USA > Ohio > Butler County > Hamilton in Butler County > The centennial anniversary of the city of Hamilton, Ohio, September 17-19, 1891 > Part 13
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The above sentiment was intensified in the contract made by the U. S. Government with John Cleves Symmes in the transaction known as the Miami purchase, in which agreement it was provided, that Section 16 in every township should be forever set apart and appropriated to the purpose of education, and Section 27 in each township should likewise be appropri- ated to the cause of religion.
And the constitution of the State of Ohio adopted, in 1802, still further crystalized public sentiment by providing in the Bill of Rights, Article VIII, Section 25 ; "That no law shall be passed to prevent the poor in the several 'counties and townships within this state from an equal participa- tion in the schools, academies, colleges and universities within this state, which are endowed, in whole or in part, from the revenue arising from dona- tions made by the United States, for the support of schools and colleges, and the doors of said schools, academies and universities, shall be open for the reception of scholars. students and teachers of every grade, without any distinction or preference whatever, contrary to the intent for which said do- nations were made."
No general system for organization of the common school system of Ohio was enacted by the legislature of Ohio, until the year 1825, and it was sometime thereafter before any organization of schools could be effected,- the two main causes being want of funds and want of scholars sufficient in number in any one locality, to afford the number proper to conduct a school.
In the meantime from the first settlement of Hamilton, until the time the organizations were effected under the common school system, the youth of Hamilton were wholly dependent for their school education upon the ir- regular and uncertain services of a class of inerant pedagogues, mainly of Irish and Scotch nativity, but occasionally one of Yankee extraction.
They were generally flagelators and calathumpians of the standard pat- tern of the time ; usually men of some scholastic acquirememts and often of cultivated bibulous habits.
Books were few and of varied merit, and system was lacking in method of teaching, each teacher, so as to speak, being his own architect and his own executioner. The first items of knowledge that the scholar acquired from
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one teacher were liable to be dispelled by the next.
Many anecdotes are told by the pioneers, of the schools and teachers of those early days. It is not possible now to learn who taught the first school in Hamilton, or in what house the school was taught. It is not probable that any record of it was ever made, and no one is living who attended the school, or has any accurate knowledge on the subject Prior to the adoption of the general school system of Ohio, the schools of Hamilton were support- ed by subscriptions. The teacher would rent a room and would then obtain subscriptions from the parents. Usually he was paid 75c or $1.25 per scholar for a quarter of three months. Some subscriptions ran as low as a half or quarter of a dollar, as the parents might be able to spare their children from service at home. The schools seldom lasted more than six months in the year.
The first school house in Hamilton, erected in the Ist ward, (known as Rossville) was at the corner of A. and South streets.
Dr. Falconer, illustrative of the pioneer methods and pioneer teachers, relates the following anecdote of an old Yankee teacher of the bibilous kind named Knapp. He usually became intoxicated in the afternoon and was generally pretty mellow by dismissing time. To encourage the scholars in the important art of spelling, he would arrange the entire school in a line on their feet and would pronounce words to them to be spelled, and the most successful speller was promoted to the head of the line. On one occasion, the old teacher pronounced the word HAMBUSH. It passed up and down the line several times, and each time the old fellow would pronounce the word with accumulated energy, and with denunciation of the stupidity of his scholars. The teacher was becoming thoroughly enraged, and the entire school was in imminent danger of being flogged for their obtuseness, when one of the boys bethought himself of the word WABASH that he remembered was printed on the page that the teacher was pronouncing from, and when it next came his turn to spell at the word, he boldly and in a loud voice spelled out : W-a-Ham b-a-s-h-bush-HAMBUSH. "Good boy, shouted the teacher, you go to the head of the class. You are a bright boy, and you will become a great man some of these days."
There is not even a tradition of any school in Hamilton prior to 1810. We are very sure that the children and youth of that period did not grow up entirely ignorant. Doubtless there were teachers who had received their education in the older portions of the country. Tradition reports that in about 1810 a Mr. Richey established a school in Hamilton. At first his school was taught on Front St. Third Ward, in a house on lot No. 174. Afterward in a log house on the site of St. Mary's Church. In 1812 and for some years following Rev. Matthew G. Wallace had a school in the Court House, where the higher branches of learning were taught, in addition to the rudiments of education. In 1815, Benj. H. Pardee taught a school on
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Second Street, where the Benninghofen residence now stands, and about the same time a Mr. Elder taught in Rossville.
In 1818 Alexander Proudfit, a student of Medicine, and a man of liberal education, taught a school on Heaton Street, in a house erected on lot No. 203, by Dr. Daniel Millikin.
During the same year, the Hamilton Literary Society erected a house at the southwest corner of Third and Dayton Streets, where a school was taught for many successive years. The Rev. Jas. McMechan, Henry Baker, Joseph Blackleach, Wm. Hawthorne, Mr. Gibson, Abel C. Burroughs, and Benjamin F. Raleigh were teachers at this place prior to 1830. Afterward the school was continued by Serbern, Harris, and Mr. Nathaniel Furman, the last named being the last of the teachers of private schools.
About the year 1850 James Bell conducted a private school in Rossville for several years, and was succeeded by Evan Davies, who was the last of the teachers of private schools on the west side of the river.
When it is remembered that Hamilton was but an insignificant village during those early years, it will be observed that the people were not indif- ferent to education. The number of schools and of teachers is proof that there was no lack of means of education.
In 1819 Miss Ella A. McMechan, daughter of the Rev. Thomas Mc- Mechan, above referred to, opened a school at the northeast corner of Third and Buckeye Streets, on the lot No. 181, adjoining the one on which the Lane Free Library now stands, which next was removed to Ludlow St. near Third. To her belongs the distinction of being the first women in Hamilton to engage in teaching, She was a woman of unusual accomplishments for her time, and her school was patronized by many of the best citizens of the town. She continued to teach for eight years, and after leaving the teacher's profession, she married Hon. Charles R. Smith.
Another school which served as a sort of a connecting link between the schools of the earlier days and those of the present, must not be passed un- noticed, the Hamilton and Rossville Female Academy. This Academy was chartered by the legislature of the state, and appears to have been opened in February 1835. The school rapidly rose in public favor, and continued its existence until the year 1852. For two years following Mr. Nathaniel Fur- man occupied the building with his private school. But the encroachments of business and manufacturing had made the building untenable for school purposes, and he removed to the southwest corner of Third and Dayton streets.
From 1825 to 1857 the public schools had been managed by trustees of the different school districts. By a vote of the people April 13th, 1851, one hundred and four to four, the schools of Hamilton (east side of the river) passed under the "Akron School Law." A special act of the legislature
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originally divised for Akron but made applicable to such other municipali- ties as might adopt it. This law was the beginning of the Ohio system of graded schools. In the Autumn following the adoption ot the Akron law, the work of grading and classifying the schools began.
In 1854 the union of Hamilton and Rossville was made. The schools were united in one system at the beginning of the following year.
Since that date no material changes have taken place. The private schools have disappeared, but the Parochial schools more and more divided the work of public education.
MIAMI UNIVERSITY.
M IAMI UNIVERSITY, situated at Oxford, Ohio, chartered in 1809, opened as an Academy in 1816, and with a full Collegiate Course in 1824, is the most famous educational institution in Butler county.
The endowment consists of the rental of the lands of Oxford Township, an educational gift from the United States. Three of the buildings were erected out of the endowment fund, The chapel was the gift of the Alumni and friends of the school, and the Scientific Hall was the gift of Senator Calvin S. Brice, an alumnus, and the most liberal friend of the school. Its scientific apparatus and its library of 11,000 volumes furnish important aids in the work of education.
From 1824 forward through fifty years, this school did a great educa- tional work. It has been repeatedly stated, that in proportion to the number of its pupils, it furnished more men of note and influence, than any other school in the United States.
Owing to lack of funds, it was closed in 1873 and remained closed until 1885, during which time its debts were paid and a considerable endowment fund accumulated.
It now has a gross income from rents, tuition fees, and interest of more than ($10,000) Ten Thousand Dollars, and in recent years the state has adopted the policy of making moderate additional apportions for the care and maintainance of the buildings, grounds, apparatus, &c.
This school has always been noted for the soundness of its education. It has adhered to the usual course of college study, holding as its guide : "We do a few things well." The results so far have vindicated the practice of the University.
Among men prominent in political affairs she counts : Rob. C. Schenck, Samuel Shellabarger, Governor Morton Governor Charles H. Hardin, Gov- ernor Lowe of Iowa, Wm. S. Groesbeck, Governor Chas. Anderson, Gover- nor McRae of Mississippi, Geo. E. Pugh, Senator Calvin S. Brice, President Harrison and many others.
Among the distinguished editors she counts : John J. Harney, James J.
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Farron, Whitelaw Reid.
Among eminent clergymen we find : Dr. Thomas E. Thomos, Thornton A. Mills, Benj. W. Chidlaw, Jos. G. Monfort, Jas. H. Brooks, David Ewing and Chancellor Henry M. McCracken.
At thistime the attendance of students is steadily increasing, and every- thing indicates that the school will recover its old time standing. The work of instruction is performed by ten professors who are proficient in their work. While the University does not pretend to teach all that may be known in the world, it is thoroughly equipped for thorough instruction in more of the branches of learning than any student can master within the time allowed for school education.
BAKER -CO
WESTERN FEMALE COLLEGE, OXFORD, O.
FIFTH WARD SCHOOL.
E
fî
CENTRAL HIGH SCHOOL, ERECTED 1891.
NONPAREIL ANNATTAND CAMDEN
NEW COURT HOUSE.
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COURTS. BY THOMAS MILLIKIN.
HE history of the Courts of Butler County, to be properly written, would occupy more space than can be appropriated to the purpose in the volume proposed to be published as Hamilton's Centennial Souvenir, having in view the various matters claiming space in such a publication. Hence a brief statement of facts must suffice.
The County of Butler was formed by an Act of the Ohio Legislature in 1803, and the seat of justice established at Hamilton upon report of James Silvers, Benjamin Stites and David Sutton, commissioners appointed by the Legislature to select a loca- tion for the county seat. Several enterprising parties sought the location of the county seat on property owned by them,-notably Wm. McClellan and Geo. P. Torrance who owned the land on the northerly side of the Miami River opposite the Hydraulic Headgates, some four miles up the river from Hamilton and by Jacob Burnet, John Sutherland and others composing a company who owned the land on the west side of the Miami River opposite Hamilton and now comprised in the first ward of the city.
Isreal Ludlow, proprietor of the town plat of Hamilton proposed to the commissioners to donate one square in Hamilton to the county for church and burial purposes. It is the same square in the 4th ward now occupied by the beautiful Ludlow Park, and another square for public buildings, and to pay toward the erection of a Court House in money $200. The offer of Ludlow was accepted but he died in the year 1804, and before he had made conveyance of the property, Subsequently the administrators of his estate under authority of a decree of the Court of Common Pleas, completed the contract and made conveyance of the property to the county. and the same is now in use by the county for the purpose of public buildings and the Court House Park. After the establishment of County Butler in the early part of 1803, but before location of the permanent county seat at Hamilton, James Dunn, John Greer and John Kitchen by act of the Legislature had been appointed associate Judges, and they organized and held the first civil court ever convened in the county. The session began May 10th, 1803, and was held in the tavern of John Torrence, situated on the corner of Dayton and Water streets. The same building is yet standing in a good state of preser- vation. It was the first frame building erected in Hamilton.
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On Tuesday July 12th, 1803, the Court of Common Pleas of Butler County was organized and held in the same building. Francis Dunlevy was the Common Pleas Judge and presided, and with the above named associate judges constituted the court. John Reily was appointed Clerk, James Blackburn, Sheriff, and Samuel Dillon Coroner. Daniel Symmes officiated as Prosecuting Attorney. On October 11th, 1803, the Supreme Court of Butler County was organized and held in the same place. The judges were Samuel Huntington, William Sprigg and Arthur St. Clair, Jr., was prosecu- ting attorney. William McClellan (the first elected) sheriff, and John Reily was appointed clerk also of this Court.
The above Courts were organized under the Constitution of the State of Ohio adopted by the people in the year 1802.
Article III, of that Constitution provided that the judicial power of the State both as to matters of law and equity should be tested 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 might from time to time estab. lish. The Legislature enacted laws establishing and defining the duties and powers of the Supreme Court, and Courts of Common Pleas, and Justices of the Peace, Courts of General Quarter sessions. Orphans Courts and per- haps other courts in other parts of the State. In does not appear that an Orphans Court was ever oganized in Butler County. But a Court of General Quarter sessions was organized and at its session held May 10th, 1803, fixed and defined the boundaries of all the townships in the county. This Court did not cut much of a figure in the judicial business of the County and the law of its establishment was soon thereafter repealed. Its jurisdiction was limited and inferior.
From the establishment of the various Courts above mentioned in 1803, until 1809 John Reily who was Clerk of all these Courts and as well Recor- der of the county, held his office in a small log building situated just outside of the south wall of the old fort and a short distance south of the present site of the United Presbyterian Church. The Clerks and Recorder's office were thence removed to the south room in the old Reily two story frame building on the east side of the public square and were continued there with Mr. Reily in office until the year 1824 when they were removed into build- ings erected for their purpose in the Court House square, and there remained until removed into the commodious rooms in which they are now located in the Court House.
The Courts were held in the Torrence Tavern only one year and then were transferred to a frame building within the old fort which had been used by the officers of the garrison as a mess room. It was elevated upon wooden blocks some ten feet above the ground and furnished a very desirable shelter for hogs and other animals. The judges seat consisted of a platform con-
HIMAI
MIAMI UNIVERSITY. MAIN BUILDING.
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THE CENTENNIAL ANNIVERSARY OF HAMILTON, O.
structed of unplaned boards. The old fort magazine building was used for a jail.
The first public building erected on the square was a jail. It was built of limestone obtained from the river, was 33 by 22 feet, two stories high and cost $1600 and was erected in 1806. The next year another stone building 33 by 30 feet two stories high was erected by the County Commissioners for the accommodation of the jailor at a cost of $1,690. The upper story of this building over the jailers apartments was fitted up for the Courts and the sessions of the various courts were held there from the year ISIo until the year 1817. This building is said to have been neither artistic in appearance or convenient in use.
On the 20th day of November 1813, the County Commissioners con- tracted with John E. Scott to furnish all of the materials and erect a brick Court House building according to plan and drawings furnished and to com- plete the same ready for occupancy in the year of 1816 for the sum of $9,000. Scott lost $1,000 on the contract. The Legislature passed a law authorizing the Commissioners to pay to him the $1,000 and which they did. The Courts were transferred to this Court House from the old stone building in the year 1817. The arrangement of the rooms in the building proving to be inconvenient and too small for the use of the county, the County Commis- sioners in the year 1836 contracted with W. H. Bartlett to remodel the build" ing which was done according to plans furnished and at a cost of $15,919, and that building as remodeled was continued in use for the Court until torn down in the year 1888, to give place to the present commodious structure.
In the year 1820 the Commissioners contracted with Pierson Sayre to erect of brick two one-story office buildings in the square in a line with the front of the Court House at a cost of $2,486, and they were completed and occupied in the year 1822. In the year 1836 an addition was built to the one on the west side of the Court House and that building raised to two stories at a cost of $1500. The next year the building east of the Court House had a similar addition annexed to it, and the structure raised to two stories at a cost of $1,820. The building east of the Court House was occu- pied by the Probate Court and County Clerk's offices and the one on the west side for the offices of the County Auditor, Recorder, Treasurer and County Commissioners.
Without further detail, suffice it to say, that these buildings afforded such conveniences for the Courts and public offices as were usual in other counties of the state, and were in the line of progress from those of the early pioneer days.
In the year 1885 an act was passed by the Ohio Legislature, authorizing the issue of $200,000 bonds of the county for the purpose of creating a fund and empowering the Commissioners of the county to erect a new Court House building, and providing for the appointment by the Judge of the
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Court of Common Pleas of the County of a building committee of three free- holders to assist the Commissioners, Clerk, Sheriff and Probate Judge in the adoption of a plan and in the erection of the building. In the year 1887 another act of the Legislature was passed authorizing the issuing of an ad- ditional $90,000 of county bonds for the purpose of completing und furnish- ing the Court House. The money was all expended for these purposes. The building was erected and the structure is commodious, is well heated and ventilated, but it is not well arranged and adopted to the purposes for which it was erected. Its architecture is a half century behind the age. It is to be regretted that better judgement was not exercised in the adoption of a plan of building. Richardson of Massachusetts, the ranking architect of the world, at that time, cor descended to furnish drawings for the house, but his artistic accomplishments were so far beyond the intelligence and comprehension of a majority of the committee that his plan was un- continently thrust aside in favor of the old time copy of other structures prophesied by the Toledo brick-layers. Hence the city of Hamilton has in its midst a combination of stone and other materials in ordinarily old- fashioned form, instead of a building that would have been a credit to the progress of the age, and a cause of pride and rejoicing on the part of our posterity at their centennial in 1991.
Under the provisions of the constitution adopted by the people in 1851, our Courts now consist of the Probate Court. the Common Please and Circuit Courts. The Supreme Court of the State is no longer perambulatory as in former days, but it is permanently held at the Capitol of the State. The bar as part of the Court is entitled to notice in this constitution.
William Corry was the first lawyer who opened an office in Hamilton. He is said to have been a man of ability, but he continued in the practice of his profession only a few years and then retired to a farm where he spent the remainder of his life. In the early days of this century many eminent jurists and lawyers attended the courts of this county. Amongst them, Judge David K. Este, Nicholas Longworth, Joseph S. Benham, Benjamin Callett, Ethan Stone, Thomas R Rass and Judge John McLean. And at a. later day John Woods, William Bebb, Thomas Cormie, Jesse Cormie, Elijah Vance, Ezekial Walker, John B. Weller, Lewis D. Campbell, Henry Stan- berry. Then following Judge Josiah Scott. Judge James Clark, N. C. Mc- Farland, Thomas Moore and Thomas Millikin the latter three of whom are living and yet in the practice.
The members of the bar now residing in Hamilton and engaged in act- ive practice, alphabetically arranged are : Allen Andrews, Benj. W. Baker, Edgar A. Belden, Philip G. Berry, M. O. Burns, W. O. Campbell, Stephen Crane, P. C. Conklin, S. Z. Gard, William S. Giffen, F. T. Hammerle, R. P. Hargitt. E. E. Hull, Alex F. Hume, Ed. H. Jones, Henry L. Krauth, W. H. Harr, P. B. Holly, J. W. Meckley, B. R. Millikin, Thomas Millikin, Thomas
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Moore, H. L. Morey, J. E. Morey, Clarence Murphy, James E. Neil, Jno. F. Neilan, W. L. Petree, David Pierce, Eugene C. Pociey, Isaac Robertson, W. C. Shepherd, John C. Slayback, Culla J. Smith, Jesse C. Smith, B. F. Thomas, F. VanDerveer, I. M. Warwick, Aaron Wesco, James P. Whitmore, Nelson Williams and Isreal Williams.
Whilst it is true that Courts are proverbially conservative, nevertheless in this progressive, pushing country they have in a measure to keep up with the spirit of the age. The demands of business methods cause the Courts to deviate from precedent and to keep in line with the general progress of events. Thus the charming simplicity and directness of the proceedure of the Courts of the pioneer days. When principle was dominant in the find- ings and judgements of the Courts, has give way to circumlocution and sub- terfuge in many instances, to avoid the effect of a decision upon principle. Political and business influences cause the decisions of our Courts, often- times to be strained and artificial, instead of direct and natural as in the pione er days. But such abuses and improprieties it is thought will in due time correct themselves. It is to be hoped that such will be the case and that within|the next centennial period our Courts may acquire such position as to command the respect and reverence of the people.
BAKER-CO.
LAKE. ICE HOUSE AND BRIDGE
DAILY NEWS
PUBLIC LIBRARY.
PART IV.
HAMILTON:
-IN- The War, Literature, Statesmanship AND Political Influence.
HAMILTON, OHIO.
DEMOCRAT DUEL DIN ··
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