PRELIMINARY STEPS TOWARD ORGANIZATION-PLACING THE TERRITORY OF THE NEW PURCHASE-ORIGINAL OF DELAWARE COUNTY-CHANGES OR BOUNDARY-FINAL ADJUSTMENT OF COUNTY-LIMITS-DELAWARE COUNTY AS IT IS NOW-ORIGINAL OFFICERS-LOCATION OF THE SEAT OF JUSTICE.
By the treaty of October 3, 1818, with the Delaware's, the United (States?) by purchase, certain territory lying of old boundary line extending from a point on the Ohio River opposite the mouth of Kentucky River, in a northeasterly direction to Fort Recovery. Subsequently to that date, several new counties had been organized, embracing portions of the territory thus acquired, leaving unoccupied a considerable area lying east of the Second Principal Meridian, and west of the old boundary line aforesaid. Pursuant to the provisions of an "Act Relative to County Boundaries," approved January 31, 1824, it was directed "That all that part of the New Purchase lately acquired from the Indians, lying east of the Second Principal Meridian, but not included within the limits of any organized county, shall hereafter be known and designated by the name of Delaware County; and the counties contiguous thereto, and east of said meridian, shall have concurrent jurisdiction throughout the same." From that time forward, jurisdiction over territory now comprised within the present boundary of Delaware County, was exercised by the counties adjoining, as provided in the foregoing act. At that date, some progress had been made toward permanent settlement. After the lapse of three years, settlers had become quite numerous, and organization became the dominant idea. Accordingly, on the 26th of January 1827, the act authorizing the people form and operate a separate jurisdiction, by the approving signature of the Governor, became a part and parcel of the laws of the State of Indiana. That act was as follows:
Be it enacted by the General Assembly of the State of Indiana, That all that tract of country included in the following boundaries, shall form and constitute a new county, to be known and designated by the name of the County of Delaware, viz.: "Beginning at the northeast corner of Henry County; thence, due north with the western boundary of Randolph [county] to the northeast corner of Section numbered 8, Township 22 north, of Range No. 12 east; thence, west to the north-east corner of Section No. 11, Township 22 north, of Range 8 east; thence, south to the northwest corner of Henry County, and thence east, with the north boundary of said county, to the place of beginning." Section 2. The said county of Delaware shall, from and after the first day of April next [1827] enjoy all the rights; privileges and jurisdiction, which to separate and independent counties do or may properly, belong or appertain.
Section 3. Elias Poston, of Rush County; Jonathan Platts, of Wayne County; Martin Adkins, of Decatur County; Joseph Craft, of Henry County, and William Smith, of Randolph County, are hereby appointed Commissioners to locate seat of justice. Said Commissioners shall meet at the house of Goldsmith Gilbert, in said county of Delaware, on the second Monday in June [11th] next, and shall immediately proceed to discharge the duties assigned them by law. It is hereby made the duty of the Sheriff of Randolph County, to notify said Commissioners, either in person or in writing, of their appointment, on or before the first Monday in June next, for which he shall receive, such compensation out of the county treasury of said county of Delaware as the Board of Justices thereof may deem just and reasonable, to be ordered and paid as other county claims are.
Section 4. The County Board of Justices of said new county, shall, within twelve months after the permanent seat of justice shall have been selected, proceed to erect the necessary public buildings thereon.
Section 5. That all suits, pleas, plaints, actions, prosecutions and proceedings heretofore commenced and pending within the limits of said new county of Delaware, shall be prosecuted to final issue in the same manner, and the State and County taxes which may be due on the first Monday in June next, within the bounds of said county, shall be collected and paid in the same manner and by the same officers as if this act had not been passed.
Section 6. The County Board of Justices shall meet at the house of Goldsmith Gilbert, in said county, on the first Monday in August next, and then and there proceed to do and transact all such business as may be required by law.
Section 7. The said county of Delaware shall be attached to the representative district composed of the counties of Allen and Randolph, and to the Senatorial district composed of the counties of Rush, Henry, Randolph and Allen; and that all that district of country heretofore known as the county of Delaware, yet unorganized, be hereafter called and known by the name of the county of Adams.
By the provisions of Section 4, of "an act to regulate the judicial circuits," etc., approved January 27, 1827, "The County of Delaware shall be, and the same is hereby, attached to the County of Randolph, for judicial purposes, any law to the contrary notwithstanding." As prescribed by the second section of the enabling act aforesaid, Delaware County became a separate and independent jurisdiction on Sunday, the 1st day of April, A. D. 1827. On the following day, Monday, April 2, 1827, the people of the new county assembled at the place designated by the Sheriff appointed, by: the Governor for that purpose, in the notice issued and posted according to law, to vote for and choose the necessary officers to carry into effect the law enacted for their government. The result of this election was the choice of William Van Mater-for Clerk and Recorder; for Associate, Judges, John Rees and Lewis Rees; County Commissioners, Valentine Gibson, Aaron Stout and Enoch Nation, Peter Nolan being the Acting Sheriff. Under the law then in force, the county business was transacted by a Board of Justices composed of the Justices of the Peace in the county, on and after the first Monday in May, superseding the Board of County Commissioners, pursuant to the law of January 31,1824. This Board of Justices was a body politic and corporate representing the county of Delaware as such, having the authority to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any Court of Justice whatever; and to do and transact all manner of business on behalf of their respective counties assigned them from time to time by law; and were required to hold their regular sessions on the fist Mondays in January, March, May, July September and November in each and every year. In this county, however, their first session was required to be held, as directed in Section 6 of the enabling act, on the first Monday in August, 1821, at the house of Goldsmith C Gilbert, in said county, "and then and there proceed to do and transact all such business as may be required by law."
Pursuant to the provisions of Section 3 of the organic act, a majority of the Commissioners named therein met at the house of Goldsmith C. Gilbert, on Monday the 11th day of June, 1827, and proceeded to examine the several sites proposed, and, after duly considering the same, to select and designate a seat of justice for the said county of Delaware, as by virtue of their a authority directed. The result of that examination and deliberation on the part of said Commissioners, was fixing said seat of justice at the town. (Page 46-47)