Elkhart County, Indiana - Chapter 4: Organization, 1905

The heavens themselves, the planets, and this center. Observe degree, priority, and place, Insisture, course, proportion, season, form. Office, and custom, in all line of order.

Before describing the process of organization of Elkhart county, it may assist in our comprehension of the place of this county in general history to present a resume of the larger political division of which Elkhart county forms a substantia] and integral though in extent comparatively small part. \M:at is nov.- the state of Indiana is one of the older portions of our repulilic. For, while as a settled community, it has not the Itjng record of annals such as might be read concerning the original thirteen colonies that formeil the bulwark of our nation in its first stages of independence, yet the territory about the Wabash has long been a part of the "known world," and as such claimed by different nations in their struggle for new world empire.

The present state of Indiana was once embraced in^ that vast but largely fictitious empire known as New France, discovered by the valiant La Salle and his associates and claimed by them for King of France. This intangible and unenforced authorit}' rested tipon the inland empire from the Alleghanies to the Mississippi from the early period of the closing years of the seventeenth century until the middle of the eighteenth. During the Seven Years" war, the American phase of which is more familiarly known to ns as the l-"reiich and Indian war, and which terminated in the memorable treaty of 1763, all the possessions of France in the new world, including Canada and the region between the Atlantic colonies and the ^lississippi, came under the flag' and sovereignty of England.

For a1;out fifteen \ears subsequent to the peace of 1763, Indiana, as we now know it, continuetl under the crown of King George. Then came the American Revolution, and while its greater results were the freeing of the colonists from the domininu of the mother countrv, another notable result, often forgotten in the glorious brilliancv of the achievement of independence, was tlie acqnisition of the vast country so long known as the Northwest Territory. This region, of such imperial magnitude and to which has since been shifted the center of our republic's population and industry and commerce, was obtained by result of conquest, whereby American arms were clearly victorious, whereas we failed during the Rexolution in our attempts to conquer Canada.

It was due to the brilliant campaigns and the military daring of the young Virginian, George Rogers Clark, that the Northwest Territory was conquered. Setting out with a small force of men, under the auspices of the Virginia government, in i//i>. in a few months he had taken possession of most of the country north of the Ohio, east of the Mississippi and along the Illinois and ^^"abash rivers, including the famous post of Vincennes. and. moreover, he held this \-ast region against all subsequent expeditions of the British, so that the area of his conquest remained in American possession until the close of the war and by the treaty of Paris, in 1783. was confirmed as a part of American sovereignty.

By the famous Ordinance of 1787 Northwest Territorv was organized, and there was provided a temporary go\-ernment directed by officials appointed by Congress. Perhaps the most celebrated provision of the ordinance was the prohibition for all time of slaverv in the territory. It was also provided that six states should be formed from the Northwest Territory.

May 7, 1800, Congress, upon petition, divided Northwest Territory into two separate governments. Indiana territory l>eing composed of that region lying west of a line beginning opposite the mouth of Kentucky river and running to Fort Recovery, and thence extending due north to Canada, Indiana Territory, as then organized, included the county of Knox, upon the Wabash., from whicli has sprung the state of Indiana: from the other divisions, or counties, of the territory, have been formed Illinois. ]\lichigan and part of Indian titles to the lands of the territory were gradually extinguished by treaty and purchase, and in a tew years most of the countrv was open to the onward advance of civilization. Michigan Territorv was in the meantime set off. and by 1808 Indiana Territory, having five thousand free white males, assumed the second grade of territorial government, and in February. 1809, Congress restricted its limits and provided for a territorial legislature. Thenceforth the limits of the terri- tory were practically those of the present state. In 1816 it was ascertained that Indiana Territory possessed a population entitling it to independent statehood, and Congress therefore authorized the election of a convention to form a state constitution, and on April 19, 1S16, the forty-first anniversary of the hattle of Lexington, Indiana was formalhadmitted into the L'nion of States.

It may not he uninteresting at this point to consider hriefly a point of histor\- with which no doubt very few inhabitants of Elkhart county are familiar, and most of the events connected with which occurred before Elkhart county was a political entit}'. But had government policies taken a little different turn, Elkhart county might have been diminished in territorial extent nearly one-half and the northern boundary might to-day be running onh' a short distance north of the city of Goshen. In the early thirties the questions brought up b}' reason of this bcjundarv \evy nearly precipitated a ci\'il war and attracted national attention.

If anyone will take a map covering the area of Indiana. Ohio and ?\Iichigan, he will see that the northern boundary of Ohio is not on a line with the northern boundary of Indiana. The northwest corner of Ohio does not join the corner of Indiana, but is further down and runs a little upward, or north of east. In answering the question why this boundary is so. there is involved the history of three different boundary lines which ha\e had intimately to do with the area of Elk- . hart county.

In the Ordinance of 1787 above referred to there occurs the following sentence: "If Congress shall find it hereafter expedient, they shall have authority to form one or two states in that part id' said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan." This is known as the ordinance or old Indian boundary line, and by reference to^ a maj) it would be seen to run, acciirding to the intent of the ordinance, ten miles south of the present northern boundary of Indiana.

By the act of Congress, May 7, 1800, the north line which separated Indiana Territory from Northwest Territory divided the Michigan country into two parts, and the eastern part, known as Wayne county, was supposedly to be henceforth identified with tlie fortunes of Ohio. In a short time the population of Ohio had so increased that statehood was in sight, and in the enabling act for the establishment of a state government passed by Congress in April, 1802, the old ordii2 HISTORY OF ELKHART COUNTY

Wayne county was thus left out in the cold and was attached to Indiana Territory. In 1803 Governor Harrison formed a new Wayne county which comprised almost all of what is now ]Michigan. North and east it was bounded by Canada, but on the other sides it was bounded by a "north and south line through the western extreme of Lake Michigan" and "an east and w^est line through the southern extreme of the same." In Jantrary, 1805, Wayne county was formed into Michigan Territory, with boundaries the same except that on the west the line extended through the center of Lake Michigan.

In the meantime the people's knowledge of geography had increased sxj that the citizens of Ohio and Indiana well understood that the northern boundary as laid out on the ordinance line would cut off a larg^e and valuable slice of territory from their respective commonwealths. Agitation was increasing and the attention of the authorities at Washington was being drawn out to this controv'ersy on the frontier wilds. Finally, yielding to the urgency of the Oliioans, the president ordered a survey, which was made in 1816. However, the line was run, not according to the president's direction but according to the proviso of the Ohio state constitution, from the southern extreme of Lake Michigan to the northernmost cape of Maumee bay. This is known as the Harris line, and its north of easterly course marks the present northern boundar_\- of Ohio, thus accounting for the irregularity mentioned above.

But now comes the third northern boundary line. \Mien Congress admitted Indiana as a state it fixed the northern boundary by a line drawn due east and west "ten miles north of the southern extreme of Lake Michigan." ^Michigan Avas thus deprived of a strip ten miles wide and a hundred miles long, an area which very materially affected the size as also the political history of the northern fringe of counties in Indiana.

As far as Indiana was concerned tlie question of boundarv was the occasion of \-ery little furtlier anxiet}-. and by cnngressional act the northern line of the state was accurately and authoritativelv surveyed in 1827, the \-ery year in which Elkhart county was occupied bv its first settlers. But between the territory of Michigan and the state I'.f Ohio in particular raid of Indiana incidentalh- there was waged a bitter contest, which at one time rose to a situation of armed camps and actual warfare. The Harris line cut off from Michigan a very valuable and thickly populated piece of country, and the people of tlie territory by no means readily acquiesced in its cession to Ohio. The final settlement cannot be described in these pages, but an account of it is full of national interest and involves many serious problems of national politics during the thirties and forties. In fact the boundary dispute delayed the admission of Michigan into the Union, the act for its admission not teing approved until 1836, and even for some years thereafter the Michigan statesmen did not allow tlie matter to entirely rest.

During the dispute Indiana had no occasion to act save through her representatives at \A''ashington. Her northern boundary had been fixed satisfactorily to herself, and she rested in the authority of the national government. She naturally sympathized with Ohio, and the matter was discussed more or less by her public men ; but that was all. ^^'hatever struggles might have been had afterward, the main dispute which actually existed was between Michigan and Ohio, and wholly with regard to the tract east of Indiana. The ten mile strip which had been given to Indiana was another matter, it was bounded by a different line from the Harris line. The matter was no^ doubt discussed in Elkhart county, and a certain interest was taken in it here; for the citizens were intelligent people. Their influence was exerted through those who represented them in the state legislature and in Congress. But the scene of action was too remote for it to cause any great excitement here. The county was more interested in her own development than in anything else, even politics were lost sight of in tlie united efforts of all parties to develop the resources of the county, her northern boundary had been fixed by Congress, and she rested secure in her organization.

Thus far we have mentioned the county and townships of Elkhart as though they already existed at the earliest day: but they did not. They were only in possibility, not in fact; only in potentiality, not vet in actuality. During the late twenties many settlers had come, but they were a law unto themselves. And well was it that they possessed the Anglo-Saxon genius for law and order and the "enjoyment of mine without injury to thine;" otherwise there would have been anarchy. But though the early settlers were in a sense without law they were not against law, and at the proper time steps were taken toward county organization.

Among the constantly manifested traits of the American pioneers in iheir pushing out into new and undeveloped countries, always remained the sense of social order, and with the building of primitive homes m the wilderness and the clearing of the forests there were always present the jjrinciples of common law and free political institutinns. Therefore hardly had the settlers established their primitive hiinies -.vithin the confines of Elkhart county when the forces of order caused the people to effect legal organizatiim.

Tlie iirominent men among the early settlers were in touch with the state ruulmrities. and in due time the legislature was api)rised of the existence (.)n the northern border of a comnninity desiring political <.rganizatii)n. Accordingly in the legislative session of 1829-30 an act was passed and was approved in January, 1830, incorporating the ciiunty of Elkhart. The following limits were prescribed by the act: district of countr}' within the following boundaries shall form and constitute the county of Elkhart, to wit: Beginning on the north line of. the state, \\here the center line of range 4 strikes the same, thence east to the line dividing ranges 7 and 8, thence south to the line dividing townships 34 and 35 ncarth. and thence west to the central section line of range 4 east, thence north to the place of beginning."

These are the limits of the county as the}- exist to-day. This county has not. in fact, experienced the usual mutations of boundary and territorial extension that have been true of many other counties, and in its general dimensions as in its township di\isions it has remained unchanged for over half a century. During the twenties .\llen county comprised the territory from which were later created the counties of Elkhart. Noble and LaGrangc. St. Joseph county was organized at the same time with Elkhart, and to them were attached, for county purposes, tlie region since divided into Lake. Porter, LaPorte. La- (Irange. Steuben and Kosciusko counties.

By the act of legislature organizing the county a writ of election was also issued, md during the spring of 1830 the citizen voters of Elkliart coiun}- chose three justices of the peace to administer the affairs of the county. It is necessary to explain that during the first months of the county's existence the civil administrative powers were vested in a lioard of justices. This board was abolished bv legislative act on January 19, 183 1, and at the same time the board of commissioners was l:rought into existence.

civic community. In the office of the county auditor is an old record book, much smaller than the ordinary ponderous tomes used for recordmg official matters; its pages bear the stain marks of age, and as one turns over the leaves he can but feel a becoming reverence for the writers who liave long since passed from the stage of action. The chii'ographv in this book is by no means its least interesting" feature, fur although it is marked with the quaint and curious flourishes df the time its labored characters show the earnestness antl honest worth of the pioneer men upon whom devolved the direction of the county's affairs, h'rom the records in this liuok can be traced a fairl)- consecutive historv of the work oi organization of Elkhart count}' and of many other events which should form part of the annals of the county.

Under date of June 28, 1830, the following record is of interest : "The board of justices for the county nf Elkhart met at the h<_iuse of Chester Sage in said county, the jjlace appointed Ijy law for tloing county business." This first county seat was located in the present city of Elkhart, on the bank of the St. Joseph river, just where the iMain street bridge crosses the stream. Thus it appears that Elkhart city has the honor of being the first C(iunty seat, and indeed at the time unfler consideration Goshen had not yet come into existence.

One of the first acts of the Ixiard of justices was the division of the county into two townships, and the following record will show how that was done: "Concord township shall include all that part of the county northwest of a line beginning at tb.e western boundary of the county between townships 36 and ^j and running thence east to the line between 6 and 7, thence north to the state line, and all that part of the county southeast shall be included in Elkhart township." From this it would appear that Concord township included what are now Cleveland, Baugo, Osolo, Concord, Washington and Jefferson townships. Thus instead 01 drawing the dividing line straight across the countv lietween townships 36 and ^J, a block of almost two townships, now called Aliddlebury and York, was set upon Elkhart townshi]). which made tlie area of the latter division much larger than Concord township. Did we not have the actual records of the board ])efore us, as above cjuoted. this division would seem almost inexplicable when taken in connection with subsequent township divisions. At the same time this boundary line explains the word "sontheast" employed in the above record, and without doubt marks the two original townships as the justices intended they should be. However, on the organization of Middlebury township, noted lielow, the phraseology used is, "Ordered tliat aU that part of Concord township in ranges 6 and 7 be set apart and known by the name of Middlebin\\- township." But range 7 was ne\'er constituted, so far as we have record, a part of Concord township, so that a disci epancy at once arises between the records and the resuhant facts. 1 he explanation which suggests itself most readily is that the clerk omitted the phrase "and of Elkhart township" directly after "Concord iMwnship" in the alx)\-c sentence; or that, in a day when the written wiird was onl}- a poor symbol for pioneer logic and deed, "in ranges 6 and 7" was meant to be construed as including all that part of the county l}'ing north of the line between townships 36 and ^y and in Elkhart county. At the best, it is a mere interesting liit of ancient history in this county.

In Elkhart township was included not only all the rest of the county as at present constituted but, for voting and other purposes, LaGrange, Xoble and Steulien counties on the east, and Kosciusko ci:iunt}- <:)n the south.

It may be well at this point briefly to show how the present townships were carved from the original two. The first important change w.is made at the session of the lioard of justices on July 13, 1830, when ail the terrilnry east of Elkhart proper was f(irmed into a separate township and given the unwieldy Indian name Mong-go-ciua-nong, and so remained until the counties of X'oble, LaGrange and Steuben were erected therefrom.

Jackson township was the first township to be erected with limits as they are to-day. This is a full congressional township and as such is designated township 35 north, range 6 east. This organization for civil purposes was effected in Xo\ember. 1833, and Colonel John Jackson was chosen the first justice of the peace.

In May, 1833, the commissioners made the following order : "That all the territory lying south of Elkhart county and attached thereto be designated and set apart and known by the name of Turkey Creek township." Thus the old Elkhart township was again limited in extent, and a short time afterward Turkey Creek township became Kosciusko county, with which the history of this county has no more to do.

Another division was effected by the board in March, 1834, when Middlebury township was set apart from all that part of Concord township lying in ranges 6 and 7. The new division thus comprised that

In January, 1835, Concwrd townsliip suffered another large diminution of her original bounds. At that time all that portion of the county lying between the Michigan line on the north and the St. Joseph river on the south, St. Joseph count)- on the west, and range six (the western limit of Middlebury as above hxed ) on the east, was organized as an independent township, and was duh- named Clex-eland.

Middlebury township as first constituted soon became too populous to remain as a single township, and on Alay 5. 1833, the commissioners ordered that all that portion of the township lying in range 6 be constituted a township and named ^^'ashington. It was not long until this new division was also divided.

In the progress of organization we now revert to the southern part of the county, where Elkhart township becomes divested of a large and fertile district. On November 2, 1835, tlie commissioners ordered that all the country in congressional township 35, in range 7, be known by the name of Benton township, and by this act the extreme southeastern corner was set off and designated as it is to-day.

The county now rapidly assumed the Ixjundaries with which we are familiar at the present time. In the commissioners' record of March, 1836, appears the following : " Ordered that all that part of Elkhart county west of range 5 east and south of the Elkhart river be set apart and known by the name of Baugo township." It therefore comprised that strip of country, three miles wide, on the western edge of the county, where now are seen three townships, and during the first years the fractions of the townships now in St. Joseph county were attached to Baugo township.

At the same session of the commissioners, in March. 1836. an order was entered forming township 37 north, range 5 east, into Jefferson township. This division, created from the original Washington township, is a full congressional township, except the triangular piece of section 31 cut off' bv the Elkhart river, and which. b\- order of the board, became a part of Concord township.

The board met again in May, 1836. and directed that " a portion of Elkhart township in range 7 be set apart and be known by the name of Clinton." Elkhart township was by this restricted in size to three congressional townships, and at the September meeting in 1836, township 36 north and range 5 east was constituted into Harrison township.

In JaniKiry, 1837. the original township of Cleveland was divided, and township 38 north and range 5 east, south of the state line, was set apart and named Osolo township.

In JNIarch. 1837, Union township came into legal existence by order of the commissioners. And on the same date and in direct consequence Elkhart township was reduced to its present limits, being, technically, tow-nship 36 north, range 6 east.

Y^ork township came into existence at the same time with Union. This is the fractional township 38 north, range 7 east, originally a part of Middlebury, which, as one of the oldest and most extensive townships, on this tlate took on the limits by which it is sfill known.

Two more tow'nships remained to be formed. Under date of November 5, 1839, the commissioners directed that " fractional township 36 north, range 4 east, be set ofT from Baugo township, it now Ijeing a part thereof." and named Olive. According to a former history, this township formerly comprised thirty-six sections, but about 1840 the western half was detached and given to St. Joseph county. There is no authority for this statement in the county records, as the alwve quotation therefrom shows.

Locke township, the little division in the extreme southwest corner of the county, was the last to be formed, and it had a somewhat varied experience before organization. It is said that in the early days its citizens, si3 far at least as election purposes were concerned, had tc.i go into Harrison township to vote; they next voted in L-nion township, and then in Olive, and finally, in June, 1841, they were set off to themseh'es, the record being as follows : " Ordered that the congressional township No. T,^ north of range 4 east, in the county of Elkhart, and state of Indiana, and the same is hereby set off as a civil township to itself for the purposes of transacting" township business for said township: and it is further ordered that said township be known by the name of Locke: and it is further ordered that an election be held in said tow-nship on Saturday, the 24th day of July, 1841, for the purpose of electing a justice of the peace."

Such is a brief account of the evolution of Elkhart countv from an unorganized region into its present shape and its present order and arrangement of to-wnships. With a county maji before one the preceding description of the formation of townships would not be entirely prosaic reading, especially to one interested in the annals of bis countv. Now, however, we may turn to some other matters relating to the countv in its organized form.