of the north line of the township of Norwalk, and thence southward on a line as near the center of the other townships as the grounds will admit." This work was per- formed under the direction of William Eldridge, and cost eight hundred dollars or thereabouts.
Subsequently other thoroughfares were ordered to be laid and constructed: One near the line between ranges twenty and twenty-one, running north and south, one leading east and west, and a continuation of that marked out to be constructed through lands of the Connecticut Land Company, on the Reserve ; one running west on the south line of Norwalk township, and continuing west on other township lines as near as could be done; another running west on the south line of Fairfield township. The last two commenced at the north and south road and continued west to the county line, that is, the west line of the Sufferers' Lands. Other roads were also provided for before the final meet- ing of the board of directors of the proprietors, noticeable among which was one leading from Norwalk to Sandusky Bay, and another in the township of Dan- bury, on the peninsula, now in Ottawa county.
As shown by the report of the treasurer, Joseph Darling, the total receipts of the corporation up to October 10, 1809, was $47,775.77, and that the ex- penditures had been $44,206.66, leaving an unexpended balance in his hands $3,569.11. This balance was further reduced by appropriations for various purposes until exhausted.
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EARLY LAND CLAIMANTS.
The final meeting of the board was held at New Haven, Conn., on the 28th wf August 1811, there being present: Guy Richards and William Eldridge rep- re-enting New London ; Ebenezer Avery, jr., for Groton ; Ebenezer Lessup for Fairfield; Taylor Sherman for Norwalk; Philip B. Bradley for Ridgefield, and Epaphras W. Bull for Danbury. A petition was there prepared, addressed to the General Assembly of Ohio, making report of their proceedings, and asking that their acts be declared legal by the State, and their records kept and pre- served in Huron county. This county had been erected two years before.
The reader will bear in mind the fact that down to the time of the final re- port and dissolution of the body corporate known as " the proprietors of the half million acres of land lying south of Lake Erie, called Sufferers' Land," all the business and proceedings thereof were transacted in the State of Connecti- cut ; all records were kept in the towns in which the "Sufferers" respectively resided, and in books especially provided therefor ; all taxes were payable and receivable there. In fact all matters relating to these lands were performed in the same manner as if the Sufferers' Lands were a part and parcel of Connecti- cut, except that the records and proceedings were specially and separately kept.
Upon the petition of the directors mentioned above the Legislature of the State of Ohio, on the 20th day of February, 1812, passed an act of which the following is a copy :
"Whereas, it is represented to this General Assembly by the directors of the proprietors of the half million acres of land lying south of Lake Erie called ' Sufferers' Land,' incorporated by that name by an act of the General Assem- bly of this State, passed the 15th day of April, one thousand eight hundred and three, that by virtue of the authority vested in them by said act, the said proprietors have extinguished the Indian Claim of title to said lands, surveyed and located the same into townships and sections, made an exact partition thereof to and among the proprietors, and used the surplus monies which re- mained in the hands of their treasurer after the Indian title was extinguished, and partition of said lands was made, amounting to two thousand six hundred dollars, for laying out and improving the public roads in said tract, and have now fully done and completed all and singular the matters and things which the interest of said proprietors required, and agreeably to the provisions and requirements of said act of incorporation.
"And whereas, it is further represented by the said directors, that in trans- acting the business of said company, under the provisions of the act aforesaid, they have caused their clerk to make and keep a true entry and record of all the votes and doings of the directors, agreeably to the requirements of said act, and that said company have, in consequence thereof, two record books, one of which contains the votes and proceedings of the directors, and a record of the field minutes of the survey of said land ; and the other, a complete partition of the whole of said half million acres, both of which record books are certified to
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HISTORY OF ERIE COUNTY.
be the records of said company, by Isaac Mills, esq., their clerk, and deposited in the hands of the recorder of Huron county, where the directors of said com- pany pray they be and remain as a part of the records of said county-There- fore,
"Sec. I. That the record books, aforesaid, containing the votes and pro- · ceedings of the directors of said company, and records of the field minutes of said survey of said half million acres, and the records of partition thereof, be kept by the recorder of Huron county and his successors in office, and that said record books be and remain a part and parcel of the records of said county, and that any certified copies therefrom, which may hereafter be made by the recorder of said county, may be used and read as legal evidence in all courts of record or elsewhere; and it shall be the duty of the recorder of Huron county, to give a certified copy of any part of said records, to any person demanding the same, for which he shall be entitled to the same fees as are provided for by law for copies of other records.
"Sec. 2. That the expenditure of said sum of two thousand six hundred dollars surplus money, in laying out and improving the public roads on said lands, as before mentioned, be, and the same is hereby ratified and confirmed.
"This act to take effect from and after the passage thereof."
CHAPTER VIII.
Organization of Counties on the Reserve - Botetourt - Trumbull - Geauga - Cuyahoga. - Huron - Proceedings to Erect Huron County - The County Seat at Milan Changed to Nor- walk - Officers - Erie County Erected - Acts Regarding It - County Civil List.
T THE reader will remember that reference has heretofore been made in this work to the claims of the older States and colonies to the territory northwest of the Ohio River, and will also recall the fact that the colony of Virginia first exercised authority of that territory by the establishment by the House of Bur- gess, of the county of Botetourt in the year 1769, long years before the " Re- serve," as such, was known.
In the act that established the county of Botetourt it is stated that, "whereas, the people situated on the Mississippi will be very remote from the court-house," etc. This was an undoubted fact ; the people were certainly very remote from the county seat, as the whole territory from the Ohio to the Mississippi was in- cluded in the county so erected.
But after the war of the Revolution was passed and the United States es- tablished. Virginia quit-claimed this whole county to the general government,
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ERECTION OF COUNTIES.
thus extingnishing the county of Botetourt, which, in fact, never had an or- ganization more than in name.
The next organization of which Erie county at one time formed a part, was Trumbull, which embraced the whole of the Connecticut Western Reserve. It was erected December 6, 1800, while Ohio was yet territorial land.
Trumbull county now bears no resemblance to its original size or descrip- tion as by the surrender of her territory to subsequent organizations there now occupies the soil, either in whole or in part, thirteen separate and distinct coun- ties.
The first county erection that called for a surrender of the territory of Trumbull was that of Geauga, under an act passed December 31, 1805, and entitled " An act for the division of Trumbull county."
It has been generally supposed, and by all writers it has been generally con- .ceded that Geauga county originally embraced a part of the Firelands. This may be true, but there exists a serious question as to the fact. The act that brought Geauga county into existence declares " that all that part of the county of Trumbull lying north and east of a line beginning on the east line of said county, on the line between the townships number eight and nine, as known by the survey of said county, and running west on the same to the west line of range number five; thence south on said west line of range five to the north- west corner of township number five, thence west on the north line of town- ship number five, to the middle of the Cuyahoga River, where the course of the same is northerly ; thence up the middle of said river to the intersection of the north line of township number four to the west line of range fourteen, wherever the same shall run when the county west of the Cuyahoga River shall be surveyed into townships or tracts of five miles square each, and thence north to Lake Erie, shall be, and the same is hereby set off and erected into a new county by the name of Geauga."
This misunderstanding unquestionably arises from the fact that by a sup- plemental act passed February 10, 1807, which declares "That all that part of the Connecticut Western Reserve, which lies west of the Cuyahoga River, and north of the townships numbered four, shall belong to and be a part of the county of Geauga, until the county of Cuyahoga shall be organized," etc.
This implies that Cuyahoga's organization was under way and not perfected and that some disposition must be made of that part of the reserve lands, which was done. The act also provides that the moneys derived from taxes on that land shall be used by the commissioners of Geauga county in "laying out and making roads and erecting bridges within the boundaries of said district west of the Cuyahoga." It will be seen that this attachment was, at best, but tem- porary and not intended as making the western district a part of Geauga county except for the purpose therein specified.
Portage county was organized February 10, 1807, out of the older county
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HISTORY OF ERIE COUNTY.
of Trumbull by taking all thereof that lay west of the fifth range of the Re- serve townships.
Huron county came into life under and by virtue of an act of the General Assembly passed February 7, 1809, and entitled, " An act to set off a part of the Connecticut Western Reserve, into a separate county." By the act it was provided "That that part of the Connecticut Reserve called the Firelands, be- ginning at the southwest corner of said reserve, then north to the north bound- ary line of the United States; then easterly along said line to where the east line of the twentieth range would intersect said boundary line; thence south along the line of the twentieth range to the south line of the said reserve, which east line of the twentieth range is the east line of the Firelands, so called ; then west along the south line of said reserve to the place of beginning, be and is hereby erected into a county by the name of Huron, to be organized whenever the Legislature shall think proper, but to remain attached to the counties of Portage and Geauga, as already by law provided, except as hereinafter pro- vided."
As is very well known Erie county, prior to its separate organization, formed an integral part of Huron county ; but at the time of the formation of Erie, by the terms of the act creating it, it was taken from the two counties, Huron and Sandusky. It was created wholly of what has been termed the Firelands. Prior to that separate organization the history of Erie county was the history of Huron county. Its townships were all formed some years earlier than the erection of either, and settlement was commenced while it was a part of the Western Reserve and before either of the counties was contemplated.
The next legislative action affecting Huron county was the passage of an act January 16, 1810, providing, " That the county of Huron (as designated by an act of the Legislature, passed the 7th day of February, 1809), and also the lands lying north of township number four, and west of the fourteenth range of townships, and east of said Huron county, shall be attached to, and be a part of the county of Cuyahoga, until the same shall be organized into a separate county, or be otherwise disposed of by law."
The full and complete civil organization of Huron county was accomplished by an act of the Legislature, passed January 31, 1815, whereby it was pro- vided " that the county of Huron be, and the same is hereby erected into a separate county ; provided, that all suits and actions, whether of civil or crim- inal nature, which shall be pending, and all crimes which shall have been com- mitted shall be prosecuted to final judgment and execution in the county of Cuyahoga, as though the county of Huron had not been organized."
The second section of the same act provides, "That on the first Monday in April next, the legal voters residing in the county of Huron shall assemble in their respective townships, at the usual place of holding elections in said townships, and elect their several county officers, who shall hold their offices until the next annual election."
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ERECTION OF COUNTIES.
Section three provides for the annexation of certain other lands to Huron county. The first county officers, so far as their names are accurately ascer- tainable, were: Abijah Comstock, treasurer; Nathan Strong, recorder ; David Abbott, clerk of the courts; Lyman Farwell, sheriff; Caleb Palmer, Charles Parker and Eli S. Barnum, county commissioners.
The Legislature, in January, ISII, appointed Ephraim Quinby, of Trum- bull county, Joseph Clark, of Geauga county, and Solomon Griswold, of Ash- tabula county, as commissioners to decide upon a location for the county seat. In their report they selected a site on the farm of David Abbott, in Avery (now Milan) township, and not far distant from the village of Milan. Hon. George Tod held the first Court of Common Pleas at this place, and other courts were held there until the Legislature, in January, 1818, appointed three other commissioners, William Wetmore, of Portage, Elias Lee, of Cuyahoga, and Abraham Tappan, of Geauga, to view the locality in Avery township, hear the numerous complaints that were being made against it on account of its inconvenient situation, hear the arguments presented in favor of other localities, and, should they become convinced that the best interests of the county required a change, they were authorized and empowered to make it. The commissioners decided that Norwalk would be a much better location, whereupon the county seat was removed to that place.
From the time of the complete organization of Huron county, January 31, 1815, until the subdivision thereof by the erection of Erie county, March 15, 1838, the latter formed a part of the former (excepting the small portion taken from Sandusky county), and the whole was under the control of and governed by the same officers. And it is appropriate that, before leaving this branch of the subject and confining this narrative substantially to Erie county and its history, that a record should be made of those who were connected with the county government in the administration of its affairs. This civil list of county officers is compiled from the records of Huron county :
County Auditors-Asa Sanford, Moses Kimball, James Williams, Cyrus Butler, John Kennan.
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