History of Vanderburgh County, Indiana, from the earliest times to the present, with biographical sketches, reminiscences, etc., Part 5

Author:
Publication date: 1889
Publisher: [Madison, Wis.] : Brant & Fuller
Number of Pages: 714

USA > Indiana > Vanderburgh County > History of Vanderburgh County, Indiana, from the earliest times to the present, with biographical sketches, reminiscences, etc. > Part 5

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From this place he started alone and afoot along a path some twelve miles in length, to the house of an old acquaintance, Mr. Martin Vernado, with whom he had been often forted at Vienna, when but a child.

Next morning the kindness of Mr. Ver- nado and one of his sons impelled them to accompany Isaac, in a canoe, down Green river, to his father's house.

After Isaac's arrival at home, he learned that his fellow prisoners, George Sprinkle and John Upp, had returned some three months before him.

CHAPTER III.

COUNTY ORGANIZATION -EARLY JURISDICTION OF OTHER COUNTIES-THE INFLUENCE OF HUGH McGARY-RIVALRY OF RATLIFF BOON-A CONFERENCE OF THE POWERS AT DARLINGTON -THE RESULT-CREATION OF VANDERBURGH COUNTY -- JUDGE HENRY VANDERBURGH - LOCATION OF THE COUNTY SEAT AT EVANSVILLE- EARLY AND LATER METHODS OF DOING COUNTY BUSINESS-COUNTY OFFICERS AND THEIR DUTIES-COURT HOUSES-JAILS-FINANCES -CREATION OF CIVIL TOWNSHIPS -ELECTIONS -CARE OF THE POOR -AVENUES OF TRAVEL-RAIL- ROADS - AGRICULTURAL SOCIETIES, ETC.

HE vast territory lying northwest of the Ohio river, reaching from the state of Pennsylvania on the east to the Mis- sissippi river on the west, and northward to the British Possessions, was ceded to the United States by the state of Virginia in 1784. Its division into not less than three or more than five states, when the growth and development of the country should justi- fy their organization and admission into the Union, was provided for in the celebrated ordinance of 1787. As soon as civil author- ity was established, in the following year, for the purposes of good government and the proper administration of justice, the ne- cessity of subdividing the territory and forming counties became manifest. At first they were of great extent and thus rendered the efficient action of the courts impossible. As to a harbor of refuge came criminals of all classes to the new territory. Virtuous and law abiding people were deterred from immigration by the enforced association with outlaws. Citizens whose attendance on the courts as witnesses or jurors was necessary were sometimes compelled to travel unreasonably long distances through dangerous localities. These inconveniences and hardships continued for several years.

Through the agency of Gen. Wm. H. Harrison, as a delegate in congress, the territory of Indiana was established, in 1800, with St. Vincennes as the seat of govern- ment. At that time the county of Knox embraced within its limits the greater por- tion of the present state of Indiana and a considerable part of Illinois. The hostility of the Indians and some erroneous ideas as to the nature of the country made immigra- tion at first slow. Afterward, with its in- crease, new counties were of necessity rapidly organized.

The territorial legislature, on March 9th, 1813, near the close of the session, author- ized the organization of Gibson and War- rick counties, as follows:

An Act for the formation of two new counties out of the county of Knox. Section I. Be it enacted by the legislative council and house of representatives, and it is hereby enac- ted by the authority of the same, that from and after the passage hereof, all that part of Knox county which is included in the follow- ing boundaries shall form and constitute two new counties that is to say: beginning at the mouth of the Wabash; thence up the same with the meanders thereof to the north of White river; thence up White river with

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COUNTY ORGANIZATION.

of the next year, at the house of John Mc-

the meanders thereof to the forks of White river; thence up the east fork of White Junkin and immediately after fixing the seat river to where the line between sections No. 20 and 29, in township No. I, north of range No. 4 west, strikes the same: thence with said line to the line of Harrison county; thence with said line dividing the counties of Knox and Harrison to the Ohio river;

of justice in Gibson county to repair to the mill of Jonathan Anthony, in Warwick county and proceed to fix the seat of justice in Warwick county. At the time appointed for the meeting of these gentlemen none appeared except Wm. Prince. To fill the thence down the Ohio river to the begin- vacancies thus occasioned, Daniel Putnam, ning.

Alexander Devin, John Milburn and Wm. Hargrove were appointed by the court of common pleas through authority conferred in the act first appointing the commissioners. The deliberations of this commission

Section 2. Be it further enacted, That the tract of country included within the aforesaid boundaries be, and the same is hereby divided into two separate and dis- tinct counties by a line beginning on the resulted in the choice of the present site of Wabash river, and known and designated the city of Evansville. by the name of Rector's base line, and with Some years previous to these transactions Hugh McGary, a Kentuckian and a sturdy pioneer, had emigratedfrom his native state said line east until it intersects the line of Harrison county, and that from and after the first day of April, one thousand, eight to the new territory and settled in what hundred and thirteen, the tract of country falling within the southern division thereof shall be known and designated by the name and style of the county of Warrick. And the northern division thereof shall be known and designated by the name and style of the county of Gibson.

is now Gibson county. In IS12 he pur- chased from the government the land on which the city of Evansville now stands, and leaving his inland cabin pushed his way to the bank of the river and there established his home. Though preceded by a few other pioneers he was the first per- manent settler on the present site of Evans- ville; and to his sagacity and determination were due the founding and fostering of the town, and later, the organization of the county of Vanderburgh. An attempt to de- pict the characteristics and disposition of this man, and to recount the motives which urged him to action, and the obstacles which

As an incident to the foundation of new counties, the territorial laws provided means for the location of seats of justice. Com- missioners who were not land owners in the county or otherwise directly interested were appointed by the legislature and, at a pre- viously designated time and place, assem- bled to accept offers as inducements favoring the choice of different localities and arose in his path, is made in another chapter. to make the selection December 14th, 1813, When the county of Warrick was organ- ized no place in its extensive territory reach- ing along the river for more than fifty miles was particularly convenient to all of its in- habitants. McGary's place was not central, but when the commissioners appointed to make the selection were assembled at the by legislative enactment. John Ochiltree, Abel Westfall, Wm. Polk, Robert Elliot and Wm. Prince, all of Knox county, were appointed commissioners for the purpose of fixing seats of justice in the counties of Warrick and Gibson. They were directed to convene on the first Monday in February i old Anthony mill, he presented the claims of

RIVALRY OF RATLIFF BOON.

his location in the best light possible. It was not the first choice, but was finally selected. At the direction of the court of the new coun- ty, the town was laid out, and officially desig- nated as Evansville, in honor of General Robert M. Evans, a distinguished soldier and citizen of Gibson county. McGary had given 100 acres of land to the new county to induce the selection of his town as the coun- ty seat. The town, consisting of less than half a dozen small log cabins, rudely con- structed and located to suit the convenience of the settlers, with little regard to the ar- rangement of streets, attracted the attention of the adventurous spirits who were then be- ginning to come into the new territory, and in a very short time not less than twenty- three men were owners of lots in the town, though only a small part of them were resi- dents of the place. McGary became very enthusiastic over his prospects and confident- ly felt that his town was destined to be a metropolis at no very distant day. His hopes, however, rested on a weak foundation.

By the formation of Posey county in the southwest corner of the territory the boundaries of Warrick county were so al- tered as to place Evansville at one ex- tremity of its river border, and before the town was three months old, the legislature enacted, September Ist, 1814, that the seat of justice for the county should be moved to a place subsequently called Darlington, and situated some four miles above the present site of the neighboring town of Newburgh, and about one mile from the river. It was provided that the land conveyed by Col. McGary to the county should be re-conveyed to him, and every provision was made for an abandonment of the place. For a time the prospect of building up a town seemed without any support, but instead of yielding, Col. McGary clung tenaciously to his hope, and set about to devise some means of put- | twice elected lieutenant-governor of the

ting new circumstances about the place, and new life in it. For two years, however, it continued to decline. At length the forma- tion of a new county, with his town as the central point, was the idea which suggested itself as a means of relief. In those days it mattered little what natural advantages a town possessed or what resources lay about it undeveloped, all its hope for prosperity was based upon its being the seat of justice for some county. The founder of the village set about with great zeal and industry to supply this desideratum. As the first step he enlisted the active interests of Gen. Robert M. Evans and James W. Jones, both of Gibson county, by conveying to them on June 20, 1817, for $1,300, 130 acres of land, being all that part of fractional section No. 30 which lies above the center of Main street in Evansville, except thirty acres previously conveyed to Carter Beaman. On the 17th of July following these three gentlemen, Evans, Jones and McGary, prepared a plan for a town, ignoring that previously laid out. What they platted appears on the maps of the present time as the " original plan " and is bounded by Water and Third, and Chest- nut and Division streets. The combined exertions of these three men were now set forth to accomplish the end already adverted to. The greatest obstacle to their success was the opposing influence of Col. Ratliff Boon, a man of more than ordinary ability, a courageous patriot and pioneer leader whose influence was not confined by the limits of his own county. He was a native of Georgia, but at an early age moved with his parents to Kentucky, and came to Indi- ana territory about 1809, settling in War- rick county, and from that time forward, until he left the state, was identified with all public enterprises. He was the first representative of Warrick county, was

COUNTY ORGANIZATION.

state and, when Gov. Wm. Hendricks was elected to the U. S. senate, he filled the un- expired term as governor. Personally interested in the town of Darlington, he did not look with favor on any plan which seemed likely to affect its prosperity.

Enthusiastic and deeply in earnest in the contemplation of his favorite theme, Col. McGary did not allow his courage to weaken, and his complaints of Col. Boon were full of bitterness. His address was not dis- pleasing, and his conversations on the subject of the ultimate greatness of his embryonic city, sparkling as they did with genuine ardor, were deeply interesting.

About this time Gen. Joseph Lane, after- ward of national repute, known as a wise and upright representative in the state legis- latures, a hero of the Mexican war, a mem- ber of congress, and governor of Oregon, then a young man, figured in the drama be- ginning to be acted by becoming the means of bringing the weightier men together. Young Lane was engaged with others in rafting logs near Darlington, and floating them to Red Banks, where J. J. Audubon, later the foremost of American ornithologists, had erected, somewhat in advance of the times, a steam saw-mill which afterward failed. When rowing back to his home he stopped on the banks of the river near McGary's house to spend the night, and then fell a victim to the enthusiastic and pleasing manner of the sanguine Colonel, walking with him over the site of the hoped-for city, then wild with forest trees and under- brush, hearing without resentment the bit- ter speeches of his companion against Col. Boon, whom Lane admired and counted among his best friends. Lane was soon afterward employed in the clerk's office in Warrick county, and there suggested to Col. Boon the opportunity in his power of making valuable friends by assisting in the

formation of a new county and yet leaving Warrick county large enough to serve his own purposes. Whether or not this sug- gestion brought the chief actors together, it is true that during the next session of the circuit court at Darlington, an informal con- versation was held in the clerk's office, which led finally to the consummation of McGary's hopes.

Judge Daniel Grass, a witty and able man, was at the time the senator from Warrick, Perry and Posey counties in the state legis- lature. In 1807 he had entered the land on which the town of Rockport now stands and, emigrating from Bardstown, Ky., subse- quently became the possessor of much land within the present borders of Spencer county. He was a justice of the peace in 1813, and served for three years from 1814 on the bench, as an associate judge with Hugh McGary as his colleague. He was chosen to represent Warrick county at the constitu- tional convention held at Corydon in 1816, and later was conspicuously identified with the public affairs of Spencer county. Judge Grass and Col. Boon had already become riv- als and competitors in the struggles for polit- ical honors. The pecuniary interests of the former were centered in the eastern part of the county, and the political prospects of each of the rivals could be made brighter by a division of the field of labor. This Spencer county man was too important a personage to be left out of the conference; there were present Col. Boon, Gen. Evans, Judge Grass, Col. McGary and Lane. The proposed plan was discussed at length. It , was claimed, and with good reason, that the territory was too extensive for the jurisdic- tion of one court, and for good government, though at the time settlers were exceedingly scarce; and further, that the organization of new counties must follow at no distant day ; the time seemed ripe for its accomplishment

CREATION OF VANDERBURGH COUNTY.

the private interests of all concerned might be enhanced without detriment to the public; if the opportunity were allowed to pass it might never return. The force of these arguments was conceded, the only objection being that Darlington would receive a fatal blow by such legislation, because the re- location of the seat of justice would neces- sarily follow. At length a plan satisfactory to all was agreed upon. It provided for the organization of two new counties with boun- daries so fixed that Evansville and Rock- port, then called Hanging Rock and not yet the site of a town, would be the most favor- able points for the seats of justice. Darling- ton was to be left to continue its struggle for existence as best it could deprived of all pub- lic support. Col. Boon was relieved of his political rival, and his name was to be per- petuated in the christening of the new county seat of Warrick county. Apparently, sordid motives underlay this entire transaction, which "he who runs may read." In shaping these deliberations and leading to a conclu- sion, personal interest was doubtless a con- trolling factor. But be it said to the credit of the actors that private gain was not made at public expense, for great permanent good to the communities affected was the result. The programme was made a year or more prior to its consummation by legislative en- actment, and, indeed, in all probability, long before Gen. Evans and Mr. Jones became to any great extent pecuniarily interested in the town of Evansville. Thus Vanderburgh county, as an organic unit, owes its existence more to the unyielding perseverance and un- tiring zeal of Hugh McGary in his efforts to maintain the village of Evansville than to any other single agency.

Warrick county had been named in honor of Capt. Jacob Warrick, a pioneer hero, who received a mortal wound on the field of Tippecanoe while bravely leading his com-

mand. Spencer county was now named in honor of Capt. Spear Spencer, an able pat- riot, also killed at Tippecanoe. The act authorizing its formation was passed at the same time as that providing for the forma- tion of Vanderburgh county and was ap- proved three days later, January 10, 1818.

It mattered little to McGary what name was given to the new county. If any was suggested or agreed upon in the conference which determined the question of its forma- tion it was abandoned for reasons of policy. Judge Henry Vanderburgh was worthy the honor conferred upon his memory, but he was in no way identified with the formation or development of the county. He had no interests in lands in this locality and no claim of a local nature upon the people here. He was born in Troy, N. Y., in 1760, and at the early age of sixteen was appointed a lieu- tenant in the Fifth New York Regiment Con- tinental troops, to rank as such from the 21st day of November, 1776. His commission was signed by John Jay, afterward chief justice of the United States, and then president of the Continental congress, sitting at Phila- delphia. He was re-appointed by John Hancock, and, subsequently being commis- sioned captain in the Second regiment, served with honor to himself and credit to his country until the close of the war in 1783. The exact time of his coming to the then Northwest territory is not known, but prob- ably it was in 1788, for in February, 1790, he was married in Vincennes to Frances Cornoyer, the daughter of Pierre Cornoyer, one of the most respected of the ancient inhabitants of Port Vincennes, then largely engaged in the Indian trade. In 1791 he was appointed by Gen. Arthur St. Clair, then commander in chief and governor of the Northwest territory, justice of the peace and judge of probate for Knox county. The first legislature which the people of the

COUNTY ORGANIZATION.

Northwest territory had any part in elect- ing met at Cincinnati in 1799. From the nominations made by the representatives, Judge Vanderburgh was selected by Gov. St. Clair as one of the five who constituted the legislative council, and by his colleagues in the council he was chosen as their presi- dent. Upon the organization of Indiana territory suitable recognition was given his ability as a lawyer in his selection as one of the territorial judges, which honorable po- sition he filled with credit to himself and the territory until his death in 1812. Interested in the educational affairs of the territory, he became in 1807 a member of the first board of trustees of the Vincennes Uni- versity. As a scholar and a soldier he was eminent. He sustained the reputation of an upright and humane judge, and his death, which occurred April 12, 1812, was gener- ally regretted. He was buried with im- posing Masonic honors on a farm east of Vincennes.

Judge Vanderburgh was the kinsman of Gen. John Tipton, of Harrison county, one of the most influential men then in the leg- islature. Tipton gained distinction in the campaigns of Gen. Harrison, and being a man of rare ability, made his influence felt in the formation and naming of many of the counties in the state. He admired Judge Vanderburgh and revered his memory. How natural to wish to perpetuate his name in honor, and how easy to attain the wish by favoring the plan which was submitted for the approval of the legislature. The final act which sealed these negotiations, making a new county and naming it Vanderburgh, was the passage of a bill which is here in- serted in full:

AN ACT for the formation of a new county out of the present counties of Warrick, Gibson and Posey, and for the removal of

the seat of justice of Warrick county and for other purposes.

Approved January 7, 18I8.

SECTION I. Be it enacted by the general assembly of the state of Indiana, that from and after the first day of February next, all that tract or parcel of country which is included within the boundaries following, shall constitute and form a new county to be known and designated by the name and style of the county of Vanderburgh, viz .: Begin- ning on the Ohio river where the range line dividing Ranges 11 and 12 west strike the same, thence north with said range line to the center of Township 4 south of Bucking- ham's base line, thence east through the center of Township 4 south, to the range line dividing Ranges 9 and 10 west, thence south with said range line to a line dividing Townships 5 and 6 south, thence east to the first section line in Range 9, thence south with said section line to the Ohio river, thence down the Ohio river with the mean- ders thereof to the place of beginning.

SECTION 2. The said new county, hereby formed and established, shall enjoy and ex- ercise all the rights, privileges and jurisdic- tions, which to a separate county do or may properly appertain or belong.

SECTION 3. John Stevenson, of Perry county, Arthur Harbison, of Pike county, William Hargrave, of Gibson county, John Allen, of Daviess county, Archibald Scott, of Knox county, be and they are hereby ap- pointed commissioners to fix the seat of jus- tice in the said county of Vanderburgh, who shall meet at the house of Samuel Scott, in said county of Vanderburgh, on the second Monday in March next, and proceed to fix the seat of justice for the said county of Vanderburgh, agreeably to the provisions of an act for the fixing the seats of justice in all new counties hereafter to be laid off.

LOCATION OF THE COUNTY SEAT.

SECTION 4. Until a court house shall be erected for the accommodation of the court in the said new county, the courts of the said county of Vanderburgh shall be held at the house of Hugh McGary, in the town of Evansville, in said county, or at such other place as the court may from time to time ad- journ to.

SECTION 5. That the board of commis -! sioners authorized to transact county busi- ness in and for the county of Vanderburgh, shall, as soon as convenient after the seat of justice is fixed, cause the necessary public buildings for said county to be erected thereon.

SECTION 6. The courts shall be ad- journed thereto as soon as the court house is, in the opinion of the circuit court of said new county, sufficiently completed for the accommodation of the courts.

SECTION 7. Whenever the seat of justice within the county of Vanderburgh shall have been established, the person authorized to dispose of the public lots, belonging to said town, shall reserve ten per centum on the net proceeds of the whole sale, for the use of a county library in said county, which sum or sums of money shall be paid over to such person or persons as shall be author- ized to receive the same, in such manner and in such installments as shall be author- ized by law.

The balance of the act relates to the changing of the seat of justice of Warrick county from Darlington, where it then was, to some other place to be selected by com- missioners appointed for that purpose. There is nothing further of interest in it per- taining to Vanderburgh county.

producing a certificate of election with the oath of office duly endorsed thereon, organ- ized themselves properly and proceeded to business. No definite action resulted from their first day's deliberations. The most important business to be transacted was the fixing of the county seat, and there was some uneasiness over the non-arrival of some of the commissioners. On the follow- ing day, they divided the county into two townships as elsewhere described. Pigeon township, of Warrick county, had pre- viously embraced nearly all of the new county. Elections for the selection of jus- tices of the peace were directed to be held in both of the townships; the time and places of holding the same were definitely fixed. Hugh McGary's warehouse was de- clared a public warehouse and inspectors for it were appointed, overseers of the poor, su- perintendents of school sections and an as- sessor were appointed. Matthias Whet- stone, Patrick Calvert and James Patton were appointed to view a proposed public highway. Some of the commissioners ap- pointed by the legislature to fix the per- manent seat of justice having failed to appear the vacancies thus caused were filled by appointment. Arthur Harbison, John Stephens and John Allen were they who neglected to appear. Thomas E. Cassel- berry, Wilson Bullett and Elias Barker were appointed in their stead. These three, to- gether with William Hargrove and Archi- bald Scott, previously designated by the legislature, came before the board of county commissioners on the next day, March 1 1th, and submitted their report, which being a venerable and interesting document is pre- sented in full in connection with the early history of the city of Evansville as elsewhere recorded.

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History of Vanderburgh County, Indiana, from the earliest times to the present, with biographical sketches, reminiscences, etc., Part 5

Author: Publication date: 1889 Publisher: [Madison, Wis.] : Brant & Fuller Number of Pages: 714

Author:
Publication date: 1889
Publisher: [Madison, Wis.] : Brant & Fuller
Number of Pages: 714