History of Sandusky County Ohio with Illustrations 1882, Part 90

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Thomas Wickert, a native of Lehigh county, Pennsylvania, was born in 1809. He married in 1832 Lucy Vennor. With their six children they came to this township in 1860. The children are: James E., George Harrison, Thomas J., Mary E., Emma, and Lucy N. Wickert. James E., the second child, was born in Pennsylvania in 1834. In 1859 he married Martha Abbott, who died in 1865, leaving three children-Frank, James, and Chester. In 1866 he removed to this county, and in 1869 he married Christina Lutz, by whom six children have been born-Bert, Fred, Guy, Hattie, Daisy, and Richard.

M. B. Fry emigrated from Virginia to Seneca county in 1833, and died in Pleasant township in 1853, leaving a family of seven. children, five of whom are living.

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Littler B., the oldest son, was born in 1826. He came to Ohio with his father, and in 1865 married Belle Ramsey, a native of Pittsburg. Mr. Fry has been living in this township since 1871.

A CHARIVARI.

John Hofford lived on the lot in Ballville now occupied by the cooper shop of J. D. & George Moore. About 1841, while John Moore was building his mill-race, on which twenty Irishmen were employed, Almira Hofford was married to John Johnson, an attorney, who lived on the farm now owned by Dr. Wilson, west of Fremont. The Irishmen determined upon making It an eventful occasion by giving the newly wedded couple a serenade after the wild fashion of the day. They collected all the guns, dinner-horns and cow-bells in the neighborhood, and taking these, together with rosined boxes, horse-fiddles and a pail of powder stolen from the supply used for blasting, they proceeded to the house. At this time the excitement caused by the "patriot war" was at its highest, and a general raid was feared. When the confusion of guns, horse-fiddles, horns, etc., which was intended only to disturb the honeymoon of the lately united couple, began, the whole community was aroused. One Irishman, who knew nothing of the proceedings, expressed the thoughts of many people, when, leaping from his bed, he exclaimed: "I thought the Bredish were a cumin, and I tepped out of bed to put." The man who carried the powder pail met a serious accident. Becoming excited, he rushed with Irish ardor into the crowd of musketmen. A spark dropped into the bucket, and the explosion sent him speechless to the rear. He finally, however, recovered. This is only one of the many amusing tricks carried out by this party of witty Irishmen whose residence in Ballville is well remembered.

Here arose a controversy, which en- gendered bitter personal feeling between neighbors and led to a decision by. the supreme court of the State on an important legal question. David Moore, David Chambers and Asa B. Gavit owned the lands adjoining the river in the order named, beginning at the village of Ballville and ex- tending up for considerable distance. The controversy at first seems to have been grounded in the natural desire of both Moore and Chambers to have the exclusive use of the water-power. Chambers built a dam and erected a mill, but Moore cut off his water- power by building a dam below, thus throwing the back water on Chambers' wheel. Chambers sued Moore for trespass, but as the conclusion of the whole matter shows, was himself a trespasser, for the back-water from his dam covered the hitherto exposed limestone ledges in the bottom of the river opposite Gavit's land, to the depth of four feet.

Gavit brought suit for trespass and the case came to trial in the court of common pleas of the county. He proved at the trial that he owned certain lands bounded by the river and situated an its western bank. He also proved that by the erection of Chambers' dam the water was flowed back in the bed of the river opposite his land, so as to stand four feet deep on a stone quarry between his lands and the middle of the stream. In the original surveys the river was intersected by lines, but the area occupied by the stream when at high water mark was deducted from the whole area, so that the purchaser paid the United States for lands only to high water mark. It was, therefore, claimed by Chambers that the bed and banks of the river was public property.

The court of common pleas charged the jury that the plaintiff could set no right, in consequence of owning the lands

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on the shore, to the bed of the river adjacent to such lands. The jury on this charge gave a verdict in

favor of the defendant (Chambers).

The case was taken to the supreme court on a writ of error, where it was argued, on part of the defendant, that as the Sandusky River was declared a navigable stream no individual could acquire exclusive property in its bed. The long course of litigation was watched eagerly, not only by those having a personal interest in the parties to the suit, but by owners of river lands throughout the State, for upon its decision depended many rights and privileges liable at any time to cause difficulty. The decision of the supreme court will be of interest in this connection.

The question presented for decision in this case is, Has the proprietor of land bounded by a navigable stream a separate and individual interest or property in any portion of the bed of the river?

The cession of the United States of lands within the territory of which Ohio is now a part, was made subject to no condition with respect to navigable streams. But in the first frame of government, commonly called the Ordinance, which is fundamental in its character, it is stipulated that "navigable waters leading into the Mississippi and St. Lawrence shall be forever free" to all people of the United States. The legislation of Congress for disposition of lands has strictly conformed to this stipulation. The lands within the beds of navigable rivers have not been sold as lands to be paid for, and whether the lands have or have not been made boundaries of surveys, the and usually covered by water has been deducted from that upon which purchase money was charged. This, it is argued, is a fact conclusive to establish the position that the individual purchaser acquires no tights to the bed of the river adjoining his lands. But we do not think it properly attended with such consequence.

It is, we conceive, virtually essential to the public peace and to individual security that there should be distinct and acknowledged legal owners for both the land and water of the country. This seems to have been the principle upon which the law doctrine was originally settled, that when a stream was not subject to the ebb and flow of the tide it should be deemed the property of the owners of the soil bounding on its banks. The reason upon which this rule is founded applies as strongly in this country as in any other, and no maxim of jurisprudence is of more

universal application than that where the reason is the same the law should be the same.

If, in the case before us, the owners of the lands bounded on the banks of the Sandusky River do not own the fee simple in that stream, subject only to the use of the public, who does own it, and what is its condition? The "Ordinance" reserves nothing but the use. No act of Congress makes any reservation in relation to the beds of rivers. We find no provisions but those of the act of 1996 which are confined to reserving the use of navigable streams, and declaring the existence of the. common law doctrine in respect to streams not navigable.

A river consists of water bed and banks. At what point does the right of the owner of adjoining lands terminate, on the top or at the bottom-of the bank? At high or low water mark? Does his boundary recede and advance with the water, or is it stationary at some point? And where is that point? Who gains by alluvion? Who loses by disruptions of the streams? No satisfactory rules can be laid, down in answer to these questions, if the common law doctrine be departed from. And if it be assumed that the United States retain the fee simple in the beds of our rivers, who is to preserve them from individual trespassers, or determine matters of wrong between the trespassers themselves. It can not be reasonably doubted that if all the beds of our rivers supposed to be navigable; and treated as such by the United States in selling lands, are to be regarded as unappropriated territory, a door is open for incalculable mischiefs. Intruders upon the common waste would fall into endless broils among them-selves and involve the owners of lands adjoining in controversies innumerable. Stones, soil, gravel, the right to fish, would all be subjects of individual scramble necessarily leading to violence and outrage. The United States would be little interested in pre-serving either the peace or the property, and indeed would be powerless to do it without an interference with the policy of the State.

We do not believe that it was the intention of the United States to reserve an interest in the bed, banks or water of the rivers in the State, other than the use for navigation to the public, which is distinctly in the nature of an easement, and all grants of land upon such waters we hold to have been made subject to the common law, which in this case is the plain rule of common sense, and it is this: He who owns the lands upon both banks owns the entire river, subject only to the easement of navigation, and he who owns the land on one bank only owns to the middle of the river subject to the same easement. This is the rule recognized not only in England but in our sister States.

Before this decision was reached by the supreme court Mr. Davit died, but his administrator gained a verdict. Messrs.

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Chambers and Moore settled their diffi- culties by Moore buying Chambers out; thus giving him full and exclusive right and privilege to the water power along the Bellville rapids.

EARLY EVENTS.

It is difficult to tell who was the first white child born in this township, but our best information is that it was Margaret Frary, who was born some time in the year 1821.

A squatter named Coburg was the first citizen, so far as is known, "to end the earth chapter of life." He died about 1819. During his sickness Harriet Cochran (Mrs. Seager), was the only person in the neighborhood to wait on and care for him.

The first cemetery in the township was the one at Salem church, in the south part. This lot was set apart at the death of Mrs. Frary, who was the first person buried there. Her husband, Phineas Frary, was the second. The inhabitants of the north part of the township were accustomed to bury their dead at Fremont, then Lower Sandusky.

The early families of the north part of the township sent their children to school in Fremont; those in the south part first attended school in Seneca county, where a man named Dicely taught. The first school- house in the south part of the township was built on the Seager farm, on the east side of the river, about 1833. Moses Coleby is remembered as the first master.

TOWNSHIP ORGANIZATION.

The following petition appears on the commissioners' records, which sets forth the reason for setting apart a new town from Sandusky, and the signatures also show who were the leading men at that date in favor of a division of the townships.

To the honorable Commissioners o f Sandusky County.

SANDUSKY TOWNSHIP, STATE OF OHIO.

This petition of the undersigned, residents of San-dusky county, Sandusky township, prays, that they with the other residents of said township labor under many serious difficulties and disadvantages in consequence of the distance they have to go to the place of holding general elections. In fact, the great bounds of said township and the distance public officers reside from each other tends greatly to retard public business, particularly as it relates to the business of the township. Under these circumstances your petitioners therefore pray, that you would direct a new township to be laid out embracing township four, range fifteen, your petitioners will ever pray.

1st of March, 1822.

N. B. And your petitioners also pray that the township be called Ball's township.

[Signers]

DAVID CHAMBERS.

ASA B. GAVIT. DAVID CHARD. GILES THOMPSON. MOSES NICHOLS. JOHN WOOLCOT. JEREMIAH EVERETT.

JOHN PRIOR. ISAAC PRIOR. HENRY PRIOR. JOHN CUSTARD. BENJAMIN CLARK. T. A. REXFORD. WILLIAM CHARD.

The petition was granted and the first election ordered to be held at the house of David Chambers on the 1st Monday of April, 1822. The early records of the township are lost, so that we are unable to give the first officers elected or the civil list.

MANUFACTURING.

The water power furnished by the second rapids of the Sandusky River has been the natural means of building up a little settlement in the north part of the town-ship, which deserves to be called a village. It takes the name of the township. About 1821 three mills were built in this locality-two grist-mills, one by David Chambers, the other by David Moore; and, further up, a sawmill, by Mr. Tindall. The re-

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mains of the saw-mill are yet standing. Messrs. Moore and Chambers became in- volved in an expensive litigation, which is spoken of at length in this chapter. Moore settled the difficulty, and at the same time obtained exclusive control of the available water power by buying Chambers' farm and mill.

In 1831 Charles Choate came to Ballville and leased the shed and water power at Moore's mill, where he began the carding and fulling business. (Mr. Choate's father was one of the first settlers of Ohio, and was taken prisoner at Big Bottom during the Indian war of 1791-95.) James Moore, a son of David Moore, began the erection of a new mill in 1835, which was completed and placed in operation in 1837. Mr. Choate removed his carding machinery to this mill, where he continued the business three years longer, making a period of nine years since the beginning of wool carding. The last year he worked forty thousand pounds of wool. Mr. Choate sold his factory to Asa Otis and P. C. Dean.

The stone mill, which is yet in operation, was built in 1858 by James Moore. Mr. Moore had also built a cotton factory in 1845, but was in a short time burned out.

In 1839 James Valletti purchased an interest in the mills and real estate. The village of Ballville was surveyed and laid out in lots by Messrs. Moore and Valletti the following year.

P. C. Dean and John Moore built what is now known as the Croghan mill in 1867. Mr. Dean sold his interest to his partner, who conducted the business until his death, when it became the property of his sons. The building and machinery were destroyed by fire in 1878, but rebuilt the same year. It is now owned by J. D., George N., and C. B. Moore.

During most of the time since the sur-

vey of the village a small mercantile business has been carried on at Ballville. C. B. Moore has been in the grocery business since 1876.

THE UNITED BRETHREN CHURCH .*

The name United Brethren has been adopted successively by four distinct and separate religious organizations. Early in the fifteenth century a church was formed in Bohemia, Germany, similar to that of the Waldenses, which took the name United Brethren. In the sixteenth century a part of the German Reformed church united with the Waldenses, and formed what was called the Church of the United Brethren. In the eighteenth century was organized the Church of the Moravians or The Renewed United Brethren. These churches, though similar in name, faith, and practice, had no ecclesiastical connection.

The Church of the United Brethren in Christ was organized in the city of Baltimore, Maryland, in 1775. Its principal founder was Rev. William Otterbein, a minister of the German Reformed church. He had been sent as a missionary to America from Dillenberg, Germany, and after preaching in southeastern Pennsylvania and northern Maryland several years with great success as a revivalist, he organized an independent church which at first was called the Evangelical Reformed church, then the United Brethren church, and finally, to avoid a mixing of titles with the Moravians or United Brethren, it was called the Church of the United Brethren in Christ.

The co-laborers of Otterbein in this work were Rev. Martin Boehm, Rev. Christian Newcomer, and Rev. John Neiding, each of the Mennonite church, and Rev. George A. Guething and John G. Pfrimmer, of the German Reformed church.

* By Jacob Burgner.

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HISTORY OF SANDUSKY COUNTY.

The first great meeting (grosze versamm- lung), and the one which suggested the name United Brethren, was held at Mr. Isaac Long's in Lancaster county, Pennsylvania, and was attended largely by members of the Lutheran, German Reformed, Mennonite, Tunker and Amish persuasions.

The labors of these ministers and others who joined them, were for half a century confined almost exclusively to the Germans in Pennsylvania, Maryland and Virginia.

Since the year 1825, the German language in many places has entirely given place to the English, and the church has also spread in English communities, where it was formerly unknown.

Among the earliest religious workers in Sandusky county, Ohio, were the local and travelling preachers of the church of the United Brethren in Christ.

Previous to the year 1833 a strong tide of emigration set in towards the north-west, and among the emigrants to the Sandusky Valley were quite a number of United Brethren families, including some local preachers. These held religious meetings in their respective neighborhoods and prepared the way for the missionaries or travelling preachers which were sent into this region by the Muskingum conference, as early as the year 1829. They had a string of appointments extending from Mount Pleasant, Pennsylvania, to Lower Sandusky, Ohio. In common with other pioneers these preachers endured many trials and privations and performed much toilsome and difficult work for very meager salaries. They often met with abundant success in revival meetings and in the organization of religious societies, but owing in part to the constant shifting of population, they did not succeed in establishing permanent societies, and building churches as well as those who came later and labored in towns and villages.

Their preaching places were mostly at private houses or barns, or in log school- houses, often in widely separated neighbor- hoods, reached only by winding roads or paths cut through the woods. These routes were often almost impassable on account of high water and an almost interminable black, sticky mud. They travelled usually on foot or on horseback, and preached every day in the week and two or three times on Sunday. Their meetings were as well attended on weekdays as on Sunday. Farmers in those days cheerfully left their work to attend religious services. In times of big meetings they came from several adjoining neighborhoods, even in bad weather and over bad roads, on foot, on horseback, and not unfrequently in large wagons or sleds, drawn by ox-teams. Thirteen persons constituted a Methodist load, but United Brethren load was as many as you could pile on. At these meeting the early pioneers manifested a large-hearted hospitality, unaffected sociability, and much religious enthusiasm.

In the year 1822 Rev. Jacob Bowles came from Frederick county, Maryland and settled near Lower Sandusky (now Fremont, Ohio). He was the first Evangelical preacher in the Black Swamp. He preached faithfully to the new settlers, as he had opportunity, and opened his doors to the Methodists and to ministers of other denominations. A few preaching, places were thus established, a few classes formed, and in 1829 the general conference of the United Brethren church recognized a circuit called the Sandusky circuit. At the next session of the Muskingum conference Jacob Bowlus was elected presiding elder of the Sandusky district, and John Zahn was appointed to travel Sandusky circuit. In the year 1830 Mr. Bowlus was re-elected presiding elder, and Israel Harrington and J. Harrison as-

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signed to Sandusky circuit. These four, Zahn, Bowlus, Harrington, and Harrison are said to have been the first pioneer itinerant preachers of this church in Northwestern Ohio. During the next four years Sandusky circuit was supplied with, travelling preachers by the Muskingum conference.

In the year 1833 the general conference of the United Brethren church made ar- rangements for the organization of the Sandusky conference.

The new conference held its first session on the 12th day of May, 1834, at the house of Philip Bretz, on Honey Creek, in Seneca county, Ohio. Bishop Samuel Hiestand presided. Preachers present-John Mussel, Jacob Bowlus, George Hiskey, Jeremiah Brown, C. Zook; John Crum, W. T. Tracy, Jacob Bair, O. Strong, H. Erret, John Smith, L. Easterly, Philip Cramer, B. Moore, Daniel Strayer, Israel Harrington, Jacob Ciunt, H. Kimberlin, J. Fry, J. Alsop, Jacob Garber, Stephen Lillibridge, and John Davis [familiarly known in Northwestern Ohio as "Pap" Davis, the hatter]. Mr .. Davis labored with great faithfulness as a travelling preacher for many years, much of the time as a presiding elder. On a salary of from seventy-five dollars to one hundred and fifty dollars, he travelled on horseback from Crawford county, Ohio, to Allen county, Indiana, four times a year; year after year. The roads were extremely bad, but he seldom missed an appointment, never complained, and always wore a smile as he entered the cabin's of the West.

Stephen Lillibridge, during the eight short years of his itinerancy, travelled. the Black Swamp at a salary of less than one hundred dollars a year and preached nineteen hundred and thirty-sermons, as shown by his diary. He died at the early age of twenty-eight.

Among other successful evangelists who travelled the Black Swamp may be mentioned Rev. Joseph Bever, Rev. Samuel Long, Rev. Michael Long,. and Rev. J. C. Bright.

The second session of the Sandusky conference was held at the house of A. Beck, in Crawford county, Ohio, April 15, 1835. The following were received: Jacob Newman, Joseph Bever, Jeremiah Brown, George Newman, H. G. Spayth ;* J. C. Rice, and Joseph Logan.

In the first assignment to the fields of labor, Benjamin Moore and Joseph Bever were sent to travel the Sandusky circuit, which then extended across Sandusky county, and into the present counties of Ottawa, Huron, and Seneca. Rev. M. Long also travelled the circuit during the latter half of the year.

The other circuits of the conference were Maumee, Scioto, Richland, and Owl Creek, in Knox county, travelled respectively by S. Lillibridge, J. Alsop, J. Davis, and B. Kaufman.

The third session of Sandusky conference was held at the house of J. Crum, in Wood county, Ohio, April 26, 1836. Preachers received-John Dorcas, T. Hastings, Francis Clymer, Michael Long, Alfred Spracklin, and William Williams.

Jacob Bowlus was chosen presiding elder, and the assignments to fields of labor were: Sandusky circuit, J. Davis; Swan Creek, S. Lillibridge; Richland, Dorcas and B. Kaufman; Mt. Vernon; Jacoli Newman; Maumee, John Long; Findlay Mission, Michael Long.

The first delegates to the general, conference of the United Brethren church from the Black Swamp were John Dorcas and George Hiskey, in 1837.

The salaries paid during the year 1835-36 were: J. Brown, presiding elder, $16; B. Moore, $76; B. Kaufman, $49; Joseph

*Author of History of United Brethren Church.

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HISTORY OF SANDUSKY COUNTY.

Bever, $40; M. Long, $41; S. Lillibridge, $80; Jonas Fraunfelder, $2.50; and Samuel Hiestand, bishop, $20.50.

The circuits comprised from a dozen to twenty or more preaching places, and the preacher was obliged to travel about two hundred miles in making one round, which he usually completed in from two to four weeps. The following is an outline from memory of the appointments of Sandusky circuit in 1835, as given by Rev. Joseph Bever:

Commencing at Peter Bevers, north of Melmore, Seneca county, I went successively to Philip Bretz's, east of Melmore; Solomon Seary's, southeast of Melmore; Fred Rhodes, north of Republic; Mr. Payne's, in Huron county; the Snow school-house, near Amsden s corners, now Bellevue; Jacob Bowlus, west of Fremont; Port Clinton, Ottawa county; McNamor's or Zink's, south of Fremont; Mr. Gaines, southwest of Fremont; James Mathews, near Bas-com; Mr. Bodine's, near Fostoria; school-house near Gilboa; Dr. Hastings, on Tawas Creek; Philip Cramer's, on same; Mr. Bixler's, east of Findlay; Father Brayton's, Springville (father of the Brayton captured by the Indians); Mr. Wyant's, Tyamochtee, and at other places occasionally. It took me three weeks, travelling every day, to make the round in good weather, and I received for my salary twenty-five dollars!

The following is a list of the preachers who travelled the old Sandusky and the Green Creek circuits from the year 1834 to 1881: Benjamin Moore, Joseph Bever, M. Long, John Davis, John Dorcas, S. Lillibridge, J. C. Bright, S. Hadley, John Lawrence*, P. J. Thornton, D. Glancy, B. J. Needles, William Bevington, Wesley Harrington, R. Wicks, Jacob Newman, John French, William Jones, James Long, H. Curtis, S. T. Lane, B. G. Ogden, A. M. Stemen, Silas Foster, William Miller, Peter Fleck, R. K. Wyant, J. Mathews, D. F. Cender, S. H. Raudabaugh, D. D. Hart, B. M. Long, E. B. Maurer, A. Powell, D. S. Caldwell, and T. D. Ingle.

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History of Sandusky County Ohio with Illustrations 1882, Part 90

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