The History of Union County, Ohio, containing a history of the county; its townships, towns military record;, Part 28

Author: Durant, Pliny A. [from old catalog]; Beers, W. H., & co., Chicago, pub. [from old catalog]
Publication date: 1883
Publisher: Chicago, W. H. Beers & co.
Number of Pages: 1254

USA > Ohio > Union County > The History of Union County, Ohio, containing a history of the county; its townships, towns military record; > Part 28

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Hon. Henry L. Dickey spoke as follows on the subject: "The threaten- ing attitude of the Ohio Agricultural and Mechanical College toward the holders of these lands, together with the fact that by it caveats have been filed in the General Land Office to prevent the issuing of patents even upon the lands that were located and surveyed three-quarters of a century ago, is well calculated to disturb the farmer who for many years had paid his taxes and knew nothing of legislative schemes and tricks of law. In hundreds of in- stances, lands are held and have been for years simply upon location and sur- vey, and in all 'there is excess.' Homes where the hardy pioneer built his cabin. cleared his fields, and sowed and reaped for years, and where his chil- dren had grown to manhood and womanhood, now in his old age the old farm, 'the dearest spot on earth' to him, where his children and his grandchildren

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HISTORY OF UNION COUNTY.

return to cheer his declining years and receive his fatherly blessing, is found to be no home. A cloud has intervened, and its darkness is more chilling to his soul than even the approach of that invisible reaper whose sickle he knows to be near. His home is more than shackled. Those fields are more than bound. The very landmarks that have grown mossy with age and peace are no longer pointed to with that honest pride and satisfaction which had for so many years been his. The despoiler has come: he would 'cause the naked to lodge without clothing,' and, in violation of the divine injunction, 'Thou shalt not remove thy neighbor's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the Lord thy God giveth thee to possess it,' would 'pluck the fatherless from the breast and take a pledge of the poor .? "

The attention of Congress was called to the matter, and soon, action being necessary, an act was passed May 27, 1880, in effect limiting the rights of the College to the unappropriated lands. The previous acts extending the time for making and filing surveys had been passed chiefly through the influence of unprincipled speculators in military lands. Congress effectually thwarted their schemes in 1855, but in the act of 1880, referred to, such provisions were inserted as to throw open to litigation between the present occupants and the heirs of the original locators the whole of the 130,000 acres of unpatented lands, and, "having secured this legislation." says the article before quoted, "the land-sharks of Ohio and Virginia organized for a campaign of blackmail and ejectment." Much trouble ensued, and in some cases large sums were paid by present occupants to satisfy unjust claims. Gen. James S. Robinson, of Hardin County, representing in Congress the district which included Union County, fought a bill through at the last session (1881-82) protecting the present occupants of military lands in their just rights, and has another bill on foot in the present Congress, granting patents to the just and equitable owners of these lands and affording absolute protection against the endeavors of speculators and swindlers. Gen. Robinson's endeavors were highly appre- ciated by his constituents residing on the military lands, and beyond a doubt aided largely in returning him to Congress in the fall of 1882.

The Greenville treaty was concluded on the 3d of August, 1795, and its provisions are elsewhere given. The boundary line as then agreed upon be- tween the Indians and the whites passed through the lands in Ohio reserved by Virginia for her soldiers, and the portion thus cut off was not ceded by the red nations until 1817, as before stated. F. J. Sager, of Marysville, in an article read before the County Surveyors' Association, at Columbus. January 13, 1881, includes the following interesting notes concerning the treaty line, and other matters connected with the Virginia Military Lands:

" The most important feature of this boundary to surveyors was that it departed from natural boundaries and involved the running of lines. The one which crosses what is now Central Ohio was nearly 145 miles in length; the point designated on the Tuscarawas River was near the present village of Bolivar, and in what is now the line between Tuscarawas and Stark Counties. The western terminus was in McLean Township, Shelby County, near the out- let of the Berlin reservoir. It is related that the surveyors, accompanied by several Indian chiefs, among whom was the renowned chief Little Turtle, commenced at the western end of this line. The surveyors, not knowing the position of either end of their line, were at a loss to determine their course. They finally determined upon the novel method of solving this difficulty by requesting the Indians, one at a time, to stand in the same place and point in the direction in which they thought the line should run. From personal observations on this line, and from the testimony of others, it is evident that

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HISTORY OF UNION COUNTY.

they were governed in their course by the magnetic needle, which was almost constantly affected by local attraction and continually threw them out of line either to the right or left, while the needle at any place on this line would uniformly indicate about 80' east of north, showing apparently a straight line. This line, when mentioned in the laws and records of Ohio or the United States, is considered and treated as a straight line, but when examined inde- pendent of the magnetic needle it proves to be a very crooked one.

* * With all respect to those who are careful and honest in their work as surveyors, land lines, monuments and records are becoming more obscure and complicated. At least this is so in the irregularly surveyed districts, such as the Virginia Military Lands."

The following interesting notes on the Virginia Military Lands are from the "Code of Rules or Instructions for the Government of County Surveyors," prepared by the Secretary of State for Ohio in 1SS2:

" We have seen that Virginia, in her deed of cession of the territory north- west of the River Ohio, reserved certain lands on the north west side of the River Ohio, to make up any deficiency which might occur in the lands on the southeast side of the Ohio, reserved for those who, in conformity to the laws of Virginia, were entitled to bounty lands. Congress of July 17, 1788, by resolution, declared all surveys of lands between the Scioto and Little Miami invalid, until it had been ascertained whether there was any deficiency in the lands south of the Ohio. It was also resolved that the Executive of Virginia be requested to inform Congress whether there has been any deficiency of good lands southeast of the Ohio, and if so, what amount, and whether any checks have been provided by that State to prevent troops taking up more lands than are actually due them. This resolution was repealed by act of August 10, 1790. It appears from this act that the agents of the troops had reported an insufficiency of lands on the southeasterly side of the Ohio, and it was enacted that the names of those entitled to lands be returned by the Secretary of War to the Executive of Virginia, with the aggregate amount of acres due said line; th .t it shall be lawful for the said agents to locate between the Scioto and Miami Rivers such number of acres as shall, together with the number already located between the said two rivers and the number already located on the southeasterly side of the Ohio, be equal to the aggregate amount, so to be returned by the Secretary of War; that the said agents shall enter in a book the bounds of each location and survey, annexing the name of the person originally entitled to each, which book, the entries having first been certified by the agents, shall be filed in the office of the Secretary of State; that the President should cause letters patent to be made out to those entitled to bounty lands; that the letters patent be transmitted to the execu- tive of Virginia, to be by them [him] delivered to each grantee. This act was modified and amended subsequently, as to the mode of procedure in obtain- ing patents, as to the persons entitled to patents, and extending the time for the location of lands by numerous acts of Congress.

" It was not long before the question of boundary between the Virginia Military Lands and the Congress Lands west came up, and the issue was not finally determined for a number of years. By virtue of the act of May 10, 1800, a line was run, under the authority of the Surveyor General, by Israel Ludlow. The first section of the act of March 23, 1804, refers to this line. It enacts 'that the line run under the direction of the Surveyor General of the United States, from the source of the Little Miami toward the source of the Scioto, and which bounds on the east the surveys of the lands of the United States, shall, together with its course continued to the Scioto River, be considered and held as the westerly boundary line, north of the source of

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HISTORY OF UNION COUNTY.

the Little Miami, of the territory reserved by the State of Virginia, between the Little Miami and Scioto Rivers, for the use of the officers and soldiers of the continental line of that State;

"'Provided. That the State of Virginia shall, within two years after the passing of this act, recognize such line as the boundary of said territory.'

"By act of Congress, June 26, 1812, the President of the United States was authorized to appoint three Commissioners on the part of the United States, to act with such Commissioners as might be appointed by the State of Virginia, with full power to ascertain, survey and mark the westwardly boundary of the military reservation between the Little Miami and Scioto Rivers. The State of Virginia appointed Commissioners, who met those of the United States, and a line was run drawn from the source of the Little Miami to the course of the Scioto. This is called Roberts' line. The Commissioners ap- pointed by Virginia refused to accede to this line, claiming a still larger tract of land, by running from the source of the Scioto a straight line to the mouth of the Little Miami. The lands west were surveyed and divided into sections and parts of sections. The territory between Roberts' line and Ludlow's line, embracing a large tract of fertile land, was claimed both by purchase and loca- tion, and it became a matter of great importance to the parties to have estab- lished by a judicial decision, the western boundary line of the reservation of Virginia. For this purpose a case was agreed and taken to the Supreme Court of the United States, on error. The cause was decided in 1824, and Roberts' line virtually established. See Doddridge vs. Thompson et al., 9 Wheaton, 469. The court, however, did not advert to the act of April 11, 18IS, the third section of which provides that from the source of the Little Miami River to the Indian boundary line, established by the treaty of Green- ville in 1795, the line designated as the westerly boundary line of the Virginia tract, by an act of Congress passed on the 23d of March, 1804, viz., the Lud- low line, shall be considered and held to be such until otherwise directed by law; and from the aforesaid Indian boundary line to the source of the Scioto River, the line run by Charles Roberts, in 1812, shall be held and considered the westerly boundary line thereof.

" Why the Supreme Court overlooked the last recited act of course we cannot say, and we do not know of any cause having been assigned for disre- garding it. Be that as it may, however, Congress took immediate steps to fix the line in accordance with its act of April 11, 1818. On May 26, 1824, an act was passed authorizing the President of the United States to ascertain the number of acres of land and the value thereof, exclusive of improvements, of all such lands lying between Ludlow's and Roberts' lines, in the State of Ohio, as may, agreeably to the principles of the decision in the case of Dod- dridge's Lessee vs. Thompson and Wright, be held by persons under Virginia Military warrants, and on what terms the holders will relinquish the same to the United States. By act of May 26, 1830, the President was authorized to pay to the Virginia Military claimants of lands between Ludlow's and Roberts' lines, south of the Greenville treaty line, Jocated prior to June 26, 1812, the sum of $62, 515.25, being the amount at which said lands were valued, exclusive of improvements; provided. however, that before payment the claimants should relinquish by deed their titles to the said lands. The last act upon this sub ject was that of February 12, 1831, which provided that Philip Doddridge should be paid the sum of $1,765.68, he having relinquished his title to Sur- vey 6,928 for 700 acres to the United States. Congress thus effectually set- tled the question of boundary by purchasing the title to the disputed lands. "As we have seen, Ludlow's line constitutes the western boundary of the Virginia Military District from the head-waters of the Little Miami to the

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HISTORY OF UNION COUNTY.

Greenville treaty line. The records are somewhat defective in regard to this and Roberts' line, but the course, as far as can be ascertained with any accu- racy, is here given: Ludlow's line begins at the head spring of the Little Miami, in the southwest quarter of Section 30, of Township 7, Range S (be- tween the Miami Rivers); thence north 20° west a distance of forty miles 5 chains. and twenty-five links, to a point, in the Greenville treaty line, in the southeast quarter of Section 2, Township 2, Range 15 (between the Miami Rivers); thence the boundary line is transferred to the Greenville treaty line, which it follows in a southwesterly course till it intersects the Roberts line: thence with the Roberts line on the east line of Township 7, Range 9 east of first Meridian, north 20° west, to a point in the southeast quarter of Sec- tion 34, Township 5, Range S; thence north 75° 05' east to a point in Section 36 of the same township and range, where the line strikes the head- waters of the Scioto River. The reader will observe that both lines, although being straight lines, starting at the same point and diverging throughout their en- tire course, have the same bearing. The record does not explain this discrep- ancy, which may have been due to the magnetic variation caused by the lapse of time from 1804 to 1812, and which, if not taken into account, would sub- tend an angle west of the Ludlow line, as indicated by the Roberts line. The variation in eight years would be about twenty-five or thirty minutes, which corresponds very nearly with the angle between the lines run."

EARLY SURVEYORS-FIRST SETTLEMENT IN DISTRICT.

" In 1787," says Albach, in Annals of the West, " the reserved lands of the Old Dominion, north of the Ohio, were examined, and in August of that year entries were commenced. Against the validity of these entries, Congress, in 1788, entered their protest. The protest, which was practically a prohibi - tion of settlement, was withdrawn in 1790. As soon as this was done, it be- came an object to have surveys made in the reserved region, but as this was an undertaking of great danger, in consequence of the Indian wars. high prices in land or money had to be paid to the surveyors. The person who took the lead in this gainful but unsafe enterprise was Nathaniel Massie, then twenty- seven years old. He had been for six years or more in the West, and had pre- pared himself in Col. Anderson's office for the details of his business. Thus prepared, in December, 1790, he entered into the following contract with certain persons therein named:

" 'Articles of agreement between Nathaniel Massie, of one part, and the several persons that have hereunto subscribed, of the other part, witnesseth, That the subscribers hereof doth oblige themselves to settle in the town laid off on the northwest side of the Ohio, opposite to the lower part of the Two Islands; and make said town, or the neighborhood, on the northwest side of the Ohio, their permanent seat of residence for two years from the date here- of; no subscriber shall absent himself more than two months at a time, and during such absence furnish a strong, able-bodied man sufficient to bear arms at least equal to himself; no subscriber shall absent himself the time above- mentioned in case of actual danger, nor shall such absence be but once a year; no subscriber shall absent himself in case of actual danger, or if absent shall return immediately. Each of the subscribers doth oblige themselves to com- ply with the rules and regulations that shall be agreed on by a majority there- of for the support of the settlement. In consideration whereof, Nathaniel Massie doth bind and oblige himself, his heirs, etc., to make over and convey to such of the subscribers that comply with the above mentioned conditions, at the expiration of two years, a good and sufficient title unto one in-lot in said town, containing five poles in front and eleven back, one out-lot of four

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HISTORY OF UNION COUNTY.

acres convenient to said town, in the bottom, which the said Massie is to put them in immediate possession of, also 100 acres of land, which the said Massie has shown to a part of the subscribers: the conveyance to be made to each of the subscribers, their heirs or assigns. In witness whereof, each of the parties have hereunto set their hands and seals, this 1st day of December, 1790.'

" The town thus laid off was situated some twelve miles above Maysville, and was called Manchester; it is still known to the voyager on the Ohio. From this point Massie and his companions made surveying expeditions through the perilous years from 1791 to 1796, but though often distressed and in danger, they were never wearied nor afraid; and at length, with Wayne's treaty, all danger of importance was at an end."

Manchester was the first point within the Virginia Military District at which a permanent settlement was made, and by March, 1791, it contained about thirty families within the stockade which was built. Massie performed much service as a pioneer in extending the settlements and the boundaries of civilization in this part of Ohio. He made surveys over a large portion of the district, and was the pioneer settler in the Scioto Valley. The following in- cidents from his experience will show to what dangers and hardships the early surveyors of the Virginia lands were subjected:

" During the winter of 1794-95, Massie prepared a party to enter largely into the surveying business. Nathaniel Beasly, John Beasly and Peter Lee were again employed as the assistant surveyors. The party set off from Man- chester well equipped, to prosecute their business, or, should occasion offer. give battle to the Indians. They took the route of Logan's trace, and pro- ceeded to a place called the Deserted Camp. on Todd's Fork of the Little Miami [in what is now Clinton County, Ohio]. At this point they commenced surveying, and surveyed large portions of land on Todd's Fork, and up the Miami to the Chillicothe town (now in Clark County); thence up Massie's Creek and Cæsar's Creek nearly to their heads. By the time the party had progressed thus far, winter had set in. The ground was covered with a sheet of snow from six to ten inches deep. During the tour, which continued up- ward of thirty days, the party had no bread. For the first two weeks a pint of flour was distributed to each mess once a day, to mix with the soup in which meat had been boiled. When night came, four fires were made for cooking -that is, one for each mess. Around these fires, till sleeping time arrived, the company spent their time in the most social glee, singing songs and tell- ing stories. When danger was not apparent or immediate, they were as merry a set of men as ever assembled. Resting time arriving, Massie always gave the signal, and the whole party would then leave their comfortable fires, carrying with them their blankets, their fire-arms and their little baggage, walking in perfect silence two or three hundred yards from their fires. They would then scrape away the snow and huddle down together for the night. Each mess formed one bed; they would spread down on the ground one-half of the blankets, reserving the other half for covering. The covering blankets were fastened together by skewers, to prevent them from slipping apart. Thus prepared, the whole party crouched down together with their rifles in their arms and their pouches under their heads for pillows, lying spoon-fashion, with three heads one way and four the other, their feet extending to about the middle of their bodies. When one turned the whole mass turned, or else the close range would be broken and the cold let in. In this way they laid till broad daylight, no noise and scarce a whisper being uttered during the night. When it was perfectly light, Massie would call up two of the men in whom he had most confidence. and send them to reconnoiter and make a circuit

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HISTORY OF UNION COUNTY.

around the fires, lest an ambuscade might be formed by the Indians to destroy the party as they returned to the fires. This was an invariable custom in every variety of weather. Self-preservation required this circumspection. Some time after this, while surveying on Cæsar's Creek, his men attacked a party of Indians, and the savages broke and fled. After the defeat of the Indians by Wayne, the surveyors were not interrupted by the Indians; but on one of their excursions, still remembered as the 'starving tour.' the whole party, consisting of twenty-eight men, suffered extremely in a driving snowstorm for about four days. They were in a wilderness exposed to this severe storm, without hut, tent or covering, and what was still more appalling, without pro- visions and without any road or even track to retreat on, and were nearly one hundred miles from any place of shelter. On the third day of the storm, they luckily killed two wild turkeys, which were boiled and divided into twenty- eight parts and devoured with great avidity, head, feet, entrails and all."

In the early part of 1787, the Virginia Military District was explored by two Kentucky surveyors, Maj. John O'Bannon and Arthur Fox, who wished to obtain a knowledge of the land for the purpose of making entries when the land office for the district should be opened. When that event occurred, on the 1st of August in the same year, O'Bannon entered considerable land and afterward became a prominent deputy surveyor in the district. Others who were deputy surveyors in the same region were William Lytle, John Beasley, James Galloway, Jr., William Barlow, Lucas Sullivant, James Taylor, Walter Dun. Allen Latham, Cadwallader Wallace, E. P. Kendrick, A. D. Kendrick, and perhaps others; not all of these, however, surveyed in what is now Union County.

Lucas Sullivant, whose name appears oftener, perhaps, on the early Union County records than that of any other man, was born in Mecklenburg County, Va .. in September, 1765, and at the age of sixteen years joined a volunteer expedition against the Indians, who were threatening the western counties of his native State. His parents died when he was young, and he used his ener- gies and small patrimony in obtaining an education. The new and unsur- veyed lands of Kentucky opened a field for his enterprise, and he repaired thither, finding all he could do. He was appointed by Col. Richard C. Ander- son (Surveyor General of the Virginia Military District) Deputy District Sur- veyor, and at the age of twenty-two years (in 1787) became one of the band of surveyors and pioneers who opened up the district to settlement. The savages defeated all his first attempts, but organizing a stronger party at Limestone, now Maysville, they advanced into the wilderness and in due time reached the banks of the Scioto, in what is now Franklin County, Ohio, where he began his operations. They were often threatened by the savages and had many narrow escapes, but Mr. Sullivant continued at his work and pushed it to a fortunate conclusion. He entered many thousand acres of land in the surrounding region. He laid out North Liberty and Franklinton in 1797, and about the same time married Sarah Starling, daughter of Col. Will- iam Starling, of Kentucky; building the first brick house in his town of Franklinton, he resided there until his death, which occurred August 8, 1823. He was one of the most prominent of the early pioneers of this State. His brother-in-law, Lyne Starling, settled at Franklinton in 1806, was one of the original proprietors of Columbus, and was appointed administrator of Mr. Sullivant's estate after the death of the latter, and his name also appears very often on the Union County records. Lucas Sullivant was the father of Michael L. Sullivant, owner of the great farm in Ford County, Ill., which he so successfully managed through a long term of years. He died February 29, 1879.

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The History of Union County, Ohio, containing a history of the county; its townships, towns military record;, Part 28

Author: Durant, Pliny A. [from old catalog]; Beers, W. H., & co., Chicago, pub. [from old catalog] Publication date: 1883 Publisher: Chicago, W. H. Beers & co. Number of Pages: 1254

Author: Durant, Pliny A. [from old catalog]; Beers, W. H., & co., Chicago, pub. [from old catalog]
Publication date: 1883
Publisher: Chicago, W. H. Beers & co.
Number of Pages: 1254