USA > Ohio > Huron County > Norwalk > History of Norwalk township, Huron county, Ohio taken from Williams' History of Huron and Erie counties > Part 6
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It is further covenanted and agreed. to dispose of right to the plar to the best advantage. either at public or private sale. or so much thereof as may be thought advisable, to be agreed on in the same manner as is above covenanted in case any difference of opinion should exist. We further covenant and agree to lay off the residue of the land into suitable outlots and farms, and dispose of the same to the rest advantage for those concerned: and whereas some one or more of the contracting parties may wish to reside on some parts of said land. it is further agreed that a preference shall be given to such in the selection cf suitable quantity of land. or such lots as be or they may choose, paying therefor such price as the same lots would sell for in market; and whereas it is doubtful in whose name a deed or contract mas be given, it is further covenanted and agreed that the person in whose name the contract is executed, or to whom the deeds may be givea, shall, prior to disposing of any of said lands. bind himself in suitable bonds. payable to the other proprietors, for the faithful accounting for all moneys received, and paying over the same to the other proprietors in the proportion they may own whenever thereunto required. Each of the contracting parties binds himself to the other, and cach of them to bear the proportionable part of the expense that may be incurred in procuring an article or a title for the above lands, or so much thereof as can be purchased. The intention of the contracting parties being to erect and build a town on some part of the above lands. if purchased. it is agreed that each one is to render all the assistance in his power to procure settlers and promote the settlement. It is further agreed, that no one of the contracting parties chall sell out his interest in said pur- chase to any person, without the consent and approbation of the other proprietors.
In witness whereof, we have hereunto set our hands and seals, and to triplicates hereof, which are delivered to each of the contracting par- ties the day and year above written, viz: October 30th, 1515.
FREDERICK FALLET, LE. S.]
PLATT BENEDICT, [L. s.]
E. WHITTLESEY, IL. S.]
Upon the execution of the foregoing contract. it was arranged that Mr. Benedict should return to Connectieut and effect the purchases contemplated, upon the best terms attainable: and he at once started. taking the following letter. addressed hy Elisha Whittlesey to his brother, Mathew B. Whittlesey, of Danbury, Connecticut, explaining the foregoing con- tract, and soliciting his co-operation:
CLEVELAND. October 31. 1:15.
THIS AGREEMENT, marle this the 30th day ot October, is15. by and between Frederick Fally, Platt Benedict and Elisha Whittlesey, wit- DEAR BROTHER: You will perceive by contract in the possession of Mr. Benedict, that he, Major Fally, and myself. design purchasing a fraet of land lying in the fourth section of the town of Norwalk. By this map you will be able to see the situation of the land among the serera! owner- Mr. Benedict will Inform you of the prospect of moving the seat of justice. The tract of land is a valuable one and can svou he disposed of, even if we should fall in the object we have in viet nesserh that they have, and by these presents do covenant, and agree to and with each other, to purchase so much of the fourth seetion. in the town of Norwalk, in the county of Huron, as is for sale, belonging co Eli Starr, Ithamer Canfield and Betsey Cantichl, Wmf. Taylor and Abigail Taylor, John Dodd and the heirs of Ephraphus W. Bull: and if the whole of their rights in said section cannot be purchasedl, then they agree to purchase so much of each of the above proprietors as can be The site on this traut, owned by Start and Canfield is a - handsome as procured, and to pay therefor at such price, and on such terms of , any one I ever saw. Mr. Benedict will descend into particulars, as also
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58 days. - 8 weeks 2 days
133
HISTORY OF HURON AND ERIE COUNTIES, OHIO.
of the land adjoining. We should be happy of having you join, and Col. Moss White, if consistent, otherwise the parts reserved will be dis- posed of here. We wish your assistance in making this purchase, and leave it tor you, Mr. Benedict and Mr. White to devise the most eligible plan. If the deed is taken in the names of a part of the proprietors. it is expected that suitable covenants will be entered into to secure the others in t :e participation of the profits of the contracts. It will be- . come necessary that those who reside here bave the disposal of the lots, and be able to give titles, or otherwise you will perceive the business would be intich procrastinated and embarrassed. The price of land in the unsettled towns adjoining is from one dollar to two dollars and two dollars and fifty cents per acre. We have not proscribed Mir. Benedict as to the price, but wish the purchase on the most favorable terms. If contract cannot be made with Starr and Canfield we propose to purchase so much as they will sell, provided they come in and are bound with the rest of us, for the building the town. But we do not wish to have any thing to do with it. unless the business is so arranged trat lauds can be disposed of with a certainty of having the title, when requested. made to the purchaser. Major Fally is a man of respectability, business and honor, and well calculated to be engaged in business of this kind. You will perceive that much confidence must be reposed in each other until such time as the title is procured and du- plicate convenants sizved for the security of each proprietor. Unless Starr and Canfield sell, they need not flatter themselves of the seat of justice, for there are other places which will be favored.
Since writing the above Mr benedict and Fally wish the title to be vested ultimately in me Of that do as you shall judge best. Mr. Ben- edict will inform you of the health of mix family, &c. In haste, Yours affectionately. E. WHITTLESEY.
The following memoranda appear on the back of this letter. in the handwriting of Platt Benedict, showing his disbursements while on the trip to make the purebase contemplated by the contract:
EXPENSES BY PLATT BENEDICT.
Nov. 19. 2 days to New Milford, and expense for horse, &c. 59 50
Jan. 26. i dlay to Now Milford and expense. 2 50
March 27. To 1 day and expenses to New Milford 2 59
To postare of 3 letters 1 1216
April 3. Cach paid Col. Taylor 10 00
do. (c. do. do. 10 00
Fostage on letter.
25
529 8712
Moss White paid do 15 00
M. B. Whittlesey do. ... 19 00
Moss White paid 19th July 25 00
59 00
P. Benedict paid do. 15 00
3 days going to New Milford to complete the business, Se., Expenses with Mrs. Buli ...
7 60
852 2714
Amount of expense and cas !. paid by P. Benedict as above, Cash paid by F. Benedict 15 00
do for expense 7 50
532 3115
April 3, 1816 .-- Contracted with Wra. Taylor for 562 acres in Norwalk, Ohio, for $1,210. Paid him $10. Plart Benedict, Matthew D. Whittlesey, Moss White notes as follows: one note on demand to Eli Mygatt, for $43 81-one to Col. Taylor, sixty days, 2256- one for $450, one year from date -one for $450, two years from date.
13th Nov., 1815 .-- P. Benedict oote on demand for $406-one note for $106 payable one year from date -- one for $100 payable2 years from date -and one of 5406 payable 3 years from date.
Matthew B. Whittlesey and Moss White, July 9th .- Faid on the note on demand $40-525 paid by M. White and $15 by P: Benediet.
which all of the original town plat of Norwalk east of Hester street was afterwards laid out. Eight hult - dred and twelve acres were also purchased of Mrs. Polley Bull for two dollars per acre. This land lies east of the Taylor tract, and all of the cast part of the present village south of the section line is built upou it. The Taylor tract was part of the claim of fire sufferer, Ezra Starr; and the Polley Bull tract was part of claim of fire sufferer, John McLean.
In accordance with the suggestion of Mr. Whit- tlesey, in his letter to his brother above given, Mathew B. Whittlesey aud E. Moss White entered into the enterprise and joined with Mr. Benedict in giving notes for the purchase price of the lands, as fully appears by many papers in the writer's possession.
On April 8, 1816, Colonel Win. Taylor executed a deed of the five hundred and sixty-two acre tract to Elisha Whittlesey; and. on June 8, 1816, Mrs. Bull executed a deed of the eight hundred and twelve acre tract to the same party. The reason of these deeds being executed to Mr. Whittlesey is fully explained in his foregoing letter. On the execution of the deeds they were at once sent on to Mr. Whittlesey. and be soon after came on, and, after consulting Major Un- derhill, employed Almond Ruggles as a surveyor to run ont a portion of the land into village lots and plat the same. On October 16. 1816, the survey and plat having been completed, Mr. Whittlesey signed and acknowledged the plat before Jabez Wright, associate judge, and the same day it was received for record and recorded in volume one of records of deeds on page seventeen. by Ichabod Marshall. recorder. The instrument recorded with the plat contains the fol- lowing dedication: "Lot thirteen is given for a site to build a court house. lot twelve a meeting house, lot one for an academy or college, and lot twenty-four for a goal " -- evidently meaning gool, or jail. The court house and jail now stand on lot thirteen, the Metho- dist Church ou lot twelve, Whittlescy Academy on lot one. and the Parker Block oa lot twenty-four.
From the fact that the gift of these lots appears . upon the records in the name of Elisha Whittlesey alone, the impression long since sprang up in this community that to him only belonged the credit of the grant. The foregoing contract and Mr. Whittle- sey's letter to his brother with the other facts grated in this history, fully disprove the correctness of that impression. Mr. Whittlesey, in executing that dodi- cation, and having it recorded. acted in fact as a trustee for himself. M. B. Whitelesey, E. M. White and Platt Benedict. and they deserve the credit jointly with him.
Mr. Benedict, having left Cleveland ou or about October 31, on horseback, reached Danbury in eleven days, making an average daily ride of over fifty miles. and. on the 15th of November, went to New Milford. Frederick Falley, living in Margaretta township, never fulfilled his part of the contract hy advancing any part of the purchase money, nor of the expenses, and was quietly dropped out. sixteen miles distant. and commenced negotiations with Colonel William Taylor, who. " in right of his wife, " held part of the desired land. After -everal such . trips. he at length, on April 3. 1816, concluded a On September 5. 181;, Mr. Benedict arrived in Norwalk township with his family, and finding his burned to the ground, at once erected another one on contract with him for five hundred and sixty-two acres, for the sum of one thousand two hundred and house, which he had put up in the spring of 181 ;. ten dollars. This purchase covered the land upon
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134
HISTORY OF HURON AND ERIE COUNTIES, OHIO.
the same site, and on November 4, 1817, commenced work clearing, as appears by the following entries selected from his account book, now in possession of the writer:
1817 .- Nov. 4. To 4 days and team clearing out road on ridge ... $5.00
1818 .- May 6. To 1 gall. whisky for hands clearing ground 1.50
: To 4 days clearing ground for county seat. 4.00
Then some change seems to have been decided upon in the arrangement and plan of the plat; as a result, four of the eight two rod alleys, between the present Benedict avenue and Medina street, were vacated, and the arrangement of lots changed to correspond, and as thus changed, it now remains; but no record was ever made of that change, and as the old plat recorded in 1816 is the only one upon the county re- cords, title searchers are puzzled, at this day, to ae- count for the wide variance between the recorded and the actual plat.
The writer has found among the papers of Platt Benedict, an ancient, mueh worn map of the present actual plat, but there is no endorsement upon it showing by whom, or when it was made. A fair copy of it is now in possession of E. S. Bonghton, present recorder of deeds.
The following entries, also taken from the account book of Mr. Benedict, give a little more light upon this change:
1818 .- June 13. To 1 day surveying and laying out town plot ..... $1.25
To boarding surveyor and hand 1 day each. .. 75
This strange omission in not having the changed plat recorded, might, long years ago, have been seized upou as a pretext for vexations litigation, but the statutes of repose have long since thrown their pro- teering mantle over it.
In che year 1817, sehemes were devised, and plans perfected for accomplishing the second step in this campaign for the capture of the county seat. Peti- tions were cireulated, and the result shows they must have been quite generally signed.
In the mean time, a number of men of energy and public spirit had come in, and settled npon the new town plat, and by the spring of 1818, it began to assume the dignity of a village. A subscription paper was circulated to raise funds for the erection of county buildings. and several hundred dollars were raised. Ahnond Ruggles was employed to go to Columbus in January, 1818, with the petitions for removing the county seat, and "lobby" a bill through the legislature: this he did successfully, and was paid for that service as appears by the following receipt, the original of which is now in possession of Miner Cole, Esq. :
Received of Peter Tice and Platt Benedict, one hundred dollars for services rendered in gomg to Columbus, for the purpose of settling the question as to the removal of the sent of justice to Norwalk, at the request of those interested.
ALMOND RUGGLES.
The bill passed by the legislature. appointed a commission of three persons " to view the present and such other sites for seat of justice, as might be shown to them in the county of Huron," and also charged the commission with the duty of appraising
the damage which those who had purchased property at the old county seat would suffer by the removal of it.
At the time appointed for a meeting of the com missioners, only two were present. The following places were applicants for the location; viz. : Abbott's place in Eldridge (Berlin); Milan, Abijah Comstock's place on section two of this town: Gibbs and Loek- wood's Corners (now Alling's Corners), Norwalk vil- lage, Monroeville, Widow Parker's (on the west sido of Huron river opposite Milan), and Sandusky City. The commission proeceded to view all the proposed sites, selected Norwalk, and appraised the damages of the several property owners at the old site at a total of three thousand four hundred and forty dollars.
Most of the foregoing facts will more fully appear by reference to the following bond which explains itself, and which was, no doubt, on important factor in determining the action of the commission:
KNOW ALL MEN BY THESE PRESENTS, That we. Elisha Whittlesey and Platt Benedict. as principals, and David Underhill, Levi Cole, Peter Tice and Daniel Tilden, as sureties, are firmly bound and obligatel to Abijah Comstock, treasurer of the county of Huron, and his successors in said office. and to Ebenezer Merry, Ephraim Quimby, Frederick W. Fowler, Lyman Fay. Ichabod Marshall, Richmond Rhodes, Othniel Fields and Joseph Kairns, in the penal sum of eight thousand dollars, to the payment of which sum we hereby bind ourselves. our heirs, and executors, firmly by these presents, signed with our hands, and sealed with our seals. this. the eighth day of May. in the year of our Lord, one thousand eight hundred and eighteen. In presence of.
The condition of this bond is such that, whereas the Legislature of the State of Ohio, on the twenty-sixth day of January, one thousand eight hundred and eighteen, passed a law appointing Abraham Tappan. Wil- liam Wetmore. and Elias Lee, commissioners to view the prescho and such other sites for seats of justice as might be shown to them in the county of Huron, and to take into consideration the necessity and pro- priety of removing said seat of justice for said county; and whereas, the said commissioners, by said act, are to appraise the damage that each person miglit sustain who had purchased in the present seat of justice in and for said county; and, whereas, the said Abraham Tap- pan, and William Wetmore. two of said committee, have attended to the duties of their appointment, and have assessed to the said Ebenezer Merry, and Ephraim Quimby, damage to the amount of two thousand, two hundred dollars; to Lyman Fay, damage to the amount of one huu- dred and fifty dollars; Frederick W. Fowler, damage to the amount of six hundred and eighty dollars; Richmond Rhodes, damage to the amount of sixty dollars: Ichabod Marshall, damage to the amount of one hundred and fifty dollars; to Othniel Fields, damage to the amount of one hundred dollars: to Joseph Kairns, damage to the amount of one hundred dollars.
And, whereas, also by said act, the damage so assessed. is to be paid to the several sufferers within two years: and, whereas, also the dona- tions heretofore subscribed for public buildings. or a sum equal thereto are to be paid within one year. Now, therefore. the condition of this bond is such that if the sail commissioners shall fix the seat of justice on the town plat of Norwalk, and the said oblizors do not pay to the said treasurer, or his sait successor in said office. for the use of the county, a sum equal to the present amount of donations for public buildings, within one year from this date, or it the said obligors do not pay the said Ebenezer Merry, and Ephraim Quimby, the said sum of two thon- sand two hundred dollars: to the said Lyman Fay, the sail sum of one hundred and fifty dollars: to me said Frederick W. Fowler, the said sum of six hundred and eighty dollars: to the said Richmond Rbcdes. the said sum of sixty dollars; to the said Ichabod Marshall, the said sam of one hitred and fifty dollars: to the said Othuiel Fields, the said sum of one hundred dollars: to the said Joseph Kairns. the said sum of one hundred dollars, within two years from this date. then this bond to be and remain in full force and effect : but if the several sums of money above mentioned he paid as above stipulated, then this bond to be null and vord.
ELISHA . WHITTLESEY. [L.s]
PLATT BENEDICT,
DAVID UNDERHILL. [L.s.]
Witness:
DAVID ABBOTT.
LEVI COLE.
BENJ. W. ABBOTT.
DANIEL TILDEN.
ESTAR TICE.
NOTE. - Copied from journalof Common Fleas Court of May tern., 1818.
135
HISTORY OF HURON AND ERIE COUNTIES, OHIO.
The location having been settled, Mr. Whittlesey proposed to deed the entire town plat, except lots number one, twelve. thirteen and twenty-four. to eer- tain individuals if they would relieve him from his liabitity on the foregoing bond. His proposition was accepted, and on May 36, 1818, they executed to him the following bond of indemnity:
KNOW ALL MEN BY THESE PRESENTS, That we, David Underhill, Peter Tice. Levi Cole, Platt Benedict and Daniel Tilden, of Huron county, are hell and stand firmly bound unto Elisha Whittlesey in the penal sum of eight thousand dollars, to the payment of which we bind our- selves, our heirs, executors and administrators, firmly by these presents. Signed with our hands and sealed with our seals this. the thirtieth day of May, one thousand eight hundred and eighteen
The condition of this bond is such that whereas the said Elisha Whit_ tlesey, heretofore a: our request, became bound as principal in a certain bond executed by him to Abijab Comstock, treasurer of the county of Hurou aforesaid and his successors in said office. in the penal sum of eight Thousand loilars. conditioned for the payment of three thousand four loindred and forty dollars, or thereabouts. to certain individuals therein named, beleg the damages a-sessed to be paid to them by the appraisal of Abranam Tappan and William Wetmore, commissioners appointed to remove the seat of justice in Huron county; and, also, having this further condition that the dunarion should be kept good for the benefit of the county aforesaid, reference being had to said bord returned to the clerk of the court of common pleas, and by him entered on the journal of said court.
Now, therefore. if the said David Underhill. Peter Tice, Levi Cole, Platt Benedict and Daniel Tilden, shall exonerate and save harmless the sail Elisha Whittlesey from all suits, legal liabilities and costs of. in and concerning said bond, by performing the conditions therein con. tained, as they severally become due, then this bond to be void and of no effect, otherwise to be and remain in full force and effect.
Signel and sealed the day and year above.
In presence of
DAVID UNDERHILL, [L. S.]
PETER TICE, [L. s.]
NATHAS STRONG,
LEVI COLE, [L.s.]
C S HALE.
PLATT BENEDICT, [E.s.]
DANIEL TILDEN. [L S.]
NOTE. - Copied from the original, now in possession of Miner Cole, Esq.
The toregoing bond having been executed May 30, 1818, on June 8, 1818, Mr. Whittlesey executed, in favor of the parties who signed said bond, a deed of lots from one to forty-eight, being the whole of Nor- walk town plat, except public lots one, twelve, thir- teen and twenty-four, which is recorded in volume II, of Huron county record of deeds, at page 445.
These parties afterwards fulfilled their obligations assumed in the two bonds, and in 1820 partitioned the lots among themselves by a joint deed, which is recorded in volume II, of Huron county record of deeds, at page SS1.
At a meeting of the county commissioners on October 21. 1818, the following resolution was passed :
Ordered, By the cominissioners, that notice be given that the commis- sioners will on the first Monday of December next. receive proposals for the building of a court-house. forty by thirty feet, and a jail.
Previous to that, however, and upon the consuma- tion of the bargain between Mr. Whittlesey and the five who bad executed the foregoing bond. the latter had commenced the erection of a court house, under a contract with William Gallup as builder, and had it so far completed that on the third Tuesday of Oeto- bez, 1818, the first term of the court at the "new county seat " was held in it.
On Monday, December 1, 1818, the commissioners caused the following entry to be made in their journal :
"Commissioners purchased a building of David
Underhill & Co., for a court house, for the sum of eight hundred and forty-eight dollars, which is to apply on their donations given at the sand ridge, except four hundred and fifty dollars, which is to be allowed to William Gallup."
The original subseription papers for the county- seat fund eannot now be found, and it is therefore impossible to determine whether the three hundred and ninety-eight dollars, above applied "on their donations given at the sand ridge," was the amount, or part of the amount, of the individual subscrip- tions of the five, composing "David Underhill & Co." but as the subseriptions were made for the benefit of the county, it is most probable that the papers were in the hands of the county officers for collection, and that by the above application they collected the whole or a part of the individual donations of Underhill, Tiee, Cole, Benedict and Tilden, and paid Gallup his four hundred and fifty dollars, balance due on build- ing, in county orders (which another part of their journal shows), trusting to further collections to meet the orders.
At a meeting of the commissioners, held Mareh 2, 1819, they caused the following entry to be made in their journal:
"Contracted with Platt Benediet to build a jail, twenty-four by forty-six, two stories. for the shin of twelve hundred and seventy-five dollars."
This contract was sub-let to Hallet Gallup, and on August 8, 1819, the commissioners caused the follow- ing entry to be made in their journal:
"Commissioners agreed to accept the jail from Hallet Gallup, and have dedveted twenty dollars from the contract, for work which remains unfinished. and have paid the balance, with this proviso: the said Gallup claims that he has done some extra work, which the contract and custom does not require, which question the said Gallup and the commissioners have agreed to submit to some disinterested judges, and abide their decree. Said decision to be submitted to S. Benton, Timothy Baker and Frederick Forsyth."
The contract price of this jail was paid in county orders, the commissioners probably relying upon the collection of donation subscriptions to meet them.
The old court house was removed many years ago, to give place to the present brick structure, and now stands in allitsoriginal "beauty" on Whittlesey avenue, and is the present "Central Hotel."
The old jail was removed in 1st2, to give place to the present Parker Block, and now stands on Rule street. north side, between Huron and Wooster street -. as a dwelling house. It, however. had not been used as a jail sinee about 1837.
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