The history of Madison County, Ohio, Part 34

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 34

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328

HISTORY OF MADISON COUNTY.

As a matter of historical interest to the descendants of the pioneer fathers and mothers of Madison County, we transcribe the following items from the records of the Court of Common Pleas. At the November term, 1811, " on application of the Rev. Forgus Graham, minister in the church of Christ, license is granted him to solemnize marriage agreeable to law." At the October term, 1814, Stephen English, "a regular ordained minister of the Baptist Church " was granted a license to solemnize marriage throughout Ohio. In February, 1815, Richard E. Pearson, "an Elder of the Christian Church regularly ordained," was granted a license to celebrate the bond of marriage all over the State. In 1816, John M. Foster, an Elder of the Christian Church, and Jeremiah Converse, a minister of the Methodist Church, were issued licenses to perform marriages any place in Ohio. Many others got similar authority, but these are the earliest found upon the records, and demonstrates that ministers had to obtain the consent of the State ere they could lawfully perform the marriage ceremony therein.

PIONEER LISTERS.

We find on the Commissioners' docket, a record of the first appraise- ment of property in Madison County, and cull therefrom the following items : "June 11, 1810, ordered that there be allowed to John Simpkins the sum of $6.25 for five days' attendance while listing and appraising houses, making out duplicates and returning the same for Union Township by order of the Board." Joseph Kendle was paid the same sum for a like work in Stokes Township ; David Foster, $5 for four days' listing, etc., in Deer Creek ; James Ewing, $5 for four days' work in Darby ; Thomas Fos- ter, $3.12} for a similar labor in Jefferson, and Samuel Scott $5 for four days' appraising and listing in Pleasant Township. At the same time, Pat- rick MeLene was appointed Lister for resident lands in Madison County, and subsequently paid $27 for eighteen days' services in doing said work.

WOLF SCALPS.

In the early settlement of the Scioto Valley, one of the greatest nuis- ances to the settlers were the large number of wolves infesting the country. These pests, although not specially dangerous, were continually killing the smaller and younger stock of the pioneer, so that it became a necessity to enact laws whereby to rid the settlement of them. At a meeting of the Commissioners held July 31, 1810, it was ordered " that there shall be al- lowed for all wolf scalps killed after the 1st day of March, 1810, within the boundaries of Madison County, that is over six months old, the sum of $2, and for all wolves killed within said boundaries that are under six months old. the sum of $1 for each scalp by order of the Board." The first person to take advantage of this law was Thomas Gwynne, who was paid $2 for an old wolf scalp in July, 1810. In September, Daniel Kent received $2 for an old wolf scalp, while William Atchison was paid $9 for the scalps of nine young wolves. These prices were paid for the purpose of exterminating the scourge until September, 1817, when the law was abolished, yet the people kept up the war by regular hunts until none were left tospread havoc among the peaceful flocks and herds of Madison County.

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HISTORY OF MADISON COUNTY.

TAXATION AND EXPENDITURES.

It will, doubtless, be of interest to the general reader to give a brief summary of the receipts and expenditures of Madison County during the first years of its existence, and as history, at best, is but a dry compilation of facts, we here give a verbatim report of the early taxation of the county as copied from the Commissioners' journal of June 11, 1810: " Ordered, that the rate of taxation be on all horses, mares, mules and asses of three years old and upward, each 30 cents per head ; on all stud horses the same rate per season ; on all neat cattle of three years old and upward, each 10 cents per head, and on all houses one-half per centum, on the appraised value by order of the Board." This rate of taxation was also adopted for the years 1811, 1812 and 1813.

" August 20, 1810, delivered the duplicates of the State tax to John Moore for collection, and the amount of said tax appears as per the duplicates delivered to me by the different listers $359, 47 cents, 3} mills." Under the same date we find the following : " Delivered the duplicates of the county tax to John Moore for collection, and the amounts of said duplicates appear to be $321.20." The State tax of Madison County for 1811 was $402, 59 cents, 4 mills, and the county tax $357.65. In 1812, the State tax was $353.49, and the county tax $535.57. The first settlement was made with the County Treasurer, Thomas Gwynne, June 11, 1811, the journal reading as follows on that date : " This day came to a settlement with the County Treasurer, and received orders to the amount of $534.70, being the amount of the orders redeemed by the Treasurer for the taxes, tavern and store license, fines, etc., for the year 1810." The full expenses for 1810 was $526, 66 cents, 5 mills, and for 1811 $1,179, 74 cents, 4 mills, making the total expenses for the first two years of the county's existence $1,706, 40 cents, 9 mills. The reader can readily discover that the business of Madison County was run on a very economical basis during its early career. The population was small, money scarce, and to use the phrase of an old pioneer, " a dollar looked as big as a cart-wheel." There was no extravagance, because such a thing was impossible, and where there was no money, it could not be spent. This then was the reason why economy prevailed, and not that men were more upright or honest than they are to-day. All honor to those fathers who guided the affairs of Madison County in her infancy, and honor to their sons who have so worthily taken their place, and pre- served their fair fame in their own lives.

COUNTY SEAT AND COUNTY BUILDINGS.

In 1810, the Court of Common Pleas of Franklin County appointed Philip Lewis director to lay out the county seat of Madison County. the site of which had previously been selected by John Pollock and George Jackson, who were paid $14 cach by the Commissioners of this county for their services in making said selection. There is nothing on record to indi- cate the location of this prospective capital of Madison County, but the plat made by Mr. Lewis is recorded and bears date of having been certified to before Thomas Gwynne, a Justice of the Peace of Deer Creek Township, November 13, 1810. Mr. Lewis was allowed by the Commissioners of this county the sum of $20 for his services in laying off the town; while two days were spent by John Arbuckle in selling lots in the new county seat,

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HISTORY OF MADISON COUNTY.

and money was appropriated and bids advertised for toward the erection of a jail. All this is a matter of record, but while the index to the recorded plats of towns reads " Madison, Deer Creek Township, Philip Lewis, Director," some of the old settlers claim that London is built upon the site of the town laid out by Mr. Lewis, which bore the same name as the coun- ty, and that the item recorded is a mistake. We have no opinion to venture upon the subject, as there is nothing upon record to determine its exact lo- cation, and as we have given the main points connected with its history, the reader is at liberty to draw his own conclusions, bearing in mind, however, that the townships of Union and Deer Creek were erected on the same day, and that the territory comprising either was never a part of the other.

During the legislative session of 1810-11, Peter Light, Allen Trimble and Lewis Newsom were appointed by that body to select a location for the county seat of Madison County. Upon hearing of this action, the County Commissioners agreed to postpone the sale of the jail previously advertised, until such time as a permanent selection should be made by the Commission- ers appointed by the Legislature. After examining different localities, their final choice fell upon the land of John Murfin, in Union Township. They came to this decision April 9, 1811, and August 19 their report was pre- sented to the Court of Common Pleas of Madison County, which appointed Patrick McLene director to lay off a town upon this land and name it Lon- don. This was accordingly done, two inlots, Nos. 9 and 10, " on the corner of Main and Main Cross streets," being reserved for the court house and jail. The name of the latter street has since been changed to High. The plat was recorded September 13, 1811, and the lots sold by Patrick McLene, or under his direction. After this occurred, not another word appears on record about the town of Madison, outside of bills presented to the Com- missioners and paid by thein, for selecting and laying off said town, as well as for viewing and marking roads leading thereto. For further particulars of this event we refer the reader to the history of London, where will be found a complete record of the transactions connected with the selection and platting of the county seat.

COURT HOUSE AND JAIL.

Soon after the county seat was laid out, the ercction of county buildings became a necessity, and we find that Curtis Ballard was paid the sum of $2 " for crying the sale of the court house and jail in the town of London." Uriah Humble obtained the contract for erecting the court house and Elias Langham the jail. The former was a two-storied hewed log building, the first story being used for a court-room, while the second was divided into two apartments for jury-rooms. It stood on Lot No. 40, the site of the Farmers' Hotel, immediately west of the present court house, cost $170, and was received by the Commissioners March 5, 1813, who " considered it finished according to contract." There can be no doubt that the building was occupied prior to this time, as on the journal under date of December 2, 1811, we read, " William Sutton was paid $9.25 for making benches and table for the court," and " Jonathan Minshall was allowed $1 for hauling the benches and table to the court house." We find upon record in the Clerk's office the following item which makes it probable that this building was used as early as November of that year : "The November term of the Court of

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HISTORY OF MADISON COUNTY.

Common Pleas, held in London, the newly laid out county seat, was opened November 18, 1811." It is not known that the county officials had any regular offices outside of their own homes, and we have heard A. A. Hume remark that "most of them had their offices in their hats," so it is evident that little business was done, and the early official had not much use for an office.

The jail was built of logs lewed on four sides, and was also two stories high. The lower story had a double wall of logs, and was without door or windows. The upper story was reached by an outside stairway, and was used as a debtor's prison ; while access to the lower story was obtained through an iron trap door in the floor of the debtor's room, connected by a movable ladder with the ground floor. This lower room was occupied by those who had committed criminal offenses or the more serious breaches of the law. It stood across the alley from the court house, on the west side of the present building, and cost $270, the last payment of $10 being made to Mr. Langham June 7, 1814.

In 1814 and 1815, considerable repairing was done to the court house and jail. We find that in July, 1814, Joseph Russell was paid $40 for re- pairing the court house, and in March, 1815, William Turner was allowed $50 for building a chimney to the same. Throughout the latter year $284,- 621 was expended in repairs on these buildings, besides the above amounts. One item of $17 was paid Joseph Warner " for chinking and daubing the court house." Truly this house of justice was a modest one, and in keep- ing with pioneer times, yet the law was, doubtless, expounded as logically, and even-handed justice meted out with as much dignity as it is to-day, in the beautiful temples of law which adorn nearly every county seat from the Ohio to the Lake.

SECOND COURT HOUSE AND JAIL.

As the population and wealth of the county increased, it soon became evident that the old county buildings were not in harmony with the general progress of the county, and that new and more modern ones were necessary. So in 1816, the Commissioners entered into a contract with Nathan and Benjamin Bond, toward erecting a new court house. The work was pushed as rapidly as circumstances would allow, and soon a two-storied brick build- ing stood on the site of the present one. It was, in shape, nearly square, and faced both streets. Philip Lewis was appointed by the county as Superintendent of construction, and the cost of the building was $7,370.00, while the interest on the balance due, the painting, fencing and other extras, ran the cost up to $7.782.09, the last payment being made in 1826.

In 1829, a brick jail was erected on the southwest corner of the court house lot facing High street, and cornering upon the alley. It was a two- storied building, containing four rooms, two in each story, and cost $832. The contractors were J. Warner and James Rankin. The Jailer lived in the two front rooms, the two others being used as cells. The jail was not fully completed until 1830, when it was ready for the reception of prisoners.

The offices of the Treasurer and Recorder were in a one story brick, between the court house and jail, on High street, while those of the Auditor and Clerk were in a similar building north of the court house. on Main street. The Sheriff's office was in a small frame structure, which stood between the court house and the offices of the Clerk and Auditor. These

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HISTORY OF MADISON COUNTY.

buildings were erected by Amos G. Thompson, at a cost of $294.50, Nathan Bond being paid $34 for extra work on the same. They were all small, cheap structures, but answered admirably the purposes and times for which they were built.

In November, 1830, Robert Hume bought a bell for the court house, at a cost of $105.60. The ironing and hanging cost $31.75, and was done by Robert Hume, William Jones and Nathan Bond. This is the same bell now in use in the belfry of the present court house, having performed its mission for more than half a century.

THE PRESENT BUILDING.

On the 9th of June, 1853, the Commissioners, Henry Alder, John Garrard and John T. Maxey, opened the bids received by them towards erecting a new court house, the old one having previously been condemned by the Grand Jury. Bids were received from Messrs. Gould, Biddle, Hills, Turnbull, Carey, Scott & Reese, Strain and Simpson. On the 10th, after a due examination of the several bids, the contract was awarded to A. E. Turnbull. On the 2d of August, the contract was completed and closed, in which the contractor agreed "to build said court house, as per contract and specifications on file, for the sum of $26,975, and to have the same com- pleted in good style by the first day of July, 1855." It was ordered to be erected with the front facing Main street, and placed in the middle of the lots originally set aside for court house and jail, with the steps commencing at a distance of six feet from the southwest line of Main street, and north- east line of the lots.

The old buildings were ordered to be sold on June 24, 1853, and on that date E. W. Turner, auctioneer, sold the court house to William Gould, John Warner and J. F. Freeman, for $77. The county offices and jail not . bringing prices sufficiently large were withdrawn from the sale. On Novem- ber 2, they were again put up for sale, William Turner being the auctioneer. The Treasurer's and Recorder's offices were sold to Joseph Chrisman for $37; the Auditor's and Clerk's offices to David Haskell for $34 ; the jail to James M. Thompson for $50; the inside pavement to Nathan Bond, for $6.50 ; the old hook and ladder shed which stood in the rear of the jail, to Joseph Warner, for $2; the fence around the lot to J. C. Kemp, for $3; while the Sheriff's office which was not sold until December 5, brought, includ- ing the stove, $35, and was purchased by William Jones.

The county officials were compelled to find offices elsewhere, and No- vember 2, John Rouse, the Auditor, was authorized by the Commissioners to rent of George Phifer the two southwest rooms on the second floor of his new brick building, for the use of the Auditor and Treasurer, which was accordingly done, at a rent of $45 per annum. This is the same building in which Wolf's clothing store is now located. The clerk made his office in his house ; the Recorder, in a small log building which had been weather- boarded and which yet stands on the south side of High street, between Main and Union, while the Sheriff did without an office until the new building was completed.

On the 8th of March, 1854, a petition was presented to the Commis- sioners praying that the plans of the court house be so changed as to have two main fronts, one on each street, which prayer was granted ; and at a

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HISTORY OF MADISON COUNTY.

meeting held March 23, they decided to change all former plans as to posi- tion, front, etc., and to alter the same so far as to make the size 68x68, with two fronts, one on each street, in harmony with said petition. It was to contain six fire-proof rooms attached to the various offices, in which the records were to be preserved. In January, 1856, the building was ready for occupancy and on the first day of that month the Auditor and Recorder moved into their new offices, the balance of the officials soon following their example. The fence around the lot, together with the out- buildings were the next necessary improvements, but much opposition had been developed toward the expenditures already undergone, and some of the Commissioners had resigned in consequence. Many of the people were, therefore, opposed to putting up an iron fence around the building, looking upon the scheine as an act of extravagance. Prominent in this class was Harvey Fellows, one of the Board of Commissioners, at the time, while the other two, Edward Fitzgerald and David Haskell were in favor of the iron fence. The Recorder, William Love, was something of a wag, and getting up the following fictitious bid sent it through the post office addressed to the Board of Commissioners.

March 1, 1856.

I propose to build the fence around the Court House at the following rates, furnish good white-oak rails at $3 a hundred, and put them up ten rails high with stakes and riders, two pair of bars at $1, and paint them red for fifty cents extra. S JOHN BETTS. Signed H. P. KITS.

Reference 3 MHIKE BERRY.

It is needless to say that this amusing proposition demoralized the opposition and the contract was awarded to John F. Dodds & Co., of Day- ton, Ohio, to build an iron fence around the court house and erect necessary outbuildings, at a cost of $4,903, which was carried into effect and the entire work done in a satisfactory manner. The court house, fence and outbuild- ings made a total cost of $31,878. In March, 1857, the shade trees on each front were planted under the supervision of A. A. Hume, and add much to the appearance of the structure.

The building, as it stands to-day, presents a very creditable outward ap- pearance which the interior does not justify. It is three stories in height and surmounted by a cupola, the second story being reached by a flight of stone steps from both Main and High streets. The Auditor's office is in the first story facing Main and High; the Treasurer's office is in the northeast cor- ner of the building on the first story, and faces Main ; the Recorder's office is in the southwest corner of the building, also on the first story, and faces High ; the Clerk's office is immediately above the Recorder's, in the second story; the Probate Judge's office is in the same story, directly over the Treasurer's, while the Sheriff has an office cut off from the large center hall, but it is only temporary. to give him more room in his living apartments, a portion of which originally formed his office. At the summit of the steps leading to the second story, are two large stone pillars gracing each flight, and supporting the roof above the alcove formed at the head of each. In the third story is the court and jury rooms, while on the first story, in the north- west corner of the building is the jail and Jailor's residence. None of the offices in this building are what they should be in this progressive age. They are small, unhealthy and wholly inadequate to the amount of business now transacted in them.

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HISTORY OF MADISON COUNTY.

PRISON BOUNDS.

When the Colonies proclaimed their independence and shook off the grasp of tyranny, a relic of English barbarism, known as imprisonment for debt, was engrafted into the laws of the young republic. This law was an outrage upon honest poverty and was the cause of untold misery. The pris- oner confined for debt, upon giving good security to his creditors, was allowed a certain defined limit outside of the jail in which to exercise his manhood, and this limit was known as the "prison bounds," but by crossing this line he forfeited his security, and, therefore, his liberty. In 1799, a law was passed in the Northwest Territory, making 200 yards, in any direc- tion from the jail, the prison bounds. In 1800, this was increased to 440 yards, and reduced to 400 in 1805. In 1821, the corporation line became the boundary, and in 1833, it was extended so as to embrace the whole county. Thus it remained until the adoption of the new constitution, when this relic of a feudal nation was erased from the statutes of Ohio.

From the proceedings of the Court of Common Pleas, held by the Asso- ciate Judges February, 1815, we have culled the following item : " Ordered that the prison bounds of the county of Madison shall be and that they are hereby established by and with the outlines of the town plat of London, in the county aforesaid, including the outlots, unless the said plan of said town should be too large for prison bounds as are directed by law ; in that case, the said prison bounds shall be laid off to the limits of the law, making the jail of said county the center thereof, and ordered that Patrick McLene, Esq., County Surveyor of said county of Madison, be, by the Clerk, notified to run, lay off and mark sufficiently said prison bounds, by blazing, putting up posts, etc., so as to make the said bounds plain and easy to be found and discovered, and that the said surveyor make return thereof to the next term of this court." In compliance with this order, the prison bounds were estab- lished by Patrick McLene June 19, 1815, and ran as follows: "Beginning at the south corner of Outlot No. 11, which is the graveyard, running thence west until the line strikes Glade Run, above William Pinkard's tanyard ; thence down said run, with the meanders thereof, until it intersects with Oak Run ; thence down Oak Run, with the meanders thereof, to the south cor- ner of Lot No. 18; thence S. 57º E., 53 poles, to the north corner of Out- lot No. 1; thence N. 56° E., 46 poles, to Main street, including George Thompson's pottery shop ; thence N. 36° E., 50 poles, to the west corner of Outlot No. 6 ; thence N. 45° W., with the range of Outlots No. 7, S. 9 and 10, 92 poles to the beginning." These bounds were enlarged, in 1821. to the corporation limits, and in 1833 to the boundaries of Madison County, which was in harmony with the laws enacted in those years. With the progress of civilization, all such laws as imprisonment for debt become obnoxious to the spirit of enlightenment and humanity which civilization engenders, and are therefore annulled as they ought to be.

COUNTY INFIRMARY.

Throughout the pioneer days of Madison County, cach township sup- ported its own poor, but finally the duty devolved upon the county, and private individuals were engaged to support indigent persons, or paid for doing so. In September, 1857, the County Commissioners appropriated $15,000 toward purchasing land and erecting suitable buildings for a County

JAMES LILLY. [DECEASED]

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HISTORY OF MADISON COUNTY.

Infirmary, provided, however, that the county vote in favor of said appropri- ation at the following October election. Whether or not the Commissioners' action was ratified, we are unable to say, but nothing was done toward establishing the Infirmary for more than six years subsequent to that event. On the 9th of June, 1864, the Commissioners purchased 110 acres of land from Jesse Watson and James Q. Minshall, paying for the same $95 per acre. It was located immediately south of London, and a portion of it is now inside the corporate limits. Fruit trees were planted, fences built and the property somewhat improved, but no buildings were erected, nor was it ever occupied for infirmary purposes, and was finally sold.

The present farm was purchased June 6, 1866, from James Rankin, Jr., and originally contained 68} acres of land, for which they paid $75 per acre. Additions have since been made and they now have a farm of 105 acres. The Commissioners met July 2, 1866, and appointed three directors, viz .: J. W. Carr, William Cryder and Richard Baskerville, and they in turn, subsequently, appointed G. W. Darety as Superintendent of the Infirm- ary. He took possession of the frame house standing on the farm, when purchased, July 17, 1866, and July 31, the first inmates were admitted. On the 3d of August, 1466, bids were advertised for the erection of a " lunatic building," and September 3, the contract was awarded to Ginn & Henry, of Cedarville, to be completed November 5, at a cost of $4,999. On the 6th of November, the contract for erecting a new Infirmary building was given to the same firm, at a cost of $18.000. After the erection of this building, it was found very imperfect, and prior to its completion it was dis- covered that the contractors were not doing the work according to contract. It was found absolutely unsafe, and August 31, 1868, was condemned by Anderson & Hannaford, architects, of Cincinnati, whom the Commissioners called upon to examine the structure. The board then took the matter in hand, remodeled and strengthened the building wherever necessary, and car- ried the whole to completion. Mr. Darety continued as Superintendent, and moved into the new building January 11, 1872. In August, 1873, Isaac Curl succeeded Mr. Darety, and served until April 1, 1875, when William M. Jackson became Superintendent, and he, in turn, was succeeded by J. Smith Davidson, April 1, 1877, who has since occupied the position.

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The history of Madison County, Ohio, Part 34

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