The history of Madison County, Ohio, Part 33

Author: Brown, Robert C; W.H. Beers & Co., pub
Publication date: 1883
Publisher: Chicago, W.H. Beers & co.
Number of Pages: 1180

USA > Ohio > Madison County > The history of Madison County, Ohio > Part 33

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At a session of the Associate Judges of Franklin County, held January 10, 1804, we find the following among the proceedings, " Ordered, that there be paid unto James Ewing out of the Treasury of Franklin County, the sum of $8.75, it being the compensation due to him for seven days' services in taking the list of taxable property and the enumeration of white males in Darby Township for the year 1803." Thus it will be seen that James and Joshua Ewing were the first officials of the territory, subsequently erected into Madison County. At this time a living stream of settlers was pouring into the country west of the Big Darby, and so rapidly were the lands taken up that Darby Township soon contained sufficient population with which to found a new county. In accordance with a petition presented by the in- habitants thereof, the Legislature passed an act February 16, 1810, through which a new county was created, and named in honor of the illustrious James Madison, fourth President of the United States, who was then at the head of the Government.

319

HISTORY OF MADISON COUNTY.

The act establishing the same reads as follows : " That all that part of the county of Franklin, lying west of Franklinton, is hereby erected into a separate county and bounded as followeth, viz. : Beginning at the south- east corner of Delaware County ; thence east with the south boundary of the said county line, to a point that a line running due south will be the distance of twelve and one-half miles west of the county seat of Franklin County ; thence on a straight line, to the northwest corner of the county of Pickaway ; thence with said line south, until it intersects the line of Ross County ; thence west with said line, to the line of Greene County; thence north with the line of Greene, to Champaign County line; thence with Champaign line, to the place of beginning.

" That the said county of Madison shall, from and after the 1st day of March next, be, and the same is hereby declared to be a separate and distinct county, and entitled to all the rights and privileges appertaining to the same : Provided, that all actions and suits which are, or may be pend- ing, or instituted in the county of Franklin, before the first Monday of March next, shall be prosecuted and carried into final judgment and execu- tion, and all taxes which shall be now due, shall be collected as though this act had not passed.

" That on the first Monday in April next, the legal voters residing in said county of Madison, shall assemble in their respective townships, and elect their several county officers, who shall hold their offices until the next annual election.

"That there shall be appointed, by joint resolution of both Houses of the present General Assembly, three Commissioners to fix the seat of justice in said county of Madison, agreeable to the act establishing the seats of justice, who shall make report of their proceedings to the Court of Common Pleas, of Franklin County, who shall be govorned by the provisions of the afore- said act.

" That the Commissioners aforesaid shall be paid for their services out of the Treasury of the county of Madison, and that the temporary place of holding courts, until otherwise provided for according to law, shall be at the house of Thomas Gwynne, in said county of Madison. This act shall take effeet and be in force from and after the 1st day of March next."

By an act passed January 16, 1818, the following territory was added to Madison County : " That all that part of Champaign County, east of the eastern boundary of Clark County be, and the same is, hereby attached to Madison."

In the erection of Union County, January 10, 1820, a strip of territory two and one half miles wide, parallel with the old line, was taken from the north part of Madison, in the formation of the new county, while at the same time the following territory was cut off from Franklin County and attached to Madison, viz .: " Beginning on the line between the counties of Franklin and Madison, at a point two and one half miles south of the north boundary of said counties ; thence east two miles ; thence south four miles ; thence west two miles; thence north to the place of beginning. be attached to, and hereafter considered a part of Madison County." It will, doubtless, be of interest to the general reader to know of the many acts passed establishing and changing the county lines, and we, therefore, give from official records the different surveys and changes since the erection of the county.

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HISTORY OF MADISON COUNTY.

On the 29th of January, 1821, an act was passed declaring "That the line formerly run by Solomon McCulloch, as the eastern boundary line of Champaign County, be, and the same is, hereby declared the eastern bound- ary of said county. That so much of said line as lies north of a point six miles north of the southeast corner of the county of Champaign be, and the same is, hereby declared the eastern boundary of the county of Clark. That the line between the counties of Madison and Union shall be run parallel with the line formerly run as the dividing line between the counties of Madi- son and Franklin, and the county of Delaware." February 4, 1825, Will- iam Wilson, of Clark County, was appointed to run a line between the counties of Madison and Union, viz .: " To commence at the southeast corner of the county of Union, and run from thence a due west course to the eastern boundary of Champaign County." He was instructed to leave a duplicate of said survey, also the plats and notes thereof, with the Commissioners of each county, "which line so surveyed, platted and returned, shall be and remain the established line between the counties of Union and Madison."

January 22, 1827, an act was passed to alter and establish the line be- tween the counties of Clark and Madison: "Beginning at the northeast corner of Clark County, and to run from thence to a point so far east of the southeast corner of the said county of Clark as will leave as much land or territory, in the said County of Clark, as shall be taken by the County of Madison, or in other words, the said line shall be so run as to include in and exclude from the said counties respectively an equal quantity of terri- tory." By the second section of this act, the Surveyor of Madison Coun- ty was authorized and required to run, and have said line plainly marked, agreeably to the provisions of the first section of the act; to have the same completed by March 20, 1827, and to make a return of said survey to the Clerks of the Court of Common Pleas of both counties, Madison Coun- ty to defray the full expense of running and marking said line.

Under an act passed January 29, 1827, a new line was ordered to be run between Union and Madison Counties, to wit: " That Jeremiah Mc- Lene, of the county of Franklin, be, and hereby is appointed to run, sur- vey, mark and establish a line between the counties of Madison and Union, to commence at the southeast corner of the county of Union, and running from thence a direct line to a point in the line of the eastern boundary of the county of Champaign, two and a half miles south of the line formerly run between the counties of Delaware and Madison : which line

so run, surveyed, platted and returned. shall be and remain the established line between the aforesaid counties of Madison and Union." Each county was to bear half the expense of said survey which was to be completed be- fore April 1, 1827 ; and all laws or parts of laws passed previously to this act and inconsistent with the same were declared repealed. We again find it enacted January 5, 1828: "That the line run as the line between the counties of Madison and Union. by Levi Phelps, in the year 1820, be, and the same is hereby declared to be the established line between the aforesaid counties."

There has only been one change made in the lines of Madison County since the above date. By an act passed on the 4th of March, 1845, the line between Madison and Franklin Counties was changed by making Big Darby the boundary from the southeast corner of Survey No. 2677, in Jeffer-

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HISTORY OF MADISON COUNTY.

son Township, to the southeast corner of Survey No. 3313, in Canaan Town- ship, and thus the lines have since remained.

In conformity with the legislative enactment erecting Madison Coun- ty, three Commissioners were elected on the first Monday in April, 1810, viz .: Joshua Ewing, John Arbuckle, and William Gibson, who subdivided the county into townships, to the history of which we refer the reader for

their official record and erection. On the 7th of May, 1810, the Associate Judges of Madison County, viz .: Isaac Miner, Samuel Baskerville, and David Mitchell, who had, previously, been elected by the General Assembly , ordered the Commissioners of said county to advertise the elections in the different townships throughout the county, for the purpose of electing town- ship officers, said elections to be held at the following places : " In Darby Township, at the house of Mrs. Robinson ; Jefferson, at the house of Thomas Foster; in Deer Creek, at the house of Thomas Gwynne; in Pleasant, at the house of Forgus Graham : in Stokes, at the house of P. Cutright; in Union, at the house of Elias Langham, and agreed upon by said Commission - ers that William Gibson does advertise said election at different places."

Up to this time the lines of the county had not been surveyed, the legislative act of creation alone establishing the boundaries thereof. On the 31st of July, 1810, the Board of Commissioners authorized William Gibson to notify the Commissioners of Greene, Champaign and Franklin Counties to attend with their surveyors and have the lines established agree- able to law. The Board of Madison County, with Patrick McLene the sur- veyor thereof, were to meet the respective boards and surveyors of the adjoining Counties, at the following points, viz. : Those of Greene, at the house of Isaac Hudson in Stokes Township, on the 17th of September, 1810 ; those of Champaign, at the house of Christopher Lightfoot, near their south- east corner, on the 24th of September ; and those of Franklin, at the court house in Franklinton, on the first Monday in October following. The Commissioners delivered elaborate instructions to Patrick McLene as to the course he was to pursue. Each county was to defray one-half the expense of making the survey, but, in case the surveyors of the other counties did not attend at the place and time appointed, the surveyor of Madison was in- structed " to run and mark the lines in the same manner you would consent to do were they or either of them present." These instructions were de- livered to Patrick MeLene September 13, 1810, who at the appointed time began to run and ascertain the boundary lines. It is evident, however, that the work was not completed until early in 1811, and to dispel all doubt on the matter, we here give a verbatim record of the survey as transcribed in Pat- rick MeLene's own handwriting :

" April 10, 1811-Notes of the lines of Madison County as far as I have run them. Beginning at a white elm, red elm and black walnut, north- east corner of Fayette County, in the Pickaway County line, running west by the needle, twenty miles, two hundred and eighteen poles to an elm, post oak and two red oaks, one marked M. C., crossing Deer Creek at sixty poles ; at 134 poles, crossing Deer Creek Road from Chillicothe to Urbana; at two miles and 116 poles, Langham's road ; four miles and 76 poles, a branch of North Paint : 5 miles and 62 poles. another branch of North Paint ; ten miles and 290 poles, East Fork of Paint ; eleven miles and 160 poles, a road ; fourteen miles and 40 poles, Main Paint ; fifteen miles and

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HISTORY OF MADISON COUNTY.

70 poles, Springfield road to Chillicothe ; sixteen miles and 130 poles, Sugar Creek ; eighteen miles and 140 poles, Rattlesnake Fork ; twenty miles and 58 poles, the corner made by the Surveyor of Fayette County ; twenty miles and 182 poles, a branch of Massie's Creek ; thence N. 3º W. nine miles and 87 poles, to a stake in Champaign County line, crossing a branch of Massie's Creek at 100 poles ; another at 214 poles; seven miles and 278 poles, the Little Miami ; eight miles and 208 poles, a branch of the Little Miami; thence N. 87º E., six miles to a stake, a burr oak, hickory and black oak, bearing trees. Crossing a branch of the Little Miami at 220 poles ; at two miles and 284 poles, the State road leading from Xenia to John Graham's ; thence N. 3º W., twenty miles and 130 poles, to three White Oaks (two from one root), two black oaks and two hickories, supposed to be the southwest corner of Delaware County. Crossing at two miles and 254 poles, the new State road ; four miles 116 poles, Wolf Run ; four miles 160 poles, Urbana road; five miles 25 poles, a branch of Deer Creek ; six miles 76 poles, State road from Franklinton to Springfield ; seven miles 160 poles, Deer Creek ; nine miles 130 poles, a road by Graham's to Urbana ; fourteen miles 254 poles, Little Darby ; sixteen miles 180 poles, Little Lake ; seventeen miles 260 poles, branch of Little Darby ; thence east fourteen miles and 300 poles, to the northwest corner of Franklin County, a stake, burr oak and two ash trees. Crossing a branch of Little Darby at 170 poles ; the line made by Champaign Surveyor, at one mile 246 poles ; main Darby at seven miles 124 poles, etc." P. McLENE, S. M. C."

The chain carriers were Isaac Hudson, Walter Watson, Joseph Brown, Abraham Denton and Samuel Brown, while the markers were Skinner Hudson and Abraham Watson. In ascertaining the center of Madison County, Benjamin Strong and Henry Warner served as chain carriers. Patrick McLene was paid the sum of $82.50 for his services in finding the center of the county and running the boundary lines as described above ; while the chain carriers and markers each received $1 per day. If there has ever been a survey of the line between Madison and Franklin Counties, it is not on record in London, the book exhibiting a blank space where such survey was evidently intended to be transcribed.

Upon the erection of Union County, in 1820, the Commissioners of Madison ordered the Clerk to notify the board of Union County that they were willing to give them two miles and a half off the north end of this coun- ty, the line to be run parallel with Root's line. . It seems, however, that the line between Madison and Union Counties was not established in a satisfac- tory manner, for we find that in May, 1823, Patrick McLene, Auditor of Madison County, and the auditor of Union, agreed to order out the sur- veyors to establish the line in dispute between these counties. David Chap- man was appointed on the part of Madison County, and the following sur- vey was made May 24, and reported by him June 2, 1823.

" TO THE AUDITOR OF MADISON COUNTY-Pursuant to your order, to me directed, I attended with Alexander Robison, Deputy Surveyor of Union County. We proceeded on the 22nd inst. to survey the line be- tween the county of Madison and the county of Union. We began at the old line dividing the counties of Madison and Franklin, from Delaware, where the east line of Union County crosses said line; thence south two and a half miles, and made a corner for Union, set a post from which a

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HISTORY OF MADISON COUNTY.

beech twenty inches in diameter bears N. 20° E., twenty-two links distant, and an elm six inches in diameter, bears S. 32° W., twenty-five links dis- tant; thence west fifteen miles and 298 poles. First mile tree, a white oak, twenty-four inches in diameter ; crossed Sager's Run at one mile and 315 poles ; second mile tree, a small hickory ; third mile tree, an elm ; crossed Darby at three miles and 80 poles ; fourth inile tree, a small white oak ; crossed road from Sager's mill to London, at four miles and 50 poles ; fifth mile tree, a white oak eighteen inches in diameter ; sixth mile, a stake in a prairie ; seventh mile tree, blazed a tree ; then run and measured north two and a half miles, and found the old Delaware and Madison line at that dis- tance, returned to said blazed tree and continued our line west; eighth mile tree, a large burr oak; ninth mile tree, a small jack oak; tenth mile, a hickory stake; road from Mitchell's to London, at ten miles and 70 poles ; eleventh mile tree, a white oak; twelfth mile tree, a white oak; crossed Little Darby, at twelve miles and 136 poles running southeast ; thirteenth mile tree, a burr oak twenty inches in diameter; crossed Little Darby at thirteen miles and 156 poles running northeast ; fourteenth mile tree, a burr oak ; fifteenth mile tree, a burr oak ; crossed Treacles Creek three times at about 160 poles ; set a post in the line of Champaign County line, for the northwest corner of Madison County, from which a burr oak fifteen inches in diameter bears north twelve links, and another burr oak fourteen inches in diameter bears S. 85° E., twenty-one links distant."

The line between Madison and Clark Counties was still unsettled, and we find on the records bearing date June 11, 1824, the following: " Ordered by the Commissioners of Madison County, that the Commissioners of Clark County be notified that they will order their Surveyors to attend at the house of John Williams, on Monday, the 5th of July, at 8 o'clock A. M., to run and establish that part of the line between said counties, which is not yet es- tablished agreeable to an act of the Legislature passed January 29, 1821." The reader will bear in mind that upon the erection of Clark County in 1817, a portion of Madison was taken in the formation of said county. The town of South Charleston was, previous to the creation of Clark, within the limits of Madison County, as the following record of the plat will demonstrate: " Surveyed for Conrad Critz, the foregoing platted town in Madison County, Stokes Township, described as follows: Columbus street runs north 61º east, crossing Chillicothe street at right angles. Chillicothe street runs south 29º east. Given under my hand this 1st day of November, 1815- John T. Stewart." The names of many early settlers of that vicinity may be found in the judicial records of Madison County, as London was then their seat of justice.

The last survey of any boundary line of Madison County which we find on record is the following : " August 23, 1827, surveyed for Madison County, as follows : Beginning at the northeast corner of Canaan Township, in the line between the counties of Franklin and Madison, running with said line south one and a half miles, marked a hackberry, sugar and a hickory, for a corner between said counties ; thenee cast two miles, marked a mulberry and a small beech for a corner between said counties (a beech for a mile tree); thence north four miles, and marked a beech for the northeast corner of Madison County, on the north side of the Post road; a small ash for the first mile tree, a sugar tree for the second, a beech for the third mile-David Chapman, Surveyor."

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HISTORY OF MADISON COUNTY.

FIRST ELECTIONS.

At the first election held in Madison County on the first Monday in April, 1810, John Moore and John Arbuckle were Judges of Election in Deer Creek Township, receiving $3 each for their services, the latter being paid $1 extra for taking charge of the poll book. Luther Cary was paid $2 for acting as Judge of Election in Darby Township, while Abraham Den- ton and Bazil Hunt were allowed $2 and $1 respectively for a similar service in Stokes Township. Elias Langham and Patrick McLene were paid $1 each as Judge and Clerk of the Election in Union Township, and R. Soward was allowed $2 for bringing three books and five quires of paper from Chillicothe for the use of Madison County.

We find from the records that an election was held in many of the townships May 19, 1810. In Union, Walter Watson, David Groves and John Timmons, were Judges, and Patrick McLene and William Gibson, Clerks, all of whom were paid $1 each for their services. In Jefferson Township, Frederick Loyd and Henry Smith served as Judges, while the Clerks were Lewis Foster and James Moore. The compensation was the same as in Union Township. At the same election William Blaine was Judge in Deer Creek Township, and Amos Howard Clerk in the same, each of whom were paid $1, while William Ross was allowed 75 cents for making a ballot box for the use of Deer Creek Township.

The regular annual election took place October 9, 1810, when William Frankabarger, Thomas Gwynne and William Blaine were Judges in Deer Creek Township, with John Pepper and Charles L. J. Atchison as Clerks. In Darby Township, Samuel Mitchell, Luther Cary and Samuel Robinson served as Judges, with James Ewing and Thomas Robinson as Clerks. The Judges of Jefferson Township were Thomas Foster, David Bradley and James Moore ; the Clerks, Paul Alder and Nehemiah Gates. In Union Township, the Judges were John Melvin, Benjamin Kirkpatrick and Andrew Cypherd ; while the Clerks were Elias Langham and Patrick McLene. The Pleasant Township Judges were Forgus Graham, Enoch Thomas and John Smith ; the Clerks, Samuel Dawson and David Long. In Stokes Town- ship, the only name we find on record is William Kelso, who acted as Judge. The record of these early events will preserve the names of many of the pioncer fathers, who spent their lives in Madison County, ever taking an active interest in its government, while laying the foundation for that wealth and intelligence which characterizes its people to-day. Those Judges and Clerks were each allowed for their services the small sum of $1, while the Judge who took charge of the poll book was paid $1, or sometimes $1.50 extra. At this same election, John Moore, Sheriff of Madison County, was allowed $4 for taking the abstracts of the votes to Franklin County, while Robert Hume, Clerk and Recorder of Madison County, was paid $5 for his services in opening the election returns. Thus the reader can compare the official compensation of the pioneer days with that of to-day, and gain therc- by a fair knowledge of the wonderful progress in population, wealth and development of this garden spot of Ohio; for as intelligence and wealth expand, so, also, do liberal ideas, resulting in a generous compensation for all classes of labor wherever just laws and honest government prevail.

JOHN W. BYERS. (DECEASED]

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HISTORY OF MADISON COUNTY.

EARLY LICENSE RATES AND LICENSES.

The Board of Commissioners met at the house of Thomas Gwynne, the temporary seat of Justice, on the 11th of June, 1810, and established the following license rates for taverns in the several townships of Madison County : Union Township, $4; Deer Creek, $7 ; Jefferson, $4; Stokes, $5; Pleasant, $4; and Darby, $4. In 1811, the tavern license was : Darby Township, $4; Jefferson, $4; Deer Creeek, $6 ; Union, $6; Stokes, $4, and Pleasant, $4. In 1812, each of the above townships paid $4, ex- cepting Union, in which the rate was $5; and in 1813 Union Township paid $6, Deer Creek $5, and the balance $4.

On the 30th of July, 1810, the Court of Common Pleas granted a license to Thomas Gwynne for one year to keep a tavern at his house in Deer Creek Township. On the following day, the court granted a license to Elias Langham, to keep a tavern at his house in Union Township. In March, 1811, Thomas Gwynne was issued a license " to vend merchandise where he now lives in Deer Creek Township, for one year." Thus it will be seen that Mr. Gwynne was the first licensed tavern-keeper, as well as the first merchant of Madison County after its erection.

At the same session, Nathaniel Hunter was granted a six months' license " to vend merchandise as a peddler," which was re-issued in 1812. In October, 1813, Hunter, who was an alien, applied " for the benefit of the naturalization laws to be extended to him," which the court granted, and, taking the oath as provided under the Constitution, he was admitted as a citizen of the United States. This is the first naturalization case upon record in Madison County, and as such we deem it worthy of a place in its history.

In November, 1811, Peter Cutright was granted a license to keep a tavern for one year in Stokes Township, and John Turner, of Stokes Town- ship, was issued a similar permit, " to keep a public house for the accommo- dation of travelers where he lives in said township." In July, 1812, the Court of Common Pleas issued licenses to Joseph Russell and Philip Lewis to keep taverns in London, the newly laid out county seat. In March, 1813, Robert Hume was granted a license to keep a tavern at his dwelling in London, and in June, John Gwynne obtained a license for the same pur- pose. At the October term of 1813, William Wilson and Joseph McKel- fish secured a license " to vend merchandise in the town of London for one year." In February, 1815, William and Eli Gwynne were granted similar favors ; in 1816, Thomas Needham and Robert Hume, under the firm name of Needham & Hume, and John Brodrick & Co. ; in 1817, John Moore and Elias N. De Lashmutt ; in 1819, Thomas Gwynne & Co., E. W. Gwynne and William Nelson being members of this firm. In June, 1815, William McCormick was issued a license to keep a tavern in London for one year ; and, in May, 1816, James Ewing, of Darby Township, was granted a license to vend merchandise for one year at his house in said township. In January, 1817, the court issued him a license to keep a tavern at the same place. Most of these licenses were renewed again and again, and many whose names appear here kept stores or public houses of entertainment " for man and beast " during the greater part of the carly history of Madison County.

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The history of Madison County, Ohio, Part 33

Author: Brown, Robert C; W.H. Beers & Co., pub Publication date: 1883 Publisher: Chicago, W.H. Beers & co. Number of Pages: 1180

Author: Brown, Robert C; W.H. Beers & Co., pub
Publication date: 1883
Publisher: Chicago, W.H. Beers & co.
Number of Pages: 1180