Fayette County, Indiana - Chapter 6: Ol-Kicial Rostkr of Fayktte County, 1917

Chapter 6: Ol-Kicial Rostkr of Fayktte County

The first official on the records in the office of secretary of state at Indianapolis which is credited to Fayette count}- is that of justice of peace. For some reason, and presumably because it was known that the county was just about to be organized, Governor Jennings issued a commission as justice of peace to Richard Tyner on J^ecember 25. 1818, although it was not until three days later that the General Assembly passed the act creating the county. I'>om that date there is a record of most of the county officials on file in the secretary of state's office. The commissions of all justices of peace are also on file, because the office is provided by the Constitution. For the purpose of preserving to the peo])le of Fayette county this record from the secretary of state's office the full record up to 1852 (the period of the 1816 Constitution) has been copied and is given verbatim. There is also an occasional entry of court matters and they are likewise given.

In many cases it is imjiossible to decipher the names: in other instances there is no indication as to when the officer was to assume the office for Avhich he was commissioned ; in still other instances it is impossible to tell whether an appointee is following a deceased, resigned or removed official. The first record on Fayette comity is the commissioning of a justice of the peace on December 25, 1818. three days before the bill for the creation of the count}' was signed by the governor. The record is given by years.

February _' - Kdwanl \\el)l). associate judge. March 5 - James Leviston, surveyor. -\pril 17 - John I'errin. justice of peace. April 17 - FMelding Ilazehigg, justice of peace. April 17 - James Webster, justice of peace. April 17 - John Conner, justice of peace. April 17 - Joseph Rell, justice of |)eace. April 17 - David Wilson, justice of peace. April 17 - -Joseph Hawkins, justice of peace. April 17 - Ephraim Reed, justice oi peace. April 17 - John Sleetii. justice of peace. April 17 - .'\nthon\' iunby, justice of peace.

On May 25. 1S21, an entry reads: "h'ull and complete pardon granted to Henry Myers of b'ayette County sentenced by the Honble the Circuit Court of said county at their March term, 1821, to receive one stripe on his bare back, also the fine of $9.75. Remitted. T.arceny."

On September u, 182 1, an entry reads: "Fine of $200 inflicted on Sniitli ik Kidd by the Honble the Circuit Court for the County of Fayette on a recoi^nizance for the appearance of John Harris. Remitted."

C^n July 8, 1823. an entry reads: "AVhereas. judgment was rendered against John Adair and James Adair, Sr., in the sum of $1,000 on a recognizance for the ajJiiearance of James Adair, Jr., at the term of

Favettf. Couxtv, Indiana

December 12 - Jonathan Mc('arty. recorder, to ser\-e seven years from February 2. 1826 I the two olnces were combined in I'ayette as in many other counties in the state, i

April 22 - Aloses h'a\-. justice of ])eace. .Vpril 22 - Jacob Shinkle ( ?), justice of peace. July 24 - Samuel Loi^an, justice of peace. August 27 - AV'illiam Gakhvell. sheriiT. September 24 - Thomas liinkstnn. survexor.

July 21 - Writ issued for an election on first .Saturday of .Septeml)er, 1827. to fill vacancy in office of associate judge caused by death of James Brownlee.

.Vpril .:; - Writ issued for an election on fir.st Monday of August, 1828. to fill vacancy in office of clerk caused by resignation of Jonathan McCarty.

January 6 - \Vrit issued for an election on last Saturday of February, 1829, to vacancy in office of recorder, caused by the resignation of Jonathan McCarty.

March 18 - Second writ for election for recorder issued; mistake in making returns of election : two iiighest candidates agreed to a second election rather than contest first one.

April 23 - Ebenezer Heatdii. justice of peace. April 23 - \\'i]liani Beckett, ju.-;tice oi peace. Aiio;iist 23 - (lahriel (linn, clerk, tn serve seven years from I""el)ruary 2.

T834. April 28 - Micajah Jackson, justice of peace. Alay 26 - i'hilip Mason filed resignation as [irobate judge. June 8 - F.lisha \ance. justice of peace. Julv 12 - Collin liannister, justice of jieace. July 12 - James C. Rea, justice of peace.

1839- I'"ebruary 21 - John Burk, justice of peace. April II - Isaac Ivay, justice of peace. April II - William Cook, justice of peace. June 18 - Elisha Vance, justice of peace.

Winter Scene Near Longwood

1843- February 23 - William L. Spooner, notary public. March 23 - Lewis C. Fouts, notary public. August 4 - Jonathan Shields, justice of peace.

1844. January 13 - ^John McConkey, justice of peace. January 17 - EHjah Corbin, justice of peace. March 28 - Jacob W. Blew, justice of peace. May 24 - Mirtilla Remington, justice of peace. July 17 - ^Joseph Justice, justice of peace. August 17 - William M. Smith, sheriff. August 17 - Henry Beitzel, coroner. August 23 - Charles M. Stone, justice of peace. August 23 - Charles Williams, justice of peace. October 8 - Robert G. Hedrick, notary public. December 11 - William Conner, justice of peace.

July 30 - George Woodberry. justice of peace, resigned May i, 1851. August 19 - Wilson Limpus. coroner, to serve two years from date. August 30 - Israel \\ . Conham, justice of peace. December 4 - William A. H. Tate, justice of peace. December 17 - Richard R. Nuzam. justice of peace.

August 24 - William S. Burrows, prosecuting attorney, to serve three years from August 2"/, 1848. (This is the only prosecuting attorney ever elected in the county ; he performed the duties of the circuit prosecutor, but was in reality only a county prosecutor.)

February 23 - Archibald F. Martin, justice of peace. April 19 - Joseph \i. Sutcliff, justice of peace, refused to qualify. April 19 - David Wilson, justice of peace, resigned November 17, 1851. April 19 - James M. Green, justice of peace.

Novemlier 23 - William Frwin. surveyor, to serve two years from the cx])iration of the term of the present incumbent. ( No commissions for surveyor are on record in the office of the secretary of state from September 24, 1826, and November 2^, 18^2.) "

February 17 - Benjamin F. Claypool, notary public. March 29 - John H. Ray, justice of peace. April 18 - John Beck, justice of peace. April 18 - James Hamilton, justice of peace. April 25 - William Newkirk, notary public. September 20 - E. M. \'ance, notary public.

November 8 - Henry Morris, surveyor, to serve until December 31, 1854. November 11 - William M. Smith, notary public. December 12 - Ezra Perrin, notary public. December 19 - Joseph Marshall, notary public.

The succeeding pages list the county officials in groups, giving their respective years of service. It will be noticed that up to 1901 there is no uniformity in the time their terms begin, but that after 1901 all terms except that of recorder begin on January i. The legislative act of March 11, 1901, provided that the county auditor, clerk, sheriff, recorder, prosecuting attornev, assessor, coroner, surveyor and county commissioners should begin their term of office on January i, 1902, following the term of office of the present incumbent. I'he circuit, probate, associate and common pleas judges and prosecuting and common pleas attorneys are not given in this connection, but may be found in the chapter on the bench and bar of the county. The county superintendents of schools are listerl in the chapter on education.

Clerks Of Circuit Court

The clerk of the circuit court under the 1816 Constitution had a sevenyear tenure and the length of the term remained unchanged until 1852, when it was made four years. In the early history of the county the clerk also performed the duties later assigned to the recorder by the act of 1841. In the entire history of the county there have been only two Democratic clerks, James G. T. Veach and \A^illiam Reeder, the present incumbent. In the November, 1914, election the vote lor clerk was very close, the first count giving .\mbrose Elliott the office by a majority of three over William Reeder. The election was contested and his opponent, William Reeder. was declared elected. The complete list of clerks since 1819 follows:

The office of Cdunty treasurer was hlled by api)ointment at the hands of the county commissiiniers under the 1816 Constitution, that is, from 1819 t'l 1 832. I'onseipiently, there is no record of their \ears of service in the office of secretary of state. The treasurers during this period were as follows: Newton Clay])ool, 1810-24; Samuel Vance, 1824-25; Abraham W. Harrison. 1826-27; Gabriel Ginn, 1827-28; George Davis, 1828-29; Larkin Sims, 1829-31: Henry Goodlander, 1831-47: William M. Smith, 1847-50; Joseph Clark. 1850-53. Heginning with 1853 the record has been taken from the commissions in the office id" the secretary (if state. W. II. Beck and Hen Ccile, the recent incumbent, are the onl\- Democrats elected under the ])resent Constitution. The list <if treasurers since 1853 follows:

The office of recorder has been in existence from the beginning of the county's history. Under the old Constitution the tenure was seven years and one incumbent, John Tate, served continuously from 1829 until his death in 1845. Although the legislative act of 1901 specifically provided that the term of county officials should begin on January i, the office of recorder in Fayette county is an exception to the act. The complete list of recorders since the organization of the county is as follow :

A aimplete list of the o unity surveyors has not )>een found eillier in the records in the office of the secretary of state or in the local county records. It appears that Thomas Hinkston served after 1828, but the official records coverin,ij the period from i8_'8 to 1852 have not been found, although the commission of William I'Lrwin in 1852 says that he was "to serve two years from the exj^iration of term of present incumbent." The name of this "present incuml>ent" does not appear.

Paul J. Carlos was commissioned to take the office on January i, ic;i3, but failed to fpialify and Hanson continued in office until Januarv i, 191 v

The office of county auditor was not in existence in I-'ayette county for several years after the counts- was organized, the duties later assigned to the office being transacted lay the other county officials, most of them .being in the hands of the clerk of the circuit court. Under the 1816 Constitution there was no uniformit\' in the transaction of county affairs, the Legislature pro\iding for one set of officers for one county and another for other counties, li was not until 1S41 that the Legislature provided for an auditor for l''a\ette cnunty, the lirst incumbent being Daniel Rench, an old newspaper mrui. He ser\ed from 1841 tn 1852, at which time Job Stout was elected. The first commission of Stout on record in the office of the secretary of state bears the date of November 1, 1855. The complete list of auditors since that time, together with their respective tenures follows:

County Asse.Ssors

The office of county assessor as now established dates only from 1891, the General Assembly of that year creating the office. From 1852 to 1891 the duties now performed by the assessor were in the hands of the county auditor. A county board of review, consisting of the assessor, auditor and treasurer, and two members appointed by the circuit judge, annually ecpializes the valuation of real and personal property assessed in the county. The board passes on each individual \aluation, hears complaints, and re\ises the assessment list. It also et[ualizes as between townships or di\-isions of townships and determines a rate per cent, to be added to or deducted from the A'arious classes of property throughout the township. And if necessary, the board may e\ en set aside tlie assessment of the whole county and order a new one, Init it has no ]iower to depart from tlie true casli vahie in hxinj,^ assessments. The ])rci|)eny is assessed by the townsliij) assessors, wlio work under the immediate su))er\ision of the county assessor, who lias tlie ])o\\er to list sequestereil or omitted pro]»eriy. The county assessor in turn is under the direction of tlie state hoard of tax commissioners.

There have been only four county assessors in Fayette county since iS'U. one incumbent tilling the oi'lice fc^r fifteen consecutive \ears. The present assessor is a son of the first incumbent. The foiu- assessors are as follow: H. T. Thomas. i8gi-Qj.; luiwin M. Stone. i8<)4-t)8: William T. Murray. i8q8-iOi4: Scott Thomas, since I<)14.

The office of sheriff was provided for in the (/(institutions of iSi() and 185 J. The tenure has ahvax s l)een two years in the state. It will Ix- noticed that John ( 'onner, the founder of ronuersville, was the first incumbent nf the office, his ap]]ointnient b\- the oo^ernor lieint;- dated two flays before the county was to be formally urganized. The sheriti" is the nnly count\ official who is provided with ;i liouse at the expense of the c<ninty. The list of sheriflfs follows :

The coroner's office is provided for by the Constitution and in certain stipulated cases the coroner is authorized to perform the duties of the sheriff. The office is usually associated with the medical profession, but a great majority of the incumbents of the office in Fayette county have not been physicians. If there is any one man in the list of coroners of Fayette county who deserves sjiecial mention it is John Farner. an old-fashioned German, who held the office for twenty years. .\s far as known, he had no other occupation than that of attending to the duties of the office during these twenty years, but he managed in some way to make enough to eke out an existence. The complete list of coroners since the organization of the county follows :

County Commissioners

Tiie county commissioners occui)y a \ery important place in tiie affairs of the county ant! in the ninety-se\en years which have elapsed since the county was oroanizcd they have had general charge of ail the affairs of the county. This l)ody of tiu'ee men among other things l)uild all the countx' ]>ublic buildings, oxersee the construction of mads and bridges and |)ass on all bills to be ])aid out of county funds. As stated in the succeeding list of commissioners, there was a short time in the history of the county when the commissioners were replaced by a board consisting of one justice of peace from each township in the county. This system, however, was too ex])ensive and besides the board was too cumbersome to do good work. The complete list of commissioners is given by years.

1H22 - Basil Roberts, .Stanhope Royster, Samuel \ ance, the latter, being appointed to fill a vacancy caused by the death of Tyner, was succeeded in August by Jonathan John.

1824 - Basil Roberts, Stanhope Royster, Alexander Dale. In 1824 a Ixiard composed of one justice of peace from each township, was given charge of all county aB'airs and performed all the duties formerly transacted by the county commissioners. There was a provision that the oldest justice in each township should ha^-e a seat on this county board of justices. From September, 1824, until November, 1S27, the county was governed by this board of justices. During this period the presidents of the board were as follows: Moses Fay, 1824-25; Justus Wright, 1825-26; Gabriel Ginn, September-November, T826; Marks Crume, 1826-27. The office of county commissioner was re-established by an act of the 1827 Legislature and has been in continuous operation since that date.

185J - \\'. W. Thnisher. .\. T. Beckett. Daniel H. White (until \ovember). A\'illiam H. Huston. Thrasher was succeeded by Joseph Dale in December. 1852.

Fayette count}- had its first representation in the state Legislature in the session of i8i(). the fourth regular session. This session had only ten members in the Senate and twenty-nine in the House. During- the ninetyseven }ears which lia\e elapsed since the count}- was first represented in tiie Legislature it has al\\a}s heeii iniited with one or more counties in a senatorial district, and usuall}- with one or more in a representative district. The following tahle shows the nrunes of tlie members of the Legislature representing the districts to which hayette county has been attached, the dates of their inciimbenc\-, and the countv from which thev were elected:

Senate

Fayette county can claim six congressmen who have Ijeen elected from the county: Oliver H. Smith, Jonathan McCarty, Caleb B. Smith, Samuel W. Parker, Jeremiah M. ' Wilson and Finly H. Gray. At least two other congressmen lived for a siiort time in the county, viz., Andrew Kenned}' and Samuel C. Sample.

When Fayette county was organized in 1819 Indiana was represented by only one congressman, William Hendricks, and it was not until after the congressional apportionment of 1821 that the state was first divided into districts. The first apportionment gave the state three congressmen and placed Fayette county in the third district with the counties of Randolph, Franklin, Dearborn, ^^'ay^e, Switzerland, Ripley and Delaware. John Test, of Brookville, was the first congressman of the new district and served two terms (1823-27), being followed by Oliver H. Smith for one term (1827- 2()). Test was then elected for another term, giving way in 1831 to Jonathan McCarty, who served three consecutive terms (1831-37). During his second term the state was allotted seven congressmen (act of January i, 1833). the act attaching Iviyette tci the newly created fifth district, which included the counties of Fayette, Union, Wayne, Henry, Delaware. Grant, Randolph. Huntington, Allen and Lagrange.

McCarty was followed in 1837 '^.v James Rariden, of Wayne county, who maintained his seat through two terms (1837-41). Andrew Kennedy succeeded Rariden in 1841 and represented the fifth district one term, the ap])ortionment of February 8, 1842, taking his county, Delaware, out of the fifth and placing it in the newly organized tenth district, leaving Fayette in the fourth with the counties of Henry, Union and Wayne. In the fall of 1842 the third congressman from Fayette county was elected, Caleb B. Smith, and he served three terms ( 1843-19). George W. Julian, of Wayne county, represented . the district the Tiext two years, being followed by Samuel W. Parker, of Conner.sville, in 1851 for two terms.

During Parker's first term the state was redistricted for congressional purposes with the act of February 9. 1852, Fayette being placed in the fifth with the LX)unties of Henry, Union, Wayne, Delaware and Randolph. David 1'. Holloway followed Parker in 1855 for one term and Diivid Kilgore, the "Delaware Chief" of Delaware county, served the next two terms (1857-61). The next five terms (1861-71) saw George W. Jitlian as the congressman from the district. During his term the act of h'ebruary 20. 1867, reorganized the congressional districts of the state and ])laced Fayette county again in the fourth, along with the counties of Shelby, Rush. Franklin, Union, Wayne and Hancock.

Jeremiah AT. Wilson, the fourth congressman to be elected from Fayette count}-, followed Julian in 1871 for two terms. The act of Decemljer 22, 1872, again rearranged the congressional districts, Fayette county being put back into the fifth district with Dearborn, Franklin, Union, Wayne and Randolph. This was the lirst apjxjrtionment which gave the state thirteen congressmen, the same number which it has since been allotted.

William S. Holman, of Dearborn county, followed Wilson in 1875 for one term, giving way to Thomas M. Browne in 1877. Browne ser\'ed t.h^ district loijger than any other congressman, being in congress . continuously from 1877 to i8qi. During his long congressional career two changes wer^ made in the district, but his county, Randolph, ^remained in the district with bayette. The act of March 20, 1870, made Fayette a part of the sixth district, where it has since remained, although a number of different counties have been in the district. The act of 1879 united the counties of Fayette, Delaware. Randolph, Henry, Wayne and Rush in the sixth ; no changes were made in the composition of the district with the acts of March 6, 1885, or March 6, 1891.

Browne was followed in 1891 by Henry U. Johnson, of Wayne county, who served four consecutive terms ( 1891-99). The act of Alarch 9, 1895, took Randolph and Delaware out of the sLxtli district, and reconstituted it to consist of the counties of Fayette, Henry, \\'ayne. Rush, Hancock, Shelbv. Union and Franklin.

James E. Watson, of Rush county, served five consecutive terms ( 1899^ 1909), being succeeded in 1909 by William O. Barnard, of Henry county. The act of March 5, 1901, attached Decatur count}- to the sixth district, but the act of March 6, 191 1, detached it, leaving tlie district as it was in i8()5 and as at present constituted.

Barnard served only one term ( iqoo-ii ), liis successor being Finly H. Gray, of Fayette county. Gray represented the district three terms (1911- 17), being defeated for re-election by Daniel W. Comstock, of Wavne county. Comstock began his term of two years on March 4, 191 7.