History of Preble County, Ohio, with Illustrations and Biographical Sketches, Part 7

Author: H. Z. Williams & Brothers
Publication date:
Publisher:
Number of Pages: 559

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INDIAN TREATIES.

The Iroquois Indians or Six Nations, claimed to be the conquerors of the whole country from the Atlantic to the Pacific, and upon this assumption they based their

pretension to the ownership of the soil. Their indefi nite claim was extinguished by the terms of the treaty of Fort Stanwix, concluded October 22, 1784. The commissioners of Congress in this transaction were Oli- ver Wolcott, Richard Butler, and Arthur Lee, and the Six Nations were represented by Red Jacket and Corn- planter, two of their greatest chiefs.

The treaty of Fort McIntosh, by which the Delawares, Wyandots, Ottawas, and Chippewas relinquished all claim to the Ohio valley, was negotiated in January, 1785, by General George Rogers Clark, Richard Butler, and Arthur Lee for the United States, and the chiefs of the tribes named for the Indians. By the provisions of this treaty, the boundary line dividing these Indians from the United States was established along the Cuyahoga river and the main branch of the Tuscarawas, to its fork near Fort Laurens, thence westwardly to the portage be- tween the headwaters of the Great Miami and the Miami of the Lakes (Maumee), thence down said river to Lake Erie, and along the lake to the mouth of the Cuyahoga -the Indians being allowed occupancy of the territory included within these bounds.

Other relinquishments were effected by the treaty of Fort Finney at the mouth of the Great Miami, con- cluded with the Shawnees January 31, 1786; by the treaty of Fort Harmar, held by General St. Clair, Jan- uary 9, 1789, and by the treaty of Greenville, August 3, 1795.

By the provisions of this treaty by which the lands in Preble county were finally and perfectly secured to the United States, and which was based upon the previous treaty of Fort Harmar, the famous "Greenville Treaty Line" was established. The leading provision was as follows :

"The general boundary lines between the lands of the United States and the lands of the Indian tribes, shall begin at the mouth of the Cuyahoga river, and run thence up the same to the portage between that and the Tuscarawas branch of the Muskingum; thence down that branch to the crossing place above Fort Laurens ; thence west- wardly to a fork of that branch of the Great Miami, running into the Ohio, at or near which fork stood Laramie's store, and where com- mences the portage between the Miami of the Ohio and St. Mary's river, which is a branch of the Miami (Maumee) which runs into Lake Erie ; thence a westerly course to Fort Recovery, which stands on a branch of the Wabash ; thence southwesterly in a direct line to the Ohio, so as to intersect that river opposite the mouth of the- Kentucky or Cuttawa river."

This treaty which was one of the most thorough in measures and effectual in result, was made by "Mad Anthony Wayne." The Indians began to gather at Greenville for the conference in the month of June. Among them were the Delawares, Ottawas, Pottawat- omies and Eel River Indians. Many famous chiefs were there: "Buckougehelas," "The Little Turtle" of the Miamis, Tahre the Crane, and other Wyandots, Blue Jacket with a party of Shawnees, and Massas with twenty Chippewas.

It is a highly creditable fact, and one of which all should be proud, that the title to every foot of Ohio soil was perfected by honorable treaty with the Indians, and their claims properly compensated and extinguished.

When Ohio was admitted to the Federal Union as an

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HISTORY OF PREBLE COUNTY, OHIO.

independent State, one of the terms of admission was, that the fee simple to all the lands within its limits, es- pecially those previously granted or sold should be vested in the United States. The different lands in Ohio are more than twenty in number, and known as follows : I, Congress Lands; 2, United States Military Lands; 3, Virginia Military District; 4, Western or Connecticut Reserve; 5, Fire Lands; 6, Ohio Company's Purchase ; 7, Donation Tract; 8, Symme's Purchase; 9, Refugee Tract; 10, French Grant; 11, Dolerman's Grant; 12, Zanes Grants; 13, Canal Lands; 14, Turnpike Lands; 15. Maumee Road Lands; 16, School Lands ; 17, College Lands; 18, Ministerial; 19, Moravian Grants; 20, Salt Sections.

CONGRESS LANDS.

All of the soil of Preble county belongs to what is known as the Congress lands; Congress lands are so called because sold to purchasers by the immediate officers of the general Government, in conformance with such laws as have been from time to time enacted by Congress. These lands were surveyed and put into the market in conformance with an ordinance passed in 1785, after the several States claiming ownership had all granted deeds of cession, and after it was supposed the title had been made perfect by treaty with the Indians The congress lands were regularly surveyed into ranges, running north and south, and these into townships six miles square. The seven ranges are a portion of the congress lands and were the first surveyed by the general Government northwest of the Ohio. They lie in the eastern part of the State, and comprise what is known as the Marietta district. The other Congress lands were surveyed later and at various periods. The towhships of the Congress lands are surveyed into thirty-six sections, each a mile square. These in Preble county and else- where throughout, except in Marietta and a portion of Steubenville district, are numbered as follows:

2 I

These sections, containing six hundred and forty acres each, are again subdivided into quarters, denominated the southeast quarter section, northwest quarter section, etc., and each containing one hundred and sixty acres. Again, by a law which was made in 1820, these quarter sections were divided into equal parts, by lines running

north and south through them. These divisions, which contain eighty acres of land, are denominated the east half-quarter section No .- , and west half-quarter sec- tion No .- The minimum price of the Congress lands was originally two dollars per acre, but this was reduced by law to one dollar and twenty-five cents per acre, to be paid in cash. Originally a provision was made for the reservation of one-seventh of all the lands surveyed, for the use of the continental troops, but this plan was subsequently abandoned, and a specific appropriation of a tract made for that purpose. The United States re- served, when the lands were first put on sale, four sections out of every township, for future sale, viz : sections eight, eleven, twenty-six, and twenty-nine. Sec- tion No. 16, of every township, was reserved "for the maintenance of public schools within said township."

CHAPTER IX. COUNTY ERECTION.

THE first county proclaimed in the old Northwestern Territory was Washington, July 27, 1788, including the territory now included in about forty counties of the eastern part of the State. The next was Hamilton, es- tablished by the proclamation of the governor, January 2, 1790. The county included, originally, the lands be- tween the Little and Great Miami rivers, and was co-ex- tensive with the Symmes purchase. The land west of Great Miami was included, originally, in the territorial county of Randolph, which was composed, principally, of territory now included in Indiana, but when the State of Ohio was formed, all of the territory between the Great Miami and the Indiana line was added to Hamil- ton county. Butler county was formed from Hamilton in 1803, very soon after the organization of the State gov- ernment, and in the same year Montgomery was erected from Hamilton and Ross counties, chiefly from the for- mer. Preble county was erected in 1808, from Butler and Montgomery counties, the larger portion of its terri- tory being taken from the latter. Thus, until 1803, the few settlers in the county now included in the boundaries of Preble, were within the jurisdiction of Hamilton county, of which the seat of justice was Cincinnati. After 1803, until February 15, 1808, the inhabitants near the present south line of the county were within the jur- isdiction of Butler county, of which the seat was then, as it is now, Hamilton-and all of the other inhabitants of the county now included in Preble, were residents of Montgomery county, and, consequently, paid their taxes and transacted all other public business at Dayton.

The following is the full text of legislative act erecting the county of Preble:

AN ACT ESTABLISHING THE COUNTY OF PREBLE.

SECTION 1. - Be it enated by the General Assembly of the State of Ohio, That all that part of Montgomery and Butler counties included in the following boundaries be, and the same is hereby laid off, and erected

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HISTORY OF PREBLE COUNTY, OHIO.

into a separate and distinct county, which shall be called and known by the name of Preble, to-wit: Beginning at the southwest corner of the sixth township, first range east of the meridian, drawn from the mouth of the Great Miami; thence east along said township line to the range line between the third and fourth ranges; thence north to the northeast cor- ner of the seventh township, in the third range; thence west along the township lines to the State line; thence south to the place of beginning.

SEC. 2 .- Be it further enacted, That from and after the first day of March, next, said county of Preble shall be vested with all the powers, privileges, and immunities of a separate and distinct county; Provided, That it shall be lawful for the sheriff, coroner, constables, and collec- tors of Montgomery and Butler counties, to do and perform all the duties which they are or may be required to do in the said counties of Montgomery and Butler within the bounds of the said county of Preble; and all suits and actions which are or may be pending therein at the time of the stid division, shall be tried and determined in the same manner as though a division had not taken place.

SEC. 3 .- Be it further enacted, That all justices of the peace and other officers residing within the said county of Preble, shall continue to exercise the duties of their respective offices until successors are chosen and qualified.

SEC. 4 .- Be it further enacted, That it shall be the duty of the asso- ciate judges to divide the said county of Preble into townships, subject to the future alteration of the commissioners, and to publish the bounds of each in at least three of the most public places in said townships, and also to direct the electors of said townships to elect, on the first Monday in April, three commissioners, a sheriff, and coroner, to hold their offices until the next annual election, together with the requisite number of township officers: Provided, Notice shall be given at least ten days before the said first Monday of April.

SEC. 5 .- And be it further enacted, That the courts to be holden in the said county of Preble, shall be holden in the town of Eaton, until a permanent seat of justice shall be established in said county.

This act to be in force from and after the first day of March next. [Signed.] P. BEECHER,

Speaker of the House of Representatives.

[Signed. ]

THOMAS KIRKER, Speaker of the Senate.

February the 15th, 1808.

Preble county was named after Commodore Edward Preble, of the United States navy. At the time the county was erected the man in whose honor it was named had been dead less than two years, and his then recent services in the Tripolitan war were fresh in the memory of the people. Several localities in the United States were named after him.

Edward Preble was born at Portland, Maine, August 15, 1761. Entering the naval service when at suitable age he advanced rapidly in station, becoming a captain in 1799, and ultimately one of the most distinguished of American commanders. In his youth he acquired honor in the war of the Revolution, but the deed on which his fame was principally founded was accom- plished a quarter of a century later. In 1803 Com- modore Preble was sent into the Mediterranean, and after humbling the emperor of Morocco, he appeared with most of his squadron before Tripoli. During the month of August Tripoli was repeatedly bombarded by the American squadron, and a severe engagement took place between Commodore Preble's fleet and the gun- boats of the piratical Tripolitans, which resulted in the capture of several of the latter, with little loss to the Americans. The commander was generally praised in this country for his success, and won a high place in the hearts of the people. He died not long after the vic- tories which made him famous- on the twenty-fifth of June, 1806.

CHAPTER X.

CIVIL HISTORY-COUNTY SEAT-PUBLIC BUILDINGS- TOWNSHIP ORGANIZATION.

IN the chapter immediately preceding this one an ac- count is given of the erection of Preble county and the origin of its name. In this chapter we present an outline of the civil history of the county, including its organization, location of the county seat, description of public build- ings, division of townships, and other topics of interest.

EARLY PROCEEDINGS OF COMMISSIONERS.

The first book of the proceedings of the commission- ers of Preble county contains the following as its initial entry :

Be it remembered that on the twenty-seventh day of April, in the year of our Lord one thousand eight hundred and eight, that at the house of Samuel Hawkins, in the village of Katon, George Shidler, esquire, exhibited a certificate bearing date - 1808, from William Brown, es- quire, clerk pro tempore of the court of common pleas of said county, declaring that the said George Shidler had been duly elected a commis- sioner to serve said county until the next annual election.

Similar certificates having been presented by William R. Irwin and Samuel Hawkins, the three commissioners took their seats and proceeded to business. The board appointed Alexander Chambers Lanier, their clerk, and he took an oath to support the constitution of the United States, and of this State so long as he should continue a citizen thereof.

The board appointed William Bruce, esquire, to act as treasurer of said county for the ensuing year. After es- tablishing tavern rates of license, making provision for the payment of one dollar each for wolf or panther scalps, and attending to some minor matters of business the board adjourned sine die.

On the seventh of June, 1808, another meeting was held at which, among other transactions, it was ordered that "the courts shall be held up stairs in the house of Samuel Hawkins, in the town of Eaton, said Hawkins having agreed to give the use of said room and a table, without charge therefor." It was also further ordered that Samuel Hawkins be allowed to retain the use of public square in the town of Eaton, marked on the plan of said town by the letter A, until it shall be demanded by the commissioners of Preble county to commence a public building thereon.

COUNTY SEAT FIXED.

At a special meeting of the commissioners, held at the house of Samuel Hawkins, June 23, 1808, the clerk read a return from Aaron Harlin, Ichabod B. Halsey, and Ichabod Comin, commissioners appointed by the legis- lature to fix the permanent seat of justice of Preble county. Their return declared that the permanent seat of justice shall be "'fixt' at the town of Eaton, provided that the money, lands, lots, stone and labour, subscribed by the inhabitants of said town, shall be duly secured for the use of said county towards erecting publick build- ings."

Afterwards the board proceeded to receive and secure the donations given by the subscribers toward establish- ing Eaton as the seat of justice of Preble county. It appears from the records that Samuel Hawkins "gave to

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HISTORY OF PREBLE COUNTY, OHIO.

the county commissioners for the use of building publick buildings in the town of Eaton," the following lots known as numbers twenty-two, twenty-three, two hundred and twenty-two and two hundred and twenty-three, together with one four acre out-lot. William Bruce gave his bond for the following lots, namely : lots numbers forty, forty- four, forty-five, seventy-three, seventy-four, one hundred and three, one hundred and forty-five, one hundred and forty-seven, one hundred and forty-eight, one hundred and fifty-three, one hundred and fifty-four, one hundred and seventy-seven, and stone for all publick buildings to be quarried any place between the upper and lower falls of St. Clair's (Seven Mile) creek ; likewise two blocks of lots adjoining the main street. George Worthington gave his bond promising to donate lot number three.

The following persons gave their notes for the amounts they had subscribed towards obtaining the seat of justice at Eaton: Andrew Houss, twenty dollars in mason work ; Matthew Harbison, ten dollars in mason work; John Harbison, five dollars in mason work; Benjamin Griffith, five dollars in turners' work; William Smith, ten dollars payable in lots; Alexander Lanier, twenty-five dollars payable in materials for "gaol" or joiners' work thereon, and also twenty-five dollars payable in work on the court house; William Steele, fifteen dollars payable in work on the "gaol"; Henry Whitsell, fifteen dollars worth of iron work for "gaol"; John Hawkins, five dollars payable in quarrying stone; John Mills gave his bond to make title to the commissioners for six acres of land adjoining the northeast corner of the town plat; Jacob and John Spacht agreed to give instead of eight acres of land, the sum of forty dollars in cash, "said forty dollars to be appropriated to the use of building a gaol in the town of Eaton; John Auckerman gave his bond to make good title to two out-lots containing two acres of land.

THE FIRST COURT OF COMMON PLEAS.

The first court of common pleas in the county of Preble was held August 23, 1808, at the house of Samuel Hawkins, in Eaton. The record shows that "the Honorable Francis Dunlavy was president judge of our said court, James I. Nesbit, John Ma- roney and John C. Irwin, esquires, associate judges." There were also present Alexander C. Lanier, clerk pro tem., and Samuel Mitchell, coroner and acting sheriff.

The first grand jury consisted of John Halderman, foreman, William Wilner, George Marfield, Simeon Van- Winkle, Smith Charles, William Goodwin, James White, John Pottenger, Isaac Patton, John Ward, Hezekiah Hardesty, Hezekiah Phillips, Henry Kisling, William Sellers, Samuel Holliday. The grand jury, after being sworn, retired, conducted by John Spacht, constable. The jury returned but two indictments; one against "Mary Wallein, of Somers township, for retailing goods, wares and merchandise not the growth or manufacture of the United States," and the other against Philip Gemckle, of the county of Montgomery, for the same offense. Mary Wallein was fined six and one-fourth cents and the costs of the case, which she paid, and went her way. Gemckle proving that he had paid into

the county treasury the sum of four dollars and twenty- five cents, being the sum which he ought to pay for the time which he sold goods within the county, was dis- charged.

The first civil suit brought was that of "James Den- niston as. Jacob Fudge, on a contested election for the office of sheriff." The plaintiff being "cold," came not, and the cause was laid over "until to-morrow." On the next day, the plaintiff was "solemnly called," and not making his appearance, it was decided by the court that "the contest be dismissed at the plaintiff's cost, and that the sheriff-elect stand as sheriff, of course."

Several licenses were granted, at this and the succeed- ing term, to retail goods and wares not the growth or manufacture of the United States; and licenses were issued to James Sutton, David E. Hendricks, Samuel Hawkins and others, to sell spirituous liquors. All together, only about a dozen cases, civil and criminal, were brought before the court. The prosecutor was allowed ten dollars for his services.

THE OLD COURT HOUSE.

The first mention which the records contain of a court house is found in the county commissioners' pro- ceedings of March 4, 1812. It was then ordered that the following persons be appointed to receive subscrip- tions for the purpose of building a court house in the town of Eaton, to-wit: Abraham Miller, in Israel town- ship; Paul Larsh, in Dixon township; James Ireland, in Jefferson township; Alexander C. Lanier, in Washington township; Thomas Massie, in Somers township; Rich- ard D. Hale, in Gratis township; Peter Harter, in Lanier township; Frederick Miller, in Twin township-who shall be allowed four per cent. on all moneys or property which may be subscribed on the books kept by them and actually paid. It was further ordered :

"That the court house to be built on the above subscription shall be allowed for the use of a military house for Christians of any denomina- tion only when in public use as a court house. And unless there is four hundred dollars subscribed the subscriptions shall be nothing."

Specifications were made, and bids advertised for, for building a court house of wood, but after considerable agitation of the subject it was decided to erect a brick building, and of a size considerably larger than had originally been intended. The dimensions specified in December, 1814, were thirty by thirty feet; the building was to be two stories in height and to be completed by the December term, 1815. In August, 1815, the com- missioners entered an order that the court house should be built upon lot marked "A," in the town plat ; that the front should be twenty feet from the main street, and the west end twenty-five feet from the street running north and south. Still later it was decided that the building should be thirty-eight by thirty feet, and before the con- tract was finally let it was ordered that the structure should be forty feet square. It was not until March, 1816, that Andrew House entered into contract with William Bruce, Matthew Harbison, Robert Harbison and John Harbison as his sureties, to build the first Preble county court house according to the specifications furnished. On December 4, 1816, the commissioners

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having viewed the court house built by Andrew House, reported that they conceived it to have been built ac- cording to contract, and therefore received it on behalf of the county, and granted an order to the contractor for the sum of five hundred and thirty two dollars and ninety-five cents. The building was not completed and fully furnished until 1819 or 1820.

It was only a few years after the court house was fin- ished that it was found inadequate to the needs of the county, and from time to time additions were built or other provision made for securing extra room for the county offices.

THE PRESENT COURT HOUSE.

July 15, 1848, the board of county commissioners- James Wilson, John Patterson, and Ebenezer Pinkerton -met for the purpose of receiving proposals for the building of a new court house, for which they had previ- ously made specifications. The bids opened were as follows:

N. G. & S. H. Lockwood. $14,475

W. B. Vanhook. 15,950

P. Myers and John L. Martin. 14,950

J. A. DuSang and Goodle Pendry 15.900

Oty Wysong. 14,375

Thomas Brown. 14,900

J. M. & Thomas Cairey 15.895

Z. M. Turner. 28,900

John Elder. 21,300

Stephen Easton 15,500

A. E. Turnbull

15,535

The commissioners, after some deliberation, awarded the contract for building to N. G. & S. H. Lockwood, and they entered into bond in the sum of twenty thous- and dollars. It must not be understood that the court house was built for the sum stated as the bid of the Messrs. Lockwood-fourteen thousand four hundred and seventy-five dollars-various alterations, enlargements, and additions were ordered from time to time by the commissioners and their successors, and the building was finished at a total cost of about twenty-two thousand dollars, or about one-half more than the amount of the original bid and contract. The court house was accepted by the commissioners July 17, 1851, and settlement made in full with the builders. Although the contract originally called for the completion of the building by September, 1850, the increased work made it impossible to have the court house in readiness by that time. Dur- ing the interval between the removal of the old building and finishing of the new, the Methodist Episcopal church was rented for the use of the court for the sum of eighty dollars per year, jury rooms being also furnished by the church society.

JAILS.

At a meeting of the commissioners on the twenty-fifth of June, 1808, it was ordered that the gaol for the county of Preble be built on the square given to the town of Eaton by William Bruce, "for publick purposes," and known as lot "A," and on the southeast corner of said square, adjoining to the lot of Samuel Hawkins on the east, and the alley on the west. On the third of August specifications were decided upon by the commissioners,

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History of Preble County, Ohio, with Illustrations and Biographical Sketches, Part 7

Author: H. Z. Williams & Brothers Publication date: Publisher: Number of Pages: 559

Author: H. Z. Williams & Brothers
Publication date:
Publisher:
Number of Pages: 559