Marion County, Ohio - Chapter 6: Political, 1883 (part 1 of 2)

Chapter 6: Political

W«N SU COUNTY may be said to have been Whig until about 1855, und Democratic since that time. That year il was divided between Democratic and Know-Nothing.

From 1801 to 1828, the politics of the country generally were Federal and Republican; from 1828 to 1834, Democratic and National Republican; 1884 to 1855, Democratic and Whig; 1855 to the present time, Democratic and Republican. During all these periods, the people have been either for the " Administration " (current Presidential) or against it; during the second and third periods the Administration party were * Jackson Democrats," opposed to a national bank, and in favor of " free trade;" and during the present period the Administration party are opposed to State sovereignty and sundry other issues growing out of the slave question and the last war.

The table of election returns in this chapter gives the political complexion of this county more definitely than can otherwise be done; but it will be of some advantage to the studious reader to take into consideration something of the current general history of the country, and the exact meaning of some of the side issues submitted from time to time in the form of constitutional amendments, railroad and school questions, third-party issues, personal matters, etc. i

The method of nominating candidates for office is a subject of interest and importance. Previous to 1828, candidates were generally placed before the people without the intervention of a party caucus, a political convention or u primary election. After the establishment of a newspaper in the respective localities, the candidates usually announced themselves, or were announced by their friends, by a card in the paper for several weeks prior to the election. Sometimes there were seven or eight candidates for a single office, but usually only two or three. The personal popularity of the candidate and his fitness for the office were of more importance than his views on national questions.

` In 1833, there were many cripples, as well as others, in the race for Treasurer. There was Richard Wilson, who could laugh longer, louder and more natural than any of his competitors. There was James Clark, whose forefinger on his right hand was just the thing to hook into the button-hole of the dear people, when he took them to one side to lay his claims before them. Next, Mr. Jeffreys, hobbling along on two sticks as spry as a lame cricket, and seeming to say by his looks, "Gentlemen, my claims (infirmities) are apparent." Next, Mr. Vincent, who had the most outlandish way of walking or getting around. 'fo see these candidates hob-nobbing thé~people at general musters, or at court, or on any public occasion, was really ludicrous. A short time before election, Mr. Clark withdrew his name, closing bis published card with the words, " Go it, ye cripples!" and the Jackson men, and rallying committees were appointed in some places for the purpose of drawing out the full vote at the election for President. At that time, and for many succeeding years, one of the most hotly contested questions at issue was which was the old Republican party. Both parties claimed to be the original Jeffersonian Republicans. " Federalist," the name of the party to which Washington and Hamilton belonged, had long before become aterm of reproach. Nominations began to be .made by Whigs at mass meetings about 1830, the issue being Jackson and anti-Jackson. A few primary elections were held - a custom introduced by the Whigs. These elections were held like general or legal elections, with Judges, Clerks, poll-books, tally-sheets and returns to a County Central Committee.

The first national political convention in the United States, for the nomination of candidates for President and Vice President, was held by the National Republican party at Baltimore December 12, 1831. At the next Presidential election, in 1832, the county of Marion gave Andrew Jackson a majority of 206 - in a total vote of 1,236 - an exception to the general current of politics in the early history of the county. In 1836, the county gave two Whig votes to one Democratic; but their opponent, Martin Van Buren, was elected President, and by 1840 the Whig element arose all over the country with such an ebullition as had never before been witnessed in America, if, indeed, it has been seen even since that time.

Log Cabin Campaign Of 1840

During the eight years of Jackson's administration and the four years of Van Buren's, the veins and arteries of the Government, as is the case general when a party has been ioo long in power, had become more or less corrupted. Many of those who were the collectors and custodians of the publie moneys had become defaulters - among the number, Price and Swartwout - and tbe whole of them denominated as * Spoilsmen and Leg- Treasurers," as mentioned in the song below. Add tothis the belief which was chronic in the minds of many officials, incumbents and oracles, that the party had the right of succession to the Government, and were so solidly seated in the affections of the people that-no human power could displace them, and we have the key that inaugurated the furor of that memorable year. Their grievances aroused and combined all the latent opposing forces in the country, and in their arousing they assumed a spirit of earnestness that foreboded victory from the very start.

It may be interseting, especially to the older class of readers, to recall to their memory a few of the facts and incidents connected with the neverto-be-forgotten "Log Cabin and Hard Cider Campaign of 1840," when the Presidential contest was between Martin Van Buren, the then Demoeratie incumbent of the office, and Gen. William Henry Harrison, who was the candidate of the Whig party. That was a campaign which no one who passed through it will ever forget. It was a year noted for its large meet- . ings and its endless hurrahs. The campaign began early in the year, and was kept up with unceasing energy tillthe day of the Presidential election. Many people did very little else, for a period of seven or eight months, than attend the mass meetings and hurrah "for Tippecanoe and Tyler, too." The devices to be hauled about in processions were almost endless, and as diversified as the ingenuity of man could make them, for effect upon the masses. The Whigs were confident of victory. They felt it in their bones, as they expressed it, and hence labored with increasing energy and zeal.

The very atmosphere seemed to be full of victory for them. The Democrats were correspondingly dispirited, and felt more than half whipped for the six months preceding the election. People went in wagons, carriages, on horseback and on foot, to attend all the large gatherings within a radius of fifty miles or more, stopping for neither rains nor mud. It was nothing unusual to hear of crowds estimated at from 50,000 to 100,000 persons, and even more. Women engaged in the contest as enthusiastically as the men.

Thomas Corwin, the most powerful orator of his day, was elected Governor of the State that year, and contributed no small share in getting up the excitement of that memorable campaign and the victory which followed. The country at that time was full of brilliant orators, but Corwin was more the State, and his meetings were made the occasion of a general rally, not only for his county, but for all the surrounding counties. He could carry his crowd to any point of enthusiasm desired, and could come as near saying what he desired to say, as any man living. He often made his audience laugh and weep in the same eloquent strain. No man, since his day, has been able to draw as many hearty cheers from an audience as he did.

The eampaign received its force largely from the remarkable Whig State Convention held in the city of Columbus on the 22d day of February of that year. It was a mass convention, and every county in the State was represented by hundreds of delegates. The city, small then, was fairly overwhelmed with delegates. It was cut of the question to obtain lodging apartments at hotels and boarding houses, and many private houses were thrown open and people lay down to rest at night wherever they could find a vacant spot. V. W. Smith, who was one of the Ohio State Journal staff of writers, gave a brilliant description of that grand outpouring, which no pen has ever equaled since. It would be interesting to reproduce it here, were it relevant to the design of this work.

The contest of that year was known also as " The Song Campaign." Nearly every Whig could sing, and about every tenth one turned poet, which multiplied songs by the thousand, taking in every phase of principle in issue between the two parties. These had their effect in producing the results which followed. :

It may not be inappropriate to the design of this work to give a short paragraph upon the origin of thissong campaign, which became general all over the country preceding the Presidential election. The first impulse to it, so far as can be ascertained, was given by Otway Curry, a citizen of Marysville, Ohio. He was a poet of national fame, and wrote, in February, 1840, what soon became known all over the country as the " Log Cabin Song." This was published in slips and circulated at the 22d of February convention, and was sung there with marvelous effect by the young Whigs. Almost every delegate carried one of these songs home with him, and in less than a week it was reverberating from every hillside and through every valley. in the State. It was setto the tune " Highland Laddie," and

Oh, what, tell me what, is to be your cabin's fate? Oh, what, tell me what, is to be your cabin's fate? Well wheel it to the Capital, and place it there elate, As a token and a sign of the bonnie Buckeye State.

The idea of the log cabin as a political element in the contest was first suggested by a scurrilous article, published in a newspaper in the interest of the party supporting Mr. Van Buren for re-election to the Presidency. 'The author of said article had visited North Bend, the home of Gen. Harrison, soon after the nomination of the latter as a Presidential candidate, was cordially received and hospitably entertained by him in his humble home. In giving an account of this visit to some newspaper, he spoke disparagingly of Harrison's abilities, and stated, among other things, that he lived in a log cabin and drank hard cider, affirming that he had no ambition to occupy the position to which he had been nominated, nor abilities to discharge the duties thereof, and concluded by asserting that if the people of the . country would furnish him with a sufficient supply of dry crackers and hard cider, he would be contented to live in his log cabin home during the remainder of the time allotted to him on earth. This article was soon published in all or nearly all of the newspapers opposing the election of Gen. Harrison. This aroused his friends, and the newspapers in his interest published the article, with bitter editorial comments relating to its tone and spirit. The people were reminded of the days when they dwelt in log cabins, were taught in log schoolhouses and worshiped their Creator in the same rude structures; hence, the log cabin was soon brought into the campaign as : an element of strength, and as such served its purpose and has become historical.

Hard cider became as celebrated during this campaign as the log cabin. It was used as a remedy for all sorts of ills. A kind of " tea," made of strong, hard cider, with a pepper pod sliced into it, was a dose to make rheumatism beat a retreat; willow bark and the heart of ironwood, pickled in cider, was good for fever and ague. Wild cherry bark and cider was a "warming" tonic, etc. Some of the good old pioneers were opposed to " drunkness," produced by whisky, and thought "moderation in all things " should be the motto of every man; yet many of these same men would drink " moderately " of hard cider so often during the day, that when night came they hardly knew whether they were moderate drinkers or otherwise. During the Presidential campaign of 1840,it was made an emblem of Whiggism, and was accordnigly celebrated in the following campaign song, set to the tune of " Rosin the Bow:"

. During the canvass of 1840, Gen. Harrison visited Marion. At this time, one Dr. Robinson was Quartermaster here of the Marion County Militia, and George Rowe, General. These men had the eustody of what arms were in the possession of the militia, namely, an old six-pounder iron cannon and a few flint-lock muskets. These were deposited in Dr. Robinson's barn, which, consequently, was called the * arsenal." During the night before Harrison's arrival, this *arsenal" was broken open, and the cannon hauled off and secreted. Just at daylight, the gun squad, consisting of Orren Patten, E.G. Spelman, Charles Smith, Dr. H. A. True, R. Spalding, W. L. Kendrick, James Butler and J. S. Reed, drew the gun to a vacant lot near Mr. Wallace's, on Main street, where they proceeded to "wake up the babies" for miles around, pointing the cannon north, south, east and west. The gunner was J. S. Reed.

Upon the occasion of Dr. Duncan's defeat, the same gun. squad and Captain took the aforesaid six-pounder to the ground now oceupied by the Episcopal Church, where it was fired until it became foul and the vent clogged. Sod and mortar were used for filling, and some of the by-standers amused themselves in standing some distance in front of the cannon and catching the sods. By-and-by the gun burst, wounding one or two. William O. Barnett, who fired the gun this time, had his leg broken and was otherwise injured. Ed Shrively,after ward called " King Soogan," was thrown forward a great distance by one of the flying pieces.

The 'campaign of 1844 was characterized by "Hurrah for Polk and Dallas!" and "Hurrah for Clay and Frelinghuysen!" The " Liberty " party, called by others the " Abolition" party, began at this time to loom up like a small cloud in the horizon, feeling strong and heroic (" fool. hardy ") enough to nominate a candidate for President of the United States. They chose James G. Birney, of Michigan, for their standard-bearer, but he was scarcely heard of in most sections of the Union. The only issue recognized by the masses was that between Jackson Democracy and Henry Clay Whiggism.

Pole-Raising

During this campaign, after the political cauldron got fairly to boiling, each party in Marion must raise a pole, believing that the longest pole would knock off the persimmons, that is, get the most votes. The Democrats first hoisted a hickory about à hundred feet high, and on it raised a flag, upon which was emblazoned in large letters, * Polk, Dallas, Tod and Victory." The Whigs followed by raising an ash pole, some twenty feet higher than the hickory, with Henry Clay and Frelinghuysen as their standard-bearers. i

Tho Democracy, determined not to be outdone, immediately set about raising a stil] higher pole - at least fifty feet higher - but after getting it up about one-third the way, it broke. The "Coons," as the Clay Whigs were then nicknamed, of course shouted for joy, while the Democrats stamped with rage. Some of them flew around in a very excited manner. They counseled together and determined to send to Columbus for a regular ship carpenter, with blocks, tackle, rope and all the necessary appurtenances for raising a pole 225 ft. high in ship-mast style. The ship carpenier engaged was James Newcomer, who in due time arrived with tackle apparenily enough to raise the Great Eastern, The blood of the Democracy was up, and nothing short of a Providehtial interference could prevent

The heaviest piece for the pole was cut on the farm of George Rupp, of Pleasant Township. It was twenty-eight inches in diameter at the larger end, and tapered up beautifully for eighty feet. There were three splices, fixed with the best iron bands. It required several days to get everything in readiness, and of course it was noised all over the country that the tallest pole in the United States was soon to be raised at Marion. A " goodsized" procession left town for "Uncle George's" farm to get the pole. Mr. Rupp had the large piece mounted upon his broad-tired wagon, to which were attached eight magnificent horses, duly caparisoned with flags. and the old-fashioned hand-bells. The band and a few carriages led the way, and the procession, in wagons and on horseback, made the grand entree into town with more pomp and display than Sells' circus company could now imitate. IRE

When the timbers duly arrived in town and were unloaded in front of the court house, things "looked like business." A hole, about eight feet deep, was dug, at the bottom of which a frame of cross-sills was placed, to retain the huge shaft. The day on which this monster pole was erected was as pleasant as one could wish, and a larger crowd had assembled than had ever before come together in Marion. The pole was properly adjusted, according to the design of the superintendent, and when all was ready up: it went, majestically enough, without an accident. An appropriate flag was run up to within about twenty-five feet of the top, and the excited and anxious hearts of the Democracy began to beat with an inexpressible joy of patriotism.

There is no doubt that this pole victory aided to bring about a poll victory for the Democrats at the ensuing election, so far asthe county was concerned, and they also won in the national contest; but " Tod and Victory " was not theirs in the State election. On the night of the jubilee in November, a huge box, with sides composed of windows, was well lighted up within by sperm candles, and hoisted up 200 feet on this mighty flag staff - a grand spectacle; but an accident happening in the procession below, the line was precipitately cut, and down came the "lantern" with an awful crash.

would do damage. As soon as the pole lay prostrate on Main street, every devotee went for pieces of it for relics, and before sundown it was " clean gone!" Samuel Saiter took a goodly portion of the best part of the stick to his cabinet shop, and manufactured it into neat canes.

The vote on Governor this fall was very close, there being 1,483 in the county for Mordecai Bartley, Whig, and 1,415 for David Tod, Democrat; and for President, a month afterward, it gave James K. Polk, Democrat, seventy-four majority.

The year 1848 was characterized by the race between Zachary Taylor, Whig, Lewis Cass, Democrat, and Martin Van Buren, * Free Soil" The siege was not so exciting as it had been in 1844, and far less so than in

In the campaign of 1852, the nation changed politics, electing Pierce, Democrat, to the Presidency, over Scott, Whig, and Hale, Free Soil. This county, correspondingly, was Democratic, by 308 majority, in a total vote of 2,210. The Free Soil vote was only 78.

By the year 1854, the anti-slavery sentiment of the people had become so strong as to force a re-organization of the parties on a new issue. The anti-slavery party this year assumed the name of " Republican," while the party opposed rallied under the old " Democratic" organization. Two years afterward, Marion County actually gave a majority for the anti-slavery party, namely, 1,378 for Fremont and 1,285 for Buchanan.

This brings tho record up to the war, which is in the memory of most of those now living, and very little need be said by way of explanation. The two principal points are, that during the latter part of the war, and fora year or two aiterward, a so-called " Union" party organized and made nominations for office, but it was of course understood that a " Union" victory at the polls would have been a Republican victory; and likewise a "Liberal Republican" party was organized in 1872, headed by Horace Greeley, which, if victory crowned their efforts, would have been construed as a Democratic victory. [n both these third-party movements, the motives were probably noble and sincere; and although, like the other " third " parties, as granger, prohibition, ete., they did not-nominally win the battle, they really did influence legislation, both State and national.

In 1859, the question was submitted tothe people, whether the constitution should require the sessions of the Legislature to be annual. Some thought that annual sessions would be more economical as well as prompt, 'and some thought they would be less so. The vote gave only 410 in favor of the proposed measure, and 2,319 against it. . May 14, 1874, there were four constitutional propositions submitted to the people of the State, namely, a new constitution, minority representation, allowing railroad aid and licensing the sale of intoxicating liquors - all of which were voted down by the citizens of Marion County.

Election Returns

As in almost or quite every county, the election returns and early records of Marion County are somewhat imperfect. Many of the election clerks in an early day were too illiterate to make out returns in an intelligible shape. One returned his " pool" books, and another his "boll" books!

The reader should remember that the figures in election returns are often no test of the popularity of the respective candidates or parties. A man may be put forward by his friends against his will; he may withdraw a few days before election, and the people not generally know the fact; false stories may be circuiated about a candidate; and sometimes, even, a man may be voted for, to some extent, who neither put himself forward or was put forward by his friends.

The oldest election returns on file in the office of the Clerk of the Court are dated in 1824. First, on the 11th of May, Green Camp Township gave Samuel Fish seventeen votes for Justice of the Peace, and Joseph Boyd eleven votes for the same office. The certificate of election is signed by William Holmes and William Hoddy, Judges of election - the latter a Justice. George H. Busby was County Clerk.

On the 15th day of May, Sandusky Township voted for two Justices, as follows: Matthias Markley, 22; Ichabod Smith, 32; Westell Ridgeley, 17; Michael Brown, 4. The first two were declared elected, the returns and certificate being signed by William Holmes, Judge, and John 5tealy, Justice of the Peace.

Township, William Cochran, by twelve votes, no opposition; Washington Township, Henry Lemon by thirteen votes, against three for James Neil; and Richland, Joseph Oborn by eleven votes, against ten for William W. Smith and five for Thomas Rogers.

October 12, 1824, Richland Township elected Thomas Rogers a Justice by eleven votes, no opposition; and Bucyrus Township elected Conrad Roth a Justice by twenty-six votes to twenty-two for Michael Bedle. David Tipton, Justice of the Peace, was a Judge at both these elections.

On the 21st of this month, Morven Township elected Isaac Blazer to the office of Justice of the Peace by eleven votes to five for James Thomson and two scattering. David Tipton and Zachariah Welsh, Justice of . the Peace, were Judges on this occasion.

County Commissioners - John Shunk, three years, Whig, 743; T. F. Johnston, one year, 627; Robert Maxwell, three years, 80; George Beckley, one year, Democrat, 693; Willian Dowling, three years, Whig, 576; Robert bui one year, Democrat, 44. Shunk's majority, 063. Beckley's majority, 60.

Election April 1, 1850

June 17, 1850, the State adopted the new coustitution by 125,564 votes, againt 102,976 in opposition; and at the same time gave 104,255 votes for license and 118,289 against it. In this contest, Marion County gave 945 votes for the constitution, 725 against it; and 1,054 in favor of license and 545 against it.

Infirmary Director - David Kerr, Democrat, 1,562; J. Lykins, Republican, 1,215. Kerr's majority, 347. i a the Infirmary*- - For, 1,900; against, 538. Majority for, ELECTION OCTOBER 10, 1871.

Clerk of the Court - Amaziah H. Hord, Democrat, 2,164; F. C. Ruehrmund, Republican, 1,654; U. K. Guthery, Prohibition, 53. Hord's majority, 510.

Secretary of State - Charles Townsend, Republican, 2,153; William - Lang, Democrat, 2,924; Charles A. Lloyd, 7; William H. Doan, Prohibition, 25. Lang's majority, 771.

Some Of The First Justices Of The Peace

In Big Island Township, Joshua Cope, July 5, 1824. The next was Isaac E. James for the same township, January 29, 1827, who resigned February 25, 1830. Also Robert Hopkins, April 19, 1830; John Flewelling, May 14, 1830; Portius Wheeler, October 26, 1831.

In Center Township, now Marion, William Hoddy and Alexander Berry, April 15, 1822; David Tipton, June 26, 1824; Benjamin Davis, rA 1825; Benjamin Williams, April 24, 1828; John Bartram, March

Montgomery 'lownship had no Justice of thé Peace until William Cochran was commissioned, April 16, 1834. William H. Davis was commissioned October 27, 1835.

Personal Sketches

Hon. Eber Baker, the founder of Marion, was a native of the State of Maine; he was born at Litchfield Corners, that State, April 27, 1780. His paternal ancestry is traced back to 1635, when Francis Baker came over from Great St. Albans, Herefordshire, England, in the " Planter," at the age of twenty-four, and settled in Yarmouth, Mass. June 29, 1802, Mr. Eber Baker married Lydia Smith. At the opening of the war of 1812, he enlisted in the army; but his regiment being assigned to guard and camp duty, he found it impossible to acommodate his active temperament to such inactive, monotonous life, and accordingly employed a substitute, and with his family left his native State for Wheeling, Va. About a year afterward, 1814, he moved to Newark, Ohio, and in 1821, he came to where Marion now stands, bought the land and the next year laid out the town, naming it for Gen. Francis Marion, of Revolutionary fame. In his plat for the town, he appropriated four lots for church houses, one for each of four different denominations; five lots for court house and jail, and several acres for a cemetery. This ground is still a cemetery and is situated just north of the New York, Pennsylvania & Ohio depot. He built a log jailat a cost of $400, and presented it to the county. When the Protestant Episcopal Church was ready to avail itself of a lot, Mr. Baker bought a lot at $620, and presented it to the church, besides $1,000 in money toyrard the erection of tbe building. To Mr. and Mrs. Baker were born five children before leaving the State of Maine, and one in Newark, Ohio. Mrs. Baker died June 24, 1843, lamented by all who knew her, especially by the poor and less fortunate, who always found sympathy in her large, generous heart. Mr. Baker was married a second time to Mrs. Susan Wilson, at this date still living, amiable, pious and possessed of fair health and unimpaired intellect. Mr. Baker was public spirited, liberal in contributing to the various town enterprises, material, moral and religious, and was, during most of his life, with his second wife, a member, with her, of the 'Protestant Episcopal Church. He was Representative to the State Legislature in

1826-27. He died October 6, 1864. His family consisted of Rev. George W., Charles, Elizabeth B. (who married Alvin C. Priest), Lincoln, Mehit-. able C. (who married Richard Sargent), and Lydia (who married Judge Ozias Bowen). A sketch of George W. appears in the church history of the town of Marion.

Capt. George Beckley, deceased, was born in Dauphin County, Penn., November 29, 1804, about seven miles east of Harrisburg. In 1812, his father, John Beckley, removed to Northumberland County, Penn., where he suffered severely from the financial troubles of 1817 to 1820, and thence, in 1821, he moved to what is now Marion County, about one mile northwest: of where Caledonia now is, where he bought eighty acres of land. In 1835,'he emigrated with all his large family, except George, to Cass County, Ind. The latter married Eliza, daughter of Thomas H. Miller, and raised a family of three sons and one daughter, residing on the old homestead the remainder of his long life.. As a scholar, Mr. Beckley was selftaught, but he spent over fifty years of his liz: as a school teacher. 'He was also County Commissioner and Surveyor. Was probably the best posted man in thecounty on pioneer reminiscences, many of which he published in the Caledonia Argus in 1875. About 1847-48, he was elected Captain of a militia company, whence his title. From 1849 to 1852,he was in California, prospecting for the precious metal; in 1854, he was in California again, and afterward traveled through Central and South America, chiefly bent on prospecting and mining speculations. After his réturn, he once more left for the great West, and reached Pike's Peak, where he erected a quartz crushing or similar apparatus, which was exchanged for a large tract of land in Indiana. This was considered one of his most fortunate speculations. He was accidentally killed in May, 1878, by a locomotive running over him, and deeply did the community mourn his loss.

George H. Busby, more widely known as * Maj. Busby," a title gained from services with the militia during the war of 1812, was born in Northumberland County, Penn. He was of Irish descent, his father having emigrated from Ireland toward the close of the century previous. The family were residents of Fairfield County for many years, and there numerous. descendants still reside. Maj. Busby sought. to improve his fortunes by becoming a pioneer of the then new district of Marion County, Ohio, in 1822. He was a citizen, therefore, of Marion County at its organization, and of Marion Village when by its selection as county seat, the then meadows and forests, almost unbroken in that locality, were staked as a town. Maj. Busby engaged actively in trade, and by his energy and push laid the foundation of a handsome fortune, that was far more speedily destroyed by the unfortunate tendency that characterized our fathers of "going bail."

The character of Maj. Busby was strongly marked by traits that secured to him. all through life the confidence and esteem of his fellowmen. to a marked degree. The Delaware and Wyandot Indians, from the poorest brave to the head chief, were his fast friends, and their trading contidence in the Major was strong. Maj. Busby was the first Recorder of Marion County, and the record he made, Vol. I, fell into decay during his life and was transcribed by his grandson, George Busby Christian, fifty years after. Maj. Busby was made the recipient of many tokens of esteem. He held the officiai positions of Recorder, Clerk, Clerk of the Supreme Court,. Judge of the Probate Court, and in 1854, after a memorable struggle, was nominated as Representative to Congress, to which body he was chosen. At this writing, 1883, Maj. Busby stands alone, as the only citizen of

Marion County who has sat in the halls of Congress, and during a period of sixty years. All positions of trust were to him sacred, and no stain, no spot or blemish has ever, in the faintest degree, marred his fair fame. He sought to be an honest man, and on his tomb the simple epitaph, " God's noblest work, an honest man," tells with truthful eloquence the story of his life. He aided greatly to make the place of his home the pleasant village that it is, and his brick residence near the public square was for many years. the seat of a generous hospitality, as well as a center of domestic happiness.

He was twice married, his first wife being Elizabeth Welch, his second Eliza Kennedy. Hannah, wife of William L. Kendrick, and after widowhood, wife of Rev. James M. Heller; and Paulina, wife of Dr. J. M. Christian, were children of his first union. The children of his second marriage were Eliza Jane, wife of T. P. Wallace; Clarinda, wife of Dr. I. S. Sweeney; Lucretia, wife of Henry B. Durfee; Susan, wife of S. E. De Wolfe; and Evaline, who died ininfancy. Of this large family, Paulina and Susan have been called away. Maj. Busby died in 1869; he rests in Marion Cemetery, amid the scenes of his active, long and useful life, his memory revered by a large and numerous body of descendants, and a still larger number cf warm friends.

Col. Hezekiah Gorton, first Auditor of Marion County, 1824 to 1832, was born in Montgomery County, N. Y., December 2, 1793. In 1818, he located in Franklinton, across theriver from Columbus, Ohio. In 1821, he came to Big Island, this county, where some thought at the time that the county seat would be located. In 1824, he was appointed County Auditor, soon after which he removed his residence to Marion. In 1836, he was elected to the State Senate, where he served his constituents for two years with ability and credit. In 1874, he went to Colorado, to live with his youngest daughter, Mrs. J. J. Boyd, returning in 1875 to remain nearly two years among his friends in Marion. He went again to Colorado in the latter part of the year 1876, remained there until his death, which occurred at Loveland, June 2, 1882, when he was eighty-eight and one-haif years of age. j

Col. Gorton was one of the first grain and woul buyers in Marion County, and as a business man was earnest and enterprising. When the firm of which he was a member became insolvent (unexpectedly to him), he turned over all his property to the creditors, leaving himself homeless. The Colonel was a Free-Will Baptist all his adult life, and died a Deacon in that. church. His life as a citizen was an exemplary one.

Hon. William, Brown, Representative in the Legislature in 1831-32 and County Surveyor 1843 to 1846, was said to be the best Surveyor the County of Marion ever had. He was a man of great energy, marked characteristics, strict integrity, outspoken aad plain. In his years he kept even pace with the present century, having been born in 1800, in Providence, R. IL. His father, Commodore Brown, left for the high seas when he (William) was quite young, and the latter went around from place to place as a chore boy until 1812, when he went aboard a man of war and

.acted.as a powder carrier for the gunners in the war with Great Britain, participating in several engagements. He afterward returned to Providence and learned the shoe-maker's trade, being bound by indenture to his uncle. He had no schooling, and, although he afterward developed into so great a mathematician, at the age of eighteen he could not even

At this time young William began to exhibit that sternness of character which proved to be the foundation of his future success. He worked outside of regular business hours for a little money, with which to buy books, and then devoted his evenings and spare moments to study, mathematics becoming his favorité. In these he was assisted by a Catholic priest, who took considerable interest in bim. |

We digress here to relate an interesting little incident: While our industrious young. hero was working away at the shoe-maker's bench, some of the idle boys of the neighborhood were disposed to play mischievous little tricks upon him. One night between 10 and 11 o'clock, one of these gamins blacked himself up, and, going to the window of William's shop, pressed his face up against the glass and held it in that ghostly position untilhe attracted the young shoe-maker's attention. The latter struck the hateful image so suddenly with his hammer wnat, he wounded him severely, scarring him for life.

` At the age of twenty-one, Mr. Brown went up into Sussex County and taught school, and there married Miss Margaret Moore. Next, he, with five or six other families, immigrated West, settling at the Wyandot Mission, a few miles north of Marion. Being religious and having studied theology some, Mr. B. was stationed as a missionary teacher for the Indians at this point. Sundays he preached here and at other points in the vicinity. Then for a time he was Professor of Mathematics in a university, and studied surveying and civil engineering. A canal being proposed from Marion to Wyandot, Mr. Brown undertook the survey of the level. Having no factory-made instruments, he made a level roughly out of a piece of wood, with vials affixed, partly filled with water, and the other necessary fixtures. Then, with volunteer aid, as rodsmen, ete, he proceeded with his task. About midway between Wyandot and Marion, he encountered a squad of equipped surveyors at work on the route for the Chicago, Cincinnati, Columbus & Indianapolis Railroad, who laughed with contempt at his rude appliances and * foolish? undertaking; but, on a challenge for a test, in a survey of some miles, Mr. Brown came out within six inches of the point made by the great " scientific? party. Mr. Brown was soon afterward employed ar, railroad surveyor at $2,500 and $9,500 a year, the latter salary on the Mad River route, now the Indianapolis, Bloomington & Western. Many were the interesting experiences of Mr. Brown with the Indians, and as surveyor, etc., as his having been once captured by the Seneca Indians and robbed, his having to sleep in a hollow tree, etc., overnight, but space forbids their enumeration here.

Mr. Brown's residence in Marion was from about 1830 to a short time before the war of the rebellion, and his official career here has already been referred to. He moved from Marion to Springfield, where he was County Surveyor from 1868 to 1872, City Surveyor, City Marshal three terms, etc., and spent the remainder of his days. He died in 1877, after having passed two years in apparent unconsciousness from a stroke of cerebral paralysis. Having been a * high " Mason, he was buried under Masonic honors, attended by a throng of mourning citizens. His first wife died comparatively young and 'was buried in Wyandot. For his second wife he married a daughter of Milton Pixley, of Marion, who also is now dead. Mr. Brown at one time had considerable property, but by taking a Government contract for surveying in Kansas he lost all. He used to remark in his latter days that if he could only recover enough to pay his debts he would be satisfied. His children are Minerva, who married Mr. Rundle and died in Marion, of cholera, in 1854. She was a poetess of considerable merit; Bellona, now Mrs. James Havens, of La Fayette, Ind., also a poetess, of whom further mention is made in another chapter; John D., who was living in New York City two years ago; and George W.,.a resident of Springfield, engaged in a large agricultural establishment.

Richard Wilson was born in Watsontown, Northumberland County, Penn., November 14, 1804. He came to Marion in the fall of 1828, and for some time worked at his trade of chair-maker, and part of the time clerked in a store. Fora short time he was a resident of Big Island, but except that interval he was a resident of Marion from his first arrival here until his death. He was Treasurer of the county from 1833 to 1851, Representative to the Legislature in 1858 and 1859, County Auditor from 1866 to 1871, Assessor of Marion Township a number of terms, etc., and, in every public capacity he gave entire satisfaction, He was of a courteous and gentlemanly disposition; he was also liberal, and would have done much more than he did had he not lost his money in the Atlantie & Great Western Railroad. He built the track from Galion to Bellefontaine. He also paid taxes for many poor men in the county while he was Treasurer; probably no man was sold out for taxes while Mr. Wilson was Treasurer.

Mr. Wilson married Miss Sophronia Parrish, and of their children two daughters are now living in Marion, one a wife of F. R. Saiter; one daughter in Wyandot County; one son was killed in the army; another son - Byron - has been in the United States Navy ever since he was, twelve years old; and Cass, a prominent Freemason, resides in Marion.

Mr. Wilson died February 11, 1882, about seventy-seven and one-quarter years of age, and was buried according to his request, under the charge of the " Blue Lodge," escorted by the Knights Templar; he was a Sir Knight. The funeral was very largely attended.

Josiah Snell Copeland, deceased, was born in 1798, a son of Elijah and Irene (Howard) Copeland, of Massachusetts and of Puritan descent. One of their ancestors, John Alden, came to America in the Mayflower. Mr. Copeland was married in 1818, to Catharine L. Guild, and in 1826 came to Zanesville, Ohio, and resided there till he came to Marion in 1844. Here he purchased 320 acres, all of which is now included in Baliantine's Addition to Marion; it was then called "Copeland's Woods." In these woods was held the first county fair of Marion County, originated by him. He represented Marion and Union Counties in the State Legislature in 1848 and 1850, as a Whig; was a Republican after the organization of that party. He was an active man in political affairs, being frequently a delegate to the State Conventions; was Internal Revenue Assessor, 1865 to 1870; in July of. the latter year he died. His wife died in March, 1868.

Cyrus B. Mann, deceased, came to Marion in 1828, from Delaware County, where he had located with his parents in 1814, being formerly from-Chenango County, N. Y., where he was born in 1804. He was Sheriff of Marion County from 1833 to 1837, and afterward he kept the American House, where the Kerr House now stands, for about eighteen or nineteen years, then the United 'States House, which was burned down, the

Central House on Main street, near the railroad, until his death, which took place February 20, 1881, and he was huried in the Marion Cemetery.

Mr. Mann married Martha Musser, of Delaware County, this State, and they had four sons and five daughters, as follows: Caznau Gideon, now in Crestline; William Howard, who died in the army during the last war; George T., now in the car works at Terre Haute, Ind.; Charles Henry, now in Portland Ind.; Henrietta, in Marion; Anne, who married Mr. Braman and lives in Owatonna, Minn.; Isabel, at home in Marion; Eveline, now the wife of Mr. Biggerstalf, also in Marion; and Clara, at home.

William Bain, elected Sheriff in 1825, was a partner of the firm of O. & S. Crosley & Co., of Columbus, who had established a branch store in Marion, in charge of Elisha Crosby. A few days after he was elected he fell dead in the store, apparently from heart disease. He was born in Dundee, Scotland, and immigrated to this country in 1812, settling in Rhode Island, where he engaged in the manufacture of hemp bagging; then the same business in Paris, Ky., then near Colum. bus, Ohio, in the same business again, where he sold out for an interest in the Crosby store at Marion. He was a Presbyterian, Whig and Abolitionist. He was rather a peculiar man, gruff in his manners, often to his best friends, yet liberal, sometimes io excess. His likes and dislikes were very strong, and subject to intensity by his varying humor.

Bench And Bar Introductory

9c HISTORY of Marion County without a record of the Bench and Bar would be like the play of Hamlet with Hamlet omitted from the cast. The part played by law in the organization of human society is that of an everacting force, a force essential to its very existence, and upon which human happiness and well-being are unceasingly dependent. Without law mankind would long ere this have perished, .as no organization is possible without it. Upon the wise interpretation as well as the judicious framing of the laws, the well-being of a community is established as upon a rock-like foundation, whence it naturally flows as a consequence that the history of those upon whom this duty devolves must form no unimportant portion of 'a work of this character. The whole superstructure of law is founded upon a few principles of natural justice, and, therefore, at its base, in its essential principles, "in its inmost bosom's core," law is the exponent of right, and truth and justice; and, notwithstanding the efforts of the eunning and unserupulous, it will still be found thai on the whole law is on the side of right, and the popular prejudice against lawyers has its basis chiefl y in ignorance of the true nature of a lawyer's functions, which are, to see that every one has the benefit of the privileges accorded him by the laws of the land, and that the forms of law are rigidly preserved, us upon their strict enforcement of these the stability of society depends.

As the business of the lawyer is to deal with the daily affairs of men, and as these are becoming more and more complex and artificial, it is clear that where so many complex interests and counter-interests are to be protected and adjusted, to the Judge and the advocate are presented problems that require the deepest research and the most trained intellects. As change follows change in modern society, without intermission, it is also evident that the laws and institutions of the past will not answer the requirements of the present. The blue laws of Connecticut would burst from the limbs of the modern Samson like the cords from the hero of old, and the gigantic Afrites that Aladdin saw from his lamp could not be returned to their narrow prison house. The discoveries in the arts and sciences, the invention of new labor-saving contrivances, the enlargement of

- industrial pursuits, the unprecedented development of commerce, the founding of new communities into cities and States, require that the science of law should advance pari passu, in order to subserve the wants and provide for: the necessities of these new conditions. The true lawyer is the man of the hour, and upon his ability and integrity society is largely dependent. One of the profession has wisely said:

"Tn the American State the great and good lawyer must always be prominent, for he is one of the forces which move and control society. Public confidence has generally been reposed in the legal profession. 1t has ever been the defender of popular rights, the champion of freedom regulated by law, the firm support of good government. In times of danger it has stood like a rock and beaten the mad passions of the hour and firmly resisted tumult and faction. No political preferment, no mere place can add to the power or increase the honor which belongs to the pure and educated lawyér. The fame of Mansfield, and Marshall and Story can . never die. 'Times iron feet can print no ruin trace' upon their character. Their learning and luminous expositions of our jurisprudence will always light our pathway. * * * Lord Bacon has said, 'Every man is a debtor to his profession: and assuredly this is true of every lawyer. If worthy, it gives him an honorable character and high position. The lawyer should prize and honor his profession. He should value its past renown and cherish the memory of great men, whose gigantic shadows walk by us still. He should love it for the intrinsie worth and innate glory of the fundamental truths which adorn it."

The paucity of material at the service of the historian as to those who have exerted so important an influence upon the county's welfare and progress, is indeed a matter of surprise. We, however, present our readers with that which the corroding hand of time has left untouched. The greater portion of the story might, however, be unlocked to him who would patiently study the strata of society, as the geologist studies the stony records of the earth's past history.

. Before entering upon the specifie portion of our story, we can truthfully premise that the Beuch and Bar of Marion County has ever been distinguished, and has ever stood prominently forward in comparison with the profession in thesister counties of the grand commonwealth of Ohio. Marion has had names connected with her bar which have adorned the pages of our country's history, names of soldiers who did not shrink from taking up the sword in defense of their country; names that have adorned the halls of legislation of the State; names that have adorned men not merely of learning and culture, superadded to native ability, but which also have united with these gifts and graces the proud title of honest men, the noblest work of God. :

The Bench

The earliest judicial government for the territory now constituting Ohio was vested in a general court composed of three Judges, provided by the ordinance of 1787. The first Judges were Samuel Holden Parsons, James Mitchell Varnum and John Cleves Symmes, the latter being appointed in place of John Armstrong, who declined to serve. They were to adopt only such portions of the laws of the original States as were deemed suitable to the condition and wants of the people, and were not empowered to enact new laws. In the autumn of 1787, the Governor and Judges Varnum and Parsons met at Marietta and began the duty of legislating for the Territory, continuing in session until December. Contrary to the provisions of the oydinance, they enacted a number of laws on different subjects and submitted them to Congress, as required. That body, however, did not approve them from their manifest illegality under the terms of the ordinance. After the assembling of Congress in 1789, under the newconstitution, the appointments made under the articles of confederation being deemed to have expired, the following new Judges were appointed for the Northwest Territory: Samuel Holden Parsons, John Cleves Symmes and William Barton. The latter declined to serve and George Turner was appointed to fill the vacancy. Judge Parsons soon afterward died, and in March, 1790, Rufus Putnam was appointed to fill the vacancy caused by his.

death. Putnam resigned in 1796, to enable him to accept the office of Surveyor General, and Joseph Gilman, of Point Harmar, was chosen to fill the vacancy. Judge Turner left the Territory in the spring of 1796, and during his absence resigned his seat on the bench, which was filled by the appointment of Return Jonathan Meigs, in February, 1798. The Judges then in commission continued to hold their 'seats until the adoption of a State Constitution.

Between 1790 and 1795, numerous acts were passed which did not receive the eanetion of Congress, as they were enacted rather than adopted, and finally in the summer of 1795, at a legislative session held at 'Cincinnati, a code of laws was adopted from the statutes of the original States, which superseded the chief part of those previously enacted, that had remained in force in the Territory, regardless of their doubtful constitutionality. This code of laws as adopted was printed at Cincinnati in 1795, by William Maxwell, and became known as the Maxwell Code; that was the first job of printing executed in the Northwestern Territory. But very little change was made therefrom until the first session of the General Assembly, held under the second grade of government, September 16, 1799.

" The ordinance and the compact," says Judge Burnet, " which was the constitution of the Territory, contained but little specific legislation. It prescribed the rule of descents; the mode of transferring real estate, by deed of lease and release, and of devising or bequeathing it by will. It regulated the right of dower and authorized the transfer of personal property by delivery; saving always to the French and Canadian inhabitants, and other settlers who had before professed themselves citizens of Virginia, their laws and customs then in force among them, relative to the descent and conveyance of property. In addition to these provisions, the compact ordained that no person demeaning himself in a peaceable manner should be molested on account. of his mode of worship or religious opinions. It also secured to the inhabitants forever the benefits of the writ of habeas corpus, of trial by jury, of a proportionate representation of the people in the Legislature, and of judicial proceedings, according to the course of the Common Law."

The courts of Common Law in the Territory assumed chancery powers as a necessity, as there was no tribunal in said Territory vested with such powers. Several necessary laws were passed at the first session of the Territorial Legislature at Cincinnati, but matters regarding courts and their powers were not satisfactorily settled until the adoption of the first State Constitution in 1802. The General Court provided for by the ordinance of 1787 consisted, as before stated, of three Judges, " appointed by the President with the advice and consent of the Senate, each of whom received a salary of $800 from the Treasury of the United States. It was the highest judicial tribunal in the Territory, and was vested with original and appellate jurisdiction in all civil and criminal cases, and of capital cases; and on questions of divorce and alimony its jurisdiction was exclusive. It was, however, a common law court, merely without chancery powers, and it was the court of dernier ressort. It had power to revise aud reverse the decisions of all other tribunals in the Territory, yet its own proceedings could "not be reversed or set aside, even by the Supreme Court of the United States. It was held at Cincinnati in March, at Marietta in October, at Detroit and in the western counties at such time in each year as the

The travels of the Judges and members of the bar in those early years, +o and from the places of holding courts - Cincinnati, Marietta and Detroit - were attended with difficulties of the most serious nature. The distances were always great, settlements were scarce and the way was rough. Their journeys were made on horseback, and it was exceedingly necessary that the horses they rode should be good swimmers, for it was in the days before bridges had been thought of, and only the best fording places along the numerous streams were sought out by the tired travelers. Judge Burnet, who knew from experience all the trials of the times, wrote of them as follows:

* The journeys of the eourt and bar to those remote places through a country in its primitive state, were unavoidably attended with fatigue and exposure. They generally traveled with five or six in company, and with a pack-horse to transport such necessaries as their own horses could not conveniently carry, because no dependence could be placed on obtaining supplies on the route; although they frequcntly passed through Indian camps and villages, it was not safe to rely on them for assistance. Occasionally small quantities of corn could be purchased for horse feed, but even that relief was precarious and not to be relied on. In consequence of the unimproved condition of the country, the routes followed by travelers were neessarily circuitous and their progress slow. In passing from one county seat to another, they were generally from six to eight and sometimes ten days in the wilderness, and, at all seasons of the year, were compelled tv swim every water-course in their way which was too deep to be forded; the country being wholly destitute of bridges and ferries, travelers had, therefore, to rely on their horses as the only substitute for those conveniences. That fact made it common, when purchasing a horse, to ask if he were a good swimmer, which was considered one of the most valuable qualities of a saddle horse."

Lynch Jaw was liable to be adopted by the men of the border settlements, and one or two instances of its execution in the form of public whippings, are known to have occurred; but in August, 1788, a law was published in Marietta, establishing a " General Court of Quarter Sessions of the Peace, and County Courts of Common Pleas," and-these superseded the Lynch code before it had been in operation a year. Mr. McMillan was appointed the Presiding Judge of those courts in the county of Hamilton.

The first Constitution of the State of Ohio, adopted November 29, 1802, contained in its third article, the following provisions for the judicial government of the State:

Section 1. "The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Common Pleas for each county, in Justices of the Peace, and in such other courts . as the Legislature may from time to time establish.

Sec. 2. The Supreme Court shall consist of three Judges, any two of whom shall be a quorum. They shall have original and appellate jurisdiction, both in common Jaw and chancery, in such cases as shall be directed by law; Provided, That nothing herein contained shall prevent the Gen. eral Assembly from adding another Judge to the Supreme Court after the term of five years, in which case the Judges may divide the State into two circuits, within which any two of the Judges may hold a court.

Sec. 9. The several Courts of Common Pleas shall consist of a President and Associate Judges. The State shall be divided, by law, into three circuits; there shall be appointed in each circuit a President of the Courts, who, during his continuance in office shall reside therein.. There shall be appointed in each county not more than three nor less than two Associate Judges, who, during tbeir continuance in office, shall reside therein. The President and Associate Judges in their respective counties, any three of 'whom shall be a quorum, shall compose the Court of Common Pleas, which court shall have common law and chancery jurisdiction in all such cases as shall be directed by law; Provided, That nothing herein contained shall be construed to prevent the Legislature from increasing the number of cir- 'cuits and Presidents after the term of five years.

Sec. 4. The Judges of the Supreme Court and Courts of Common Pleas shall have complete criminal jurisdiction, in such cases and in such manner as may be pointed out by law.

Sec. 9. The Court of Common Pleas in each county shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians and such other cases as shall be prescribed by law.

Sec. 6. The Judges of the Court of Common Pleas shall, within their respective counties, have the same powers with the Judges of the Supreme Court, to issue writs of certiorari to the Justices of the Peace, and to cause their proceedings to be brought before them, and the like right and justice

Sec. 7. The Judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the State. The Presidents -of the, Courts of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits; and the Judges of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective counties.

Src. 8. The Judges of the Supreme Courts, the Presidents and the Associate Judges of the Courts of Common Pleas, shall be appointed by a joint ballot of both Houses of the General Assembly, and shall hold their offices for the term of seven years, if so long they behave well. The Judges of the Supreme Court and the Presidents of the Courts of Common Pleas shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this State or the United States.

Sec. 9. Each court shall appoint its own Clerk for the term of seven years; but no person shall be appointed Clerk, except pro tempore, who 'shall not produce to the court appointing him a certificate from the majority of the Judges of the Supreme Court that they judge him to be well qualified to:execute the duties of the office of clerk to any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behavior, at any time, by the Judges of the respective courts. ; :

Szoc. 10. The Supreme Court shall be held once a year in each county, and the Courts of Common Pleas shall be holden in each county at such ti a laces as shall be prescribed by law. peed A competent bonn of J hus of the Peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years, E powers and duties shall, from time to prosecutions shall be carried on in the name and by the authority of the State of Ohio, and all indictments shall conclude against the peace and 'dignity of the same.

The new Constitution of Ohio, adopted June 17, 1851, made considerable changes in the courts, aud Article 4, providing for judicial matters in the State, is as follows: .

Szc. l The judicial power of the State shall be vested in a Supreme- Court, in District Courts, Courts of Common Pleas, Courts of Probate, Justices of the Peace, and in such other courts, inferior to the Supreme- Court, as the General Assembly may from time to time establish.

. Szo. 2. The Supreme Court shall consist of five Judges, a majority of ' whom shall be necessary to form a quorum or pronounce a decision. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the seatof government, and such other terms at the seat of go.ernment or elsewhere as may: be provided by law. The Judges of the Supreme Court shall be elected. by the electors of the State at large.

Src. 8. The State shali be divided into nine Common Pleas Districts, of which the county of Hamilton shall constitute one, of compact territory and bounded by county lines; and each of said districts, consisting of three or more counties, shall be subdivided into three parts. of compact territory, bounded by county lines, and as nearly equal in population as practicable, in each of which one Judge of Common Pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of Common Pleas shall be held by one or more of these Judges in every county in the district as often as may be provided by law; and more than one coart or sitting thereof may be held at the same time in each district.

Szo. 5. District Courts shall be composed of the Judges of the Courts of Common Pleas of the respective districts, and one of the Judges of the Supreme Court, any three of whom shall be a quorum, and shall be held in each. county therein at least once in each year; but if it shall be found inexpedient to hold such court annually in each county of any district, the General Assembly may, for such district, provide that said court shall be holden at three annual sessions therein, in not less than three places; Provided, That the General Assembly may, by law, authorize the Judges of each disiriet to fix the times of holding the courts therein.

Szc. 6. The District Court shall have like original jurisdiction with. the Supreme Court, and such appellate jurisdiction as may be provided by law.

Src. 7. There shall be established in each county a Probate Court, which shall be a court of record, open at all times, and holden by one Judge, elected by the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of

Szo. 8. The Probate Court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for: the sale of land by executors, administrators and guardians, and such other jurisdiction in any county or counties as may be provided by law.

Sec. 9. A competent number of Justices of the Peace shall be elected by theelectors in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law.

Sec. 10. All Judges other than those provided for in the constitution, shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.

Sec 11. The Judges of the Supreme Court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold for the term of one year, one for two years, one for three years, one for four years and one for five years; and at all subsequent elections, the term of each of said Judges shall be for five years.

Sec. 12. The Judges of the Courts of Common Pleas shall, while in office, reside in the district for which they are elected; and their term of office shall be for five years.

Szoc. 13. In case the office of any Judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the Governor, until a successor is elected and qualified; and such successor shall be elected for the unexpired term at the first annual election that occurs more than thirty days after . the vacancy shall have happened.

Sec. 14. The Judges of the Supreme Court and of the Court of Common Pleas sHall, at stated times, receive for their services such compensation as may he provided by law, which shall not be diminished or increased during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit or trust under the authority of this State or the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this State, given by the General Assembly, or the people, shal) be void.

Sec. 15. The General Assembly may increase or diminish the number of the Judges of the Supreme Court, the number of the districts of the Court of Common Pleas, the number of Judges in any district, change the districts or the subdivisions thereof, or establish other courts, whenever twothirds of the members elected to each House 'shall concur therein; but no change, addition or diminution shall vacate the office of any Judge.

Sec. 10. There shall be elected in each county, by the electors thereof, one Clerk of the Court of Common Pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein; but the General Assembly may provide by law for the election of a Clerk, with a like term of office, for each or any other of the courts of record, and may authorize the Judge of the Probate Court to perform the duties of Clerk for his court, under such regulations as may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law. ;

Sec. 17. Judges may be removed from office by concurrent resolution of both Houses of the General Assembly, if two-thirds of the members elected to each House concur therein; but no such removal shall be made except upon complaint, the substance of which shall be entered upon the journal; nor until the party charged shall have had notice thereof and an tunity to be heard. eerie The several Judges of the Supreme Court of the Common Pleas and of such other courts as may be created, shall, respectively, have

Sec 19. The General Assembly may establish Courts of Conciliation, and prescribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission by the parties, of the matter in dispute, and their agreement to abide such judgmeut.

Src. 20. The style of all process shall be, * The State of Ohio; " all prosecutions shall be carried on in the name and by the authority of the State of Ohio, and all indictments shall conclude, "against the peace and dignity of the State of Ohio."

The Common Pleas Court

The first session of this court, held at Marion, was a special term, commencing May 7, 1824. by the Associate Judges, William Holmes, Jacob Idleman and David H. Beardsley, who appointed George H. Busby Clerk of the Court, pro tem.; but differing as to who should be appointed, each Judge having a candidate of his own, they agreed to consult the wishes of the people by taking the popular vote. Accordingly, the following entry was made upon their journal: " Ordered that the Clerk of the Court of Common Pleas of said county be elected at the next October election, and that William M. Holmes, Gideon J. Messenger and George H. Busby be considered as candidates for said office." At the election, the people chose Mr. Busby, and he was accordingly appointed for a term of seven years

Another special term of the court was held June 9, 1824, by the Associate Judges, at which session administration and apportioning Justices of the Peace for the different townships were the principal business.

The tirst regular term of the Court of Common Pleas of Marion County commenced September 23, 1824, Hon. Ebenezer Lane, President Judge, and the above mentioned Associate Judges. Benjamin Hillman was Sheriff. The appointments of Busby for Clerk and of Pettibone for Proseeuting Attorney were confirmed. The venire for the first grand jury was quashed on motion of the Prosecutor. The Sheriff summoned a Grand Jury as follows, the first in the county: Benjamin Salmon, Foreman; James Jenkins, Nathan Clark, William Wyatt, David Town, Samuel Jones, David Tipton, John Green, Hugh O'Harra, Samuel Kniseley, Alvin Priest, Levi Hammond, Daniel McMichael, William Caldwell and Isaac Darling. No middle names are mentioned in the above list, although some of the men had two given names. At this term several licenses to keep tavern were issued, at $7 to $10. Eaoch B. Merriman and James Bailie obtained license to keep store in Bucyrus for one year, at $15 each. J. H. & William Holmes and George Will obtained license for the same fee to keep store in Marion one year.

State of Ohio, Marion County, Court of Common Pleas of the term of September in the year of our Lord one thousand eight hundred and twenty-four.

Marion County, ss. The Grand Jurors of the State of Ohio, impaneled and sworn, to inquire of crimes and offences committed within the body of Marion County, in the name and by the authority of the State of Ohio aforesaid, upon their oaths present, that Eber Baker, late of the county of Marion aforesaid, on the 15th day of September, in the year of our Lord one thousand eight hundred and twenty-four, with force and arms at Center Township, in the county of Marion aforesaid, and within the jurisdiction of this court, did sell spirituous liquors by less quantity than one quart, to wit: One pint of whisky to one David A. Town, to be drunk at the place where sold, bret, at He iue of sain Eber Baker, in said township, without being duly authorized contrary to the form of statute in such case made and provided, and against the peace and dignity of the State of Ohio. ie We

Eber Baker

Whereupon, it is considered by the court that he pay a fine of one dollar, together with the costs of prosecution, taxed to, dollars and cents.

Samuel Bailie, at this term, was the first foreigner who filed his declaration of intention to become a citizen of the United States in this county. Samuel Holmes was appointed County Surveyor for five years. George H. Busby was appointed Recorder, pro tem. Court continued but one day.

A special term was held November 27, 1824, by the Associate Judges, William Holmes, Jacob Idleman and Benjamin Salmon. Special terms were also held December 7 and 13 following, and at the last date Mr. Bushy was appointed Recorder for seven years, as before mentioned. Special terms were held several times during the ensuing winter and spring, to attend tv habeas corpus and administration.

The first civil cases appearing on the docket as disposed of were at the April term, 1825. The first entries are of the cases of John Luck vs. Samuel Holmes and George A. Gaylord vs. William Caldwell, both of which were dismissed. The first civil case tried before a jury was that of Westell Ridgeley vs. Isaac Dorland, for slander. The plaintiff claimed $500, and got $7. May for plaintiff and Harkness for defendant. The following persons composed this first petit jury in Marion County: William Carpenter, George Fickle, George McElvain, Zebediah Hide, Alexander Frazer, George Poe, Amos Clark, James Scott, John Maxfield, Reuben Smith, Peter Beabout and George Luke. s

Two petit larceny cases were tried at this term, both defendants found guilty and sentenced io imprisonment in the county jail, one for seven days and the other for twenty days.

Slander cases were somewhat numerous in these early times, considering the small number of cases on the docket; but the court and jury had a habit then of going right through a case and it was soon ended.

The court allowed Edson Harkness $5 in each of the larceny cases above mentioned, for defending, and the Clerk and Sheriff were allowed the munificent sum of $35 each as an annualsalary for the term of seven years. At this term, the grand jury presented seven indictments - two for selling spirituous liquors and five for larceny. vn l

Two Wyandot Indians were brought before William Holmes at a special term September 1, 1825, on some complaint, but were discharged. Their peculiar names were Half John Frost,alias Dannubee,and General Washington, alias Nundundee.

This year, 1825, the Prosecuting Attorney, Milo D. Pettibone, was allowed a salary of $40 a year, to be paid him "in just proportions by the | County Treasurer, at the close of each term of court.' At the May term in 1826, Charles L. Boalt was appointea Prosecuting Attorney of Marion County, and Alson Norton was Associate Judge in place of Enoch B. Merriman.~ The court allowed Boalt, Prosecuting Attorney, the sum of $80 for prosecuting at the two terms of court held in the county, one-half at the present period of the county's history. In 1825, there was one indictment for forgery, one for perjury and one for horse-stealing; but neither of these cases was ever tried. Habeas corpus cases were common at special terms of the court, and generally the prisoners were set free.

The first minister's name on the records as of one authorized to solemnize marriages is that of Rev. Nehemiah Story, of the Regular Baptist Church, November 13, 1826.

At the November term, 1826, the salary of the Sheriff was fixed at $50 a year, payable one-half at each term of the court. The Clerk of the court -was also allowed a salary of $50 a year payable likewise. James K. Corey was allowed $15 for services as special prosecutor at this term. At the May term, 1827, Joseph Swan was appointed Prosecuting Aitorney of Marion County, and at the November term following, he was allowed $80 a year. At the end of the third day's proceedings of this term, in the journal entries, occur the words, " Judge Lane left the bench,": in his own handwriting.

The attorneys named on the docket during the first three years were J. M. May, E. Harkness, O. Parrish, M. D. Pettibone, Charles L. Boalt, P. :B. Wilcox, S. Banta and Mr. Latimer. Most of these were non-residents. The name of Godman and Bowen first appear on the docket in the case of Thomas McNeal vs. Bowdish and Town, in May, 1829. They were attorneys for Town. These gentlemen at once took a prominent position, as they had one side of almost every case, while C. L. Boalt had the other.

John Adair McDowell, the first President Judge of the Common Pleas District, which included the territory afterward made Marion County, was the son of Samuel and Ann (Irvin) McDowell, and was born near Harrodsburg, Ky., May 26, 1780. He studied law, and in the war of 1812 served with distinction on the staff of Gov. Shelby. - November 9, 1809, he married Lucy Todd Starling, youngest daughter of Col. William Starling, and at the solicitation of his brother-in-law, Lucas Sullivant, removed with his wife to Franklinton, Franklin Co., Ohio, late in 1815 or early in 1816, and there became a prominent and successful lawyer. In 1819, he was appointed by the court as Prosecuting Attorney for the county of Franklin. He was a member of the lower branch of the Legislature in 1818-19, and in 1820 was elected President Judge of his judicial district. He is remembered as a man of fine personal appearance, was possessed of great natural tulent and was popular. He died September 20, 1823, leaving two children. The vacancy on the bench caused by his death was filled by the appointment by Gov. Morrow of Gustavus Swan, whose jurisdiction, however, did not include Marion County.

Ebenezer Lane, according to the records, held the first courts of Marion County up to 1829. He resided at Norwalk, and the lack of conveniences for travel then existing made it a long and tiresome journey for him to come to Marion. He was a gentleman and lawyer of high character and ability. His finely and closely written signature on the old court records gives evidence of modesty and of an even and unruffled nature. He was afterward elevated to the Supreme bench of the State, and while occupying that position he became noted for the brevity of his written opinions. They were given in a few words, but explained his position admirably. After his term as Supreme Judge expired, he became noted as a railroad lawyer. He was in all respects a model man and an honor to his district and State.

David Higgins was Common Pleas Judge from 1829 to 1837. He also lived at Norwalk. He was a fair lawyer and an honest and good Judge, but quick and nervous. He lost his leg by amputation, having badly broken it by being thrown from a buggy, as he was going down a hill near Delaware. He afterward went to Washington, D. C., where he became a Clerk in one of the departments, and finally died in that city.

The Common Pleas records of Marion County are signed by David Hig- from 1829 to February 13, 1837, where the entry is made by the Clerk, " Records not complete after this date;" and no Judge's name appears thenceforward for a number of years.

Frederick Grimke, of Chillicothe, held this position. Judge Grimke was a tall, slim, pleasant-looking man, and had a fine legal education. He was distinguished more for his excellent knowledge of the law than for his practical application of it, but was possessed of very good ability in the latter connection. He was subsequently elevated to the Supreme bench of the State.

Hon. Ozias Bowen,* who passed from earth September 26, 1871, was one of the giants of the Marion bar. Born July 28, 1805, in Oneida County, N. Y., among the Catskill Mountains, not much is known of his early career, but sufficient has been preserved to establish that he was reared amid a community, outspoken, heroic, high-prinoipled, and these early surround. ings gave a permanent basis for his moral character. When a youth of eighteen, he came West to Ashtabula County, Ohio, where he studied law and was admitted to the bar, and where he also published a weekly paper. In 1828, he came to Marion, and after teaching school and keeping store, he resumed the practice of the law, rising to the positions of Prosecuting Attorney and Judge of the Court of Common Pleas, which position he held with credit to himself and benefit to the community for fourteen years, his circuit extending at one time as far as Lake Hrie. A seat on the bench of the Supreme Court of Ohio was also awarded to him. In whatever tended to advance the welfare of the people, Judge Bowen took a deep interest; education found him its warm advocate; all churches alike shared his bounty, although the Presbyterian community claimed him as its especial member; the cause of the slave found iu Judge Bowen an ardent advocate, and his associations were ever with the Republican party. He was the friend and coadjutor of such men as Salmon P. Chase, Columbus Delano and the like. His fine residence in the southern part of the village of Marion attested that his labors had met with their due peeuniary reward. In physique, Judge Bowen was five feet and eleven inches in height, while his weight was 195 pounds, thus attesting that a vigorous body is ever the basis of a vigorous mind. j ; ) ,

Judge Bowen's profession and the practice of it made him a prominent and noticeable character, not only in the town and county where he lived, but througout the State, and to him, as a lawyer, more attention should be given in this biography than to any other phase of his character. ,

He was a leading lawyer, eminent and successful, the peer of any with whom he eame in contact professionally. He was not a fluent or eloquent speaker, and brought to his,aid none of the graces or tricks of voice or ac- tion of the trained elocutionist. As an advocate, he was reasonable, logical, plain, fair, direct and powerful, and although he could not sway or control a court or jury by bursts of eloquence, yet he had immense influence as a shrewd, argumentative reasoner. He was a good judge of men and character, and had what hae always been the element or secret of success in every department of man's work - a vast amount of good, solid common sense. .

He was exeeedingly careful in giving advice and counseling in litigation, always desiring to avoid and keep out of bad cases; but when he had determined to go on he entered upon the work of the preparation and trial of his cases with the determination to succeed, and no client could ever charge him with neglect or want of zeal. His many years of practice and his long experience as a Judge made him exceedingly familiar with the law and especially rules of court and of practice. Yet even in his later years, he never went into court, in even the smallest of cases, without a brief, both of facts and of law. With good natural qualifications and long experience, he put no especial dependence . in either, but did depend on the results of special preparation and labor in every case. His secret of ' success was indomitable energy and unremitting labor. He kept a common-place book, in which were noted the results of bis investigations, and always ready and at hand; he had a brief when any subject came before him a second time. Every trial in which he was engaged found him with full and especially prepared brief, and every one was tried with a view of taking it to a higher court. If he did not secure on the first trial what he thought he ought to have, and his cases will show that even where he was. beaten below, he was most likely to be successful in the end. He was a bold, hard fighter, and like every strong, uncompromising character, made some enemies, but the profession will always recognize him as one of the strongest men at the bar in Northern Ohio, in his day. His thoroughness was remarkable and his attention to details equally so. His students will always remember one direction which he gave as to the conduct of trials, yiz., "never omit to make every point in your case, no matter how trifling or small it may seem to you, for although it may look trifling, yet it may be the decisive point in the mind of the court or jury to which you are trying the case." This notice of Judge Bowen's professional character and career would not be complete if we failed to note one beautiful trait in that character, and that is his uniform kindness and courtesy to the young men of his profession. All who were so fortunate as to practice with him will remember this. No young man ever appealed to him for professional assistance in vain, when he was free and could give it. He gave the benefit of his experience and counsel willingly and joyfully, and always had a kind and encouraging word to those who felt the embarrassment of inexperience, The young lawyers who were about him remember him gratefully. To do the life and professional character of Judge Bowen justice we cannot, dug. better sum up the whole matter than by saying, * He was a great

Benjamin F. Metcalf, the first Judge of Common Pleas for this district under the new constitution, lived the most of the time during his term of office at Lima, Allen Connty, although his home when elected was at Delphos, on the line between Allen and Van Wert. He was originally a tailor in Champaign County. It is thought that he was admitted to the bar at

Sidney, Shelby C»., Ohio, and he is known to have praeticed law at that point before his election to the bench. Considering his limited opportunities, he was a good lawyer and splendid Judge. What he lacked in schooling he made up in common sense. He had a large brain; was shrewd; a man of strict integrity and socially popular, being jolly and humorous, but strong drink got the mastery of him occasionally. He died at Lima soon after the last war.

William Lawrence, Judge of Common Pleas from 1856 to 1865, and the successor of Judge Metcalf, resided at Bellefontaine, Logan County. He was a well-read lawyer, possessed remarkable industry and energy and was a satisfactory Judge. Morally, he was religious and without blemish. He was always pleasant and affable, and was popular both with the people and the bar. He was brought up in Jefferson County, this State. At the opening of a court in May. 1861, when the people were excited about the war, he ordered the Sheriff to raise the national flag over the cupola of the court house in Marion, which order the Sheriff refused to obey. The latter was therefore brought into court and fined for contempt. He then hoisted the flag according to the original order. In 1862, Judge Lawrence went to the front with a regiment, of whicn he was Colonel. While in the serviee, his salary as Judge continued, which he drew and distributed to the school districts throughout his circuit. In the fall of 1864, he was elected to a seat in Congress, and resigned his position upon the bench to enter upon his new round of duties. Near the close of the term of President Hayes, he was appointed First Comptroller of the United States Treasury, which position he now occupies. Upon the, resignation of his Judgeship, the vacancy thereby occurring was filled by the election of .

Jacob S. Conklin, of Sidney, Ohio, who was possessed of good ability, but had not been as long in practice as Judge Lawrence. As a man, he was honest and conscientious. His habits are, to some extent, unfavorably commented upon. He is now located at Sidney in the practice of his profession. In the fall of 1882, ho was a candidate for Congress on the Republican ticket, but was defeated by Benjamin LeFevre. He was a fine lawyer and an honest Judge. He was succeeded by -

Abner M. Jackson in 1871, who, while in office and a resident of Bucyrus, resigned. He moved to Cleveland and afterward to Colorado. To fill out his unexpired term, the Governor appointed the present incumbent -

Thomas Beer, also a resident of Bucyrus, who was born in Wayne County, Ohio, September 7, 1832. He became a pupil of the Vermilion Institute, at Hayesville, Ashland County, and in 1848 began teaching school. He chose law as a profession, and commenced its study with John C. Tidball, at Coshocton, in 1851, teaching school in the meantime to defray expenses; remained with him until 1853. From 1854 to 1858, he was Postmaster at Alliance, Ohio, and in the latter year he became editor cf thé Stark County Democrat, at Canton, Ohic, and in 1862. editor of the Crawford County Forum. Was admitted to the bar in 1862, and began practice at Bucyrus, Ohio. In 1863, he was elected to the House of Representatives on the Democratic ticket, and re-elected, holding the position up to and including the session of 1866-67. Wasa member of the Constitutional Convention in 1873; appointed Judge of the Common Pleas Court for the Fourth Subdivision of the Third Judicial District of Ohio, August 15, 1874, then comprising the counties of Wood, Hancock, Seneca, ME yandot, Crawford and Marion. In October, 1874, he was elected to till the unexpired term of

Judge Jackson, who had resigned; in 1876, was re-elected to the full term of five years; and in 1881 he was again re-elected, to serve until February 9, 1887. As a practitioner, Judge Beer was fair and honorable. On the Bench he is not rapid in his decisions, but takes time to fortify himself with precedents, which practice leads the people to regard him asa careful, impartial and just Judge.

Some Of The Associate Judges

William Holmes, one of the original proprietors of the town plat of Marion, was an Associate Judge for a time. He left here some time previous to 1840 and went West, where he died many years ago.

Jacob Idleman was an Associate Judge as early as 1819. Before him was tried the first case in the Common Pleas Court. (See history of Pleasant Township.) .

Sandford S. Bennett, although he had no love of litigation, or anything in connection therewith, and never sought office, was, notwithstanding, honored with that of Associate Judge from 1832 to 1835. Born in Berkshire County, Mass., January 9, 1791, Judge Bennett survived, hale and vigorous, until November 29, 1881, when he was cut down suddenly by heart disease. In his family Bible, written in his own band, are these words: "Oh, how wonderful that I, the first-born of my father's family of ten children, should be left to record the death of each and all of them !" Reared at Burlington, Vt., amid the stirring scenes of the war of 1812, he came to Berkshire, Delaware Co., Ohio; in January, 1816; was Sheriff of that county and there married Almira Stoughton, of Hartford, Conn.; who survives him. residing with their only child, Eleanora, wife of Dr. T. B. Fisher. . Judge Bennett was successful in business, accumulating considerable wealth and erecting the large business block known by his name. He was a consistent member of the Protestant Episeopal Church from 1853 to his death

George Gray was born in Essex County, Del, May 18, 1806. His father, Frazier Gray, was à soldier in tbe Revolutionary war. George worked on a farm with his father until he was seventeen years of age, when he went to learn the carpenter and joiner's trade. , Three years afterward, he married Miss Jane Barr, February lä, 1827; then he worked two years in a ship yard near home. Then, in 1829, he came to Ohio in company with his brother, Rev. David Gray, arriving at Zanesville May 20, where the latter stopped. George came on to Salt Rock Township, this county, where he worked at his trade for awhile, as mechanics were very much needed at the time. In 1835, he was elected by the Legislature as Associate Judge of Marion County, and served seven years with fidelity. He served two terms as Probate Judge of Marion County, from 1860 to 1866, and was elected Mayor of the city of Marion. which office he soon afterward resigned. He was elected Justice of the Peace for Montgomery Township, and in 1858 was appointed Postmaster at Cochranton (Scott- Town). Finally, he was elected Justice of the Peace for Grand Township. He died at his old residence in Scott- Town December 29, 1880, one of the oldest members of Marion Lodge, No. 70, A. F. & A. M. He left five children. His wife died twelve years previously.

years, growing up with the place from its infancy, but not accumulating much property He moved to Missouri, where he died and was buried, about 1875. He was a very active man, positive in his manner and of strict. integrity. :