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

Author:
Publication date: 1881
Publisher: Chicago, C. C. Chapman & co.
Number of Pages: 1192


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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