USA > Iowa > Cedar County > A topical history of Cedar County, Iowa, Volume I > Part 5
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H. B. Burnap to Rochester Township. Isaac Dickey to Rochester Township. -
Samuel Gilliland to Center Township, later to Pioneer.
Mrs. Albin to - Township. Enos Nyce to Springdale Township. The Sterrett family, mother and three sons, to Sugar Creek Township. 1837.
John Ferguson to Red Oak Township. Charles Dallas to Red Oak Township. John Safley to Red Oak Township. William Coutts to Red Oak Township. John Chappell to Red Oak Township. Charles Swetland to Rochester Township. William Mason to Cass Township.
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HISTORY OF CEDAR COUNTY
George Miller to Linn Township. John Miller to Linn Township.
Nicholas Miller to Linn Township.
Henry D. Brown to Rochester Township.
James and Henry Buchanan to Cass Township.
Jackemiah Baldwin to Cass Township.
Jehu Kenworthy to Cass Township.
John and Philip Wilkinson to Center Township.
William Green to Rochester Township.
Christian Holderman to Center Township. Benjamin Fraseur and family to Center Township.
Duncan McClaren to Rochester Township.
Geo. W. Parks to Cass Township.
Charles Warfield to Rochester Township.
Peter Diltz to Rochester Township.
John Blalock to Cass Township. Noah King to Cass Township.
William Kizer to Center Township.
Abraham and Nicholas Kizer to Center Township.
Richard Ransford to Center Township.
John G. Foy to Center Township.
James Foy to Center Township.
Samuel P. Higginson to Center Township.
A. L. McLaren to Center Township. Samuel Yule to Red Oak Township.
Geo. S. Smith to Center Township.
John C. Higginson to Center Township.
J. S. Sheller to Center Township.
Moses B. Church to Rochester Township.
Joseph Wilford and son to Sugar Creek Township.
John Finch to Center Township. Jonathan Morgan to Center Township.
William H. Bolton to Center Township.
Daniel Hare to Sugar Creek Township. Milton Phelps to Rochester Township. Clemon Squires to Iowa Township. William C. Long to Iowa Township. Asa Young to Red Oak Township.
Felix Freeland to Red Oak Township.
Elias Epperson to Red Oak Township. Calihan Dwigans to Center Township. Prior Scott to Pioneer Township. Robert Pirie to Red Oak Township. Hannah Blalock to Cass Township. William Kester to Cass Township. Angeline Smith to Township.
SECTION II
COUNTY ORGANIZATION AND GOVERNMENT.
Under the territorial acts the management of the county affairs was vested in a board of three commissioners who organized immediately after the county was set off from the Dubuque county jurisdiction.38 The commissioners met at Rochester, the place fixed upon by the Territorial legislature on April 2, 1838. Richard Ransford was chosen as chairman and Moses B. Church as clerk. These records are found on a folio of foolscap paper attached to Book A of the office of Auditor. Some of the proceedings of 1838 to 1840 are so unique that they should not be overlooked. The first date of the county commissioners at Rochester is April 2, 1838; the final March 22, 1840. This closes the first "book of records" in Cedar County. The school boy today should envy the writer of these records ; such clear cut letters and ink that will never fade.
One of the first acts of the commissioner of Cedar County, Wisconsin Terri- tory, was to receive the bonds of the justices of the peace appointed by the gov- ernor of the territory, namely, given by Henry Hardman, John Blalock and George McCoy, and by James W. Tallman as sheriff. These bonds were turned over by Robert G. Roberts, who had been an officer of Dubuque County before its subdivision mentioned heretofore.
But to quote the record is the best possible way of indicating its purposes :
"Received a petition praying for a road from the northeast end of Pioneer Grove through Red Oak Grove and Centreville by Freeman's mill in the direction of Bloomington, which was laid over for further consideration" ;39 also
"Received a petition for a road from our eastern boundary in the direction of Rockingham through Centreville and Rochester in the direction of Gilbert's on the Iowa," which was laid over also. There seems to be an error here in the name of the stream, since "Gilbert's" was in Linn on the Cedar, unless there were two points of the same name. Political caucuses were held at Gilbert's in Linn and that could not have been on the Iowa river.
At this session, April 3, 1838, the county was divided into four districts by congressional townships, four in each, and election precincts were established in three of these only, the first lying in the northeast one-fourth of the county, being attached to the second in the northwest for election purposes. One pre-
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HISTORY OF CEDAR COUNTY
cinct was in Linn Grove at the house of Elias Epperson; a second at Rochester ; district number three at the house of Stephen Toney, and one at Centreville at the house of Moses B. Church. William Mason, Alanson Pope and Elias Epper- son were appointed judges of election. Mason's Grove is named for the first of these, Pope was one of the first at Pioneer Grove and Epperson at Linn. These for the district number two, to which one was attached. Green, Morgan and Kenworthy for district number three, and Miller, Walton and Whittlesey for four.
"Be it enacted that permission be given Geo. McCoy to operate a ferry over Cedar River at Rochester, and the place of landing shall be opposite to Van Buren Street."
The rates were fixed as follows :
For a wag(g)on, 25 cents.
For span of horses or yoke of cattle, 25 cents.
For man and horse, 25 cents.
For a footman, 121/2 cents.
For loose cattle per head, 61/4 cents.
For hogs and sheep per head, 4 cents.
These grand jurors were appointed by the commissioners: Alanson Pope, David W. Walton, Harvey B. Burnap, Martin Baker, Charles Whittlesey, Jona- than Morgan, Jehu Kenworthy, Solomon Knott, Henry Hardman, John Jones, William Mason, Wm. Miller, Robert G. Roberts.
The petit or trial jurors : Benjamin Fraseur, Walter Freeman, Richard Knott, John Scott, Felix Freeland, Daniel Hare, Charles M. Moberly, James Buchanan, Abraham Nix, Prior Scott, Elias Epperson, George Miller, Jr., Washington A. Rigby.
"Be it enacted by the Board of County Commissioners that they adopt a seal of which the following is an example (a circle the size of a half dollar on which the letters "C O M S" and "C C" are inscribed).
"Gave to James Tallman the following instructions :
" 'You are hereby commanded by the authority of the Board of Commissioners to take an assessment of all property in this county, and in all the counties attached 40 to this for judicial purposes, on the ad valorem system, naming the different kinds of property possessed by each individual, viz .: All horses, oxen, cows, hogs, sheep, household and farming utensils, clocks, watches, money on hand, notes due and on interest, noting all horses and cattle which are under three years of age, and all horses which are blind, and to make due return thereon on or before the Thursday next preceding the fourth Monday of next May, to the Commissioners of the County.'"
After allowing the per diem for each commissioner and for the clerk and sheriff, the session adjourned to meet the 24th of May, 1838, this being the fourth Monday. Thus ended the first session of the first governing body in Cedar County, composed of Richard Ransford, Jonas W. Oaks and Joseph Will- ford, with Moses B. Church as clerk and James W. Tallman as sheriff.
At the second session on the date heretofore mentioned the first business is stated : "The Board agreed with Stephen Toney to furnish a room in his house for the accommodation of the District Court at its first session in this county."41
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HISTORY OF CEDAR COUNTY
"Received a petition praying for a road to commence at some point on our southern boundary so as to meet a road from the mouth of Pine Creek (this was north of Muscatine) by Centreville, Halderman's, Tallman's, Mason's, to the west end of Pioneer Grove, and also a road commencing at some point on our northern boundary and thence to Oaks (Jonas Oaks) in Red Oak Grove and thence to Henry Kizer's, and thence to intersect the above road in the most prac- tical point which was mentioned at the previous session and laid over."- At this session district number one was detached from two and the precinct established at the house of Porter Mckinstry. He and John Nesbitt and Peter Taylor were made judges of election there.
"Received a petition for a road commencing at Napoleon 42 on the Iowa River and going to Rochester, Cedar County, by Felkner and Myer's Mill, which was endorsed and laid over."
"The following names were added to those formerly selected for grand jurors : Henry Buchanan, James Setford, William Green, George Smith, Abraham Kizer, John Finch, J. W. Wilkinson, William Morgan, John Blalock, Jackemiah Baldwin.
"And these to the petit jurors: James W. Potts, Stephen Toney, Nicholas Kizer, William Sterrett, Hector Sterrett, William Watson, Conrad Sweitzer, Henry D. Morgan, John S. Higginson, Robert Miller."
Road viewers were appointed at this session for the roads petitioned for at these first sessions. The sheriff was to notify the viewers of their appointment. Adjourned until May 28, 1838.
The first business at the third session reads :
"Be it enacted by the commissioners that the County of Johnson be the fifth election district and that the election precinct be at Napoleon at the house of John Mufford."43
"That Henry Felkner, Philip Clark and James Marcey be the judges of elec- tion in the fifth district."
"Be it enacted, etc., that a license to keep a tavern in the town of Rochester be given to Stephen Toney for the term of one year for the sum of five dollars."
"Received a petition for a road to commence at the southern extremity of the county in the direction of Moscow and thence to Rochester, and thence to inter- sect the road from Pioneer Grove to Halderman's."
"Received a petition for a road from Tallman's to Whittlesey's Mill, on which the commissioners considered it inexpedient to appoint viewers."
Adjourned until the first Monday in July.
(Signed) MOSES B. CHURCH. July 2, 1838.
"Be it enacted, etc., that the viewers appointed on roads be allowed two dollars per day for their services.
"Received the report of Prior Scott and James Buchanan on the road they were to view and which report was in favor of the practicability of the road from the west end of Pioneer Grove to a point on our southern boundary in the direc- tion of the mouth of Pine (river), and also of the road from Elizabethtown to Tallman's, but not in favor of the road from Red Oak Grove to Kizer's."
"An objection was presented against the first-named road from the nine-mile stake to the fourteenth-mile stake by James Foy, Stephen Toney and George .
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HISTORY OF CEDAR COUNTY
McCoy, praying for a review between the said points and that the road might pass by John Foy's."
"Washington A. Rigby, Arthur Dillon and Robert Miller were appointed reviewers."
"Be it enacted, etc., that the County of Cedar be divided into road districts as follows:" Then follows the names and description of the districts, eight in num- ber, and the men chosen to supervise the roads, their care and improvement with the assistance of the taxpayers in their district. It is well to remember that these were not section line roads, but run at any point of the compass to accommodate the population.44 From these old trails the old roads that wind in and out and refuse to follow the checker board regulation are descended, and the only poetry left from an early independence of strict regularity. These road supervisors are named from the men who are mentioned in connection with jury duty, and they suggest the scarcity of population in any part of the county. The names of the districts stick to the map: Centreville, Rochester, Rock Creek, Washington, Pioneer, Red Oak, Crooked Creek, and Yankee Run.
The seal mentioned as being adopted at the second session was changed in the July meeting. "Be it enacted, etc., that they adopt as their seal an impression made by the eagle side of a five cent piece."
Proceedings from this point are in Iowa Territory, no longer Wisconsin.
July 4, 1838, the board of commissioners did not observe in the usual way, but issued a writ that was returned with its execution in the person of the man Orrin Lewis and his child. James Tallman was appointed to care for this child temporarily. So early in the county's history some provision was made for the helpless and neglected.
"License was issued to George McCoy to run a ferry over the Cedar River until April 4, 1839, according to the tenor of permit granted him on the fourth of last April, for which he is to pay the sum of five dollars."
"Issued a writ commanding John Champaigne to leave the county, which was committed to the sheriff of the county, returned as served by reading."
July 7.
"Received notification that the family of Matthew Turner were in a suffering condition and agreed to meet at his house to-morrow morning at 9 o'clock to make provision for his relief."
August 13, 1838.
"Court convened according to adjournment."
"Received a petition for a road from Red Oak Grove by Posten's Grove to the boundary of the county in the direction of Davenport or Rockingham."45
"Petition for road from Denson's on the Wapsipinicon to county boundary in the direction of the mouth of Pine." Joseph Denson, Solomon Knott and Wash- ington Rigby appointed viewers of the roads prayed for.
And now appears the first tax levy recorded in this county, August 13, 1838.
"Be it enacted, etc., that a tax of five mills on a dollar be levied for county purposes and of one cent on a dollar for road purposes, and that the clerk make out the taxes accordingly."
"Ordered that the supervisors proceed to open the roads already established."
A WALK
THAN
*
WEST END ROCHESTER MODE
LARE
CEDAR COUNTY SCENES
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HISTORY OF CEDAR COUNTY
"The amount of taxes delivered to the county sheriff for collections were for 1838: $160.71 from Cedar County and $46.75 from Johnson County. Total, $207.46." (Johnson County was then part of Cedar so far as judicial matters were concerned.) The tax of one cent on a dollar was cut in two at the October session of the commissioners.
January 8, 1839.
"Received bonds of Christian Halderman as Treasurer."
"Delivered to the sheriff, Elishia E. Edwards, a precept to deliver to the above supervisors (road) that their term of office is prolonged."
"Be it enacted, etc., that they memorialize the legislature to pass some law by which the tax in this county laid in 1838 may be collected between the first of January and the first of April, 1839."46
January 26, 1839. "Only one commissioner present. Adjourned sine die." (Signed) MOSES B. CHURCH, Clerk.
April 1, 1839 .- "Commissioners met pursuant to law."
"Present, R. R. Ransford and William Mason."
"Be it, etc., that George H. Brown be appointed constable for Jones County to serve unto the first Monday in October, or until his successor is elected and qualified." (This is the first mention of Jones being attached for judicial pur- poses.)
"Received the report of David W. Walton, supervisor in Centreville road dis- trict, that all taxes on personal liability and for signing petitions have been paid with the exception of four dollars against Henry E. Sweitzer for signing petition and four dollars against William K. Whittlesey for personal liability."47
April 2, 1839 .- "Granted a license to Abner Arrowsmith to keep a ferry over the Cedar River for the term of one year at the town of Washington" (Cedar Bluffs ).
"Agreed with Stephen Toney to furnish a room for the next district court and to allow him five dollars for the same."
"Be it, etc., that Geo. McCoy be appointed constable for Cedar County until the first Monday in August next and until his successor be appointed and qualified."
July 1, 1839 .- "Received the returns of David W. Walton and found due to him six dollars and directed him further to prosecute the demand against Henry E. Sweitzer and make his return on the next session of the board."
"The Board laid a tax of $19.17 on Nelson Hastings for a Grocery permit for 70 days, i. e., at the rate of $100 per annum."
"Sanctioned the permit given to Warfield and Diltz and taxed them for the same $40."48
July 3, 1839 .- "Resolved by the commissioners that they allow to the jurors for their attendance at the May term of the district court, 1839, their full pay, except one day's attendance and mileage to each person, which they think is due from the United States."
"Settled all demands against the county with the exception of that of James Tallman, Geo. McCoy and the review of the road from Rochester to Moscow."
"Resolved that the clerk be requested to make out and put up in three different. places a schedule of the expenses and income of the county."49
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HISTORY OF CEDAR COUNTY
"Resolved, that the clerk be directed to write the commissioners of Johnson County, requesting them to make some arrangement in regard to the tax that has been laid by this board upon their county in the year 1838, and make their communication to the clerk of this board immediately."
"Resolved, that the clerk be required to copy the records of this Board into books to be kept as county records."50
"Taxes committed to the sheriff for collection in the year 1839 is $299.651/2."
July 16, 1839 .- "An application having been made to the Board by Charles Cantonwine for relief as a pauper, they proceeded to examine the case. It appears that the above applicant has not been a resident ten days. Ordered by the Board that the clerk issue a notice to Charles Cantonwine to leave the County of Cedar forthwith."
October 7, 1839 .- "Met pursuant to law. Geo. McCoy having been called on to act as sheriff and having refused the Board is left without an officer."
"On motion of John G. Foy it is ordered that Wm. K. Whittlesey be clerk in place of Moses B. Church. Sworn in by Henry Hardman, Justice of Peace."
"Ordered that Moses B. Church be constable during the sitting of this court."
"E. E. Edwards filed his bond and took oath as county treasurer. Bond, $500."
October 8, 1839 .- "M. B. Church presented a view of Territorial Road from Davenport, in Scott County, to Marion, in Linn (Lynn), dated September, 1839, and signed by Andrew F. Russel, Alfred Carter and Warren Stiles, commissioners, and Andrew Russel, surveyor."
"Viewers of road from Red Oak to the house of M. B. Church report road practicable, and the following have been employed on the road, viz .:
"As surveyor, John Tomlinson, four days.
"Chain carrier, W. M. Dallas, one day.
"Chain carrier, Elzy Carl, one day.
"Chain carrier, John Ferguson, half day.
"Chain carrier, Alfred Waddle, two days.
"Chain carrier, Jas. Gillan, two days."
"Markers, Charles Dallas and team, one day and a half; Andrew Ford, two days."
October 9, 1839 .- "S. C. Hastings and F. Springer, Territorial District Attor- neys, filed their bills."
October 11, 1839 .- "Ordered that Wm. K. Whittlesey, clerk of the District Court, make use of fifteen dollars to be expended in stationery for the use of the District and Commissioners' court."51
January 9, 1840 .- "Ordered that Chas. E. Swetland be constable of Cedar County, and that Stephen Toney and Samuel Carl be security on the same."
Report of the locating commissioners appointed by the territorial legislature to fix upon some point in the county for a county seat.
"We, the undersigned, being duly appointed Commissioners to relocate the County Seat of Cedar County, met upon the ninth day of March, 1840, in the town of Rochester in pursuance of an act passed at the second session of the Legislative Assembly of the Territory of Iowa, and after being duly sworn according to law, we proceeded to the discharge of the duties assigned us, and
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HISTORY OF CEDAR COUNTY
after spending some time in the county we became convinced that for the benefit of the county and the good of the citizens it was necessary to locate the county seat on the Northwest Quarter of Section Six in Township Eighty North and Range Two West of the Fifth Principal Meridian and gave it the name of Tipton.
"Given under our hands and seals this the sixteenth day of March, 1840.
(Signed) HENRY W. HIGGINS. (SEAL) JOHN G. MCDONALD (SEAL) JOHN EAGAN (SEAL)
"Recorded this 16th day of March, Anno Domini 1840.
"WM. K. WHITTLESEY,
"Clerk of the District Court, Cedar County."51ยช
It was on March 16, 1840, that a break came in the harmony of affairs. The report of the locating commissioners for the new county seat was called for and the clerk read the same,52 which report it is recorded was accepted by Daniel Comstock and William Miller, but objected to by John G. Foy. If the objection was made in a voice to correspond to his signature one would think his personal safety lay in getting as far away as circumstances would allow. The records shows that it was ordered by John G. Foy that Samuel P. Higginson be sum- moned to prove that the locating commissioners each signed the same. Then this record was crossed out and a milder form entered, where it was ordered that it be proved that the signatures were placed there this day, the sixteenth of March, 1840.53
Samuel P. Higginson was sworn and pronounced the signatures just and true. The protest of John G. Foy was placed on file and at the same time an order was made to pre-empt the quarter section selected by the locating commissioners as the county seat. When the board adjourned at this session it was in "due refer- ence to the county seat" and the clerk advertised-how, it is not stated-that those having money to loan can do so by taking an interest in the town.
At the next meeting George W. Ames presented an account from Dubuque County showing the amount of debt at the time of separation to have been $2,850, and the amount due as Cedar County's proportion was $133. This was placed on file to await advice from the district attorney.
At this meeting an order was issued to David W. Walton for services as grand juror in May, 1838. All the services of men, and doubtless animals, too, were paid for in county warrants, and Mr. Walton had evidently carried his warrant for jury service for the two years when the treasurer has sufficient cash to pay up.
At this meeting also, March 23, 1840, a communication was presented as follows :
"Gentlemen: I beg leave most respectfully to make the following proposal for furnishing the money to enter the quarter section of land on which the county seat of this county was lately located. That I will give outwright (right) to the county commissioners of Cedar County the sum of two hundred dollars for the aforementioned purpose on the following conditions : That the county commis- sioners shall come under bonds to me to make a good and general warrantee(y) deed to twenty lots upon said quarter section, said lots to be a general average of the whole as they may hereafter be laid off, and to be deeded and set off to me as
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HISTORY OF CEDAR COUNTY
soon as said quarter section is surveyed and before any sale of lots takes place. Said money to be furnished immediately in land office funds.54
"(Signed) SAMUEL P. HIGGINSON."
On receipt of this proposal the commissioners drew up a plan to accept it, making such provision as the loan required, namely, that any person making such proposal for lots must do so on certain terms which seemed equitable, in that the board were to choose nine lots, and the person proposing shall take one lot. Then the board shall choose nineteen and the proposer one, and this to continue until the full complement of twenty lots be set off as agreed, the entire quarter to be laid off into lots. We do accept the above proposal, the letter of Samuel P. Hig- ginson being a part of the same.
(Signed) WILLIAM MILLER. DANIEL COMSTOCK. Commissioners. JOHN C. HIGGINSON, Agent for S. P. Higginson.
Attest: WM. K. WHITTLESEY.
John G. Foy does not sign this acceptance and was not present at the session.
The commissioners gave their bond, which was declared null and void when the deeds for the twenty lots were furnished.
Daniel Comstock was appointed agent to procure a pre-emption right to the county seat as located on March 16, 1840, on northwest quarter of section six, township eighty north and range two west of the fifth principal meridian.
This was the last session in Rochester and it now ceased to be the county seat in any sense, for the board adjourned to meet at Tipton on the first Monday in April, 1840.55
At the first meeting in Tipton the claim from Dubuque County, presented at the last meeting in Rochester was rejected and the clerk was ordered to return the same by mail. Some of the public roads petitioned for were rejected also, and a spirit of independence assumed not quite so prominent heretofore. The license for the ferry at Washington's, sometimes called Gower's, and now Cedar Bluffs, was renewed, but the tax fixed at $12.56
The clerk, Wm. K. Whittlesey, was allowed an additional ten and one-half dollars to purchase supplies for the county. Daniel Hare was excused from pay- ing the fine imposed on him for not acting as supervisor of the roads as appointed. When the roads were reported upon by the viewers it was necessary to settle with the surveyor, chainbearers and axemen who had assisted in laying out the road, the fees being paid if the treasury had the money, otherwise in warrants numbered in order so that when money was there the warrant first in order was entitled to payment. In November, 1840, the record is made of the sale of a pauper for the period of six months, sale to take place at Pioneer Grove on December I, and the clerk to advertise the same. This sounds strange to-day, but "binding out to service" in this way was customary.
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