History of the city of Toledo and Lucas County, Ohio, Part 2

Author: Waggoner, Clark, 1820-1903
Publication date: 1888
Publisher: New York and Toledo : Munsell & Company
Number of Pages: 1408

USA > Ohio > Lucas County > Toledo > History of the city of Toledo and Lucas County, Ohio > Part 2

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Following the treaty of 1783, came the division of the Western country into three Territories-that of the Mississippi, that South of the Ohio, and that Northwest of the Ohio. Five distinct claims to different portions of the latter were set up by the States of Connecticut, New York, Pennsylvania, Massachusetts and Virginia. Beside these, several incorporated Companies presented claims to portions, while the Indians claimed the whole as their prop- erty. One by one, the State claims were re- linquished, in part in consideration of lands set off to them, of which Virginia's portion was in Southeastern and Connecticut's in Northeastern Ohio (the Western Reserve). In 1784, by treaty at Fort Stanwix (now Rome, New York), the Six Nations ceded what claim they had made to that territory. In 1785, at Fort McIntosh (now Beaver, Penn.), the Wy- andots, the Delawares, the Chippewas. and the Tawas, surrendered their elaims, save and except the large tract lying between the Cuya- hoga and the Maumee River, and extending South nearly to the center of the present State of Ohio. The following Indian tribes

THE STATE GOVERNMENT.

held reservations of lands in Ohio in 1828 : Wyandots (842 in number), 163,000 acres; Shawnees (800), 117,000 acres; Senecas (557), 55,505 acres; Delawares (80), 5,760 acres; Ottawas (377), 50,581 acres. Totals-2,350 Indians, and 391,846 acres, or 1,800 acres each. All these have been relinquished, the last (by Wyandots) in 1843.

Jesuit Missionaries appeared in the region between the Lake and the Ohio early in the 17th century. In 1749 English traders were at Sandusky. The Moravian Missionaries be- gan operations in Eastern Ohio as early as 1762, and were driven away after great slaughter of their converts. The first important settle- ment in the State, was that made at Marietta, in 1788, while others about that time occurred along the Ohio between the Muskingum and the Hockhocking Rivers. These may have preceded that at Marietta by one year. Con- necticut claimed the territory between the parallels 41° and 42º 2', and between the Penn- sylvania line and a line 120 miles West (going to the present West line of Huron County), which was then known as " New Connecticut," and since as the " Western Reserve." In 1792 that State granted to such of its citizens as suffered from loss of property by fire during the Revolutionary War, 500,000 acres from the West end of this Reserve, which tract is now known as the " Fire Lands," and lies almost wholly within the Counties of Huron and Erie.

By proclamation in 1788, Governor St. Clair declared Washington County organized, with limits extending Westward to the Scioto and Northward to the mouth of the Cuyahoga, with its County-seat at Marietta. Some 10 years later the Counties of Adams, Hamilton, Ross, Wayne, Jefferson and Trumbull were established, the latter including the Fire Lands, with its seat of justice at Warren. The cap- ital of the Territory was then at Chillicothe.

The closing years of the 18th century were marked by serious Indian disturbances, espe- cially in the Western portion of the Territory. These fortunately closed with the signal vic- tory of Gen. Anthony Wayne at the battle of Fallen Timbers, which occurred in August, 1794, within the present limits of Lucas County, and which was followed by the im- portant treaty at Greenville, Ohio, in 1795, whereby terms of peace were agreed upon, al- though the Maumee Valley was lett in posses-

sion of the Indians. Subsequent treaties were made-at Fort Industry (now Toledo) in 1805, at Detroit in 1807, at Brownstown, Mich., in 1808, and at the Foot of the Maumee Rapids in 1817. By these, various reservations of land were made to the Indians, which since have been extinguished, the last case being that of the Wyandots at Upper Sandusky in 1842, which tribe left for their reservation in Kansas in 1843, then numbering about 700 souls.

Under the enabling act passed by Congress, a Convention to form a Constitution for the State of Ohio, was held at Chillicothe in 1802. The County of Wayne, embracing most of the present State of Michigan, was not included in the territory of the proposed State. This ac- tion caused serious dissatisfaction on the part of the people at Detroit and Monroe, who constituted the chief residents of that region. That County was attached to the Territory of Indiana, where it remained until 1805, when it was established as the Territory of Michigan. The Ohio Convention met November 1st, and closed its labors on the 20th same month. The Constitution then formed was not submitted to the vote of the people for approval, but went into effect without such action. The object of such step is believed to have been to avoid the risk of rejection on a popular vote.

The State of Ohio was admitted into the Union in February, 1803, and the first General Assembly convened in March following .* By the Constitution the Executive was made to consist of a Governor. The General Assembly was constituted of two bodies, the Senate and the House of Representatives. Only white males of 21 years of age were admitted to vote, but no property qualification was re- quired. All State officers, Judges and Military officers were made elective by the Legislature, the pay of all to be fixed by that body. The judicial power was vested in a Supreme Court, Courts of Common Pleas, Justices of the Peace, and such other Courts as the Legisla- ture might see fit to provide. Justices of the Peace were chosen by the people of the re- spective Townships. The State organization

* The exact date when Ohio became a member of the Union, is with some persons, yet in dispute ; but the time here named is what has been generally ac- cepted as the correct one. The question is one not admitting of discussion here.

OUTLINE HISTORY OF THE STATE OF OHIO.

was followed by an increasing immigration and corresponding development, chiefly in the sections bordering on the Ohio River and the Lake.

War being declared against Great Britain in June, 1812, Ohio soon came to be the scene of important military events. The early sur- render of his command to the British, by Gen. Hull, whereby Northern Ohio was at once left without protection from British and Indian attack, was the cause of most serious appre- hension on the part of the scattered settlers. But the brilliant success of Gen. Harrison at Fort Meigs in May, 1813, and of Maj. Croghan at Fort Stephenson, August 2d, followed as it was by Com. Perry's victory over the British fleet on 10th September, greatly relieved this state of things and secured immunity from attack for that region to the close of the War in 1815.

In 1814 the State accepted an offer of a tract of land on the East side of the Scioto River, opposite Franklinton, for use as its seat of government, and in 1816 the buildings thereon were so far completed as to be ready for oc- cupancy, when the Capital was removed.

The subject of a Canal to connect Lake Erie with the Ohio, was first brought to the atten- tion of the Legislature by the Governor in 1819, when he submitted to that body a letter from Gov. DeWitt Clinton of New York on that subject. Nothing was done on the sub- ject until 1820, when three Commissioners were appointed, with authority to employ a civil engineer to make survey of a line for the proposed Canal. As the prosecution of the work was made to depend upon a grant of land by Congress along the line of the same, action was delayed until 1822, when steps were taken for the survey of four different routes, to-wit: From Sandusky Bay; from the mouth of the Maumee River; from the mouth of the Cuyahoga or of Black River, by the Muskingum ; and from the mouth of Grand River, by the Mahoning -all to the Ohio. James Geddes, a civil engineer of New York, was employed for such survey. Report was made at the next session of the Legislature, showing each of these routes to be practicable. The Commissioners made final report in 1824, recommending the line of what is known as the Ohio Canal, from Cleveland to Portsmouth, with side-cut connection with Columbus. Se-

rions protest was made to this decision by the friends of the other lines, and especially of the Sandusky ronte. For some time bitter dis- cussion through the press and protest by pub- lic meetings were kept up, including sngges- tions more or less distinct and definite of bad faith on the part of the majority of the Board of Commissioners. But this action failed to defeat the adopted plan. In February, 1824, the Commission directed two additional lines to be surveyed, to-wit: One extending from the mouth of the Scioto to Coshocton, and thence by three different routes to the Lake; and one from Cincinnati to the foot of the Rapids of the Maumee. The estimated cost of the latter (now known as the Miami and Erie Canal) was 82,502,494; and that of the Cleveland and Portsmouth line, from 82,626,571 to $2,934,024. Operations were soon commenced on the Ohio Canal, the Coshoc- ton route from Cleveland being selected, which was completed in 1833, at a cost of $4,695,202. In 1843 a Canal from Roscoe to Walhonding, 25 miles in length, was completed at a cost of $607,360. At the same time the Hocking Canal, between Carroll and Nelsonville, 42 miles, was finished, at a cost of 8947,670. The Muskingum River Slack-water Improvement (Zanesville to Marietta), was completed about the same time and cost $1,628,028. The Miami and Erie (Toledo and Cincinnati), was opened throughout its line in 1845, its length, branches and feeders included, being 323 miles. The following Canals constructed by this State have been abandoned, as no longer of sufficient service to warrant keeping in repair, to-wit : The Sandy and Beaver, connecting Bolivar and Smith's Ferry ; length, 84 miles, costing $2,000,000. The Pennsylvania and Ohio, from Akron to the Pennsylvania line; length, 87 miles ; cost $1,000,000. The Athens Branch (in part), from Nelsonville to Athens; length, 14 miles. The Lebanon Branch, from Middle- town to Lebanon ; 20 miles ; costing 8217,552. The cost of these works, as given, by no means indicates the total outlay of the State on them. The excessive rates of interest and discount on bonds sold, made necessary by a low state of public credit and a condition of general finan- cial prostration during most of the time of their construction, would largely augment the figures given ; while the heavy expenditures for repairs and other unforeseen outlays, ma-

THE SCHOOL SYSTEM.

terially add to the ultimate cost. And yet, there ean be no doubt as to the wisdom of their construction. The advantages gained through them by the State, were both timely and im- portant, in bringing to the producing classes the means for access to market which other- wise would have been impossible; in promot- ing intercourse and general trade, whereby all interests were advanced; and in these ways inviting to the State population, capital and enterprise, so indispensable to its development. To these should be added the consideration, that through the enterprise and energy requi- site for such improvements under circumstances so unfavorable, the State was made for many years the most attractive field for the best classes of emigrants from the Eastern States and the Old World, which faet accounts for her wonderful growth for many years. Canals are often unfavorably compared with Rail- ways, as facilities for trade and travel. As well might youth and early manhood be com- pared in results with matured age. The Rail- way system of Ohio is indebted for its present extraordinary extent and vigor, more to the foundation supplied by the Canal system, than to any other one cause .*

* The Canal system of Ohio embraces the following Works, to-wit :

Miles.

Name of Improvement.

Cost.

334

Ohio Canal

$4,695,203 69

261

+Miami and Erie Canal.

6,808,800 20

Muskingum Improvement.

1,582,459 04

Ilocking Caual

940,359 76

Walhonding Canal

600,727 01

767

Total cost of Ohio Canals

$14,627,549 79

t The Miami and Erie Canal comprises the Miami Canal (including the Warren County Canal, costing $861,473.52), the Miami Extension (costing $3,112,- 953.63), and the Wabash and Eric (costing $2,834,- 373.14).

The accounts of these Works, up to Jan. 1, 1859, as regards their net revenue and expenditure for repairs, etc., stood as follows:

Canals.

Net Receipts.

Excess of Expenditures over Receipts.

Balance applicable to Interest.

Ohio Canal

$7,600,169 95

Miami and Erie.

4,500,067 76

$4,476,646 43 1,663,595 47

Muskingum Improve- ment

493,759 02

$15,298 25

Hocking Canal

160,181 73

46,522 04

Walhonding.

- 20,230 30

9,700 86

Totals $12,824,408 76

$71,521 15

$6,140,241 90

Net balance applicable to payment of interest.

6,068,720 75

The School system of Ohio, now so ample and successful, dates its real commencement in 1825, and received its start in connection with the adoption of the Canal system entered upon at that time. This relation is due to the faet, that the friends of the two interests made " common cause " to some extent sixty years 'ago, when the first State tax for School pur- poses (one-half mill on the dollar), was levied. In 1838 the School laws were revised and a State Sehool fund of $200,000 was established for distribution among the Counties. The adoption by the State in 1850 of the local act known as the " Akron School Law," was a very important advance. Under it the Schools were classified so far as might be praetieable, and education made free to all children and youth, save where the parents or guardians of white pupils made objection to the attendance of colored children. In 1873 the School aets were consolidated in a general law, which pro- vides for more systematic and effective man- agement, while more liberal provision is made for educational facilities. Among the powers given local Boards of Education are these : They may levy an annual tax not exceeding seven mills on the dollar ; may require any language to be taught; and are required to have German taught upon demand of seventy- five freeholders of the District, representing at least forty pupils ; all branches must be taught in English ; Boards may establish separate Schools for colored children, when the number

Total original cost of Construction $14,627,549 79

Total cost of Repairs 6,782,526 15

Aggregate cost inclusive of Repairs $21,410,075 94 Interest on cost at 6 per cent. (to '59). $14,042,447 68 Revenue from Canals applicable to interest $6,068,720 75

Received from sale of Caual lands 1,753,783 51

7,822,504 26

Difference of Interest paid and Revenue received __ $6,219,943 42

From 1826 to 1836, the Connties having Canals paid in Canal tax, $481,953.78; while the Counties having no Canals, paid $474,840.59. In both State and Canal taxes, from 1837 to 1845, the former class paid $2,962,610.65, and the latter elass, $2,979,747.95. And in State taxes for all purposes, from 1846 to 1858, the former paid $13,631,416.99, and the latter, $13,097,711.75. These figures show that the $27,630,- 019.36 sunk by the State in eost and interest up to November 15, 1858, was about equally divided be- tween the Counties having and those not having Canals. Results since that date, as the burthen of the continued loss, are not at hand, bnt are probably not essentially different from the foregoing.

OUTLINE HISTORY OF THE STATE OF ONIIO.

of such exceeds twenty, and provide suitable evening Schools for white pupils not able to attend the day Schools. The following sta- tisties for the year 1885, indicate the progress made in educational facilities in Ohio, to-wit : Number of youth of school age in the State in Sep-

tember, 18%. 1,095,469

Nuuber of youth of school age in the State in Sep- tember, 1851. 1,082,295

Number of school districts in the State

2,099

Number of sub-districts in township districts 11.795

Number of school-houses in township districts 11,155

Number of school-houses erected within the year .. 455

('ost of school-houses within the year.

$1,194,821

Estimated value of school houses, including grounds, $27,969,757 Number of teachers necessary to supply schools ___ 18,181

Number of different teachers actually employed .. Average number of weeks the schools were in ses-

24,628

sion in township districts. 29

Average number of weeks the schools were in ses- sion in separate districts

Number of pupils enrolled in the schools. 774,660

Average number of pupils iu daily attendance 517,569

Number of school officers

51,762

Total receipts, including balance on hand Septem- ber 1. 1881.

$13,626,709.32

Total expenditures

10,093,938.17

There are now in Ohio 54 Colleges and other institutions of learning established under au- thority of the State. Of these 32 are Colleges mostly denominational ; 12 are Schools of Med- icine: 7 of Theology; and 2 of Law.

What is known as the " Toledo War," arose from a disagreement between the State of Ohio and the United States, in regard to the bound- ary line between that State and the Territory of Michigan. Under the act of Congress of 1802, authorizing the organization of the State of Ohio, the Northern boundary fixed for the same, was "an East and West line drawn through the Southern extremity of Lake Michigan running East, after intersecting the due North line from the mouth of the Miami ( Maumee), uutil it should intersect Lake Erie on the Territorial line; and thenee, with the same, through Lake Erie to the Pennsylvania line." In 1805 the Territory of Michigan was established by Congress, and its Southern boundary declared to be " a line drawn East from the Southerly bend of Lake Michigan until it should intersect Lake Erie, and East of a line drawn from the Southerly bend through the middle of Lake Erie to its Northern ex- tremity." The two lines did not agree, a materiał strip of land lying between them, which was made the more important by the fact, that it ineluded the mouth of the Manmee River and the site of the present City of To- ledo. The question did not assume its full significance until 1835, when the State of Ohio

found it necessary to fix upon a Northern outlet for the Miami and Erie Canal, then in the course of construction. It being necessary to reach the waters of Lake Erie within the disputed territory, the question of boundary became urgent. The Territory of Michigan, from the first. had exercised jurisdiction over this strip, without dispute. In 1835 action was taken by the Ohio authorities looking to the assertion of its claim to such territory, when the Mieh- igan Territorial Legislature passed an act making it a penal offense for any person to assume to exercise official authority there, un- der color of any other authority than the laws of that Territory. This action was followed by the ereetion of the County of Lucas by the Ohio Legislature, to include the disputed strip. Following this, came military demonstrations on both sides, which were more or less threat- ening. A few arrests were made and much bitterness provoked ; but the matter was soon put in shape for adjustment, by referring the dispute to Congress. The result was, the con- firmation of the Ohio claim and the admission of Michigan into the Union with an extension of its Northern boundary to include the upper peninsula and the country lying along the shore of Lake Superior and the rich mining region of that section .*

The first salt manufactured in Ohio, was made on the Scioto River, as early as 1794, and was transported by pack-mules across the Alleghany Mountains, and sold at 86 to $10 per bushel. The product of the Scioto salt- works in 1808 amounted to 20,000 bushels, and then sold at 83 per bushel. Stronger brines appearing elsewhere, the manufacture at that point in time ceased. The salt-producing sec- tions in this State are divided as follows : District No. 1 - Hocking Valley (Athens County). No. 2-Muskingum Valley (Morgan and Muskingum Counties). No. 3-Tuseara- was Valley (Columbiana, Guernsey and Tus- carawas Counties). No. 4-Ohio River Val- ley (Meigs County, Ohio, and Mason County, W. Va.) Three-fourths of the entire produet of salt in these districts, is made in District No. 4, where 7,917,236 bushels were manufac- tured in 1881. The depths of the 115 wells average 956 feet, with a strength of brine of 36 5 per cent.

The subject of the " Toledo War" is treated more fully in a subsequent chapter of this work.

CONSTITUTION OF 1851.

The first Railroad charter granted in Ohio, was that of the Mad River and Lake Erie Road, to connect Sandusky and Dayton (since the Cincinnati, Sandusky and Cleveland Road), enacted June 2, 1832. Other charters soon followed, the most of which were never used. The first Railroad operated within the State, was the Erie and Kalamazoo, from Toledo to Adrian, Mich., (33 miles), and now constituting a part of the Lake Shore and Michigan South- ern Road. Its charter was granted by the Territorial Legislature of Michigan in 1832, when the entire route of the Road was under Michigan jurisdiction. It was opened for traffic during the fall of 1836, and operated by horse- power, the first locomotive being used the next summer. The Sandusky and Dayton Road was finished to Bellevue (16 miles), in 1839. In 1841 the Railway mileage in Ohio was 41 miles ; 572 in 1851 ; 3,024 in 1861 ; and 3,457 in 1871. In 1881, there were 5,353 miles of main track, 356 miles of branches, 194 miles of double track, and 1,185 miles of sidings, etc., making a total of 7,088 miles, of which 266 miles were in Hamilton, 258 in Cuyahoga, 208 in Lucas and 189 in Franklin County. The total taxable valuation of these Roads was then $82,- 713,780, on which 81,223,711 in taxes was paid.

The first Territorial Delegate from the Northwest in Congress, was Gen. Wm. H. Har- rison, elected in 1799. In 1800 he resigned upon being appointed Governor of the Terri- tory of Indiana, and William McMillan, also of Hamilton County, was chosen as his suc- cessor. Paul Fearing of Washington County was elected in 1801, who served until the State Government went into operation, when Thomas Worthington of Ross, and John Smith of Ham- ilton, as Senators, and Jeremiah Morrow of Warren, as Representative, represented the State in Congress, the latter continuing as such until 1813, when the State was divided into Congressional Districts. The number of these at this time (1886) is 21.

Amendments to the State Constitution were added from time to time, but no general revi- sion thereof was made until the Constitution of 1851 was adopted. The changes made in the form and mode of government were not numerous, nor very important. A Lieutenant Governor was provided and made elective by the people, to preside over the Senate and act as Governor in case of vacancy, and Pro-

bate Courts for the several Counties. The limited power of the Governor was continued. Among the more important of the provisions of this Constitution, was that forbidding the granting of licenses for the sale of intoxicating liquors, which was a departure from the pre- ceding policy of the State in that regard. A third Constitutional Convention assembled in 1873, adjourning in 1874, by which a new or- ganic law was framed, after a session of 188 days, but it failed to meet the popular ap- proval at a succeeding election. The work of this body was singularly unsatisfactory to the people, and not less so for the expense of which it was the source. The entire cost of the Convention of 1802 did not reach 85,000; whereas, the official report of the proceed- ings and debates alone in 1874 amonnted to $13,695.78, the aggregate expense being but little less than $200,000. Special amendments to the Constitution have been submitted to the popular vote by the Legislature from time to time, some of which were adopted and others rejected. Notably among these was the one approved in 1883, providing for a system of Circuit State Courts, intermediate between the Common Pleas and the Supreme Court, and de- signed to facilitate the administration of justice by relieving the latter judieatory of its im- practicable charge. At the same time, were submitted two antagonistic provisions relating to the liquor traffic, one for a license system, under direction of the Legislature, and the other for utter prohibition of the manufacture or sale of liquors in the State. The result was defeat of both propositions. In this connec- tion may be mentioned two separate attempts by the Legislature so to subject the liqnor traffic to taxation and regulation, as should evade the prohibitory section of the existing Constitution. One of these was known as the " Pond" and the other as the "Scott" law. Both were pronounced unconstitutional by the Supreme Court, although the latter act was approved by that Court when first sub- mitted. At the session of 1885-86, a third act, looking to the taxation of the liquor traffic, was passed by the Legislature. It is known as the " Dow " law, and in its general scope and aim, is much like the two acts already named. . Its constitutionality was challenged, but the Supreme Court, by a decision rendered in December, 1886, affirmed its validity.

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History of the city of Toledo and Lucas County, Ohio, Part 2

Author: Waggoner, Clark, 1820-1903 Publication date: 1888 Publisher: New York and Toledo : Munsell & Company Number of Pages: 1408

Author: Waggoner, Clark, 1820-1903
Publication date: 1888
Publisher: New York and Toledo : Munsell & Company
Number of Pages: 1408