History of Madison County, Ohio : its people, industries and institution with biographical sketches of representative citizens and genealogical records of many of the old families, Part 7

Author: Bryan, Chester Edwin
Publication date: 1915
Publisher: Indianapolis, Ind. : Bowen
Number of Pages: 1150

USA > Ohio > Madison County > History of Madison County, Ohio : its people, industries and institution with biographical sketches of representative citizens and genealogical records of many of the old families > Part 7

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MADISON COUNTY, OHIO.

board of commissioners authorized William Gibson to notify the commissioners of Greene, Champaign . and Franklin counties to attend with their surveyors and have the lines established agreeable to law. The board of Madison county, with Patrick McLene the surveyor thereof, were to meet the respective boards and surveyors of the adjoining counties, at the following points, viz .: Those of Greene, at the house of Isaac Hudson, in Stokes township, on the 17th of September, 1810; those of Cham'- paign, at the house of Christopher Lightfoot, near the southeast corner, on the 24th of September; and those of Franklin, at the court house in Franklinton, on the first Monday in October following. The commissioners delivered elaborate instructions to Patrick McLene as to the course he was to pursue. Each county was to defray one- half the expense of making the survey, but, in case the surveyors of the other counties did not attend at the place and time appointed, the surveyor of Madison was instructed "to run and mark the lines in the same manner you would consent to do were they or either of them present." These instructions were delivered on September 13, 1810. to Patrick McLene, who at the appointed time began to run and ascertain the boundary lines. It is evident, however, that the work was not completed until early in 1811, and to dispel all doubt on the matter, here is given a verbatim record of the survey as transcribed in Patrick McLene's own handwriting :

COUNTY LINES DEFINED. -

"April 10, 1811-Notes of the lines of Madison county as far as I have run them. Beginning at a white elm, red elm and black walnut, northeast corner of Fayette county, in the Pickaway county line, running west by the needle, twenty miles, two hundred and eighteeen poles to an elm, post oak and two red oaks, one marked M. C., crossing Deer creek at sixty poles; at 134 poles, crossing Deer creek road from Chillicothe to Urbana ; at two miles and 116 poles. Langham's road; four miles and 76 poles, a branch of North Paint; 5 miles and 62 poles, another branch of North Paint; ten miles and 290 poles, East fork of Paint; eleven miles and 160 poles, a road; fourteen miles and 40 poles, Main Paint; fifteen miles and 70 poles, Springfield road to Chillicothe; six- teen miles and 130 poles. Sugar creek ; eighteen miles and 140 poles, Rattlesnake Fork ; twenty miles and 58 poles, the corner made by the surveyor of Fayette county; twenty miles and 182 poles. a branch of Massies creek; thence N. 3º W. nine miles and 87 poles, to a stake in Champaign county line, crossing a branch of Massies creek at 100 poles; another at 214 poles; seven miles and 278 poles, the Little Miami; eight miles and 208 poles, a branch of the Little Miami; thence N. 87º E., six miles to a stake, a burr oak, hickory and black oak, bearing trees. Crossing a branch of the Little Miami at 220 poles; at two miles and 284 poles, the state road leading from Xenia to John Graham's; thence N. 3º W., twenty miles and 130 poles, to three white oaks (two from one root), two black oaks and two hickories, supposed to be the southwest corner of Delaware county. Crossing at two miles and 254 poles, the new state road ; four miles 116 poles, Wolf run; four miles 160 poles, Urbana road; five miles 25 poles. a branch of Deer creek: six miles 76 poles, state road from Franklinton to Springfield ; seven miles 160 poles, Deer creek ; nine miles 130 poles, a road by Graham's to Urbana ; fourteen miles 254 poles. Little Darby: sixteen miles 180 poles, Little Lake; seven- teen miles 260 poles, branch of Little Darby; thence east fourteen miles and 300 poles, to the northwest corner of Franklin county, a stake, burr oak and two ash trees. Cross- ing a branch of Little Darby at 170 poles; the line made by Champaign surveyor, at" one mile 246 poles; main Darby at seven miles 124 poles, etc.

"P. MCLENE, S. M. C."

The chain carriers weer Isaac Hudson, Walter Watson, Joseph Brown. Abraham Denton and Samuel Brown, while the markers were Skinner Hudson and Abraham

MADISON COUNTY, OHIO.

Watson. In ascertaining the center of Madison county. Benjamin Strong and Henry Warner served as chain carriers. Patrick MeLene was paid the sum of eighty-two dol- lars and fifty cents for his services in finding the center of the connty and running the boundary lines as described above: while the chain carriers and markers each received one dollar per day. If there has ever been a survey of the line between Madi- son and Franklin counties, it is not on record in London, the book exhibiting a blank space where each survey was evidently intended to be transcribed.

AN EARLY BOUNDARY DISPUTE.

Upon the erection of Union county, in 1820, the commissioners of Madison ordered the clerk to notify the board of Union county that they were willing to give them two miles and a half off the north end of this county, the line to be run parallel with Root's line. It seems. however, that the line between Madison and Union counties was not established in a satisfactory manner. for it is found that in May. 1823. Patrick MeLene, auditor of Madison county, and the auditor of Union, agreed to order out the surveyors to establish the line in dispute between these counties. David Chapman was appointed on the part of Madison county, and the following survey was made May 24, and report- ed by him June 2. 1823:

"To the Auditor of Madison County -- Pursuant to your order, to me directed, I attended with Alexander Robison, deputy surveyor of Union county. We proceeded on the 22d inst. to survey the line between the county of Madison and Franklin, from Delaware where the east line of Union county crosses said line; thence south two and a half miles, and made a corner for Union, set a post from which a beech twenty inches in diameter bears N. 20° E., twenty-two links distant; and an elm six inches in diam- eter. bears S. 32° W .. twenty-five links distant: thence west fifteen miles and 298 poles. First mile tree. a white oak twenty-four inches in diameter: crossed Sager's run at one mile and 315 poles: second mile tree. a small hickory; third mile tree, an elm; crossed Darby at three miles and 80 poles; fourth mile tree, a small white oak; crossed road from Sager's mill to London. at four miles and 50 poles: fifth mile tree, a white oak eighteen inches in diameter: sixth mile, a stake in a prairie: seventh mile tree, blazed a tree; then run and measured north two and a half miles, and found the old Delaware and Madison line at that distance, returned to said blazed tree and continued our line west ; eighth mile tree, a large burr oak; ninth mile tree, a small jack oak; tenth mile, a hickory stake; road from Mitchell's to London, at ten miles and 70 poles; eleventh mile tree, a white oak ; twelfth mile tree, a white oak; crossed Little Darby, at twelve miles and 136 poles running southeast ; thirteenth mile tree, a burr oak twenty inches in diameter; crossed Little Darby at thirteen miles and 156 poles running northeast : fourteenth mile tree, a burr oak: fifteenth mile tree, a burr oak ; crossed Treacles creek three times at about 160 poles; set a post in the line of Champaign county line. for the northwest corner of Madison county. from which a burr oak fifteen inches in diameter bears north twelve links, and another burr oak fourteen inches in diameter bears S. 85° E .. twenty-one links distant."

The line between Madison and Clark counties was still unsettled. On the records, bearing date of June 11. 1824, is found the following: "Ordered by the commissioners of Madison county, that the commissioners of Clark county be notified that they will order their surveyors to attend at the house of John Williams, on Monday. the 5th of .July. at 8 o'clock a. m .. to run and establish that part of the line between said counties, which is not yet established agreeable to an act of the Legislature passed January 29, 1821." The reader will bear in mind that upon the erection of Clark county in 1817. a portion of Madison was taken in the formation of said county. The town of South Charleston was, previous to the creation of Clark, within the limits of Madison county,

MADISON COUNTY, OHIO.

as the following record of the plat will demonstrate: "Surveyed for Conrad Critz, the foregoing platted town in Madison county, Stokes township, described as follows : Columbus street runs north 61° east, crossing Chillicothe street at right angles. Chilli- cothe street runs south 29° east. Given under my hand this 1st day of November, 1815-John T. Stewart." The names of many early settlers of that vicinity may be found in the judicial records of Madison county, as London was then their seat of jus- tice.

The last survey of any boundary line of Madison county which we find on record is the following: "August 23, 1827, surveyed for Madison county, as follows: Begin- ning at the northeast corner of Canaan township, in the line between the counties of Franklin and Madison, running with said line south one and a half miles, marked a hackberry, sugar and a hickory, for a corner between said counties; thence east two miles, marked a mulberry and a small beech for a corner between said counties (a beech for a mile tree) ; thence north four miles, and marked a beech for the northeast corner of Madison county, on the north side of the Post road; a small ash for the first mile tree, a sugar tree for the second, a beech for the third mile. David Chapman, surveyor."

FIRST COUNTY ELECTIONS.

At the first election hield in Madison county on the first Monday in April, 1810. John Moore and John Arbuckle were judges of election in Deer Creek township, receiv- ing three dollars each for their services, the latter being paid one dollar extra for taking charge of the poll book. Luther Cary was paid two dollars for acting as judge of election in Darby township, while Abraham Denton and Bazil Hunt were allowed two dollars and one dollar, respectively, for a similar service in Stokes township. Elias Langham and Patrick McLene were paid one dollar each as judge and clerk of the election in Union township, and R. Soward was allowed two dollars for bringing three books and five quires of paper from Chillicothe for the use of Madison county.

It is revealed by the records that an election was held in many of the townships on May 19, 1810. In Union, Walter Watson, David Groves and John Timmons were judges, and Patrick McLene and William Gibson, clerks, all of whom were paid one dollar. each for their services. In Jefferson township, Frederick Loyd and Henry Smith served as judges, while the clerks were Lewis Foster and James Moore. The compensation was the same as in Union township. At the same election William Blaine was judge in Deer Creek township, and Amos Howard clerk in the same, each of whom were paid one dollar, while William Ross was allowed seventy-five cents for making a ballot box for the use of Deer Creek township.

The regular annual election took place on October 9, 1810, with William Franka- barger. Thomas Gwynne and William Blaine as judges in Deer Creek township, and John Pepper and Charles L. J. Atchison, clerks. In Darby township, Samuel Mitchell. Luther Cary and Samuel Robinson served as judges, with James Ewing and Thomas Robinson as clerks. The judges of Jefferson township were Thomas Foster, David Bradley and James Moore; the clerks, Paul Alder and Nehemiah Gates. In Union township, the judges were John Melvin, Benjamin Kirkpatrick and Andrew Cypherd ; while the clerks were Elias Langham and Patrick McLene. The Pleasant township judges were Forgus Graham, Enoch Thomas and John Smith; the clerks, Samuel Daw- son and David Long. In Stokes township, the only name on record is that of William Kelso, who acted as judge.

The record of these early events will preserve the names of many of the pioneer fathers, who spent their lives in Madison county, ever taking an active interest in its government, while laying the foundation for the wealth and intelligence which charac-

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MADISON COUNTY, OHIO.

terize its people today. Those judges and clerks were each allowed for their services the small sum of one dollar, while the judge who took charge of the poll book was paid one dollar, or sometimes one dollar and a half extra. At this same election. John Moore, sheriff of Madison county, was allowed four dollars for taking the abstracts of the votes to Franklin county, while Robert Ilume, clerk and recorder of Madison county, was paid five dollars for his'services in opening the election returns. Thus the reader may compare the official compensation of the pioneer days with that of today, and gain thereby a fair knowledge of the wonderful progress in population, wealth and development of this garden spot of Ohio; for as intelligence and wealth expand, so, also, do liberal ideas, resulting in a generous compensation for all classes of labor wherever just laws and honest government prevail.

EARLY LICENSE RATES AND LICENSES.

The board of commissioners met at the house of Thomas Gwynne, the temporary seat of justice, on the 11th of June, 1810, and established the following license rates for taverns in the several townships of Madison county: Union township, $4; Deer Creek, $7; Jefferson, $4; Stokes, $5; Pleasant, $4; and Darby, $4. In 1811, the tavern license was: Darby township, $4; Jefferson, $4; Deer Creek, $6; Union, $6; Stokes, $4; and Pleasant, $4. In 1812, each of the above townships paid $4, excepting Union, in which the rate was $5; and in 1813 Union township paid $6, Deer Creek $5, and the balance $4.

On the 30th of July, 1810, the court of common pleas granted a license to Thomas Gwynne for one year to keep a tavern at his house in Deer Creek township. On the following day, the court granted a license to Elias Langham, to keep a tavern at his house in Union township. In March, 1811, Thomas Gwynne was issued a license "to vend merchandise where he now lives in Deer Creek township, for one year." Thus it will be seen that Mr. Gwynne was the first licensed tavern-keeper, as well as the first merchant of Madison county after its erection.

At the same session, Nathaniel Hunter was granted a six-months liceuse "to vend merchandise as a peddler," which was reissued in 1812. In October, 1813, Hunter, who was an alien, applied "for the benefit of the naturalization laws to be extended to him." which the court granted, and, taking the oath as provided under the consti- tution, he was admitted as a citizen of the United States. This is the first naturaliza- tion case upon record in Madison county, and as such is deemed worthy of mention in its history.

In November, 1811. Peter Cutright was granted a license to keep a tavern for one year in Stokes township, and John Turner, also of Stokes township, was issued a similar permit, "to keep a public house for the accommodation of travelers where he lives in said township." In July, 1812, the court of common pleas issued licenses to Joseph Russell and Philip Lewis to keep taverns in London, the newly-laid-out county seat. In March, 1813, Robert Hume was granted a license to keep a tavern at his dwelling in London, and in June, John Gwynne obtained a license for the same purpose. At the October term in 1813, William Wilson and Joseph McKelfish secured a license "to vend merchandise in the town of London for one year." In February, 1815, William and Eli Gwynne were granted similar favors; in 1816, Thomas Needham and Robert Hume, under the firm name of Needham & Ilume, and John Brodrick & Co .; in 1817, John Moore and Elias N. De Lashmutt ; in 1819, Thomas Gwynne & Co., E. W. Gwynne and William Nelson being members of this firm. In June, 1815, William McCormick was issued a license to keep a tavern in London for one year; and, in May, 1816, James Ewing, of Darby township, was granted a license to vend merchandise for one year at his house in said township. In January, 1817, the court issued him a license to

MADISON COUNTY, OHIO.

keep a tavern at the same place. Most of these licenses were renewed again and again, and many whose names appear here kept stores or public houses of entertain- ment "for man and beast" during the greater part of the early history of Madison county.

As a matter of historical interest to the descendants of the pioneer fathers and mothers of Madison county, the following items are transcribed from the records of the court of common pleas. At the November term, 1811, "On application of the Rev. Forgus Graham, minister in the Church of Christ, license is granted him to solemnize marriage agreeable to law." At the October term, 1814, Stephen English, "a regular ordained minister of the Baptist church," was granted a license to solemnize marriages throughout Ohio. In February, 1815, Richard E. Pearson, "an elder of the Christian church, regularly ordained," was granted a license to celebrate the bond of marriage all over the state. In 1816, John M. Foster, an elder of the Christian church, and Jeremiah Converse, a minister of the Methodist church, were issued licenses to perform marriages any place in Ohio. Many others got similar authority, but these are the earliest names found upon the records, and demonstrate that ministers had to obtain the consent of the state ere they could lawfully perform the marriage ceremony therein.

PIONEER LISTERS.

On the commissioners' docket is found a record of the first appraisement of prop- erty in Madison county, from which the following items are culled: "June 11, 1810, or- dered that there be allowed to John Simpkins the sum of $6.25 for five days attendance while listing and appraising houses, making out duplicates and returning the same for Union township by order of the board." Joseph Kendle was paid the same sum for a like work in Stokes township; David Foster, $5 for four days, listing, etc., in Deer Creek ; James Ewing, $5 for four days, in Darby ; Thomas Foster, $3.121% for a similar labor in Jefferson, and Samuel Scott, $5 for four days, appraising and listing, in Pleasant township. At the same time Patrick McLene was appointed lister for resident lands in Madison county, and subsequently was paid $27 for eighteen days of service in per- forming said work.

WOLF SCALPS.

In the early settlement of the Scioto valley, one of the greatest nuisances to the settlers was the large number of wolves infesting the country. These pests, although not specially dangerous, were continually killing the smaller and younger stock of the pioneers, so that it became a necessity to enact laws whereby to rid the settlementi of them. At a meeting of the commissioners held on July 31, 1810, it was ordered "that there shall be allowed for all wolf scalps killed after the 1st day of March, 1810, within the boundaries of Madison county, that is over six months old, the sum of $2, and for all wolves killed within said boundaries that are under six months old, the sum of $1 for each scalp, by order of the board." The first person to take advantage of this law was Thomas Gwynne, who was paid $2 for an old wolf scalp in July, 1810. In September, Daniel Kent received $2 for an old wolf scalp, while William Atchison was paid $9 for the scalps of nine young wolves. These prices were paid for the pur- pose of exterminating the scourge, until September, 1817, at which time the law was abolished, yet the people kept up the war by regular hunts until none were left to spread havoc among the peaceful flocks and herds of Madison county.

TAXATION AND EXPENDITURES.

It will, doubtless, be of interest to the general reader to give a brief summary of the receipts and expenditures of Madison county during the first years of its existence, and as history, at best, is but a dry compilation of facts, here is given a verbatim report

MADISON COUNTY, OHIO.

of the early taxation of the county as copied from the commissioners' journal of June 11, 1810: "Ordered. that the rate of taxation be on all horses, mares, mules and asses of three years old and upward, each 30 cents per head; on all stud horses the same rate per season; on all neat cattle of three years old and upward, each 10 cents per head, and on all houses, one-half per centum on the appraised value, by order of the board." This rate of taxation was also adopted for the years 1811, 1812 and 1813.

"August 20, 1810, delivered the duplicates of the state tax to John Moore for col- lection, and the auount of said tax appears, as per the duplicates delivered to me by the different listers, $359.47 cents, 314 mills." Under the same date is the following notation : "Delivered the duplicates of the county tax to John Moore for collection, and the amounts of said duplicates appear to be $321.20." The state tax of Madison county for 1811 was $402.59 and 4 mills, and the county tax $357.65. In 1812, the state tax was $353.49, and the county tax $535.57. The first settlement was made with the county treasurer, Thomas Gwynne, June 11, 1811, the journal of that date reading as follows: "This day came to a settlement with the county treasurer, and received orders to the amount of $534.70, being the amount of the orders redeemed by the treasurer for the taxes, tavern and store license, fines, etc., for the year 1810." The full expenses for 1810 was $626.66 and 5 mills, and for 1811, $1,179.74 and 4 mills, making the total expenses for the first two years of the county's existence $1,806.40 and 9 mills. The reader thus may discern that the business of Madison county was run on a very eco- nomical basis during its early career. The population was small and money was scarce, and, to use the phrase of an old pioneer, "a dollar looked as big as a cartwheel." There was no extravagance, because such a thing was impossible, and where there was no money, money could not be spent. This, then, was the reason why economy prevailed, and not that men were more upright or honest than they are today. All honor to those fathers who guided the affairs of Madison county in her infancy, and equal honor to their sons who have so worthily taken their places and preserved their fair fame in their own lives.

THE COUNTY SEAT.

In 1810, the court of common pleas of Franklin county appointed Philip Lewis, director, to lay out the county seat of Madison county, the site of which previously had been selected by John Pollock and George Jackson, who were paid fourteen dollars each by the commissioners of this county for their services in making said selection. There is nothing on record to indicate the location of this prospective capital of Madi- son county, but the plat made by Mr. Lewis is recorded and bears date of having been certified to before Thomas Gwynne, a justice of the peace of Deer Creek township, November 13, 1810. Mr. Lewis was allowed by the commissioners of this county the sum of twenty dollars for his services in laying off the town; while two days were spent by John Arbuckle in selling lots in the new county seat, and money was appro- priated and bids advertised for, toward the erection of a jail, All this is a matter of record, but while the index to the recorded plats of towns reads "Madison, Deer Creek Township, Philip Lewis, Director," some of the old settlers claim that London is built upon the site of the town laid out by Mr. Lewis, which bore the same name as the county, and that the item recorded is a mistake. The historian has no opinion. to venture upon the subject, as there is nothing upon record to determine its exact location, and as the main points connected with its history are here given, the reader is at liberty to draw his own conclusions, bearing in mind, however, that the townships of Union and Deer Creek were erected on the same day, and that the territory com- prising either was never a part of the other.

During the legislative session of 1810-11, Peter Light, Allen Trimble and Lewis Newsom were appointed by that body to select a location for the county seat of Madison

MADISON COUNTY, OHIO.

county. Upon hearing of this action, the county commissioners agreed to postpone the sale of the jail previously advertised, until such time as a permanent selection should be made by the commissioners appointed by the Legislature. After examining different localities, their final choice fell upon the land of John Murfin, in Union town- ship. They came to this decision on April 9, 1811, and on August 19, following, their report was presented to the court of common pleas of Madison county, which appointed Patrick McLene director to lay off a town upon this land and name it London. This was accordingly done, two in-lots, Nos. 9 and 10, "on the corner of Main and Main Cross streets," being reserved for the court house and jail. The name of the latter street has since been changed to High. The plat was recorded on September 13, 1811, and the lots were sold by Patrick McLene, or under his direction. After this, not another word appears on record about the town of Madison, outside of bills presented to the commissioners and paid by them, for selecting and laying off said town, as well as for viewing and marking roads leading thereto. For further particulars of this event the reader is referred to the history of London; where will be found a complete record of the transactions connected with the selection and platting of the county seat.

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History of Madison County, Ohio : its people, industries and institution with biographical sketches of representative citizens and genealogical records of many of the old families, Part 7

Author: Bryan, Chester Edwin Publication date: 1915 Publisher: Indianapolis, Ind. : Bowen Number of Pages: 1150

Author: Bryan, Chester Edwin
Publication date: 1915
Publisher: Indianapolis, Ind. : Bowen
Number of Pages: 1150