The "Real" William Foulks

The "Real" William Foulks

In his 64-year lifetime, William Foulks was called a land thief, a murderer and a corrupt politician.

by Thom Foulks:
For the record, I am a great-great-great-great grandson of William Foulks,1768-1832, and Elizabeth Morgan, 1771-1845, who were born in the area of Allegheny County, Pennsylvania, and migrated to Columbiana County, Ohio, around 1800. The younger brother of Indian scout and family hero George Foulks, William was not spotted by Indians during the 1780 raid in which his brother and sister, Elizabeth, had been captured.
He was also a community founder, church benefactor, state representative and a military commander...as well as escaping capture in a frontier Indian raid.

What is a fair descriptive summation of this man?

You be the judge.

To the original settlers of Columbiana County, Ohio, William was a community activist, and -- in today's terms -- a land developer, one of the first in that area of the frontier. He had acquired 200 acres of land on the banks of Longs Run, a fast-flowing creek whose waters ran to the Ohio River a few miles away. William founded the community of Calcutta, which was briefly known as Foulkstown, in 1802. Not only did he stake out the lots of the community, he also built its first brick house and donated the land for Longs Run Presbyterian Church. (The church continues in active use today.)

But that's getting ahead of my story.

William had gained his knowledge of dealing with land from bitter experiences in Beaver County, Pennsylvania. He had laid claim to 400 acres of what some described as "the most fertile farms in the county.". His initial claim likely came as a State of Pennsylvania award for his service (1793-1798) in the Pennsylvania Militia, the state's army.

The systems of the various states in awarding land claims varied, and the Federal government had been slow to develop a national system. So, for an individual, getting title to frontier lands in those days was not easy because they had to compete with land development companies who laid claim to thousands of acres in large tracts. Sometimes those claims overlaid the claims of early settlers.

The Federally-approved Pennsylvania Population Company also claimed the Foulks property, even though he had lived there for 17 years. When Congress passed the Land Act of 1792, it required all real estate landholders to perfect ["prove"] their title to the land.

William went to court (in fact, several times) to defend his claim against that of the Population Company. Each case, argued in Philadelphia (more than 350 horseback miles away) through the Pennsylvania state courts, was won by William. His claim was held to be valid.

"...Foulks had worked this property for seventeen years...he labored and cared for his land as his wife struggled to raise their children. Long, perspiring, back-breaking hours were spent in the fields. From before dawn to after sunset, Foulks cleared, plowed, harrowed, and fertilized the land. He had no mechanical equipment to ease his load. In 1791, tractors and power driven sowing and reaping machines had not been invented. It was only fifteen years earlier that America had won her independence from Great Britain. The 1790's brought final peace treaties with the Indians, and with the Indian threat gone, settlers began to settle the area." From "The First Murder Trial," by Diane Hayes, Western Advertiser, Fair Acres, Beaver, PA, June 13, 1974

But the development company persisted, filing claim in Federal court. There, William lost. The Pennsylvania Population Company won the right to have him and his family of five, evicted. William, Jr., had just been born (following Nancy, Sarah, John and Charles Morgan -- my great-great-grandfather).

Warner's History of Beaver County (1888) says, "The marshal and his party had reached the lane leading to the house of Foulks, when they were fired upon by persons concealed in a thicket of brushes on the roadside. Three or four reports of guns were heard, and James Hamilton called out, 'Sheriff, I am gone!' and instantly fell from his horse to the ground, and expired in a few minutes."

William was arrested and charged with murder. At his arraignment on September 29, it was disclosed that Foulks had threatened the Population Company's agent, Eunion Williams. The history says, "Foulks...it appears, had said that, if Williams should come to his house to dispossess him, he would break one of his legs or thighs." William was released on $2,000 bail -- a sizable sum in that day, posted by a friend.

A few days later, however, another man -- Nathaniel Eakin -- was also charged with killing Hamilton. The county's history books do not explain how this contradictory situation was allowed to occur. Eakin had also been accused of threatened the land agent.

At a court session on November 4, his attorney moved to have the charges dismissed against William Foulks. That was immediately opposed by an attorney for the Population Company. The four-judge court postponed the question.

Warner's history continues, "On Saturday morning at two o'clock, the court having adjourned to Hemphill's tavern to receive the verdict of a jury then sitting, the court was again opened by Judges Roberts and Reddick, and at that untimely hour, without the knowledge of Judges Caldwell and Drennan, Foulks and his bail were called to enter a new recognizance, or forfeit and pay $2,000."

It was a court demand to appear for trial. Right then, 2 a.m., in a tavern. There's no indication William was anywhere near Hemphill's that night.

The history continues, "At this strange proceeding all the inhabitants stood amazed; the absent judges appeared and protested with such firmness as to compel the other judges to yield on condition that Foulks should enter into a new recognizance before a justice of the peace."

We don't know what became of that order, but shortly thereafter, Eakin was tried.

The county's history says of the Eakin trial, "Witnesses were called on the part of the prosecution, some whom proved that the prisoner had used threats in 1806 to the effect that if the marshal whould come to dispossess any of the actual settlers, he would turn out with his gun, that blood would be spilt, and that he had no doubt but that there would be civil war.

"It was also proved that the evening preceding the day the marshal came, at a late hour, he was conversing with a young man of the neighborhood relative of the marshal's coming out, and the blacking of faces at the end of Foulks' lane on Monday, with his gun.

"On the part of the prisoner [Eakin] it was proved that immediately before the guns were fired, he was standing in Foulks' peach orchard, and that immediately after, he was standing in the same place. The distance was so great, it was held, the prisoner could not have been one of the persons who fired. It was also proven that the gun of the prisoner was in Foulks' house at the time the guns were fired.

"Foulks was called as a witness on the part of the prisoner. In the course of his examination he declared that it was his intention to oppose the marshal; that he was in his own house when the guns were fired, and was resolved not to give possession but with his life. Mr. Mountain [the Defense attorney] reminded him that he was not bound to criminate himself.

"The president judge said he was doing that as fast as possible."

Historian Warner says the charge of the jury was impressive, and somewhat severe against the prisoner. But...

..the 12-man jury, "after a few minutes consultation, returned a verdict 'not guilty'".

Warner's history makes no further effort to explain the tangled circumstances.

Tangled? Yes. We do know in November, 1807, Eakin was acquitted of the murder. But there's no record the charges were pursued against William Foulks; apparently he was never tried. There's no record anyone was ever convicted of the shooting of the posse member.

The Foulks family left Pennsylvania, however, moving across the Ohio River to the Columbiana County holdings William had started to develop more than five years earlier. He and partner Michael Shurtz built a hotel, a livery stable, and a store for travelers on the stagecoach route between Pittsburgh and Cleveland. Other entrepreneurs built a paper mill (the first in the Northwest Territory), and a covered bridge across the creek about two miles up from where the creek empties into the Ohio River.

William's Pennsylvania experiences had given him considerable knowledge of land dealings, as well as court proceedings. Stepping into politics apparently became easy.
"...While a resident of the village, William Foulks took a leading part in the public affairs of the county and became of the most influential politicians in the eastern part of the state. He represented the district of which Columbiana formed a part, three times in the general assembly, having been one of the leaders of his party during the sessions of 1810, 1811 and 1818. His legislative career was eminently satisfactory to his constituents and his name is prominently connected with many of the most important laws enacted during his incumbency..." -- From a photocopy of a book page of the 1800s, title and author unknown.

His Pennsylvania militia experience helped him form the William Foulks Company (more than 100 soldiers from St. Clair Township) in the infantry of the Ohio militia. He was captain for a three-month campaign against the British in the War of 1812. That was to win him a U.S. land grant, which he claimed in newly-developing Richland County (1821), nearly 120 miles east of Calcutta.

That William Foulks was regarded as a leader, known and recognized for many miles around, seems quite evident. But -- though seemingly solidly-planted in Columbiana County -- he wasn't through moving.

Sometime around 1820, William Foulks, Jr., -- barely 21 -- was accused of counterfeiting. The details, today, are not known. And, although he was subsequently cleared of all charges, many in the township felt that William had used his political clout to clear has son.

In October 1824, his effort to return to the Ohio General Assembly led to an election defeat.

In New Lisbon's newspaper, "The Patriot", May 14, 1825, William placed a for sale advertisment listing his "farm in St. Clair Township, the northeast quarter of section No. 3 in township No. 6, of range No.1 on the main branch of the Little Beaver Creek, including the West Middle branch, which runs 'strait thro' said quarter." The improvements were a frame dwellinghouse, a frame barn and a salt-house with a good salt well with a number of kettles and other articles necessary for manufacturing salt. There were 22 acres of land under cultivation with some cabin houses. "A good site for water works, etc." the ad said.

William Foulks, founder of the community, known throughout Columbiana County as a politician, land owner, church leader and military veteran, apparently felt his welcome there had worn out.

The arrival of William and Elizabeth in Richland County constituted a family reunion. His brother, Jacob, had already moved there, years earlier. And his aunt, Catherine, moved there from Columbiana County following the 1840 death of George. Catherine's father, Henry Ullery, was also a Richland County landowner. (During his years of Indian captivity, George is believed to have walked the area, recognizing it for the rich farmland it remains today.)

The land that William Foulks once lived on in St. Clair Township in Columbiana County is today part of Beaver Creek State Park. His disputed land back in Allegheny County, is now part of Beaver County.

Just six years later, William died -- September 3, 1832 -- in Richland County. Elizabeth died at the age of 73, June 7, 1845. Both are buried in Presbyterian Cemetery, in the county's BloomingGrove Township, near Rome, Ohio.

Behind them, they left an extensive legacy -- particularly the efforts of Charles Morgan Foulks, their second-oldest son who remained in Columbiana County, succeeding William in many community leadership roles.

But that's another story.

[Note: All names, dates and locations are accurate, as noted in various documents and published historical accounts of the era. Narration as to motives, reasons and other actions, is speculation based on the facts.] -- Thom Foulks
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This narrative and presentation is © 1999, Thom Foulks, Colorado Springs