USA > Ohio > Greene County > History of Greene County, Ohio: its people, industries and institutions, Volume I > Part 10
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ORGANIZATION OF COUNTY GOVERNMENT.
The next logical step after the erection of a county was the establish- ment of a seat of justice, a process that has been the cause of many a bitter fight between two or more persons, or rival villages, in the establishment of seats of justice in many newly erected counties in the Middle West. The first General Assembly of Ohio forestalled this condition in great measure by the act of March 28, 1803, wherein was set forth the process by which a county seat of justice for any new county was to be established. For this purpose three commissioners were to be appointed, whose duty it was to examine and determine what part of the new county was the most eligible for a county seat of justice. These commissioners are not to be confused with the county commissioners, for persons who were residents of the new county or were holders of any real property within the same, and who had
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not reached the age of twenty-five years, and who had not been residents of the state for at least one year, were not eligible for such a position. Thus the personal element in the location of the county seat was in great measure eliminated. Sixty days after their appointment the commissioners met i11 order to give twenty days' notice to the people of their intention to locate the county seat on a specified date. On this date it was presumed that any dele- gations of citizens with a prospective county-seat site would lay their propositions before these commissioners. The act guided the commissioners in their method of procedure, for they were to select a place as near the center of the county as possible in consideration of the situation, the extent of the population, the quality of the land and the general convenience and interests of the inhabitants.
After these commissioners had agreed upon a place for the county seat, they were to make a report to the next court of common pleas of the county, and if no town had been previously laid off on the site agreed upon, the court appointed a director, who, after giving bond for the faithful perform- ance of his duties, was fully authorized to purchase the land of the proprietor or proprietors for the use of the county, and to lay off the tract into lots, streets and alleys under such regulations .as the court prescribed.
In accordance with this act, the Legislature chose Ichabod B. Helsey, Balden Apsby and William McClelland to be the commissioners whose duties it would be to locate the county seat for Greene county, and these same men acted in the same capacity for Montgomery county. The date of their meet- ing and the proceedings of their meeting the historian has not been able to find out. Tradition has handed down the story of the location of the county seat on the site of Xenia and the naming of the same, and in the absence of records concerning the determination of the site by the commissioners, the reports which have been handed down must be accepted.
LOCATION OF THE COUNTY SEAT.
When the question of the location of the county seat was uppermost, there were few settlers who did not have visions of becoming proprietors of the new city which was to spring up in the wilderness of the new county of Greene. It is quite possible that the commissioners were presented with many schemes brought forward by the settlers. On the Paris Peterson farm, four miles southeast of Xenia, a town by the name of Cæsarsville had been laid out by Thomas Carneal as early as 1800. In anticipation of the erection of a new county in this part of the Little Miami country, a court house had been built and a public well had been dug. Thi's young town which bore con- siderable promise attracted numerous settlers and quite a number of log
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cabins sprang up within its borders. Obviously Cæsarsville had county- seat aspirations and it was under consideration for awhile. The inhabitants of Pinkney, a small village located near Trebeins in Beavercreek township on the Miami river, also had its supporters before the commissioners.
There was one resident of Greene county at that time who had very definite intentions of becoming the proprietor of the new city and in him were combined the traits of a good business man with vision and sufficient capital for furthering his schemes. That man was John Paul, who had become a resident of Greene county in 1797, when he settled on Beaver creek. When the question of the location of the county seat arose, like his neigh- bors, as the story goes, John Paul intended to lay out the new seat of justice on his own holding on Beaver creek, backing up the feasibility of the same by declaring that for advantages of location and the like, his holding was unequaled by any of the county. It seems that Lewis Davis, a large land- owner and pioneer of Greene county, and who obviously had the correct idea concerning the future development of the county, convinced Paul that his tract was not the place for the new county seat. It was the opinion of Lewis that the place chosen would be at the forks of Shawnee run, the spot which is now occupied by Xenia. At that time this land was owned by Thomas and Elizabeth Richardson, of Hanover county, Virginia, and on June 7, 1803, John Paul purchased two thousand acres, which comprised surveys No. 2243 and No. 2242, from these two absentee landowners, "in consideration of one thousand and fifty pounds current money of Virginia."
John Paul was a man of considerable influence in the county at that time, and later served for several years as clerk of the court of common pleas, clerk of the court of county commissioners, clerk of the supreme court and county recorder. He undoubtedly began using his influence upon the commissioners who were locating the county seat, who reported to the next court of common pleas that the tract which lay around the forks of the Shawnee run, the proprietor of the same being John Paul, was the best available site. On August 3, 1803, Joseph C. Vance was appointed director of the county to survey the county seat and lay off the town. On Novem- ber 14, 1804, Vance bought the town site of two hundred and fifty-seven and three-fourths acres from John Paul for two hundred and fifty dollars. Evi- dently before this transfer Paul had donated to the county-seat town and the county of Greene one and one-half acres of ground for public buildings which was possibly an inducement to the commissioners for locating the seat of justice on his land. Yet while the original proprietor of Xenia was lib- eral, he had a sharp eye for reaping benefits in the future, as the new town would grow and improve.
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NAMING THE NEW COUNTY SEAT.
How the new county seat came to be called "Xenia" is wrapped in some obscurity and again we must depend upon tradition. The authority for this story is the late Mrs. Maria Stone of Springfield, Ohio, the youngest daugh- ter of Gen. Benjamin Whiteman.
Soon after the commissioners had decided upon the site at the forks of Shawnee run for the new county seat, General Whiteman, his father-in- law, Owen Davis, and his mother-in-law, Laticia Davis, had been invited by Joseph C. Vance, the director of the new county seat, John Paul, William Beatty and others to meet with them at the "cross-roads," the intersection of the present Main and Detroit streets, to aid in deciding upon a name for the new county seat. Of course the invitation was accepted and these pioneers and their families were present upon the momentous occasion along with many others.
Many names were suggested, among which were Greenville, Wayne and Washington. When the discussion was at its height, a scholarly-looking gentleman who had been watching the proceedings, courteously interrupted the meeting, and said: "Gentlemen, allow me to suggest a name for your county town. In view of the kind and hospitable manner with which I have been treated whilst a stranger to most of you, allow me to suggest the name of Xenia, taken from the Greek and signifying hospitality." The suggestion was accepted and the name was placed with the others which were about to be balloted upon. Several ballots were taken and at last the contest had nar- rowed down to a tie between "Xenia" and some other name which Mrs. Stone did not recall. Out of consideration to Owen Davis, one of the earliest settlers in the county and the first miller in these parts, his wife, Laticia, was allowed to cast the deciding vote, which vote favored the Greek name. Thus it was that the new county seat came by the name of Xenia. It was later found out by the pioneers gathered together on that day, that the learned gentlemen who had given them the happy suggestion of Xenia, was none other than the Rev. Robert Armstrong, who one year later became the pastor of the Massiescreek and Sugarcreek congregations of the Associate Presbyterian (Seceder) church in Greene county. It is indisputable that the Reverend Armstrong was present in Greene county in that year 1803, for the records of the court show that during the December term of that year, Robert Armstrong was issued a license to solemnize a marriage.
THE ESTABLISHMENT OF COUNTY GOVERNMENT.
When the four counties, of which Greene was one, were established, the Legislature determined that the act was to go into force on May 1, 1803. By another act of the General Assembly, passed April 16, 1803, it was stip-
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ulated that it was the duty of the associate judges of the court of common pleas in each of the new counties then organized to meet on May 10, 1803, following, at the places designated where courts were to be held, and lay out the counties into a convenient number of townships and to determine for each township a proper number of justices of the peace, who were to be elected on the following June 21. This first convening of the court of com- mon pleas then was not for the purpose of trying cases, but for transacting the necessary business pertaining to the organization of the county. The following is the record of the first meeting of the court of common pleas in Greene county :
At the house of Owen Davis on Beaver Creek, on Tuesday, the tenth day of May, in the year of our Lord, one thousand eight hundred and three, William Maxwell, Benjamin Whiteman and James Barrett, Esquires, produced commissions under the hand and seal of his excellency, Edward Tiffin, governor of the state of Ohio, appointing them associate judges of the court of common pleas, of the county of Greene. William Maxwell, esquire, produced a certificate under the hand of James Barrett, Esquire, bearing date, the twentieth day of April, last past, that he, the said William, had taken the oath to support the consti- tution of the United States and of this state, and the oath of office; and then the said William administered the aforesaid oath to Benjamin Whiteman and James Barrett, Es- quires. And there was a court held for the county of Greene, agreeably to the law in that case made and provided. John Paul was appointed clerk pro tempore to said court and took the oath of office.
The court then proceeded to lay off the said county into townships, as followeth (to wit) : (the townships established were Sugarcreek, Caesarscreek, Mad River and Beaver- creek townships).
It is considered by the court that for and in the township of Sugarcreek, there shall be elected one justice of the peace, for the township of Caesarscreek, one; for the township of Mad River, three, and for the township of Beavercreek, five.
It is considered by the court that on the thirteenth, instant, there shall be an election held (at the temporary seat of justice), for the purpose of electing a sheriff and coroner, agreeably to an act of the assembly, in that case made and provided.
Considered that court be adjourned till court in course.
Attest JOHN PAUL, C. G. C.
From thence on during the year the associate judges met to carry on the business of the county since the office of county commissioner had not then been created. The levy of the county must be determined, and on August 26, 1803, it was placed at four hundred and forty-six dollars and four cents, quite different from the levy of today. As the residents of the county had been accustomed to settling their disputes with their fists, much work was in store for the grand jury. The fact that there were some re- fractory members of the community whose conduct warranted their being . confined to jail, a county bastile had to be provided. It was an improvised one, but it surely served the purpose, for the court ordered "that the large block house at Mr. Jacob Smith's Mill on Beaver Creek be appropriated to the use of a Jail, and that Benjamin Whiteman, Esq., be appointed in behalf of the court to contract for the repair of the same." Wolves were plentiful
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and an act of the General Assembly gave the governments of the several counties the right to pay bounties for wolf scalps. On August 22, 1803, the record says : "It is considered by the Court that there shall be paid out of the Treasury of Said County, fifty cents for each wolf killed in the lands of said County, agreeably to law in that case made and provided."
EARLY ACTS OF THE COURT.
In those early days when settlers by the thousands were coming into the Ohio lands to establish their homes, places of entertainment had to be provided for the newcomers as they went about over the territory, and tav- erns were a necessity. These "public houses of entertainment" did not exist without sharing the expense of the county government, and the individual who sought to become a tavern keeper, had to get license from the court of common pleas. At the second meeting of the court on August 4, 1803, licenses were issued Archibald Lowry and Griffith Foos of Springfield. Peter Borders, the tenant of the house where the county seat of justice was located, saw an opportunity for increasing his income by keeping a tavern, and accordingly at this same meeting of the court he presented the follow- ing petition :
We, the subscribers, beg leave to recommend to the honorable court, Peter Borders as a fit person to keep a publick house of entertainment on Beavercreek in the county of Greene-and we, your petitioners, hope that a license may be granted accordingly-and as in duty bound we will ever pray. Beavercreek, 4th of August, A. D., 1803.
Joseph Vance George Allen
William Ort
Elijah Davisson
James Carroll
Owen Davis
James McCoy
David McCoy
Alexander McCoy
John McCoy
Robert McCoy Nathan Lamme
John Paul William Maxwell
As the "Honorable Court" were finally convinced that such a house of "publick" entertainment was necessary to the "publick" service, and that Peter Borders was a fit person to operate the same, they accordingly granted him the license.
At this meeting of the court in August, 1803, James Galloway, Sr., was appointed treasurer of the county, in which capacity he served his neighbors continuously until 1819.
By far the most important business transacted by the court was that of
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surveying and platting the site of the new town of Xenia. Joseph C. Vance was appointed director on August 3, 1803, and as security for his perform- ance of all the duties depending upon his office he gave the first bond ever given in the county, as follows :
KNOW all men by these presents that we, Joseph C. Vance, David Houston and Josiah Wilson, of Greene County, are respectively held and firmly bound unto the said Treasurer of said County & State of Ohio or his successors in office in the Penal sum of Fifteen hun- dred dollars,-As witness our hand and Seal, &c.
The Condition of the above mentioned obligation is such that if the Above men- tioned Joseph C. Vance shall well, truly and faithfully discharge and perform all and singu- lar the duties, &c. of Director for Purchasing of land, laying off and selling of lots at the Seat of Justice for the aforesaid County of Greene, as established by the Commis- sioners appointed by the General Assembly of the State of Ohio, for that purpose, agree- able to an act in such cases made and provided,-the obligation is void & of no effect, otherwise it stands in full force and virtue.
As witness our hands and seals this Fourth day of August, One thousand eight hun- dred and three.
Attest :
JOHN PAUL, CLK.
JOSEPH C. VANCE (Seal)
DAVID HOUSTON (Seal)
JOSIAH WILSON (Seal) 1
For the services which he performed according to the bond, Joseph C. Vance received at the term of the next December "$49.25 for laying off the town of Xenia, finding chairmen, making plots and selling lots." The duties and emoluments arising from the position as director seemed to appeal to Vance and his services were demanded for the laying off of the town of Urbana after Champaign county was organized in 1805. At any rate the minutes of the board of commissioners of Greene county shows that on August 27, 1805, "Joseph C. Vance resigns his office as director, therefore it is ordered that William Beatty be appointed director in his place and that he give bond and security in the penalty of three thousand dollars for the full performance of said office." Nevertheless, in the short time in which the original director of the new county seat was in office, he had plenty to do and in the main his work was done well. There is, however, one instance in the sale of a lot for which he made two transfers. Apparently, the first pur- chaser did not fulfill his contract and the tract reverted to the county, but Vance made no record of the occurrence, somewhat to the confusion of per- sons who consult the records concerning the transfers of the tract.
FIRST MEETING PLACE OF COURT AT XENIA.
The associate judges continued to hold session of court in the house of Owen Davis, which was located five and one-half miles west of the present city of Xenia, on what is now known as the Harbine farm in Beavercreek
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township, until after the June term of 1804. By this time the site of the new county seat had been selected and William A. Beatty, an enterprising Ken- tuckian, was busy hauling and hewing logs and erecting the first tavern in the new county seat of justice. He had rented the west room up stairs to the county for a court room. This house, which was a hewed log structure, two stories high, was erected on the site now covered by the Dowling block on Main street, opposite the present court house. Its length was from east to west and its west end was about forty-five feet east of the southeast corner of Main and Detroit streets, on Lot No. 13, where the Xenia National Bank now stands. Here the court continued to mete out pioneer justice until 1809 when it moved into the new court house which was completed in that year.
COUNTY COMMISSIONERS.
The office of county commissioner has not existed since the erection of Greene county, and the business which is now transacted by the board of commissioners was first carried on by the court of common pleas. It was by an act of the General Assembly of Ohio, passed February 14, 1804, that the office of county commissioner was created as it stands today and the first commissioners of Greene county under this act were elected on the first Mon- day in April, 1804. The men elected were Jacob Smith, James Snoden and John Sterritt, and they held their first meeting for the transaction of the business of the county in the following June. The record of this meeting still exists in a little paper-back book which is very much browned by age, and is reproduced verbatim with its excessive capitalization, lack of punctua- tion, poor spelling and awkward grammar, as follows:
FIRST MEETING OF THE BOARD OF COMMISSIONERS.
"At the House of Peter Borders on Beaver Creek, on the Eleventh day of June, 1804- Jacob Smith, James Snoden and John Sterritt, gent., produced a Certificate of their being duly Elected Commissioners of the County of Greene and also produced a Certificate under the hand and seal of James Barrett, Esq., one of the Associate Judges of the Court of Common Pleas, that they had taken the oath required by Law, and there was court held by the Board of Commissioners for said County-and John Paul was appointed Clerk to the said Board of Commissioners-and then the said Commissioners cast lots for rank-and Jacob Smith drew for three years, John Sterritt for two and James Snoden for one.
The Listers of Taxable property in said County having failed to bring in their lists, for which cause the County business cannot be adjusted. Therefore it is considered that the Board will meet on the first Monday of next to lay the levy of said County. Ordered that the Clerk advertise for the listers of taxable property to forward their lists on or before said Monday, and for all those having claims against said County to attend the Court-
Ordered that Court be adjourned till the first Monday of July, next. (Signed) JOHN PAUL, CLK.
Thus it was that the board of county commissioners began its career, and for more than a century it has served the interests of the county ably
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and well, but the volume of its business in the early years bears a striking contrast to that of today. These early commissioners were busy men. The new court house must be built in Xenia and the construction of it was let to William Kendall on January 6, 1806, at the then considerable sum of three thousand three hundred and ninety-six dollars. The expenditure of such a sum necessitated most careful attention. But before the work could be begun on the projected building in Xenia, the public square had to be cleared, for it was then overgrown with timber, and William Tindall was allowed six dollars for performing the task. The new court house had to be carefully planned, not only with the intention of making it a serviceable building but also beautiful one in the eyes of the pioneer architects. Several "extras" were ordered, among which was a cupola which was gradually raised no less than three times by order of the commissioners until it reached the height of twenty-five feet. A cupola was not enough, for the board ordered that it must be surmounted by a ball of brass twenty-two inches in diameter and that a weathercock of brass in the shape of a fish should grace the topmost point of the spire. The cupola was not complete without a bell, and in 1819 Robert Nesbitt was "empowered to get a Bell for the use of the Court House from Cincinnati, of one hundred pounds weight & to be insured as a good and sound one of good and proper Bell Metal."
BOTIIERSOME QUESTIONS ARISE.
Along with the building of the court house other bothersome questions continually arose. The listers would not turn in the property and business would be held up on that account. Some of the more liberty-loving pio- neers persisted in feeling the strong arm of the law and often they were confined to the county bastile, which was improvised from one of the block honses near the temporary seat of justice at the house of Peter Borders. Oftentimes the prisoner escaped and the jail had to be repaired. Shackles and handcuffs were ordered from the village blacksmith, Joseph Hammell, who was as skillful in making fetters as he was at fashioning a plow share. Sometimes the commissioners were forced to give mercy to a violator of the law as is evinced by the following order of June 25, 1818:
Whereas, William Hodge has been committed to jail for a fine assessed by the Court of Common Pleas, in and for Greene County and the State of Ohio, for playing at cards, &c., and it appearing to the satisfaction of the Commissioners that he, the said William Hodge, is not able to pay said fines and cost, or any part of them, it is therefore ordered that the jailor discharge him.
(Signed) W. HAINES.
As soon as possible the commissioners began holding their meetings in the new county seat which soon began to take form in the forest, but since there was no court house yet at their disposal, they held their sessions in the
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house of William Beatty, the owner of the most palatial house in Xenia in the days of the city's infancy. This was a two-story house, built of hewed logs. Heretofore the court of common pleas had been convened in this house, and its use as a court house brought forth an order from the com- missioners allowing the owner "twenty-eight dollars for house rent for the years 1804 and 1805."
FIRST MEETING IN NEW COURT HOUSE.
The first recorded meeting of the commissioners in the new court house took place on March 4, 1811, and the pride which the county fathers had in their new court house and public square was certainly pardonable. They immediately set to work leveling the public ground by filling the natural depressions on its surface and in clearing off the brush. Evidently there were many of the townsmen who looked upon the public square as common property whereon they could establish their "wood piles," board kilns and the like, and this brought forth the following order from the board of com- missioners :
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