HISTORY OF FRANKLIN COUNTY.



CHAPTER I.

FROM THE FIRST SETTLEMENT UNTIL THE ORGANIZATION OF THE COUNTY, IN 1803.

THE first settlement of the territory now composing the county of Franklin, was commenced in the year 1797, while we were yet under the Territorial Government, and in the County of Ross.

In the year 1796, or early in '97, Lucas Sullivant, from Kentucky, then a young man, with his corps of chain-carriers, markers, etc., engaged in the surveying of lands and locating warrants, in the Virginia Military District, west of the Scioto; and in the month of August, 1797, he laid out the town of Franklinton.  To encourage the settlement of the place, he appropriated the lots on a certain street, which he named “Gift street,” as donations to such as would improve them and become actual settlers thereon.  The settlement of the town was soon commenced.  Among the first set-



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tlers were Joseph Dixon, George Skidmore, John Brickell,* Robert Armstrong, Jeremiah Armstrong,* William Domigan, James Marshal, the Deardurfs, the McElvains, the Sells, John Lisle and family, William Fleming, Jacob Grubb, Jacob Overdier, Arthur O'Harra, Joseph Foos, John Blair and John Dill, the latter from York County, Pennsylvania.

About the year 1801, Mr. Sullivant having married, settled in his new town; and soon after, Lyne Starling and Robert Russell, and about the same time, Colonel Robert Culbertson, from Shippensburg, Pennsylvania, arrived, with his numerous family of sons, sons-in-law and daughters, both married and unmarried.  He was a man of some wealth and distinction, and the first year after his arrival, he was elected a Representative to the General Assembly for the County of Ross.

At the first settlement of the county the Indians were numerous, but friendly, it being some two or three years after Wayne's Treaty; they were principally of the Wyandot tribe, some Delawares, and a few Mingoes.  In front of where the Penitentiary now stands, they had an encampment, with their usual wigwams; another on the west bank of the Scioto, near where the Harrisburg bridge is now erected over the river; and they had


* See Chaps. IX and X, for narrative of Brickell's and Armstrong's captivity.


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for years raised corn in what was afterward known as Sullivant's Prairie.  There was also another encampment of this kind two or three miles further down the river.

Agreeably to tradition, about the time Lord Dunsmore's army was in Pickaway County, prior to the treaty at which Logan's celebrated speech was delivered, a party from Dunsmore's army pursued and overtook a party of Indians at, or near, this second named encampment, and a skirmish ensued in which the Indians were defeated, with the loss of two or three men and a squaw.  It is said the Captain Minter, afterward of Delaware County, and also Mr. John Huffman, formerly of Franklin County, were of the pursuing party.*

Next, after the settlement at Franklinton, was a few families on Darby, near where Mr. Sullivant laid out his town of North Liberty, and a scattering settlement along Alum Creek.  This was probably about the summer of 1799.  Among the first settlers on Alum Creek, were Messrs. Turner, Nelson, Hamilton, Agler and Reed.



* In “Howe's Historical Collections,” an account is given of this skirmish somewhat variant from this, in which he says :—“One of the whites saw two squaws secrete themselves in a large hollow tree; and when the action was over, they drew them out, and carried them captive to Virginia.  This tree (he says) was alive, and standing on the west bank of the Scioto, as late as 1845.”  All a mistake.


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About the same time improvements were made near the mouth of Gahannah (formerly called Big Belly); and the settlements thus gradually extended along the principal water-courses.  In the meantime, Franklinton was the point to which emigrants first repaired to spend some months, or perhaps years, prior to their permanent location

In 1803, a settlement was commenced about where the town of Worthington now stands, by a company, said to number forty families, from Connecticut and Massachusetts, known by the name of the “Scioto Company,” under the agency of Colonel James Kilbourne, who had the preceding year explored the country, and selected this situation for them.  They purchased here half a township, or eight thousand acres of land, all in one body, * upon which, in May, 1804, Colonel Kilbourne, as agent for the company, laid out the town of Worthington; and in August, 1804, the whole half township being handsomely laid out into farm lots, and a plat thereof recorded, they, by deed of partition, divided the same amongst themselves, and so dissolved the company.  The parties and signers to this deed of partition, were James Allen, David Bristol, Samuel Beach, Alexander Morrison, Ebenezer Street, Azariah Pinney, Abner P.


* They also purchased two townships unconnected with this.


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Pinney, Levi Pinney, Ezra Griswold, Moses Andrews, John Topping, Josiah Topping, Nathan Stewart, John Gould, James Kilbourne, Jedediah Norton, Russel Atwater, Ichabod Plum, Jeremiah Curtis, Jonas Stanbury, Lemuel G. Humphrey, Ambrose Cox, Joel Mills, Glass Cochran, Alexander Morrison, jr., Thomas T. Phelps, Levi Buttles, Levi Hays, Job Case, Roswell Wilcox, William Thompson, Samuel Sloper, Nathaniel Little, Lemuel Kilbourn, Israel P. Case, Abner Pinney, and William Vining

For several years there was no mill nor considerable settlement nearer than the vicinity of Chillicothe.  In Franklinton, the people constructed a kind of hand-mill, upon which they generally ground their corn; some pounded it, or boiled it, and occasionally a trip was made to the Chillicothe mill.  About the year 1799 or 1800, Robert Balentine erected a poor kind of mill on the run near Gay street, on the Columbus plat; and, near the same time, Mr. John D. Rush erected an inferior mill on the Scioto, a short distance above Franklinton.  They were, however, both poor concerns, and soon fell to ruins.  A horse-mill was then resorted to, and kept up for some time; but the first mill of any considerable advantage to the county, was erected by Colonel Kilbourne, near Worthington, about the year 1805.



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About the same time, Carpenter's mill on Whetstone, in what is now Delaware County, and Dyer's on Darby, were erected.

About one year probably after the first settlement of Franklinton, a Mr. James Scott opened the first small store in the place, which added much to the convenience of the settlers.  And as early as 1803, we find that our old and respected townsman, Robert Russe, Esq., was engaged in merchandizing in Franklinton.

During the first years of the settlement it was extremely sickly — perhaps as much so as any part of the State.  For a few of the first years, the fever and ague prevailed so generally in the fall seasons as to totally discourage many of the settlers; so that they would during the prevalence of the disease, frequently resolve to abandon the country and remove back to the old settlements.  But on the return of health; the prospective advantages of the country; the noble crops of corn and vegetables; the fine range for stock, and the abundance of wild game, ear, turkeys, etc., with which the country abounded — all conspired to reänimate them, and encourage them to remain another year.  And so on, year after year, may of the first settlers were held in conflict of mind, unable to determine whether to remain or abandon the country; until the enlargement of their improvements or possessions, the increasing convenien-



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ces and improvements of the country, together with the fact that the seasons had become more healthy, determined them generally to remain.  Although sickness was so general, deaths were comparatively few, the disease of the country being principally ague—or so it was called.  There was the shaking ague, and what is now familiarly termed chills and fever, which was then called the dumb ague.



CHAPTER I I.

FROM THE ORGANIZATION OF THE COUNTY UNTIL THE LAYING OUT OF COLUMBUS IN 1812.

Organization of County and BoundariesDivision into four TownshipsU. S. M. LandsV. M. LandsRefugee LandsCongress LandsFirst Post Route and Mail CarrierCol. McElvain's LetterFirst Court House and JailCourt JournalFirst Election in the County and Poll BookDelaware County erected in 1808Dates, etc., of the present TownshipsFurther Extracts from Court JournalExecution of Leatherlips.

IN 1803, the County of Franklin was stricken off from Ross, and organized.  The act creating the new county, was passed March 30th, 1803, to commence and take effect from and after the 30th of April, 1803.  The bounds are described as follows:  “Beginning on the western boundary of the twentieth range of townships east of the Scioto River, at the corner of sections Nos. 24 and 25 in the 9th township of the 21st range, surveyed by John Matthews, thence west until it intersects to the eastern boundary line of Green County, thence north with said line until it intersects the State line, thence eastwardly with the said line to the north-west corner



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of Fairfield County, thence with the western boundary line of Fairfield to the point of beginning.”  That is, bounded on the east by nearly our present line, south by a line near the middle of what is now Pickaway County, on the west by Green County, and on the north by Lake Erie.  The creation of the county of Delaware in 1808, reduced our northern boundary to its present line; the creation of the county of Pickaway in 1810, reduced our southern boundary to its present limits; the creation of Madison in 1810, and of Union in 1820, reduced our western limits to the boundaries represented by Wheeler's County Map, published in 1842; but subsequently, by an act of the Legislature passed the 4th of March, 1845, our western boundary was changed by making Darby Creek the line from the north-west corner of Brown to the north line of Pleasant Township, as represented by Foote's Map of 1856; and by an act passed the 27th of January, 1857, entitled “An act to annex a part of Licking County to the County of Franklin,” there were nine half sections taken from the south-west corner of Licking, and attached to Franklin.  This occasions the jog in the eastern line of Truro Township, as represented on the maps.  Then at the session of 1850-'51 a range of sections, being a strip one mile in width and six miles in length, including the town of Winchester, was taken from Fairfield County and



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attached to the east side of Madison township, in Franklin County, as represented on Foote's Map. The county is now in nearly a square form, and is twenty-two and a half miles in extent north and south, and would probably average a trifle over that from east to west.

There are four several [sic.] denominations of land in this county.  They are designated the United States military Lands, Virginia Military Lands, Refugee lands, and Congress Lands.  The townships of Plain, Jefferson, Mifflin, Blendon, Sharon, Clinton and perry, are within the United States military District; the townships of Montgomery and Truro, in the Refugee tract; the townships of Hamilton and Madison, in the Congress Lands, so called; and all the other townships (west of the Scioto) are in the Virginia Military District.  The United States Military Lands, are so called from the circumstance of their having been appropriated by and act of Congress in 1796, to satisfy certain claims of the officers and soldiers of the Revolutionary War.  These lands were surveyed by Government into townships of five miles square, and then into quarter townships of two and a half miles square, containing four thousand acres each.  Some of the quarter townships, however, were subsequently divided into lots of one hundred acres each, for the accommodation of those soldiers holding one hundred acre warrants.  The fourth, or south-east quart-



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er, of Plain Township, and a strip in Perry Township, bordering on the river, are thus laid out into one hundred acre lots.  And again, after satisfying the claims for which these four thousand acre tracts were designed, there appears to have been a surplus of land, which was then laid out by Government into sections of one hundred and sixty acres, and disposed of as other Congress lands.  Of this description are quarters one and two (or north half) of Plain Township.  These original surveyed townships of five miles square, when divided into quarters,
are numbered thus, (the top being considered north,) and are most properly designated as first quarter, second quarter, etc., in township No. —, range —, but sometimes in conveyances, they are called sections, and very commonly so in conversation, as the Rathbone section, the Stevenson section, the Brien section, etc., which in the minds of some may create confusion, as a section, in Congress Lands, is well known to contain six hundred and forty aces, while one of these quarter townships (or sections, if we so call them,) contains four thousand acres.

The Virginia Military District in Ohio, comprises the lands between the Scioto and Little Miami Rivers; and when the State of Virginia, in 1783, ceded to the United



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States all her right of soil and jurisdiction to all the tract of country she then claimed north-west of the Ohio River, it was provided that the “Virginia troops of the Continental establishment” should be paid their legal bounties from these lands.  The patent to the soldier or purchaser of these lands, as well as of all other Ohio lands, is derived from the General Government.  This District is not surveyed into ranges and townships, or any regular form, and hence the irregularity in the shapes of the townships, as established by the county commissioners, for civil purposes; but any individual holding a Virginia Military Land Warrant, might locate it where ever he desired, within the district, and in such shape as he pleased, wherever the land had not been previously located.  In consequence of this want of regular original surveys, and the irregularities with which many locations were made, and the consequent interference and encroachment of some locations upon others, far more uncertainty and litigation has arisen relative to lines and titles in the district, than in any of the regularly surveyed districts.  In conveyancing, the lands in this district are not designated by section or range, but as being within Original Survey No. —.

The Refugee Tract, (of which Montgomery and Truro Townships are a part,) is a narrow strip of country four and a half miles broad from north to south, and extend-



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ing eastward from the Scioto River forty-eight miles.  This tract was so called, from the circumstance that it was appropriated by Congress for the benefit of certain individuals from Canada and Nova Scotia, who espoused the cause of the American Colonies in the Revolutionary War.  The lands in this tract were originally surveyed for Government into sections of six hundred and forty acres each, and numbered, by John Matthews and Ebenezer Buckingham, of Muskingum County, in 1799, but was subsequently divided into half sections, by Elnathan Scofield, of Fairfield County, in 1801, and re-numbered, and patents issued to the claimants for half sections, by these latter numbers.  After satisfying all these refugee claims, the balance of these lands were sold as other Congress lands, by the original numbers.  Hence, in conveyances, they are sometimes designated as part of section No. —, (giving the number,) sometimes as part of half section No. —, (an entirely different number,) and sometimes both numberings are given in the same conveyance.

The Congress Lands (of which Hamilton and Madison Townships are a part) are so called, because they have not been set apart for any particular purpose, and they are sold to purchasers by the immediate officers of Government, pursuant to the laws of Congress.  These lands were surveyed by Government into townships of



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six miles square, and then divided into sections of one mile square each, containing six hundred and forty acres, and then again these section were subdivided into quarter sections or lots, of one hundred and sixty acres each.  Although the territory is thus surveyed into townships, (so called,) yet in the formation of townships for civil or governmental purposes, the County Commissioners are not governed by these surveys, further than in their opinion public convenience may require.  Hence, the organized civil townships are in many cases quite different in boundaries from the original surveyed townships, as in the two townships of Hamilton and Madison, the southern limits of each of which extend two miles, that is, tow tiers of sections, farther south than the original surveyed townships of which they are principally composed.  These townships were originally surveyed into sections, by Matthews and Buckingham, in 1799.

Prior to 1820, the government price of the public land was two dollars per acre, in payments.  Since then, it has been established at one dollar and twenty-five cents per acre, payable on the entry of the land.

For seven or eight years after the first settlement of Franklinton, there was no post office nearer than Chillicothe, and when other opportunities did not offer the people of the village would occasionally raise by con-



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tribution the means, and employ a man to go to the post office, (45 miles,) to carry letters to be mailed for their distant friends, and to bring back such letters or papers as might be in the office for any of the Franklintonians.  Col. Andrew McElvain, now of Logan County, Illinois, but for many years a prominent citizen of this county, was, when but a boy, the first mail carrier between Chillicothe and Franklinton.  The following interesting letter from the Colonel, is written with a clear recollection on that subject, and it also covers nearly the whole ground of the first settlement of the county.  It is dated “West Point Grove, Logan County, Illinois, Nov. 30, 1856.”  He says:


“I emigrated with my father to Ohio (from Kentucky) in the spring of 1797.  We remained at Chillicothe that summer.  The fall or winter of 1797-8, a family by the name of Dixon, was the first white family settled at Franklinton, then called the Forks of Scioto.  That winter several others arrived there — Armstrongs, Skidmores, Deardurfs, Dunkin, Stokes and Balentine; early in the spring, McElvains, Hunters, Stevens, Browns, Cowgills, and Benjamin White.  The first meal-making establishment in Franklinton, was erected by Samuel McElvain—that was a hominy block—a hole burned in a stump, with a sweep so fixed that two men could pound corn into meal; the sifter was a deer skin stretched over a hoop, with small holes made therein by a small hot iron; and that block mill supplied the first settlement of Franklin County.  Our family helped to raise the first corn raised in the county by the whites.  Next was a hand mill erected by Rogers.  The first water mill was erected by Robert Balentine, on a small stream near Hayden's Factory, on the town plat of Columbus.  There was also a small distillery erected near Ridgway's Foundry, by one White, where the first rot-gut whiskey was distilled.  The same Benjamin



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White was the first appointed sheriff of said county.  Afterward, a man by the name of Rush, erected a mill on the Scioto, below the present dam of the Sullivant Mill.  The salt used by the village, was manufactured at a salt spring three or four miles below the village—perhaps on the White Farm—and I think Deardurf was the salt maker—but not proving profitable, it was soon abandoned.  In the summer of 1805, the first mail contract was taken by Adam Hosac—he being Contractor and Postmaster.  The route then was on the west side of the Scioto.  A weekly mail left Franklinton each Friday, stayed over night at Marly's Mill, on Darby Creek, next day made Chillicothe, and returned to Thompson's on Deer Creek, thence home on Sunday.  When the route was first established, there was no post office between Franklinton and Chillicothe, but during the first winter, there was one established at Westfall, now in Pickaway County, afterward one at Markly's Mill, about that time chanted to Hall's Mill.  I was the first appointed carrier, and did carry the first mail to Franklinton, and was employed in that business about one year, during the winter and spring having twice to swim Darby and Deer Creek, carrying the small mail bag on my shoulders. . . . .  I commenced carrying the mail at thirteen years old.  There was no regular mail to Worthington, but their mail matter was taken up by a young man employed as clerk in a store—I think Mr. Matthews.Truly yours,
”W. T. Martin, Esq.A. McElvain.


By an act passed April 16, 1803, it was made the duty of the Associate Judges to lay out their counties into townships, and perform various other duties that are now performed by the County Commissioners, and to appoint certain officers that are now elected by the people.  The records of these proceedings, on a few unbound sheets of paper, now thrown aside with the



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rubbish of the office, are in the handwriting of Lucas Sullivant; and being interesting as part of our early history, are therefore copied verbatim.

The regular courts for several years were held in hired rooms, until the Franklinton Court house was erected, in 1807-8—Lucas Sullivant, contractor.  A jail was sooner provided, as will be seen by the following minutes.  The first jail was a small log building near where Captain White now lives.  It was a temporary concern, and remained but a few years.  About the same time that the court house was erected, a new brick jail was also erected, a few rods north-east from the court house—Arthur O'Harra, contractor.  These buildings remained in use until the county seat was removed to Columbus, in 1824.  The court house is still standing, and used for a school house.


“COURT JOURNAL.

“At a meeting of the Associate Judges of the Court of Common Pleas, of Franklin County, at the temporary Seat of Justice of said county, in Franklinton, on Tuesday, the 10th day of May, 1803,—present, the Hon. John Dill, Chief Judge, David Jamison, and Joseph Foos, Esqrs., Associate Judges of the court aforesaid.  Who, having taken their official seats, were attended by Lucas Sullivant, Clerk of the said Court of Common Pleas, and they then proceeded to lay off the said County of Franklin into Townships, as required by and act of the General Assembly of the State of Ohio, entitled ‘An act to regulate the election of Justices of the Peace, and for other purposes,’ in the following manner, to wit:



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“Ordered, that all that part of Franklin County contained within the following limits, to wit:  Beginning at the forks of Darby Creek, that is, at the junction of what is called Treacles Creek with Darby Creek, running thence south to the line between the counties of Ross and Franklin; thence east with said line until it intersects the Scioto River; thence up the same till it comes to a point one mile, on a straight line, above the mouth of Roaring Run; and from thence to the point of beginning, do make and constitute the first township in Franklin County, and be called Franklin Township.

“Ordered, that all that tract or part of Franklin County contained within the following limits and boundaries, to wit:  Beginning on the west bank of the Scioto River, one mile, on a direct line, above the mouth of Roaring Run; from thence, on a direct line, to the junction of Treacles Creek with Darby Creek, which is frequently called the forks of Darby; thence south unto the line between the counties of Ross and Franklin; thence west with said line until it intersects the county line of Greene; thence with the last mentioned line north, and from the point of beginning, up the Scioto to the northern boundaries of Franklin County, do make and constitute the second township in said county, and be called Darby Township.

“Ordered, that all that tract or part of Franklin County contained in the following meets and boundaries, to wit:  Beginning on the east bank of the Scioto River, at the point where the sectional line between the sections number eight and seventeen, in township four, and range twenty-two intersects the Scioto River; thence east with the said sectional line until it intersects the line between the counties of Fairfield and Franklin; thence south with the same to the line between the counties of Ross and Franklin; thence west with the same until it intersects the Scioto River; thence up the river to the point of beginning, to make and constitute the third township in Franklin County, and be called Harrison Township.

“Ordered, that all that part of Franklin County contained within the following limits and boundaries, to wit:  Beginning on the east bank of the Scioto River, at the intersection of the sectional line between the sections number eight and seventeen, in the fourth township and twenty-second range; running thence with the said sectional line east, to the line between the counties of Fairfield and Franklin; thence north with



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said line, and from the point of beginning, with the Scioto, to the northerly boundary of Franklin County, do constitute and make the fourth Township in Franklin County, and be called Liberty Township.

“Ordered, that in Franklin Township there be elected two Justices of the Peace, and that the electors hold heir election for that purpose at the temporary place of holding courts for the county of Franklin, in Franklinton, on the twenty-first day of June next, as provided by law.

“Ordered, that there be elected in Darby Township one Justice of the Peace, and that the electors in said township hold their election for that purpose at the house of David Mitchell, in said township, on the twenty-first day of June next, as provided by law.

“Ordered, that there be elected in Harrison Township one Justice of the Peace, and that the electors in said township hold their election for that purpose at the house of Alexander Laughferty, on one Thomas Renixes, farm in their said township, on the twenty-first day of June next, as provided by law.

“Ordered, that there be elected in Liberty Township two Justices of the Peace, and that the electors hold their election for that purpose at the house of John Beaty, in said township, on the twenty-first day of June next, as provided by law.

“Ordered, that this court be adjourned without day.
“Test, LUCAS SULLIVANT, Clerk.


Thus, this extensive county was originally divided into four townships, Franklin and Darby on the west side of the river, and divided by a line from a point a little south of Dublin, to the mouth of Treacles Creek; and Harrison and Liberty on the east side, divided by an east and weest line through near the middle of what is now Hamilton Township.

At the elections above provided for, the following persons were elected the first Justices of the Peace in Franklin county, tow wit:  In Franklin Township, Zach-



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ariah Stephen and James Marshal; in Darby, Joshua Ewing; in Harrison, William Bennett; and in Liberty, Joseph Hunter and Ezra Brown.

On the same day, an election was held for a Representative in Congress, being the first election for a member of Congress ever held in the State, the State being then entitled to but one member, and his term was to commence from the fourth of March preceding his election.  Jeremiah Morrow was elected.

The following are copies of the certificates and abstract of the votes in Franklin County, to wit:


“On Monday, the 27th of June, 1803, in conformity to the 26th section of an act of the General Assembly of the State of Ohio, entitled ‘An act to regulate elections,’ I called to my assistance David Jamison and Joseph Foos, Esqrs., two of the Associate Judges of the Court of Common Pleas of Franklin County, and proceeded to open and examine the poll-books returned to me as clerk of said county, from the different townships therein contained, and for a Representative in Congress, find the votes as thus stated, to wit:


  Franklin
Township.
Darby
Township.
Harrison
Township.
Liberty
Township
Total.
Michael Baldwin
William McMillan
Elias Langham
Jeremiah Morrow
27
5
25
2

22


2

19
21
7

50
34
44
2

“In testimony whereof, I have hereunto subscribed my name, and



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affixed the seal of the county aforesaid, this, the day and year above written.
LUCAS SULLIVANT, C. F. C.


“We do hereby certify that the above statement of the election held on the 21st of this instant, in the County of Franklin, is a correct statement, as appears from the returns made to the clerk's office, from the several townships in our said county.

“Given under our hands this 27th of June, 1803.
“DAVID JAMISON,
“JOSEPH FOOS.”


Previous to our reduction of territory, in 1808, by the creation of Delaware County, the number of townships had increased to nine, but by the organization of Delaware County the number was reduced to the five following, to wit:  Franklin, Sharon, Pleasant, Montgomery, and Hamilton—which have been divided and sub-divided until they now number eighteen—the names and dates of the establishment of which are as follows:

Blendon,
Clinton,
Franklin,
Hamilton,
Jackson,
Jefferson,
Madison,
Mifflin,
Montgomery,
Norwich,
established








6th of March, 1815.
1st of July, 1811.
10th of May, 1803.
9th of March, 1807.
6th of March, 1815.
6th of September, 1816.
4th of March 1810.
2d of September, 1811.
9th of March 1807.
7th of December, 1813.

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Perry,
Plain,
Pleasant,
Prairie,
Sharon,
Truro,
Washington
Brown,

established






27th of June, 1820.
4th of March, 1810.
1st of July, 1807.
28th of December, 1819.
4th of March, 1816.
4th of March 1810.
4th of March, 1810.
3d of March, 1830.

Further extracts from the Court Records:


“At a meeting of the Associate Judges of the Court of Common Pleas of Franklin County, on the 8th day of August, in the year of our Lord one thousand eight hundred and three, present the Honorable John Dill, Esq., first Associate, and David Jamison, Esq., second Associate Judges of said Court.  Ordered, that the rates of Tavern License in Franklinton be four dollars per annum.

“Ordered, that a license be granted William Domigan, Sr., to keep tavern in his own house in Franklinton until the next Court of Common Pleas for Franklin County, and afterward, until he can renew his license.

“Ordered that license be grand Joseph Foos to keep a tavern at the house occupied by him in Franklinton for the accommodation of travelers until the next Court of Common Pleas for Franklin County, and afterward until the license can be renewed.

“Adjourned without day.
“Test,LUCAS SULLIVANT. Clerk.


“At a session of the Associate Judges of the Court of Common Pleas for Franklin County, at the place of holding courts in Franklinton for the county aforesaid, on Thursday,the 8th of September, 1803, in being the first judicial day after the adjournment of the Court of Common Pleas of the said County of Franklin—present John Dill, David Jamison and Joseph Foos, Gentlemen Associate Judges, aforesaid, who having assumed their official seats, and were attended by Lucas Sullivant, Clerk of Court of Common Pleas of said county, the fol-



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lowing proceedings were had, to wit:  On the prayer of a petition signed by a number of signers as required by law, and who were citizens of this county, praying for a view of a road leading from the public square in Franklinton, out of said town on the Pickaway road, thence the nearest and best way to Lancaster, in Fairfield County, until it intersects the line between the counties aforesaid.  Ordered, that the prayer of said petition be granted, and that John Brickell, Joseph Dickson and Joseph Hunter be appointed viewers of said road, who, or any two of them, shall view the ground aforesaid in this county and act in conjunction with the viewers that may be appointed by the Court of Common Pleas of Fairfield County, on what point said road will cross the line between the counties aforesaid, to be on the nearest and best ground to be had from Franklinton to Lancaster.  It is further ordered that Joseph Vance be appointed surveyor to attend the said viewers on the above described road, and that he make a survey and report thereof to our next January term.*

“On the prayer of a petition signed by a number of freeholders and citizens of Franklin County, praying for a view of a road to lead from the north-east end of Gift street, in Franklinton, on as straight a direction as the situation of the ground will admit of a road, towards the town of Newark, in Fairfield County, so far as the line between the Counties of Franklin and Fairfield.  The prayer aforesaid granted; and ordered that Samuel McElvain, Elijah Fulton and Joseph Parks be appointed viewers, who, or any two of them, shall view said road in this county, and act in conjunction with viewers that may be appointed by the Court of Common Pleas of Fairfield County, at what point on the line between said counties the road aforesaid shall cross, to be on the nearest and best ground from the point of beginning as aforesaid to the termination thereof.  It is further ordered, that Samuel Smith be appointed surveyor to attend the said viewers and make a correct survey of said road, and report the same to our next January term.



*This road was made to cross the Scioto at the old ford below the canal dam, and pass through the bottom fields, (then woods,) to intersect what is now the Chillicothe road south of Stewart's Grove; and continued to be the traveled road until after Columbus was laid out.  Jacob Armitage kept the ferry over the river.



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“Ordered, that there be paid unto Jeremiah McLene,* who was appointed by the Legislature of the State of Ohio as one of the commissioners to fix the permanent seat of justice in this county, (Franklin,) the sum of fifteen dollars.  It being a compensation for is services as aforesaid six days, and his additional service in writing and circulating the notices as required by law.

“Ordered, that there be paid unto James Ferguson, who was appointed one of the commissioners to fix the permanent seat of justice in this county, (Franklin,) the sum of twelve dollars, it being a compensation for his services as a commissioner aforesaid six days.

“Ordered that there be paid out of the county treasury of Franklin unto William Creighton, who was appointed by the Legislature of the State of Ohio, one of the commissioners to fix and establish the permanent seat of justice in the County of Franklin, the sum of twelve dollars, it being the compensation allowed him by law for six days service as a commissioner aforesaid.



*Gen. Jeremiah McLene died at Washington City on the 19th of March, 1837, aged 70 years.  His sickness dated from his attendance at the inauguration of Martin Van Buren, on the 4th of that month.  He had just completed his second term in Congress.  He was a native of pennsylvania, and in early life emigrated from that State to the then Territory of Tennessee, where he was an intimate companion of General Andrew Jackson, for whom he always entertained a great partiality.  He was subsequently a pioneer to the north-western Territory.  In the early part of the present century, he settled in the infant town of Chillicothe, and was, while there, Sheriff of Ross County.  Then, there and at Columbus together, he served twenty-one years in succession as Secretary of State, and was a very popular State officer.
    He was a surveyor and fond of his compass and the business–was for a number of years county surveyor for Franklin County, and also city surveyor of Columbus.  He was a man of remarkable plainness and familiarity of manners and character.  Although perfectly at ease in any company, he enjoyed himself equally as well in the society of the poorest laborers as with the highest dignitaries.  He was emphatically the poor man's friend—always ready to accommodate with the use of his name or otherwise, and paid more security debts, and with less murmuring, than any one man of his time.  As a characteristic of his plainness and economy, when on his dying bed, he called two of his friends to him and gave directions concerning his effects, and his death and burial. “Let my funeral,” said he, “be conducted with the strictest economy.”



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“On application of Morris Brown, lister of taxable property in liberty Township, who having proved his service as required by law, it is ordered that he be allowed and paid out of the county treasury five dollars for four days service in taking the list aforesaid, and also two dollars and fifty cents for taking the enumeration, and the further sum of seventy-two cents for traveling to the seat of justice to make said returns.

“Ordered, that a license be granted William Domigan, Sen., to keep a house of public entertainment in Franklinton, he having this day made application for that purpose, and produced a certificate of recommendation as required by law, to the satisfaction of the court.

“Ordered, that a license be granted Joseph Foos to keep a house of public entertainment in Franklinton, he having this day made application for that purpose, and, as appeared to the satisfaction of the court, has been heretofore recommended as required by law.

“Ordered, that there be allowed and paid to Joseph Foos, Esq., as follows: Four dollars expended by him in preparing for the reception of the Court of common Pleas for Franklin County at September term, 1803; also the sum of one dollar and fifty cents expended by him in conveying the election box and a volume of the laws of the State to the house of election in Darby Township prior to the twenty-first of June, as required by law; also the sum of three dollars paid by him to James Marshal, Esquire, for bringing from the printing office part of the number of volumes of laws of this State, as was allowed by law for Franklin County, and which was brought for the use of the different townships; also the sum of two dollars which he paid for the election boxes made use of the the past elections in this county.

“Ordered, that there be paid to John Blair, lister of taxable property in Franklin Township, the sum of six dollars and forty-nine cents, it being the compensation in full this day claimed by him before this court for his services in taking the list aforesaid, and also the list of enumeration in said township, and three miles mileage in making said return.

“On the prayer of a petition signed by a number of citizens, house and freeholders of Franklin County, praying for the view of a road to lead from the public square in Franklinton to Springfield, in Greene County, to be on the straightest and nearest direction towards Spring-



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field as the nature of the ground and circumstances will admit of a good road, ordered that Thomas Morehead, Alexander Blair and George Skidmore be appointed viewers of said road, who, or any two of them, shall view the same as far as the line between Franklin and Greene County, and make report to our January term next.  It is further ordered that Captain John Blair be appointed surveyor to attend said viewers on the above premises, and survey said road, and return a fair plat or survey thereof as required by law, to our January session next.

“Ordered, that Jacob Grubb be appointed County Treasurer for the County of Franklin.

“Ordered, that four dollars be appropriated for the purpose of completing the election boxes in this county, agreeably to the requisitions of law.

“Ordered, that the copies of the laws passed at the last session of the General Assembly of the State of Ohio which were appropriated for the use of Franklin County, be distributed through said county on demand to the persons following, to wit: To Robert Culbertson, Representative, one copy; to Zachariah Stephen and James Marshall, Justices of the Peace in Franklin Township, each one copy; to Joshua Ewing, a Justice of the peace in Darby Township, one copy; to William Bennett, a Justice of the Peace of Harrison Township, one copy; to Joseph Hunter and Ezra Brown, Justices of the Peace in Liberty Township, each one copy; and one copy to be deposited at the house of election in each township; to the Clerk of the Court of Common Pleas, one; to the Sheriff of the county, one copy, to the county Treasurer, one; to the county Surveyor, one of the copies of the laws above mentioned, and the balance to lie in the Clerk's office until otherwise disposed of.

“Ordered, that there be allowed for wolf and panther scalps as follows, to wit: For every wolf or panther scalp any person shall kill under six months old, one dollar; for every wolf or panther that is above six months old, two dollars.  The proceedings respecting any wolf or panther scalp to be particularly and pointedly regulated by the law passed by the Legislative Council and House of Representatives in General Assembly of the territory of the United States north-west of



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the River ohio, entitled, An act to encourage the killing of wolves and panthers, passed 9th January, 1802; said law to be complied with in every respect except the price given for scalps, which shall be as before mentioned in this order; and the holders of any certificate for such scalps shall be paid out of the county treasury so soon as the tax for 1804 shall be levied and collected, and not before.”


“At a session of the Associate judges of the Court of Common Pleas of Franklin County, held at the seat of justice in said county, on the 7th day of January, 1804—present John Dill, Chief Judge, and David Jamison and Joseph Foos, Esquires, Associate Judges as afore said — a return of the view of road from Franklinton to Newark was made by the surveyor and viewers that were appointed at September session, which return of survey and report were received and ordered to be recorded.

“Ordered, that the supervisor in Liberty Township proceed to open said road thirty-three feet wide, and prepare and make it passable for loaded carriages or wagons.

“A petition was presented by the Reverend James Kilbourne* and



*Afterwards more familiarly known by the title of Colonel Kilbourne.  In early life the Colonel was regularly ordained a preacher in the Episcopal Church, and officiated in that capacity for some time; but on entering public, he resigned his clerical office.  He was a native of New Britain, Connecticut, and was the projector and main agent in getting up the Scioto Company.  He made his first trip of exploration to ohio on behalf of the Company, in the spring of 1802, and after traveling over 1000 miles through the territory, on foot, he selected 16,000 acres of land for the Company, one half of which lies in a body where the town of Worthington was afterwards laid out.  He returned in the fall to Connecticut, and in the spring of 1803, he led a part of the Company to his new purchase.  The rest soon followed.  On the 5th of May, 1803, he cut the first tree on the new purchase.  By the 4th of July, 1804, the little colony numbered about 100 persons, and they celebrated the national anniversary by Col. K. delivering an oration, and by the falling of seventeen large trees, (instead of firing so many cannon,) by way of national salute.  The Col. was a man of ability, and a good deal or originality of thought, with a jovial, light-hearted disposition, and was very conspicuous and useful in the settlement of the county.  The tabular part of this work will show many of the public stations to which he was called, and filled with credit and ability.  He died at Worthington in the month of April, 1850, in the eightieth year of his age.



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others praying for a view of a road to lead from Franklinton to the town of Worthington, from thence to the south boundary of the fifth tier of townships, etc. It is ordered, that the prayer of said petition be granted, and that the prayer of said petition be granted, and that Michael Fisher, Thomas Morehead, and Samuel Flenniken be appointed viewers, who, or any two of them, shall view and make report of the same.  And it is further ordered that joseph Vance be appointed surveyor to attend said viewers, and make a correct Survey of the same and return it to this court.

“It is further ordered that the prayer of the petition presented by the Reverend James Kilbourne and others, praying for a road to lead from the town of Worthington to intersect the road which leads from Franklinton to newark, be granted on the conditions that the said petitioners defray at their own expense the viewing, surveying and opening the same.

“It is further ordered, that Maj. William Thompson, Ezra Griswold, and Samuel Beach be appointed viewers of said road, and report the same to this court at their next session; also, that the Reverend James Kilbourne be appointed surveyor, who shall attend said viewers, make a fair and correct survey, and return the same to this court at their next session.

“On application of Ezra Griswold for license to keep a tavern in Liberty Township, he being recommended to the satisfaction of this court, and he also paying into the clerk's hands the tax required to law, it is ordered that license be granted him accordingly.

“On application of Nathan Carpenter of Liberty Township for license to keep a house of public entertainment, he being recommended to the satisfaction of this court, and he having also paid into the hands of the clerk the tax required by law, it is ordered that license be granted him.

Usual Osbourn, having given bond with approved security for the collection of the county tax in Darby Township, it is ordered that he be appointed collector of the same.

“Ordered, that Lucas Sullivant be appointed Recorder for the County of Franklin, pro tempore, who shall proceed to provide the necessary books for the office, who shall, if he is not continued permanently, be paid by his successor the neccessary costs of the same at



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the time of delivering up the records, etc., to his successor, which he shall do whenever a Recorder shall be permanently appointed.

“Ordered that this court adjourn until Tuesday next.

“Test,LUCAS SULLIVANT. Clerk.


“Tuesday, January the 10th, 1804.  Th court met according to adjournment—present David Jamison and Joseph Foos, Esquires, two of the Associate Judges of the Court of Common Pleas of Franklin County.

“On application of William Harper of Harrison Township, for license to keep a house of public entertainment, it is ordered that license be granted him, he having produced a certificate signed by a number of signers satisfactory to this court.

“On application of Mrs. Elizabeth Whitaker, by petition for license to keep a house of public entertainment, which petition is signed with a number of signers satisfactory to this court, it is ordered that license be granted her.

“Ordered, that there be paid unto James Ewing, out of the treasury of Franklin County, the sum of eight dollars and seventy-five cents, it being the compensation due to him for seven days services in taking the list of taxable property and the enumeration of white males in Darby Township for the year 1803.

“Ordered, that there by paid unto Adam Hosac, Sheriff of this county, the sum of one dollar and fifty cents for summoning the grand jury for January term, 1804.

“Ordered, that there be a jail built immediately for the use of this county, on the following plat, to wit:  Of logs twelve feet long and eighteen inches diameter, with two sides hewed so as to make a face of eight inches, and to be let down dovetailing so as to make the logs fit close together; to be seven feet at least, between the lower and upper floors, which floor is to be of timbers of like thickness, with three sides hewed so as to let them lie entirely close, and to be smooth on the face of the lower floor, and the upper floor to how and even face in like manner on the lower side, and to have two rounds of logs at least, of like timbers above the upper floor; then to have a cabin roof well put on, a door cut out two feet eight inches wide and prepared in a workmanlike order, to hang the shutter of the door, which shutter is to be made in a strong and sufficient and workmanlike manner of plank two



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inches thick.  This is to be two windows, eight inches by ten inches wide, made in said prison house, which windows are to be secured by two bars of iron one inch square sufficiently let in, in each window, the corners closely sawed or cut down.

“Ordered that this court be adjourned without day.

“Test,LUCAS SULLIVANT. Clerk.


“At a session of the Associate Judges of the court of Common Pleas of Franklin County, begun and held at Franklinton, in the county aforesaid, on Thursday the 15th of March, 1804.  Present David Jamison and Joseph Foos, Esqrs., two of the Associate Judges of said county.

“Was presented the report of Thomas Morehead and Thomas Flenniken, who were appointed viewers at a session of said court held on Saturday, the 7th of January, 1804, of a road leading from Franklinton to the town of Worthington, from thence to the south boundary of the fifth tier of townships, together with the plat of survey of said road made by Joseph Vance in compliance of said order, which report and survey was received and ordered to be recorded.

“It is ordered that the supervisor in Liberty Township proceed to open said road and make it passable for loaded wagons.

“The report of Ezra Griswold, William Thompson and Samuel Beach, who were appointed viewers of a road to lead from Worthington to intersect the road which leads from Franklinton to Newark, together with the survey of the same made by James Kilbourne in compliance of the order of review, was presented and received, and ordered to be recorded.

“Adjourned.”


“At a session of the Associate Judges of the Court of Common Pleas of Franklin County, began and held in Franklinton, on Saturday, March 24, 1804,—present, John Dill, David Jamison, and Joseph Foos, Associate Judges of said court.

“The report of Thomas Morehead and George Skidmore, the viewers appointed by an order granted at September term, 1803, to view a road from Franklinton to Springfield, in Greene County, reported that they had viewed and marked out said road as far as Darby Creek, on as good ground as the nature of circumstance would admit, and which



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they considered to be of public utility.  It is therefore ordered that the report of said viewers of the aforesaid road, so far as it is viewed, be received and recorded as such, and that the supervisor proceed to open said road thirty-three feed wide, and make it passable for loaded wagons.

“Ordered, that there be paid to Joseph Parks and Samuel McElvain, each, three dollars out of the county treasury, for three days services in viewing of a road from Franklinton to Newark.

“Ordered, that there be paid unto David Pugh and John Hoskins, each, two dollars and a quarter out of the county treasury, for three days services in carrying the chain on the view of the road from Franklinton to Newark.

“Ordered, that there be paid to Samuel Smith four dollars and fifty cents, for three days services in surveying the road from Franklinton to Newark, as per return of survey.

“Ordered that there be paid out of the county treasury to Lucas Sullivant, eighty dollars, for the building of the jail, in Franklinton, for the county.

“Ordered, that Lucas Sullivant be appointed surveyor, to attend the viewers of the road from Franklinton to Springfield, and to survey and return a plat thereof of that part which has not been viewed.

“Ordered, that there be paid unto John Dill, Esq., eight dollars out of the county treasury, cash by him advanced to purchase a lock for the jail of Franklin County.


“Adjourned.LUCAS SULLIVANT. Clerk.


In the years 1805-6-7-8-9, a large number of respectable and substantial families were added to the infant county, amongst whom were the Miners*—Isaac


     * Isaac Miner, afterward known by the title of Judge Miner, removed from the State of New York to Franklinton, Ohio, in 1806 or '7, but he was a native of Massachusetts.  Jeremiah, his brother, came the next year.  They resided in Franklinton some one or two years, and from thence removed to Deer Creek, in Madison County, where they went largely and successfully into the grazing, feeding and driving

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and JeremiahSamuel White and sons, the Stewarts, the Johnstons, the Weatheringtons, the Shannons, the Stambaughs, the Ramseys, the Mooberries, the Sharps, the Deckers, the Rarys, the Olmsteds, the Kiles, Jacob Gander, Percival Adams, John Swisher, George W. Williams, and others.

From 1805 to 1811 or '12, a number of young men located in Franklinton, who grew up with the county, and became wealthy and conspicuous; amongst whom were Gustavus Swan, R. W. McCoy,* Doctor L. Good-



of stock.  After a number of years, they purchased and removed to the large and valuable farm—late known as the “Miner farm,”—near Columbus; where the Judge died in the fall of 1831, aged 53 years.  He was an energetic business man, and successful in its pursuits.
      Jeremiah lived a bachelor, and died at an advanced age, at Sandusky, Wyandot County, in the spring of 1854, and was brought to Green Lawn Cemetery (on the old Miner farm) for interment.  He was an honest, independent minded man, somewhat eccentric in his character, as evinced by the epitaph on his tomb stone.

     * Mr. McCoy died on the 16th of January, 1856, in the seventieth year of his age. He was a niative of Franklin County, Pennsylvania. He was reared from boyhood to the business of merchandizing, and in 1811 he removed from Mercersburg, Pennsylvania, where he had been doing business, to Franklinton, Ohio, with a small stock of goods, and there opened a store. About the year 1816, he removed his business to Columbus, where he continued the merchandizing until the time of his death. He was an active and useful citizen of the county abouth forty-five years, acquired a handsome property by his regular business, and was highly respected by all classes of citizens. He, as the successor of Mr. Buttles, was President of the City Bank of Columbus, at the time of his death.


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ale,* Doctor S. Parsons, Francis Stewart, Samuel Barr, Henry Brown, Orris Parish, Ralph Osborn



     * Doctor Goodale came in 1805.

      Doctor Parsons died the 30th of December, 1857, in the seventy-second year of his age. He was a native of the town of Reading, Connecticut. He acquired his profession in his native State; removed to the west a young and unmarried man, and arrived at Franklinton on the first day of the year 1811, where he located and commenced the practice of his profession. In 1816, he removed over to Columbus, where he continued to practice until the last eight or nine years of his life, when he retired. As a physician, he was attentive and cautious, and acquired a high reputation–and as a citizen was highly respected. In 1843, he was, without solicitation or desire on his part, elected a Representative for this county in the State Legislature, where he served with ability. he also was for a number of years president of the Franklin Branch of the State Bank of Ohio.

      Mr. Parish, afterward known by the title of Judge Parish, was a young lawyer, from the State of New York. He acquired some distinction as a practitioner, and in 1816 was elected President Judge of the Court of Common Pleas for this district. At the legislative session of 1818-19, charges were exhibited against him, calling for an investigation of his official conduct. They were referred to a committee, and the Judge published his address to the committee, in which he says: “I neither ask or desire any other justice at the bar of my country, or Heaven, than that which I have contributed my best exertions to measure out to those whose rights have been confided to my hands.”
     The committee reported in his favor, and soon after he resigned, and returned to the practice of the law.
     The Judge died in Columbus, in the summer or fall of 1837.

     § Mr. Osborn came to Franklinton in 1806. He was a native of Waterbury, Connecticut, where he acquired his profession of the law.
(continued at bottom of page 34)

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while a number of others passed off the stage before they had acquired fortunes or public distinction, and have been measurably forgotten.

In June, 1810, there was an old Wyandot Chief, named Leatherlips, executed in this county, about fourteen miles north of Columbus, near the Delaware County line, on the charge of witchcraft. The account of this event is taken for Drake's Life of Tecumseh, where it is abridged from an article by Otway Curry, in the Hesperian; and is substantially corroborated by Wm. Sells, Esq., of Dublin, who is, perhaps, the only survivor of the white men referred to, that were present at the execution.

“General Harrison entertained the opinion that his death was the result of the Prophet's command, and



He remained in Franklinton a few years, and when the County of Delaware was organized, in 1808, he was appointed the first Prosecuting Attorney for that county. Not long after, he removed to Pickaway County; and in December, 1810, he was first elected Clerk of the House of Representatives in the Ohio Legislature, which place he held for five consecutive sessions–until he was elected Auditor of State, in 1815. He then held the office of Auditor eighteen years in succession–three times as long as it has ever been held by any one, since. He was a popular Auditor, and filled the place with becoming dignity, and with urbanity. In the fall of 1833, he was elected to represent the counties of Franklin and Pickaway in the Senate of Ohio, which place he also filled to the general satisfaction of his constituents.
     He died at his residence, in Columbus, the 30th of December, 1835, aged fifty-five years.

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that the party who acted as executioners, went directly from Tippecanoe to the banks of the Scioto, where Leatherlips was found to be encamped, and where the tragedy was enacted. The six Wyandots who put him to death were headed, it is supposed, by the chief, Roundhead. An effort was made by some white men who were present, to save the life of the accused, but without success. A council of two hours took place; the accusing party spoke with warmth and bitterness of feeling. Leatherlips was calm and dispassionate in his replies. The sentence of death, which had been previously passed upon him, was reäffirmed. The prisoner then walked slowly to his camp, partook of a dinner of jerked venison, washed and arrayed himself in his best apparel, and afterwards painted his face. His dress was very rich, his hair gray, and his whole appearance graceful and commanding. When the hour for the execution had arrived, Leatherlips shook hands in silence with the spectators; he then turned from his wigwam, and with a voice of surpassing strength and melody, commenced the chant of the death song. He was followed closely by the Wyandot warriors, all timing with their slow and measured march, the music of his wild and melancholy dirge. The white men were likewise all silent followers in that strange procession. At the distance of seventy or eight yards from the camp they came to a shallow



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grave, which, unknown to the white men, had been previously prepared by the Indians. Here the old man knelt down, and in an elevated but solemn tone of voice, addressed his prayer to the Great Spirit. As soon as he had finished, the captain of the Indians knelt beside him and prayed in a similar manner. Their prayers, of course, were spoken in the Wyandot tongue. After a few moments delay, the prisoner again sunk down upon his knees and prayed as he had done before. When he had ceased, he still continued in a kneeling posture. All the rifles belonging to the party had been left at the wigwam. There was not a weapon of any kind to be seen at the place of execution, and the spectators were consequently unable to form any conjecture as to the mode of procedure which the executioners had determined on for the fulfillment of their purpose. Suddenly, on of the warriors drew from beneath the skirts of his capote a keen, bright tomahawk, walked rapidly up behind the chieftain, brandishing the weapon on high for a single moment, and then struck with his whole strength. The blow descended directly upon the crown of the head, and the victim immediately fell prostrate. After he had lain awhile in the agonies of death, the Indian captain directed the attention of the white men to the drops of sweat which were gathering upon his neck and face, and remarked with apparent exultation,



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that it was conclusive proof of the sufferer's guilt. Again the executioner advanced, and with the same weapon inflicted two or three additional heavy blows. As soon as life was entirely extinct, the body was hastily buried with all its apparel and decorations, and the assembly dispersed.“

There are a few old citizens remaining, who were personally acquainted with the old Wyandot, Leather lips. His character was that of a peaceable and harmless old Indian. A rude pile of stones, on the Kosciusco lands near the county line, long marked the grave of the unfortunate old chief.

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