History of Muskingum County, Ohio ; with illustrations and biographical sketches of prominent men and pioneers, 1794, Part 12

Author: Everhart, J. F; Graham, A. A., Columbus, Ohio, pub
Publication date: 1882
Publisher: [Columbus, O.] : F.J. Everhart & Co.
Number of Pages: 600

USA > Ohio > Muskingum County > History of Muskingum County, Ohio ; with illustrations and biographical sketches of prominent men and pioneers, 1794 > Part 12

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The county and town were pledged, however ; their honor was involved-and in fulfillment of their pledge, the court house was completed in the summer of 1810; and, also, a smaller building for the use of the Secretary of State and State Treasurer. The latter stood just north of the west door of the present court house. By direction of the Legislature all its books, papers, etc., were committed to George Jackson; John McIntire, Wyllis Silliman, Rob- ert McConnel, and David J. Marple, for transpor- tation from Chillicothe to Zanesville.

On the 3d of December 1810, the first session of the Ninth General Assembly was held in Zanesville; they met in "old 1809," and chose Epward Tiffin Speaker of the House and Thomas Kirk Speaker of the Senate. The House occupied the room so long used by our Court of Common Pleas; the Senate sat in the larger room in the second story, afterwards known as "the old Senate Chamber."

The tenth session of the General Assemby was begun in Zanesville, December 2d, 1811. At this session a proposition was made, conditioned on the removal of the seat of government for the State Capital to a ascertain locality more central, which will be found embodied in the following act, taken from Chase's Statutes, page 776, chapter CCLXIII :

"An act fixing and establishing the permanent and temporary seats of government. [Ohio Laws, chapters 172 and 237.]

SECTION I. Be it enacted, etc., That the proposals made to this Legislature by Alexander McLaughlin, John Kerr, Lyne Starling, and James Johnston (to lay out a town on their lands, situate on the east bank of the Scioto river, opposite Franklinton, in the county of Franklin, and parts of half sections number nine, ten, eleven, twenty-five and twenty-six, for the purpose of having the permanent seat of government thereon established ; also to convey

HISTORY OF MUSKINGUM COUNTY, OHIO.

to this State a square of ten acres and a lot of ten acres, and to erect a State House, such of- fices and penitentiary as shall be directed by the Legislature), are hereby accepted, and the same and their penal bond annexed thereto, dated the tenth day day of February, one thousand eight hundred and twelve, conditioned for their faith- ful performance of said proposals, shall be valid to all intents and purposes, and shall remain in the office of the Treasurer of State, there to be kept for the use of the State.

SEC. 2. That the seat of government of this State be, and the same is hereby fixed and per- manently established on the land aforesaid, and the Legislature shall commence their sessions thereat on the first Monday of December, one thousand eight hundred and seventeen, and there continue until the first Monday in May, one thousand eight hundred and forty, and from thence until otherwise provided by law. * *

* *

SEC. 5. That said Mclaughlin, Kerr, Star- ling and Johnston shall on or before the first day of July next.ensuing, at their own expense, cause the town aforesaid to be laid out and a plat of the same recorded in the Recorder's office in Franklin county, distinguishing thereon the square and lot by them conveyed to the State ; and they shall, moreover, transmit a certified copy thereof to the next Legislature for their inspec- tion.

SEC. 6. That from and after the first day of May next, Chillicothe shall be the temporary seat of government until otherwise provided by law. Passed February 14, 1812."

Zanesville's last Legislature did what it could to supply a designation, inasmuch as the spot opposite Franklinton, proposed by the petitioners named in the foregoing act as the site for the State Capital had no name; Resolved, "That the town to be laid out at the high bank on the east side of the Scioto river, opposite the town of Franklinton, for the permanent seat of gov- ernment of this State, shall be known and desig- nated by the name of "Columbus."

From October 1, 1810 to May 1, 1812, one year and seven months, Zanesville flourished as the State Capital and then resumed the modest dignities of the county seat. While the Legisla- ture was here the courts sat in the frame build- ing of 1808 ; after the Capital returned to Chilli- cothe the "State House" became the "County Court House," and served as such until Septem- ber, 1874, when it gave way for the present ele- gant structure.

In accordance with sundry acts of the Legis- lature, ranging from 1869 to 1872, the County Commissioners exercised the power thus vested in them and advertised for bids for building the new court house. September 3d, 1874, the bids were opened, ten of which were for the en- tire work, and sundry bids for particular kinds of work. [See Commissioners' Journal, March 1, 1873, p. 87.] September 4th, 1874, the com- missioners let the contract for the entire work to

T. B. Townsend for $221.657-the lowest bid. The architect's estimate was $240,205.67. Mr. Townsend gave bond for $100,000, with J. Bur- gess and G. W. Townsend as sureties for the performance of the contract within 24 months from November 1, 1874. As might have been expected, the details in specifications in a work of this kind could not be made perfect-where expectations had been so raised-the people hav- ing been made to think of metropolitan appear- ances-having the Capital located here, could not easily descend to the consideration of an order of architecture other than of State House proportions. And yet, notwithstanding the dis- appointment in regard to this matter, and the in- creased expenditure to complete the new court house amounting to $1,403.02, the elegance and substantial character of the building abundantly compensate for the outlay.

The County Commissioners leased to the Zanesville Atheneum, the land joining "the old 1809" on the east, for library purposes for the term of "one thousand years," and, therefore, when their successors determined the site of the present court house it was found necessary to compromise with the representatives of the Athe- neum. This was amicably arranged, the county paying the representatives of the Zanesville Atheneum the sum of six thousand five hundred and seventy-five dollars, in consideration of which the ground occupied by the Atheneum was vacated and the possession released to the county.

Lots 5, 6, 7 and 8, in square 12, plat of Zanes- ville, recorded on page 28, Book A, are "appro- propriated to other public uses," by which is meant county purposes-the county having oc- cupied them since the appropriation-except a fraction of sixty feet square, being the northwest corner of said tract, which the city was permit- ted to erect buildings upon : and which the county rented of the city for some years, and when the County Commissioners decided to take posses- sion of the lots bounded on the north by Fountain Alley, south by Main street, west by Fourth street, and east by Court Alley, for a public square, the sum of eight thousand dollars was given to the city to quitclaim their right, title and interest to all and singular-the appurten- ances and buildings situated on said northwest corner of said tract. The record referred to ' does not exhibit John Mclntire's act of appro- priation, but it is so construed-since the plat containing the lots enumerated was recorded in Washington county April 29. 1802: and the right of the county to possess the lots as afore- said has not been disputed.

The dedication of the new court house took place on the first of May, 1877, with appropriate ceremonies and addresses by distinguished citi- zens ; and as the members of the bar who par- ticipated are amongst the the most honored and honorable of the profession, their contributions on that occasion have been assigned to the bar record proper, which is greatly enhanced in interest thereby.

HISTORY OF MUSKINGUM COUNTY, OHIO.

JAILS.

The first Muskingum county jail, constructed of logs in 1806-7, continned in use until a new one, with the sheriff's residence attached, was completed and turned over to the County Com- missioners January 1, 1824. This was a brick building 46x40, two stories high. The walls of that portion containing cells were twenty-two inches thick ; that of the sheriff's residence eighteen-inch walls. The upper story of the jail was for debtors, and the lower story for crimi- nals. The contract in those days for such build- ings were let by vendue or auction ; the sale of this contract took place August 12, 1822, and was bid in by James Hampson, through his act- ing agent, Simeon Wright. The price agreed upon was $5,599; and the conditions, that the building should be completed by January 1, 1824. Mr. John Burwell was the first sheriff to occupy the new building. On the night of the 16th of March, 1824, five prisoners escaped. Mr. Bur- well offered a reward of $15.00 for the return of the prisoners and their hopples. One of them repented and returned to the prison, and gave information respecting the tools which had been handed into them to enable them to make their escape. The hopples were found on Putnam Hill and returned.

In 1845 John Goshen, Robert Boggs and Littleton Moore, County Commissioners, found the old brick jail too insecure to hold prisoners. They advertised for bids for the construction of a new jail to be built of stone, to be laid in regu- lar courses, with sixteen cells for prisoners, con- structed in two tiers. The contract was let April 15th, 1845, and finished in October, 1846. It was awarded to Hugh Madden for $7.975. This jail gave way to the present building, which stands farther east, and was let to Mr. T. B. Townsend and Mr. M. Clements. The former to construct all but the inside iron work, and re- ceive $8.500. [See Commissioners Journal, 1874, page 102.] The latter to construct the in- side iron work and to receive $16.527. [See Commissioners Journal, 1875, page 193.] The total cost of the present jail being $25.027.

The Whipping Fost .- The first stood on a small mound near the jail built in 1806. The last of these ornaments to decorate the court house yard was in vogue as late as 1811. April II, of this year, the County Commissioners in- structed Jacob Crooks, Sheriff, to build a whip- ping post upon the small Indian mound alluded to at the southeast corner of the old log jail. This mound was subsequently removed, when a skeleton, some flint arrow heads and a stone hatchet were found. The bones crumbled on being exposed to the air.

The Dedication of the New Court House .- A memorable event in the history of "old Mus- kingum" afforded an opportunity to review the past, consider the present and forecast the future, and we but utter a common sentiment in saying that the efforts put forth on that occasion were creditable alike to the heads and hearts of those

who participated. The ceremonies of the dedi- cation were held in the court room, May 1, 1877, and in exemplification of what has been said, portions of the several addresses are reproduced.

Mr. E. E. Fillmore said : "The year 1874 saw the venerable structure, which for more than two generations had afforded room for our courts, demolished. Immediately after was laid the foundation of this building ; and now, in this year of our Lord, 1877, the long hoped for noble structure is finished ; a credit to our city ; a credit to Muskingum county, and the State of Ohio, -- and to-day we have met for the purpose of dedi- cating this temple of justice to the uses for which it was designed."

The County Commissioners then, by Frank H. Southard, made presentation of the building to the people of the county. He closed a very neat speech with these words: "In the name, then, and on behalf of our Commissioners, Mr. O'Neill, I now tender to the bar and public, through you as their representative, this structure, and pray its acceptance.'

This was responded to by Hon. John O'Neill, in accepting the building on behalf of the bar and public. Address of Mr. O'Neill, in part, was as follows :

"As the President of the Bar Association, and at their request, it is at once my privilege and pleasure to respond to the address in which you have been pleased, on behalf of the County Com- missioners of old Muskingum, to present in such elegant and flattering terms their compliments and these magnificent halls of justice to the courts and bar of Muskingum. The members of the Muskingum bar, with whom I have had the for- tune and the honor of associating for more than a quarter of a century, have not improperly, per- haps, imposed upon me the duty of accepting this splendid present, and of tendering appropri- ate thanks to the Commissioners and the good people of the county for the erection of the superb and commodious edifice which we this day dedicate to public uses.

Human language can but feebly express the sentiments of pride and satisfaction our associa- tion feel in contemplating this new arena of our future combats, or the thanks they most cordially extend, through me, to the Commissioners and to the people for that generous spirit of liberality which has given to Muskingum county a court house worthy of her wealth and character, and not beneath the dignity and fame which her bar at one time, at least, possessed.

Like the Phoenix from its ashes, this magnifi- cent temple rises above the ruins of its predeces- sor, which seemed to grow more venerable in decay and dearer to memory as it vanished from our view. The State House of Ohio, in the days of her young renown, and in after years the the- atre in which the intellectual gladiators of the profession grappled each other and struggled for the victors wreath on bloodless fields ; the old court house of Muskingum county bears memo- ries sacred as those that cluster around the an- cient fields of military fame. Here, in humbler

HISTORY OF MUSKINGUM COUNTY, OHIO.

apartments than these proud halls in which we delight to-day, the Casss, the Sillimans, the Culbertsons, the Herricks, the Harpers, the Stanberys, the Stillwells, the Converses, the Searles and the Goddards, went down in defeat or rose in triumph with the vicissitudes of foren- sic warfare. With the memory of their intellect- ual conflicts will be forever associated the mental photograph of the old court house that witnessed these marvelous "battles of the giants."

The people of Muskingum county have shown, by the erection of this magnificent structure, that they are not behind their contemporaries in the appliances of civilized life, nor in the culture, taste and love of order which mark the develop- ment and progress of civilized man.

Whatever may be said derogatory to the pro- fession of the law, and we willingly concede and regret its imperfections, it must ever be regarded as a responsible, arduous, honorable, glorious calling. Its members have ever stood forth the champions of liberty, the terror of tyrants, the advocates of truth, the props of Governments, the refuge of the weak and the shield of inno- cence. As the intellectual is superior to the brute force in man, so is the legal guild of a na- tion more powerful than her bannered armies. Genuine civil liberty can exist in no land where the soldier out ranks the lawyer -- where the laurels of Cæsar do not yeld to the tongue of Tully.

Let us by incessant industry and devotion to duty continue to maintain the integrity, the dig- nity and the honor of our profession. Let us shrink, as we would shun contagion, from every unworthy and dishonest practice that would tend to degrade our grand and noble calling. Let no act of ours put a stain upon the escutcheon of the Muskingum County Bar or cast a shadow athwart the fair fame our predecessors at this bar have transmitted to us to guard and defend. So shall we win the respect and admiration of all honorable men and leave to those who shall come after us the legacy of a good example and untarnished honor.'

Hon. M. M. Granger said: ["Muskingum County ; its Courts and Bar."] "The year 1876 has accustomed us to inquiry touching the occur- rences of one hundred years ago.

In the spring of 1777, as you all know, the British Ministry were hastening the preparation for the invasion of New York from Canada by the army of Burgoyne, and Washington was planning how to assemble north of Albany a force sufficient to defeat that invasion. The minds of the England and America of that day were in- tent upon Lake Champlain and the sources of the Hudson. Few white men then knew of the existence of our river Muskingum. The outer edge of the English settlements touched no foot of Ohio soil. A rude fort stood at Wheeling ; a more military work at Pittsburgh commanded the junction of the Alleghany and Monongehela rivers. but these outposts were separated, by many miles of forest and mountain, from what could be called the settled districts. Neither our

city, or county, nor our State, existed one hundred years ago. So far as this portion of the earth then possessed any political limits or organiza- tion it formed a part of the province of Canada, which, according to the "Quebec Act," passed by the English Parliament in October, 1774, in- cluded all the territory north of the Ohio and east of the Mississippi, as well as what is now the provinces of Ontario and Quebec. It is popularly supposed that what is now Ohio be- longed to Virginia and was ceded by her to the United States. I believe, however, that an ex- amination of title will result in a conviction that Virginia had no valid title to any land north of the Ohio river, except such little as resulted from the assent of the United States to Virginia's "reservation" of the tract lying between the rivers Scioto and Little Miami, known as "The Virginia Military District."

In 1758 Queen Elizabeth gave the first English patent for land in America to Sir Hum- phrey Gilbert, who upon establishing a planta- tion within six years from the date of the patent, was to own sole jurisdiction over the territory embraced within six hundred miles of said plan- tation. Gilbert failed to establish any settlement, although he tried to do so in what is now Nova Scotia.

And the first English State paper applicable to our Ohio and Muskingum history was a proc- lamation issued soon after this treaty, by which 'all the country beyond the Alleghanies' was shut against emigrants, "from fear that remote colonies would claim the independence which their position would favor ;" as wrote Lord Bar- rington : "The country to the westward of our frontiers, quite to the Mississippi, was intended to be for the Indians to hunt in and inhabit."

The 'Qubec Act,' before referred to, passed in October, 1774, eleven years after England first owned "northwest of the Ohio," as I have said, made the Ohio the southern boundary 01 Canada. By the treaty of 1783 England ceded to the United States all the land south of the lakes and east of the Mississippi, and thus, prior to Virginia's deed of cession, our nation was the lawful owner of every foot of land on our side of the Ohio river. Like a prudent farmer, how- ever, the United States, finding that Massachil- setts, Connecticut and Virginia claimed title to parts, or the whole of it, (and the claims of the New England States were every whit as valid as that of Virginia), while other States also made claims, took deeds of cession from all, and thus "quieted her title."

Ohio and the northwest were won for the na- tion by national armies commanded by Wash- ington and his generals and by the diplomacy of Franklin and Adams, supported by the patriot people of the United States. On July 13. 1787, the Continental Congress passed an ordinance for the government of the territory northwest of the Ohio. This contained the celebrated prohi- bition of slavery which formed the foundation of the policy of freedom. On August 7, 1789, the first Congress, under the constitution, substanti-

HISTORY OF MUSKINGUM COUNTY, OHIO.

ally re-enacted the ordinance of 1787, and organ- ized . The Northwest Territory,' which was governed for thirteen years by Arthur St. Clair, an emigrant from Scotland, who had served as a general officer through our Revolutionary war. By act of April 30, 1802, a State organization, embracing what is now Ohio, was authorized and became a State on November 29, 1802. The State of Ohio, when admitted to the Union, con- tained only nine organized counties. Of these five, Trumbull, Jefferson, Belmont, Fairfield and Washington, embraced nearly all of the State east of the Scioto river, while the other four, Adams, Ross, Clermont and Hamilton, included all of the State south of the Indian line and west of the Scioto, as well as a strip along the eastern bank of that river. The Indian line, to which I have referred, ran from the Tuscarawas river, at the point where the south line of Stark county crosses that stream, southwesterly along the north line of Knox county, making one straight course from the Tuscarawas to a point near the northeast corner of Darke county. The land north of the Indian line and west of the Cuyaho- ga, and nearly all of what is now Michigan, was ' Wayne county,' but the inhabited part being north of our State line the original Wayne be- came a county of Michigan. and atter 1810 Ohio created a county of that new name. Our county then possessed extended limits. Beginning on the Indian line, at what is now the northeast corner of Knox county, our west line ran along the east line of what are now Knox and Licking to the western edge of the elbow in our township of Hopewell, thence south through Perry county to the southwest corner of Clayton township. This point is north of the C. & M. V. Railway, not far east of Wolf's Station or Junction City. There our south line began and ran due east across Morgan county, keeping about three miles south of our present line and on through Noble county to the northeast corner of Jefferson town- ship, in that county. This point is about ten miles southeast from Caldwell. There our east line began and ran north to the northeast corner of what is now Tuscarawas county. What is now the north line of Tuscarawas, and so much of the Indian line as crossed Holmes county, composed our northern boundary. Thus `Muskingum county was about sixty miles long from north to south and about fifty-five miles wide, and con- tained nearly twenty-seven thousand square miles.

By a law taking effect March 15, 1808, Tus- carawas county was created; by another, on March 1, 1810, Guernsey county was constituted and our width reduced to twenty-five miles, the same as now. By another law, taking effect March 1, 1810, Coshocton county was marked off, but remained "attached" to Muskingum un- til April 1, 1811. Only one other change in our boundaries was made-by laws taking effect March 1, 1818, creating Perry and Morgan."

Judge Granger then recites what has been given above concerning the circuits and the first term of the Common Pleas Court, and that the

earliest writ that went out from that court over the signature of Abel Lewis, Clerk pro tem., was dated June 6, 1804-a capias ad respondendum- at the suit of Samuel Courier, husbandman, carter, versus James Sprague. Wyllys Silliman was attorney for plaintiff, and Philemon Beech- er, of Lancaster, appeared for the defense. The action was in slander ; damages claimed, $500, the slander charged being the use of the words, "You are a thief, and I can prove it." The declaration was in the old, verbose form. Ver- dict for plaintiff; damages, $3. This verdict was rendered in November, 1804, and, so far as the records show, was the first one in the county. Lawyer Silliman evidently was displeased with his client, for on November 20-same month- he sued out another capias as attorney for James Sprague, from whom he had just recovered $3, and arrested his former client, Samuel Courier, husbandman, carter, in a suit for $100 debt. Lewis Cass defended this suit, and at the August term, 1805, obtained a verdict, and James Sprague had to pay the costs.

THE MEMBERSHIP OF MUSKINGUM COUNTY BAR, 1804 TO 1881.

In presenting this chapter, the historian ac- knowledges having derived much valuable in- formation from the able paper on this subject by Hon. M. M. Granger, which, considering the demands upon his time, will ever be a great credit to his head as well as heart. And, also, acknowledges the fidelity of Wm. H. Cunning- ham, Jr., in searching among court records and documents, from whence the names not given by Judge Granger were obtained. Where more than one name appears the same year, they are given alphabetically ; and where absolute cer- tainty as to the time of admission was impossi- ble, the date given is that of their first appear- ance in the Common Pleas Court as attorney :

1804. Philemon Beecher, of Lancaster, was member of Congress in 1823-9 ; Commis- sioner of the road from Lancaster to Zanesville February 4, 1807 ; Incorpora- tor of the Zanesville and Lancaster Turn- pike, December 25, 1816 ; Representative from Fairfield county in 1803, 1805, 6, 7, 8 ; member of Congress from Fairfield coun- ty in 1817-19, '23, and '25. He had an · extensive practice in Zanesville.

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History of Muskingum County, Ohio ; with illustrations and biographical sketches of prominent men and pioneers, 1794, Part 12

Author: Everhart, J. F; Graham, A. A., Columbus, Ohio, pub Publication date: 1882 Publisher: [Columbus, O.] : F.J. Everhart & Co. Number of Pages: 600

Author: Everhart, J. F; Graham, A. A., Columbus, Ohio, pub
Publication date: 1882
Publisher: [Columbus, O.] : F.J. Everhart & Co.
Number of Pages: 600