Muskingum County, Ohio - Chapter 3: Poiiltical History, 1882

Congress State Senators Speakers Of

The first acts of Territorial Legislation were passed at Marietta, then the only American settlement northwest of the Ohio. The Governor and Judges did not strictly confine themselves within the limits of their legislative authority, as prescribed by the ordinance (1787). When they could not find laws of the original States suited to the condition of the country, they supplied the want by enactments of their own. The earliest laws, from 1788 to 1795, were all thus enacted. (From Chase's Statutes, p. 25). In the year 1789 the first Congress passed an act recognizing the binding force of the ordinance of 1787, and adopting its provisions to the Federal Constitution. The act provided that the communications directed in the ordinance to be made to Congress or its officers, by the Govern- or, should thenceforth be made to the President, and that the authority to appoint, with the consent of the Senate and commissioned officers, before that time appointed and commissioned by Congress, should likewise be rested in that officer. In 1792 Congress passed another act giving to the Governors and Judges authority to repeal, at their discretion, the laws made by them ; and enabling a single Judge of the General Court, in the absence of his brethren, to hold the terms.

At this time the Judges appointed by the National Executive constituted the Supreme Court of the Territory. They were commissioned during good behavior, and their judiciarl jurisdiction extended over the whole region northwest of Ohio. The court thus constituted was fixed at no certain place, and its process, civil and criminal, was returnable whei^soever it might be in the l^'erritory. Inferior to this court were the county courts of Common Pleas and the general Quarter Sessions of the peace. The former consisted of any number of Judges, not less than three nor more than seven, and had a general common law jurisdiction, concurrent with the respective counties, with that of justices for each county, to be determined by the Governor ; who were required to hold three terms in ever}^ year, and had a limited criminal jurisdiction. Single Judges of the Common Pleas and single justices of the Qiiarter Sessions were also clothed with certain civil and criminal powers to be exercised out of court. Besides these courts, each county had a Judge of Probate, clothed with the ordinary jurisdiction of a Probate Court.

Such was the original constitution of courts and distribution of judicial power in the northwestern territory. The expenses of the system were defrayed in part by the national government and in part by assessments upon the counties, but principally by fees which were payable to every officer concerned in the administration of jtistice, from the Judges of the General Court downward.

In 1795 the Governor and Judges undertook to. revise Territorial laws and to establish a complete system of statutory jurisprudence by adoption from the laws of the original States, in strict conformity to the provisions of the ordinance. For this purpose they assembled at Cincinnati in June and continued in session until the latter part of August. The judiciary system underwent some changes. The General Court was tjxed at Cincinnati and Marietta, and a Circuit established, with power to try, in the several counties, issues in fact depending before the Superior tribunal, where alone causes could be finally decided. Orphans' Courts, too, were established, with jurisdiction analogous to but more extensive than that of a Judge of Probate. Laws were also adopted to regulate judgments and executions, for the limitation of actions, for the distribution of intestate estates, and for many statute book of Pennsylvania. From this time to the organization of the Territorial Legislature, in 1799, there were no acts of legislation, except ten laws adopted by the Secretary and Judges in

The people were now entitled under the ordinance to a change in the form of their government. That instrument provided that, upon giving proof to the Governor, that there were five thousand free males of full ages in the territory, the people should be authorized to elect representatives to a Territorial Legislature. This privilege was, however, confined to freeholders, in fee simple, of fifty acres within the district. No others were entitled to vote, and only freeholders, in fee simple, of two hundred acres within the district, were eligible as representatives. When chosen, the House of Representatives were to assemble in convention and nominate ten freeholders of five hundred acres, of whom the President, under the constitution, was to appoint five, who were to constitute the legislative council. Representatives were to serve two and five years. The two houses were to constitute a Territorial Legislature, with power to make any laws not repugnant to the National Constitution or to the ordinance of 1787. The Judges were thenceforth to be confined to purely judicial functions, the Governor to retain his appointing power, his general executive authority, and to have an absolute negative upon all were according^ elected, who assembled at Cincinnati in pursuance of the Governor's proclamation, and nominated ten persons for councilmen. Of these, five was selected by the President, and the sixteenth day of September, 1799, was appointed for the first meeting of the Territorial then addressed the Legislature. He commenced by expressing his gratification that the laws, by which the people were to be governed, "were thenceforth to proceed from the peoplei's representatives ; but, at the same time stated his entire conviction that the system which had been superceded was wisely adopted to the original circumstances of the Territory.

He called the attention ol the Legislature to the laws which have been enacted b}' the Governor and Judges ; observed that doubts had been expressed from the bench as to their validity, and advised that they should be repealed and their place supplied by others, or confirmed by a law for that purpose. Efficient revenue and militia systems were likewise recommended. He suggested the expediency of a memorial to Congress, praying that the fee of section sixteen, reserved by the ordinance of 1785, for the use of schools, and section twenty-nine, reserved in the contracts with the Ohio Compan}' and John Cleves Symmes, for religious purposes, might be vested in trustees, with power to dispose of them in such manner as might best secure the fulfill- ment of the beneyolent intentions of the national Legislature. To this address each house i-eturned a cordial and respectful answer, assuring the Governor of their general concuiTence in his views, and of their readiness to co-operate with him, strenuously, for the ad^jancement of the

The First Territorial Legislature

Met at Cincinnati, September i6th, 1799, ^^^ '^^~ journed the 19th of December following. An address was voted to the President of the United States, expressing the entire confidence of the Legislature in the wisdom and purity of his administration, and their warm attachment to the American Constitution and Government.

Within a few months after the close of this session, Connecticut ceded to the United States her claim of jurisdiction over the eastern part of the territory ;"upon which the President conveyed by patent, the fee of the soil to the Governor of the State, for the use of grantees and purchasers claiming under her. The same Congress which made this final arrangement with Connecticut, passed an act dividing the northwestern territory into two Govei-nments, by a line drawn from the mouth of the Kentucky to Fort Recovery, and thence northward to the territorial line. East of this line, the Government, already established, was continued, while west of it, 'another, substantially , similar, was established. This act fixed .the seat of the eastern Government at Chillicothe ; subject, however, to be removed at the pleasure of the Legislature.

At Chillicothe, therefoi'e, thfe second session of the Territorial Legislature was held. This was a shorter session than the preceding, and the Legislature was less important. ... At this session, the project of changing the boundaries prescribed by the ordinance for the States to be erected within the territory began to be the theme of convei^sation.

On the twenty-third of November, 1801, a new Legislature convened, and this project was resumed. The object was to so change the boundaries that the eastern State, when formed, should be bounded on the west by^ the Scioto river, and a line drawn from the intersection of that river with the Indian boundary to the western extremity of the' Connecticut reserve ; the middle State, by a line running from the intersection of the Ohio with the western boundary of George Rogers Clark's grant to the head of the Chicago, and by that river to Lake Michigan, to the territorial line and the western State by the Mississippi.

The Constitutional Convention assembled at Chillicothe on the first day of November, 1802. . . . The formation of the Constitution was the work of a little more than three weeks. On the twenty-seventh day of November it was ordered to be engrossed, and on the twenty-ninth was ratified and signed by the members of the

Convention. It was never referred to the people for their appi'obation, but became the fundamental law of the State by the act of the Corivention alone.

I/oTiJ Crime was Punished in Olden Time." - The Territorial form of Government was even more rigid than that which succeeded it under the State organization, although the former was not immediately set aside for a new code. We can but note that the legislative enactments were calculated to strike terror into the heart of the oflfender, and that probably such laws could not be passed even in a Territory at this day.

The First Lavj for Whiffing, as a penalty for crime, was made by Governor St. Clair and Judges Parsons and Varnum, at Marietta, September 6th, 1787, entitled, "A law respecting crimes and punishments." Section 11 of the law provides that when three or more persons, constituting a mob, commits unlawful acts, and failing to disperse when ordered to do so, each offender, upon conviction, "shall be fined in a sum not exceeding three hundred dollars, and be whipped not exceeding thirty-nine stripes, and find security for good behavior for a term not ex-, ceeding one year. " For a second offense, the whipping was to be repeated, as well as the fine and security, and the offender was committed until the sentence be fully performed.

For breaking into a house, store, shop, or vessel, in the night season, with the intention of stealing, the penalty was thirty-nine stripes and security for good behavior ; in default of security, imprisonment not exceeding three years. If articles be stolen by said burglars, a fine of treble the amount of their value was to be inflicted, one-third of the amount to go to the Territory, the remaining two-thirds to the party injured. If, in the perpetration of the crime, the burglars " shall commit or attempt to commit any personal abuse, force, or violence, or shall be so armed with any dangerous weapon or weapons as cleai-ly to indicate a violent intention, he, she, or they so oflending, upon conviction thereof, shall moreover forfeit all his, h*, or their estate, real and personal, to the Territory, out of which the party injured shall be recompensed as aforesaid, and the offenders shall also be committed to any jail in the Territory for a term not exceeding forty years. Accordingly, in those days there was a whipping-post. Every coui"t-house in Ohio was i-equired to have its yard decorated with a whipping-post, a pillory, and with stocks, and each and all of the " cruel and unusual punishment" for which the court-house yard ornaments were to be used was inflicted by the sentence of the law on persons adjudged guilty of crimes now lightly punished.

Sitting in the -pillory after -whipping. - For perjury, or refusing to be sworn to a fact, or denying it, knowing it to be true, the penalty was a fine of sixty dollars, "or be whipped not exceeding thirty-nine stripes, and shall moreover be set in the pillory for a space of time not exceeding two hours." For forgery, besides being compelled to pay double the amount he sought to defraud, one-half to the party injured, he was to sit in the pillory for a space not exceeding three hours. For a'rson, or aiding in the commission of the crime, the penalty was whipping to the extent of "thirty-nine stripes, put in the pillory, and there be continued not exceeding the space of two hours, confined in the jail not exceeding the space of three years, and forfeit all his, her, or their estate, real or personal, to the Territory, out of which real estate, if sufficient, shall be paid to the party injured his full damage. And in case death should ensue from such burning, the offender or offenders, on conviction, shall suffer the pains of death."

To make children and servants dutiful. - If any child or servant, contrary to his bounden duty, shall presume to strike his parent or master, upon complaint and convictioff befoi^e two justices of the peace, the offender shall be whipped not exceeding ten stripes.

Selling into slavery not exceeding seven years. - For larceny, for the first offense, the restitution of two-fold value of the thing stolen, or if they be not recovered, " whipped not exceeding thirty-nine lashes." In case the offender hath not property, real or personal, wherewith to satisfy . the sentence of the court, it shall be lawful for the sherift, by direction of the court, to bind such person to labor, for a term not exceeding seven years, to any suitable person who will discharge such sentence."

In the stocks for tearing down hand-bills. - On the 22d of June, 1791, the Governor and Judges, then and after using Cincinnati as the Capital of the Territory, enacted a law punishing the malicious tearing down or destroying in whole or in part any copy or transcript of a law of the Territory or of the United States, or any official proclamation of the Governor or President, with fine, which, if not paid, would send the offender to the stocks for three hours.

After thus providing for the punishment of crime by placing the offender in the stocks, or tying him up to the whipping-post and lashing his bare back with a ftiwhide, it probably occurred to the Governor and Judges, as the lawmakers of the Territory, that the laws thus far enacted had made no sufficient provision to carry the whipping and stocks into immediate effect, and hence, on the 21st of August, 1792, a law was passed the title of which is as follows :

The body of the law makes provision for the erection of the buildings named, with the ornaments of "pillory, whipping-posts, and so many stocks as may be convenient for the punishment of offenders," etc. The same day the above law was passed another law was enacted, entitled "An act for the better regulation of prisons," the first section of which provides that in civil or quitam action, through the insufficiency of the prison, or the negligence of the sheriff' or jailor, the prisoner escapes, the sheriff is made liable for the debt. If the escape was consequent on the weakness or insufficiency of the jail, the Court of Common Pleas had power to assess the damages to the plaintiff on the county in the full sum for which the escaped prisoner was incarcerated, which amount had to be raised by taxation, to be paid to the sheriff to indemnify him.

"The frauds that were practiced on the counties, under this law, by collusion between plaintiffs and defendants, when no debts were really due, and when defendants were utterly insolvent, became so apparent and oppressive that this section was repealed. " - [See Ohio Reports, p. 358-]

Legislative enactments, however defective in form, have ever been intended to secure the ends of justice ; hence the law maxim, actus legis nulli facit injuriam. That there were errors in legislation is possibly true, but non omnis error stultitia est dicenda:" And it is even now held that "bad grammar does not vitiate the deed." The science of law, though among the noblest of sciences, is not wholly devoid of imperfections, and the members of the profession are not all immaculate.

Ohio Admitted Into The Union

The facts in regard to this "vexed question" are compiled from the able paper on the "Admission of Ohio into the Union, by I. W. Andrews, President of Marietta College," as reproduced in the "Annual Report of the Secretary of State to the Governor of Ohio, for the year 1879."

Of all the twenty-five States that have been admitted into the Union since the National life began, on thfe fourth of July, 1776, Ohio is the only one in regard to whose date of admission there is any question. When a State has entered the last quarter of its first century, it would seem that .both the year and the day when its State life began should be definiteh' known. The doubt in the case of Ohio shows itself by the various dates found in historical and other works from 1803 to the present time.

Among the dates found in different works, are these : April 28, April 30, June 30, and November 29, 1802 ; the winter of 1802-3, February 19, March i and March 3, 1803. The first is given in "Harris's Tour," published in 1805. The heading of the second part of the book is "State of Ohio Admitted into the Union by an Act of Congress, April 28,1802." The second is found in a note in the United States Statutes at Large, volume I, p. 2. The third date, June 30, appears in the Report of the Ninth Census, volume ^-' P- 575- The fourth date, November 29, 1802, in W. Hickey's edition of the Constitution. The fifth, February 19, 1803, is given by Caleb Atwater in his history of Ohio, published in 1838. Mr.E. D. Mansfield gives the same in his Political Manual, and so Mr. G. W. Paschal in his Annotated Constitution. In. Hildreth's History of the United States we read : "Just as the session closed the new State of Ohio took upon itself the exercise of self-Government, under a Constitution framed the preceding autumn."

Walker, in his History of Athens County, says : "Congress assented to the proposed modification, by act of March 3, 1803, thus completing the compact, and accepting Ohio as a State." We have here the seventh date.

For the first and third of the dates above given - April 28th and June 30, 1802 - I knovvofno reason that can be assigned. Certainly no act relating to Ohio was passed April 28th, and on the 30th of June Congress was not session, having adjourned on the 3d Monday of December. The second date, April 30th, 1802, was that of the passage by Congress of "an act to enable the people of the eastern division of the Territory northwest of the river Ohio, to form a Constitution and State Government, and for the admission of such State , into the Union, on an equal footing with the original States, and for other purposes." November 29, 1802, was the day on which the Convention that framed the Constitution adjourned. The enabling act of Congress appointed the second Tuesday of October as the day for the election of delegates to the Convention ; the first Monday in November as the day for the Convention to meet. The election was held and the Convention assembled on the day specified. The Constitution was not submitted to the people, and the final adjournment of the Convention is held by some to be the time of the State's admission into the Union. The 19th of February, 1803, is the date of an act of Congress to "provide for the due execution of the laws of the United States within the State of Ohio." It was the first act of Congress which, in anyway, recognized the State, and, as there was no formal act of admission, this act of recognition is regarded as the virtual act by which the State was admitted.

The first of March, 1803, was the time when the first General Assembly met in accordance with the provisions of the Constitution. Perhaps the historian, Hildreth, did not intend to designate this as the exact date when Ohio was admitted, but to indicate that the machinery of the State Government was put in operation. The language of Mr. Chase, in the historical sketch contained in the first volume of his Statutes of Ohio, is somewhat similar to that of Mr. Walker, but is not sufficiently definite to warrant us in saying that he regarded March 3rd as the exact date of the admission of Ohio.

An enabling act was passed April 30, 1802. The people, in accordance with it, elected delegates, the Convention was held, and a Constitution was formed. After the adjournment, the Constitution was laid before Congress, as also certain propositions relating to lands within the State. A committee was appointed in each House, to whom the papers were referred. The action in the Senate was as follows :

Resolved, That a committee be appointed to ' inquire whether any, and, if any, what legislative measure may be necessary for admitting the State of Ohio into the Union, or for extending to that State the laws of the United States ; and.

and Anderson be the committee, and that the letter signed T. Worthington, given for the State of Ohio, laid before the Senate this morning, together with a copy of the Constitution of such State, be referred to the same committee to consider and report thereon."

That the people of the eastern division of the territory northwest of the river Ohio, in pursuance of an act 'of Congress, passed on the 30th day of April, 1802, entitled, "An act to enable the people of the eastern division of the territory northwest of the river Ohio to form a Constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes," did, on the 29th day of November, 1802, form for themselves a Constitution and State Government. That the said Constitution Bnd Government so formed is republican, and in conformity to the principles contained in the articles of the ordinance made on the 13th day of July, 1787, for the government of said Territory ; and that it is now necessary to establish a District Court within said State to carry into complete effect the laws of the United States within the same."

On the 2 1st of January the Senate considered the report and directed the committee to bring in a bill. A bill was reported on the 27th, which was read and ordered to the second reading. The next day it was read the second time. On the 31st the Senate resumed the second reading of the bill, and, an amendment "having been offered, "it was agreed that the further consideration of the bill, together with the proposed amendment, should be the order of the day for Thursday, the 3rd of February." On the 4th of February the bill was passed to a third reading, and on the 7th it was read the third time and passed. The House of Representatives having received the bill from the Senate, it was read twice on the 8th of February and referred to a committee. On the 1 2th it was discussed in Committee of the Whole, reported to the House, then read the third time and passed. It was approved on the 19th. This being the first act of Congress which recognized the new State, ir is regarded as the true date of admission. In the collection of Charters and Constitutions, compiled by order 01 the United States Senate, and printed in 1877, the Constitution of a State follows the enabling act, and then comes the act of admission. In the case of Ohio, there having been no act of formal admission, the Constitution, of 1802 is followed by this act of February 19, 1803, under the heading, "Act recognizing the State of Ohio, 1803." This act thus takes the place, in the volume of Charters and Constitutions, of a formal act of admission ; and a stranger, consulting the work to ascertain the times when the several States came into the Union, would necessarily infer that the date of Ohio was February 19th, 1803. The question of date of admission in the case of Ohio is between November 29, 1802, and February

19th, 1803. The first is the day of adjournment of the Convention that formed the Constitution, and the second is the day when was passed the first act of Congress in any way recognizing the State. In the case of every other State Congress has either passed a distinct and definite act of admission, dating .from the day of enactment or from a future day named, or has provided for an admission on the issue of a proclamation by the President. Ohio, then, forms a case by itself, belonging to neither of these classes. Those who hold that November 29, 1802, is the proper date lay stress upon the language of the enabling act of April 30, 1802, and upon the words of the preamble to the act of February 19, 1803. Let us examine these two points.

"Be it enacted, etc.. That the inhabitants of the eastern division of the territory northwest of the river Ohio be, and they are hereby authorized to form for themselves a Constitution and State government, and to assume such name as they shall deem proper, and the said State, when toi^med. shall be admitted into the Union upon the same footing with the original States in all respects whatever."

' This language is not peculiar to the enabling act of Ohio ; it is in substance the language of every enabling act passed by Congress from 1802 to the present time. Those of Indiana and Illinois, formed from the same Northwest Territory, contain the identical words, except the names, found in, that for Ohio. The act for Indiana was passed April 19, 18 16, and its Constitution was formed June 29 ; but the resolution of admission was passed December 1 1 of the same year. If Ohio became a State, on the formation of a Constitution, by virtue of the language of the enabling act, why did not Indiana? If Ohio was a State in the Union from the 29th of November, 1802, was not Indiana a State from the 29th of June, 1816? And was not the resolution of Congress of December nth, 1816, admitting Indiana into the Union, wholly useless?

"Whereas, The people of the eastern division of the territory northwest of the river Ohio did, on the 29th day of November, 1802, form for themselves a Constitution and State government, and did give to the said State the name of the 'State of Oiiio,' in pursuance of an act of Congress entitled, 'An act to enable the people of the eastern division of the terril()r\- northwest of the river Ohio to form a Constitution and State government, and for the admission into the Uhion on an equal footing with the original States, and for other purposes,' whereby the said State has become one of the United States of America ; in order, therefore,- to provide for the due execution of the laws of the United States within the said State of Ohio, be it enacted, etc."

Stress is sometimes laid upon the words of the preamble of the act of February 19, 1803, "Whereby the State has become' one of the United States of America." It will be noted that the language differs in tense from that respecting the formation of a Constitution : "Whereas, the people did form a Constitution on the 29th day of November, 1802, etc., whereby the State has become one of the United States." Had it been affirmed that the State did become one of the United States on the 29th of November, the question before us would have been different from what it is now. The language is that it has become - has now become a member of the Union.

The Constitution was iormed at a given time ; it had been submitted to Congress for examination ; that examination had been made, and the Senate committee reported that the several steps had been properly taken. The laws of the United States could not be extended over Ohio till it should be recognized in some form. That recognition was placed in the preamble. It was a virtual declaration that the Constitution was republican and in conformity with the ordinance, and therefore there was no objection to regarding it as a State. The language of the resolution of the Senate of the 7th of January, when it instructed its committee "to inquire whether any, and, if any, what legislative measure may be necessary for admitting the State of Ohio into the Union," would seem to be conclusive against the supposition that the formation of a Constitution made the State a member ot the Union. If that action by the Convention was sufficient, under the enabling act of Congress, to introduce the new State into the Union, then the resolution of the Senate of the 7th of January was uncalled for. Whether the steps taken by the people of the territory, with reference to admission, had been properly taken or not, was a question which had not yet been answered. When Congress should be satisfied in regard to that, then the date of admisfion might be settled. Congress had the power, perhaps, to make its action retroactive, though it has never done so in the case of a State ; or it might put the time of admission on some day in the future, as in the case of Vermont and Louisiana ; or it might make the day of enactment the day of admission, as is the usual case.

In view of all the facts, we seem to be shut up to the conclusion that the State of Ohio was not admitted into the Union on the 29th day of November, 1802, when the Constitutton was formed, but on the 19th day of February, 1803, when Ohio was first recognized as a State by Congress. It has already been stated that, in the Charters and Constitutions compiled under an order of the United States Senate, this act of the 19th of February, under the title, "An act recognizing the State of Ohio, 1803," occupies the same place in the arrangement of the work which is given in other States to the act of admission.

of the laws of the United States within the State of Ohio,' was approved February 19, 1803. By this act Ohio was admitted into the Union.'" - [Statutes at Large, vol. II, p. 201.]

We may infer, then, that the Department of State of the General Government recognizes the nineteenth of February, 1803, as the date of the admission of Ohio into the Union.

On the first day of March, 1803, the General Assembly convened at Chillicothe. Their first case, of course, was to adapt the statute law of the territory to the new state of things introduced by the Constitution. With this view several laws were passed. The State courts were organized, their jurisdiction defined, and their practice, in some degree, regulated. * * *

Section i. Be it enacted, etc.. That so much of the counties of Washington and Fairfield as comes within the following boundaries, be and the same is hereby erected into a separate and distinct county, which shall be known by the name of Muskingum, to wit: beginning at the northwest corner of the ninth township, in the ninth range of the United States military lands, thence with the western boundary line of said range, south to the southern boundary line of said military lines, thence with the same west to the western boundary line of the fifteenth range of public lands, thence with the said line south to the southwest . corner of the sixteenth township of the fifteenth range, thence eastwardly to the south boundary of the sixteenth township till it intersects the west boundary of the twelfth range, thence with the sectional lines east to the western boundary line to the seventh range, thence with the same north to the northeast corner of the military tract, thence with the north boundary line of the tenth township in the first and second ranges of said military lands, west until intersected by the Indian boundary lirie, thence with same westwardly to the place of beginning.

Sec. 2. That from and after the the first day of March next, said county shall be vested with all the powers, privileges and immunities of a separate and distinct county ; Provided, always, that all actions and suits which may be pending on the said first day of March next, shall be prosecuted and carried into final judgment and execution, and all taxes, fees, fines and forfeitures, which shall then be due, shall be collected in the same manner as if this act had never been passed.

Sec. 3. That the temporary seat of justice of said county, shall be at the town of Zanesville, until the permanent seat shall be fixed according to law.

The transition from Territory to State, and the subdivision of the State into counties for judicial purposes, as we have seen, necessitated changes in the law adapting them to the new order of government. This began at Chillicothe in 1803, and it was found necessary to revise the law still further ; accordingly, at the session of the Legislature of 1809-10, the laws were a second time revised. Seven years had now elapsed since the first session of the Legislature, and the question was agitated whether a new and general election of Judges ought to take place. On the one side it was contended that the original appointments were for the term of seven years, and that those who had been elected to fill a vacancy were elected for the term of seven years and entitled to hold office for that time, unless constitutionally removed. In support of this construction, the law regulating commissions was cited, and it was shown that the constant practice had hitherto been to commission every newly elected Judge for the full term. A resolution, however, was adopted, adopting the first construction and extending its principles to the offices of Auditor, Secretary and Treasurer of State. This resolution, in effect, declared all judicial offices vacant, and the Legislature proceeded to elect. Judges of the Supreme Court and of the different courts of Common Pleas. * * * * TYye same Legislature reduced the number of Judges of the Supreme Court, which had beeen increased to four in 1809, to three. The effect of this act was to depi-ive the Judge, who had been duly elected and commissioned in 1809, of his seat upon the bench.

These acts of the Legislature produced much confusion in the judiciarj'. Most of the Judges thought the construction of the constitution erroneous, and some refused to acknowledge its obligation. Some who held unreprieved commissions and had been again elected, refused to accept their new commissions and claimed their seats by virtue of the old. These claims occasioned divisions in the several courts, by which the administration of justice was delayed, and often prevented. The Legislature, however, did not retrace their steps, and, in time, acquiescence in the revolution was produced - became general ; but the construction then given to the constitution has never since been acted on.

Ohio had borrowed a judicial system from Pennsylvania, and grouping several counties in "a circuit," assigned to it one President Judge. He was required to be a lawyer, and was elected by the State Legislature. That body also chose from amongst the electors of each county three citizens, not lawyers, and called them Associate Judges. The President and two Associates made a quorum. In the absence of the President, the three Associates could sit as a court. Special sessions could be held as often as needed by the Associates, and they disposed of the great body of the ordinary work now done in probate courts.

The State, in 1804, embraced three circuits. The second contained Adams, Fairfield, Franklin, Gallia, Muskingum, Ross, and Scioto counties, and the 25th of April was by law named for the beginning of the first term of Common Pleas Court in Muskingum county, being the third Monday in the month. Common Pleas Judges were appointed by the Legislature for the term of seven years or during good behavior. [See Constitution of 1802, Art. 3, S 8.] This was changed to five years by the Constitution of 1852, Art. 4, § 10.

The Supreme Court consisted of three Judges, and was required to hold one term each year in each county, and the said third Monday, April 25th, 1804, was fixed for the beginning of the first term, but no record of such a session has been found. Muskingum was transferred to the Third circuit by the act of February 22, 1805. This circuit was composed of Belmont, Columbiana, Jefferson, Trumbull, and Washington counties.

Common Pleas Court. - The only account of the inauguration of this court is given in the old record entitled "Judgments" (in the Clerk's office), and appears on a space left blank between pages 133 and 134, which probably occurred by turning two leaves instead of one. It seems to be in the handwriting of Abel Lewis. This view is sustained by the fact that Mr. Lewis was then Clerk of our courts. The record reads as follows : hundred and four, at the house of David Harvey, Esquire, in ZanesviUe, in and for the county of Muskingum, it being the first court held in said county. Present, the Honorable Willis Silliman, Esquire, Pi-esident ; and Jesse Fulton and David Harvey, Esquires, his associate Judges of the Court of Common Pleas of said county. Appointed Abel Lewis Clerk fro tern, of said court, who gave bond and was sworn into the oflice aforesaid by the said Honorable Willis Silliman, Esquire, according to law and the Constitution of the State of Ohio."

Calvin Pease became the first President Judge. Although he had been some years on the bench, he was only twenty-seven years old ; a New Englander, sharp, energetic, and witty. He resided in Trumbull county, and " administered the law to all the inhabitants of the State east of the Muskingum river," and performed his duties "with much ability and integrity." He ceased to hold this office at the close of 1807, but became one of the Judges of the Supreme Court of the State in 1816, and at the same time John McLean (who for so many years adorned the bench of the highest national 'court) was chosen a member of the same court.

Joseph Stolts; 11. David Enslow. The twelfth man did not appear. The record is not signed, so that who presided at this court does not appear ; it was probably Judge Belt, who resided near or west of the Scioto, as the most populous part of his circuit was Ross county, which had a large influence in the Legislature by which he must have been elected.

Common Pleas Judges From The Beginning

The following is a list of Associate Judges, Common Pleas Court, and who were permitted to engage in any other business during their term of office :

1804. Dalvid Harvey resigned June 19, 1804, and on the 29th of that month Richard McBride was appointed to fill the vacancy. John Campbell resigned Dec. 4, 1804, and Dec. 13, 1804, Giles Hempstead was appointed. February 7,

The office 01 Associate Judge was abolished by the Constitution in 185 1, and much of the business formerly transacted by the Common Pleas Court was transferred, by the Constitution of 1852, to the Probate Court, which was organized under this Constitution.

Probate Judges Court Houses

Our first court was held in David Harvey's tavern, situate on the southwest corner of Third and Main streets, in Zanesville. Court was subsequently held in a two-story log house on Sixth street (West Side), about one hundred feet south of Main street. The building was owned by one James Herron.

The first court house was a frame structure -20x55, two stones high. The lower story was used for the jailer's residence, the upper story for court and other purposes. The jail was built adjoining, of hewed logs, squared and lined with three inch plank. The'lower story was for criminals, the upper for debtors. The court house and jail were under one roof. The contract for building was let to Henry Ford, for the sum of $480, January 25, 1808. The Commissioners signing the contract were Henry Newell, Jacob Goihber and Daniel Stillwell - the latter protesting against paying such an extravagant price for a public building. Benjamin Tupper, Clerk, also signed the contract. Ford's securities were Dr. Increase Mathews, Peter Speck and John Levens. These buildings were burned down April 3d, 1814, by a fugitive slave from Kentucky ; being confined in the jail he attempted to burn the lock off the door, but the fire became unmanageable, the buildings burned, and the negro was taken out almost suffocated. The citizens were very indignant, and some would have thrust the fellow back and burned him, but he escaped.

"As early as' 1807-8 the subject of the removal of the capital 'was agitated, and at the session of 1808-9 ^^^ Muskingum delegation in the General Assembly, reinforced by a committee of the citizens of Zanesville, headed by John Mclntire, petitioned the Legislature to remove the capital to Zanesville, setting forth that the county of Muskingum would, at its own expense, furnish suitable buildings for the Legislature and State offices, and received assurances that if they would do this a law granting their wishes would be passed making Zanesville the "temporary capital." Our people believed that the Capital once

State House

During the summer of 1809 the main building, which was intended for the Legislature, was put up, but not finished. The contract was awarded April loth, 1809, to Joseph Munro, Daniel Convers, John Williamson and James Hampson for $7,500, to be completed by December I, 18 ID. James Hampson was appointed Superintendent. The County Commissioners issued six $1,000 bonds and one $1,500 bond ; the first payable three months after the contract was awarded, the remainder to be paid quarterly, $1,000 each payment until the $6,000 were paid, and the balance of $1,500 iq six months after that. These bond^ were signed by John Mclntire, Jeffrey Price, Hugh Hazlett, Wyllis Silliman, Robert Fulton and others. The contract was "sold" by William Reynolds at public sale. The Commissioners were William Newell, Jacob Gomber and Daniel Stillwell. Benjamin Tupper. Clerk of the Court, signed the contract on the part of the county.

The offices for Secretary of State and State Treasurer . - The contract for building these offices was awarded to James Hampson and Joseph Cairens for $920 ; the specifications - for a brick building 28x24 and ten feet high, walls fourteen inches thick, fire-proof vault, for Treasurer's office. The contract was let April loth, and to be finished December ioth,i8io. The money, as in the foregoing case, was furnished by citizens. In this case they formed a stock company, and were incorporated and called "The Court House and County Office Stock Company." The shares were fifty dollars each. John Mclntire was President and Robert Fulton Treasurer. The money borrowed by the Commissioners was not repaid until 1823,

Notwithstanding these efforts of the county and town, although the Legislature assembled here early in December, 1809, it was not until the 19th day of February, 1810, that the act was passed locating the seat of Government at Zanesville, as will be seen by the following :

Section i. Be it enacted by the General Assembly of the State of Ohio, That the seat of Government be, and the same is' hereby fixed, and shall remain at Zanesville until otherwise provided by law.

This act shall take effect and be in force from and after the first day of October next." Edward Tiffin, Speaker of the House of Representatives. Duncan McArthur, Feb. 19, 1810. Speaker of the Senate.

allowed more than a day's existence, for an act was passed next day, February 20, 1810, [See Chase's Statutes, vol. i, p. 699,] providing for the election by the Legislature, by ballot, of five commissioners, whose duty it should be to locale the permanent Capital, in a place "not more than forty miles from what may be deemed the common center of the State, to be ascertained by Mansfield's map." And these commissioners were ordered to meet at Franklinton, on September 1st, 1810. Thus it was known that one month before Zanesville could be even the temporary Capital, the duty of selecting the spot for the permanent Capital would probably be completed, and that Zanesville could not be that spot ; for the central point of an east and west line across Ohio, passing through Zanesville, is the west line of Licking county, a point forty-two miles distant, at the very least, from our city - while the fact that the geographical center of the State being north of that line, increased the distance and left no room for hope unless the second act could be repealed.

The county and town were pledged, however ; their honor was involved - and in fulfillment of their pledge, the court house was completed in the summer of 1810; and, also, a smaller building for the use of the Secretary- of State and State Treasurer. The latter stood just north of the west door of the present court house. By direction of the Legislature all its books, papers, etc., were committed to George Jackson, John Mclntire, Wyllis Silliman, Robert-McConnel, and David J. Marple, for transportation from Chillicothe to Zanesville.

On the 3d of December 1810, the first session of the Ninth General Assembly was held in Zanesville ; they met in "old 1809," and chose Epward Tiffin Speaker of the House and Thomas Kirk Speaker of the Senate. The House occupied the room so long used by our Court of Common Pleas ; the Senate sat in the larger room in the second story, afterwards known as "the old Senate Chamber."

The tenth session of the General Assemby was begun in Zanesville, December 2d, 181 1. At this session a proposition was made, conditioned on the removal of the seat of government for the State Capital to a ascertain locality more central, which will be found embodied in the following act, taken from Chase's Statutes, page 776, chapter cclxiii :

Section i. Be it enacted, etc.. That the proposals made to this Legislature by Alexander McLaughlin, John Kerr, Lyne Starling, and James Johnston (to lay out a town on their lands, situate on the east bank of the Scioto river, opposite Franklinton, in the county of Franklin, and parts of half sections number nine, ten, eleven, twenty-five and twenty-six, for the purpose of having the permanent seat of government thereon established ; also to convey to this State a square often acres and a lot of ten acres, and to erect a State House, such offices and penitentiary as shall be directed by the Legislature), are hereby accepted, and the same and their penal bond annexed thereto, dated the tenth day day of February, one thousand eight hundred and twelve, conditioned for their faithful performance of said proposals, shall be valid to all intents and purposes, and shall remain in the office of the Treasurer of State, there to be kept for the use of the State.

Sec. 2. That the seat of government of this State be, and the same is hereby fixed and permanently established on the land aforesaid, and the Legislature shall commence their sessions thereat on the first Monday of December, one thousand eight hundred and seventeen, and there continue until the first Monday in Ma}', one thousand eight hundred and forty, and from

Sec. 5. That said McLaughlin, Kerr, Starling and Johnston shall on or before the first day of July next ensuing, at their own expense, cause the town aforesaid to be laid out and a plat of the same recorded in the Recorder's office in Franklin county, distinguishing thereon the square and lot by them conveyed to the State ; and they shall, moreover, transmit a certified copy thereof to the next Legislature for their inspection.

Sec. 6. That from and after the first day of May next, Chillicothe shall be the temporary seat of government until otherwise provided by law. Passed February 14, 1812."

Zanesville's last Legislature did what it could to supply a designation, inasmuch as the spot opposite Franklinton, proposed by the petitioners named in the foregoing act as the site for the State Capital had no name; Resolved, "That the town to be laid out at the high bank on the east side of the Scioto river, opposite the town of Franklinton, for the permanent seat of government of this State, shall be known and designated by the name of "Columbus."

From October i, 1810 to May i, 1812, one year and seven months, Zanesville flourished as the State Capital and then resumed the modest dignities of the county seat. While the Legislature was here the courts sat in the frame building of 1808 ; after the Capital returned to Chillicothe the "State House" became the "County Court House," and served as such until September, 1874, when it gave way for the present elegant structure.

In accordance with sundry acts of the Legislature, ranging from 1869 to 1872, the County Commissioners exercised the power thus vested in them and advertised for bids for building the new court house. September 3d, 1874, the' bids were opened, ten of which were' for the entire work, and sundry bids for "particular kinds of work. [See Commissioners' Journal, March I, 1873, p. 87.] September 4th, 1874, the commissioners let the contract for the entire work to

T. B. Townsend for $221, 657 - the lowest bid. The architect's estimate was $240,205.67. Mr. Townsend gave bond for $100,000, with J. Burgess and G. W. Townsend as sureties for the performance of the contract within 24 months from November i, 1874. As might have been expected, the details in specifications in a work of this kind could not be made perfect - where expectations had been so raised - the people having been made to think of metropolitan appearances - having the Capital located here, could not easily descend to the consideration of an order of architecture other than of State House proportions. And yet, notwithstanding the disappointment in regard to this matter, and the increased expenditure to complete the new court house amounting to $1,403.02, the elegance and substantial character of the building abundantly compensate for the outlay.

The County Commissioners leased to the Zanesville Atheneum, the land joining "the old 1809" on the east, for library purposes for the term of "one thousand years," and, therefore, when their successors determined the site of the present court house it was found necessary to compromise with the representatives of the Atheneum. This was amicably arranged, the county paying the representatives of the Zanesville Atheneum the sum of six thousand five hundred and seventy-five dollars, in consideration of which t|ie ground occupied by the Atheneum was vacated and the possession released to the county.

Lots 5, 6, 7 and 8, in square 12, plat of Zanesville, recorded on page 28, Book A, are "appropropriated to other public uses," by which is meant county purposes - the county having occupied them since the appropriation - except a fraction of sixty feet square, being the northwest corner of said tract, which the city was permitted to erect buildings upon ; and which the county rented of the city for some years, and when the County Commissioners decided to take possession of the lots bounded on the north by Fountain Alley, south by Main street, west by Fourth street, and east by Court Alley, for a public square, the sum of eight thousand dollars was given to the city to quitclaim their right, title and interest to all and singular - the appurtenances and buildings situated on said northwest corner of said tract. The record referred to does not exhibit John Mclntire's act of appropriation, but it is so construed - since the plat containing the lots enumerated was recorded in Washington county April 29, 1802 ; and the right of the county to possess the lots as aforesaid has not been disputed.

The dedication of the new court house took place on the first of May, 1877, with appropriate ceremonies and addresses by distinguished citiand as the members of the bar who parzens ; ticipated are amongst the the most honored and honorable of the profession, their contributions on that occasion have been assigned to the bar record proper, which is greatly enhanced in interest thereby.

The first Muskingum county jail, constructed of logs in 1806-7, continued in use until a new one, with the sheriff's residence attached, was completed and turned over to the County Commissioners January i, 1824. This was a brick building 46x40, two stories high. The walls of that portion containing cells were twenty-two inches thick ; that of the sheriff's residence eighteen-inch walls. The upper story of the jail was for debtors, and the lower story for criminals. The contract in those days for such buildings let by vendue or auction ; the sale of this contract took place August 12, 1822, and was bid in by J.ames Hampson, through his acting agent, Simeon Wright. Tne price agreed upon was $5,599; and the conditions, that the building should be completed b^ January i , 1824. Mr. John Bui-well was the first sheriff to occupy the new building. On the night of the i6th of March, 1824, five prisoners escaped. Mr. Burwell offered a reward of $15.00 for the return of the prisoners and their hopples. One of them repented and returned to the prison, and gave information respecting the tools which had been handed into them to enable them to make their escape. The hopples were found on Putnam Hill and returned.

In 1845 John Goshen, Robert Boggs and Littleton Moore, County Commissioners, found the old brick jail too insecure to hold prisoners. They advertised for bids for the construction of a new jail to be built of stone, to be laid in regular courses, with sixteen cells for prisoners, constructed in two tiers. The contract was let April 15th, 1845, and finished in October, 1846. It was awarded to Hugh Madden for $7,975. This jail gave way to the present building, which stands farther east, and was let to Mr. T. B. Townsend and Mr. M. Clements. The former to construct all but the inside iron work, and receive $8,500. [See Commissioners Joui-nal, 1874, pags 102.] The latterto construct the inside iron work and to receive $16,527. [See Commissioners Journal, 1875, page 193.] The total cost of the present jail being $25,027.

The Whiffing host. - -The first stood on a small mound near the jail built in 1806. The last of these ornaments to decorate the court house yard was in vogue as late as 181 1. April II, of this year, the County Commissioners instructed Jacob Crooks, Sheriff', to build a whipping post upon the small Indian mound alluded to at the southeast corner of the old log jail. This mound was subsequently removed, when, a skeleton, some flint arrow heads and a stone hatchet were found. The bones crumbled on being exposed to the air.

The Dedication of the New Court House. - A memorable event in the history of "old Muskingum" afforded an opportunity to review the past, consider the present and forecast the future, and we but utter a common sentiment in saying that the efforts put forth on that occasion were creditable alike to the heads and hearts of those who participated. The ceremonies of the dedication were held in the courtroom. May i, 1877, and in exemplification of what has been said, portions of the several addresses are reproduced.

Mr. E. E. Fillmore said : "The year 1.874 saw the venerable structure, which for moi^e than two generations had afforded room for our courts, demolished. Immediately after was laid the foundation of this building ; and now, in this year of our Lord, 1877, the long hoped for noble structure is finished ; a credit to our city ; a credit to Muskingum county, and the State of Ohio, - and to-day we have met for the purpose of dedicating this temple of justice to the uses for which it was designed."

The County Commissioners then; by Frank H. Southard, made presentation of the building to the people of the county. He closed a very neat speech with these words : "In the name, then, and on behalf of our Commissioners, Mr. O'Neill, I now tender to the bar and public, through you as their representative, this structure, and pray its acceptance."

This was responded to by Hon. John O'Neill, in accepting the building on behalf of the bar and public. Address of Mr. O'Neill, in part, was as follows :

"As the President of the Bar Association, and at their request, it is at once my privilege and pleasure to respond to the address in which you have been pleased, on behalf of the County Commissioners of old Muskingum, to present in such elegant and flattering terms their compliments and these magnificent halls of justice to the courts and bar of Muskingum. The members of the Muskingum bar, with whom I have had the fortune and the honor of associating for more than a quarter of a centmy, have not improperly, perhaps, imposed upon me the duty of accepting this splendid present, and of tendering appropriate thanks to the Commissioners and the good people of the county for the erection of the superb and commodious edifice which we this day dedicate to public uses.

Human language can but feeblj^ express the sentiments of pride and satisfaction our association feel in contemplating this new arena of our future combats, or the thanks they most cordially extend,, through me, to the Commissioners and to the people for that generous spirit of liberality which has given to Muskingum county a court house worthy of her wealth and charact-er, and not beneath the dignity and fame which her bar at one time, at least, possessed.

Like the Phoenix from its ashes, this magnificent temple rises above the ruins of its predecessor, which seemed to grow more venerable in decay and dearer to memory as it vanished from our view. The State House of Ohio, in the days of her young renown, and in after years the theatre in which the intellectual gladiators of the profession grappled each other and struggled for the victors wreath on bloodless fields ; the old court house of Muskingum county bears memories sacred as those that cluster around the ancient fields of military fame. Here, in humbler apartments than these proud halls in which we delight to-day, the Casss, the Sillimans, the Culbertsons, the Herricks, the Harpers, the Stanberys, the Stillwells, the Converses, the Searles and the Goddards, went down in defeat or rose in triumph with the vicissitudes of forensic warfare. With the memory of their intellectual conflicts will be forever associated the mental photograph of the old court house that witnessed these marvelous "battles of the giants."

The people of Muskingum county have shown, by the erection of this magnificent structure, that they are not behind their contemporaries in the appliances of civilized life, nor in the culture, taste and love of order which mark the development and pi^ogress of civilized man.

Whatever may be said derogatory to the profession of the law, and we willingly concede and regret its imperfections, it must ever be regarded as a responsible, arduous, honorable, glorious calling. Its members have ever stood forth the champions of liberty, the terror of tyrants, the advocates of truth, the props of Governments, the refuge of the weak and the shield of innocence. As the intellectual is superior to the brute force in man, so is the legal guild of a nation more powerful than her bannered armies. Genuine civil liberty can exist in no land where the soldier out ranks the lawyer - where the laurels of Caesar do. not yeld to the tongue of Tully.

Let us by incessant industry and devotion to duty continue to maintain the integrity, the dignity and the honor of our profession. Let us shrink, as we would shun contagion, from every unworthy and dishonest practice that would tend to degrade our grand and noble calling. Let no act of ours put a stain upon the escutcheon of the Muskingum County Bar or cast a shadow athwart the fair fame our predecessors at this bar have transmitted to us to guard and defend. So shall we win the respect and admiration of all honorable men and leave to those who shall come after us the legacy of a good example arid untarnished honor."

Hon. M. M. Granger said: ["Muskingum County ; its Courts and Bar."] "The year 1876 has accustomed us to inquiry touching the occurrences of one hundred years ago.

In the spring of 1777, as you all know, the British Ministry were hastening the preparation for the invasion of New York trom Canada by 'the army of Burgoyne, and Washington was planning how to assemble north of Albany a force sufficient to defeat that invasion. The minds of the England and America of that day were intent upon Lake Champlain and the sources of the Hudson. Few white men then knew of the existence of our river Muskingum. The outer edge of the English settlements touched no foot of Ohio soil. A rude fort stood at Wheeling ; a more military work at Pittsburgh commanded the junction of the Alleghany and Monongehela rivers, but these outposts were separated, by many miles of forest and mountain, from what could be called the settled districts. Neither our city, or county, nor our State, existed one hundred years ago. So far as this portion of the earth then possessed any political limits or organization it formed a part of the province of Canada, which, according to the "Quebec Act," passed by the English Parliament in October, 1774, included all the territory north of the Ohio and east of the Mississippi, as well as what is now the provinces of Ontario and Quebec. It is popularly supposed that what is now Ohio belonged to Virginia and was ceded by her to the United States. I believe, however, that an examination of title will result in a conviction that Virginia had no valid title to any land north of the Ohio river, except such little as resulted from the assent of the United States to Virginia's "reservation" of the tract lying between the rivers Scioto and Little Miami, known as "The Virginia Military District."

In 1758 Queen Elizabeth gave the first English patent for land in America to Sir Humphrey Gilbert, who upon establishing a plantation within six years from the date of the patent, was to own sole jurisdiction over the territory embraced within six hundred miles of said plantation. Gilbert failed to establish any settlement, although he tried to do so in what is now Nova Scotia.

And the first English State paper applicable to our Ohio and Muskingum history was a 'proclamation issued soon after this treaty, by which ' all the country beyond the Alleghanies' was shut against emigrants, "from fear that remote colonies would claim the independence which their position would favor ;" as wrote Lord Barrington : "The country to the westward of our frontiers, quite to the Mississippi, was intended to be for the Indians to hunt in and inhabit."

The 'Qubec Act,' before referred to, passed in October, 1774, eleven years after England first owned "northwest of the Ohio," as I have said, made the Ohio the southern boundary 01 Canada. By the treaty of 1783 England ceded to the United States all the land south of the lakes and east of the Mississippi, and thus, prior to Virginia's deed of cession, our nation was the lawful owner of every foot of land on our side ot the Ohio river. Like a prudent farmer, however, the United States, finding that Massachusetts, Connecticut and Virginia claimed title to parts, or the whole of it, (and the claims of the New England States were every whit as valid as that of Virginia), while other States also made claims, took deeds of cession from all, and thus "quieted her title."

Ohio and the northwest were won for the nation by national armies commanded by Washington and his generals and by the diplomacy 01 Franklin and Adams, supported by the patriot people of the United States. On July 13, 1787, the Continental Congress passed an ordinance for the government of the territory northwest 01 the Ohio. This contained the celebrated prohibition of slavery which formed the foundation 01 the policy of freedom. On August 7, 1789, the first Congress, under the constitution, substanti- ally re-enacted the ordinance of 1787, and organized ' The Northwest Territory,' which was governed for thirteen years by Arthur St. Clair, an emigrant from Scotland, who had served as a general officer through our Revolutionary war. By act of April 30, 1802, a State organization, embracing what is now Ohio, was authorized and became a State on November 29, 1802. The State of Ohio, when admitted to the Union, contained only nine organized counties. Of these five, Trumbull, Jefferson, Belmont, Fairfield and Washington, embraced nearly all of the State east of the Scioto i^iver, while the other four, Adams, Ross, Clermont and Hamilton, included all of the State south of the Indian line and west of the Scioto, as well as a strip along the eastern bank of that river. The Indian line, to which I have referred, ran from the Tuscarawas river, at the point where the south line of Stark county crosses that stream, southwesterly along the north line of Knox county, making one straight course from the Tuscarawas to a point near the northeast corner of Darke county. The land north of the Indian line and west of the Cuyahoga, and nearly all of what is now Michigan, was 'Wayne county,' but the inhabited part being north of our State line the original Wayne became a county of Michigan, and alter 1810 Ohio created a county of that new name. Our county then possessed extended limits. Beginning on the Indian line, at what is now tlie northeast corner of Knox county our west line ran along the east line of what are now Knox and Licking to the western edge of the elbow in our township of Hopewell, thence south through Perry county to the southwest corner of Clayton township. This point is north of the C. & M. V'. Railway, not far east of Wolf's Station or Junction City. There our south line began and ran due east across Morgan county, keeping about three miles south of our present line and on through Noble county to the northeast corner of Jeflerson township, in that county. This point is about ten miles southeast from Caldwell. There our east line began and ran north to the noitheast corner of what is now Tuscarawas county. What is now the north line of Tuscarawas, and so much of the Indian line as crossed Holmes county, composed our northern boundaiy. Thus Muskingum county was about sixty miles long from north to south and about fifty-five miles wide, and contained nearly twenty-seven thousand square miles.

By a law taking effect March 15, 1808, Tuscarawas county was created ; by another, on March i, 1810, Guernsey county was constituted and our width reduced to twenty-five miles, the same as now. By another law, taking effect March i, 1810, Coshocton county was marked off, but remained "attached" to Muskingum until April I, 181 1. Only one other change in our boundaries was made - by laws taking effect March i, 18 18, creating Perry and Morgan."

earliest writ that went out from that court over the signature of Abel Lewis, Clerh pro iem.,-wa.s dated June 6, 1804 - a capias ad respondendum - . at the suit of Samuel Courier, husbandman, carter, versus James Sprague. Wyllys Silliman was attorney for plaintiff, and Philemon Beecher, of Lancaster, appeared for the defense. The action was in slander ; damages claimed, $500, the slander charged being the use of the words, "You are a thief, and I can prove it." The declaration was in the old, verbose form. Verdict for plaintiff; damages, $3. This verdict was rendered in November, 1804, and, so far as the records show, was the first one in the county. Lawyer Silliman evidently was displeased with his client, for on November 20 - same month - he sued out another capias as attorney for James Sprague, from whom he had just recovered $3, and arrested his former client, Samuel Courier, husbandman, carter, in a suit for $100 debt. Lewis Cass defended this suit, and at the August term, 1805, obtained a verdict, and James Sprague had to pay the costs.

In presenting this chapter, the historian acknowledges having derived much valuable information from the able paper on this subject by Hon. M. M. Granger, which, considering the demands upon his time, will ever be a great credit to his head as well as heart. And, also, acknowledges the fidelity of Wm. H. Cunningham, Jr., in searching among court records and documents, from whence the names not given by Judge Granger were obtained. Where more than one name appears the same year, they are given alphabetically ; and where absolute certainty as to the time of admission was impossible, the date given is that of their first appearance in the Common Pleas Court as attorney : 1804. Philemon Beecher, of Lancaster, 'was member of Congress in 1823-9; Commissioner of the road from Lancaster to Zanesville February 4, 1807 ; Incorporator of the Zanesville and Lancaster Turnpike, December 25, 1816 ; Representative from Fairfield county in 1803, 1805, 6, 7, 8 ; member of Congress from Fairfield county in 1817-19, '23, and '25. He had an exte nsive practice in Zanesville.

Lewis Cass was Prosecuting Attorney from 1804 to '12; member of the State Legislature in 1806 ; Colonel of the 38th Ohio in the war of 1812; promoted to Major General in 1813 ; Governor of the Territory of Michigan, Minister to France, United States Senator from Michigan, Secretary of State, United States Secretary of War in 1831. He was a son of Jonathan Cass, who moved to Ohio in 1799, ^"'^ ^"^ ^^°7 "^^s appointed State Marshal by President Harrison.

1804. Lancaster Turnpike, December 25, 1816; Ohio Representative from Fairfield in 1806-7 ; Judge of the Supreme Court in 1816 ; Ohio Representative in the 24th General Assembly ; also, in the 25th and 26th.

Wyllys Silliman, born in Strattford, Ct., October 8, 1777 ; edited a Federal newspaper in Western Virginia in 1800 ; married Deborah Webster Cass, daughter of Major Cass, atWakatomika, near Dresden, Ohio, January 14, 1802 ; in 1803 chosen President Judge of Common Pleas Court, and sat at the April term, 1804, in Muskingum county ; Register of the General Land Office in 1805 ; Commissioner of the road from Zanesville to the forks of the Muskingum February 4, 1807 ; helped move State papers from ChilHcothe to Zanesville in 18 10; Incorporator of Zanesville and Lancaster Turnpike Co...,jDecember 25, 1816, and of Zanesville and Cambridge Turnpike Co. January 27, 1817 ; Representative in Ohio Legislature 1828 ; Solicitor for the United States Treasury, appointed by President Jackson. In 1836 removed to Cleveland, but subsequentlv returned to Zanesville, where he died at the residence of his son-in-law, Charles C. Gilbert, November 13, 1842. Two of his sons came to the bar - George Wyllys practiced here several years, and subsequently died returning from Europe ; and Oscar, who removed to Missouri and afterwards to California.

William Woodbridge, of Washington county, was Ohio Representative from Washington county in 1808, and State Senator to loth and nth General Assembly from Washington county in 181 1-12.

1805. Samuel Herrick, born in America, Duchess county. New York, April 14, 1779, came to the bar June 4, 1805 ; was Prosecuting Attorney of Guernsey county ' in 1810; United States District Attorney the same year and in 1829 ; succeeded General Cass as Prosecuting Attorney of this county in 1.81 2, retaining all these offices ; was Prosecuting Attorney for Licking county in 1814, and during the same year was Brigadier General of the 4th Brigade, 3d Division, Ohio Militia ; member of Congress from this District from March, 1817, to March, 1821. He lived at " Hill Top," his farm, about two miles Southeast of Zanesville, until his death, about the first of March, 1852. Two of his grandsons, Edward H. and Charles A., served as officers of volunteers in the War of the Rebellion. Edward came to the bar and located at Kansas City, Mo.

1810. Ebenezer Granger, elder brother of the father of Hon. M. M. Granger, was born in Suffield, Conn., July 6, 1781 ; studied under Gideon Granger, Postmaster General; July 31, 1815, married Eliza Seaman, sister of the half-blood to Henry Stanbery ; after an active practice of ten years died September 17, 1822. To him was assigned the duty of composing the epitaph of John Mclntire. It was inscribed on the plain stone that first marked the grave, and reads as follows : "Sacred to the memory of John Mclntire, who

. departed this life July 29, 1815, aged fiftysix years. He was born at Alexandria, Virginia ; laid out the town of Zanesville in 1800, of which he was the patron and father. He was a member of the Convention which formed the Constitution of Ohio. A kind husband, an obliging neighbor, punctual in his engagements, of liberal mind and benevolent disposition, his death was sincerely lamented."

1812. Alexander Harper: Born in Ireland, February 5, 1786 ; died December i, i860 ; , was a representative in the Ohio Legis lature in 1820-21, and resigned, when William Blocksom was appointed to fill the vacancy ; was President Judge of the Court of Common Pleas from 1822 to 1836; member of Congress from 1837 to 1839, ^"^ fro'n ^^43 t° '47» and from 1851 to'53-

Charles B. Goddard : Born in Plainfield, Conn. ; his father was Calvin Goddard, a Judge of the Supreme Court of that State. Charles B. came to Ohio in 1817, and was admitted to the bar in Gallipolis. Settling in Zanesville, he married Harriet Munro Convers, daughter of Daniel Convers, July 6, 1820 ; was representative in the Ohio Legislature in 1838-9, and State Senator from 1845 to '48, and Speaker in 1847-8 ; was Major General of Ohio Militia, Trustee of Mclntire School Fund, President of the Zanesville Canal and Manufacturing Company, and one of the first directors of the Zanesville Atheneum. John C. Stockton was Clerk of the Supreme and Common Pleas Courts of this county in 181 2-17, Prosecuting Attorney from 1818 to '20, and representative in the Ohio Legislature in 1827.

1819. Richard Stillwell was Prosecuting Attotney from 1820 to '37 ; one of the first directors of the Atheneum ; Presiden' Judge of the Common Pleas Court from 1847 to '51 ; Judge February 19, '52, to September 16, '54 ; a member of the Constitutional Convention in 1850-51 ; resumed the practice of law in 1854 "^'^^^ John C. Hazlett, his son-in-law. He was born in Bucks county, Penn., September 2, 1797, and died in Zanesvilte February 2, 1862.

1820. William A. Adams : One of the first directors of Zanesville Atheneum in 1827 ; Master Commissioner October 23, 1834 > left Zanesville in 1847, and died in Covington, Kentucky, in 1879. ^^ ^^^ ^ skillful taxidermist, and by nature an artist of rare ability, as evidenced by a picture of Sir William Blackstone, painted on ordinary plastering in a frame house in Newark about 45 years ago. Judge Searl preserved this painting and it hangs in Hon. John O'Neill's office.

Isaac Parish was representative in the 36th General Assembly, from Guernsey county, in 1837 ; member of Congress from the same district from 1839 to 1845. William Stanbery, long a resident of Newark, an elder brother of the half blood of Henry Stanbery, was Attorney General of the United States ; a member of the Ohio Senate (from Licking county) in 1824 arid 1825.

1 82 1. Peter Odlin removed. to Dayton ; was representative in the General Assembly, from Perry county, in 1830; was representative of Montgomery county in 1862-4, and Senator from the same district in 1870. John B. Orton, in 1831-2, was State Senator from Perry and Morgan counties.

1823. James M. Bell, of Guernsey county, was a member of the General Assembly in 1826, '7 % '9, and '30, and Speaker during the last session, and member of Congress in 1823.

Corrington W.Searle ;born in Wyoming Valley, Penn. ; read law with Wyllys Silliman ; was President Judge of Court of Common Pleas from 1836 to 1847, and from 185 1 to 1852, inclusive; Judge from October 19, '55 to October 25, '56; was a resident of Newark when elected Judge, and then moved hither. He died December I, 1865. Benjamin Reeve. 1825. Leonidas L. Hamline was also a Bishop of the M. E. Church in 1844. George James.

Joshua Mathiot ; a member of Congress from 1841-3. He married a daughter of Samuel Culbertson, and moved to Newark in 1835. where he died in 1849. Henry Stanbery was Attorney General of Ohio from 1846 to '52, and Attorney General of the United States from 1866 to 1868 ; died in Cincinnati, O., in 1881. Noah H. Swayne, of Coshocton, was representative in the 28th General Assembly, from Guernsey county, in 1829, and appointed Associate Judge of the United States Supreme Court in 1862.

George Wyllys Silliman was examined December 19, but was not admitted to the bar until the 22d, on account of his age. William R. Putnam, of Marietta. George W. Jackson, William P. Moorehead, John R. Mulvaney, and John T. Arthur.

George H. Flood was Minister to the Texan Republic ; Clerk of the House of Representatives in 1832, '3, '6; Ohio representative for Licking county in 1838-9.

Charles Stetson. Charles C. Convers, son of Daniel Convers : Born in Zanesville July 26, 1810 ; studied imder C. B. Goddard (brother-inlaw) ; admitted in 1831 or '2 ; of the firm of Goddard & Convers ; was State Senator in 1849-50, and Speaker in 1850 ; Judge of Common Pleas Court October 20, 1854, to October 19, 1855 ; died September 10, i860. 1833. George Nelson ; Virtuton Rich. .

J. E. Hanna, of Morgan county, was born in Westmoreland county, Pennsylvania, Dec. 19, 1805 ; moved to Harrison county 1815 ; read law in '23 ; admitted at New Philadelphia, September 27, 1825 ; located at McConnellsville in '26 ; was President Judge of the Common Pleas Court in 1840, and Judge Sept. 16, '54, to Oct. 20, '54, and Representative in the 37th General Assembly from Morgan county.

Elijah Hay ward was Judge of the Supreme Court, Hamilton county, Ohio, in 1830 to 1845, and resigned February i6th of that year ; was Representative in Ohio Legislature in 1827-8; in 185 1 was State Librarian.

Cautious C. Covey was Prosecuting Attorney from April to November, 1839, ^^'^ when, in 185 1, Edwin Conner received the certificate of election as Senator from Washington and Morgan counties. Covey contested the election and the seat was awarded to him. He was killed by the explosion of the steamer " Buckeye Belle," near Beverly, November 10, 1852. John W. Foster. I. B. B. Hale. Andrew R. Jackson. G. B. Smythe.

Hugh J. Jewett was State Senator in 1854-5 ; member of the House of Representatives in 1868-9 ; member of Congress from Franklin County District in 1868-9 and 1873-5 ; President and Receiver of the Erie Railway Company in 1870.

Thomas Drake : Master Commissioner Nov. 30, 1842, tor three years ; reappointed Nov. 18, 1845, and resigned November 18, 1846. John Ferguson. J. B. Longley.

George W. Manypenny was Clerk of Common Pleas 1841-1846 ; member of Board of Public Works (Democratic) 1850 ; resigned in 1853 ; appointed Commissioner of Indian Affairs in 1880. Cooper K. Watson : member of Congress, Seneca District, 1855 ; Judge of Common Pleas, Sandusky County District, 1876 ; member of Constitutional Convention

Frederick A. Seborn : Taught Public School from 1841-44 ; County School Examiner from 1847 to 1857 ; Justice of the Peace from 1849 to '52 ; re-elected ; served till '53, when he moved out of the township, and thus vacated his commission ; was licensed local preacher in 1847 ; ordained Elder in the M. E. Church in 1856 ; Secretary of Muskingum Agricultural Society from 1859 ^o 1869.

Eli A. Spencer: State Senator in 1856-7. William H. Ball was editor of the Zanesville Courier in 1850; Prosecuting Attorney in 185 1-3, and resigned ; was Colonel of the I22d Ohio; resigned February 3, 1865 ; commission as Brigadier by Brevet dates Oct. 19, 1864 ! member of the Legislature in 1872 ; Judge of Court of Common Pleas August 3, 1879. E. A. Bratton. Alfred Brown.

W. H. Bascom ; Solomon A. Lewis. Lucius P. Marsh was Judge of Common Pleas Oct. 25, 1856, to Feb. 9, 1862, and from August 3. '74, to August 2, '79. Frederick W. Wood, of McConnellsville, was Judge of Common Pleas August 3, '69, to August 3, '74.

Samuel S. Cox, born inZanesville Oct. i, 1824 ; appointed Deputy Clerk of Common Pleas at the age of fourteen ; graduated at Brown University in 1846 ; appeared at the bar in 1849 member of Congress from Columbus District 1857 to 1865 ; member of Congress from New York 187 1 ; re-elected in 1880. A. O. WagstafF, partner in the Zanesville "Aurora" Nov. 12, '39, one year. Jerome Buckingham ; Thomas J. Taylor. William W. Johnson, Judge of Common Pleas, Lawrence County District, 1858 to 1867 ; Judge on Supreme Court Commission 1872, Judge of Supreme Court Oct. 1879.

Moses M. Granger : 14th, May 1861, Captain 1 8th U. S. Infantry, resigned June 21, 1862; loth September, 1862, Major i22d O. V. I. ; 1st May, 1863, Lieutenant Colonel O. V. I. ; 19th Oct., 1864, Brevet Col. U. S. Infantry; i6th Dec, 1864, resigned as Lieutenant Colonel ; April 15th, 1865, City Solicitor Zanesville; August 15th, 1866, resigned; January i, 1866, Prosecuting Attorney of Muskingum county ; Dec. loth, 1866, resigned ; Dec. loth, 1866, Judge of Common Pleas Court to fill vacancy; Feb. 9th, 1867, J"dge Common Pleas Court, full term ; Oct. 9th, 1871, resigned; Oct. 22d, 1872, Reporter Supreme Court ; resigned Feb. 17th, 1874. Johji C. Hazlett was Prosecuting Attorney from 1856 to 1861 ; Captain in the war of the Rebellion, 1861.

John Q^ Lane, appointed Colonel of the 97th Ohio, Sept. 2, 1862 ; mustered out with his regiment June 12, 1865 ; his Brevet Brigadier 'General's commission dates March 13, 1865. Homer Thrall. John H. Ash; J. Belford. Alexander S. Cox was Deputy Clerk Oct. 31, 1848.

Charles C. Goddard, born March 26, 1836 ; admitted to the bar April 15, 1857 ; graduated Havard Law School, Cambridge, Mass., July 1861 ; appointed Capt. 17th U. S. Infantry Sept. 20, 1861 ; resigned May 26, 1864 ; appointed Colonel and aid-de-camp on staff of Gov. T. L. Young, January, 187 1 ; (has the finest law library in the city;) U. S. Commissioner. Ezra E. Evans, Judge of Common Pleas Court in '62-66. Thomas Potts, not in practice. John A. Blair, Colonel of the 13th Ohio in 1848 ; in 1852 was one of the Zanesville incorporators of C. W. & Z. R. R. and one of its Directoi-s, and a Director of the Central Ohio R. R.. and in 1856-8 a member of the Legislature. W. W. Badger.

Wm. D. Hamilton, Capt. 32d Ohio in 1861 ; Col. 9th Ohio, and ffl^de Brevet Brigadier "for gallant and meritorious' services rendered during the campaign ending in the surrender of the insurgent armies of Johnston and Lee. Wm. R. Henderson, Post Master at Dresden in 1880 ; not in practice. Peleg Bunker.

Daniel B. Linn was editor of the Zanesville"Signar'in 1864-5 ;State Senator from 1866-70 ; member of the State Board of Eqiialization in 1871. Gilbert D. Munson, Wm. Hall, W. L. Bane.

Edward Ball was Sheriff" from 1839 t° '43 ! Representative in Ohio Legislature in 1845-9, '68 and '70 ; editor of Zanesville '"Courier" Oct. '49 ; member of Congress from 1853 to 1857.

Lyman J. Jackson was Prosecuting Attorney from 1864 to 1866 ; member of the Commission on the Constitution from Perry county in 1873, and Senator from this District in 1879-80. William Okey.

Charles H. Blair ; Eugene J. Brown. , Henry L. Korte, Probate Judge in 18^0-3 ; appointed March 24, 1875 to fill vacancy vice Morgan ; elected in 1876 ; re-elected in 1878. William A. Taylor, not in practice.

Members Of The State Constitutional Conventions

Ohio has had three Constitutional Conventions. Muskingum county was, in 1802, a part of Washington county. John Mclntire was one of the delegates who sat in the convention that year, representing Washington county, while his residence was here.

Those who represented Muskingum county in the other two conventions were : 1850-1. David Chambers and Richard Stillwell. 1873-4. Charles C. Russell and Daniel Van Voorhes.

In The Ohio Legislature

1850. William Morgan, Muskingum county. 1852. William Morgan and William C. Filler. 1854. John Metcalf and Samuel McCann. 1856. John A. Blair and John Crooks.

Townsend Gore. 1862. Thadeus A. Reamy and Jacob Glessner. 1864. James Ga,llogly and Elijah Little. 1866. A. W. Shipley and Perry; Wiles. 1868. Edward Ball and H. J. Jewett. 1870. Edward Ball and Elias Ellis. 1872. William H. Ball and Elias ElHs. 1874. James A. Moorehead and John B. Sheppard. 1876. Harvey L. Cogsil and Lamech Rambo.. 1878. Herman F. Achauer. 1880. Robert Price.

County Auditors

The office of County Auditor was created by an act of the General Assembly, passed February 8, 1820. It grew out of the office of Clerk to the Board of County Commissioners. Its duties have since been continuously multiplied and enlarged, under successive acts of the Legislature, until they are now peculiarly numerous, difficult, and complicated. The names of the several County Auditors are as follows :

County Collectors County Commissioners

On the evidence of our oldest inhabitant, Stephen Reeve, Esq., who leased school land of them in 1804, our first County Commissioners were William Montgomery, Joseph F. Munro, and Christian Spangler. The records show :

County Recorders

It seems that conve_yances of land lying in Muskingum continued to be recorded in the office of the Washington County Recorder until April 17, 1806. From 1806 to 1 831, the Recorder was

In 1829 a law for the election of a Recorder by the people was passed, but it did not affect the terms of those then in office. Mr. Cox's term expired early in 1831, but the commissioners of the county, under said law, appointed him to serve until after the election of that year. At that election Anthony Wilkins was chosen.