The History of Tuscarawas County, Ohio, Part 21

Author: Warner, Beers & Co.
Publication date: 1884
Publisher:
Number of Pages: 1017


USA > Ohio > Tuscarawas County > The History of Tuscarawas County, Ohio > Part 21


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).


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202


HISTORY OF THE STATE OF OHIO.


POPULATION OF OHIO BY COUNTIES.


COUNTIES


1820


1830


1840


1850


1860


1870


1880


The State


581484


937903


1519467


1980329


2389511


2665260


3198002


1 Adams


10406


12281


18188


18883


20909


20750


24005


2 Allen


578


9079


12109


19185


23623


31314


3 Ashland


7882


14584


23724


28767


31814


82517


87139


5 Athens


6338


9787


19109


18215


21364


28768


28411


6 Auglaize


20829


28827


30901


34600


36398


39714


8 Brown


13356


17867


22715


27882


29958


30602


82911


9 Butler


21746


27142


28178


30789


35840


39912


42579


10 Carroll


8479


12181


16721


19782


22698


24188


27817


12 Clark.


9588


18114


16882


22178


25300


32070


41948


18 Clermont


15820


20466


23106


30455


83034


34268


36713


14 Clinton.


8085


11486


15719


18838


21461


21914


24756


15 Columbiana


-22033


35592


40378


33621


32836


88299


48602


16 Coshocton


7086


11161


21590


25674


25032


23600


26612


17 Crawford


68:28


10373


26506


48099


78033


182010


196943


19 Darke .


3717


6204


18282


20276


26009


$2278


40196


20 Defiance


7639


11504


22060


21817


23902


25175


27381


22 Erie ..


16633


24786


31924


30264


30538


31138


34281


24 Fayette


6316


8182


10984


12726


15935 50361


63019


86797


27 Gallia


7098


9733


13444


17063


22043


25545


28124


29 Greene.


9292


18036


27748


90438


24474


23898


27197


31 Hamilton


81764


52317


80145


156844


216410


260370


813374


82 Hancock


813


9986


16751


22886


23847


27784


88 Hardin


210


4598


8251


13570


18714


27023


34 Harrison


14345


20916


20099


20157


19110


18682


20456


35 Henry


12908


16345


22269


25781


27773


29183


80281


37 Hocking


2130


4008


9741


14119


17057


17925


21126


38 Holmes


9185


18088


20452


20589


18177


20776


40 Jackson


3746


5941


9744


12719


17941


21759


23686


41 Jefferson


8326


17085


29579


28872


27735


26333


27431


43 Lake


8499


5367


9788


15246


23249


31380


39068


45 Licking


3181


6440


14015


19162


20996


23028


26267


47 Lorain


5696


18467


26086


29744


30308


85526


48 Lucas


4799


6190


9025


10015


13015


15633


20129


50 Mahoning


6551


14765


12618


15490


16184


20563


52 Medina


8082


7560


18352


24441


22517


20092


21453


53 Meigs


4480


6158


11452


17971


26534


81465


32325


54 Mercer


8851


12807


19688


24999


29959


32740


36158


56 Monroe


15999


24362


31938


38218


52230


64006


78350


58 Morgan


5297


11800


20852


28585


22119


20363


20074


59 Morrow


17824


29334


88749


45049


44416


44886


49774


62 Ottawa


161


1034


1766


8544


13483


64 Perry


13149


16001


19725


21006


23469


24875


27415


66 Pike.


4253


6024


7626


10953


13643


15447


17927


67 Portage


10237


16291


19482


21736


21820


21809


24583


69 Putnam


9169


24006


44532


30879


31158


$2516


86306


71 ROBS


852


2851


10182


14305


21429


25503


32057


73 Scioto


5750


8740


11192


18428


24297


29902


33511


74 Seneca


2106


2671


12154


13958


17493


20748


24137


76 Stark ..


12406


26588


84603


39878


42978


52508


64081


77 Summit


15546


26153


38107


30490


30656


38659


44880


79 Tuscarawas


8328


14298


25631


81761


82463


83840


40196


80 Union


1996


3192


8422


12204


16507


18730


22375


81 Van Wert


49


1577


4793


10238


15823


23028


82 Vinton


9358


13631


15027


17228


83 Warren


17837


21468


23141


25560


26902


26689


28892


84 Washington


10425


11731


20823


29540


36268


40609


48244


85 Wayne ..


11933


23333


85808


$2981


32483


35116


40076


86 Williams


387


4465


8018


16633


20991


23821


87 Wood


733


1102


5357


9157


17886


24596


34022


88 Wyandot


11194


15596


18553


22396


1


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1


1110


8277


7712


14104


17254


21808


55 Miami


4615


8768


18521


28851


25741


25779


26496


57 Montgomery


20445


18583


19072


60 Muskingum


20751


19949


21158


63 Paulding


8429


13970


19344


20775


19678


18458


28218


65 Pickaway


10095


18826


22965


24419


24208


24584


27500


68 Preble


290


5189


7221


12808


17081


23718


70 Richland


20619


24068


27460


32074


35071


37097


40307


72 Sandusky


5159


18128


27104


30868


80827


36947 .


22560


27485


27344


34674


43788


61 Noble .


2248


8308


13364


19762


39 Huron


18341


23938


26203


26616


28532


31609


42 Knox


13719


14654


15576


15935


16326


44 Lawrence


11861


20869


85096


38846


87011


35756


40450


25 Franklin


10292


14741


25049


42909


7781


14048


17789


21058


28 Geanga


7791


15813


16297


17827


15817 26197


14190


14251


10529


14801


17528


21946


28038


31849


80 Guernsey


262


2508


8484


8901


14028


20585


36 Highland


18531


22489


25030


29183


26115


29188


39018


46 Logan


12863


25831


4672-2


67814


49 Madison


23735


25894


31001


42871


51 Marion


4791


13152


18177


23881


25556


30583


18 Cuyahoga


6966


11886


15719


22515


21 Delaware


12599


18568


24474


28188


82640


23 Fairfield


17170


20364


26 Fulton


18108


17685


15738


14491


16416


23813


22951


21933


23883


4 Ashtabula


11838


17187


20041


25444


7 Belmont


49688


11 Champaign


1


6675


9382


20280


7016 4945


75 Shelby


78 Trumbull


-


HISTORY OF THE STATE OF OHIO. POPULATION OF THE UNITED STATES.


STATES AND TERRITORIES.


AREA IN SQUARE MILES.


MIL'S R. R. 1882.


STATES AND TERRITORIES.


AREA IN SQUARE MILES.


1870.


1880.


STATES.


STATES.


Alabama


50,722


996,992


1,262,505 1,802


Oregon


95,244


90,923


174,768


689


Arkansas.


52,198


484,471


802,526 1,041


Pennsylvania


46,000


3,521,791


4,282,891


6,690


California


188,981


560,247


864,694 2,266


Rhode Island


1,306


217,353


276,531


211


Colorado


South Carolina.


29,385


705,606


995,577


1.483


Connecticut .


4,674


537,454


Tennessee ..


45,600


1,258,520


1,542,359


1,973


Delaware


2,120


125,015


Texas


237,504


818,579


1,591,749


5,844


Florida


59,268


187,748


269,493 793


Vermont


10,212


330,551


332,286


915


Georgia


58,000


1,184,109


1,542,180 2,581


Virginia


40,904


1,225,163


1,512,565


2,193


Illinois.


55,410


2,539,891


3,077,871 8,325


West Virginia ..


23,000


442,014


618,457


711


Wisconsin


53,924


1,054,670


1,315,497


3,441


Iowa ...


55.0-5


1,191,792


1,624,615 6,112


Kansas


81,318


364,399


996,096 3,718


1,950,171 38,113,253


TERRITORIES.


Arizona


113,916


9,658


40,440


557


Maryland


11,184


780,894


934,943 1,047


104,500


39,864


135,177


1,638


Michigan


56,451


1,184,069


1,606,937 4,283


60


131,700


177,624


...


Minnesota.


83,531


459,706


780,773 3,390


Idaho


90,932


14,999


32,610


265


Mississippi


47,156


827,922


1,131,597 1,231


Montana.


143,776


20,595


39,159


231


Missouri.


65,350


1,721,295


2,168,380 4,211


New Mexico ...


121,201


91,874


119,565


975


Nebraska


75,995


123,993


452,402 2,310


Utah.


80,056


86,786


143,963


908


Nevada


112,090


42,491


62,266 890


Washington


69,944


23,955


75,116


479


Wyoming


93,107


9,118


20,789


533


New Jersey.


8,320


906,096


346,991 1,025 1.131,116 1,753


New York


47,000


4,382,759


5,082,871 6,278


North Carolina.


50,704


1,071,361


1,399,750 1,619


Ohio .


39,964


2,665,260


3,198,062 6,663


Aggregate of U. S ... 2,915,203 38,555,983 50,155,783


PRINCIPAL COUNTRIES OF THE WORLD. POPULATION AND AREA.


COUNTRIES.


POPULATION


DATE OF


CENSUS.


AREA OF SQUARE MILES.


CAPITALS.


POPU- LATION.


China


380,627,183


1881


4,413,788


Pekin


2,000,000


British India


254,899,516


1881


1,425,723


Calcutta ...


500,000


Russia ...


98,297,407


1879


8,387,816


St. Petersburg (1881) ..


876,575


United States-with Alaska.


50,442,066


1880


3,602,990


Washington


147,293


German Empire


45,234,061


1880


212,091


Berlin


1,122,360


Turkey ...


42,213,400


1881


2,396,692


Constantinople


800,000


Austria and Hungary


37,786,246


1880


240,942


Vienna


1,103,857


France


37,405,240


1881


204,092


Paris


2,269,023


Japan ..


35,925,313


1879


148,700


Yeddo


200,000


Great Britain and Ireland


35,262,762


1881


120,879


London


4,764,312


Italy ...


28,452,639


1881


114,296


Florence


169,000


Egypt.


16,952,000


1875


1,406,250


Cairo


250,000


Spain.


16,625,860


1877


182,750


Madrid


397,690


Mexico


10,025,649


1881


743,948


Mexico


315,996


Brazil


9,883,622


1872


3,287,963


Rio de Janiero


274,972


Persia


7,653,600


1881


610,000


Teheran .


200,000


Sweden and Norway


6,497,245


1881


293,848


Stockholm


168,775


Belgium


5,519,844


1880


11,373


Brussels


350,000


Roumania


5,290,000


1878


48,307


221,805


Portugal ..


4,348,551


1878


36,510


246,343


Dominion of Canada


4,324,810


1881


3,470,392


Ottawa


27,412


Netherlands


4,114,077


1881


12,648


328,047


Switzerland ..


2,846,102


1880


15,992


68,320


Peru


2,699,945


1876


503,718


101,488


Chili.


2,223,484


207,350


Venezuela


2,075,245


1881


439,120


Greece ..


1,979,805


1881


25,041


Athens


63,374


ยท Denmark


1,969,039


1880


13,784


234,850


Argentine Confederation


1,859,685


1,204,486


289,925


Servia.


1,700,211


20,850


Belgrade ...


27,000


Guatemala.


1,252,497


1881


41,830


Santiago de Guatemala


55,728


Ecuador


1,066,137


1875


248,372


Quito


70,000


Liberia


1,050,000


14,300


13,000


Hayti ...


800,000


10,204


22,000


San Salvador


554,785


1878


7.225


18,500


Uruguay


438,245


1880


78,538


Montevideo


73,353


Nicaragua


350,000


49,500


Managua


8,000


Honduras ..


350,000


39,600


Tegucigalpa ..


12,000


San Domingo


300,000


1880


18,045


San Domingo


10,000


Costa Rica


180,000


26,040


San Jose ....


2,500


Indiana


33,809


1,680,637


1,978,301 4,764


Kentucky


37,600


1,321,011


1,648,690 1,714


Louisiana


41,346


726,915


939,946 999


Maine


31,776


626,915


648,936 1,021


Massachusetts


7,800


1,457,351


1,783,085 1,934


Dakota


147,490


14,181


New Hampshire ..


9,280


318,300


Total Territories ..


965,032


442,730


Google


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203


POPULATION.


POPULATION.


MIL'S R. R.


1882.


1870.


1880.


194,327 2,274


6%2,700 958


146,608 278


Total States


Colorada


Geneva


Lima


Bolivia


2,300,000


La Paz


Santiago


387,081


Caraccas


60,000


Copenhagen


1869 1880


Buenos Ayres (1881) ...


Monrovia.


Port au Prince


San Salvador


Bucharest


Lisbon ..


Amsterdam


District of Columbia


204


HISTORY OF THE STATE OF OHIO.


COMMENTS UPON THE ORDINANCE OF 1787, FROM THE STATUTES OF OHIO, EDITED BY SALMON P. CHASE, AND PUB- LISHED IN THE YEAR 1833.


[It would be difficult to find a more comprehensive review of the founda- tions of our system of laws than is given in the "Preliminary Sketch of the History of Ohio," by this distinguished representative of the bench and the bar of America. The work is now out of print, and is not easily obtained; besides, its great author has passed away; so these extracts are made more with a view of preserving old historical literature, than of introducing new; furthermore, the masses of the people have never had convenient access to the volumes, which, for the most part, have been in the hands of professional men only. The publication of the work first brought its compiler before the public, and marked the beginning of that career which, during its course, shaped the financial system of our country, and ended upon the Supreme Bench of the nation.]


By the ordinance of 1785, Congress had executed in part the great national trust confided to it, by providing for the disposal of the public lands for the common good, and by prescribing the manner and terms of sale. By that of 1787, provision was made for successive forms of Territorial government, adapted to successive steps of advancement in the settlement of the Western country. It comprehended an intelligible system of law on the descent and conveyance of real property, and the transfer of personal goods. It also con- tained five articles of compact between the original States, and the people and States of the Territory, establishing certain great fundamental principles of governmental duty and private right, as the basis of all future constitutions and legislation, unalterable and indestructible, except by that final and common ruin, which, as it has overtaken all former systems of human polity, may yet overwhelm our American union. Never, probably, in the history of the world, did a measure of legislation so accurately fulfill, and yet so mightily exceed the anticipations of the legislators. The ordinance has been well described, as having been a pillar of cloud by day and of fire by night, in the settlement and government of the Northwestern States. When the settlers went into the wilderness, they found the law already there. It was impressed upon the soil itself, while it yet bore up nothing but the forest. The purchaser of land became, by that act, a party to the compact, and bound by its perpetual cove- nants, 'so far as its conditions did not conflict with the terms of the cessions of the States.


* * *


* *


*


This remarkable instrument was the last gift of the Congress of the old confederation to the country, and it was a fit consummation of their glorious


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207


HISTORY OF THE STATE OF OHIO.


labors. At the time of its promulgation, the Federal Constitution was under discussion in the convention; and in a few months, upon the organization of the new national government, that Congress was dissolved, never again to re-as- semble. Some, and indeed most of the principles established by the articles of compact are to be found in the plan of 1784, and in the various English and American bills of rights. Others, however, and these not the least important, are original. Of this number are the clauses in relation to contracts, to slavery and to Indians. On the whole, these articles contain what they profess to con- tain, the true theory of American liberty. The great principles promulgated by it are wholly and purely American. They are indeed the genuine princi- ples of freedom, unadulterated by that compromise with circumstances, the effects of which are visible in the constitution and history of the Union. * * * * * * *


The first form of civil government, provided by the ordinance, was now formally established within the Territory. Under this form, the people had no concern in the business of government. The Governor and Judges derived their appointments at first from Congress, and after the adoption of the Fed- eral Constitution, from the President. The commission of the former officer was for the term of three years, unless sooner revoked; those of the latter were during good behavior. It was required that the Governor should reside within the Territory, and possess a freehold estate there, in one thousand acres of land. He had authority to appoint all officers of militia, below the rank of Generals, and all magistrates and civil officers, except the Judges and the Secretary of the Territory; to establish convenient divisions of the whole dis- trict for the execution of progress, to lay'out those parts to which the Indian titles might be extinguished into counties and townships. The Judges, or any two of them, constituted a court with common law jurisdiction. It was neces- sary that each Judge should possess a freehold estate in the territory of five hundred acres. The whole legislative power which, however, extended only to the adoption of such laws of the original States as might be suited to the cir- cumstances of the country, was vested in the Governor and Judges. The laws adopted were to continue in force, unless disapproved by Congress, until re- pealed by the Legislature, which was afterward to be organized. It was the duty of the Secretary to preserve all acts and laws, public records and executive proceedings, and to transmit authentic copies to the Secretary of Congress every six months.


Such was the first government devised for the Northwestern Territory. It is obvious that its character, as beneficent or oppressive, depended entirely upon the temper and disposition of those who administrated it. All power, legisla- tive, judicial and executive, was concentrated in the Governor and Judges, and in its exercise they were responsible only to the distant Federal head. The expenses of the Government were defrayed in part by the United States, but were principally drawn from the pockets of the people in the shape of fees.


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HISTORY OF THE STATE OF OHIO.


This temporary system, however unfriendly as it seems to liberty, was, perhaps, so established upon sufficient reasons. The Federal Constitution had not then been adopted, and there were strong apprehensions that the people of the Territory might not be disposed to organize States and apply for admission into the Union. It was, therefore, a matter of policy so to frame the Territorial system as to create some strong motives to draw them into the Union, as States, in due time.


The first acts of Territorial legislation were passed at Marietta, then the only American settlement northwest of the Ohio. The Governor and Judges did not strictly confine themselves within the limits of their legislative author- ity, as prescribed by the ordinance. When they could not find laws of the original States suited to the condition of the country, they supplied the want by enactments of their own. The earliest laws, from 1788 to 1795, were all thus enacted. The laws of 1788 provided for the organization of the militia; for the establishment of inferior courts; for the punishment of crimes, and for the limitations of actions; prescribed the duties of ministerial officers; regu- lated marriages, and appointed oaths of office. That the Governor and Judges in the enactment of these laws, exceeded their authority, without the slightest disposition to abuse it, may be inferred from the fact that except two, which had been previously repealed, they were all confirmed by the first Territorial Legislature.


*


At this period there was no seat of government, properly called. The Governor resided at Cincinnati, but laws were passed whenever they seemed to be needed, and promulgated at any place where the Territorial legislators hap- pened to be assembled. Before the year of 1795, no laws were, strictly speak- ing, adopted. Most of them were framed by the Governor and Judges to answer particular public ends; while in the enactmant of others, including all the laws of 1792, the Secretary of the Territory discharged, under the author- ity of an act of Congress, the functions of the Governor. The earliest laws, as has been already stated, were published at Marietta. Of the remainder, a few were published at Vincennes, and the rest at Cincinnati.


In the year 1789, the first Congress passed an act recognizing the binding force of the ordinance of 1787, and adapting its provisions to the Federal Con- stitution. This act provided that the communications directed in the ordinance to be made to Congress or its officers, by the Governor, should thenceforth be made to the President, and that the authority to appoint with the consent of the Senate, and commission officers, before that time appointed and commis- sioned by Congress, should likewise be vested in that officer. It also gave the Territorial Secretary the power already mentioned, of acting in certain cases, in the place of the Governor. In 1792, Congress passed another act giving to the Governor and Judges authority to repeal, at their discretion, the laws by


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209


HISTORY OF THE STATE OF OHIO.


them made; and enabling a single Judge of the general court, in the absence of his brethren, to hold the terms.


At this time the Judges appointed by the national Executive constituted the Supreme Court of the Territory. They were commissioned during good behavior; and their judicial jurisdiction extended over the whole region north- west of the Ohio. The court, thus constituted, was fixed at no certain place, and its process, civil and criminal, was returnable wheresoever it might be in the Territory. Inferior to this court were the County Courts of Common Pleas, and the General Quarter Sessions of the Peace. The former consisted of any number of Judges, not less than three nor more than seven, and had a general common-law jurisdiction, concurrent, in the respective counties, with that of the Supreme Court; the latter consisted of a number of Justices for each county, to be determined by the Governor, who were required to hold three terms in every year, and had a limited criminal jurisdiction. Single Judges of the Common Pleas, and single Justices of the Quarter Sessions, were also clothed with certain civil and criminal powers to be exercised out of court. Besides these courts, each county had a Judge of Probate, clothed with the ordinary jurisdiction of a Probate Court.


Such was the original constitution of courts and distribution of judicial power in the Northwestern Territory. The expenses of the system were de- frayed in part by the National Government, and in part by assessments upon the counties, but principally by fees, which were payable to every officer con- cerned in the administration of justice, from the Judges of the General Court downward.


In 1795, the Governor and Judges undertook to revise the Territorial law&, and to establish a complete system of statutory jurisprudence, by adoptions from the laws of the original States, in strict conformity to the provisions of the ordinance. For this purpose they assembled at Cincinnati, in June, and continued in session until the latter part of August. The judiciary system un- derwent some changes. The General Court was fixed at Cincinnati and Marietta, and a Circuit Court was established with power to try, in the several counties, issues in fact depending before the superior tribunal, where alone causes could be finally decided. Orphans' Courts, too, were established, with jurisdiction analogous to but more extensive than that of a Judge of Probate. Laws were also adopted to regulate judgments and executions, for limitation of actions, for the distribution of intestate estates, and for many other general purposes. Finally, as if with a view to create some great reservoir, from which, whatever principles and powers had been omitted in the particular acts, might be drawn according to the exigency of circumstances, the Governor and Judges adopted a law, providing that the common law of England and all general statutes in aid of the common law, prior to the fourth year of James I, should be in full force within the Territory. The law thus adopted was an act of the Virginia Legislature, passed before the Declaration of Independence, when Virginia was


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HISTORY OF THE STATE OF OHIO.


yet a British colony, and at the time of its adoption had been repealed so far as it related to the English statutes.


The other laws of 1795 were principally derived from the statute book of Pennsylvania. The system thus adopted, was not without many imperfections and blemishes, but it may be doubted whether any colony, at so early a period after its first establishment, ever had one so good.


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And how gratifying is the retrospect, how cheering the prospect which even this sketch, brief and partial as it is, presents! On a surface, covered less than half a century ago by the trees of the primeval forest, a State has grown up from colonial infancy to freedom, independence and strength. But thirty years have elapsed since that State, with hardly sixty thousand inhabitants, was admitted into the American Union. Of the twenty-four States which form that Union, she is now the fourth in respect to population. In other respects, her rank js even higher. Already her resources have been adequate, not only to the expense of government and instruction, but to the construction of long lines of canals. Her enterprise has realized the startling prediction of the poet, who, in 1787, wher. Ohio was yet a wilderness, foretold the future con- nection of the Hudson with the Ohio.


And these results are attributable mainly to her institutions. The spirit of the ordinance of 1787 prevades them all. Who can estimate the benefits which have flowed from the interdiction by that instrument of slavery and of legislative interference with private contracts? One consequence is, that the soil of Ohio bears up none but freemen; another, that a stern and honorable regard to private rights and public morals characterizes her legislation. There is hardly a page in the statute book of which her sons need be ashamed. The great doctrine of equal rights is everywhere recognized in her constitution and her laws. Almost every father of a family in this State has a freehold interest in the soil, but this interest is not necessary to entitle him to a voice in the concerns of government. Every man may vote; every man is eligible to any office. And this unlimited extension of the elective franchise, so far from pro- ducing any evil, has ever constituted a safe and sufficient check upon injurious legislation. Other causes of her prosperity may be found in her fertile soil, in her felicitous position, and especially in her connection with the union of the States. . All these springs of growth and advancement are permanent, and upon a most gratifying prospect of the future. They promise an advance in population, wealth, intelligence and moral worth as permanent as the existence of the State itself. They promise to the future citizens of Ohio the blessings of good government, wise legislation and universal instruction. More than all, they are pledges that in all future, as in all past circumstances, Ohio will cleave fast to the national constitution and the national Union, and that her growing energies will on no occasion, be more willingly or powerfully put forth, than in the support and maintenance of both in unimpaired vigor and strength.


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R. M. ROBY


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PART III. HISTORY OF TUSCARAWAS COUNTY.


BY J. B. MANSFIELD.


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HISTORY OF TUSCARAWAS COUNTY.


CHAPTER I.


PRELIMINARY SURVEY.


P ROBABLY the history of no part of Eastern Ohio is fraught with deeper interest than that of Tuscarawas County. The history of every county, chronicling the pioneer period of trial and privation, the gradual development of the country's resources, and the rise and progress of its various institutions, has a local interest and value, but in Tuscarawas County events have trans- pired which give it a wider, though a sad, celebrity. They cover a period of greater duration, and a field of wider range than attaches to an ordinary county.




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