Madison County, Indiana - Chapter 28, 1897

Chapter 28

The Legislature of 1828-29 passed a law abolisiiing the courts of the justices, which was composed of one Justice of the Peace from each township, and provided that the county business should be transacted by three Commissioners elected in each county in the State, and made them courts of limited jurisdiction since which time there has been no change in that respect.

The first election held in Madison county under this law took place on August 11, 1829, at which time Tiiomas Mc- Cartney, Henry Seybert and Joim Berry were elected tiie liist Board of County Commissioners.

On the 19th of August, 1829, the old Court of Justices held its last session, being called for the special purpose of receiving the certificates of election of the new members of the Board, and was presided over by William Curtis, the president of the Board. The following members were in attendance : Daniel Hardesty, Daniel Wise, Richard Kinnamon. William Nelson, Jacob Hiday, Moses Whitecotton, Amasa Makepeace and John Busby.

The first business of the court was to hear and determine a contest of the election of John Berry, one of the newly elected members of the new court. The contestor, his opponent, Joseph Nichols, protested against Berry's election on the ground that the election was not carried out according to law in relation to tiie closing of the polls at the proper time. Ansel Richmond, who was clerk of the courts of the county, and also acted in the capacity of Auditor and Recorder, made up the minutes of the proceedings.

The Board of Justices, after hearing all the evidence and being well advised in the premises, decided against Mr. Nichols, and Mr. Beiry was seated as a member of the Board, and the Justices then gave way to the Commissioners and the Board of Justices became a thing of the past.

-- Ordered, that Isaac Jones be, and is, hereby appointed Commissioner, on behalf of Madison county, to locate a State road leadin<r from Shelby ville bv the way of Marion, in the county of Shelby ; (Jreenfield, in Hancock county, to Andersontown in the county of Madison, in the place of Thomas Bell, appointed by the lejfislature, January 28d, 1829, he haying declined to ser\e."

'- Ordered, that Isaac Jones. J. C. Sleeth and Henry Watts be allowed the sum of nine dollars each for their services as Commissioners in viewing the State road from Slielbyville in Shelby county, by the Falls of Fall creek to Andersontown, thence to intersect the Indianapolis and Fort Wayne State road, and M. Gosney is allowed the sinn of fifteen dollars for nine daj-s' service in surveying said road." .Sleeth and Watts were acting on behalf of Shelby and Hancock counties.

The old system of State roads \vas as much of a convenience to the pioneer as the present railways are to the present inhabitant in this the day of steam locomotion. They were all mail routes of importance, and the mail-boy was of much importance, his coming on his bi-weekly trips being anxiously looked forward to by the residents along his route.

" Ordered, tliat F. W. liichmonil and James M. Irish be allowed the sum of thirty-seven and a half cents each for making return of the jiresidential election in Xovember last.''

" Ordered, that the west line of Anderson township be moved west to the line running nortli and south between Sections IC) and IT, thence north to the Indian reservation."

funds, and, being neighborly, was willing to help their more unfortunate neighbors. The order for the contracting of this loan was entered at the January session, 1832, as follows:

"Ordered, that John Berry be, and he is hereby appointed an agent on behalf of Madison county, to apply to the Board of Commissioners of Marion county, for a loan of the funds of said county on hands, for any sum not to exceed one hundred dollars, for any time not to exceed three years, subject to be paid whenever there shall be a sufHciencv of monev in the treasury of Madison county to pay the same, and that lie apply therefor at their March session next, and that the clerk of this court give liini a certificate of his appoiiilment under the seal of this Board."

At the May session, 18-51, the Board of Commissioners ordered that the county be laid out into districts which should be represented by a county commissioner. This was when the county was composed of only six townships. Tiie order was entered of record on the ;5rd day of May, 18:5] , as follows :

" Ordered by the Board that Madison count)- be divided into three olistricts, in each of which to elect a countv commissioner at the August election, in the following manner, towit : Union and Adams townships to be known as District No. 1 ; Anderson and Jackson townships to be known as District No. 2, and Fall Creek and (ireene township^ to be known as District No. '

A Case Of Local Opiton In The Olde.N Ti.Me

" Comes now Jessie Wise and tiles his petition for a license to keep a grocery and to vend liquor at his stand in Andersontown, whereupon conies William Craycraft and others, and file their remonstrance against the Board granting any license to any grocery in the said town.

" And it appearing to the Board that a majority of tiie citizens and free-holders of said town do remonstrate against the granting of any such grocery license, it is considered by the Board that said license be not granted."

License Granted At Chesterfield

" On application and petition tiled, subscribed by at least twenty-five free-holders of the proper township, it is ordered that George Swan and John Roswell be allowed a license to keep a grocery, and vend liquors at their stand in West Union (now Chesterfield), for the term of one year."

In the early times the county did not own a magnificent farm and a palatial home for the unfortunate poor ; they were kept by persons who would take them for the labor they could perform in addition to whatever compensation the county might pay them, bidding them off at public leltings. One of these auctions is referred to in the records of the January session, 1834.

" Now comes John Berry, one of the overseers of the poor of Anderson township, and reports that after due notice, he did, on the I 1th day of December, 1833, farm out to Natiianiel Chapman, Lydia Passons.a pauper, for the term of one year for $11.75, he being the lowest bidder."

At the May session, 1834, of the County Commissioners Court, appears the record of the building of a poor house for Madison county, costing the princely sum of $20.00.

" Now comes Joseph Shannon, and makes the following report, towit : To the honorable Board of Commissioners of Madison county, building of a house advertised on the 2(jth of February and sold on the 7th day of April 1834, to the lowest bidder, to-wit : Jacob Shaul, for |20.00, he giving bond and approved security to have the poor house finished on or before the 5tii day of May, on section 15, N. E. quarter town 19, N. R. 7«E. By order of the Board."