Allen County, Indiana - Chapter 2: Organization, 1880

Chapter 2: Organization

Preliminary Legislative Action. - Process of Organization - 'Selection of Officers Chosen - First Meeting of the Board doing County Business - Meeting of Commissioners to Select a " Seat of Justice ' for Allen County. - Fort Wayne Selected. - County Agent and his Duties - His First Action - Board of Jus¬ tices, Etc.

On the 17th of December. 1823, the Legislature passed "An Act for the formation of a new county out of the counties of Randolph and Delaware, to be included within the following limits: Beginning at a point on the line dividing this State and the State of Ohio, where the township line dividing townships twenty-eight and twenty-nine, north, intersects the same ; thence north with said State line twenty-four miles ; thence west, to the line dividing ten and eleven, east; thence south to the line dividing townships twenty-eight and twenty-nine, north ; thence east to the placff of beginning." Which new county, at the suggestion of Gen. John Tipton, the leading spirit in the movement toward organization, was, from and after the first day of April, 1824, to be known and designated by the name of Allen, in memory of Col. John Allen, of Kentucky, who was killed at the battle of River Raisin', on the 22d of January, 1813.

By the third section of that act, Lot Bloomfield and Caleb Lewis, of \\ ayne County, Abiathar Hathaway, of Fayette County, William Conner, pf Hamilton County, and James M. Kay, of Marion County, were appointed Commissioners to determine and locate the seat of justice for said uew county. Said section provided further, that said Commissioners should convene at the house of Alexander Ewing, therein, on the fourth Monday in May, thereafter, and proceed imme¬ diately to discharge the duty assigned. .

Pursuant to the provisions of the first section of the act " for carrying the laws into effect in new counties," William Hendricks, Governor of the State of Indiana, by commission dated April 2, 1824, appointed Allen Hamilton Sheriff of Allen Countv, " until the next general election, and until his successor shall be appointed and qualified - should he so long behave well." Under that appoint¬ ment, and in compliance with a further provision of said section, Mr Hamilton, as suc-h Sheriff, gave notice to the qualified voters of Allen County, authorizing and directing them to hold an election on the 22d day of May, 1824, " for the purpose of electing two Associate Judges of the Circuit Court, one Clerk of the Circuit Court, one Recorder and three Commissioners of the county."

That election was held accordingly, and the following persons were chosen to fill the offices designated : Samuel Hanna and Benjamin Cushman, Associate Judges; Anthony L. Davis, Clerk and Recorder; William Rockhill, Commis¬ sioner for a term of three years from the 22d day of May, 1824 ; James Wyman, for two years, and Francis Comparet for one year from said date. Subsequently, the election of Mr. Cushman, as one of the Associate Judges, was contested, unsuccessfully, by Alexander Ewing, and the election of James Wyman and Francis Comparet, as County Commissioners, was also contested by Marshall K. Taylor, with like result.

Having been notified by the Sheriff of Randolph County of their appoint¬ ment, as by said act prescribed, said Commissioners met at the house of Alexander Ewing, on the fourth Monday, being the 24th day of May, 1824, and, being fifst duly sworn, entered at once upon the discharge of their duties. Among the propositions presented for their consideration in the premises, was one by Messrs. John Me Cork le and John T. Barr, in which they, as the proprietors of the town of Fort Wayne, agreed to pay to Allen County 8500 cash, and to appropriate, in consideration of the location, by said Commissioners, of the seat of justice at that town, the following lands and' lots, upon the terms aod conditions stated, to wit :

" All of that oblong square or piece of ground situate and being in the town of Fort Wayne, aforesaid, and stained red on the plat of said town, as recorded in the Recorder's office iu Randolph County, in said State, which is granted as a public square, whereon public buildings for said county are to be erected, and bounded by Main, Court, Berry and Calhoun streets ; also a lot, or piece of ground four rods square, laid out at right angles, at the northwest corner of the plat of Fort Wayne, west of and adjoining said plat, which is donated and granted for a church and public burying-ground, to be occupied by no particular denomination, but free to all - except. so much of said lot as may be necessary for said church, which may be occupied by the first church of professing Christians in said county, who may erect thereon a house of worship of convenient size, of suitable materials ; also, a lot of land, of the same size as the regular lots in said town, to be laid oft' east and adjoining the lots of land last above mentioned, as a place whereon to erect a seminary of learning; also, lots numbered 8, 9, 101, 102, 103, and the lots regularly numbered from 104 to 118, inclusive ; also, a tier of lots along the south side of said plat, to be laid off immediately opposite the tier of lots on the first recorded plat of said town (opposite 104 to 118), which are to be divided from said last tier by an alley, and, in size and otherwise, to conform to the plat of the town lots uumbered regularly from 92 to 100, inclusive of each."

The proposition was accepted, and Fort Wayne became the seat of justice of Alien County, in conformity with the provisions of law appertaining thereto, and a deed was subsequently executed by the proprietors to John Tipton, the ' county agent, conveying. the said property to him for the use of the county, as contemplated in the proposed donation.

j On Wednesday following, the 26th day of May, 1824, being the Wednesday i succeeding the fourth Monday in May, at the hour of 12 o'clock M., "The j Board of County Commissioners of Allen County met, in pursuance to the pro¬ visions of a special act of the General Assembly of the State of Indiana, entitled ; ' An Act for fixing the seats of justice in all new counties hereafter to be laid oft I - passed and approved January 2, 1818 - at the house of Alexander Ewing, in Fort Wayne.

| Sheriff of Allen County, stating that he, the said William Rockhill, was duly i elected a Connty Commissioner of Allen County for the term of three years, on which certificate there was indorsed that he had taken the necessary oaths ol office.

"James Wyman. Esq., also produced a certificate from Allen Hamilton, Sheriff, as aforesaid, stating that he, the said James Wyman, was duly elected a Commissioner of Allen County for the term of two years from the 22d day of j May, A. D. 1824, on which certificate was indorsed that he had taken the neces- 1 sary oaths of office.

" Francis Comparet, Esq., also produced a certificate from Allen Hamilton, Sheriff of Allen County, stating that he, the said Francis Comparet, was duly elected a County Commissioner of Allen County, fur the term of one year lrom , the said 2 id day of May, A. D. 1824.

The Board then " ordered that Joseph Holman be appointed Treasurer for the County of Allen, until the next February session of the Board of County Commissioners for said county, and is required to give bond, with two good, suf¬ ficient freehold securities, in the penal sum of §1,000."

On the day following (May 27), a full Board was present. The first business was the appointment of John Tipton, County Agent, who, pursuant to the order of the Board, filed bond in the penalty of §5,000, with Alexander Ewing and Samuel "Hanna as securities. The bond was accepted and approved. Thereupon, it was " Ordered, That John Tipton, Agent for Allen County, is hereby authorized and required to pay to the following persons, for their services as Commissioners to locate the seat of justice in Allen County, the following sums: James M. Ray, the sum of §42 for fourteen days' services ; to William Conner, §36 for twelve days' services ; to Abiathar Hathaway, §36 for twelve days' sei vices ; to Caleb Lewis, §30 for ten days' services; to Lot. Bloomfield. §30 for ten days' services - and take from them a receipt for the amounts, for which he is to render a credit on his general account." With these proceedings terminated the primary session of the Board doing county business.

The first regular session of the Board commenced on the following Monday, May 31, at the house of Alexander Ewing, situated on the southwest corner of Barr and Columbia streets, since known as " Washington Hall." As the chief business of the session, the following is noted, because of its reference to the work¬ ing machinery of the new county. The following appointments were made: Hugh B. McKeen, Lister of Taxable Property; Lambert Cushovis, Constable; Robert Hars, Inspector of Elections ; William N. Hood, Inspector of Flour, Beef and Pork, for the Township of Wayne; Samuel Hanna, Road Supervisor for the Township of Wayne ; John Davis and Alexander Coquillard, Overseers of the Poor, in Wayne Township.

John Tipton, County Agent, was ordered to construct a "Pound, of suitable size," on the public square in Fort Wayne. This appears to have been the first public building ordered on the public square, but the order was rescinded Feb¬ ruary 14, 1825.

The Board also ordered that the Sheriff- "adveitise an election, to be held at the house of Alexander Ewing, if permitted ; if not, at some other suitable place in the township of Wayne, for the election of three Justices of the Peace, on the first Monday in August next." They also selected thirty-six names from which to choose a grand jury, and forty-eight names from which to choose a petit jury for the Circuit Court.

First Tavern Rates

At the same session, the Board fixed the following rates of assessment on personal property, for county purposes, for the year 1824, to wit:

County Agents

Under the laws in force prior to and at the time when Allen County was organized, when the seat of justice in any new county was to be located, and the Commissioners for that purpose having determined on an eligible site for such seat of justice, at some town already laid off, had received "donation in lots, money and adjoining lands," by the proprietors of such towns, conditioned upon the location of the seat of justice aforesaid, the County Commissioners of such new county were required " forthwith, after receiving the report as herein provided, to appoint some suitable person, a resident of such county, as an Agent, whose duty it shall be, after giving security to be approved of by the said Board of County Commissioners, for the faithful discharge of the duties of his said office, to receive good and sufficient deeds of conveyance, for any land which may have been given for the use of the county as above provided, and to lay oft' the same into town lots, streets and alleys, according to such plan as the County Commissioners may direct; he shall proceed also, from time to time, to sell the said lots, or so many of them as the said Commissioners may deem proper and necessary, on such terms as the County Commissioners may consider most advantageous to the county; and to collect all moneys arising from the sale of said lots, and pay the same into the county treasury ; he shall also make conveyances to the purchasers of such lots."

Pursuant to that law, the Commissioners appointed to select and locate a seat of justice for Allen County, having selected Fort Wayne, a town already laid out, and received from the proprietors donations of money, lots and lands, in con¬ sideration of the location of the seat of justice, as aforesaid, the Board of County Commissioners then being in session, on the 27th day of May, 1824, appointed John Tipton, County Agent, to give bond for §5,000. He gave bond accord¬ ingly, with Alexander Ewing and Samuel Hanna as securities, who were accepted by the Board, and was sworn to the faithful discharge of bis duties.

" Ordered , That John Tipton, Agent for Allen County, is hereby authorized and required to pay to the following persons for their services as Commis¬ sioners to locate the seat of justice of Allen County, the following sums : James M; Ray, the sum of forty-two dollars, for 14 days' services; to William Conner, thirty-six dollars, for 12 days' services; to Abiathar Hathaway, thirty-six dollars, for twelve days' services ; to Caleb Lewis, thirty dollars, for ten days' services ; to Lot Bloomfield, thirty dollars, for ten days' services, and take from them a receipt for the amount, for which he is to render a credit on his general account."

At a subsequent session of the Board, the Commissioners, on the 16th day of August, 1824, made the following further record in the premises, to wit:

" Ordered , That the County Agent sell lots 8, 9, and from 101 to 133, both inclusive, and 92 to 100, both inclusive, that were donated to the county."

Pursuant to that order, after giving proper notice thereof, Mr. Tipton, County Agent, on the 18th day of September, 1824, sold at public sale the fol¬ lowing of said lots for the amounts and to the persons named :

Purchaser

The last two were sold at private sale, ten days later, at prices, it will be seen, scarcely appreciable, in comparison with the value of the same lots, after the lapse of fifty-five years. The comparison, however, is valuable as a manifest evidence of the progress of a little more than half a century.

At the same session of the Board, the Agent was authorized and directed to have a jail erected, at his discretion as to size and kind, letting the same out to the lowest bidder. The building was erected accordingly on the southwest corner of the public square.

On the 5th of November, 1824, the County Agent submitted to the Board, in session, a report of the condition of his agency, of which the following is an abstract, to wit :

Subsequently, on the 27th day of November, 1S24, at a session of the Board of Justices, the County Agent was directed to sell the lots remaining unsold of those donated for-county buildings and expenses of locating the seat of justice, including Nos. 107, 109, 125, 126 and 127, on a credit of six months, the pur¬ chasers giving notes properly secured, having first given notice of the time, place and terms of such sale by publication thereof in the Richmoud Enquirer. And again, on the 7th of December, he was further ordered to sell certain other lots remaining unsold, upon like terms as iu the former order specified and directed.

Having been ordered, as above, to sell the remaining lots embraced in the donation, Mr. Tipton, on the 3d day of January, 1S25, submitted to the Board of Justices the following report of his doings in the premises, to wit:

"Gentlemen: Pursuant to your order, after advertising, I sold, on the 27th day of November last, at a credit of six months. Lot No. 107 for §64, No. 109 for §40, and Nos. 125, 126 and 127 for §82; and, in pursuance of your order of the 7th of December, I sold, on the 11th of said month, on a credit to the 1st of September nest, Lot No. 128 for $28.50, Lot No. 129 for 838.25, and Lot No. 116 for SI 6.25, making in all S269. The purchaser of Lot No. 109 has failed to give bond and security, as required by the conditions of said sale, and the purchaser of Lot No. 128 gave his note without security. Deducting from the above sum of 8269. S40, the amount for which Lot 109 sold (and the purchaser failed to give bond, as above stated), there remains in my hands notes to the amount of $229, to which sum add fifty cents received from ' Ben,' a man of color, part payment for Lot 108, making $229.50 since my last.

" I have paid the County Treasurer $304, reference being had to my account current herewith submitted will more fully and at length appear. A deed has been tendered for the donation made the county, which, not being in strict conformity to the bond, was not accepted.

On the 5th of September following, Mr. Tipton resigned his agency, and delivered over to the Board all the papers, books and money on hand, for which the Board gave a receipt and accepted the resignation. The vacancy was filled on the same day, by the appointment of Charles W. Ewing, who accept* d the same and filed the necessary bond.

of each year ; but the experience of this county, and, indeed, of most counties, especially those recently organized, where there were Justices for no more than one or two townships elected, that it was extremely difficult to secure a quorum for the transaction of business; hence, it has frequently occurred here, as elsewhere, that regular sessions of the Board were not always held, because of the non-at¬ tendance of the members thereof, for four or five days, sometimes for the entire session. This was especially true during the first years of the operation of that law.

At the January session of the Board, for the year 1825, the County Treas¬ urer, Joseph Holman, presented the first exhibit of the condition of the county's finances, which gave the following aggregates :

Mr. Holman's report was submitted on the 5th day of January, 1825- The day following, William G. Ewing was appointed his successor, for a term of one year.

Also, *- Ordered , That the American Fur Company, Fort Wayne department, pay the sum of $25 for a license to vend foreign merchandise in the town of Fort Wayne, for one year from the 3d of September, 1825."

On the 3d day of January, 1825, the Board being in regular session, Adams Township was set apart as a separate jurisdiction by the following :

" Ordered , By the Board of Justices, that there be a new township consti¬ tuted, which is bounded as follows, to wit : On the west by the line which divides Ranges 12 and 13, north by the contemplated boundary line of Allen County, east by the State of Ohio, and south by the line which divides Congres¬ sional Townships 29 and 30, and to be known and called by the name of Adams Township ;" and an election was ordered to be held therein at the house of Eliphalet Edmunds, on the second Monday of March, 1825, to elect one Justice of the Peace, with HeDry Cooper as Inspector.

The following was the financial showing for the second year of the county's oreanic existence, as shown by the report of William G. Ewing, County Treasurer, submitted and filed at the January session, 1826:

Board Of Justices

Prior to the first Monday in September, 1824, the county business was transacted by a Board of County Commissioners, who, when elected and qualified as prescribed by law, were considered and recognized a body politic and corporate. From and after the above date, however, the former law was superseded by " An Act to regulate the mode of doing county business ; approved January 31, 1824." wherein it was provided "That there shall be a County Board of Justices estab¬ lished in each and every county in this State, for the purpose of transacting county business; to be composed of the Justices of the Peace of the respective counties, who shall meet together and organize themselves, agreeably to the pro¬ visions of this act; and, after being organized, as aforesaid, shall be known and considered, in fact, law. and equity, a body politic and corporate, by and under the name and style of ' The Board of Justices of the County of - .

The former law being still in force, at the date of the organization of this county, the organizing process was conducted by the County Commissioners, as the recors disclose, who, at the proper time, made provision for the election of the Justices of the Peace to constitute, on the taking effect of the new law, the Board of Justices for Allen County. This election was ordered to take place on the first Monday in August, 1824, the time for holding the general election for State and county officers. The result of that election was the choice of Alexan¬ der Ewing. William N. Hood and William Rockhill, as the Justices of the Peace for Wayne Township, which then embraced the entire territory of Allen County.

Notwithstanding the law took effect and came into force on the first Monday in September, making it " the duty of each and every Justice of the Peace, to meet at the place of holding courts, in their respective counties," at that date, "and then and there proceed to organize themselves into a County Board of Jus¬ tices, by electing some one of their body as President of such Court, and caus¬ ing their names to be entered in the record-book of the county as members of such Board," the first meeting and organization did not take place until the 22d day of October following, at the house of Alexander Ewing, the place designated for holding courts.

At that meeting, the Board was organized by the election of a President. A seal was adopted, also, by the following order : " Ordered, by the Board of Justices of the county of Allen, that the Board make use of a scrawl including the let¬ ters 1 B. C. J as their seal until such time as they may procure and adopt a seal.

One of the first acts of this new Board was to receive the report of Benja¬ min B. Kercheval and Samuel Hanna, Commissioners, on the part of Allen County, to survey and locate the Winchester State road, running nearly south from Fort Wayne, which was the first road located in the county. The report was received on the first day of the term, representing Chauncey Carter, sub¬ sequently of Cass County, as the Surveyor, and defined the location of a " State road from Vernon, in Jennings County, by way of Greensburg, Rushville and New Castle, to Fort Wayne."

The law establishing the Board of Justices prescribed that they should meet on the first Monday in January, March, May, July, September and November

May 2, 1826, it was " Ordered by the Board of Justices, that Alexander Ewing be allowed the sum of $20.50 for house rent for the Allen Circuit Court, at the February term, 1826, and for Board of County Justices, including this session."

It was further ordered by the Board, at the May session, 1828, that the Clerk of the Allen Circuit Court be " authorized to procure a seal for the persons doing county business, with such device as he and they deem best."

Again, at the November session, 1829, the Board " Ordered that the rate of license for keeping a ferry across the St. Mary's River, in Allen County, be $1 per year." The rates of toll were fixed as follows :

This was the last session of the Board of Justices in Allen County, the law under which it acted having been superseded, and the authority again vested in a Board of Commissioners.