USA > Ohio > Greene County > History of Greene County, Ohio > Part 2
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Section ; of this act also shows that our legislative fathers did not want anything like injustice to result from any action of theirs. and therefore enacted further that all the in- habitants of the counties of Montgomery and Greene, who lived north of the eighth range shall be exempt from any tax for the purpose of erecting court houses and gaols (jails) in the aforesaid counties of Mont- gomery and Greenc.
Section 8 of this act provides that this act shall commence and be in full force from and after the first day of May next. making as it were May I. 1803. the birth- day of Greene. Warren. Butler and Mont- gomery counties.
Thus it is shown by this act that in the formation of Greene and Montgomery coun- ties to them was given a large exent of ter- ritory, extending from their present south- ern boundary to the north line of the state, and from the west line of the state to the cast line of Greene county.
As it is a matter of historical interest in view of the fact that volume one of the Laws of Ohio enacted in the town of Chilli- cothe, at a meeting of the first general as-
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ROBINSON'S HISTORY OF GREENE COUNTY.
sembly of Ohio, is very rare, and hence more valuable, from it will give entire the orig- inal boundary of Montgomery and Greene counties as found in that number.
Section 3 of an act dividing Hamilton and Ross counties is as follows: That all that part of Hamilton county included with- in the following boundary, viz: Beginning the county of Butler, thence east with the lines of Butler and Warren to the east line of section number sixteen, in the third town- ship, and fifth range : thence north eighteen miles, thence east two miles, thence north to the state line, thence with the same to the west boundary of the state; thence south with said boundary to the beginning, shall compose a third new county called and known by the name of Montgomery.
Section 4 of said act enacts that all that part of the county of Hamilton and Ross in- cluded in the following bounds, viz: Be- ginning at the southeast corner of Mont- gomery county, running thence cast to the Ross county line, and the same course coll- tinucd eight miles over the said county of Ross; thence north to the state line? thence westwardly with the same to the east line of Montgomery county, thence bounded by said line of Montgomery to the beginning. shall compose a fourth new county called and known by the name of Greenc.
From this it can be seen that part of the land then called Montgomery and Grecne counties, was held but temporary, and the time would come when other counties would le formed from them. Such was the case with Greene, when February 20, 1805. Champaign county was organized, thus cur- tailing Greene of her large northern boun- dary. The founders of our county Greene. as will appear, were men who were well
versed in the laws and acts of the general assembly of the state.
At the same session of the general as sembly, March 28, 1803, was enacted a law for establishing seats of justice for new made counties, as follows:
Section 1. Be it chacted by the general assembly of the state of Ohio, that for each on the state line at the northwest corner of ' new county established during the present or any future session of the legislature three commissioners shall be appointed whose duty it shall be to examine and de- termine what part of said county so estab- lished is the most eligible for holding the several courts within the said county, and it shall be the duty of the secretary of state immediately to notify the persons of their several appointments.
Section 2. And he it further enacted that no person residing within the county so established, er holdling any real property within the same and who has not arrived at the age of twenty- five years, and been a resident of the state one year, shall be eligi- ble as a commissioner.
Many reasons have been given why the first site chosen as the temporary seat of jus tice, five and one half miles west of the pres- ent city of Xenia, on what is now known as the llarbine farm, was not continued as the permanent county seat of Greene county. The best reason that we find, and we think the correct one, is to be found in secton 3 of this act. defining the duty of said section stating that they shall proceed to examine and select the most proper place as the seat of justice as near the center of the county as possible, paying regard to the situation, ex- tent of population, and quality of the land, together with the general convenience and interests of the inhabitants.
Section 4 enacts that the commissioners
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ROBINSON'S HISTORY OF GREENE COUNTY.
after having agreed upon the place for the seat of justice, shall make report thereof to the next court of common pleas to be held in said county, if it appears no town has been previously laid off at the place agreed on by the commissioners, the court shall appoint a director, who, after giving sufficient bond for his faithful performance, shall be fully authorized to purchase the land of the pro- prietor or proprietors for the use and behoof of the county, and proceed to lay off said land into lots, streets and alleys under such regulations as the court may prescribe ( see Vol. I. page 109, Laws of Ohio, March 28, 1803).
We are filled with admiration at the promptness to act, of our pioneer fathers,- "in the beginning"-as we have seen the formation of the four new counties was ac- complished by an act of the legislature, March 28, 1803, by the passage of an act for that purpose. Said act to commence and be in force May Ist. 1803.
Ten days afterward, May 10, 1803. in obedience to an act of the general assembly, passed .April 16, 1803, wherein was made the duty of the associate judges of the court of common pleas, in each and every county within the state then organized, to meet on the Ioth day of May. 1803, following at the places that had been designated where courts were to be held, and proceed to lay out these counties respectively into a convenient num- ber of townships, and also to determine for each township a proper number of justices of the peace, who were to be elected on the 21st of June following.
This first meeting of the associate judges was called a court, but it was not for the trial of cases, but for the transacting of business pertaining to the organization of the county under the laws which have been
cited. William Maxwell, Benjamin White- man and James Barrett were the first asso- ciate judges, and as Mr. Maxwell had been a member of the first general assembly, and had helped to formulate and pass the laws which have been mentioned, and there can be no doubt but it was he who had selected his two associates. Whiteman and Barrett. and had himself taken the oath of office of associate judge, before leaving Chillicothe to attend this court, and the record says "he achministered the oath to Benjamin White- man and James Barrett."
TERRITORIAL ORGANIZATION OF GREENE
COUNTY.
May 10. 1803. Court being duly organ- ized, Col. John Paul was appointed clerk pro tem. to said court, and took the oath of office. The court then proceeded to lay off the county into townships, as follows : there being no counties north of Greene, the large strip of land extending from the present southern boundary of the county, to the north boundary line of the state, by the width of the county, was divided into four townships, namely: Sugarcreek, Ceasars- creek, Mad-River, and Beavercreek.
SUGARCREEK TOWNSHIP.
The west line of Sugarcreek was the same as now, seven miles long, the north- western corner of the township being at the northwestern corner of the tenth section in the western line of the county; from this point the line extended south, along the western line of the county ; seven miles, to the southwest corner of the same: thence. east, crossing the Little Miami River, and the same course continued four miles east
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ROBINSON'S HISTORY OF GREENE COUNTY.
of the river very nearly to the southeast eor- ner of what is now Spring-Valley town- ship; thence north ten miles, to a point due east from the point of beginning. This point, the northeastern corner of Sugarcreek township, was about two miles south, by a little west from the present eity of Xenia. The township ineluded what is now Sugar- creek, nearly all of Spring-Valley, and the southwest part of what is now Nenia town- ship.
In compiling and separating the old pa- pers of the county, the four books, in which were the names of the first to settle in the four original townships were found. signed by the enumerator of each of the four town- ships. James Collier took the names of those living at the time in Sugarcreek town- ship, who were free white male inhabitants. over the age of twenty-one. He com- irenced the work August 3. 1803. and com- pleted it .August 10. 1803. reporting a total of. 71. We will copy from his little book the names of those of the aforesaid date who were living in Sugarereek township: Seth Anderson, Samuel AAnderson, Mexander Armstrong. Robert Buckles, William Buck- les. James Buckles, Ephram Bowen, James Barrett. Sr .. James Barrett, Jr., Samuel Brewster. Alexander Barnes. James Barnes. James Bruce, James Cunningham. James Clancey, James Collier. David Curry. Rev. Joshua Carman, Joseph Campbell. John En- nis, Thompson Ennis, Samuel Ennis, Jere- miah Ennis, Isaac Gerard, John Gowdy. Thomas Hale, John Hale, Joseph Hale. Jacob Horner. Benjamin Horner. John Heaton. Jacob Ilosier, John Irwin, Joseph James, John Knight, Capt. Nathan Lamme. Samuel Martindale, Ezekiel Martin, Samuel Martin. Isaac Martin, William Miller. Rob-
ert Marshall, John Marshall. John Me- Knight, John McLean, Willis Northcutt, Joseph Robinson, Joseph Robinson, Jr .. Ed- ward Robinson, William Snodgrass. Sr., William Snodgrass. Jr., James Snodgrass, Sr., James Snodgrass, Jr .. Robert Snod- grass. James Snowden, Jacob Snowden. Cyrus Sackett. Daniel Thomas. Abraham Thomas, William Tanner. James Tanner. Abraham VanEaton, John Vance. Sr .. John Vance. Jr., Joseph C. Vance, Joseph Vance. John Wilson. Sr., John Wilson. Jr .. Daniel Wilson, George Wilson and Andrew Gowdy.
CEASARSCREEK TOWNSHIP.
Ceasarscreek township began at the northeast corner of Sugarcreek, running thence north to the Little Miami. It ran about half a mile west of the present eity of Xenia, and intersected the Little Miami river west of Okltown, at the month of Massies creek : thence it extended cast to the east line of the county. On the east and south it was bounded by the county lines. This township was about four times as large as Sugarcreek, extending north from the southern boundary about fifteen miles, and included all of the southeastern part of the county. The population of Ceasarscreek township at the time of its organization. May 10, 1803, of the free white males, over the age of twenty-one, as taken by Joseph Price, first assessor of said township, was fifty-eight, old enough to vote, and follow- ing are the names: James Bonner, Isaac Bonner. Jacob Bone, Samuel Bone, John Bellington. Josiah Elam, John A. Hoop, Stephenes Hoggert, Josiah Hunt. James Lowry. Joseph Lambert, Samuel Lee, John
-
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ROBINSON'S HISTORY OF GREENE COUNTY.
Lucas. Caleb Lucas, John Montgomery. Samuel Martin, John Martin, Stephen Men- denhall. Martin Mendenhall, John Menden- hall, William Mullen. Samuel Miller, Ed- ward Mercer, Isaiah McDonald. Dempsey McDonald, Levet McDonald, William Mc- Farland, Joseph Priee. David Price, Sr .. David Price, Jr., Frederick Priee, Peter Price, David Painter, Nathan Porter, James Porter, Henry Prill, Jr., Henry Prill, Sr., James Corry, John Campbell. William Conkleton, Joel Conkleton, George Isham. Lenard Stump. Joseph Sterrett, John Ster- ritt. Isiah Sutton, Joniah Sutton, Amaziah Sutton, Samuel Sutton, Lewis Sutton, Will- iam Garner Sutton, William I. Stewart. Noah Strong, Reuben Strong, William Stanfield, Joseph Wilson. Sr., Joseph Wil- son, Jr., Remembrance Williams.
MAD RIVER TOWNSHIP.
Mad River township was No. 3, and its population at the time of organization was 156 of free white males over the age vi twenty-one, taken by John Dangherety. of Springfield, first enumerator. Springfield had been designated Ly the associate judges as the place in the aforesaid township for holding elections, and at the house of Grif- fith Foose. This was the third township or- ganized : its southern boundary line was the south boundary of the moth range of the township in what is now Clark county. This line extended east and west, and is two miles north, passing through the city of Spring- field. Clark county, along which the nationa! road passes. It was the largest township in the county : its width from east to west was the same as that of the county, and it ex- tended to the northern limits of the state.
.At that time, May 10, 1803, the following named were residents :
Adam Allen, Ezekel Arrowsmith, Will- iam Aims, Edward Armstrong, Isaac An- derson, Seth Arnett, Frederick Ambrow. George Bennett, Henry Bailey, Robert Boyce, Paul Butler, George Brown, Joseph Barlow, Thomas Burt. James Bishop, John Clark, John Crosley, Thomas Cowhick, Elijah Chapman, William Chapman, Cor- nelius Carter. Elnathan Correy, John Daw- son, Thomas Davis, Domnic Donley, John Dangherety, Isaac Dickson, Jonathan Don- nel, Isaac Dillon, John Denney. Archabald Dowden. James Demint, John Doyle, Chris- topher Endrick, Nathan Fiteh, Griffit. Foose, John Forgey, Daniel Gobel, Aaron Gooden, Job Gard, Elisha Habour, Enos Holland, John Humphrey, Thomas Hardin. William Holmes, Jacobs Huffman, Henry Huffman, Joseph Hill, Abraham Inlou, John Jackson, Silas Johnston, Jonathan Johnston, Simon Kenton, Thomas Kenton. William Kenton. Solomon Kelley. Abner Kelley, John Kelley, Joseph Kiser, Thomas Loury, Robert Loury, Archabald Leury. William Layton, Joseph Layton, Robert Layton, Joseph LeFaw, George Manford. Burrell Mills, Thomas Moore, William Moore, Samuel Mitchel, Alexander Miller, John Miller, Edward Mercer, John Milhol- land. James Mc Pherson, Adam MePherson. John MePherson, James McDonald, Will- iam McDonald, Archabald Mckinley. James McGill, Christopher McGill, Robert Mc- Mains, Joseph McKenney, Robert Mcken- ney, Daniel MIckennon, William McCul- lough, Samuel Mccullough, William Owens, Thomas MI. Pendleton, William Pal- mer, Eleazier Piper, Daniel Phillips, Will- iam Paul, James Paul. John Paul, Thomas
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ROBINSON'S HISTORY OF GREENE COUNTY.
Pierce, William Powell, David Prunty, Will- of William I. Stewart; in Mad River, the iam Rhoades, Thomas Redman. Charles Rector. Thomas Robertson, Jacob Robert- son, Daniel Robertson, Hugh Reid, Joseph Reid, John Reid, Jacobs Reid, Thomas Reid, John Risdon. Benjamin Ross, William Ross, Sr., William Ross. Jr .. Felix Rock, Patrick Rock, Robert Renick, Daniel Rector, James Rhoetell. Thomas Rosers, Jacob- Sewer. Joseph Simons, William Smith. James Smith, Thomas Scott. James Scott, Charles Stoss. Henry Sturm, Lewis Summers, Jo- seph Sutton, John Taylor, Sampson Tolbert, John Tillis, Sr., John Tillis. Jr., Benjamin Turman. Isaac Turman, John Tucker, Rev. William Wood. James Wood. Christopher Wood, Joseph Whitlesey. Adam Wise, James Ward, William Ward, Hugh Wal- lace, William Wallace, Bazel West, Christo- pher Weaver. William Weaver. John Welch. John Wirt.
BEAVERCREEK TOWNSILIP.
Beavercreek was the next largest town- ship, and the population of same as ascer- tained by Peter Popenne, assessor of said township, May 10, 1803. of all the free white male inhabitants over the age of twenty-one years, was one hundred and fifty-four. It comprised the remaining part of the county not included in the three townships named ; that is, all north of Sugarcreek and Ceasarscreek, and all south of Mad River township. The village of Springheld was in Beavercreek township, and the old forest trees that were then growing on the site of Xenia were in Ceasarscreek township.
The voting precincts in those townships were as follows: In Sugarcreek, the house of James Clancey ; in Ceasarscreek, the house
house of Griffith Foose, and in Beavercreek, the house of Peter Borders. The following named were then residents of Beavercreek township: George Alexander. George .Al- len, William Allen, John Aken, William .Aken, Gabrel Bilderhack, Peter Borders, William Bull, Sr., James Bull, Richard Bull, John Bull. John Bosher, Gardner Bobo, James Benifield. Jesse Bracken, John Bu- chanan, James Buchanan, Robert Bogges. Elias Bromegen. Jacob Coy. Adam Coy, Levi Conley, Abel Crawford. James Carroll. John Cottrell, Isaac Crusan. Benjamin De- vere. John Driscal, William Downey, Owen Davis, Lewis Davis, Robert Frakes, Jona- than Flood, Edward Flood, John Forgy, John Freeman, William Freeman, Samuel Freeman, Elijah Ferguson, William Fergu- son, Zachariah Ferguson. Benjamin Ginn, James Galloway. Sr. Garge Gallo way, James M. Galloway. Thomas Godfrey, John . Warner, Jacob Harner, George Harner. Michacl Hendricks, An trew Hawker, Abra- ham Hanley, Alexander Haughey. David & Juston, William King. Adam Koogler, Jacobs Koogler, Richard Kiser, Peter Kiser, John Kiser. Mathew Kavender. George Kirkendale, Jacob Kent. Samuel D. Kirk- patrick, George Kirkpatrick, William Law, Justice Luice. Arthur Layton, Arnest Long- streth, Cornelius Morgan, John Morgan, Sr., John Morgan, Jr., Isaac Morgan, Evan Morgan, Christy Miller, John Miller, James Miller, Frederick Morelander, William Max- well. William Minnier. Abraham Minnier, Edward Mercer, Jonathan Mercer. Harry Martin, William McCloud, Charles Mc- Guire, William McClure. John McKaig, Daniel McMillan, Alexander McCullough, William McFarland, Alexander McCoy,
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ROBINSON'S HISTORY OF GREENE COUNTY.
Alexander McCoy, Jr .. James McCoy. Dan- iel McCoy, John Nelson, William Oneal, William Orr, John Paul, James Popenoe, Peter Popenoe, Sr., Phillip Petro, Nicholas Petro, Paul Petro, William Price. William Pasel. Nicholas Quinn, Sr .. Nicholas Quinn, Jr .. Mathew Quinn, James Riddle, John Ritenhouse, Garret Rittenhouse, William Robins, Isaac Rubert, Alex- ander Rough. John Rue, Abraham Rue. AAndrew Reid, William Stockwell, Ardrew Stewart, Jacob Shingledecker, William Mad River Stephenson, John Mad River Stephenson. James Stevenson, William Ste- venson, John Stevenson, Peter Sewel, John Shigley, Frederick Shigley, Thomas Simp- son. Michael Spencer, William Smith, Jo- seph Smith, Jacob Smith. John Smith, James Scott. Christopher Truby. Jacob Truby, John Tingley, Silas Taylor, William Taylor. George Taylor. Thomas Townsley. John Townsley. James Tatman, Joseph Tat- man. Charles Williams, Christian Willand, Benjamin Whiteman. Andrew Westfall. James Westfall, George Wolf. John Webb. Henry Whitinger. Henry Ward. Henry Young.
The above mentioned townships, which, as we have seen, occupied much more terri- tory than is now comprised by Greene coun- ty, were organized by the associate judges of the court of common pleas, and was the last act of the aforesaid judges in organiz- ing townships for the county.
The total number of voters in Greene county when first organized: Sugarcreek township, 71: Ceasarscreek township. 58: Mad River, 156: Beavercreek, 154: total vote of the county, 439.
In the old records of the county, many of which had been hidden away for nearly
a century, much of historic interest is brought to light. and from them we find that John Paul, the founder of Xenia, Ohio, was a resident of what is now ( 1900) known as Trebines Station, in fact, had settled there in the year 1800, and had been the first to harness the waters of the Little Miami at that point, having built a sawmill, run by water power, and that station was then known as "Pauls Mill." Tradition says while living at that place he had learned that the permanent seat of justice was to be located at the forks of Shawnee creek. He therefore hied away to Cincinnati and pur- chased the land on which the now city of Xenia is built. Subsequent events would indicate that such was the case.
August 2. 1803, was the day set for the first meeting of the court of common pleas for Greene county. On the second day of this term General Joseph C. Vance was ap- pointed director, with power (according to the law that had been enacted for such pur- poses ) to purchase the land for the use of said county, and proceed to lay off said land into lots, streets and alleys under such reg- nlations as the court may prescribe. See laws of Ohio, page 309. Vol. 1. Sec. 4, of said act.
From this we would infer that previous to the meeting of this first court of common pleas the commissioners had been appointed, and had located the permanent seat of jus- tice, had settled all claims of competing towns, such as Ceasarsville. Pinkney and other places which tradition says wanted to be the county town of Greene county, and had decided in favor of the forks of Shaw- nee creek, three miles from the mouth of where said creek emptied into the Little Miami river.
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ROBINSON'S HISTORY OF GREENE COUNTY.
When the question is asked, when was the present city of Xenia laid out ? we know that at this first meeting of the court much had been done in that direction, and early in the fall of 1803 the work was finished.
James Galloway, Sr., was appointed treasurer of said county the next day after Mr. Vance, which was August 4. 1803. At the December term of the court. 1803. he received $49.25 for his services. He, it is said. furnished his own chain men in mak- ing the survey, made a plat of the town. and sold some lots. He had also purchased the land of Colonel John Paul. And to the new made treasurer of Greene county Mr. Vance is firmly beund as director of the new county seat of Greene county.
Inasmuch as this first bond ( the original of which is in the hands of the writer ). the first bond given by any officer in Greene county, is of historic interest we will give entire the following true copy :
Auditors office. Greene county, Aug. 4. 1803.
Know all by these presents that we. Joseph C. Vance. David Huston and Jo- seph Wilson, of Greene county, are respect- fully held and firmly bound unto the treas- urer of said county and state of Ohio, or his successors in office, in the penal sum of fif- teen hundred dollars as witness our hands and seals, etc.
The condition of the above mentioned obligation is such that if the above mentioned Joseph C. Vance shall well, truly and faith- fully discharge all and singular the duties, etc .. of director for the purchasing of land, laying off and selling lots, at the seat of jus- tice, for the aforesaid county of Greene, as established by the commissioners appointed by the general assembly of the state of Ohio
for that purpose, agreeable to an act in such cases made and provided. the obligation is void and of none effect. otherwise it will stand in full force and virtue.
Witness our hands and seals, this 4th day of August, one thousand eight hundred and three.
JOSEPH C. VANCE, ( seal )
DAVID HUSTON. ( seal )
JOSEPH WILSON, ( seal )
Attest. John Paul. C. G. C.
As we have said, the first court was held in the house of Owen Davis, which was five and one-half miles west of the present city of Xenia, en what is now known as the Har- bine farm. in Beavercreek township.
The June term, 1804. was the last term of court held in the old log house down on Beaver. The present site of Nenia having been selected as the permanent seat of jus- tice, Mr. William A. Beatty, from Kentucky was busy in front of our present court he ise cutting the logs to erect the first tavern in the new county seat. He had also rented the west room up stairs to the county for a court room, and it was a race between him and Rev. James Towler which would be the first to finish their tweestory log cabins. Mr. Frederick Boner was building for Mr. Towler, on the lot now covered by H. H. Eavey's wholesale house. The tavern of Mr. Beatty was on the site now covered by the Leaman block, opposite the present court house. The evidence is in favor of Mr. Beatty as to who won the race, as his build- ing was finished and opened for business Oct ler 1. 1804. The house was a hewed- log. double structure, two stories high, its length was from east to west, and width from north to south, and its west end was about forty-five feet east of the southeast
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ROBINSON'S HISTORY OF GREENE COUNTY.
corner of Main and Detroit streets, on lot No. 13, where the Xenia National Bank now stands.
The place that had been selected for the permanent county seat of Greene county was at this time covered by a dense growth of forest trees, as some one beautifully ex- pressed it. "The whole country around the present city of Nenia was one unbroken for- est, beneath whose sylvan shades the timid deer lay down to rest: among whose branches the playful squirrel sported in free- dom, the songs of birds made the forests redolent with music and was altogether a scene of natural beauty and harmony pre- sunting itself to the senses-delightful and enchanting. But as if nature could not blend in such harmony, the charm is broken, the spell dispelled by the dismal howl of the wolf, or the blood-curdling whoop of the red 111e11. 'Mid such surroundings our forefa- thers hewed a home for themselves and made it possible for us to have the beautiful homes we have to-day."
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