Adams County, Ohio - Chapter 4, 1880

Chapter 4

The Governor contended that the ordinance of 1737 gave him the power to divide the territory into counties, appoint and commission all officers, civil and military, below the rank of general officers, and that having the undisputed right to appoint and commission all officers, it therefore followed as a necessary consequence, that he had the power of sub-dividing' the comities, and refused to sign any law which might be passed for the sub-division of counties.

"The members of tlie Legislature admitted that the Governor bad the power to appoint and commission all officers, below the rank of general officers, and to lay out tlie parts of tlie districts (territory) in which the Indian title had been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by tlie Legislature."

They contended that after lie had done that, that his power was at an end. because the territory had already been laid off by him and organized into counties, and that part of the ordinance which gave the governor power to lay out the district into counties closes with the words, "subject, however, to such alteration as may hereafter be made by tlie Legislature," and that power fpr which lie contended was a constructive one, not authorized by the constitution.

Washington county, embracing tlio eastern half of the present State of Ohio, was the only organized county of the Northwest Territory until early in 1790, when the Governor proclaimed Hamilton coihtty, which included all the territory between tlie Big and Little Miami rivers, and extending north to tlio "Standing Stone Forks" on the first named stream.

The following is a list of all tlie Territorial counties organized ; also the date of organization, with their respective -county seats : V ~yi liv ilio organization of the Imlinnn territory, in 1800. tliu counties of St; ('lair. Knox nml Randolph wore taken out of the juriNilii'iion Ot t lie North we. t Territory. Tho remaining nine connlies a iv all that.wcro organized by the Governor under the territorial government. The four last named of these counties, to-wit, Trumbull. Clermont, Fairfield and Belmont, were organized after the dispute originated between the Governor and territorial Legislature, and the other five previously thereto. All the other I'ouniie.s have been established under State authority, since 1801!.

Adams was the fourth county organized in the State. It was named in honor of John Adams, tho then President of tho United Slates. Its boundaries were as follows :

" Beginning upon the Ohio, at (he upper boundary of the tract of 24,000 acres of land granted to the French inhabitants of Galliopolis. by an act of the Congress <?f tho United States, bearing date the third of March, 1795; thence down the said Ohio river to the month of Elk river (generally known by the name of Eagle creek); thence up tho principal stream of said Elk river, or Eagle creek, to its source or head ; thence, by a duo north line, to the southern boundary of Wayne county, and easterly along said boundary, so far that a due south line shall meet the interior point of the upper boundary of the aforesaid tract of land of twenty-four thousand acres, and with said boundaries, to tho place of beginning.

Adams county, with these boundaries, embraced within its limits the whole of the following eight counties, to-wit: Pike, Ross, Fayette, Pickaway, Madison, Franklin, Union and Delaware, and parts of 'the twelve counties of Scioto, Highland, Brown, Clinton, Fairfield, Clark, Champaign, Ilardin, Marion, Morrow, Knox and Kicking.

On the 20th of August, 1798, the governor organized the county of Ross, which detached from Adams county all that portion of its territory lying north of a line beginning at the fortysecond mile tree, on the line of the original grant of land by the United States to the Ohio company, which line was run by Isaac Ludlow, and running thence west, until it shall intersect a line to be drawn due north from the mouth of Elk river, (commonly called Eagle creek) and from the point of intersection running north to the southern boundary of the county of Wayne ; and from thence easterly with Ane said boundary of Wayne, until a north line be drawn fronfthc place- of beginning, shall intersect the same ; and if it shoi.L be found that a north line drawn from the place of beginning, will not intersect the said southern boundary of Wayne, then an east line is to be drawn from the eastern termination of the said boundary, until it shall intersect the aforesaid north line to be drawn from the place of beginning."

This territory was erected int® a new county called Ross. It detached from Adams labout three-fourths of its original territory. At the same time the line between Adams and Hamilton counties was changed, s«i that it ran due north from the mouth of Eagle creek, to the south \inc of Ross county, instead of following the mcanderings of the creek. This added something to the territory of Adams. \

January 28, 1802, an actNvas passed directing surveyors to run and mark the dividing lines between Adams and Ross, between Adams and Clermont,, anil between Ross and Clermont, aud between Hamilton and Ross counties, but whether these surveys affected the territory of Adams, \ve cannot ascertain.

By an act of the Legislature passejl March 24, 1803, the following territory was taken from Adams and organized into a county, aud named Scioto ; '-Beginning on the OhioVriver, one mile on a straight line below the mouth of lower Irwin creek ; thence cast with the said county line to the line of Washington county ; thence south with said line to the Ohio; thence with the Ohio, to the place of beginning."

On the 18th day of February, 1805, Highland county Was formed, which cut another slice from Adams county. This act detached from Adams, all that portion of its -territory lying north of a line '-beginning at the twenty mile tree, in the line between Adams and Clgrmont counties, which is run north from tho mouth of Eagle creek, on the Ohio river ; and running thence east twelve miles ; thence northeastwardly, until it intersects the line which was run between tl^e counties of Scioto; Ross and Adams, at the eighteen mile tree ,fJ-om the Scioto river ; thence northwardly, &c."

An act was passed January 4, 1815, to create the county of. Pike, that sliced off a little more territory from Adams. The boundary lines of this new county commenced at the township line on the 8 ioto river, between townships three and four ; thence east, thence northward, and westwardly, &c., "to tho Highland county line; tlieuco with Highland eoruity line to the north line of Adams county ; thenco With Adams comity line to the highlands between the waters of Scioto, Brush creek and Sunfish ; thence southeasterly with -said Highlands bq far that an cast lino will strike tho beginning."

All act was passed by tho Legislature December 27, 1817, creating tho county of Brown, with the following boundaries, towlt: Beginning at a point eight miles due west from tho court house in Wost Union, In the county of Adams; thence running duo north to tho Highland county line; thonco west with the Highland county Hue to Clorraout county lino ; thenoo north with

Clermont county lino to (Hinton county line; thence, west with Clinton county line so far that a line running south will strike the Ohio river two miles above the mouth of liiillskin creek; thence up the Ohio river, aud with the same, so far that a line nrmiing due north WHI strike the point of beginning."

This cut offfrgm the wost side of Adams a tier of townships, to-wit: Him. ngton, Boyd and Eagle. It was the last territory taken off the county.

As at present established, it has Highland and Pike counties on tho north, Scioto on the east, the Ohio river dividing it from Kentucky oil the south, and Brown county on tho west. It is about twenty-five miles in extent, botli from north to south and from east to west, contains 550 square miles, aud 352,000 acres of land.

The surface is generally uneven or hilly - in the eastern part almost mountainous. It embraces a variety of soils, from the best to the poorest, a great proportion - -especially in the eastern part - of tlie latter kind. The interior of the hills along Brush crock contain considerable amounts of iron ore. There were once three furnaces aud a forge in operation along that streum, which did a considerable business, but the opening up of other mines, with better market facilities and perhaps with richer ore deposits, made the working of these furnaces unprofitable, and they have long since ceased to exist.

The principal stream of water is Brush creek, which passes through the county from north to south. It has numerous tributaries that flow into it, mostly from the west side.

Wheat and corn are the staple productions, and the stock raised is mainly hogs and Cattle. Although this method deteriorates tlie land, it seems hard for them to get out of the ways and raise more grass and sheep, to which this county is so well adapted.

Tobacco

The cultivation of tobacco, to which this land - especially in the castcarii part of the county - seems well adapted is a matter of growing importance, and rapidly' increasing. There is a considerable amount of money already derived from its production.

Timber

All the hillsides and valleys in tlie eastern portions of tho county, was, originally, densely covered with it heavy growth of valuable timber, which has yielded no inconsiderable amount of revenue to that section. The land, being rough and hilly, was not taken up until a comparatively recent period, and a vagrant, shiftless class of people squatted on it at an early day, who eked out a precarious living by cutting down the line oak trees and peeling the bark, which was sold for tauiiing purposes, leaving the valuable bodies of the trees to decay. Since tlie land lias been bought up, more economy lias been used, by working tlie timber into cooper stuft', after selling the tan bark, x The business of selling tan bark, staves, and hoop poles, is exteusively carried oil, and a large portion of the revenue of the people of these eastern townships is derived from tlie sale of these articles, which are hauled to Rome and shipped by the river, in large amounts.

Tlie county was organized July 10, 1797, by Winthi-op Sargent, Secretary o' tlie territory, then acting Governor, in the absence of Governor St. Clair, tlie then Governor of the northwestern territory. The first court was held in Manchester, in September, 1797. Tlie Secretary, in the absence of tlie Governor, also appointed commissioners to locate a county seat, who selected an out of the way place, a few miles above the mouth of Brush creek, which they called Adamsvillc. This place was where, the village of Rome now stands - -though so far as we can learn, i»> village was laid oft' there, or even were there more than a hougf; at the place. It was impossible for tlie lawyers and parties attending court, to find a place of entertainment, or accommodntioiikfor man or beast; they in derision named tho place "Scant.'' At Hie next session of tlie court, its members became divided, and pare satin Manchester an, d part at Adamsville. -The Governor, on his return to the territory, finditTg~tkej>eople in great confusion, and much bickering between them, removed tlKTBeat of justice to the mouth of Brush creek, where the first coart was held in 1798. Here a town called Washington, was laid out by Noble Grimes, on tlie 15th day of April, 1802, on a survey of 110. lots. A largo bowed log court house w»4 built, with a jail in the lower story, and the Governor appointed two more of tho ''scant" party judges, which gavo t lie ID a majority.

In 1800, Qharlcs Wylllng Boyd, Secretary of the territory, in the absence,' of the Governor, appointed two more of tlie Manchester party judges, which balanced parties, and the contest was maintained until West Union became tho eounty scat, in 1804.

hi September, 1799, tlie first territorial Legislature, under tlie ordinance of Congress, of the 13th of July, 1787, for the government of the territory of tho United Slates, northwest of tho river Ohio, coiivoncd at Cincinnati. During tliut session, an act was passed to i;cmovo Iho seat of jusllco for Adams county, from the mouth of Brush crock, to Manchester. By tho ordinance aforesaid, the Governor had a positive negative on the acts of the Lcgishiturc, and ho being an Europeau, and willing to exercise his power, refused to sign tlie law - and also ten other laws, passed by the legislature at the same session, mostly for tlie division and regulation of counties and seats of justice.

Bv this arbitrary exercise of power, by Hie Governor, the people and their representatives relinquished all hopes of effecting any internal regulations, under tho territorial government, and looked forward, with anxiety, to tho day, when, by tho increase of their numbers, they would be entitled to form a constitution and state government. It is believed that this arbitrary exercise of power by tlie Governor, under tlie territorial government, had a full share of influence witli the members of the convention, who framed our constitution, in confining the powers of the Governor within such narrow limits. There was but one member of the convention who was willing to give the Governor a qualified negative upon the acts of the legislature.