While the proprietors of their newly purchased land were busy preparing for the sale of lots, the state legislature on December 11, 1823, passed an act creating the county of Allen, with jurisdiction over what is now Wells, Adams, DeKalb, and Steuben counties and portions of Noble, LaGrange, Huntington, and Whitley counties.[4] This area included practically all of northwestern Indiana. The name of Allen county was suggested by John Tipton, who was an ardent admirer of Colonel John Allen, the gallant Kentuckian who, after aiding in the relief of Fort Wayne in 1812, lost his life at the battle of the River Raisin in Michigan.
Barr and McCorkle awaited the organization of the county government, after which they proceeded with the work of securing returns on their investments. At this time there were no streets beyond beaten paths and driveways which had, by chance, come into accepted use whenever one man chose to walk or drive over a route taken by another before him. However, with the laying out of the streets for the future town, the site assumed an air of order and enterprises. There was work for all.
The legislative act creating Allen county took effect April 1, 1824. Six days previous to this date, four state commissioners arrived to select the seat of government for the new county. Throughout the West the various town promoters frequently fought vigorously to have their community selected as county seat. This usually led to fierce rivalries between neighboring towns. However in the case of Allen county, Fort Wayne faced no competition due to its dominant position in location and population, it being the only village of any size in northeastern Indiana. These commissioners, in accordance with instructions from the state legislature, held their session at the tavern of Alexander Ewing, known as Washington Hall, and soon completed the formalities of their mission.
The first election of county officers occurred on May 22. Previous to this, Governor William Hendricks had named Allen Hamilton to serve as sheriff of Allen county. The election of county officers was held in accordance with the sheriff’s proclamation. Although partisan politics did not enter into it, the race was a heated one, as indicated by the attempt of the defeated candidates to contest the election.
The voters selected Samuel Hanna and Benjamin Cushman for associate circuit court judges; Anthony Davis for clerk and recorder; and William Rockhill, James Wyman, and Francis Comparet for county commissioners. Alexander Ewing, a rival of Samuel Hanna, and Marshall K. Taylor, who ran against Comparet, contested the election, claiming that there was an unfair count of the ballots. However, they failed to prove their charges.
At the first meeting of the commissioners, John Tipton was appointed to the important post of county agent. The commissioners also fixed the following figures to regulate the rates to be charged by tavernkeepers, who were required to pay an annual license fee of $12.50 to conduct their business: Dinner, breakfast, and supper 25 cents; keeping horse, night and day, 50 cents; lodging per night 12½ cents; whiskey, per half pint 12½ cents; brandy, per half pint, 50 cents; gin per half pint, 37½ cents; cider, per quart, 18 cents.
The board also decided upon the following rates for assessment on personal property for the year of 1824: Male person, over the age of 21 years, 50 cents; horse or mule, 37½ cents; work oxen, 19 cents; gold watch, $1; silver watch, 25 cents; pinchbeck watch, 25 cents; pleasure carriage, four wheels, $1.50; pleasure carriage, two wheels, $1.00.[5]
Treasurer Holman reported that in 1824 the county was entitled to $111.62 from taxes. The state at that time, and for a long period to follow, paid a bounty on all wolf scalps taken; the certificates thus issued were receivable for tax payments. For the first years, nearly all the taxes of Allen county were paid off in these certificates, a clear indication of the wild nature of the Fort Wayne area.
The first session of the Allen County circuit court was held beginning August 9, 1824, at Ewing’s tavern, with Judges Cushman and Hanna presiding. The records of the opening years of the county’s judicial history reveal the fact that very few of the leading citizens escaped indictment on charges of selling liquor illegally, larceny, assault and battery, gambling, defamation of character, or trespassing, while the civil and chancery cases were numerous from the beginning.[6]
The report of the first grand jury, which was received no doubt with complacency by the community, would if duplicated at the present time precipitate official investigations and loss of positions. But it reflects the spirit of the time in early Fort Wayne. Both of the associate judges were indicted for minor offenses. Of the nine defendants charged with illegal sale of liquors, the large part were men whose names are synonymous with the builders of early Fort Wayne. Six of those accused of the illegal sale of liquor paid fines of three dollars, while the remaining three drew fines of four dollars each. Apparently it was well worth such small fines to be able to trade with the Indians, and the practice continued.