History of Jay County, Indiana, Part 6

Author: Montgomery, M. W
Publication date: 1864
Publisher: Chicago, Printed for the author by Church, Goodman & Cushing
Number of Pages: 304


USA > Indiana > Jay County > History of Jay County, Indiana > Part 6


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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108


INDIANS FIRE-HUNTING.


As late as 1833 the Indians visited this eddy to enjoy, for the last time, their favorite luunt. Once, having just made such preparations, Jesse Gray, senior, came into the vicinity. They immediate -


PÅKER


INDIANS FIRE-HUNTING ON THE SALIMONIE.


109


FIRST ELECTION.


ly left, and he enjoyed their camp and canoe. At another time, when he was fire-hunting, he came so near the deer that, when shot, it jumped across the canoe the first bound .*


In 1834, the families scattered over the south part of the county began to think their settlement of sufficient importance to be under the restraint of law. Prior to this they had enjoyed unlimited freedom. When Mr. Goodrich, Collector of Ran- dolph County, came to collect taxes, every man positively refused to pay. The collector laughed, said that any one who dared come out there-to open a forest, ought not to pay tax, and returned.


The Commissioners of Randolph County were petitioned to organize Salimonie Township and appoint an election.


On the 5th of January, 1835, the Board ordered that all the attached part of that county should be organized into Salimonie Township. They also appointed the first election at Daniel Farber's, on the last Saturday in January, 1835, Obadiah Winters, Inspector. The officer to be elected was a Justice; the candidates were H. H. Cuppy and Benjamin Goldsmith. Whiskey was free, a bar- rel having been obtained for the occasion, and the contest grew very exciting. The only politi -


* Many interesting stories might be related of Jesse Gray, senior; but the publication of his life is contemplated, in which they will more appropriately appear.


6


110


FIRST LAWSUIT.


cal question involved was the location of the can- didates, and Cuppy triumphed. This was the first election held in the County.


When a boy is possessed of a hatchet or a jack- knife, the temptation to use them becomes irresist- able. So it seemed to be with these few social neighbors. By the election of a Justice of the Peace, they obtained the facilities for going to law, and litigation commenced. Before this, all difficulties had been adjusted by third parties, without officers or fees, which generally resulted in the belligerent parties "drinking friendship." Not so when they could boast a "Squire." A law-suit was waiting for Squire Cuppy when he re- turned from Winchester, where he had to go to get his commission. Mr. William Bunch and Philip Brown quarreled about a "cross" dog be- longing to the latter, who had made some serious threats, and the former commenced a suit to com- pel. Brown to "keep the peace." The case was docketed "John Doe versus Richard Roe, etc.," a writ issued,a constable deputized, Brown arrested and the witnesses summoned to meet at Cuppy's house. The defendant admitted the charge, and was "bound over " to appear at the higher court. The most difficult part of the trial, for the Justice, now came up viz: how to draw a "recognizance." After much profound deliberation and careful re- search, a form was found in the statutes, which,


111


FIRST LAWSUIT.


though intended for general cases, was given under the vagrant act. Being a poor scribe himself, the Justice procured the services of Henry Welch, who, when he came to that part of the form given thus, " [John Doe and Richard Roe, &c., ]" sug- gested that the words in brackets did not suit the present case, and inquired what should be done ? This was a puzzling question for the "Court," but, having duly deliberated, Cuppy announced with an oath that he wanted it distinctly under- stood by the people that he was going according to law, and the form must be copied as given in the Statute. So it was copied, brackets and all, after which the court instructed the securities to " attend the next term of Court in Winchester, and deliver Brown up, in open Court, to stand his trial


for vagrancy-" Accordingly, when Circuit Court opened in Winchester, the securities appeared with Brown, when the Judge, upon an examina- tion of the papers, dismissed the case in such terms, as convinced Cuppy of his unfitness for Justice of the Peace, and lie resigned-a sensible act, which rarely occurs in these latter days. So ended the first lawsuit.


The records of the Randolph Board of Commis- sioners, dated May 5th, 1835, state that all the territory included in Jay County was constituted one road district, and William Bunch appointed supervisor. On the same day, Madison Town-


112


FIRST SCHOOLS.


ship was organized, an election appointed at Ben- jamin Goldsmith's, on the third Saturday in June, Abraham Lotz, Inspector. That was the second election. Another election was ordered to be held the second Saturday in October, 1835. At one of these elections James Graves was elected Justice, went to Winchester for his commission, and, on his way home, married William Cum- mings and Matilda Denney.


The year 1835 witnessed the opening of the first schools in Jay County. The "red man of the forest " was followed by daring old hunters like Jesse Gray, who found these woods against which the axe had never been raised, delightful fields for the pursuit of game. Their camp-fires suc- ceeded the wigwam, while soon the rude cabin came. Now, when the wild man was only an oe- casional visitor, and many hunters were tramping the forest, schools were opened, and the few children of the settlement taught to read and spell. In the summer of this year, two schools were taught. One in a cabin built by a Mr. Wringer, situated where Liber College now stands, and the other in a similar house, situated on what was afterward the farm of James Rhine, in Madison Township. The former was taught by Miss Sarah Tharp, later the wife of Mr. Thomas Ward, of Winchester; the latter by Mr. Edward Bell Wotten, who had recently settled there. These


113


THE FIRST MAIL.


pioneer teachers have long since gone to their final reward. The exact date cannot be given when either of the schools commenced, and it is unimportant-both these persons are equally de- serving the profound respect which the people of Jay will not cease to cherish for the memories of their first teachers. Soon log school houses dotted the county. Of the teachers officiating in them, some were wise and some were "otherwise." Now the neatly painted frame school house is taking the place of the dear old cabin with its mud-and-stick chimney, its clapboard and weight- pole roof, its knotty, unpeeled, sapling benches, wide fire-place and bush of wild roses clambering upon the gable ends. An embryo college now stands upon the very spot made sacred by such a cabin.


The first mail carried through this county was in 1829, by Mr. Ellis Kizer, from Winchester, by way of the Godfrey Trace, to Fort Wayne. The mail was not opened then in the county, but this pioneer herald picked his way on horseback along a barely discernible path, through three score and ten miles of wilderness. At the Godfrey village he could count several times as many Indian huts as there were white families along the entire route. He carried it until 1833, when Samuel Hawkins got the contract, and the route was changed so as to pass through the Hawkins settlement. On the


114


FIRST ENTRIES OF LAND.


11th of June, 1835, the first Post Office was estab- lished in Jay (then called Randolph) County, at the house of Daniel Farber, who was Postmaster. The office was then called Salimonie. It was a great convenience-persons receiving their mail there from all parts of this, and some from Adams County. The postage on letters was then from ten to twenty-five cents. Mrs. Nancy Farber per- formed most of the few duties connected with the office. Mr. John Conner carried the first mail by this office, and with the exception of four years, continued carrying it until 1862, since which time Mr. Jacob Conkel has been the carrier. In May, 1837, the office was removed to H. H. Cuppy's, who became the Postmaster, and the name was changed to Jay Court House.


The following shows by townships all the land entered in Jay County prior to 1836, in order of date, and name of the person making the entry, as taken from the record in the County Auditor's office :


RICHLAND.


James Green. July 21, 1834 .... 80 acres. Joel Wilson. .Sept. 23, 1834 .... 80


Benjamin Manor Sept. 23, 1834 .... 80 Baldwin Smith. Nov. 7, 1835. ... 80


Eli HI. Chalk Nov. 7,1835 .... 80


James Green Dec. 21, 1835. . .. 40


115


FIRST ENTRIES OF LAND.


KNOX.


No entries were made in this township until May 10th, 1836, when Daniel Tucker entered 240 acres.


PENN.


Moses Hamilton. June 10, 1834 .... 80 acres.


Samuel Grissell. June 10, 1834 ... 160


July 7, 1835. . -


Jonathan Hiatt. July 7,1835.


Samuel Crawford


.July


7,1835.


-


JEFFERSON.


George Meek. June 10, 1834. ... 80 acres.


Joseph Flesher .July 7, 1835. ... 80


James Haworth . Nov. 11, 1835. ... 220


John Steed. Dec. 12, 1835. ... 80


Daniel Ertte Dec. 12, 1835. . .. 160 «


GREEN.


No entries until April 19th, 1835, when William M. Ruth entered 40 acres.


JACKSON.


Samuel W. Fouts June 28, 1834. . .. - acres.


Michael Zimmerman Dec. 16, 1835. . .. 80


John Pingry. . Dec. 19, 1835. ... 40


James Marquis Dec. 26, 1835. ... 80


PIKE.


Thomas J. Shaylor April 20, 1833 .... 40 acres.


George Hardy Sept. 28, 1833. ... 40


John R. Mays. .Nov. 9, 1833. . ..


Samuel Hawkins. Nov. 16, 1833. ... 40


40


Isaac Aker. .Dec. 12, 1833 .... 209


William Clark. Sept. 14, 1835.


Charles Wilkerson. . Sept. 14, 1835. . .. -


George Bickel . Dec. 21, 1835. ... 80 «


Nancy Hawkins. Dec. 23, 1835. ... 40


Curtis Hardy


Dec. 29, 1835. . - Henry Welch Dec. - , 1835 -


«


11.6


FIRST ENTRIES OF LAND.


WAYNE.


James Morrison. Feb. 9, 1833. ... 40 acres.


Philip Brown. . Mar. 28, 1833. ... 40


Leander Morrison. . April 13, 1833. ... 40


Hawkins C. Fouts


Sept. 28, 1833. ... 40


Daniel Farber. Sept. 30, 1834. . .. 120


Henry H. Cuppy


July 3, 1835. ... 40


Tandy Highlander .Dec. 23, 1835. ... 40


BEAR CREEK.


Morton Jones June 10, 1834. ... 40


Isaac Huey ..


. June 10, 1834. 77


William Siberry


.Aug. 23, 1834 .... 80


John McKissick


Dec. 8, 1834. ... 80


MADISON.


Conaway Stone. .Feb. 22, 1833. ... 80 acres.


Benjamin Goldsmith Aug. 24, 1833. -


Ed. Bell Wotten. Jan. 16, 1834. . .. 160


William Cummings


Jan. 16, 1834. . .. 40


James Martindale. June 12, 1834. ... 80


John Eblin. June 24, 1834. . 40


"


William Money June 24, 1834. ... 40


Richard Clark. Sept. 14, 1835 .... 80


William Cummings Sept. 21, 1835. ... 40


William Isenhart . Oct. 23, 1835. . .. 40


Charles Sackman. . Dec. 21, 1835. . .. 40


Benjamin Goldsmith Dec. 21, 1835. .. -


NOBLE.


James Stone .... Nov. 9, 1832, and Oct. 5, 1833. ... 173 acres. Thomas Scott. . Nov. 10, 1832. . . 40


William E. Burris. Mar. 27, 1835. . .. 160


Conaway Stone . May :0, 1835. ... 106


Charles Wilkerson Sept. 14, 1835. ... 80


117


JOSEPH WILSON.


WABASH.


Orman Perring July 24, 1833. ... 66 acres.


F. Bowers and E. Putnam. . Oct. 4, 1833. . .. 3 6-10


William Gibson. . Aug. 19, 1835 .... 40 acres.


John B. Gillespie. ... Oct. 27, and Dec. 19, 1835. ... 82 4


Hamilton Gibson Nov. 2, 1835. ... 40


In April, 1836, Mr. Joseph Wilson, afterward County Auditor, selected land near Samuel Gris- sell, who accompanied him to Fort Wayne, to make the entry. They struck the Wabash at Adam Miller's, went down stream to Henry Mil- ler's, where Bluffton now stands, arriving after dark. Here they met John Conner, carrying the mail-an occurrence familiar to all northward travelers for twenty-five years afterward. The next morning, crossing the river in a canoe, and swimming their horses, they proceeded on their journey. Every where the streams were over- flowing, and several times the water ran over their horses' backs. At the St. Mary's river they left the horses, crossed in a canoe, and walked to the land office. Early in the July following Mr. Wilson brought his family from Champaign County, Ohio. From Joab Ward's they came via John Brooks', which place they endeavored to reach in one day. Failing in this they were com- pelled to camp out. They were greatly troubled by the myriads of blood-thirsty mosquitoes that swarmed around them. Having located wife and


6*


118


JOSEPH WILSON.


children upon the load, protected by the wagon cover, he spent most of the night lying upon a log not far distant, with three or four smoke-fires around liim, and bush in hand to fight off the biting, buzzing torments. The next evening they reached Moses Hamilton's, having been two days coming sixteen miles. Sometimes the road was too crooked for their long team, and had to be cut out. In about a week they moved into their own house, and began clearing away the woods around it, "to make it look a little like home,"-the first work of every pioneer family. For nearly two months during the following winter all the bread for the family of eight was made by pounding corn in a hominy mortar, sifting out the finest for bread, the next for "mush," while the coarsest was boiled for hominy-a convenient variety, which no mill of later invention can produce from one hopper.


CHAPTER XI.


ORGANIZATION OF THE COUNTY.


The land lying south of the boundary road, in Jay County, was ceded to the United States by the Indians in a Treaty made at Greenville, Ohio, August 3, 1795. The line began at the mouth of the Cuyahoga River, and, after various windings, reached Fort Recovery, and proceeded "south- westerly in a direct line to the Ohio River, so as to intercept it opposite the mouth of the Kentucky or Cuttawa River."


This treaty was signed, on the part of the United States, by Major General Anthony Wayne, and by the Indians, by the chiefs of the following tribes : Wyandots, Shawnees, Ottawas, Chippe- was, Pottawatomies, Miamis, Eel Rivers, Weas, Kickapoos, Piankeshaws and Kaskaskias.


The land lying north of this boundary line was ceded to the United States by the Indians in


120


ORGANIZATION OF THE COUNTY.


a Treaty made at St. Mary's, Ohio, October 6, 1818. It was between Jonathan Jennings, Lewis Cass and Benjamin Parke, Commissioners of the United States; and the Chiefs of the Miami na- tion of Indians, viz : Peshawa or Richardville, Osas, Ketauga or Charley, and others. In this Treaty many reservations were made by the In- dians, two of which were in Jay, as follows: "One reservation of two miles square on the Salimonie River, at the mouth of Atchepongqwa- we Creek," (now called Butternut, from the but- ternut trees growing along its banks). The other reserves "to Francois Godfrey six sections of land on the Salimonie River, at a place called Lapetite Prairie." The two mile reservation on Butternut Creek was ceded to the United States by the Miami tribe of Indians, in a Treaty made October 23, 1834, at the forks of the Wabash, below Huntington.


Colonel John Vawter, of Jennings County, was Chairman of a Committee in the House of Repre- sentatives, of the Legislature of 1835-6, that in- troduced a bill, which passed and was approved February 7th, 1835, entitled "an act laying out all the unorganized territory, to which the Indian title has been extinguished, in the State, into a suitable number of counties, and for other pur- poses," by which the counties of Jay, Adams, Wells, DeKalb, Steuben, Whitley, Kosciusko, Ful-


121


ORGANIZATION OF THE COUNTY.


ton, Marshall, Stark, Pulaski, Jasper, Newton and Porter were al laid out.


The following is section third of that act :


That all the territory included within the following boun- dary lines shall constitute and form a county, to be known by the name of Jay; beginning at the south- east corner of Adams County, thence west to the eastern boundary of Grant County, thence south to the northern boundary of Delaware, thence east with the northern boun- dary of said county, to the north-east corner of the same, thence south to the north-west corner of Randolph County, thence east with the northern boundary of said county, to the State line, thence north to the place of beginning.


This included the territory of Blackford County which was organized into an independent county in 1837.


The chief labor of laying out the territory into counties devolved upon Colonel Vawter, who was better acquainted with the country than any other member of the committee, yet, when the counties were named, he was not allowed the privilege of giving a name to even one of the fourteen counties organized by his bill. He always regretted this exceedingly, as he was very anxious to name one county ARMSTRONG, in honor of a brave old soldier of that name who spent his best days in the northern part of Indiana, and who finally fell a victim to Indian barbarity.


It cannot be ascertained who gave the name of JAY to this county. Some member of the Legis-


122


ORGANIZATION OF THE COUNTY.


lature gave the name in an amendment to the bill. The Randolph County commissioner's record calls it by this name as early as May, 1835.


JOHN JAY, in honor of whom the county was named, was the first Chief Justice of the United States Supreme Court. He was appointed Minis- ter to England, in 1794, when he resigned the office of Chief Justice. In 1800, while he was Governor of New York, he was re-appointed Chief Justice, but declined the appointment.


Another act was passed, approved January 30, 1836, by which the county was organized.


SECTION 1. Be it enacted by the General Assem- bly, &c .: That, from and after the first day of March next, the county of Jay shall enjoy all the rights and jurisdiction which, to separate and independ- ent counties, do or may properly belong.


SECS. 2d and 3d, appointed the commissioners to locate the county seat, made it the duty of the Sheriff of Randolph County to notify them, and that they should be paid from the treasury of Jay County.


SEC. 4th, provided that the first circuit and other courts should be held at the house of Henry H. Cuppy.


SEC. 5, made it the duty of the county agent to reserve ten per cent. of the money received from the sale of donated lots for the use of the County Library.


SEC. 6th, set forth the duties of the Board of County Commissioners, and the Sth placed the


123


LOCATING COUNTY SEAT.


county in the 8th Judicial Circuit and 5th Con- gressional District.


The following persons were appointed by the Legislature to locate the county seat : Judge Jer. Smith, Judge Zachariah Pucket, still living in Randolph County, Jacob Thornburg, of Henry County, who has been dead many years, Mr. Nathan Coleman, of Allen County, and Mr. Philip Moore, of Delaware County, who died about that time. With the exception of Mr. Moore, they all met at H. H. Cuppy's the first Monday in June, 1836, as required by the law. Camden, they said, though a pretty site, was too far from the center, (for they then anticipated that Blackford County would be stricken off.) The geographical center of the county, one and a quar- ter miles north-west of Portland, was too low. They then viewed the "Sugar-tree " grove, about one and a half miles south-west of Portland, and decided that was the most appropriate spot. But they were falsely told by a man who desired to enter that land himself, that the owner of it lived in Union County, Indiana, and would not sell the land on any terms. They then took eighty acres on the north side of the Salimonie, offered by Dan- iel Ried, of Richmond, through the agency of H. H. Cuppy, and ten acres adjoining, offered by James Hathaway. Ried reserved half the lots around the court house square, and one-third of all others.


124


PHYSICAL GEOGRAPHY.


Jay County is eighteen miles long (north and south), twenty-one miles wide across the north end, and twenty-two across the south end. The face of the country is generally level, although somewhat broken along the water courses. The surface soil is usually a dark loam, with a subsoil of clay, intermixed with limestone gravel. There is a section of country lying toward the north west part of the county, embracing about six square miles, which is in some of its features unlike oth- er portions. In this section, the surface soil is a sandy loam, lying upon a gravel subsoil. It is interspersed with many hillocks or knobs, which Benjamin Ninde called the Lost Mountains. This district is chiefly in Penn Township.


There is not much rock in the county. Enough "grayheads" generally are found to supply the de- mand for walling cellars and wells. In the vi- cinity of Antioch and three miles north of Port- land, this variety of rock prevails extensively. For two miles above and below New Corydon the Wabash river flows over a stratum of white lime- stone. A mile south of the river this quarry of stone crops out in the creeks and runs, but be- ing in the beds of the streams, can only be quar- ried in dry seasons. A lime-kiln has been in operation for several seasons on the south bank of the river, by Washington Walter, which turns out lime unsurpassed anywhere. Limestone is also


125


PHYSICAL GEOGRAPHY.


found on the Salimonie some two miles below Portland.


The country is very well watered by the numer- ous streams that take their rise within its limits. They have so little fall, however, they afford but very little water power. Springs abound along some of these streams. It was originally very heavily timbered with beech, hickory, oak, ash, walnut, sugar, maple, elm, linden, sycamore, &c. When the first settlers came, the woods were des- titute of an undergrowth. As the settlements be- came general, and fires were not allowed to run through the timber lands, a dense undergrowth sprung up.


The county abounds in wild fruits, consisting of plums, grapes, paw-paws, blackberries, gooseber- ries, and, in the neighborhood of the Loblolly, were huckleberries and cranberries.


A belt extends across the north part of Jackson Township from west to east, varying in width from eighty rods to a mile, called the Loblolly. It consists of brushy ponds, wet prairies and small lakes. Along its border is some of the richest land within the county. It is thought that near- ly the entire tract can be reclaimed and made very profitable for agricultural purposes. Con- siderable portions of it were conveyed by the United States to the State of Indiana several years since, and were by the State sold, the pro-


,


126


STATISTICS.


ceeds of which, after paying expenses, were to be applied in draining the lands so sold. With this fund some draining has been done; the amount of the fund, however, was insufficient to complete the work. The county is bounded on the north by the counties of Adams and Wells, on the east by Mercer and Darke counties, Ohio, on the south by Randolph County, and on the west by Delaware and Blackford counties.


The following table shows the number of acres and square miles in each Township.


Acres.


Square miles.


Richland.


.17,434 13 100


27


Knox.


.15,336 71-100


24


Penn.


19,174 91-100


30


Jefferson.


.22,753 66-100


36


Green.


,22,705 45-100


35


Jackson


22,986 83-100


36


Pike.


.22,257 79-100


35


Wayne.


23,650 39-100


37


Bear Creek.


.22,063 68-100


34


Madison ..


.18,692 92-100


29


Noble


19,901 : 4-100


31


Wabash


14,733 67-100


23


Total


241,692 08-100


377


The county was now (1836) organized. This fact, added to the reputation the county had gain- ed for richness of soil, heavy timber, abundance of game and cheap land, brought new settlers by hundreds during this and the several succeeding years. Entering land, building houses, clearing fields, and cutting out roads, occupied almost ex-


127


STATISTICS.


clusively the attention of the people. Prior to this time there had been, during four years, only sixty-four entries of land. The following shows the number of pieces of land entered in each township during this and the following year:


No entries in 1836.


No entries in 1837.


Richland


45


78


Knox.


64


51


Penn.


111


38


Jefferson


27


157


Green.


24


76


Jackson.


82


57


Pike.


32


116


Wayne ..


64


87


Bear Creek.


35


80


Madison.


28


74


Noble.


25


38


Wabash


26


36


Total


563


888


Total for 1836-'7.


1451


Large numbers also came in who did not enter land immediately. This sudden and numerous influx-all "early settlers "-precludes all possi- bility of our even mentioning their names in this work, much less recounting their experiences. And, indeed, it is unnecessary. Enough has been said of the earlier settlers to exhibit pioneer life in all its important aspects. To add more from the abundance that might be given, would be to tire the reader with the repeated narration of similar occurrences.


CHAPTER XII.


COURTS-OFFICERS-ATTORNEYS.


LET us now turn our attention to the necessary paraphernalia of organization-courts and officers. By appointment of Governor Noble, Christopher Hanna notified the people that there would be an election on the -- day of August, 1836, to elect county officers. That was the first county election. There were but three precincts : one at B. Gold- smith's, one at Daniel Farber's, and the third in Liek Creek Township, now Blackford County. The following persons were elected : Commission- ers, John Pingry, Abraham Lotz and Benjamin Goldsmith; Associate Judges, James Graves and Enoch Bowden ; Clerk, Christopher Hanna; Sher- iff, Henderson Graves. B. W. Hawkins was a candidate for clerk, against Hanna, and had the




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