Hamilton County IN Archives History - Books .....Chapter VI - Organization Of The County 1901 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/in/infiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com April 16, 2006, 5:10 pm Book Title: A History Pf The Formation, Settlement And Development Of Hamilton County, Indiana CHAPTER VI. Organization of the County. When a sufficient number of settlers had settled and located within the present bounds of Hamilton County to entitle them to become a separate organization under the law, they made application through the proper channel, the Legislature, for a charter authorizing them to become a separate and independent jurisdiction. This step was taken in the summer and fall of 1822. The application was presented to the Legislature of 1822-3, and on January 8, 1823, pursuant to the petition, an act was passed. The first section provides that from and after the first Monday in April, 1823, all that part of Marion County and north thereof contained in the following bounds shall constitute and form a separate county, viz: Beginning on the range line dividing ranges 2 and 3, east of the second principal meridian at the southwest corner of section 7, in township 17 and range 3, thence running on said range line to the township line dividing townships 20 and 21, thence east on the said township line to the northeast corner of section 5, in township 20 and range 6, thence south on the section line to the southeast corner of section 8, in township 17 and range 6, and thence west on the section line to the place of beginning. In the act the county is named Hamilton. Commissioners were appointed by the Legislature to carry this act into effect by laying out said county. In order to set the machinery in motion, William P. Warrick was appointed sheriff for the said new county by Governor Hendricks. It was Warrick's duty to give notice of the holding of an election for the purpose of electing county commissioners, county officers and associate judges. This act became a law on the 7th day of April, 1823, and the first board of commissioners convened on the 12th day of May, 1823. I have frequently been asked when and how this county was laid out and when organized into a separate jurisdiction. For the benefit of the readers and in answer to the questions, I have written these notes concerning the same: Hamilton County was located and divided into two townships. One was named White River Township, and the other Delaware. Governor Hendricks appointed John D. Stephenson clerk, and William Conner treasurer until 1824, and William P. Warrick sheriff of said county. In the spring of 1823 the first election was held. This election was held in the cabin built for Solomon Finch at or near Horseshoe Prairie. Solomon Finch, William Dryer and Zenis Beckwith were elected commissioners. John Conner was elected Representative and John Finch and W. C. Blackmore were elected associate judges. The circuit judge was appointed by the Governor. His name was Egleston. The Legislature directed that all courts in Hamilton County should be held at the house of William Conner, in Delaware Township. The first commissioners' court was held in May, 1823, at the house of William Conner. William Dyer, Zenas Beckwith and Solomon Finch, commissioners, and John D. Stephenson clerk. At this session the county was divided into two townships. Jacob Hyers and Henry Foland were appointed overseers of the poor for White River Township, and George Kirkendall and James Williams for Delaware Township, for one year. The board also at this session ordered an election for the purpose of electing two justices of the peace, one for each township, to be held at the house of Henry Foland, at Strawtown; the other at John Conner's house in Delaware Township. At the August session of the Board of Commissioners Jerry K. Learning and Andrew McClintock were appointed constables for White River. Township until February term, 1824, when it was ordered that Edward H. Dryer and George Wise be appointed as such for Delaware Township for the same term, and each was required to give bond in the sum of $500. At this session of the board the first petit jury was drawn as follows: Allen Baxter, Chapel W. Brown, Thomas Morris, Andrew W. Ingraham, Michael Wise, John Duncan, Archibald Bayless, John Tressel, John Osborn, John Carpenter, Andrew Wilson, James Friel, Jr., Asa O. Ives, Henry Shetterly, Henry Foland, John Conner, George Conner, Peter Custer, John Nickerson, Timothy Nerron, Alexander McClintock, Lemuel Anton, Solomon Wise, John Provault, Elias Hoddy, John Bingham, David Conner, John Alman, Francis Booker, George Wise, Jerry K. Leaming and Edward M. Dryer. The first grand jury was drawn at this session as follows: John Conner, James Wilson, Curtis Mallory, William Bush, Francis Kinkaid, William Conner, Charles Lacy, John Hannaman, Jeremiah Leaming, Michael French, James Lee, John Black, Jacob Hier, William James, Benjamin Coy, Nathan Coy, William Peck, Joseph Wilson, George Shirts, Robert Duncan, George Kindall, Israel Finch, Nathan Popejoy, William Foster, Joseph Frazier, Joseph McCormick, Archibald Johnson, Lambeth Heath, Henry Lee, Jesse H. Wood, Thomas Provault, Alexander Booker, Solomon Finch, William Dryer and Benoni Friel. It was ordered that J. D. Stephenson be allowed for books $2.37, and for making out tax duplicate $4.00; that Curtis Mallory be allowed $1.25 for furnishing jury boxes and boxes for election purposes; that Solomon Finch and Zenas Beckwith be allowed $8.00 each for four days' services as commissioners, and that William Dryer be allowed $2.00, he claiming no more. At the November term, 1823, it was ordered that James Duncan be released from paying $1.25 charged as taxes on a pleasure carriage; that Chapel W. Brown be released from paying thirty cents, charged on one yoke of oxen. Jacob T. Hire was released from paying thirty-seven and a half cents, amount charged on levy for a horse. John Bruitt, Francis Kinkaid, James Friel, Sr., George Kirkendall and Robert Duncan were exempt from poll taxes, they being over fifty years of age. Zenas Beckwith was allowed $40.57 for purchasing books for the county; W. P. Warrick being allowed $26.50 for his services as sheriff for the year 1823; J. D. Stephenson $10.00 for being clerk for commissioners during the year 1823; Solomon Finch, William Myers and Zenas Beckwith $2.00 per day each for services as commissioners for this term. At the term of the commissioners' court in the year 1823 J. K. Leaming was appointed tax lister. It was ordered by the board that all hotel keepers within the county of Hamilton should pay a license fee of $10.00. A petition was filed before the board asking that a public highway be laid out and opened commencing at or near the mouth of Pipe Creek, crossing the river near Strawtown, and again crossing the river near Jerry Leaming's, about two miles below Strawtown, and thence down the river on the west side to the Marion County line near Bruitt's place. This petition was filed at the August term and was the first petition filed for a public highway. A petition was also filed for a road beginning at the Madison County line near Perkinsville, leading past Jacob Dyer's farm to Strawtown, and from Strawtown to William Conner's farm, by way of Noblesville. The board ordered elections to be held for the year 1824 as follows: At the house of William Bush in Delaware Township, and appointed John Stoops inspector; and for White River Township the election was ordered to be held at the house of Henry Foland, in Strawtown, and appointed J. K. Learning inspector. At the February session in the year 1824 it was ordered that W. P. Warrick act as collector for one year and that Curtis Mallory serve as treasurer. A special session of the board was held in March, 1824, to receive the report of the commissioners, appointed by the Legislature to lay out the county seat. At the November session of the commissioners' court the board found that the expenses of the county for that year amounted to $224.37 1/2; that the credit to the county was $170.62 1/2, the balance against the county being $53.75. At the January session of the board a license was ordered to be issued to William Conner to vend foreign merchandise on the payment of a fee of $10.00. This fee was paid and license issued and was the first license issued for this purpose. Under this license Mr. Conner opened the first store ever opened in Noblesville. John Hare showed to the board that he had paid tax in Ohio in the year 1824 upon property listed against him in this county and was released from the taxes assessed against him here. At the January session of the board for the year 1825 it was ordered that an election for Delaware Township be held for the year 1825 in Noblesville, and Curtis Mallory was appointed inspector. It was also ordered that the election in White River Township be held in Strawtown, and William Dyer was appointed inspector. It has frequently been said that the contest between Strawtown and Noblesville was, on the county seat question, very close. This is a mistake. The report of the commissioners appointed by the Legislature to locate and lay out the county seat for Hamilton County says that the Strawtown site was not considered at all because it was too far from the center of the county. The report says that after examining all of the sites offered Noblesville was considered the most eligible. The first jail building in the county was built by Josiah F. Polk. This building was of logs and was built on ground donated to the county by Conner and Polk, just north of the old graveyard. It was accepted by the board at its March session, 1825. At the February session of the Board of Commissioners, 1824, the following rates of taxation were ordered, to-wit: For every animal of the horse, ass or mule kind, over three years old, thirty-seven and a half cents each; work oxen, three years old, eighteen and three-fourths cents; on each two-wheeled pleasure carriage, one dollar each; four-wheeled pleasure carriage, $1.50; on each brass clock, one dollar; on each silver or pinchback watch, twenty-five cents; on each gold watch, one dollar; on each ferry, $3.00; and on each male person over the age of twenty-one years, fifty cents, provided, that persons over the age of fifty years and not freeholders, and such as are unable from bodily disability to follow any useful occupation for a livelihood, and all idiots and paupers, shall be exempted from the last mentioned tax. At the March session of the Board of Commissioners, in and for Hamilton County, in consideration of the location of the county seat at Noblesville, the following named, persons agreed to pay the county agent to aid in building public buildings at said county seat, the several sums* of money, labor and material set opposite each name: James Willason, in masonry $50 00 James Casler, in work 10 00 Hezekiah Betts, in lumber 45 00 John Stoops, in carpenter work 50 00 Stephen Wall, in chopping 5 00 John Dale, in shingles 5 00 George Dale, cash 20 00 Wilburn Davis, in shingles 5 00 Sydnor Dale, cash 25 00 Curtis Mallory, in work 10 00 J. D. Stephenson, cash 10 00 Peter Chissom, in work 10 00 John Conner, in lumber 50 00 Daniel Heaton, cash 10 00 Asael Dunning, cash 10 00 Charles Lacy, cash 10 00 Charles Lacy, team work 15 00 Henry Hurlbert, in work 10 00 William Goe, cash 5 00 Milo Bush, team work 5 00 George Shirts, team work 5 00 William Bush, in hauling 10 00 Thomas Morris, cash 10 00 Josiah F. Polk, cash 30 00 William Conner, cash 40 00 Mr. Lewis, cash 20 00 Mr. Cottingham, cash 15 00 Mr. Colborn, cash 15 00 Mr. Craycraft, cash 15 00 Mr. S. Dickson, cash 15 00 Mr. Metsker, cash 15 00 At this session of the board Josiah F. Polk was appointed county agent and as such agent was ordered to sell the lots previously donated to the county by Conner and Polk. At this session of the board John Conner filed a petition asking that a public highway be laid out and opened from Noblesville to the ford on White River above the mouth of Stony Creek, thence west across the river past John Conner's mill, and intersect a road leading from Strawtown to the south line of Hamilton County. This is the road now leading south from the city on Eighth Street. At the May session of the Board of Commissioners, in the year 1824, the sheriff of this county was ordered to let the building of a log jail, to be built on the fraction of land donated by Conner and Polk to the county, situated on the east bank of White River, north of the old cemetery. The jail was to be twenty-one feet long and in two apartments, to be built of logs closely notched down. The price for completing this jail building was $300 and the contractor was to accept the labor and materials donated to the county for the purpose of assisting in the erection of county buildings,. as part payment for building the same. On the 31st day of January, 1824, the Legislature passed an act abolishing the office of county commissioners. Solomon Finch and Nathan Popejoy were elected commissioners to serve until the act would become effective, and at a session of the board held in August, 1824, they met and were sworn to discharge their duties as county commissioners and also took an oath against duelling. On Monday, the 6th day of September, 1824, William Bush, William Foster, Andrew W. Ingraham and William Dyer met at the house of William Conner in Hamilton County, Indiana, and each of them produced commissions from the Governor commissioning them justices of the peace, upon which was indorsed the oath of office. And thereupon agreeable to an act entitled an act to regulate the mode of doing county business, approved January 31st, 1824, took their seats as members of this board. Andrew W. Ingerman was selected as president. This board was known as the Board of Justices, superseding the Board of Commissioners. At the November term of the Board of Justices Josiah F. Polk produced a commission, signed by the Governor, whereby he was commissioned to become a member of the Board of Justices and after taking the necessary oath he took his seat as a member of said board. So long as this board continued to do the business of the county it was known as the Board of Justices. At the January session of the Board of Justices, 1825, a petition was presented for the opening of a highway down Fall Creek to intersect a road leading from the Hamilton County line to Indianapolis. This petition was made by John Welchel. At this session Curtis Mallory was appointed treasurer for the year 1825. It was also ordered that Thomas Morris be appointed superintendent of school section No. 16, township 18, range 4, east, for the year 1825. At the January session of the Board of Justices, 1826, Robert L. Hannamon produced his commission as sheriff to succeed W. P. Warrick. At this session R. L. Hannamon was appointed county agent and ordered to sell out the building of a stray pen. Allen Osborn applied for a license to vend merchandise for one year. Both applications were granted. W. P. Warrick was allowed $20.00 for his services as sheriff ex-officio from the 7th day of March, 1825, to the 18th day of October, 1825. It was ordered that the election in Delaware Township be held at Noblesville, and in White River Township at Strawtown. It was ordered that Curtis Mallory act as county treasurer for the year 1826. J. D. Stephenson, clerk, was allowed $6.00 for making duplicate of tax list for 1825. The board at this session found that the expenditures of this county since its organization amounted to $589.77 1/2 and that the receipts amount to the sum of $456.40 1/2. At the March session Zenas Beckwith produced his commission as one of the Board of Justices and took his seat on the board. At the September session, 1826, the sheriff was ordered to cause the removal of the jail building built by Josiah F. Polk to the public square. The board at this session found that the receipts exceeded the expense in the sum of $36.69 1/2. At the January session of the board in the year 1827 licenses to vend merchandise in Hamilton County were issued to Jerry K. Leaming and Allen Osborn. At the March session, 1827, Fall Creek Township was bounded and named by the board. Also Delaware Township as now constituted was bounded. Noblesville Township was also bounded and named. At the May session of the board Dr. John Finch was allowed $28.12 1/2 for pauper service. At the November session of the board a license was granted to George Shirts to keep a public tavern in Noblesville. The license fee was $3.50. This was the first public tavern licensed in the county. At the May session George Shirts was allowed $1.68} for services as jailor. At this session land was assessed for county purposes as follows: On each 100 acres of first-class land, forty cents; on each 100 acres of second-rate land, thirty cents; on each 100 acres of third-rate land, eighteen and three-fourths cents. The first notice of a probate court in this county, in the commissioners' record, is in July, 1828. The delinquent tax list for this year was $12.75. At the November session George Shirts was allowed $6.12 1/2 for dieting a prisoner in jail and for room furnished in which to hold court for the year 1828. John Finch and William C. Blackmore were allowed $18.00 each for services as associate judges. At the January session of the board, 1829, John Stephenson & Co. were granted a license to vend merchandise for one year. The receipts this year exceeded expenditures $43.11 J. At the January session of the board a tavern license was granted to William S. Wallace at Woodville, this county, for one year. Robert L. Hanamon was also granted a license to keep a tavern in Nobles ville. On the 10th day of August, 1830, the board ordered that a one-story court house be built on lot No. 1, in block No. 11, in the town of Noblesville, thirty-two feet long and eighteen feet wide. The first license granted to sell intoxicants was granted to James Hughey, at his house in Woodville in January, 1831. The first license to sell spirituous liquors in Noblesville was issued to Wilburn Davis & Co. at the September session, 1831. At this session the county was divided into three commissioners' districts. The first court house was accepted at the November session, 1831. In 1832 the Legislature ordered a State road built from Knightstown to Pendleton, and from there to Strawtown. Near the same time the Legislature also ordered a road from Morristown, in Shelby County, by way of Greenfield, in Hancock County, and Noblesville, in Hamilton County, to intersect the Lafayette & New Castle road at or near Kirk's Prairie, in Clinton County. John D. Stephenson and John Osborn were appointed as commissioners to locate and lay out the road. Their report of location was made in November, 1832. Pioneers had traveled from Noblesville to the vicinity of Lafayette over this route, but there had been no established road. This road is still used, as then laid out, to Kirklin. In 1833, at the January session of the board, Madison Sweetser was granted a license to retail merchandise at Woodville, for a period of six months. At this session of the board a building erected by Jerry K. Learning for the county clerk's office was received. The price was $122.00. At the same time Daniel Heaton made a report of the expense of locating a State road from New Castle to Crawfordsville, so far as this county was concerned. John D. Stephenson, as recorder of the county, was allowed the sum of $2.00 for recording apprentice indentures. The board at the same session made a record of the expenditures and receipts of the county for the year 1832. The receipts were $945.58; expenditures, $1,033.74 1/2. At the March session, 1833, Curtis Mallory was appointed county treasurer for one year. At the May session of the same year the jail was ordered repaired as follows: The room where the criminals were kept was to be lined crosswise of the logs with good oak boards one and one-half inches thick and not to exceed eighteen inches in width, the edges to be squared and spiked; the doors were to have new locks and the floor was to be lined in the same manner as the walls. The debtors' room was to be lined in the corners in the same manner. At this term Stephen Carey and Allen Cole were sworn in as county commissioners. At the September session of the board Asa Beales petitioned the board to lay out and locate a road from the present site of Westfield south to the county line. The board also ordered the court house repaired, and granted Asa Beales & Co. license to vend merchandise. It was at the November session, 1833, that the board divided the county into townships. Without described them, it will be sufficient to say that the nine townships of our county, as we now have them, were named and described at that time. At the January session, 1834, it was ordered by the board that Lewis G. Coy, John Murphy, Josiah West, Barton W. Wall and Jonathan Colborn each be allowed the sum of one dollar for one day and one night's service in guarding William McDowl, a prisoner charged with murder. This is the first record in the county of a prisoner being charged with this crime. Additional Comments: From: A HISTORY OF THE FORMATION, SETTLEMENT AND DEVELOPMENT OF HAMILTON COUNTY, INDIANA, FROM THE YEAR 1818 TO THE CLOSE OF THE CIVIL WAR. BY AUGUSTUS PINCH SHIRTS. 1901. File at: http://files.usgwarchives.net/in/hamilto/history/1901/ahistory/chapterv32ms.txt This file has been created by a form at http://www.poppet.org/infiles/ File size: 22.4 Kb