Erie County, Ohio - Chapter 3: Erie County - Its Erection and Organization, 1916

Chapter 3: Erie County - Its Erection and Organization

The earliest indication of a division of Huron County, that might have been discovered by the far-seeing, was the springing up of a spirit of jealous rivalry between Sandusky and Norwalk. This feeling was developed at an early day and increased steadily up to and beyond the time when Erie County was set off from Huron, though the main cause of its fostermg was removed when Sandusky became the county seat. of Erie. There were other and more potent forces in operation, however, which tended toward the division of the territory. There was a desire for the formation of new counties in several localities, notably in the southern part of Huron and the northern part of Richland, where a strong movement was on foot for the erection of a new county from the territory of the two named, to be known as Plymouth. This scheme was urged with considerable energy by the people of New Haven (then a thriving village), and of Paris (now Plymouth), between which places, had a new county seat been set off, there would have been a warm competition for the ''honors and emoluments'"' of the county seat location. Had not Erie been set off from the northern part of Huron, some of the territory of the southern part would, in all probability, have been set off for the erection of the proposed County of Plymouth.

The act for the erection of Erie County was introduced in the Ohio Legislature in the session of 1838, and was the subject of much argument pro and con in the public prints of the territory more or less interested

Petitions and remonstrances, the usual recourse of the public, were submitted to the Legislature, showing the reasons for and against the erection of the county. The report of the standing committee of the Senate, session of 1838, on new counties, comments at length upon these expressions of the people's will. A brief synopsis of this report gives an exhibit of the causes that led to the formation of Erie County. The petitions praying for the erection of the county were signed by 1,250 persons, all of whom were said to reside in the boundaries of Huron and Sandusky counties and within the boundaries proposed for the county of which the act under consideration contemplated the erection. In addition to these there was another petition containing the names of forty-six persons, who expressed a preference for Erie over Ottawa County. These petitions represented that the counties of Huron and Sandusky were larger than necessary; that they had an unusually good soil; were capable of sustaining an unusually dense population; contained many flourishing towns and villages, and were being rapidly settled by an industrious and enterprising class of people. It was also represented that the judicial business of Huron County required annually three terms of the Court of Common Pleas, of from three to five weeks' duration, and that there was every prospect of an increase in the same. The consequent delay and inconvenience arising to suitors, and the great distance of those residing on the peninsula and the islands from the seat of justice, and the fact that a large amount of the legal business of Huron County originated near the lake, were among the strongest reasons urged in favor of erecting the new county. .

The remonstrances were signed by 1,500 persons, ''excluding the names that were found appended more than onee.'' Of these, 1,050 were represented as residing in Sandusky County, and 450 in the County of Huron. More than 450 of those from Sandusky lived within the territory which it was proposed in the bill to attach to the new county. The reasons urged against the erection of Erie were various, and differed according to the location of the remonstrants. From Sandusky it would take several of the most fertile and densely settled townships, by which the taxes of the people residing in other parts of the county would be greatly increased; the seat of justice would be thrown near the southeast corner of the county, and before many years would require to be moved from its present location, causing difficulties and embarrassments to the people. It was further represented that the inhabitants of the peninsula were compelled to cross the bay when required to visit the (then) present seat of justice, and that by the erection of Erie County, as proposed, they would, though being nearer the seat of justice, still be compelled to the inconvenience of crossing the bay, which was sometimes both difficult and dangerous. Most of the remonstrances were circulated after the bill had passed the Senate, the remonstrants alleging that its passage caused their first knowledge of the measure.

The committee closed its report with the recommendation that, as it was by no means certain that the spirit of the act was in accordance with the wishes of a majority of the people interested in the erection of the new county, no action should be taken until there had been further consideration of the matter.

The act, after having been sent back and forth from the House to various committees, and being variously reported upon; was finally passed March 15, 1838.

Man Agt

'Section 1. Be it enacted by the General Assembly of the State of Ohio. That such parts of the counties of Huron and Sandusky as are embraced in the boundaries hereinafter described, be and the same are hereby erected into a separate and distinct county, which shall be known by the name of Erie, and the seat of justice in and for said county shall be, and is hereby fixed and established at Sandusky City, to wit: Beginning at a point on the east line of Oxford Township, in the County of Huron, one mile north of the southeast corner thereof; thence northerly on the said east line, and in the same direction, to the Canada line; thence westerly along.said Canada line, to a point therein directly opposite the west line of the Township of Portage, in Sandusky County; thence southerly, parallel with the east line of said Sandusky County to the northwest corner of the Township of Townsend, in Sandusky County ; thence east, to the west boundary of Huron County; thence south, on said west boundary of Huron County, to a point one mile north of the south line of the Township of Groton, in said Huron County; and from thence to the place of beginning: Provided, and it is hereby declared, that if the east line of said County of Erie, as above described, will not include the whole of Cunningham's Island, in Lake Erie, then, and in that case, said line shall be so far varied from the south shore of said lake to the said Canada line that it will embrace the whole of said Cunningham's Island.

See. 2. That the said County of Erie be; and remain attached to the counties from which it is detached, until the same shall be organized by the Legislature. **C, ANTHONY,

The act for the organization of Erie County was passed March 16, 1838. It provided for the holding of an election in the following May, and that all justices of the peace and constables, residing within the territory taken from the counties of Huron and Sandusky and embraced within the limits of Erie County, should continue to discharge their duties until their terms should expire, and that suits begun in court before the taking effect of the act should proceed and be prosecuted as though the act had not been passed. The county was by the power of this act attached for judicial purposes to the Second Judicial Circuit.

"See. 5. Be it enacted, etc., That all that territory in the County of Huron, north of the north line of the townships of Wakeman, Townsend, Norwalk and Lyme, which includes the townships of Vermillion, Florence, Berlin, Milan and Huron, and also a strip off the south side of the townships of Oxford and Groton, one mile in width, be, and the same is hereby attached to the County of Erie.''

On the fourth day of April, 1838, the first court of Erie Common Pleas was held. Present, Judges Moors Farwell, Nathan Strong and Harvey Fowler. The business of the first day, as given on No. 1 of the dockets of the court, was as follows: poimted clerk pro tem. of this court. And thereupon said Zenas W. Barber appeared in open court, and, having executed and filed a bond to the State of Ohio, in the penal sum of $10,000, bearing date the 4th day of April, 1838, with John G. Camp and Oran Follett his sureties, conditioned according to law, which is approved by the court, took the oath of office required by law.''

''Tt is ordered by the court that the Rev. Alvin Nash, the Rev. Thomas H. Quinan, E. B. Sadler, Esq., be, and they are hereby. appointed school examiners for the County of Erie, in pursuance of an act for the support and better regulation of common schools, passed March 7, A. D.1838.''

The above, with the appointment of John G. Camp, Esq., as the guardian of Ebenezer B. Goodrich, constituted all of the legal business transacted the first day of the session of the first court of Erie County Common Pleas.

The County of Erie occupies a central position between the east and west boundary lines of Ohio, and has no especially distinguishing physical features. The surface, generally, is even, but here and there exist evidences of the fact that its whole surface was at one time covered with water; and that these waters, gradually receding, left what is known as a drift or sand ridge. These ridges, although not numerous, are found in several townships of the county.

The evenness of the surface of the land throughout the county is the rule, and the exceptions are few. The most marked depression exists in the Township of Huron, where a large area of the land surface lies below the water level of the lake, and is subject to overflow with a rise of the lake waters or those of the Huron River. Other than this there is comparatively little swamp land, and where this class has, in the past,

Erie County is bounded on the north by Lake Erie. But from this statement must be excepted Kelley's Island, which now forms one of the county's townships, and which is situate some sixteen miles from Sandusky City, according to the usual route of boat travel. It lies nearly due north from the city. The county is otherwise bounded, east by Lorain County ; south by Huron County, the bounding townships thereof being Lyme, Ridgefield, Norwalk, Townsend and Wakeman, and on the west by Sandusky County.

As originally created, the county contained eleven townships, but two years later Danbury was set. off to the formation of Ottawa County, as was Kelley's Island, but the latter was erected into a township while attached to Ottawa, and was at a still later day reannexed to Erie agreeably to the prayer of the petition of its inhabitants; therefore this island now forms a part of Erie County, although situate some sixteen miles distant therefrom.

Outside of the City of Sandusky there is no manufacturing except the cement industry at Castalia, the Hoover plant at Avery, and the flour mills at Venice. The remaining townships are devoted to the ordinary agricultural products, except the large grape industries in Margaretta Township and on Kelley's Island.

The first custom house was located at Danbury on the peninsula. Later the custom house was located in the building now occupied by Walther & Klenk at No. 516 Water Street. Then the custom house was removed to a small stone building then standing across the street from the last location. Then it took up its quarters in the present postoffice 'building.

The following gentlemen have been collectors of customs at Sandusky : Epaphras W. Bull, Peter P..Ferry, Moors Farwell, William H. Hunter, Elias H. Haines, William Patterson, John Youngs, Harlow Case, James A. Jones, George S. Patterson, John Youngs, John G. Pool, Clark Rude, John J. Finch, Pitt Cooke, W. H. Herbert, Ed H. Zurhorst, Charles A. Judson.

Prosecuting Attorneys Probate Judges

The location of the seat of justice of Erie County at Sandusky City was more the result of accident than otherwise. Some people are inclined to remember it as a providential act, while others, more practical, perhaps, have chosen to attribute its location at that place to good luck. Whichever may be correct is of no material importance now, but the incident at the time was of the most vital importance to the town.

Three places were presented to the consideration of the commission - Sandusky, Huron and Milan. The first - Sandusky - claimed it on the ground that that place was the metropolis of the county, having the greatest population, being more accessible, and having facilities of land and by water that were possessed by no other location. The people of Huron argued that their town was even better than Sandusky, their location equally central, their lake advantages better, and the site, by every necessary consideration, much more desirable than the others. Milan, or Abbott's Corners, sought through the efforts of the people of that neighborhood to impress the commissioners with the availability of their site, and not without sound argument. This had been for a short time the seat of justice of Huron County. It was more central than the other towns suggested, and was equally accessible by water through the canal, and more accessible by land as it lay nearer the geographical center of the county.

sites proposed, and it was while on this tour of investigation that the events occurred that turned the tide of sentiment in favor of the village of Sandusky. Milan, or Abbott's Corners, was out of the question. While at Huron, so it is said, the champions of that site showed the commissioners the beauties and natural advantages of the town and location, and endeavored to, and in fact did impress them favorably. The harbor was all it was represented to be, but unfortunately, while urging their own as the best location they correspondingly enlarged upon the disadvantages of Sandusky, so that when the commissioners came here they did so with a prejudice against it. And it is known that at least two of the three commissioners were in favor of Huron as against Sandusky. But while viewing the attractions of Huron and vicinity a hard wind storm, a genuine ''nor' easter,'' suddenly arose and blew the lake waters back into the channel of Huron River, thus flooding the locality, and for a time making it impossible for the worthy site finders to reach their hotel.

The trio next visited Sandusky, but as has been stated, with a prejudice against the place. There was in fact a somewhat unfortunate condition of affairs here regarding the lands. They were in dispute, and while there was no open rupture, there were threatenings of litigation in certain quarters, enough to make doubtful the feasibility of locating upon them the county seat. But at Huron the commission had been informed that the waters of the bay were shallow; too shallow to make Sandusky a safe, sung harbor for the lake vessels, and this was the objection in part raised by the Huron people. These objections were fixed in the minds of the commissioners, and were of such a nature as required evidence to remove.

But the same gale of wind that injured Huron had favored Sandusky. During its greatest severity the brig Julia Palmer had sought refuge in the bay of Sandusky, waters of which were swollen by the force of the wind, and when the next morning the commissioners looked from their hotel windows out upon the waters there stood, safely moored the brig. Where, then, was the objection raised by the Huron people? The Julia Palmer was one of the largest of the lake vessels, and still she rode safely. This fact, with a more potent influence, (a rare imported brand), brought to bear by Mayor Camp, soon settled the question in favor of Sandusky as the county seat of the county of Erie. But again, the land proprietors here, during the days in which the subject of erecting a new county was being discussed, were making provisions for the same and the consequent county buildings, as will-be shown by a promise in writing made by them in October, 1835, three years before the act creating the county was passed. It read as follows: ''The subscribers do hereby pledge themselves that in case a new county be organized with the seat of justice established at Sandusky, we will furnish all necessary public buildings for the use of said new county, free of all expense to the county for five years next following its organization.'"' Signed by John G. Camp, Thomas Neill, William I. Reece, Isaac Mills, Z. Wildman; all per J. G. Camp.

One of the first duties that devolved upon the board of commissioners was to make some provision for a building for the purpose of holding courts, and for quarters for county officers. The officers were chosen on the day fixed for the first election, May 7, 1838, and Samuel B. Carpenter, Nelson Taylor and William B. Craighill were elected commissioners; Hiram W. Conklin, auditor; William B. Smith, treasurer.

' The first Court of Common Pleas of the county was ordered by the Legislature to be held on the second Monday in December next following the time of the passage of the act that created the county and against this time the commissioners must provide a place for the holding thereof.

The First Courthouse. - There was built just west of the present high school, some years earlier than the period the events of which we have been discussing, intended at the time to be put to the uses of education, a stone building of fair proportions, two stories in height, but in 1838 in an incomplete state.

The stone building referred to was projected in part by the proprietors, and a part by the enterprising residents of Sandusky, who desired a commodious schoolhouse or academy in a central location. To its construction the people largely contributed. At the time of the location of the county seat this building was unfinished, only the lower floor being completed, in which school was held. It was this structure, then, that was proposed to be used for courthouse and county purposes.

The first term of court was held in December, 1838, as provided by the act of the Legislature organizing the county. And while this building was so used for a period of two years, or perhaps a little less, there was no move on the part of the proprietors to vest the title to the same in the county. This led to further discussion and agitation of the question of removal of the county seat to some other point; and, moreover, led to the passage of an ''enabling act'' authorizing such removal, but coupled with a condition, as will be seen by the act itself, as follows:

''There shall be commissioners appointed agreeably to an act entitled 'An act for the establishment of seats of justice, to review the seat of justice of Erie county and remove the same, if in their opinion the public interest requires it; but it shall not be lawful for said commissloners to locate the seat of justice at any place other than its present location unless the proprietors of the lands, or individuals, shall furnish the county of Erie with a good and valid title, in fee simple to such lands, as may be necessary for the erection of all public buildings; and shall also erect good and suitable public buildings, equal to those in Elyria, Lorain county, without expense or levy of tax in said county of Brie." ''

This act seems to have somewhat opened the eyes of the tardy proprietors but not until the citizens had come to the rescue, and by their bond pledged themselves to provide for the necessities of the county. At a meeting of the county commissioners held June 3, 1840, the following journal entry appears: ''Whereas, the commissioners appointed by the Legislature of this state to review and remove the seat of justice of Erie county, if, in their opinion, the public interests required it, have on full examination decided and found that the public interests did and does not require such removal, and

'" Whereas, in order to prevent the removal of the seat of justice by said commissioners, F. D. Parish, A. H. Barber, Charles Barney, Samuel Moss, Moses Farewell, John Wheeden, W. H. Hollister, William B. Smith, L. S. Beecher, John Beatty, John G. Camp, E. Cook, S. B. Caldwell and David Campbell executed and delivered to the commissioners of the said county of Erie their joint and several bond in the sum of $15,000, dated May 11, 1840, conditioned for the furnishing to and for the said county, within two years from April 1, 1840, good and sufficient public buildings, such as a courthouse, public offices and jail, without expense or the levy of a tax in said county, and,

'Whereas, the most of the proprietors of the stone building now occupied by the county as and for a courthouse and offices, situate on the east block of the land appropriated and set apart by the original proprietors of Sandusky city for county and other public buildings, have this day delivered to the commissioners of said county a deed of conveyance of said building, to be holden and used by said county for a courthouse and offices forever, containing a covenant of warranty of the title of the same against all claims whatsoever.

''Now, therefore, we, the commissioners of the county of Erie aforesaid, do now accept and receive for the county, for a courthouse and offices, the said building in fulfillment and satisfaction of the condition of the above mentioned bond of F. D. Parish and others, so far as the same has reference to and stipulates for the furnishing of a courthouse and public offices, and land on which to erect the same, on condition that the obligors of said bond shall erect a portico across the north side of the third story, and covered with a deep floor, and surrounded with a hand-rail and bannisters, and a portion to be enclosed at each end, and stairs to be erected to extend from the first to the second story; and sub- ject to such other internal arrangements as the commissioners shall hereafter direct and adopt; and also remove the partition in the second story, and lay a floor over the present stairway so that the courtroom will extend over the whole of the second story.'' The latter portion of this instrument was subsequently modified in relation to the construction of the portico and stairways, and provision made for a semi-circular portico with circular stairs.

The deed from the proprietors of the land and the shareholders of the ''stone building'' bears the date of May 14, 1842, and is made upon the express condition that the county seat be not removed from Sandusky City. The deed was signed and executed by the following named persons: W. H. Mills, David Campbell, S. B. Caldwell, A. P. Tower,

For a period of nearly fifty years this building, though not originally intended as such, served the purposes of the county as a hall of justice. Could a record of each and every case, civil and criminal, tried and argued within its walls be made, what an interest would it create. Here was tried, convicted and sentenced to be hanged the only murderer ever executed within the bounds of Erie County. James Evans, a crippled tailor, was the man, and the sentence of death was executed upon him for the wilful, deliberate murder of John Ritter. Counsellor L. S.

Then, again, was the famous case of Lockwood and others against Wildman and others, involving the title to the lands on which stands the city of Sandusky. This was, perhaps, the most important civil case ever tried in Erie County. For the plaintiffs were Counsellors C. L. Boalt, George Reber and Judge Peter Hitchcock, while the defendants' interests were guarded by Messrs. Parish & Sadler, L. S. Beecher, Pitt Cook and others. The case was reviewed by the Appellate Court in 1844, and a decree granted for the plaintiffs, but there being other questions and considerations arising in the case that were not tried and reviewed, a compromise was effected and the case settled notwithstanding the decree of the Supreme Court sitting en bance.

But it was not alone the courthouse building that engaged the attention of the first board of county commissioners, as provision had to be made for a place of confinement for offenders; and this was one of the things for the furnishing of which the proprietors and likewise the citizens were pledged. For this purpose on the 8th day of November, 1841, Isaac Mills, one of the proprietors, executed his deed of conveyance to the county, for jail purposes, a lot on Jackson Street, numbered eighteen. This deed, however, was not presented to the commissioners until the 21st of 'January, 1842. On this lot was built the first county jail. It was erected at the expense, mainly, of the citizens of the town of Sandusky, and was accepted by the commissioners on July 2, 1842. This property was sold in 1883 to George Brown and Adam Feick for the sum of $3,400.

At length, as the population and wealth of the city increased, it became necessary that new county buildings should be provided; buildings more in keeping with the modern, substantial and elegant structures of various kinds that were then standing around the public square and other business streets of the city; such as would not only be an ornament but an honor to the county seat and to the county.

The New Courthouse. - The first definite action looking to this end was taken by the board of county commissioners at their meeting held in January 4, 1871, upon which occasion that body declared their inten- - tion of building a new courthouse on the site of the old building unless some other location be agreed upon; and inviting petitions and remonstrances regarding the matter, to be heard and acted upon on the 7th day of March following.

Upon the occasion designated the board proceeded to examine the several communications presented, of which there were five, containing an aggregate of 345 signatures, all in favor of the contemplated erection and none opposed thereto. One of these bore the names of sixteen members of the legal profession. From that time the various proceedings of the commissioners in the matter went rapidly forward.

On June 5, 1871, the board adopted the plan offered by Myers & Holmes of Cleveland, and made contract with them to furnish plans and specifications upon which the work should be done, and on August 10th plans and specifications were adopted and approved, after examination by the commissioners, clerk, sheriff and probate judge, and they were paid $1,000 in part payment on contract.

It seems that there was some technical error in the specifications and the action of the board in rejecting all the bids was in part on that account. Further than this, about this time the disastrous Chicago fire occurred, and it was suggested that this building should be made as near fire-proof as possible. This would occasion material alterations in the plans, and it became necessary that the matter should have full consideration. However, on the 5th of December the commissioners again advertised for proposals to build which were opened on the 6th of February, 1872.

The firm of Miller, Frayer & Sheets of Mansfield, Ohio, being the lowest bidders for the work, the contract was accordingly let to them by an agreement executed on February 24, 1872. The total cost of the building amounted to $142,026.45, including furnishing, added to which was the architect's account, per agreement, $4,361.29.

The building was occupied by county officers on the 4th day of December, 1874. The imposing structure needs no further description. It stands a lasting monument to the liberality and public-spiritedness of the people of the whole county.

The New Jail - After the completion of the courthouse, there still remained another county building to be built. Although of less pro- - portions it is none the less attractive in appearance and substantially built. This is the new stone jail on Adams Street.

On the 29th of March, 1882, the commissioners of the county entered into an agreement with Adam Feick & Brother for the erection of a county jail on lot number thirteen on the south side of Adams Street. The contract called for a twenty-six-cell jail and sheriff's residence, and the consideration paid them for its construction was $45,750. It was built within the contract, there being no extra work done that made an additional expense. In addition to the original work, heating apparatus was placed in the building, which cost something like $1,000 additional.

Population And Taxes

As an item of historic interest, and as showing the comparative wealth of the townships, the following table shows the ''Total amount of taxes in Huron county in 1821, on personal and village property :''