Perry County, Indiana - Chapter 17: Second Relocation of County-Seat, 1916

In the Cannelton Reporter for Saturday, January 12, 1856, appeared a lengthy editorial in humourous vein headed "A Trip to Rome and Back," which was the opening gun in a well-planned campaign looking toward a second re-location of the county seat. The discomforts of the frequent journeys which all taxpayers and citizens were called on to make to a point of such inconvenient access as Rome were dwelt upon and a "straw vote" was taken at the top of the lofty ridge from whence Troy Township travelers caught their first glimpse of the big ball then surmounting the cupola of the old court-house.

When counted, the pretended vote was announced. "In favour of removing the county seat, including the entire town of Rome (except the jail) to Cannelton, 12. Opposed to the aforesaid movement, 00." Henry P. Brazee, Jr., a clever young resident attorney of Cannelton, fresh from the lap of his Alma Mater, Indiana University, thereupon burst into classic paraphrase :

"While stands the court-house Rome shall stand. When falls the court-house Rome shall fall. And when Rome falls - Look out for a general scampering of office-holders."

During January and February active steps were taken by Cannelton and petitions were circulated all over the county prefatory to the March meeting of the County Commissioners in whom the general law of March, 1855, had vested the conditional power of relocating county seats. Prior to that time a special

On March 3, 1856, a formal petition, signed by some 1,350 legal voters praying for the re-location of the county seat at Cannelton, with a deposit of fifty dollars for employment of an architect to prepare plans, specifications and estimates for new county buildings, was duly presented by Charles H. Mason of the Board consisting of Samuel K. Groves, William Hatfield and Wyatt C. Sampson.

After hearing all facts in the case and enduring more or less patiently a heated discussion between the advocates and opponents of the project, the Board finally refused to grant the petition, taking ground that the county voters numbered 2,100 and hence the required two-thirds had not affixed their signatures. This decision of the Board was by Hatfield and Groves, overruling Sampson, who entered his dissent as protesting that the voting population could not exceed 1,800, as the largest vote ever polled in Perry County had been only 1,572, at the election of October, 1854, in a time of intense political excitement. He, therefore, held that the petition had more than a sufficiency of signatures to carry it.

It was shown in Cannelton's favour that out of these 1,572 votes 1,019 had been cast in precincts west of an imaginary line bisecting the county north and south, leaving only 553 in the eastern, or Rome's half of the county. Cannelton was practically as near this meridian as Rome and based her claim on business convenience rather than geographical position, since the actual centre of the county would have to be found in the forest some few miles west of Leopold, a site wholly beyond the bounds of serious consideration.

By curious paradox, Troy, which had herself lost the county seat to Rome in 1818, now fought vigourously to retain it there, against removing it to Cannelton, sixteen miles nearer. Such action was explained by a sentiment of revenge following the defeated scheme for creating a new county out of portions of Perry and Spencer with Troy as its logical centre, which had been voted down in 1852 by a majority which the Trojans attributed largely to Cannelton.

Rome's opposition was anticipated from the first, no one expecting her citizens to yield voluntarily their pecuniary advantages of residence at the seat of office, but the objections of Troy to a measure calculated to advance her own local interest could not be viewed otherwise than as an exhibition of vindictive antagonism, and bitter denunciations were publicly exchanged in course of the contest. An appeal to the Common Pleas Court was taken but not argued, wiser heads concluding that the subject should remain for a time in abeyance.

During the spring of 1858 another re-location petition was circulated, to which 1451 signatures were obtained, a number greater than two-thirds of the voters even assuming as correct the exaggerated basis of 2,100 fixed by the Commissioners at the former attempt, and an overwhelming majority out of the 1,793 votes cast by Perry County in the presidential election of 1856.

The American Cannel Coal Company pledged a donation of sufficient ground for the erection of all buildings required, and, looking thereto, prayed the vacating of certain portions of Richardson (Eighth) street and Seventh street in Cannelton, by a petition presented June 7 to the Board of Commissioners - William Hatfield, William Elder and James Hardin - at their regular session in Rome. But William S. Lamb - a citizen of Rome - objected to granting this petition - concerning Cannelton exclusively - and although no grounds for objection were alleged the Board held themselves technically bound by the letter of the law and refused to vacate the streets.

Such action made it plain that recourse must be had to higher power outside the county if Cannelton hoped for a fair hearing, and the next step was planned with a diplomacy purchased through the experience of defeat. Whatever arbitrary decisions the Commissioners might hand down as a Board they could not hope to silence the voice of the people at a general election, so Hamilton Smith, president of the American Cannel Coal Company, a man of superior foresight, was nominated for Representative, Saturday, June 12, 1858, by the Democratic county convention held at Alexander Portwood's in Anderson Township. The Republicans placed no candidate in nomination, regarding local issues as paramount to partisanship, but Dr. George Burton Thompson, one of Rome's lifelong Democrats, came out in opposition to Mr. Smith, showing that the fight was to the death with the citizens of his town.

At the September meeting of the Commissioners, Robert Boyd, of Cannelton, owning property adjacent to the streets asked to be vacated, entered through his attorney, Joshua B. Huckeby, a protest against the refusal of the Board in June. William Hatfield was absent on account of illness, and the other two members, James Hardin and William Elder, quibbled over the alleged technicality that Boyd had not been a signer to the original petition praying vacation of the public streets. Hardin held this to be essential but Elder differed materially from him, so there was no alternative but to pass the whole matter until the next meeting of the Board in December. The Rome people publicly declared their insistence upon every right the law could give them, and that the county seat should never be removed save under strictest statutory interpretation.

While Cannelton's astute politicians persistently announced that re-location was not a figure in the autumn campaign, it was nevertheless a deeply underlying issue and was universally recognized as such. For reasons best known to himself and his followers, Doctor Thompson withdrew from the canvass one week before election day, so on October 12, Hamilton Smith received 1,222 out of 1,694 ballots that were

Governor Willard having called a special session of General Assembly for consideration of important matters, the Legislature convened on November 20. On Monday, December 13, Hamilton Smith introduced House Bill No. 26, supplementary to Act approved March 2, 1855, providing for re-location of county seats, public highways, etc. His bill provided for relocation of county seats where lands and court-houses had been donated and petitions filed.

In his speech he explained that the measure, while in form of a general law, was for a specific purpose affecting Perry County only and was virtually an emergency case. He proceeded to set forth how during the year the large number of foreign immigrants settling in the county had built up a new community, so that the conveyances of property had multiplied to an extraordinary degree. Within a few months the examination and recording of some thirteen or fourteen hundred deeds to lots in Tell City alone would become necessary, and with the county seat at a distance of twenty miles from the centre of population the almost unanimous wish of the people favoured relocation of the court-house at Cannelton. More than two-thirds of the voters had thus petitioned, but since existing laws would not permit such a change he besought all reasonable expedition in passing the bill as introduced. After reference to a committee of five the bill was reported favourably December 22, passed and signed by Governor Willard, the news reaching Cannelton on Christmas Eve.

A public meeting was held Monday evening, December 26, in the brick schoolhouse in Sixth Street, Joshua B. Huckeby being chosen chairman and Paul Schuster, secretary. An address by Hamilton Smith then presented the exact status of the situation. Through his efforts and the special exertions of his brother, Judge Ballard Smith, the bill, which had passed the Legislature, made it necessary for the Cannelton people to build fire-proof offices, a good jail, and *to fit up the contemplated court-house for the purpose.' On behalf of the Coal Company he agreed to erect four fire-proof offices in exchange for a former donation made for the purpose of facilitating re-location, a transaction already foreseen and provided for by the enactment. For building the jail and repairing the intended court-house the act required a cash deposit of $3,500 in the hands of the County Treasurer before the next regular meeting of the Commissioners. It, therefore, behooved the citizens to busy themselves without delay in raising this amount, toward which end committees were appointed for each of the six wards, their instructions being to deposit the money with the County Treasurer in sums of $100 as fast as collected.

Subscriptions at first came in slowly and an apparent indifference seemed to exist among sundry citizens at the very moment when the coveted prize was within their grasp. A delegation from Rome, William S. Lamb, George Burton Thompson and George Perry De Weese, betook themselves to Indianapolis for strenuous lobby work before the regular session of the Legislature. Their scheme was to procure amendments to the act, raising the cash donation to $6,000 and requiring a revision of all signatures on the petition. Furthermore, they re-opened the once-tried question of organizing a new county, which, if done, would forever settle adversely any claim of Cannelton for the court-house by placing it on the very boundary line between the old and new counties. Some influential aid was enlisted in this desperate move to defeat re-location, and to the women of Cannelton must be accredited the final checkmate ensuring victory.

Signed "Many Ladies" a call was published for a meeting at the home of Mrs. Paul Schuster (Amanda Brazee) on Monday, January 17, 1859, for discussing plans to raise funds toward the aid of re-location, and the result was a three days' Fair, held January 24, 25 and 26 in Mozart Hall. This entertainment was typical of many in its period. Monday evening, a lottery with many valuable prizes, a post-office, a wheel of fortune revealing the future, fancy tables for needlework, ice cream and confectionery, besides an elaborate supper of substantials and delicacies. Tuesday evening the Fair continued, with a special concert programme at nine o'clock, and a noted professional fortune-teller, Madame L'Estrange. On Wednesday night a ball, with supper, brought the series to a gay climax and the net result of $610.47 was turned over to the re-location fund, with feminine compliments. Spurred to final effort, the balance of the amount was raised by the men inside a fortnight.

Rome's opposition, however, had not spent itself. On Monday, March 8, 1859, the Cannelton committee, John James Key, William P. Beacon and Joseph M. Gest, made the final payment to the County Treasurer, who certified the fact before the Commissioners then in regular session. Judge Ballard Smith then moved that bids for building jail and re-modeling court-house be opened for consideration, which was assented to by the Board although actively contested by Rome's counsel, James C. Veatch, of Rockport. While the Commissioners' action virtually settled, so far as in their power, the legality of the re-location enactment, an appeal was taken by the opposition, Elijah B. Huckeby and George P. De Weese giving bond in the sum of $6,000, with ample security, to prosecute the appeal before the May Circuit Court. Thus again, was the will of the majority thwarted for a time by a few stubbornly unyielding opponents holding with bull-dog tenacity to their cause.

At this term Judge Ballard Smith, whom his contemporaries pronounced one of the most polished and brilliant men ever occupying the bench of the Third Circuit, but who had declined to stand for re-election,.

was succeeded by Judge M. F. Burke, of Daviess County. Of Irish parentage, he possessed many sterling qualities of his race, a ready mind, abundant resource, free and impetuous eloquence. His promptness of decision received favourable comment in all cases during his short term of service, and the most important point adjudicated in the first term he held in Perry County was the re-location issue. The appeal of Elijah B. Huckeby et al vs. Ballard Smith et al, was dismissed, the court ruling that no appeal might be taken from the interlocutory action of the Commissioners, thus officially closing an incident most memorable.

In June contracts were let, to William P. Beacon for building the jail at a cost of $2,000, and to William McKinley, Sr., for re-modeling the school-house at $435 ; Eben Dow having prepared the plans at a fee of $10; the Coal Company making their own arrangements for the stone office building. These operations consumed the summer and in the autumn Charles H. Mason, - Joseph M. Gest superintending work - as an appointed committee, purchased all furniture and fittings.

They, with others, appeared December 7, in Rome, before the Commissioners in session, James Hardin, Joseph Cassidy and Michael Dusch, filing their detailed report which showed full compliance with every requirement of the act. Upon motion of Ballard Smith, the Board passed an order directing immediate removal of the records to Cannelton and appointing William P. Beacon to superintend the same. Some slight delay occurred through petition from Rome to have immediate transfer of the county property there to a board of seminary trustees, Elijah B. Huckeby, John C. Shoemaker and Job Hatfield, but the Commissioners deferred such action until their March session, holding that the transfer could not legally be made until the county seat was removed cle facto.

Clerk; Henry Groves, Recorder; Job Hatfield, Treasurer ; and George W. Patterson, Sheriff, thereupon removed all their respective records, books, papers and furniture, vi^ith the assistance of William P. Beacon, to a barge at the Rome landing, towed by the steamer Wave, which brought all to Cannelton on Thursday, December 7, 1859, and when safely lodged in the new buildings re-location became an accomplished fact.

The first term of court held in Cannelton convened Tuesday morning, January 3, 1860, Judge Ballard Smith presiding pro tem in the absence of Judge Lemueu Q. De Bruler, who did not arrive until the afternoon. The first motion was by Charles H. Mason, for the admission of William McKinley, Jr., to the bar. That night was celebrated by a "Perry County Ball and Supper," given in Mozart Hall by the Ladies of Cannelton - according to an original invitation still in - "on the occasion of holding the first court at the new county seat." Five hundred people were reported by the following week's paper as having participated in the gaiety which demonstrated universal rejoicing over a victory hard-fought and long-delayed, in which Cannelton's high-minded women were a factor of no slight importance.