USA > Indiana > St Joseph County > A history of St. Joseph County, Indiana, Volume 1 > Part 31
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"In pursuance of an act of the general assembly of the state of Indiana, approved January the 19th, 1831, the board of commis- sioners met at the house of Alexis Coquillard in said county on the first Monday of Septem- ber, A. D., 1831, at 12 o'clock on said day.
"David Miller now produces his certificate of election, in the words and figures follow- ing, to-wit :
" 'State of Indiana, St. Joseph County, ss. I, L. M. Taylor, clerk of the St. Joseph circuit court, do hereby certify that David Miller has been elected county commissioner in said county and that he received the second high- est number of votes of said county and that he is entitled to serve for the term of two years from the date hereof and until his suc- cessor is elected and qualified.
" 'In testimony whereof I have hereunto set my hand and affixed the adopted seal of the St. Joseph Circuit Court, at South Bend, this fourth day of August, A. D., 1831. " 'L. M. TAYLOR, Clerk.'
"On the back of which certificate is the fol- lowing endorsement, to-wit:
. " State of Indiana, St. Joseph County, ss. Be it remembered that on the 5th day of Sep- tember, A. D., 1831, personally appeared be- fore me, the undersigned, an acting justice of the peace in and for said county, the within commissioned, David Miller, who being duly affirmed saith that he will support the consti- tution of the United States and also the con- stitution of the State of Indiana, and also faithfully and impartially execute the within office of county commissioner according to law and the best of his abilities and judgment, and that he will not, either directly or indirectly buy, receive or take any county order, allow- ance or claim against said county during his continuance in office for a less amount than that expressed on the face of such order or demand against said county.
" 'Given under my hand and seal the date first above written. " 'LEVI F. ARNOLD, "'J. of P.' "
(Seal)
Joseph Rohrer also appeared and qualified in like manner. Having received the third highest number of votes, he was, according to the provisions of section two of the act of January 19, 1831, declared to be a member of the board of commissioners for one year. Aaron Stanton, the third commissioner, who was elected for three years, did not appear and qualify until the third day of the term, Wednesday, September 7, 1831. That part of the oath of the county commissioners relating to county orders was in accordance with the provisions of section nineteen of the act, ap- proved January 19, 1831, creating boards of county commissioners.
Sec. 2 .- ADOPTION OF A COUNTY SEAL .- In the afternoon of the first day's session a form of county seal was adopted by an order read- ing as follows :
"The board adopt the following for the purpose of sealing their proceedings which is engraved with St. Joseph County, Indiana.
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HISTORY OF ST. JOSEPH COUNTY.
[around the margin], with the insignia of an eagle engraved on it [that is, on the face of the seal] ; which will more fully appear by an impression being made on the margin of this page."
The impression of the seal. found on the margin of the page of the old record and re- ferred to in the order, shows the words, "St. Joseph's County, Indiana," instead of "St. Joseph County, Indiana," as required by the order. The later form is the one now in use.
Sec. 3 .- OTHER ORDERS .- The remaining orders of the first day of the session are as follows:
"The board of commissioners now proceed to select a list of grand jurors for the Novem- ber term of the circuit court, and draw from the box the following names :
"Gayas Munger. Horace Wood. Jacob Rit- ter, John Banker, William Garwood, Alexan- der Blake, James S. Garoutte, John Wells, Samuel Rupel, H. Carpenter, Andrew Shaw, Peter Johnson, Orra Morrs. Charles Oaster- house, Samuel L. Cottrell, JJohn Rupel, Samuel Harberson, HIenly Clyburn.
"And also the board then proceed to select the petit jurors for said term :
".Jacob Eutzler, John Welsh, Joseph Pem- berton, Joseph Osborn. E. H. Brown, Benja- min Gillbreath, Wyley Jones, John Martin- dale, sen., Zachariah Grant. Jesse Skinner. Scott West. James Highly, John Treaver. Benjamin Coquillard, John Smith, sen., Jacob Egbert, Nathan B. Nicols, Ezekiel Thomas. Lewis Shirley, John Hague, Chris- tian Holler, Charles Roe, Jr., David Pagin, Robert Redding.
"Ordered by the board aforesaid, That L. M. Taylor, clerk, be allowed out of the county treasury the sum of forty-eight dollars for blank books, a county seal and blank paper purchased by him for the use of said county.
"Ordered by the board aforesaid, That the sum of seventy-five cents be allowed out of the county treasury for each wolf scalp over six months old and thirty-seven and a half cents for each wolf scalp under six months
old, agreeable to the act to encourage the killing of wolves. approved February 10th, 1831."
On the second day of their first term, the board of commissioners made the following orders :
Sec . 4 .- EXEMPTIONS FROM TAXATION .- "Ordered by the board aforesaid, That the following persons be exempt from paying a poll tax, either for state or county purposes : John Clyburn, Samuel Johnson, John Martin- dale, sen., Basil Sperry-for the year 1831."
The reasons for this exemption are not given. According to section one of the reve- nue law then in force, approved February 10. 1831,ª a poll tax of thirty-seven and one- half cents was to be assessed "on each male inhabitant between twenty-one and sixty years of age"; but the board was given "discre- tionary power to exempt any person over the age of fifty years from the payment of a poll tax, who is unable to pay the same, or on account of bodily disability." It is also pro- vided in section two of the same act, "That all persons who have served in the land or naval service of the United States. during the revolutionary war, be and they are hereby exempt from the payment of a poll tax and a tax upon personal property." To secure this exemption the soldier was required to make affidavit before some justice of the county, "That he has served in the land or naval service of the United States during the revolu- tionary war, three months or upwards: for the taking of which affidavit, the justice shall not be entitled to receive any fee or compen- sation whatever." Similar favors were after- wards given to soldiers of the Mexican war. by acts approved Jannary 14, 1847.6
The order for the first ferry over the St. Joseph river was as follows:
Sec. 5 .- THE FIRST FERRY AND STEAMBOAT LANDING .- "'Ordered by the board aforesaid. that a ferry be established at the east end of Water street [now La Salle avenue], in the a. Revised Statutes 1831, p. 426.
b. Acts 1846, pp. 59 and 74.
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HISTORY OF ST. JOSEPH COUNTY.
town of South Bend, over the St. Joseph river," and that there be a tax assessed there- on to the amount of two dollars ; and that N. B. Griffith be licensed to keep the aforesaid ferry, and that the said Griffith be required to keep a good and sufficient flat, or boat, to convey conveniently over said river two horses and a wagon at one time.
"Ordered by the board aforesaid, that the following be the rates of ferriage at the ferry established at the town of South Bend, to- wit: For each person, 61/4 cents; for a man and horse, 121/2 cents; for one horse and a wagon or carriage, 25 cents; for two horses and wagon, 3114 cents; for each additional horse, with a wagon as above, 614 cents; for oxen in wagons the same rates as horses ; for loose cattle, three cents a head ; for hogs and sheep, two cents a head.
"Ordered by the board aforesaid, that the said N. B. Griffith be required to keep twelve hands to attend the aforesaid ferry."
The following orders were also made on the second day of said September term :
Sec. 6 .- LICENSES TO DO BUSINESS .- "Or- dered by the board aforesaid, that five dollars shall be the amount to be assessed on each tavern license and retailer of spirituous or strong liquors, foreign and domestic groceries.
"Ordered by the board aforesaid, that there be assessed on each license to vend wooden clocks in said county the sum of eight dollars per annum.
"Ordered by the board aforesaid, that Peter Johnson be allowed a tavern license to keep a tavern at the town of South Bend by his payment into the county treasury of the sum of five dollars, to commence on the 1st of August, 1831.
"Ordered by the board aforesaid, that Benjamin Coquillard be licensed to keep a tavern at the town of South Bend by his paying into the county treasury the sum of five dollars.
"Ordered by the board aforesaid, that
a. A steamboat landing was established at the same place.
Calvin Lilly be licensed to keep a tavern at the town of South Bend by his paying into the county treasury the sum of five dollars.
"Ordered, that the American Fur company be licensed to vend foreign merchandise in said county one year from the date hereof by their paying into the county treasury the sum of ten dollars.
"Ordered by the board aforesaid, that George Sumption be allowed the sum of one dollar and fifty cents out of any money in the treasury not otherwise appropriated for two wolf scalp certificates.
"Ordered by the board, that Horatio Chapin be required to pay into the county treasury the sum of eleven dollars for a license to vend foreign goods in said county for one year from the date hereof.
"Ordered by the board aforesaid, that David Pickering, deputy sheriff of Allen county be allowed the sum of five dollars for notifying the commissioners to re-locate the seat of justice of St. Joseph county.
"Ordered by the board aforesaid, that Lewis Shirley be allowed the sum of two dol- lars for services rendered in making a return of the annual election from Michigan town- ship.
"Ordered by the board aforesaid, That John Drullinger be allowed the sum of one dollar for services rendered in making a re- turn of the annual election from Deschemin township.
"Ordered by the board aforesaid, That each person of the grand and petit juries be allowed the sum of fifty cents for their ser- vices rendered in attending the November term of the St. Joseph circuit court; and the orders shall be issued by the clerk on satis- faction being made of their respective at- tendances."
The jurors, grand and petit, thus allowed fifty cents each for their services, on strict proof furnished of their actual attendance. were the second set of jurors that were selected in St. Joseph county. The jurors selected the previous year by the board of
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HISTORY OF ST. JOSEPH COUNTY.
justices were not called into service nor is there any record other than that here given of the service of jurors selected in 1831.
Indeed it does not appear that the Novem- ber term, 1831, of the St. Joseph Circuit court was ever held. The presiding judge failed to appear, although the jurors were selected and summoned. This neglect ocea- sioned some complaint, as may be inferred from a communication from "One of the peo- ple" which appeared in the second number of the Northwestern Pioneer. The judge is there severely upbraided for neglect of duty, "notwithstanding he is paid a salary of seven hundred dollars a year for his services."a
VII. LOCATION OF THE COUNTY SEAT.
See. 1 .- ST. JOSEPH, THE FIRST COUNTY SEAT .- The board of justices, as we have seen, held their sessions at the house of Alexis Coquillard, in South Bend. The board of commissioners did likewise. The St. Joseph circuit court was also holden in the same hospitable mansion.b Indeed for several years after the organization of the county the seat of justice was actually at the house of Alexis Coquillard. Theoretically, however, the county seat was for a time on the farm of William Brookfield, in a town laid out by him at the portage of the St. Joseph. This town was called St. Joseph. Though named as the first county seat, it was never in fact more than a town on paper. The location of the county seat at St. Joseph was made by the commissioners appointed under section three of the act for the formation of St. Joseph and Elkhart counties. This action of the locating commissioners never gave satisfaction to the people of the county. A petition asking for the appointment of other commissioners to relocate the county seat was circulated amongst the settlers, received over
one hundred and twenty-five signatures, and was laid before the legislature that convened at Indianapolis, December 6, 1830. That body, in an act approved February 1, 1831,« granted the prayer of the petitioners, the act being as follows :
Sec. 2 .- ACT TO RE-LOCATE THE COUNTY SEAT .- "An act to Re-locate the County Seat of St. Joseph county.
"Section 1. Be it enacted by the general assembly of the state of Indiana, that Absalom Holcomb and William N. Hood of Allen county, John Scott of Cass county, Chester Sage and John Jackson of Elkhart county, are hereby appointed commissioners to review and should they judge expedient, to re-locate the county seat of St. Joseph county. The said commissioners shall convene at the house of William Brookfield, in the said county of St. Joseph, on the second Monday of May next, and shall immediately proceed to dis- charge the duties assigned them by law.b It is hereby made the duty of the sheriff of Allen county, to notify the said commis- sioners, either in person or by written noti- fication, of their appointment, on or before the first day of May next; and the said sheriff shall receive from the said county of St. Joseph, so much as the county commissioners of said county shall deem just and reasonable, who are hereby authorized to allow the same out of any monies in the county treasury, in the same manner as other monies are paid.
"Sec. 2. Should said commissioners after examination of the present seat of justice of said county, be of opinion that the public interest demands a removal or re-location of said seat of justice, they shall then proceed and be governed in all respects by the law forming said county of St. Joseph," as though they had been appointed to fix the said county seat, at the formation of said county.
a. "The Northwestern Pioneer and St. Joseph's Intelligencer, South Bend, Indiana, Wednesday, November 23, 1831."
b. See Sec. 4 of the Act for the formation of the counties of St. Joseph and Elkhart, set out in Subdivision 2 of this chapter.
a. Acts 1830, p. 21.
b. See Sec. 3 of the act for the formation of the counties of St. Joseph and Elkhart, and note a, Subd. 2, of this chapter.
c. The law referred to is set out in full in Subd. 2, of this chapter.
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HISTORY OF ST. JOSEPH COUNTY.
"Sec. 3. That the county agent and all other officers within the said county, when the county seat is hereby located, shall be governed in all respects by the law forming said county, as though the county seat had been satisfactorily fixed by the first commis- sioners appointed for that purpose.
"Sec. 4. Should the commissioners hereby appointed. fix the county seat at any other place than that fixed by the former commis- sioners, then the said county commissioners shall deliver over to William Brookfield, and to all other persons who may have donated to said county. all monies, lands and other effects which they may have given to said county. as a consideration for said county seat."
Sec. 3 .- RE-LOCATION .- The report of the commissioners so appointed by the legislature to re-locate the county seat of St. Joseph county appears of record in the proceedings of the third and last day's session of the first term of the board of county commissioners, Wednesday, September 7, 1831. The record is as follows :
"The commissioners' report which was filed in the clerk's office in vacation of said [county] board is now brought into court to be made a matter of record here, to-wit :
" 'The undersigned commissioners ap- pointed by an act of the legislature of the state of Indiana, at their session in the year A. D. 1831. entitled an act to re-locate the county seat of St. Joseph county, met at the house of William Brookfield. in the said county of St. Joseph, on the second Monday of May. A. D. 1831; and after being duly sworn as the law directs, proceeded immedi- ately to examine the present seat of justice for said county of St. Joseph, and are of opinion that public interest requires a re- moval of said seat of justice, and immediately proceeded to select a suitable site for the county seat of said county of St. Joseph ; and, after making all the examinations required by law, have selected the town of South Bend, as laid out and recorded on the records of said
county, and have hereby established the same ; and have received from the persons herein- after mentioned the following donations in lands, lots and obligations for the payment of the sums of money stipulated in the follow- ing bonds, to-wit: The bonds of Lathrop M. Taylor and Alexis Coquillard. guaranteed by Samuel Hanna. Joseph Rohrer, Samuel Stude- baker and D. H. Coldrick for the conveyance to the use of the county, for the following distinguished lots in the town of South Bend : Lots Nos. 274. 275. 276, 277, 278, 279, 400, 401, 402, 296, 299, 302, 344, 323 and 257. And also the lots specified in said bond to religious societies, school purposes and four acres of land described in said bonds for a public graveyard, in addition to the lots and ground set apart and marked on the plat of said town for a public square, religions and school purposes. And also the joint bond and obligation of the above mentioned Lathrop M. Taylor, Alexis Coquillard, Joseph Rohrer. Samuel Studebaker, Samuel Hanna and David Coldrick for the payment of three thousand dollars to the commissioners of said county. payable in the annual installments of one thousand dollars each. Which said several bonds and obligations are hereby particularly referred to and made a part of this report ; all of which bear date herewith.
" 'In witness whereof we have hereunto set our hands this twelfth day of May, A. D. 1831. " 'ABSALOM HOLCOMB, " 'WILLIAM N. HOOD. "' 'CHESTER SAGE, " 'JOHN JACKSON,
" 'Commissioners. " 'Know all men by these presents, That we Lathrop M. Taylor, Alexis Coquillard, Joseph Rohrer, Samuel Studebaker, Samuel Hanna and David Coldrick, do hereby bind and obligate ourselves and our heirs and representatives to well and truly pay or cause to be paid unto the commissioners of the county of St. Joseph, in the state of Indiana, or their successors in office, in the
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HISTORY OF ST. JOSEPH COUNTY.
full and just sum of three thousand dollars. to be paid as follows: One thousand in one year from the signing and ensealing of this bond. and one thousand in two years and the residuary one thousand in three years; in consideration that the county seat of St. Joseph county, in the state aforesaid, shall be permanently located at the South Bend. in said county.
" 'In testimony whereof we have hereunto set our hands and seals on this the twelfth day of May, in the year of our Lord, eighteen hundred and thirty-one.
" 'LATHROP M. TAYLOR, (Seal.) "'ALEXIS COQUILLARD, (Seal.)
" 'JOSEPH ROHRER, (Seal.) " 'SAMUEL STUDEBAKER, (Seal.)
" 'SAMUEL HANNA, (Seal.) "'D. H. COLDRICK, (Seal.)
"'Attest : Horace Wood, Hiram Dayton.
" 'Know all men by these presents, That we. Lathrop M. Taylor and Alexis Coquillard, do by these presents obligate ourselves and our representatives well and truly to convey and donate by an indisputable title to the county agent whom the commissioners shall appoint agent of the county of St. Joseph, in the state of Indiana, for the use of said county, fifteen in lots situated in the town of South Bend, and designated on the plat of said town by being numbered, 274, 275, 276, 277, 278, 279, 400, 401, 402, 296, 299, 302, 344, 323 and 257 ; and to give and donate and convey in lot number 341 on said town plat to and for the use of a religious denominacion of people called the United Brethern, to build thereon a church for worship : also in lot number four hundred and three on said town plat for the same purpose for the German Baptist congre- gation ; also in lot number two hundred and thirty-four on said town plat for a church for the denomination commonly called the Pres- byterian : also to give and donate for the use and convenience of said town four acres of land on the east half of the southwest quarter of section number twelve in town number
thirty-seven of range number two east, to be dedicated and used as a public graveyard ;- all of which said several donations are to be legally conveyed in a reasonable time after the patents shall have issued to the said Co- quillard and Taylor; in consideration that the county seat shall be permanently located at South Bend, in said county.
" 'Witnessed our hands and seals
on this twelfth day of May, 1831.
"'LATHROP M. TAYLOR, (Seal.)
"'ALEXIS COQUILLARD, (Seal.) " 'Attest : Horace Wood, Hiram Dayton. " 'Know all men by these presents, That we. Samuel Hanna, Joseph Rohrer, Samuel Stude- baker and David Coldrick, do bind and obli- gate ourselves and our representatives, under a penalty of two thousand dollars, to secure and guarantee the stipulations and obligations of the said Coquillard and Taylor in their above bond, according to the true spirit and equitable meaning thereof, waving all legal technicalities or inaccuracies, if any there be. " 'Witness our hands and seals on this twelfth day of May, 1831. " 'SAMUEL HANNA, (Seal.) "'JOSEPH ROHRER, (Seal.) " 'SAMUEL STUDEBAKER, (Seal. ) "'D. H. COLDRICK, (Seal.) " 'Attest : Horace Wood, Hiram Dayton.' " Sec. 4 .- SOUTH BEND THE PERMANENT COUNTY SEAT .- Thus was the county seat definitely and permanently fixed at the new town near the south bend of the St. Joseph river, laid out March 28. 1831. by Alexis Coquillard and Lathrop Minor Taylor. The effort of William Brookfield, our first sur- veyor and one of the most distinguished of our early settlers, to build up a business center at the old portage was a natural but a mistaken one. It is true that commerce had gone by the St. Joseph-Kankakee portage for unknown ages. The ancient traders went from the lakes up the St. Joseph, over the portage, down the Kankakee and the Missis- sippi, and so reached all the countries border- ing on the gulf and the south seas; and that
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HISTORY OF ST. JOSEPH COUNTY.
the return was by the same ancient route. But that day was past. Commerce had taken new lines. Detroit, Fort Wayne and Chicago had become gathering points; and the trails and traces to and from these points, and from these points to the Atlantic coast, were gradually taking direction and form. North and south was the Michigan road. And the · south bend of the St. Joseph river was on the new lines. The old routes became filled with dust and leaves and overgrown with grass; while the new routes were worn and traveled and improved from year to year. Coquillard and Taylor had chosen wisely and labored effectively. The county seat was located in the proper place.
VIII. THE TOWNSHIPS RE-ORGANIZED.
Not only was the 'first location of the county seat unsatisfactory to the people, but also the division of the county into the town- ships of Michigan, Deschemin, German and Portage, as made by the board of justices. Accordingly, on September 7. 1831, on the third day's session of the first term of the board of commissioners, after the entry of the record in relation to the county seat, the following important orders were made in re- lation to the townships of the county; and . also in relation to commissioners' districts :
"Ordered by the board aforesaid, That so much of the orders of the board of justices held on the 25th day of November, 1830, as regards the laying off of townships in said county be hereby repealed and set aside.
"Ordered by the board aforesaid, That ranges two and three east of the second principal meridian of the state of Indiana, so much as lies in said county, shall form one township in said county, and shall be known by the name of Portage township. All elec- tions in said township shall be held in the town of South Bend. Said township shall form the first county commissioner district in said county.
"Ordered by the board aforesaid, That range number one cast and range number one
west of the second principal meridian of the state of Indiana shall form a township in said county, to be known by the name of Center township, and all elections in said township shall be held at John Drulinger's. Said township shall form the second county com- missioner district in said county.
"Ordered by the board aforesaid, That all the territory lying west of the range line dividing ranges number one and number two west of the second principal meridian of the state of Indiana shall form and constitute a township, to be known by the name of High- land township, and the elections in said town- ship shall be held at the house of Jacob Miller, in said township. The said township shall form the third county commissioner district in said county.
"Ordered by the board aforesaid, That Hiram Dayton be appointed Inspector of Elections in Portage, and John Egbert shall be appointed Inspector of Elections in Center township, and also that Chapel W. Brown be appointed Inspector of Elections in Highland township.
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