Defiance County, Ohio - Chapter 11: Orgaxization" of Defiance County, 1883

Chapter 11: Orgaxization" of Defiance County

IT was not until the years 1835-86 and 1837 that the great bodies of land in Williams County were entered, and these entries were made mostly by speculators in lai'ge quantities. In 1836, by the settle ment of the Michigan boundary question, about 150 square miles were added to the north end of Williams, and the village of Defiance became more a border town than it was before. Various speculators owning large tracts of land began to agitate the question of removing the county seat. A lai-ge number of villages were platted about this time, and the aspirants for the possession of the county seat were many, among which may be mentioned Washington, Union, Texas, Brunersburg, Freedom, Center, Lafayette and Evansport March 13, 1839, a resolution was passed by the Legislature, submitting to the votei'3 of Williams County the question of reviewing the seat of justice. It received a lai-ge majority vote and three Commissioners, consisting of Joseph Burns, of Coshocton County, Joseph McCutehen, of Crawford County, and James Curtis, of Perry County, were appointed to locate the county seat. In July, 1846, Bryan, which was then covered with a dense wilderness, but at or near the center of the county, was selected. The dissatisfaction of Defiance was great, and projects of a new county with it as a county seat were talked of. It was a Democratic ^Legislature that removed the county seat and the members of that party were usually averse to the organization of new counties. In 1864, when the Whigs obtained control of the Legislature, several of the prominent citizens of Defiance, but chiefly William C. Holgate and Horace Sessions, determined to make the eflbrt to secure a new county. December 4, 1844, a petition was drawn up and presented to the citizens for signatures, and a remonstrance was also extensivelv cir- culated by the enRmies of the project. The opposition was carried to the halls of the Legislature after a short struggle, but the bill was passed, March 4, 1845, just three months after the petition was first circulated. In the House the majority for the bill was twelve votes, in the Senate, two votes.

Section 1. Be it enacted by the General Assembly of the State of Ohio, That such parts of the counties of Williams, Henry and Paulding, as are embraced in the boundaries hereafter described, be and the same are hereby erected into a separate and distinct county, which shall be known by the name of Defiance, to wit: Beginning on the Indiana State line where the line between Townships 5 and 6 north, in Williams County, intersects said State line; thence east on said township line to the east line of Range 5; thence south on said range line to the north line of Putnam County; thence west on said Putnam County line to the east line of Paulding County; thence north on said Paulding County line to the point where the section line, between Sections 13 and 24, Township 3 north. Range 4 east, intersects said county line; thence west on section lines to the west line of said township; thence north on said township line to the present south line of Williams County; thence west on said Williams County line to the Indiana State line; thence north on the Indiana line to the place of beginning.

Sec 2. The seat of justice within and for said county of Defiance shall be and is hereby fixed and permanently established at the town of Defiance.

Sec. 3. That all suits, whether of a civil or criminal nature, which shall be pending within those parts of the counties of Williams, Henry and Paulding, so set off and erected into a new county, previous to the first Monday of April, 1845, shall be prosecuted to final judgment and execution within the counties of Williams, Henry and Paulding, respectively, in the same manner as though the said county of Defiance had not been; and the officers of said counties, respectively, shall execute all such process as shall be necessary to carry into efiect such suits, prosecutions and judgments, and the collectors of taxes for the said counties, respectively, shall collect all taxes that shall be levied and unpaid, within the aforesaid portions of their respective counties, at'the time of the passage of this act.

Sec. 4. That all Justices of the Peace and other township officers within those parts of the counties of Williams, Henry and Pauling, which by this act are erected into the county of Defiance, shall continue to exercise the functions and discharge the duties of their respective offices, until their time of service shall expire, and until their successor shall be elected and qualified, in the same manner as if they had been elected or commissioned for the county of Defiance; and all writs and other legal process within the territory hereby erected into the county of Defiance, shall be styled as of the county of Defiance, on and after the first Monday of April, 1845.

Sec 5. That the Commissioners of Paulding County shall have power, immediately upon the passage of this act, to attach the south half of Auglaize Township to any adjacent township of said county^ or to organize said half township into a separate township, and to add any adjacent territory to the same, if they shall deem it expedient, just and proper to do so; which power shall extend to the Commissioners of Defiance for the purpose of disposing of the north half of Auglaize Township.

Sec 6. That the Associate Judges of Defiance County shall have power to appoint a time for the holding of an election to fill such county offices in said county as they shall deem necessary, which election shall be notified and conducted in the same manner prescribed in the act to regulate elections; and the county officers, so elected, shall hold their offices until the next annual election, and until their successors are elected and qualified.

Sec 7. That such portion of the territory of Williams County as is by this act included in the county of Defiance, shall stand charged and be liable to said county of Williams, for the debts of said Williams County, in the proportion the total valuation of the taxable property, as charged upon the tax duplicate of said county at the time of the passage of this act, in said territory so included in Defiance County, bears to the valuation of the taxable property left in said Williams County; provided said territory shall not be liable for the payment of any por tion of said debt of Williams County, that has been contracted or incurred by the removal, location or establishment of the seat of justice of said Williams County at Bryan, or by the erection of, or preparation to erect, public buildiugs at Bryan.

Sec. 8. That for the purpose of ascertaining the just and true amount of said debt, chargeable in the manner specified in the preceding section, upon said territory, taken from Williams County, the County Auditor of Williams County is hereby required to furnish the County Commissioners of the county of Defiance a full and true statement of the debt of Williams County, specifying the time and the manner in which and the object for which said debt was contracted or incurred; also a statement of the amount of taxes of said territory which have been used, or appropriated, to the expenses of removal or establishment of the seat of justice at Bryan or in the erection of or preparation to erect public buildings, and also a statement of the total valuation of the taxable property of said territory as taken from Williams County and of that remaining in Williams County respectively, which said statement the said Auditor shall furnish said Commissioners on or before the first Monday of August next, verified by his oath; and the County Commissioners of said county of Defiance, upon the receipt of the said statement and upon being satisfied of their correctness, are hereby authorized, from year to year, to levy upon the taxable property v?ithin said tett'itory so taken from Williams County, such taxes as may be necessary for the payment of the indebtedness of said territory, so ascertained ; and in anticipation of the said payment, to issue orders upon the Treasurer of the county of Defiance, payable with interest to the order of the Commissioners of Williams, vyithin ten years from the passage of this act to the full amount of such proportion of said debt.

Sec. 9. The territory by this act, taken from Hem-y and Paulding Counties, and included in said county of Defiance shall stand charged and be liable to the respective coiinties from which said territory is taken for the debts of said counties, in the same proportion, upon the same terms, and under the same provisions as by the seventh section of this act, the territory taken from Williams County is made liable to said Williams County; and the same regulations and provisions, provided in the eighth section of this act, for ascertaining and liquidating the proportion of the debt of said Williams County, charged upon the territory taken from said county, shall extend and apply with equal force and effect to the counties and county officei's respectively of Henry and Paulding Counties.

Rejoicings At Defiance

The citizens of Defiance, having been deprived of the county seat of AVilliams a few years previous, were greatly rejoiced to again become the residents of the seat of justice. A celebration of the erection of Defiance County was held at " Old Fort Defiance " on the afternoon of Thui-sday, March 13, 18-i5. Notwithstanding high waters and bad roads, the people of the new county thronged to Defiance in large numbers to rejoice with each other over the fortunate event. In the evening the shops and stores were illuminated and bonfires were kindled in public places by enthusiastic and happy citizens. At 8 o'clock a vast concourse repaired to the Exchange Hotel and partook of a sumptuous banquet which there awaited them. Judge Pierce Evans was made President of the assembly. Dr. Jonas Colby, Vice President, and Horace Sessions, Secretary. Appropriate resolutions were drafted and read, and the exultation of the assemblage found expression in the response to many toasts. Music, gayefcy and dancing terminated the joyous occasion at 2 o'clock in the morning.

At the next session of the Legislature, the friends of Williams County made strenuous but unsuccessful efforts to have the action of the Legislature organizing Defiance County repealed.

Milford, Hicksville, Farmer, Mark, Washington, Delaware, TifiSu, Noble and the upper part of Defiance Townships were taken from Williams County; Adams, Richland and Highland Townships from Henry County, and the lower part of Defiance Township from Paulding County.

Court House

After the erection of Defiance County, the first term of court within the newly made county opened April 2, 1845, in a brick schoolhouse which stood on Lot 2. Block 5, in the First Addition of Defiance, on Wayne street. Proceedings were at once instituted to erect a court house, and in a short time a brick edifice was completed on the site of the present court house. It cost about $7,500, and in its day was considered as a handsome and very creditable structure. The court room was on the first floor, with the county offices above. The building was considered defective, and during the years 1871-72-73 the present court house was constructed at a cost of about $72,- 000. It is a handsome specimen of Franco- American architecture, and reflects credit alike upon its builders anel architects. It fronts west, has an entrance on the south, and is three stories high, with the Mansard roof. The building is made of Philadelphia pressed brick, with iron and stone trimmings. From the tower, which rises to the height of 125 feet, the view presented is worth the efibrt made to obtain it.

The present brick jail was erected shortly before the court house. The jail it replaced was also of brick and occupied the same site. For a time after the erection of Defiance County, its prisoners were confined in the Henry County Jail until one could be built.

Ohaptee Xti County Officials

AT the first term of court in Defiance County, April 2, 1845, Patrick Goode was Presiding Judge, Andrew 0. Bigelow, William O. Ensign and James S. Greer, Associate Jadges; and Orlando Evans, Clerk. April 3, 1845, the court appointed as County Commissioners, Lyman Langdon and Jonas Colby, who were sworu in by Israel P. E. Wheden, Justice of the Peace, and held their first session April 5, 1845. Edwin Phelps was appointed Auditor. The first school examiners were G. W. B. Evans, Edwin Phelps and Horace Sessions. The first papers filed for naturalization were by David Kavverman. Samuel C. Sullivan and Elizabeth Williams were the first couple married in the new county, June 12, 1845.

Townsend; 1854, Miller Arrowsmith; 1857, John Arrowsmith, who served to 1859, when he was elected Auditor, and John W.Wilson was appointed to fill his unexpired term; 1860, John W. Wilson, was elected, and in 1861 he enlisted in the United States service and the county was without a surveyor; 1863, David Hunter was elected; 1866, David Hunter; 1869, John

Evans. In May following he was appointed for a term of seven years, to 1852. In October, 1851, William Richards was elected and served from 1852 to 1858; October, 1857, Edward Phelps was elected and served from 1858 to 1867; F. W. Graper from 1867 to February 24, 1873, ^t which time he died, and Edwin Phelps succeeded him, commencing March 3, 1872, and served to 1879. He was Clerk of Williams County from 1839 to 1844, Defiance being the county seat at that time; October, 1878, John D. Lamb was elected and served from 1879 to 1882; October, 1881, J. P. Cameron was elected and entered upon the duties of the office February 9, 1882; his term will expire February 9, 1885.

Commissioners - The first Commissioners of Defiance County were Jonas Colby and Lyman Langdon, who were appointed by the Court of Common Pleas April 3, 1845, and served until the Ist day of December, 1845.

The first Commissioners elected were John A. Garber, Robert M. Kells and Ira Freeman, and having drawn lots, Ira Freeman drew for the term of one year, Robert M. Kells for the term of two years and John A. Garber for the term of three years.

Infirmary Directors - This Board was organized in 1868, with the following members: Peter Gares, for one year; G. C. A. Greeuler, for two years; Richard Knight, for three yeai's.

Levi Mock was appointed Superintendent of the Infirmary in 1869 and served five years. J. H. Smith was appointed in 1875 and served four years, when J. M. Phillips received the appointment and is now acting in that capacity.

Defiance Infirmary Farm - The farm contains about 200 acres and is partly in Tiffin and partly in Noble Townships. It is a good farm and finely located. Mr. James Phillips is the Superintendent. The farm cost about 113,000, and the buildings about $4,000, making the entire cost about 117,000. The labor of the paupers makes the farm nearly self-supporting.

State Representatives - Since the creation of Defiance County, the districts of which it has formed a part have been represented in the State House of Representatives as follows: 1845-46, Horace S. Knopp, of Putnam; 1846-47, Benjamin F. Metcalf, of Putnam; 1847-48; Nathan M. Landis, of Defiance; 1848-49, Charles P. Edson, of Van Wert; 1849-50, Sidney S. Sprague, of Defiance; 1850-51, William H. Snook, of Paulding; 1852-54, Thomas S. C. Morrison, of Williams; 1854-56, Erastus H. Leland, of Defiance; 1856-58, Schuyler E. Blakeslee, of Williams; 1858 -60, W. D. Haymaker, of Defiance; 1860-62, Calvin L. Noble, of Paulding; 1862-64, Philetus W. Norris, of Williams; 1864-66, John W. Ayres, of Paulding; 1866-70, Elisha G. Denman, of Williams, and William D. Hill, of Defiance; 1870-74, Levi Colby, of Paulding; 1874-76, Hemy Hardy, of Defiance; 1876-78, Asa Toberen, of Defiance; 1878-80, Henry Hardy, of Defiance; 1880-82, Benjamin Patton, of Defiance; 1882-84, Lewis S. Gordon, of Paulding.

Senators - A.' P. Edgerton was State Senator from Defiance from 1845-47, two terms; John Taylor, for two terms fi'om 1852-56; William Carter, 1868-70; and Elmer White at present represents this district.

Congressman - A. P. Edgerton was a member of the Thirty-second Congress fi-om 1851-55. William D. Hill was elected to the Forty-seventh Congress in 1878, and in 1882 to the present Congress.