HISTORY OF MARION COUNTY. - 293

CHAPTER V.

ORGANIC.

IT is interesting to trace the line of descent of the county of Marion. By careful research it is ascertained that the territory now included within its boundary lines formed portions of a number of different counties before it was finally set off as Marion. The first two counties organized in the Northwest Territory were in that portion now forming the State of Ohio. Washington County, erected by proclamation of Gov. Arthur St. Clair, July 27, 1788, included all that portion east of a line passing from the mouth of the Cuyahoga River, up that stream to the portage between it and the Tuscarawas branch of the Muskingum: thence across the portage and down the Tuscarawas to the site of old Fort Laurens, at the north boundary of what is now Tuscarawas County; thence west on a line identical with the subsequent Greenville treaty line to the Scioto River, and down that stream to the Ohio. It is thus seen that the county of Washington as originally formed included about half of the present State of Ohio. Hamilton County was next organized by the same authority, and included the region between the Miamis as far north as a line drawn due east from the Standing Stone Fork of the Great Miami to the Little Miami; this was January 2, 1790. There is nothing to show that its limits were ever extended to the eastward, yet in the description of Wayne County, as formed by proclamation of Gov, St. Clair, August 15, 1796, it. would seem that Hamilton had been extended to the Scioto; if so, it included what is now Marion County, and from that date (1790) should begin the existence of an organized county of which Marion formed a part. Wayne County, organized at the date above given, undoubtedly included Marion, as the description will show: Beginning at the mouth of Cuyahoga River upon Lake Erie, and with the said river to the portage between it and the Tuscarawas branch of the Muskingum; thence down the said branch to the forks at the crossing place above Fort Laurens; thence by a west line to the east boundary of Hamilton County, which is a due north line from the lower Shawnee (Shawanese) Town upon the Scioto River. This town was a short distance below what is now Circleville, Pickaway Co., Ohio. A due north line from that point would pass through the eastern part of Marion County. Thence it ran west-northerly to the south part of the portage between the Miamis of Ohio and the St. Mary's Rivers; thence by a line also west-northerly to the southwestern part of the portage between the Wabash and Miamis of Lake Erie, where Fort Wayne now stands; thence by a line west-northerly to the south part of Lake Michigan; thence along the western shores of the same to the northwest part thereof, including lands upon the streams emptying into said lake; thence by a due north line to the territorial boundary in Lake Superior, and with the said boundary through Lakes Huron, St. Clair and Erie, to the mouth of the Cuyahoga River, the place of beginning. This was the most extensive county formed in the Northwest Territory. After the treaty of Greenville, the limits of Hamilton County were extended westward to the boundary line designated

294 - HISTORY OF MARION COUNTY.

by that treaty, which extended from Fort Recovery, in what is now Mercer County, Ohio, directly to the Ohio River, at a point opposite the mouth of the Kentucky River. The seat of justice for Washington County was at Marietta; for Hamilton County at Cincinnati; and for Wayne County at Detroit, and these conditions remain unchanged to the present, except in the extent of territory in each county.

March 30 1803, Franklin County was formed as follows, including Marion: "Beginning on the western boundary of the twentieth range of townships east of the Scioto River at the corner of sections numbered 24 and 25 in the ninth township of the twenty-first range surveyed by John Matthews; thence west until it intersects the eastern boundary line of Greene County; thence north with said line until it intersects the State line; thence eastwardly with the said line to the northwest corner of Fairfield County: thence with the western boundary line of Fairfield to the place of beginning." The county of Fairfield at that time extended north to the State line. February 20, 1805, the western boundary line was probably touched by the following description of Champaign County: "Beginning where the range line between the eighth and ninth ranges, between the Great and Little Miami, intersects the eastern boundary of the county of Montgomery; thence east to the eastern boundary of the county of Greene, and to continue six miles in the county of Franklin; thence north to the State line; thence west with said line until it intersects the said eastern boundary of the county of Montgomery; thence to the place of beginning."

Delaware County was formed February 10, 1808, and embraced the whole of Marion. It was bounded thus: "Beginning at the southeast corner of Township No. 3, in the 16th range of the United States military district; thence west with the line between the second and third tier of townships, to the Scioto River, and continued west to the east boundary of Champaign County: thence with the said boundary north to the Indian boundary line thence eastwardly with said line to the point where the north and south line between the 15th and 16th ranges of the said United States military district intersects the same; thence south with the said last mentioned line to the place of beginning." By an act of February 17, 1809, all that part of Franklin County lying north of Delaware was attached to the latter.

MARION COUNTY.

Marion County at first contained, in addition to its present territory, the townships of Cardington, Gilead, Canaan, Morven and Washington, in what is now Morrow County, and two miles more along the north side; but it did not extend south of the Greenville treaty line. The territory out of which this county was at first carved had been purchased from the Indians in 1820. In 1822, Eber Baker laid out his town plat, naming it "Marion," after the celebrated Revolutionary General, Francis Marion. Soon afterward the prospective county in which it was located was also called "Marion," and the Legislature of 1822-23 " set off" the county under that name, appointing three Associate Judges, whose duty it should be to appoint the first officers. They appointed George H. Busby, Clerk, temporarily; but the next fall, 1823, each Judge having a candidate of his own for the office, they submitted the question to a vote of the people. The people recommended Mr. Busby, and he was accordingly appointed Clerk and Reorder for seven years.

HISTORY OF MARION COUNTY. - 295

FIRST COUNTY OFFICERS AND THEIR WORK.

The first Commissioners elected in this county were Matthew Merritt, Amos C. Wilson and Enoch B. Merriman, and they held their first session June 7, 1824, the Auditor being Col. Hezekiah Gorton. The principal business of this session, as well as of most of their meetings for many years afterward, was the location and improvement of roads.

On the first day, Grand and Salt Rock Townships were organized and named. Green Camp was first mentioned by name on the Commissioners' record June 8, 1824, and on this day also Morven Township, now in Morrow County, was named, and Pleasant and Richland Townships were organized. June 9, the Commissioners decided that the rate of tax levies should be to the full extent of the law. This day also Reuben Smith was appointed Treasurer, and his fees were fixed at 3 per cent. The Commissioners also divided the county into four collection districts, as follows: 1, Green Camp, Pleasant, Richland and Morven Townships, Henry Peters, Collector; 2, Scott, Washington, Claridon and Canaan, James Lambert, Collector; 3, Big Island, Salt Rock, Centre (now Marion) and Grand Prairie, Benjamin Hillman, Collector; 4, Bucyrus, Sandusky and Whetstone (then attached to Marion County for certain purposes), Charles Merriman, Collector. These collectors were allowed 8 per cent for collecting.

For some reason not given, the Commissioners adjourned at the conclusion of their first day's labors, to meet the next morning "at sunrise."

This session also ordered a jail to be built-the first in the county.

They had a special session July 5, 1824 (present, Merritt and Wilson), when they ordered built the brick "schoolhouse" on West street, to be used also as a court house and meeting house. They ordered $30 from the county treasury to be applied on it, while the citizens were expected to defray the rest of the expense by subscription. They appointed Eber Baker, Dr. George Miller and Adam Uncapher a committee to superintend its erection. At this session, Benjamin Hillman was appointed Collector of land tax.

The Commissioners, John Page, Amos Wilson and Enoch B. Merriman, met again Monday, December 6, 1824, and appointed Benjamin Davis Keeper of the County Weights and Measures; ordered surveys of roads, etc., and cast lots next day for length of term for each Commissioner, resulting in giving Page three years, Wilson two and Merriman one.

At the next session, March 7, 1825 (Page, Wilson and Zachariah Welch), Big Island and Liberty Townships were organized-the latter now in Crawford County.

At the session June 6 to 8, 1825, Pitt Township, now in Wyandot County, was organized. The first settlement was made with the County Treasurer finding everything right. A bounty of $1 per head was offered for all wolves killed within the next six months. William Crawford was appointed Collector of Chattel and State taxes, and Adam Uncapher Treasurer. The Board of Equalization first met October 15, 1825, consisting of John Page, Zachariah Welch, Amos Wilson, Andr. w Kinnear and Hezekiah Gorton.

At the session commencing December 6, 1825, the Commissioners were John Page, Amos Wilson and Zalmon Rouse. The Auditor was ordered to apply to the court for the public papers and donations belonging to Marion County. Some time during this year, they fixed the salary of the Prosecuting Attorney at $40 for the year, and that of the Clerk and Sheriff each at $35.

296 - HISTORY OF MARION COUNTY.

January 25, 1826, a house for the jailer was ordered to be built, of hewed logs, 22x14, and two stories high, according to a plan on record. The eontract for building was taken by Adam Uncapher, for the sum of $168.

At the June session in 1826-John Pane, Amos Wilson and Hugh V. Smith, Commissioners - William Crawford was appointed Tax Collector, and a settlement was made with the Treasurer, and accounts found correct.

The first duplicate of the county will illustrate the wonderful changes that have taken place in fifty years. Even as late as 1827, the total tax levies were but $2,703.80. James Taylor was the heaviest tax-payer, paying upon more than 10,000 acres of land. His tax was $155.84, a truly enormous amount in those days. The town lots now occupied by the Masonic Block, Kerr House and prominent business houses of Marion were valued at from $5 to $15, exclusive of buildings. The valuation of real and personal property in the corporation at present is $2,178,917, which is very low, there being nearly three times that amount here.

In 1829, two tiers of sections were stricken from the east side of Tully Township and attached to Washington Township, then in Marion County.

The townships in 1841 were seventeen in number, namely: Marion, Grand, Washington, Gilead, Canaan, Richland, Green Camp, Pleasant, Tully, Big Island, Grand Prairie, Bowling Green, Morven, Claridon, Montgomery, Scott and Salt Rock.

February 3, 1845, the General Assembly erected Wyandot County and altered the boundaries of Crawford County. The act took off a strip from the north side of Marion County two miles wide, three miles wide off Grand Township, and attached it to the counties north to preserve their constitutional area. Thus the northern tier of townships are only four miles in extent north and south-Grand Township only three miles. March 3, following, these fragmentary townships were ordered reorganized under their old names.

In 1848, Morrow County on the east was formed by act of the Legislature, and Washington, Cannan and Morven Townships were taken from Marion County, and to maintain the dignity of the latter, Prospect and Waldo Townships-that portion south of the treaty line-were added from Delaware County.

Changes in the dimensions of the townships, not affecting the boundary line of the county, are omitted here, as they are given in the respective township histories in this volume.

DISTRICTS.

Marion County is in the Ninth Congressional District, with Knox, Morrow, Delaware, Union and Hardin Counties; in the Thirteenth Senatorial District, with Hardin, Logan and Union Counties; and in Subdivision No. 2 of the Tenth Judicial District, with Crawford and Wyandot Counties.

THE COUNTY SEAT.

The county of Marion, though named and defined by boundaries as early as 1822-23, was not organized until March 1, 1824. There was a sharp conflict for the county seat between Marion (the owners of the site, the owners of land two miles north, where Isaac B. Mouser has since resided, Big Island, Claridon and a paper town called Bellevuron, five miles east of Marion, where the Mount Vernon road crossed the Columbus & Sandusky Turnpike. Byron Kilbourn, non-resident, was the proprietor. Only a log cabin was there. The Commissioners appointed by the State to make

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PAGE 298 - PICTURE OF MARION COUNTY COURT.

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a selection were feasted and favored by the citizens in the respective localities. All the sites were examined, and the award was given in favor of Eber Baker, probably on account of the ease with which water could be obtained on his land. This decision has resulted in giving Marion its present advantage over all competing points. The land two miles north of Marion and Bellevuron are now good farms; Big Island has never grown beyond its initial point; Claridon remains as the original nucleus, while the railroad has brought up other towns in the county to considerable importance, but all to pay tribute to Marion. Even the capitals of neighboring counties are falling behind in respect to railroad facilities, which at the presort day constitute an important element of prosperity.

THE FIRST COURT HOUSE.

The Commissioners' first sessions were somewhat itinerant, being held sometimes at one store, and sometimes another, or at the old brick schoolhouse on West street. But in June, 18'28, the Commissioners took steps to provide for themselves and the other county officers a suitable and permanent place for meeting and holding their offices. To this end the following order was made by them and entered upon their journal of June 6, 1828: "Ordered there be built a building on the lot in the town of Marion which lies between the lots where Adam Uncapher and Daniel Musser now reside, for the use and benefit of the county; and that said building be built of brick, twenty-feet in front and sixteen in the rear, with a partition through the center and afire-place at each end, two doors in front, two windows in front and two in the rear, with twenty lights each."

This building was completed during that year; and was occupied by the county officers until the brick court house was erected. It was located on the lot where the store building formerly owned by Martin Miller now stands, just north of the Kerr House, and was not removed until a dozen or fifteen years ago.

In the meantime the courts were held in the old brick schoolhouse on North West street, where it still stands, the property- of John O'Ragan.

The lot upon which the court house was built was deeded to the county as follows:

Eber Baker, Deed to Marion County: Know all men by these presents: That we, Eber Baker and Lydia Baker, of the county of Marion and State of Ohio, for and in consideration of one hundred dollars, to us in hand paid by John Page, Henry Ustick and Washington W. Concklin, Commissioners of the county aforesaid, the receipt whereof we do hereby acknowledge, have released and quit-claimed, and by these presents do release and quit-claim unto the said John Page, Henry Ustick and Washington W. Concklin, Commissioners aforesaid, and their successors in office, to and for the proper use and behoof of the citizens of the county of Marion aforesaid, forever, all our right, title, claim, interest and estate which we now have, both at law and in equity, as well in possession as in expectancy of, in and to all that certain lot of land situated in the town of Marion, as designated on the town plat of said town of Marion, as recorded in the Recorder's office of said county as public grounds, with all the appurtenances thereunto belonging.

In witness whereof we have herewith set our hands and seals this 6th day of June, 1829.

EBER BAKER. (L. S).

LYDIA, BAKER. [L. S.]

Signed, sealed and delivered in the presence of

GEORGE HOLLOWAY,

JAMES H. GODMAN.

June 9, 1831, while John Page, Henry Ustick and John C. Bates were Commissioners, the initiatory steps toward building the court house on the above mentioned lot were taken. On their journal of that date is the following entry:

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"Ordered that the building of a court house on the public grounds in the town of Marion be sold to the lowest bidder on Thursday, the 21st day of July next; and that notice of the same be given for three weeks in the Ohio State Journal and the Ohio Monitor, papers printed in the town of Columbus, and the Cleveland Herald, printed at Cleveland."

July 21, 1831, the contract for the building of the court house was let to Solomon Zeller, for the sum of $5,779, which appears from an entry on the journal of that date. The building was to be completed by September 3, 1833. Mr. Zeller was to be paid as follows: $1,000 in hand, $500 by the first Monday in December, 1831; $1,000 by the first Monday of June, 1832; $1,000 as soon as the walls of said court house were finished ready for the roof and the remainder of said sum, $2,279, as soon as the whole work was completed.

Before any of the above steps were taken, the Legislature had, on January 7, 1831, passed an act authorizing the Commissioners of Marion County to borrow money, in any sum not exceeding $6,000. on such terms as they should deem advisable, for the purpose of erecting a court house. Accordingly, at a special meeting of the Commissioners, August 4, 1831, soon after the contract had been let, Sanford S. Bennett and Elisha Hardy, who were then engaged in mercantile business here, tinder the firm name of Bennett & Hardy, were duly authorized by the Commissioners to negotiate the loan on behalf of the county at any rate of interest not exceeding 6 per cent. By the 7th of October following, these gentlemen had secured the money of John Ferguson, of New York, and on that day the Commissioners executed six bonds of $1,000 each, pledging the faith of the county for their payment at any time after ten years from that date and within twenty years, with interest at 6 per cent, payable semi-annually. The work went forward add the structure was completed with but little change from the original plans. September 3, 1833, found the building finished, except the hanging of the window shutters, completing the cupola and placing the lightning rods. The house was accepted and the contractor paid off according to agreement. The county was so young at that. time that the task of building the court house at $5,779 was as great a burden to the taxpayers as one costing $228,000 would be now.

The second court house was built of brick, was 36x56 feet in dimensions, besides a large portico in front; was two stories high, and, according to the usual plan, had the court room and the principal offices below. It was a good building for its day, but long before it was abandoned the people had outgrown it. It was indeed not only too small, but was considerably out of repair in 1882, when it was condemned, and the next year torn away to give place to a new edifice soon to be erected. The court house yard was at first surrounded with eight-cornerod posts, about ton inches in diameter and eight foot apart, sunk in the ground twenty inches and being above ground four feet, with a two-inch hole one foot from the top, through which was run a chain about the size of a trace chain. "Whirligig" gates (turn-stiles) were at each corner except the northeast. This fence was after some years supplanted with a nice wooden panel fence on a stone foundation, and this in turn by an iron fence.

February 3, 1883, closed the last term of court held in the old court house, which had served almost half a century. Its walls had many a time echoed the voice of Thurman, Pendleton, Ward, Sherman, Lawrence, and many other eminent men, speakers of all classes, as well as lawyers. As the old residents passed through those abandoned chambers before they

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were torn down, what feelings must have arisen in their bosoms, clinging to the memories of a by-gone age! What associations must have lingered in their minds with an indescribable charm, swarming around a multitude of scenes and experiences!

THE PROPOSED COURT HOUSE.

For several years past a new building has been needed for the safer and more convenient keeping of the records and for more room in which to hold court, as well as various other meetings and the respective offices. Accordingly, during the year 1882, a movement was set on foot toward the erection of the desired structure upon the old site.

The commission for selecting a plan for the new court house consisted of the County Commissoners, Samuel Mahaffey, C. H. Cromer and George Retterer, with Judge J. N. Matthews, of the Probate Court, Clerk John H. Thomas, Sheriff John V. Harrison and Amos H. Kling, appointee of the Common Pleas Court. These men had the power of appointing the architect. They visited court houses in other parts of the State and Indiana, and thoroughly posted themselves on plans. Considering both design and cost, they decided that the court house at Napoleon-Gibbs and Stine, of Toledo, architects more nearly approximated the needs of Marion County than any other. Those architects were accordingly selected for this work.

The plan adopted contemplates a fire-proof structure of buff sandstone, 90x110 feet, three stories, including basement, which shows above ground, with the cornice standing well above the Kerr House and a belfry, towering to the height of 140 feet above the pavement. Commodious offices, a superb court room and all the modern appendages of heat. light and ventilation are comprehended in the plan. The cost of the building is to be $100,000, and the tax to raise that amount will not exceed 1 mill on the dollar for the next decade.

Bids for the contract were advertised for, and in March the contract for building was let to Leffler & Bland, of Marion, who immediately commenced work by removing the old court house. About when they had accomplished this they were obliged to suspend operations, on account of the claims of one E. W. Mitchell, of Jackson, Ohio, who was a lower bidder, but whose bid was rejected by the County Commissioners for what the considered good cause. Mitchell appealed to the Supreme Court and war; awarded the contract, but up to date, September 1, 1883, has done no work.

THE JAIL.

A jail became a necessity in spite of the good character of the first inhabitants of the village and county, and Eber Baker was once more called upon for aid. He built the jail on the same lot now used for that purpose. The following is the entry in the Commissioner's journal, to wit:

THURSDAY, June 10, 1824.

Resolved, That there be erected on Lot No. 10, in the town of Marion, Marion Co., Ohio, a log jail, after the following plan, to wit : The logs 16x14 feet. Two stories high, seven feet between floors, of square timber laid close together. The walls in the lower story sixteen inches thick, in the upper story twelve inches thick; two windows in the lower story opposite each other, one foot high, two feet wide, with strong iron grates set perpendicular in the center of the logs not more than three inches from each other; two windows in the upper story eighteen inches square; with iron grates set in the same manner as in the lower story. The sills halved together and sunk six inches in the ground. The lower floor laid with hewed timber a foot thick, with shoulders in the sills two inches. The middle floor laid with hewed timber a foot thick in a rabbet of five inches; the third floor laid as the first. The wall

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plates and girders framed together on the upper floor. The roof put on with rafters and lap shingles, the gable ends studded and Weather boarded, One door in each story made double of oak plank one and a h4a lf inch thick, lined with sheet-iron in the middle two feet in width sufficiently ironend spiked, with a good substantial lock on each, the lower door barred also with a strong bar of iron, and a padlock. The cracks pointed with Nine and sand, the corners handsomely cut clown, a pair of Millers' stairs on the outside to the upper door, the whole to be finished and completed in a handsome, workmanlike manner.

This building cost the county nothing. Eber Baker built it at his own expense, and presented it to the county. In 1842, it was torn away and a new stone jail was built upon the same site, two stories high, and was considered a good prison for a long time, but it finally began to prove insecure, for prisoners got to picking their way through the solid (?) wall underneath the windows and escaping.

The present beautiful jail building and Sheriff's residence was erected in 1878 at a cost of about $28,000. It contains sixteen cells in two tiers, besides two for females, over the kitchen. The whole structure is two stories high, besides basement and garret, and is architecturally well proportioned.

INFIRMARY.

The paupers of the county were taken care of by the respective townships until about 1850-55, when an infirmary was established a mile and a half north of Marion. It comprised a plat of ground and several log structures, which were made to serve until about 1869, when the latter were burned down. Whereupon the County Commissioners got to work to have an institution more worthy of the times, purchasing 130 acres of ground on the Mount Vernon road, two and a half miles from the center of the town of Marion. Since that time eight acres more have been added. On this ground a spacious brick house has been erected, two stories high besides attic, and in dimensions not far from 80x150 feet. Besides, there is a frame house about 35x35, and a pest house for small-pox cases.

For the last eight or nine years, this institution has been very nearly self-supporting, and will be more nearly so hereafter. Only about $3,000 a year has been appropriated for deficiency. The old place north of town was sold February 6, 1871, to W. D. Whipps, for $9,120.

The following have been Directors of the Infirmary since 1856, each being elected at the date given below to serve three years:

George A. Uncapber, 1857; Henry Hain, 1859; Joseph Court, 1860; Michael A. Metz 1867; James L. Bell, 1868; John B. Andrew, 1869; David Kerr, 1870; George Retterer, 1871 Jonathan Bell, 1872; George Retterer, 1873; H. Dickhaut, 1874; Jonathan Bell, 1875; George Retterer. 1876; John O'Ragan, 1877; Joseph Mason, 1878; J. P. Uncapher, 1879; John O'Ragan, 1880: Joseph Mason 1881; and J. P. Uncapher, 1882. The last three mentioned are the present incumbents.

WALL MAPS.

A large wall map, six feet by eight, of Hardin and Marion Counties, Ohio, was drawn up and published in 1869. at $10 per copy, by C. O. Titus, of Philadelphia. It is drawn on a scale of one and one-fourth inches to the mile. The map of Marion County proper occupies about two feet square, and that of Hardin about the same, while the remaining space is filled with town plats, business directories and miscellaneous information. A small map of Marion County was published as early as 1852, at $1.

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COUNTY ATLAS.

In 1878, Messrs. Harrison, Sutton & Hare, of Philadelphia, compiled and published a valuable atlas of Marion County of 128 pages, 13x16 inches, giving a map of the county, of each township, village and the city of Marion, of the State of Ohio, railroad map of the United States, lithographic views of residences and farms, census, the military roll of honor, and much historical matter. The price of the atlas was $10.

POST OFFICES IN MARION COUNTY.

Agosta, old name New Bloomington.

Caledonia, once called Van Buskirk; this is also the post office for Claridon.

Cochranton, name of the post office at Scott Town, ten miles northwest of Marion.

De Cliff, ten miles west of Marion.

Green Camp, old name Berwick.

Gurley, at Gurley Station, seven miles west of Marion.

Kirkpatrick, old name Letimberville.

La Rue, fifteen miles west of Marion.

Longville, at Bryan's Station.

Marion, the county seat.

Martel, old name Three Locusts.

Morral, about ton miles northwest of Marion.

Owen, at Owen's Station, six miles southerly from Marion.

Prospect, old name Middletown.

Waldo, about ten miles south by southeast from Marion.

Wheaton is an old name for Claridon. There is no post office either here or at Big Island.

Beech is the name of a cross-roads one mile from the east line of the county, on the route from Claridon to Cardington. At this point there are a church (" Salem "), a saw mill, blacksmith shop, schoolhouse, etc.

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Parrtown, alias Holmesville; is .the old name of a point near the center of Bowling Green Township.

Centerville is a point on the New York, Pacific & Ohio Railroad, in the extreme northwestern corner of Prospect Township.

Winnemac is the name of the old town plat on the opposite side of the river from La Rue.

Salem and Stumptown are old names of other local points.