History of the Fire lands, comprising Huron and Erie Counties, Ohio, with illustrations and biographical sketches of some of the prominent men and pioneers, Part 32

Author: Williams, W. W. (William W.)
Publication date: 1879
Publisher: Cleveland, Ohio : Press of Leader Printing Company
Number of Pages: 726

USA > Ohio > Erie County > History of the Fire lands, comprising Huron and Erie Counties, Ohio, with illustrations and biographical sketches of some of the prominent men and pioneers > Part 32
USA > Ohio > Huron County > History of the Fire lands, comprising Huron and Erie Counties, Ohio, with illustrations and biographical sketches of some of the prominent men and pioneers > Part 32

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REMOVAL OF THE COUNTY SEAT.

In September of 1815, Platt Benedict, then of Dan- bury, Connectient, came west to prospect for a new home. He stopped to see his cousin, Eli Boughton, then living at Canfield, Trumbull county, Ohio, and was there introduced to Elisha Whittlesey. Mr. Whit- tlesey was about starting for Huron county with Judge Todd, to attend the first court soon to be held at the "old county seat." Mr. Benedict joined their com- pany and came on with them.

The first court was held at the house of David Abbott, and there was a very general dissatisfaction expressed at the location, and the propriety of select- ing another site was freely discussed. Some person (whose name cannot now be ascertamed) suggested that there was a fine sand ridge in Norwalk township that would make a good location.

Major Frederick Folly, of Margaretta township, was one of the parties present at that conrt; and after the adjournment, he, Mr. Whittlesey and Mr. Bene- dict, started to examine the "sand ridge" with the intention of ascertaining its desirability as a site for the future seat of justice, and no doubt with some speculative design in view. On arriving at the place of Abijah Comstock, they invited him to accompany them and act as guide. After "prospecting" the site of the future city which loomed up in their "minds' eye," and finding good water (which the opponents of a change of county seat asserted "could not be had in that barren sand ridge"), they turned their steps towards Cleveland, and soon after arriving there, drew up and signed an agreement, the original of which is now in possession of the writer, and is as follows:

THIS AGREEMENT, made this the 30th day of October, 1815, by and between Frederick Fally, Platt Benedict and Elisha Whittlesey, wit- nesseth that they have, and by these presents do covenant, and agree to and with each other, to purchase so much of the fourth section, in the town of Norwalk, in the county of Huron, as is for sale, belonging to Eli Starr, Ithamer Canfield and Betsey Canfield, Wm. 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 purchased, then they agree to purchase so much of each of the above proprietors as can be procured, and to pay therefor at such price, Rod ou such terms of

payment as shall be agreed on by the person making such purchase, in the following proportions, to wit: The said Frederick Fally one-fourth of the purchase money, the said Platt Benedict, one-fourth, and the said Elisha Whittlesey, one-half of the purchase money. It is. however, mutually agreed that if Mathew B. Whittlesey and Moss White, or either of them if both do not consent and agree to become partners in the purchase, may one or either of them be permitted to take one fourth of the purchase, which is to be deducted from the proportion agreed above to be taken by the said E. Whittlesey, on their agreeing if both consent, or on either of them agreeing if only one consents, to become part proprietors in the purchase, to he bound by the cove- nants which bind each of the above contracting parties, which shall be evidenced by expressing the intention in signing these covenants, with appropriate and fit words to bind him or them to each of the above contracting parties, in which case each of us hereby agree to become bonnd to him or them, as we shall be to each other in these covenants. We further covenant and agree to and with each other, that on effecting the purchase aforesaid, or a part thereof, in case the same shall include a suitable site for a town, to lay out a plat of ground suitable in extent to the object in view; and in case the seat of justice is removed from where it is now established in the county of Huron, on to the lands which may be purchased in said section as above; or if the legislature should appoint a committee to view for a suitable place to which to remove the seat of justice to, that such part and proportion of said plat shall and may be offered for the use and benefit of the county, for the erection of public buildings as shall hereafter he agreed on by a majority of the proprietors voting by the interest each one may have, the least share counting one vote, and to increase in proportion to the quantum of interest, in case that quantum shall double to the least share, and so on in the same ratio.

It is further covenanted and agreed, to dispose of right to the plat to the best advantage, either at public or private sale, or so much thereof as may be thought advisable, to he 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 best 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 iu the selection of suitable quantity of land, or such lots as he 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 may he given, it is further covenanted and agreed that the person in whose name the contract is executed, or to whom the deeds may be given, shall, prior to disposing of any of said lands, bind himself in suitable honds, 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 each 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 shall 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, 1815.

FREDERICK FALLEY, [L. S. ]

PLATT BENEDICT, [L. s.]

E. WHITTLESEY, [L. 8.1

Upon the execution of the foregoing contract it was arranged that Mr. Benedict should return to Connecticut and effect the purchases contemplated, upon the best terms attainable; and he at once started, taking the following letter, addressed by Elisha Whittlesey to his brother, Mathew B. Whittlesey, of Danbury, Connecticut, explaining the foregoing con- tract, and soliciting his co-operation:

CLEVELAND, October 31, 1815

DEAR BROTHER: You will perceive by contract in the possession of Mr. Benedict. that he, Major Fally, aud myself, des ign purchasing a tract 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 several owners. Mr. Benedict will inform you of the prospect of moving the seat of justice. The tract of land is a valuable one. and cau soon be disposed of, even if we should fail in the object we have in view.

The site on this tract, owned by Starr and Canfield, is Rs handsome as any one I ever saw. Mr. Benedict will descend into particulars, as also

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 for 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 have the disposal of the lots, and be able to give titles, or otherwise you will perceive the business would be much 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 Mr. Beuedict 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 that lands 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 sigued 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 my 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 purchase contemplated by the contract:

EXPENSES BY PLATT BENEDICT.

Nov. 19. 2 days to New Milford, and expense for horse, &c. $3 50

Jan. 26. 1 day to New Milford and expense. 2 50

March 27. To 1 day and expenses to New Milford. 2 50

· To postage of 3 letters 1 1236

April 3. Cash paid Col. Taylor 10 00

do. do. do. do.

10 00

Postage on letter.

829 8736

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, &c., expenses with Mrs. Bull ...

7 50

$52 371%

Amount of expense and cash paid by P. Benedict as above, Cash paid by P. Benedict

29 8776

15 00

do for expense.

7 50

852 373%

April 3, 1816 .- Contracted with Wm. Taylor for 562 acres in Norwalk, Ohio, for $1,210. Paid him $10. Platt Benedict, Matthew B. Whittlesey, Moss White notes as follows: one note on demand to Eli Mygatt, for $43 81-one to Col. Taylor, sixty days, $256-one for $450, one year from date-one for $450, two years from date.

15th Nov., 1815 .- P. Benedict note on demand for $406-one note for $406 payable one year from date-one for $406 payable 2 years from date -and one of $406 payable 3 years from date.

Matthew B. Whittlesey and Moss White, July 9th .- Paid on the note on demand 840-$25 paid by M. White and $15 hy P. Benedict.

Mr. Benedict, having left Cleveland on 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, sixteen miles distant, and commenced negotiations with Colonel William Taylor, who, "in right of his wife," held part of the desired land. After several such trips, he at length, on April 3, 1816, concluded a contract with him for five hundred and sixty-two acres, for the sum of one thousand two hundred and ten dollars. This purchase covered the land upon

which all of the original town plat of Norwalk east of Hester street was afterwards laid out. Eight hun - 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 upon 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 and 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 Wm. 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 he soon after came on, and, after consulting Major Un- derhill, employed Almond Ruggles as a surveyor to run out 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 gaol, or jail. The court house and jail now stand on lot thirteen, the Metho- dist Church on lot twelve, Whittlesey Academy on lot one, and the Parker Block on 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 stated in this history, fully disprove the correctness of that impression. Mr. Whittlesey, in executing that dedi- cation, and having it recorded, acted in fact as a trustee for himself, M. B. Whittlesey, E. M. White and Platt Benedict, and they deserve the credit jointly with him.

Frederick Falley, living in Margaretta township, never fulfilled his part of the contract by advancing any part of the purchase money, nor of the expenses, and was quietly dropped out.

On September 9, 181%, Mr. Benedict arrived in Norwalk township with his family, and finding his house, which he had put up in the spring of 1817, burned to the ground, at once erected another one on

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 ac- count for the wide variance between the recorded and the actual plat.

The writer has found among the papers of Platt Benedict, an ancient, much 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. Boughton, 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 15. 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 upon as a pretext for vexations litigation, but the statutes of repose have long since thrown their pro- tecting mantle over it.

In the year 1817, schemes were devised, and plans perfected for accomplishing the second step in this campaign for the capture of the county seat. Peti- tions were circulated, and the result shows they must have been quite generally signed.

In the mean time, a number of men of energy and publie spirit had come in, and settled upon 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. Almond 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 ('ole, Esq. :

Received of Peter Tice and Platt Benedict, one hundred dollars for services rendered in going to Columbus, for the purpose of settling the question as to the removal of the seat 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 seats 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 Lock- wood's Corners (now Alling's Corners), Norwalk vil- lage, Monroeville, Widow Parker's (on the west side of Huron river opposite Milan), and Sandusky City. The commission proceeded 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, an 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 bonnd and obligated 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 present 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 might 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 hun- 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 he paid within one year. Now, therefore. the condition of this bond is such that if the said commissioners shall fix the seat of justice on the town plat of Norwalk, and the said obligors do not pay to the said treasurer, or his said 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 if 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 said sum of one hundred and fifty dollars: to the said Frederick W. Fowler, the said sum of six hundred and eighty dollars; to the said Richmond Rhodes, the said sum of sixty dollars: to the said Ichabod Marshall. the said sum of one hundred and fifty dollars: to the said Othniel 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 be paid as above stipulated, then this bond to be null and void.

ELISHA WHITTLESEY, [L.S.]

PLATT BENEDICT. [L.S. ]

DAVID UNDERHILL, [L.S.]

LEVI COLE, [L. S.]

DANIEL TILDEN. [L.S.]

PETER TICE [L.S.]

NOTE .- Copied from journalof Common Pleas Court of May term, 1818.

Witness.

DAVID ABBOTT.

BENJ W. ABBOTT.

Franken Sanger 0

The subject of this sketch was born in Auburn, Crawford Co., Ohio, July 13, 1825. His parents, Erastus and Sally Sawyer, were natives of the State of New York. His father's ancestors emigrated to this country from Lancashire, England, and his mother's (whose maiden name was Snider) from Hol- land. His parents were pioneers in that then wilderness country. He has one brother, Albanus, older, and one sis- ter, Mrs. Luey Kellogg, younger, than himself, who reside in Crawford County.

He remained upon his father's farm until his seventeenth year, employed in the hard work of the new country, and attending the common school of the neighborhood when there happened to be one. In 1843 he was a student at Norwalk Seminary, and the next year at Granville College, supporting himself during this time, and while studying law, by teaching school winters. In 1845 he commenced the study of the law at Norwalk, and was admitted to the Bar in 1847, and soon had a respectable practice.

In 1850 he was elected prosecuting attorney, which office he held two years, during which time he was successful in breaking up a noted gang of horse thieves, counterfeiters, and professional witnesses who infested the county.

In 1854 he formed a partnership with George H. Safford, which continued until both threw up the profession to enter the army. The firm did an extensive and successful business.

In 1860, at the instance of Gov. Dennison, Mr. Sawyer organized a military company known as the Norwalk Light Guards, and on the 16th day of April, 1861, was ordered into the service for three months, and reported with his company at Camp Dennison as Co. "D," 8th Ohio Volunteers. The regiment soon reorganized for three years, and he was pro- moted to major, and soon after to lieutenant-colonel. In July the regiment went to Western Virginia and participated in the campaign of that summer. S. S. Carroll, of the U.S.A., was appointed colonel, and took the regiment into the valley in the spring of 1861, where it fought conspicuously in the battle of Winchester. Col. Carroll was there given the com- mand of a brigade, and from this time the regiment was in command of Col. Sawyer. It was then ordered to Harrison's Landing, and became part of the 2d Corps. He commanded the regiment in the battles of Antietam, Fredericksburg, Chancellorsville, Gettysburg, Mine Run, Morton's Ford, the Wilderness, and Spottsylvania, and in innumerable skirmishes. In most of these battles he was assigned to difficult positions, and in every instance was complimented by his superior officers for his gallant conduct. At Gettysburg, he was ordered to drive out a rebel force posted in an im- portant position in front of Hancock's battle-line, which was handsomely done with the bayonet, though at a heavy loss. This position he maintained for two days unsupported, and far in advance of the line, although three times attacked by superior force; and finally, charging an advancing column of rebels, took a number of prisoners and three battle-flags. In this battle, and also the battle of Antietam, over one-half of

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History of the Fire lands, comprising Huron and Erie Counties, Ohio, with illustrations and biographical sketches of some of the prominent men and pioneers, Part 32

Author: Williams, W. W. (William W.) Publication date: 1879 Publisher: Cleveland, Ohio : Press of Leader Printing Company Number of Pages: 726

Author: Williams, W. W. (William W.)
Publication date: 1879
Publisher: Cleveland, Ohio : Press of Leader Printing Company
Number of Pages: 726