Butler County, Ohio - Settlement and Formation of County, 1905

August 29, 1787. J«dse j 011,1 CleveS Symmes. of New Jersey, submitted to congress his proposition for the puichase of one million acres of land, to he located between the Miami rivers and to extend as far northward and westward as necessary to embrace a tract that large. As many readers have never seen the terms of the contract, or the prospectus issued at the time by Judge Symmes and his associates, it may not be amiss to give some of the features in the language of the originals. The prospectus is addressed "To the Respectable Public," and states in the outset that "the honorable congress, by their act of the 3d of October, 1787, authorized the honorable the commissioners of the treasury board to enter into contract with the subscriber for the t'ract of land hereafter described." Then follows the description of the Miami tract. After stating the terms on which lands may be secured, the address makes provisions for schoolmasters, clergymen and army officers, and then in general phrases sets forth the advantages of the territory to which settlers are invited.

"The subscriber begs leave to add, for the information of those who are unac quainted with the country', that from his own view of the land, bordering on the river Ohio, and the unanimous report of all those who have traveled over the tract in almost every direction, it is supposed to be equa to any part of the federal territory, in point of quality of soil and excellence of climate, it lying in the latitude of thirty-eight degrees north, where the winters are moderate, and no extreme heats in summer. Its situation is such as to command the navigation of se\ eral fine rivers, as may be seen by the maps of that country ; boats are frequently pass ing by this land as they ply up and down the Ohio. There are no mountains in the tract, and. excepting a few hills, the country is generally level, and free from stone on the surface of the earth ; there are plenty o stone quarries for building. It is said be well watered by springs and rivulets, an several fine mill streams falling from the dividing ridge into the two Miamis, which lie about thirty miles apart, and are both supposed to be navigable higher up in the country than the northern extent of this purchase, so that the interior farms will have navigation in the boating seasofis, within fifteen or eighteen miles at farthest. Salt, in any quantity, may be had by water within a moderate distance, at the salt works on the banks of the Licking river, which empties itself from the Kentucky side into the Ohio, between the two Miami rivers. Provisions for the first emigrants may be had very cheap and good, by water, from the Pittsburg, Redstone and Wheeling settlements, or from the district of Kentucky which lies opposite to this purchase, on the southeast side of the Ohio. The distance from Fort Pitt is about five hundred miles down a gentle river, navigable for boats of one hundred tons to the Mississippi, and down the Mississippi to the sea. In the district of Kentucky, which is separated from this purchase by the Ohio river, about a half a mile wide, the average price of land is half a dollar per acre, in specie, though a large proportion could not be bought under three hard dollars per acre ; eight and ten shillings per acre are frequently given. For the quantity, a larger proportion of the lands on the Miamis are supposed to be of the first quality, and the whole equally good, compared generally with those of Kentucky. The titles to the Miami lands will be clear and certain, and no possible doubt can arise. Whereas, on the Kentucky side (military rights excepted) the titles to land are not easily ascertained, frequently very doubtful, and- too often not well founded.

"The subscriber intends going out himself, and shall make it his study to encourage and superintend the settlement of this purchase, by causing the utmost attention to be paid to every application, and aiding so far as it may be in his power all those who become either purchasers or settlers."

It will be judged, from the wording of the foregoing extract, that the art of advertising in attractive language was not. altogether unknown by our grandfathers.

The petition of John Cleves Symmes, of New Jersey, showeth that your petitioner, encouraged by the resolutions of Congress of the 23d and 27th of July last, stipulating the condition of a transfer of federal lands on the Scioto and the Muskingum rivers unto Winthrop Sargent, Manasseh Cutler. Esquires, and their associates, of New England, is induced, on behalf of the citizens of the United States westward of Connecticut, who also wish to become purchasers of federal lpnds, to pray that the honorable the congress will be pleased to direct that a contract be made by the honorable the commissioners of the treasury board, with your petitioner for himself and his associates, in all respects similar, in form and matter, to the said grant made to Messrs. Sargent and Cutler, differing, only in place where, and, instead of two townships for the use of an university, that one only be assigned for the benefit of an academy.

That by such transfer to your petitioner and his associates, on their complying with the terms of sale, the fee may pass of all the lands lying within the following limits, to- wit: Beginning at the mouth of the Great Miami river; thence running up the Ohio to the mouth of the Little Miami river; thence up the main stream of the Little Miami river to the place where a due west line to be continued from the western termination of the -northern boundary line of the grant to

Messrs Sargent, Cutler & Company shall Intersect said Little Miami river; thence due west, continuing the said western line to the place where the line shall intersect the main branch or stream of the Great Miami river; thence down the Great Miami to the place of beginning.

The conditions are, that the tract shall be surveyed, and its contents ascertained by the geographer or some other officer of the United States who shall plainly mark the said east and west line, and shall render one complete plat thereof to the board of treasury, and another to the purchaser or purchasers. The purchaser or purchasers. within seven years from the completion of this work (unless the frequency of Indian irruptions may render the same in a measure impracticable), shall lay off the whole tract at their own expense into townships, and fractional parts, of townships, and divide the same into lots, according to the land ordinance of the 20th of May, 1785; complete returns whereof shall be made to the treasury board. The lot number 16 in each township, or fractional part of a township, to be given perpetually for the purposes contained in the said ordinance. The lot number 29 in each township to be given perpetually for the purposes of religien. The lots number 8, 11 and 26, in each township or fractional part of a township, to be reserved for the future disposition of congress. One complete township to be given perpetually for the purposes of an academy or college, to be laid off by the purchaser or purchasers, as nearly opposite to the mouth of Licking rtVer as an entire township may be found eligible in point of soil and situation, to be applied to the intended object by the legislature of the state.

The price to be one dollar per acre for the contents of the said tract, excepting the reservations and gifts aforesaid, payable in specie, loan office certificates reduced to specie value, or certificates of liquidated debts of the United States, subject to a reduction by an allowance for bad lands, and all incidental charges and circumstances whatsoever, one-third of a dollar per acre; and in making payment, the principal only of the said certificates shall be admitted. And the board of treasury, for such interest as may be due on the certificates rendered in payment as aforesa d. prior to the 1st of January, 1786, Bhail issue indents for interest to the possessors, which shall ^Livable in payment as other indents for interest of the existing requisitions ofconp-ess; and for such interest as may be due on the said <»rUflcates, between that period and the period of pay ment, the said board shall issue indents, the pay ment of which to be provided for in future requisitions or otherwise.

Such of the purchasers as may possess rights for bounties of land to the late <=°ntiuenUl army, to be permitted to render the 8amel"d"^g of the contract, acre for acre, provided that the aggregate of such rights shall not exceed one-seventh part of the land to be paid for; and P«^ed also, that there shall be no future claim apUnst the United States on account of the said rights.

Two hundred thousand dollars of the purchas money to be paid down upon closing the contrac^, and two hundred thousand dollars more withi one month after the delivery of the return or su vey of the tract, to be made by the geographer or other officer as aforesaid. The residue of money to be paid by the purchaser or purchasers, in six equal half-yearly payments, to be computed from the time when the second payment becomes due, together with the interest thereon from the date of the second payment.

When the second payment is made, the pu - chaser shall receive a deed for six hundred thousand acres, exclusive of the reserved and given lands, the survey whereof to begin at the mou of the Great Miami at one end, and at the intersection of the northern boundary line with Great Miami at the other end, and extending eas - wardly from the Great Miami on a meridian line to be drawn from north to south lengthways o the tract, until six hundred thousand acres ®x®u* sive of the given and reserved lots are include between the Great Miami and such north and sou line. Further proportional grants shall be ma e to the purchasers, from time to time, as the su se quent payments are discharged, always draw ng a line from north to south parallel with the firs line, from end to end of the tract, until the w o of the land purchased be granted by deed to purchasers, their heirs and assigns forever.

The purchaser, or purchasers, on the paynoen of the first two hundred thousand dollars, sha have a right to enter and occupy a portion o land not exceeding three hundred thousand acres, exclusive of the given and reserved township and lots, which privilege shall be enlarged from time to time, as future payments may be made by the purchasers. Thus far the agreement.

The public, by the foregoing being made acquainted with the nature of the contract entered into between the honorable the commissioners of the treasury board, and the subscriber, for himself and associates, the subscriber begs leave to communicate to such gentlemen as are desirous of becoming his associates, the scheme adopted for sale and settlement, which shall be considered as fundamental thereto, by every purchaser and settler.

The first necessary measure is to raise two hundred thousand dollars in liquidated certificates in order to discharge the first payment, which must be made previous to any entry or settlement on the land.

For this purpose, land warrants will be issued by the subscriber, or other person appointed, for any number of acres not less than one hundred and sixty, or a quarter part of a section, and always making the warrant for a township, section, or quarter part of a section, authorizing the person purchasing the same, his heirs or assigns to elect and choose, in his own person or by his or their agents, such township or lot, or quarter of a lot, as may be most agreeable to the holder of the warrant; provided the same township or lot, or quarter of a lot be not previously located and entered on record by a prior applicant.

A map. as accurate as can be drawn before an actual survey is made, may be seen with the subscriber, on which any person may make their election of a township, lot, or quarter of a lot which shall benttended to as far as may be possible, after the tract is surveyed into township and sections, and the elected townships, lots or quarter of lots, shall be noted in the true map of the premises as soon as the same can be made. When the survey thereof is accomplished, a plat or map of the land paid for at the treasury board will lie before the register at his office, to be kept on the ground, in which every township or fractional part of a township will be fairly laid down and numbered; and every township, lot, or quarter of a lot, when applied for at the register's office, and nowhere else after actual survey, shall be immediately recorded, as sold to the person or persons to whom the warrant belongs, which shall be produced to cover the sale. And the township, ot, or quarter of a lot, so elected, shall be marked on the map to prevent any mistake in subsequent "location; provided always that no section be divided when the warrant contains a sufficient number of acres to cover the whole section.

Two-thirds of a dollar per acre, in liquidated certificates, exclusive of the interest due on such certificates, to be paid by the purchaser on the receipt of a land warrant; and for the interest due on all certificates, indents are to issue at the treasury board, which shall be returned by the subscriber to the right owners of such certificates; regular accounts thereof shall be kept. But the subscriber recommends, as the better way, that each holder of certificate should apply to the loan officer of the state in which he lives, and first draw up his interest fully, in indents of facilities before he presents them in payment for the land warrant; yet, if this be inconvenient, the subscriber will see that justice is done touching the interest.

After the 1st <iay of May next, the price of the land will be one dollar per acre, and after the 1st day of November next the price will rise still higher, if the country is settled as fast as is expected. The certificates raised by the augmentation in the price shall be applied towards the making of roads and bridges in the Purchase.

One penny proclamation, or the ninetieth of a dollar, per acre, in specie of bills of credit of the state of New York, New Jersey, or Pennsylvania must be paid by the purchaser at the time of purchasing the land warrant. This fee of one penny per acre is to defray the expense of surveying the country into townships and lots, agreeably to the land ordinance. And one farthing proclamation, or the one hundred and sixtieth part of a dollar per acre, in specie or paper money aforesaid, to be paid by the purchaser to defray the expense of printing the land warrants, purchasing proper books for record, accommodating and paying the register for his services in attending to the recording of entries, and other incidental charges which will necessarily accrue.

In addition to the petition of Judge Symmes, heretofore published, there was 'an agreement made between the "Board of Treasury of the United States" and himself, in the following terms

Samuel Osgood, Walter Livingston, and Arthur Lee Esquires, commissioners of the board o treasury of the United States of America acting by and under the authority of the honorable the congress of the said states, of the first part, the honorable Jonathan Dayton, and Daniel Marsh of the state of New Jersey. Esquires, of the second part, and the honorable John Cleves Symmes, o the same state, Esquire, of the third -.--Whereas, the United States in qongress assembled, in and by their several resolutions and votes of the 23d and 27th days of July, and the 23d day of October, the year of our Lord one thousand seven hundred and eighty-seven of the same of them, did authorize and empower the board of treasury of the aforesaid to contract with any i>erson or persons for grants of any tracts of land in the said resolutions mentioned, upon such terms and conditions, under such reservations, and with such exceptions, as in the said resolutions and the papers therein referred to, are specified and expressed. And whereas, by virtue of the said resolutions and votes, or some of them, the said parties of the first part have contracted and agreed with the said parties, of the second part, in behalf of the said John Cleves Symmes, and his associates, for the grant of a tract of land, hereinafter mentioned, that is to say: all that certain tract or parcel of land, situate, lying, and being in the western country, adjoining to the river Ohio, beginning on the bank of the same river, at a spot exactly twenty miles distant, along the several courses of the same, from the place where the great river. Miami empties into the said river Ohio; from thence, extending down the said river Ohio, along the several courses thereof, to the Great Miami river; thence up the said river Miami, along the several courses thereof, to a place from whence a line drawn due east will intersect a line drawn from the place of beginning aforesaid, parallel with the general course of the Great Miami river, so as to include one million of acres within those lines and the said rivers; and from that place upon the said great river Miami, extending along such lines to the place of beginning, containing, as aforesaid, one million acres, etc.

The original proposition made by Judge Symmes was to purchase all the lands lying between the Miami rivers; to which he believed the board of treasury had assented. The written contract, it is noted, established the eastern boundary, commencing at a point on the Ohio river twenty miles distant from the mouth of the Great Miami river by the several courses of the Ohio, and from thence running northwardly, parallel with the general course of the Great Miami river for quantity. Mr. Symmes had sold the principal part of the land lying between that boundary and the Little Miami river. In order to obtain relief front these embarrassing difficulties, lie repaired to Philadelphia, then the seat of government, in the spring of 1792. and in the first place petitioned congress to alter his contract in such manner that it might extend from the Great Miami river to the Little Miami river..

In pursuance of his application, congress passed a law. dated April 12. 1792, entitled --An act for ascertaining the bounds of a tract of land purchased by John Cleves Symmes.'' which law "authorized the President of the United States, at the request of John Cleves Symmes. to alter the contract made between him and the board of treasury in such manner that the said tract of land nta> extend from the mouth of the Great Miami to the mouth of the Little Miami, and be bounded by the river Ohio on the south, by the Great Miami on the west, by the Little Miami on the east, and by a parallel. of latitude on the north, extending front the Great Miami to the Little Miami, so as to comprehend the proposed quantity of one million acres. However, as a -condition for granting this indulgence, Mr. Symmes was required to relinquish to the United States fifteen acres of land in Cincinnati, contigu ous to Fort Washington for the accommodation of the garrison at that fort. This was done in the same instrument of writing which ratified the alteration. By this alter ation of the contract a large number of meritorious persons, who had purchased of Judge Symmes, were secured in their lands and their improvements.

This objection being secured, Mr. Symmes. immediately presented another petition to congress, praying for the passage of a law authorizing the President of the United States to convey to him by letters patent as much of the land contained in his contract as he might then be able to pay for. 'A law was passed to that effect on May 5, 1792.

On a settlement made with John Cleves Symmes, at the treasury department, it was ascertained that two hundred and fortyeight thousand five hundred and forty acres had been paid for; but. in consequence of the reservation of the college townships, fifteen acres contiguous to Fort Washington, and other reserved sections within the limits of the grant, the boundaries of the whole tract, as required to be conveyed to him, would contain three hundred and eleven thousand six hundred and eighty-two acres. The draft of a patent was made by Alexander Hamilton, the secretary of the treasury. When it was presented to Judge Symmes he objected to it because it conveyed the land to him and his associates and not to himself alone, and insisted on having it altered. The secretary refused to change it, and an appeal was made to the President, who, after a careful examination of the subject, decided that the patent was in strict conformity with the contract of Mr. Symmes and his associates, and the act of congress on which it issued. He therefore refused to interfere, and Judge Symmes was obliged to accept it in the manner it had been drawn. The patent is signed bv George Washington, the President, under

It is hereby declared, that one complete township or tract of land, of six miles square, to be located, with the approbation of the governor, for the time being, of the territory northwest of the river Ohio, and in the manner, and within the term of five years aforesaid, as nearly as may be, in the center of the tract of land herein before granted, hath been, and is granted, and shall be holden, in trust? to and for the sole and exclusive intent and purpose, of erecting and establishing therein, an academy and other public schools, and seminaries of learning; and endowing and supporting the same, and to and for no other use, intent or purpose whatever.

The northern boundary of the tract was required to be surveyed and marked by Judge Symmes or his associates from certain points on the Great and Little Miami rivers, to be fixed and established by Israel Ludlow, according to a survey made by him of the courses of those rivers, under the direction of the department of the treasury; a certificate of which survey, dated the 24th day of March, 1794, was then on file in the treasury department. This line, commonly called the patent line, commences on the Great Miami river, a few rods north of the mouth of Dick's creek, below Amanda, in Butler county, and runs east through the first tier of sections in the fourth range, about one-third of a mile north of the northern boundary of the third or military range.

Judge Symmes, having obtained his .patent, returned to the Miami country and commenced the issuing of deeds to those to whom he had sold land. On the 30th of ing to the contract made with Mr. Symmes. The consideration is stated in the deed to have been $42,897 of military land warrants paid into the treasury of the United States.

When congress passed the law in 1792 relative to Symmes's purchase, it was understood by them that arrangements then made terminated the contract of 1788, but as no formal release was taken from Judge Symmes he considered his contract still in existence, and felt that he could rely on a further fulfillment of it on the part of congress. As the northern boundary line of the patent extended only a short distance into the fourth range, a large quantity of land previously sold by Mr. Symmes was not covered by it. In. addition to this, on his return from Philadelphia lie continued his sales, and disposed of the land within every part of his contract to any person who made application in the same manner that had been done before.

In this way the largest portion of the tract originally purchased had passed from Mr. Symmes, and was claimed by others, many of whom were residing on and improving the land. The towns of Middletown, Franklin and Dayton had been laid out and

1796 went to Philadelphia. He took with him about one hundred thousand dollars in money to pay to the government, and induce them to recognize the obligation of his contract, and spent the winter there in fruitless attempts to induce them to receive the money. The government held that the arrangement of 1792 was a final adjustment of all his claims. Finding that there was not the most distant hope of success, Judge Symmes abandoned his claim in despair, leaving the purchasers whose lands were not covered by his patent to seek the best remedy in their power. In this situation they found themselves completely in the power of the government, and liable to be driven out at any moment. They presented their case to congress, and prayed relief. In 1799 an act was passed in their favor. This law secured to all persons who had made written contract with Judge Symmes prior to April 1, 1799. and whose lands were not comprehended in his patent, a preference over all others at two dollars per acre. Io 1801 an amendatory law was passed, extending the right of pre-emption to all who had purchased and made written contracts previous to the first day of January, 1800. Outside of the land patents granted to settled; mills had been erected, homes built John Cleves Symmes and his associates, the and orchards planted. In fact, for miles first record there is of lands transferred in north of the patent line the country was as territory now embraced in Butler county is thickly settled and as well improved as it found in a record of Hamilton county, of which Butler was then a part. We beg the pardon of the reader if these musty documents are jejune, but it is necessary that some of them be quoted, to lay a foundation, as the lawyers would say, for what is to follow.

In October, 1795, transfers of lands were made by John Cleves Symmes to S. Johnson, G. Sutton, I. N. Cummings and Benjamin Ludlow. Those transactions all took place on the 23d and 24th days of that month. They bear the signatures of the grantors, John Cleves Symmes and Susan his wife, and of Aaron Caldwell, one of the common pleas judges of the territory, and the deeds were acknowledged before Richard Young and John O. Cannon, justices of the peace in Woodford county, Kentucky. In November of the same year further transfers of property were made, wherein Jonathan Dayton and Daniel Marsh acted in behalf of John Cleves Symmes, and it appears from the frequency of transfers on the record that the fall of 1795 was the time when active settlement of the Miami began.

It was natural 'that such should be the fact. Settlers had been fearful of life ancl property up to 1793. While the Indians had never made a fighting ground of this valley, through fear of Boone. Kenton, and the Indian fighters of Kentucky, yet the strip between the two Miamis was debatable territory which few cared to occupy. Little Turtle's defeat of St. Clair made this section still more insecure, and after Wayne's victor}' in 1 793 it took fully two years to assure the pioneers that that victory had secured the fair land they desired beyond all molestation.

and forty acres in Fairfield township, section 18, town 2, range 2. This property will be better located if the late owners are named as having been in succession Philip Hughes, F. R. Vinnedge, Jonathan Combs and James Beatty. This tract was sold at that time for, as the deed runs, "four hundred and twenty-six dollars, in certificates of debts due from the limited states to him in' hand well and truly paid by the said Samuel Johnson, the receipt whereof the said John Cleves Symmes doth hereby acknowledge, and thereof and thereupon doth clearly acquit, exonerate and discharge the said Samuel Johnson," etc. It would seem from the careful drawing of the deed that United States certificates of debts did not stand high in the market.

The second transfer to G. Sutton and others of the north half of section 15, town 3, range 2, being lands in Union township, and portions of which have been lately owned by Daniel Jones, Alonzo McGrew, Perry Snider and J. P. P. Peck.

The fourth sale was to Richard Runyan, and comprised section 24. town 2, range 2, being lands lately or now owned by J. B. Gilmore, James Beatty, Wilson J. McGreevev and others..

The fifth transfer, to J. N. Cummings, is for the fourth, the tenth, and the seventeenth sections, in town 2, range 2, and is for the consideration of "eighteen hundred liquidated certificate dollars." This indicates clearly a difference between the money in which the other lands were paid for as compared with that tendered for these lands. It is evident that there was a class of preferred securities, for one is mentioned as a "certificate of debts," and the other a "liquidated certificate dollars." Part of this prop- erty lies in what is now the village of Port Union, being a portion of section 4. Section 10 has lately been owned by Christian Moerlein, lames Beatty, the Cincinnati Ice Company' Philip Hughes, and others. Section 17 is the property in the same neighborhood, now owned by the Ice Company.

In the deed made by Israel Ludlow to Daniel Harrigan. conveying certain lands which will be described hereafter, we get a record of the exact sum which Judge Symmes and his coadjutors paid for the Miami purchase. It reads:

"The President of the United States did. conformably to the powers and authority in him vested, and in consideration of the pavments therefore made into the treasury of certificates and military warrants equal in value to $165,693.42.

The conveyance to Harrigan embraced 248,540 acres, and as a refunder to Judge Symmes $42,897 were placed to his credit on the treasury books.

On the 24th clay of March, 1803, the general assembly of the state of Ohio passed "An act for the division of the counties of Hamilton and Ross," by which act the county of Butler was established, comprehending the country included within the following boundaries : Beginning at the northeast corner, of section number seven, in the third township of the second range in the Miami purchase; running thence west to the state line ; thence north with the state line to a point due west from the middle of the fifth range of townships of the Miami purchase; thence east to the Great Miami river; and bounded on the east by the Miami river

The southern boundary of the county, as established by this act, was a west line from the place of beginning. This line, when run. passed through the tier of sections south of the present boundary line, dividing farms, and struck the Miami river in the Coleram bend, about a mile south of the present, county line. To remedy this inconvenience, the legislature passed a law on the 20th of January. 1808. to establish the line between Hamilton and Butler counties. By this act the line was established, beginning at the southeast corner of Butler county, as mentioned in the first act: thence westwards along the line of the tier of sections to the Great Miami river: thence down the Miami river to the point where the line of the next original surveyed township, on the west side of the river, strikes the same: thence west along that line to the western boundary of the state.

On the 15th day of February, 1808, the legislature established the county of Preble, and made its south boundary a line beginning at the southwest corner of the sixth township in the first range east of the meridian drawn from the mouth of the Great Miami river (the northwest corner of the college township); .thence east along the township line to the range line between the third and fourth ranges; thus cutting off from the county of Butler, on the north, about one tier and a half of sections. The north boundary line of Butler county, as originally established, struck the Miami river on the west side, about two miles above the town of Franklin, opposite where the protection wall, on the east side of the river above Vanderveer's mill, has since been made, at the time the Miami canal was constructed. On the 30th of January, 1815, the legislature passed a law attaching that part of Butler county which lay within the first and second fractional townships in the fifth range to the county of Warren, and which now comprehends that portion of Franklin township, Warren county, lying west of the Great Miami river; thus reducing the county of Butler to its present dimensions.

This county was named Butler after General Richard Butler, a heroic soldier of the Revolution. He distinguished himself on more than one occasion in a remarkable manner. He was a native of Pennsylvartia, and was one of a family of brothers who were active in the Revolutionary struggle. He lost his life in the memorable defeat of St. Clair by the Indians, as is told more fully elsewhere.

At the same session that the county of Butler was established by the legislature, a resolution was passed on the 15th day of April, 1803, appointing James Silvers, Benjamin Stites. and David Sutton commissioners to examine and select the most proper place for the seat of justice of Butler county.

These commissioners, having given twenty days notice of their time and place of meeting, met at the town of Hamilton early in the month of July, 1803, and having taken an oath, as required by the law establishing seats of justice, proceeded to the duties incumbent on them. Several places were proposed to the commissioners as eligible sites for the seat of justice. Amongst the most prominent of them was a beautiful situation immediately on the west bank of the Miami river, about four miles above the town of Hamilton, called the "High Bank tract," then owned by William McClellan and George P. Torrence, adjoining to where the late John Wilson formerly lived.

A company, composed of Jacob Burnet, John Sutherland, Henry Brown. James Smith and William Ruffin, owned a large tract of land on the west side of the Miami river, opposite the town of Hamilton, including the situation where the town of Rossville (now known as West Hamilton) was afterward laid. They proposed the ground where Rossville now is as an eligible site for the seat of justice.

I will give for the use of the county a square for public buildings, agreeably to the plan recorded of the town of Hamilton; also a square for the church and burying-ground. consisting of eight town lots, together with the commons in front of the town, for public uses - such as boat-yards, etc. - in case the honorable commissioners should conceive the town of Hamilton a convenient and suitable place for the seat of justice; and will also pay two hundred dollars toward the erection of a court house.

The commissioners having examined the different places proposed, after due deliberation decided in favor of the town of Hamilton as the most eligible place for holding the several courts, accepted the proposition of Mr. Ludlow, and established the seat of justice at Hamilton, of which they made report to the court of common pleas, then in session, on the 15th day of July, 1803.

ary, 1804, before complying with the proposition made to the commissioners. However, afterwards Charlotte Chambers Ludlow, John Ludlow and James Findlay, surviving administrators of Israel Ludlow, petitioned the court of common pleas of Butler county for leave to complete the contract, on which the court rendered a decree at the December term, 1808; in pursuance of which decree the administrators paid to the county of Butler the sum of two hundred dollars, and executed a deed for the square of ground at present occupied by the courthouse and public buildings, being in-lots Nos. 95, 96, 97 and 98, in the town, and also a square for the burying-ground, being in-lots Nos. 13, 14, *5- *6, 29, 30, 31 and 32.

The first associate judges' appointed by the legislature for the county of Butler were James Dunn, John Greer and John Kitchel. They met at Hamilton on the 10th day of May, 1803, and held their first court of quarter session at the house of John Torrence, who then kept a tavern in the house standing on the corner of Dayton and Water streets, on lot No. 132. This house is still standing. and until recently was owned by the late Henry S. Earhart. who occupied it as a family residence for many years. Tt was built by John Torrence, and was the first frame building erected in the town of Hamilton outside of the garrison. Although this house was built about one hundred and ten years ago, the framework is as solid and firm, apparently, as it was half a .century since. The siding or weatherboarding was of black walnut, and was sawed by means of a whip-saw. Every nail used in putting on the siding and roof was made to order by a blacksmith then residing in

Hamilton. The judges at this session appointed John Reilv their clerk pro tem.. divided the county into five townships, and ordered an election to he held in the several townships on the ist day of June then next, for the election of a sheriff and coroner for the county of Butler, to serve until the general election in October.

On the ist day of June, 1803, the associate judges commenced the second session of the court of quarter sessions at the same place in Hamilton.- At this session a statement of votes given for sheriff and coroner at the election held on the ist day of June was returned to the judges, by which it appeared that James Blackburn was elected sheriff and Samuel Dillon coroner.

The first regular term of the court of common pleas for Butler county, at which cases were tried, was commenced on Tuesday. the 1 2th day of July, 1803, at the house of Tolin Torrence, in Hamilton. The court was composed of Francis Durilevy, president judge; James Dunn, John Greer, John Kitchel, associate judges Daniel Symmes, prosecuting attorney for the state; James Blackburn, sheriff; John Reily, clerk. The grand jury, being the first impaneled in the county of Butler, were : David Enoch, foreman, James Watson, John Scott, Samuel Dick, William Crooks, James Scott, Matthew Richardson, Robert Lytle, Moses Vail, James McClure. Andrew Christy, Benjamin Line, Solomon Line, John McDonald.

At this term John Reily was appointed clerk of the court of common .pleas ; July 13. l8°3, James Heaton was appointed county surveyor for the county of Butler; July 1803. Joseph F. Randolph was appointed county treasurer; and on the same day the court made an order that the building lately

The first term of the supreme court of the state of Ohio for Butler county was held at Hamilton on the nth day of October, T$°3> by Samuel Huntingdon and William Sp rigg, judges; John Reily,* clerk; Arthur St. Clair, prosecuting attorney for the state; William McClellan, sheriff.

Beginning at the bank of the Miami, on the eastern side, at the place where the south boundary line of the county strikes the same; thence east with the southern boundary line of the county to the southeast corner of section No. 14 of the second township of the second entire range; thence north to the Great Miami river; thence southwest ward ly down the same to the place of beginning. Two justices were assigned.

Beginning at the southeast corner of section No. 14 of the second township in the second entire range on the south boundary line of the county ;. thence north to the Great Miami ; thence northeastwardly up the Miami to the northern boundary of fractional section No. 10 of the second township in the third or military range; thence east to the eastern boundary of the county ; thence south with the eastern boundary of the county to the southeast corner thereof; thence west with the southern boundary of the county to the place of beginning. Two justices. -

Beginning on the west bank of the Great Miami, at the southwest corner of fractional township No. 1 in the fourth range west of the Miami; thence north to the northern boundary of the county ; thence east with the northern boundary line of the county to the northeast comer thereof; thence southwestwardly and south with the eastern boundary of the county to the southeast corner of section No. 11, township 3, in the third entire range; thence west to the Miami; thence south westwardly down the Miami to the beginning. Two justices.

Beginning on the west bank of the Miami at the southwest corner of the fractional township No. 1 of the fourth range west of the Miami; thence north to the northern boundary of the county; thence west to the northwest corner of the county ; thence south to the southwest corner of the township No. 4 of the first range west of the Miami; thence east to the Miami ; thence northeasterly and northwestwardly up the Miami to the place of beginning. Two justices.

Beginning oik the west bank of the Miami at the northeast corner of fractional township No. 1 of the third range west of the Miami ; thence west to the western boundary of the county; thence south to the southwest corner of the county; thence east with the southern boundary of the county to the Miami ; thence northeastwardly up the Miami to the place of beginning. One justice.

incorporation of townships. (Laws of Ohio, volume II, page 93.) This law empowered the commissioners of the county to alter the boundaries of townships, and to set off new townships. At a meeting on June n, 1804, consisting of the following persons, Ezekiel Ball, Matthew Richardson and Solomon Line, John Reily was appointed their clerk.

"Ordered, that the following tract of land and country, now part of St. Clair township, in the county aforesaid, to wit: Beginning at the southeast corner of the third township of the third range west of the Miami; thence north with the eastern boundary line of said third range to the north boundary line of the county; thence west with said northern boundary line to the west boundary line of said third range; thence south with the said last-mentioned line to the southwest corner of the aforesaid third township in the third range aforesaid; thence to the place of beginning - shall compose a township to be called and known by the name of Wayne township."

At the same session of the same -commissioners, on a petition of the inhabitants of St. Clair township, it was "ordered, that the following tract of land and country, now part of St. Clair township, in the county aforesaid, to wit: Beginning at the southeast corner of the fifth township of the second range west of the Miami; thence north with the east boundary of the said second range to the north boundary of the county; thence west with the northern boundary line to the northwest corner of the county ; thence south with the western boundary line of the county to the southwest corner of the fifth township in the first range ; thence to the place of beginning, - shall compose a township which shall be called and known by the name of Milford township."

December 7, 1807, on the meeting of James Blackburn, Matthew Richardson and James Smith, commissioners, on a petition of some of the inhabitants of St. Clair township, it was "ordered, December 8, 1807, that so much of the township of St. Clair as lies within the following boundaries, to wit: Beginning on the western boundary line of the county at the southwest comer of the fourth township in the first range; thence east with the township line to the southeast comer of the section numbered 32 of the fourth township in the second range: thence north with the sectional line to the north boundary line of the said fourth township in the said second range; thence west with the township line to the western boundary line of the county aforesaid; thence south with the same to the place of beginning, - shall compose a township which shall be called and known by the name of Reily township." Election to be held at the house of Henry Burget on the 2d day of January, 1808, for electing township officers.

May 7, 1810, at a meeting of James Smith, James Blackburn and William Robison, commissioners, on petition of some of the inhabitants of Lemon township, it was ordered, that so much of the said township of Lemon as lies within the following boun- claries, to wit : Beginning on the west bank of the Miami at the southwest corner of township No. i of the fourth range ; thence north with the western boundary line of the said fourth range to the boundary line of the said county of Butler; thence east with the said northern boundary line to the Miami; thence south and southwardly with the meanders of the Miami to the place of beginning, - shall compose a township which shall be called and known bv the name of Madison township." Election to be held at the house of Jacob Kemp on the 19th of May, t8io, for the election of township officers.

March 4, 1811, at the meeting of James Blackburn, William Robison and John Wingate, commissioners, it was "ordered, that so much of the township of Ross as lies within the following boundaries, to wit : Beginning at the southwest corner of the county of Butler; thence north with the western boundary line of the said county to the northwest comer of township No. 3 of the first range east of the meridian line drawn from the mouth of the Great Miami river; thence east with the northern boundary line of the same township to the northeast corner thereof; thence south with the eastern boundary line of the same to the south boundary line of the county of Butler aforesaid; thence west with the said southern boundary line to the place of beginning, shall compose a township which shall be called and known by the name of Morgan township." Election to be held at the house of William Jenkins on the first Monday of April, 1811, for the election of township officers.

August 5, 1811, at a session of the same commissioners, on petition of inhabitants of Milford township, it was "ordered, that so much of the township of Milford as lies within the following boundaries, to wit: Beginning at the northwest corner of the county of Butler; thence south with the western boundary line of the said county of Butler to the southwest corner of township numbered five in the first range east of the meridian line drawn from the mouth of the Great Mi Ami river; thence east with the southern boundary line of the same township to the southeast comer thereof; thence north with the eastern boundary line thereof to the north boundary line of the said county of Butler ; thence west with the same to the place of beginning, - shall compose a township which shall be called and known by the name of Oxford township." Election to be held at the house of Sylvester Lyons on the 24th day of August. 1811, for the election of township officers.

At the meeting of the board of commissioners December 2, 1811, William Robison, John Wingate and James Blackburn being present, on petition of the inhabitants of Reily and St. Clair tovynships, it was "ordered, that so much of the said townships as lies within the following boundaries, to wit: Beginning at the southeast corner of the surveyed township No. 4 in the second range east of the meridian line drawn from the mouth of the Great Miami river; thence north to the northeast comer of the same township; thence west to the northwest corner thereof: thence south to the southwest corner thereof ; thence east to the place of beginning, - shall compose a township which shall be known and designated by the name of Hanover township." Election to be held at the house of Aaron Sacket on the 2 1 st day of December, 1811, for the election of officers.

the division of Liberty township, ordered that the prayer of said petition be granted, and that the new township be called by the name of Union township, and that an election l>e held," etc. No boundaries given.

This seems to be the only record of the matter preserved in the books of the county commissioners. Union was the last township erected, except Hamilton. That was so made after its erection as a city and union with Ross vi lie.