USA > Indiana > Elkhart County > History of Elkhart County, Indiana; together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history: portraits of prominent persons, and biographies of representative citizens > Part 36
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At this meeting James Frier was appointed County Treasurer; John Frier, Lister for the county; Howel Huntsman, Constable for Concord township; James Beck, Constable for Elkhart town- ship; Benjamin Gilbreath, Inspector of Elections for Concord, and Azel Sparklin, another Inspector for Elkhart township, and the Sheriff, Eli Penwell, Collector for the county. It was also ordered, during the same session, that Mr. Thomas Thomas be allowed 825.50 to furnish blank books. The next meeting of the Board of Justices was held on July 13, 1830, when the following business was transacted: 1st. The formation of the territory east of Elkhart county into the township of Mong-go-qua-nong. 2d. The report of William G. Ewing, Hugh Hanna, John Bishop and Samnel Flemming, a quorum of Commissioners, appointed under the act for the formation of St. Joseph and Elkhart counties, was accepted. This report was as follows:
To the Board of Justices of Elkhart County, State of Indiana :
The undersigned Commissioners who were appointed by an act of the General Assembly of the State aforesaid, entitled an act for the formation of the counties of St. Joseph and Elkhart, approved January 29, 1830, to select a site for the Seat of Justice of said county, agreeable to an act entitled an act for fixing the Seats of Justice in all counties hereafter to be laid off; Report : That they met at the house of Chester Sage, in the said county of Elkhart, on the fourth Monday, being the 24th day of May, A. D. 1830; and after being duly sworn according to law, pro- ceeded to examine the different sites for a town in which to establish the seat of said county of Elkhart. And after having made full and satisfactory examination as aforesaid, they have selected southwest quarter of section 24, township 37, and range 5 east. [now attached to the district of land sold at the Fort Wayne land office, which said land they discover, and further report has never been offered for sale by the United States.
The undersigned have further selected the name of
as a suitable name for said town as aforesaid.
412
HISTORY OF ELKHART COUNTY.
In witness whereof we have here unto set our hands and seals this 26th day of May. A. D. 1830.
JOHN BISHOP. [Seal. ]
H. HANNA, [Seal.]
SAMTEL FLEMMING,
[Seal.]
JOSEPH BENNETT.
[Seal. ]
W. G. EWING. [Seal. ]
And the undersigned Commissioners aforesaid, adjourned until the second Monday, being the 12th day of July. A. D. 1830, to meet again at the house of the said Chester Sage, in said county of Elkhart, as aforesaid, and then proceed to deliver the aforesaid report to the said Board of Justices of said county aforesaid: said adjournment being in consequence of a want of a proper Board of Justices or Commissioners in said county. to whom to deliver said report according to law.
Elkhart County, May 26. 1830.
This postscript to the report is duly signed by the commissioners. It appears from an entry made subsequently in the Record Book. that these gentlemen were sworn into office by Justice M. H. Tailor. of Fort Wayne, on Mar 21 and 22. 1830. In compensation for the work and expenditures of these commissioners, the Board of Justices did, on July 13. 1830, order the following amounts to be paid them by the county treasurer out of the first moneys aris- ing from the sale of town lots in the proposed connty seat, riz. :-- Hugh Hauna, §36: Samnel Flemming. $51: Wm. G. Ewing. 836: Joseph Bennett, 845; John Bishop, $$1. John C. Frier was voted the sum of $12 at the same time for listing the county. After this round of important business was finished, the Board ordered the sheriff to notit's all qualified electors of the county to assemble at the regular polling booths in their respective townships on the first Monday in August, and proceed to elect by ballot a county representative. a sheriff and a coroner. The sheriff was also instructed to canse the people of the new township of Mong-go-qua-nong to assemble at the house of Moses Price, for their choice of a justice of the peace. The elections in Concord and Elkhart townships were subsequently held in the houses of Chester Sage and in the school-house on Elkhart Plain respectively. The members of this energetic Board next proceeded to draw a grand and petit jury, who would serve during the November term of the Elkhart Cirenit Court. Their labors in this regard resulted in the selection of the following panel: Grand Jury :- Ben Bennett, Geo. Peoples, Geo. Wilkinson, Dan Clarke. Peter Rupel, James Bennett. Hiram Parker. J. Skinner. Jepe Rash. John Rupel. John Young. Jacob Puterbaugh. Henry Carmaney. Elias Parker. Dominique Rossean. Matt Boyd. Adam Teale and Rob Hamilton. Traverse Jurors :-
413
HISTORY OF ELKHART COUNTY.
Aaron Brown, Jonathan Morgan, Allen F. Ott, Henry Jacobs, Wm Skinner. Jacob Roop, James Tuley. Washington Tramnell, J. L. Powers, John Bonham. John Neehason, Geo. Huntsman. Chester Sage, Wm. M. Thompson, D. Nicholson, James McMurray, John Pool, John Carpenter, Ben Gilbreath, Edward Downing, James Blair, Henry Edgell, Ephraim Seeley. Anthony Nelson. It is pre- sumed that all the electors of the county were thus empanelled, so that if a member of the community was placed before the court his case was certain to meet with deep consideration and justice.
A Board of Justices who could push through such an amount of business in one day, was not likely to forget any just source from which money could be entieed into the pockets of the county. treasury. Therefore, and without ceremony or hesitancy, they granted licenses to the local traders in the following manner :
Ordered that a license to vend foreign merchandise. and the same is hereby granted to Dominique Rosseau for one year from the date hereof, and he pay therefore the amount to the county treasury the sum of §10.
July 13, 1830.
Ordered that a license to vend foreign merchandise aud the same is hereby granted to Clark and Mather for one year from the date hereof, and that they pay into the County Treasury the sum of ten dollars for same.
July 13, 1830.
Ordered that the following rates of taxation for county purposes be assessed as follows: on each poll 3716 cents, on each horse thirty-seven and a half cents. oneach work oxen eighteen and three-fourth cents, on each silver watch twenty-five cents, on each brass clock one dollar. on each four-wheeled carriage one dollar. on each two-wheeled carriage seventy-five cents.
The work of the session was now closed and the weary but very faithful justices of the old Board adjourned until September follow- ing. On the 6th of' that month the members were again at their post of duty, and though the session did not entail so much severe work as that one just chronicled. there were three orders issued that brought a ray of sunshine to these industrious citizens. Wil- liam Latta was ordered to be paid $4.50 for bringing the laws from Fort Wayne, and delivering them to the county of Elkhart. Ica F. Rice received 83 for his services as returning judge in the case of the Mong-go-qua-nong township election; and David Penwell received the munificent appropriation of fifty cents for similar ser- vices rendered in the case of the Concord election.
The special session of November. 1830, ordered that James Comp- ton be acquitted of the payment of 373 cents for one horse wrong- fully assessed. James McMurry was relieved of the payment of $1.37}. The sheriff of Allen county was allowed $3 for notifying
414
HISTORY OF ELKHART COUNTY.
the commissioners to locate the county seat, and the sheriff of Elk- hart county $43 for services rendered up to the 1st of November, 1830.
THE SESSION OF 1831
opened under peculiarly pleasant anspices. The county legislation for the preceding months was decidedly beneficial, and the institu- tion itself popular, so that the members of the Board of Justices imbibed a singular courage from their confidence in the fact that county government had now raised itself toa degree of utility where its trial was over and its permanency insured.
In January Ephraim Seeley presented himself with his commis- sion before Mr. Thomas, was sworn in as Justice of the Peace, was added to the Board and under the presidency of Arminins C. Pen- well, J. P., took part in the session of that month. The business transacted then may be summed up briefly as follows: A license to vend foreign merchandise granted to Ica F. Rice, for which he paid $10. The collector was ordered to receive $4.50 for taking the cen- sus of the county in 1830. The clerk was voted $1.87} for postage and paper furnished for county purposes, and a further sum of $30 for extraordinary services rendered the Board and court during the six months ending Dec. 22, 1830. Elias Riggs, Rinehart Cripe and Azel Sparklin were appointed "fence viewers " for Elkhart town- ship; Adam Teale, James Tucoly and Jolin Bannen, for Concord township; John Alney, W. A. McNeil and Jason Thurston, for Mon-go-qua-nong. The overseers of the poor for these townships, appointed at the same time, were Jacob Roop and Allen Tibbits for Concord; Sam. Goode and Wilson McConnell for Elkhart, with Ben Jones and Moses Rice for Mon-go-qua-nong. John N. Pen- well was given the position of County Assessor; and Howel Hunts- man, James Beck and Sam. Anderson were appointed Constables for the townships in their written order. The County Treasurership was voted to James Frier, and the Inspectorship of Elections con- ferred on Win. Skinner, David Clark and Ben. Blair, who were to act during 1831 in Concord, Elkhart and Mon-go-qua-nong respect- ively. Two sets of grand and petit jurors were chosen to try any causes which might come before them during the May and Novem- ber sittings of the Circuit Court.
In reponse to a demand made by the Board for a statement of county receipts and expenditures, from the time of its organiza- tion up to date of this demand, the following figures were furnished:
415
HISTORY OF ELKHART COUNTY.
Total amount of fees, dues and taxes received from the organiza- tion of the county to January, 1831, $198.802. The report of the treasurer showed that he received $5.65 commission in compensa- tion for his labor in receiving and paying out this amount, while the collector received $10.46 as his percentage, or pay for trouble and expenses incurred in the collection, which sums with various other disbursements, formed up a total disbursement of $183.43}, and left in the hands of the treasurer a surplus of $15.37}. From this balance the sum of $8 was voted to the associate judges for their services in the Circuit Court during the November term of 1830, and $2.45 to the sheriff for summoning three juries to try causes before the court in that term.
At a special session of the Board of Justices, held in March, 1831, the commissioners appointed to re-locate the county seat, and set aside the action of former commissioners in the matter, pre- sented the following report :-
The undersigned commissioners who were appointed by an act of the General Assembly of the State aforesaid, entitled an act to re-locate the county seat of justice for said county agreeable to an act entitled an act for fixing the seats of justice in all counties hereafter to be laid off, Report that they met at the house of Thomas Thomas in said county of Elkhart, on the third Monday, being the twenty- first day of March, 1831. And after being duly sworn according to law proceeded to examine the different sites for a town in which to establish the seat of justice for said county of Elkhart ; and after having made full and satisfactory examination as aforesaid, as well the former site selected as others, they are of opinion that the present site should be vacated, and have selected the south fraction of the northeast quarter and the north fraction of the southeast quarter of section nine, in township thirty-six north, of range six east of the second principal meridian line the Fort Wayne land office district; Provided the two fractions does not exceed the maximum quantity of one hundred and sixty acres to which the county has right of pre-emp- tion hy an act of Congress, 24th of May, 1824, by locating the county seat thereof on the same: and, farther, should said fractions exceed the quantity of acres ahove described, then, in that case, we select the first above described fraction and recom- mend the purchase of the other by the County Commissioners, and the undersigned have further selected the name of GOSHEN as a suitable name for said town as afore- said, all of which is respectfully submitted to your Honorable Board.
March 23, 1831.
DAVID MILLER, ANTHONY L. DAVIS, L. G. THOMPSON.
The work of the session concluded with an appropriation vote granting the sum of $24 each to Commissioners A. L. Davis and L. G. Thompson, and $15 to David Miller, to be paid by the treas- nrer from moneys realized by the sale of lots in Goshen.
416
HISTORY OF ELKHART COUNTY.
In the May session the business was inaugurated by granting a trader's license to Thomas M. Morrison. A revolution of the tax on horses, oxen, carriages and watches was effected. The appoint- ment of county officers, disbursements, and an order for a bench and screw for the clerk's office, closed the proceedings of the session.
Township 35 north, range 6 east, of the orignal congressional survey was organized for civil purposes and named Jackson town- ship in November, 1833, and an election of a justice of the peace ordered in the ordinary form, which election resulted in Col. John Jackson being chosen Justice, and in his subsequent acceptance of a position on the Board of Commissioners. Early in May the com- missioners divided the county into three commissioners' districts. No. 1 included all that part of the county lying north of a line drawn east and west through the center of township No. 37. No. 2 included the district lying immediately south of No. 1., and north of a line running east and west, one mile south of the center of township 36, with Mongoquanong, and No. 3 comprised all the remaining part of the county,
The June session was brief, but the business was of a most important character. Oliver Crane, who was appointed county agent in May, was ordered to lay out the town of Goshen into lots for building, and to advertise a sale of half such laid-out lots, to be held July 20, 1831. The sheriff was ordered to direct an election of school commissioners to be held on the first Monday in August. William Williams was appointed Constable for Concod township, vice Howel Huntsman, who failed to give bonds, and James Beck was appointed Collector of county and State revenue, vice Eli Pen- well, who resigned.
The July session was inaugurated by a grant of $1 to James Frier for his services as returning officer in the elections of August, 1830. Geo. McCollum was granted a like sum for similar service in Elk- hart township in April, 1831. The county agent was empowered to pay off the men employed in surveying the county seat, and to George Crawford was made a special vote of $50 for his services in surveying the town of Goshen, laying it out in lots, and presenting the county with a map of his work in that connection.
The efficient clerk, Thomas Thomas, was granted a sum of $35 for paper and extra services rendered from Dec. 22, 1830, to June 22, 1831. The sheriff was allowed $46 for his extra services from Nov. 1, 1830, to July 4, 1831.
417
HISTORY OF ELKHART COUNTY.
THE NEW BOARD.
In September, 1831, Edward Downing and Geo. McCollum received their commissions under the enactment of Jan. 19, 1831, entitled " an act to regulate the mode of doing county business." Sept. 5, these gentlemen met at the clerk's house, and having taken their seats as commissioners, proceeded to deal with any business which might suggest itself to them. The reports of Justice Jackson and Penwell were received and adopted, but as their nature places them under the category of " criminal," they will claim a notice in connection with the records of criminals, brought before the Circuit Court in later years. It may, however, be claimed for the justices and their victims, that the former were thoroughly impartial, and the latter thoroughly merited the light punishment inflicted.
The close of the session was occupied in the appointment of Wilson McConnell Trustee for the county seminary; of George Crawford Connty Surveyor; the establishment of an $8 license on venders of wooden clocks, and the granting of a license to William Bissel, at the rate of $6 per annum, for his grocery store in the town of Goshen. The following payments were also ordered: James Matthers for his services in procuring land from Henry Jacobs for the county seat and said city, $4; Henry Blair, services as returning officer 1831, 83; Oliver Crane, for services as connty agent, $56; James Beck, Constable, for boarding and conveying a prisoner to Fort Wayne, $11.50.
An order to hold elections for school trustees in the three town- ships issned from the Board, and having received the report of Oliver Crane the industrious members adjourned, as they stated " because there is nothing else to do." This report is a very precious document, since it deals in a very practical manner with the pio- neers, and the financial standing of their connty in 1830-'31. Being so, it is here given in extenso as it appears upon the records:
In pursuance to an act of the Legislature of the State of Indiana, I make this my first return as agent for Elkhart county, Indiana, this 5th day of September, 1831. Under the direction of the county commissioners have sold the following lots, namely:
418
HISTORY OF ELKHART COUNTY.
No. of Lot.
Purchased by.
Sold for.
No. of Lot.
Purchased by.
sold for.
107
Samuel Good
8 26 25
179
Geo. Crawford
§41 00
149
Jacob Sneltzer
31 00
137
W. G. & G. W.
151 00
92
Jesse C. Charlton
55 00
120
Jos. Carpenter
25 00
129-221
Hugh Hannah
62 00
110
Wm. Latta
105 00
161-163
William Runyan
103 00
58
Wm. Bissel
25 25
154-189-209 Jacob Studebaker
195 00
143
W. G. Wright
30 00
111
Luke Hulit
40 00
216
Isaac B. King
25 00
187
Christopher Mires
55 00
112
Thomas Powers
50 00
142
John Jackson
40 00
105
Wm. Wangh
25 00
217
Isaac B. King
25 50
140
Wm. Hagle
30 00
109
Geo. McCollum
79 50
104
Henry White
40 00
119
Elias Carpenter
41 00
124
Thomas Powers
20 00
Wm. Bissel
50 00
91
Catherine Bishop
45 00
125
Alexander L. Morri-
20 00
127-128
Nicholas Carpenter
55 00
65
John Miller
20 00
52
John McConnell
30 25
101
Elias Carpenter
20 00
89
Rinehart Cripe
21 50
199-145
Mathias Dawson
40 00
117-274
Richard L. Britton
54 75
138
Henry Matthew
57 00
181 213
William G. Cambell
55 50
108
A. Galentine
45 00
190
Mary Blair
82 50
126
Wm Hagle
20 00
208-191
Madison William Cornwell
115 00
121
Thomas Reece
20 00
273
John Carpenter
28 50
53
Washington Modi
30 00
Samnel Modi
35 50
106
Isaac B. King
30 00
215
Thomas Thomas
41 00
82,607 75
Cash received on sales.
៛559.553
By services rendered and allowed by the Commissioners, $56: for paying
for land and labor done for laying out the town, $152.98
208.98
8350.5734
Deduct 10 per cent. for seminary.
55.59
$294.9834
Which leaves in my hands the sum of two hundred and ninety four dollars and ninety-eight cents, which I have deposited with the County Treasurer.
0. CRANE, Agent.
130
John W. Violett
102 00
son
John Miller
25 00
70
David Barnhazel
30 :
103-118
Thomas G. Hall
60 00
185
James Bishop and Geo. MeCollum
83 00
114
99
James L. Smith
20 00
141
Isaac Hagle
$ 25
274
Richard Britton
31 25
Ewing
The November session of the commissioners was signalized by the addition of John Jackson to their body, and the election of Edward Downing to the presidency. The first order of the reor- ganized Board granted a bouns of $2 to the slayer of a wolf over six months old, and $1 to him who scalped a younger one. This was 100 per cent. increase on the bonns hitherto offered by the Board of Justices. Balser Hess, Azel Sparklin and Wilson McConnell were appointed School Trustees for township 37. A license was
OLD COURT HOUSE ELKHART CO.
421
HISTORY OF ELKHART COUNTY.
granted to John Cook, recognizing his right to sell foreign mer- chandise, and imposing a fee of $10 per annum. James Mathers, J. P., presented his report of fines levied. This document shows forth very clearly that Peter Tetters was relieved of $16 by order of the court, for his recognized ability in the art of profane swear- ing. The new seal of the commissioners was adopted; the resig- nation of Justice Mathers received; Messrs. John Penwell, Jacob Puderbaugh and John Andrews were appointed " Road Viewers," and received instructions to lay out a road from Pleasant Plain to South Bend. Geo. Crawford, the County Surveyor, was elected Road Commissioner for the connty, and the following statement of seminary funds was laid on the table:
The fines assessed and collected by Squire Penwell. $ 5.00
66
66
Jackson
10.00
..
..
Mathers.
16.00
66
66
66
66
Circuit Court 5.50
$36.50
Replevined of Squire Jackson's fines 8.00
$28.50
All this business occupied only the first day of the November session of 1831. The remaining days were devoted to the appoint- ment of road viewers; reports from such as were formerly ordered to lay out highways; appropriations for the payment of county officials, and instructions to Geo. McCollum "to procure a set of standard weights and measures, on the best terms, for the regulation of any weights or measures now in use or to be used in the county of Elkhart."
A special session of the Board was held Nov. 21, to receive the second report of Oliver Crane, to issue licenses and order an elec- tion of school trustees in township 38. Accordingly C. W. Singer on payment of $13, and Thomas Morrison, on payment of $10, were authorized to engage in the sale of foreign merchandise. The elect- ive body in township 38 were ordered to assemble at the house of Wm. Boget, Dec. 15, 1831, and make a choice of trustees for the proposed schools of that district; and the following statement was read and adopted:
Nov. 21, 1831, I, this day make this my second return to the honorable Commis- sioners of Elkhart county, Indiana, which is as follows to-wit :
27
422
HISTORY OF ELKHART COUNTY.
Lot No. Purchaser. Sold for.
Lot No.
Purchaser.
Sold for.
148
Garrison Minor
20 00
59
John Potter
25 00
146
Madison W.Cornwell
20 00
144
Levi Beck
20 00
116
Michael Young
100 00
245
Jeremiah Beck 20 00
90
A . Dungan
20 00
Remained on James Smith's lot
20 00
102
Samuel Dungan
20 00
85
Joseph D. Nose
20 00
194
David Beesucker
20 00
139
Morris Harris & Co.
51 00
152-150-151 Moses Modie
70 00
86
James Callison
35 00
213
I. T. Wilson (sold sec-
96
Phillip Matthews
20 00
ond time through mis- takc.)
White's lot
30 00
196
Jacob Replogle
25 00
180
Samuel Modie
20 00
193
Daniel Replogle
25 00
178
Moses Modie
25 00
32
Thomas Atkinson
20 00
88
Wm. Wangh
30 00
188
Isaac B. King
60 00
40-39
Charles Awrin
50 00
94
Robt. P. Randle
25 00
68
Henry White
20 00
98
D. G. Dungan
25 00
67
Claton Comton
20 00
64
Charles Murray
25 00
66
Washington Modie
20 00
95
Moses Modie
25 00
115
Samuel Reynolds
55 00
93
Samuel Modie
30 00
113
Samuel Reynolds
50 50
The cash received on account of these sales amounted to $129.122, of which $15 were allowed County Agent Crane as his commission, leaving a net sum of $114.122 in the treasury.
1832-'33-'34.
In the May session of 1832, a license to keep tavern in the town of Goshen, was granted Abner Stilson for a consideration of $12 to be paid into the county treasury. A license was also granted Havilla Beardsley to establish a ferry on the St. Joseph river at the mouth of the Elkhart river, in consideration of a payment of 84 per annum, and that the boat used as a ferry-boat should be 40 feet long by 9 broad. The following charges were also arranged:
Each wagon with six horses or oxen
75
four « 66
623
three “ 66
50
66
66 one
25
66
horse and rider
123
footman.
061
66
single loose horse. 061
16
" of sheep, hog or goat. 01
The county treasurer's report, laid on the table at an earlier session, showed the following receipts and disbursements for 1831: Received from the varied sources of revenue. 8271 28}
Expended.
$535 81}
Deficiency $264 53
From this it will be evident that notwithstanding the economy exercised by the Boards of Justices and Commissioners in 1831, the
153
Jesse Blumer
20 00
104
Received on Henry
= two " 373
head of neat cattle. 04
423
HISTORY OF ELKHART COUNTY.
county was in debt at the beginning of 1832, and continued so until the end of the January season, when all debts hitherto contracted were paid off, and a balance in favor of the next year of $16.32 reported in the treasurer's hands.
In March, 1832, J. Frier was dismissed from office of treasurer on account of not being naturalized. Ang. 18, 1832, the first con- tested election petition was tried before the county commissioners and M. Rippey declared eligible.
Having treated the very interesting period extending over the years 1830-'31 and a portion of 1832, as fully as the record permit- ted, it will now be only necessary to review the important events and figures suggested by the years immediately succeeding. Begin- ning with the county treasurer's report for 1832, presented to the Board at its first session in January, 1833, a review of the financial condition of the county at that time will prove valnable. This report takes the following form :
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