USA > Indiana > Johnson County > History of Johnson County, Indiana > Part 2
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Nor can it be said that the history of the early French missionaries, La Salle and his Jesuit brethren, is interwoven with the story of our county. Their track lay far to the north and west. The first white inhabitant settling on the Wabash and Maumee rivers had no intercourse with the south, even after Daniel Boone opened up Kentucky to settlement. Their communication was by way of Detroit and the St. Lawrence.
The struggle between the English and the French for the control of the Mississippi, and the later contest between the United States and England, cul- minating in the brilliant campaign of George Rogers Clark around Vincennes and Kaskaskia, was fought on soil far to the west and south of us. Far re- moved from the principal waterways of the state, the comparatively level strip of land lying between the west fork of White river and Sugar creek was untrodden by the foot of white men when Indiana was admitted to the Union of states in 1816.
Covered with a heavy growth of oak, poplar, ash, maple, sycamore, beech, walnut, elm and hickory, with spice brush and grape vines and under- growth forming an almost impenetrable tangle, this wilderness was unknown even to the Indians except for occasional straggling bands of hunters or war
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parties bound from the villages on the upper Wabash to the Kentucky river country.
Evidences of Indian occupation of the county are rare. From the testi- mony of the first white settlers, and more from arrowheads and relics found near the deer licks, we come to the conclusion that hunting parties of the Miamis came to the Bluffs of White river, to the headwaters of Young's creek and to the site later chosen for the county seat. As will be seen in another connection, Judge Franklin Hardin was of the opinion that there was once a large Indian village on the west side of White river in the extreme northeast section of the county, and John Tipton, in his "Journal" of his first trip to locate a new state capital in 1820, repeats a tradition to the effect that French missionaries were stationed at that village many years before that time,- even so, Indian occupation played no part worthy of extended notice in the history of our county.
In 1818 the United States by treaty with the Delawares came into the possession of the White river country, and within three years all had been removed to their new homes beyond the Mississippi. Within the next three or four years bands of hunters from the tribes came into the country at sugar-making time and in the fall hunting season. The first white settlers, who had pushed northward into the newly ceded lands, came in contact with a few of these hunting parties, but no friction arose, and long before the thirties even the Indian hunters withdrew, never to return.
Two small streams in the county, both bearing the name of Indian creek, one in Hensley township, the other emptying into Young's creek sixty rods north of the Hopewell road and now prosaically called the Canary ditch, are the only geographical names on the map of our county recalling Indian habitation. This, in itself, is significant proof that the Indian was only a sojourner for brief visits to our hunting grounds.
Virginia claimed all of the Northwest territory as a part of her original domain under the charter granted to the London Company in 1600. Her claim was strengthened by the conquest of Vincennes in 1779, by Gen. George Rogers Clark, one of her soldiers. After the Revolution, Virginia ceded all of her lands north of the Ohio to the United States, and three years later the great charter of the states of Ohio, Indiana, Illinois, Michigan and Wis- consin, the Ordinance of 1787, was passed by the Congress of the United States. It provided for a governor, to be chosen by Congress for a term of three years, for a secretary and a common law court of three judges.
Major-Gen. Arthur St. Clair was appointed by Congress to be the first
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governor of the Northwest territory, and the seat of government was fixed at Marietta, Ohio, where the first court met in 1788. Two years later the court first met at Vincennes and in 1798 the first elections were held to select five members of a law-making council. The first General Assembly con- vened at Cincinnati in September, 1799. Meanwhile settlers were coming rapidly into the new country from Virginia, the Carolinas and the central Eastern states, generally by way of the Ohio river, and Congress was soon impelled to divide the great territory. On May 7, 1800, the President ap- proved the act of Congress dividing the territory, Ohio being set off apart and the remainder designated as Indiana territory.
Indiana territory, still under the law of the great charter, had as its first governor William Henry Harrison, appointed May 13, 1800. The seat of government was fixed at Vincennes, and here the first general court met on March 3, 1801. Until 1805, when the first Legislative Council was con- vened, the territory was under a code of laws "published" by the general court. For a year (1804-1805) Indiana territory not only included its former area, but was enlarged by the addition of all of the Louisiana territory north of latitude thirty-three.
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In 1805 the territory of Michigan was detached, and on the Ist day of May, 1809, the territory of Illinois was organized, leaving Indiana with its boundaries on its present lines. In 1811 the capital of Indiana territory was changed to Corydon, in Harrison county, and there, in 1813, the Legislature convened, with Thomas Posey as governor. Governor Posey was the second and last of the territorial governors, serving until the admission of Indiana into the Union as a state.
On the 19th day of April, 1816, an enabling act was passed by the Con- gress of the United States directing an election to be held in Indiana terri- tory to select delegates to a constitutional convention. Pursuant to that act delegates were elected on May 13th following, and the convention met at Corydon on June 10th. Forty-two delegates, with Jonathan Jennings as president and William Hendricks as secretary, drafted the first Constitution in less than three weeks, holding most of their sessions under the "Constitution- al Elm," a tree still standing in the old state house grounds.
The Constitution thus drafted met with the approval of Congress, and on December 11, 1816, Indiana became a sovereign state. As there had been thirteen original colonies in the formation of the Union, so, as it happened, there were thirteen counties in the new state. Knox, Posey, Gibson, Warrick, Perry, Washington, Harrison, Clark, Jefferson, Switzerland, Dearborn,
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Franklin and Wayne were the "thirteen original counties," nearly all bor- dering on the Ohio and lower Wabash. Of these counties the most populous, and hence entitled to the largest representation in the constitutional con- vention, were Knox, with a population of 8,068 centered about the old settle- ments at Vincennes; Clark, with a population of 7,150, Franklin, with a popu- lation of 7,370, and Harrison, with a population of 6,975, all centering about the great Falls of the Ohio. Here the adventurous homeseekers were com- pelled to abandon their flat boats and by the route of the Indian trails make their way to the north.
About the year 1807 Frederick Mouck, of Virginia, had come to a cabin on the Ohio. where Mouckport now stands, and established a ferry. This easy crossing of the river drew settlers by way of Corydon and Salem toward the White river country. One of our oldest highways, the Mauxferry road, variously spelled "Mauksferry" and "Mocksferry," was the avenue of travel for many of the early settlers from Kentucky. And by this and other roads leading from the river northward, immigrants pushed their way into the wilderness, and while Johnson county was organized by a legislature sitting at Corydon, within a year thereafter a new state capital was selected, and Indianapolis was agreed upon as the site, although the seat of government was not removed until 1825.
When Johnson county came into being Jonathan Jennings, the first gov- ernor of the state, was still in office, and the entire state had a population of 147,178. James Monroe was President of the United States, receiving five electoral votes from this state for his second term. James Noble and Waller Taylor were still serving as United States senators, and when Governor Jennings resigned to accept congressional honors, he was the first candidate to receive the suffrages of Johnson county for member of Congress in the election of 1824.
Partisan politics played little part in the election of local officers in John- son county until the later thirties. But in the national elections, beginning with Jackson's first term, party lines were closely drawn, and the majority of the early settlers of the county coming from the South, the county was then, as it has always remained, a supporter of the Democratic party.
In the first presidential elections, record of which is yet preserved, Jackson received 221 votes. Adams 118, not counting Blue River township, the returns for which are lost. In 1832 Jackson electors received 261 votes, Clay 120, the returns from Franklin township being lost. In 1836 Van Buren received 559 votes, Harrison 438, Union township not recorded. In
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1840 the same candidates received 998 and 631 votes, respectively, all town- ships reported. In 1844 Polk electors received 992 votes, Clay 581, while the Free Soil party had 15 votes (Nineveh township not included). Zachary Taylor received 675, the Democratic candidate 1, 114, and the Free Soilers 12, in the election of 1848. In 1852 Pierce received 1,333, Scott 896, Hale 20. In 1856 Buchanan got 1,608, Fremont (first Republican candidate) 1,095, while the Free Soil vote increased to 153.
When the great issue that divided the North and South was submitted to the voters of Johnson county, Douglas received 1,392 votes, Lincoln 1,303, Breckenridge 336 and Bell 60. Four years later Mcclellan received 1,713 votes, Lincoln 1,532. In 1872 the Greeley electors received 2,109, Grant 1,700. In 1876 Tilden received 2,363 votes, Hayes 1,860, Cooper 304. In 1880 Hancock received 2,461 votes, Garfield 2,020, Weaver 287. In 1884 Cleveland received 2,515, Blaine 2,020, Butler 179, St. John 17. In 1888 the Democrats polled 2,594 votes, Republicans 2,168, Prohibitionists 66, Un- ion Labor 162.
Since 1892 the vote for the head of the ticket at national elections has been as follows :
1892
1896
1900
1904
1908
1912
Democrat
2,606
3,083
3,088
2,882
3,219
2,890
Republican
2,082
2,288
2,345
2,574
2,519
924
Prohibition
157
29
157
300.
37
2II
Peoples
243
21
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In the last election Roosevelt, Progressive, received 1,408 votes, and Debs, Socialist, 49. Independent local tickets have not met with great favor. In 1890 a "Citizens" county ticket was placed before the people and received 1,963 votes. The Grangers and the Populists were never formidable, the latter party going over to the support of Bryan in 1896.
The Australian ballot law of 1889 was a much-needed reform. Thereto- fore, the voter prepared his ballot outside the polls and the "floater" was led to the voting window and the sale of his vote made certain. Since 1890 the voting is done in secret and with all proper restrictions thrown around the preparation of the ballots and the casting and counting of the same, there has never been occasion to repeat the cry of fraud made in 1864 and in 1870.
At the November election of 1908 voting machines were used for the first time. An Empire machine was used in the city of Franklin that year and proved so successful that, two years later, fourteen machines were pur- chased for use throughout the county at an expense of ten thousand five
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hundred dollars. They are found to be accurate and one election board can handle three times as many votes as when the ballots were stamped with a stencil or marked with a pencil. A regular election, using the voting ma- chines, costs the county a little less than one thousand five hundred dollars, about five hundred dollars less than under the old method of voting.
Many other changes in the fundamental and statute law of the state have followed the changes in the political, social and moral conditions of our society. Among these changes are, first, a tendency toward uniformity of laws. Under the first Constitution, special laws conferring special privileges or making special requirements in certain counties filled the pages of the acts of the Legislature. Under such laws the county felt as free as the indi- . vidual to follow its own devices. In 1850 the state Legislature found it nec- essary to reprimand our county by enacting "that the board of commissioners of Johnson county shall not be at liberty to dispense with a road tax on real and personal property, but the same shall be annually levied under the pro- visions of the act to which this is an amendment."
Some of these special laws were so unusual as to provoke ridicule. For example, the Legislature of 1850 passed the following bill :
"Be it enacted by the General Assembly of the State of Indiana, that all laws or parts of laws now in force requiring a person first to obtain a license to vend ardent spirits in less quantity than a quart at a time and make the same punishable by indictment or fine, in case the same is sold without a license, be and the same are hereby repealed; provided, however that nothing in this act shall be so construed as to effect any indictment now pending in the Hancock circuit court, except the indictment pending in said court against William A. Franklin, an unfortunate man who was shot so as to render him unable to support himself by labor, and as to such indictments as are now against him this act and the benefits thereof shall be extended." (Acts 1850, page 218.)
All the liquor tax laws of a great state repealed to help one poor "boot- legger" out of trouble !
The new Constitution of 1851 required all laws to be general and of uniform application throughout the state. The supreme court has construed this clause to mean that it is only necessary that laws shall operate in all parts of the state in a similar manner "under the same circumstances and condi- tions," a construction which may be used to defeat the plain intention of the Constitution. Fortunately, however, in recent years, the General Assembly have rightly interpreted this salutary provision, and a sincere effort has been made to pass laws which are general and uniform. This has led to the
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codification of our municipal laws, the highway laws and of the criminal code in 1905; the uniform school text-book law of 1889; and to the fee and salary laws of 1895.
In the second place the state, in response to public opinion, has passed many laws to improve the conditions of the laboring classes. Regulations are now in force as to the employment of women and children in factories; to the safeguarding of the operatives in mines and manufactories; to the con- struction of tenement houses; and a commission is now at work under the act of 1913 investigating the subject of workingmen's compensation for personal injuries.
The Public Utilities law of 1913 marks a new era in this state, giving to the state the right of fixing service charges for all public utilities. What the railroad commission of Indiana, created under the act of 1905, was authorized to do in the regulation of rates and prescribing conditions of service to the public, by the railroads, the public service commission is au- thorized by the act of 1913 to do and prescribe as to all corporations furnish- ing public utilities. Every railroad, street railroad, interurban railroad, every plant for the conveyance of telegraph and telephone messages or for the pro- duction, transmission, delivery or furnishing of heat, light, water or power service, or for the furnishing of elevator or warehouse service to the public is under the supervision and control of this commission. In general, the work of the commission is to secure to the people of the state adequate service and facilities at reasonable rates and under fair regulations.
Again, in the path of political reform, the state has in recent years taken advanced steps. Under the Corrupt Practices act of 1911 candidates for pub- lic office are required to publish a sworn statement of all moneys con- tributed or expended to aid and promote their nomination or election, and are prohibited from expenditure of money to such end except through a treasurer or political agent of a political organization. Political organizations may not expend money except for "certain legitimate expenses" defined by statute. Corporations are prohibited from making contributions to any party or can- didate.
The act of March 4, 1911, providing for the registration of voters at all general elections, is another salutary measure intended to purify the ballot. This legislation is not new to the state, for as early as 1867 the General As- sembly passed an act providing for the registry of voters, and under that statute a board of registry in each township, consisting of one Democrat, one Republican and the township trustee, was appointed at the June term, 1867, of the board of commissioners' court in this county.
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Many other measures have been placed on the statute books in recent years to secure honest weights and measures, and providing for state inspec- tion of foods and drugs. All packing houses, canneries, dairies, hotels, res- taurants, groceries and all other stores and factories, where articles of food are manufactured, stored or exposed for sale, are subject to a rigid inspection by state authorities.
The temperance sentiment of the state began to show a rising tide again about the year 1890. In November, 1834, on the petition of a majority of the freeholders resident in the town of Edinburg, it was "ordered that there be no more grocery licenses granted to residents of said town." As early as 1848 Johnson county had voted on the question of license or no license to the retail saloon. In that year Franklin, Pleasant and Blue River voted "dry," other townships voted "wet." In 1852 Franklin, Nineveh, Blue River and Pleasant voted against license, Union voting for license. In the next year Franklin, Blue River, Clark and Pleasant voted "dry," while Nineveh, Hens- ley, Union and White River voted "wet."
In the year 1895 the General Assembly passed the Nicholson law, by means of which a majority of the legal voters of any township or city ward, by signing a remonstrance, could prevent the issuance of a license to sell liquors. At the December term, 1895, the voters of the first ward of the city of Franklin successfully resisted the application of William Anstis. At the December term, 1896, of the commissioners' court, remonstrances were suc- cessfully made in all three wards of the city of Franklin, but their sufficiency was overruled at the March term, 1897, and licenses were granted.
The fight was successfully renewed against saloons in the first ward of the city in February, 1902. At the August term, 1903, remonstrances in the city of Franklin were overruled, but on appeal and a change of venue to Bartholomew county the remonstrances were upheld. Again, at the June term, 1904, remonstrances in the first ward were sustained.
Under the County Local Option law of 1908 an election was held in Johnson county on April 25, 1910, the vote being: No license, 3,477; for li- cense, 1,344. Under the Township Local Option law of 1911 but one election has been held in the county. In Blue River township an election was held on March 26. 1912, which resulted in a victory for the "wets" on the face of the returns. The "drys" instituted contest proceedings before the board of commissioners and it being found that in the tenth precinct more votes were counted from the ballot box than there were voters registered on the poll books, the vote of the entire precinct was rejected, and the board found that there were legally cast "against license" 152 votes, "for license" 118
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votes. After a spirited fight on appeal, after change of venue, Judge Remster, of Indianapolis, upheld the finding of the board of commissioners and pro- hibited the sale of liquors in that township for two years succeeding the date of the election.
The city of Franklin remains "dry" as the result of successful remon- strances under the Moore law, an amendment to the Nicholson law, filed with the county auditor on February 5, 1912. The county has not a saloon within its borders, and, what is of equal importance, the officers of the law have suc- cessfully fought the maintenance of "blind tigers" and "dry beer joints." Public sentiment in the county has sustained the action of our representatives in helping place temperance laws upon the books, and has been active in the aid of the officers of the law charged with the duty of their enforcement.
The most hopeful feature of recent legislation is that the state no longer relies upon punishment of a broken law as the best means of effecting political, social and moral reforms, but has followed a constructive policy which lends encouragement and uplift to the most enlightened and progressive citizenship.
Indiana ranks only thirty-fifth, territorially, but has advanced to the ninth place in population. According to the census of 1910, the state ranks fifth in the production of corn, only Illinois, Iowa, Missouri and Nebraska outranking her ; in the production of wheat, Indiana stands fourth, being led by Minne- . sota, Kansas and South Dakota; in the production of oats, our state ranks fifth, with Iowa, Illinois, Nebraska and Ohio leading. When it is remembered that Illinois and Iowa are fifty per cent. larger in area, Missouri almost twice as large, and Kansas, Nebraska and Minnesota are each more than twice the size of our state, the record of the Indiana farmer is a proud one.
Indiana now has 7,420 miles of railroads, ranking thirteenth in this respect. There are nearly a half million telephones in Indiana, and more than 60,000 miles of telegraph lines. Its electric railway lines, radiating in every direction, make Indianapolis the greatest interurban railroad center in the world. The term "Hoosier" is no longer a reproach. It is a far cry from the days when Jacob Hozier and his brother, Abram Hozier,* brought their wolf scalps from the borders of "The Great Gulf" to claim the bounty due them at the county seat.
To attempt to show what part Johnson county and her citizens have played in this onward march and to help to trace the road by which they have come is the excuse for this county history.
*Note .- Jacob P. Dunn has suggested that the nickname "Hoosier" may have been derived from the family name "Hosier" or "Hozier."
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CHAPTER II.
ORGANIZATION OF COUNTY AND ITS GEOGRAPHY AND TOPOGRAPHY.
When Indiana was admitted into the Union in 1816, the white settlers occupied only a small section of the southern part of the state. The boundary line separating their territory from the Indian lands ran from a point on the Wabash river nearly due west of Rockville in Parke county, in a south- easterly direction to a point on White river about half way between Seymour and Brownstown, then northeast to the southeast corner of Decatur county, then east of north to Fort Recovery, in Mercer county, Ohio. If another line be drawn from the place of beginning to Fort Recovery, the triangle thus formed would embrace the tract of land then claimed by the Delaware tribe.
On the 3rd day of October, 1818, a treaty was concluded with the Dela- wares at the St. Mary's Falls in Ohio, by Jonathan Jennings, then governor of Indiana, General Cass and Benjamin Parke, acting under appointment of President Monroe, and the Delaware lands were ceded to the United States. The new territory acquired the name of the "New Purchase," a name fre- quently used in the early records to identify land descriptions. The Indians were granted the right to occupy their lands for three years, but in 1820 large numbers of them left for the Arkansas country and in the following year all were removed. The New Purchase became the mecca of home-seekers from the East and South, and the Indians had scarcely signed the convention until the white settler invaded his domain.
Into that part of the New Purchase later formed into Johnson county, three trails or traces became the highways of travel into our county. The first one marked and traveled by white men was that known as "Whetzel's Trace," laid out by Jacob Whetzel in 1818. It crossed Sugar creek near "The Red Mill" about one mile north of Boggstown, and ran west almost upon the present line of the Worthsville road to the bluffs at White river. The story of its making, told by Judge Banta in his "Historical Sketch of Johnson County" (1881), is worth preserving in this form.
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