USA > Indiana > Henry County > Hazzard's history of Henry county, Indiana, 1822-1906, Volume II > Part 31
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This act is in six sections but the first section is the most important for the purpose of this History. It provided in brief that when a new county was or- ganized that the act creating the same, should appoint five commissioners who "do not reside in said new county, nor hold any real estate therein." thus providing against any real estate speculation on the part of those appointed.
The commissioners so appointed were then instructed "to convene at such time as the General Assembly shall appoint." which in the case of the county of Henry, was "at the Home of Joseph Hobson," who, at the time mentioned, lived. about .two miles south of the Court House Square in New Castle, on what was subsequently and for a great number of years thereafter, known as the Stephen Elliott farm.
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HAZZARD'S HISTORY OF HENRY COUNTY.
The commissioners named in the act heretofore referred to after having met "at the house of Joseph Hobson," and having been duly sworn, were then directed to "proceed to fix on the most eligible and convenient place for the permanent seat of justice for such new county, taking into view the extent of the county, the quality of the land, and the prospective future, as well as the weight of the present population, together with the probability of future division." They were authorized to acquire the necessary land by either donation or purchase and to take a good and sufficient bond therefor, conditional that the land so acquired, either by donation or purchase, should be duly conveyed to such agent as the Board of County Commissioners might designate as their agent to receive the same.
The remaining five sections of the act relate entirely to the proceedings of Boards of County Commissioners and their duties after the land so acquired was deeded to their agent, as provided in section one of said act.
'In the last section. seven (7), of the act creating the county of Henry, here- after set out, it is provided that the qualified voters of said county shall proceed to hold the first county election in the same manner and under the same condi- tions as the "qualified voters of Dubois County and others named" were authorized to proceed under an act entitled "An act incorporating a County Library in the counties therein named," Approved, January 28, 1818. The last paragraph of said section seven (7), provided that the act creating the county of Henry should not be effective until the first day of June, 1822.
Accordingly, under the authority conferred on the commissioners named to organize-the county of Henry, acting under the Dubois County act, they must have called a meeting of the qualified voters of the proposed new county to meet "at the home of Joseph Hobson," immediately after the act became operative, for the first entry on the records of the Board of County Commissioners of Henry County is dated June 10, 1822, or ten days after the act creating the county of Henry be- came effective. This order will be found set out in full in the article treating of the first courts of the county. With this election, which would now be known and recognized as a mass meeting, the duty of the five commissioners namcd in the act organizing the county of Henry ended and the duties of the Board of County Commissioners and other county officers, began. In short, the county of Henry was organized and ready for business.
As was provided in the act, it was made the duty of the Sheriff of Wayne County to notify the five commissioners appointed to organize the county of Henry, of their appointment and their duties. This mandate seems to have been duly executed as the very early records of the board of commissioners show that "Elias Willets, Sheriff of Wayne County, be allowed fifteen dollars" for the service, which was certainly cheap enough considering the fact that he must have gone into four counties and traveled at least two hundred and fifty miles. On the other hand, it may be considered that the commissioners were liberal as the sum was nearly one tenth of the entire revenue, County and State, collected for the first fiscal year of the life of the county of Henry.
870
HAZZARD'S HISTORY OF HENRY COUNTY.
FIRST COUNTY OFFICERS.
For Congressional purposes, the county was attached to the Third Congres- sional District, represented by John Test of Brookville, the other counties in the district being Dearborn, Delaware, Fayette, Franklin, Randolph, Ripley, Switzer- land, Union and Wayne. For judicial purposes, the county was attached to the Third Judicial District, afterwards the Fifth, of which Miles C. Eggleston of Centreville, was the presiding judge. The other counties of the judicial district being, Dearborn, Fayette, Franklin, Jennings, Randolph, Ripley, Rush. Switzer- land, Union and Wayne.
The law must have been that when an act was passed looking to the creation of a new county that it was the duty of the governor to appoint a sheriff and county surveyor for the proposed new county, for the records of the Executive Department of the State on deposit in the offices of the Secretary of State, at Indianapolis, show that on January 1, 1822, the day after the act was approved, creating the county of Henry, it was "ordered that Jesse H. Healey be and he is hereby appointed Sheriff of the county of Henry." The same records show that on May 9, 1822, William McKimmey was appointed Surveyor for the new county. Thus every new county started out from its very inception with a chief peace officer and a county surveyor, which at that time was a highly important office, considering the fact that the boundaries of every piece of land in the county had to be established for the new settlers.
At the election held "at the home of Joseph Hobson" the following add tional officers were elected, all their commissions dating from July 5. 1822, viz :- Rene Julian, Clerk and Recorder; Thomas R. Stanford and Elisha Long, Associate Judges ; Allen Shepherd, Elisha Shortridge, and Samuel Goble, County Com- missioners. Subsequently, William Shannon was appointed, by the said Board, the first County Treasurer. The office of County Auditor was not created until 1840, the duties of this office up to that time, devolving upon the County Clerk, who acted as "Clerk to the Board of County Commissioners."
For Senatorial purposes, the new county was attached to the district com- posed of the counties of Henry, Hamilton, Johnson, Marion, Madison, Rush and Shelby, the Senator being James Gregory of Shelby County. The first session of the General Assembly at which he represented the new county was the eighth regular session which convened at Corydon, (the last held there) "on the first Monday in December, 1823," he having been elected for the term of three years "on the first Monday in August" preceding. For a member of the lower house of the General Assembly, the county was attached to the district composed of the counties of Henry, Decatur, Rush and Shelby, the Representative being Thomas Hendricks, residence probably in Shelby County, who was elected at the same time and sat in the same session with Senator James Gregory.
The first County Coroner was Ezekiel Leavell, who assumed the duties of the office September 8, 1824, and resigned January 24, 1825.
THE LAW CREATING THE COUNTY OF HENRY.
The ancient and musty laws of the State of Indiana in bound volumes, on deposit in the office of the State Librarian at Indianapolis show the following :
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HAZZARD'S HISTORY OF HENRY COUNTY.
CHAPTER LX.
AN ACT for the formation of a new county out of the County of Delaware .*
SEC. I. Be it enacted by the General Assembly of the Names and State of Indiana, That from and after the first day of June next all that tract of land which is included within the fol- lowing boundaries shall constitute and form a new county to be 'known and designated by the name and style of the county of Henry, to-wit : Beginning at the southwest corner of Wayne County ; thence west twenty miles ; thence north twenty miles ; thence east twenty miles ; thence south twenty miles to the beginning.
SEC. 2. The said new county of Henry shall, from and Privileges, after the first day of June next enjoy all the rights, privi- &c. leges and jurisdictions which to separate and independent counties do or may properly belong and appertain.
SEC. 3. Lawrence H. Brannon and John Bell, of the Commissioners County of Wayne, John Sample, of the County of Fayette, appointed. Richard Biem, of the County of Jackson, and James W. Scott, of the County of Union, are hereby appointed Com- missioners agreeably to an act entitled "an act for the fix- ing the seats of Justice in all new counties hereafter to be laid off." The Commissioners above named shall meet at When and where to meet. the house of Joseph Hobson in the said County of Henry on the first Monday in July next, and shall immediately proceed to discharge the duties assigned them by law. It is hereby made the duty of the Sheriff of Wayne County to notify the Sheriff of said Commissioners either in person or by written notifica- Wayne county tion of their appointment on or before the fifteenth day of to notify June next : and the said Sheriff of Wayne County shall be them. allowed therefor by the County Commissioners of the County of Henry such compensation as by them shall be deemed just and reasonable, to be paid out of the county treasury of said County of Henry in the same manner other allow- ances are paid.
SEC. 4. The circuit and all other courts of the County Courts. of Henry shall meet and be holden at the house of Joseph where to be Hobson until suitable accommodation can be had at the holden. county seat of said county ; and so soon as the courts of said county are satisfied that suitable accommodations are pro- vided at the county seat of said county, they shall adjourn thereto after which time all the courts of said county shall be held at the seat of justice thereof: Provided, however, that the circuit court of said county shall have authority to remove from the house of said Joseph Hobson, to any more
boundaries.
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HAZZARD'S HISTORY OF HENRY COUNTY.
suitable place in said county previous to the completion of the public buildings if they should deem the same expedi- ent.
10 per cent. reserved.
SEC. 5. The agent who shall be appointed for said county to superintend the sales of lots at the county seat of said county or receive donations for said county, shall re- serve ten per cent. out of the proceeds of such sales and do- nations, which he shall pay over to such person or persons as by law may be authorized to receive the same, for the use of a county library for said county ; which he shall pay over at such time or times and manner as shall be directed by law.
Public buildings, when to be erected.
SEC. 6. The Board of County Commissioners of said county shall within twelve months after the permanent seat of justice shall have been selected proceed to erect the neces- sary public buildings thereon.
SEC. 7. The same powers, privileges and authorities that are granted to the qualified voters of Dubois County and oth- ers named in the act entitled "an act incorporating a county library in the counties therein named." approved January the 28th, 1818, to organize, conduct and support a county library, are hereby granted to the qualified voters of said county of Henry ; and the same power and authority therein granted to, and the same duties required of, the several offi- cers elected by the qualified voters of the said county of Dubois and other counties named in said act for carrying into effect the provisions thereof according to its true intent and meaning, are hereby granted to and required of the offi- cers .who may be elected for the purpose aforesaid by the qualified voters of said County of Henry.
This act shall be in force from and after the first day of June next.
SAMUEL MILROY, Speaker of the House of Representatives. RATLIFF BOON. President of the Senate.
Approved December 31st, 1821. JONATHAN JENNINGS, Governor of Indiana.
* Be it remembered that there were two separate and distinct counties, each named Delaware. The first was the " unorganized " county of Delaware, organized January 22. 1820, which embraced all of the " new purchase," being a vast tract of land relinquished by the Indians to the General Government and to the State of Indiana. The second was the present county of Delaware, organized out of a part of the first named coun- ty, January 26, 1827. It was from the first mentioned county of Delaware that Henry county was organized. "Unorganized County" means no civil government established.
BOUNDARIES OF HENRY COUNTY.
According to Section one (1) of the act creating the county of Henry, it was made a perfectly square body of territory, twenty miles from east to west and a like distance from north to south. From a glance at the map of the county
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HAZZARD'S HISTORY OF HENRY COUNTY.
of Henry or the map of Indiana showing the county, it will be seen that it is not now a body of land twenty miles square, but there is a jog of a mile in the south- west corner on the west side, for six miles. Then on the east side of the county along the center of the county there is a jog of three quarters of a mile for a dis- tance of nine (9) miles. If the county was now twenty miles square as pro- vided in the act creating it, it would contain four hundred square miles of ter- ritory.
Section one (I) of the act begins to describe the county of Henry, to-wit: "Beginning at the southwest corner of Wayne County," whereas, the southeastern corner of the county of Henry as. now defined is located six miles northwest of the "southwest corner of Wayne County." When the boundaries of the counties of the State were finally adjusted, nearly three Congressional townships of land were attached to the southern tier of Congressional townships in Wayne County. probably taken from Fayette County. Had they extended these townships along the entire southern boundary of Wayne County, Favette County would not now join the county of Henry. But then, the southeast corner of the county of Henry would be nearly six miles due north of the "southwest corner of Wayne County." The county of Henry-as it exists today, contains about three hundred and ninety square miles and approximately two hundred and fifty thousand acres of land and is bounded on the east by Randolph and Wayne ; on the north by Delaware : on the west by Madison and Hancock ; and on the south by Rush and Fayette counties.
The actual boundaries of the county of Henry as they exist today and as they have existed probably, for three quarters of a century or more, are defined in the following letter from the County Surveyor, Omar E. Minesinger :
"O. E. MINESINGER,
"COUNTY SURVEYOR. "HENRY COUNTY.
"NEW CASTLE, INDIANA, September 22, 1905. "Mr. George Hazzard. New Castle, Ind .:
"SIR: The district of country within the following boundaries constitutes the county of Henry, to-wit: Commencing at the southeast corner of section 31, township 16 north, range 12 east, and running thence north to the township line dividing townships 16 and 17; thence east to the southeast corner of section 32, township 17 north, range 12 east; thence north to the northeast corner of section 20, township 18 north, range 12 east; thence west to the range line dividing ranges 11 and 12; thence north on said range line to the northeast corner of section 25, township 19 north, range 11 east; thence west to the northwest corner of section 25, township 19 north, range 8 east; thence south to the township line dividing townships 16 and 17; thence west to the northwest corner of see- tion 1, township 16 north, range 8 east; thence south to the township line dividing townships 15 and 16; thence east with said township line to the place of beginning. "Very truly, "OMAR E. MINESINGER, "Surveyor Henry County."
CHAPTER XXXVIII.
TOWNSHIP ORGANIZATION.
ORGANIZATION OF THE SEVERAL TOWNSHIPS-POPULATION-ASSESSED VALUA- TION-TAXATION-ELECTIONS.
At the time of the assembling of the first Commissioners' Court, June 10, 1822, there were no civil townships in existence, within its jurisdiction, and one of its first cares was to provide a few of these indispensable dependencies, "with a local habitation and a name." After describing, in fitting language, the metes and bounds of these "territories," the Commissioners declared that "from and after the first Saturday in July next" they should each "enjoy all the rights and privileges and jurisdictions which to separate and independent townships do or may properly belong or appertain."
Whether this idea of an independent and separate existence and jurisdiction smacks of "State rights" or not, the reader must judge. The Commissioners were an authority in the land, in those days, and it is quite safe to conclude that they fully intended to carve out of the territorial limits of Henry County several little republics, which were to be fully competent to manage their domestic institutions in their own way.
The townships thus provided were four in number, viz .: Dudley, Wayne, Henry, and Prairie. Dudley and Wayne composed the First Commissioner's Dis- trict, Henry, the Second, and Prairie, the Third.
The original boundaries of Henry County were not identical with those of the present day, and, as a consequence, the boundaries of the townships lying on the east and west borders of the county underwent some change when the new boundaries were fixed by the General Assembly in the early 'thirties. A town- ship meeting, notwithstanding the size of the township, must have been a small affair in those times. Three years after, when the population had probably more than doubled. the whole vote for Governor was but 366.
DUDLEY TOWNSHIP.
Dudley, the first township called into being by the fiat of the Commissioners, June II, 1822, began at "the southeast corner of Henry County, of which it is a part," and running thence west on the county line dividing Henry, Fayette and Rush counties, about nine and one fourth miles from the present east line of the county, and was six miles in width. It consequently contained at least fifty five and one half sections of land, and comprised all of its present limits and about four fifths of the present township of Franklin.
1
MOONS CUI
BENJAMIN
F.
RIFFIN
MARTIN
KINSEY
JOHN
W.
HENRY
SHROYER
NDYKE
GRONE
N& DR. JO
IHN
REA
DR.THOS. W.
ERRIS
DR. SAMUEL
HENRY COUNTY CITIZENS.
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HAZZARD'S HISTORY OF HENRY COUNTY.
At this date, it is estimated that there were not one hundred and fifty persons residing within the limits of the township. A round of log rollings, house raisings, and similar "bees" occupied much of their time, and in talking with one of these veterans you will very likely be told that they enjoyed themselves and felt as hopeful, contented, and happy as at any period since.
A "Friends' Meeting House," a hewed log edifice, which stood about one mile southeast of the present site of Hopewell Meeting House, was erected in 1823 or 1824 and was probably the first attempt at church architecture in the township or in the county. The congregation had been in the habit of worshiping at the house of William Charles, north of where Hardin's old tavern stand used to be. An ancient orchard still marks the spot.
A Baptist church, a log building about eighteen by twenty feet, was erected about one and one half miles northeast of Daniel Paul's, so near the same time as to render it difficult to determine which is entitled to the claim of seniority. This church was used as a school house for a number of years.
A school house soon followed, with all the elegant appurtenances and appli- ances of the times for assisting the "young idea to shoot."
Dudley Township was the gateway of the county, as three principal thor- oughfares from the east and southeast led through it. It presents, perhaps, less variety of surface than any other township in the county, being almost entirely table land, lying on "the divide" between Flatrock and West River, with perhaps two thirds of its surface finding drainage to the latter. The passerby of early days regarded it as most unpromisingly wet. Although very little of it can be termed rolling, it is now seen to be sufficiently undulating to permit the most complete drainage of almost every acre, and under improved culture the large average crops and general fertility stamp it as one of the best bodies of land in the county.
Dudley is five and a quarter by six miles in extent, and thus contains about 19,000 acres. According to the census of 1870, it was then divided into 191 farms, an average of about 103 acres each ; supporting an almost exclusively rural popula- tion of 1.348 souls, about forty three and one half per square mile, divided be- tween 268 families and 267 dwellings. Of this number but thirteen were foreign- ers-less than one per cent., while the natives of the "Old North State" numbered 126, or nearly ten per cent. of the whole population. The value of the lands and improvements for 1870 was $542,120. The town lots and improvements were valued at $6.300, and the personal property at $249,970, making a total of wealth of $798, 390, as shown by the tax duplicate for 1870. The census of 1900 seems to have been taken only by counties ; at least the author has been unable to find any subdivision less than the county that would enable him to set out for com- parisons, all of the items mentioned above, as taken from the census of 1870; and what is true of Dudley, is true of all the other townships following. The only items of general interest that can be found relating to Dudley and the twelve townships that follow, are those regarding the population, viz. : population, accord- ing to the census of 1890, including Straughn, incorporated and New Lisbon not incorporated, 1.395 ; census of 1900, 1,359; a loss of thirty six in ten years.
The tax duplicate for 1904, the township and towns combined, shows the following : value of lands, $637,600 ; value of improvements, $III,850; total, $749.450 ; value of lots, $14.410; value of improvements, $27,560; total, $41,970;
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HAZZARD'S HISTORY OF HENRY COUNTY.
value of personal property of all kinds, $432,240: value of railroad property, in- cluding steam and electric lines, $370.720: total value of taxables of all kinds, $1.594.380 : less mortgage exemptions, $40,090 ; leaving the net value of taxables for the year named, $1.554,290.
Total taxes levied on the duplicate for the year 1904, township, Straughn, incorporated, and New Lisbon, not incorporated, combined, which taxes are as follows, viz. :- State tax, for benevolent institutions, State debt sinking fund, State school, State educational institutions, free gravel road repairs, County tax. local tuition, special school, road, township, bri lge, court house, and corpora- tion, this last being confineil to the corporation of Straughn. $20.254.76. Total polls, being a specified head tax on each male person between the ages of twenty one and fifty. 218: tax on each. distributed through different funds, $2.00; total polls in Straughn. 35: tax on each, $2.00.
From the foregoing. it will be seen that the population of Dudley Township has not been subject to much change since the census of 1870. But a compar- ison between the tax duplicates of 1870 and 1904, exhibits the fact that the taxable property of Dudley has nearly doubled during that period.
Mortgage exemption is allowed under the law which became effective March 4. 1899. Under this law, an exemption for mortgage on real estate, not in excess of the sum of $700 is allowed, and then only provided the real estate is valued for taxation at twice the sum of the mortgage exemption. Therefore, on all real estate valued for taxation at less than $1.400, the mortgage exemption could not be in excess of one half the value of the property.
The first election was ordered to be held at the house of Daniel Paul, on Saturday, July 6th, 1822, for the purpose of electing one Justice of the Peace, and William McKimmey was appointed Inspector. William McKimmey and Garnette Hayden were appointed first Overseers of the Poor for Dudley Township, and Richard Pearson and Robert Thompson "Fence-viewers." The elections were afterwards held at Benjamin Strattan's for a number of years: about 180, at Daniel Reynolds : then at New Lisbon. Soon two polls were opened-one at New Lisbon, and the other near Straughn's. Again the polls were united and held at James Macy's. At this time, there are two polls, one at New Lisbon, and the other at Straughn. The vote at the general election, held Tuesday, Novem- ber 8. 1904, based on the returns for the vote cast for Secretary of State, was: New Lisbon precinct, 200: Straughn precinct, 220; total, 420. The vote set out in the twelve townships following, is for the same election and based on the same returns.
Today, instead of the mere "trace," the "See trail." the blazed bridle path, winding around through the thickets, around or over logs, through "slashes." or high grass and stinging nettles, high as a man's shoulders, so well remembered by the "oldest inhabitant." or over miles and miles of "corduroy road." of which "internal improvements" Dudley could, fifty or sixty years ago, vie with the world, the township has nearly thirty miles of fine turnpike, splendid and well drained farms and farm houses that equal the best.
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