USA > Ohio > Wyandot County > The History of Wyandot County, Ohio, containing a history of the county, its townships, towns general and local statistics, military record, portraits of early settlers and prominent men etc > Part 39
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1870-74
Joel W. Wilson.
1852-54
John Seitz. ..
1874-76
Robert Lee ..
1854-56
E. T. Stickney
1876-78
James Lewis
1856-58
John Seitz. .
1878-80
Robert McKelly.
1858-60
Moses H. Kirby
1880-84
Thomas J. Orr.
1860-62
John H. Williston
1884-86
STATE REPRESENTATIVES.
NAMES.
YEARS.
NAMES.
YEARS.
Michael Brackley
1845-46
James M. White.
1860-62
George Donnenworth.
1846-47
Jonathan Maffett*
1862-64
Michael Brackley.
1847-48
Parlee Carlin.
1864-66
M. C. Whitely
1848-50
Samuel M. Worth
1866-70
Henry Bishop. .
1850-51
John Kisor ..
1870-74
David Snodgrass
1852-54
L. A. Brunner.
1874-78
Peter A. Tyler.
1854-56
Willard D. Tyler.
1878-82
Elias G. Spelman.
1656-58
L. A. Brunner.
1882-86
Chester R. Mott.
1858-60
COUNTY COMMISSIONERS.
NAMES.
YEARS.
NAMES.
YEARS.
William Griffith.
.Spring, 1845
Jonathan Kear.
1852
Stephen Fowler
.Spring, 1845
John Welch.
1853
Ethan Terry.
.Spring. 1845
Jonathan Kear.
1854
Jonathan Kear.
. Fall, 1845
Hiram H. Holdridge.
1855
Ethan Terry.
.Fall, 1845
Milton Morral.
1856
Stephen Fowler.
.Fall, 1845
John Baker.
1857
Isaac Wohlgamuth
1846
H. H. Holdridge.
1858
John Welch.
1847
Milton Morral.
1859
Ethan Terry.
1848
John Baker.
1860
Isaac Wohlgamuth.
1849
C. R. Fowler.
1861
John Welch ..
1850
John Kisor.
1863
William Irvine.
1851
John Kisor.
1866
David Miller.
1852
J. Hollenshead
1867
*Re-elected in 1864, but was contested and his seat given to Parlee Carlin.
349
HISTORY OF WYANDOT COUNTY.
NAMES.
YEARS.
NAMES.
YEARS.
D. C. Murray.
1868
Peter Beam ..
1876
William Beam.
1869
Jacob Yentzer.
1877
Thomas McClain.
1870
William Avers.
1878
Milton Morral.
1871
William M. Baldwin.
1879
William Beam.
1872
Henry Herring
1880
Thomas McClain.
1873
George Harper.
1880
Samuel M. Worth.
1873
John K. Hare.
1881
J. Yentzer .
1874
A. H. Vanorsdall.
1882
William Ayers
1875
George Harper.
1883
AUDITORS.
NAMES.
YEARS.
NAMES.
YEARS.
Samuel M. Worth.
1845-49
J. V. S. Hoyt ..
1863-65
Chester R. Mott.
1849-53
Jonathan Maffett.
1867-72
James V. S. Hoyt.
853-55
Robert A. McKelly
1872-76
Joseph Mccutchen
855-57
John Agerter.
1876-78
James V. S. Hoyt.
1857-59
Landline Smith.
1878-84
Peter B. Beidler.
1859-63
TREASURERS.
NAMES.
YEARS.
NAMES.
YEARS.
Abner Jurey
1845
J. S. Hare.
1869-74
George Harper.
1845-53
William Smalley*
1874-76
William W. Bates.
1853-57
-
George W. Biles.
1876-78
James H. Freet.
1857-61
George W. Bates.
1878-80
D. C. Murray
1861-66
George W. Freet.
1880-84
W. F. Goodbread
1866-69
RECORDERS.
NAMES.
YEARS.
NAMES.
YEARS.
John A. Morrison.
1845-51
Simeon Inman
1864-70
William B. Hitchcock.
1851-55
Adam Stutz ..
1870-76
Henry J. Flack
1855-61
Simeon Inman
1876-85
Henry Miller.
1861-64
CLERKS OF THE COURTS.
NAMES.
YEARS.
NAMES.
YEARS.
Guy C. Worth ..
. 1845-54
Fred Agerter.
.1864-70
Curtis Berry, Jr.
1854-55
William B. Hitchcock
1870-76
Thomas E. Grisell
1855-58
R. D. Dumm.
1876-82
Curtis Berry, Jr.
. 1858-64
Avery Henderson
1882-85
PROBATE JUDGES.
NAMES.
YEARS.
NAMES.
YEARS.
Joseph Kinney
1852-58
Peter B. Beidler
1868-74
Jonathan Maffett.
1857-58
Joel W. Gibson.
1874-82
Moses H. Kirby.
1858-68
Darius D. Clayton
1882-86
SURVEYORS.
NAMES.
YEARS.
NAMES.
YEARS.
Azariah Root ..
1845-46
J. H. Williams
1867-69
Peter B. Beidler.
1846-52
John Agerter.
1869-75
James Williams.
1852-58
Jacob Greek.
1875-83
Peter B. Beidler
1858-61
William C. Gear.
1883-86
Andrew Reynolds.
1861-67
PROSECUTING ATTORNEYS.
NAMES.
YEARS.
NAMES.
YEARS.
Chester R. Mottt.
1845-47
Henry Maddux
1860-62.
Aaron Lyle ..
1848-50
John Berry
1862-68
Moses H. Kirby ..
1850-54
Moses H. Kirby
1868-80
Nelson W. Dennison
1854-58
George G. White.
1880-82
George Crawford.
1858-60
Robert McKelly
1882-84
*Died and was succeeded in office by J. S. Hale. +Moses H. Kirby was appointed May 22, 1847, vice Mott, resigned.
350
HISTORY OF WYANDOT COUNTY.
SHERIFFS.
NAMES,
YEARS.
NAMES.
YEARS.
Lorin A. Pease.
1845-46
William Marlow
1862-66
Thomas Baird.
1846-50
William Michaels.
1866-70
Curtis Berry Sr.
1850-54
Henry Myers.
1870-74
George P. Nelson.
1854-58
Jacob Schaefer ..
1874-78
Curtis Berry
1858-60
John M. Houston
1878-82
James Culbertson, Jr.
1860-62
Charles F. Schuler
1882-86
CORONERS.
NAMES.
YEARS.
NAMES.
YEARS.
Albert Bixby.
1845-50
Levi Shultz
1868-72
John N. Reed.
1850-54
Edward Christen
1872-76
Thomas Baird ..
1854-56
Jacob Tribolet.
1876-80
Albert Mears.
1856-58
-- Heym. ..
1880-82
Benjamin Williams
1858-68
James N. Nelson
1882-84
L. Gipson
1868-72
AZ.han
353
HISTORY OF WYANDOT COUNTY.
CHAPTER VII.
THE BENCH AND BAR.
INTRODUCTORY-EARLY JUDICIAL PROCEEDINGS IN THE TERRITORY-THE FIRST STATE CONSTITUTION-ARTICLE IV, CONSTITUTION OF 1851-SUPREME COURTS-DISTRICT COURTS-COURTS OF COMMON PLEAS-THE JUDGES OF THE SAME-LENGTH OF THEIR TERMS OF OFFICE-BIOGRAPHICAL SKETCHES -RESIDENT MEMBERS OF THE BAR-BRIEF MENTION OF MANY OF THEM.
INTRODUCTORY.
THE part played by law in the organization of human society is that of an everacting force, a force essential to its very existence, and upon which human happiness and well-being are unceasingly dependent. With- out law, mankind would long ere this have perished, as no organization is possible without it. Upon the wise interpretation as well as the judicious framing of the laws, the well-being of a community is established as upon a rock-like foundation, whence it naturally flows as a consequence that the his- tory of those upon whom this duty devolves must form no unimportant portion of a work of this character. The whole superstructure of law is founded upon a few principles of natural justice, and, therefore, at its base, in its essential principles, "in its inmost bosom's core," law is the exponent of right and truth and justice; and, notwithstanding the efforts of the cun- ning and unscrupulous, it will still be found that on the whole law is on the side of right, and the popular prejudice against lawyers has its basis chiefly in ignorance of the true nature of a lawyer's functions, which are, to see that every one has the benefit of the privileges accorded him by the laws of the land, and that the forms of law are rigidly preserved, as upon their strict enforcement of these the stability of society depends.
As the business of the lawyer is to deal with the daily affairs of men, and as these are becoming more and more complex and artificial, it is clear that where so many complex interests and counter-interests are to be pro- tected and adjusted, to the Judge and the advocate are presented problems that require the deepest research and the most trained intellects. As change follows change in modern society, without intermission. It is also evident that the laws and institutions of the past will not answer the requirements of the present. The blue laws of Connecticut would burst from the limbs of the modern Samson like the cords from the hero of old, and the gigantic Afrites that Aladdin saw from his lamp could not be returned to their nar- row prison house. The discoveries in the arts and sciences, the invention of new labor-saving contrivances, the enlargement of industrial pursuits, the unprecedented development of commerce, the founding of new commu- nities into cities and States, require that the science of law should advance pari passu, in order to subserve the wants and provide for the necessities of these new conditions. The true lawyer is the man of the hour, and upon his ability and integrity society is largely dependent. One of the profession has wisely said:
"In the American State the great and good lawyer must always be promi-
9
354
HISTORY OF WYANDOT COUNTY.
nent, for he is one of the forces which move and control society. Public confidence has generally been reposed in the legal profession. It has ever been the defender of popular rights, the champion of freedom regulated by law, the firm support of good government. In times of danger, it has stood like a rock and beaten the mad passions of the hour and firmly resisted tumult and faction. No political preferment, no mere place can add to the power or increase the honor which belongs to the pure and educated lawyer. The fame of Mansfield and Marshall and Story can never die. 'Time's iron feet can print no ruin trace ' upon their character. Their learning and luminous expositions of our jurisprudence will always light our pathway. * * Lord Bacon has said, 'Every man is a debtor to his profession;' and assuredly this is true of every lawyer. If worthy, it gives him an honorable character and high position. The lawyer should prize and honor his profession. He should value its past renown and cherish the memory of great men, whose gigantic shadows walk by us still. He should love it for the intrinsic worth and innate glory of the fundamental truths which adorn it."
The paucity of material at the service of the historian as to those who have exerted so important an influence upon the county's welfare and prog- ress, is indeed a matter of surprise. We, however, present our readers with that which the corroding hand of time has left untouched. The greater portion of the story might, however, be unlocked to him who would pa- tiently study the strata of society, as the geologist studies the stony records of the earth's past history.
Before entering upon the specific portion of our story, we can truthfully premise that the bench and bar of Wyandot County has ever been distin- guished, and has ever stood prominently forward in comparison with the profession in the sister counties of the grand commonwealth of Ohio. Wy- andot has had names connected with her bar which have adorned the pages of our country's history; names of soldiers who did not shrink from taking up the sword in defense of their country; names that have adorned the halls of Legislation of the State; names that have adorned men not merely of learning and cultura, superadded to native ability, but which also have united with these gifts and graces the proud title of honest men, the noblest. work of God.
THE BENCH.
The earliest judicial government for the territory now constituting Ohio was vested in a general court composed of three Judges, provided by the ordinance of 1787. The first Judges were Samuel Holden Parsons, James Mitchell Varnum and John Cleves Symmes, the latter being appointed in place of John Armstrong, who declined to serve. They were to adopt only such portions of the laws of the original States as were deemed suitable to the condition and wants of the people, and were not empowered to enact new laws. In the autumn of 1787, the Governor and Judges Varnum and Par- sons met at Marietta and began the duty of legislating for the Territory, continuing in session until December. Contrary to the provisions of the ordinance, they enacted a number of laws on different subjects and submitted them to Congress, as required. That body, however, did not approve them from their manifest illegality under the terms of the ordinance. After the assembling of Congress in 1789, under the new constitution, the appoint- ments made under the articles of confederation being deemed to have ex- pired, the following new Judges were appointed for the Northwest Territory. Samuel Holden Parsons, John Cleves Symmes and William Barton. The
355
HISTORY OF WYANDOT COUNTY.
latter declined to serve and George Turner was appointed to fill the vacancy. Judge Parsons soon afterward died, and in March, 1790, Rufus Putnam was appointed to fill the vacancy caused by his death. Putnam resigned in 1796, to enable him to accept the office of Surveyor General, and Joseph Gilman, of Point Harmar, was chosen to fill the vacancy. Judge Turner left the Territory in the spring of 1796, and during his absence resigned his seat on the bench, which was filled by the appointment of Return Jonathan Meigs, in February, 1798. The Judges then in commission con- tinued to hold their seats until the adoption of a State Constitution.
Between 1790 and 1795, numerous acts were passed which did not re- ceive the sanction of Congress, as they were enacted rather than adopted, and finally in the summer of 1795, at a legislative session held at Cincin- nati, a code of laws was adopted from the statutes of the original States, which superseded the chief part of those previously enacted, that had re- mained in force in the Territory, regardless of their doubtful constitution- ality. This code of laws as adopted was printed at Cincinnati in 1795, by William Maxwell, and became known as the Maxwell Code; that was the first job of printing executed in the Northwestern Territory. But very little change was made therefrom until the first session of the General Assembly, held under the second grade of government, September 16, 1799. " The ordinance and the compact," says Judge Burnet, "which was the constitution of the Territory, contained but little specific legislation. It prescribed the rule of descents; the mode of transferring real estate, by deed of lease and release, and of devising or bequeathing it by will. It regulated the right of dower and authorized the transfer of personal prop- erty by delivery; saving always to the French and Canadian inhabitants, and other settlers who had before professed themselves citizens of Virginia, their laws and customs then in force among them, relative to the descent and conveyance of property. In addition to these provisions, the compact ordained that no person demeaning himself in a peaceable manner should be molested on accoant of his mode of worship or religious opinions. It also secured to the inhabitants forever the benefits of the writ of habeas corpus, of trial by jury, of a proportionate representation of the people in the Legislature, and of judicial proceedings, according to the course of the Common Law."
The courts of Common Law in the Territory assumed chancery powers as a necessity, as there was no tribunal in said Territory vested with such powers. Several necessary laws were passed at the first session of the Ter- ritorial Legislature at Cincinnati, but matters regarding courts and their powers were not satisfactorily settled until the adoption of the first State Constitution in 1802. The General Court provided for by the ordinance of 1787 consisted, as before stated, of three Judges, "appointed by the Presi- dent with the advice and consent of the Senate, each of whom received a salary of $800 from the Treasury of the United States. It was the highest judicial tribunal in the Territory, and was vested with original and appel- late jurisdiction in all civil and criminal cases, and of capital cases; and on questions of divorce and alimony its jurisdiction was exclusive. It was, however, a common law court, merely without chancery powers, and it was the court of dernier ressort. It had power to revise and reverse the de- cisions of all other tribunals in the Territory, yet its own proceedings could not be reversed or set aside, even by the Supreme Court of the United States. It was held at Cincinnati in March, at Marietta in October, at De- troit and in the western counties at such time in each year as the Judges saw proper to designate."
356
HISTORY OF WYANDOT COUNTY.
The travels of the Judges and members of the bar in those early years, to and from the places of holding courts-Cincinnati, Marietta and Detroit -- were attended with difficulties of the most serious nature. The distances were always great, settlements were scarce and the way was rough. Their journeys were made on horseback, and it was exceedingly necessary that the horses they rode should be good swimmers, for it was in the days before bridges had been thought of, and only the best fording places along the numerous streams were sought out by the tired travelers. Judge Burnet, who knew from experience all the trials of the times, wrote of them as fol. lows:
"The journeys of the court and bar to those remote places through a country in its primitive state, were unavoidably attended with fatigue and exposure. They generally traveled with five or six in company, and with a pack-horse to transport such necessaries as their own horses could not conveniently carry, because no dependence could be placed on obtaining supplies on the route; although they frequently passed through Indian camps and villages, it was not safe to rely on them for asssistance. Occa- sionally small quantities of corn could be purchased for horse feed, but even that relief was precarious and not to be relied on. In consequence of the unimproved condition of the country, the routes followed by travelers were necessarily circuitous and their progress slow. In passing from one county seat to another, they were generally from six to eight, and sometimes ten days in the wilderness, and, at all seasons of the year, were compelled to swim every water-course in their way which was too deep to be forded; the country being wholly destitute of bridges and ferries, travelers had, there- fore, to rely on their horses as the only substitute for those conveniences. That fact made it common, when purchasing a horse, to ask if he were a good swimmer, which was considered one of the most valuable qualities of a saddle horse."
Lynch law was liable to be adopted by the men of the border settlements, and one or two instances of its execution in the form of public whippings are known to have occurred; but in August, 1788, a law was published in Marietta, establishing a "General Court of Quarter Sessions of the Peace, and County Courts of Common Pleas," and these superseded the Lynch code before it had been in operation a year. Mr. McMillan was appointed the Presiding Judge of those courts in the county of Hamilton.
The first Constitution of the State of Ohio, adopted November 29, 1802, contained in its third article the following provisions for the judicial gov- ernment of the State:
SECTION 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Common Pleas for each county, in Justices of the Peace, and in such other courts as the Legislature may from time to time establish.
SEC. 2. The Supreme Court shall consist of three Judges, any two of whom shall be a quorum. They shall have original and appellate jurisdiction, both in common law and chancery in such cases as shall be directed by law; Provided, That nothing herein contained shall prevent the General Assembly from adding another Judge to the Supreme Court after the term of five years, in which case the Judges may divide the State into two circuits, within which any two of the Judges may hold a court.
SEC. 3. The several Courts of Common Pleas shall consist of a President and As- sociate Judges. The State shall be divided by law into three circuits; there shall be appointed in each circuit a President of the Courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county not more than three nor less than two Associate Judges, who, during their continuance in office, shall reside therein. The President and Associate Judges in their respective counties, any three of whom shall be a quorum, shall compose the Court of Common Pleas, which
357
HISTORY OF WYANDOT COUNTY.
court shall have common law and chancery jurisdiction in all such cases as shall be directed by law; Provided, That nothing herein contained shall be construed to pre- vent the Legislature from increasing the number of circuits and Presidents after the term of five years.
SEC. 4. The Judges of the Supreme Court and Courts of Common Pleas shall have complete criminal jurisdiction in such cases and in such manner as may be point- ed out by law.
SEC. 5. The Court of Common Pleas in each county shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guar- dians, and such other cases as shall be prescribed by law.
SEC. 6. The Judges of the Court of Common Pleas shall, within their respective counties, have the same powers with the Judges of the Supreme Court, to issue writs of certiorari to the Justices of the Peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.
SEC. 7. The Judges of the Supreme Court shall, by virtue of their offices, be con- servators of the peace throughout the State. The Presidents of the Courts of Com- mon Pleas shall, by virtue of their offices, be conservators of the peace in their respect- ive circuits; and the Judges of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective counties.
SEC. 8. The Judges of the Supreme Courts, the Presidents and the Associate Judges of the Courts of Common Pleas, shall be appointed by a joint ballot of both Houses of the General Assembly, and shall hold their offices for the term of seven years, if so long they behave well. The Judges of the Supreme Court and the Presi- dents of the Courts of Common Pleas shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office: but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this State or the United States.
ยท SEC. 9. Each court shall appoint its own Clerk for the term of seven years; but no person shall be appointed Clerk, except pro tempore, who shall not produce to the court appointing him a certificate from the majority of the Judges of the Supreme Court that they judge him to be well qualified to execute the duties of the office of Clerk to any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behavior at any time by the Judges of the re- spective courts.
SEC. 10. The Supreme Court shall be held once a year in each county, and the Courts of Common Pleas shall be holden in each county at such times and places as shall be prescribed by law.
SEC. 11. A competent number of Justices of the Peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years, whose powers and duties shall, from time to time, be regulated and defined by law.
SEC. 12. The style of all processes shall be " The State of Ohio; " all prosecutions shall be carried on in the name and by the authority of the State of Ohio, and all in- dictments shall conclude against the peace and dignity of the same.
The new constitution of Ohio, adopted June 17, 1851, made various changes in the courts, and Article 4, providing for judicial matters in the State, is as follows:
SECTION 1. The judicial power of the State shall be vested in a Supreme Court, in District Courts, Courts of Common Pleas, Courts of Probate, Justices of the Peace, and in such other courts, inferior to the Supreme Court, as the General Assembly may from time to time establish.
SEC. 2. The Supreme Court shall consist of five Judges, a majority of whom shall be necessary to form a quorum or pronounce a decision. It shall have original juris- diction in quo warranto. mandamus, habeas corpus and procedendo; and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the seat of government, and such other terms at the seat of government or elsewhere as may be provided by law. The Judges of the Supreme Court shall be elected by the electors of the State at large.
SEC. 3. The State shall be divided into nine Common Pleas districts, of which the county of Hamilton shall constitute one, of compact territory and bounded by county lines; and each of said districts, consisting of three or more counties, shall be subdi- vided into three parts of compact territory, bounded by county lines, and as nearly equal in population as practicable, in each of which one Judge of Common Pleas for said district, and residing therein, shall be elected by the electors of said sub- division. Courts of Common Pleas shall be held by one or more of these Judges in every county in the district as often as may be provided by law; and more than one court or sitting thereof may be held at the same time in each district.
358
HISTORY OF WYANDOT COUNTY.
SEC. 4. The jurisdiction of the Courts of Common Pleas and of the Judges there- of shall be fixed by law.
SEC. 5. District Courts shall be composed of the Judges of the Courts of Common Pleas of the respective districts, and one of the Judges of the Supreme Court, any three of whom shall be a quorum, and shall be held in each county therein at least once in each year; but if it shall be found inexpedient to hold such court annually in each county of any district, the General Assembly may, for such district, provide that said court shall be holden at three annual sessions therein, in not less than three places; Provided, that the General Assembly may, by law, authorize the Judges of each dis- trict to fix the times of holding the courts therein.
SEC. 6. The District Court shall have like original jurisdiction with the Supreme Court, and such appellate jurisdiction as may be provided by law.
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