Washington County, Ohio - Chapter 18: Civil History of the County, 1902

Chapter 18: Civil History of the County

Establishment - Statistics of the Population - Changes in Extent - County Seat - Court House - Infirmary - Our Early Judiciary - Roster of County Officials.

Washington County, originally embracing about half the territory now included in the State of Ohio, was established by proclamation of Go\-ernor Arthur St. Clair on the 26th of July, 1788. Following is the law, which contains a full description of boundaries :

By his Excellency, Arthur St. Clair, sq.. Governor and Commander-in-Chief of the Territory of all the United States Northwest of the river Ohio,

Whereas, By the ordinance of Congress of the thirteenth of July, 1787. for the government of the territory of the United States northwest of the river Ohio, it is directed that for the due execution of process, civil and criminal, tlie governor shall make proper divisions of the said territory, and proceed from time to time, as may require, to lay cut the part of the same where the Indian title has been extingu'ished, into counties 'and townships, isubject to future alterations as therein specified. Now, know ye, that it appearing to me to be necessary, for the purposes above mcniioued, that a county should be immediately laid out, 1 have ordained and ordered, and by these presents do ordain and order, that all and singular the lands lying and being within the following boundaries, viz. : Beginning on the bank of the

Ohio river where the western boundary line of Pennsylvania crosses it, and running with that line to Lake Erie: thence along the southern shore of said lake to the mouth of the Cuyahoga ; Ihence up said river to the portage between that and the Tuscarawas branch of the iMuskinynm : thence down the branch to the forks, at the crossiuy ]il,ici- iIminc Fort Laurens; thence with a line to he (li,i\vii westerly to the portage of that branch of tlie Bit; Mi.imi on which the fort stood that was taken by the French in 1742, until it meets the road from the lower Sbawnecstnwn to the Sandusky; thence south to tlie Scioto River; thence with that river to its mouth, and thence up the Ohio to the place of beginning; shall be a county, and the same is hereby erected into a county named and to be called ihereafter the county of Washington; and the said county of Washington have and enjoy all and singular the jurisdiction, rights, I'lierties, privileges and linmiunities wliatex er. to a county belonging and appertaining, and which any other county that may hereafter be erected and laid out, shall or ought to enjoy, conformably to the ordinance of Congress before mentioned. In witness whereof I have hereunto set my hand and caused the sea of the Territory to be affixed this twenty-sixth day of July, in the thirteenth year of Independence of the United" States, and in the year of our Lord one thousand seven hundred and eighty-eight.

It will be observed that in many of these townships the population is less than it was 20 years ago, but this by no means indicates decadence, on the contrary, the productive powers of each township were never greater than at the present time. The census figures simply indicate that a part of the farming population no longer needed in cultivating the soil has gone to the towns to manufacture the agricultural im'plements, which nowi make the labors of one farmer as productive as that of two or three in former times.

Changes In Extent

In 1797 the formation of Jefferson County with its southern boundary corresponding with the present boundary between Belmont and Monroe and thence across nearly to the Tuscarawas cut off about one half of the territory included in Washington County, as first organized. The organization of Gallia County, in 1803, took off a large territory from the south. Muskingum still further reduced it on the north in 1804; and Athens County was taken from the western boundary in 1805. The organization of Monroe County, in 1813, brought its eastern boundary still further down the Ohio; and Morgan County was carved from its northern border in 1818. A small strip of territory was taken in 1851 to contribute to the forming of the last of the 88 counties in Ohio, and thus A\'ashington County assumed its present form.

County Seat

In the civil history of the county, there is little that is exciting or curious. Many of our Western counties, and some in Ohio, have had their county seat disputes, intense in their bitterness, but the first settlement having been made at Marietta, that became the seat of justice as a matter of course and there has been very little disposition to remove it. About 1815 there was some effort made to remove the county seat to Waterford, which at that time would have been not far from the center of the county, and a petition a little later was to be sent to the Legislature asking for such removal. But this proposal was promptly check-mated by the erection of Morgan County which left Waterford out of the question.

Court House

The corner-stone oi the new Court House, which looks in its grandeur as if it were built for the centuries, was laid with Masonic ceremony, April 9, 1901, and the building was ready for use in the summer of 1902. A description of the courts held in this county is given bv the official reporter, Mrs. Lillian T. Wood. '

Infirmary

In 1838, a farm was bought about two miles east of Marietta for a "Poorhouse," or as it has been called since 185 1, "County Infirmary." Various additions and improvements have been made at different times. Of the origin of the Children's Home, which is situated on the Muskingum about a mile above JMarietta, the reader will find a full description in chapter VII.

Our Early Tudiciary

October 16, 1787 - six months before the pioneers landed at Marietta - Congress had "appointed James Varnum, S. H. Parsons, and John Annstrong to the judicial bench of the territory; but Armstrong resigning, John Cleves Symes was appointed in his place.

Until the arrival of Governor St. Clair - which occurred July 9, 1788 - the judicial authority was represented by a code of laws nailed to an oak tree at "the Point." Upon the Governor's arrival, a form of government was organized in which the whole power was in the hands of the Governor and three judges.

The first laws entered upon the old "Book of Record" (a priceless volume which is still in existence in the office of the clerk of the court) was "For regulating and establishing a Militia," and was enacted July 25, 1788. Under date of the next day appears the Proclamation of Governor St. Clair, "Erecting all" the country that had been ceded by the Indians, East of the Scioto River, into the County of Washington."

On August 23rd following, a law was enacted for establishing General Courts of Quarter Sessions of the Peace ( and therein the ponver of single justices) and for establishing General Courts of Common Pleas (and therein the power of single judges to hear and determine upon small debts and contracts) ; and also a law for establishing the office of sheriff, and for the appointment of sheriffs. This is recorded as "Published in the City of Marietta, County of Washington, Territory of the United States, N. W. of the River Ohio, and upon the 23d day of August, in the Thirteenth year of the sovereignty and independence of the United States, and of Our LORD One thousand, seven hundred and eighty-eig'ht."

courts were that there should be "a Court in each County, styled the General Quarter Sessions of the Peace, holden and kept." That for the county of Washington should be "holden and kept in the City of Marietta on the Second Tuesday of March, June, September, and December." Full and elaborate provisions were made, regulating the exact power of these justices of the peace - one clause reading, - "The Court of Quarter Sessions of the Peace may hear and determine a sentence according to the course of Common Law, the punishment whereof doth not extend to life or limb, imprisonment for more than one year, or forfeiture of goods, chattels, lands, or tenements, to the government of the Territory." Jurisdiction in one extended to all the counties, and all writs signed by the clerks, respectively, of one county were subject to service by any sheriff of the Tierritoiry; subpoenas, likewise, were issued into any county or place in the Territory. In this connection, it is history to relate that Joseph Gilman and Gen. Benjamin Tupper were appointed, by the Governor, magistrates for Marietta - Griffin Greene for Belpre - Robert Oliver for Waterford. Col. Ebenezer Sproat was appointed high sheriff, and Benjamin Ives Gilman, clerk of the Court of Quarter Sessions of the Peace, and of the Court of Common Pleas. Return Jonathan Meigs was the first prosecuting attorney.

The Court of Common Pleas was provided for in the appointment and commission by the Governor of a "number of suitable persons, not exceedinig five, and not less than three" who should hold a court of record at fixed periods in every year, in each county, at the place where the General Court of Quarter Sessions should be kept. That for the county of Washington should be held on the Third Tuesday of March, and First Tuesday of September. The Judges so appointed should hold pleas of assize; and should hear and determine all manner of pleas, actions, suits, or causes of civil nature, real, personal, or mixed, according to the Constitution and laws of the Territory.

of allegiance to the United States, and of office, and to give bonds in the sum of $4,000; his duties, as- set forth, do not differ greatly from those of the sheriff of today.

A Court of Probate was also established, with its jurisdiction, largely the same as that of today. The judge of Probate, however, was required to hold four sessions in each and every year, and "he may adjourn from time to time, or appoint a special session. The sessions for Washington County were to be held in the city of Marietta, upon the first Mondays of January, April, August, and October.

Then there was a still higher court, called the General Court which should "hold Pleas, Civil and Criminal, at some certain period or terms in each year, in such counties as the judges shall, from time to time, deem most conducive to the general good - timely notice of their sitting being duly given;" to the regular time should be the first Mondays of February, October, and December "provided, however, that but one term of Court be holden in each county in a year." "It is further provided in case neither of the Judges shall attend at the time and place aforesaid, and no writ be received by the Sheriff, it shall be his duty to adjourn the Court from day to day, during the first six days of the term to which the processes shall be continued." The laws for establishing General and Probate Courts are dated August 13th, although not recorded until after the establishing of the Courts of Quarter Sessions of the Peace and that of Common Pleas.

On the 2d of September a law was passed relating to oaths of office - providing even then for those who would "affirm" instead of "solemnly swearing" he would faithfully perform the duties of office. On the i6th of September laws were adopted for crime and its punishment. Treason heads the list - a crime which then meant almost more than now. Then four lines and a half of terse and unflinchinig sentence for the crime of murder. Manslaughter had almost as wide latitude as it has now (although no record of any loop-hole of escape by way of the Insane Asylum appears).

Robber3% burglary, riots, unlawful assemblies, perjury, larceny, forgery, usurpation, assault and battery, fraudulent deeds, disobedience of servants and children ( wherein the offender shall be sent to jail or to the House of Correction until ready to sufficiently humble himself to the offended parent or master's satisfaction), drunkenness, - "where convicted before two justices, the person shall be fined Five dimes for first offense and One dollar for each one succeeding." Then comes improper or "prophane" language, with a "whereas" and a "wherefore" couched in language so dignified and profound, with such sonorous sentences, as to strike terror to the very soul of any offender who had indulged in improper swear-words, no matter what his provocation. It might be wished that offenders of today might be similarly dealt with.

The law for the keeping of the Sabbath had no uncertain sound, and also that for regulating marriages with its many curious phrases. The code is finished with the law of limitation, that for governing the militia, and for providing coroners.

But there was added a general law with the now familiar heading "An act for" &c. ; this prohibits the sale of liquors to Indians, or soldiers, the trading of foreigners with Indians, and gaming of any kind.

September 2, 1788, was the real beginning of our judiciary. The scene of that pageant has been often painted for the present generation The assembling at "the Point"" - the dignified procession, headed by Col. Ebenezer Sproat, with his drawn sword - its flashing blade, and his superb height and martial air inspiring the 'beholder with respect for !iis newly inducted office. Following came ( i ) the citizens, (2) officers of the garrison at Fort Harmar, (3) members of the bar, (4) Supreme Judges, (5) the Governor and clergyman, (6) the newly appointed Judges of the Court of Common Pleas. It has often been told how this august procession wended its way through a path that had been cleared from "the Point"' to the Campus Martins, to the house of Col. Ebenezer Battelle. in the northwest corner of the fort, and after the judg-es had taken their seats, and that sturdy pioneer leader of their souls - Rev. Manasseh Cutler - invoked the divine blessing- upon this, the foundation of all good government for the Northwest Territory; then Colonel Sproat, in mighty voice, proclaimed wth solemn "Oyez, Oyez," that "a court is opened for the adminstration of even-handed justice, to the poor as well as the rich, to the guilty and the innocent, without respect of persons, none to be punished without a trial by their peers, and then only in pursuance of law."

Passing from this impressi\e ceremonial, we look at the record of that first court, as found in the old book, and dated September 9, 1788: I

The Court of General Quarter Sessions of the Pea;e of the County of Washington, convened at the house of Col. Ehenezer Battelle, in Campus Martius, Proclamation being made by the Sheriff, and the Clerk's commission read, the Clerk then read the Gieneral Commission. The Court was then - by proclamation - opened for business.

Paul Fearing was appointed as an attorney in all courts of record^ and further was appointed as counsel for the United States in the county of Washington. The grand jurors were called, and William Stacy appointed foreman and first sworn ; the rest were sworn by fours until all had taken the oath. Judge Putnam then gave the charge to the grand jurors "with great propriety."

At one o'clock the court was adjourned while the grand jury were out; convening again at half past one, the grand jury returned and presented an address to the court, to which Judge Putnam replied, after which court adjourned "without day." .

Deceinber 9, 1788. - Court again convened, and two offenders were brought before Justice R. J. Meigs, charged with theft ; the grand jury found an indictment against them, and they entered the plea of guilty and asked for time in which to endeavor to settle with the owner of the stotlen goods. This was effected by the payment of $20, after which the court assessed a fine of $2 and costs to each offender. The bill of costs is unique.

March 10, 1789. - Court again convened at Colonel Battelle'shouse in the Campus Martius, and the grand jury were called, sworn, charged by the court and sent out, but soon returned, reporting no business to be done, so court adjourned.

The writer can find no record of a petit jury sitting on the trial of cases before the court; mention is made of a "Traverse Jury" but no one seems to know v/hat that was. Judge Barker, however, speaks of the difficulty of getting together enough men for either a grand or petit jury, so it must be that trials were had by a petit jury the same as now.

In January, 1790, Charles Greene was ordered by the court to repair at once to Philadelphia with dispatches for the Governor of the territory or the President of the United States, informing them of the dangers and perils which threatened the little colony.

During this year court held regular sessions and se\'eral minor causes were tried, but, as has been written by Judge Barker, "these people had other things to engross them, and with all interested in the same object - the advancement and prosperity of the colony, and the great importance of setting well the foundation of their new home - there was no time nor disposition to go to law." From time to time the court made provisions for the comfort and safety of the people in various ways.

In January, 1791, the court convened on the 3rd but adjourned until the loth "on account of an attack from the Indians on the Blockhouse at Big Bottom." Judge Barker says he has no recollection of any court being held during the four years of the Indian war, but there are brief records at irregular intervals seeining to indicate that court was assembled from time to time as special occasions warranted.

One incident is worthy of note, mentioned by Judge Barker. To collect a sufficient number to form a jury Colonel Sproat had summoned most of the "Revolutioners" from Belpre and Waterford, so that by what were legally required to attend, and those who attended through curiosity a larger number of Revolutionary officers met together at court than assembled before or afterwards at any place; there was no public occasion which called the settlers together during the war, and after that the influx of settlers made it unnecessary to call many to any one point. It was the topic of general conversation that it was probable that never again would there be assembled so large a proportion of those who had been associated together in securing American independence.

During the war, the United States troops were detailed to assist the colonists in the erection of a suitable block-house at "the Point;" it was made with great care; "with strong puncheon floors, bullet proof doors" &c. It was used as a fortress until the close of the war, and was then taken for a Court House, and presumably used for that until the completion of the "First Court House," which we will touch upon later.

As near as can be ascertained, the location of this building which was first a fort and then used for a Court House was a little above where the First National Bank now stands, on Front street.

"Return T- Meigs, Sr., and Paul Fearing were the only professional lawyers at the beginning of court proceedings, and indeed until after the war. Colonel Sproat, as sheriff, and Benjamni Ives Oilman, as clerk of courts, held their offices until the reformation from Federalism to Democracy." After the close of the war, court was held regularly, and the record is complete.

From a sketch by Hon. Rufus E. Harte, we learn that in 1799 the first Court House was begun under the superintendence of Dudley Woodbridge and Grifiin Greene. The main building was 45 by 39 feet, two stories; the walls were tliree feet thick and of 18-inch square, yellow poplar logs, neatly hewed, and held together by heavy iron bolts. The front room up stairs was the court room; it was lighted by seven windows, and warmed by two huge fire-places. "Here" - says Hildreth - "Paul Fearing, Return Jonathan Meigs, and Jacob Burnet, the earliest attorneys of the Northwest displayed their youthful powers, and unfolded talents that few in this day can excel." And here a host of others have begun what proved to be a career of fame.

The Jail was in the back of this structure and "no malefactor ever broke jail here." This building stood on the site of our present "Old Jail."

In .1819 the necessity of a new Court House was apparent, and in 1823 the second Court House was finished - that is, the middle part of the structure which was so long familiar to the present generation. A hot controversy preceded the selection of a site ("History repeated itself" when the present building site was finally selected) . Several locations were petitioned for, and at one time it was decided to put it on Fifth street. Governor Meigs' influence secured the present site, and through his influence, also, it was set far enough back as not to impede the fine view down Putnam street, which his friend. Dr. Hildreth, so enjoyed. The part first built contained four offices ; later, the back part was added, to accommodate the rest of the county offices, and in 1876 the front of the conglomerate piece of architecture was added, which for more than 75 years served us as our "Hall of Justice."

"A new Court House" had Ijeen the cry for so many years, at regular intervals, that there were those who had despaired of ever seeing the ugly old building, with its totally inadequate accommodations (?) replaced with a modern, well-fitted Court House. But it has come; and even the doubter and scorner believed when, two' years ago, the old building came down. Hot was the war which had waged, as to the site to be used ; many were the places suggested, ranging all the way from the Campus Martins to "the Point," and from "Ice-Harbor" to the Elevated Square; but all that is now lost sight of, in the universal satisfaction and admiration which all her citizens feel in Washington County's new Court House.

in 1799, still "calls the people to come into Court." For over a century of time that bell has summoned the citizens of the county to come and adjust their differences, answer to their crimes and misdemeanors, prove themselves innocent or be found guilty, plead the cause of the accused or his accuser. To many, its voice is as familiar as that of friend or kindred, and long years of habit have made its tones the signal for the day's work to begin.

Within the recollection of these readers, the steps to what we call the "Old Court House" were worn into hollows by the passing tread of myriad feet. How many burdens of want, and care, and wrong, and black crime have been carried over those steps - records which do not appear on any journal, of proceedings within the walls of these old buildings, the full history of which will never be known.

In his address at Marietta's brilliant Centennial celebration in 1888, Judge Cox eloquently said "That Court oi Justice of this State so solemnly opened, on the 2nd day of September, 1788, has, in all these hundred years, never been closed ; it is still open to all classes who seek redress for wrongs." In our beautiful new building, the "Scales of Justice" hang over the judge's desk, an ever present reminder that to us all shall be weighed out that measure of justice which is ours by right.

To the early judiciary we owe the spirit of law and order which has prevailed in our midst ; to those who established it, the example of great things accomplished with very limited resources.

Judges Of Pkob.Me Court

Under the Territory the title for Clerk of the Court of Common Pleas zt'os Prothonotary. This office and the Clerk of the Court of Quarter Sessions were apl'ciinted by the Governor. Under the State Constitution of iSos the Court appointed its own Clerk for seven years. Under that of JS31 the people elect, for three years.

Under the Territory the Governor appointed. Under the State the people elect, for two years. Sheriffs are eligible only four years in si.x-.

The office was created in iSio. The General Assemblv appoiiifrd the first Auditor. In 1821 the Auditor zvas required to he elected by the people each year. In 1SJ4 the Ime made the term tivo years. The sucee.'!sizr Auditors luire been:

T!ie GoTcrnor appointed until the formation of the State. By tl:e law of 1S03. the Associate Judges appointed. Bv the lazs.' of 1S04 the Commissioners annually appointed 'the Countv Treasurer. Since 1827 the people have elcclcd. for iwo years. By the Constitution of iS^r the Treasurer is eligible only four years in six. The successive Treasurers have been :

This officer was appointed by the Courts under the Territory. The State law of iSos gaz'e the appointment to the .Supreme Court, and th.-it of 1803 to the Court of Common Pleas, from iSjs the people have elected. The term is tzvo years. The successive Prosecuting Attorneys have been:

County Recorders

Uiid-^r the Territory the Recorder - styled Register until i/'Q,'^ - 7VC.S npfointed by the Governor. By the law or 180S the li-soeinre Judges apf'ointed, for seven years. By the law of 1829 the people elect, for three years. The successive Recorders have been :

County Surveyors

From 1S03 to iS^r the Surveyor was appointed by the Court of Common Picas, jiid commissioned by the Governor. .Since iSjl the election has been by the people, for three years. The successive Surveyors have been : ms made in 17SS for a Coroner in each county, to be appointed by the Governor. The first State Constitution also provided for one to be elected every tiuo years by the people, and a law of 1854 continued the provision. The list appended is believed to be correct from 1812 to the present time; there is some uncertainty as to the previous periods.

County Commissioners

Provision was made for three such oMcers by a lazu adopted from the Pennsylvania code by the Governor and Judges in 1795, and confirmed by the Territorial Legislature in 1799. They were to be appointed by the Coift of Quarter Sessions. The State law of 1804 provided for their election by the people, one each year, the term of office being three years. The following were appointed under the lazv of the Territory:

These ofHerrs ii-erc appointed by the Commissioners from i8^6 until 1S42, when they zvere required to be elected by the people, one each year, to serve three years.