Source:
History of Shelby County, Ohio
and representative citizens
Evansville, Ind. -
1913 - 947 pgs.
.....
Chapter VI
Pg. 77
ORGANIZATION OF SHELBY COUNTY

Date of Organization—Naming of the County—Selection of County Seat— Organization of Townships—Extracts from Commissioners' Journal— Court Minutes—Early Marriages—Pioneer Conditions—Land Entries— Population—Political Parties—County Officials.

     Shelby county was formed from Miami in 1819, and was named for Gen. Isaac Shelby, an officer of the Revolution, who, in 1792, when Kentucky was admitted into the Union, was almost unanimously elected its first governor.   Miami county, including Shelby, was a part of Montgomery county until January 16, 1807. When Shelby was formed from Miami county, it included Auglaize and Allen counties, which were subsequently detached, Allen county in 1831, and Auglaize in 1848. The population increased rapidly and on May 17, 1819, a court of common pleas convened in Hardin, which was conducted by the Hon. Joseph H. Crane, of Dayton, as presiding judge, and Robert Houston, Samuel Marshall and William Cecil, associate judges. Harvey B. Foote was appointed clerk of court and Henry Bacon, prosecuting attorney and, at this time, the first grand jury was called and reported. The term adjourned December 14th, and this sealed the doom of Hardin as a seat of justice, for the next term of court was held in Sidney, with the same judicial executive and clerical officers, on April 24, 1820.
     A board of commissioners convened at Hardin on June 17, 1819, consisting of Robert McClure, William Berry and John Wilson, with David Henry as clerk of board, and James Lenox, treasurer of the county. They entered at once upon their respective duties. Archibald Defreer was appointed collector. On June 12th the bonds of John Craig, as coroner, and Daniel V. Dingman, as sheriff, were accepted and after some routine business the board adjourned to September 2d, and Shelby county, armed and equipped, started on its full-fledged career and has been in motion ever since.. The epitaph on a day-old baby's tombstone might appropriately be applied to Hardin:

"Since so soon I am done for, I wonder what I was begun for;"

but everything has to have a beginning and Hardin, the peaceful hamlet on the Indian trail portage, between the Miami and Maumee rivers, was a suitable place as a starter.
     *Named for Col. Hardin, of Kentucky, who was killed by Indians there.
     A permanent location for the county seat was sought and the general assembly of Ohio appointed Thomas Van Horn and James Steele to view the different sites and make a report. After an extensive looking over of sites, they settled upon Sidney, five miles east of Hardin, on the beautiful Miami, and named in honor of Sir Philip Sidney. Their report was as follows:
To the Honorable the Court of Common Pleas of Shelby County.
The undersigned commissioners appointed by the legislature of Ohio at their last session, to fix on the most eligible site for the seat of justice for the county of Shelby, met at the town of Hardin, in said county, on the 22d inst, agreeable to appointment—previous notice having been given as the law directs, said notice being acknowledged and having been duly qualified —proceeded to examine the different sites pointed out by the inhabitants of said county; and after traversing the county to ascertain the most proper place, have selected part of a fraction number 36 in township 8, range 6, west of the Great Miami river, belonging to Charles Sterrett; commencing at a creek or run of water southeastwardly of a house in said fraction, occupied by a Mr. Cannon, running east of north with the bank, and westwardly for the quantity of seventy acres, offered as a donation by the said Charles Sterrett, as will appear by the inclosed bond, proposal, etc.
Signed, Thomas B. Van Horn, James Steele.
Dayton, September 26, 1819.

The donation referred to in this report is fully explained by the sub­joined article of agreement, made by Charles Sterrett, proprietor of the plat chosen as the site of the county seat:
I, the undersigned subscriber, proprietor of fraction No. 36, in township eight, range six, east of the meridian line, and on the west bank of the Great Miami river, do make a donation to the commissioners of Shelby county of seventy acres of land, for the use and benefit of said county, on any part of the above-named tract of land that the commissioners appointed by the legislature see proper to locate the seat of justice for said county; provided the commissioners for fixing the said seat of justice see proper to fix said seat permanently in said fraction; provided that I do receive one-half of the. proceeds of the sales of the lots after the said county commissioners locate, lay off, and sell the lots which may be laid off on said donation.

September 24, 1819. Charles Sterrett.
N. B. I also bind myself to give the privilege of all the springs within the bounds of said fraction as above described, for the use of the town, and the privilege of conveyance to the town.                                                           C. S.

Reserve Clause

     I, the said Charles Sterrett, do make the following reserves out of the seventy acres proposed to the commissioners for the seat of justice for the county of Shelby to wit: One acre for the public square; two half acres for two different denominations of religious societies; one acre for each of two different denominations of religious societies for graveyards; and one acre for use of schools.
                                                                            Charles Sterrett.

Robert McClure,
John Wilson,
Wm. Berry,
Commissioners.
     In accordance with the provisions of the articles of donation, Charles Sterrett executed to the commissioners a bond in the sum of $3,000, dated September 25, 1819.
     In consideration of securing the seat of justice at Sidney other donations than that of the proprietor were made by several citizens, who were favor­able to the project. These are exhibited by the following certified agreement:
     We the undersigned bind ourselves to the county commissioners of Shelby county, to pay the several sums annexed to our names, provided the seat of justice for the county of Shelby is established on the above tract of land as described, and the conditions as above are complied with:

State of Ohio, Shelby County, ss. December Term, 1819.
The court appoints David Henry director of the town of Sidney, to be laid off upon the ground selected by the commissioners, for the seat of justice of Shelby county, who gave bond with Rodham Talbott, Edward Jackson, and Thomas W. Ruckman, his sureties, in the sum of $6,000. The court further order that the director proceed to lay off a town upon the premises aforesaid in lots of five rods by ten, in blocks of eight, lots each, with alleys one rod in width, running through the center of each block at right angles with each other and with the streets; the alleys to divide the blocks into four equal parts. The streets be laid out six rods in width, and that a public square be laid out in said town by striking out the center block of lots.
     That the director, as soon as the said town shall be laid out, shall, after giving one month's notice thereof, in six of the most public places in this county, and in the Gazette, printed in Dayton, shall proceed to sell at public sale one-third of said lots upon the following terms, to wit:
One-fourth in ninety days; one-fourth in nine months; and one-fourth in fifteen months, and the residue in two years; to be secured by a lien upon the lots, until the whole shall be paid; reserving one lot upon or adjacent to the public square, to be selected by the commissioners, for the purpose of erecting temporary buildings for the county.
I certify that the above is a true copy of the minutes of the court.
                                                                Harvey B. Foote, Clerk.
     In accordance with the instructions of the court, the director of the town procured the survey of the plat by Benjamin S. Cox, who, after making the survey, submitted the following report:

Survey of Sidney.

     I do hereby certify that, being called on by David Henry, Esq., director of the town of Sidney, to survey said town plat, I executed the same under his directions, by running the exterior boundaries agreeably to the following courses and distance, to wit.:
     Beginning at a stake—the northwest corner of said town—standing four rods due south of the northern boundary line of the fraction witnessed by a small white oak standing north 7° east, 7 links distant; then south 5° east, 27 poles, to a stake in the cornfield; then south 85° west. 26 1/2 poles, to a stake witnessed by two small buckeyes; one bearing due north, at 6 links distance; the other south 47 1/2° west, 6 links also; thence south 5° east, 108 poles, to a stake, the southwest corner of. said town plat—witnessed, by a large blue ash tree standing north 64° west, 8 poles and 16 1/2 links distant; thence north 85° east, 80 poles, passing Abraham Cannon's house and cornering at a stake, the southeast corner of said town; said stake standing a few rods south of a run, and witnessed by a large blue ash standing south 58 1/2 ° east, 18 1/2 links distant: thence north 5° west, 81 poles, to a stake at the upper end of the cornfield; thence north 85° east, 14 1/2 poles, to a stake standing 22 links north of a large beech, and 34 links east of a smaller one; thence north 5° west, 27 poles, to a stake having for witnesses a blue ash, standing north 68° east, 21 links and a small buckeye, south 55° west, 12 links distant; thence north 85° east, 13 1/4 poles, to a stake witnessed by a large white oak standing south 75° east 5 links and a blue ash north 82° west, 17 links distant; thence north 5° west 27 poles, to a stake - the northeast corner of said town  - witnessed by a beech standing south 40° west, 27 1/2 links distant; thence south 85° west, 81 1/2 poles, to the beginning; containing by calculation 70 acres adn 25 1/2 poles.  The above courses were run for a supposed true meridian, and at right angles to the same; believing the true meridian, when running north, to be five degrees west of the magnetic one.
     In testimony of which, and for the truth of the above certificate, I hereunto affix my signature, this 24th day of February, 1820.
                                                        BENJAMIN S. COX, Surveyor.

State of Ohio, Shelby County, ss:
     Personally appeared before me a justice of the peace for said county, the above-named Benjamin S. Cox, who qualified the above town plat of the town of Sidney to be a true survey made to the best of his ability.
     Given under my hand and seal the 24th day of February, 1820.
[Seal]                                                                         D. Henry, J. P.
     The next action was an order of sale directed by the court to David Henry, director of Sidney, and providing as follows:
State of Ohio, Shelby County, ss.  Court of Common Pleas, April Term, 1820:
     It is ordered by the court that the director of Sidney offer for sale at public vendue, giving one month's previous notice in six public places in the county and in the newspapers published at Troy, one-third of the lots now remaining unsold in Sidney, on the following terms, viz.:  One-fourth of the purchase-money in hand; one-fourth in nine months; one-fourth in fifteen months; and the remaining fourth in two years; the purchaser giving bond and approved security for the payment of the last three instalments, and to receive from the director a certificate for the lot or lots purchased, stipulating that a deed shall be executed on the completion for the lot or lots purchased, stipulating that a deed shall be executed on the completion of the payments; and the director is further authorized to dispose of at private sale any lots remaining unsold at the public sale hereby ordered in the terms prescribed by this order.
     I hereby certify that the above is a true and correct copy from the minutes of the court.
     April 24, 1820.                                  HENRY B. FOOTE, Clerk C. C. P. S. C.

The State of Ohio, Shelby County, ss.  September Term, 1820.
     The director of Sidney having represented to the court that certain lots in said town, ordered to be sold in December term last, have reverted to the county, in consequence of the failure of the purchasers to comply with the terms of sale, it is, therefore, ordered by the court that the director sell the said lots which have so reverted on the following terms, viz.:  One-fourth of the purchase money in hand; one-fourth thereof in nine months; one-fourth in fifteen months; and the remaining fourth part in two years from the day of sale.  The purchaser giving bond and approved security for the payment of the last three instalments, and to receive from the director a certificate for the lots or lots purchased, stipulating that a deed shall be executed to the purchaser, his heirs, or assigns, on the completion of the payments.  The said sale to take place on the 6th instant, public notice having been given thereof heretofore in the newspapers printed at Piqua; and the director is further authorized to dispose of at private sale any of the said lots remaining unsold at the public sale hereby ordered in the terms prescribed by this order.
     I hereby certify that the above is a true copy of the minutes in my office this sixth day of September, 1820.
                                                            H. B. FOOTE, Clerk, C. C. P. S. C.

     To the director of the town of Sidney.
     In pursuance of these instructions, the director offered the designated lots for sale; after which he submitted the subjoined statement in account with the county:
     David Henry, Director of Sidney, in Account with Shelby County:
 

1820 Dr March, June and September Sales $3,094.25 To his receipts for moneys received  for lots sold at different times, and to different persons...........................   To Lot No. 57..................................... 25.00 To Lot No. 68..................................... 50.00 To Lot No. 98...................... 23.69 1/2 To Lot No. 104.................... 25.00 To Lot No. 77...................... 50.00 To Lot No. 81...................... 100.00 To Lot No. 32...................... 110.00 To Lot 53............................. 36.50 To Lot No. 93..................... 37.50   $3,551 94 1/2

Cr By receipts in bundle No. I..... $2,437.69 By lots 13, 88, and 91 forfeited 185.06 1/2 By notes due 538.96 1/2 By accounts not due, Wm. Felding 60.00 E. Evans 137.50 B. Mapes 25.00 Daniel Hopkins 36.50 T. W. Ruckman 37.50 By orders 101.85 1/2   $3,560.07 Balance............................. $8.12 1/2

     Conditions of a Supplemental Sale of Lots in the Town of Sidney.
     The conditions of the sale of lots to be sold this day in Sidney, agreeable to an order of the court of common pleas for Shelby county, last term:
     Article 1st.  The highest bidder is to be the buyer.
     Article 2d.  The purchaser agrees to pay one-third of the purchase money in hand; one other third part in six months; and the residue in one year from this date.
     Article 3d.  On payment of the first third part, the purchaser will be entitled to a certificate, conditioned to make a deed, on completing the above payments, at the end of one year, as aforesaid; still it is fairly understood and agreed that if the purchaser, or his assigns, fails to make payment at the end of one year, as aforesaid, then the lots thus sold is to revert back to the county, and money paid to forfeit.
     Any person buying a lot, and not making the first payment on this day, shall forfeit ten per cent. for disappointment, and lose their bid.
     June 1, 1820.                                       DAVID HENRY, Director.

ORGANIZATION OF THE TOWNSHIPS.

     Four townships in Shelby county retained the name and area when a part of Miami county.  They are Clinton. Turtle creek.  Cynthiana and Loramie.
     CLINTON, in which Sidney, the county seat, is situated, was reorganized by the commissioners in 1825.  IT is irregular in outline, being bounded on the south by the tortuous Miami river.
     TURTLE CREEK TOWNSHIP, named after a creek which traverses it, was reorganized in 1825.  The Big Four railway is its southern boundary.  Its center is the hamlet of Hardin, the seat of Justice in 1819, one year, and named after Mr. Hardin, who was killed by the Indians. 
     WASHINGTON TOWNSHIP was organized in 1825 under the name of Grayson, but the name was soon changed.  It was watered by the Loramie, Turtle creek and by the canal feeder.  Its principal town is the village of Lockington through which runs the Western Ohio electric line.
     LORAMIE TOWNSHIP was reorganized in 1825.  It was named after Loramie, the French trader, who had a store at the mouth of the creek at Lockington as early as 1752.  It contains four village - Mt. Jefferson, Houston, North Houston and Russia.  The last two are Big Four railway stations.  The principal streams are the Loramie, the Nine Mile run and the Miami and Erie Canal.
     CYNTHIAN TOWNSHIP was reorganized in 1825.  Newport is the only village.  Its streams are the Loramie, Lick run and Lawrence run and the Miami canal.
     ORANGE TOWNSHIP was organized in the year 1820 and is very fertile.  It is bounded on the north by the Miami river.  It has one village, Kirkwood, which is a station on the Dayton and Michigan railway.
     GREEN TOWNSHIP has two small villages, Palestine and Plattsville, which were laid out in the early thirties.  The name of Palestine has been changed to Tawawa.  It is watered by Mosquito creek and the Leatherwood.
     PERRY TOWNSHIP, was organized about 1824 and has a very productive soil.  Pemberton, a small village, which is a station on the Big Four railway, seven miles east oaf Sidney, is its largest town.  It is bounded on the north of by the Miami river.
     The TOWNSHIP OF SALEM was stricken from Perry in 1826.  Port Jefferson, a pretty village, and being at the head of the feeder, nine miles in length, of theMiami and Erie canal, had brilliant prospects before the day of railways, but collapsed upon their advant.  The Miami river runs through the town.  The township has one other village, Maplewood, a station on the Lima and Northern railway.
     DINSMORE TOWNSHIP was originated in 1832 and the board of commissioners order the election to be held in the house of Joseph Green on Christmas Day.  The township contains the the village of Botkins and one-half of Anna, both flourishing towns of the Cincinnati and Dayton railway.  The water courses in the Loramie and Hull's creeks.
     JACKSON TOWNSHIP was organied in 1833 and is one of the most fertile in the county.  It contains the thriving village of Jackson Center, a railway station and the hamlet of Montra.
     McLEAN TOWNSHIP was organized in 1834.  It has a large German element of excellent farmers who vote west when local option is before the people.  McLean is watered by the Loramie which heads in Dinsmore township and contains Loramie reservoir of 6,000 acres.  Being on the summit it is a feeder to the Miami and Erie canal.  It also contains Mile creek and Second run.  The land is very fertile.
     VAN BUREN TOWNSHIP was organized in 1834.  Rumley was settled by a colony of negroes but is now owned by white people.  The land is very fertile and productive.
     FRANKLIN TOWNSHIP was organized in 1835 and contains one-half of the village of Anna.  The principal streams are Turtle Creek, and Plum Creek. 

COURT HOUSE AND JAIL.

     As soon as the first court of justice was established at Hardin in 1819 in an old block house it was evident that a provision must be made for a suitable building.  As the county seat was removed to Sidney after one year the county commissioners held a session Feb. 1, 1820, and action was taken for the erection of a court house and jail.  the latter being necessary when the court found culprits guilty of criminal misdemenors.
     The following plans were adopted and recorded:  The court house so be of frame, 24 by 30 feet, adopted and recorded:

START ON PAGE 84

 

PROBATE COURT RECORDS

     A search among these records revealed some things which are deemed worthy of permanent record on account of the interest attaching to them by many of the citizens of today.  Among these things are the records of early marriages, of which a full list is given for the first few years which the records embrace.  Aside from this, the record of one marriage and that of a will are given not because of their antiquity, but on account of their curious natures.  While the one may provoke a smile at its seeming incongruity, the other must carry with it a sadness which will impress itself upon the reader who contemplates the murmur of despair which escapes the testator.  It is the wail of undone manhood and expiring hope.

EARLY MARRIAGES

JAMES COOKS WILL AND PROBATE, FILED OCTOBER 19, 1855

VOUCHERS FOR WOLF SCALPS TAKEN WITHIN THE JURISDICTION
OF SHELBY COUNTY

PERRY TOWNSHIP

Begins on the southeast corner of section 4, town. 2, range 13, east line of Shelby county; north with the aforesaid county line to the northeast corner of the county; thence west with the county line to the line between sections 29 and 30, town. I, range 7; thence south with the line between the aforesaid sections, continued on to Miami river, and across the river; thence with the river down to the land between sections 10 and 9, town. 1 range 13; thence with the last said lien east, to continue on to the place of the beginning.

GREEN TOWNSHIP

Begins at the southeast corner of the county/ thence north to the south line of Perry township, between sections 3 and 4 of town. 2, range 13; thence west with the sections line to the east line between sections 33 and 34 in the aforesaid town. 2, range 13; thence south to the country line between sections 34 and 28, town. 2, range 12; thence with the county line east to the beginning.

ORANGE TOWNSHIP

Begins at the south line of the county, on the Miami river; thence east to the west line of Green township, on the line between sections 34 and 28, town. 2, range 12; thence north to the south line of Perry township, in the middle of the 13th range; thence west with the line through the middle of the 13th range aforesaid to the Miami river; thence down the river to place of beginning.

CLINTON TOWNSHIP

Begins at the northwest corner of Perry township, on line between sections 29 and 30, town. 2, range 5; thence with the line between said sections south, and continued on to the Miami river; thence down the river to where the line between sections 15 and 18, town. 7, range 6, intersects the same river; thence north between said sections 15 and 16, and continued on to the county line; thence east with said line to the beginning.

TURTLE CREEK TOWNSHIP

Begins at the Miami river, between sections 15 and 16, town. 7, range 6; thence north with the west line of Clinton township to the county line; thence west to the line between sections 35 and 36, town. 11, range 5; thence south between sections 34 and 35 to the south line of the county, between sections 26 and 25, town. 9, range 5; thence east to the river, and thence up the river to the place of beginning.

LORAMIE TOWNSHIP

Begins between sections 25 and 26, town. 9, range 5, at the county line at southwest corner of Turtle Creek township; thence north with said Turtle Creek township line to the line between sections 35 and 36, town. 10, range 5; thence west to the county line; thence south to the southwest corner of the county; thence east to place of beginning.

CYNTHIAN TOWNSHIP

Begins on the west line of the county, between sections 27 and 34, town. 11, range 4; thence east to the west line of Turtle Creek township; thence north to the county line; thence west to the northwest corner of the county; thence south to the beginning.
     On June 18, 1825, the description of Cynthian township proving to be inaccurate, was corrected, as set forth in the following entry:
     Record of Cynthian township, agreeable to the petition for the organization of the same:  Beginning at the west line of the county, on the line between towns. 10 and 41, range 4 east; thence east to the west line of Turtle Creek township; thence north to the county line; thence west to the northwest corner of the county; thence south to the place of beginning.
     The record of this township was found to be incorrect, and ordered by the commissioners to be corrected.  All the numbers marked to be on the north line of the county are on the old Indian boundary, there being no numbers known on the north line.  Still, in that case the north line of the county is to be considered the north boundary of such townships.
     Examined and approved by the commissioners.

PIONEER CONDITIONS

LAND ENTRIES

     The numerous land entries prior to 1822 show that the settlers were not adventurers but came for permanent homes, and here follow the names of the original proprietors:
 

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