History of Cass County, Indiana, Part 3

Author: Thomas B. Helm
Publication date: 1878
Publisher:
Number of Pages: 71


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EDUCATIONAL.


The first impulse of the people upon whom devolved the responsibility of giving form to society in primitive Cass County, was to inaugurate a sys- tem of education which should in the future insure a safe foundation for permanent prosperity. Within a few months after the settlement at the " Mouth of Eel," Gen. John Tipton and other leading spirits set themselves about organizing an educational association, which, being perfected in a few days after the inception of the idea, received the significant title of the " Eel River Seminary Society," and became, almost at once, an incorpo- rated institution. The result was the erection of a suitable brick edifice, since known as the "Old Seminary." . The building having been made ready for occupancy, a school was commenced the first week in February, 1829, under the instruction of Mr. John Mckinney, then recently from De- troit, at a salary of one hundred dollars per quarter. This first instructor and his successors, under the auspices of the society. continued to energize the developing intellectuality of succeeding years until 1838. Then, en- larged facilities becoming necessary, the property was sold and the proceeds eventually merged with the County Seminary Fund, and appropriated to ward the building and furnishing of a building of enlarged capacity. A- new edifice was accordingly erected, and in due time occupied, the school being opened in September, 1849. This building, having served its purpose, was torn down and supplanted by the elegant public school building which now graces the city of Logansport, in the Summer of 1874.


From the organization of the Eel River Seminary Society, in 1828, when the entire population of the county numbered less than three hundred, until the present day, when our population is more than one hundred times that number, the same spirit has pervaded society, supplying, with a liberality commensurate with the demands of the day, facilities for the education of our youth, equal to those of almost any other locality, East or West


To-day, in Cass County, we have 123 district, township and ward school buildings, representing the common school grades, and, in addition Smith- son College and the city High School, representing the higher and advanced grades recognized by the educational system of the State, together with the numerous private institutions supported by the liberality of our people.


Until 1852, the utility of Normal Schools had scarcely been considered as necessary to our success. During that year, a large number of the eminent teachers in this and other States met in Logansport, and were in session


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HISTORY OF CASS COUNTY.


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several days, considering and discussing, meanwhile, the advanced ideas on the subject of school management and instruction; the duties and obligations of teachers, and the means whereby they might be enabled to secure & bet- ter standard of qualifications among themselves as a profession. Among the eminent teachers present was Dr. Cutter, the author of "Cutter's Anatomy and Physiology," who delivered a number of interesting lectures on sub- jects of vital interest to teachers, and pupils as well. It was very well attended by our home teachers, and the result was much pioneer work done for the development of a better educational system.


Until 1864, however, the experiment of introducing what is known as the Normal method of teaching had never been tried, and its utility tested. At that date, Prof. Joseph Baldwin, of great experience in that field, with T. B. Helm, then County Superintendent, conceived the idea of such a school, and accordingly established one in Logansport, leasing the old High School building for that purpose.


The result was fully equal to the highest anticipations of its friends ; and to the methodical instruction then and there received, many of the most successful instructors of this and neighboring counties owe their present efficiency and popularity.


This school continued in successful operation for three years succeeding, when Mr. Baldwin was called to Northern Missouri, where he founded & school which has since been incorporated as the Second State Normal School, in that jurisdiction. Since that time, many of the methods of instruction and school discipline then inaugurated have been incorporated in our pres- ent system, and Normal schools, as a consequence, are no longer a novelty.


SMITHSON COLLEGE.


This institution was erected by and is the immediate outgrowth of a de- sire on the part of the Indiana State Convention of Universalists to estab- lish an institution of learning within the limits of the State, which should be under their patronage and subject to their control.


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It takes its name in honor of Joshua Smithson, of Vevay, Ind., who be- queathed two-thirds of his entire estate, in trust, for the upbuilding and maintenance of an institution of learning above the grade of the common school. Mrs. Smithson, also, donated a large proportion of her own estate for the same purpose.


Smithson Academy, to be located at Muncie, Ind., was the first step toward the attainment of the object aimed at by the Convention. Neither the grade nor the location were, in all respects, satisfactory, and both these became open questions again. As a consequence, the eligibility of several points was canvassed.


Finally, Mrs. Elizabeth Pollard, widow of the late Philip Pollard, of Logansport, proposed a donation of $20,000, on condition that the grade of the institution, instead of taking that of an academy, should be a college or university, whose sphere should unite the common school with the highest grade of instruction found in the colleges, East or West, and that it should be located at Logansport.


The proposition was accepted, and a bond executed for the future con- veyance of ten acres of ground, embracing a most eligible site for such an institution, occupying a position overlooking the entire city of Logansport. This, at its estimated value, with money, making the aggregate sum of $20,- 000; of which, $10,000 was to be used as an endowment fund.


These conditions having been satisfactorily complied with, the central edifice was put under contract ; and, on the 9th day of May, 1871, the cor- ner stone was laid, with appropriate ceremonies. In due time the building was completed ; and on the 2d day of January, 1872, Smithson College was opened for the reception of students, with prospects seeming to warrant the commencement of a brillant career. The course of instruction prepared was excellent, and the President and Faculty were equal to the task imposed upon them, entering upon their duties with zealous interest, and with the prestige of long and successful experience, directing their energies toward the elevation of the educational standard, such as was contemplated by its owners and projectors.


Although the number of students in attendance has at no time been large, the instruction imparted to those who partook of its privileges has, as a rule, been most thorough and complete.


ORIGIN OF NAME.


By the treaties of October, 1826, with the Pottawatomie and Miami tribes of Indians, the United States acquired the title to the lands upon which the major part of this county is situated. Gen. Lewis Cass was the principal of the Commissioners on the part of the United States, through whose instrumentality those treaties were consummated. In addition, also, his numerous services on behalf of the people of the great Northwest gave his name a significance entitling it to perpetuation ; hence its adoption by the people of Cass County.


Again, in determining an appropriate device for the seal of the Circuit Court of the county, another phase of its significance is manifested in per- petuating the historic event of " sealing the compact" with Aub-bee-naub- bee, & principal chief of the Pottawatomies, which resulted in the treaty of October 16, 1826, with that tribe. The seal represents Gen. Cass and Aub- bee-naub-bee shaking hands.


ORGANIZATION.


The county having been organized pursuant to the enabling act of the Legislature approved December 18, 1828, and an act supplementary thereto, approved January 19, 1829, on the 13th of April, 1829, the next necessary step was the location of the " county seat."


Accordingly, on the 12th day of August, succeeding, Henry Ristine, of Montgomery County, Erasmus Powell, of Shelby, and Harris Tyner, of Marion, under the authority vested in them by the act of organization


aforesaid, " selected the town of Logansport as the seat of justice of Cass County, the Court House to be on the Court House Square, as designated on the plat of said town."


On Friday, the 1st day of May, 1829, the first Board of Commissioners, doing county business, was organized, the session being held in the old Seminary building. The first Board consisted of James Smith and Moses Thorpe; Chauncey Carter, who was elected at the same time, failing to be sworn.


The organization of townships, according to the date when their respect- ive boundaries were prescribed and names designated occurred in the order following :


Eel Township was organized and its boundaries designated among the first acts of the County Board, on the 1st day of May, 1829. These boun- daries have been modified from time to time until they were recognized in form as they are found at present.


Miami Township was designated as a subordinate jurisdiction, on the 8d day of January, 1831.


Jefferson Township dates its organization from the 6th of September, 1881. Clay Township was declared a separate local jurisdiction on the 7th of May, 1832.


Clinton Township was organized March 4, 1834.


Adams Township was first recognized as a separate jurisdiction May 6, 1835. Harrison Township was designated as such on the 7th of March, 1836. Bethlehem Township was declared such by a designation of its boundary on the 7th of March, 1836. Noble Township was organized on the 8th of March, 1836.


Boone Township had the boundary originally defined on the 8th of May, 1838. Tipton Township dates its organization from the 3d of March, 1840. Deer Creek Township was organized on the 26th of July, 1842. Washington Township was organized September 7, 1842. Jackson Township was organized June 6, 1847.


AN INCIDENT IN LAND BUYING.


Among the numerous incidents connected with the history of land buy- ing in Cass County, the following is a sample: Several land buyers had an eye on a "lot." the quality of which was accepted as "first-rate," and each was making his own calculations to get to the " Land Office " ahead of the others. Among the number was John Fletcher, who entertained a secret desire to " slip in first " and " pick up" the same lot. Suiting his actions to his intentions, he quietly put himself in pursuit of the game-" afoot." The Land Office, where the entry of this lot must be made, was located at La Porte, and required some sharp traveling by the best route to get there within a reasonably short period. The motions of the prospective buyers depended very much on the amount of money each had about his person, each adopting the plan his own " shrewdness" suggested. Mr. Fletcher was not overstocked with money, and went on the " cheaps," and, travel- ing day and night without halting, he reached the Land Office first, and `thus secured the prize. The excitement of the race buoyed him up, and for the time being he was unconscious of his exhaustion, until, having gained his point, his mind was relieved of the strain upon it. In this condition, he regaled himself with a generous supply of "fire water," and started homeward, the weather being stinging cold. That night, he "laid out," and there was snow upon the ground. The result was, his feet and legs were so badly frozen that they had to be taken off about the knee joint, making him a cripple the balance of his days. He was afterward often seen in Logansport, in its early days, "stumping it " around at a gait that would do credit to modern pedestrians. He got his land, however, and that was what he went for.


EARLY PURCHASES.


After Alexander Chamberlain and William Newman, the first purchases of land were made by Lloyd B. Harris, who, on the 10th day of September, 1825, purchased the fractional east half of the west half of Section 34, Township 27 north, Range 1 east ; Lemuel G. Marsh, who purchased, on the 15th of November, 1825, the fractional west half of the west half of the same section ; Christian Simons, on the 10th day of December, 1825, the west half of the northeast quarter, and the east half of the northwest quarter of Section 33, Township 27 north, Range 1 east; and on the same day, George B. Walker purchased the west half of the northwest quarter of the same section, township and range with Mr. Simons.


These being the first, other purchases were numerously made soon after, thus adding rapidly to the number of land owners and the actual settlers of Cass County, who have left their mark in the before unbroken forest, and left it a goodly heritage to their children.


MICHIGAN ROAD.


By the provisions of the act of the General Assembly of the State of In- diana, approved January 21, 1828, " John McDonald, of Daviess County, and Chester Elliott, of Warwick, were appointed Commissioners to survey and make a road from Lake Michigan to Indianapolis, agreeably to the late treaty with the Pottawatomie Indians, and the act of Congress in confirmation thereof."


Under that authority, work was immediately commenced, and the line of road, making Logansport a central point, was accordingly surveyed, located and marked out the succeeding Summer and Fall. As a general business thoroughfare, it was one of the most valuable improvements of its day, open- ing up a line of trade that tended, perhaps, most largely to develop the vast natural resources of Cass County.


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HISTORY OF CASS COUNTY.


The history of this road, during the first fifteen years of its use, is full of interesting incidents, as they illustrated the experiences of those who, from necessity, were compelled to traverse its line through bottomless mud or endless " corduroy." Its reputation was not limited to Cass or other counties along the borders, but was co-extensive with the settled districts of the entire Northwest. Indeed, its name was abroad as far East as the Alle- ghanies and beyond, for the whole tide of emigration, passing from the Eastward to populate the newly acquired domain in Indiana and the more Western States and Territories, must flow along this great thoroughfare, because no other was so direct, and none affording better inducements for travel.


Some almost fabulous stories have been told by travelers of their experi- ences in endeavoring to make time with " a good six-horse team," when at the end of a day of laborious travel, sunset would overtake then while yet in sight of the spot where the day's journey was commenced, Such experi- ences were numerous, as many who may read this will readily attest.


Traveling by public conveyance, along the Michigan road, especially from Logansport south, in the direction of Indianapolis, has, also, its char- acteristic incidents. Among these, the fact that " stage passengers " were sometimes under the necessity, not only of leaving the " coach " (oftener a " mud-wagon ") and walking much of the way, but carrying each a " rail " with which to " pry " the vehicle out of the mud or to assist in extricating the exhausted team from the mire. Remembrances of such feats are still fresh.


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WABASH & ERIE CANAL.


By the act of Congress, approved March 2, 1827, provision was made for assisting the State of Indiana to open a canal, connecting " the waters of the Wabash with those of Lake Erie," "for the more easy and cheap convey- ance of goods and merchandise from one extreme thereof to the other," through the country then illy povided with the means of transit and inter- communication between the different sections of this and the older settled portions of Indiana, adjacent and more distant, thus magnifying the im- portance of the interests to be derived from the newly acquired purchase from the cessions of the preceding October, 16th and 23d, by the Pottawat- omie and Miami Indians.


The survey of the canal was commenced in 1833, several routes being traversed for the purpose of selecting the most available. It was not, how- ever, until 1835, that there was any determination as to the more practicable route. In order to supply the public demand for it. the Legislature of 1834-5 directed the survey of two proposed routes through this county ; one of these to cross the Wabash above Logansport, passing down through the low lands on the south side until it should intersect another proposed route crossing from the north side; the other, commencing at the same point and running along the north side, through Logansport, crossing Eel River, and thence down, on the same side of the Wabash, so as to cross the Wabash above Delphi, and there intersect the main line. The latter route, from considerations not then nor since generally understood or sanctioned, was accepted as the more practical.


The work was subsequently let about the 15th of September, 1835. along the selected route, and the work commenced on special sections shortly thereafter, but no part of the work was completed in Cass County until the Summer of 1838. In the Fall of 1838, water was let in and boats came down as far as Berkley street, Logansport, about September of that year. Boats, however, did not pass through the city and cross Eel River until sometime in the Summer of 1840.


As soon as the canal was completed to Lafayette and put in operation, its utility as a means of cheap transportation for heavy freights and the products of the country began to be fully realized, and its popularity con- tinued unabated during & period of more than a third of a century, answer- ing fully the purposes contemplated by its original projectors. But in the course of time, its usefulness was measurably superseded by the greater facilities afforded by railroads, for transportation and conveyance, than could be offered by the canal. Having completed its mission, it was aban- doned in 1875.


THE CIRCUIT COURT


was organized on Thursday, May 21, 1829, with Bethuel F. Morris, Presi" dent Judge of the Fifth Judicial Circuit of the State of Indiana, and Hiram Todd and John Smith, Associates. The attorneys present on the occasion were Albert S. White, Andrew Ingram and Henry Cooper. The other officers of the court were John B. Duret, Clerk, and William Scott, Sheriff. This first term of the court was held in the Seminary, and continued in session one day, no other business being transacted than to perfect the organization and direct the procurement of the necessary record books and to adopt a seal. The seal so adopted consists of an interior design, representing Gen. Cass and Aub-bee-naub-bee, with hands joined, in the act of ratifying the provisions of the treaty of October 16, 1826, by which the greater part of Cass County was acquired.


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On Thursday, November 19, 1829, the second term commenced, the same Judge being present, William W. Wick appearing as Prosecuting Attorney. The attorneys present were Thomas J. Evans, Calvin Fletcher, Aaron Finch, David Patton and Benjamin Hurst, in addition to Albert S. White, who was present at the May Term.


The first cause in which proceedings were had was an action for partition commenced by Jean Baptiste Cicott against Sophia and Emily Cicott, in which Thomas J. Evans represented the petitioner, and the case proceeded no farther than the appointment of commissioners to examine and make partition "according to law." In this case, notice was given by publica- tion in the Pottawattamie and Miami Times, which was the first legal notice aver published in the county, proof being made of its due publication.


Since the organization of this court, numerous attorneys have been admitted to practice at its bar. Among those may be mentioned a few who


have acquired some celebrity in the profession and otherwise placed high their mark in the esteem and confidence of their fellow citizens, without in any wise detracting from the merits of the many whose names are omitted : Hon. Albert S. White, the senior member of this bar, was then, and since, a citizen of Lafayette. Though never a resident of Cass County, profession - ally, politically, and in the civil walks of life, his name and fame have been proclaimed here in a measure that entitles him to registry here.


Calvin Fletcher, of Indianapolis, also among the first practitioners in the courts of this county, ranked high in his profession here and in his own county.


James Rariden, of Wayne County ; Edward A. Hannagan, of Montgom- gery County : David Wallace, of Marion County ; Charles W. Ewing, of Allen County ; Samuel C. Sample and John B. Niles, of St. Joseph County, were among the most noted of the early attorneys, not residents here, who prac- ticed in our courts. Of these, Charles W. Ewing and Samuel C. Sample were among the early Judges of this Circuit Of our home attorneys, Thomas J. Evans, Benjamin Hurst, George Lyon Henry Chase and Peter J. Vandevier were the first to be admitted to practice, from the organization of the court up to 1832, with John W. Wright in 1833. After these came James W. Dunn, Spear S. Tipton, Williamson Wright, George W. Blakemore, John S. Patterson, Daniel D. Pratt, William Z. Stuart, John F. Dodds and William S. Palmer, prior to the year 1840.


Next succeeding these were Horace P. Biddle and John B. Dillon, in May, 1840 ; Charles B. Lasselle, August, 1841 ; Jacques M. Lasselle, Sep- tember, 1841 ; Benjamin W. Peters, in August, 1845; Lewis Chamberlin, in February, 1851 ; Samuel L. McFadin, in May, 1852 ; Stephen C. Taber and Edwin Walker, in November, 1852. These constituted the roll of Cass County attorneys admitted under the old judicial system of Indiana.


Under the present system, admissions have been more numerous. Aside from those named above, the attorneys practicing in our County Courts, at this date, are the following: Dudley H. Chase, D. P. Baldwin, M. Win- field, Nathan (). Ross, Stewart T. McConnell, Dyer B. McConnell, David D. Dykeman, D. C. Justice, John C. Nelson, Rufus Magee, Aaron M. F ory, H. C. Thornton, Frank Swigart, Asa H. Dame, J. M. Howard, James M. Jus- tice, Thomas J. Tuley, John A. Chappelow, D. B. Graham, J. C. McGregor, T. C. Annabal, F. S. Crockett, Quincy A. Myers, William T. Wilson, W. W. Thornton, D. H. Palmer, R. B. Stimson, John W. McGreevy, Frank Herald, Robert Ray, W. H. Jacks, A. S. Guthrie, Michael D. Fansler, Will- iam Guthrie, John G. Meck.


PROBATE COURT.


The Probate Court of Cass County commenced its first session at the "Seminary " on Monday, the 2d day of November, 1829, before Hon. John Scott, Judge, who, at the election in August, of that year, was chosen to that position, having been, previous to his settlement here, Probate Judge in Wayne County, Indiana.


After the entry of preliminary proceedings, the record shows the follow- ing as the first business presented for the consideration of the Court :


"On motion and suggestion of Francis Godfroy, Administrator on the estate of Francis Lafontaine, deceased, by Thomas J. Evans, his attorney, Chauncey Carter and Hiram Todd were appointed appraisers to appraise the real property of said Lafontaine ; and, on further motion, it was ordered that a summons issue commanding the heirs of the said Lafontaine to appear. at the next term of this Court to show cause why the real estate of said Lafontaine, or so much thereof as will supply the deficiency of the personal estate to pay the debts of said estate, shall not be sold."


The first letters of administration issued in the county were granted on the said 2d day of November, 1829, to James Nixon, " of the goods and chattels, rights and credits, moneys and effects, which were of Asa Davis, late of the County of Cass, who died intestate."


On the same day, other letters were granted by the Judge to Jacob R. Hall, on the estate of John Hall, who also died intestate. These proceedings thus briefly referred to comprised all the recorded transactions of the term, which occupied but one day. The second term was in session one day, and the third no longer time. As the population increased, the amount of busi- ness coming under the jurisdiction of this court increased also, making it necessary that the duration of the sessions be extended.


All the probate business of the county was disposed of by this court, ex- cept in cases where the Judge thereof was under disability, from interest or otherwise; then such causes were transferred to the Circuit Court for adjudication.


By the revision of the laws under the new Constitution of 1852, the Pro- bate system was changed and the business assigned to the Court of Common Pleas, which at that time came into existence. This latter court continued to have jurisdiction of probate matters, until 1873, when, by the act discon- tinuing that court, the business was transferred to the Circuit Court, where the probate authority is at present vested, in this county, the business being chiefly in the hands of a Master Commissioner.




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