USA > Ohio > History of the Upper Ohio Valley, with family history and biographical sketches, a statement of its resources, industrial growth and commercial advantages, Vol. II pt 2 > Part 8
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After the death of Enochs, McArthur was chosen to command, and he conducted the battle and retreat with marked ability. A year later a formidable Indian excursion was discovered between the mouth of McMahan's creek and the mouth of Wheeling creek, on the river,
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and from their ambush shot six mounted soldiers from the Kirkwood block house.
The Killing of Six Men by the Indians .--- In about 1795, Lieut. Dun- can McArthur and a posse of men numbering in all a dozen, were stationed at the block house on the lands of Robert Kirkwood, near the mouth of Indian Wheeling creek. One morning they noticed a young Indian dodging along not far from the fort among the trees. He had been sent by a body of Indians who had ambushed about three miles below, on the banks of the Ohio river, to decoy the sol- diers from their fort. As soon as he was discovered Lieut. McArthur and his men started out to catch him. They followed him as he ran down the river about three miles to where the Indians had secreted themselves, when fifteen of the redskins fired into their com- pany, killing six of their number instantly. So unexpected was the attack that the remaining six were completely bewildered and fright- ened, turned and retreated, McArthur behind. As he turned his head to take in the situation his foot caught in a grapevine and he was sent sprawling on his face just as the Indians fired a volley of bullets after him, and the limbs and leaves dropped all around him. He regained his feet and started at full speed, following the course of his men. He was closely pursued by the savages, but being very swift of foot they soon gave up the chase, and the remnant of the party gained the block house in safety. Later in the day they returned to the spot in stronger numbers and buried their dead. In relating this circum- stance to Gen. Weir, of this county, Governor McArthur laughingly said that "it was that grapevine that made me governor of Ohio.'
Hardships and Trials of Early Settlers .- The first settlers in this mountainous, densely wooded, though rich-soiled county, did not find it a paradise for idleness. The giant oak, walnut, beech. maple, pop- lar and ash trees of more than a century's growth, locked and inter- twined with grape vine, and creeper, and bush, could only be subdued and removed so that the rich soil might be utilized by earnest, persis- tent labor. There were, however, some favoring circumstances; the land was covered over with the wild pea vine and other forage plants which proved beneficial to the pioneer in furnishing forage for his stock. The soil also yielded liberal crops, with little labor, that readily supplied breadstuff for himself and family, while the large numbers of deer, wild turkeys and smaller game furnished abundant sport, with a plentiful supply of meat. Unnumbered multitudes of wolves, bears, panthers, foxes and wild-cats, lurked in the thickets, and in the hiding places in the deep ravines, to issue forth at night and prowl around the farmers' premises to devour whatever could be reached, and it was only by the greatest vigilance he could save what he had obtained. Of all the beasts of prey, wolves were the most treacherous and troublesome. At the hour when the pioneer. tired by a tremendous day's labor in falling timber, splitting puncheons or clapboards, grub- bing out underbrush, and his children tired and weary in assisting in gathering brush, carrying chips and wood, and helping in the hun-
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dred ways in which nimble feet and fingers were utilized in those days, sought their beds to gain strength through rest and sleep for the next day's toil, those pests of the forest would prowl over the hills, howl- ing in the most doleful manner, preventing all sleep, and, unless watched closely, carrying off all the young pigs.
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CHAPTER HI.
BY COL. C. L. POORMAN.
CIVIL HISTORY-FIRST TOWNSHIPS- EARLY ELECTION PRECINCTS- FIRST PUBLIC BUILDINGS-COUNTY SEAT REMOVED - COURT HOUSES AND JAILS -- ROSTER OF OFFICERS, ETC.
EPTEMBER 7, 1801, Arthur St. Clair, governor of the territory of the United States northwest of the Ohio, issued a proclamation establishing the county of Belmont, out of territory belonging to the county of Washington formed in 1788, and the county of Jefferson formed July 29, 1797. A slight error being found in that proclamation a second one was issued November 13, 1801, of which the fol- lowing is a copy:
" TERRITORY OF THE UNITED STATES, I
" Northwest of the Ohio. SS.
"By Arthur St. Clair, governor of the territory of the United States northwest of the Ohio. Whereas, in my proclamation erecting the county of Belmont, bearing date the 7th day of September last, a mistake, to-wit: the word north instead of west, in the description of one of the boundaries, crept into the press copy. To rectify the same and remove all doubts about the boundaries of the said county of Belmont, I have issued this, my present proclamation, hereby declar- ing that the lines of boundary shall begin (as in the aforesaid procla- mation is declared) on the Ohio river to the middle of the fourth township, of the second range, of townships in the seven ranges, and running with the line between the third and fourth sections of the said township counting from the township line, but which are num- bered sixteen and seventeen upon the map, produced west to the western boundary of the said seven ranges; thence south with the said western boundary to the middle of the fifth township in the sev- enth range; thence east to the Ohio river where the line between the ninth and tenth sections of the third township in the third range in- tersects the same, and thence with the Ohio river to the place of beginning; and the said lines, as above described, are hereby declared to be the lines and limits of boundary of the county of Belmont, and
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are the same which were intended to be established by the aforesaid proclamation.
"Given under my hand and the seal of the territory at Cin- cinnati, the thirteenth day of November, in the year of our
[L. s.] Lord one thousand eight hundred and one, and of the Inde- pendence of the United States, the twenty-sixth.
"AR. ST. CLAIR."
By the formation of Guernsey county, by act of the general assem- bly, dated January 31, 1810, and by the formation of Monroe county, by a similar act, dated January 29, 1813, the original boundary lines were materially changed on the west and south sides, and the terri- tory reduced to the present limits, with which this article will chiefly deal.
When the county was established, the seat of justice was fixed at "Pultney," located about a mile below the present city of Bellaire on Pultney Bottom, one of the finest on the river, being what is termed a "second bottom," and many feet above the highest floods ever known in the river. The town was laid out by Daniel Mc Elherron, August 22, 1799, and was the first town laid out within the present limits of the county, unless it was the town of " Concord," in Colerain township, and both alike have long since disappeared.
The first court of quarter sessions of the peace, clothed with pretty large powers, met here, November 24, 1801, David Lockwood, Daniel McElherron and Jacob Repshire, composing the court, which divided the county into four townships, as follows:
First Division into Townships. - The first, beginning on the Ohio river at the northern boundary of the county with that line due west to the western boundary of the county, thence south nine miles to the northwest corner of the ninth township in the seventh range, thence east with said township line to the cross-line between the thirteenth and nineteenth section of the south township in the third range; thence east to the Ohio river and up the river to the place of beginning, to be called and known by the name of Kirkwood town- ship.
" The second, to begin on the Ohio river at the southeast corner of Kirkwood township, thence with the southern boundary of said town- ship to the western boundary of the county; thence south with said western boundary six miles to the northwest corner of the eighth township, in the seventh range; thence east with said township line to the Ohio river; thence up the river to the place of beginning, to be called and known by the name of the township of Pultney.
"The third, to begin at the Ohio river at the southeast corner of township of Pultney; thence with said township line west, to the west- ern boundary of the county, thence south with said western boundary six miles, to the northwest corner of the seventh range; thence with said township line east to the Ohio river; thence up the river to the place of beginning, to be called and known by the township of York. "The fourth, to begin on the Ohio river at the southeast corner of York township; thence with said township line west to the western
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boundary of the county; thence south fifteen miles to the southern boundary of the county; thence east with said boundary line to the Ohio river; thence up the river to the place of beginning, to be called and known by the name of the township of Salem."
The county was thus divided into four parallel townships extending clear across the county. This division lasted only until the February session of the court, when Kirkwood township was divided " by a line running with the range line north and south between the fourth and fifth range; the western part to retain the name of Kirkwood town- ship, the eastern part to be called and known by the name of Richland township." Other division of the territory of the townships of Kirk- wood, Pultney and York, Salem township going to Monroe county in the following order: Union township, August 15. 1804; Pease township, 1806; Warren township, January, 1807; Colerain township. June 14, 1808; Wheeling township, June 14. 1808; Goshen township; Wayne township, March 5, ISHI; Mead township, January 13, 1815; Flushing township, March 14, 1817; Smith township, January 2, 1819; Somerset township, March 16, 1819; Washington township, 1830. These, with Richland and the three original townships of Kirkwood, Pultney and York, constitute the present townships of the county.
Early Election Precincts .- There were but two election precincts in ISO1 for the entire county. Kirkwood township composed one of them and the election was held at the house of Bassil Israel in Nowelstown, afterward changed to St. Clairsville. The townships of Pultney, York and Salem constituted the other, the place of elec- tion to be in the town of Pultney at the house of Jacob Repshire. This division would indicate that at that early date the greater num- ber of settlements were being made along the line of the Zane or Indian trail, following pretty closely the line of the great National road.
In 1803, at the May term the court made each township an election precinct, elections to be held in Pultney at the house of Jacob Rep- shire, occupied by the court; Kirkwood to vote at the house of James Nowles; Richland to vote at the house of John Thompson, at Nowelstown; York to vote at the house of William Congleton, and Salem to vote at the house of Robert Latte.
The number of election precincts was increased as new townships were formed and population increased until in 1890 there are thirty- four in the county: seven in Pultney, five in Pease, two each in Colerain, Flushing, Goshen, Kirkwood, Mead, Richland, Warren and Somerset, and one each in Smith, Union, Wayne, Washington, Wheeling and York townships.
The First Grand Jury. - The following persons constituted the grand jury at the November term of court iSor, the first in the county. Notley Hayes, Patrick White, John King, Anthony Riger, Joshua Martin Sherry. Thomas Duffield, William Bush, George Barnet, Peter Buzzard, John Wall, Abraham Emerine, Richard Hardesty, John Lamb, Robert Giffin, Henry Leep, Samuel Barnes, Andrew Miller, Archibald Smith and Andrew According
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to the records of this court during its sessions in 1801, it appointed "Charles Hammond to act as Prosecutor until he should be legally appointed by the Attorney General," which was done in 1802. The court also ordered that a road should be opened from the town of Pultney to Nowelstown, Jacob Coleman, surveyor. A license was also granted for the "Zane's road" from the river at the north of Indian Wheeling creek through the county on nearly the site of the present National road. At the February term, 1802, an indictment against Jacob Repshire, one of the magistrates the preceding year, for "assault and battery" was quashed, two such indictments having been formed against him in the fall of 1801.
Constables and Supervisors Appointed .- At this term of the court, the following persons were appointed to act as constables and supervisors: Kirkwood-Constables: William Congleton and Thomas Richards. Supervisors: Thomas Richards, William Boggs, Joshua Hatcher and James Knowles. Pultney-Constables: Philip Dover and Joseph Lashley. Supervisors: Jacob Repshire, Esq., and David Wherry. York-Constable: Samuel Dille. Supervisors: John Dille, Ephraim Bates and Michael Moore.
First Public Buildings .-- The November, term of the court for 1801, was held at the house of Jacob Repshire, one of the judges. Upon the court journal for this session, there is the following entry as to a new court house: "That there be built on the public grounds in the town of Pultney, a brick house 35 feet square, two stories high. The first story to be 12 feet in the clear and the second, S feet in the clear. The same to be occupied as a court house for this county." Jacob Repshire, David Lockwood (two of the judges) and Samuel Dille, were appointed to purchase materials to the amount of $500.00 for court house. In the following February, they were empowered to make additional purchases of material and employ additional work- men, if necessary, for the speedy completion of the building and com- plete the same. They were also ordered to erect a house 24x15 feet, of hewn logs, with shingle roof, strongly built, with a large partition across the center, to be occupied as a "goal." The latter was built by Richard Buttler, and on May 26, 1802, he was given an order for $165.00, for building it. August 25, 1802, the court ordered to be erected in the town of Pultney, a pound, 66 feet square. "To be built of posts and rails, of good oak timber, and have a sufficient gate hung on good iron hinges, and fastened with a good lock and key." Pound to be used for the safe keeping of estrays.
Proceedings for the Removal of the County Scat .- The work upon the court house did not seem to be pushed as vigorously as that upon the " goal " and " pound," and early in 1803 a movement was commenced to secure the removal of the seat of justice to Richland township. The name of Nowelstown was changed to that of St. Clairsville, in honor of the governor and in hope of securing his interposition. The first general assembly under the state constitution, at Chillicothe, on April 1, 1803, passed an act appointing John Matthews, James Brown and Robert Speer, as commissioners " To examine and report whether
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a removal of the seat of justice in said county of Belmont be neces- sary for the convenience and accommodation of the citizens thereof," and to " certify their opinion thereon, under their hands and seals, and make out duplicates of such certificates, one copy of which shall be left with the clerk of the county court for the inspection of the citi- zens and the other copy they shall enclose in a letter addressed to the speaker of the senate." There are vague reports of a hilarious time at and around St. Clairsville on the occasion of the visit of these commissioners, at which time it is also said Gov. St. Clair made it con- venient to be present at the town named in his honor. The report of the commission was favorable to the removal and a copy was promptly transmitted to the " speaker of the senate," and at the meeting of the second general assembly the following act found in Vol. 2, Ohio laws, was passed:
"AN ACT to establish the seat of justice in the county of Belmont
" WHEREAS, John Matthews, James Brown and Robert Speer, com- missioners for Belmont county, in pursuance to the powers delegated to them by an act entitled, An act to provide for a permanent seat of justice in the county of Belmont, passed at Chillicothe, the ist day of April, one thousand eight hundred and three, have reported to this general assembly that on examination they do find, that St. Clairs- ville is the most proper place for the seat of justice in the county of Belmont, therefore,
"SECTION I. Be it enacted by the general assembly of the state of Ohio, that St. Clairsville, in the county of Belmont, be and the same is hereby declared the seat of justice for the said county of Belmont, and that all courts hereafter to be holden in and for said county shall be held in the town of St. Clairsville, and all officers are required to conduct themselves accordingly."
"Passed 19th January, 1804.
ELIAS LANGHAM, "Speaker of House of Representatives. " NATHANIEL MASSIE, "Speaker of the Senate."
The only thing to mar this apparently regular and fairly defined title is the omission by the general assembly to provide as required by the constitution of ISO2, to submit the question to a vote of the people of the county.
Scat of Justice Removed .- In April, 1So4, the seat of justice was re- moved from Pultney to St. Clairsville. The first court of general quarter sessions, and the county court with Calvin Pease, presiding judge, held three sessions at the house of William Congleton, on the 16th day of April, 1804. and Mr. Congleton was paid the sum of $3 for preparing rooms for the court.
First Public Building .- In history there is little said about the first public buildings erected at St. Clairsville, and little is known of them by those now living. On the journal of the county commissioners at their September session, 1804, there is this entry in relation to that subject:
30-B.
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" The commissioners met agreeable to adjournment, present Levin Okey, Jolin Williams and Robert Griffin, Esquire.
"The public buildings was left to the lowest bidder and struck off to Alexander Young, who, according to law, entered into bond with Sterling Johnson, his surety, for his performance of his contract whose bonds are filed with the clerk. The building was struck off at one thousand dollars for the goal and goalor's rooms, together with the roof, and seventy dollars for raising an upper story on the same for a court house, the expense of which is to be paid by donations, for which Sterling Johnson and Robert Griffin give their bonds. Like- wise Sterling and William Congleton entered into bond for the fur- nishing the same with bench and seats, all to be done by donation.'
This "public buildings" was constructed of hewd logs and stood about where the present jail stands. Payments were made upon it by the county commissioners commencing with $100, December 15, 1804, and as the work progressed until December 5. 1805, when this entry appears: "Ordered, that Alexander Young be paid out of the treasury of the county the sum of five hundred and sixty-nine dollars and eighty-three cents in full of all demands that the said Alexander Young has on the part of the county for work done to the goal and court house." There seems to be no entries during this period of any "money raised by donation" being paid into the treasury. This log "public buildings" was used for jail, jailor's rooms and court house until 1814, on the completion of the brick court house and jail, when it was sold and removed and put up as a one-story house on the lot where John Frint now lives, where a part of the logs and the old double plank door riveted together may still be seen.
The Second Court House .-- In February, 1813, a contract was let to build a court house. It was to be a square building, built of brick, two stories high, with cupola or spire in the center of a roof facing each point of the compass, with the court room below and the jury rooms above, similar to the one previously erected at Steubenville, and the one still in use at Cadiz, Harrison county. Sterling Johnson had the contract for grading the ground, "the banks to be dug ten feet deep on the cross street, at the southwest corner of the present court house, to be leveled with that throughout the public ground," the sum named being $270. The building was let to William Brown. at $5,640, and to be ready for use by the first of April, 1815, but was completed eight months before the time specified, and on July 16, 1814, Peter Tallman, the father of James Tallman, now living in Bel- laire, and Alexander Boggs (Joseph Morrison, not present) commis- sioners, met and appointed a committe of mechanics to examine the work. James Marshal, of Steubenville, a carpenter, and Nicholas Brown, of Steubenville, were apppointed and met at the court house in August, and after examination, reported that said court house was complete in all respects.
The Second fail in St. Clairsville .-- The construction of the second jail was let to the parties who built the court house, on the 19th of March. 1819, Sterling Johnson to do the grading, and William Brown to build
ليوب كونية خشبة جبي ديه
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the jail " of brick like those used in the erection of the court house, and to be two stories high," the first story to be nine feet with an en- try six feet wide through the middle, and to contain four rooms -- two for dungeons and two for jailor's rooms. The second story was to be eight feet high, and divided as the first floor -- two for debtor's rooms and two for jailor's rooms, to be completed by January 1, 1821, at $95 for grading, and $3,040 for the erection of the building. The work was completed and paid for according to contract.
The Third fail and Failor's Residence .-- The third county jail was built in 1842 on contract with Baily & Collins, of brick and stone, at a cost of $3,902.00, as gathered from payments in the treasurer's books, in the absence of any record of the contract upon the commis- sioners' journal.
The Present Splendid Buildings.The present court house, sher- iff's residence, and jail (we have ceased to build " goal and goaler's rooms") are among the finest in the state, and the people, while they complain at the large sum expended in their construction, are justly proud of them. The old buildings, particularly the court house, was looked upon as unworthy of a large, wealthy, populous county like Belmont, but new ones were not built because a fierce county seat controversy, beginning in 1857, when railroads began to change the channels of trade, and continuing almost incessantly, increasing each year in intensity, between the friends of the present location, and those who thought that the county seat should be returned to Pult- ney township, because in later years under changed methods of com- munication, the majority of population being upon the railroads and river, would be better and more economically accommodated with the county seat at Bellaire. Any movement, under these conditions, for a new court house, was antagonized by both sides and frequent re- pairs were ordered to keep the old one in passable condition. The republican county convention in ISS3, passed a resolution to the effect that there was to be no agitation of the county seat question dur- the next two years, and nominated Samuel Hilles, of Barnesville, who had served four years as sheriff, for representative on that platform. The legislature was democratic, and having been carefully impressed with the idea that it would make this county permanently democratic, a bill was introduced by a member from Cleveland, and rushed through against the protests of both our senator and representative, and without giving the people of the county an opportunity to be heard, the bill was rushed through under a suspension of the rules, authorizing the construction of the new buildings at a cost not to ex- ceed $100,000.
When this law was enacted Owen Mehan, Nathaniel Taylor and Morris Cope were county commissioners. Several plans were sub- mitted of structures that the architects thought might be contracted for within the limits of $100,000, fixed in the law. The plan prepared by J. W. Yost, architect of Columbus, was adopted and after advertis- ing as required, for bids, the contraets were let to William J. McClain, Bellaire, for stone work; Doarzbach & Decker, for wood work and
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plastering; Simon Cain, of Cleveland, for brick work; Lane Bros., of Newark, for iron work; and John V Fisher, of Columbus, for painting and glazing; the agregate bids amounting to $97,000.
The law provided for a committee to approve plans and specifica- tions, which was composed of Thomas Cochran, probate judge, Leroy C. Sedwick, sheriff, William P. Cash, clerk of the courts, and William Alexander, appointed by the judge of the court of common pleas.
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