Removal of the County Seat.

When the county was organized, New Lexington and Rehoboth were aspirants for the honor of being the county seat. When Somerset secured the prize, these villages were very jealous of their successful rival. As the south of the county became more densely populated, agitation for the removal of the county seat to a more "central" position was begun. Rehoboth and New Lexington could both agree upon the word "central." About 1840 Rehoboth came to a standstill in her growth and her fate was sealed. New Lexing- ton became the sole rival of Somerset. During the decade beginning with 1840, several men were elected to the Legislature with the expec- tation that they would secure the passage of a bill for the removal of the county seat. In 1849 it had become 130

a question of such importance that the issue on the election of Representative was "Removal," or "Let well enough alone." In this election, the friends of removal carried the day. In 1851 after a hard struggle and considerable "lobbying" a bill was passed for the removal to New Lexington, provided that a majority of the electors of the county so wished. The contest which followed was a most exciting one. The result showed that "For Removal" had a majority of 292. The Somerset people then put the matter into the courts to test the constitutionality of the law that pro- vided for the election. Allen G. Thurman was then a judge of the District Court and his opinion was that the law was entirely in accord with the constitution. This put the county seat at New Lexington. But there was no Court House at that place in which to store the records. The Somerset people then succeded in securing the passage of a bill for the "removal" back to Somerset. This, too, was left to the electors. In 1853 the second election was held. It was even more exciting than the first one. The Democratic party was divided. The Whigs put no ticket into the field. Somerset was filled with strangers, who were working on the rail- road that was to run through that place. New Lex- ington was filled with strangers who were working on the Cincinnati, Wilmington and Zanesville Railroad. Somerset voted these strangers without inquiring too closely as to their residence. So, too, did New Lexing- ton. The New Lexington contingent paid men who lived along the border of adjoining counties two dollars per day to move their families across the line till after the election. So too, did Somerset. Election day came and Somerset won. New Lexington cried 131

"fraud." Somerset did not deny it. Their reply was that you "fight fire with fire." This result allowed the capital to remain at Somerset. It was now New Lexington's turn to go into the courts and demand an opinion as to the constitution- ality of the law under which Somerset gained her vic- tory. It was several years before the decision came. It was to the effect that the law was in dire conflict with constitutional prerogative and, therefore, the elec- tion held thereunder was null and void. That meant that the first law was still in force. In January, 1857, the removal was made by wagon over the hills, and New Lexington was happy. Somerset was equally de- pressed but full of "fight," for in 1859 they succeeded in naming the Democratic candidate for Representa- tive. Their candidate was persona non grata to the Lexingtonians, who proceeded to nominate another. Two Democratic tickets in the field and no Republican, made things intensely interesting. The election was exciting. The people were desperate. It was the final struggle. New Lexington won and Somerset was ready to quit. New Lexington was glad of the chance, The agitation and contest over the affair, from the beginning to the finality covered a period of eighteen years. Wars in which the destiny and fate of nations have been determined, have occupied considerable less time. The county seat question made a "Mason and Dixon Line" in our county, which is even yet retraced on special occasions, It may not be generally known that when the Somerset party saw that it was "all up" with them, a petition was presented to the Ohio Legislature, "pray- ing" for the dissolution of Perry county and the divi- sion of her territory among the contiguous counties. 132

This petition was presented by the Representative of Morgan county. The original, containing the names of many of the prominent citizens of northern Perry, was found in a barrel, stowed away in an attic, some years since. The author tells this as a matter of history. His information came from a reliable citizen of Morgan county, whose veracity can not be questioned. It only serves to show to what height sectional feeling had arisen over the permanent location of the county seat. 133

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