Posey County, Indiana - Chapter 4: Organization of County, 1913

In December, 1818, Vanderburgh was formed from parts of Gibson, Warrick and Posey, thereby reducing Posey county to her present boundaries, with an area of 420 square miles, or 268,800 acres.

In the year 1800. when the Territory of Indiana was formed, it contained only the four counties of Knox, Harrison, Clark and Dearborn, but when Indiana was admitted as a State, it was composed of thirteen counties, viz. : Wayne, Franklin, Dearborn, Switzerland, Jefferson, Clark, Harrison, Washington, Knox, Gibson, Warrick, Perry and Posey. At that time Posey county was so thinly settled that she commanded very little attention. The official returns of the population of Indiana on December 4, 1815, showed the inhabitants of Posey county to be 1,619, but, as may be seen from the following records of her growth in population, Posey county was destined to have a steady natural growth, viz.: 1816, 2,240; 1820, 4,061 ; 1830, 6,540; 1840, 9,583; 1850, 12,549; i860, 16,147; 1870, 19,185; 1880, 22,057; 1890, 21,529; 1900, 22.333; 1910, 21,670.

The first session of court was held at the house of Absalom Duckworth, about five miles north of the present site of Mt. Vernon. It was convened Monday, January 6, 1815. In the record it is called the Court of Claims. It was really a court to do the business of the county, similar in nature to our present board of county commissioners. It was presided over by Isaac Blackford, with Thomas E. Casselberry and Dann Lynn, associate judges of the county.

William Prince, on the day court was convened, was appointed prosecuting attorney, which position he held until 1817, when he was elected judge. He was succeeded by David Floyd as prosecutor.

"We, the commissioners appointed by a special act of the General Assembly of the Indiana Territory, for to fix on the permanent seat of justice in Posey county, do certify that we, the undersigned, have selected 320 acres of land, to-wit : The northeast quarter of section Number 30, in township Number 6 south of range Number 12 west, also the southeast quarter of section Number 19 in township south of range Number 12 west, a beautiful situation and excellent soil. We do certify to the honorable judges of Posey county that the above named is land selected for your permanent seat of justice of Posey county.

This was to be the county seat of Posey county. Its location was about a mile north of Caborn Station, now a station on the Louisville & Nashville railroad, in Marrs township.

Samuel R. Marrs, after whom Marrs township was named, was appointed county agent. It was the duty of the county agent to receive the lands and to perform such other business as was the custom in those days.

The court ordered that this seat of justice for Posey county be called Blackford, and instructed the county agent to lay out the town into town lots in a certain manner. Then came the advertisement for the sale of the lots on the first Monday in March following. Eight lots adjoining the public square were to be sold at $40.00 each, those on Main street at $20.00 each, and the others at $12.00 each. Twelve months' time was given in which to make final payment on the lots.

The county agent was ordered to receive on the same day, at the house of Absalom Duckworth, proposals for the building of a court house and jail, plans for same having been adopted at this same session.

The first orders for money to be paid out of the Posey county treasury were in favor of Thomas E. Casselberry for $102, and Jacob Landers for $60, money loaned to the county.

It adjourned at once to meet at the town of Blackford, the new county seat, as William Hutchinson had offered the use of his house free of rent.

The contract for building the county jail was given to Samuel Jones for $565, and the contract for the court house to Jacob Weinmiller for $125, each giving bond for the fulfillment of his engagement.

Another sale of town lots was held on the first Wednesday after the third Monday in June, 1815. The out-lots were to be sold at $12 per acre. Thomas E. Casselberry was appointed to survey the lots and the county agent was ordered to advertise for bids for the clearing of the lots.

In November William Hutchinson was allowed $6.00 for whiskey furnished at the auction sale of town lots. Considering the fact that whiskey was quite cheap in those days, twenty-five cents per gallon, we would imagine that $6.00 would purchase enough to make them all feel rich, or liberal at least.

William E. Stewart, county clerk, was allowed $63.00 for his services fpr the year; Thomas E. Casselberry, associate judge, $46.00; Dan Lynn, associate judge, $35.00, and William Prince, prosecuting attorney, $4500.

In May, 1816, Jacob W'einmiller, having completed the court house building, offered it to the court for acceptance, which was refused, and John Stapleton and Elsberry Alexander were appointed to inspect the building. They reported that it had not been built according to contract.

The jail building was accepted after deducting $100 from the original contract price. So that the cost of both jail and court house amounted to $582. It goes without saying that the buildings were constructed of logs in the style of the times.

Under the new State law the county business was to be done by three county commissioners. These commissioners were Samuel R. Marrs, Thomas Robb and Abner Coates. Their first act was to fix upon a county seal, which had the words, "Commissioners' Seal of Posey County."

Samuel Jones was appointed treasurer of Posey county for one year; David Love was allowed $42.50 for assessing the taxable property of Posey county for the year 1816. William E. Stewart, the first clerk of Posey county, was allowed $23.50 "for ex-officio services for the year 1816, and for the rent of his office eight months," showing that our first county officials were compelled to provide themselves with offices and serve the county at very small salaries.

In March, 181 7, the places for holding elections were fixed and the inspectors appointed as follows : For Marrs township, at the house of William Hutchinson, with Elsberry Armstrong, inspector; for Black township, at the house of Thomas Givens in Mt. Vernon, with Samuel Jones, inspector ; for Lynn township, at Harmonie, with Elias Allitzer, inspector; for Robb township, at the house of Langston Drew, with Thomas Robb, inspector; for Smith township, at the house of George Smith, with Miles Armstrong, inspector; for Wayne township, at the house of Mr. Johnson, formerly the house of Mr. Long, at the fork of the Cony branch of the stream, in said township, with Daniel Miller, inspector. In May of this year Samuel Jones was appointed county treasurer, which office he held until 1822.

The people soon became dissatisfied with the location of the county seat at Blackford, and demanded that it be moved to a more central place. In order to change the location an act of the legislature was passed, appointing a committee for that purpose. At a session of the board of commissioners, held on the twelfth day of May, 1817, the following report of the commissioners appointed to change the location of the county seat was received :

"We, whose names are hereunto subscribed, being appointed by the legislature of the State of Indiana, to fix the permanent seat of justice for Posey county in the said State, did meet at the house of Elias Allitzer on the day appointed by law, and after being first sworn have proceeded to examine and explore the said county in different directions ; have received proposals of donation in land from different persons ; have maturely considered their several advantages and situations, together with the extent of the county, the advantages of the soil, the weight of the present as well as the prospect of the future population and future divisions : have selected 100 acres of land, a donation given by Frederick Rapp, on which to fix the permanent seat of justice for said county, it being the southeast quarter of section 33, in township 5 south, in range 13 west, and to lie on the south side of said quarter section from corner to corner of the same, it being near the center (of the county) and an eligible situation for a town, do make this our report of the same to the county commissioners of Posey. Given under our hands and seals this 22d day of February, 1817.

"ISAAC MONTGOMERY, "HUGH McGARY, '-ADAM HOPE, "JOHN BRAZELTON." The board met on the twenty-fourth day of May and approved the plan of the new town, and ordered that it be known and designated as Springfield. Frederick Rapp was appointed county agent and ordered to lay out the town and advertise a sale of lots to be held on the fifteenth of July, also at the same time to receive bids for the building of a court house and jail.

Lots facing the public square were to be sold at $100, and back lots at $12 each. This was the beginning of Springfield. The new town immediately began to experience quite a boom on account of being the county seat. Another sale of lots was held in October following, and a large number of lots were sold, the buyers being among the best citizens of the county. The agent was ordered to keep up the clearing of the land until November. Samuel Jones, treasurer of Posey county, took out a license to keep a tavern in the new town and everything seemed flourishing. At this sale of lots Thomas E. Casselberry furnished $7.00 worth of whiskey.

In November the county board met for the first time in Springfield, although there was no public building in which to iiold court. However, it is likely that there was a building of some kind that was used by the officers for a court house, as an order for $16.50 appears in the record in favor of Alexander Hindman for laying a floor in the court house in Springfield. The contract for building the county jail was given to Abner Coates for $458. It was built on the same plan as the old one at Blackford - a two-story structure of hewn logs, the first story of double log walls and the top story of single log walls. The first story was called the dungeon, and the top story the debtors' prison. Imprisonment for debt was then lawful in Indiana.

Frederick Rapp, county agent, resigned and Thomas E. Casselberry was appointed in his place and served something over one year. In November, 1818, he reported the proceeds from the sale of town lots as $2,866.25, which would indicate that there was a good demand for property in Springfield. Good clay for making brick was found at the town-site and James P. Drake, who was made county agent to succeed Thomas E. Casselberry, was ordered to let the contract for making the brick and delivering them to the public square ready to be used in building the new court house. As the board had plenty of money from the sale of town lots, which could not be used for anything except public buildings, they decided to build a good, substantial court house.

The contract for making the brick and doing the mason work was given to Joseph Spaulding. The building was to be forty feet square and two stories high. The contract for the carpenter work was given to James Carter, but Frederick Rapp took his place and finished the building. This house is still standing, was converted into a school building several years ago, and is still used for that purpose. The total cost of the building was about $4,500. This was the first brick court house built in Southern Indiana.

Elias Roberts, one of the leading attorneys of the county, was appointed county agent, but he did not hold the office long. His successor was Alexander Mills. James P. Drake collected during his term as county agent $1,087.50 for lots in Springfield; Elias Roberts, $1,175. In November, 1820, Alexander Mills reported the proceeds from the sale of lots, collected by him. as amounting to $750. He was succeeded by Peter Saltzman in May. 1822. and John Schnee became the county treasurer, succeeding Samuel Jones.

business instead of a board of three commissioners. Their first session was held in September, 1824, and was composed of the following men: Peter Jones, William Moffatt, Robert Denny, Josiah Downen, James Conlin, Joseph Spalding, William J. Lowry and Peter Saltzman.

Although the town of Springfield was a central location for the county seat it did not have the natural commercial advantages to make a flourishing town. In those days the rivers were the commercial thoroughfares of the country. Mt. Vernon, being thus advantageously situated on the Ohio river, rapidly grew into prominence as a trading point and soon surpassed every town in the county, while it was plainly evident that Springfield had nothing in its favor that would ever give it any importance except the fact that it was the county seat.

In February, 1825, the legislature passed a law authorizing a change in the location of the county seat of Posey county, and appointed a board of commissioners for that purpose. This board of commissioners made their report to the board of justices on special session on the tenth of May, 1825.

Accordingly, at this same session, the clerk and recorder were directed to move their offices to Mt. Vernon, suitable buildings having been procured for them.

The first session of the county board held in Mt. Vernon was convened on Monday, the fourth day of July, 1825, and was made up of the following men : James Conlin, William Moffatt, Jonathan Robinson, Robert Denny, John Graddy, James Dunn, William J. Lowry, James Swift, Peter Jones and John Williams. John Graddy was president. Their first act was to order the sheriff to dispose of the court house and jail at Springfield at public auction. The court house was sold to Darius North for $380 and the jail to William Hutchinson for $10.

Liberal donations to the count}' in land in and around the town were made by Jesse Y. Welborn, John Burlison and Darius North in order to secure the location of the county seat at Mt. Vernon.

The value of town lots in Springfield had depreciated in value and to reimburse the property owners the legislature in May, 1827, passed an act for their relief. Town lots were not so much in demand as they were in Springfield and the lot sale was a little slow.

In 183 1 the law was changed so that the county business was again transacted by three commissioners, but four years later it was changed again, giving the board of justices power and authority to transact the county business.

fire-proof clerk's office for $2,580. It was completed and accepted in June of the next year. It was located near the southwest corner of the present court house.

In January, 1837, the contract for building a new jail on the public square was given to Eben D. Edson and Charles Hovey for $3,800, but Arza Lee soon after assumed the responsibilities of the contract in their stead and completed the job on time. It was located near the east door of the present court house.

In 1839 the board of three commissioners came into power again. In that year a strip of land 87 feet wide was laid off along the north side of the public square into four lots and offered for sale.

At the organization of the State under the new constitution the counties were to be governed, and ever since have been, by three commissioners.

In March, 1855, Jolm R. Hugo was given the contract to build a new jail for $7,603. It was to contain four cells, was to be built of brick and iron, and be attached to the old jail. It was completed and received by the commissioners in November, 1855. It remained in use until the present one was built in 1878 at a cost of $17,700. The building consists of a prison and sheriff's residence combined. The sheriff's residence, occupying the front of the building, is built of brick and the prison is built of heavy limestone with a roof composed of iron and slate. There are fourteen cells, separated into five wards, the doors, made of grated prison iron, are made secure by the May lever locks, the levers all terminating at the main entrance to the prison, from which place they are operated.

The present court house was built in 1876 at a cost of $95,000, including an iron fence enclosing the square, the fence having been replaced since by concrete curbing. The building is 105 feet in length from north to south and 75 feet from east to west. The base of the building and the cappings and sills used in ornamenting the windows and doors are of stone brought from Bedford, Ind.

The building is of of Romanesque style of architecture, with a roof of slate and copper and has a handsome dome with an apex reaching 119 feet above the foundation. The first story of the building contains the county offices and is made entirely fireproof by the use of incombustible materials, and rests on a system of arches, affording a very substantial foundation.

The court room, which is located on the second floor, is in the form of an elliptical circle, with a gallery surrounding it. Its acoustic properties are exceptionally good.

Judges of the Common Pleas Court - John Pitcher, from October, 1852, to November 5, 1866; Andrew L. Robinson, from November 3, 1866, to November 4, 1867; Morris S. Johnson, from November 4, 1867, to July II, 1871 ; William P. Edson, from November 6, 1871, to July 13, 1872; J. B. Handy, from November 4, 1872, to March 12, 1873. This court ceased to exist after 1880. The State causes in the common pleas court were transferred tcj the jurisdiction of the circuit court.

Alvin P. Hovey (appointed by Gov. Joseph A. Wright), from September 21, 1851, to April, 1854. (Appointed to fill vacancy on supreme bench. May 18, 1854.)

William E. Niblack, from 1854 to March 29, 1858; Ballard Smith (appointed to fill vacancy occasioned by the resignation of William E. Niljlack), from March 29, 1858, to April, 1859.

William F. Parrett (api)ointed by Gov. Thomas A. Hendricks to fill the vacancy caused by an act of the legislature deposing David T. Laird), from March 7, 1873, to January i, 1889.

that now devolve on the recorder. In May of that year Thomas B. Holt was elected recorder and served to 1855. ^'^ successors have been George R. Latham, 1855, serving but two months ; John D. Hinch to 1863: George W. Thomas to 1867; F. A. Pentecost to 1875; Philo A. Hutchinson to 1879; Aaron Lichtenberger to 1883; Vincent Cartwright, 1883 to 1891 ; John E. Anderson, 1891 to 1899; George W. Price, 1889 to 1908 ; G. W. Thomas, 1908 - present incumbent.

Sheriffs - John Carson to 1817 ; William Boyle (one year) ; James Robb (one year) ; Aaron Bacon (four years) ; John Carson (four years) ; Felix Mills (four years) ; William James (four years) ; John Cox (two years) ; Felix Mills (four years) ; Aaron C. Moore (two years) ; John Patterson (two years) ; Joseph Showers (two years) ; Felix Mills (six years) ; Joseph Showers (two years) ; Aaron Lichtenberger (two years) ; Alexander Crunk (four years) ; John S. Wheeler (four years) ; Alexander Crunk (four years) ; Edward S. Hays, August 31, 1883, to August 31, 1887; Samuel C. Dixon, August 31. 1887, to August 31, i88g; Edward E. Highman, August 31, i88g, to August 31, 1893; Holman Freeman, August 31, 1893, to August 31, 1895 ; Paul Maier, August 31, 1895, to August 31, 1897; Enoch E. Thomas, August 31, 1897, to January i, 1902; James F. Mc- Fadden, January i, 1902, to January i, 1906; Alonzo K. Grant, January I, 1906, to January I, 1910; Joseph M. Causey, January i, 1910, to January I, 1914; Marshall H. Hall, January i, 1914 - now serving.

Prosecuting Attorneys, Common Pleas Court - Henry Kaiger, 1852 to 1854; Joseph P. Edson, 1854 to 1856; E. M. Spencer, 1856 to 1858; William P. Edson, 1858 to i860; E. M. Spencer, i860 to 1862; Ellis Lewis, 1862 to 1864; Charles G. Bennett, 1864 to 1868; William M. Hoggatt, 1868 to 1870. After 1880 the State causes were transferred to the jurisdiction of the circuit court prosecutor and the office ceased to exist.

County Surveyors - John Talbert, Matthew Williams, Ebenezer Phillips, William F. Phillips, J. W. Whitworth, Aaron Baker, Moses Johnson; Thomas J. Johnson, March i, 1881, to March i, 1891 ; William H. -Whitworth, March i, 1891, to death; Ezra Stephens (by appointment to fill unexpired term) ; George W. Sarlls, March i, 1893, to January i, 1899; Elias Anderson, 1899 to 1901 ; George W. Sarlls, 1901 to 1903; Thomas J. Johnson, January i, 1903 - still serving.