History of Marietta and Washington County, Ohio, and representative citizens, Part 60

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J
Publication date: 1902
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1490

USA > Ohio > Washington County > Marietta > History of Marietta and Washington County, Ohio, and representative citizens > Part 60

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The price of production varies as every- thing else. But it is perhaps a little higher now than it has been for the last 10 years.

It is almost impossible to find a good prop- erty, where all equipments are first-class, that the owners do not ask $1,000 per barrel for the sante. In fact there are many properties in our county that could not be bought for $1,000 per barrel. With this as a basis, the producing properties of Washington County would sell for $1,000 times 3,874, or $3,874,- 000.

CAPITAL INVESTED IN WASHINGTON COUNTY.

To find the amount of money represented by the oil industry in Washington County it is necessary to add to the sum that represents the lease values the amount the Standard Oil Com- pany has invested in pipe lines and Stations, which is as follows:

293 miles of 2-inch line pipe at 1112 cents per foot $177.909 60

79 miles of 3-inch line pipe at 2412 cents per foot 102,194 40 40 miles of 4-inch line pipe at 35 cents per foot 73,920 00 4 miles of 5-inch line pipe at 4712 cents per foot 10,032 00

37 miles of 6-inch line pipe at 61 cents per foot 119.169 00

$483.225 00

The principal Pumping Stations are situ-

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HISTORY OF MARIETTA AND WASHINGTON COUNTY,

ated at Elba, Payne, Wolf Creek and Lowell, and represent $50,000 at least.

The representation of the oil industry of Washington County, Ohio, would be, in mon- ey as follows :

Value of leases $3,874.000 00

Value of pipe lines 483.225 60

Stations 50,000 00

Total $4.407,225 60

This investment is larger than the ap- praised value of all the real estate in the city of Marietta, which in the last appraisement was $4,113.360.

The Standard Oil Company paid for labor, in caring for their interests during the last year, $150.000. This, added to the sale of oil, $1,813,225.00, will give the annual in- come direct from the oil industry, $1.963,225. The total value of all horses, cattle, mules, sheep and hogs that was reported by the as- sessors of the county for the last year, was $803.343, or less than one-half the annual in- come from the oil industry.

THE FUTURE PROSPECTS.

In the list of townships, it will be noticed that all east of the Muskingum River are pro- ducers, and the four non-producing townships are well to the west, where they have not been thoroughly tested as yet. But the wild-catter is at work out in the west end as never before, and as he has been very successful, so we think his success will continue, and it will not be long until every township in the county will be a producer.

On the east side of the Muskingum, the following sands are productive: first Cow Run ; second Cow Run, Salt, Maxon, Keener, Injun and Berea. On the west side the first Cow Run is practically the only one as yet tested. So with these facts before us, we do not fear any permanent decrease in production for years to come, but, in fact, we can safely believe that Washington County, Ohio, will receive an annual income of $2,000,000 from the oil industry for the next 10 years at least.

CHAPTER XVIII.

CIVIL HISTORY OF THE COUNTY.

ESTABLISHMENT -STATISTICS OF THE POPULATION-CHANGES IN EXTENT-COUNTY SEAT- COURT HOUSE-INFIRMARY-OUR EARLY JUDICIARY-ROSTER OF COUNTY OFFICIALS.

ESTABLISHMENT.

Washington County, originally embrac- ing about half the territory now included in the State of Ohio, was established by procla- mation of Governor Arthur St. Clair on the 26th of July, 1788. Following is the law, which contains a full description of bounda- ries :

By hi Excellency. Arthur St. Clair. sq .. Governor and Commander-in-Chief of the Territory of all the United States Nordliwest of the river Ohio.

A PROCLAMATION.

To all persons to whom these presents shall come. Greeting:

WHEREAS, By the ordinance of Congress of the thirteenth of July, 1787. for the government of the territory of the United States northwest of the river Ohio, it is directed that for the due execution of process, civil and criminal, the governor shall make proper divisions of the said territory, and proceed from time to time, as rirenmstances may require, to lay ent the oart of the same where the Indian title has been ex- tinguished, into counties and townships, subject to future alterations as therein specified. Now, know ye, that it appearing to me to be necessary, for the pur poses above mentioned, that a county should be im- mediately laid out. I have ordained an l ordered, and by there presents do ordain and order, that all and singular the lands lying and being within the follow- ing boundaries, viz .: Beginning on the bank of the

Ohio river where the western boundary line of Penn- sylvania cros-es it, and running with that line to Lake Erie : thence along the southern shore of said lake to the mouth of the Cuyahoga; thence up said river to the portage between that and the Tuscarawas branch of the Muskingim; thence down the branch to the forl.s. at the crossing place alove Fort Laurens; thence with a line to be drawn westerly to the portage of that branch of the Big Miami on which the fort stood that was taken by the French in 1742. until it meets the road from the lower Shawneestown to the Sandusky; thence south to the Scioto River; thence with that river to its mouth. and thence up the Oho to the place of begin- ning : shall be a county, and the same is hereby erected into a county pamed and to be called hereafter the county of Washington ; and the said county of Washing- ton shall have and enjoy all and singular the juri -- diction, rights, bberties, privileges and inmeinities whatever to a county belonging and appertaining, and which any other county that may hereafter he eredel and laid out, shall or ought to enjoy, conformably to the ordinance of Congress before mentioned. In witness whereof 1 nave hereunto set my hand and caused the sea of the Territory to be affixed this twenty-sixth day of July, m the thirteenth year of Independence of the United States, and in the year of our Lord one thous- and seven hundred and eighty-eight.

(Signed) \. ST. CLAIR.

STATISTICS OF THE POPULATION.

The population of Washington County in 1820 was 10,425; in 1830, 11.731 ; 1840, 20,- (0)1: 1860, 30.268: 1880. 43.244: 1800. 42,- 380: 1900. 48.245.

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HISTORY OF MARIETTA AND WASHINGTON COUNTY.

Population by townships and towns :

1840

1880

1890

1900

Adams, including Lowell.

791

1856

1724

1-195

Lowell.

Aurelius, including Macksburg

999

1394

1254

Macksburg.

Barlow

Belpre ..

1296

2636

2678

2761

Decatur

439

150-1

1493

1276

Dunham

900

962

1021

Fairfield.

731

Fearing.

1019

1275

1027

939

Grandview, including New Mata- moras.

514

2663

2466

2832

New Matamoras.

335

1792

1611

1632

Lawrence

571

2335

1799

1726

Liberty

515

1614

1556

1461

Ludlow

539

1375

1218

1237

Marietta, including the city

2689

8830

9944 15764

Marietta city

6273 13348

Muskingum.

1192

1204

Newport

1678

25448. 2105

2564

Palmer

591

541

61-1

Salem.

881

1638

1571

1500

Warren.

931

1903

1709

1813

Waterford, including Beverly. . .

1166

2128

2370

2269

Beverly

1128

1894

1363

1348

Wesley.

991

1402

1361

1323

It will be observed that in many of these townships the population is less than it was 20 years ago, but this by no means indicates de- cadence, on the contrary, the productive pow- ers of each township were never greater than at the present time. The census figures sim- ply indicate that a part of the farming popu- lation no longer needed in cultivating the soil has gone to the towns to manufacture the agricultural implements, which now make the labors of one farmer as productive as that of two or three in former times.

CHANGES IN EXTENT.

In 1797 the formation of Jefferson County with its southern boundary corresponding with the present boundary between Belmont and Monroe and thence across nearly to the Tuscarawas cut off about one half of the ter- ritory included in Washington County, as first organized. The organization of Gallia Coun- ty, in 1803, took off a large territory from the south. Muskingum still further reduced

it on the north in 1804; and Athens County was taken from the western boundary in 1805. The organization of Monroe County, in 1813, brought its eastern boundary still further down the Ohio; and Morgan County was carved from its northern border in 1818. A small strip of territory was taken in 1851 to contribute to the forming of the last of the 88 counties in Ohio, and thus Washington Coun- ty assumed its present form.

COUNTY SEAT,

In the civil history of the county, there is little that is exciting or curious. Many of our Western counties, and some in Ohio, have had their county seat disputes, intense in their bitterness, but the first settlement having been made at Marietta, that became the seat of jus- tice as a matter of course and there has been very little disposition to remove it. About 1815 there was some effort made to remove the county seat to Waterford, which at that time would have been not far from the center of the county, and a petition a little later was to be sent to the Legislature asking for such re- moval. But this proposal was promptly check-mated by the erection of Morgan Coun- ty which left Waterford out of the question.

COURT IIOUSE.

The corner-stone of the new Court House, which looks in its grandeur as if it were built for the centuries, was laid with Masonic cer- emony, April 9, 1901, and the building was ready for use in the summer of 1902. A de- scription of the courts held in this county is given by the official reporter, Mrs. Lillian T. Wood.

INFIRMARY.

In 1838, a farm was bought about two miles east of Marietta for a "Poorhouse," or as it has been called since 1851. "County In- firmary." Various additions and improve- ments have been made at different times. Of

533

44%

1200

1271

1454

758

Independence

590

817

441

381

712

Watertown

WASHINGTON COUNTY INFIRMARY.

427

AND REPRESENTATIVE CITIZENS.

the origin of the Children's Home, which is situated on the Muskingum about a mile above Marietta, the reader will find a full descrip- tion in chapter VII.

OUR EARLY JUDICIARY. (By Lillian T. Wood.)

October 16, 1787-six months before the pioneers landed at Marietta-Congress had appointed James Varnum, S. H. Parsons, and John Armstrong to the judicial bench of the territory; but Armstrong resigning, John Cleves Symes was appointed in his place.

Until the arrival of Governor St. Clair- which occurred July 9, 1788-the judicial au- thority was represented by a code of laws nailed to an oak tree at "the Point." Upon the Governor's arrival, a form of government was organized in which the whole power was in the hands of the Governor and three judges.

The first laws entered upon the old "Book of Record" (a priceless volume which is still in existence in the office of the clerk of the court ) was "For regulating and establishing a Militia," and was enacted July 25, 1788. Under date of the next day appears the Proc- lamation of Governor St. Clair, "Erecting all' the country that had been ceded by the In- dians, East of the Scioto River, into the Coun- ty of Washington."

On August 23rd following, a law was en- acted for establishing General Courts of Quar- ter Sessions of the Peace (and therein the power of single justices) and for establishing General Courts of Common Pleas (and there- in the power of single judges to hear and deter- mine upon small debts and contracts ) : and also a law for establishing the office of sheriff, and for the appointment of sheriffs. This is re- corded as "Published in the City of Marietta, County of Washington. Territory of the Unit- ed States, N. W. of the River Ohio, and upon the 23d day of August, in the Thirteenth year of the sovereignty and independence of the United States, and of Our LORD One thous- and. seven hundred and eighty-eight."

Some of the provisions for holding said

courts were that there should be "a Court in each County, styled the General Quarter Ses- sions of the Peace, holden and kept." That for the county of Washington should be "holden and kept in the City of Marietta on the Second Tuesday of March, June, Septem- ber, and December." Full and elaborate pro- visions were made, regulating the exact pow- er of these justices of the peace-one .clause reading,-"The Court of Quarter Sessions of the Peace may hear and determine a sentence according to the course of Common Law, the punishment whereof doth not extend to life or limb, imprisonment for more than one year, or forfeiture of goods, chattels, lands, or ten- ements, to the government of the Territory."" Jurisdiction in one extended to all the counties, and all writs signed by the clerks, respectively, of one county were subject to service by any sheriff of the Territory ; subpoenas, likewise, were issued into any county or place in the Territory. In this connection, it is history to relate that Joseph Gilman and Gen. Benja min Tupper were appointed, by the Governor, magistrates for Marietta-Griffin Greene for Belpre-Robert Oliver for Waterford. Col. Ebenezer Sproat was appointed high sheriff, and Benjamin Ives Gilman, clerk of the Court of Quarter Sessions of the Peace, and of the Court of Common Pleas. Return Jonathan Meigs was the first prosecuting attorney.

The Court of Common Pleas was provided for in the appointment and commission by the Governor of a "number of suitable persons, not exceedinig five, and not less than three" who should hold a court of record at fixed per- iods in every year, in each county, at the place where the General Court of Quarter Sessions should be kept. That for the county of Washington should be held on the Third Tues- day of March, and First Tuesday of Septem- ber. The Judges so appointed should holdt pleas of assize: and should hear and determine all manner of pleas, actions, suits, or causes of civil nature, real, personal, or mixed, accord- ing to the Constitution and laws of the Terri- tory.

The sheriff was required to take the oath

428

HISTORY OF MARIETTA AND WASHINGTON COUNTY.

of allegiance to the United States, and of of- fice, and to give bonds in the sum of $4,000; his duties, as set forth, do not differ greatly from those of the sheriff of today.

A Court of Probate was also established, with its jurisdiction, largely the same as that of today. The judge of Probate, however, was required to hold four sessions in each and every year, and "he may adjourn from time to time, or appoint a special session. The | sessions for Washington County were to be held in the city of Marietta, upon the first Mon- days of January, April, August, and October.

Then there was a still higher court, called the General Court which should "hold Pleas, Civil and Criminal, at some certain period or terms in each year, in such counties as the judges shall, from time to time, deem most conducive to the general good-timely notice of their sitting being duly given ;" to the regu- lar time should be the first Mondays of Febru- ary, October, and December "provided, how- ever, that but one term of Court be holden in each county in a year." "It is further pro- vided in case neither of the Judges shall at- tend at the time and place aforesaid, and no writ be received by the Sheriff, it shall be his duty to adjourn the Court from day to day, during the first six days of the term to which the processes shall be continued." The laws for establishing General and Probate Courts are dated August 13th, although not recorded until after the establishing of the Courts of Quarter Sessions of the Peace and that of Common Pleas.

On the 2d of September a law was passed relating to oaths of office-providing even then for those who would "affirm" instead of "sol- emily swearing" he would faithfully perform the duties of office. On the 16th of Septem- ber laws were adopted for crime and its pun- ishment. Treason heads the list-a crime which then meant almost more than now. Then four lines and a half of terse and un- flinchinig sentence for the crime of murder. Manslaughter had almost as wide latitude as it has now ( although no record of any loop-hole of escape by way of the Insane Asylum ap- pears).

Robbery, burglary, riots, unlawful assem- blies, perjury, larceny, forgery, usurpation, assault and battery, fraudulent deeds, disobe- dience of servants and children ( wherein the offender shall be sent to jail or to the House of Correction until ready to sufficiently hum- ble himself to the offended parent or master's satisfaction ), drunkenness,-"where convicted before two justices, the person shall be fined Five dimes for first offense and One dollar for each one succeeding." Then comes improper or "prophane" language, with a "whereas" and a "wherefore" couched in language so dignified and profound, with such sonorous sentences, as to strike terror to the very soul of any offender who had indulged in improper swear-words, no matter what his provocation. It might be wished that offenders of today might be similarly dealt with.

The law for the keeping of the Sabbath had no uncertain sound, and also that for reg- ulating marriages with its many curious phrases. The code is finished with the law of limitation, that for governing the militia, and for providing coroners.

But there was added a general law with the now familiar heading "An act for" &c .; this prohibits the sale of liquors to Indians, or sol- liers, the trading of foreigners with Indians. and gaming of any kind.

September 2, 1788, was the real beginning of our judiciary. The scene of that pageant has been often painted for the present gener- ation The assembling at "the Point"-the dignified procession, headed by Col. Ebenezer Sproat, with his drawn sword-its flashing blade, and his superb height and martial air inspiring the beholder with respect for his newly inducted office. Following came (1) the citizens, (2) officers of the garrison at Fort Harmar, (3) members of the bar, (4) Supreme Judges, (5) the Governor and cler- gyman, (6) the newly appointed Judges of the Court of Common Pleas. It has often been told how this august procession wended its way through a path that had been cleared from "the Point" to the Campus Martius, to the house of Col. Ebenezer Battelle, in the northwest corner of the fort, and after the

429

AND REPRESENTATIVE CITIZENS.

judges had taken their seats, and that sturdy pioneer leader of their souls-Rev. Manasseh Cutler-invoked the divine blessing upon this, the foundation of all good government for the Northwest Territory; then Colonel Sproat, in mighty proclaimed wth solemn "Oyez, Oyez," that "a court is opened

for the adminstration of even-handed justice, to the poor as well as the rich, to the guilty and the innocent, with- out respect of persons, none to be punished without a trial by their peers, and then only in pursuance of law."

Passing from this impressive ceremonial, we look at the record of that first court, as found in the old book, and dated September 9, 1788:

The Court of General Quarter Sessions of the Peace of the County of Washington, convened at the house of Col. Ebenezer Battelle, in Campus Martitis, Procla- mation being made by the Sheriff, and the Clerk's commission read. the Clerk then read the General Commission. The Court was then-by proclamation --- opened for business.

Paul Fearing was appointed as an attorney in all courts of record, and further was ap- pointed as counsel for the United States in the county of Washington. The grand jurors were called, and William Stacy appointed fore- man and first sworn; the rest were sworn by fours until all had taken the oath, Judge Put- nam then gave the charge to the grand jurors "with great propriety."

At one o'clock the court was adjourned while the grand jury were out; convening again at half past one, the grand jury returned and presented an address to the court, to which Judge Putnam replied, after which court adjourned "without day."

December 9, 1788 .- Court again convened. and two offenders were brought before Justice R. J. Meigs, charged with theft; the grand jury found an indictment against them, and they entered the plea of guilty and asked for time in which to endeavor to settle with the owner of the stotlen goods. This was effected by the payment of $20, after which the court assessed a fine of $2 and costs to each offender. The bill of costs is unique.

March 10. 1789. Court again convened at Colonel Battelle'shouse in the Campus Mar- tinis, and the grand jury were called, sworn, charged by the court and sent out, but soon returned, reporting no business to be done, so court adjourned.

The writer can find no record of a petit jury sitting on the trial of cases before the court ; mention is made of a "Traverse Jury" but no one seems to know what that was. Judge Barker, however, speaks of the difficulty of getting together enough men for either a grand or petit jury, so it must be that trials were had by a petit jury the same as now.

In January, 1790, Charles Greene was or- dered by the court to repair at once to Phila- delphia with dispatches for the Governor of the territory or the President of the United States, informing them of the dangers and perils which threatened the little colony.

During this year court hekl regular ses- sions and several minor causes were tried, but, as has been written by Judge Barker, "these people had other things to engross them, and with all interested in the same object-the ad- vancement and prosperity of the colony, and the great importance of setting well the foun- dation of their new home-there was no time nor disposition to go to law." From time to time the court made provisions for the com- fort and safety of the people in various ways.

In January, 1791, the court convened on the 3rd but adjourned until the ioth "on ac- count of an attack from the Indians on the Blockhouse at Big Bottom." Judge Barker says he has no recollection of any court being held during the four years of the Indian war, but there are brief records at irregular inter- vals seeming to indicate that court was as- sembled from time to time as special occasions warranted.

One incident is worthy of note. mentioned by Judge Barker. To collect a sufficient num- ber to form a jury Colonel Sproat had sum- moned most of the "Revolutioners" from Bel- pre and Waterford, so that by what were le- gally required to attend, and those who at- tended through curiosity a larger number of Revolutionary officers met together at court

430

HISTORY OF MARIETTA AND WASHINGTON COUNTY,

than assembled before or afterwards at any place; there was no public occasion which called the settlers together during the war, and after that the influx of settlers made it unnecessary to call many to any one point. It was the topic of general conversation that it was probable that never again would there be assembled so large a proportion of those who had been associated together in securing American independence.

During the war, the United States troops were detailed to assist the colonists in the erec- tion of a suitable block-house at "the Point;" it was made with great care; "with strong puncheon floors, bullet proof doors" &c. It was used as a fortress until the close of the war, and was then taken for a Court House, and presumably used for that until the com- pletion of the "First Court House," which we will touch upon later.

As near as can be ascertained, the location of this building which was first a fort and then used for a Court House was a little above where the First National Bank now stands, on Front street.

"Return J. Meigs, Sr., and Paul Fearing were the only professional lawyers at the be- ginning of court proceedings, and indeed tin- til after the war. Colonel Sproat, as sheriff. and Benjamni Ives Gilman, as clerk of courts, held their offices until the reformation from Federalism to Democracy." After the close of the war, court was held regularly, and the record is complete.

From a sketch by Hon. Rufus E. Harte, we learn that in 1799 the first Court House was begun under the superintendence of Dudley Woodbridge and Griffin Greene. The main building was 45 by 39 feet, two stories; the walls were three feet thick and of 18-inch square, yellow poplar logs, neatly hewed. and held together by heavy iron bolts. The front room up stairs was the court room; it was lighted by seven windows, and warmed by two huge fire-places. "Here"-says Hil- dreth-"Paul Fearing. Return Jonathan Meigs, and Jacob Burnet, the earliest attor- neys of the Northwest displayed their youth-

ful powers, and unfolded talents that few in this day can excel." And here a host of oth- ers have begun what proved to be a career of fame.

The Jail was in the back of this structure and "no malefactor ever broke jail here." This building stood on the site of our present "Old Jail."

In 1819 the necessity of a new Court House was apparent, and in 1823 the second Court House was finished-that is, the mid- dle part of the structure which was so long familiar to the present generation. A hot con- troversy preceded the selection of a site ("His- tory repeated itself" when the present building site was finally selected). Several locations were petitioned for, and at one time it was de- cided to put it on Fifth street. Governor Meigs' influence secured the present site, and through his influence, also, it was set far enough back as not to impede the fine view down Putnam street, which his friend, Dr. Hildreth, so enjoyed. The part first built contained four offices ; later, the back part was added, to accommodate the rest of the county offices, and in 1876 the front of the conglom- erate piece of architecture was added, which for more than 75 years served us as our "Hall of Justice."

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History of Marietta and Washington County, Ohio, and representative citizens, Part 60

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J Publication date: 1902 Publisher: Chicago : Biographical Pub. Co. Number of Pages: 1490

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J
Publication date: 1902
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1490