Carroll County, Indiana - The State of Indiana, 1882

The State of Indiana

l'l:i;i,IMINARY TO Olli T\Ki\(. Ijii'T of the Act - O Mlmulk.^ oi TjiE First Constitu First IjKGI.slature - First Congi - Review of the St.4.te'.s History.

AS has been already shown, the memorial presented by the people of Indiana Territory asking for a charter under the authority of which a constitution might be formed as the basis of a State Government, and finally admitted as a State, had been accepted and an act passed and approved for the purposes named. Section 1 of that act provided " That the inhabitants of the Territory of Indiana be, and they are hereby authorized, to form for themselves a constitution and State Government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon the same footing with the original States, in all respects whatever." The second section fixed the boundaries of the State as follows: " Bounded on the east l)y the meridian line which forms the western boundary of the State of Ohio; on the south, by the River Ohio, from the mouth of the Great Miami River to the mouth of the River Wabash; on the west, by a line drawn along the middle of the Wabash, from its mouth to a point where a due north line drawn fi'om the town of Vineennes would last touch the northwestern shore of the said river; and from thence by a due north line, imtil the same shall intersect an east-and-west line drawn through a point ten miles north of the southern extreme of Lake Michigan; ,,n the north, by the said east-and-west line until the same shall iuti'rscft the tii-st-mentioned meridian line which forms the western boundary of the State of Ohio; Pmridecl, That the convention hereinafter jn'ovided for, when formed, shall ratify the boundaries aforesaid: otherwise, thoy shall be and remain as now prescribed by the ordinance for the government of the territory northwest of the River Ohio; Provided, also, That the said State shall have conoiu'rent jurisdiction on the River Wabash, with the 'State

Section 3 provided for the qualifications of voters, and for the holding of an election to determine the question of expediency as to the formation of a State constitution, and, upon the determination of that question affii'matively, to form such a constitution. It provides " That all male citizens of the United States, who shall have an-ived at the age of twenty-one years, and resided within the said Territory at least one year previous to thedayof election, and shall have paid a county or Territorial tax; and all persons having in other respects the legal qualifications to vote for Representatives in the General Assembly of the said Territory, be and they are hereby authorized to choose Representatives to form a convention. * * * * A.nd the election for the Representatives aforesaid shall be holden on the second Monday in May, 1816, throughout the several counties in the said Territory; and shall be conducted in the same manner and under the same penalties as prescribed by the laws of said Territory regulating elections therein for members of the House of Representatives."

Accordingly, said election was held on the second Monday, which was the 13th day of May, pursuant to the foregoing provision, the result of which was the selection of the following persons to represent the counties named:

The session of the convention was commenced on the lOtli of June at Corydon, and continued until the 29th, when, having comj)leted its labors of forming a State constitution, and settled the question of expediency thereby, it adjom-ned. Jonathan Jennings presided over the deliberations of the convention, and AVilliam Hendricks was Secretary. In addition to the matter of forming a State constitution, by the provisions of Section 6 of the enabling act, certain propositions were submitted for the consideration of the convention: " First - That the section numbered 16, in every township, aud when such section has been sold, gi-anted or disposed of, other lands efjuivnleut thereto, and contiguous to the same, shall be granted to the inhabitants of such town ship for the use of schools." The second proposition had reference to the reservation of salt springs and the lands upon which they were situated, not exceeding thirty-six entire sections, for the usi. of the people of the State, under such reg- ulations as the Legislatui'e might prescribe. ThirS - That 5 per cent of the net proceeds of the lands in the Territory should be reserved for making public roads and canals, three-fifths of which should be applied to those objects within the State, and two-fifths for roads leading to the State, as might be directed by Congress. The foui'th proposition reserved one entire township of land for the use of a seminary of learning, regulated by the State, and the fifth proposition reserved fom' sections of land, which were granted to the State for the piu'pose of fixing the seat of government thereon, to be located under the direction of the State Legislature. If the propositions so submitted were accepted by the convention, the provisions thereof should be obligatory upon the United States to maintain the same. An ordinancepassed by the convention and signed by the proper officers, on the 29th of June, 1816, sets forth its conclusions touching those propositions as follows: "That we do, for ourselves and om', posterity, agree, determine, declai-e and ordain, that we will and do hereby accept the propositions of the Congress of the I'nited States, as made and contained in their act of the 19th day of April, 1816, entitled 'An act to enable the people of the Indiana TeiTitory to foiTQ a State Government and constitution, and for the admission of such State into the Union, on an equal footing w/ith the original States.' And we do fiu'ther, for om'selves and our posterity, hereby ratify, confinn and establish the boundaries of the said State of Indiana, as fixed, prescribed, laid down and es - tablished, in the act of Congress aforesaid; and we do also further, for om'selves and our posterity, hereby agree, determine, declare and ordain, that each and every tract of land sold by the United States, lying within the said State, and which shall be sold from and after the 1st day of December next, shall be and remain exempt fi-om any tax laid by order or under any authority of the said State of Indiana, or by or under the authority of the General Assembly thereof, whether for State, county or township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land; and we do, moreover, for ourselves and our posterity, hereby declai-e and ordain, that this ordinance, and every part thei-eqf, shall forever be and remain irrevocable and inviolate, without the consent of the United States, in Congress assembled, first had and obtained for the alteration thereof, or any part thereof."

Thus, the Territorial Government of Indiana was superseded by a State Government on the 7th of November. 1810. and the State was therefore formally admitted into the Union by a joint resolution of Congress, approved on the 11th of December of the same year.

On the 8th day of November, 1816, the day following that upon which the State constitution took effect, the General Assembly, in joint session, elected James Noble and Waller Taylor to represent the State of Indiana in the Senate of the United States. Subsequently, Robert A. New was elected Secretary of State; William H. Lilley, Auditor of Piiblic Accounts: and Daniel C. Lane, Treasurer of State. At the fii-st general election, held on the first Monday in August. 1816, as in the constitution provided, Jonathan Jennings was elected Governor, having received 5,211 votes, while his competitor, Thomas Posey, who was then Governor of the Territory, received only 3,934 votes. Cln-istopher Harrison, of Washington County, was elected Lieutenant Governor, and William Hendricks was elected the first Representative from this State in the Lower House of Congress.

Senate - William Polke, from Knox County; William Prince, of Gibson County; Daniel Grass, for Posey, Peny and Warrick Counties; Patrick Baird, of AVaTOe; John Conner, of Franklin; John Du Pauw, for Washington, Orange and Jackson Counties; John Paul, for Jefferson and Switzerland Counties: Ezra Ferris, of Dearborn County; Dennis Pennington, of Harrison County; and James Beggs, of Clark County - ten members.

House of Representatives - Joseph Holman, Ephraim Over, man and John Scott, for Wayne County; James Noble, David Mounts and James Brownlee, from Franklin Coimty; Amos Lane and Erasmus Powell, fi-om Dearborn; John Dmnont, fi'om Switzerland; Williamson Dunn and Samuel Alexander, from Jefferson; Benjamin Ferguson, Thomas Carr and John K. Graham, fi'om Clark: Davis Flbyd, Jacob Zenor and John Boone, from Hai'rison; Samuel Milroy and Alexander Little, from Washington; William Graham, from Jackson; Jonathan Lindley, fi'om Orange; Isaac Blackford, Walter Wilson and Hemy I. Mills, fi'om Knox; Edmund Hogan and John Johnson, fi-om Gibson; Dann Lynn, from Posey; Ratliff Boone, from Warrick; and Samuel Conner, fi'om Perry County - twenty-nine members.

The fii-st session of the Legislature after the organization of the State was commenced on Monday, the 4th day of November, 1816. John Paul was made Chairman of the Senate, pro tempore, and Isaac Blackford was elected the fii-st Speaker of the House of Representatives. The oath of office was administered to Jonathan Jennings, Governor, and Chi-istupher Harrison, Lieutenant Governor, on the third day of the session, November 7, at which time the Governor delivered his inaugiu-al address. The session closed on the 3d day of January, 1817, having enacted an excellent code of laws for the government of the State in the first years of its independent existence, some of which have, in substance at least, continued in force from that time to the present, showing the discreet judgment and wise perception of those early legislators.

" The histdiy of Indiana," says Mi-. Dillon, " fi'om_ the year 1816 to the present time, would be, if it were now written in detail, a record of the rapid growth of a State whose peaceful progress toward a condition of strength and prosperity was sometimes greatly emban-assed by the presence of financial difficulties, once agitated by the events of a war between the United States and Mexico, and often retarded by the distm-bing influence of unwise legislation, and by obstacles which had their origin in the demoralizing dissensions of local factions." In 1816, the actual number of fi'ee white inliabitancs was less than seventy thousand, but there were elements of rapid development patent to the eye of the provident emigrant which tended to swell the tide of homeseekers toward the inviting prospects presented for permanent settlements within the boundaries of the State that had so recently emerged Tfrom the TeiTitorial condition, and the census of 1820 showed a population of 147,178 - an increase of more than 100 per cent in a period of about fom- yeai-s, which, considering the era of our national existence, was beyond what the most sanguine had anticipated. New-comers selected homesteads, and without delay began to improve them. The unbroken forest gave place to j cultivated fields, small at first, but increasing in area accordingly [ as the demand and opportunity were in satisfactory accord; the Indian wigwam gave place to the pioneer cabin of the white man, which, in the progress of yeai-s, was supplanted ' by the stately mansion. A sense of secm'ity pervading the minds of the people was a sufficient guarantee to insure the coming-in of i from " older settled districts." " The hostile Indian tribes 1 incr been overpowered, humbled and impoverished, no longer excited the feai-s of the pioneer settlers, who dwelt in safety in their plain log cabin homes, and cultivated their small fields without the protection of armed sentinels. The numerous temporaiy forts and block-houses, which were no longer required as places of refuge for the pioneers, were either converted into dwelling houses, or suffered to fall into ruin." Hence, the march of civilization was rapidly onward, transforming, within the period of one's memory, the stately forest into the magnificent area of elaborately cultivated fields. Early foreseeing that " the universal diffusion of knowledge is liberty's only safeguard," om- immediate ancestors, without delay, began to make ample provisions for the founding, development and maintenance of a system of education that should meet the wants of a rapidly increasing populatioli, and ultimately present a fund for securing advantages unequaled by those of any other State - such, in fact, as the children of the present generation are jjennitted to enjoy to the fullest measure of their capacity.

At a very early date in the history of Indiana, the idea of a general system of internal improvements began to agitate the public mind. In 1820 and 1821, the question had elicited considerable discussion in circles likely to be advantaged by the operations of a judicious policy in that direction. Indiana and Illinois, in 1822, began jointly to forward such a movement by making provisions for the improvement of the gi'eat rapids of the Wabash, and Gov. William Hendricks, in his message to the General Assembly of the State, in December, 1822, says: " We ought to have fi'ee and unshackled, as far as we can, our resources for improvement and purposes which the interests of the State may hereafter require, if not at our hands, at the hands of those who succeed us. * * * Let us not lose sight of those great objects to which the means of the State should, at some future day, be devoted - the navigation of the Falls of the Ohio; the improvement of the Wabash, the AVliite River and other streams ; and the construction of the National and other roads through the State." In 1823, the subject of connecting the Maumee and Wabash Rivers by a canal navigation, attracted, with interested effect, the attention of the law- making authorities of the two States, Ohio and Indiana, and steps were taken to bring about so desirable an enterprise as such a one promised to be.

Speaking on the subject, in his message of December, 1826, Gov. Ray says, " On the constniction of roads and canals, them, we must rely, as the safest and most certain State policy, to relieve our situation, place us among the th-st States in the Union, and change the cry of 'hai-d times' into an open acknowledgment of contentedness. « * * We must strike at the internal im- |irovoment of the State, or foiin our minds to remain poor and unacquainted with each other." Gov. Ray again, in his message of December, 1827, says: "Within the space of the last fifteen months, public lands have been granted to the State of Indiana, * * * estimated to be worth aliout >:|.2."i(t.<li>(l. free of cost, for special piu'poses." By the treatii's witli lln' l'citt;iwnt(imies and Miamis, in October, 1826, gi'nnts ,,f land wciv i.iadc specifically for the purposes of the right of way and for the consti'uction of a canal fi-om Lake Erie to the Ohio River, since known as the Wabash & Erie Canal, and the road commoucing at Lake Michigan, traversing the State in a southeasterly direction \o Indianapolis, afterward called the Michigan road. In this' connecti(m. Gov. Ray further says: " It is believed that the most sanguine politician will be umililc til jioiiil to any cnnilMii.-itioii of circumstances which will again |.hic.' iindi'v tlio control of llie State, in the same time, and, perhaps, not for half a centiu-y - perhaps never - such extensive and valuable resoiu-oes for prosecuting a grand system of internal improvements to a successfvil termination, and for the ultimate production of a revenue that shall relieve oui- fellow-citizens from taxation." All the early Governors and the leading politicians of the State, for a long series of years, used their utmost influence in favor of the fonnation and adoption of a complete system. In 1828, the opening of the original line of the Michigan road was commenced and forwarded toward completion, with occasional delays. The Wabash & Erie Canal, within the limits of the State of Indiana, began to be constructed, and was completed as far as La Fayette, about the year 1840, and from that point to Evanville a few years later. In 1836, a general system of internal improvements was adopted by the State, and soon canals and railroads were commenced in the most exti'avagant multiplicity, the result of which was almost disastrous to the credit of the State, as well as to the ftirther progress of many valuable public improvements in process of construction and partially completed. The aggregate cost of these improvements, at the close of the year- 1841, such of them as had been completed, was .^8,164,528. 21; the estimated total cost of the completion of all of them amounted to 119,914,244.

Following in the wake of the internal improvement system was a long period of stagnation in public affairs, and in the affairs of individuals as well. When an era of prosperity began again to davm, the spirit of progress was for a time overshadowed by the war cloud that gathered on the borders of Texas and Mexico and threatened to involve the counti'y in a turmoil of bloodshed. Indiana was prompt in answering the call of the President for soldiers to defeud the nation's honor, and her record during the period of hostilities is one of which no citizen need be ashaited.

In the progi'esB of years, many of the soiu'ces of wealth before luideveloped began to be opened \vp, tending, by the encom-agement of healthy progress, to re-invigorate the dormant energies of the people, who, as if prompted by the impulse of inspirationmoved on, prospering and to prosper in the enjoyment of a more provident public economy. Agricultm-e and manufactm-es, before neglected, were promoted with a generous and healthy activity. Our educational system, which, in time past, had had an existence little more than in name, came foi-th to move forward in its mission for good, and its fruits are every where visible. Our progi'pss is onward and iipward.

The State Capital

DURING the existence of the Territorial government of In diana, Vincennes was its capital. There the first and suli sequent Legislative Assemblies met and enacted laws by wliicli the affairs of the jurisdiction were regulated. When it had lui n determined that a movement should be made for the organization of a State government, and the act of Congx-ess had been passed and approved authorizing the people to meet in convention to determine whether it was deemed expedient to form such State government, and, upon tlie decision of that question ai&-matively, to frame a constitution and form a State government according to the models of other States, the convention so ordered met, and was held at Corydon, in Harrison Coimty, and, from and after the taking effect of that constitution, became the seat of government of the State, and some public buildings were erected for the accommodation of the State officers, and for the meeting of the General Assembly, and for other purposes.

By the provision of the fifth proposition of Section 5 of the act of April 19, 1816, authorizing " the people of Indiana TeiTitory to form a constitution and State government," a gi'ant of four sections of land was made to the State, for the piu'pose of fixing their seat of government thereon, which fom' sections should, under the direction of the Legislatm-e of said State, lie located at any time in such tovmship and range " as the Legislatm-e aforesaid may select, on such lands as may hereafter be acquired by the United States from the Indian tribes within the said Ten-itory; Pmcideil, That such locations shall be made prior to the public sale of the lands of the United States sm-rounding such location." At that time, the lands in the central portion of the State had not yet been ceded to the United States. Subseijuently, however, a treaty with the Delawares was concluded at St. Mary's, Ohio, on the 8d of October, 1818, by which the United States became vested with the title to all the lands of the Delawares within the limits of the State, including the right to grant, sell and convey the same. These lands were surveyed early in the year 1820, preparatory to their being offered for sale. On the 11th of January of that year, the Legislature, to carry into effect the grant made by Congress, to which reference has been made, appointed George Hunt, John Conner, John Gilliland, Stephen Ludlow, Joseph Barthelomew. John Tipton, Jesse B. Dm-ham, Frederick Rapp, AVilliam Prince and Thomas Emerson, Commissioners to make selection of an eligible site for the permanent capital of the State, and locate the specified grant of foiu' sections for the purposes contemplated in the proposition in the enabling act contained, and which was accepted by the convention at Cor^-don. But eight of these Commissioners accepted the appointment tendered and took part in the work assigned them, Messrs. Prince and Rapp taking no part. On the 22d of May, 1820, the Commissioners met at the house of William Conner, according to instructions, and were sworn, but did not commence operations imtil the following morning. The borders of White River seem to have been the objective poiut. and the attention of the Commissioners, in their tour of inspection, was confined to those limits. Having traversed this valley a considerable distance, making examinations as they progressed, several points were looked upon with favor, and the merits of each were freely discussed - sometimes quite warmly. Finally, the choice was narrowed down to three sites which were conceived to be at all suitable. These thi-ee points, in the order of their merits respectively, were: The mouth of Fall Creek, Conner's, and the bluffs of White River. The examination continued from the 22d of May until the 7th day of June, excepting a delay of about one week, occasioned by the incomplete state of the sm-veys of the lands in the vicinity, which were then in progress under the direction of Judge Laughlin, United States Surveyor, assisted by Charles H. Test. On the morning of Wednesday, June 7, the Commissioners again met at the McCormick residence for the final discussion of the questions involved, and to agree upon the site to be selected, when, everything having been deliberated upon, on motion of John Tipton, it was resolved by the Commissioners present to select Sections 1 and 12, the east and west fractions of Section 2, the east fraction of Section 11, and so much off the east side of fi-actional Section 3, divided by a uorth-and-south line running parallel to the west boundary of said section, as would make foiu- sections, all in Township 15 north. Range 8 east. Thus, the site for the capital city of Indiana was determined and located: and the report of the Commissioners to that effect was submitted to the Legislature at its next session,' and their action duly ratified on the 0th of Januai-y, 1821. By the same act, the Legislature appointed Christopher Han'ison. James Jones and Samuel B. Booker Commissioners to lay off' the town, which, at the suggestion of Judge Sullivan (afterward of the Supreme Coiu't), who was a member of the committee that prepared the bill, was named "Indianapolis." the capital city of Indiana - a significant name, truly.

The committee appointed to make the smwey of the town jihit was directed to meet on the first Monday in April following, appoint two Surveyors and a Clerk, make the survey and prepare two maps thereof, advertise and sell the alternate lots as soon as practicable, the proceeds of which sale were to constitute a building fund. At the time appointed for the meeting of the commission, Christopher Hai'rison onh' was present. Proceedings were not delayed in consequence of the absence of the other two members. He at once selected and appointed Elias P. Fordham and Alexander Ralston, Smweyors. and Benjamin I. Blythe, Clerk. Mr. Ralston, who had been an assistant in making the sm-vey of Washington City, possessing excellent taste as well as gi-eat skill in his profession, exerted a good iniiuence in making up the plan of Indianapolis, especially with reference to the width and regularity of its streets. Washington street, which was then, as now, the principal one, was laid oat 125 feet wide. The squares were regularly laid out with boundary lines of 420 feet, separated by streets ninety feet in width, following the cardinal points of the compass. From the exti-eme corners of the fom- adjacent squares, avenues wrere sent out to the northeast, northwest, southeast and southwest - all radiating fi'om the center of a circle known as the Governor's Cii'ole, situated on a beautiful knoll, comprising an area of about fom- acres, and sm-rounded by a street eighty feet wide. Very nearly in the center of the grant of four- sections, the original plat of Indianapolis was situated, and is but little removed from the geographical center of the State, which was probably one of the considerations in the minds of the locating Commissioners. The alternate lots proposed to be sold were advertised by Gen. John Carr, State Agent, to be sold on the 10th of October, 1821. " The sales lasted several days, and 31-1 lots were sold for the aggregate sum of $35,590.25, of which one-fifth, 17,119.25, was paid down, the remainder to be paid in fom- ecpial annual installments. The lot on the northwest corner of Delaware and Washington streets brought the highest price - S500 - and one west of the State house square sold for the next highest price - $500. Prices generally ranged between SlOO and S300."* From that time forward, Indianapolis continued to grow in coiisequence, because of the anticipated early removal of the capital effects fi-om Corydon to the place designated for that pm-- pose. The removal did not take place, however, until some anxiety began to manifest itsel E in the shape and chai-acter of ths improvements. At the session of 1824, Mai-iou County was fii-st represented in the Legislatm-e; hence, fi-om that and other considerations, the opportune moment arrived when the capital city should become the capital in fact. Attention was directed to the I matter early in the session, and, on the 28th of January, 1824, an act was passed transferring the seat of government to Indian- apolis, ordering the removal to take place, under the direction of Samuel Merrill, Esq., State Treasm-er, of the offices and State archives, by the 10th of January, 1825, fixing that day, also, for the meeting of the Legislatm'e at the new capital, the imiinished covmty court house being designated as the place of meeting. According to his instructions, Mr. Merrill, with the aid of a heavy wagon, in the month of November, 1824, traveling at the rate of twelve and a half miles a day, transferred the State Government effects from the old to the new quarters. The transfer, outside of the removal and relocation of the State officers, was scarcely a noticeable featiu-e in the appearance or condition of the town. About the time the meeting of the Legislatiire was to take place, the effect of the change was everywhere noticeable, because the incoming of nearly one himdred men, some of them with their families, was a strikingly perceptible increase in the population at that period.

The fii-st session of the Legislatiu-e hold at Indianapolis -^as in the court house, according to the order, the House of Representatives meeting on the gi-ound floor of the building, and the Senate up-stairs; and, from that period until December, 1835, the sessions continued to be held there, and, in those days, there was sufficient room.

On the 10th of Februai-y, 1831, a committee having been appointed at the previous session to that end, the Legislatm-e, on its recommendation, by joint resolution, decided to build a State house, and took the necessary preliminary steps in that direction. It was anticipated that the proceeds of the unsold donation lots would yield .158,000 - a stun deemed to be sufficient for the pm-- pose. " James Blake, Esq., was appointed a Commissioner to supervise the work, obtain plans and materials, and prepare generally for active operations, with an appropriation of $3,000 for preliminaries. The plan (for which he was avithorized to offer $150) was to include a Senate chamber for fifty members, a hall for one htmdi'ed Representatives, rooms for the Sttpreme Court and the State Library, with twelve committee rooms and the necessary appurtenances, at a cost of $-45,000." Plans were obtained from Ithiel Town and I. J. Davis, of New York, which, being reported to the Legislatiu-e of 1832, were approved, and Gov. Noah Noble, Mon-is Morris and Samuel Merrill were appointed a committee to superintend the construction. The contract was awarded to Ithiel Town, the architect, for $58,000, the work to be completed by November, 1838. Without delay, the contractor commenced work, and prosecuted it with vigor, complet ing it in December, 1835, in time for the meeting of the Legislatm-e. There were some defects in the construction as well as in the plan of the building, but, as a whole, the work was well done, and at a cost of only $2,000 in excess of the contract price. In its day, the struotui'e was recognized as a masterpiece of workmanship by all observers, and was indeed a magnificent edifice, entirely creditable to the projectors and builders. It was 200 feet long and 100 feet wide. For forty-two yeai-s the building remained, and within its walls the representatives of the people assembled, at the periods prescribed by law, to deliberate upon and devise the methods best calculated to advance the public interest in the enactment of laws demanded by the exigencies of the times. The session of 1877 was the last one held there. Soon after, the dismantling process began, and erelong its once stately form was a mass of ruins, the site to be re-occupied with a more magnificent structiu-e.