Morgan County, Ohio - Chapter with an unread heading (no. 7 of those read), 1886

Chapter with an unread heading (no. 7 of those read)

Morgan ( iu'nty Erected Decembek 29. 1817 - Its Original Boundaries - Further Legislation - Organization in 1819 - First Election in April, 1819 - Controversy over the County Seat - McConnelsville Selected - First Annual Election - Ineffectual Attempt to Change the Location of the Seat of Justice - Changes In tiie County's Boundaries - Township Organization - County Buildings - A Jail of Hewed Logs - The Second Jail - The Third Jail - The First Court House - The Present Temple of Justice - Building for County Offices - Mysterious Burglary - County Institutions - Children's Home - County Infirmary - I low the Pauper Question was Managed in Olden Times - Civil Poster - County Officers, 1819-86 - Members of Congress and of the Legislature - Miscellaneous and Interesting Statistics - Growth of the County in Wealth and Population.

1) y act of the general Assembly, De- V) cember 29, 1817, a new county called Morgan (named in honor of General Daniel Morgan, an officer of the Revolution) was erected from such portions of the Counties of Guernsey, Washington and Muskingum as were included in the following boundaries:

" Beginning at the southwest corner of township eight, range thirteen; thence east to the eastern bank of the Muskingum River; thence down said river with the meanders thereof to a point where it will first intersect the northern boundary of the donation tract ; thence east with the said northern boundary line to the 'southeast corner of township five, range nine; thence north to the northeast corner of said township; thence east to the western boundary line of Monroe County to the southeast corner of township six, range eight; tlience north to the northeast corner of township seven, range eight; thence west to the line of Muskingum

County; thence south to the southwest corner of township eight, range ten ; thence west to the center of township fourteen, range fourteen ; thence south to the southern line of said township fourteen, range fourteen ; thence east to the southeast corner of said township; thence south to the place of beginning."

The act provided that the county should be organized "whenever the legislature shall think proper," and that until organized the territory of the proposed new county should remain attached to the counties from which it was to be taken.

commissioners to locate the county seat. By an act passed December 28, 1818, to take effect March 1, 1819, all further provisions necessary to fully organize the county were made, and the first election for county officers was ordered to be held on the first Monday in April. Justices and constables who had been elected within those townships forming the new county were authorized to serve out their terms.

Of the election of April, 1819, there is no record. David Fulton, Sylvanus Piper and Robert McKee were chosen county commissioners; Nathan Dearborn, coroner, and Timothy Gaylord, recorder. No other officers appear to have been chosen, and only the bonds of Dearborn, dated June 25, 1819, and Gaylord, April 6, 1819, are recorded. The first commissioners' record cannot be found; but the mention of Fulton, Piper and McKee as commissioners in Dearborn's bond proves that they were elected to that office.

In reference to establishing the county there was, as a matter of course, among the scattered population a union of opinion and interest; all classes, politicians, farmers, office-seekers and mechanics were fully impressed with the absolute necessity and advantages of a new county. But when this was accomplished there came up the very interesting question : " Where shall be the county seat ? " Besides Malta, which was laid out in 1816, and Mc- Connelsville, laid out in 1817, there were other projected cities, rivals for the possession of the courthouse and jail. At the northeast were two contiguous locations, one the David Stevens farm on section 36, Bristol Township, the other owned by a Mr. ('handler of Muskingum County, on section 14 of the same township (now the farm of J. A. ( '. Lela.nd), both on the road from Zanesville to Marietta. On the west the Dawes and Shepard Farms, on the road from Ilarmar to Lancaster, each had advocates.

January 26, 1818, the legislature, by resolution, appointed Ephraim Cutler, of Washington County, Samuel Lybrand, of Pickaway, and David Robb, of Guernsey, to fix the seat of justice in Morgan County, which duty they proceeded to perform in the following May. After a careful personal examination of each locality Cutler and Lybrand decided in favor of McGonnelsville ; Mr. Robb dissented, preferring the location on the Marietta and Zanesville road as beifig nearer the geographical center. This idea of geographical center had been the controlling influence in fixing county seats, and was strenuously presented by those of the eastern part of the county, who were not disposed to give up their project without further effort, being greatly encouraged by those living west of the river, and additionally by the dissent of Mr. Robb. And here was the beginning of the local parties of the county, elsewhere mentioned, with which interesting reminiscences are connected.

The first annual election was held October 18, 1819, when only county officers - a sheriff, coroner and three commissioners - were voted for. The interest in the election centered on the commissioners, as they would have the power of erecting county buildings, in regard to which nothing had yet been done, probably because the first board did not favor McConnelsville as the seat of justice. Numerous candidates were put in the field, each locality having its favorites. A full vote was polled. The following are the names of the candidates, their location and the number of

The number of votes cast at this election was about six hundred. The first three named, being those in favor of the location at McConnelsville, were elected ; in Morgan Township each of them had sixty-five votes, the others who were voted for having but fifteen each. The entire vo.e of the east, Noble, Olive, Olive Green,* Manchester, Seneca. Centre and Meigsville Townships, and a part of Bristol, was opposed to the location at McConnelsville, and in this was materially aided by the disaffected of the West. Their defeat was by so small a majority as to encourage them to further efforts. Accordingly a petition was presented at the subsequent session of the legislature, asking the appointment of another board of commissioners to review the proceedings of the former board. By whom the petition was presented to the house is not known, but it is said that through the influence of a member from Belmont a resolution was passed designating other commissioners with power to review and relocate.

At that time there was only a mail every Saturday evening, whereby the doingsof the legislature could be gained through the newspapers ; but by some means information was obtained that this resolution had been introduced and passed the house, and was pending in the senate. This news, of course, produced much excitement among the dwellers in the valley, and required prompt measures to counteract dseffects. Forthwith a remonstrance was drawn up, and besides the signatures of those in town and vicinity the names on the militia rolls in possession of the captains of the neighborhood were appended. With this Mr. Jacob Adams, who then as subsequently was among the most energetic citizens of the countv and town, started, and by way of Lancaster arrived at Columbus on the afternoon of the second day, and unfolded his "ponderous roll" to Colonel Jackson, the senator from Muskingum, who the next morning had the house resolution called up, and on his motion it was "indefinitely postponed," only one senator voting in the negative. Thus the question was settled. The negative vote was by David Robb, the dissenting commissioner, then a member of the senate from Guernsey, Coshocton and Tuscarawas Counties. The member from Belmont, through whose influence the resolution to appoint other commissioners passed the house, was said to be Charles Hammond. lie was a personal friend of David Robb, and one of the most prominent lawyers of the State, who had previously represented Belmont County in both houses. Therefore he had a corresponding influence in 1 1 le legislature. But its application in this case entirely frustrated his future political aspirations. In 1822 he was a candidate for congress. Morgan County was then in the district with Belmont, and but for the untiring opposition of some of those in McConnelsville who had not forgotten his course in this matter in the legislature he would have been elected.

By this map the boundaries of the county included original townships 6 and T of range S, which, by act of the legislature, December 24, 1819, were attached to Monroe County, doubtless to prevent a further tight on the county seat question by the "east-enders."

In 1845 (March 11), for purposes before alluded to,* the two townships of Marion and Ilomer, Athens County, and seven sections of Roxbury Township, Washington County, were attached to Morgan County; and afterward - March, 1851 - for a similar object, Noble County was erected, and the townships of Brookfield, Noble, Olive, -Jackson (formerly Olive Green), and one-half of Manchester, were taken from Morgan County to form a part of it.

The map in question reveals but two roads - the road from Marietta to Zanesville, leading through Centre and Bristol Townships, and a road from McConnelsville to Zanesville, along' the river oil the east side of it. Why the II anna, r and Lancaster, or State Road, which had been traveled for some years before, is not laid down, is not readily apparent. The map seems faulty in other particulars ; for instance, Morgan. Meigsville and Centre are the only townships named in it, but there is evidence that other townships were in existence in Mowgan County before the map was made (August, 181!)). " Meigs-

* Although Dr Kobertson very justly criticises the mot i vos \vh ieh led to II ic \ . nous cluuiges in the county's boundaries, the fact yet rein:. ins that Morgan County is now much more shapely than it was originally, besides having its county seat much nearer the "geographical center." Ei>.

ville postoffice" is marked on the Marietta Road at the southeast corner of township 11. range 11. McConnelsville is also named; but Malta, the older village of the two, is not.

The early records of township organization are incomplete and indefinite. There is, however, sufficient evidence to show that the following townships were in existence as civil divisions of Morgan County in 1819: Bloom, Bristol, Brookfield, Centre, Deerfield, Meigsville, Morgan, Noble, Olive, Olive Green, Penn, Windsor and York. Deerfield was organized prior to the erection of Morgan County, as was also (Noble. The rest of the abovenamed townships were organized under the jurisdiction of Morgan County. Brookfield, Noble, Olive and Olive Green (now Jackson) are now in Noble Union Township, Morgan County, was organized in 1821 ; Manchester m 1822, and Malta in 1839. Homer and Marion were taken from Athens County in 1845.

The county seat having been established, the commissioners turned their attention to the arragement of the machinery for the administration of justice, and the first requisite then, as now, was to fix a locality for those who were unwilling to await its 'dispensation.

The first edifice for this purpose was built of the large poplars from near by, hewed on one side so as to make a smooth surface for tin1 interior, the bark removed and the logs notched down at the corners, "log-cabin" fashion, with " puncheon " floor and ceiling. The door at the end was well spiked, and furnished with heavy hinges and lock; but either from its peculiar construction or other causes the building was never list'd as a prison, and was sold, together with the

In 1820 jail Mo. 2 was erected in the rear of the present courthouse, of the same material, poplar logs, hewed square, twelve by eighteen inches, fitting closely, and dovetailed at the corners, and built to the height of twelve feet. An exterior wall of the same construction was erected, with an intervening space of twelve inches, which was filled with stone, thus making a wall three feet thick. The floor and ceiling were of oak plank. The building was divided to make two rooms fifteen feet square, and a hall of fi ve or six feet, with a strongly nailed door to each room, and one on the outside. The front of each room had a small window ornamented by the usual lattice work. In either partition was a small aperture through which refreshments were furnished to the temporary occupants. Retention being the primary object little attention was paid to the prisoners' comfort, and ventilation was entirely ignored. Thomas Byers built the jail for $530. The contract was signed December 3, 1819. Although it was built for strength yet from some defect in the ceiling or upper door, jail deliveries were not infrequent.

The present jail, with several subsequent modifications is, with the sheriff's residence, in length and width eighty by thirty-one feet. It was built in 1840 on the square immediately east of the courthouse. The sheriff's residence, occupying one-half of the building in front, has two rooms in the first and others in the second story. The building is of brick, except thirty by thirtyone feet of the lower story of the prison proper. This part is of dressed stone. There is a hall ten feet wide bet ween the sheriff's rooms and the prison, which is a square room, having three large windows on each side, and two on the north end, all secured with wrought-iron lattices. In the center of the room, about four feet from the wall, is a square of lattice of wrought iron, containing six compartments, each about four by ten feet. The door to each can be secured by an arrangement from the hall without entering the main room. Over the hall, on the side next to the courthouse, is a room ten feet square, fitted up, probably, for special prisoners. The exterior of the building is like that of an ordinary dwelling, while the interior is unobjectionable, except that there is no proper provision for ventilation.

The first courthouse was built of brick in 1820 by James Young,* of Morgan Township, and stood nearly on the same ground occupied by the present. It was about forty feet square and two stories high. The court room was below, and the four rooms above were probably intended for jury rooms - one, being the largest, was called the grand jury room - and for the county officials, though for the latter purpose they were never used, each official furnishing his own office wherever most convenient in town. The building stood alone, unadorned by paint or palings, only relieved by the old jail in the background, and with its seldom-closed door was the omni mu gatherum , besides its legitimate purpose for any or all of the religious denominations on Sundays, and on other days and nights for political mass meetings, amateur theatricals, or Fourth

* The contract for doing1 the frame work of the courthouse was awarded to William Fonts, December 3, 1S19. His compensation was $011). It is not known exactly how much Mr. Young1 received for doing the stone and brick work; but as his bond was for $2,000, probably lie received not far from $1,000.

The present courthouse occupies nearly the same place on the square as the old building, except that the front is on Center street. It was built in 1 858, is fifty -six feet wide, and including the portico, ten feet, is seventy-eight feet in length. In front of the portico are four Doric columns. The stories are sixteen feet each, with basement of six feet.

On the first floor is a, hall twelve feet wide, and on the sides are the offices of the sheriff, recorder, probate court, auditor, treasurer and clerk. From this the stairs - four feet wide - lead to the vestibule of the court hall, which is about fifty-three by fifty -four feet, well arranged for judge, jury, clerk, sheriff, attorneys, witnesses and spectators. On either side of this vestibule are the three jury rooms and the room for the prosecuting attorney, and the stairs to the belfry.

At the base of the west column is deposited a tin box, in which are copies of the papers then published in town, a manuscript list of all the county officials and prominent men, of the mechanics engaged in the building, silver and gold coins of that date, $1 of 1800, and a specimen of mineral teeth, made in McOonnelsville by (feorge F. Robertson (second son of the writer)/ The box was apparently well-protected from disintegration.

The adjoining lot on Main street, which was sold in I 820, was re-puroriginal square - and now presents quite a different appearance to that of the first. A neat green sward inclosed on Main and Center streets, with an iron fence on a stone base, with the elms and maple trees, which possibly occupy the places of those of "long ago," will commend the arrangement of the commissioners who ordered the erection of the house, and of those who have added to its appearance.

In 1835 the commissioners came to the conclusion that the archives of the county were becoming valuable, and in order to secure their preservation they erected on that part of the square in front of the present residence of the sheriff a one-story "fire-proof" stone building, about twenty by forty feet, with two rooms, two small windows to each in front and one each in the rear, a front door to each room, stone floors and stone arched ceilings. One room was occupied by the clerk of the court and the county recorder, the other by the auditor and treasurer. Rut the immunity from fire was the only valuable feature. It was dark and damp below and above, and in every respect eminently prejudicial to the health of its occupants; nor did the massive stone walls and iron doors and window shutters prevent the burglarious removal of the deposits from that part of the building occupied by the county treasurer. "No arrests were made," and thereby hangs a tale which has never yet been unfolded.

On the west bank of the river, two miles above Malta, is a manifestation of the munificence of the county, which has provided for the comfort and happiness, and the guidance in the paths of virtue, of those who otherwise would have been east on the cold charities of the world, subjected to want and exposed to all tln> vices incident to poverty, idleness and ignorance. A sight of the healthy, happy faces of the juveniles, from nine months to three years of age, in the nursery, and the equally pleasing contentment of the older, in the schoolroom. or at play on the lawn, would afford a thrill of pleasure and proud satisfaction of mind, in having aided in placing them in a happy though temporary home. But to enhance the pleasure of having participated in the J completion of so noble an institution all the apartments of the structure should he seen "at any time," or as seen by the writer on the " female busy day." Thus seen by one who voted " No " when the proposition to build was submitted to the voters of the county he would he disposed to follow the example of j some legislators and change his vote.

In 1879, after the examination of several desirable localities on both sides of the river, which were offered on advantageous terms, the commissioners purchased the location, with fifty-six acres of land, for $3,500.

In July, 1880, the contract for the building was awarded to Geo. B. Fonts and 11. McGrath, for $7,302.75, to be completed by the 1st of July, 1881.

The building is of brick, fifty by sixty feet, two stories high, exclusive of the attic and basement. In the latter is the kitchen, with the attendant dumbwaiter, laundry, two cellar rooms, schoolroom, hall, and a room for the morning ablutions of the children. The outside entrances are from the north or river front, and east and west to a like number of halls, the reception-room and office, sitting-room, nursery, diningroom, closets, etc. On the second floor are the two sleeping-rooms, each with ten or twelve beds, and bath-rooms attached, matron's and assistant matron's rooms, bath-rooms, sewing-room and halls. The attic is neatly fitted up for other assistants and arrangements for separate places for the baths of boys.

The house was opened for the reception of children on the 31st of October, 1881, when thirty-seven were brought from the infirmary. Since that time the average number has been about forty; the present number (September, 1883) is thirty-seven - the Oldest sixteen years and the youngest nine months. Thirty of these are of school age, and their attendance in the school room is as regular as in other schools as to time and study, with an observance of all of the holidays, Christmas, Thanksgiving, Fourth of July, etc. At other times those physically competent are engaged in the legitimate labor of the house and farm.

J. FI. Barker was the first superintendent and Mrs. J. IT. Barker first matron, and are yet continued ; Miss M. G. Smiley, assistant matron and school teacher, and at the present, in military parlance, the roster is unexceptionable.-

For many years after the county was organized paupers were cared for by the authorities of the several townships. It was the custom for the township officials to make annual contracts with the "lowest bidder" to feed and clothe the township charges. The compensation was generally low, the contractor being expected to recompense himself in part for his trouble by the labor of the pauper.

seers of the poor," to whose guardianship the poor were confided. To avoid an increase of taxes and " pauper immigration" the overseers were required, wnen persons who were deemed liable to become township charges moved into the township, to order such persons to depart. The warning might or might not be obeyed, but when given it precluded support by the township. Under the workings of this law many injustices were committed, some of those who received warning becoming in after years very prominent citizens.

In 1819 the county commissioners purchased a county farm, or a poor farm, as it was then styled. The tract contains 311 acres, and is situated upon the river two and a half miles below McConnelsville. The price paid for it was $6,600. Work was at once begun, new buildings erected and old ones repaired, and the paupers removed to their new home. From March 6, 1819, to January 1, 1852, the county paid for farm, buildings, improvements and superintendence the sum of $20,600. The paupers are properly cared for by the proceeds of the farm, aided when necessary by a county tax.

The infirmary building is of brick and stone, two stories high, eighty feet front and thirty feet wide, with a wing of the same size. It is well arranged, properly ventilated, and the building and its surroundings kept in good order. Among the earliest superintendents of the farm were (leorge Campbell, 1819, Wm. Thompson, 1850-53, Enoch Parker and Eden Updike. James Mc- Adoo became superintendent in the year 1885.

" This day the commissioners put up John Smith, an insane person, to sale to the lowest bidder ; whereupon it appears that John Sliriver was the lowest bidder, for which said Sliriver agrees to keep said Smith for the time of one year in clothes and good, wholesome food, etc., for the sum of $19.25."

In 1885 it was decided to erect an additional building at the farm in which to keep the incurable insane, and in May, plans, specifications, etc., were presented by II. McGrath, architect, which were adopted at the July session of the board of commissioners. The contract for the building was let for the sum of $5,721.

Civil List

President Judges. - At the organiza tion of the county, Morgan was included in the fourth judicial district, but on the 20th of February, 1820, it became a part of the eighth district, in which it still continues. The judges of the court of common pleas in this county have been as follows: Ezra Osborn, of Scioto County, 1819-20; Thomas Irvin, of Gallia, 1826-39; John E. Hanna, of Morgan, 1 810-17 ; Arius Nye, of Washington, 1817-50; A. G. Frown, of Alliens, 1850-51. Under the new constitution, Muskingum, Morgan, Guernsey and Noble became the eighth judicial district, and thenceforth the judges were elected. Richard Stillwell, of Muskingum, was the first elected under this regulation, and held the office in 1852-51; succeeded by (diaries ( '. ('Olivers, of Muskingum. 1851; ( Arrington W. Searle, of Muskingum, 1855-50; Lucius P. Marsh, 1857-61; Ezra E. Evans, 1802 00; Moses M. Granger,

|m>7 69; Frederick W. Wood, 1809 - 74 ; W. II. Frazier, 1871-72; Lucius P. Marsh, 1 s 7 ."> -79; William II. Pall, 1879- s4 ; George L. Phillips, 1884. There have heen several changes in the extent of the district, the sub-districts and the number of judges. The names given are those of the judges who held court in Morgan County in the years mentioned.

Clevis of Court. - Samuel A. Barker, 1819-24. At the September term of court, 1824, charges were made against Dr. Barker of malfeasance in office, and he was removed -unjustly, as many thought - and Amasa Piper appointed clerk pro tempore. In March, 1825, Perley B. Johnson was appointed deputy clerk; August 25, 1825, Piper resigned and Johnson was appointed to the vacancy. By reappointment he served until 1832 and was succeeded by Samuel A. Barker, 1833-35; James M. Gaylord, 1 835-48 ; W. C. Shugert, 1849- 51. The office became elective in 1851, the term being three years, and has since been tilled by Ford Sill, 1852-54; David 11. Mortley, 1854-56; George S. Welsh, 1857-63; A. Alderman, 1864-

Sheriffs. - Jacob P. Springer was elected sheriff at the first annual election, 1819; but for "illegality in the poll-books" a contest was entered by John Bell, and he did not act as sheriff until the second day of the March term, when the court, after hearing the contestants by counsel, decided the charges unsustained, and ordered the clerk to deliver Jacob P. Springer a certificate of election. He was re-elected, and served until 1823. Edwin Corner was sheriff from 1823 to 1825, and was a candidate for re-election in the latter year. He contested (unsuccessfully) the election of his rival, Dr. S. A. Barker. The latter served two terms, 1825-29, and was followed by William Hawkins, two terms, 1829-33; Andrew Fouts, two terms, 1833-37 ; and Charles F. Alden, two terms, 1837-41. In March, 1841, Alden left unexpectedly for the Far West, leaving his bondsmen and others the sorrowing victims of misplaced confidence. The office has since been filled as follows : William Parrish, 1841-45 ; Robert A. Pinkerton, 1845-49; Newton M. Brent, 1849-51 ; Isaac II. Roland, 1853-57 ; Andrew Kahler, 1857-61 ; Newton M. Brent, 1862-66 ; J. C. Murduck, 1866- 7<» ; Augustus 1). Havener, 1870-74; Lewis Thompson, 1874-76; John S. Dunn, 1876-80 ; Alexander B. Mclntire, 1880-84; William Taylor, 1884-86; John R. Harper, elected 1885.

Proimte Judges. - Previous to 1851 the probate business was transacted by the court of common pleas. By the new constitution the probate court was created. In addition to matters pertaining to the settlement of estates and the issuing of marriage licenses it tries appeals from the decisions of the county commissioners in road matters; makes examination of insane persons, and has co-ordinate jurisdiction with the court of common pleas in the issue of the writ of habeas corpus. The probate judge is elected for a term of three years. Since its establishment the office has been filled as follows: Ezra E. Evans, 1852-53 (resigned 1853); -lames M. Gaylord, 1853-55; Lemen Fouts, 1855-61; David C. Pinkerton, 1861-76; Newell Corner, 1876-88.

the list which follows the names frivcn are those of the commissioners in the December term of each year, as now members of the board enter upon t heir office at that term.

State Officers

Francis Ik Pond, attorney general, 1870-71; Alexander McConnel, member board of public works, 1836-38. Presidential electors: Alexander Mc- Connel, 1832 ; Perley B. Johnson, lxio ; Frederick W. Wood, 1870. Member of constitutional convention, 1850-51, Wm. Hawkins; Francis B. Pond, 1873.

Name

+ Corner's election was contested and the seat given to Cautius C. Covey, who was killed by a boiler explosion on the steamer " Buckeye Belle," near Beverly, while on his way to Columbus in November, 1852. Wm. Hawkins was elected his successor.

Miscellaneous Statistics

Prices of Produce in 1818 and 1885. - There are few who can turn over the pages of memory to the days of 1818. But it may interest the many to make an occasional comparison of the cost of a few indispensahles.

The following quotations are intended for an average for the year given, although they are the actual quotations at a special date therein :

The dry-goods merchants were not in the habit of giving quotations for calicoes and muslins. But those who were buyers in 1862, when " cotton wras king," will remember that eight and ten cent prints sold for 25 to 30 and muslins from 40 to 60 cents per yard.

An interesting item in this connection is the number of dogs in the count v, which for that period averaged 2,000, and the average damage in killing and

* During: the war of IMIS the Hritish captured one of Stephen Girard's ships, freighted with tea. The captors informed him that lie could purchase if from them. 'I'li is lie unhesitatingly did, and had it fora less price than the government duty. One chest of this tea Mr. Adams retailed in McConnelsville for jit per pound.

In the valuation of land in the county it is not probable that any estimate of additional value has been made of the underlying coal ; and the singular fact may be observed - by reference to the geology of the townships - that in the entire course of the river through the county, on either side, there is as yet no coal developed for the distance of from two to live miles from it, with the exception of Sherwood's and ITooksburg.

Consequently the salt works have been, and the villages on the river are, dependent on what is mined from two to three miles above the county line in Muskingum County, furnished by Mr. Siler per his steamer and Mr. Stone whith his barge from Blue Rock.

In 1885, for all purposes, including delinquencies and forfeitures, and excepting per capita tax on dogs, $138,442.65; total of state tax for 1885, $23,145.05; county and local tax, 114,016.99; dog tax at one dollar each, $1,681.