Dubois County, Indiana - Chapter 3: Early Land Titles and Settlers, 1896

Some confusion appears to exist in the minds of land owners as to the source of title to lands within Dubois County. At one time this was a part of Canada. England however, claimed this part of North America by virtue of the discoveries of the Cabots, and her subsequent successes. A charter was granted to Virginia which included lands in Indiana. Virginia gave her rights to the United States, March i, 1784. When the Indians' title was obtained, the land was surveyed, and sold to settlers, or donated to parties or corporations that eventually sold to settlers.

The Indians' title to the lands was obtained by a treaty with them, held at Fort Wayne, June 7, 1803, except for a small part lying southwest of Holland, which was obtained by the treaty at Vincennes, August i8th and 27th, 1804.

The surveys in Dubois County, after the base line was surveyed, began as follows: Range 3, west, September 10, 1804, by Levi Barber. (This is all the land in Columbia, Hall and Jefferson townships) ; range 4, west, September, 1804, by Nahum Bewl ; range 5, west, October 17, 1804, by David Landford ; range 6, west, October 24, 1804, by Stubbs and Fowler, and south of the Fort Wayne treaty line by A. Stone, August 2q, 1805.

The Indians that lived in Dubois County are said to have belonged to the Fainkeshaw Tribe of the Great Miami Confederacy of Indians. Many scattered members of the tribe remained in th'i county until long after the white people had made their homes here. About all that remains of them now are their crumbling bones in the various Indian graveyards on the brows of many of our hills.

For various purposes the United States ceded large tracts of land in the state of Indiana to the state of Indiana, and it in turn to different parties. Among the lands granted was a part of Dubois County. The great Wabash and Erie Canal, leading from Lake Erie to Evansville, Indiana, was under construction in 1840. It passed near Petersburg, Indiana, and approached Evansville, along what is now the Evansville and Jasper branch of the L., E. & St. L. Railroad.

County were given to this canal company to help it in the construction of the canal, while other parts of the land were donated to the stale seminary, state university and common schools. Many parts of the county were low, and such land was called "swamp land."

In these swamp lands the state of Indiana had large ditches dug, drained off the water, and then sold the land. Dr. E. Stephenson, of Jasper, was swamp land commissioner, and sold many tracts for the state of Indiana.

Some of these ditches may be seen to-day, for example, the one I'ust west of Ireland, the one just west of the Mahin school house in Madison township, part of Birch Creek in Boone township, one at the corner of Boone, Madison and Bainbridge townships, one draining part of Jasper, one draining Buffalo Pond, one mile north of Jasper, one near the corner of Harbison, Bainbridge and Marion townships, and many others. The land drained by these ditches is now the most fertile and valuable, for farming purposes, in Dubois County. But we must go back to other lands. For the convenience of settlers, and those desiring to purchase the public lands of the United States in Dubois County, a land office was opened at Vincennes, in 1804; and for awhile at Washington, Daviess County, Indiana, for the canal land. To these land offices pioneers wended their weary way, purchased their homesteads, and in time obtained their first deeds, called patents, from the United States government, or from the Wabash and Erie Canal. The patents from the government were usually on a yellow parchment, that in substance resembled the head of a drum. They bear the name of the President of the United States, and are rather dignified and ancient looking documents. The patents issued by the Wabash and Erie Canal are more modern looking, and printed on a sky-blue paper. Much of this land was bought for twelve and one-half cents an acre.

The trip to Vincennes to enter land (as purchasing it was called) was often made on foot, the pioneer trusting to his rugged constitution to stand the swimming of the bridgeless streams, and to his very long flint-lock rifle for his venison and bear meat. He ate none but the best of wild meats, such as would be relished by the most fastidious epicure of to-day.

Here was a grand illustration of true manhood. This hardy, honest pioneer left the scenes of civilization, in Virginia, Kentucky and the Carolinas as "if moved by an over-ruling divinity," and came on to Dubois County guided only by the familiar blaze of the surveyor's axe, until his eye fell on the spot of his choice. Here he built his ''block-house," with some stream or sprmg near by. He got his patent, cleared away the forest about his cabin, and protected his wife and babies from the wily Indian ; from the sulky bear, the enraged wounded deer, the vicious catamount, the ferocious panther, the hungry wolf, the shrill howling coyote, the sharp eyed lynx, the grunting wild boar and many other wild animals.

Or, if he came not of Southern Cavalier parentage, he came from the busy scenes of central Europe, and landed in Dubois County a few years after the pioneer from the states named above. The chances are that he had a strong constitution, a firm determination to remain settled, a pouch filled with gold about his body, a kind heart and a willing hand that knew no fear of work. He bought out the "squatter" or more roaming disposed American and settled down to hard work.

Toussaint Dubois, after whom this county was named, came after the McDonalds, and bought their lands of the government. May 7, 1807. The McDonalds were not the owners in fee simple, but were generally known as rangers. The government deeds to Toussaint Dubois, properly called patents, were written upon the prepared skins of an animal, and call for 160 acres each, being the north half of section 3, township i, south, range 5, west. It is not known that Toussaint Dubois ever lived on the land. When the McDonalds settled in Dubois County the land had not been surveyed. The base line mentioned above was surveyed in 1804, by Ebenezer Buckingham, Jr. On October 17th, of the same year, David Sanford, a government surveyor, sub-divided range 5, west, into sections, thus Toussaint Dubois saw his opportunity of entering the land upon which the McDonalds had settled. The patent was issued after the entry and not until purchase money had been paid. The patents have not been recorded in Dubois County. These were nine inches wide and twelve inches long, and for the benefit of such readers who may never have read one, below is presented a copy of one of the patents issued to Toussaint Dubois, and now in possession of Mr. Fritz Mann, who is the owner of part of the real estate. This is the first patent issued for land in Dubois County:

Know Ye, That Toussaint Dubois, of Vincennes, having deposited in the Treasury a certificate of the Register of the Land Office, at Vincennes, whereby it appears that he has made full payment for the North-East quarter of Section number three, of township number one (South of the Basis line) in range number five (West of the second meridian) of the lands directed to be sold at Vincennes by the act of Congress, entitled "An act providing for the sale of Lands of the United States in the Territory north-west of the Ohio, and above the mouth of Kentucky river," and of the acts amendatory of the same. There is granted, by the United States, unto the said Toussaint Dubois, the quarter lot or section of land above described: To have and to hold the said quarter lot or section of land, with the appurtenances, unto the said Toussaint Dubois, his heirs and assigns forever.

Given under my hand at the City of Washington, the sixteenth day Seal of the °^ February, in the year of our Lord one thousand eight hnndred and

As the civil townships of Dubois County are bounded at the present day, the following are the first entries of land in each respective township. That these tracts mentioned below were the first entries in the township in which they lie is not always an indication that there the first settlements were made:

Columbia Township. The first land entered was the south half of the northeast quarter of section 34, township i north, range 3 west, 80 acres. Thomas Pinchens entered it on April 30, 1816. This land is in Union Valley, about the "Milburn Spring, "and near where General Harrison camped, when on his way to fight the battle of Tippecanoe.

Harbison Township. Samuel McConnell entered the southwest quarter of Section 36, township i north, range 5 west, on May 29, 1807. This joins the tract mentioned in the next township. "Taussaint Dubois Springs" are in sight of this land.

Boone Township. The north half of section 3, township i south, range 5 west, was entered by Toussaint Dubois, May 7, 1807. This is also the first land entered in the county.

Madison Township. One hundred and sixty acres in the southwest quarter of section 35, township i south, range 6 west, was entered by John Walker, June 15, 18 14. This is now the "Sweeney Farm," east of Hillsboro Church.

Bainbridge Township. On March 4, 1S16, Nelson Harris entered the southwest quarter of section 28, township i south, range 5 west. This is now the Fritz Geiger farm, and lies immediately east of Shiloh Cemetery. On this land lie the remains of Sheriff Thomas Woolridge, who wa's shot and killed on West Sixth street, in the town of Jasper, about 1842.

Marion Township. The southeast quarter of section 11, township 2 south, range 4 west, was the first land entered in this township. The entry was made by John Hall, December 2, 1818. It is now the "Warsing Farm," and lies south of the Fitter Schoolhouse.

Jackson Tozvnship. In this township the first entry was made by Philip Kimmel. On November 27, 1819, he entered the west half of the southwest quarter of section 26. township 3 south, range 4 west. This is part of the land that lies immediately south of St. Anthony, and north of the railroad .

Patoka Township. The northeast quarter of section 9, township 3 south, range 5 west, comes first. It was entered June 2, i8i8,byEli Thomas. It lies immediately south of Fairmount Cemetery. [On November 17, of the same year William Gibson, of Virginia, entered section 21, township 2 south, range 5 west, and the entire section to this day remains unbroken in his

HON. JOHN L. BRETZ, of Jasper, Indiana, Prosecutor of Eleventh Judicial Circuit, from 1884 to 1890. Congressman ot Second Indiana Congressional District from ISltl to 18'.t3.

Cass Township. James Gentry, on April i6, [8i8, entered the southwest qnarter of section 15, township 3 south, range 5 west. The new Castrup School-house No. 4, now stands on the southeast corner of this land.

Ferdinattd Township. Abner Hobbs, on August 5, 1834, entered the north half of the south east quarter section 22, township 3 south, range 4 west. This tract lies nearly two miles northeast of Ferdinand. Notice the date when Jefferson township's first entry was made. In this respect the two townships divide honors, both equally last in the entry of land, in Dubois County.

All land in Dubois County has been entered and, no doubt, paid for, but there are one hundred twenty acres of swamp lands, and one hundred nineteen acres of university lands in this county for which patents have never been issued. The owners of the land have neglected to call for the patents.