Transcription contributed by Martie Callihan 11 February 2005

The History of Warren County Ohio
Part IV Township Histories
Wayne Township by Judge John W. Keys
(Chicago, IL: W. H. Beers Co, 1882; reprint, Mt. Vernon, IN: Windmill Publications, 1992)

Page
555

Wayne Township was one of the four original townships into which Warren County was divided by the Associate Judges, May 10, 1803. The original boundaries of the township were as follows: Beginning at the northeast corner of Section 33 in the third township; thence east to the northeast corner of the county; thence south to a point drawn due east from the north boundary of the third military range; thence due west to the southwest corner of Section 25, in the fourth range; thence due north to the place of beginning. When we take into consideration that the east line of the county was as far east as where the town of Wilmington now is, we see that the township covered a large tract of territory, the west line being two miles farther west than now and the south line being two miles farther south than now. On the 26th day of June, 1806, Eaton Township was formed, cutting off all of Wayne Township east of Caesar's Creek. Turtle Creek Township was formed August 5, 1804, and cut off of Wayne about two miles on the south.

On the 11th day of September, 1815, Clear Creek Township was formed of the territory of Wayne and Franklin Townships, cutting off of Wayne a strip two miles wide on the west side. On the 10th day of October, 1850, Massie Township was formed out of Wayne and Washington Townships, and, on the 11th day of June, 1851, some change was made, by which a part of Massie was restored to Wayne Township, since which time there has been no further change.

The incidents attending the settlement of a new country are of particular interest to the parties, and, in, after years, there is no more pleasant enjoyment than for old settlers to get together and relate the scenes through which they have passed, and the part they bore in opening up and developing the country. The children remember the oft-told tale, and they, too, relate the incidents through which their parents passed; after them comes another generation, the country is opened and settled, they find all things prepared for them and no record kept of the past, and they feel but little interest in matters that transpired so long ago.

As Samuel Highway, with those who were associated with him and who accompanied him, appear to have been the first settlers, I think it not improper to here give the contract of purchase by Highway and his partners, of John Cleves Symmes, and their partnership contract:

ARTICLES OF AGREEMENT BETWEEN JOHN CLEVES SYMMES AND JOHN SMITH, SAMUEL HIGHWAY AND EVAN BANES.

Articles of Agreement made this third day of February in the year 1796, between John Cleves Syrnmes, of North bend in the County of Hamilton, in the Terrytory [sic] of the United States North West of the River Ohio, of the first part & John Smith, Samuel Highway & Evan Banes, of the same County of the second part, are as followeth; (viz.) The said John Smith, Samuel Highway & Evan Banes, jointly and severally, for themselves, their heirs Executors and Administrators agreeth and hereby covenanteth with the said John Cleves Symmes to purchase of the said John C. Symmes several certain unappropriated sections lying in the northern tier of sections in the fourth Range of Townships, and in the four Southern tiers of sections in the fifth Range of Townships in the Miami purchase, and County aforesaid, rangeing the said tiers of sections from East to West, every tier of which shall bound Easterly on the Little Miami River, including all the fractions, and extending Westerly into the purchase in the following manner, The most Southward tier shall extend from the Little Miami River not less than three whole sections abreast, Westerly, and not further west than the Eastern boundary line of the second

Articles of Agreement made and entered into this 22d day of February, 1796, between John Smith, Samuel Highway and Evan Banes, of Hamilton County & Territory N. West of the River Ohio as followeth to wit :

Whereas the said John Smith, Samuel Highway and Evan Banes did on the 3d day of February 1796 purchase of the Hon. John Cleves Symmes Esqr, a certain tract of land on the Little Miami River in the Fourth and Fifth Range of Townships, bounded East by the Miami River, containing 43 sections with their fractions on the said River for which they did on the 3rd day of February 1796 jointly enter into articles with the said John C. Symmes Esqr, for the payment thereof. Now the conditions of this article is such that the above named John Smith, Samuel Highway and Evan Banes do mutually agree to become equal partners, Jointly and severally as tenants in common, in the aforesaid purchase, in every respect as well in expenditures profits and loss &c. &c. The Said Samuel Highway, John Smith & Evan Banes, do Jointly and Severally, as tenants in common, bind themselves their heirs Executors to each other, his heirs Executors & Administrators to abide by and fulfill the above mentioned conditions and the following Stipulations in every respect. In the first place the said Samuel Highway to and with the said John Smith and Evan Banes, his and their heirs Executors and administrators to advance the sum of £2000, Stock doll's at 7 6 each towards the payment of the aforesaid Land, whenever Congress may demand payment of sd John Cleves Symmes Esqr. out of his own private stock, And the said John Smith and Evan Banes, do agree to advance whatever money they can of their own private stock towards the same, And the said parties do likewise agree that the party advancing the greater proportion of money when demanded by congress, for the surplus he may advance more than his copartners be entitled to interest for the 2/3 ds the same at 6 per cent by such partner or partners who fail in advancing their equal quoto, — till the said surplus money can be reimbursed from the sale of the lands, do agree jointly and Seperately for himself, his heirs Executors and Administrators, as tenants in common, to reserve for themselves separately the quantity of 3000 acres of land in the said purchase, in the following manner viz: The said Saml Highway is to have his 3000 acres as above mentioned, bounded East on the Miami two miles below the Town of Waynesville lately laid off in the said purchase, and adjoining the same, and West at right angles for quantity with the East and West section lines, Beginning at the South West corner of said Town agreeable to the plan thereof, And the said parties do agree as copartners & tenants in common that the said John Smith and Evan Banes may each of them take in reserve for himself his quantity of 3000 acres of land in said purchase in any part thereof — excepting what the said Saml Highway hath chosen for himself, provided they do not in such choice extend more than one and a half miles each, on the Little Miami River agreeable to the section lines, And the said parties do agree with each other that whatever bargain or bargains may be made by any two of the said parties shall be absolute and valid in behalf of the whole in every respect whatever, agreeable to the spirit of the aforesaid agreement and the mutual interest of the company, — And the said parties do further agree, that each one of the aforesaid parners shall whenever called upon by the others or one of them or their representatives, produce sufficient vouchers, for his proceedings, in the sale or expenses attending the disposal of said lands for the satisfaction of the other parties, and not appropriate any of the money arising from the sale of said lands to any other use than what may be conceived by a majority of said partners to be for the interest of the whole. And it is likewise further agreed on by the said parties that all moneys received by any one of the whole of said partners for the sale of said lands, shall within the term of three months & every three months of the year, or years, during the continuance of the partnership, be deposited in the Bank of the United States after the first day of April next — as soon as possible — if Judged necessary by a majority of said partners until a sufficient sum is received to answer the demands of Congress for said lands as stipulated in the article between John Smith, Saml Highway Evan Banes, & John Cleves Symmes Esqr, & the performance of all and every the articles and agreements above mentioned, the said John Smith, Saml Highway & Evan Banes do hereby bind themselves their heirs Executors & Administrators as Tenants in common to each other his heirs Extrs & Admtrs as witness our hands & seals the day and date above Written.