USA > Ohio > Hardin County > The history of Hardin county, Ohio > Part 37
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TREASURERS.
The office of County Treasurer was created in the Northwest Territory
352
HISTORY OF HARDIN COUNTY.
August 1, 1792, and in 1799 the law was amended. On the 16th of April, 1803, the Ohio Legislature passed an act conferring on the Associate Judges the power of appointing the County Treasurer, but February 13, 1804, said power was transferred to the Board of County Commissioners. Thus it re- mained until March 12, 1831, when the office was made biennially elective. The following citizens have occupied this position in Hardin County : April 1, 1833, March, 1834, Jonathan Carter ; March, 1834, March, 1836, Robert McCloud ; March, 1836, March, 1840, Obed Taylor ; March, 1840, March, 1842, George B. Goodin ; March, 1842, March, 1850, Usher P. Leighton ; March, 1850, March, 1854, Andrew Dodds ; March, 1854, March, 1856, Usher P. Leighton ; March, 1856, March, 1858, William Ballentine ; March, 1858, October 24, 1860, Daniel Barron ; October 25, 1860, September, 1862, Henry G. Harris, by appointment to succeed Daniel Barron, removed ; Sep- tember, 1862, September, 1866, Anthony Banning ; September, 1866, Sep- tember, 1870, Roswell L. Chase ; September, 1870, September, 1874, Hen- ry M. Shingle ; September, 1874, September, 1878, Curtis Wilkin ; Sep- tember, 1878, September, 1882, David P. Stevenson; September, 1882, Sep- tember, 1884, John M. Carr.
RECORDERS.
This office and the duties thereof were adopted from the statutes of Pennsylvania, in 1795. After Ohio became a State, in 1803, an act was passed giving the power of appointing the Recorder to the Court of Common Pleas, his term of service to be seven years, The duties of the office were changed and defined by many subsequent acts, until February 25, 1831, when a law was enacted making the office elective every three years, all vacancies to be filled by the County Commissioners. The occupants of this office in Hardin County have been as follows: April 1, 1833-39, Daniel Campbell; 1840-45, Daniel Barron: John O. Fox was elected in October, 1845, served until September, 1846, when he left the county, and Samuel Smith served out the balance of the latter year by appointment; 1847-49, Gilbert Seamon; in October, 1849, Samuel Ballentine was elected but left the county before taking office, and Conrad W. Show was appointed and served through 1850; 1851-56, Daniel Barron; 1857-62, Robert F. Mc- Connell; 1863-65, David Stanford; 1866-68, Robert F. McConnell; 1869- 74, Charles Collier; 1875-80, George W. Armstrong; 1881-83, W. W. Stevenson.
CLERKS.
Until the adoption of the new constitution, the office of Clerk of the Court of Common Pleas, and of the Supreme Court, were separate and dis- tinct appointments, each court appointing its own Clerk for the term of seven years; but in Hardin County, as in many others, the two appoint- ments were always given to the same individual. Under the new constitu- tion the District Court was created, and the Supreme Court established per- manently at Columbus. The election of one Clerk was provided for. to serve the Court of Common Pleas and District Court, whose official term is three years. The following persons have held the office in Hardin County: Alexander Thomson was appointed Clerk pro tem., March 8, 1833, and Clerk, September 10, 1833, serving until April, 1839; John Stevens, Clerk pro tem., April, 1839 to May, 1840, was then appointed Clerk, and held the office till March 18, 1847, when he resigned; March, 1847-54, Elias G. Spell- man; 1855-60, William W. Nixon; 1861-63, Gordon A. Stewart; 1864-69, William D. Dean; 1870-72, John M. Pearce; 1873-78, William H Flem- ming; 1879-84, Joseph Timmons.
353
HISTORY OF HARDIN COUNTY.
SHERIFFS.
Under the Territorial laws, passed at Marietta, in 1788, the office of Sheriff was adopted from the statutes of the older States. Previous to April 3, 1803, the office was appointive, but on that date an act was passed pro- viding for an election every two years, and this law has never been changed. Since the organization of Hardin County, there have been sixteen . Sheriffs, viz .: 1833, Henry D. Tharp; 1834-35, Jacob Snoddy; 1836-39, John Ryan; 1840-41, Obed Taylor; 1842-43, David Kinnear; 1844-47, Richard F. Holmes; 1848-53, Jacob Holmes; 1854-57, Day Pugh; 1858-59, Will- iam Pool; 1860-61, James E. Nelson; 1862-65, James L. Stevenson; 1866- 69, Alfred K. Rarey; 1870-73, Nicholas S. Weaver; 1874-77, Isaac Bolen- baugh; 1878-81, George W. Darst; 1882-83, Lewis H. Wells.
SURVEYORS.
The office of County Surveyor was created and his duties defined by an act passed April 15, 1803. By laws enacted in 1816-17-19-20 and 1828, the duties of the office were changed and more fully described. The term of office was five years or during good behavior, and the incumbent was ap- pointed by the Court of Common Pleas. On the 3d of March, 1831, an act was passed providing for the election of the County Surveyor triennially by the legal voters of the county. The following is a list of those who filled the office in this county for the past fifty years: John Terry, 1833; Jacob Kimberlin, 1834 to June, 1837, when he resigned and John H. Wear served the balance of the year by appointment; John H. Ross, 1838-40; Alexander Templeton, 1841; David Ross, 1842-44, who resigned in May, 1844, and was succeeded by John R. Gunn, who filled out the term; Charles Arendts- child, 1845-47; Walter D. Gunn, 1848-50; Robert D. Millar, 1851-56; Joseph Weldin, 1857-59; Walter D. Gunn, 1860, re-elected in October, 1862, and died in the spring of 1863; John R. Gunn, appointed May 21, 1863, and served through that year; William C. Hampton, 1864-69; Fred- erick M. Childs, 1870-71; Wesley A. Strong, 1872-74; John R. Gunn, 1875; William H. Brown, appointed in January, 1876, elected in October, 1876-82; Nicholas H. Colwell, 1883-85.
CORONERS.
This office was established under the Territorial Government in 1788, and April 15, 1803, an act was passed making it elective and describing the duties thereof, which by subsequent acts were changed and more fully de- fined. The Coroner, in case of the resignation or death of the Sheriff, be- comes the occupant of that office during the unexpired term; and the Sheriff holds the same official relations toward the Coroner's office. The Coroners of Hardin County, since its organization, are as follows: Henry Stamatze, 1833-35; Elias Clark, 1836; Henry Garrett, 1837-38; Daniel Barron, 1839; Horace Church, 1840-41; Emanuel Shoard, 1842-43; Chris- topher Koontz, 1844-45; Frisby W. Yoe, 1846-47; Reuben Huff, 1848-49; Harris Pool, 1850; Luther Furney, 1851-52; Horace Church, 1853-62; Fred Fogle, 1863; Horace Church, appointed in March, 1864, vice John Howe, elected, but did not qualify; Samuel Collins, 1865-66; John Howe, 1867-68; Nicholas S. Weaver, 1869-70; John Howe, 1871-73; William Pool, 1874-75; John Kanel, 1876-77; Godfrey Sutermeister, 1878-79; Hiram Kettle, 1880-83.
354
HISTORY OF HARDIN COUNTY.
VOTE OF HARDIN COUNTY AT VARIOUS PERIODS.
It is not our intention to enter into a dissertation upon the wisdom or mistakes of any of the political organizations that have existed and sought the support of Hardin County's vote during the last half century, or to speak of the justice or injustice of party measures, and tell of the many exciting and bitter elections that have shaken the county to its center, creating animosities that the hand of death alone could obliterate, these were State or national questions, and can only legitimately be treated from the broad basis of State or national history; but we here give the vote of Hardin County at different periods since its organization, showing the strength of each political party in State elections. We also record the vote cast in 1851 and 1873, for and against the important issues submitted to the people of the State in those years, Jeaving our readers to draw their own conclusions as to the political sagacity of the voters of this county during the past fifty years.
The first gubernatorial election after the organization of Hardin County was held October 14, 1834, Robert Lucas being the Democratic candidate, and James Findlay the candidate of the Whig party. As a matter of gen- eral interest, and for future reference by our readers, we give the vote of this election by townships: Pleasant Township, Lucas, 42; Findlay, 12; Round Head, Lucas, 26; Findlay, 26; Blanchard, Lucas, 13; Findlay, 00; Cessna, Lucas, 9; Findlay, 00; Dudley, Lucas, 10; Findlay 10; Taylor Creek, Lucas, 6; Findlay, 17; Goshen, Lucas, 5; Findlay 2; total vote, Lucas, 111; Findlay, 67; a Democratic majority of 44 votes.
1836-Vote for Governor: Joseph Vance (Whig), 222; Eli Baldwin (Democrat), 123; total vote, 345.
1838-Vote for Governor: Wilson Shannon (Democrat), 251; Joseph Vance (Whig), 225; total, 476.
1841-Vote for State Senator: Jacob Clark (Whig), 348; Robert A. Forsythe (Democrat), 336; total, 684.
1844 -- Vote for Governor, lacking that of Goshen, Taylor Creek and Blanchard Townships, which are missing from the returns: David Tod (Democrat), 343; Mordecai Bartley (Whig), 383; Leicester King (Abolition), 6; total, 732.
1848-Vote for Governor: John B. Weller (Democrat), 544; Seabury Ford (Whig), 557; total, 1,101.
1850-Vote for Governor: William Johnston (Whig), 580; Reuben Wood (Democrat), 494; total, 1,074.
1851-Vote for Governor: Samuel F. Vinton (Whig), 731; Reuben Wood (Democrat), 764; Samuel Lewis (Free Soil), 10; total, 1,505.
1851-Vote for new Constitution, etc. : yeas, 539; nays, 736; for Liquor License, yeas, 772; nays, 413; for Senatorial Delegate, Otway Curry (Whig), 536; William Gellar (Democrat), 453; for Representative Delegate, Benja- min Stanton (Whig), 533; Thomas L. Wright (Democrat), 453.
1855-Vote for Governor: William Medill (Democrat), 665; Salmon P. Chase (Republican), 903; Allen Trimble (Know Nothing), 60; total, 1,628. 1857-Vote for Governor : Salmon P. Chase (Republican), 1,042 ; Hen- ry B. Payne (Democrat), 911; Philadelphus Van Trump (Know Nothing), 60; total, 2,013.
1859-Vote for Governor : William Dennison (Republican), 1,152 ; Ru- fns P. Ranney (Democrat), 1,127; total, 2,279.
1861-Vote for Governor : David Tod (Republican), 1,391 ; Hugh J. Jewett (Democrat), 1,053 ; total, 2,444.
Saul Stewart
357
HISTORY OF HARDIN COUNTY.
1863-Vote for Governor: John Brough (Republican), 1,570; Clement L. Vallandigham (Democrat), 1,336; total, 2,906. The "soldier vote " in- creased Brough's total by 323, and Vallandigham's by 36 votes.
1865-Vote for Governor: Jacob D. Cox (Republican) 1,644; George W. Morgan (Democrat), 1,302; Alexander Long (Independent), 56; total, 3,002. 1867-Vote for Governor: Rutherford B. Hayes (Republican), 1,770 ; Allen G. Thurman (Democrat), 1,770; total, 3,540.
1869-Vote for Governor : George H. Pendleton (Democrat), 1,882 ; Rutherford B. Hayes (Republican) 1, 773; Samuel Scott (Prohibitionist), 15 ; total, 3,670.
1871-Vote for Governor: George W. McCook (Democrat), 2,028; Ed- ward F. Noyes (Republican), 2,057; Gideon T. Stewart (Prohibitionist), 21 ; total, 4,106.
1873-Vote for Governor: Edward F. Noyes (Republican), 1,936; Will- iam Allen (Democrat), 1,850; Gideon T. Stewart (Prohibitionist), 191; Isaac C. Collins (National Greenback Labor), 28; total, 4,005. Delegate to the Constitutional Convention, William H. Philips (Republican), 1,715; Thom- as Espy (Democrat), 1,684; total, 3,399.
1874-Vote for the Revised Constitution, etc .: Yeas, 923; nays, 2,115. for license, 1,334; against license, 1,682.
1875 -- Vote for Governor: William Allen (Democrat), 2,608; Rutherford B. Hayes (Republican), 2,527; Jay Odell (Prohibitionist), 2; total, 5,137.
1877-Vote for Governor: Richard M. Bishop (Democrat), 2,724; Will- iam H. West (Republican), 2,724; Henry A. Thompson (Prohibitionist), 35; total, 5,483.
1879-Vote for Governor: Charles Foster (Republican), 3,312; Thomas Ewing (Democrat), 3,033; Gideon T. Stewart (Prohibitionist), 11; A. Sanders Piatt (National Greenback Labor), 2; total, 6,358.
1881 -- Vote for Governor: Charles Foster (Republican), 3,174; John W. Bookwalter (Democrat), 2,979; Abraham Ludlow (Prohibitionist), 308; total, 6,461.
During the existence of the Whig party we find that the Democrats car- ried Hardin County in the following gubernatorial contests: 1834-1838 and 1851. The returns of 1840-42-46 and 1853 being either wholly or partly missing, we are unable to give anything reliable as to the result in those years. At all the balance of the elections for Governor, the Whigs were victorious. Since the birth of the Republican party, the Democrats have had a majority in Hardin County, for Governor, but twice, viz .: In 1869, when Pendleton beat Hayes, and in 1875, when Allen defeated Hayes. What might be called a strange coincidence in connection with the elections of this county is, that in 1867, Allen G. Thurman and Rutherford B. Hayes had each 1, 770 votes; while ten years later, viz., 1877, a similar tie occurred between Richard M. Bishop and William H. West, each receiving 2,724 votes in Hardin County. It is a generally admitted fact, that the Republi- can party has always had a small majority in Hardin County; yet in local elections the contest is often very close, and seldom that the candidates of one party are all successful. It has therefore been, and now is necessary to success, to nominate good men, and no matter which party wins, the county is sure to obtain worthy and competent officials to transact her pub- lic business.
POPULATION AND OTHER STATISTICS.
The following table shows the total increase of population in Hardin County, by decades, for fifty years, viz .: In 1830-210; 1840-4,598; 1850 -8,251; 1860-13,570; 1870-18,714; 1880-27,023.
358
HISTORY OF HARDIN COUNTY.
In this table, we give the population by townships since 1840, which was the first official census taken after the organization of the county :
1880
1870
1860
1850
1840
Blanchard Township, including Dunkirk. Dunkirk
2.428
1,250
680
252
241
Buck Township.
1,610
1,259
794
462
Cessna Township.
966
732
487
303
259
Dudley Township.
1,418
1,008
797
529
349
Goshen Township.
1,030
928
894
590
549
Hale Tp. includ. part of Ridgeway Village ... Ridgeway Village (part of).
249
177
1,412
913
530
260
Patterson Village.
385
170
Liberty Township, including Ada ..
3,295
2,308
1,148
422
Ada ...
1,760
Ward 1.
658
2
576
3
526
Lynn Township.
922
457
261
Marion Township.
671
599ยท
452
177
McDonald Township.
1,449
900
757
582
285
Pleasant Township, including Kenton.
5,492
4,002
2,985
2,124
874
Kenton.
3.940
2,610
Ward 1
1,034
2.
857
3
1,249
4.
800
Round Head Township.
1,035
759
778
655
564
Taylor Creek Township.
1,189
891
641
531
400
Washington Township.
1,291
883
706
391
203
Ridgeway Village (in Hale Township, Hardin
County, and in Bokes Creek Township, Logan County).
342
277
1,180
428
267
Jackson Township, includ. the following vills. Forest Village.
2,176
987
1,740
1,254
1,311
The oldest tax duplicate of Hardin County now in existence is that of 1836, which shows the total taxable valuation of property in this county, at that date, to have been $200,648, on which the amount of taxes collected was $2,113.41. In 1882, there were 293,916 acres of land returned for taxation, valued at $5,937, 170; real estate in towns and villages, $1,413, 470; chattel property, $3,257,930; total valuation, $10,608,570. The debt of Hardin County in 1882, according to the report of the Secretary of State, was $163,000; debts of towns and villages, $60,279; and of separate school districts, $19,460; total indebtedness, $242, 739. But the county has much to show why this indebtedness was incurred. Her fine school buildings, magnificent infirmary and unrivalled system of pikes, tell the tale, while her general progress has been so rapid as to confirm the wisdom of a liberal expenditure in public improvements.
982
35 9
HISTORY OF HARDIN COUNTY.
CHAPTER IX.
TERRITORIAL JUDICIARY-STATE JUDICIARY PRIOR TO 1851 - SUPREME COURT- COURT OF COMMON PLEAS-JUSTICES OF THE PEACE-CIRCUITS-JUDICIARY SINCE 1851-SUPREME COURT-COURT OF COMMON PLEAS, AND JUDICIAL DISTRICTS-DISTRICT COURTS-JUSTICES OF THE PEACE-PIONEER COURTS OF HARDIN COUNTY- JURORS, TAVERN KEEPERS AND SCHOOL EXAMINERS FROM 1833 TO 1835.
AS S people often fail to agree with regard to their relative rights and duties, and as they sometimes violate their agreements with each other, and even violate and disobey those rules and regulations prescribed for their conduct, it is necessary that tribunals should be provided to administer justice, to determine and declare the rights of parties, to investigate and de- cide whether the laws are observed or violated, and to declare and pronounce judgment according to law and the just deserts of the citizen. These de- terminations are called judicial. Upon the organization of the Northwest Territory, courts were established and laws promulgated for the proper gov- ernment of the same. The first to take shape was the Court of Common Pleas, established by the Governor and Judges at Marietta, August 23, 1788. This court was composed of not less than three nor more than five Justices, appointed in each county and commissioned by the Governor, " to be styled the County Court of Common Pleas," whose sessions were held twice a year in each county. By an act passed at Cincinnati, November 6, 1790, this court was authorized to hold four sessions per year for the greater facility in the transaction of business, and the number of Judges were in- creased, to not less than three nor more than seven in each county. Beside the regular sessions, these courts were empowered to hold special terms, as often as necessary, while their powers and duties were fully defined and regulated by law.
On the 30th of August, 1788, the General Court of the Territory was organized for the trial of "civil and criminal cases." Its sessions were held once a year in each county, and November 4, 1790, the time and place for holding said courts was defined. An act was adopted from the Virginia statutes July 16, 1795, giving the Judges power to continue suits in neces- sary cases.
Probate Courts were created by an act passed at Marietta August 30, 1788, establishing a Judge of Probate in each county. He was authorized to hold four sessions annually, and special sessions whenever necessary. Probate Judges were appointed by the Governor, and had charge of all pro- bate and testamentary business. Their decisions were not final, but they could call in two Justices of the Court of Common Pleas, who, with the Probate Judge constituted the Court of Probate, which had power to render final decisions and decrees in all matters cognizable in said court, subject, however, to appeal in all cases to the General Court of the Territory.
The act establishing Orphans' Courts was adopted from the statutes of Pennsylvania, June 16, 1795. They consisted of the Justices of the Gen-
360
HISTORY OF HARDIN COUNTY.
eral Quarter Sessions of the Peace, and were created in each county. These courts were domestic, possessing peculiar facilities for acquiring correct in- formation of the condition of intestate estates within their jurisdiction, and much was intended to be confided to their discretion because their pro- ceedings were ex parte, and in most cases operated upon and effected the rights of minors. They worked in harmony with the Judge of Probate, and their duties and powers were defined in conjunction with his. Upon the organization of the State judiciary April 15, 1803, all business of a probate or testamentary nature, pending in the Orphans' Courts, or Courts of Probate, was transferred to the Courts of Common Pleas ; and the law of 1795, defining the limits of judicial power in relation to intestate estates remained in force. Thus the Court of Common Pleas was endowed with all the former duties and power of the Probate and Orphans' Courts, and so re- mained until the adoption of the new constitution, when the office of Pro- bate Judge was created as it exists to-day.
The General Quarter Sessions of the Peace were established August 23, 1788, to be held four times a year in each county. This court consisted of not less than three nor more than five Justices, who were appointed by the Governor. It was created for the trial of small causes, and its jurisdic- tion was defined by law.
Circuit Courts were created by an act approved December 9, 1800. They were held annually in the several districts into which the Territory was divided, by one or more Judges of said Territory, to which cases from the Court of Common Pleas were taken, removed or appealed. These sev- eral courts comprised the Territorial judiciary, until the admission of Ohio into the Union.
STATE JUDICIARY PRIOR TO 1851.
At the first session of the Legislature in April, 1803, an act was passed organizing Judicial Courts. The Supreme Court consisted of three Judges, elected by joint ballot of the General Assembly, their official term to be seven years. One session a year was held by this tribunal in each county. The Constitution gave the Supreme Court original and appellate jurisdiction, both in common law and chancery, in such cases as the law should direct. On the 17th of February, 1808, the number of Judges were increased to four, and the State divided into two districts, East- ern and Western, two of said Judges to hold court in each, as they should determine among themselves. This county was in the Eastern District, but the law was repealed February 16, 1810, at which date the number of Su- preme Judges was reduced to three. By this act the Supreme Court was given concurrent jurisdiction of all civil cases, both of law and equity, where the matter in dispute exceeded $1,000, and appellate jurisdiction from the Court of Common Pleas in all cases wherein that court had original jurisdiction. It also was given exclusive cognizance of all cases of divorce and alimony, and in all criminal cases except where the prisoner elected to be tried by the Court of Common Pleas. The number of Judges was again increased to four February 13, 1816, and exclusive cognizance of criminal cases conferred upon this tribunal. Thus it stood until the adop- tion of the new constitution in 1851. Many laws were passed, defining more minutely the powers and duties of the Supreme Court, which may be found in the Ohio statutes.
361
HISTORY OF HARDIN COUNTY.
COURT OF COMMON PLEAS.
The State was divided into circuits, for each of which a Judge was elected by joint ballot of the General Assembly, whose term of office was seven years. In each county, not less than two nor more than three Asso- ciate Judges were chosen in a similar manner and for the same period of service. The President Judge with the Associates composed the Court of Common Pleas of each county, whose powers and duties were defined and time of holding court stated. Under the constitution, this court had com- mon law and chancery jurisdiction with the Supreme Court, while both had complete criminal jurisdiction, as the law from time to time should define. The Associate Judges were empowered to hold special sessions to transact county business whenever such was necessary. The Court of Common Pleas, by an act passed February 22, 1805, had cognizance of all crimes, offenses, etc., the punishment whereof was not capital, and January 27. 1806, an act was passed allowing capital punishment offenses to be tried before this tribunal, at the option of the prisoner, but the decision was final. On the 16th of February, 1810, the several acts organizing judicial courts, defining their powers and regulating their practice, were reduced into one. By this enactment, the decisions of the Common Pleas Court in all criminal cases might be taken to the Supreme Court on error, the former final clause being repealed. The Court of Common Pleas was to consist of a President and three Associate Judges, and were to have original jurisdiction in all civil cases of law and equity where the sum or matter in dispute did not exceed $1,000, and did exceed the jurisdiction of a Justice of the Peace. It also had appellate jurisdiction from the decisions of Justices of the Peace, in all cases in their respective counties. It had exclusive power to hear and determine all causes of a probate and testamentary nature, to take the proof of wills, grant letters of administration, appoint guardians, etc .; also exclu- sive cognizance of all crimes, offenses, etc., the punishment of which was not capital, and then if the defendant so desired. In 1816, the power of trying the latter class of cases was taken from the Court of Common Pleas, and by many subsequent acts their powers were defined and regulated. In 1831, this court was given exclusive cognizance of all crimes, offenses, etc., the punishment whereof was not capital ; also original and concurrent juris- diction with the Supreme Court of all crimes, offenses, etc., the punishment of which was capital. Thus the judiciary remained with immaterial changes until the adoption of the new constitution, at which time the courts were again re-organized.
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