A history of the formation, settlement and development of Hamilton County, Indiana, from the year 1818 to the close of the Civil War, Part 6

Author: Shirts, Augustus Finch
Publication date: 1901
Publisher:
Number of Pages: 390


USA > Indiana > Hamilton County > A history of the formation, settlement and development of Hamilton County, Indiana, from the year 1818 to the close of the Civil War > Part 6


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PRIMITIVE HISTORY OF


Cicero Creek derived its name from the following circumstance : One Mr. MeLaughlin surveyed the land in that vicinity. He had a son named Cicero, who was with the party. This son undertook to drink water from the creek and in so doing fell into the creek. His father then and there named the creek Cicero Creek, and it has borne that name ever since.


Cool Creck.


This creek and the mills situate upon it have been heretofore described. The same may be said of Wil- liams Creek.


Fall Creek.


This stream crosses the east line of the county some distance north of the southeast corner of the county. It passes over a portion of the southeast part of Fall Creek Township and out of the county near the lands now owned by C. W. Edwards. The mills receiving their motive power from this creek have been described. The first settlement made in Fall Creek Township was made on either side of this stream.


Stony Creek.


This stream crosses the east county line east of Noblesville and a little south of Fishersburg. The gen- eral course of this stream is from east to west. It emp- ties into White River about a mile and a quarter below Noblesville.


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In 1821 John Foster built a mill on this stream about a mile and a quarter above its mouth. It was what was called a corn cracker. This mill passed from Mr. Foster to the hands of Mr. Betts. During the time Mr. Betts owned the mill it was improved so that wheat was ground and a hand bolt was attached. From Mr. Betts the mill passed to Philip Hair, who built a large mill a few rods below the old log mill, but used the same dam. Hair sold the property to William Stoops, and at his death, or soon thereafter, it passed from his heirs to Henry Dill.


Hinkle Creek.


This stream rises in the northwest part of the. county and flows to the southeast and empties into Cicero Creek above Noblesville some distance. This is a small stream. In an early day it furnished the motive power for a mill. This was a corn cracker and was known as the Cook mill.


Little Eagle Creek.


Has been described. The only mill upon it was the corn cracker owned by Ephraim Stout.


Early Newspapers.


L. H. Emmons, a practical printer, of Eastern birth, came to Noblesville in the year 1835 and immediately commenced the publication of a newspaper called the "Newspaper," the first number of which was issued


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January 12th, 1836. It was neutral in politics. The paper was printed on an 18x24-inch sheet, or four 12×14-inch pages, and was a fine specimen of the typo- graphical art in that day, and would compare favorably with the appearance presented by the better class of newspapers printed at a much later date. It was a neat, comely sheet and the make-up of original and selected matter, was above the average. The patronage was not large and the enterprise was not a paying one, hence it yielded to the pressure of circumstances and the publi- cation was suspended on the 22d of March, 1838. In the course of time it was revived by F. M. Scott, who continued its publication for several months with indif- ferent success, when finally it ceased to be issued. In the meantime Mr. Emmons had gone away, but re- turned again to Noblesville in 1842 and commenced the publication of the little "Western." It was a four- page paper also, with four columns to the page, the size being 14x24 inches, and was Democratic in politics. A file of this paper is still in existence and is well pre- served, commencing with the issue of June 4th, 1842, and ending with the issue of January 25th, 1845. It


was published weekly. At about the latter date Mr. Emmons was appointed to a clerkship in Washington and held the position during the four years succeeding. Upon his return to Noblesville, by the way of Parkers- burg, Va., to Lawrenceburg, Ind., he was attacked with the cholera and died in a few days after his arrival at Noblesville.


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During the absence of Mr. Emmons the publication of the paper was temporarily suspended. Subsequently, however, Peter C. Lawyer, J. T. Cox and F. M. Randal were engaged in the control of the paper. In August, 1854, the "Noblesville News" having been previously published by F. M. Randal, was purchased by J. R. Gray and J. W. Evans, who changed the name to "The Hoosier Patriot" and continued the publication under that name for the succeeding six months during the ex- citement attending upon the action of Congress on the Kansas-Nebraska bill, when it was sold to H. W. Clark, Sr. He, in turn, continued to publish the paper for some time under the same name. It then passed into other hands and was subsequently published under the name of "The True Whig" by L. E. Rumrell and by Rumrell & Hardy for a series of years. Some time in 1862 Hardy & Clark became the owners. In the fall of 1862 it passed into the hands of S. K. Christy, who a few weeks later changed the name to "The White River Clipper," the first number of which appeared in Sep- tember of that year. Under the administration of Mr. Christy the size of the paper was increased to seven col- umns, in 1865, which was maintained for several years.


The Common School Fund.


In the year 1785 the Congress of the United States passed a resolution setting apart one square mile in each township in the Northwest Territory to be applied


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in the maintenance of public schools in such territories. This resolution was affirmed by Congress in 1787 and became a law. Under the provisions of this law one square mile in each township, when the lands of Hamilton County composed a part, was surveyed and set apart as school land and was not sold by the State. Under this law the portion of such school lands belong- ing to this county came under the control of the County Commissioners. The law provided that when the voters of the township where the school section was situate, by a majority vote, should decide in favor of a sale of such lands, they should be sold to the highest bidder. When this vote was taken the Board of Commissioners sold the land and the proceeds were credited to the seminary fund.


The State Constitution of 1816 and the laws passed while it was in force made ample provisions for the ad- vancement of education. These laws were not, how- ever, compulsory. It was for the people to determine what steps should be taken, so that little advance was made.


Prior to the year 1840 our winter schools were taught by the sons of the pioneers, and our summer schools by their daughters. After the date last named school teachers from the Eastern States came to this county and taught some of our schools. They were practical teachers, and the methods of teaching were greatly improved. Many of the pioneer fathers, how-


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ever, thought more of clearing and improving their lands than they did of the education of their children. Then there was a prevailing opinion that it was only necessary to teach their sons reading, writing, spelling and arithmetic to the double rule of three, and that it was only necessary to teach their daughters to read, write and spell. So that not much advance was made in education under our old Constitution.


All fines and forfeitures collected were paid into the seminary fund. The principal of this fund could not be used for tuition, but was kept out at interest, and the interest distributed among the several townships.


In 1846, by order of the Board of Commissioners, a contract was let for the erection of a seminary build- ing, to be paid for out of the principal of the seminary fund.


After the adoption of the new Constitution, as will be hereafter shown, all of the seminary fund was turned over to and became a part of the common school fund.


County Seminary Fund.


Pursuant to the provisions of an "act relat- ing to county seminaries," approved January 31, 1824, it was made the duty of "the County Com- missioners in their respective counties, at their first meetings after the passage of this act, to appoint some fit person as trustee of the county seminary for their respective counties," who should take an oath faithfully


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to discharge the duties appertaining to such office, and also give bond payable to the State of Indiana, with two sufficient sureties, in the penal sum of double the amount, as near as may be, of the funds of the county seminary, conditioned for the faithful performance of the duties of his office.


Section five of that act provided that "all fines which are now or may hereafter be directed by law to be paid for the use of a public seminary in each respective county shall be paid into the hands of the trustee thereof, any law to the contrary thereof, in any wise notwithstanding." In conformity with the foregoing provisions, it was made obligatory upon all officers and others to whom the afore-named elements of the fund were primarily paid, to faithfully account for and to pay over to the trustees so appointed any and all such funds under severe penalties for all failures so to do. It was made the duty of said trustees, also, annually to lay be- fore the boards of county commissioners a complete statement of the situation of the funds belonging to their respective county seminaries, as a safeguard over the funds contemplated by the law-makers, to be care- fully husbanded for the education of the coming gen- erations. A further provision imposed upon such trus- tees the duty of annually, within the first twelve days of the session of the General Assembly, transmit to the Speaker of the House of Representatives a certified list of all moneys by him received in conformity with the


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provisions of this act, and annually exhibit a detailed ac- count of the funds in his hands to the County Commis- sioners on the second day of their November term each and every year, which exhibit, with the approval or dis- approval of the official conduct of the trustee, by said Board of Commissioners, indorsed thereon, was re- quired to be forwarded to the Speaker of the House of Representatives, on or before the first Monday of De- cember, annually. As a means, also, of accumulating said funds it was made the duty of such trustees to loan all moneys paid to them, as such, for the term of one year at the rate of 6 per cent. per annum, taking bond and good freehold security therefor, payable to them- selves and their successors in office.


To incorporate a board of seminary trustees it was necessary, first, that the qualified voters of the several townships of the county should manifest their desire in that direction by electing for each such township a rep- resentative trustee, who should give bond and qualify. A majority of such township trustees, having thus qual- ified, were vested with powers and liabilities similar to other corporations, and subject to the peculiar object of their organization, and the limitations, restrictions and directions of the General Assembly. Such cor- porate body was under the jurisdiction of the Circuit Court, while the county trustee first named was under the jurisdiction of the county board.


Pursuant to the foregoing statutory provisions,


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PRIMITIVE HISTORY OF


John D. Stephenson, clerk of the Circuit Court, at the May session of the county board for the year 1824, made return of the amount of fines assessed in the Cir- cuit Court for the judicial year ending May Ist, 1824, amounting to $7.00, which was to be paid to the trustee to be appointed for that purpose. At the March ses- sion, 1825. John D. Stephenson was appointed by the board such seminary trustee, as required by the first section of the act above referred to. The accumula- tions of the county seminary fund were not great dur- ing the early period of the county's history ; the amount was not enough, indeed, to induce any steps to be taken toward the appropriation of grounds or the erection of buildings suitable for the purpose contemplated by the Legislature in the preparation of a law whereby their children might secure the advantages of a liberal edu- cation at home. Within a reasonable time, however, after the local machinery had been put in motion, and the attention of the community had been drawn from the study of organic economy, this necessary addendum to the formulation of a county jurisdiction became the subject of deliberate consideration. Accordingly, at the November session, 1830, of the Board of Commission- ers lot No. 1, in square 7, in the Town of Noblesville, was donated by the county for the use of the Hamilton County Seminary and a common school. Subsequently at the January session, 1832, John D. Stephenson was reappointed trustee of the county seminary fund for


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one year from that date. He resigned, however, at the following March session and Albert B. Cole was ap- pointed in his stead. In 1833, at the January session of the Board of Commissioners, the trustee filed a report of the condition of the county seminary fund, of which the following is an abstract :


Received of John D. Stephenson in notes for money loaned by him $ 66 60 Received from same after deducting $1.61 com-


mission allowed 93 44


Received of C. Mallory, funds in his hands as treasurer of county 9 00


Received of justices of the peace for fines as- sessed and collected. 14 25


Received of Clerk Hamilton Circuit Court for fines assessed and collected . 3 00


Received of Clerk Hamilton Circuit Court for 20 per cent. on estray animals . 5 60


Received for interest accrued on money loaned 5 97


Total $197 86


Trustee's commission deducted I I3


Balance $196 73


Amount loaned at 6 per cent . $195 86


Balance on hand 87


Total amount of fund $200 23


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The above report having been filed and accepted, the board reappointed A. B. Cole as trustee of that fund. He continued in that position until January. 1836, and was then succeeded by J. G. Burns, who, in turn, was succeeded by H. W. Clark at the January ses- sion, 1837. Mr. Clark was reappointed in January, 1838, and remained in office until the March session of the board, 1842, at which time T. T. Butler was ap- pointed to succeed him. Mr. Butler was again ap- pointed in the March term. 1843, and served during that and the succeeding year, when the statute of 1843 took effect.


The county board took the necessary preliminary steps toward securing a suitable tract of ground in the vicinity of Noblesville, whereon to erect a county semi- nary building. Pursuant to the provisions of that stat- ute, the county board, at its June session, 1844, ap- pointed Earl S. Stone, with instructions to purchase a suitable tract of land in the name of the State of Indi- ana, for the purpose of erecting a seminary, also direct- ing the auditor to give a draft in payment out of any moneys in his hands belonging to the seminary fund. And, "whereas, it is the intention of this board to build a county seminary, the auditor is ordered to collect the seminary fund in and reserve it from loan, to the end that it might be in readiness when needed for such pur- pose."


At the same session Minor Mallory, Albert B. Cole


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HAMILTON COUNTY, IND.


and George Simpson were appointed a committee to procure suitable plans with estimates of the cost for a county seminary building, and report the same for con- sideration at a subsequent session. Afterward Prof. Samuel K. Hashour, an eminent educator of the State and a successful practical teacher, submitted to the board a plan for such building, which was duly consid- ered. Again, at the September session, 1846, J. Elder, an architect and builder of Indianapolis, submitted fur- ther plans and specifications, for which he was allowed $10.00. The board thereupon ordered that an adver- tisement be inserted in the Indiana State Sentinel at Indianapolis, giving notice that proposals would be received on Friday after the first Monday in December following, to construct a county seminary building ac- cording to the plans and specifications on file in the auditor's office. Accordingly, at the December session, 1846, the following proposals were submitted: John D. Cottingham. Thomas J. Lindsey and Joseph Bauch- ert proposed to erect the building for $2.089. William Bauchert proposed to erect the building for $1.993.50. and for $2, 100.00 he would build and furnish it with window shutters. Isaac Williams, Thomas W. Leonard and John Fisher would build it for $2. 100.00. Sitel Wyllys proposed to build it for $2,050.91. After a care- ful examination and comparison of these several pro- posals, the contract was finally let to William Bauchert as the lowest bidder. all things considered. The build-


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ing was to be of brick, 32x45 feet and two stories high, the first story ten feet and the second twelve feet. The building progressed slowly and was not entirely com- pleted in the fall of 1850. Hence, at the session of the board held in December of that year Jesse Lutz, T. T. Butler, John T. Cox, John D. Stephenson, A. B. Cole and John G. Burns were appointed seminary trustees to receive the building and take charge of the same, as provided by law. The last two named held their office but one year, the statute requiring that one-third of the number first appointed should go out of office every year and their places be filled by new appointments. These trustees were appointed under the requirements of section 31 of the statutory provisions relating to the management of county seminaries, which reads : "Whenever said board shall have erected such building and shall determine to organize a county seminary therein, they shall appoint six citizens of the county, who shall constitute a board of trustees for said semi- nary." The next section provides that "the said trus- tees shall all be a body corporate and politic, and shall elect one of their own body as president, and shall have power to appoint a clerk, such president and clerk being removable at the pleasure of the board of trustees." It was the duty of the board to employ all teachers and de- termine the course of instruction to be pursued, fix the compensation of the teachers so employed and of the clerk of the board, appropriate for the payment of such


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HAMILTON COUNTY, IND.


teachers and clerk and other incidental expenses, the tuition fees and such part of the principal and interest of the seminary fund as the Board of County Commis- sioners might designate and set apart for that purpose. It was the duty also of the County Commissioners to. exercise jurisdiction in all matters relating to the semi- naries of their respective counties, and take cognizance of supervision, and inquire into the management of the seminary affairs.


At the September session, 1851, the board ap- pointed Joseph M. Mallory to examine the county sem- inary building, compare the work with the plans and specifications and receive the same off the hands of Wil- liam Bauchert, the contractor, if said contract had been fully complied with. The board then, at the December session, 1851, appointed another board of seminary trustees, consisting of John G. Burns, Jesse Lutz, T. T. Butler, A. B. Cole, J. M. Mallory and David Moss, the two first to serve one year, the two second to serve two years and the two last to serve three years. After con- siderable delay the board, at the September session, 1852, appointed A. B. Cole to receive the seminary off the hands of the contractor, William Bauchert, and cause it to be completed according to the contract, and to keep the same in repair at the expense of the pa- trons of the school then in progress. From that time forward the building was generally occupied. It was situated on South Tenth Street, where the Second Ward school building now stands.


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The legislative body of this State convened for the first time after the adoption of the new Constitution in 1851. Article viii of the Constitution of Indiana pro- vides for the creation of the common school fund.


As early as the year 1833 the examination of teach- ers was provided for by law. The enumeration of chil- dren of school age and for school purposes had also been provided for. Legislation since the acts of 1852 has all been had with a view to perfecting the common school system and to increase the school fund. County superintendents have been provided for. Discretion- ary power has been lodged with the several township trustees in the erection of school buildings and so on, so that there is now no doubt as to the stability of the school system.


Asylum for Poor.


Prior to the year 1846 the poor of the county were kept by various persons throughout the county, and the keeping paid for by the Board of Commissioners. At that date no buildings had been erected in which they could be kept. At the March session of the board in the year 1846 the board contracted with Abner B. Jones for the erection of a double log cabin to be used as an asylum for the poor. This cabin contained two rooms, each ten feet in the clear, eight-foot story, made of round logs scutched down inside, rough plank floor, clapboard roof, one door and one window to each


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room. Mr. Jones received for constructing and finish- ing this building $2.4.00. At the same session of the board Jesse Fisher was employed by the board as super- intendent of the poor for one year, Jesse Fisher to have the buildings on eighty acres of land free of rent and to board, clothe and lodge the poor, on an average of seven persons, at and for the price of $300.00 per year, payable quarterly, the board to furnish the rooms used by the paupers.


At the June session of the board, in 1846, the super- intendent made and filed his first report, showing that he had at that time in his charge eight paupers. Five of those he received from the overseer of the poor of Clay Township, April 21st, 1846. The sixth pauper he received from the overseer of White River Township on the 4th of May, 1846. The seventh was received on May 4th, 1846, from the overseer of Wayne Township. The eighth was received from the overseer of Nobles- ville Township. This report shows that the overseer up to that date had received from the county for the use of the poor four straw beds, four bedsteads, four cords, two feather beds, four blankets, eight pillows, ten pil- low cases, twelve sheets, four comforts, twelve chairs and one chamber. The overseer's report showed that for the accommodation of the poor in his charge he needed one more room and two more chambers.


From time to time improvements suggested by the experiences of the day were made, tending to remodel


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PRIMITIVE HISTORY OF


the plans of buildings and the domestic affairs of the institution, until in the course of years, radical changes became a necessity. At the March term of the Com- missioners' Court, in 1852, a plan was adopted for a county asylum, and a contract let for the construction of such building on the poor farm for the sum of $1,366.00, of which sum he was allowed the one-third part in advance. William Bauchert was the successful bidder. Subsequently, at the December session, 1856, a series of rules and regulations consisting of thirteen was adopted by the board, prescribing the manner, style and conduct of all occupants, including the duties of the superintendent. William Bragg was reappointed superintendent of the asylum for the poor, subject to the regulations aforesaid. A special session of the board met on the 3d day of July, 1857, called for the purpose of receiving bids for the erection of an asylum for the poor. After a comparison of the specifications and bids for the purpose, the contract was awarded to John Fisher for building the walls; to Eli Giger, A. Giger, Daniel Reedy and Isaac Williams for the carpen- ter work and painting, and to Thomas J. Lindsey for plastering the same. The building was of brick, twen- ty-eight feet front by thirty-two feet back; the front twenty-eight feet by sixteen feet back, two stories high ; the remaining portion back to be one story high.


At the special session of September 19, 1857, upon examination, the walls erected by John Fisher were re-


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HAMILTON COUNTY, IND.


ceived from him, and at the regular December session of that year the work of plastering was accepted as sat- isfactory at the price of $151.00.


At the same session the board purchased of A. H. Conner eighty acres of land which adjoined the eighty- acre tract then owned by the county. No additional improvements were made for a number of years there- after.


CHAPTER X.


The Townships.


Delaware Township.


In 1822 Joel Brooks, Peter Wise, Michael Wise, Silas Moffit, John Deer. Aquilla Cross, Benjamin Men- denhall, John S. Heaton and Joseph Eller entered land in this township. In the year 1823 they erected cabins upon the lands entered and with their families occupied the same. Thomas Baron came in 1823. He was fol- lowed in 1824 by Daniel Heaton and Thomas Morris, who were followed in 1825 by Abraham Williams and Captain Throckmorton. In 1826 came George Mets- ker and Thomas West; in 1827 David Dawson and Dorothy Heady; John Kinzer and David Kinzer in 1828, and in 1831 William Slater, Alexander Mills,




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