USA > Indiana > Hamilton County > History of Hamilton County, Indiana : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 10
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The first county road laid out and improved in this jurisdiction, is described on the record as follows: " Beginning at the road running from Pipe ('reck past Strawtown, near John Black's, and running thence the nearest and best way, passing Jacob Hier's, down White River on the west side, to interacet the aforesaid road at or near Jeremiah Leaning's." On the 11th of August, 1823, the Viewers before nppointed, having viewed the route indicated, made their report and were discharged. The board, thereupon, ordered that the road be opened to n width not exceeding thirty-three feet, and Jacob T. Hier was appointed Supervisor.
CHAPTER II. EARLY LAND SYSTEMS.
The Early System of Conveying Areas of Territorial Lands by Imperial Charters-Hote they Were Surveyed-Colonial System-Modifications.
0. 8. PUBLIC' LAND SURVEYS.
W THEN the territorial ifrea embrared within the present houndaries of Hamilton County passed from the control of its aboriginal proprietors, the title beenme vested by treaty in the Government of the United States, which thereafter exercised the rights of ownership prescribed by the law-making power of the nation, and sanctioned by immemorial usage. These rights, in- herent in the Government, become duties when exercised by the Government toward and on behalf of the people acknowledging allegiance thereto. Aside from such portions of these' lands as are required for Government uses, after heing surveyed, all are subject to sale and purchase, as a means of inducing settle- menta thereon, having in contemplation a strengthening of the relation between the Governed and the Government. Under the system of surveys recognized
in colonial times, the evidencey of which are still visible, especially in Virginia and Kentucky, and other of the Revolutionary States, the boundaries of indi- vidual freeholds were to a considerable extent, arbitrarily established, not infrequently conflicting one with another, since the lines were usually desig. nated at the suggestion of individual preference. This system was the legiti- mate ontgrowth of that recognized in prescribing the limits of extensive Innd grants to favored subjects by the crowned heads of Europe, for which they issued charters, guaranteeing special privileges.
These chartered grants were nearly always koweated with referener to the general bearing of some sea-coast or river, attaching no importance to the cardinal points of the compass. Litigation growing out of this method, in the conrze ot time became so frequent and the results so unsatisfactory under the old regulations, that, soon after the adoption of our present system of guvern- ment, another system since known as rechnungsher smereying, was adopted. It approached its present perfection, however, by degrees, as the sequel will show. The first departure from the old method, antedated somewhat the inauguration of prosent governmental system, being prescribed by the Congress of the Con- frileration, on the 20th, of May, 1785, and provided for the survey of the " Western Territory." The ordinance prescribed that enid territory should be divi led " into townships of sis miles square, by lives running due north and south, and others crossing them at right angles," which, indeed, formed the basis upon which the present system was constructed. lustend of the irregu- far coast-line base of the charter system, we have the due east and west base line and standard parallels, with the principal meridian fines erected thereon. and at right angles therewith, whereby the township and subdivisional lines are definitely and accurately ascertained and loented.
On the 18th of May, 1796, the Federal Congress paused the first law on the subject of public surveys, the application of which was to "the territory northwest of the river Ohio, and above the mouth of the Kentucky River," better known as the " Northwestern Territory," which, subsequently, was granted Territorial rights noder a special act of Congress.
The following are the provisions of the second section of that net, nod apply to such lands as had not already been surveyed or disposed of, requiring that these lands be surveyed " by north and south lines run according to the meridians, and by others crossing them at right. angles, so as to form town- ships six miles square." It was further provided that " one half of said town- ships, taking them alternately, should be subdivided into sections containing .; us nearly as may be, 610 acres ench, by running parallel lines through the ... sune each way at the end of every two miles, and making a corner on each of said lines at the end of every mile." On the 10th of May, 1800, by further act, amendatory of the above, it was directed that " the interior lines of town- ships intersected by the Muskingum, and of all townships lying cast of that river, which had not before been netually subdivided into sections, should also be run and marked in the manner prescribed by the said aet for running and marking the interior lines of townships directed to be sold in sections of 610 neres each." Whenever the exterior lines of the townships thus to be anb- divided exceeded or fell short of six miles, the excess or deficiency was to be added to or deducted from the western or northern tier of sections. By this net it was also provided that the northern and western tiers of sections should be sold as containing only the quantity expressed on the plata, and all others as containing the complete legal quantity. These several provisions constitute the basis of the system of subdivisional surveys now in uxc.
Under the provisions of the first section of the act approved March 26, 1804, it was made the duty of the Surveyor General to cause the public lands north of the river Ohio, and east of the river Mississippi, to be surveyed into townships six miles square, and divided in the same manner as provided by law in relation to the lands northwest of the river Ohio, and above the month of the Kentucky River. Subsequently, n law was passed hy Congress, nod approved February 11, 1805, contemplating the division of the public domain in tracts suitable for settlers of moderate means, which provided for snich sullivisions and established the following principles determining the subdivisional boundaries of the public lands. Section 1, provides that " all the corners marked/ in the surveys returned by the surveyor *
* * shall be established as the proper corners of sections, or subdivis- jons of sections which they were intended to designate ; and the cornera of half nnd quarter-sections not marked on the said surveys, shall be placed as nearly as possible equidistant from these two corners which stand on the same line." The second section provides that." the boundary lines actually run and marked in the surveys returned by the surveyor * *
shall be catablished as the proper boundary lines of the sections, or
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HISTORY OF HAMILTON COUNTY, INDIANA.
subdivisions, for which they were intended, and the length of such lines, as returned by *
+ * Surveyors, shall be hell and considered as the true length thereof. And the boundary lines which shall not have been actually run and marked as aforesaid, shall be avcertained by running straight lines from the established corners to the opposite correspond- ing corners; but in those , funtions of the fractional townships where no such uppsite corresponding corners have been or can be fixed, the ssid boundary Imes shall be a-certained by running from the established corners due north and south, or east and west, lines, as the case may be, to the water-course, Indian boundary line, or other external boundary of such fractional township."
Section & provides that " each section, or subdivision of section, the con- tents whrtruf shall have been, or, by virtue of the first section of this art,
shall In, returned by the Surveyor, * + shall be hell and considered, as containing the react quantity expressed in sach return or returns; and the halfsection and quartersection, the contents whereof shall not have been there returned, shall be held and considered as containing the the half of the one-fourth past respectively of the returned contents of the section of which they may make part."
By the art of Congress of February 22, 1817, it is provided that, from and after the first day of September of that year, " in every ram after division of a quester section " (of sections designated by numbers 2, 5, 20, 30 and 35 ). "the partitions shall be made by a live running dar north and south." It will be seen from the last preceding clause that in the subdivision of quarter sections there were only certain sertions in each township which were sulgjert to sul- divisions by a bath and south lige; lat, by a subsequent act - of April 21, 1490 it was provided that, " in every case of the subdivision of a quarter sertion," after the first of duty of that year, "the line for the division thereof shall run north and smith, and the comers and contents of half quarter sertions which may thereafter he sold, shall be ascertained in the manner and on the 1 principales directed and prescribed by the second section of the act of February 11, 1503." At the time the public lands in this county were surveyed, the provisions of the foregoing arts and amendments, so far as the same were applicable, were in full force and effect, and the surveys, accordingly were male porsent to said provisions.
Before the title to lands embraced in the territory of which this county was a part came into possession of the Government of the United States, by i treaties with the Delaware Indians and other tribes claiming an interest in them, at the time and subsequent therete, those, and other lands subject to sale by the United States, were divided into large areas called Land Districts, in which a District Office, known as a branch of the General Land Office of the United States, was located as a means of ready access to purchasers, especially for the arronmodation of jourchasers eunteondating artutal settlement, after having first visited and selected desirable sites for homesteads, thus affording readied facilities to those inten ling to improve their land- for the common benefit of themselves and the country at bree. Here the lands were for sale, at the branch office in Brookville, in Franklin Co, Ind., for which reason the territorial area containing them was afterward Known as the Brookville Lind District. Afterward, when the major part of the looks were sold, the boundaries of this district were changed and enlarged, emulnacing additional territory, which, again in the same manner, were changed, enlarged, and new offices located, as time and circumstances demanded. What was formerly a part of Brokville District became the Indianapolis District, with the office situated at the State capital. The boundaries of the Indianapolis District are thus described .
" Beginning at the southwest corner of Township 10, Range 2 east ; thence north with the line between Ranges 1 and 2 cast, to the line between Townsbij~ 20 and 21 north; thener with line between Townships 20 and 21 north, east to its intersection with add Indian or Cincinnati line, in Bange 13 east : thener south southwest, with the Indian or Cincinnij line, to its intersection with the live between Townships ! and 10, in Range 11 cast ; and thener west with the bue between Townships 9 and 10 to the place of beginning"-embracing, as may be seen, the land in Honilton County. Finally, when the public lands had all been entered, the laanch land officers were discontinued, though the notes of surveys, with the accompanying plats, may be found at the office of the Auditor of State, at Indianapolis. The original surveys of the public lands in this county were chiefly made in the spring of 1820, by Judge Willinn B Laughlin, Deputy U. S. Surveyor, assisted by Judge Charles It. Test
PERIOD OF LAW AND ORDER.
CHAPTER I.
The Organic art Process of Organization-Formation of the Board dning County Business Officers Chosea. Commissioned and Qualified -P'ra- cordings of the Early Sessions of the Board- Bons.
W THEN the settlements had become sufficiently numerous, these carly settlers, whose adventurous spirits had indneed them to seek habitations in the primitive forests of Hamilton County, with the others who, from like inducements, had followed their rvande, made application through the proper channels to the Legislature for a charter authorizing them to become, under the law, a separate and independent county jurisdiction. This preliminary stop was taken in the summer and fall of 1822, and the application presented to the legislature at the session of 1822-23, held then at Gaydon, Harrison County, the temporary seat of government of the State. In due time an act was passed, as contempdated in the petition, and approved by the Governor, on the Sth of Jumary, 1823. The following are the leading provisions of the art :
Section 1. Be d enacted by the General Assembly of the State of Indiana, That from and after the first Monday in April next ( 1823), all that part of the county of Marion, and north of Marion, contained in the following hounds, shall forin and constitute a separate county, viz : beginning on the range line dividing Ranges 2 nud a, enst of the second1 principal meridian, at the southwest corner of Section 7, in Township 17, and Range 3, thener running north on the said range line, to the township line dividing Townships 20 and 21, thenew cast on the Raid township line to the northeast corner of Section 5, in Township 20, and Itange fi, thener south on the section lino to the southeast corner of Section 8, in Township 17, and Raugn 6, and thonce west on the ecctlon iinc to the place of linginning.
Ser. 2. The anidl new county shall be known and designated by the name of Hamilton, and shall enjoy all the rights, privileges and jurisdiction, which to sepa- rate and independent counties dlo or may properly apperinin or belong.
Ser. 3. Benjamin I. Blythe, of the county of Dearborn, Martin M. Bay, of the county of Fayette, John Sample, of the county of Handulph, William Redick, of the county of Bartholomew, and James Watson, of the county of Sullivan, are hereby appointed Commissioners, agreeably to the art emitied "An Art for the living of Seale of Justice in all new counties hereafter to be laid all." The Commissioners above named shall convene at the house of William Conner, in the end county of Hamilton. on the first Monday of May next (1997), and shall immediately proceed to discharge the duties assigned them by law. It is hereby made the duty of the Sheriff of Marion County. In notify the said Commissioners, either in person or by written notification, of their appointment, on or before the 15th day of April next (182%), and the said Sheriff of Marion County shall receive from the said county of Hamilton so much as the County Commissioners shall deem jnet and reasonshle, and who are hereby author- ized tu allow the same ont of any moneys in the Treasury not otherwise appropriated, in the anme minner ne other allowances me made.
Sre. 4. That the f'sreuit Court in the county of Hamilton shall meet and be holden at the house of William Conner, in said county, until suitable accommodations can he bad at the seat of justice, and, as soon as the court of said county are satisfied that anit- Able Accommodations can be bad ni the county sent, they shall ndjonen their courts thereto; after which time, the courts of the county of Hamilton shall be hollen at the county sent of snid county, established ne the Inw directs ; provided, always, that the Cirenit Court shall have authority to adjourn the court fring the house of William . Conner, as aforesail, to any other place, previous to the completion of the public billings, should the sail court, or n majority of them, deem it expedient or necesunty.
Sec. 5. The Board of County Commissioners of the snid county of Hamilton whall. within twelve months after the permanent sent of justice shall have been selected, proceed to erect the necessary buildings therein, purenant to the directions of the County Commissioners of antd county.
Ste. 6. The ngent who shall be appointed for the sales of lots, at the county aray of the said county of Hamilton, shall reserve and receive 10 per centin ont of the proceeds thereef; and also, 10 per centum out of the proceeds of all donations made In the county, and pay the same over to anch person or persons ns iony he apprinted by law to receive the same, for the use nf n county library, in the snid county
37
HISTORY OF HAMILTON COUNTY, INDIANA.
Hamilton, which he shall pay over at such time or times, and place, ne may be provided by law.
Section 7 provides for the organization, support, conduct and management of a county library, poursnant to the terms of an act for the incorporation of n county library in Dubois and other countries. By the 8th Section, Hami- ilton County was made a part of the Fifth Judicial firenit of the State. The art was in force from and after its passage.
This act took effect on the first Monday in April (7). 1823, at which time the machinery appertaining to organization was put in motion, whereby the people came into the enjoyment "of all the rights, privileges and jurisdiction which to separate and independent counties do or may properly appertain er belong." As the agent, whose duty it was to act in the primary process of vitalizing the legislative authority, the Governor appointed William P. Warwick Sheriff of Hamilton County, to discharge the duties appertaining to that office until a regular sucesor was chosen. Pursuant to the notice issued by him, a primary election was held by the qualified voters for the chvier of the necessary officers The Sheriff, upon such officers being chosen, issued to them certificates of' election according to law. Commissioned officers received their authority to act from the flovernor.
BOARD OF COMMISSIONERS,
The record of the proceedings had at the first session of the Board of Commissioners for said new county of Hamilton, (which was formed ont of the county of Marion), presents the following exhibit : The first session wax held at the house of William Conter, in said county, the place designated hy the legislature, " for holding the fireuit and all other courts of said county of Hamilton, for the time, and until a court house more suitable," could he erected at the county seat-commencing on the second Monday, being the 19th day of May, 1812.
" William Dyer produced a certificate of his election, from William P. Warwick, Sheriff of said county of Hamilton, to serve as a Commissioner for three years, for said county, on the back whereaf was indersed a certificate of his having taken an oath to support the Constitution of the United States and of the State of Indiana-the oath of offer and the oath against dueling -- and thereupon took his seat as a member of this Board." .
" Zonas Beck with produced a certificate of his election from William P'. Warwick, Sheriff," etc, and having made proof that he had taken the prescribed oaths, entered upon the discharge of his duties, for a term of two yours Likewise, .
" Solomon Finch produced his certificate, also, to serve fur one year, took his seat," having previously, as shown by the indorerment on his certificate, taken and subscribed the necessary baths of office.
" John D Stephenson produced his commission as flerk of the Cirenit Conrt for the said county of Hamilton, from his Excellency, William Hendricks, Governor of the State of Indiana, on the back of which was incolored a cor- (ilicate of his having taken the eathe " prescribed by law
"William P Warwick produced his conmission ns Sheriff of the said county of Hamilton, from his Excellency William Hendricks, Governor of the State of Indiana, on the back of which was indopsed a certificate of his having taken the path of office."
"Thus the official enginery of Hamilton County was fully adjusted and legally aproprinted. The following are some of the first productions of this body corporate and politir. The record prorreds :
" The Board then proceeded to lay the county off into townships, to wit :
" The following territory shall be established and known by the name of White River Township, to-wit: Beginning at the most easterly boundary of said emminty on the line dividing Sections 17 and 20, in Township 19, Runge 5 ; thence, on said line until it strikes the west line of said county ; thence worth, running with said county line to the northwest corner ; thence cast, to the northenst corner ; thence, with said line, to the place of beginning ;" und,
" That all that part of the county lying south of a line drawn from the most east wardly bemmary of said county, running with the line dividing Sections 17 and 20, in Township 19, until it strikes the most westwardly boundary, shall be laid off, established and known by the name of Delaware Township."
" The Board ordered that Jneob Hyer and Henry Foland be and they are hereby appointed Overseers of the Poor, in White River Township, for one yenr. firorge Kirkindall and James Willison were appointed Overseers of the Poor. in Delaware Township, for one year.
At the next regular session of the Board, held in August, 1823, it was " Ordered, That Jerry K. Leaming and Andrew MeClintick be appointed to
serve as Constables for White River Township, until the next February seasion of this Board ; aml that Edward M. Dryer and George Wise be appointed aN such in Delaware Towoship for the same term ; and that they give hood in the sum of one thousand dollars." They all gave bond but Dryer, in the sum of five hundred dollars. He was given twenty days to exrente a bond, to be # approved by the Clerk and Solomon Fioch, one of the Hoard.
FIRST PETIT #1 RV.
At the Angust term afuresaid, the first Petit Jury for the county was drawn, consisting of thirty-sax " discreet householders," the names having hern selected from the list of owners of taxable property, as follows : " Allen Baxter, Chapel W. Brown, Thomas Morris, Andrew W. Ingrahm, Michael Wise, Julin Duncan. Archibald Bayless, James Headdly, John Dickson, Levi Disk. son, William Richey, John Tresel, John Osburn, John Carpenter, Andrew Wilson, James Freel, dir., Asa O Ives, Henry Shetterly, Henry Foland, John Conner, George Connor, Poter Custer, John Nickerson, Timothy Heron, Alexander Medlintick, Lemmel Anton, Solomon Wise, John Provmult, Elias Boddy, Juhn Bingam, David Couter, John Mman, Francis Broker, George Wise, Jerry K Leaming and Edward M. Dryer."
FIRST GHILAND AI RY.
" Thirty-six discreet householders " of the county were selected to serve as Grand Jurors, as follows, to wit . John Conner. James Willison, Curtis Mal- lory, William Bush, Francis Kinenid, William Couner, Charles Lacy, John Hannaman, Jeremiah Leaming, Michael French, James Leer, John Black, Jacob Hier, William James, Benjamin Coy. Nathan Coy, William Peck, Joseph Wilson, George Shirts, Robert Duncan. George Kirkingdall, Israel Finch, Nathan Popejoy, William Foster, Joseph Frazier, schroph Mel'ormach, Archibald Johnson, Lambeth Houth, Henry Lee, deve M. Wod, Thoune Provault, Alexander Booker, Solounos Finch, Zonas Beckwith, William Dryer and Benuni Freel, who were drawn at the Angust term, 1823.
August Session, 1823 .- Other proceedings: " Ordered, That John D. Stephenson, Clerk of the Circuit Court, be authorized to make a loan of money on the credit of the county, to the amount of $60, for the purpose of purchas- ing books and county seal, ete,, for this county, and that said Stephensen is anthorsarl to make the purchases aforosaid.
" Ordered. That A. D. Stephenson be allowed 82.374 for amount advanerd by him to procure a book and paper for the use of the county.
" Ordered, That Curtis Mallory be allowed 81.25 for furnishing jury boxes and boxes for the election, for the use of the county.
" Ordered, That J. D. Stephenson be allowed 81 for making ont tax dupli- este for present year ( 1423).
" Cheered, That Sohonon Finch and Zenas Beekwith be allowed 88 ench for four days' service as County Commissioners, and that William Dyer be allowed 82 for some service, ' he claiming no more.""
November session (1823). " James Domean was released from paying 81.25, charged by the lister, for a pleasure enrringe.
Chapel W. Brown was released from paying 30 centa, the amount charged for a yoke of oxen.
Jacob T. Hire was released from payment of 375c, amount charged on levy for a horse, John Bruitt, Francis Kincaid, James Freel, Sr., George Kirkindale and Robert Duncan were exempted from poll-tax, they being over att yours, and improperly newward. William Bush was released from pay- ment on two oxen."
"Outered, That Zenas Beck with be allowed 840.57, fur money furnished by him to purchase books for this county." "Ordered, That William P. Warwick, Sheriff of the county, for his services for the present year, is allowed the sum of $26.50 ; and that John D. Stephenson, Clerk of the Circuit Court, for his services in attendance on the Commissioners in the present year, be allowed the sum of $101; and that Solomon Finch be allowed the sum of 82 per day for two day's attendance as Commissioner of this county, at the present court; and that Win. Myers and Zenas Beck with be allowed the same sum for same service "
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