Ashtabula County, Ohio - Chapter 11: Civil Organization, 1878

Chapter 11: Civil Organization

In 1788 the Northwestern Territory was organized, with General Arthur St. Clair as governor, Winthrop Sargent as secretary, and Samuel Holden Parsons, James Mitchel Varnum, and John Cleves Symmes as judges. The district embraced was a vast one, including all the country lying northwest of the Ohio, as far west as the Mississippi. The seat of government was at Marietta, at which point the first settlements within the present limits of the State of Ohio were made. The laws adopted for the governmental needs of this Territory were those provided in the celebrated ordinance of 1787, which has been fitly described as having been a pillar of cloud by day and of fire by night in the settlement and government of the northwestern States.

In 1788 the county of Washington was organized by proclamation of the governor and judges. It included that part of the Western Reserve east of the Cuyahoga river, the old Portage path, and the Tuscarawas river. In the year 1796 the county of Wayne was established, including, with other territory of vast extent, the remainder of the Reserve not embraced in Washington county. In 1797 Jefferson county was organized, and its boundaries were such as to include all of the Western Reserve east of the Cuyahoga. The county-seat of this county was at Steubenville.

Notwithstanding the inclusion of the soil of the Reserve, by act of the Territorial government, within the limits of these several counties, civil government was not organized in New Connecticut, so as to have been recognized as of binding force by its inhabitants, until the year 1800. Prior to this date, Connecticut and the Connecticut land company denied to the United States the right of jurisdiction within the limits of New Connecticut, and refused to yield to congress or to the Territorial government the right to make laws for the settlers upon the Reserve. (The reasons for this are given in Chapter III. of this volume.) Thus it happened that from 1796-97, the time when the first settlers arrived, until May 30, 1800, the pioneers of this region were without municipal laws. Their conduct was regulated and restrained, and their duties were prescribed, solely by their New England sense of justice and right. There was no law governing the descent and conveyance of real property, or of the transfer of personal goods ; there were no regulations for the redress of wrongs, or for the protection of private rights. They were literally a law unto themselves. But few cases of misdemeanor arose, but if a settler were guilty of theft, or if he misused his wife, his neighbors constituted a court of justice, and decided among themselves what punishment should be inflicted. The offender's back generally furnished the only record of these judicial proceedings. On the 10th day of July, 1800, the legislature of Connecticut having authorized its governor to return to the general government all right of jurisdiction within the limits of New Connecticut, the Western Reserve was erected into a county, and called Trumbull, in honor of Jonathan Trumbull, the governor of Connecticut. This was done by proclamation of the governor and judges of the Northwestern Territory. The county-seat was at Warren.

The first court in Trumbull county convened in Warren on Monday, August 25, 1800. The following were the first officers of this large county:

John Leavitt, judge of probate and justice of the peace; Solomon Griswold, Martin Smith, John Struthers, Caleb Baldwin, Calvin Austin, Edward Brockway, John Kinsman, Benjamin Davison, Ephraim Quinby, Ebenezer Sheldon, David Hudson, Aaron Wheeler, Amos Spafford, Moses Park, and John Minor, justices of the peace.

" Monday, 25th. - Went to Warren, took dinner at Adgate's, and went to Quinby's. Met the judge and justices of the county, when they all took the oath of office, and proceeded to open the court of quarter sessions and court of common pleas, agreeably to the order of the governor. They proceeded to divide the county into eight townships, and appointed constables in each. A venire was issued to summon eighteen persons as grand jurors."

11 Court of general quarter sessions began and holden at Warren, within and for said county of Trumbull, on the fourth Monday of August, in the year of our Lord eighteen hundred and of the Independence of the United States the twentyfifth. Present : John Young, Turhand Kirtland, Camden Cleveland, James Kingsbury, and Eiiphalet Austin, Esquires, justices of the quorum ; and others, their associates, justices of the peace holding said court. The following persons were returned and appeared on the grand jury, and were impaneled and sworn, namely, Simon Perkins, foreman ; Benjamin Stow, Samuel Menough, Hawley Tanner, Charles Daly, Ebenzer King, William Cecil, John Hart Adgate, Henry Lane, Jonathan Church, Jeremiah Wilcox, John Partridge Bissell, Isaac Palmer, George Phelps, Samuel Quinby, and Moses Park.

" The court appointed Amos Spafford, Esq., David Hudson, Esq., Simon Perkins, John Minor, Aaron Wheeler, Edward Payne, and Benjamin Davison a committee to divide the county of Trumbull into townships, to describe the limits and boundaries of each township, and to make a report to the court thereof."

The committee above named executed their instructions by dividing the reserve into eight townships for the better government of the few settlers then living within the county. These township were Bichfield, Painesville, Cleveland, Middlefield, Vernon, Youngstown, Warren, and Hudson. Richfield embraced the whole of the present county of Ashtabula, with the exception of the present townships of Williamsfield, Andover, Wayne, Cherry Valley, Colebrook, New Lyme, Orwell, Rome, Windsor, and Hartsgrove. The first six of these outlying townships were included in Vernon township, and the others in Middlefield. Richfield embraced also the present townships of Madison and Thompson, in Lake county. At the May term of court, 1801, these eight townships were divided into election districts, called respectively the " northern district" and the " southern district." The towns of Middlefield, Richfield, Painesville, and Cleveland constituted the former, the place of holding elections being at the house of Mr. Simon Perkins, at the intersection of Young's road and Lake road, now Concord, Lake county. The towns of Youngstown, Warren, Hudson, and Vernon constituted the latter district, the place of balloting being at the house of Ephraim Quinby, in Warren.

Of the township of Richfield the following were the first officers, as nearly as can be ascertained: Noah Cowles and Nathan King, trustees; Aaron Wheeler, justice of the peace; and John A. Harper and Mills Case, constables. The names of the other officers cannot now be ascertained. In 1804 Geauga county was formed from Trumbull county, and included the greater portion of the present limits of Ashtabula County. In 1807 the present limits of Ashtabula County were defined, and January 22, 1811, the county was organized. Starting with this township of Richfield, embracing the entire territory of what is now Ashtabula County, with the exception of the two southern tiers of townships, we will trace the steps which were taken whereby the county came to have its present number of organized townships. The township of Salem, now Conneaut, was the first to be carved out of this immense district. Richfield remained intact from 1800 till 1 804, when numbers twelve, thirteen, and the gore, numbered fourteen, of the first range, were separated from it, and incorporated into a distinct township, and called Salem. No other change was made until the year 1807, when Harpersfield, embracing what now is Geneva, Harpersfield, Trumbull, and Hartsgrove, was organized into a separate township. In 1808 Ashtabula township, embracing what now is Kingsville, Sheffield, Ashtabula, and Plymouth, was carved out. About the same time Jefferson township began an existence, including the present townships of

Jefferson, Denmark, Pierpont, Lenox, Dorset, and Richmond. In 1810 Kingsville, embracing besides its present territory that of Sheffield, was detached from Ashtabula and organized. At the time of the organization of Ashtabula County, January 22, 1811, there were six organized townships within the limits of the county, as follows: Salem, including numbers twelve, thirteen, and fourteen, of the first range ; Harpersfield, including numbers nine, ten, eleven, and twelve, of the fifth range ; Ashtabula, including numbers twelve and thirteen, of the third range ; Kingsville, including numbers twelve and thirteen, of the second range ; Jefferson, including numbers ten and eleven, of the first, second, and third ranges; and Richfield, which included the remaining territory of the county, except numbers eight and nine, of the five ranges. The settlers in the county south of the tenth tier of townships voted, for the most part, with the people of the original townships of Vernon and Middlefield. In 1806 the three number eights, now constituting Williamsfield, Wayne, and Colebrook, belonged to a township called Green, which included considerable other territory in Trumbull county. In April, 1811, Wayne township was organized, embracing the present townships of Williamsfield, Wayne, Colebrook, Andover, Cherry Valley, and New Lyme. In July of the same year Windsor township was organized, and included Leffingwell (now Orwell) in addition to its own territory. The organization of the remaining townships was effected as follows:

Austinburg, including besides its present territory that of Saybrook, in 1812 ; Lebanon, including the present townships of New Lyme and Colebrook, in 1813 (in 1825 the name was changed from Lebanon to New Lyme); in 1813 Denmark was detached from Jefferson, and embraced the present townships of Denmark, Pierpont, Richmond, and Dorset; in 1816 Wrightsburg, changed in 1827 to Saybrook, was detached from Austinburg; in 1816 Geneva was taken from Harpersfield ; in 1818 Pierpont was detached from Denmark, and included Richmond with its own territory; in 1818 Monroe was formed from Salem; in 1819 Andover, embracing in addition to its own territory that of Cherry Valley, was taken from Wayne ; in the same year Morgan was taken from Richfield, and organized; in the same year Lenox was detached from Jefferson ; in 1820 Sheffield was taken from Kingsville; in 1823 Leffingwell (afterwards Orwell) was attached to Richfield, and the two townships were known as Richfield until 1826, when Orwell was organized into a separate township. In 1825 Trumbull was detached from Harpersfield and made to embrace the present townships of Trumbull and Hartsgrove. In 1827 Cherry Valley was severed from Andover, and Richmond from Pierpont in 1828. The last vestige of the name of Richfield disappeared in 1828, when, upon the petition of Christopher Champlin and other inhabitants, the name was changed to Rome. Hartsgrove became a separate organized township in 1830, and on the 4th day of July, 1838, the last township organization of the county was perfected, the greater part of number twelve, of the third range, being severed from Ashtabula on the 7th day of January preceding, and erected into a township at the date first named above, and called Plymouth. Thus did the single township of Richfield, together with the two southern tiers numbered eight and nine, yield the twenty-eight independent sovereignties into which the county is to-day divided. The first and present officers of these townships will be found in the separate town histories.

The county of Ashtabula began a separate and distinct existence on the 22d day of January, 1811, the following-named persons serving as first officers: Presiding Judge, Benjamin Ruggles ; Associate Judges, Aaron Wheeler, Ebenezer Hewins, and Solomon Griswold ; Treasurer, David Hendry ; Recorder, James A. Harper ; County Clerk, Timothy R. Hawley ; Sheriff, Nathan Strong. The first official act was the organization of the June term of the court of common pleas. The following were the first grand jurors: Noah Cowles, Peleg Sweet, Stephen Brown, Jesse D. Hawley, William Perrin, Walter Fobes, Ebenezer K. Lamson, Sterling Mills, Michael Webster, Gideon Leet, Joshua Rockwell, Eiiphalet Austin, James A. Harper, Moses AVright, and David Hendry. The court appointed Eiiphalet Austin foreman. The jury were duly empaneled and sworn, and were charged by the court. The first suit was the State of Ohio vs. Orison Cleveland, assault and battery. The defendant was discharged by order of the court. There was no petit jury. There was a case that came before the judges, and was for debt, the plaintiff receiving a judgment for seventy dollars. The late Peter Hitchcock was the first prosecuting attorney pro tern and Ezra Kellogg the first regular prosecuting attorney.

The Courts Of Record

The first court established on the reserve, and whose jurisdiction first extended over the settlers upon the soil of Ashtabula, was organized at Warren in August, 1800, and was known as the court of quarter sessions, - a tribunal which ceased to exist upon the admission of Ohio into the Union, in 1802. Since that date and up to the time of the adoption of the new constitution, March 10, 1851, the court of common pleas and the supreme court have held jurisdiction. Since 1851 the courts of record known to the citizens of the county have been the district court, the court of common pleas, and the probate court. The following are the names of the presiding judges, who were the appointees of the governor of the State up to the year 1855, when the office became elective : 1811, Hon. Benjamin Ruggles; 1815, George Todd ; 1830, Reuben Wood ; 1833, Matthew Burchard; 1837, Van R. Humphrey; 1844, Eben Newton; 1847, B. F. Wade; 1851, Reuben Hitchcock; 1854, Eli T. Wilder; 1855, Horace Wilder; 1861, N. L. Chaffee; 1871, M. C. Canfield. Mr. Canfield died whilein office, and E. Lee was appointed to fill the vacancy until the first succeeding election, when D. W. Canfield was chosen to the office, and served until 1876, when L. S. Sherman, the present incumbent, was elected. By special statute H. B. Woodbury was elected at special election spring of 1875, and in the succeeding fall was re-elected, to serve for a term of five years.

The following are the names of associate judges: 1811, Aaron Wheeler, Ebenezer Hewins, and Solomon Griswold. Nehemiah King succeeded Aaron Wheeler in 1817; Eliphalet Austin succeeded E. Hewins in 1818; Amos Kellogg succeeded X. King in 1824 ; Titus Hayes and Thomas Smith succeeded E. Austin and S. Griswold in 1825 ; Jonathan Gregory succeeded Thomas Smith in 1826 ; Lemuel Moffitt succeeded Amos Kellogg in 1830 ; Luther Spellman succeeded Titus Hayes in 1832 ; Ashbel Dart succeeded Jonathan Gregory in 1838 ; James 31. Bloss succeeded L. 3Ioffitt in 1838 ; Jonathan Warner succeeded Luther Spellman in 1839 ; 3Iatthew Hubbard succeeded Ashbel Dart in 1840 ; John Sherman succeeded M. Hubbard in 1843 ; Lathorp Rawdon succeeded J. 31. Bloss in 1845 ; Lynds Jones succeeded J. Warner in 1846 ; Chester Stowe was appointed to fill vacancy caused by death of 3Ir. Sherman in 1846 ; was elected to the office in 1847 ; Wm. S. Deming succeeded Lathorp Rawdon in 1851 ; Stephen D. Dann succeeded Lynds Jones in 1851. In 1857 the office of associated judgeship was abolished.

The first jury trial occurred in the 3Iarch term of court, 1812, in which George B. 3Ierwin was plaintiff and Gideon Leet was defendant, in which a judgment was rendered for 3Ierwin in the sum of thirty-two dollars and fifty cents.

The Probate Court

The first judge of probate for Ashtabula County was J. Addison Giddings, in 1852, who served until 1857, and was succeeded by Hiram A. Plumb, who died in office, August 25, 1859. Henry Fassett was appointed to fill vacancy, and in October following was elected to the office. He held the position one year, and, resigning, was succeeded by D. S. Wade, appointed to fill the vacancy. 3Ir. Wade was elected to the office in October, 1860, and continued to serve until 1866, when B. T. Cushing became his successor. 3Ir. Cushing resigned the office in 1872, and E. J. Betts, the present worthy incumbent, was appointed to fill the vacancy. In 1875, Mr. Betts was elected to the office.

The Official Roster

United States Senators. - Hon. Benjamin F. Wade was elected to the United States Senate in 1851, and served for three senatorial terms, or until 1869, when he was succeeded by Allen G. Thurman. No county of the State has furnished a citizen who has served the people with greater honor as senator of the United States than did this son of Ashtabula.

Members of Congress. - Ohio, before its admission as a State, in 1802, was a part of the Northwestern Territory, and its representative in the Seventh congress from 1801 to 1803 was Paul Fearing. He was born in 3Iay, 1762, and died in Ohio in 1822. Upon the State's admission into the Union, in 1802, its entire territory constituted one congressional district, and no change was made until 1813. During this time it was represented by Jeremiah 3Iorrow in the Eighth, Ninth, Tenth, Eleventh, and Twelfth congresses. He was born in Pennsylvania in 1770. Died in Ohio in 1852. After the expiration of his term of office as representative he became United States senator. He was twice elected governor of the State, in 1822 and 1824.

The Ashtabula district was represented in congress from 1813 to 1814 by Reson Bell, and from 1814 to 1817 by David Clendening. From 1817 to 1819, Peter Hitchcock, of Geauga, was the delegate. He was born in Connecticut, October 19, 1780, and died at Painesville, Ohio, 3Iay 11, 1S53. He was one of the foremost men of his day. His name appears below as member of the house and senate of Ohio. He was one of the supreme judges of the State for twenty-eight years, - part of the time chief justice, - and was one of the ablest and most useful judges the State ever had.

John Sloan represented the congressional district of which this county was a part in the Sixteenth and Seventeenth congresses, or from 1819 to 1823. He was born at York, Pennsylvania, 1779, aud died at Wooster, Ohio, in 1856. Hon.

Elisha Whittlesey, from 1823 to 1838, represented the Ashtabula district in Congress. He was one of the ablest men in congress at that time. He was born in Connecticut in 1783, and died in Washington, District of Columbia, 1863. Whittlesey was succeeded by the Hon. Joshua R. Giddings, in 1838, who served until 1859, and was succeeded by John Hutchins. 3Ir. Hutchins' term of office was from 1859 to 1863, when Hon. James A. Garfield, the present able representative, was elected. 3Ir. Garfield has represented this district continuously since 1863. He is the acknowledged Republican leader in the house of representatives. At the present time he is a resident of 3Ientor, Lake county.

Sheriffs. - Nathan Strong had been elected sheriff of Geauga county before the organization of Ashtabula, and continued to hold the office after the organization until 1813, in which year he was succeeded by Quintus F. Atkins, who was sheriff from 1813-20; Lynds Jones, 1820-24; Samuel Whclpley, 1824 - 28; Benjamin Hebard, 1828 - 30 ; Zaphna Lake, 1830-34 ; James M. Bloss, 1834 - 36; Uriah Loomis, 1836 - 40; Charles Stearns, 1844; John A. Prentis, 1844 - 48; Edward Chapman, 1848 ; died in spring of 1849, and was succeeded by R. L. Bartholomew, 1849-53; Marshall W. Wright, 1853-57; William Hendry, 1857-61 ; Edward A. Wright, 1861-65 ; H. J. Covell, 1865-69 ; A. W. Stiles, 1869-73 ; D. L. Hart, 1873-74 ; died in 1874, and was succeeded by E. A. Thompson until the fall of 1874, when Thaddeus S. Young, the present incumbent, was elected.

Prosecuting Attorneys. - Ezra Kellogg was the first officer under this head, being appointed in 1811. He was succeeded by Robert Harper, in 1818. The records do not furnish the names of Mr. Harper's immediate successors. Just prior to the office becoming elective Edward Wade was the incumbent. The office became elective in 1835, at which time B. F. Wade obtained the position. Since then the following have been the prosecuting attorneys : S. F. Taylor, 1837-39 ; L. S. Sherman, 1839-41 ; O. H. Fitch, 1841-43 ; N. L. Chaffee, 1843 - 47 ; C. S. Simonds, 1847 - 49 ; L. S. Sherman, 1849-51 ; S. P. Jones, 1851-53 ; Mason King, 1853-57 ; A. S. Hall, 1857-59 ; J. Q. Farmer, 1859-61 ; Stephen A. Northway, 1861 ; resigned in 1S65, and J. D. Ensign appointed to fill vacancy; in the fall of 1865 Edward H. Fitch was elected, and was succeeded, in 1867, by W. P. Howland; in 1871 Howland surrendered the office to E. C. Wade, who yielded it to his successor, the present incumbent, E. B. Leonard, in 1875.

County Commissioners. - There are three county commissioners, each holding office for three years, an election for one commissioner occurring each year. The following is an abstract of the proceedings of the first meeting held by these officers : " State of Ohio, Ashtabula County, Commissioners' office, June 3, 1811. Be it remembered that the commissioners met on this day for the first time. Present, Messrs. Nathan Strong, James Harper, and Titus Hayes, Esquires. Appointed Nehemiah King, Esq., clerk of the board, and David Hendry, county treasurer ; received listers' and appraisers' returns from Harpersfield, Richfield, Ashtabula, and Wayne."