USA > Indiana > Hancock County > History of Hancock county, Indiana; its people, industries and institutions > Part 5
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In some of the counties of the state this land was managed and worked many years, and the income therefrom used for the maintenance of the schools. In Hancock county, however, all these sections were sold at an early date. All except two sections (in Buck Creek and Vernon townships) were sold before 1837. The section in Buck Creek was sold in 1849, and the section in Vernon in 1850.
Among the treaties made between the United States government and the Indian tribes which affected the territory of which Hancock county is a part, was possibly the treaty of October 3, 1818, in which the Delawares ceded to the United States all their land in Indiana. Their claim was rather indefi- nite. They held it, in joint tenancy with the Miamis, and it seems to have been located in the region of White river. On October 6, 1818, the Miamis ceded to the United States their lands, including all of central Indiana and a part of western Ohio. This tract became known as the "New Purchase" and was bounded on the north and west by the Wabash, and in places extended beyond that river; on the southwest, by the famous "ten o'clock line," which began about the center of Jackson county and ran northwest, entering Illinois about the middle of Vermilion county ; on the southeast, by a line from the same point in Jackson county northeast along the present slanting northwest boundary of Ripley county, then more nearly north, leaving the state beyond Randolph county just west of Ft. Recovery.
On January 22, 1820, the State Legislature divided a portion of the "New Purchase" tract into Wabash and Delaware counties. In this division Hancock county was included as a part of Delaware county. In 1823 Dela- ware county was divided, and Madison county was organized as a separate county, including the territory of Hancock county. In 1828 Hancock county was organized as a separate county from a part of the territory of Madison county.
57
EARLY INFLUENCES.
In the act separating the two counties. Hancock county is described as "all the territory lying one mile south of the line dividing townships 17 and IS, and within the former territory of Madison." This included the present territory of Hancock county. In the acts of 1843 the county is again de- scribed by metes and bounds as follows: "Beginning at the southwest corner of section 35 in township 15. north, range 5 east, thence east to the southcast corner of section 33. township 15 north, range 8 east, thence north to the northeast corner of section 4, in said range and township, thence east to the southwest corner of section 36, township 16, range 8, thence north to the northwest corner of section 2, in township 16 north, in range S east, thencc east to the southwest corner of section 36, township 17 north, range 8 east, thence north to the northwest corner of section 12, in said township, thence west to the northwest corner of section 9, in township 17, range 6 cast, thence south to the southwest corner of said section, thence west to the northwest corner of section 14, township 17, range 5, thence south to the place of be- ginning."
(Whoever drew the above description did not take into account the fact that the range lines are broken at the line dividing townships 16 and 17, and that therefore the last line, south from the northwest corner to section 14, to the place of beginning, is not a straight line. )
CHAPTER III.
THE COUNTY GOVERNMENT.
Two acts were passed by the Legislature for the organization of Hancock county as a separate county. The first act, approved January 26, 1827. pro- vided. in substance, that all the territory lying one mile south of the line divid- ing townships 17 and 18 and within the then boundary of Madison county, should be formed as Hancock county, and should enjoy all the rights. privi- leges and immunities belonging to separate counties. It provided that all circuit and other courts should be held in said county at the house of Henry Pierson. It provided further that the county should be attached to Madison county for all civil, judicial and other purposes, until the county seat should be located and convenient buildings should be erected.
In the latter part of the same year, another act was passed and approved which made complete provision for the organization of the county as a sep- arate county. This act is as follows :
"An Act for the Organization of the County of Hancock. "Approved December 24, 1827.
"Section I. Be It Enacted by the General Assembly of the State of Indiana: That from and after the first day of March next, the county of Hancock shall enjoy the rights and jurisdiction which to separate counties do properly belong.
"Section 2. That Levi Jessup, of the county of Hendricks. James Smock, of the county of Johnson. Richard Blacklidge, of the county of Rush, John Anderson, of Henry county, and Thomas Martin, of Marion county, be, and they are hereby appointed commissioners for the purpose of fixing the perma- nent seat of justice for said county of Hancock, agreeably to the provisions of an 'Act to Fix the Seats of Justice in New Counties.' approved January 14. 1824. and the act amendatory of the same, approved December 19. 1825. The commissioners above named or a majority of them shall convene at the house of Samuel B. Jackson in said county, on the first Monday in April next or so soon thereafter as the majority shall agree.
"Section 3. It shall be the duty of the sheriff of Henry county, on or before the fifteenth day of March next. to notify the commissioners above named, either in person or by writing, of their appointment, and of the time
58
59
COUNTY GOVERNMENT.
and place when they are to convene, and the court doing county business shall allow him a reasonable compensation for his services out of the moneys in the treasury of said county of Hancock.
"Section 4. The circuit and other courts of the county of Hancock shall be held at the house of Samuel B. Jackson, until suitable accommodations can be had at the county seat, and the said courts may adjourn thereto, or to any place in said county if they think proper.
"Section 5. The agent who shall be appointed to superintend the sale of lots at the county seat of the county of Hancock shall reserve ten per cent. out of the proceeds thereof, and out of all donations to said county, and pay the same over to such person or persons as may be appointed by law for the use of the library of said county, which he or his successors shall pay over at such time and in such manner as shall be directed by law.
"Section 6. It shall be the duty of the qualified voters of said county of Hancock, at the time of electing the officers of said county, to elect three commissioners within and for said county, who shall constitute a board for transacting county business, and do and perform all the duties heretofore de- volving on the board of county commissioners in organizing new counties. And said persons so elected shall hold their offices in the same manner and tincler the same restrictions as they are prescribed by an 'Act to establish a Board of County Commissioners,' approved January 31. 1824.
"Section 7. The said commissioners, when so elected and qualified into office, shall have the power to hold special sessions and to do and perform at such special sessions any acts which may have been required by law to be done at any previous regular session or sessions of the court doing county business.
"Section 9. This act to take effect and be in force from and after the first Monday in March next."
The organization of Hancock county as a separate county under the above act became effective on March 1, 1828. It was, however, only a "dis- trict of country," without the organized machinery of civil government. Pro- vision had been made in the first act of the Legislature for the organization of the county, approved January 26, 1827, that the circuit court and all other courts to be held in Hancock county should be held at the house of Henry Pierson, and that all acts, judgments, and decrees of said courts should have the same force and effect as if held in Madison county. There is no record, however, of any court held in Hancock county previous to the fourth Monday of March. 1828. On that day, March 24. Bethuel F. Morris, who was presi- dent of the fifth judicial circuit, which then included a number of counties in central Indiana. came to the house of Samuel B. Jackson, which stood on the
60
HANCOCK COUNTY, INDIANA.
south side of the National road, just a little west of where the car barns now stand, and there held, or organized rather, the Hancock circuit court. There were present on that day, Bethuel F. Morris, judge : Lewis Tyner, clerk : Jacob Jones and James B. Stevens, associate judges, and James Whitcomb, prosecu- tor. The organization of the court was effected as follows: Judge Morris produced his commission as president of the fifth judicial circuit. from the hand of the governor, William Hendricks; also a written copy of his oath as such president of the fifth judicial circuit, both of which were placed on the records of the Hancock circuit court. Lewis Tyner produced his commission as clerk of said county, and his bond, with John Foster, Samuel B. Jackson, Elijah Tyner and Israel Chapman as sureties, both of which instruments were placed on record. The associate judges next produced their commissions and oaths, as did also the prosecutor, James Whitcomb. The commissioners of the associate judges and of the prosecutor, however, were not recorded. Following this, Calvin Fletcher, Henry Gregg, Marinus Willett and Charles H. Verder. on motion of the prosecutor, were duly admitted to practice as attorneys and counsellors-at-law at the bar of the new court.
Lewis Tyner, clerk, then produced a seal, which "the court adopted and ordered to be used and taken and received as the seal of this court until the same is changed." This scal was a notched disc about one and one-half inches in diameter, with the word "HANCOCK" printed in large capitals around the margin, and eight short lines radiating in all directions from the center.
John Foster did not produce his commission as sheriff until the Sep- tember term, 1828. With this exception, the organization of the court was completed on March 24, 1828, and court and attorneys were ready for any legal matters that might need attention. But there being an evident lack of business. the court adjourned sine die.
The two associate judges above mentioned were county officers and sat as a probate court without the presence of the presiding judge. Judge Morris traveled from county to county over his entire circuit and was not strictly a county officer. The presiding judge had about the same duties to perform that devolve upon our present circuit judges. The associate judges sat on either side of the presiding judge when court was in session.
At the September term, 1828. the first grand jury convened, and re- turned several indictments. The following men were members of this grand jury : George W. Hinton, James Mckinsey, Benjamin Gordon, Meredith Gosney, Jeremiah Meck, Samuel Thompson, Robert Snodgrass. David Tem- pleton, Ladock Stephenson, Richard Guymon, Jacob Tague, Moses McCall, Samuel Martin, Basil Meek. Owen Griffith and John Osborn. The record
.
61
COUNTY GOVERNMENT.
shows that Meredith Gosney was appointed foreman. Eight cases, including four prosecutions for rioting and two for assault and battery, were disposed of by the court at this term. Pleas of "guilty" were entered to all of the charges, and on the second day. September 23, there being no further busi- ness, the court adjourned.
On March 19, 1829, the court convened for the March term, 1829. Dur- ing this term, the first plea of "not guilty" was entered, by Nancy Shay, de- fendant, on a charge of assault and battery. On March 21, 1829. this case was tried before the first petit jury impanelled in this county, composed of Henry Watts, John Kauble, Peter Bellers, Benjamin Miller. George Baity, William Chapman, William Booth, David Smith, John Henley, James Good- win. Samuel Vangilder and Eli Chapman. The, jury returned a verdict of "guilty," and did "assess a fine to her of twenty-five cents."
Both of the above terms of court were held at the house of Samuel B. Jackson.
A probate court was first organized on December 8. 1828, also at the house of Samuel B. Jackson. There were present the associate judges, Jacob Jones and James B. Stevens. They produced their commissions as probate judges, but, there being no business, they adjourned "till court in course." At the March term, 1829, these judges convened again at the house of Samuel . B. Jackson, but adjourned without doing any business.
At the November term, 1829, however, Jeremiah Meek produced his commission from the hand of the governor as judge of the probate court for Hancock county, under the act approved January 2. 1829, providing for the organization of probate courts in the state. The first matter brought before this new court was the guardianship of the infant heirs of David John. John Foster was appointed guardian, and filed his bond, with Lewis Tyner as security.
On Monday, April 1, 1828. the county commissioners held their first meeting, in special session at the house of Samuel B. Jackson. The record of that meeting recites in part :
"SPECIAL TERM, APR. 7th .A. D. 1828.
"At a special term of the Board of County Commissioners of the County of Hancock, at the house of Samuel B. Jackson, in the aforesaid County, on the 7th day of April in the year of our Lord, one thousand eight hundred twenty eight-
"Samuel Vangilder Esqr. presented his Certificate as first Commissioner of the County of Hancock from under the hand of John Foster. Sheriff of
62
HANCOCK COUNTY, INDIANA.
1
said County to serve as such, for the term of three years from and after the date of his said Certificate, which Certificate bears date the 20th day of March, 1828. On the back of said Certificates is endorsed the Certificate of John Foster, Esquire, Sheriff as aforesaid, of his having taken the several oaths prescribed by the Constitution and laws of the State of Indiana-Where- upon he takes his seat as first Commissioner of said County."
Elisha Chapman presented a similar certificate as second commissioner. for a period of two years, and John Hunter, as third commissioner, for a period of one year, all of which were duly recorded in the first county com- missioners' record.
DIVISION OF COUNTY INTO TOWNSHIPS.
The first official act of the county commissioners after the organization of the board, on April 7, 1828, at the house of Samuel B. Jackson, was to divide the county into townships. Three townships were organized. The minutes of that meeting recite :
"It is ordered by the Board that the County be divided into three town- ships, as follows, to wit: Commencing at the southeast corner of Section Thirty-four, Township Fifteen. Range Six, thence north to the north boun-
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Hancock County as Laid Off April ", 18ºS.
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BUCK CPEEK
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SUGAF CREEK
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Hancock County, Sept., 1833, to Jan., 1836.
dary of said county, and that all the lands lying west of the said line to the best boundary of said county shall be known and designated by the name and title of Sugar Creek township, No Ist. And that all the lands lying west of the lines dividing thirty-four and thirty-five in Township Sixteen and Range Seven, thence running north to the north boundary of said County shall be known and designated by the name and title of Brandywine Township, No. 2nd. And that all the lands lying east of the aforesaid line to the east
63
COUNTY GOVERNMENT.
boundary shall be known and designated by the name and title of Blue River Township, No 3rd."
It was soon found advisable to make further divisions of these townships. At the May term, 1831, several divisions were made. Blue River township was reduced in size and given its present boundary. The remaining part of the original Blue River township was organized and became known as Jackson township. Brandywine township was reduced to a district six miles east and west by five miles north and south, located where it is now except that the northern boundary was one mile further north than it is now.
Center township was organized and bounded as follows: Commencing one mile south of the township line dividing 15 and 16 at the line dividing 2 and 3: thence north to the said township line; thence east one mile ; thence north one mile ; thence west two miles west of the range line dividing 6 anel 7 : thence south two miles; thence east to the place of beginning.
Harrison township was organized and bounded as follows: Commencing one mile north of the township line dividing 15 and 16 and one mile west of the range line dividing 7 and 8; thence due north to the north line of said county : thence west on said line one mile west of the range line dividing 6 and 7 : thence south, within one mile of the line dividing 16 and 15, thence east to the place of beginning.
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Hancock County, 1850 to 1853
(Towns as Known Prior to 1850).
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Hancock County
Since the
Last Division,
1553.
The following addition was made to Sugar Creek township: Commenc- ing one mile north of the township line dividing 15 and 16: north from thence one mile in width to the county line, one mile in width and ten miles in length.
At the November term. 1831, Buck Creek township was organized and bounded as follows: Commencing at the southeast corner of section 34.
EFCWY
JACKSON
·
64
HANCOCK COUNTY, INDIANA.
township 16, range 6; thence north one mile: thence east one mile; thence north to the county line; thence west to the same; thence south to the first mentioned line; thence east to the place of beginning.
At the September term, 1832, Green township was organized and made to include all of what is now Green and Brown townships, described as fol- lows: Beginning at the east side of said county on the line dividing con- gressional townships 16 and 17; thence west on said line to Buck Creek town- ship line; thence north with said Buck Creek township line to the county line ; thence east and south with said county line to the place of beginning.
At the September term, 1833. Brown township was organized and given its present boundary lines.
At the January term. 1836, Center township was ordered bounded as follows: Commencing at the northwest corner of section 35, township 16 north, range 7 east (evidently range 6 east was intended) ; thence east seven miles to the northeast corner of section 35: thence south three miles to the southeast corner of section 11, township 15 north, of range 7 east ; thence west seven miles to the southwest corner of section II: thence north to the place of beginning.
At the May term, 1836, the southern boundary line of Vernon township was located one mile south of the line dividing townships 16 and 17 north.
At the May term, 1838. it was ordered that the following described tract of land formerly belonging to Sugar Creek and Buck Creek townships be set apart and called Jones township, to wit : Beginning at the southeast corner of section 10 in township 15 north, of range 6 east ; thence running west with the section lines to the southwest corner of section 17 in township 15 north. of range 5 east : thence with the county lines dividing the counties of Han- cock and Marion to the northwest corner of section 26: thence east with the section lines to the northeast corner of section 26. township 16, range 6; thence one mile to the southeast corner of said section 26: thence west one mile to the southeast corner of said section 26; thence south along the section line to the place of beginning.
At the September term. 1838, it was ordered that the following described tract of land formerly belonging to the townships of Harrison, Buck Creek and Vernon "be and the same is hereby set apart and called Union township. 10 wit: Commencing at the southeast corner of section 30 in township 16 north, of range 7 east: thence west four miles along the section line to the southwest corner of section 27, range 6 east : township 16 north ; thence north
65
COUNTY GOVERNMENT.
along the section lines five miles to the northwest corner of section 3 in township 16. range 6 east ; thence east four miles along the section line to the northeast corner of section 6, township 16, range 7: thence south along the section line five miles to the place of beginning."
At the June term, 1850. it was "ordered that sections 1. 12. 13 and 24. in township 16 north, of range 7 east, and sections numbered 2. 3. 4. 5. 6. 7. 8, 9. 10, 11, 14. 15. 16. 17. 18, 19, 20, 21, 22 and 23. of township 16 north. range 8 east. shall compose a separate township and shall be designated and known by the name of Worth township."
On March 11, 1853. the following entry was made in commissioners Record "C". page 142:
"The board now proceeds to lay off the county into townships, as fol- lows, to wit:" Here follow descriptions of the nine townships of the county with their present boundaries. No change has been made in the township lines since that time.
After the division of the county into townships, the board ordered the election of two justices of the peace in each township. the first elections to be held on the first Saturday of May. 1829. The election in Sugar Creek town- ship was ordered held at the house of William Banks, who lived within or near the present corporate limits of New Palestine. In Brandywine town- ship, the election was ordered held at the house of Samuel B. Jackson, and in Blue River, at the house of Abraham Miller, who lived one-half mile north and one-fourth mile east of Westland. William McCance was appointed in- spector in Sugar Creek township. Jeremiah Meek in Brandywine, and Jona- than Justice in Blue River township.
The board then appointed trustees for the school sections in the con- gressional townships within the county. The following appointments were made :
Section 16. township 15. range 6. William McCance. Jacob Murnan. Joseph Weston.
Section 16. township 15. range 7. Elijah Tyner. Samuel Martin, Lucus Brown.
Section 16, township 15. range 8. Samuel .A. Hall. James Tyner, Joshua Binford.
Section 16. township 15. range 8. Basil Meek, Samuel Thompson. James Dennis.
(5)
0,6
HANCOCK COUNTY, INDIANA.
Section 16. township 15, range 7, Meredith Gosney, Benjamin Spillman. Samuel B. Jackson.
Section 16, township 15, range 6, Morris Pierson, Jacob Jones, James Willetts.
The first day's business was closed with the following order: "It is ordered by the board that each and every person producing a wolfe scalp or scalps killed within Hancock County shall severally be allowed the sum of one dollar for each scalp over six months old, and fifty cents for every scalp under six months old, and that the Treasurer shall pay the same out of any money's not otherwise appropriated, when a certificate be produced by the applicant from under the hand and seal of the clerk of said Board."
This order was based on an act approved June 27, 1827. which provided that in case anyone produced before the clerk of any circuit court, a wolf scalp or scalps with the ears, within thirty days after the wolf had been killed, within eight miles of any settlement in Indiana, he should receive the sums above stipulated. The applicant had to make oath as to the facts. whereupon the clerk was required to destroy the wolf's ears in the presence of the applicant. The clerk then gave the applicant a certificate which enabled him to draw his money. The order is interesting as the first step toward greater security of life and property, and for the light it throws upon the con- ditions of the times. Quite a number of fees were paid for killing wolves in Hancock county during the first ten years after this order was made.
Among the orders drawn for wolf scalps, as shown by the early com- missioners' records, are those of Isaac Lucas, two scalps; one Sebastian, three scalps ; Robinson Lucas, one scalp; William Records, three scalps ; Reed Fuller, one scalp; Joe Kingan, two scalps; Aaron Pawd, two scalps ; Joshua King, ten scalps ; John Carr, one scalp; Thomas Carr, one scalp.
It was then "ordered that the board adjourn until tomorrow morning at the hour at 10 o'clock-present the honorable
"Attest "Lewis Tyner
Samuel Vangilder. Elish Chapman John Hunter."
On the next day. April 8. 1828. the board appointed the following county officers: County lister, Samuel Martin ; county treasurer. Henry Watts.
The scal of the Hancock circuit court was adopted by the board to be used when any instrument in writing required a seal affixed thereto. No further steps in the organization of the county were taken on that day.
On Wednesday and Thursday. April 9 and 10. adjourned sessions were
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COUNTY GOVERNMENT.
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