From "Lexington" by Mary Wilson and Sharon Y. Asher, published sometime after 1975.

The first permanent white settlement in what is now Scott County, Indiana, occurred in the Spring of 1805 when John Kimberlin of Virginia and his three sons, Abraham, Isaac and Daniel (1789 - 1880), settled there. They came down the Ohio River in a flatboat from Pennsylvania and landed at the present site of Madison. From there they made their way westward over the historic Cincinnati Trace, as Captain Ephraim Kibbey's road to Vincennes was then known, and settled in a tract of Clark's Grant.

This approximately 500 acre tract of land had been granted in 1784 to Captain William Harrod (1737-1801), brother of Colonel James Harrod of Kentucky, for his services under General George Rogers Clark (1752-1818) during the Revolution. However, at the time the Kimberlins settled there the land belonged to Captain Harrod's heirs and they were actually squatters. The little stream on which they built a substantial house of white oak logs is now known as Kimberlin Creek. Following the Pigeon Roost Massacre, which occurred on September 3, 1812, the house was converted into a fort, or blockhouse, to which other settlers fled for protection from the Indians. The old house site and the nearby ever-flowing spring are still to be seen today on the farm of the present owner, Luther Campbell of Nabb.

Later in the year 1805 another pioneer, Jesse Henley, who had emigrated from North Carolina to Clark County in 1800, squatted at the crossing to the Cincinnati Trace with another early north and south road, later to be called the Bethlehem-Rockford State Road. There he built a log tavern for the benefit of travelers on these early roads, which at that time were only rough trails but soon became heavily traveled thoroughfares. This crossroads tavern, on the banks of a small stream which later acquired the name of Town Creek, attracted other settlers and the spot developed into a small frontier village. Jesse Henley did not get around to buying from the Government the land where he squatted until June 20, 1809, then on August 12, 1811, he deeded it to Colonel William McFarland. In 1810 the brothers John and Jacob Stucker, who had come to the area in 1807 and settled on Stucker Creek, erected the first hewed-log dwellings there. In 1811 Colonel McFarland built the first frame house, which also served as a store. The little settlement evidently showed some promise of continued growth for we find in Deed Book A at the Jefferson County Courthouse in Madison (the county in which Lexington was located at that time) the plat of the town of Lexington, and here we quote: "The following is the plan of the town of Lexington as laid out by Jesse Henley, Esq., Nehemiah Hunt and William McFarland, within the County of Jefferson, Indiana Territory, being a part of the Southeast Quarter of Section 33, and part of the Southwest Quarter of Section 34, Township S North, Range S East. Each street in the town of Lexington to be 60 feet in breadth, each alley to be 10 feet in breadth, to remain as open and common highways forever; and Lots No. 27, 28, 33, 34, 39, 40, 45 and 46 to be and remain for the purpose of erecting any public building or sinking a well for the public benefit; provided also that no part shall ever be appropriated as a burying ground, nor subject to being disposed of by any person, but to remain forever for the express purposes granted. Each lot 90 feet in breadth and 180 feet in depth. Given under our hands the 1st day of June, 1813. Jesse Henley, William McFarland, Nehemiah Hunt."

The village continued to show a healthy growth. The town was incorporated by an act of the legislature, approved by Governor Jonathan Jennings, on December 26, 1815. The town trustees, appointed to serve two years, were James Ward, Daniel Searles, William Pringle, Samuel Patterson and Jacob Rhoads.

New settlers poured into the area of what is now Scott County at a very rapid rate. These early settlers having such long distances to travel to their respective county seats, Madison, Charlestown, Salem, Brownstown and Vernon, in 1819 petitioned the General Assembly of the new State of Indiana at Corydon to form a new county for their convenience and benefit. Accordingly, the new county was organized on January 12, 1620, by a legislative act effective February 1, 1820. It was named for General Charles Scott (1739-1813) of Virginia, a hero of the American Revolution who also participated in a number of important campaigns against the Indians along the upper Wabash River in Indiana and was fourth Governor of Kentucky from 1808 to 1812.

The new county was formed by parts taken from the following counties (whose dates of formation are also given): Clark--1801; Jefferson--1810; Washington--1813; Jackson--1815; and Jennings--1816. At the time of its formation, according to the 1820 census, Scott County had a population of 2,334 people of whom 6 were stated slaves. By far the greater portion of these residents had moved here from some other parts of the country to carve new homes out of the wilderness.

The act creating the county also appointed Commissioners who were to 1ocate a permanent seat of justice for Scott County. These commissioners were Dr. H. Maxwell, Abel C. Pepper, B. Bradley, Ralph Cotton and Harbin H. Moore. They met on March 5, 1820, at the home of James Ward in the town of Lexington and "they being duly sworn proceeded to the center of the county and also to various points from which applications or propositions for fixing said seat of justice were made and examined the same receiving and considering all propositions, donations, the extent of country, the quality of the land and prospect of future, as well as the weight of present population, together with the probability of future divisions and all other matters touching on interest of the citizens thereof...do agree that the town of Lexington.. is the most eligible and convenient place... and that the public buildings of said county shall be erected on the public square in said town for such purposes...."

This selection was appropriate since Lexington was the only town in the county. (Vienna, located five miles to the west on the Cincinnati Trace, at that time, was small and built around a pioneer blockhouse. It had not attained any size.) Lexington was strategically located at the crossing of two important pioneer highways. Another factor, which probably influenced the commissioners in their decision, was the farsightedness of the town's fathers in including a public square in their original plan for the town.

The first county officials were appointed by Governor Jennings. They were William K. Richey--Sheriff; James Ward--Clerk; John Prime--Recorder; James Loughran--Treasurer; Robert Wardell--Coroner; Samual Rankin--Surveyor; and Davis Floyd--Presiding Judge, with Edward Tucker and Jabez Reeves his associates.

Since the new county had no funds in its Treasury the following generous and public spirited citizens donated at total of $11,000 for the purposes of carrying on the various necessary county functions: Henry P. Thornton, Jacob Thomas, Edward Tucker, Thomas McCament, W H. Punter, James V. and James L. White, Zebulon Foster, James Ward, Richard Hopkins, Moses Gray, Nehemiah Hunt and William Carpenter.

The county commissioners appointed by the act were Joseph Switzer, Reuben Johnson, and Rev. John Harrod (1786-1862). Their first meeting, the March term of 1820, was held in Lexington at the home of James Ward who was appointed clerk of the Board. One of their first official acts was the division of the county into three townships--Lexington, Vienna and Jennings. The first two were named for the towns located in them and the third was named for the first governor of the State.

On March 13, 1820, the commissioners again met at the home of James Ward and appointed Henry P Thornton as Prosecuting Attorney and Jacob Thomas as Lister (Census Taker). The first county court was held at Ward's house on April 18, 1820; so, from this we can say that his residence served as the first courthouse of Scott County and from the record we see that it continued to serve such purpose until the completion of the new courthouse in 1821.

The first marriage to take place after the formation of the county was on April 1, 1820, when William Nation and Sarah Allhands of Jennings Township were united in marriage by Aaron Jennings, Justice of the Peace.

On June 17, 1820, the commissioners again met at their temporary courthouse in the home of James Ward for the "specific purpose of fixing the sites of the courthouse and It was decided to place the courthouse exactly in the center of the square and "the jail to be built seventy feet from the southeast corner of said square, the walls to run parallel to the streets of the town and the door of the jail to front to the northwest."

Then on March 10, 1821, at a special session, the county commissioners advertised for bids to construct a thirty-foot square courthouse. And at the meeting on April 20th the "proposition of Daniel Faulkner, who had built the new courthouse in Charlestown in 1817, was accepted. He agreed to build the courthouse for $4,500, to be finished in six months." The "brick work to be done in the following manner: the foundations to be of stone and to be two feet wide and to be sunk 18 inches below and raised is inches above the surface of the ground. The lower story of brick work to be 18 inches thick and 11 feet between the floors and the upper story to be 13 inches thick and 14 feet between the floors. The said building to be covered with good joint shingles of poplar timber and raised a hipped manner or form. The cupola to be enclosed and constructed to be 20 feet higher than the top of the roof and every part thereof to be done in a complete and "workmanlike manner.

By the end of the year the courthouse was finished and occupied and the nearby jail in use. The wheels of the county government apparently were running smoothly. But all was not as well as it seemed. For reasons known only to themselves certain people were not satisfied to allow things to remain as they were. They sought to have the county seat moved to some location nearer the geographical center of the county. There began a series of attempts to move the county seat from Lexington, lasting 50 years before being successful.

Late in 1822 a group of citizens petitioned the General Assembly to make such a move and an act was approved by Governor William Hendricks on January 10, 1823, the title of which was "An Act Appointing Commissioners To Relocate the Seat of Justice of Scott County." The commissioners were William Cotton of Switzerland County, Samuel Milroy of Washington County, Joseph Bartholomew of Clark County, Joshua McQueen of Bartholomew County and Andrew B. Holland of Jackson County. According to the record, they met for this purpose on June 4, 1823, "and were of the unanimous opinion that it is inexpedient to remove the county seat and therefore the said county seat remains established at Lexington." And that took care of that for the time being.

In 1830 the commissioners contracted with James Goodhue for $678.50 to make certain alterations in the interior of the courthouse, such as rearranging room partitions and erecting a platform with a railing and a judge's bench in the court room.

After their rebuff in 1923 those who opposed Lexington as the county seat did not cease their activities to make such a change. They again petitioned the General Assembly to make the desired relocation and again they were successful. The "Act to Provide for the Relocation of the Seat of Justice of Scott County" was passed and was approved by Governor David Wallace on February 12, 1839. This act provided that the qualified voters of the county at the annual election on the first Monday in August, 1839, write on the ballot the words REMOVAL or NO REMOVAL as they may think proper. If the county showed a majority in favor of the removal, then the commissioners appointed by the act were to meet at Lexington during the month of September on any day they could agree upon. The result of the election was in favor of those who proposed removal. The following commissioners were appointed by the act: Henry O. Hedgecoxe of Clark County; Joel Coombs of Washington County; Obadiah M. Crane of Jackson County; John Chambers of Jefferson County; and Allen Hill of Jennings County. They met at the courthouse in Lexington on September 23, 1839, and "proceeded to relocate the seat of justice in the township in Scott County called Jennings" on a 110 acre tract of land in Sections 15 and 16, T. 3 N., R. 7 E. "This land being the most suitable near the center of the county which they could select." This land was donated to the county "forever" by Nicholas Traylor (1772-1857) and his wife Polly. They, with others, also pledged $1,395 to be used for the purpose of the proposed move. Isaac Houghland was appointed County Agent to superintend the erection of the new county buildings.

At their November, 1939, term, at which time John Harrod was President of the Board of Justice (the County Commissioner system having been abolished previously by a legislative act), the County Agent was "authorized and required to proceed to lay off, or have laid off, at the new county seat a public square, not to exceed ten rods square." At their January term of 1840 the County Agent presented to the Board of Justices a plat of the said new county seat. The Board accepted it and unanimously agreed to call the new town "Centre Hill." Then, at their May of 1840 term, the Board "allowed Harper Cochran $17 for his services as a surveyor in laying off the town of Centre Hill, furnishing chain carriers, staker, etc."

Thus we see that a new town to serve as a county seat was authorized by law and approved by the voters of the county at a general election. The location was provided by interested citizens, funds were donated and the town plans were accepted by the Board of Justices. Why the change from Lexington to Centre Hill was never made, and why the town which existed only on paper never materialized, we will never know for the record does not state a reason. Possibly some court granted an injunction delaying the change and those in favor lost interest. At any rate, the county seat was allowed to remain at Lexington by default. The County Agent eventually deeded the land back to the Traylors.

Now comes a strange twist to complicate the picture of removal. The opponents of Lexington were more determined than ever to get a relocation and succeeded in getting the legislature to pass another bill the following year - entitled "An Act to Relocate the Seat of Justice of Scott County" which was approved February 12, 1839, and was stated to he "in force from and after its publication in the INDIANIAN, a newspaper printed at Charlestown" as Scott County had no newspaper at that time. A record of this vote has not been found but Lexington apparently won the fight once again and, for more than thirty years, was not molested again.

The courthouse, in anticipation of the projected removal, must have been badly neglected by its overseers and allowed to run down, for in 1814 we find that repairs were made to the roof and cupola "so as to prevent the house from being further damaged and that Andrew Campbell, Sheriff, be appointed to superintend the repairs." At this time a new poplar shingle roof was placed on the building.

In 1844 $250 was appropriated "to repair and remove the inside of the courthouse. James V. White, Edward Lamar, William H. English and Rees Morgan were appointed to a committee to superintend said work." The exact nature of this work the record failed to state.

As we have previously indicated, Lexington was for many years the principal town of the county. However, three towns in northeastern Scott County, which no longer exist, were each probably established with the possibility that one might become the county seat. These were Albion, New Frankfort and Wooster. At the time they were established all were in Jennings Township, but after 1867,when Johnson was split off from Jennings, they became a part of Johnson Township. Albion was platted December 12, 1837, by Harper Cochran. New Frankfort was platted February 10, 1838, by Gara Davis. Wooster was platted January 23, 1847, by Stephen Rice (1798-1882), Alfred Hays (1811- ?) and John Cantwell (1822-1900). All three owe their eventual demise to the construction of two railroads through the county. The Ohio & Mississippi (now the Baltimore & Ohio) to the east was built from 1868 to 1871 on the roadbed of the defunct Ft. Wayne & Southern which was begun in 1854. To the west was the Jeffersonville Railroad (after 1866 the Jeffersonville, Madison & Indianapolis and the Pennsylvania---this was Indiana's second oldest railroad from a legislative standpoint, having been chartered February 3, 1832, as the Ohio & Indianapolis Railroad. The route was surveyed in 1835 and at the same time a canal was also surveyed. Construction of the line was begun in 1848 under the Presidency of William G. Armstrong [1797-1858] and the road was completed and trains began running in 1852. It was in 1849 that the name of the road was changed to the Jeffersonville Railroad.)

With the beginning of construction of this railroad three new towns sprang up along its route through Scott County. The pioneer town of Vienna was replatted nearer the railroad on March 24, 1849, by Rev. John Harrod and Michael Swope. Centreville, now a part of the town of Scottsburg, was platted June 14, 1850, by Owen Broshears (1804-1866), William Estill (1811-1876) and John McTarsney. Austin was established in 1851 by Morris Sarver C1818-1884) but the plat was not recorded until May 3, 1853, by George A. Rankin, John Elsey and Caleb H. Skeel.

Following the completion of the Jeffersonville Railroad these three new towns all began to clamor for the removal of the county seat to a more advantageous location nearer the geographical center of the county. Though it is not a matter of record, it is said that Vienna was seriously considered as a possible new county seat, but the principal landowner there refused to grant a plot of ground for the courthouse. Because of the intense rivalry between the towns wanting the county seat and the strong opposition of the citizens of Lexington who desired to keep it there, no success at removal was made for a number of years.

It would seem that the public buildings of the county were continually neglected and allowed to fall into a state of disrepair. The record indicates that on September 6, 1869, "The Board of Commissioners met at the Courthouse for the purpose of examining it and reported they were unfavorable to any addition being made to the old courthouse, the walls not being sufficiently permanent to justify such expenditure. But they recommended that the roof be repaired temporarily until there can be means available for the purpose of building a good permanent courthouse with fire-proof vaults for the public records." Accordingly, the Auditor was ordered to have the proper repairs made to the roof.

For thirty years after the last ineffectual attempt at removal of the county seat the matter smoldered. Then in 1870 it burst into flame again with a fury. On September 9th of that year the County Commissioners--William Paswater, Samuel H. Close and Rolen Weldon, met and received a petition for the "removal and relocation of the county seat." The petitioners William Cravens, Sr., William Cravens, Jr., Vincent Cravens and Horatio Hazzard were represented by their attorney, William K. Marshall (1825-1902).

The opposition, called in the record "remonstrants to the removal," were Frank Foster, Rees Morgan, James Powers, Colin F. Lanham and Hamilton T. Faris. They were represented by their attorneys, Samuel S. Crowe and Robert E. Dunlap.

The petitioners gave the Commissioners deeds to three acres of land adjoining the town of Centreville, $100 for an architect, and $150 to pay commissioners to assess the damages to the town of Lexington. The affidavit of the petitioners was found to be insufficient for several reasons and, after some argument, Mr. Marshall asked to be allowed to withdraw the petition, the deeds and the money and then the remonstrants asked permission to withdraw their action, both of which were granted. Thus the matter rested briefly.

Then on December 9, 1870, the record states "comes now Hugh Loftus and others by E. C. DeVore and M. C. Hester, their attorneys, and file in court a new affidavit containing the names of 937 legal voters, out of a possible 1,580 in the county, praying for the relocation of the county seat on three acres of land conveyed to the county by Henry K. and Louisa Jane Wardell."

On the part of the opposition the record states, "Then came Daniel Smith, Frank Foster, and others represented by Crowe, Dunlap and Price, their attorneys, and filed their objection to said relocation and moved to dismiss the petition on the grounds of various insufficiencies."

After due deliberation the Board decided against the objectors and went on record as follows: "It is therefore considered and ordered by the Board of Commissioners that the county seat of the County of Scott be removed from the town of New Lexington and relocated on the said site, to wit: a parcel of ground situate in the northwest corner of the northeast quarter of the southwest corner of the northeast quarter of the southwest quarter of Section 20, Township 3 North, Range 7 East, in the town of Centreville," and the Auditor was directed immediately to notify the Governor of Indiana of their action, as was required by law.

The above mentioned "parcel of ground" consisted of 2 1/2 acres where the courthouse was to be situated and a half acre strip along the east side for the jail. The deeds conveying the land to the County Commissioners were signed by the Wardells. (For some unknown reason the Commissioners did not get around to having the deeds recorded until March 15, 1877. They may be seen today in the Scott County Recorder's Office in Deed Book X, page 60.)

Charles L. Jewett was appointed attorney for the Board to prepare immediate plans, estimates and specifications for the new county buildings: "to wit, a courthouse and county jail. Said buildings to be of brick and the county offices to be fire-proof, or as nearly so as practicable, the cost of the whole not to exceed $15,000."

On December 19, 1870, Governor Conrad Baker appointed as commissioners to examine and assess the value of the real estate owned by the county in Lexington Isaac P. Smith of Floyd County, Joseph R. Troxell of Marion County, and Huram Prather of Jennings County. Public notice of the Commissioners meeting was given through an advertisement in the AUSTIN NEWS, the official county paper. They met at the court in Lexington on January 20, 1871, and, after inspection of the buildings, assessed the courthouse, jail and appurtenances at $6,000.

Then on March 9, 1871, Charles L. Jewett reported that he had employed as architect Andrew R. Baty. Plans and specifications were examined and approved by the Board and Auditor was directed to pay Mr. Baty the $100 deposited by the petitioners for this purpose.

The following day the Board ordered that the Auditor advertise in the newspapers of Scott County (of which there were three at that time--THE LEXINGTON ENTERPRISE, THE SCOTT COUNTY DEMOCRAT, and THE AUSTIN NEWS) and post notices in six public places for sealed proposals for erecting a courthouse and jail in Scott County in the town of Centreville.

Opponents, including Frank Foster, did not remain idle. On June 10, 1871, an injunction was issued by the Court of Common Pleas of Scott County and duly served upon the Auditor and the members of the Board of Commissioners forbidding them from further proceedings in the matter of the petition of Hugh Loftus, et al, to relocate the county seat until the next term of the court. Therefore it was "ordered by the Board that further consideration of the matter be postponed until a later date."

After two years, while blood and feathers flew thick and fast as the principal actors in the drama tore into each other with tooth and nail, the Board of Commissioners advertised on March 3, 1873, by publishing in the SCOTT COUNTY DEMOCRAT and THE AUSTIN NEWS for four weeks successively and by posting notices in at least six public places for sealed proposals to erect the new courthouse and jail according to the plans and specifications on file in the Auditor's office.

On March 6th the bids were opened and the proposal of Travis Carter (1820-1901) & Company of Seymour, was accepted. "The company covenanted and agreed to furnish all materials, make, erect, build, and finish, for $13,200 in a good, substantial and workmanlike manner, one courthouse and jail, to be situated on three acres of land already acquired by the county in the new town of Scottsburgh."

Carter immediately went to work on the building and one year later he reported to the Board of Commissioners that the work was fully completed. The governing body then carried out a tour of inspection of the edifice, accepted it as complying with the terms of the contract, and ordered the Auditor to pay the builder the balance due.

The exact date that Lexington ceased to be the county seat, and Scottsburgh began functioning as such, is not known. The date of the move was thought to be around May of 1874. The county records were boxed and taken to Jeffersonville on the 0 & M Railroad and from Jeffersonville to Scottsburgh by the J, M & T Railroad. It is said that, on account of the bitter enmity existing between the inhabitants of the two towns, the change was made at night. It was feared that the people of Lexington might attempt to prevent the removal of the county records.

On June 4, 1874, the Commissioners directed the County Auditor "to sell the old courthouse square in Lexington, with all appurtenances thereto belonging" to the highest bidder after having given a sixty-day notice by advertising in the SCOTT COUNTY DEMOCRAT. On September 3rd the furniture of the old courthouse was sold at auction by Sheriff John Malick to various citizens of Lexington for a total of $53.55.

In spite of the fact that the old courthouse square and the buildings thereon in Lexington were appraised at $6,000, the county did not realize a fraction of that amount from the sale. Under the date of October 19, 1874, the following is found: "J. G. W (which stands for Jessamine George Washington) Traylor, Auditor of Scott County, reports that pursuant to a notice given in the SCOTT COUNTY DEMOCRAT, a newspaper of general circulation printed and published in Scottsburg, he did on the 12th day of June, 1874, sell at public auction Lots No. 27, 28, 33, 34, 39, 40, 45 and 46 in the town of Lexington to Alexander L. Gladden, trustee of Lexington Township, for the sum of $500, he being the highest and best (and probably only) bidder which sale is confirmed by the Board. Samuel H. Close, George L. Mercer, Gideon Johnson."

After this the old courthouse building was used as a school by the town of Lexington until it outlived its usefulness. Unfortunately, the historic old building was not preserved as a monument of the pioneering days. The sixty-eight year old structure was torn down in 1889 and a new school built in its place.

Through a legislative act, approved on January 15, 1846, the incorporation of the town of Lexington was repealed.

Return to: Lexington - A Pioneer Town