USA > Indiana > Henry County > Hazzard's history of Henry county, Indiana, 1822-1906, Volume II > Part 45
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In 1849 the question was submitted to the voters of Indiana for or against a constitu- tional convention. The election was held August 6th and Henry County voted 1,507 for and 1,261 against. The proposition carried in the State by a vote of 81,500 for to 57,418 against. Accordingly, a convention consisting of one hundred and fifty members con- vened at Indianapolis, October 7. 1850, and adjourned February 10, 1851, when the present constitution, less the amendments which have been adopted since the Civil War, was sub- mitted to the voters of Indiana for their adoption or rejection. It was adopted on the "first Monday in August, 1851," and became effective by the proclamation of the governor, November 1st of the same year.
On this question, Henry County voted as follows: "For the constitution," 2,200; "against the constitution," 621; "for exclusion and colonization of negroes," 1,931; "against exclusion and colonization of negroes." 802. In other words, a little more than fifty years ago, nearly two and a half to one, the electors of Henry County voted to ex- clude all persons of color from Indiana, and not heing satisfied with this, they also voted that all persons of color then residing in Indiana should be deported and colonized il: Africa or elsewhere outside of the jurisdiction of the United States. The total vote in the State for exclusion, etc., was 109,976; against, 26,066; equal to a majority of 83,910 for legal discrimination against a man on account of his color and for forcible ejection from the State. However, this part of the constitution was always a dead letter and was finally expunged by the fourteenth amendment to the constitution of the United States. The word "white" was stricken from the State constitution by the fifteenth amendment to the Federal instrument.
The delegates from Henry County to this convention were men of capacity and each acquitted himself creditably. Isaac Kinley is still living, at a very advanced age, in Los Angeles, California, and is probably the only surviving member of the convention. Full biographical mention is made of him elsewhere in this History in connection with the history of the 36th Indiana Infantry, in which regiment he reached the rank of major.
Dr. George H. Ballengall lived for many years in Fall Creek Township, where he was not only a physician with a large practise but also a civil engineer of much reputa- tion. He acted for a long time as Surveyor of Henry County and under the title of that office published in this chapter will be found full official reference to him in that capacity.
Daniel Mowrer came to Henry County from Pennsylvania. He was a very enter- prising man and was a brother of Nicholas Mowrer, who was so long identified with the woolen mill which stood near Hillshoro, and afterward until his death was a leading merchant in New Castle. Daniel Mowrer soon after the completion of the first railroad to New Castle, the present Panhandle, huilt the large flouring mill which stood two squares due north from the present union depot. His venture was not successful and later he moved to Marion, Grant County, Indiana, where he resided until his death.
In considering the political divisions that have existed in Henry County, note should be taken of the fact that the early immigration to the county came principally from three States, North Carolina, Kentucky and Virginia, with a sprinkling from Tennessee. A later immigration came from Pennsylvania and Ohio. The political opinions and divis- ions which these sturdy immigrants brought with them are yet clearly discernible in the politics of the county and may be traced hy well defined lines from the original settle- ments.
COUNTY CLERK.
Under the first constitution of the State which was in force from December 11, 1816, when Indiana Territory became a State (although the State government actu- ally began November 7. 1816) to November 1, 1851, all elections were held
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annually "on the first Monday of August." The term of office of the county clerk was seven years. Under the present constitution of the State, effec- tive since November 1, 1851, the term of this office was reduced to four years, and it was provided that "all general elections shall be held bien- nially on the second Tuesday in October, beginning in 1852." The constitution was amended March 11, 1881, to provide that "all general elections shall be held on the first Tuesday after the first Monday in November, but township elections may be held at such times as may be provided by law." This amendment makes the State elections which are biennial fall every fourth year on the same date as the presidential election.
The first constitution provided that "nothing herein contained shall prevent the clerks of the circuit court . ( county clerk) from holding the office of county recorder." Accordingly Rene Julian was during his term as county clerk, until his death, ex-officio county recorder.
Under the first constitution the county clerk was clerk of the circuit court and pro- bate court and until the office of county auditor was created in 1841, clerk to the board of county commissioners and discharged many of the duties now performed by the county auditor. Under the constitution of 1851 he was also clerk of the court of common pleas until that court was abolished in 1873, thus leaving now the circuit court only.
In the following roster of county clerks and all other county officers the names of the respective incumbents are followed by the dates of their respective terms, which is made up from the official records in the office of the Secretary of State, showing the dates of their respective commissions or the days when their terms of office began; in case of vacancies by resignation or death, then by the records of the board of county commis- sioners and from official records on file in the office of the county clerk. The variations in the duration of the terms of county clerks and of all other county officers were occas- ioned by the change from the old to the new constitution and aside from this change the variations were more frequent from vacancies occasioned by death and in early days an occasional resignation, and by the later law making the time of induction into office on the uniform date of January 1. The word "commissioned" implies an election.
CLERKS.
Rene Julian, commissioned from July 5, 1822, to July 5, 1829; died in office August 9, 1828, within a week after he had been elected for another full term from July 5, 1829.
Abraham Elliott, appointed August 11, 1828, vice Julian, deceased, serving to August 13, 1829.
John Elliott, commissioned August 13, 1829, to August 13, 1836; died in office, August, 1833.
Thomas Ginn, appointed August 23, 1833. vice John Elliott, deceased; served to Oc- tober 25, 1833, when he resigned, being at that time county recorder.
Eli Murphey, appointed October 25, 1833, serving to August 13, 1836, thus filling the unexpired term of John Elliott, deceased, vice Thomas Ginn, resigned. Murphey was elected to the full term of seven years, and commissioned from August 13, 1836, to August 13, 1843.
Samuel Hoover, commissioned from August 13, 1843, to August 13, 1850.
Simon T. Powell, commissioned to serve from August 13, 1850, to August 13, 1857. The constitution of 1851 becoming effective, his term of office was reduced to one full term of four years from November 1, 1851, plus the time he had served under the old constitution; hence Mr. Powell served from August 13, 1850, to November 1, 1855.
John C. Hudelson, commissioned from November 1, 1855, to November 1, 1859.
Benjamin Shirk, commissioned from November 1, 1859, to November 1, 1863; re- elected and commissioned from November 1, 1863, to November 1, 1867.
Harry H. Hiatt, commissioned from November 1, 1867, to November 1, 1871; died in office March 21, 1871, after he had been elected for another full term from November 1, 1871.
David W. Kinsey, appointed vice Harry H. Hiatt, deceased, March 21. 1871, serving to October 29, 1872.
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HAZZARD'S HISTORY OF HENRY COUNTY.
Robert B. Carr, commissioned from October 29, 1872, to October 29, 1876. John S. Hedges, commissioned from October 29, 1876, to October 29, 1880. Milton Brown, Jr., commissioned from October 29, 1880, to October 29, 1884. Adolph Rogers, commissioned from October 29, 1884, to October 29, 1888. Benjamin S. Parker, commissioned from October 29, 1888, to October 29, 1892. Charles S. Hernly, commissioned from October 29, 1892, to October 29, 1896.
Loring A. Williams, commissioned from October 29, 1896, to October 29, 1900.
George W. Burke, commissioned from October 29, 1900, to October 29, 1904; died in office October 18, 1901.
Joseph M. Brown was appointed vice George W. Burke, deceased, October 22, 1901, and served to January 1, 1903; elected and commissioned from January 1, 1903, to Janu- ary 1, 1907; present incumbent.
BIOGRAPIIICAL.
Many of the county's eminent citizens have filled the office of county clerk, namely. Rene Julian, Abraham Elliott, Thomas Ginn, Eli Murphey (afterwards represented Henry County in the State Senate), Samuel Hoover ( who was for seven years prior to this pro- bate judge), Simon T. Powell (afterwards for about four years Supervisor of Internal Revenue for the District of Indiana under President Grant), John C. Hudelson (before this county treasurer for six years), Benjamin Shirk (afterwards for four years State Senator), Benjamin S. Parker (who previously was for about four years United States Consul at Sherbrooke, Canada, and afterward served as a member for one term in the lower house of the Indiana General Assembly), and Charles S. Hernly (eminent in pro- moting the material growth of New Castle and Henry County and who was the origina- tor and successfully accomplished the completion of the Indianapolis, New Castle and Toledo (electric) railway).
Eli Murphey filled the office longer than any other man, serving by appointment and election nine years, nine months and twenty days.
One clerk, Thomas Ginn, resigned. Four clerks, Rene Julian, John Elliott, Harry H. Hiatt and George W. Burke, died in office. Robert B. Carr had served two terms as sheriff before reaching the county clerk's office.
Harry H. Hiatt, David W. Kinsey, Robert B. Carr, George W. Burke and Joseph M. Brown were soldiers in the Civil War whose respective services will be found appropri- atcly set out elsewhere in this History.
Other chapters of this History contain proper biographical reference to Abraham Elliott, Eli Murphey, Samuel Hoover, Simon T. Powell, John C .Hudelson, Benjamin Shirk, David W. Kinsey, Benjamin S. Parker and Charles S. Hernly.
RENE JULIAN, the first county clerk, came at an early day from North Carolina and settled first in Wayne County, Indiana. He came to Henry County in 1821. He was a member of the well-known Julian family that became so prominent in Wayne and Henry counties, being an uncle of George W. Julian, for so many years a member of Congress from the old "burnt dstrict," of which Henry County was always a part. Another nephew. Jacob B. Julian, became very prominent in eastern Indiana. Still another nephew. Emsley Julian, was for four years treasurer of Henry County. Rene Julian had a brother named Shubal who lived for many years in Harrison Township and who was largely known and enjoyed an enviable reputation throughout the county.
JOHN ELLIOTT was not related to his immediate predecessor, Abraham Elliott. He was a young physician of Knightstown, but his knowledge of medicine did not save him from the ravages of cholera, so prevalent throughout the county in 1833.
THOMAS GINN was one of the very early settlers from Kentucky and it must be con- ceded that he was a very popular man when his name is considered in connection with the register of clerks, recorders and sheriffs, all of which offices he filled. He resigned as county clerk and failed to qualify as recorder for nearly two years after he was elected to that office. He was appointed sheriff in 1825 vice John Dorrah, deceased, and refused to qualify. He was elected sheriff in 1839 and served the full term of two years, soon after the expiration of which he moved to Mount Pleasant, Henry County, Iowa, where
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he died and is buried. He built the first brick house erected in New Castle, about 1830, and probably the first one built in the county. It was a one-story structure containing four rooms and stood on Broad Street about fifty feet east of the First National Bank building. This house became the first residence of Samuel Hazzard and in it the author of this History was born July 22, 1845. The Ginns were for a long time very numerous in Harrison Township. They all came from Kentucky and were all related.
HARRY H. HIATT was the third clerk to die in office. He lived at Knightstown and went into the army from there. He was a gallant soldier, serving in Company B, 19th Indiana Infantry in the Army of the Potomac under Colonel (afterwards General) Solo- mon Meredith. The wounds that he received at one of the desperate battles in Virginia undoubtedly hastened his death. A widow and two daughters survive him. His remains were first buried in the old cemetery and since re-interred in Glencove Cemetery, Knights- town.
ROBERT B. CARR lived in Franklin Township before the war, where he married the daughter of Robert and Elizabeth (Maple) Smith. After his terme as clerk had expired he moved to Harper County, Kansas, and became a member of the State Legislature. He now lives in Lebanon, Potter County, South Dakota.
JOHN S. HEDGES was born in Harrison County, Ohio, April 25, 1848, and came with his mother to Henry County in 1855. He educated himself under many disadvantages. Later he taught school, studied law and was deputy county clerk under David W. Kinsey and Robert B. Carr, succeeding the latter in the office. He was married in 1874 to Emma Cook. They have two sons, Eugene S. and Horace J. After retiring from the clerk's office he practised law for a time in partnership with David W. Chambers, and then went into several manufacturing enterprises. He is now engaged in active business in New Castle, with his son, Eugene S.
MILTON BROWN, JR., was born at Ogden, Henry County, May 12, 1854. When his fa- ther. Milton Brown, Sr., was elected recorder, Milton, Jr., assumed the duties of deputy under him. On the death of his father he was appointed to fill the former's unexpired term. Later he was elected county clerk and upon his retirement from that office moved to Garden City, Finney County, Kansas, where he practised law and took an active part in politics. He represented his senatorial district in the Kansas Legislature. Afterward he moved to Topeka, the capital of the State, where he is now engaged in the practise of the law.
ADOLPH ROGERS, born in Henry County, August 16, 1847, is a grandson of Ezekiel Rogers of whom and his family proper biographical reference will be found elsewhere in this History. His father was William A. Rogers, who lost his life in the Civil War and whose name will be found in the Roll of Honor. His mother was Rachel Draper, of the well-known family west of New Castle. He early taught school and was the deputy treas- urer under George Hazzard, author of this History, and afterward under Luther W. Mod- lin. He was for a time part owner and editor of the New Castle Courier. He read law in the office of the late James Brown and is now actively engaged in the practise of his' profession in New Castle. He has always takeu great interest in educational matters and has been school trustee of New Castle and a member of the county board of education. He was also the first county assessor appointed under the law approved March 6, 1891.
LORING A. WILLIAMS, born in New Castle June 18, 1849, was a son of Simon and Ann J. Williams. He was early left an orphan, his father having been killed in a railroad accident in New Castle, July 27. 1854. He was educated at the New Castle schools and at the Spiceland Academy. Later he taught school, filled several clerical positions, became deputy county clerk under John S. Hedges and then county clerk. He was married in 1881 to Carrie (now deceased) daughter of Rev. W. C. Bowen. He is now one of the rural route mail carriers from the New Castle postoffice.
DOCTOR GEORGE W. BURKE was born in Franklin County, Pennsylvania, February 26, 1841. In 1866 he moved to New Castle. A year later he went to Sulphur Springs, re- turning to New Castle in 1870. As a physician and surgeon he had a large practise. He was for two terms a member of the New Castle Common Council and for one term school trustee. Governor Albert G. Porter appointed him one of the trustees of the Insane Asy- lum at Indianapolis. He was the fourth and last clerk to die in office.
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HAZZARD'S HISTORY OF HENRY COUNTY.
JOSEPH MENDENHALL BROWN was born on the home farm in Blue River Township, Henry County. August 10, 1841, a son of Moses and Delphia ( Dowell) Brown. Moses Brown was born in Preble County, Ohio, December 1, 1819, and came with his parents to Henry County in 1822, where his father entered land from the government, in Blue River Township. Moses Brown was a man of industry, who by his patient toil and sys- tematic farming, assisted in making Henry County a garden spot out of the wilderness of woods. In 1852 he purchased one hundred and eighty acres of land in Liberty Town- ship, on which he resided during the remainder of his life. He was married March 8, 1839, to Delphia Dowell, born in North Carolina, April 15, 1819, and who came to Henry County when a child, residing with the late Samuel Wells in Liberty Township until her marriage. Eleven children were born to Moses and Delphia (Dowell) Brown, of whom Joseph M. was the second child. Moses Brown died August 5, 1883, and his wife died June 13, 1893.
Joseph M. Brown remained on the farm until he was twenty one years old, attend- ing the township schools during the winter season. In 1862 he responded to the call for volunteers in the Union cause and enlisted as a private in Company I, 69th Indiana Infantry. He participated in the severe engagement between the Union and Confed- erate forces at Richmond, Kentucky. August 30, 1862, where he was only slightly wounded, but reported as killed. The battle was very disastrous to the Federal forces. Most of the 69th Indiana and other regiments were captured. Brown was also taken prisoner but he escaped and made his way to Louisville, Kentucky, from which place he wrote to his parents. He was held at Louisville for about three weeks, when he was furloughed home.
Meantime the report had reached his home that he had been killed in the engage- ment at Richmond, Kentucky, and he was mourned as one dead by his parents and friends, the letters which he had written home from Louisville having failed to reach their destination. At daylight one morning late in September, 1862, he knocked at the door of his parents' home in Liberty Township. His mother admitted him and was so overcome with surprise at his appearance that she grasped him in her arms and shed tears of excessive joy on his shoulder. His father was sick with what was thought to be a fatal illness, but he leaped from his bed and joined in the general rejoicing at the soldier son's return and rapidly regained good health from that time. The Federal troops captured at Richmond, Kentucky, were paroled and the 69th Indiana was ordered to old Camp Wayne, Richmond, Indiana, where it was reorganized and held until ex- changed, and where Mr. Brown rejoined it, when it was again ordered to the front. Later Mr. Brown was seized with an attack of the measles and was taken to the military hospital at Indianapolis. Being unfit for further military duty he was honorably dis- charged May 26, 1863, and again returned home. His military record is set out in full elsewhere in this History. 1
In September, 1863, Joseph M. entered the New Castle Academy, then in charge of Professor Henry M. Shockley, and remained until the following spring. Afterward during the winter months he taught a term of school in Harrison Township and several terms in Liberty Township, until in 1866 he entered the law office of Brown and Polk as a student. In January, 1871, . he opened a law office at Knightstown and remained there two years. Returning to New Castle in January, 1873, he formed a law partner- ship with the late James Brown. the latter's partner. Robert L. Polk. having been elected judge of the Common Pleas Court. This partnership continued for about four and one-half years, when he was elected Prosecuting Attorney of the Eighteenth Judicial Circuit and discharged the duties of that office for one term of two years. In 1884 he became the law partner of Rolljn Warner. now a leading attorney of Muncie. In 1889 he and Samuel Hadley Brown formed a law partnership which continued until Joseph M. was appointed county clerk to succeed Doctor George W. Burke, deceased, in October, 1901, to which office he was elected in 1902 for a four years' term.
He was married October 5, 1874. to Rachel Stout, daughter of David Stout, of Franklin County. A son, Charles Stout Brown, was born to them August 11. 1881. He is now and has been for six years past, connected with Levi A. Jennings, a leading
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manufacturer and hardware merchant of New Castle. Rachel (Stout) Brown died May 3. 1886. Mr. Brown was again married, May 12, 1892. to Martha, daughter of William and Ruth ( Bond) Nicholson, of Liberty Township, born January 10, 1846, who has proved in every way a fitting marital companion and their home in the eastern part of New Castle is a very happy one, where their friends delight to meet and partake of the generous hospitality of the host and hostess.
Mr. Brown while practising law was called upon several times to serve as a mem- ber of the School Board and while serving in that capacity was largely instrumental in causing the erection of the present commodious school buildings in New Castle-one on Fourteenth Street and the other on Twenty first Street. As a lawyer he has always taken front rank at the bar and in the discharge of the duties of citizenship has ever proved faithful and efficient. In addition to the duties of his office he finds time to suc- cessfully manage a large farm which he has brought to a high state of cultivation and in the supervision of which he finds great enjoyment.
The first public employment Mr. Brown had was that of collector of delinquent turnpike taxes, under George Hazzard, the author of this History, when the latter was treasurer of Henry County, 1869-71. The exacting duties of this position Mr. Brown discharged with fidelity and zeal.
COUNTY AUDITOR.
By an act of the General Assembly, approved February 12, 1841, the office of county auditor was created. Prior to this period the position of clerk to the board of county commissioners had been filled by the clerk of the circuit court, the duties of clerk to the county board so far as they went being somewhat similar to the duties now performed by the county auditor, although not nearly so extensive as those that now devolve upon him. Indeed, the records of the first twenty years' transactions of the clerk to the board of county commissioners are not equal to those recorded for one quarter of a year at the present day. Some estimate may be formed of the duties of the office and the necessities of a county auditor from the fact that Rene Julian, the first county clerk, was allowed but seventeen dollars for his lahors as clerk of the board for four terms of the commis- sioners' court in 1822. Today the duties of the county auditor require the unremitting labor of three and sometimes four persons from early morning, every working day in the year. The term of the office until the new constitution became effective was five years, when it was reduced to four years. No man other than a Whig or Republican ever filled the office.
AUDITORS.
James Iliff, commissioned from 1841 to 1846: re-elected and commissioned from 1846 to 1851.
Thomas Rogers, commissioned from 1851 to November 1, 1855.
James S. Ferris, commissioned from November 1, 1855, to November 1. 1859; re- elected and commissioned from November 1, 1859, to November 1, 1863.
Thomas Rogers, commissioned from November 1, 1863, to November 1, 1867.
Seth S. Bennett, commissioned from November 1, 1867, to November 1, 1871; re- elected and commissioned from November 1, 1871, to November 1, 1875.
William W. Cotteral, commissioned from November 1, 1875, to November 1, 1879; re- elected and commissioned from November 1, 1879, to November 1, 1883.
Joshua I. Morris, commissioned from November 1, 1883, to November 1, 1887; re- elected and commissioned from November 1, 1887, to November 1, 1891.
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