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THE SEPARATIST SOCIETY OF ZOAR.

 

AN EXPERIMENT IN COMMUNISM -FROM ITS COMMENCEMENT

TO ITS CONCLUSION.

 

BY E. O. RANDALL, LL. M., SECRETARY OHIO STATE ARCHAEOLOGICAL

AND HISTORICAL SOCIETY.

It is somewhat singular, if indeed not really significant,

that just at this time while the views of Edward Bellamy1 are

attracting world-wide attention and receiving an enthusiastic

acceptance almost startling in its extent, one of the most com-

plete and perhaps most thoroughly tried applications of the so-

 

1Edward Bellamy, born Chicopee Falls, Mass., March 26, 1850;

died same place, May 22, 1898. Author of "Looking Backward" (1889)

and "Equality" (1897). Editor "The New Nation," established January,

1891. These works advocate a socialistic communism. Bellamy's books

reached a sale of hundreds of thousands and some four hundred papers

and periodicals have been established devoted to his theories, while

thousands of clubs and societies have been formed throughout the coun-

try promotive of what is called the Nationalistic Movement, which in

certain sections has taken an organized political character, leading to

the formation of local, state and national parties. The Nationalistic

Movement does not at once demand the adoption of the perfected ideal

scheme as described in "Equality," but tends towards an Utopian com-

mune, to be preceded "by the nationalization of industries, including as

minor applications of the same principle, the municipalization and state

control of localized business."

Vol. VIII-1



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cial scheme of communism has reached a termination and, a

self-confessed failure, has passed out of existence, as to its com-

munistic feature, and that too after a duration of more than

three quarters of a century, a continuance apparently under the

most favorable circumstances.

 

ORIGIN OF THE SOCIETY.

The history of this communistic experiment is a sociologi-

cal study, both important and instructive. It is the history of

the Separatist Society of Zoar. As religion was the funda-

mental basis of the organization, the object of its formation, the

cause of its emigration to this country, and a prominent ele-

ment in its operation and final failure, some considerable space

is devoted to this component of the Zoar Colony. As is well

known to every reader of history, the reformation in Germany

in the sixteenth century resulted in the springing up, through-

out the fatherland, of innumerable anti-Romish sects. This

was especially true in those countries where the union and

united oppression of the church and state had become unusually

obnoxious and tyrannous. The Kingdom of Wurttemburg be-

came one of the hotbeds of the revolt against popedom and

churchdom, and for three or four centuries before the reforma-

tion, Wurttemburg was noted for the reformatory activity of its

people.

While following the leadership of the Wittenberg Monk,

Wurttemburg became, not only the stronghold of Protestantism,

but also a prolific breeding ground for countless religious inde-

pendents, and also for an innumerable variety of sects and

creeds.  As early as 1544, two years before the death of Lu-

ther, a preacher of Waiblingen complained that there were as

many sects in Wurttemburg as there were houses. The Lutheran

Church became the church of the state, and the orthodox clergy

supported by the compliant government, stood up, of course,

resolutely against the dissenting and independent religionists.

Among these numerous heterodoxies the Pietists constituted

one of the strongest and most influential religious parties-

they were hardly an organized sect-but were antagonists to

the state church. This sect, or rather theological school, owed



The Separatist Society of Zoar

The Separatist Society of Zoar.     3

 

its origin and growth to the writings and teachings of Johann

Arndt (1555-1621), Johann Andrea (1586-1654) and Frederick

Christoph Oetinger (1702-1782). The latter was an enthusiastic

disciple of the mystic philosophy of Jacob Boehm (1575-1624).

Oetinger's heterodoxy fostered a species of dissent known as Sep-

aratism. The Separatists rejected baptism, confirmation and

other ordinances. They declined to do military duty or take

the legal oath, and refused to remove their hats to their desig-

nated superiors-they had no superiors in their own estimation,

as all men were equal before the Lord. They would not permit

their children to attend the public schools, which were con-

ducted by the Lutheran clergy. Disobedience to the conven-

tional forms of the regular church and the dictates of the ruling

state, naturally brought the Separatists into conflict with the

government. They were insulted and persecuted. They were

brought before the civil authorities and punished with floggings

and imprisonment. Their houses and lands and personal prop-

erty were confiscated; their children were taken from them and

sent to orphans' homes or other public institutions.  In short,

an intolerable and bigoted oppression of the Separatists pre-

vailed, just as two centuries earlier the Puritans of England

were persecuted by the Protestant King James.2  There was

 

2 The interesting fact should not be lost sight of that while the prime

purpose of the expedition of the Mayflower (1620), under the reign of

King James I, was for religious liberty, the financial plan and practical

working of the Pilgrim Forefather settlement was a phase of communism.

The Leyden Emigrants having no means of transportation and being

scarce of funds, entered into a hard bargain with one of the English

Colonizing Companies of London. "In their arrangements for the voy-

age, and the business foundation and management of the colony," the

Pilgrims formed a communistic co-partnership. The Plymouth Company

of London, comprising some seventy merchants, handicraftsmen, etc.,

"which raised the stock to begin this plantation," had an original

capital of some seven thousand pounds, divided into shares of ten

pounds each ($50.00). This company was to furnish the Pilgrims trans-

portation and land for settlement. The Pilgrims were to go as planters

or pioneers-they were to become stockholders by virtue of their services

or contributions. "The shares were ten (10) pounds each. For every

person going, the personality (that is, from sixteen years of age) was.

accounted one share for him and every ten pounds put in by him (in

funds or property) was accounted an additional share." This co-part-



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no alternative for the Separatists but to suffer or flee the coun-

try. They were forced to emigration. The first of these Sep-

aratist departures to America was under the leadership of George

Rapp, the eloquent weaver-preacher of Iptingen, Wurttemburg.

He first gathered a small congregation in his own house in

1787. He and his followers were duly fined and imprisoned

when in 1804 some six hundred of them, mainly mechanics and

peasants; landed in Philadelphia and finally located on the Ohio

river some twenty miles northwest of Pittsburg, in Beaver

county, Penn., where they purchased some five thousand acres

of wild land. They called the place of their settlement Econ-

omy, and they "formally and solemnly organized themselves

into the 'Harmony Society,' agreeing to throw all their pos-

sessions into a common fund, to keep thenceforth all things in

common; and to labor for the common good of the whole

body."3

 

nership was for seven years. During this time the Pilgrim colonists

were to be supported out of the common colony property. At the end

of the seven years, all the possessions of the colony, with everything

gained by them, were to be equally divided among the whole of the

stockholders-London capitalists as well as Pilgrim colonists. Such

was the contract, the essence of which was co-partnership in interest

and a communism in support and subsistence. One of the earliest

studies, therefore, in this country of the relations of capital and labor

is offered in the establishment of the Plymouth colony. In 1623 the

colonists raised funds through English friends and bought out the

London stockholders in the company, and the Pilgrims thus became

possessed of all the stock and property of the company.-[Pilgrim

Fathers, G. B. Cheever, page 107.]

3The Harmonists or Rappists, as sometimes called, remained in

Economy ten years and then moved to New Harmony, Indiana, re-

maining there till 1824, when they sold their land to Robert Owen, the

scientist and philanthropist, author of "New View of Society" and

"The Book of the New Moral World." For three years Owen tested

his socialistic theories at New Harmony when the experiment became

unsuccessful and was abandoned, Owen returning to England, his native

country. The Harmonists (1824) returned to Economy, which has ever

since been their abiding place. They suffered many vicissitudes, dissensions

and desertions. Several times seceders established other communistic

societies. The Harmonists at Economy numbered at one time over a

thousand members-and in their palmiest days were reported possessed



The Separatist Society of Zoar

The Separatist Society of Zoar.             5

The company that comprised the Zoar colony departed from

Wurttemburg in April, 1817. A few months earlier several of

their number were sent to Antwerp to engage a ship to trans-

port them to America. They chose as their leader one Jo-

seph M. Baumler, which name was later changed for the sake

of English euphony to Bimeler and is so known to-day in Zoar

and elsewhere. Bimeler was of humble and obscure peasant

origin but a man of unusual ability and independence, a

teacher, a natural leader and a fluent speaker.    He easily

became by common consent the guide and mentor of a large

following.  There were some three hundred in this pilgrim

company. They were from the poorer class of their country-

men. Many were unable to pay their passage, which was pro-

vided for by some of their more fortunate companions and ma-

terial assistance was rendered to these religious emigrants by

the sympathizing "Society of Friends," the Quakers of Eng-

land. The journey of the Separatists lasted some three months,

and the voyagers landed in Philadelphia on August 14, 1817.

They were kindly received in the City of Brotherly Love by

their friends, the Quakers, who provided a large building in

which the Separatists could remain until departing for their

western home. As further acts of aid by the Quakers, it is re-

lated that the "Society of Friends" in England had sent a

considerable sum of money to America for the use of the worthy

but destitute Wurttemburgers-a sum amounting to about eight-

een dollars for each Separatist. This fund was given the re-

cipients upon their arrival in Philadelphia and was used later

to send them on to their destination in the Tuscarawas Valley.

As most of these emigrants reached Philadelphia "in an im-

 

of property valued in the millions. They made large real estate invest-

ments which proved exceedingly profitable, for the coal mines, oil

wells, etc. They built up large industries, shipping their goods through-

out the country. The past few years they have rapidly declined. They

number now less than a dozen members. Their manufactories are mostly

abandoned. Their property has been mainly sold and that remaining

has greatly depreciated in value and is more or less encumbered. The

society has practically lost its co-operative character and its fate as a

communistic society will doubtless be at no distant day that of its kin-

dred at Zoar.



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poverished condition," this Quaker beneficence came to them

like an act of Providence and the Separatists have always pre-

served a warm spot in their hearts for the generous and sym-

pathetic Quakers. They tarried in Philadelphia several months,

during which time Bimeler arranged for the Ohio settlement.

He purchased of one Godfrey Haga a tract of five thousand

five hundred acres of land, a military grant in the wilderness

of Tuscarawas county. He was to pay three dollars per acre,

giving fifteen hundred dollars cash -(loaned, it is said, by

their Quaker friends)-and his (Bimeler's) individual notes for

fifteen thousand dollars, secured by a mortgage on the land

for that amount, to be paid in fifteen years, the first three years

to be without interest. This transaction was solely in the

name of Bimeler, but with the understanding that each mem-

ber of the society should have an interest therein proportionate

to the amount he might contribute to the payment for the land.

Bimeler, with a chosen few of his company, went out to take

possession of this purchase December, 1817, when the first log

hut was erected, others rapidly following, on the site of the

present village of Zoar.4  The colonists were as fast as pos-

sible to cluster their humble homes about this chosen center,

after the custom of the German peasant farmers who settle in a

common locality rather than scatter their dwellings upon their

respective and more or less distant farms.

In the succeeding spring (1818) the colonists then remain-

ing in Philadelphia went on and took up their abode at Zoar

-that is all that were able to do so.  Many were too poor

to reach there without assistance and a large number were com-

pelled to take service with neighboring farmers to earn sup-

port for themselves and families. They were almost wholly

unskilled workmen and many delayed their journey at an op-

 

4Zoar was, as may be surmised, so named from the ancient town

on the shore of the Dead Sea, a city described in Genesis as "a little

one" to which Lot was permitted to take refuge in his flight from

Sodom. The choosing of this name is indicative of the religious char-

acter and purpose of the Separatists. They have generally been known

as "Zoarites."



The Separatist Society of Zoar

The Separatist Society of Zoar.           7

 

portune station to acquire a knowledge of some useful trade or

calling.

This Separatist emigration had been primarily for the pur-

pose of securing religious liberty; secondarily for better oppor-

tunities of obtaining a livelihood. They had thus far no in-

tention of forming a communistic society; they held their in-

terests individually, and it was expected that each member

should pay for his own share of the land, which had been se-

cured by Bimeler to be subsequently divided and sold among

separate purchasers. But the members were unequal in age,

strength, experience, energy and enterprise. They soon real-

ized that their individual inequality stood in the way of the

collective success of the company. "Having among them   a

certain number of old and feeble people and many poor who

found it difficult to save money to pay for their land, the lead-

ing men presently saw that the enterprise would fail unless it

was established upon a different foundation; and that neces-

sarily would compel the people to scatter." Early in 1819 the

leaders, after consultation, determined that, to succeed, they

must establish a community of goods and efforts, and draw

into themselves all whom poverty had compelled to take ser-

vice at a distance. This resolution was laid before the whole

society, and after some weeks of discussion was agreed to; and

on the 15th of April articles of agreement for a community of

goods were signed. There were then about two hundred and

twenty-five persons, men, women and children.5

These articles of association were dated April 19, 1819, and

were signed by fifty-three males and one hundred and four fe-

males. The articles created a common unity of interests, pre-

sent and prospective, whereby all the property of individual

members, and their future earnings, should become the com-

mon stock of the association, to be taken care of and man-

aged by directors to be elected annually by the members.6

 

5Nordhoff, Communistic Societies in the United States, page 101.

6 The articles of association entered into by the society were prefaced

by the following preamble: "The undersigned, members of the Society

of Separatists of Zoar, have, from a true Christian love towards God

and their fellow men, found themselves convinced and induced to unite



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In March, 1824, amendatory articles7 containing features

similar to but more extended than those of 1819, were drawn up

and signed by about sixty males and one hundred females,

 

themselves according to the Christian Apostolic sense, under the follow-

ing rules through a communion of property; and they do hereby de-

termine and declare that from the day of this date, the following rules

shall be valid and in effect:"

1. "Each and every member does hereby renounce all and every

right of ownership, of their present and future movable and immovable

property; and leave the same to the disposition of the directors of the

society elected by themselves.

2. "The society elects out of its own members their directors and

managers, who shall conduct the general business transactions, and

exercise the general duties of the society. They therefore take possession

of all the active and passive property of all the members, whose duty

it shall be at the same time to provide for them; and said directors are

further bound to give an account to the society of all their business

transactions."

The other articles relate to the duties of the members of the society,

the adjustment of difficulties which may arise among them, and an

agreement that backsliding members cannot, either for property brought

in, nor for their labor in the society, demand any compensation or resti-

tution, except under the order of a majority of the society.

5 McLean, page 224.

7"We, the undersigned, inhabitants of Zoar and its vicinity, etc.,

being fully persuaded and intending to give more full satisfaction to

our consciences, in the fulfillment of the duties of Christianity, and

to plant, establish and confirm the spirit of love as the bond of peace

and union for ourselves and posterity forever, as a safe foundation of

social order, do seek and desire, out of pure Christian love and per-

suasion, to unite our several personal interests, into one common in-

terest, and, if possible, to avoid and prevent law suits and contentions,

or otherwise to settle and arbitrate them, under the following rules, in

order to avoid the disagreeable and costly course of the law, as much

as possible. Therefore, we unite and bind ourselves by and through

the common and social contract under the name and title of "The

Separatist Society of Zoar," and we agree and bind ourselves, and

promise each to the other and all together, that we will strictly hold to,

observe, and support all the following rules and regulations. New

articles, amendments, or alterations, in favor of the above expressed

intentions, to be made with the consent of the members.

"We, the undersigned, members of the second class of the Society

of Separatists, declare, through this first article, the entire renuncia-

tion and resignation of all our property of all and every dimension, form



The Separatist Society of Zoar

The Separatist Society of Zoar.                 9

 

under which articles, with those of 1819, the affairs of the

Society were thereafter managed. On February 6, 1832, the So-

ciety was incorporated under the then existing laws of Ohio,

 

and shape, present and future, movable and immovable, or both, for

ourselves and our posterity, with all and every right of ownership,

titles, claims and privileges, to the aforesaid Society of Separatists,

with the express condition that, from the date of the subscription of

each member, such property shall be forever, and consequently also

after the death of such member or members, remain the property of the

said Separatist Society."

Directors were to be elected by the society, who were authorized

to take all the property of the individual members and of the society

into their disposition, and to hold and manage the same expressly for

the general benefit of the society, according to the prescriptions of the

articles. They shall have power to trade, to purchase and to sell, to

conclude contracts and dissolve them again, to give orders if all of them

agree, with the consent of the cashier, who was to be elected by the

society. They were "to appoint agents and to conduct the entire pro-

vision of all and every member in boarding, clothing and other neces-

saries of life, in such proportion as the situation, time, circumstances

may require." And the members bound themselves to obey the orders

and regulations of the directors and their agents. The children of the

members, during their minority, were to be subject to the control of

the directors, but without the votes of a majority of the society, they

cannot bind apprentices out of the association.

The directors are required to take charge of inheritances of de-

ceased members as universal heirs, in the name of the society; to investi-

gate and settle disputes among the members, an appeal being allowed to

a board of arbitrators, which was to be elected and to consist of from

one to three persons. The arbitrators were bound to observe the economy

of the society, and give orders and instructions, to investigate accounts

and plans which may have been made by the directors and their agents.

All transactions, exceeding in amount fifty dollars, to be valid, required

the sanction of the board of arbitration. This board had also the power

to excommunicate arbitrary and refractory members, and to deprive

them of all future enjoyments of the society.

New members were to be admitted, being of full age, having been

approved of by the directors and board of arbitration, by a vote of two-

thirds of the society; and on condition that they should resign all their

property to the society, as had been done by the original members.

Directors and arbitrators were to be elected as often as shall be deemed

necessary by the society. "The highest power shall be and remain for-

ever in the hands and disposition of the society, who reserve the right

at pleasure to remove and to establish officers, or to place others in

their stead; in short, to make any alteration which may be deemed best."



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by the name of "The Society of Separatists of Zoar." This

conferred upon the Society the ordinary and usual powers of

a corporation, with perpetual succession, with power to hold

property, purchase and sell, pass by-laws, etc.8

On May 14, 1833, at a meeting of the members of the So-

ciety, called in pursuance of said act of incorporation, an or-

ganization was effected and a constitution adopted for the gov-

ernment of the Society, under which its affairs have ever since

been regulated. All the members under the articles who re-

mained in the Society at the adoption of the constitution, be-

came members of the Society in its corporate capacity.

According to the constitution9 of the Society adopted un-

der the articles of incorporation (1832), the members were di-

vided into two classes, the novitiates and the full associates.

The novitiates were obliged to serve at least one year before

admission to the second class and this applied to the children

of the members, if on becoming of age they wished to join the

Society. The full associates must be of legal age, the males

twenty-one and the females eighteen. The members of the

first or probationary class did not give up their property. A

child of a member or an incoming outsider, wishing to enter

the Society, was admitted to the first class if the officials of

the Society found no objection. Later on the candidate made

application for full membership. The trustees would formally

receive this request, inquire into the case as far as seemed

necessary, and if no cause to reject was presented, they there-

 

The cashier was bound to keep all the funds of the association, and to

apply all moneys which may come to his hands, by the orders of the

directors and arbitrators, to the benefit of the society-to pay its debts

and to liquidate its general wants."

And it is agreed that individual demands by backsliding members,

or such as have been excommunicated, whether such demands may be

for goods, or other effects, or for services rendered to the society, are

abolished and abrogated by the members themselves and their posterity.

These articles are declared to be confirmatory of those of 1819, and

extending to a more detailed explanation.

5 McLean Reports, 225.

8Vol. 30, Ohio Laws, page 92. (See p. 77 this article.)

9This constitution will be found in full on p. 79, etc.



The Separatist Society of Zoar

The Separatist Society of Zoar.                11

upon would, by posting his name in the public meeting room,

give thirty days' notice to the Society of the time and place at

which he was to sign the covenant.     At the appointed date he

would subscribe to the constitutionl0 and yield up to the So-

ciety any and all property he might then possess. It was not

required that he have any property, but he could not be ad-

mitted if he were in debt.

Strangers who came to Zoar for admission during the pro-

bationary year received food, clothing and lodging, but no pay-

ment. During the early years of the Society many friends and

relatives of the first comers emigrated from Germany and joined

the colony. Very few other foreigners became converts. Oc-

casionally an outsider would enter the community because of

marriage to a member. But outside accessions or conversions

were exceedingly few. No native American is known to have

entered the Society.1l According to the constitution of the So-

ciety, all officers were elected by the whole Society, the women

voting as well as the men-all elections being by ballot and a

majority vote. The government of the community vested

solely in a board of three trustees (or directors) to serve three

 

10The covenant the elected subscribed to was as follows: "We,

the subscribers, members of the Society of Separatists of the second

class, declare hereby that we give all our property, of every kind, not

only what we already possess, but what we may hereafter come into

possession of by inheritance, gift, or otherwise, real and personal, and

all rights, titles, and expectations whatever, both for ourselves and our

heirs, to the said society forever, to be and remain, not only during

our lives, but after our deaths, the exclusive property of the society.

Also we promise and bind ourselves to obey all the commands and

orders of the trustees and their subordinates, with the utmost zeal and

diligence, without opposition or grumbling; and to devote all our

strength, good-will, diligence, and skill, during our whole lives, to

the common service of the society and for the satisfaction of its trustees.

Also we consign in a similar manner our children, so long as they are

minors, to the charge of the trustees, giving these the same rights and

powers over them as though they had been formally indentured to them

under the laws of the state."

11An old member stated that a "Yankee," by which he meant a

New Englander, lived with the colony several years, but never became

a legal member.



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years each, one to be elected annually.12 These trustees had un-

limited power over the custody and management of the prop-

erty, and all the temporalities of the Society, but were bound

to provide clothing, board and dwelling for each member, "with-

out respect to person"; and to use all means confided to their

charge for the best interests of the Society. They had the man-

agement of all the industries and affairs of the Society. They

designated to each member his especial work. But in this they

consulted the inclination and peculiar abilities of the member,

endeavoring to fit each man into the place for which he was

best adapted. The trustees appointed the subordinates and su-

perintendents of the different industries and departments of

labor. This board of trustees, which might be called the ad-

ministration committee, was accustomed to hold monthly meet-

ings in which foreign and home affairs were considered and trans-

acted. Beside this ruling board of trustees there was a stand-

ing committee or council of five, one member being elected each

year. This standing committee or council was the supreme ju-

diciary or board of arbitration of the Society. It was the

high court of appeals in cases of disagreement, dissension

and complaint. This council had power to excommunicate

arbitrary and refractory members, and to cross out their sig-

natures and deprive them of all participation in the affairs of

the Society. It was agreed that all disputes should be settled

by arbitration alone and within the Society. The trustees en-

deavored to act at all times in harmony with this council. The

Society elected once in four years a cashier or treasurer,13 whose

duties were those of secretary and treasurer. He had sole and

exclusive control of all the moneys of the Society, the trus-

tees being obliged to hand over to his custody all they received.

He kept the books and had immediate oversight over the bus-

iness transactions of the Society. There was also an elected

officer known as the Agent General,14 who acted as the trader

to buy and sell for the Society in its dealings with the outside

world, make and conduct contracts, etc. The office of Agent

12 See Constitution, Article II.

13 Article V of the Constitution.

Article III of the Constitution.



The Separatist Society of Zoar

The Separatist Society of Zoar.          13

 

General was, when created, regarded as the position of honor

and influence in the Society, and to it Joseph Bimeler was

elected. It was the one office he held and he continued in it to

his death, after which the office always remained vacant. The

duties of this office were subsequently performed by the cashier

or one of the trustees. The time and place of an election by

the Society were made public twenty days beforehand by the

trustees and five members were chosen at each election to be

managers and judges. The office of president was unknown.

The constitution was read in a public and general meeting of

the members of the Society, at least once every year, at which

time the villagers met and discussed and acted upon their af-

fairs much as was the custom in the New England town meet-

ings. So far as Zoar had any political form of procedure, it

was a pure democracy.

 

THE RELIGION OF THE ZOARITES.

We have already alluded at some length to the religious

origin in Wurttemburg of the Separatists as a sect. We can

not properly study the Zoar community without a thorough

understanding of their religious faith and practices.

The "Principles of the Separatists," which were set forth

in the works of Joseph Bimeler, were evidently framed in Ger-

many. They consisted of twelve articles, as follows:

"I. We believe and confess the Trinity of God; Father,

Son and Holy Ghost.

"II. The fall of Adam, and of all mankind, with the loss

thereby of the likeness of God in them.

"III. The return through Christ to God, our proper

Father.

"IV. The Holy Scriptures as the measure and guide of

our lives, and the touchstone of truth and falsehood. All our

other principles arise out of these, and rule our conduct in the

religious, spiritual, and natural life.

"V. All ceremonies are banished from among us, and we

declare them useless and injurious, and this is the chief cause of

our Separation.



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"VI. We render to no mortal, honors due to God, as to

uncover the head, or to bend the knee. Also we address every

one as 'thou'-du.

"VII. We separate ourselves from all ecclesiastical con-

nections and constitutions, because true Christian life requires

no sectarianism, while set forms and ceremonies cause sectarian

divisions.

"VIII. Our marriages are contracted by mutual consent,

and before witnesses. They are then notified to the political

authority; and we reject all intervention of priests or preachers.

"IX. All intercourse of the sexes, except what is necessary

to the perpetuation of the species, we hold to be sinful and

contrary to the order and command of God. Complete virginity

or entire cessation of sexual commerce is more commendable

than marriage.

"X. We can not send our children into the schools of

Babylon (meaning the clerical schools of Germany), where other

principles contrary to these are taught.

"XI. We can not serve the state as soldiers, because a

Christian can not murder his enemy, much less his friend.

"XII. We regard the political government as absolutely

necessary to maintain order, and to protect the good and hon-

est and punish the wrong-doers; and no one can prove us

to be untrue to the constituted authorities."

Joseph Bimeler was not only their leader and guide to this

country, but he was their priest and prophet, if such they had.

Bimeler was their spiritual leader and preacher, not by any

formal authority, but merely universal acquiescence. The

standard, and indeed the only theological literature of the Zoar-

ites, consists of the works, or rather printed discourses, of Bi-

meler.15 They are in three large octave volumes, the first four

parts having the common title:

 

15 On the subject of the faith of the Zoarites I have made free use

of a little German Pamphlet, by Karl Knortz: "Aus der Mappe eines

Deutsch-Amerikaners." Bamburg, 1893. Herr Knortz carefully examined

the works of Bimeler and in his pamphlet gives a summary of many

of Bimeler's views.



The Separatist Society of Zoar

The Separatist Society of Zoar.         15

 

 

 

THE TRUE SEPARATION

 

OR

THE SECOND BIRTH.

 

SET FORTH IN

BRILLIANT AND EDIFYING CONVENTION SPEECHES

 

AND

MEDITATIONS.

 

PERTAINING ESPECIALLY TO THE PRESENT TIME.

 

HELD IN THE COMMUNITY OF ZOAR IN 1830.

 

PRINTED IN ZOAR, 0., 1856-1860.

 

These ponderous volumes of theological thought and re-

ligious reflection are in German and have never been trans-

lated. The original copies are rare; very few Zoar families

possess a copy. The last two parts bear the title:

 

SOMETHING FOR THE HEART

 

OR

SPIRITUAL CRUMBS

 

FROM THE TABLE OF THE LORD.

 

GATHERED

BY A DEVOUT SOUL

 

AND COMMUNICATED WITH THE INTENTION OF A BLESSED ONE.

 

CONSISTING

 

OF A COLLECTION OF EXCERPTS OF MANY FORCEFUL

SPEECHES AND OBSERVATIONS;

 

PARTICULARLY DIRECTED TOWARD THE INNER LIFE

 

PUBLICLY HELD AND READ BY A FRIEND,

OF GOD IN TRUTH IN ZOAR.

 

ESPECIALLY ADAPTED TO THE PRESENT TIME.

 

PRINTED IN ZOAR, 0., 1860-1861.



16 Ohio Arch

16        Ohio Arch. and His. Society Publications.

Besides the history of Bimeler's separation, these works

contain speeches, which the Zoarite teacher made before

his people, in a language which was clear and easily un-

derstood, although not always correct. According to the tes-

timony of the publisher, they are to be considered as direct man-

ifestations of the Holy Ghost, as Bimeler never studied or com-

mitted his utterances. In his opinion, the separation of the peo-

ple, who had inwardly renounced the world and received Christ

into themselves, from the false Christians, was a necessary pos-

tulate in the interest of the salvation of the former. In the same

manner, it was necessary to declare war on the official clergy,

who were called "lazy and useless servants," and of whom it

was said, that by their empty, ceremonious trifles they de-

luded the people and kept them from entering upon the road

of truth.

From these speeches, a truth-loving, believing Christian,

as well as a true and honest character speaks to us and all

living Separatists, who had listened to the sermons of Bimeler,

have unanimously declared that he lived up to his teachings.

In his speeches, which abound in hints for the practical life,

we now and then meet with declarations which would greatly

honor a modern progressive theologian. Thus, for instance,

he says that the religious needs of mankind are not the same

at all times and that, therefore, divine revelation progresses

and assumes a character adapted to existing conditions.  Bime-

ler preached from 1817 to 1853, that is, to the year of his

death. He did not write his speeches down, and the same would

probably never have been printed had it not been that a patient

and dutiful youth of Zoar had written them down from his

memory at the request of his deaf father, who did not attend

the meetings. This work the son performed during the night, as

in day-time he had to follow his accustomed occupation. His

memoranda embrace the time from 1822 to 1832. In the last

mentioned year the reporter died, but happily there was another

young man who possessed the necessary clerical skill to save

Bimeler's meditations from oblivion. When the founder of Zoar

died (1853), there was not a man in the whole colony who

could fill his place as speaker. For a time they read to each



The Separatist Society of Zoar

The Separatist Society of Zoar.        17

Click on image to view full size

 

other from good books, but as is said in the preface to Bimeler's

Meditations, by the compiler, "It was not quite so agreeable."

So the Separatists resolved to have Bimeler's speeches

printed, that they might be read at their services. They also

believed it would be a great sin, if they did not put to the

best possible Christian use the good which had been entrusted

to them. They therefore purchased a hand-press; and as they

found no one in Zoar who knew how to use it, they engaged

a practical compositor and a printer, who were charged with su-

perintending the printing of the work. The second publica-

tion which was issued from the hand-press of the Separatists

at Zoar, is a collection of poems or hymns by Terstegen, the

mystic poet of the Reformed Church (1687-1769). Terstegen's

collection was used by the Zoarites in their church services. The

works of Bimeler and Terstegen were the only productions of

the Zoar press. The printing outfit was subsequently sold and

removed from the village.

The Zoarites firmly continued in their view, that ever-

lasting happiness could not be attained by outward ceremony,

which rather led people astray. Therefore, the Wurttemburg

school teacher, Bimeler, made it his purpose to bring light to the

true teachings of Christ and to proclaim them courageously to his

followers. As the preface of Bimeler's sermons says: "Chris-

tianity must be a thing of the heart. Man must divert himself

of his bad qualities and of his passion, and deny his own vi-

cious will and subordinate it to God in order that the old Adam

die in him and Christ may arise anew."

The Separatists were fond of designating themselves as those

who have found the way that leads to eternal life.

The sermons of Bimeler profess to proclaim true Christi-

anity and their author was considered the mouthpiece of the

Holy Ghost. Therefore, it is the latter that speaks in these

books and not the founder of Zoar, who is nowhere men-

tioned. Bimeler used to say, before he commenced his "meet-

ing speech": "When I come here, I generally come empty, with-

out knowing whereof I am going to speak. I first get an in-

spiration what and of what I am going to speak, but as soon

Vol. VIII-2



18 Ohio Arch

18        Ohio Arch. and His. Society Publications.

 

as I commence to speak an infinite field of ideas opens before

me, so I can choose where and what I like and what seems to

me the most necessary."

In these speeches Bimeler showed how man, after he

leaves the state of innocence, starts on the road of nature

which leads him to eternal damnation. But, if like the lost son,

he turns at the right time and cleanses his heart by penitence,

he is again taken into the community of God.

Bimeler is very severe in his treatment of the official

preachers, "who enter the pulpit only for the wages and for

the comfort of life it affords, and who promote the hypocriti-

cal worship and ceremonies, and he reproves them for with-

holding intentionally from their flocks the true Gospel." He

boldly stated the clergy were the pensioners of the state. That

they did not get their knowledge from God, but had learned

it like a trade in the schools. They explained the letter of the

text, but felt not its spirit.  They preached for compensation

and were given to arrogance and hypocrisy.

Bimeler's speeches contain lessons on morality, temperance,

cleanliness, health, housekeeping, etc. As Bimeler possessed

a certain amount of medical knowledge, some of his discourses

even describe "the inner parts of the human body," in order to

show what influence the immoderate use of food and drink may

have on them.    Bimeler is very liberal towards worldly

science and does full justice to its progress.  Besides, it

is everywhere noticeable that he, unlike most of his col-

leagues, was an educated, well read and, in many respects, an

unprejudiced man. He possessed not only great talent, but

a vast fund of knowledge.

For the traditional Christian holidays, he did not have much

respect, as he thought one day as sacred as another. Sunday

he did not even consider a day of rest, because, as he remarked,

the crops sown on that day did just as well as those sown on

any other day. If nature makes no distinction in this respect,

it was not necessary for man to do so. Time should always

be used to the best advantage.   The Zoarites worked on

Sunday when occasion required, but in late years generally

observed the day as one of rest. In spring one should sow, and



The Separatist Society of Zoar

The Separatist Society of Zoar.         19

in summer assist the crops so that the weeds would not out-

grow them. In fall, the crops should be gathered, and winter

should be used to prepare for the spring work. The lessons

of the seasons Bimeler also applied to the spiritual life of man.

His parallels in this respect are distinguished from other sim-

ilar teachings by their wealth of original and practical thought.

His speeches, however, lack logical construction. "The most

heterogeneous subjects are often thrown together higgledy-pig-

gledy, which is especially annoying, because there is no connecting

thread. But this fault may be chargeable to the amanuensis who

certainly was not a stenographer."16

The Separatists of Bimeler's school, like most other Separa-

tists, were inclined to chiliasm.17 In course of time, however, they

came to the conclusion, that the kingdom of God would not come

outwardly, but inwardly, and even then slowly and by degrees.

A state of grace could only be gradually attained by sincere re-

pentance; just as a person could not exchange his sick body for a

sound body by legerdemain. A new heaven and a new earth can

be created only, if by the killing of the old Adam we ourselves

become new. If the latter is not done, a new heaven or earth are

of no use to us.

But Bimeler does not put all the blame on old Adam, for he

believes that all men have a desire to taste of the tree of knowl-

edge. Adam consequently acted simply according to human na-

ture. He was just like men nowadays and had his bad and good

qualities, the same as they are found in all other products of na-

ture, such as plants, animals and minerals.

Nor does Bimeler think much of foreign missionary work,

because, he thinks, it is much more important for a true Christian

to do this missionary work at home. The professional mission-

aries only make nominal Christians and hypocrites, who may be

able to recite the confession of faith, but otherwise know as little

of Christ's plan of salvation, as they do of the man in the moon.

In regard to marriage, which is always a vexed question in

 

16 Karl Knortz.

17 The doctrine that Christ will reign on earth a thousand years

visibly and personally before the end of the world.



20 Ohio Arch

20        Ohio Arch. and His. Society Publications.

 

the confession of faith of the separatists, Bimeler does not always

express himself as clearly and distinctly as he really intends. But

this much is sure, he did not consider the married state absolutely

sinful, as he himself was married and the father of several chil-

dren. He said he knew, that many believed him opposed to mar-

riage, but added, that if it enhanced the happiness of people, he

had nothing against it. Moreover, such happiness was only tem-

porary and ended with death. But he wished that the endeavor

of men was principally directed towards acquisition of eternal hap-

piness. A chaste life is therefore preferable, because through

marriage sin with all its sad consequences is perpetuated. The

married state could only in very rare cases be called sacred.18

Many of the members of the original company were opposed

to the institution of marriage and decided to make celibacy ob-

ligatory in the society as had Rapp with the Harmonists. Bimeler

himself at first supported this view and taught that God did not

look with pleasure on marriage, but that He only tolerated it;

that in the future world there would be no marrying or giving in

marriage; that "husband and wife and children would not know

each other" in heaven as there was no distinction of sex there.

For the first ten years of the society therefore Bimeler opposed

marriage and it was prohibited until about 1828 or 1830, when

Bimeler was smitten with the charms of one of the comely mai-

dens who was an inmate of his household and whose duty it was

to wait upon the spiritual and temporal head of the Society. They

were married and this wedding and example of the leader led to

the abrogation of the anti-marriage rule and the previous celibate

practice of the Society. The benedict Bimeler, consistent with his

new and happy state, then freely advocated marriage as shown by

his discourses.

With regard to education, Bimeler says many things that de-

serve notice. As a good example is much more efficacious than

words, he exhorts parents to lead an exemplary life, whereby they

can influence their children better than by the everlasting admoni-

tion to pray and to attend prayer meetings, which fills them only

with abhorence for the Word of God. Prayers at stated hours

18 Karl Knortz.



The Separatist Society of Zoar

The Separatist Society of Zoar.           21

do not at all promote the fear of God, because, if one is not in the

right humor, they are easily regarded as a troublesome function.

Prayers must be short. Long prayers are an abomination. Bi-

meler himself did not pray, at least not outwardly, but inwardly,

"in spirit and in truth." All prayers must come from the heart,

free and unforced. Therefore prayer books are not only unneces-

sary but injurious to the true Christian, because they "promote

babbling with the mouth." Bimeler sincerely appreciated the

freedom, which obtained in American school and educational mat-

ters, and the fact that there was no attempt made to prejudice

the young mind against any social or religious tendencies. The

youth are permitted to attain their majority, when they may choose

for themselves. This is entirely in harmony with the divine in-

tention, according to which men are created free and which does

not favor any creed that may have been created, parrot-like, during

infancy. Bimeler was a decided admirer of the republican prin-

ciple of government and he demanded what was perfectly in har-

mony with it, the subordination of the individual will to that of

the whole, as otherwise in a community like Zoar peace and har-

mony might be easily disturbed.

As all strife of the world may be traced back to selfishness,

man must restrain love of self in the interest of all which, how-

ever, few will try and fewer still achieve. But it is said, "Love

God with all thy heart and thy neighbor as thyself," and the latter

is only possible through restraint of self-love, which, therefore, is

a divine commandment. It is easy to love God, it is harder to love

one's neighbor. But as men are one family the individual has no

right to refuse to love his neighbor. The Separatists therefore

took as their model the first Christian community of Jerusalem,

where all were one heart and one soul. There was no compulsion

there. But as soon as Christianity adopted compulsory means for

its preservation, it began to decay. In a communistic colony there

are neither poor nor rich. In the outer world there is wealth, and

poverty, of which Bimeler prefers the former, because in its proper

application it may conduce to much happiness, while the latter

often produces many sins and much misery.

Bimeler nowhere appears as a zealot or fanatic and with the

exception of the clergymen, whom he thoroughly hates, he con-



22 Ohio Arch

22        Ohio Arch. and His. Society Publications.

demns nobody, because we only see the acts of men, but not

their motives. Nor is he an admirer of blind superstition; and

wherever there is a chance, he praises the advance of science, be-

cause it improves the condition of everybody. Every new inven-

tion he hails with sincere joy. He always speaks like a loving

father to his beloved children. He never acted toward his people

in a tyrannical manner as Father Rapp (of the Harmonists); he

exhorted but did not punish, and if some one differed with him,

Bimeler did not for that reason expel him from the community.

Like Father Rapp, Bimeler had declared war on tobacco,

without, however, entirely prohibiting its use; as he never de-

manded servile obedience, which would suppress individual views.

Everybody should reflect for himself on all questions of life and

form his own independent opinion. Therefore he says:

"We must be glad, that God has led us out of our former

fatherland, which is kept so much under pressure and servitude.

We should rejoice and thank God with all our heart, that He has

freed us from that servitude, and brought us hither, where we can

serve our God without hindrance and molestation, according to

our conviction and conscience. You know, my friends, in Ger-

many they did not allow us to do so, and therefore we had no

other choice but leave the country and seek a livelihood somewhere

else. This was the reason why we came to America. It was not

selfishness, nor greed, nor avarice, nor desire for any easy life, that

caused us to emigrate. No, no such base motives led us to this

step. If either of these had been our motives, as is the case with

thousands of emigrants, we would not be so peaceful and satisfied

within ourselves, as we indeed are, because we know that our mo-

tives were, as above mentioned, a desire of a free practice of our

principles. And I do not believe, my friends, that we should have

attained our aim, if we had been guided by those ignoble in-

tentions."

The old piety which was cultivated by Bimeler and his orig-

inal followers had to give place in Zoar to ideas more adapted to

the present world. But in spite of all that, the Separatists of the

third generation until recently (as stated by Herr Knortz) still

sang the favorite verses of the old Separatists, one of which

verses was:



The Separatist Society of Zoar

The Separatist Society of Zoar.           23

 

Yearning is the soul in me

After peace,

That my troubles, stilled by Thee,

Soon may cease.

Lead me, Father, out of harm,

To the quiet Zoar farm,

If it be Thy will.

 

LEGAL STATUS OF THE SOCIETY.

Much speculation at various times was indulged in con-

cerning the legal status of this society; its character as an or-

ganization and the legal relationship of its members to the So-

ciety. In several instances the courts were called upon to con-

sider these questions. Members who were deprived of sup-

posed rights, or who had been expelled, at different periods

in the history of the society, resorted to the law for remedy.

Two of these cases became famous and important as legal pre-

cedents. In the April Term, 1851, a suit was brought by John

G. Gosele and others in the Seventh Circuit Court of the

United States.l9

John Gosele was one of the original Separatist emigrants

and continued as a member of the Zoar community until his

death in 1827. He was a subscriber to the association articles

of 1819 and 1824, but died before its incorporation. His heirs,

John G. Gosele and others, brought this suit for a partition of

the Zoar property and the restitution to them of their ances-

tor's distributive share. This raised the question of the nature

of the contract entered into by the members and also the char-

acter of the organization under our laws. Did the Society con-

stitute a joint tenancy or a perpetuity in property, both of which

our laws forbid? If such was the contract it should be de-

clared null and void. Or was the scheme some legal form of

a partnership, and if so, did the death or withdrawal of a mem-

ber destroy this partnership, and compel or permit the distri-

bution of the co-partnership property. And how did the laws

governing real estate descent apply to the lands of the com-

munity?

19John G. Goesele et al. vs. Joseph M. Bimeler et al., 5 McLean

Reports, 223.



24 Ohio Arch

24        Ohio Arch. and His. Society Publications.

"The rights of the plaintiffs in this suit rested upon the

contracts before the incorporation of 1832. They claimed: 1,

that there was no grantee (of the lands); 2, that if there were

a grantee, the grant would be void as a perpetuity. To this

the court, in its opinion, replied that the lands were purchased

by Bimeler for the Society, were paid for by it, and were held

in trust by him; the fee was in him and the members of the

Society were the cestui que trusts. It was admitted that an un-

incorporated community could not, in its aggregate capacity,

take lands in grant, nor could its directors and their succes-

sors in office take them, as the law, under the circumstances,

recognizes no succession. A valid grant to such a community

would only be made to the individuals composing it, or to an

individual and his heirs, in trust for its use. The articles of

association constituted a declaration of trust, which Bimeler,

the trustee, recognized as binding upon him. This declara-

tion did not require the formalities of a grant; it was in writ-

ing and the application of the trust being distinctly stated, it

was not affected by the statute of frauds and perjuries.  The

members of the Society agree with each other that their prop-

erty of every description should be held and used as a com-

mon fund for their general benefit and they appointed certain

agents to manage their concerns and provide for their sup-

port. It is true, they relinquished to the Society their entire

property, but it was done that, as a community, they might

enjoy the benefits of the whole. The aggression which they

established relieved the members generally from personal care,

but the sum of their enjoyment was not lessened. The want

of capacity in the Society, as deeds to take by grant, does not

invalidate this procedure. The agreement was that the equit-

able individual right to the trust should be relinquished for a

common right with the other members, to the entire property.

In effect, it was constituting a universal partnership, known

to the common law and which is not in violation of any of

its principles, the name of the Society was used as a designa-

tion of the whole body, the same as the assumed name of a

firm to designate its partners. Individuality of membership of

the property then possessed by the members of the association



The Separatist Society of Zoar

The Separatist Society of Zoar.         25

 

was abolished, and also future acquisitions for the common right

of an interest in the whole. This common right was limited

to the members of the association; consequently those who left

it, or were expelled, forfeited such right. * * * * By this

arrangement, the members of the association were placed on an

equality as to their interests in the property and their enjoy-

ment of it.  Their minutest wants were alike provided for,

through the agency established; and this was the consideration

on which the contract was founded. That, in the absence of

all fraud and unfairness, this was a bona fide and legal con-

tract, cannot be doubted. An important part of this contract

was that the property thus surrendered should belong only

to the members of the association; consequently the heirs of the

members could not claim an interest in the property as heirs,

but only as members. Against such a disposition of property,

I know of no principle of law or morals. Any individual has

the power to divest himself of his property, real and personal,

for a valuable consideration.

"Gosele and the other members, when they relinquished

their individual property for a common interest in the whole,

and appointed agents to manage the concern, expressly agreed

to receive as a consideration for their property and labor a

support for themselves and their families, including clothing

and  every  other provision  necessary for their comfort.

* * * * It was a partnership agreement among themselves,

and was binding upon each individual who entered into it.

"If there be no principle of law opposed to such a com-

munity of property, it must be held valid on the rules which

apply to partnerships. There was no moral considerations op-

posed to it. In adopting it, the Separatists Society followed

the example found in the early history of the Apostles, and

which received a lawful sanction of heaven.

"But it is said that this association contemplates an enjoy-

ment of the property in perpetuity; that those who shall be-

come members of it, through all time shall enjoy it, and that

this the law will not permit. * * * * It must be observed

that title (to the land) vested in the trustees from the date

of the deed; and the common use, in the society, as fully when



26 Ohio Arch

26        Ohio Arch. and His. Society Publications.

 

the articles were agreed to, as was contemplated at any future

period. It is true that the association could only be perpet-

uated by the admission of new members. But such admission is

not obligatory on the Society. An applicant to become a member

must first apply to the directors, who bring his case before

the board of arbitration, and pass their examination. If ad-

mitted, it must be on the condition that he shall relinquish

his individual property to the members of the association,

and with them enjoy a common benefit in the whole. This

is a matter of contract at the time, as it was at the formation

of the society. The perpetuity then, is not created by the first

contract, but depends upon subsequent contracts, which may

or may not be entered into. No right is derived or can be

claimed under the articles of association until the individual

shall have complied with the conditions of his admission. He

then becomes a partner in the association, and is subject to the

original articles, not from any instrinsic force in them, but

because he has adopted them by contract. Here is the origin

of his right, and of his obligation, and the question may well

be asked, is this a perpetuity? If it be a perpetuity, it is a

perpetuity that can extend beyond lives in being, only by vol-

untary contracts. * * * * This association, in principle,

does not differ from any other partnership, where the mem-

bers create the capital by giving up their property to the con-

cern, living upon their profits, applying their surplus to an in-

crease of capital, and receiving new members on the terms of

the original association. This, if carried out, may endure for

many generations, but it is not a perpetuity, which the law

prohibits. The enjoyment of the right, on condition of con-

tinued membership, has no necessary connection with a perpe-

tuity. If the condition be broken by a member, it depends

upon the individuals and the Society whether he shall be re-

stored or not. * * * * For the reasons stated, I think

the agreement entered into by the members giving up their in-

dividual interest in the property for a common interest in the

whole of it, so long as they shall remain members, is not void

in law."

The federal circuit court decided the case for the Society



The Separatist Society of Zoar

The Separatist Society of Zoar.           27

and against the contestants. They appealed the case to the

United States Supreme Court, when it was tried in the De-

cember term, 1852, Roger B. Taney being then Chief Justice.

The interests of the Society were defended by no less distin-

guished advocates than Henry M. Stanberry and Thomas Ew-

ing. Mr. Stanberry, in a very learned brief, argued that the

association was not a simple pure partnership, liable to the

incidents of such and subject to the operation of all the or-

dinary causes of dissolution-viz: that it might be dissolved by

the first death which happened among its members, and was

capable of dissolution and partition of its real estate, at any

time at the instance of any member. "The original agree-

ment provides," he said, "for a perfect community of property,

real and personal, and for a succession or survivorship among

members on the Tontine principle. It guards with great care

against the dissolution of the body. *  *  * This was not

a mere partnership, nor the members tenants in common. The

agreement for community of property, the mutual surrender

of all individual property into the common stock and the ex-

press stipulation against any reclamation in the case of with-

drawal, and for the preservation of the common property, for

the exclusive use and perpetual enjoyment of the members, in

succession, are inconsistent with the incidents of mere part-

nership or tenancy in common.

"But, is is said, there are legal difficulties which the agree-

ment of the parties cannot surmount. That upon the death of

a member, the Society was dissolved ex necessitate. This con-

sequence, though generally true as to partnerships, does not

follow where the agreement provides against it. It is not an

inevitable consequence. The doctrine of dissolution upon the

death of a partner, only obtains where the deceased partner has

a continuing interest in the property or profits of the associa-

tion. It is not just that the surviving partners should be obliged

to carry on the business, without his co-operation, for the bene-

fit of his estate.

"I have said this Society was not an ordinary partnership,

It very closely resembles that sort of partnership in the civil

law which is called universal. "Universal partnerships (des so-



28 Ohio Arch

28        Ohio Arch. and His. Society Publications.

cieties universelles) are contract by which the parties agree to

make a common stock of all property they respectively pos-

sess-they may extend it to all property, real or personal, or

restrict it to the personal only. They may, as in other part-

nerships, agree that the property itself shall be common stock,

or that the fruits only shall be such; but property which may

accrue to one of the parties, after entering into the partner-

ship, by donation, succession, or legacy, does not become com-

mon stock, and any stipulation to that effect, previous to the

obtaining of the property aforesaid, is void.'

"'An universal partnership of profits includes all the gains

that may be made, from whatever source, whether from prop-

erty or industry, with the restriction contained in the last ar-

ticle, and subject to all legal stipulations between the parties.'

*  *  * This association is a general partnership, with the

principle of survivorship ingrafted upon it.  In this particu-

lar it takes the character of a Tontine, which is a society with

the benefit of survivorship, the longest liver taking the com-

mon property in absolute ownership. *    *     *  I can see

no objection to this provision as to ownership. Certainly as

to personalty there can be no difficulty; but it is said, in so far

as the real property of the company is concerned, there can be

no joint tenancy, no right of survivorship, in Ohio; and that

upon a death of a member, his interest in the real estate passes

to his heirs at law, and that at any time the right to parti-

tion might be asserted. * * * * There is, then, no ob-

jection to survivorship by express limitation or agreement.

This being so, there has been no descent of any heirs of the

deceased members of the society, and there is no present right

of partition in any of the living members.

"Objection is also made to this association, that the prin-

ciple of community and succession of property among the mem-

bers, involves a perpetuity. There is nothing like a perpetuity

in it. The society has the perfect right of disposal over all its

property, real as well as personal, and this power of disposal

is wholly inconsistent with the idea of perpetuity, which only

exists where the property is so limited that no living agency

can unfetter it.



The Separatist Society of Zoar

The Separatist Society of Zoar.           29

"It is further urged that this Society is contrary to the

genius of our free institutions-that its constitution enforces

perpetual service and adherence to a particular faith, and that

it is aristocratic in its tendency.

"If there were anything in such objections, the constitu-

tion answers them all. So far from being at all aristocratic,

this Society is a pure democracy. All the officers are chosen

by ballot, every member, male and female, have an equal voice;

and the body of the Society reserves to itself the power of

removing officers and changing the form of government at

pleasure. All distinctions of rank or wealth are abolished, and

a perfect equality provided for. No single dogma in religion

or politics is announced, no unusual restraint on marriage, nor

subserviency to any doctrine out of the common way, exist;

and so far from any enforcement of perpetual service being

provided for, the right is reserved for every member to retire

from the society at pleasure, with the single condition that no

claim is to be set up for services or property contributed. The

powers which the Society confides to its officers are temporary,

and so distributed as to prevent any one member or officer

from engrossing too much power.

"Besides this liberal frame of government, the constitution,

by very full enactments, provides for the education of the chil-

dren, the comfort and support of all the members, and the

peaceable settlement of all controversies by domestic tribunals.

It is impossible to hold that such a constitution is contrary to

public policy, or in any sense illegal. To say that such a so-

ciety cannot exist under our form of government is a libel on

our free institutions.

"This is not a perpetuity in the common law sense of the term,

it does not tie up real estate, for it may be disposed of at any time.

Such a limitation of the real estate, or its proceeds, would be good,

by the laws of Ohio, for the lives in being; and each tenant for

life, by his own signature, if the full estate at any time vested in

him or them, could equally well transmit it to another life, and so

in succession, a majority being at all times able to terminate the

succession at pleasure."

Justice McLean delivered the opinion of the court in which



30 Ohio Arch

30        Ohio Arch. and His. Society Publications.

he said that "according to the plan of the Zoar articles that Gosele

renounced individual ownership of the property and an agreement

was made to labor for the community in common with others, for

their comfortable maintenance. All individual right of property

became merged in the general right of the association. He had

no individual right and could transmit none to his heirs. It is

strange that the complainants should ask a partition through their

ancestor, when by the terms of his contract, he could have no

divisible interest. They who now enjoy the property enjoy it

under his express contract. * * * * This was a benevolent

scheme and from its character might properly be denominated a

charity. But from the nature of the association and the objects

to be obtained, it is clear the individual members could have no

rights to the property except its use, under the restrictions im-

posed by the articles. The whole policy of the association was

founded on a principle which excluded individual ownership.

Such an ownership would defeat the great object in view, by nec-

essarily giving to the association a temporary character. If the

interests of its members could be transferred, or pass by descent,

the maintenance of the community would be impossible. In the

natural course of things the ownership of the property in a few

years, by transfer and descent, would pass out of the community

into the hands of strangers, and thereby defeat the object in view.

By disclaiming all individual ownership of the property acquired

by their labor, for the benefits secured by the articles, the members

give durability to the fund accumulated, and to the benevolent

purposes to which it is applied. No legal objection is perceived

to such a partnership. If members separate themselves from the

Society their interest in the property ceases, and new members

that may be admitted, under the articles, enjoy the advantages

common to all."

A subsequent suit20 was begun in the common pleas court of

Tuscarawas county, carried through the circuit court and finally

decided in the Ohio supreme court in the December term, 1862.

That case was brought by John Gasely and his wife Anna Maria

Gasely. Anna Maria, with her father, was one of the emigrants

20 Gaselys et al. vs. Separatists' Society of Zoar et al., 13 Ohio

State, 144.



The Separatist Society of Zoar

The Separatist Society of Zoar.           31

 

of 1817, John Gasely was also a member. They were married in

1830 and signed the articles in 1833. In 1845 John Gasely was

expelled from the Society, "for just and sufficient cause," it is

claimed, and his wife, Anna Maria, "was compelled to leave also

or abandon him and their children, which she was unwilling to

do." The petition of the Gasely's was for their distributive share

of the Zoar property. In this case also the Supreme Court of

Ohio sustained the contract upon which the community was

based.

PRACTICAL WORKINGS OF THE SOCIETY.

The location of the settlement of Zoar was well chosen on the

cast bank of the Tuscarawas river, in the northern part of the

county (Tuscarawas) where the stream flows through a valley

fertile in soil and rich in scenery. The Ohio and Erie canal21

passes near by and the town is a station on the Wheeling & Lake

Erie Railroad. Alighting from the train one seems to have left

the modern American civilization and to have suddenly dropped

into a little German village that dates its origin to a century or

more ago. One of the county highways passes through it and

forms its principal thoroughfare called Main street, and the only

one having a name - and running almost due north and south.

The village consists of not more than seventy-five buildings - of

various shapes and sizes - and scattered irregularly upon eight

or nine streets, two of which on either side are parallel to Main,

the other four crossing these at right angles and extending east

and west. Excepting Main, the streets are narrow and unim-

proved, there being no curbs or gutters, and on the side streets no

distinctive walks unless created by packed ashes or gravel, making

a footway slightly raised above the level of the road. There was

no system of sewage or drainage - though water was brought

into the village by piping from a spring on the hill north of the

urban limits; water was thus conveyed to one or two public drink-

ing troughs, but it was generally not carried into the houses.

Zoar seemed to studiously avoid modern conveniences. Particu-

larly did it shun light; at some of the street corners a wooden

 

21 The Ohio and Erie Canal was built 1825-1833 and extends from

Portsmouth to Cleveland.



32 Ohio Arch

32        Ohio Arch. and His. Society Publications.

lamp post stood like a lonely and almost useless sentry, as the ap-

paratus for illumination was either wanting or impaired. But

there would seem to be little or no need of village lights as the

good people had rare occasion to "go out o' nights." The streets,

however, were cleanly; the village for the most part had a trim

and swept appearance, characteristic of the German habit. The

garbage of the dwellings was gathered each day in a wagon and

carried off. The home interiors were scrupulously scrubbed and

dusted. The total population did not exceed 300 including the

Zoarites proper and the employed help. The natives lived in some

forty dwellings - a fewer number than usually obtains in a settle-

ment of an equal number of inhabitants. Many of the domiciles

were double and accommodated two or possibly three families.

The other buildings were for public or common purposes, - fac-

tories, barns, store-houses, hotel, town hall, church, schoolhouse,

etc. The living houses were of various ages and styles - an-

tiquity prevailing. Some of the log cabins still stood in part-

if not entire - mementoes of the pioneer life of the Society. The

later frame structures were a story, a story and a half, in a few

instances, two stories high. There were a few old time red bricks

with heavy beam lintels. These homes though indicating the

strictest economy in construction and form were comfortable; the

rooms were usually large, square and low, the windows often

placed high up and small; the chimnies were often those of "ye

olden tyme." There were no cellars and no garrets. The floors

were mostly bare or partially and cheaply carpeted. The furni-

ture was simple, sparse, heavy and time-honored. Pictures and

ornaments were few and far between. A rigid plainness existed

throughout these humble homes, nor was there any variation de-

noting different degrees of comfort or means as one sees in every

other village. There was an undeviating sameness in the mode

of living.

The houses stood close to the street, upon which the steps

often projected, but in nearly every instance an extent of yard

surrounded the house on the sides and rear. These yards were

invariably utilized as vegetable and flower gardens. Each family

mainly raised its own vegetables though the more common ones

were supplied by the Society. Flowers in great profusion was



The Separatist Society of Zoar

The Separatist Society of Zoar.          33

Click on image to view full size

 

the one and almost the only Aesthetic feature of Zoar domesticity.

But the flowers were mostly the old fashioned sort. "Roses red

and Violets blue, and the sweetest flowers that in the forest grew."

In some cases the homely walls of the antique homes and the lat-

tice of the open porches which many had, were decorated with

climbing foliage and creeping flowers. Their devotion to flori-

culture was evidenced by public recognition, in the maintenance of

a flower garden or park situated in the center of the village, facing

on the main street and occupying a full square, an acre or more

of ground. In the midst of this space was an arbor uniquely de-

vised by spruce trees so planted and trimmed as to form a tree

cabin, in which were wooden seats -- offering a most suitable

trysting place for the Zoar Romeos and Juliets. From this bower,

so curiously combining art and nature there radiated, like spokes

from a hub a series of narrow walks flanked with beds of blossoms

and rows of small shrubbery. This garden was the special pride

and pleasure of the villagers and from time memorial has been

cared for by some member especially delegated as the gardener.

It has been the admiration of all visitors and the subject for many

an artist.

The other picturesque characteristic of the village were the

old, red, heavy, trough-shaped, tile roofs that covered many of

the buildings. At one time the manufacture of these tiles was an

industry of the Society, but long since the market for these obso-

lete goods ceased.

Near the garden, lofty stone steps ascending to the entrance,

was the conspicuous dwelling of the village - the former resi-

dence of the leader, Joseph Bimeler. This edifice, often desig-

nated by the visitors as "the palace," was a spacious basement and

two and a half story, cupola surmounted, red brick mansion; a

two story, colonial columned portico extended the full width of

the front. It was erected in 1835, a few years after the marriage of

the founder of the Society -  in those days a most costly and

pretentious establishment and certainly not only far beyond any-

thing in its locality, but quite equal to the best western manorial

homes of its age and generation. This semi-official residence was

given a somewhat villa like appearance by the ample grounds on

Vol. VIII--3



34 Ohio Arch

34        Ohio Arch. and His. Society Publications.

 

either side, in which flowers and small fruit flourished in great

profusion. The interior arrangement was in accord with the

striking exterior architecture. Here Bimeler lived until his death

in 1853. Bimeler taught equality of life and in his discourses

played the part of a "great commoner," but this comparatively

aristocratic abode - so far in excess of anything any of his asso-

ciates occupied- rather suggests the suspicion that the disciple of

democratic commonality was not averse, even at the expense of the

community, to enjoying some exclusive luxuries. At times, how-

ever, this conduced to criticism and even open charges, particularly

from those who withdrew or were driven from the Society. It

was claimed by the Gosele contestants that Bimeler was making a

good thing out of his prominent position and that the Agent-Gen-

eral traveled about in "a gay and brilliant equipage that flashed

and spun," consisting of a fine carriage and span of speeders.

This imputation was not sustained and it was proven in the trial

that the carriage was a very ordinary one, "worth only about three

hundred dollars," that one of the horses cost about twenty dollars

and the other thirty or forty dollars. It was unmistakeable how-

ever that Bimeler did ride about with his wife - while his equals

footed it. But it is also true in extenuation of this privilege-un-

enjoyed by other Zoarites-that he was permanently lamed by a

broken leg, his carriage conveyance being necessary. But beyond

doubt Bimeler seasoned his plain thinking and simple teaching

with no slight flavor of high living, but that seems to have been

willingly and cheerfully allowed by his contemporary people. Un-

disputed tradition and the universal testimony of the aged mem-

bers, still living, who remember Bimeler, deprecate any aspersion

upon the character, morality, honesty or sincerity of precept or

practice of their founder and acknowledged superior. With just

cause they all respect and honor his memory as an able, just and

true man - devoted to the welfare of his fellow-members. This

official residence for the past few years has been used in part as

living quarters for some of the families and in part as the store-

house or repository for the goods to be distributed to the members,

groceries, clothing and living necessities. To this building on

(two) designated days of the week the villagers would go to

procure their supplies - each family being allowed ample quantity



The Separatist Society of Zoar

The Separatist Society of Zoar.          35

 

of the articles supplied, both food and such things as were fur-

nished for the housekeeping. No account or reckoning of this

distribution was kept by the society - or its officers - with any

individual member. This at first always surprises the thoughtful

visitor and appears to be a gross laxity of business procedure, but

there was no need of "bookkeeping;" there could be no charge

against, or credit to a member and hence no balance to be struck.

What was the property of one was the property of all. The trus-

tees allotted the proper portion to each individual or family. Each

person was permitted two suits of clothes a year. The material

would be submitted in a limited variety and quality; each would

select the cloth and the tailors made the men's suits and the seam-

stresses the women's dresses. Often the women made their

own dresses and knit their own stockings and those for the men.

In former years the attire of the Zoarites was nearly uniform,

being very simple and eccentric in style, somewhat after the

fashion of the Quakers. But now-a-days their apparel is much

the same as one might see in any American village. They are

neat in appearance and their clothes are kept in better order

and repair than is usually the case. The women wore the homely

sun bonnet. Luxuries, such as jewelry and ornamental articles

of dress were, of course, unsupplied and unworn. Each man

was however entitled to a plain, silver watch and watch and

clock repairing was one of the assigned occupations.

Until recent years the material for their clothing was almost

entirely made by the Society. They raised their own flax and

wool and in their mills wove both woolen and linen cloths; this

was done to the extent of selling these goods in large quantities to

outsiders. These factories were both closed at the date of my visit.

For some time they had ceased to export their fabrics, but on the

contrary had purchased the material, at least in part, for their own

clothing.  The Society could buy cloth cheaper than it could

make it. Indeed this was true of nearly all their industries which

formerly were numerous and flourishing and not only produced

all necessary commodities for their comfortable existence, but also

afforded large and profitable commerce with the outside world.

Their location upon the Tuscarawas river gave them a valuable

and unfailing water power and they had two large flour mills, a



36 Ohio Arch

36        Ohio Arch. and His. Society Publications.

 

saw mill, planing mill, machine shop, tannery, dye house, stove

foundry, cooper shop, woolen mill, brewery, slaughter house,

blacksmith shop, tile works, pottery, etc. In all these concerns

when in successful operation the best of goods were produced

both as to quality of material and honesty of manufacture, and

their goods were eagerly sought by foreign customers. But dur-

ing the present generation these enterprises have declined and

ceased to be profitable - the age of invention and improvement in

machinery, the multiplicity of outside manufactures and the fierce

contest of competition had undermined and crushed many of their

manufacturing interests. The Zoarites are not a progressive peo-

ple; they do not keep pace in their business methods with the

times- the changes in appliance and the modes of conducting

commercial affairs became too rapid for their adoption, and from

being producers they have become consumers, relying mostly

upon the outer world to supply their needs.

Up to a few years ago they obtained the hides from their cat-

tle and made their leather for their shoes; that was long since

abandoned, as they could buy leather for less than the cost of

making; and their chief shoemaker informed them that they were

foolish to continue making their shoes, as they could obtain them

ready made better and cheaper. But he added, "We have not

the money to buy all them things, so we keep on making our

clothes and shoes." Formerly it was the rule that the mem-

bers get an order from the trustees on the shoemaker for their

shoes. Latterly this has not been required. One needing "foot

gear" simply resorted to the shoe shop, had his measure taken

and patiently bided the time of the leisurely cobbler. For many

years in the past the Zoar shoe shop did a thriving business

with the outside countrymen. But now the shrewd farmers

buy the machine made article, elsewhere, for less money.

The stove foundry long ago closed up-the stoves cast

were grotesquely large and cumbersome. When the sale for

the original pattern ceased they attempted to make no others.

The stoves outside might grow light and graceful and econo-

mical in the consumption of fuel, but the Zoar heaters remained

large, heavy and homely as ever.

The machine shop, planing and saw mill were all in op-



The Separatist Society of Zoar

The Separatist Society of Zoar.         37

eration, as was the larger flouring mill, the latter under the

management of Peter Bimeler, a direct descendant in the third

generation from the noted Joseph. This mill is most pic-

turesquely located just south of the village on the main road

from Canal Dover. It is not far from the river and the mill

race runs through a cluster of noble and venerable forest trees,

while across the roadway and upon the slope of the hill are the

home and grounds of the miller, just named. His house is

famous for containing a pipe organ, made entirely by Mr. Peter

Bimeler.  The wind department of the instrument is ingen-

iously run by a cable extending to the mill and propelled

by the same power that drives the grist wheels.  Mr. Bimeler

is not only a genius in invention and mechanical construction,

but also he is one in music. Without ever having had any

instruction from professional or amateur teachers, he plays read-

ily and most skillfully the most classical and the most popular

music. It has been remarked that music seems to be the only

direction in which the Zoarites display any talent, but that,

it may be said, is common to the German people. There were,

however, no educated musicians in Zoar. Worldly music was

prohibited by the more fervid in religion. They used a hymn

book, but sang sparingly in their church services. They had

for some time maintained an orchestra, which, I was told, did

most creditable work. It was led by Mr. Louis Zimmerman,

the energetic secretary of the Society, and an accomplished

musician. Mr. Zimmerman seemed to be the promoter and

leader of whatever social life Zoar could boast. The Zoar

brass band   was an   institution  of some  years' stand-

ing.  I did not see a piano nor an organ in any of

the houses, save that described above and the one in their

church. I was much entertained one morning by watching

a band of four or five Italian musicians, tambourine and banjo

girls, led by the inevitable organ grinder, as they strolled and

played through the village. The children flocked to hear the

music, much as children do anywhere, but there were no demon-

strations of joy or glee, and greatly to the disgust of the play-

ers, who evidently did not understand the peculiar character of

their audience; there were no pennies thrown; "not one cent for



38 Ohio Arch

38       Ohio Arch. and His. Society Publications.

 

tribute"-it was not a cash community-strange anomaly,

money did not circulate in that civilization. Music, neverthe-

less, timid and primitive as it seemed to be, constituted appar-

ently the only form of recreation in which Zoar ever indulged.

The hum-drum of Zoar life was relieved during the sum-

mer months by the visitors who frequented the place. Zoar

is a favorite destination for excursion parties and these are

accommodated in a large and attractive grove called the Park,

just west of the village and overlooking the valley and river

of Tuscarawas. This custom of permitting and even encourag-

ing visitors is an innovation of late years and one not calculated

to advance the welfare of the community, which is thus brought

in contact with the outside life and a phase of it not always the

most desirable.  The Zoar people in their life were almost de-

void of amusements. Their religion prohibited dancing; they had

no social nor literary nor even musical entertainments. Such

a thing as a lecture or concert or public entertainment of any

kind seemed to be, nay was, entirely foreign to Zoar. Nor

so far as I could learn had they any diversions in the home

circle. Nor did they seem to miss the pastimes of modern

society. Perhaps their life, free from care, worry and hurry,

and excessive physical labor and mental exertion required little

or no relaxation. Their temperament, moreover, was sedate

and stolid.  They showed less sense of humor than the Ger-

man generally manifests. Though on the other hand they were

uniformly affable and good natured, perhaps more so than the

average German. Occasionally a gleam of facetiousness would

break through their earnest conversation. One would imagine

that their isolated and fraternal form of life would intensify

sociability; probably it did; they knew each other as one fam-

ily and owing to their close and continued contact many fam-

ilies were intermarried. Marital relationship and proximity of

residence is not always promotive of friendliness, but the Zoar-

ites constituted to an exceptional degree a happy family.

My first visit was made in the summer of 1898, after their

determination to divide the property and dissolve the Society,

but some months before either of those purposes were accom-

plished. Preparations were in process for the distribution, such



The Separatist Society of Zoar

The Separatist Society of Zoar.         39

as the surveying and appraising of the land. The old regime

of the society was still in full force, but they were inclined just

then to be some somewhat suspicious of visitors from fear of

interference with their affairs or the acquiring by outsiders of

information which they did not wish imparted to the public.

It was in the afternoon that I arrived at the Zoar hotel, an

overwhelmingly large hostelry for so small a town. The old

hotel, erected half a century ago, stands on the main street,

and extending east on the corner for fully a hundred and fifty

feet, has had added to its front a modern structure three stories

in height and containing some fifty commodious rooms. A wide

veranda surrounds the new addition on the west front and south

side. This new wing was added some five or six years since to

accommodate the large number of summer boarders who frequent

Zoar to spend a longer or shorter time enjoying the beauti-

ful scenery, the rural drives of the surrounding country and

the quaint and quiet life of the village. The old landlord greeted

me respectfully, but hardly with that personal zeal and financial

interest usually displayed by the professional hosts in their

new guests. From majority he had been allotted to "run the

hotel." He was moreover a trustee of the society and a man

of unusual general intelligence and special knowledge of the

affairs of the Zoarites. The hotel corps, cooks, waiters, etc.,

were assigned to their duties as their respective portions in the

labor of the Society. The cuisine was countrified but credit-

able-not quite the usual hotel variety, but all wholesome, well

cooked and all the articles of diet were the "real thing," as

they were genuine home productions and could be trusted

without the test of the state "pure food" inspection. There

was a "bar"-the only one in Zoar-in the corner room of the

hotel, where beer and wines were served; the latter mostly of

the village vintage. The beer drank in this region had here-

tofore been solely that of Zoar brewing, noted for its purity

and excellency. The brewery had recently shut down and an

importation was now all that could be had.  It could be bought

cheaper than made.   The Zoarites drank beer freely. This

beverage, fresh from the brewery, when in operation, was sup-

plied to each family in generous quantities each day, precisely



40 Ohio Arch

40        Ohio Arch. and His. Society Publications.

 

as was milk and cider. But they were a sober people; rarely

did a case of intoxication occur. The income to the hotel from

whatever source, bar, board or livery, went, of course, to the

society fund, as did all revenues received from any source; none

went to the landlord or any of the hotel force.

Across the street, opposite the hotel, was the only store of

the place; a general country store, where dry goods, grocer-

ies, hardware, etc., were provided for the outside country cus-

tomers, the neighboring farmers. This merchandizing estab-

lishment was conducted in the interests of the Society and did

a large and profitable business. Mr. Louis Zimmermann, the

secretary and treasurer of the Society, was the manager of this,

as he was of all the negotiations between the Society and out-

side parties. In this store room was the postoffice of the vil-

lage. This store and the hotel opposite formed the center of

the village life and here the male members who were so in-

clined spent their lounging hours, smoking, chatting and dis-

cussing the affairs of their community. Their conversation

was mostly in German, not a very pure form, but rather a peas-

ant dialect. Nearly all could speak English. They were not

an educated people, though all adults could read and write in

German. They were not a reading class. Literature of any

description was conspicuously absent in this community. There

was no library in the place; books were a rarity in the homes.

Some of the Zoarites were subscribers to a weekly (generally

German) paper, but that was an exception. In former years the

admission of outside literature was discouraged, if not forbid-

den as tending to weaken their religious faith and make inroads

into the principles and practices of their life. On the contrary,

they never attempted to propagate their doctrines among outsid-

ers.  They never sought converts.   No paper or periodi-

cal of any kind was ever printed or published by the So-

ciety. They took little or no interest in the concerns of the

outside world, unless it was in national politics. This lack of in-

terest was true of the older people but did not apply so much

to the younger generation. They were all loyal American citi-

zens. In the Rebellion, in spite of their peace principles, many

enlisted and fought for the preservation of the Union, and the



The Separatist Society of Zoar

The Separatist Society of Zoar.         41

Society had its quota of veterans. None, I was told, took part

in the late Spanish war.  They took an interest in national

events, particularly in the campaign of 1896, when as the elec-

tion returns showed, almost to a man they voted the Repub-

lican ticket. The money issue of that campaign must have seemed

rather extraneous to their personal inter-dealings. The ques-

tion may have had a bearing on the commercial relations of the

Society with outsiders, but among themselves they had no need

of nor use for money. Everything they permitted themselves

to have or enjoy was provided to the individual "without money

and without price." In this respect they, the older ones espe-

cially, were to be regarded as in the position of wards of an

estate. I wondered what they would do when given their prop-

erty and placed upon their own responsibility, exertion and

resources. There were, in a partisan sense, no local politics

in Zoar, though there was not an absence of municipal func-

tions. Once a year the members of the society met in the

Town Hall, situated in a small frame building erected for that

purpose, and in the little belfry of which hung the bell that

called the people to work in the morning and sounded the din-

ner and quitting hour. In this little hall the members would

gather, hear reports from their officers, consider their questions,

discuss their interests and hold their elections.

In 1884 (August 25) when the railroad came along and

established a station at Zoar and put the village in steam touch

with the world, the Zoarites incorporated22 their village and as-

sumed municipal form, with a mayor, town council, marshal,

etc. But in the election of these officials there was never any

division of any kind. No partisan contests disturbed the even

tenor of Zoar life. Their elections were monotonous and unani-

mous. The municipal officers were chosen from the leading

members of the Society and at the time of my visit Jacob Sturm,

one of the three trustees, was the Mayor as well. He was also

the railway station agent. His earnings belonged to the Society.

As the evening shades began to fall an interesting scene

was presented by "the lowing herd winding slowly" from the

22These Articles of Incorporation will be found in latter part of this

article.



42 Ohio Arch

42        Ohio Arch. and His. Society Publications.

 

pasture to the village barn. There were "ninety and nine" of

them, many with their clanging bells, driven, or rather accom-

panied, by one of the Zoarite patriarchs, who bore on his bent

shoulders the burden of more than three-score and ten years.

The sleek kine filed leisurely down the lane into either side of

the basement of an immense barn. The name of each cow was

posted in large letters over her stall and each found without

hesitation her own proper place. A dozen or more Zoar lasses,

with pails and stools, cheerily entered upon the task of milk-

ing, superintended by the stable "boss." The cattle and barn

were clean and tidy and this milking scene was a memorable one,

The milk was carried into a small dairy close by, placed in large

cans, and here dealt out to the village housewives or children

who came with their buckets to receive their portion. The

barn was a lofty concern, and in the upper story was kept hay

and feed for the cattle. There were two other extensive build-

ings or sets of buildings used in connection with the farming

department. On the eastern edge of the village were the stables

where were kept all the horses, some fifty or more in num-

ber, and in adjoining buildings the wagons, farm implements,

machines, etc. The horses were well fed and cared for, though

this stable establishment had a decidedly neglected and dilapi-

dated appearance.

On a hill still to the east of the village was an enormous "L"

shaped sheep shed with the red tile roof, which, owing to the

elevation on which the buildings stood, could be seen from

almost any direction for a long distance. At one time wool

raising was a very great feature in their industrial life, but the

flock of sheep now only numbered two or three hundred. In

the good old times it had often numbered more than a thou-

sand. Not far from the horse stable was the cider mill, which

was in full blast, producing an article of superior quality. When

in season this was daily carted about the village in a low-

wheeled, large-barrelled conveyance, precisely resembling a small

sprinkling wagon. It stopped at every door and the inmates

were supplied with a pail full or more, as was required.

Not far from the hotel was the laundry where the washing

was done for the community. Near by was a stunted, one-



The Separatist Society of Zoar

The Separatist Society of Zoar.          43

 

story, sullen, ominous, looking structure with small, iron-grated

windows and a heavy double plank door. It was the Zoar Bas-

tille; they called it the "calaboose." I inquired with much sur-

prise as to the necessity for this penal institution in so moral

and sober a community, and was informed with a smile on the

part of my respondent, that it was built solely for the benefit of

visitors to the village. It came with the incorporation of the

town and the town marshal. Zoar was, as before stated, a fa-

vorite field for the pleasure seeker and occasionally the excur-

sionist exhiliration reached a boisterous and even belligerent

stage, and incarceration was the only remedy. In the days

when the tramp was so numerously abroad in the land, Zoar

was his haven and delight, as the generous and sympathetic

Zoarite would "take him in," feed him and lodge him over

night in the lockup.  But my informant proudly stated the

Zoarites themselves never had any use for a prison. No com-

munity of like number and age ever had such a record for mor-

ality and good behavior. From the origin of the Society no

Zoarite, while a member of the Society, was ever charged with

a felony or crime. These remarkable statements were verified

by several of the oldest inhabitants; certainly the highest testi-

mony to the perfect character and spotless life of the Separ-

atists. It is doubtful whether any community in any time or

place can produce such a record.

At the northern outskirts of the village upon rising ground

that overlooked the whole settlement were the bakery, church and

schoolhouse. The bakery was an interesting relic of the old time,

primeval bake ovens. The family having in charge this important

feature of the Society's provision department, were assigned a

good sized corner dwelling, with a roomy, stone floored kitchen

into the rear of which was built a cavernous brick oven, the cook-

ing chamber of which was elevated about two feet from the level

of the kitchen floor. This oven was large enough for a man to

easily enter and crawl about when repairs were necessary. The

heating apartment was a similar brick chamber, not under but at

the side of the bake oven. Here most of the baking was done

for the village, though all of the families cooked more or less

for themselves. The schoolhouse and church were brick buildings



44 Ohio Arch

44        Ohio Arch. and His. Society Publications.

 

of many years standing. The schoolhouse was a two story struc-

ture with a spacious recitation room on each floor. This property

was dedicated by the Society to the Township school authorities.

The school was conducted in all respects like any village school,

under the state school laws. The township school trustees elected

the teacher and paid him from the public school fund. For fif-

teen or sixteen years the only teacher has been Mr. Levi Bimeler,

a great-grandson of Joseph Bimeler. He obligingly showed me

through the school building and I found him a gentleman of ability

and culture. He had been fitted for his profession by attending

the public schools at Strasburg (Tuscarawas county) and the

Normal Schools at Shanesville and New Philadelphia. These

outside educational advantages, improved by Mr. Bimeler, were

at the expense of the Society and so far as I could learn this

was the only instance in which a member had been sent away

or been permitted to leave temporarily for the purpose of being

educated.

He held his certificate from the county board as any public

school teacher. He was paid the salary of fifty dollars per month,

which of course under the rules of the community he turned into

the treasury of the Society. It was vacation when I visited the

building and I did not see the school in operation. Mr. Bimeler

informed me that there were ninety-five pupils enrolled and about

sixty-five in average attendance. This number embraced, how-

ever, many children not belonging to the Zoar society or village,

but residing in this school territory, children of outside neighbor-

ing farmers.

Might not this collateral education of the Zoar young and

the "worldly" youth have been a dangerous influence upon the

growth or retention of the principles of the Zoarites in their boys

and girls?

All the Zoarite children attended school from the ages of six

to fifteen with the girls, and to sixteen in case of the boys. The

pupils, their tutor testified were bright, attentive, studious and

obedient. The course covered the main studies of the primary and

grammar grades. There were a few studies that might be classed

as in the high school curriculum. The instruction was in Eng-

lish except on two days in the week, when they were taught Ger-



The Separatist Society of Zoar

The Separatist Society of Zoar.          45

man. Music was a favorite study and in that the pupils did well.

The children of the village with whom I talked seemed intelligent,

well behaved and obedient, and less forward and "pert" in man-

ner than the average American youth of similar age.

The village church if not orthodox in its faith was so in its

furniture with its old fashioned, straight back seats. The walls

and ceilings were uncolored and unadorned; the whole air of the

interior was cold and uninviting. A melodeon was on the plat-

form near the desk. On the open space back of the seats stood

one of the colossal Zoar stoves, with a capacity sufficient to absorb

the contents of a small coal mine at one divine service. But coal

in those parts was plenty as the lands of the Society were well sup-

plied with this mineral, though it was not of the best grade. Be-

fore the decline of interest in religious observances, the services

were three on the Sabbath; a Sunday school in the afternoon and

worship exercises in the morning and evening. There were no

prayers - only a song or two and the reading of one of

Bimeler's discourses.  This reading had lately been done

by the village gardener who acted as both florist and par-

son. Bimeler's homilies had been read and re-read till they

had become an old story and interest in them was sadly waning.

Much that they contained had become obsolete in the Zoar belief.

Attendance upon church was not obligatory and the audiences

were slowly dwindling in number and zeal. All services had been

abandoned at the time of my visit, and as one member remarked,

their religious sentiment was passing away, as a prelude to the

departure of their communism. The descendants of the pioneer

and pious Separatists clung no longer to the plain and simple faith

of their fathers. But while there seemed to be an abatement of

religious life in the Society there was no lessening in the standard

of their moral conduct. The church was not used for the cere-

monies usually celebrated in the sanctuary. The funerals and wed-

dings did not take place in the kirk. There was no religious ob-

servance in marriage. It was purely a civil contract, the legal part

being performed by a justice of the peace. In 1898, and for some

years previous, the secretary of the Society held the office of jus-

tice of the peace, and discharged all the duties of the same. They

did not permit members to marry outside of the society, and re-



46 Ohio Arch

46        Ohio Arch. and His. Society Publications.

 

quired all who made outside matrimonial alliances to leave the com-

munity. When marriage first began among them the plan was

adopted that the children should remain in the care of their parents

until three years of age, when they were housed in a common chil-

dren's home, the girls in one and the boys in another, where each

respectively were brought up under the direction of persons ap-

pointed for that purpose; nor did they ever again come under the

exclusive control of their parents. This custom prevailed until

1845, when it was discontinued and thereafter the children were

reared in the homes of and by their parents, subject to the juris-

diction of the trustees, to the extent that their authority invaded

the domestic life. It was the business of the Society, through the

trustees, to provide for the children all they required, until they

became of age and elected to become members of the Society.

The funerals were very simple affairs, there being no cere-

mony of any kind either at the house or at the burial. The

encased body, in an open wagon, followed by the villagers on

foot, was quietly conveyed to the grave at the usual hour of

1 P. M. The following Sunday evening a funeral sermon was

read in the church. The cemetery, situated on a hill north-

west of the village, was a veritable "God's acre;" densely shaded

by fir trees, the grounds almost without paths and profusely

overgrown with grass, wild flowers, creeping vines and weeds.

Until a few years ago, tombstones were proscribed. The graves

were not even designated. Bimeler requested that no monu-

ment mark his sepulchre, and none does. I could not find it,

though its location is well known to his people. It is now the

custom to have the graves marked by a wooden head-piece or

in some cases by a stone slab.

Such were the more noticeable external features, as pre-

sented to me during my few days' sojourn in Zoar. They were

a unique and in many respects remarkable people, leading a

peculiar and isolated life. Their daily needs and simple wants

were all readily supplied. Their lives were peaceful and easeful,

proof of the sad refrain of Anna Boleyn:

"'Tis better to be lowly born,

And range with humble livers content."



The Separatist Society of Zoar

The Separatist Society of Zoar.          47

The men looked well fed and ruddy and moved about with

a deliberation at times almost amounting to indifference. The

women were noticeably the busier and more active. In the

earlier period of the community they shared almost equally the

physical labors of the men. They cleared the forest and tilled

the field no less than their husbands and sons. After the So-

ciety reached its prosperous stage, the lot of the women was an

easier one. Their household cares were lighter than is usually

the case with housewives. But they did not appear as hale

and hearty as the men, perhaps, possibly, because they confined

themselves indoors more than is generally the habit with the

village dame. But they were happy and contented. Their do-

mestic life was serene and pleasant. This is evidenced by the

astounding fact that there had never been a divorce in the So-

ciety. At the time of my visit the wives, though consenting to

the coming change in the community, were more anxious than

their husbands as to the outcome.

To one from the hurly-burly of the business world the vil-

lage of Zoar seemed oppressed with an air of stillness, if not

even sluggishness. Hamlet could have walked the streets of

Zoar for a stage and have truly remarked:

"And enterprises of great pith and moment,

With this regard their currents turn away,

And lose the name of action."

What did the Zoarites themselves think of it? Did they

regard it as a success? Did they wish to change this life to

one of individual responsibility and result?

The patriarch, whose duty it was to drive the cows to pasture

at early morn and to the barn at dewy eve, did not wish to give up

the Zoarite scheme. Communism with him had been and still was

a success. This was the sentiment of many of the older members-

it was too late for them to launch out into the world on an untried

experience for themselves; many of them succumbed reluctantly

and apprehensively to the will of the great majority - in the de-

cision to disband. To them it was a life free from care, worry and

excessive work. They literally took no thought for the morrow.

They lay down in comfortable homes at night, in certain and sat-

isfactory knowledge that they would be equally well provided for



48 Ohio Arch

48        Ohio Arch. and His. Society Publications.

 

on the succeeding day. What boon in life greater or more desir-

able than that?

"From toil, his spirits light,

From busy day the peaceful night,

Rich, from the very want of wealth

In heaven's best treasures, peace and health."

The Zoar region was a remarkably healthy one; the pure and

wholesome food, their simple and regular habits, all united to pre-

vent disease and prolong life.

There was one doctor in the Society, the only one they had

known for a generation. His office was a room or two in one of

the less attractive buildings near the hotel. He was self-educated;

had "picked up" his medical knowledge; his nostrums were few

and simple and nature was doubtless his chief assistant; his

"school", if he had any, might be called "the school of common

sense." In extremely difficult cases an outside surgeon might be

called in.

"Yes," said the doctor in his chat with me, "the old ones are

not so anxious to quit but the young ones are bound to wind up.

They go out and get a taste of the world and its opportunities

and activities and they become discontented and restless."

And that was true; many a family had a son in the great west

or some large city. The young men wanted to start out for them-

selves and possess and control the results of their efforts. The bar-

ber shop was a little back room allotted for that purpose in the town

hall building. Two days in the week the members, who were ad-

dicted to the custom, were shaven and also such visitors as were in

need of tonsorial attention. The knight of the razor was a bright

young fellow who gave me fair facial treatment, and with the cus-

tomary barber's conversational powers imparted much information

as I plied him with questions. He was of age, born and raised in

the Society but did not care to become a member. "No chance

here for a young man."  He contemplated going off to "find a

job" elsewhere; wanted to do for himself; had already "worked

several years and had nothing to show for it." But as he was

eligible to probation and membership he hoped by remaining with

the community until the distribution that he might get half a share.

There were several in the same situation. As I gave him the price



The Separatist Society of Zoar

The Separatist Society of Zoar.          49

Click on image to view full size

 

of his labor (shave) he remarked if he were his own man he would

get that, while now "it goes to the Society." He thought it was

better for all that they divide up.

The blacksmith, a stalwart six footer, testified he had worked

hard all his life with an indefinite undivided property interest as

his reward. "Think how much I would have now had I worked

and saved for myself - some in the Society have done hardly any

work, but will get the same that I do. This way of doing busi-

ness is not natural, nor right," he added.

I found several who touched on this note - that those put at

the hard or difficult, or continuous tasks felt that others were not

so heavily burdened - yet the recompense was precisely the same.

One whose task began at times at daylight and did not end till

night was very "sore" at some who got off with "easy jobs." This

feeling of the inequality of the exertion put forth and of the labor

performed was very often expressed in no undisguised terms.

Yet all admitted it was not the fault of the authorities in their

efforts to assign and equalize the work. The trustees tried to be

fair and judicious in the apportionment. It was natural for some

to work. It was equally natural in some to shirk. Said one of

the most intelligent and observant in the Society: "This sys-

tem of communism puts a premium on indolence." It deadened

the spurs and motives of activity. Some one has said man is nat-

urally a lazy animal, he only works because he has to. Human

nature is prone to seek the paths that present the least resistance.

Communism affords favorable conditions for the discouragement

of energy and the exercise of the inertia.

I was not a little amused at my encounter with the "boss" of

the barn. He was silently engaged in extracting the lacteal wealth

from one of the patient kine - that prosaic process commonly

called milking. I approached and addressed him in English, elic-

iting no response. I then tried my German, rusty from disuse and

many years absence from its Fatherland. He evidently preferred

my better American to my bad German. To my queries he ac-

knowledged he heartily favored a distribution and a chance for

himself. The communistic system gave the lazy too much leeway.

He toiled while others slept. Finally to spike my battery of inter-

Vol. VIII-4



50 Ohio Arch

50        Ohio Arch. and His. Society Publications.

 

rogatories he asked, "Was you one of dem newspaper fellers what

wants to know evertings ?" "No," I replied, "I am a college pro-

fessor." "Oh, vell," he instantly retorted, "dot was the same ting

and just as bad,"  We understood each other perfectly after

that and became good friends.

In the hot boiler room of the cider mill I found one of the

oldest members who seemed to be the personification of con-

tentment. He was, and for many years had been, the fireman

and he sat in his bared arms eating an apple and apparently

wrapt in pleasing meditation. I think he must have been think-

ing of the approaching dismemberment of the community, for

upon my asking his views he unhesitatingly stated he had keenly

enjoyed the Zoar life. It had been one of plenty and peace.

But he realized there had come a changed condition of affairs

and he philosophically accepted the "new dispensation." "Yes,"

he said, "I was satisfied and happy. It was all right till a few

years yet. I know not how it will do in the new way, but we

must make the change, dat was sure."

The good old shoemaker who, with two younger assistants,

was "pegging away" in a faithful but deliberate manner, was in

favor of the dissolution, though a little uncertain and uneasy about

the outcome to himself and some others. All three agreed it was

"not according to nature for one to work for others," "it is better

that each be by himself and know what he has got." The element

of self-interest and individuality was self-assertive. The principle,

"every man for himself," was a popular sentiment. Many minor

influences had been working to undermine the Society. Oppor-

tunities had been increasing as time passed for the shrewd and

enterprising ones to acquire sums of money in a way that did not

demand, in their estimation, its being turned into the general fund.

This developed in some curious and ingenious ways. Many fami-

lies raised chickens in their yards; these and the eggs they would

sell to outsiders. This questionable method of traffic created much

dissatisfaction and the trustees endeavored at times to regulate

and equalize the poultry production - by dictating the number of

fowls each family might raise. This attempt was found difficult

to enforce. Housewives would take in washing for the visitors;

the young and older too would do sewing for the summer board-



The Separatist Society of Zoar

The Separatist Society of Zoar.          51

ers, or make lace and various articles for sale; the boys would

catch and sell fish; make and let boats on the river; slip off after

work and do odd jobs for outside parties. Individual effort for

personal gain could not be suppressed nor equalized. I was talk-

ing with one of the elder members as he sat on his porch when a

young man rode up on a Columbia wheel, dismounted and entered

the house. He was the son of my old friend. I asked if the So-

ciety furnished bicycles to the members. The old gentleman

laughed and said "not much", and he explained that the young fel-

low earned money nights working for the railroad and bought a

wheel. It was the only safety I saw in Zoar, but the manner of its

acquisition was illustrative of one of the currents that was in op-

position to the simple communism with which they started.

Another source of inequality and dissatisfaction was the furnish-

ing certain members at times with money to go upon trips

to see friends or transact some necessary business at a distant

point. Those who had no occasion for going objected to or at

least regarded with disfavor those who went. Again, and one

of the most important items tending toward disruption was the

necessity for the Society to employ help. Their principal busi-

ness had always been farming and stock-raising. This required

the continuous labor of many "farm hands." Their farming in-

terest was about the only one left them. The young and stout

men were drifting away. The older members were unable to do

hard and incessant manual work. There were thousands of acres

to care for or go to waste. The Society was driven to the em-

ployment of imported help. A field near the cemetery was being

plowed by four teams, driven by as many plowmen. I accosted

them as Zoarites, only to learn all were "hired help" and foreign

to the Society. Some fifty men were on the pay roll of the So-

ciety at the time of my visit, all of course non-members. There

were also several adult members [by birth] of Zoar families who

declined to become members of the Society, but who were per-

mitted to remain in the community and who, in addition to get-

ting their living from the Society, were paid small annual sums

for their work. They were of course eligible to membership

but for various reasons did not wish to legally join. A main

factor in the failure of the Society was the general decline of



52 Ohio Arch

52        Ohio Arch. and His. Society Publications.

 

its industries and the shrinkage in values. To the decline in the

industries of the Society I have already referred. The shrinkage

in values of both real and personal property was necessarily not

confined at this time to the Society. It was common to the

country wherever property of any description was to be found.

A few Zoarites acknowledged that the communistic plan

fostered extravagance or at least lack of thrift and economy on

the part of the members. There was great and unnecessary waste

of material, particularly in the line of food and fuel and house-

hold necessities. The baker would get from the miller more

flour than was actually needed. The consumers drew from the

baker more than their needs demanded. Not being required to

save for themselves, they naturally did not attempt to save for

others or for all. What came so easily and so plentifully was

not properly valued and there was no incentive to household

economy.

 

DECISION TO DISBAND.

The history of Zoar is the record of the rise and decline

of a communistic civilization. In the pioneer years, their re-

ligious zeal and physical necessities impelled them to industry

and thrift. After the forming of the communistic contract they

prospered as a Society. The country was opening up; the west-

ern tide of emigration, as it swept by or settled about them,

fostered their industries and enhanced the value of their prop-

erty. The building of the Ohio Canal was of great benefit to

them. They contracted to dig the canal throughout the ex-

tent of their territory, by which they not only acquired the sum

of $21,000.00 in ready money, but also made a considerable sum

by furnishing the neighboring contractors with articles of food.23

It was a period of development; of clearing and improving

the land; of labor and of saving. They added to their original

purchase until at one time they possessed some twelve thousand

acres. They not only built up industries for their own con-

sumption, but established a large commerce with the outside

 

23Penny Magazine (1837) Vol. VI, page 411.



The Separatist Society of Zoar

The Separatist Society of Zoar.           53

 

world. The growth and prosperity of the Society was largely

due to the ability and shrewdness of Joseph Bimeler. Until his

death the affairs of the community progressed. This success

continued, or rather remained undiminished for several years

after his death.24 Then the decline set in and for the past twenty-

five years the interests of the Society, as one member put it,

"have been going down." Their trade gradually fell off, their

income decreased and their expenses increased. Their young

and active members deserted. At various times in its history

individual members withdrew and made claim for their distribu-

tive shares of the accumulated property. More rarely a disso-

lution was suggested, but such proposal met with little or no

encouragement among the members. In the few bygone years

the more intelligent and observant among them could not fail

to realize that the Society was "auf die Neige" - on the wane

-and time alone would determine its dismemberment.

One of the most interesting episodes in the later history

of the Society was the outspoken "rebellion" of one of its

leading members, Mr. Levi Bimeler, the descendant of Joseph

Bimeler and the village school master, of whom we have already

made mention.

Mr. Bimeler was educated, as has been noted, outside of the

Society. He openly advocated the right of the members to with-

draw and receive their distributive share if they desired it. In

1895 Mr. Bimeler promulgated his views in a little folio,-a four-

page sheet about the size of a legal cap page. Mr. Bimeler was

editor, publisher and pressman. He wrote the entire contents of

his paper-a monthly-and then duplicated it upon a letter

copying press. The edition was of course very limited, a hundred

or more, and sold to the members. It was the only periodical

publication ever attempted in Zoar.

 

24As late as 1875 their property was estimated at the nominal value

of $1,500,000. About the date of Bimeler's death, the society numbered

some 500 adults and children. This number in 1885 was 390 according

to the statement in Prof. Ely's "Labor Movement in America."



54 Ohio Arch

54       Ohio Arch. and His. Society Publications.

This organ of the agitator was called the "Nugitna" and

three numbers were issued, the fourth partially prepared for

duplication and publication, when the editor was "called down"

by the Society authorities and given to understand that unless

he ceased his vexatious and rebellious publication he would

be expelled and deprived of all rights, present or prospective,

in the Society. The fourth number never appeared. As these

monthlies represent an element - however small it may have been

- in the Society at the time of their appearance, and as they con-

tribute much information concerning the history and purpose

of the Society, they are herewith reproduced without alteration.

They have historic interest and deserve permanent preservation

in the archives of Zoar.

We would not say that they are to be taken as voicing the

popular sentiment at the period of their publication. As the

editor frankly confesses, his propaganda met with both approval

and disapproval. The exercise of the censorship of the press in

this case would indicate a centralized power in this equal com-

munity. The "Nugitna", as the reader will observe, was a

bugle-blast for individual rights in no mild or mistaken tones.

It is the irony of fate that a Bimeler should have been the most

pronounced iconoclast of his great-grandfather's institution. The

claim for which the "Nugitna" contended was not a new or novel

one. It had often been made at various times and by various

members who wished to withdraw from the Society and take

their "belongings" with them, or by members who had with-

drawn. We have already reported the law cases growing out

of such claims. But we let the "Nugitna" speak for itself.



THE NUGITNA

THE NUGITNA.

 

 

 

Vol. 1.          Zoar, Ohio, Dec. 30, 1895.     No. 1.

 

 

 

 

INDEPENDENCE, NOW AND FOREVER

 

When, in the course of human events, it becomes necessary

for one person to dissolve the political bands which connect him

with a Communistic Society, and to assume among the citizens

of a state the equal and separate station to which the laws of

nature and of nature's God entitle him, a decent respect to the

opinions of his fellow Communists requires that he should de-

clare the cause which impel him to such separation. Whenever

any form of government becomes destructive of the ends for

which it was instituted, it is the right of the governed to amend

or abolish it.

Fellow Communists. I quote the above, with slight altera-

tions, from the "Declaration of Independence." It fits our con-

ditions exactly. And, if we possess only half the "grit" and

determination of our ancestors, we will be successful in obtaining

the coveted liberty and Independence. This Society has for a

long time back become destructive of the ends for which it was

instituted.

You know-or perhaps you don't-that this "Communistic

Society" was instituted for these five ends; viz: 1st. To secure

that satisfaction, proceeding from the faithful execution of those

principles and duties which the Christian religion demands; 2nd.

55



THE NUGITNA

THE NUGITNA.

 

 

To plant and establish the Spirit of Love as the bond of peace

and unity; 3rd. To unite our various individual interests into

one common stock; 4th. To abolish all distinctions of rank

and of fortune; 5th. To live as brethren and sisters of one com-

mon family.

We believe that the faithful execution of those "Christian

duties " was an easy matter to our forefathers, but that it is not

possible for us to do likewise as Communists. We may form

the best resolves, and aim to live according to the rules laid

down by the founders of this Community, but all of these vanish

like a light morning mist, when we see the total corruptness of

our whole system. Some, indeed, still believe that this is the

system, and can not understand why some have the audacity to

condemn it, and to attempt to withdraw therefrom with a proper

share of the Society's property. But some day they will have a

revelation. Look about you, and show me the man or woman

who has secured the desired satisfaction as indicated in the 1st

end. There is not one who can truly say it. Examine your-

selves, go down into the depths of your conscience and ask

yourself-Am I living up to this purpose?-and the answer

will surely be negative. To those who say that they have lived

and are now living in accordance with the 1st end, I can only

say that they are the worst hypocrites existing, and that none

but their like believe them.



THE NUGITNA

THE NUGITNA.

THE NUGITNA

Is published every four weeks. Its

aim is to secure to the mem-

bers of

THE ZOAR SOCIETY

the right to withdraw therefrom,

and to receive a proper share of

the Society's property.

 

TERMS:

Local subscribers, per copy, 5 cents;

per year 50 cents. By mail, per

copy 10 cents; per year, $1.00.

LEVI BIMELER,

Editor and Publisher, Zoar, Ohio.

 

 

COMMENTS ON THE MEETING

OF DECEMBER 3rd, 1895.

The meeting was opened by

Mr. Zimmerman who, in a few,

well chosen words, briefly stated

the object for which the meet-

ing was called. Mr. Beuter,

sr., opened the discussion in

his usual way on such occa-

sions-exhorting the members

to continue in this state of

Communism, but advised also

to discard certain avoidable

habits of intemperance and

gluttony. He was followed by

Christ. Ruof jr. who spoke in

direct opposition of Mr. Beu-

ter's 1st theme.  Next came

Jacob Sturm who entertained

the meeting by an explanation.

Next spoke L. Bimeler who ad-

vocated the peaceable dissolu-

tion of the bands which con-

nect individual members with

the Society. He was ably sec-

onded by Messrs. Sylvan,

Kuemmerle and P. J. Bimeler.

Charles Ehlers ably presented

the real object of the meeting.

Others followed; some act-

ing in a gentlemanly manner as

did those who spoke before

them, while others lost all con-

trol over their tempers and gave

vent to their personal feelings

against one another.

Christian Ruof sr. was con-

spicuous through his absence.

The meeting, after complet-

ing its object, adjourned wiser

than when it met.

A few more such meetings

with the people who have no

other way of obtaining Data,

will work wonders.

57



THE NUGITNA

THE NUGITNA.

TOWN TOPICS.

The time for the annual

slaughtering of hogs is at hand.

The party of slaughterers be-

gan their work on the 16th

inst. and disposed of the 1st

lot of hogs, 45 head, in less

than one week.

John Gantenbein, the bar-

ber, was waiter at the butcher's

meals. John is a good waiter

and always gives satisfaction.

On this occasion however, he

caught cold-the weather be-

ing wet and cool-and was sick

for a week after.  John says

"Das kann mir gestohlen wer-

den"; and " The next time I'll

tend to my business only."

The Society is actively en-

gaged in lumbering and is ship-

ping the lumber to all parts of

the globe.

Frank Kappel and Rosa Ruof

--both born in Zoar but for a

number of years away from

home-are visiting at their pa-

rents.  Both look well and

happy.

GUESTS AT THE HOTEL.

Mr. Lockwood; Miss Scoti;

and A. Gunn.

The "Gold Mine" is flooded.

The entertainment given by

the pupils of the Zoar Schools

assisted by the classes of '94

and '95 was well attended and

gave universal satisfaction. The

classes of'94 and '95-all girls be-

tween 15 and 18 years of age-

made an immense impression on

the young men in the audience.

Such expressions as "They

look like a garden of Roses in

bloom"; "Ah, me! I wish she

were mine"; "The sweet an-

gels;" and half suppressed

sighs were heard on all sides.

COUNCIL PROCEEDINGS.

Dec. 9th.  Council met in

regular session. No business

being on hand Council ad-

journed.

Mr. and Mrs. Obed Burkhart

were made happy. It is a boy.

Mr. Leo. Kern, a veteran of

the Civil war, was held up by

four armed men on the canal

road between Zoar and Zoar

Station and robbed of all his

money. Poor Leo! He must

have felt as bad as when his

corps was routed at Chancel-

lorsville by the Rebels.

Barbara Angele, a domestic

in the family of Adam Kuem-

merle, died Dec. 26th, 1895.

58



THE NUGITNA

THE NUGITNA.

 

 

Vol. 1.        Zoar, Ohio, January 27, 1896.    No. 2.

 

 

COMMUNISM - HUMBUGISM!

The second end for which the Society was established is:

"To plant and establish the Spirit of Love as the bond of peace

and unity." The second end is closely related to the first and,

like it, rests chiefly on religious principles. It is so easy to form

fundamental principles for others to observe; but to live accord-

ing to them ourselves, is quite different. The pioneers of this

settlement had originally no inclination to establish Communism,

but simply to find a home where they could, without molesta-

tion, live according to their dogma. When the first settlers

came in 1817, all was still a wilderness, the first winter was very

severe, and they suffered great hardships. Among the settlers

were many who were not able to earn a living. Since they left

Germany for the purpose of religious freedom, the able-bodied

were in honor bound to aid the feeble. After a time the old,

infirm, feeble and others who were too lazy to work saw that

this could not last forever, and that as soon as the religious

scruples exerted less influence, they would be neglected and fare

badly. They were the ones who began to agitate the Commun-

istic idea. Said they, "We are one in religious belief, let us be

one in rank and fortune." The idea was worked up until those

in comfortable circumstances -they were the minority- had no

choice but to join or to be considered renegades.

Mr. J. Bimeler, " Old Bimeler" as we call him, opposed the

59



THE NUGITNA

THE NUGITNA.

 

 

Communistic movement from the first, and was the last man to

give his consent. " Old " Bimeler was the Spiritual head of the

Separatists and, having joined the Society, it was mainly through

his influence, and the then existing circumstances that the Spirit

of Love was kept alive. The Society prospered while he lived.

Bimeler saw clearly where Communism would lead to; when we

read his sermons we find grave doubts expressed regarding the

stability of Communism, and the wisdom of establishing this

Society. He was right! Where is the "Spirit of Love " now?

Where is the bond of peace and unity? Where are the planters

and fosterers of this Spirit?  Gone, forever! The "Spirit of

Love," as we look at it, is embodied in the " Golden Rule," viz.:

" Love thy neighbor as thyself." It appears, however, that the

majority interpret it thus:  "Love thyself and slander thy

neighbor." All the simplicity which the founders held dear has

given place to extravagance and pomposity. And "thereby

hangs a tale! " The founders were really devout believers, not

only in word but in deed also. But we who are believers in

form only, who not only not believe but ridicule the most sacred

of our ancestors' teachings, can't establish this "Spirit" as

Communists. None can deny that we don't believe the religious

doctrines of our fathers any more. You may, perhaps, say " 0

yes! we believe." But where are your deeds to prove it. Now,

If we are renegades, or in other words, fell off from the doctrine

of religion, why not sever the political bands which tie us to the

Society. Shall we continue to be Communists?

60



THE NUGITNA

THE NUGITNA.

THE NUGITNA

Is published every four weeks. Its

aim is to secure to mem-

bers of

THE ZOAR SOCIETY

the right to withdraw therefrom,

and to receive a proper share

of the Society's property.

TERMS;

Local subscribers, per copy, 5 cents;

per year, 50 cents. By mail,

per copy, 10 cents; per

year, $ 1.00.

LEVI BIMELER,

Editor and Publisher, Zoar, Ohio.

 

 

COMMENTS.

The appearance of the first

number   of the   "Nugitna"

Created quite an excitement.

Various were the remarks and

opinions expressed by different

members of the Society. Some

were mad, others shook their

heads, and still others were

glad. The editor has, person-

ally, heard only a few opinions

expressed, but is, nevertheless,

well informed regarding the

prevailing opinions. The first

week after the publication of

"The Nugitna" there was some

strong talk. Some went so far

as to express themselves thus:

This act is enough to expel the

publisher from the Society; but

when the cool, second thought

came, the impracticability of

such expulsion made itself

manifest.  This "second

thought" is a great blessing.

"Expel him" is more easily

said than done. The U. S. Con-

stitution guarantees freedom of

speech and press. We avail

ourselves of this guarantee for

a good purpose. "The Nu-

gitna" created more stir than

anything we can think of in

the history of this Society (ex-

cept perhaps the circulation of

a petition in the year 1850-4,

for the purpose of throwing

the trustees, Ackerman and

Sylvan from office and putting

the originators of the petition

in their place). We can't see

61



THE NUGITNA

THE NUGITNA.

why the "Nugitna" should

disturb our affairs.  We are

not seeking to throw anybody

from and putting ourselves in

the place as those petitioners in

the early fifties. No! we simply

desire that receding members

shall receive a proper share of

the Society's property. If we

deem it necessary we will pub-

lish the petition mentioned

above and the names connected

with it.

"All is quiet on the Poto-

mac."



THE NUGITNA

THE NUGITNA.

 

 

Vol. 1.        Zoar, Ohio, February 24, 1896.    No. 3.

 

 

COMMUNISM - DESPOTISM.

The 3rd end for which the Society was instituted is "To

unite our various individual interests into one common stock."

This, like the preceding two rests on Religion, being a modifi-

cation of the 22nd verse, 18th chapter of St. Luke. Living up

to this end required very little self-denial of our forefathers as

the majority possessed nothing but what they carried on their

backs. The few who were in possession of money had no chance

to spend it. The circumstances then and now are widely differ-

ent. The Pioneers had absolutely no intercourse with the out-

side world, except a few who were entrusted with the conveyance

of goods and produce to, and from Philadelphia, Pa.  So you

see, that the money one might have did him no particle of good.

He could not buy anything if he wanted to. There was equality

of fortune among the first settlers. But let us look at the con-

ditions of things as they exist now. Is there a union of individ-

ual interests now? Do we contribute every thing into one com-

mon stock? Has not the individual interest gained supremacy

over the general interest? We tell you that the individual in-

terest is the primary and the general interest the secondary object

from the preacher down to the lowliest, with only a few excep-

tions. All this has been brought about by time, intercourse with

the outside world, and last, but not least, our Public Schools.

The state of affairs now existing is natural and in accordance

63



THE NUGITNA

THE NUGITNA.

 

 

with the laws of human nature. The present generation sees

too clearly that a favored few enjoy all the comforts and luxuries

that money can buy, while they must be satisfied with what is

meted out to them. This went well thirty years ago, when the

members of the Society, were kept in ignorance of the true state

of things, when the members did not dare to think contrary to

prevailing customs, not to speak of voicing them, for fear of ex-

pulsion from the Society.  There has always been, and to a

certain extent still is a tendency to keep the affairs of the Society

from the knowledge of the members.    Is it because those in

office are the wise men of the Society? Or, are the members too

ignorant to be trusted with the knowledge of the Society's affairs.

Which?

The secret of the stability of the Society lay in its Children's

Institution. In the early history of Zoar, every child when it

had attained to the age of three years was taken away from the

parents into the Society Children's Institution and left to the

tender (?) mercies of its keepers. In some future issue we will

illuminate said Institution.

If "Old" Ackerman had done no other good deed but to re-

fuse to send his child to this Institution, he has, by that alone,

richly earned the love and esteem of the members which he pos-

sessed. Hold sacred the relation of parent to child.

64



THE NUGITNA
Click on image to view full size

THE NUGITNA.

THE NUGITNA

Is published every four weeks. Its

aim is to secure to mem-

bers of

THE ZOAR SOCIETY

the right to withdraw therefrom,

and to receive a proper share

of the Society's property.

TERMS;

Local subscribers, per copy, 5 cents;

per year, 50 cents. By mail,

per copy, 10 cents; per

year, $ 1.00.

LEVI BIMELER,

Editor and Publisher, Zoar, Ohio.

 

 

COMMENTS.

The opposition which "The

Nugitna" has encountered con-

tinues.  The authorities are

making strenuous efforts to

compel the publisher to quit

the business. He said that the

"The Nugitna" would not be

issued any more if the gross

violations of our by-laws, now

existing to the full knowledge

of the authorities, were also

abated.

However, an amicable settle-

ment of the difficulties may yet

be reached; in this case "The

Nugitna" will be a thing of

the past. There are some sec-

tions of our by-laws which are

unjust, unfair and unconstitu-

tional. "The Nugitna " wants

to educate the members of the

Society to see that our by-laws

need revision. To bring them

to look upon Communism as

not consistent with modern civ-

ilization; and to inculcate a

spirit which holds sacred the

rights of individual members

to obtain and hold private

property. The early history of

Jamestown, Va., shows that

Communism is a failure. Those

settlers tried the experiment

but gave it up within five years.

Is it a wonder then, that we,

living in the rich State of Ohio,

consider it a failure, too? Com-

munism  puts a premium   on

idleness, and discounts dili-

gence. There is no reward for

the industrious, and no punish-

ment for the idle. "Nimms

easy und lasz fuenfe grad sein,"

is appropriate for Communists.

 

TOWN TOPICS.

We have the sad duty to an-

nounce the demise of one of

our members. The deceased

"Christina Peterman," was the

the first child born in Zoar.

At the time of her birth the

Vol. VIII-5                    65



THE NUGITNA

THE NUGITNA.

Zoar Society did not exist yet.

She was born July, 1818, in a

rough log cabin, and attained

to the age of 77 years. Her

parents were very wealthy and

when Communism was estab-

lished they gave all into the

common fund. In her the So-

ciety loses one of its truest

members. There is not a soul

in Zoar who can say ill of her,

but one and all praise her kind-

ness and devotion. The words

of Christ may well be applied:

"Blessed are the meek: for

they shall inherit the earth.

Blessed are the pure in heart:

for they shall see God. Bles-

sed are the peacemakers: for

they shall be called the children

of God."

May she rest in peace for

evermore.

COUNCIL PROCEEDINGS.

Feb. 10th, 1896.  Council

met in regular session with all

the members present.   Min-

utes of the previous meeting

were read and approved. Sev-

eral subjects were discussed but

no action was taken, and on

motion of Mr. Beuter, the

Council adjourned.

 

The activity in our lumber

industry continues. It is some-

what difficult to haul the lum-

ber owing to the bad condition

of the roads.

The Pres. of the Lawrence

Tp. school board, Mr. D. Ben-

der, visited our schools. Mr.

Bender is well qualified for his

office.

 

The anniversary of the birth

of Washington was fittingly

celebrated by our schools. The

primary room was beautifully

decorated with bunting and

flags.  Both schools met in

said room and the exercises

were opened with the song

"America."   Then  followed

dialogues, speeches, biogra-

phies, drills. Many household-

ers were present and joined in

the concluding song: Red,

White and Blue.

66



THE NUGITNA

THE NUGITNA.

 

 

 

Vol. 1.         Zoar, Ohio, March 23, 1896.     No. 4.

 

 

 

 

COMMUNISM - SOCIALISM.

 

Communism may be a good thing in the interior of Africa,

but in the center of the highly civilized state of Ohio it is an

outrage. Communism, as practicably demonstrated by the Zoar

Society, abolishes all distinctions of rank and of fortune. Any

casual visitor to Zoar will undoubtedly notice the lack of rev-

erence of inferiors to their superiors in age; attainments, or

otherwise. This very lack of reverence is a certain means of

downfall of all Communistic societies. The smallest child is put

on a level with the adult, socially, the toper with the sober, the

indolent with the diligent. What other can be expected from

such a social order of things, but in the end contentions and

ruin. And as to the abolition of fortune distinctions, Phew !-

Who has not observed the great difference between high and low

of the Zoar Society? Only fools, religious bigots or self-con-

ceited ones are so blind to believe there is no difference in rank

and fortune. Tell me, thou Thomas, why the common laborer

remains laborer, and the aristocrat remains aristocrat. Is it be-

cause all distinction of rank and fortune have been abolished

from amongst us? What fools we are to labor on for the benefit

of a few favored ones; to keep the Don Juans in their positions

of ease, luxury and revelry. The common laborer of any. Com

67



THE NUGITNA

THE NUGITNA.

 

 

munistic Society is a mere slave. He must do the work assigned

him; eat and drink what is given him; wear what is furnished

him and dwell in the house assigned him, all without murmur-

ing; while other members who are more favorably situated, buy

for themselves what they want, although the principles of Com-

munism abolish all distinction of rank and of fortune. This

statement may easily be verified by a few days sojourn in Zoar.

This is Practical Communism. Theorists may dream of a golden

time when the Communism shall pervade this whole earth, but

let them go to a Communistic Society and fill the place of a com-

mon laborer and they will awake to the fact that Purgatory is a

blessing compared with their position. Communism is a curse

to any and all communities where it is established. It deadens

all push, energy and ambition. It puts a premium on idleness

and unfits a person for the battle with the world for an existence

when the time comes in which he will be thrown on his own re-

sources, which will sooner or later, come to all members of Com-

munistic Societies. There is no equality of rank and fortune in

Communistic Societies nor any other intelligent community.

 

NOTE.-This number (4) of the Nugitna was only written as far as

here quoted and was never printed nor given to the public.-E. 0. R.

68



The Separatist Society of Zoar

The Separatist Society of Zoar.          69

 

 

 

DISTRIBUTION OF THE PROPERTY.

The Nugitna was premature in its pronounced views. Like

all reform organs it had to be radical to receive recognition.

Yet the belief was well lodged and growing with many that

the communistic feature of the Society had survived its use-

fulness. The idea of dissolution had become food for thought

and topic for discussion. Leading minds and officials among

the Zoarites recognized the inevitable approach of the end.

Debts were increasing, revenues decreasing and perhaps financial

failure was only a question of time. The matter was gradually

brought to the notice of the members of the Society, and cul-

minated in a meeting held in early part of January, 1898, when

the momentous question was formally broached and the con-

clusion reached that it was best, if not imperative, that a division

of the property be made. One who was present at that meeting

related to me its affecting and amusing incidents. It was not

without its pathetic scenes. To many it was like the separation

after a life journey as one family. The incomprehension of

many of the material interests involved in this action, and their

inability to appreciate the main issues to be considered, was

illustrated in the fact that the chief difficulty to be encountered,

in the minds of several, was the equitable disposal of the stoves

used in common in many instances by two families who occu-

pied adjoining rooms, and shared one kitchen. Who would get

the stove?  And how would they separate the kitchen?  But

these problems were finally temporarily waived or satisfac-

torily settled and a formal agreement was reached, binding all

to the decision to divide the property upon an equitable basis.

On March 10th, 1898, the members signed a written compact,

whereby the members "selected and appointed Samuel Foltz,

Henry S. Fisher and William Becker, commissioners to make

said partition and division and to designate in their report and

statement by numbers and on a plat to be prepared by George

E. Hayward, the Surveyor selected by us, the parts and portions

of said real estate which each of us is to receive as our re-



70 Ohio Arch

70        Ohio Arch. and His. Society Publications.

 

spective shares and allotments."25 These Commissioners met

May 2, 1898, and the work of surveying and appraising was

begun May 12th following. There were at this time two hun-

dred and twenty-two people, adults and children, in the Zoar

Society. There were one hundred and thirty-six members

entitled to one equal share each, including several (eight or

ten) probationist candidates, who were eligible to membership

by birth, and life in the Society, and it was agreed to pacify

these "could be" members, that they should receive each a

full share.  The appraisement and surveying was in process

at the time of my first visit. The value of the property of the

Society at this time was of course largely a matter of

conjecture. The real estate consisted in round numbers of seven

thousand three hundred acres. This, as I learned by con-

sulting the records of the County Auditor, was placed upon the

tax duplicate at $340,820.00. The personal property was listed

at $6,250.00. The division and distribution of the property

was finally accomplished in the fall of 1898. The Society before

the division, made a contract of sale of the timber upon their

lands. This sale brought the Society some $15,000.00 in ready

money or short time notes. There was also a sale of all the

personal property belonging to the Society; cattle, horses, farm-

ing appliances, etc. The funds realized from these, timber and

personal property sales, were available for the discharge of the

debts of the Society, the costs of the division of the property

and proposed later dissolution of the corporation. A cash divi-

dend was made to the members of the Society - amounting to

some $200.00 per member, with the understanding that another

dividend would probably be made when the timber notes were

paid and all final expenses provided for. The farm lands were

apportioned into the requisite number of lots according to the

appraised value of respective sections. That is, had the land

been uniform in value each distributee would have received some

fifty odd acres. But as the land varied greatly in its fertility,

accessibility, etc., the survey, appraisal and division produced al-

 

25 See deed of realty on pp. 90-92. The commissioners chosen were

not members of the Society.



The Separatist Society of Zoar

The Separatist Society of Zoar.           71

 

lotments of unequal number of acres, but supposed equality of

value. Each member got an equal amount of cash and a sec-

tion of farm land and a home or property in the village.

The hotel, for instance, represented several shares and was as-

signed to the landlord and the members of his family entitled

to a share each. The allotments were assigned by the Com-

missioners. The members of the Society had no choice. They

were bound to accept what was apportioned to them. The

natural plan was followed as far as practicable, of assigning to

each the property, or a portion of it, which he had occupied or

employed in his vocation; the mill to the miller; his shop to

the blacksmith, the garden to the florist, and so on.

On September 29, 1898, the deed, by the Society of Separa-

tists of Zoar, (incorporated) in whose title the lands stood, to

the various individual distributees was signed and acknowledged

at Zoar and on October 13, 1898, it was recorded in the Re-

corder's office, New  Philadelphia, Tuscarawas county, Ohio.

This interesting document by which all pieces of property were

granted and received in one deed, is set out in full in the latter

part of this article.

The exact value of the property which each recipient mem-

ber (136 in all) obtained, cannot be given. Several members

informed me it would be in the vicinity of $2,500. Taking the

entire Zoar (Society) population (222) and averaging the ag-

gregate wealth, it approximates $1,500 per capita. This rep-

resents the net result of three generations of communistic la-

bor and thrift. The average wealth per capita in the United

States is now regarded as not less than $1,000. It is left to

the student of sociology to speculate upon the problem whether

Zoar communism paid its members (financially) or not.

This action of distribution of course annulled and abolished

the communistic feature of the Society. The municipal incor-

poration of the village and the incorporated Society of Zoar re-

main intact.26 The latter incorporation will continue until all the

financial affairs of the Society are adjusted, and all litigation is

 

26At the date of this article, July 1899.



72 Ohio Arch

72        Ohio Arch. and His. Society Publications.

 

at an end.27 The stockholders have merely divided and come

into possession, separately and personally, of what was common

property. The legal form of the corporation yet exists, its af-

fairs not having been completely closed up. There are still ob-

ligations to meet and claims to collect. The apportionment of

the corporate, property was the withdrawal and appropriation

in name and title by the individual members of the Society of their

undivided and undetermined personal shares. When all further

necessary details are arranged the corporate organization, as

such, will be legally dissolved and the Separatist Society of Zoar

will be no more.

AFTER VIEW OF ZOAR.

In the summer of 1899 the writer made a second visit to

Zoar with the purpose of observing how the good Zoarites were

getting on under the new dispensation. "Mine host" of old

still ran the hotel and the first evidence of the new era was the

telephone closet in the hall with long distance telephone facili-

ties. Zoar was now on the electric current, in instant touch

with all the world. Near by on the wall hung a tutti-frutti chew-

ing gum slot machine. Surely Zoar was fully up to date. Op-

posite the hotel, across the street, was an ice cream parlor in

full, though not very brisk, blast. It was difficult to imagine

the staid and sober Zoarites eating ice cream and chewing gum,

but they were. The village had taken on a new and modern

aspect. The streets had been named. The houses had, in many

cases, been repaired and more or less renovated. The roofs had

been renewed and here and there slate roofs had superseded the

antique tiles or the moss grown shingles. Several dwellings

 

27 After the distribution of the property suit was brought in the courts

of Tuscarawas county, against the incorporated Society of Zoar, by a for-

mer member (Mrs. Paulina Beiter), a great granddaughter of the original

Bimeler, for a distributive share. Other ex-members set up claims in

cross-petitions. The legal claim was that as the Society had been declared,

in previous suits, not a perpetuity, then the dissolution of the Society

worked a reversion of the property to its original holders and they or their

heirs were entitled to recognition. This suit was lost, by the claimants, in

the Common Pleas and Circuit Courts. It is not known whether it will be

carried to the Supreme Court of the State.



The Separatist Society of Zoar

The Separatist Society of Zoar.          73

had donned new chimneys of bright yellow brick.   On the

side street near the hotel, was a brand new modern frame dwell-

ing, the first, and thus far the only one in town, built in modern

style and plan and with a basement furnace, which was a novelty

to the natives. Without doubt, as the street phrase is, Zoar

"was getting a move on itself." Even domestic life was rapidly

assuming phases of our most advanced city civilization,

for since the change from   communism, and for the first

time in all the history of Zoar, a divorce had been applied for by

both partners after a life-long sharing of joys and sorrows.

The Doctor had deserted his old quarters and built a spruce

little convenient two room office. Even his drugs and bottles

were new and so was his practice, in manner and in field. "No

pent up Utica contracted his powers" now, his skill extended to

the farmers for miles around and he was continually "on the

go." A card and revolving hand in the window indicated his

absence and the hour of his return. The good doctor himself

seemed to have renewed his youth and taken a fresh start in his

profession.

The former quarters of the genial shoemaker and his assist-

ants were occupied as dwelling rooms, and it was rumored that a

foreign brewer was negotiating for the building for a "sample

room." The cheery master cobbler had established himself in

the ancient log church which dated back to the early years of

the colony, and was probably the oldest structure in the

village, and for many years had been used as storage room.

He told me one of his two assistants had abandoned the leather

bench for the farmer's plow. The other "help hand" had opened

a new and rival establishment.  It was the first, and indeed,

the only case of competition ever experienced in Zoar.

"There's hardly enough for two shops," the shoemaker said,

"but I guess I'll find something to do," he added in a serious tone

that sounded like a refrain of regret over the "sure support" days

gone by. The machinist was surveying his somewhat the "worse

for wear" plant, and to my inquiry if all (Zoarites) were now

happy, he replied cautiously, "Some, not all." I did not press

the question but the manner of his answer led to the inference

that he belonged to the "not all" class. The miller was em-



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phatic in his approval of the "new way."  With energy and en-

thusiasm he had improved the mill, put in several hundred dollars

in repairs and modern machinery and exultantly showed me the

"finest flour in the market." An hour or so before breakfast I

strolled into the blacksmith shop and found the stalwart smithy

pumping the bellows with one giant bare arm and with the

other holding a horseshoe, with long nippers, in the glowing

forge. "Well, how do you take the new deal?" He hesitated a

moment, then jabbed the iron rather vigorously in the hot coals

and said, "0, pretty well; I'm my own boss now but I have to

work harder."

"Is everybody pleased?"

"Some was satisfied and some was 'kicking' a little," he

replied in terse but slang terms. The huge horse stables, cow

stable and sheep stable were like great banquet halls deserted.

At the entrance of the cow stable mending the whippletree of

"his" wagon was my old friend the jester and "boss" of the

mustered out, milk brigade. He greeted me cheerily and to the

invariable inquiry said, "Well, I like it pretty good but I have

to work just as much as before. No, I got not the whole stable,

dere was six shares in the stable, I gets one and my home and

some farm. The farm was pretty fair but I likes to sell out and

go away."

"You don't have a hundred cows to look after now?"

"No, everybody has der own cow or buys de milk already.

Yes, you bet, dey all has to hustle now, dat was sure."

His desire to sell and get away was not exceptional. There

were several such, particularly among those who had no specific

employment and were suddenly thrown upon their newly acquired

farms for a living. Very few of them had been trained in any craft

or trade and those who had mostly worked upon the farm lands

had done so in a mechanical or even menial manner, under

guidance and direction and with learning but little knowledge

of the science or principles of agriculture. This was a weakness

of the communistic system. The paternalism in the government

was a hindrance to thinking as well as to acting for oneself

"For just experience tells, in every soil,

That those that think must govern those that toil."



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The Separatist Society of Zoar.         75

It had made children of men and women. It would be difficult

if not quite impossible for the older ones to "pull up stakes" and

move away. Some of them, not equal to the labors of the field,

proposed to rent their farms or have them worked on shares.

A few of the younger ones had already left the village to seek

their fortunes elsewhere. In some cases the new regime had

brought back a wandering one. My former barber no longer

presided at the chair, but in his stead was installed a young man

of similar age. He proved to be a Zoarite who, not content

with the prospects of the future, had left home a few years be-

fore and plied his trade in the large cities. He had returned

now to look after his old father and mother, whom the new status

had thrown upon their own exertions. "I thought they would

need me, now," he said with filial affection, and no doubt they

would. He was sorry he had left, as, if he had remained, he

could have come in for a "divy", as he expressed it. The former

barber dropped in while we were talking. He was above age

at the time of the distribution, but had not previously become

a full member of the Society, though born and raised in it. He

was, however, acknowledged as a probationist member and re-

ceived his share, like some others, on account of his semi- but

legally recognized relation to the community.

One of the most significant indications of the re-

turn by the relieved people to the normal conditions of life was

the keen sense of delight and pride with which they used the

possessive pronoun and spoke of their "own" possessions.

"Is that your house?" I asked two or three, and with a

contented expression that would fairly beam they would utter

the possessive "mine." The baker and his wife had hung over

the door the sign "Bakery," and had converted their front room

into a sale shop with counters and cases, the latter filled with

cookies and pies, tidily displayed to tempt the appetite. As a

fellow visitor and myself stood upon the porch the husband of

the woman drove up with a new buggy and dapper horse.

"Where did your husband get that fine rig?" I shall never for-

get the tone of self-satisfaction with which she promptly replied,

- "That is OURS - we bought it. Isn't it nice to have your own

horse?" This innate propensity for personal proprietorship is



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a factor in human nature that the advocate of universal commun-

ism fails to properly appreciate or consider.   Some power will

have to mould over mankind before it will yield the desire to

possess the earth or at least as much of it as he can earn or in-

herit. As Josh Billings has philosophically remarked, "there is

still a great deal of human nature in mankind."

The survey, appraisal and successful distribution of the

property was a delicate and difficult work. There were so many

parties to be satisfied and such a diversity in the nature of the

property to be divided. Much praise is due the commissioners,

Messrs. Foltz, Fisher and Becker; the Society's attorneys, Messrs.

Neely and Patrick; the trustees of the Society, Joseph Breymaier,

Christian Ruof, Sr., and John Bimeler, and more than to any

other one, Mr. Louis Zimmerman, the Secretary and Treasurer

of the Society.28

The grounds and buildings of the brick church were reserved

in the apportionment of the realty and set aside to the village

corporation for the public use. But now a grave and singular

question arose. There was no church organization.29     To whom

or what organization should the church property be devoted?

Ministers of some of the leading denominations, both Evan-

gelical and otherwise, sought to invade the community and secure

 

28 Mr. Louis Zimmermann was assistant secretary and treasurer of the

Society from 1882 to 1889 and secretary and treasurer from the latter date

to the present time. He has therefore had practically the control and man-

agement of the commercial and financial interests of the Society for some

seventeen years. In that position and particularly in the work of closing

up the affairs of the Society, he has displayed marked ability and tact. All

classes in the Society had implicit confidence in his honesty of purpose,

wisdom of action and his fidelity to the duties entrusted to him. His grand-

father, Louis F. Birk, was one of the original Zoar emigrants of 1817. Mr.

Zimmerman was thoroughly loyal to the Zoar Society and its aims and work,

so long as it could be successful, but was one of the first forced to the con-

clusion that the time had arrived to abandon the communistic plan. Mr.

Zimmerman was for many years the manager of the general retail store

of Zoar and at the distribution he and Mr. August Kuecherer received, be-

sides other property, the store as their portion. Joseph Bimeler is also as-

sociated in the management of this store.

29 It has been stated to the writer that the Separatists, as a religious

sect, no longer exist in the old country.



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The Separatist Society of Zoar.               77

 

for their respective sects the field apparently left open for some

missionary influence. Several of the ex-Zoarites, if that expres-

sion may be permitted, highly resented the imputation that they

were subjects for "conversion," or that they were fallow ground

for orthodox spiritual seed. As one of the members said to me,

"I don't see why we are not as good as some of the people who

want to regenerate us." "But," said another, "we must have

some kind of a religious organization and after awhile some of

us will get together and form a church society."30

 

30 In 1876 William Alfred Hinds visited the Zoar community and

gave a very interesting account of the religious phase of the village life

at that time. We quote from his conversation with one of the oldest

members. Jacob Ackerman was then acting as the religious leader, he

having been selected to that informal and rather nondescript office by

the Society. Hinds asked:

"Did Ackerman, your present leader, directly succeed Baumeler,

your first leader?"

"No. Baumeler died August 27, 1853. As his successor we unani-

mously appointed Jacob Sylvan-a good writer, but no speaker. Chris--

tian Weebel read his discourses for him. After Sylvan's death, October

13, 1862, Weebel took the spiritual lead; but the majority of the mem-

bers were not fully satisfied, and in 1871 Jacob Ackerman was appointed,

he being the oldest trustee, and having labored hard for the Society.

We desired to honor him."

"What peculiar ceremonies have you?"

"None at all."

"How do you regard the Bible?"

"We believe in both the Old and New Testament, and in Christ

as the Savior of the world."

"What great objects have you as a Community?"

"Our object is to get into heaven, and help others to get there."

"Do you expect your system will sometime be generally accepted?"

"I formerly believed it would spread all over the world. I thought

every body would come into Communistic relations. I believe so still,

but I don't know how far our particular system will prevail. In heaven

there is only Communism, and why should it not be our aim to prepare

ourselves in this world for the society we are sure to enter there? If

we can get rid of our wilfulness and selfishness here, there is so much

done for heaven."

"That is a good point, certainly; but haven't you confidence in the

perpetuity of your Community?"

"I will not undertake to decide the question of its perpetuity. If

God wishes to have it continued He will see that it is done."



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BIMELER'S EFFECTIVE INFLUENCE.

A study of the constitution of the Society impresses one with

the ability and astuteness displayed in its provisions. It con-

fers the rights of equality and universal democracy upon the

members of the community while at the same time it deftly, and

to a cautious degree, institutes a "one man" power. This latter

feature is embodied in Article III, creating the office and defining

the scope of the authority of an "Agent General." This unique

public function was contrived solely for the benefit, and as far

 

"Joseph Baumeler was a remarkable man, I judge?"

"Yes; when he was our leader we knew everything would come out

all right. He had the superintendence of our business, and he was at

the same time our preacher, and cared for the spiritual interest of the

Community. He was also our physician. He was, indeed, a remarkable

man."

Jacob Ackerman is so sincere that he frankly admits that he is a little

discouraged about the future of Zoar-discouraged because the younger

generation do not come under the same earnestness that controlled the

original members. They fall into the fashions and ways of the world,

and will not brook the restraints that religious Communism requires.

The unfavorable condition of Zoar in this respect may well excite re-

flection. Evidently it is not enough that a Community had a religious

afflatus and intelligent, earnest men at its beginning. It must find means

to keep that afflatus alive and strong, and to replace its founders, as

occasion requires, with men of equal intelligence and earnestness; and

to this end ordinances become of great value.

The ordinances of the Zoar Community are few and weak. They

have nothing answering to mutual criticism, and no meetings except

on Sunday, and these are not generally attended, and are not of a kind

to elicit special interest or enthusiasm. I was present at one of them.

Not more than one-third of the members were there. The women sat

on one side, the men on the other, both facing the desk, from which

Jacob Ackerman read one of the discourses of Baumeler. The reading

was preceded and followed by the singing of a hymn, with the accom-

paniment of a small organ. No one except Ackerman said a word; and

he confined himself entirely to reading. There is no meeting, I was

informed, in which all take part-where all hearts flow together in unity

and devotion. Is it any wonder that the young people stay away, and

that they lose their attraction for Community life? A Community should

be an enlarged home, differing from the small home only in its increased

attractions and its greater facilities for improving character."  Hinds

American Communities, pg. 29, et seq.



The Separatist Society of Zoar

The Separatist Society of Zoar.          79

as it might be such, for the aggrandisement, of Joseph M.

Bimeler. By Article I, regulating elections, it will be observed,

that the Agent General was to be elected, "unlimited in term,

as long as he possessed the confidence of the Society."  But

this Consul for Life seems nowhere to have attempted to improve

or abuse the Napoleonic opportunity entrusted to him. Bimeler

was a most remarkable character. He must have been possessed

not only of unusual acumen but invincible probity. In a wider

field and under more favorable circumstances he might have

become a great and a national leader. It is to be seriously

regretted that more is not now known of his origin, early life

and personal incidents of his career. I failed to learn the date

or place of his birth or whether he came from Wurttemberg,

Bavaria or Baden, as all those sections of Germany contributed

members to the original (1817) emigration. It is claimed that

Bimeler was not primarily the protagonist of the communistic

scheme for the Zoarites but that his fellow settlers in the pioneer

home discerning his elements of popular premiership, advocated

the community of property and equality of person in order to

forestall his superiority and their subordination.31

As we have previously noted in this article, the emigrants

settled in primitive huts and cabins as separate families.  Any

surplus earnings, saved above their needs, were to be applied

to the purchase of a proportionate division of the land, held by

Bimeler in trust. But they made little headway. The poorer,

the older and the feeble could not hold their own. After two

years of this unequal struggle, several of the shrewder members,

who were jealous or fearful of Bimeler's growing supremacy,

proposed a common proprietorship. They urged this plan upon

the necessity of protecting the infirm and the indigent. This

project was not original or new to the proposers. They had

the example of the "Harmonists" before them. Bimeler, it is

said, reluctantly yielded to the communists. But once com-

mitted to it, he was its soul and mind, the "guiding spirit of

all their enterprises." And it is to his indefatigable labors and

31 History of Tuscarawas County, published by Werner, Beers & Co.,

Chicago, 1884.



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well directed efforts, it must be acknowledged, the Society was

indebted for its growth and prosperity.

Bimeler is attributed with no greater ambition than the

desire to have his fellow countrymen comfortably settled in their

new habitation, freed from debt and enjoying all the benefits of

"the land of the free and the home of the brave." He was bound

to his people with ties of deep and sincere sympathy. He was

the head of a great family, - and his guidance was a patriarchal

one. He was the first and only pastor of the Society, and con-

ducted its religious services during his life time. In this respect,

as we have shown, he had no successor and the religious life

as well as the financial growth of the commuity culminated under

Bimeler's administration.32 He was not only their spiritual guide

and adviser and agent in all temporal things, but he was also

"their physician to heal their bodily infirmities." He controlled

and managed everything.33 Certainly we have record of few men

so complete in character, so rounded in attainments and so ver-

satile in talent. He is credited with great social qualities and

while austere and decisive when dealing with his people as

occasion required, he nevertheless was genial and hospitable.34

 

32 They are tenants in common, and each member of the Com-

munity thinks of advancing his own interest only by furthering that of

the whole. They are called to a particular stand every morning, and

to each are assigned their respective labors for the day, by their director.

Their perfect harmony of feeling, unity of interest, simplicity of man-

ner, universal frugality and untiring industry, directed by an able finan-

cier, have enriched the whole, and have brought their premises into the

highest state of cultivation.

Jenkins' Ohio Gazetteer (1837), pg. 491.

33 Bimeler was the main engine; he had to do all the thinking, preach-

ing and pulling the rest along. While he had strength all went on

seemingly very well; but as his strength began to fail the whole con-

cern went on slowly. I arrived the week after his death. The mem-

bers looked like a flock of sheep who had lost their shepherd. Bimeler

appointed a well-meaning man for his successor, but as he was not

Bimeler, he could not put his engine before the train. Every member

pushed forward or pulled back just as he thought proper; and their

thinking was a poor affair, as they were not used to it.

Noyes' History of American Socialisms, pg. 136.

34 Henry Howe's visit to Zoar, 1846, related in Howe's History of

Ohio



The Separatist Society of Zoar

The Separatist Society of Zoar.              81

Click on image to view full size

 

He won their affection as well as their respect. One tradition

is that he acquired his position of influence and superiority by

his gentle manner and tender solicitude and kindness to the

sick on the vessel during the voyage to America. But the better

belief is that he was agreed upon as their Moses before they

left their Fatherland, for it is known that he was a recognized

teacher and leader among the German Separatists previous to

their departure.

We have alluded to the comfortable, if not rather luxu-

rious, mode of life indulged in by Bimeler. Aside from that

there nowhere appears any evidence of his taking any advan-

tage of his prestige. That he was incorruptibly honest is uni-

versally acknowledged. He had unquestioned full control of

the commercial affairs of the Society and no charge of mis-

management, much less misappropriation, was ever brought

against him. He held in his own name the title of all the prop-

erty of the Society. The trusteeship was not set forth in Haga's

deed to Bimeler but ten days before his death, by will, he acknowl-

edged the trust and bequeathed it all to the "Society of the Sep-

aratists of Zoar."35 The will and testament of Mr. Bimeler is a

model document and we herewith insert it in full:

 

I, JOSEPH MICHAEL BIMELER, of Zoar, Tuscarawas County, and State

of Ohio, being weak in body, but of sound and disposing mind, memory

and understanding, do make and publish this as my last will and testament.

That is to say: I give and bequeath all my property, real, personal, and

mixed, of whatever kind, be the same in lands, tenements, trust or other-

wise, bonds, notes, claims book accounts, or other evidences of debt of

whatever nature, to the Society of Separatists of Zoar, and its assigns, for-

ever; hereby declaring that all the property I ever held, real and personal,

within the county of Tuscarawas, has been the property of said Society,

and was held by me in trust for said Society, to which I now return it.

And I do hereby appoint John G. Grozinger, Jacob Silvan and Jacob

Ackerman, trustees of said Society, as my executors, to carry this, my last

will, into effect.

In testimony whereof, I have hereunto set my hand and affixed my

seal, this sixteenth day of August, A. D. one thousand eight hundred and

fifty-three.

[SEAL.]                               JOSEPH M. BIMELER

35 Michener's Annals of Ohio, p. 326.

Vol. VIII-6



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SIGNED, sealed and declared by the above named J. M. Bimeler, as his

last will and testament, in presence of us (the words " and its assigns for-

ever ", interlined before signing).

JACOB BLICKENSDERFER,

JOSEPH C. HANCE.

In personal appearance Bimeler is described as unprepos-

sessing. "He was physically imperfect, one of his eyes was much

larger and more prominent than the other," and as already stated,

he was lame and walked with difficulty. I sought diligently for

some picture or portrait of Bimeler, but was informed none was

ever known to exist.     He was averse to being reproduced

in "living colors on the glowing canvas," probably for

obvious reasons. We have reverted again to Bimeler's char-

acteristics that he may be accorded just position in the his-

tory of Zoar. Unquestionably his strong personality was the

main force that held the Society together and impelled it to

the zenith of its career. There was no one to fill his place; in-

deed, had his equal been found to succeed him, it is doubtful

if the Society could still have prospered or even continued un-

abated.36 The internal conditions were no longer the same and

the external influences were different and decidedly adverse.

Thus reads the recital of "the strange, eventful history" of

the Zoar community. The beautiful little berg, "loveliest vil-

lage of the plain," has burst the bonds of its seclusion and-

in the phrase of the day-joined the procession of American

progress. It could not stem the tide of conventional civiliza-

tion. What its future may be, time alone will disclose. Surely

there can be no one who has seen or known those simple and

true-hearted people that will not grant them the hearty wish

of Rip Van Winkle - "May they live long and prosper."

 

CONCLUSION.

From the days when philosopher Plato wrote his ideal

Republic (400 B. C.) down to More's Utopia (1516 A. D.) and

36 The facts of the history of the principal Communistic Societies of

the United States "teach that in proportion as a community loses the

afflatus of its first leaders and relies upon doctrines and the machinery

of governments, it tends to death; in other words, a community needs,

for its growth and progress in all stages of its career, a living power at

its center not inferior to that which it had in the beginning."

Hinds' American Communities, p. 153.



The Separatist Society of Zoar

The Separatist Society of Zoar.          83

 

on to the latest scheme, Bellamy's Equality, the political thinker

and sympathetic socialist has ever exercised the utmost powers

of his imagination to conceive of a perfected state of society

in which all shall be equal in rights, privileges, possessions and

enjoyments. America has been a fruitful field for such experi-

ments. Twice in our later social history have there been epi-

demics in communism- revivals in socialistic experiments, viz:

in 1824, when Robert Owen visited this country and through

the ardent advocacy of his views attracted a large following

known as "Owenites." Many efforts were made to practically

carry out his delusive doctrines. Those efforts were all short-

lived and financially disastrous. Again in 1840 the teachings of

the French Fourier (1772-1837) were popularly promulgated in

the United States and encouraged by many distinguished Amer-

ican scholars and writers. American Fourierism is particularly

interesting from the intellectual and literary coloring it received.

That picturesque and grotesque association for "agriculture and

education," the famous Brook Farm (1842) in which our most

brilliant litterateurs participated, was one of the conspicuous pro-

ducts of the Fourier movement.

It has been stated that beginning with the Jamestown

colony (1607), down to the latest one of note, that of Ruskin,

Tennessee (1894), some three hundred communistic societies,

in various phases, have been attempted in the United States.

Their average life has been about five years and there are alive

to-day perhaps twenty-five, mostly leading a precarious exis-

tence. The delightful dream of Bellamy has experienced many

rude awakenings. The plucky little Society of Zoar has run

its course and fought the good fight. Their simple record is

one of earnest endeavor and honest toil. The chronicler of the

times should not fail to faithfully recount their deeds and write

on memory's tablet the description of those Zoar days when

the peaceful villagers,

 

"Far from the madding crowd's ignoble strife,

Their sober wishes never learned to stray;

Along the cool sequestered vale of life,

They kept the noiseless tenor of their way."



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LEGAL DOCUMENTS.

We should regard this article incomplete unless accompanied

by the documents herewith appended. They mostly speak for

themselves. The articles of Association of April 1819 and the

amended articles of March 1824 have already been given on

pages 7-10 ante.

 

 

ARTICLES OF INCORPORATION.

 

TO INCORPORATE THE SOCIETY OF SEPARATISTS OF ZOAR, TUSCARAWAS

COUNTY.

SECTION 1. Be it enacted by the General Assembly of the State of

Ohio, That Joseph M. Bimeler, John G. Grosinger, Jacob Syfong, Michael

Fetters, Christopher Plotz, John George Lepold, Solomon Sala, George

Aukerman, Jacob Walz, Christian Hanzler, John Neff, Lewis Buck, Philip

Sell, George Ruff, Godfrey Kapple, Christian Weible, Conrad Lebold,

John C. Fetter, John Miller and John Fogle, and their associates be, and

they are hereby created a body politic and corporate, by the name of "The

Society of Separatists of Zoar," with perpetual succession; and by their

corporate name, may contract and be contracted with, sue and be sued,

plead and be impleaded, defend and be defended, in all courts of all and

equity, in this State and elsewhere; may have a common seal, which they

may break, alter, or renew at pleasure; shall be capable of holding prop-

erty, real, personal and mixed; either by purchase, gift, grant, devise or

legacy; and may sell, alien, dispose of and convey the same; and the

property and other concerns of the corporation, shall be under the man-

agement and control of Trustees appointed for that purpose; and said

corporation shall have power to form a constitution and adopt by-laws for

its government; to prescribe the number and title of its officers; and

define their several powers and duties; to prescribe the manner in which

members may be admitted and dismissed; and all other powers necessary

for its corporate concerns: Provided, That said constitution, by-laws,

rules and regulations be consistent with the constitution and laws of the

United States and this State; and Provided, also, that the clear annual

income of said Society shall not exceed one thousand dollars.

SECTION 2. That the persons named in the first section of this act,

or any three of them, may call a meeting of the society, by giving ten

days' notice thereof, by advertisement set up at the place of public wor-

ship in the village of Zoar, for the purpose of forming a constitution

and adopting by-laws for the government of said society, and of doing

such other business as may be necessary for the efficient management of

said corporation.



The Separatist Society of Zoar

The Separatist Society of Zoar.                85

 

SECTION 3. That the members of said society, or such number of

them, as by said laws shall be necessary, shall meet annually on the second

Tuesday of May, at the place of holding public worship, for the purpose

of electing officers of said corporation.

SECTION 4. That any future Legislature may amend or repeal this

act; Provided, such amendment or repeal shall not affect the title of any

real or personal estate, acquired or conveyed under its provisions, or

divert the same to any other purpose than that originally intended.

 

W. B. HUBBARD,

Speaker of the House of Representatives.

 

WM. DOHERTY,

Speaker of the Senate.

February 6th, 1832.

 

 

 

AMENDED ARTICLES OF INCORPORATION.

An Act to amend the act entitled, "An act to incorporate the Society

of Separatists of Zoar, in Tuscarawas County.

SECTION 1. Be it enacted by the General Assembly of the state of Ohio,

That so much of the second section of the act entitled, "An act to incor-

porate the Society of Separatists of Zoar, Tuscarawas County," passed

February sixth, one thousand, eight hundred and thirty-two, as limits

the clear annual income of said society to one thousand dollars, be and

the same is hereby repealed; and the society are hereby authorized to

receive a clear annual income of any sum not exceeding ten thousand

dollars.

SECTION 2. That if said society, for any cause, shall not elect offi-

cers on the day specified in said act, then any five members of the

society may order an election by giving at least ten days' notice by

posting up printed or written notices of the time and place of holding

such election in three of the most public places in the village of Zoar,

one of which shall be at the place of holding public worship.

SECTION 3. The fourth section of the act, to which this is an

amendment, be and the same is hereby repealed.

SECTION 4. This act shall take effect from and after its passage.

 

ELIAS F. DRAKE,

Speaker of the House of Representatives.

 

SEABURY FORD,

Speaker of the Senate.

February 21, 1846.



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ARTICLES OF AGREEMENT SIGNED BY THOSE BECOMING

MEMBERS OF THE FIRST OR PROBATIONARY CLASS.

We, the undersigned, members of the first class of Separatists,

party of the first part, and George Gasely, Jacob Ackerman and Chris-

tian Ruof, trustees elect, and their successors in office, of the Separatists'

Society of Zoar, in the County of Tuscarawas, and State of Ohio, party

of the second part, have, through confidence mutually reposed in one

another, established and by these presents do establish the following rules

and principles of social compact for the better fulfillment of the duties

of mankind, which we owe to one another, and also for the furtherance

of our spiritual and temporal welfare and happiness.

 

 

ARTICLE I.

We, the said party of the first part, do declare, that by our own

free will and accord we have agreed and by these presents do agree and

bind ourselves to labor, obey and execute all the orders of said trus-

tees and their successors in office; and from the day of the date hereof

henceforth to use all our industry and skill in behalf of the exclusive

benefit and welfare of the said Separatists' Society of Zoar, and continue

to do so, as long as strength and health will permit, to the entire satis-

faction of the said trustees and their successors in office.

 

 

ARTICLE II.

And we do also hereby agree and bind ourselves firmly by these

present, to put our minor children under the care and control of the said

trustees and their successors in office, in the same manner as if they

had been bound by indentures to serve and dwell with them and their

successors in office, for and during the term of their minority, subject

to all the duties and likewise entitled to the same rights and protection

as indentured children by law are subject and entitled to, until they

shall have attained their proper age as defined by the statutes of the State

of Ohio.

ARTICLE III.

And the said trustees do hereby for themselves and their successors

in office, agree and bind themselves to furnish the said party of the

first part with suitable dwelling, board and clothing, free of cost, the

clothing to consist at any time of not less than two suits, including the

clothes brought by the said party of the first part to this society; and in

case of sickness, necessary care and attendance is hereby promised to

the said party of the first part; and this performance of the trustees and

their successors in office shall be considered by the party of the first

part a full compensation for all their labors and services, done either



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by themselves or their minor children, without any further claim or de-

mands whatever.

ARTICLE IV.

Good and moral behavior, such as is enjoined by strict observance to

the principles of Holy Writ, are by both parties hereby promised to

be observed; hence, it is clearly understood that all profane language,

immoral words and acts, which may cause offense amongst the other

members of this community, are not only wholly to be avoided, but,

on the contrary, all are to endeavor to set good examples and to cherish

general and mutual love.

 

ARTICLE V.

The object of this agreement being, furthermore, to preserve peace

and unity, and as such can only be maintained by a general equality

among its members, it is, therefore, severally understood and declared

that no extra demands shall be made or allowed in respect to meat,

drink, clothing, dwellings, etc. (cases of sickness excepted), but such,

if any can be allowed to exist, may and shall be obtained by individuals

through means of their own and never out of the common fund.

 

ARTICLE VI.

All moneys, which the said party of the first part either now pos-

sesses or hereafter may receive into their possession, shall without delay

be deposited in the common fund of this society, for which a receipt, pay-

able on demand, is to be given; but upon the request of said party of

the first part, in order to procure extra necessaries, as the case may be,

a part or the whole of said deposit shall be refunded to the owner.

 

 

ARTICLE VII.

All manner of misunderstanding and differences shall be settled by way

of arbitration and not otherwise; that is,by a body of three or five persons,

to be chosen by both parties, and their decision shall be binding on

both parties.

 

ARTICLE VIII.

All rules and regulations contained in the foregoing articles (if any

there be which are not plain enough or are subject to misapprehension)

shall be so understood as never to be in opposition to but always in per-

fect accordance with the morals, usages, principles and regulations of

the members of the second class of the Separatists' Society of Zoar.

 

ARTICLE IX.

These articles being fully and fairly understood, to their strict

and faithful performance, both parties bind themselves in the moot



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solemn manner, jointly and severally, their children, heirs, executors,

administrators and successors in office by the penal sum of fifty dollars,

current money of the United States of America.

 

ARTICLE X.

If, in consequence of the foregoing, a penalty upon any one of the

parties to this agreement shall be laid, then, in case of refusal or

non-compliance, the party so refusing may be prosecuted for the same

before any magistrate or justice of the peace in the township, county

and state wherein the defendant may reside, and judgment may be had

agreeable to the laws of this state; and said magistrate or justice of the

peace shall forthwith proceed to collect such penalty and pay it over to

the party who, by law, is entitled to the same. In testimony whereof,

both parties have hereunto set their hands and seals this 14th day of

October, in the year of our Lord 1833.

 

 

 

 

TRANSLATION OF THE CONSTITUTION OF THE  SEPARATIST

SOCIETY OF ZOAR.

 

INTRODUCTION

TO THE CONSTITUTION OF THE SEPARATIST SOCIETY OF ZOAR.

Pursuant to an act of the Legislature of the State of Ohio, passed A. D.

1832, No. 126, entitled: "An Act to Incorporate the Society of Separatists

of Zoar, Tuscarawas, County, Ohio," we, the undersigned members of

said Separatist Society of Zoar and its vicinity have found it expedient

to renovate our hitherto existing Constitution, as contained in the follow-

ing articles:

In the name of God the Father, and Jesus Christ, the Son, and the Holy

Ghost, Amen.

In order furthermore to secure to our consciences that satisfaction,

proceeding from the faithful execution of those duties which the Christian

religion demands, and to plant and establish the Spirit of Love as the

bond of Peace and Unity for a permanent foundation of social order for

ourselves and our posterity forever, we, therefore, seek and desire, in

accordance to pure Christian principles, to unite our various individual

interests into one common stock and conformably with the example of the

Primitive Christians, all inequalities and distinctions of rank and fortune

shall be abolished from amongst us, and, consequently, to live as brethren

and sisters of one common family.



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Pursuant to the foregoing principle and resolution, we, voluntarily,

unite and bind ourselves by this joint agreement, under the name and title

of Separatist Society of Zoar. And we obligate ourselves, each to the

other, that we will hold to the following articles and rules, that we will

observe and support the same to the best of our abilities, which from the

day of the date thereof, shall be in force and virtue in law;

 

 

ARTICLE I.

 

REGULATING ELECTIONS.

All elections, for the divers necessary officers of the Society, shall,

agreeable with the provisions of the act of incorporation, be held on the

second Tuesday of May, annually, and in accordance with the statute of

the State of Ohio, be decided by ballot and majority of votes. On said

election day shall annually be elected one Trustee (extraordinary circum-

stances excepted); annually, one member to the Standing Committee;

quadrennially one Cashier, and one Agent General unlimited in term, as

long as he possesseth the confidence of the Society.

The time and place, when and where the election shall be holden, also

the number and kind of officers to be elected, shall be made known by the

Trustees of the Society, at least twenty days previous to the election, for

which purpose the Society, or any ten members thereof, shall, at each elec-

tion, appoint a committee of four persons whose duty it shall be to conduct

the election in conformity to the laws of this country.

The Society shall elect all its officers from amongst the members

thereof, whereby special reference shall be had to the necessary and requi-

site qualifications, integrity and faithfulness of the candidates.

 

ARTICLE II.

 

ELECTION OF TRUSTEES AND THEIR DUTIES.

The Society shall elect from amongst its members three suitable per-

sons as its Directors or Trustees, and their successors in office, who shall

take charge of the joint property of all undersigned members. Said

Trustees shall, as stated in the first article, be elected by majority and

agreeable to the following regulations: The majority for three years;

second majority for two years, and third majority for one year, and

after the expiration of one year, annually one Trustee. Should the case

occur, that two or more candidates of one and the same office receive

an equal number of votes, then the balloting shall be repeated, until a legal

majority be obtained. Each Trustee may remain in office for three years

in succession unless circumstances to the contrary, such as death, sickness,

absence, refusing to serve, etc., render such impossible; or in case the

misconduct of any one of said Trustees cause the Society to discharge one

or the other, and to fill such vacancy, as said Society may choose, which



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right of discharging and replacing, the said Society reserves itself, be-

fore the expiration of the ordinary term of three years, or even of one

year. Yet, each Trustee shall remain so long in office, until his successor

be chosen.

Said Trustees are hereby empowered and in duty bound to take charge

of all the property, real and personal, which this Society, either now or in

the future, may possess, including all property of newly accepted members,

movable and immovable, of whatever name and description it may be;

likewise are they authorized to receive all kinds of legacies, donations and

personal claims, in fine every species of property to which any one of the

members may at any time have just claim, to demand and collect the same

by legal proceedings, and shall appropriate and apply the same conscien-

tiously to the best of their knowledge and skill, in behalf and for the

exclusive benefit, use and advantage of said Society. And it shall also

be the duty of said Trustees, carefully to furnish each member, without

respect to person, with board, clothing and dwelling and other necessaries,

alike in days of sickness and of health, as good as circumstances will

allow. Said Trustees shall furthermore take charge of the economical

affairs Of this Society, to consult over and direct all the business, and

consequently to assign to each individual member its duty and work to

be performed, to which at least the majority of said Trustees, if not all

of them, shall be agreed. Said Trustees are hereby empowered to appoint

sub-trustees or agents, as many and to whatever purposes they may see

proper and necessary, and all such sub-trustees or agents shall be

responsible to the said Trustees for all their transactions. Said Trustees

shall fill the different branches of economy with suitable persons, who shall

conduct the same subject to the control of said Trustees, and liable to like

responsibility for the conduction thereof as other sub-trustees or agents.

But all resolutions in regard to important undertakings shall be submitted

to and subject to the approbation of the Standing Committee, and said

Trustees shall at all times be responsible for all their transactions to said

Standing Committee. Casual discord, differences and misunderstandings,

shall throughout, by way of arbitration, be settled amicably by the Trustees

of said Society. In case that this cannot be accomplished by and through

said Trustees, then the court of arbitration or appeal, cited in subsequent

articles, shall solely decide.

As the said Trustees are, by this article, bound to maintain and pro-

mote peace and order in the Society, they are furthermore hereby author-

ized to propose to the board of arbitration or standing committee such

regulations and improvements calculated to facilitate those purposes, and

if a majority of both bodies approve of the measures thus proposed, as

proper and necessary, they shall thereupon be recommended to be observed

as such, provided that such amendments be in no wise contradictory to

these articles.



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ARTICLE III.

 

ELECTION AND DUTIES OF THE AGENT GENERAL.

In order, partly to simplify, and likewise in many instances to ease

the business and duties of the Trustees, the Society shall elect an Agent

General who shall act for and in the name of said Society. He is hereby

authorized to buy and to sell, make and conclude contracts, and to dis-

continue or annul them again; to employ agents beyond the circle of the

Society, and to correspond with them; also to issue, and again to accept

orders; to direct and to superintend, to the welfare of the Society, all its

trading and commercial concerns; in fine, all affairs, which, in any wise

appertain to the aforesaid line of business, of whatever name, shape and

description they may be, shall be carried on under his direction and super-

intendence. In like manner shall all the manufactures and similar works

be under his superintending care, to the furtherance and improvement of

which he shall pay due regard and so regulate them in such a way and

manner, as he shall from time to time find it most conducive to the general

good of said Society.

The Agent General shall furthermore be entitled to appoint sub-agents,

when and as many as he shall stand in need of, who shall be empowered

to transact, in his name, all such business as he shall see proper to charge

them with, and said sub-agents shall be held responsible to the Agent

General for all their transactions. And said Agent General shall, in ap-

pointing sub-agents, act by and with the consent of the Trustees, whose

concurrence shall also be necessary in all undertakings of moment and

importance. And for the due administration of the powers and duties

hereby committed to his care and charge, he shall be accountable to the

Standing Committee of the Society.

All deeds, mortgages and similar instruments of writing shall be

executed in the name of the Trustees, and be placed to the safekeeping of

the Agent General.

ARTICLE IV.

 

ELECTION AND DUTIES OF THE STANDING COMMITTEE.

By virtue of these articles the Society shall elect from amongst its

members a Standing Committee, which shall consist of five persons, but in

case a vacancy of one or two members thereof should occur, either by

death, sickness, absence or otherwise, then the three remaining members

shall be capable of transacting business, until the next succeeding election.

This committee shall be invested with the concentrated power of said

Society, and shall execute all those duties which are marked out for it

in this constitution. In all extraordinary cases shall this Standing Com-

mittee serve as a Court of Appeal, and shall, as the highest tribunal, be

hereby empowered, to decide as such, and the judgment thereof shall be

final and binding in all cases, provided, that no complaint shall be brought



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before it for decision, except by way of appeal, that is, in case one or

both of the contending parties should be dissatisfied with the decision

of the Trustees. Trustees can never at the same time be members of this

committee. The election of said committee shall be so regulated that

annually one member to said committee shall be elected, and that each

member hold the office for five years successively, and are at all times

eligible again, as long as they possess the confidence of said Society.

 

ARTICLE V.

 

ELECTION OF THE CASHIER AND HIS DUTIES.

The Society shall choose a Cashier or Treasurer, to be elected for

the term of four years, and shall after the expiration of such term be

eligible again, as long as the Society entrust him with the station. Said

Cashier shall take charge of, and duly administer to all its financial con-

cerns, and beside him none of the members shall be entitled to hold any

money without order from the Cashier; even the Trustees and the Agent

General shall deliver up all monies, notes, bonds, checks, etc., as belonging

to the Society, into the treasury without delay, and every transgressor of

this provision shall by any member or person whosoever, be prosecuted

for the same before the Trustees of the Society, and shall be treated by

them according to the provisions of the tenth article.

It shall also be the duty of the Cashier to appropriate and apply

all monies received, conformably to the direction of the Trustees, the

Agent General and the Standing Committee, exclusively to the benefit

of the Society; to pay the Society's debts; defray its general necessaries,

and to credit said Trustees with the surplus fund. All and every person

who have charge over any one or more of the branches of economy, shall

hand in their accounts to the Cashier at such time as he shall see proper

to order the same. And the Trustees are hereby entitled to request from

the Cashier an annual account of his transactions, if they deem it necessary.

The Cashier shall have the right, if circumstances require it, to ap-

point a clerk to keep regular records of elections, and of such other import-

ant measures, which the divers officers shall deem necessary.

 

 

ARTICLE VI.

 

DELIVERY OF PROPERTY, AND DUTIES OF THE MEMBERS.

We, the undersigned, members second class of the Separatist Society

of Zoar, declare by these presents, that all our property, of all and every

description, which we either now or in future may possess, movable or im-

movable, or both; together with all claims, titles, rights, devise and

legacies, etc., of whatever kind and name they may be, as well for our

own selves, as our descendants, heirs, executors and administrators, shall



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be forever given up to said Society, with the express condition, that such

property shall, from the date of the signature of each member, forever

henceforth, consequently after the death of each respective member, be and

remain the exclusive property of said Society. Also do we promise and

bind ourselves, most faithfully and industriously to execute all the orders

and regulations of said Trustees and their sub-trustees or agents, without

opposition and murmuring; and we likewise agree to apply all our strength,

good will, industry and skill, for life, to the general benefit of said Society,

and to the satisfaction of its Trustees. Likewise do we promise and

agree, under the same conditions and regulations, to place our children,

whilst they are in a state of minority, under the directions and regulations

of said Trustees, in same manner, as if they were legally bounden by

lawful indenture, to them and their successors in office, until they shall

have attained their proper age, as defined by the laws of this State.

 

 

 

ARTICLE VII.

 

ACCEPTANCE OF MEMBERS.

In accepting new members, the following rule and order is to be ob-

served: Each and every person wishing and desiring to become a member

of the second class of this Society shall first of all have attained to the

lawful age, that is, a male person shall be twenty-one and a female eighteen

years of age; secondly, shall such person or persons have lived in, and

dwelled with the Society, for the term of at least one year, and shall have

been a member of the first class, of this Society, (without exception, if

even born and educated in the Society) and provided, that they have

faithfully fulfilled the contract, previously concluded with the Trustees of

this Society at their entrance into the first class. If such person or per-

sons can show forth the aforementioned qualifications, and the resolution

not being prematurely made, but who, by their own free will and accord,

self-convinced, are so resolved, such person or persons, shall make known

their intention to one or more of the Trustees, whose duty it shall be to

hear such person or persons, and if, after having taken the applicant's

motives into consideration, no well-founded causes for rejection or post-

ponement be found, then said Trustees shall make it known to the Society

at least thirty days previous, and appoint the time and place, when and

where such signing shall be performed; and if, during such interval no

complaints or objections from the part of the Society, or any of its indi-

vidual members against such person or persons be made, thereupon they

may be admitted to the signing of this constitution, and after signing

such, are thereby constituted members of the second class of the Society

and shall be considered and treated as such; provided, that, in case such

new member shall have kept secret any of its contracted debts or other

obligations, foreign to the Society, such member shall have forfeited all



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privileges and rights of membership, in case sufficient proof be found to

establish the fact.

ARTICLE VIII.

 

EDUCATION INSTITUTE.

In accordance with this article the Society shall keep or establish a

general education institute for all the children in the community, at the

head of which such male or female overseers shall be placed, whose quali-

fications shall be found best suited for said purpose. And agreeable

to this proviso, all the parents of children in this Society, bind themselves

by these presents, to deliver up and place their children, after having

arrived at the third year of their age, or sooner, to the overseers of said

institution, where such children shall receive, according to their age and

faculties, appropriate education and tuition. Said overseers shall be chosen

and engaged by the Standing Committee, subject to the express duty, that

they shall exert their best endeavors and care to give those children,

placed under their care, as well in moral as physical consideration, the

best possible education, thereby having in view, not only the attainments

of scientific branches of knowledge, but also gradually to train them to

performing the divers branches of manual labor. And it is hereby made

the duty of said committee to keep a strict superintendence over this

institution; and they shall also be authorized to place such children, as

soon as their age, abilities and bodily constitution will permit, under the

control of the Trustees, who shall give them such employment, as they

may be able to perform.

ARTICLE IX.

 

POWER OF THE TRUSTEES TO COLLECT AND TAKE CHARGE OF HERITAGES, ETC.

This article authorizeth and empowereth the Trustees and their suc-

cessors in office, in the name of the Society, to hold and take possession of

all remaining property of deceased members, with all their rights, titles

and claims whatsoever, to demand, or cause the same to be demanded and

collected; and finally, they are hereby invested, as the universal heirs in

the name of the Society, to act with full right and power, as if such de-

ceased person or persons were yet living, themselves demanded and ac-

quitted for the same; hence, the children, friends and relatives, whether

they be in or without the Society, can not be or become heirs to such an

heritage of a deceased member, since all property forever is, and shall

remain the portion of said Society. And the Trustees of said Society are,

and shall be hereby authorized to empower other suitable persons in or

out of the Society, to demand and collect, or cause to be demanded and

collected, monies, estates and effects of persons either yet living or de-

ceased, in same manner, as if such person or persons, for whom such was

done, had themselves demanded and collected the same, received it and

receipted therefor.



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ARTICLE X.

 

CONTENTIONS, ETC.

Casual contentions between two or more members, and complaints of

whatever kind and description they may be, shall be brought before the

Trustees and by them to be examined and settled. But, in case one or

the other party should not be satisfied with the decision of said Trustees,

or should any one or more of the Trustees themselves be envolved in

such contentions, etc, then appeal may be had to the Standing Committee

or Court of Appeal, whose decisions shall in all cases be final and binding;

whosoever shall act contrary to this provision, and will not be satisfied

with their judgment looseth and debarreth him or herself of all further

enjoyments and rights of a member.

 

 

ARTICLE XI.

 

SECEDING MEMBERS.

Should any member or members find cause to secede from the Society,

they shall make known such their intentions to one or more of the Trus-

tees, whose duty it shall be to notify the Society thereof, in order that if

any complaints be existing against such member or members, they may

betimes brought forward to said Trustees, who shall thenceforward act

in respect to them agreeable to all the attending circumstances. But

should any seceding member or members, unknowingly to the Trustees,

have contracted any debt or debts upon the community, or been the cause

of subjecting the Society to any costs or injury, in such case said member

or members shall make satisfactory restitution, or otherwise render such

indemnification as the said Trustees shall demand, and in case such seceder

or seceders should not content themselves with the judgment of said

Trustees and refuse to make such satisfactory restitution, in that case

both parties, the Trustees and seceding members, shall be entitled to an

appeal to the Standing Committee, and the decision thereof shall in al1

cases be binding and final. Should any person or persons, notwithstand-

ing this provision, be dissatisfied, and apply to a court of justice beyond

the limits of the Society for assistance, in such case they are also hereby

bound to render due indemnification for all damages and loss of time

thereby caused to and sustained by said Society.

In case any seceding person should refuse to comply with the demands

of the Trustees, in pursuance of the decision of the Standing Committee,

the Trustees shall be authorized to prosecute such person or persons, and

by course of law to bring them, or cause them to be brought to the due

fulfillment of the duty or payment as aforesaid. Furthermore shall the

committee be authorized to act in like manner with all those, who can

account of acting contrary to duty and good order, have been expelled



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from the Society, to expunge their names and signatures, and to excom-

municate them from all further enjoyment and right of a member of

this Society. Neither the seceding persons, who leave the Society of their

own accord, nor those who are expelled therefrom, can ever, by virtue

of their signatures, and by the provisions of this article, under no pre-

tense whatever, in no wise, make any demand or claim, either upon prop-

erty brought to the Society, or for their labor, or any other services, which

they may have rendered the Society, in whatever the same shall have

consisted, notwithstanding; yet such person or persons may, if they

choose, submit such their pretensions to the Standing Committee, whose

opinion shall decide, whether or not, or under what condition such appli-

cants shall be entitled to receive any indemnity.

All judgments of the committee, issued pursuant to the foregoing

prescriptions, shall be made out in writing and recorded in a book to be

kept for that purpose, which shall in all courts of law and equity be con-

sidered as valid and incontestable. Each given judgment of said com-

mittee shall be handed over to one or more of the Trustees, by virtue of

which he or they are authorized to execute such judgment, or cause it to

be executed, either on voluntary terms, or by the ordinary process of law.

This constitution shall never, in any wise, be broken or annulled by

dissatisfied or seceding members.

 

 

ARTICLE XII.

 

CONCERNING THE CONSTITUTION.

The Society can at any time, whenever deemed expedient and neces-

sary, alter this their constitution, or any one of the articles thereof, or

add thereto, provided, that such alteration or addition shall always be

founded upon the principles of Unity and Conservation of the Society,

and only then practicable if at least two-thirds of all the members be in

favor of it. In no wise shall this present renewed constitution ever be

viewed as declaring or representing ineffectual and void the articles

signed by the members on the fifteenth day of April, 1819, and those of

the fifteenth day of March, A. D. 1824; on the contrary, said articles

shall be acknowledged as the basis to this present constitution.

All unintelligibleness, equivocation, or deficiency, which, peradventure,

might exist in this constitution, shall always be construed and treated in

favor of the Society, and never to the advantage of individual members.

At least annually, at a suitable time, shall this constitution be publicly

read at the place of public meeting.

Written and concluded in Zoar, Tuscarawas county, State of Ohio, the

fourteenth day of May, in the year of our Lord one thousand eight hun-

dred and thirty and three.



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INCORPORATION OF THE VILLAGE OF ZOAR.

To the Honorable, the Board of Commissioners of the County of Tus--

carawas, and State of Ohio:

The undersigned householders, resident in the Town of Zoar, Tus-

carawas county, Ohio, respectfully ask the following territory with the

village of Zoar as its center, be incorporated and be known and designated

as the incorporated Village of Zoar, to-wit: Beginning in the middle of

the E. line of the 4th qr. of Tp. 10 in Range 2 of the U. S. Military lands,

thence W. on a line parallel with the S. line of said qr., Tp. 400 rods

to the middle thereof, thence N. by a line parallel with the E. line of said

qr. Tp. 400 rods to the middle of the N. line of said qr. Tp., crossing said

line and continuing N. in the same direction 80 rods to a point, thence

E. on a parallel line with the N. line of said qr. Tp. 560 rods, to the S. W.

corner of 40 acres, belonging to the estate of D. K. Nixon, in the N.

half of Sec. 15 in Tp. 10 and Range 1, thence due S. through lands of

the Zoar Society, by a parallel line with the W. line of said Sec. 480 -

to the road leading from John Bayley's farm to Zoar, thence W. in the

said road and crossing the road leading from Zoar Station to Zoar,

and also crossing the Tuscarawas river, in the same direction 160 rods

to the place of beginning. The proposed number of inhabitants residing

in the proposed corporation is about three hundred and twenty (320).

The petitioners hereby appoint Simon Beiter as their agent.

JACOB ACKERMANN, SR.,                                JOHN GROETZINGER,

JOHN G. RUOF,                                                     SAMUEL RICKER,

SAMUEL HARR,                                                   LEVI BIMELER,

CLEMENS BREIL,                                                 JACOB BREYMAIER,

ANDREW GOUTENBEM,                                   DAVID BEUTER,

CHRISTIAN RUOF,                                              LORENZ FRITZ,

OBED RUOF,                                                         FREDERICK BREIL,

LoUIS ZIMMERMAN,                                          SOLOMON BREIL,

SIMON BEITER, SR.,                                            JULIUS NOTTER,

JACOB BURKHART,                                            JONATHAN BENTER,.

ANTON BURKHART,                                          BENJAMIN RICKER,

GOTTLIEB SEIZ,                                                  SIMON BEITER, JR.,

SEBASTIAN BURKHART,                                  JACOB KUEMMERLE,

JOSEPH BREYMAIER,                                         JOHN RICKER,

AUGUST NEUMANN,                                         CHRISTIAN HOYH,

JAKOB RICKER,                                                   JOHN RUOF,

CHARLES ZIMMERMAN,                                   CHARLES BREIL,

EDWARD BEUTER,                                             WILLIAM KAPPEL,

CHRISTIAN ACKERMANN,                               WM. EHLERS,

CHRISTIAN J. RUOF, JR.,                                    MICHAEL MUELLER,

JOHN BREYMAIER,                                             HENRY EHLERS,

Vol. VIII--7



98 Ohio Arch

98         Ohio Arch. and His. Society Publications.

 

DAVID BREYMAIER,                                         FRANZ STROBEL,

JOHN NOTTER,                                                 JAKOB BUEHLER,

BAINARD BEUTER,                                            AUGUST KUECHERER,

BURNHART BEITER,                                           WILLIAM KUECHERER,

JOHN KUECHERER,                                            JOHN BEITER,

JOHN STURM,                                                   LEVI BEITER,

JOHN C. BREYMAIER,                                  MATHIAS DISCHINGER,

BENJAMIN BEITER,                                           LEO. KERN,

JACOB ACKERMANN, JR.,                               CHARLES KAPPEL.

JOHN D. BIMELER,

 

 

Notice is hereby given that a petition praying for the incorporation

of the Village of Zoar, and adjacent territory, as a village, has been

presented to the Commissioners of Tuscarawas county, Ohio, and that

the same will be for hearing on Wednesday, May 7th, 1884.

SIMON BEITER, Agent.

Mar. 13 W. 4.

 

 

THE STATE OF OHIO,

TUSCARAWAS COUNTY,

I, Addison M. Marsh, being duly sworn say that the notice here-

unto attached was published in the Tuscarawas Advocate, on the 13th day

of March, A. D. 1884, and continued therein four consecutive weeks,

during all of which time said newspaper was printed and in general

circulation in said county.

ADDISON M. MARSH, Publisher.

 

Sworn to and subscribed before me this 5th day of June, 1884.

P. S. OLMSTEAD, J. P.

Printer's fees, $2.50.

 

Commissioners Journal, Tuscarawas county, Ohio, Wednesday, March

5th, 1884. In the matter of the Incorporation of the Village of Zoar, the

Petition of Jacob Ackerman, Sr., and sixty other citizens of said village

having this day been, by their agent, Simon Beiter, filed with the Board

of Commissioners for Tuscarawas county, Ohio, praying for the incor-

poration of said village, under the name and style of the Incorporated

Village of Zoar, together with an accurate plat of the territory sought

to be incorporated, and it appearing to said Board that the matter of

said petition was proper to be set out therein, thereupon on said day

it being at a regular session, said Commissioners caused said petition,

together with the attending plat to be filed in the office of the County



The Separatist Society of Zoar

The Separatist Society of Zoar.               99

 

Auditor, and ordered that the time and place of hearing on said petition,

should be Wednesday, May 7th, 1884, at 10 o'clock A. M., and at the

Auditor's office of said county, in New Philadelphia, Ohio, Simon Beiter,

agent, was then and there notified of said time and place of hearing.

Wednesday, May 7th, 1884. In the matter of the petition of Jacob Acker-

man, Sr., and sixty others, for the incorporation of the village of Zoar,

for hearing on this day, the same is postponed until Tuesday, June 3d,

1884, and leave granted to petitioners to amend petition. Tuesday, June

3d, 1884. In the matter of the incorporation of the Village of Zoar,

hearing on which application was adjourned to, this day came Simon

Beiter, agent for said village and on leave hereintofore granted, filed

amended petition, Map and Plat of Territory described therein. This

matter came on for hearing in said amended petition, whereupon the

Board find that said petition contains all the matter required, that its

statements are true, that the name proposed is appropriate, that the

limits of the proposed incorporation are accurately described and are not

unreasonably large or small, that the plat is an accurate Plat of the

Territory sought to be incorporated, that the persons, whose names are

subscribed to the petition are electors residing on the Territory, that

notice has been given as required of the hearing on this application, and

that there is the requisite population for the proposed incorporation.

Therefore it is ordered by the Board of Commissioners for Tuscarawas

county, Ohio, that the prayer of the petitioners be granted and that the

village of Zoar be and hereby is established an Incorporated Village

under the name and style of the "Incorporated Village of Zoar."

H. B. HEFFER,

SAM'L RUFER,

WM. E. LASH,

Commissioners of Tuscarawas County, Ohio.

Filed with the Secretary of State, August 25, 1884.

 

 

 

DEED OF THE PROPERTY BY THE TRUSTEES TO THE MEMBERS

ON THE SEPARATION OF THE SOCIETY.

This deed, the result of the division of the realty belonging to the

Society, is an unique document. The entire distribution of the prop-

erty into the respective shares is embraced in one deed by the trustees

of the Society to the grantees-the recipient members of the dissolving

Society. By the permission of the County Surveyor, Mr. George E. Hay-

ward, the plat showing the respective allotments, both in the village

and the farm land to each member, is published and accompanies this

volume. The village cemetery, church and school properties were re-

served public possessions for the village.-E. 0. R.



100 Ohio Arch

100         Ohio Arch. and His. Society Publications.

 

 

DEED OF THE DISTRIBUTED REALTY.

THE SOCIETY OF SEPARATISTS OF ZOAR

TO

CARL. EHLERS, ET. AL.

Know all men by these presents that whereas we, Carl Ehlers, Louisa

M. Ehlers, Charles J. Breymaier, Otelle Bimeler, Peter Bimeler, Mary

Bimeler, Ernestine Breil, Mary Breil, Charles Breil, Clemens Breil, Flora

Burkhart, Christian Ruof, Jr., Matilda Ruof, Conrad Breymaier, Char-

lotte Breymaier, Jacob Breymaier, Caroline Breymaier, Caroline Kuem-

merle, Levi Beuter, Caroline Beuter, Jonathan Beuter, Pauline Beuter,

Gottlieb Seitz, Anna Seitz, Pauline Kuecherer, Albert Kuecherer, Selma

Ruof, Jacob Kuemerle, Johana Kuemerle, Rosina Roth, Barbara Wetter,

Jacob Buehler, Joseph Buehler, Thersie Buehler, Levi Bimeler, Caroline

Bimeler, Anton Burkhart, Salome Burkhart, Bertha Kuecherer, Rudolph

Ruckstuhl, Sarah Ruckstuhl, Simon Beuter, Jacob Burkhart, Emilie Burk-

hart, Frank Ackerman, Louisa Ackerman, Jacob Ricker, Lydia Ricker,

Joseph Beuter, Caroline Beuter, Bernhart Beiter, Mary Beiter, Albert

Beuter, Alma Beuter, John Beiter, Elizabeth Beuter, Sebastian Burkhart,

Regina Burkhart, Leo Kern, Sabina Kern, Geo. Ackerman, Wilhelmine

Ackerman, David Beuter, Amanda Beuter, Elizabeth Ricker, Anna Maria

Peterman, Joseph Bimeler, Amelia Bimeler, Mathias Dischinger, Jacobine

Dischinger, Jacob Dischinger William Kappel, Wilhelmina Kappel, Simon

Beuter, Jr., Rosena Beuter, Christian Hoyh, Mary Hoyh, Joseph Brey-

maier, Bertha Breymaier, Jacob Ackerman, Mary Ackerman, Josephine

Ackerman, Elizabeth Mock, Christian Ruof, Mary Ruof, Benjamin Beu-

ter, Salome Beuter, Charles Kappel, Wilhelmine Kappel, Jacob J. Sturm,

Ellen S. Sturm, John Ruof, Caroline Ruof, John Groetzinger, Lea

Groetzinger, Regina Breymaier, Elizabeth Fritz, John Ackerman, Charles

Zimmerman, John Sturm, August Kuecherer, Barbara Kuecherer, C. F.

Sylvan, Lydia Sylvan, John Bimeler, Louisa Bimeler, Mary Sylvan,

Rosina Harr, Ella Rieker, Louisa Zimmerman, Louis Zimmerman, An-

toniette Zimmerman, Julius Notter, Rebecca Rotter, Andreas Gauter-

bein, Louisa Gauterbein, Christiana Strobel, John Kuecherer, Rosena

Kuecherer, Lawrence Kuecherer, Emelia Burkhart, Obed Ruof, Eliza

Beiter, Emma Heid, Lillian Ruof, Josephine Ruof, Hattie Ackerman,

Edwin Breil, William Kuemerle, John Buehler, John Ricker, Orthoford

Kappel and August Kuecherer, Jr., members of the second class of the

Society of Separatists of Zoar, all of the County of Tuscarawas and State

of Ohio, and the only living members of said second class, on the 10th

day of March, A. D. 1898, together with Christian Ackerman and Fred-

erick Breil, both of whom have since died, entered into a written contract

of that date as between ourselves, the said Christian Ackerman and

Frederick Breil and the Society of Separatists of Zoar, a corporation,



The Separatist Society of Zoar

The Separatist Society of Zoar.               101

 

provided among other things for the partition and division among us

and the said Christian Ackerman and Frederick Breil of all the real estate

of said The Society of Separatists of Zoar, with the exception of certain

reservations specifically set forth in said written contract, the legal title

to all of said real estate was then and still is in the name of the said

The Society of Separatists of Zoar, and held by it in trust for us and

said two deceased members and their respective heirs, and which said

written contract is of record in the minute book of the said Society on

page 30 to 48 both inclusive, which book is in the office of said Society in

the village of Zoar in said county, and in the custody of Louis Zimmer-

man, as Treasurer of said Society, reference to which record is hereby

made.

And whereas by the terms and provisions of said written contract,

We, together with the two deceased members, selected and appointed

Samuel Foltz, Henry S. Fisher and William Becker Commissioners to

make said partition and division and to designate in their report and

statement by numbers and on a plat to be prepared by George E. Hay-

ward, the surveyer selected by us and said two deceased members, the

parts and portions of said real estate which each of us is to receive as

our respective shares and allotments and the respective shares and allot-

ments of each of said two deceased members.

And whereas the said commissioners have fully performed their

duties required of them by the terms of said written agreement and have

made their statement and report in writing and had said plat prepared as

required by the terms of said contract, and which statement and report

is in the words and figures following and is the original statement and

report, to-wit:

We, the duly selected and authorized Commissioners for the pur-

pose of sub-dividing, allotting and apportioning the lands (and appur-

tenances thereto belonging) of the Society of Separatists of Zoar, Ohio,

designated to us for that purpose, do hereby make the following report

of our findings and action in said division and allotment and declare

that to the best of our ability and judgment we have made an equitable,

just and impartial partition and allotment of the real estate of said

Society submitted to us for that purpose.

In making such division it has been with the idea, first to make a

complete appraisement and invoice of all said real estate without reference

to persons or location.

The appraisement being conducted by personal visits to all tracts in

question, the boundaries and limits being duly designated by us and after-

ward surveyed, computed and compiled by the surveyor.

After arriving at the result and sum total the partition was con-

ducted with a view to giving so far as practicable, village property, agri-

cultural lands and timber lands to each of the parties in interest severally

or jointly when so requested.



102 Ohio Arch

102         Ohio Arch. and His. Society Publications.

 

Authorized Report of Division Commissioners.

We met and organized May 2, 1898, and the work of appraisement

began May 12, 1898. Geo. E. Hayward acted as our clerk throughout

the work.

Following the terms of the signed contract we do hereby certify that

we, in conjunction with the duly authorized and appointed surveyor,

Geo. E. Hayward, have gone over the land allotted and have found it

to be in accordance with our wishes, and we approve of the returns of

said surveyor as shown by monuments and the plat of the land, and we

have personally inspected this report and find that it shows the result

of our action and that the work of the Clerk is hereby approved.

(Following this are the divisions and allotments, by metes and

bounds, which are omitted here as being not pertinent to the purpose

of this document.-E. 0. R.)

SAM'L FOLTZ,

WM. BECKER,

HENRY S. FISHER.

Division Commissioners.

Signed Sept. 1, 1898, at Zoar, Ohio.

GEO. E. HAYWARD, Clerk.

 

And whereas by the terms and provisions of said written contract

we and each of us, and each of said deceased members, covenanted and

agreed one with the other and each one with all the others, that we and

the said Christian Ackerman and Frederick Breil would accept the allot-

ments and parcels of said real estate which should be set apart to us

respectively by the said commissioners as our respective shares of the

whole from which said allotments should be made, and that each of us

would then by a proper deed of conveyance executed and delivered, re-

lease all our respective rights, title and interest and estate to each of

the others of us in and to the respective allotments and parcels set apart

to us respectively and would do and perform all things necessary on our

respective parts to make good title to the respective owners of said allot-

ments and parcels. Now, therefore, we and each of us in consideration

of said written contract and for the purpose of fully carrying out its

provisions in regard to said real estate on our respective parts as well

as in consideration of the sum of one dollar to each of us in hand paid

by each of the others of us, the receipt of which is hereby acknowledged,

do hereby demise, release and forever quit claim to each other and to

their respective heirs and assigns forever, all our right, title and interest

and estate, legal and equitable, in and to the several parcels and allot-

ments designated by numbers to each of us respectively in the said state-

ment and report of the said Commissioners, and designated by the same

numbers and by our respective names on the parcels allotted to us re-

spectively upon the said plat of said allotment of said lands, a copy of



The Separatist Society of Zoar

The Separatist Society of Zoar.                 103

 

which plat is hereto attached and made a part and pared of this deed

of conveyance, and said original plat will be found on the plat records

of said Tuscarawas County, each of us excepting and reserving our re-

spective right, title, interest and estate in and to the parcels and allot-

ments so designated in said statement and report and on said plat to

each of us.

In witness whereof we and each of us have subscribed our names

this 20th day of September, A. D. 1898.

(Signatures following next omitted).

(Certificate of Acknowledgment follows here).

And whereas the said The Society of Separatists of Zoar, a corpora-

tion organized under the laws of the State of Ohio, and named in the

foregoing deed of conveyance of the members of the second class of

the said The Society of Separatists of Zoar, by John Bimeler, Joseph

Breymaier and Christian Ruof, its duly elected and qualified Trustees,

being duly authorized and empowered thereto by a resolution entered in

the minute book and journal of the said Society on the 10th day of March,

A. D. 1898, for and on behalf of the said The Society of Separatists of

Zoar, executed the written contract mentioned in said foregoing deed of

conveyance, reference to which is hereby made, whereby they covenanted

and agreed with all the members of the second class of the said The

Society of Separatists of Zoar, named in the foregoing deed of convey-

ance, that they would when the division and allotments provided for in

said written contract should have been made and accepted by said mem-

bers, by proper deed or deeds convey the legal title to each of said parcels

and allotments to the respective parties to whom the same should be

awarded by the commissioners named in said written agreement.

And whereas the said Commissioners have made their statement and

report in writing and have in said written report designated by consecu-

tive numbers the parts, parcels and allotments awarded by them to the

members of the second class respectively, who are now living, and to

the respective heirs of Christian Ackerman and Frederick Breil, two of

said members of the second class who have died intestate, leaving heirs

since they signed said written contract and have caused to be prepared

by George E. Hayward, the surveyor selected and appointed by the said

members of the second class, by the terms of said written contract a

plat of said division and allotment on which is designated by the same

numbers and the respective names of the said several members of the

second class the parts and portions of said real estate awarded to each

of said living members and to the heirs of the said two deceased members,

and showing by said numbers and names the parts and portions awarded

to some of said members jointly and the others thereof severally, which

written report and statement of said commissioners is incorporated into

and is a part of the said foregoing deed of said members and is hereby

made a part of this deed of conveyance, and a copy of said plat is attached



104 Ohio Arch

104        Ohio Arch. and His. Society Publications.

 

to and made a part of said foregoing deed and is hereby made part and

parcel of this deed of conveyance, and the second of which plat will be

found in plat records of said Tuscarawas County, and whereas the said

living members and each of them have accepted their respective portions

and allotments as designated in the said commissioners report and on

said plat as aforesaid, and have executed and delivered their foregoing

deed of release as between themselves and have fully complied with the

terms of said written contract on their part to be performed in respect

to the division of said real estate.

Now, therefore, in consideration of the foregoing premises and for

the purpose of carrying into effect the terms and provisions of the afore-

said written contract, as well as in consideration of the sum of one hun-

dred dollars to it in hand paid and the receipt whereof is hereby acknowl-

edged, the said The Society of Separatists of Zoar, has bargained and

sold and does hereby grant, bargain, sell and convey unto the said ......

(Names omitted here) and their heirs and assigns forever the several

parts and parcels and allotments of said real estate set apart to them

respectively by the commissioners and designated and described by them

in their said report, and designated and described by their numbers and

names on said copy of said plat as aforesaid and on their respective parts,

parcels and allotments as aforesaid, together with all the appurtenances,

rights, privileges and easements thereunto belonging or in any wise

appertaining.

To have and to hold the same to said living members respectively and

and to their respective heirs and assigns forever, either jointly or sever-

ally, as they appear in the said report of said Commissioners and on said

copy of said plat.

In Testimony Whereof the said grantor, the said The Society of

Separatists of Zoar, by John Bimeler, Joseph Breymaier and Christian

Ruof, its Trustees, has caused its signature to be hereunto subscribed and

its corporate seal to be hereto affixed this 20th day of September, A. D.

1898.

THE SOCIETY OF SEPARATISTS OF ZOAR,

Executed and delivered in

our presence.                               By JOHN BIMELER,

MRS. KATE HAYWARD,         [Seal]                                                  JOSEPH BREYMAIER,

JAMES G. PATRICK.                                                                          CHRISTIAN RUOF,

Trustees.

 

THE STATE OF OHIO,

TUSCARAWAS COUNTY,

Before me a Notary Public in and for said County personally ap-

peared the above named John Bimeler, Joseph Breymaier and Christian

Ruof, the Trustees of the above named The Society of Separatists of Zoar,

and acknowledged the signing and sealing with the corporate seal of the



The Separatist Society of Zoar

The Separatist Society of Zoar.                105

 

said The Society of Separatists of Zoar, of the foregoing conveyance to

be their voluntary official act and deed as the Trustees of said corpora-

tion and the voluntary corporate act and deed of the said The Society

of Separatists of Zoar.

In Testimony Whereof I hereunto subscribe my official signature and

affix my official seal this 20th day of September, A. D. 1898.

(Stamps, $182.00, cancelled.)

JAMES G. PATRICK,

[Seal]                                        Notary Public.

Received October 10, 1898 at 10 A. M.

Recorded October 13, 1898.

M. SCHNEIDER, Recorder.