USA > Indiana > Franklin County > History of Franklin County, Indiana : her people, industries and institutions > Part 7
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76
FRANKLIN COUNTY, INDIANA.
Up to within a comparatively few years, this flag-stone industry was one of much importance in the county. The most valuable building stone in the county is found near Laurel and at points in Posey township. This stone is of the same formation as the Dayton stone, so extensively used in construc- tion in Cincinnati, Greensburg and other places. This has been usually classed with the Niagara stone, but others class it with the Devonian forma- tion. This stone has been extensively quarried two or three miles northwest: of Laurel, on the southeast quarter of section 5, township 12 north, range 12 east. Adjoining the old village of Bull Town, Posey township. in section 13, township 12, range II east, is probably the most westerly quarry of this. stone ever developed. But little stone is being taken from any of the Franklin quarries at present. Better stone elsewhere and poor shipping facilities here, with lack of capital, probably are some of the causes.
POSEY
Fayette-Union Line-
BATH
1
1
1
Twelve-Mile Line of 1809
BROOKVILLE
- Greenville - Line of 1795
Indidna-Ohio State line
WHITE
WATER
I
1
FRANKLIN COUNTY ON January 6, 1816.
Present western line of Franklin County
1
Present Franklin-Fayette Live
Franklin-Union Line
--- 7
INDIAN CESSIONS OF FRANKLIN COUNTY
October 5, 1818
August 3, 1795
September 30, 1809
August 21, 1805
CHAPTER III.
ORGANIZATION OF FRANKLIN COUNTY.
Franklin county was the seventh county organized within the present limits of Indiana and was one of the thirteen counties which had been or- ganized at the time the territory applied for an enabling act in 1815. All counties during the territorial period (1800-16) were either created by the governor or the territorial Legislature. During the first five years the gover- nor created the counties, but after the Legislature was organized, in 1805, it took over the creation of counties. They were organized as fast as the in- crease in population demanded them, but it was not until 1810 that. Dearborn county was populated sufficiently to warrant its division.
There are four separate tracts of land within the present limits of Franklin county, representing four distinct purchases by the United States government from the Indians. The first land which was bought from the Indians was secured by the treaty of Greenville, August 3, 1795. This treaty line was drawn from the mouth of the Kentucky river in a northeasterly di- rection to Fort Recovery and entered Franklin county in Highland township. between sections 15 and 35, and passed out of the county as a boundary line between Blooming Grove and Fairfield townships. The land included within these limits now embraces all of Fairfield, Bath, Springfield, White Water, practically all of Highland and three-fourths of Brookville township. This land was entered from Cincinnati until the land office was established in Brookville in 1820.
The second tract of land in Franklin county which was secured by the government from the Indians was acquired by the treaty at Grouseland (near Vincennes), August 21, 1805. This includes a triangular tract in four town- ships, as follows: Ray (section 15, and fractional sections 10, 16 and 17) ; Butler (sections 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 16, 17, 18, 33 and fractional sections I, II, 28, 32 and 36) ; Brookville ( sections 27, 34 and fractional sec- tions 22, 23, 26 and 35) ; Highland ( fractional sections 3, 10 and 15).
It was the purchase of the third tract of land which led directly to the organization of Franklin county. This was the Twelve-mile Purchase, which was concluded by Harrison at Fort Wayne, September 30, 1809. This tract
78
FRANKLIN COUNTY, INDIANA.
included a strip twelve miles in width, lying west of the 1795 treaty line. It entered Franklin county at the south in section 22, Ray township, and passed out of the county in section I of Posey township. It is the second largest tract in the county which was purchased from the Indians and includes all of Blooming Grove, Metamora and Laurel townships, as well as the greater por- tion of Salt Creek and Ray townships. There are also part of Butler, Brook- ville and Posey townships within this tract.
The fourth and last Indian cession, which includes a part of Franklin county, was concluded at St. Mary's, October 2-6, 1818. This purchase from the Indians included the largest tract of land which was ever secured from them in Indiana and is known in history as the New Purchase. There are only parts of three townships in Franklin county which fall within this fourth tract, namely. Ray, Salt Creek and Posey.
The Twelve-mile Purchase of 1809 practically doubled the area of Dear- born county and, as has been previously stated, led directly to the division of the county and the formation of Franklin and Wayne out of its northern half. When the territorial Legislature met at Vincennes, on November 12, 1810, there was present a group of men who were desirous of organizing two new counties out of Dearborn and Clark, these counties being Franklin and Wayne. Solomon Manwaring was a councilor from Dearborn county and the same man who had surveyed Brookville in 1808. One of the three terri- torial representatives from Dearborn county was John Templeton, who re- sided in what is now Franklin county. It is safe to presume that Amos Butler and others interested in Brookville real estate and business enterprises were either present themselves or had able representatives to look after their interests. At least within fifteen days after the Legislature had met (No- vember 27, 1810) Franklin county was created. Templeton, who was, by the way, a son-in-law of Robert Hanna, had the honor of giving the new county its name. As originally established, the county included all the terri- tory between the Ohio line on the east and the Twelve-mile line of 1809 on the west. The southern limits of the county have never been changed, but as it was organized in 1810 it extended nine miles further north and included a large part of what is now Fayette and Union counties. The act establishing the county is as follows :
"Section I. Be it enacted, etc., that from and after the first day of February, 1811, all that part of Dearborn and Clark counties which is in- cluded in the following boundaries shall form and constitute two new coun- ties ; that is to say, beginning at the corner of townships 7 and 8 on the line of the state of Ohio; thence north until the same arrives at Fort Recovery ;
79
FRANKLIN COUNTY, INDIANA.
thence from Fort Recovery southwardly with the line of the western bound- ary of the purchase made at Fort Wayne in the year 1809, until the same intersects the northern boundary of the purchase made at Grouseland; thence northwardly with the line of the last named purchase until the same arrives at a point where a due east-and-west line will strike the corner of town 7 and 8 on the aforesaid state of Ohio line.
"Section 2. That the tract of country included within the aforesaid boundary be and the same hereby is divided into two separate and distinct counties by a line beginning at the corner of towns II and 12, on the line of the state of Ohio, and from thence west until it shall intersect a line of the western boundary of the before-mentioned purchase of Fort Wayne: and that from and after the first day of February, ISII, the tract of country falling within the southern division thereof shall be known and designated as the county of Franklin, and the northern division thereof shall be known and designated by the name and style of the county of Wayne.
"Section 3. That for the purpose of fixing the permanent seat of justice in and for the said county of Franklin, James Adair, David Hover and Elijah Sparks be and they are hereby appointed commissioners whose duty it shall be to convene at the town of Brookville, in the said county of Franklin, on or before the first Monday of May next, and being first duly sworn to discharge the duties enjoined on them by this act without favor, affection or partiality, before some justice of the peace of said county, legally commis- sioned, shall proceed to fix on the most convenient and eligible place for the permanent seat of justice for the same.
"Section 4. That so soon as the place for holding the courts for said county shall be established agreeably to the above section, the judges of the court of common pleas for the said county shall immediately proceed to erect the necessary public buildings for the same at such place, in the same manner as is required by law in other counties ; and after the public buildings are so erected, the court of said county shall adjourn to the said place at their next term after the same shall be completed, which shall become and is hereby declared to be the permanent seat of justice of the said county of Franklin."
THE COUNTY SEAT.
There was probably no question but that Brookville would be selected as the county seat, although there is a tradition to the effect that the town of Fairfield indulged in some county-seat aspiration. This tradition must be the result of a disordered imagination, since at the time Fairfield was laid out
So
FRANKLIN COUNTY, INDIANA.
in 1815 there was being completed at Brookville what was probably the best court house in the state at the time. It is true that Fairfield was nearer the center of the county as it was originally laid out and that it was the center of the heaviest population of the county in 1811. However, as soon as Brook- ville was selected as the county seat in 18II there could certainly have been no hope on the part of those who wished the seat of justice placed at what was later Fairfield. Scores of Indiana counties have had difficulty in getting the county seat located, but Franklin county has never experienced any trouble along this line.
Franklin county secured its present territorial limits as a result of three separate legislative acts. Fayette county was organized by the act of Decem- ber 28, 1818, and began its independent career on the first day of the follow- ing year. This took off a strip nine miles wide lying between the Twelve- mile line of 1809 and the line dividing. The erection of Union county by the legislative act of January 5, 1821, took off a tract nine miles wide lying be- tween the Ohio line and Fayette county. The third legislative act which helped to define the present limits of the county was passed as result of the New Purchase of October. 1818. A triangular strip about two miles and a half wide and sixteen miles long was added to Franklin county by the Legis- lature of 1823 and on February II, of that year, the commissioners of the county attached it to Posey township. The organization of the various town- ships of the county is given in detail in the separate chapter dealing with the townships. Unfortunately, the first records of the county are missing and there is no way of telling what the limits of the first townships were, although it seems certain that Brookville, Posey and Bath were the first three town- ships.
There is no way of knowing how many people lived in Franklin county when it was organized on February 1, 1811. It is fair to presume that there were at least five thousand people in the county ; the census of 1815 credited the county with 7.370 people and a voting population of 1,430. At this time Franklin county was second only in population to Knox and had thirty-nine more voters than that county. By 1820 Franklin county had increased to a population of 10,703 and at that time was the third in the state in population, being surpassed by Wayne (12,119) and Dearborn (11,468.) During the next decade Franklin county passed through a terrible crisis and hundreds of its best people left the county, yet the census of 1830 gave it a population of 10,990. However, it was still fourth out of the sixty-two counties then organized, being passed by Wayne (18,589), Dearborn (13,955), and Jef- ferson (11,465). The census of Franklin county by decades since 1880 is as follows :
CONNERSVILLE
UNION
BATH
POSEY
BROOKVILLE
WHITE
WATER
FRANKLIN COUNTY ON JULY 16, 1816.
CONNERSVILLE
LIMION
POSEY
BLOOMING
GROVE
BATH
BROOKVILLE
SPRINGFIELD
1
WHITE
WATER
FRANKLIN COUNTY ON MAY 12, 1817.
81
1910
604
651
1,722
2,169
876
553
1,16I
185
1,209
503
693
713
2,017
956
699
I42
1,150
1900
557
653
1,961
2,037
1,073
601
1,317
1,412
600
712
810
2,122
957
S49
I,I30
1,154
1890
664
2,242
2,028
1,243
674
1,509
1,760
928
882
2,224
690
1,073
1,224
I42
1,237
1880
754
795
2,525
1,809
1.402
818
1,827
1,866
1,040
1,034
2,478
1,247
1,464
1,446
THE FIRST YEAR OF STATEHOOD.
The voters of Franklin county exercised their rights of franchise for
the first time in the state of Indiana, August 5, 1816. At this time all town- ship, county and national officers were voted for by the electors of the
county. The following is a summary of the election of August 5, 1816:
Governor --
Thomas Posey
Lieutenant-Governor-
Christopher Harrison
William Hendricks
Allen D. Thom
State Senator-
William H. Eads
John Conner
(6)
FRANKLIN COUNTY, INDIANA.
Townships.
Bath
Blooming Grove
Brookville town Brookville
Butler
Fairfield
Highland
Laurel
Laurel town
Metamora
Posey
Ray
Salt Creek Oldenburg
Mt. Carmel Springfield
White Water
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Jonathan Jennings
John Vawter
Congress-
506
53
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153
658
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Cedar Grove
1
82
FRANKLIN COUNTY, INDIANA.
State Representative-
James Noble
-518
David Mounts
320
Archibald Guthrie 1
I33
James Young
197
Coroner-
James Brownlee
422
Joseph Northrup
Sheriff-
Robert Hanna
426
John Allen
I18
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It will be noted that five hundred and fifty-nine votes were cast for gov- ernor, this being the largest number of votes cast for any one official. In addition to the officials above listed, the electors voted for justice of the peace and county commissioners, but the record of the vote on these has not been found. The county treasurer, listers, pound keepers, collector of county and state revenue, road supervisors, fence viewers, overseers of the poor, inspec- tors of flour and pork and constables were appointed.
Court procedure was materially changed by the 1816 Constitution and was really made simpler. The circuit court was placed in charge of a presi- dent judge, elected by the state Legislature, and two associate judges, elected by the various counties. In 1816 there were only three circuits in the state, for at that time there were only fifteen counties in the state. The clerk of the court was appointed by the Legislature for a term of seven years. The old county court was abolished and its duties placed in the hands of a board of three commissioners; the common pleas court was absorbed by the circuit court, or rather the duties of the old circuit and common pleas courts were performed by the new circuit court.
The first circuit court under the new constitution met in March, 1817, with John Test as president judge and John Jacobs and John Hanna as asso- ciate judges. Enoch McCarty and Robert Hanna were clerk and sheriff, respectively. of the court. The grand jury was composed of George Rudicil, John Stevenson, Stephen Gregg, Powell Scott, Samuel Arnet, Solomon Shep- perd, Ebenezer Howe, John Miller, Thomas Clark, Michael Cline, William Evans. Jacob Sailors, John Hawkins, Samuel McCowe, Thomas Wainscott, Israel W. Bonham, Thomas William, John Case and Michael C. Snell.
II2
1
1
1
S3
FRANKLIN COUNTY, INDIANA.
A QUARTET OF PUGILISTIC LAWYERS.
A history of the courts and the lawyers would not be complete without mention of the fistic encounters of some of the followers of Blackstone. Not all of their lashings were inflicted by their tongues, since it appears from the court records that their fists were frequently called into action. In the spring of 1817 four of Brookville's lawyers got tangled up in a series of arguments, which finally brought them before the bar of justice. James McKinney and Miles C. Eggleston were the first pugnacious couple to stage an encounter. Records are not available to show the fight by rounds, but the court records say that they were brought before the court, pleaded not guilty, and asked for a trial by jury. Whether they got five dollars' worth of satisfaction out of their encounter is not known, but it took that much to satisfy the court. The other pair of local attorneys to wage a personal combat in the spring of 1817 was James Noble and Stephen C. Stephens. They, too, met on the field of battle and were later fined five dollars for engaging in such bellicose activi- ties. As has been mentioned before, fighting was a very common offense in the early history of the county ; but this is to be noted-the followers of the sport invariably used nature's weapons and very seldom was the knife or gun called into action. Most of the legal business for the first two or three years in the county was in the hands of Hendricks, Noble, Mckinney, Stephens, Eggleston and Lane. Of course, Noble and Hendricks were in Congress while it was in session, and this fact undoubtedly made them the highest- priced lawyers of the county.
The Constitution of 1816 placed the general affairs of the county in the hands of the board of three commissioners and this board assumed all the duties performed by the old territorial county court. The first board of com- missioners was composed of Enoch D. John, Samuel Rockafellar and James Wilson and met in Brookville for the first time, February 10, 1817. Their first action was to define the limits of six townships which had been previously organized, namely : Whitewater, Brookville, Posey, Bath, Union and Con- nersville. The definition of the limits of these townships and the ordering of an election in each township for justices of the peace was all the business transacted by them at their first session. Changes in township boundaries and the creation of new townships continued down until September 5. 1849, when the last two townships. Butler and Metamora, were organized. All of these changes are set forth in detail in the history of the various townships.
Generally speaking, the main work of the commissioners during the
84
FRANKLIN COUNTY, INDIANA.
early history of the county was concerned with the laying out of roads, the appointment of petty officials and the issuance of licenses to tavern and store keepers. There was not much litigation in either the circuit or commission- ers' court and if a mathematical conclusion is permissible, the historian, after a perusal of the records, ventures to assert that four-fifths of the civil cases were for misdemeanors, such as trover, covenant, trespass and debt. In 1817 the commissioners' records speak of a man who is confined in a jail for debt. In those days the gossiper had to be on her guard, since any charge she might make against one of her neighbors was very apt to bring her into court. In 1817 a woman, whose reputation was not of the best, was accused by one of her neighbors of being, among other things, a thief, and she promptly brought suit and her defamer was ordered to pay her eight hundred dollars to satisfy her wounded feelings. The man falsely accused of hog-stealing collected all the way from one to two thousand dollars if his accuser was unable to prove the charge. One is led to think that such drastic action would prove an excellent thing in 1915 even as it did a hundred years ago.
CONSTITUTIONAL CONVENTIONS OF 1816 AND 1850.
Franklin county had been in existence five years when Indiana was ad- mitted to the Union and had had members in the territorial Legislature of five different sessions, namely, the sessions beginning as follows: November 12, ISII : February 1, 1813: December 6, 1813; August 15, 1814; December 4, 1815. The county was ably represented in the Legislature from the begin- ning and when the constitutional convention of 1816 met at Corydon on June 10, Franklin county had five of the ablest men who sat in that body. These were William H. Eads, a member of the committee on impeachments ; Robert Hanna, Jr., a member of the committee on constitutional revision and militia : James Noble, a member of the committees on judicial and legislative matters and militia ; James Brownlee, a member of the committee on executive functions : Enoch McCarty, a member of the committee on the distribution of powers in the government, and on militia. Two of these men later became United States senators from Indiana, Noble and Hanna. Noble served from 1816 to 1831, dying in the middle of his-third term, and his lifelong friend, Hanna, was appointed by the governor to fill out his unexpired term.
Franklin county was represented in the constitutional convention which met at Indianapolis, October 7, 1850, and remained in- session until February IO, 1851. During the eighteen weeks that this convention had been in session, there had been little else talked about. A new instrument of government was
85
FRANKLIN COUNTY, INDIANA.
produced, which, while it was a great improvement upon the Constitution of 1816, yet cannot be considered as a great constitution. An effort was made by referendum vote in the fall of 1914 to call a constitutional convention, but an adverse vote was returned.
LAND ENTRIES OF FRANKLIN COUNTY IN THE OHIO SURVEY.
In the recorder's office at Brookville is preserved the tract book contain- ing all of the entries of the Ohio survey. This includes all of the land in the county between the treaty line of 1795 and the Ohio line. There is probably no more interesting old volume in the court house than this, for here may be seen the names of each entry, the date of same, the number of acres entered, the number of the final certificate and the exact location by section, township and range. The sections varied in size from one hundred and two to one hundred seventy-one acres, the greater portion of them ranging from one hundred forty-six to one hundred sixty-one acres. The list here given is arranged by years rather than by sections, as is given in the original tract, book :
Township S, Range I, West.
1803-Benjamin McCarty, sec. 32. 1804-Isaac Levy, sec. 29.
1805-Abraham Pledsoe, sec. 2; William VanMeter, sec. 35; Joseph Siers, sec. II.
1806-Henry Ramey, sec. 13; Benjamin McCarty, sec. 18; Nathan Por- ter, sec. 19; John Allen, sec. 29; Samuel Moore, sec. IO.
1807-Michael Rudicil, sec. 26; John Sailor, sec. 18.
1808-Moses Wiley, sec. 9; William Ramey, sec. 24; John Caldwell, sec. I. 1809-Samuel Moore, sec. 10; Elmore William and Leon Sayre, sec. 19. 1810-Jones & Vanblaricum.
18II-Benjamin Abraham, sec. 1; John Allen, sec. I ; John Allen, sec. 2; William McDonnel, sec. 6; Allen Spencer and James Wiley, sec. II ; William Remy, sec. II; John Cloud, sec. 12; Thomas McQueen, sec. 13; Thomas McQueen, sec. 14; John Vanblaricum, sec. 29.
1812-James and John Caldwell, sec. 2; Thomas Milholland, sec. 6; David and Eli Penwell, sec. 12; Joseph Williams, sec. 12; John Sater, sec. 12; Peter Hann, sec. 14; John Standsbury, sec. 23; Henry Sater, sec. 24; James Remy, sec. 25.
1813-William Wilson, sec. 3; James Milholland, sec. 6; William Rus-
86
FRANKLIN COUNTY, INDIANA.
ter, sec. 10; William B. and John S. Allen, sec. II; George Rudicil, sec. 17; Jonathan Hunt, sec. 19; John Standsbury, sec. 23; John Larrison, sec. 23 ; Joseph Summers, sec. 24; John Foutch, sec. 27; Samuel Weber, sec. 28; William Remy, sec. 35; Israel Davis, sec. 35; Israel Davis and Frederick Shotty, sec. 35.
1814-John Wolley, sec. 1; Silas Woolley, sec. 2; William Well, sec. 3; Joseph Siers, sec. 4; Prince Jenkins, sec. 5; Prince Jenkins, sec. 6; John Welch, sec. 7; Mathew Sparks, sec. 10; William Siers, sec. 10; John Wood, sec. 13; James Finley, sec. 14; James Remy, sec. 24; Morris Sealey, sec. 25; John Hays, sec. 25; James Gold, sec. 25; James Remey, sec. 26; Caleb Keeler, sec. 26; Lemuel Snow, sec. 27; Lemuel Snow, Jr., sec. 27 ; Lemuel Snow, sec. 27; John Vanblaricum, sec. 28; Lemuel Snow, sec. 28; George Larrison, sec. 28; Nathan Richardson, sec. 33; Henry Garner, sec. 34: Ab- ner Conner, sec. 34; Andrew Bailey, sec. 36; Robert M. Seely, sec. 36.
1815-James Stewart, sec. 3; Mathew Sparks, sec. 4; James Montgom- ery, sec. 4; Jonathan Winn, sec. 7; Joshua Quile, sec. 9; Ebenezer Lewis, sec. 9; Joshua Quile, sec. 9; Isaac S. Swearingen, sec. 15; Isaac S. Swear- ingen, sec. 15; David K. Este and Andrew Bailey, sec. 17; William Hudson, sec. 18; Isaac Swearingen, sec. 22; Israel Davis, sec. 23; William Smith and Simon Gulley, sec. 26; John H. Rockefellar, sec. 31; I. and William Wat- kins, sec. 33; Ralph Wildrige, sec. 33: William Lewis, sec. 36; Joseph Hoop and Michael Flowers, sec. 36.
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