USA > Ohio > Seneca County > History of Seneca County, from the close of the revolutionary war to July, 1880 > Part 48
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70
In offering the public lands for sale, it was so usual for the presidents in issuing their proclamations to that end, to except the school sections, sixteen, that General Jackson, in his proclamation of November, 1832, putting the Seneca reservation on the market, made the same excep- tion, which was an error, simply because the general government had agreed to sell the whole tract. (See chapter x )
Section sixteen, in Adams, was, therefore, not sold, and whenever the same shall be sold, the proceeds belong to the Senecas, if any of them still exist.
This was the only section sixteen embraced in the whole reserve in this county, and for want of a school section in Adams, the government granted to this township the west half of section twelve (12). This was done in 1827, and four years before the Senecas sold out. In Pleasant, section sixteen is on the west side of the river, and not in the reserve. The south and east lines the reserve did not embrace sections six-
Digazedby Google
475
ADAMS TOWNSHIP.
teen in Clinton and Scipio. For further particulars the reader is re- ferred to. the subjoined documents, which explain themselves.
On the 25th of October, 1843, Henry Niles, George Kline and Solo- mon Drown, trustees of Adams, filed their petition in the court of com- mon pleas of Seneca county, in which they say, that on the 29th of August, 1843, they had posted up nine notices in public places in said township, for a meeting to be held at the late residence of Ebenezer Brown, deceased, on the 30th of September, 1843, at nine o'clock A. M .; that then and there a vote would be taken for the sale of the west half of section twelve, in said township, in pursuance of an act passed March 10th, 1843. The petition says that the meeting was held, and that eighteen persons voted in favor of the sale, that the papers were all legally returned to the auditor, etc. The petition prays for an order to appraise and sell. Thomas R. Ellis, Jacob Souder and Wm. Toll were appointed appraisers. George Heming was the surveyor. The order was issued by C. F. Dreisbach, clerk, and H. C. Russell, deputy clerk. The land was sold for $2,200, and the sale confirmed. (See . Chancery Record, vol. 4, p. 421, O. L., vol. 41, p. 142.)
Now if Adams has also sold section sixteen, she has for many years enjoyed an advantage over all the other townships in the county, by the interest of the proceeds of the sale of one-half section of land
It should be remembered here (and there is no room to speak at large on the subject) that the proceeds of the sales of the school sections six- teen, were paid into the treasury of the state, and the interest is paid annually back to the townships respectively, tor educating the youth.
On the 30th day of January, 1836, the legislature of Ohio passed an act authorizing the sale of section sixteen, in Adams.
On the 3d day of April, 1837, another act was passed authorizing the auditors of the respective counties to sell the school sections, after a vote was had for that purpose. Under these two laws Levi Davis, then auditor of Seneca county, in the fall of 1839, sold all the lands in sec- tion sixteen, in Adams, made deeds for the same, and paid the money into the state treasury.
Thus the matter rested until the session of the legislature of 1845-6, when a joint resolution was passed in these words, viz:
PREAMBLE AND JOINT RESOLUTION
Relative to the confirmation of the title to section sixteen, township 3, N. R. 16 E. Seneca county.
WHEREAS, In the year 1836, section sixteen, in township three, north, in range sixteen east, in Seneca county, pursuant to an act of the general as- sembly of the state of Ohio, passed January 30th, 1836. was sold as land
Digiundby Google
476
HISTORY OF SENECA COUNTY.
appropriated by Congress for the use of schools, and full payment has been made by, and deeds executed and delivered to, the purchasers, for the same : and.
WHEREAS, Doubts have been expressed as to the title of the purchasers, and as to the appropriation of the said lands for the use of schools : and.
WHEREAS, In the year 1845. the west half of section twelve, in the same township, pursuant to an act of the general assembly of Ohio, passed March 10th, 1843, was in like manner sold as lands appropriated for school purposes : and,
WHEREAS, It is believed that all the purchasers of both tracts, purchased in the confident belief that they would acquire a good title by such purchase, and gave fair prices for the land so purchased : and,
WHEREAS, It is presumed that the United States will readily comfirm to the inhabitants of such township said section sixteen, and that it was never intended by congress that any larger quantity of land should be appropriated for such township ; therefore,
Resolved by the general assembly of the state of Ohio, That our senators and representatives in congress be requested to use their influence to procure the passage of an act of congress, providing for the confirmation of the title of section sixteen, in said township, to those holding the same by grants from the state of Ohio, and also for the payment of the purchase money of the west half of section twelve into the treasury of the United States, accord- ing to the terms of the sale thereof.
Resolved, That the governor be requested to forward copies of the above preamble and resolution to our senators and representatives in congress respectively.
ELIAS F. DRAKE,
Speaker of the House of Representatives.
SEABURY FORD,
Speaker of the Senate.
JANUARY 17, 1846.
It is scarcely necessary to say that the legislature, in passing the fore- going bungling resolution, knew nothing, or cared less, about the treaty of 1831. William Allen and Thomas Corwin were senators from Ohio in congress, and Henry St. John was representative from this district. The subjoined documents will show that the preamble and resolution were received and referred, and the opinion of Benjamin F. Butler, of New York, then attorney general of the United States, obtained.
Mr. Polk was elected president of the United States that fall, and the war with Mexico broke out. The matter slept until some six years ago, when the writer, at the request of some parties interested, caused in- quiry to be made concerning the subject, upon which the following corre- spondence took place:
Dignizedby Google
477
ADAMS TOWNSHIP.
STATE OF OHIO. AUDITOR OF STATE'S OFFICE, COLUMBUS, September 15th, 1874. )
Auditor of Seneca County, Tiffin, Ohio:
DEAR SIR: Yours of the 14th inst. is at hand. I hand you herewith copies of letters from the Commissioner of the General Land office, dated July 21st, August 10th, and September 2d.
Please bear in mind that the question is, by what authority was the land sold for school purposes ? There is no doubt that it was so sold in 1836 and 1837.
It was erroneously excluded from proclamation of sale of the Seneca reser- vation November 13th, 1831, and sold as school land in 1836. The governor of Ohio was, in 1840, advised that its selection for school purposes was im- proper, and would not be submitted for the approval of the secretary of the treasury. In 1846, Hon. D. L. Yulee, of the United States senate, in his official capacity. requested information npon the subject. Notwithstanding the question has thus been agitated, it does not appear that during all these years it has been finally disposed of, and I can hardly conceive it possible that the parties interested should be wholly ignorant of what has transpired.
It is proper to add that that part of town 3. R. 16, lying outside the bounds of the reservation. was entitled to a half section of school land, and the west half of section 12 was selected therefor in 1826. I am not aware that any additional selections were ever made for the township, which is entitled to a full section of school land. Respectfully,
JAMES WILLIAMS, Auditor of State.
STATE OF OHIO. AUDITOR OF STATE'S OFFICE, COLUMBUS. September 26th, 1874.
Hon. W. Lang. Tiffin, Ohio:
DEAR SIR : Yours of the 23d inst., in relation to the sale of section 16, T. 3. N. R. 16 E., for school purposes, is at hand. There is no question about the lands having beed sold as school land in 1836 and 1837, paid for in full. and deeds executed therefor by the governor. I can send you certified copies of the same, if desired. I presume, also, that there is no question but what the section should have been sold, with the balance of the reservation. for the benefit of the Indians. That is, it should have been inchided in the president's proclamation of sale in 1831, for it appears that the subject of title was brought before the general assembly in 1841, and a preamble and resolutions passed requesting our senators and representatives in congress to proenre the passage of an act confirming the title to said section, in said township, etc. (See Ohio laws, vol. 44, page 298.)
The question first to be determined is, did congress take any decisive action under the said resolutions ? It appears that the chairman of the committee (senate) on private lands, did make this case a matter of inquiry at the Gen- eral Land office, in February, 1846. It appears, also, that a bill was passed August 8th, 1846, relative to school lands for R. 13 E .. T. 1, N. (see U'uited States statutes at large, vol. 9, p. 674.), but from a somewhat careful examin- ation of the United States statutes at large, vol. 9. 1846-51, I do not find any
Dignizedby Google
478
HISTORY OF SENECA COUNTY.
legislation relative to this case. In 1846 William Allen and Thomas Corwin represented this state in the United States senate; Hon. Columbus Delano. secretary of the interior, represented Knox county, and Henry St. John rep- resented Seneca county in the house of representatives. If the latterat that time did not pursue this case to a final issue, it is probable that it now stands precisely as it did in 1846.
If the case remains unsettled, permit me to suggest, that it is properly stated in the preamble and resolutions of Jannary 17. 1546, and a remedy pro- posed. Such a disposition of it as would give the Indians the same average price per acre as was realized by them from the remainder of the reservation, would be equitable, and I should suppose satisfactory. Truly yours,
JAMES WILLIAMS, Auditor of State.
DEPARTMENT OF THE INTERIOR. GENERAL LAND OFFICE, WASHINGTON, D. C., November 16, 1874. )
W. Lang, Esq., Tiffin, Ohio:
SIR : Your letter of the 9th inst. is received, relative to section 16, T. 3, N. R. 16 E., in Seneca county. Ohio, and in reply, I have to state that, by the 8th article of the treaty with the Seneca Indians, dated February 28. 1831, it is stipulated that the land in question should be exposed at public sale, to the highest bidder. and hence the proposition of the present claimants of the land, in said section 16, as stated in your letter, to pay $1.25 per acre therefor, being contrary to the express provisions of the treaty, cannot be entertained by this office. Respectfully,
S. S. BURDETT, Commissioner.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, WASHINGTON, D. C., July 21st, 1874. ) 1
James Williams, Esq., Auditor State of Ohio :
SIR; In my communication of the 30th ult., you were advised that "the west half of section 12, T. 3, R. 16 E., situated in Seneca county, Ohio, was selected for schools, under the act of May 20th, 1826, in lien of section 16, then owned by the Seneca Indians ; that prior to the cession to the United States by the Seneca Indians (in their treaty of the 25th of February, 1831,) of the lands bordering on this tract, the inhabitants of town 3, N. R. 16 E., selected other tracts for school purposes, in lien of said section 16, which was then owned by said Indians, among which selections was the west half of section 12: that this selection had been approved by the secretary of the treasury on the 12th of Jannary, 1827, and had never been retroceded to the United States : that section 16, having been ceded by the Indians, it was provided in article S of the articles of agreement and convention, made February 25th, 1831, between the Seneca Indians and the United States, that the lands ceded by said Indians should be brought into market and sold for their benefit, and that there was no evidence on file in this office to show that said section sixteen has ever been proclaimed for public sale, according to said article 8."
It now appears, from a further investigation of this matter, that the whole
1
€
Dignizedby Google
479 .
ADAMS TOWNSHIP.
of the lands embraced within the late Seneca reservation, on the Sandusky river. in townships 2, 3 and 4, N. of ranges 15 and 16 East, containing 40,000 acres, were sold in accordance with the president's proclamation, dated November 13, 1831, with the exception of the 16th section, which was excluded erroneously by the said proclamation as land reserved for the use of schools.
In your communication to this office, of the 30th ult., you state that town- ship 3, having a full section 16, the same has been sold for the use of schools therein, and that it is presumed the west half of section 12, referred to, be- longs to some other township.
On the 1st of December, 1840, the governor of Ohio was advised by letter from this office that this section 16, by treaty with the Indians, is to be sold for their benefit as other parts of the reserve, and could not, as had been de- cided by the attorney general of the United States, be set apart for the use of schools, and that under these circumstances, its selection in the present case being considered improper, it was not submitted in the list of school lands for the state of Ohio, for the approval of the secretary of the treasury.
On the 4th of February, 1846, this office received a communication from the Hon. D. L. Yulee, chairman of the committee on private lands, United States senate, enclosing certain resolutions of the general assembly of the state of Ohio, in relation to section sixteen, township 3, N. R., sixteen E., in Seneca county, and requesting to be furnished with such facts in refer- ence to the subjcet as might be useful to the committee, and in reply there- to, dated February 7, 1846, Mr. Yulee was advised that, by treaty stipula- tions with the Seneca Indians the sixteenth section in question was to be sold for their benefit as other portions of the tract ceded by them, as per treaty of February 25, 1831, and could not, as had been decided by the attor- ney general, be set apart for the use of schools.
Also that the west half of section twelve, in the same township, had been selected by the inhabitants thereof, in lieu of the sixteenth section prior to the cession to the United States of the latter tract by the Indians, and the selection of said west half of section twelve was approved by the secretary of the treasury January 12, 1827. And also as per article eight of the treaty referred to, all of the lands thereby ceded must be exposed to public sale before they can be entered as otherwise disposed of.
The " articles of agreement and convention " are, in themselves, clear and unambiguous; there is no exception as to the sixteenth section. It would be an infraction of the treaty and amnjust to the Indians to admit any claim on the part of the state to any part of the lands embraced in the cession. The doctrine in such cases is stated in the opinion of Mr. Attorney-General Butler, of March 13, 1836, in the matter of the "location of the Choctaw reservation." (Opinions of attorneys general, volume 3, page 56).
The action of this office has heretofore, in similar cases, conformed to the doctrines emmeiated in this opinion.
No reason is perceived for any contrary course in this case.
In view of this recitation of facts and anthority, it follows, that in the opinion of this office, the action of the state authorities in appropriating and disposing of said section sixteen for school purposes, illegal and conveyed
DiazedBy Google
480
HISTORY OF SENECA' COUNTY.
no title to the purchasers, and that said section remains subject to sale under the provisions of the eighth section of said treaty of February 20, 1831.
Respectfully, S. S. BURDETT. Commissioner.
DEPARTMENT OF THE INTERIOR, 1 GENERAL LAND OFFICE, WASHINGTON, D. C., August 10, 1874. ) James Williams, Esq., Auditor State of Ohio:
SIR: In the matter relating to section sixteen, township 3, N. R., 16 E .. Seneca county, Ohio, and fully treated of in my communication to you of the 21st ultimo, I have to state that a copy of the above communication was laid before the honorable secretary of the interior on the 24th ultimo to obtain his orders in the matter of the sale of said section sixteen.
The secretary, by letter of the 30th ultimo, in reply to the above. con- enrred in my opinion that said section sixteen was subject to sale under the provisions of the treaty with the Seneca Indians, made February 28, 1831, authorized the tract to be sold accordingly.
In accordance with the above authority, the register and receiver, at Chillicothe, have this day been instructed to proceed in having the above traet brought into market by publication for the period of sixty days in two newspapers having the largest circulation, published nearest to the premises. and at the expiration of the above period, to offer the said section, in legal sub-divisions, to the highest bidder for cash, and not less than $1.25 per acre.
Respectfully, S. S. BURDETT,
Commissioner.
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, WASHINGTON, D. C., September 2, 1874. ) James Williams, Esq., Auditor State of Ohio:
SIR: Your letter of 17th ultimo is received. relative to section sixteen. township 3, N. R. 16 E., in Seneca county. Ohio. and in reply thereto, I have to state that on the 31st ultimo, the register and receiver, at Chillicothe. were notified to delay proceedings in the matter of advertising the above section for public sale until further orders.
It is not. however, to be understood that this offire has changed or modi- fied the views heretofore expressed relative to the status of said sections. and unless adequate reasons for a prolonged suspension are shown, the order to proceed will, at an early day, be issued.
Very respectfully, S. S. BURDETT, Commissioner. STATE OF OHIO. AEDITOR OF STATE'S OFFICE, COLUMBUS .. 187. . 1
County Auditor:
Please exense the hasty serawi enelosed, which is of value only as show- ing the attitude of the commissioner in the matter. The resohitions of January 17, 1846, referred to in the correspondence, will be found in Ohio Laws. vohne Xiv .. page 208. One would suppose that the matter would have been adjusted on equitable terms at that date. Possibly this was done.
1
Dignizedby Google
481
ADAMS TOWNSHIP.
If not, why was not the land sold for the benefit of the Indians at that date, and an additional half section of land granted the township for school pur- poses? Respectfully, CHAS. J. WETMORE, Clerk of Land Department.
The organization of Adams, noticed in chapter x., dates from December 6, 1826. It then included a tier of sections from Thompson, the Indians holding the larger portion on the west. The first township election was held on Monday, Christmas day, 25th of December, 1826, at the house of Samuel Whiteman, when the following ticket was elected:
Clerk-Abraham Rine.
Trustees-Martin Olds, L. T. Butler, Thomas Longwith.
Overseers of the Poor-Charles Shelby, Samuel Whiteman. Fence Viewers-G. Lee, Samuel Hartsock.
Treasurer-Cyrus Wright.
Supervisors-William Myers, William Mead, Francis Evans. Constable-Moses Pyatt.
In 1830 it had a population of 830 inhabitants; in 1840, 1,250; in 1870, 1,537. James Crocket, John Kersler, Daniel Rule, Ezra West, James McIntire, John Myers, Nicholas Noel and John Paine were also among the early settlers. In 1880 the population is 1,624.
Adams has a great natural curiosity that has become famous by the "water cure" establishment near Green Springs. It is the spring itself which has become celebrated by the excellent medicinal qualities of its water. The Hedges springs are near the middle of section seven, on lands formerly owned by Josiah Hedges. The Green Springs are just across the line in Sandusky county. The water comes out in large quantities, clear and cold, and the volume is neither increased nor diminished by the change of the seasons. The water from Hedges springs, flowing in a southerly direction, enters Beaver creek, flowing through Adams, entering Pleasant in section twelve and turning north- wardly it enters Sandusky county. This creek derived its name from the great number of beavers that were caught along its course. .
Mr. Hedges built a mill on this creek in Pleasant, which acquired great popularity from the fact that the dry weather in summer never interfered with its operation. It was patronized by people from many other counties, Wood, Hancock, Crawford and Putnam
On the 26th day of May, 1839, Jacob Stem secured the services of David Reeves and David Risdon, two surveyors, the former from San- dusky county, the latter from Seneca, who surveyed and platted the town of Green Springs, named after the great sulphur springs in the vicinity. The town embraces a part of section five, in Adams, and 31
Dignizedby Google
· 482
HISTORY OF SENECA COUNTY.
part of sections thirty-one and thirty-two in township 4, N. R. 16 in Sandusky county.
On the first of January, 1868, a water cure was opened for the recep- tion of patients suffering from diseases of the blood, liver, stomach, kidneys, urinary organs, and all chronic diseases. Many legends are told of the wonderful cures of the water among the Indians, blended of course with their usual superstitions, but time and space will not admit of repeating them, nor is it the intention of the writer to adver- tise the water cure. Suffice it to say that the cure is well patronized and is a splendid institution. Jacob Stem, Daniel H. Dana and Bishop Adams, with their families, were the first settlers of Green Springs. In 1840 the population of the town was 29, and now numbers some 1,400. It is situated on the Cleveland, Sandusky & Cincinnati rail- road: has three Protestant churches and one Roman Catholic church. Daniel H. Dana was the first postmaster of this place.
Another town by the name of Adamsville was surveyed by Thomas Heming, April 30, 1846, Henry Kistter, proprietor. Hedgetown or Sulphur Springs was surveyed and platted in 1833. These towns, together with Lowell, were all failures as towns. Green Springs is now the residence of Judge Hugh Welsh, of whom mention is made else- where, and who is one of the oldest inhabitants of Seneca. Mrs. Ingham is the other. Adams is one of the best townships in the county, intel- lectually, socially and every other way. The soil is rich and the surface rolling.
Mr. Daniel Metzger, of Adams, has furnished the writer with the fol- lowing interesting communication, viz:
ADAMS, March 22. 1850. Hon. W. Lang:
DEAR SIR: In compliance with your request, I send you such statements of Adams township as I have at my command. My father, Henry Metzger, was born in Pennsylvania in 1797, and came to Pickaway county in 1812 with his father. Hle was married in that county to Catherine Wise, whose parents came from U'nion county, Pennsylvania, and also settled in Pickaway in 1-09. In the fall of 1533 moved from Pickaway to this county npon the farm where I now reside, and where he died March 4. 1868. Mother was born in 1794, and if she lives until the 14th day of next Angust, will be 86 years old. ( Right here, and while recording this. May 18,1850, Mr. Metzger informs me that his mother died this morning.) My father entered this land at the lind office in Bueyrus. His patent is signed by General Jackson. When we moved onto this farm there was not a tree ent on it, except an occasional one by some Nimrod in the chase. On the direct road from our place to Tittin, there was but one house until we arrived at Thomas R. Ellis', and that was Uriah Egbert's small cabin. The first time we went to Tiflin we had to ent our way through to the Portland road, near Egbert's. Jacob
Dignizedby Google
483
ADAMS TOWNSHIP.
Bowerman was another old settler. Hle came in 1830 from Seneca county. New York. He was born in Pennsylvania and moved to the state of New York when a boy, and married his wife there. Her maiden name was Mary Ritter, who was also a native of Pennsylvania. These old folks lived to- gether as man and wife for 60 years. Bowerman died August 16, 1876. aged 81 years, 6 months and 22 days. His wife died soon after at the age of 78 years, 4 months and 4 days. They lived and died on the farm where they settled 46 years before. John Bowerman, a brother to Jacob, came in 1831. He had served in the war of 1812 in New York. John Petticord came to this township in 1830 from Fairfield county, Ohio. John Paine came abont the same time from Pickaway county, Ohio, where he was married to a Miss Lawrence, who is still living and in her 90th year, and does her own house- work. Her husband has been dead a number of years. He was a native of New Jersey. John Paine was a soldier in the war of 1812. His widow draws a pension in consequence. William Myers was also one of the first settlers here. le came from Fairfield county, but was born in Virginia. His wife was a Carson and both lived to be very oldl. There were also four brothers of the Whiteman family among the first settlers here. They came from Pennsylvania. Their names were Samuel, Daniel, Jacob and Abraham. They all lived to a fine old age, but are now all dead.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.