Annals of Jackson county, Iowa, Vol 1-6, Part 41

Author: Jackson County Historical Society (Iowa)
Publication date: 1905
Publisher: Maquoketa, Iowa, The Jackson county historical society
Number of Pages: 1202


USA > Iowa > Jackson County > Annals of Jackson county, Iowa, Vol 1-6 > Part 41


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There were two long, low windows, one on each side. A tall person had to stoop slightly on entering the door. On the north was the teacher's rude table or desk. the same on Sunday serving for a pulpit. It was not plaster- ed nor shingled, but board covered roof. In winter sod was laid on to make it warmer, and the sides were banked up nearly as high as the windows. In summer the roof was quite verdant. The desks were a wide board on each side and across east end with three rudely constructed benches in front of same, some extra ones in front of these without desks, no backs to any of them. But there was no upholstering, nor more than one or two rocking chairs in any home then.


The first school was in the summer of 1842 taught by Miss Dennison, a sister of Mrs. Doctor Usher, with whom she was visiting. The only dis- tinct incident I remember about the school, she was a pleasant person and on the first day, and my first in school, when Helen Wright ( Billups) and I were called up to read, she in her seventh year and I in my sixth, she had the spelling book opened to the ab-abs. We read and said nothing, but felt quite humiliated as we could read quite fluently having been taught at home. She soon found out our attainments. The scholars of that summer I do not positively remember. Mary McCloy (Mrs. Mitchell), her sister Julia who died when 12 or 13, Maloa Current ( Mrs. Henry Taubman), her sister Harriet deceased, Mary Pangborn (Mrs. Fred DeGrush), her sister Sarah ( Mrs. Horace Salter). There were children of Mr. William Phillips, Boliver, Jackson, Margaret, Nancy and John, living nearly a mile north; children of Mr. John Clark, living a mile east, Catherine Susan and John: Huen and Melvina Brookfield, Mrs. Stuart, Jane Gay (Mrs. John Morris. ) These are the first I recall, while others that attended later in the old


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school-house if not a few of them then, were children of William Mont- gomery, Armanda. Melinda and Thadeus; of Dominic Johanna, George and sister Caroline, I think. Jerome Efner, a son of Dr. E .: children of Achillis Gordon, Emily. Sallie and Stephen; of Abraham Livermore, Julia (Mrs. Wendell), and a brother Abraham: children of Elial Nims, Nathan- iel and Elizabeth: of Mr. Fairbrother, the name of the oldest I cannot recall, Laura (Mrs. Taubman), Harriet, Aaron and Hannah Esterbrook ; children of Asahel Hall, Henry and Charles, Edwin, a cousin, also Ormund Plato; the Van Horns, Joseph and Frank, Phebe McCloy (Mrs. Fred Dun- ham, William Redmond. Henry Lamson, Catherine Earl, who became the wife of the first male teacher, Mr. Dorr.


There were probably others I do not recall. The winter of 1843-4 I know the room was well filled, for having left my book at home it was sent over by a little brother 4 years old. He said on going home the teacher asked him to stay. When asked why he did not stay, said there was no room on the board to sit. He was told that he could take his little chair and go over if he liked, which he did. The other women teachers were Miss Marcia Nickerson (Mrs. Dr. Hubbard) of Monmouth, Miss Mariette Esterbrook, Miss Mary Lamson ( Mrs. Alonzo Spalding) The summer of 1846 was the last term of school in the old log school-house. I think Mr. Dorr taught two winters. The winter of 1844-45 a Mr. Steen taught per- haps a month. He was not at all liked and Mr. W. P. Bowers took his place. Mr. C. T. Lamson taught the first school in the brick school-house in 1846-47, and Mr. Bowers the next winter. There was a pond just east of the school-house which afforded a skating place at recess and noon time in winter. There were spelling schools. at which to be the champion, one ranked as high in the estimation of the people as the local champions in athletic games at the present day. Wood for fuel was supplied by the pa- trons of the school. Salaries or wages of teachers paid by the patrons in proportion to the number of pupils they sent. and number of days in at- tendance. There were debates and temperance meetings in the old school- house. The M. E. and Congregational churches was there organized.


There were the circuit riders, good faithful men, sometimes unletter- ed, as well as others more fully equipped for their work. My mother in the earliest times was often chorister. and my father started the fire Sunday mornings, and the family down to the baby was at the services. At first there were but few hymn books and the minister lined the hymns reading two lines at one time. The room was lighted in the evenings by candles brought by the liberal hearted.


On the 16th day of Jan., 1907, Mrs. Kelso wrote to Mr. Ellis as follows: Mr. J. W. Ellis


In the summer of 1842 (June) when my father moved from Bellevue to Maquoketa, Mr. Goodenow's log house stood near or on the corner of Main and Platt streets. A log cabin belonging to a bachelor Brown near where Mrs. Eliza Reeves' house stands, that eighty was bought by Mr. Spaulding. Mr. Jasen Pangborn's log house near where the house now stands. My fath- er hewed a log or block house where the Shaw block stands, but not on the street. These are all that were in the village. Mr. McCloy a mile


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south, Mr. William Current west, Mr. William Phillips north. My father having been in the mercantile business for two years in Bellevue brought his stock of dry goods, groceries and drugs and placed them in the front part of the house-the first store which he continued for a time. There was so much fever and ague, there was a demand for drugs, unless herbs were used. Quinine came then as extract of Peruvian bark a black salvy mixture in cups to be formed into pills. Having been in the drug business previously my father was prepared to prescribe. The second store was kept by Mr Marr, south of Mr. Goodenow's house a few rods. The first frame house I think was built by Mr. Livermore. MRS. S. F. KELSO.


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Concerning Briggs Monument. Washta, Iowa, February 14th 1907


Prof. J. W. Ellis,


Secretary and Curator Jackson County Historical Society.


Dear Sir: Your letter of the 16th inst. was duly received. Immediate consideration thereof was deferred by the sudden illness and death of a near relative. In reply to your communication I should like to compliment the Historical Society of Jackson County upon the laudible motives in under- taking the movement toward the erection of a monument to the late Gov. Ansel Briggs. It is a great pleasure to note that the work of securing an appropriation for such a memorial has been taken up by the representative body from Jackson county where the Governor spent so many years of his life.


As a lineal descendant I heartily endorse its action and appreciate its efforts and I hereby give my consent to the removal of the remains of the Jate Ansel Briggs to the State of Iowa, providing a suitable appropriation can be secured. An appropriation of ten thousand dollars has been epeat- edly suggested by many representative bodies of the State The Pottawat- tamie county bar association, The Pioneer Lawmakers, and many old rep- resentative men of Iowa have said that Governor Briggs had done much for the state out of his own pocket and, that Iowa should not be parsimonious when dealing on the matter of memorializing Iowa's first Governor.


Many editors of the western part of the state have written articles fav- oring a memorial movement. Shaw, Allison, Dolliver, Dodge and Governor Cummins have all enthusiastically expressed themselves in favor of a befit- ting memorial to Iowa's first governor but the consensus of opinion has al- ways and persistently been that the memorial should go to Des Moines. However, I should feel greatly esteemed and consider it a strong endorse- ment to have the Jackson County Historical Society go ahead with this movement, and I am sure its loyalty and enthusiasm would not permit it to be content with a smaller appropriation than that suggested for some other place.


I have two brothers, John S. and Ansel S. Briggs, but I know there would be no difficulty in securing their consent to this matter. The remains of my grandfather lie alongside those of my father in a very fine lot in Pros- pect Hill cemetery at Omaha, but there is nothing to mark the grave. How- ever the people of Omaha have always been proud to speak that lowa's first governor and Nebraska's first governor rested in this cemetery and Omaha newspapers have repeatedly said it belonged to Iowa to do something to honor her first governor.


I have forwarded your letter to my "mother, Mrs. John S. Briggs of Omaha, who if you so desire will also communicate with you. I wish to thank you personally for your'interest and effort in behalf of this move- ment . I would deem it a favor to receive from you a reply and advice of anything I might do toward the furtherance of this movement. I am,


Most respectfully yours, MRS. ALEX. D. ROBERTSON.


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passed at Bot appro elección the they mig urbers.


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County Seat Contests in Jackson County.


Written by Hon. William Graham for the Jackson County Historical Society.


The county of Jackson was organized by the legislature of the Territory of Wisconsin when Iowa was part of that domain. Belleview was made the county seat and it remanied the county seat when Congress organized the Territory of Iowa. In the year 1840, the Territorial Legisature of Iowa at its extra session held at Burlington in July, appointed three commissioners to locate the county seat of Jackson county as a majority of them might agree, "having reference to the geographical centre, water, timber and the welfare and convenience of the present and future population," and pro- viding "That the site selected shall be the seat of Justice from and atfer the first day of December next: Provided that "until suitable buildings are erected at the place selected as the county seat, the district court shall be held at the town of Belleview."


Just what proceedings were taken under this act the writer is not ad- vised, nor does he know whether there is any record of the proceedings of the commission, but on the 15th of January, 1841, the legislature at its regular session amended this act by appointing different commissioners, who were authorized to select a site and give it a name, and that when they had made such selection a special election should be held to determine whether the site so selected, or the original county seat, should be the per- manent seat of Justice, at which election each voter should mention viva voce the place for which he wished to vote. The law also provided that when the result should be ascertained, the Board of County Commission- ers should borrow enough money to purchase from the government the quarter section selected by the commissioners, and pay interest thereon at not exceeding forty per cent. and with the money enter the quarter sec- tion selected under the preemption Act, and then after surveying the land and laying it out in lots, sell enough of them to build public buildings and refund the money borrowed to enter the land, but the District Court should be held at Belleview until the public building should be erected.


As under this law a quarter section was selected near what was claimed to be "the geographical centre, " and named Andrew, and as the county seat was removed to that place, and Courts were held there outil 1851. it is pre- sumed that the election was carried in favor of Andrew, and that the mon- ey was borrowed, and the town surveyed. At any rate, Andrew was the county seat until 1851.


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The third General Assembly of the State of Iowa at its regular session passed an act approved February 5th, 1851, providing that at the next April election the legal voters of Jackson county might vote for such points as they might think proper, and if any point received a majority over all -the others, then such point should be and remain the premanent seat of Justice of such county. But if no point received a majority then a special election should be held on the first Monday of May between the three points receiv- ing the highest number of votes, and if no point received a majority of all the votes, then another election should be held on the first Monday in June, between the two points receiving the highest number of votes, and the winner should take the county seat. Whether there was more than one election held under this law, the writer is not advised, but he never heard of any special election under it. At any rate the county records were moved back to Belleview, which in the meantime had, by the authority of the Legislature, changed the spelling of its name from Bellview to Belle- vue, and no attempt to move it was made until 1857.


In 1856 the late Nathanial Butterworth laid out a town plat, on his farm something less than a mile from the centre of the town of Andrew, and named it Centreville. The law had been changed as to provide that on the presentation of a petition sig ned by a majority of voters of a county asking for the re-location of the county seat, the county judge must order that a vote be taken at the next April election between the place named in the petition and the existing couny seat. Mr. Butterworth presented such a petition and Judge Spur ordered the election to be held in April following. People living in the town of Andrew were not enthusiastic for the establish- ment of a county seat, so near their town and vet, outside of it, and joined with Bellevue to defeat the application, and Centerville lost by a majority of about 180, so Centerville passed into history. No person ever lived in the town; nor was there ever a building of any kind on the town site: nor was any lot ever sold and the town plat was vacated not long afterward.


Squire William Morden had laid out the town of Fulton in the early tif- ties. and a petition was presented to the county court in 1857, asking for a vote at the next April election, for the county seat between Fulton and Bellevue, and the vote was ordered accordingly; but although the contest was sharp and vigorous, Bellevue won by a majority of twenty. A contest was begun by the Fulton people alleging that a sufficient number of illegal votes had been cast in the town of Bellevue to change the result. The action was by proceeding in quo warranto, and the friends of Bellevue re- torted that more illegal votes had been cast in Farmers Creek and adjoin- ing townships than would balance the illegal votes cast in the eastern part of the county. As the case was never tried, the truth cannot now be ascertained. Both parties continued to be of their own opinion. For my own part, I never doubted that there was a great deal of truth in the allegations on both sides. I recall going over to the polling place in Belle- vue, the old court house on election day. Capt. E G. Potter was one of the trustees, and was at that moment receiving the ballots offered. John A. Weston owned a large timber lot in Illinois, on the islands opposite Bellevue, and as I arrived he brought up his wood choppers, about thirty in


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number to vote. I remember one of them, a German, about fifty years old who could speak no word of English. As he handed his ballot to Capt. Pot- ter, the captain asked him. "What is your name?" The voter said "Pell- few." "No," said the Captain, "I don't want to know what you are vot- ing for, I want to know your name." The German thinking him hard of hearing raised his voice and answered "Pellfew." The captain tried him again-"where do you live"? The anwser came louder still "Pellfew." The captain appealed to the crowd "does anybody know this man's name?" The German thinking the captain very deaf shouted in tones of thunder "Pellfew." The captain gave it up, and putting the ballot in the box said to the clerks, "John Smith, " and it was so recorded. The votes in the riv- al towns were greater than they ever polled before, or for some years after. I was one of the attorneys for the defendants in the quo warranto proceed- ing and we were always ready for trial, and why it was not tried was never explained to me.


'The same year 1858, a petition was presented to the county court asking for a vote at the next pril election between Bellevue and Andrew. The legislature of 1858, had changed the time of electing ail officers to the gen- eral election in the fall leaving no officer to be elected in April. In fact the last election was held in 1858. No April election was held in 1859 or 1860. Judge Kelso, then county judge, held that the April election had been abol- ished, and refused the application. No appeal was taken and matters re- mained in statu quo until 1860


When the political conventions of 1859 were held, Judge Kelso was beaten in the democratic convention bv Charles Rich of Maquoketa, and the republicans nominated Joseph H. Smith, of Andrew, and the old set- tler, Smith, beat the new comer, Rich, at the polls, though both were pledged to order a county seat election wherever a petition should be pre- sented. In the spring of 1860 such a petition was presented by such a ma- jority of voters that no attempt was made to tile a remonstrance other than enough to give standing in court for the attorneys who appeared to oppose the application. I think the remonstrance was signed by only a half dozen voters. J Y. Blackwell elected himself the commanding officer of the An- drew forces, and was ably seconded by Judge Bradley. C. M. Dunbar and A. L. Palmer. As for myself. I was satisfied that this petition was sutti- cient in form, and was signed by the requisite number if voters, and wbeth- er it was or not, Judge Smith would order the election, and further that when the election should be held, Andrew would win out by a large major- ity. I therefore declined to take any part in the legal fight. Judge Booth and Judge Kelso represented Bellevue in the county court. My part in the contest was editing the Bellevue paper in conjunction with the late W. L. Redmond through the campaign.


While the application was pending in court, Jerry Jenkins, then Sen- ator from Jackson, in the state senate, called at our office in Bellevue one morning and after some conversation we went over to the court house to- gether and on entering the court room it was evident that the fight was waxing hot. Judge Smith was just saying "I see the pint, Judge Booth, go on, I see the pint." Thus encouraged Judge Booth, went on with


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great warmth and earnest gesticulation. It was one of the peculiarities of this gentleman that when speaking rapidly, he would sometimes substi- tute for the word he wished to use and was certain he did use another of similar sound and so in trying to impress on the mind of the court that the proposed action would be a nullity, he wound up his argument with the as- tounding assertion, " Beside sir, if your Honor, sir, should grant such an or- der as this, sir, it would be a perfect nudity, sir, a perfect nudity, sir, a per- fect nudity. "


As the Judge resumed his seat the Commander-in-chief of the Andrew force rose with great dignity and with the assurance of complete victory written all over his countenance, and putting both thumbs in the armholes of his vest, and majestically clearing his throat began; "Your Honor, I dont' see anything in this case for my friend Judge Booth to take odium at." Then replacing his thumbs in his armholes and clearing his throat with greater majesty than before went on: "If the Court please, we have made out a perfect case of prima facieousness anyhow." With that Sena- tor Jenkins grasped me by the shoulder saying, "Lets get out where we can laugh." And a few minutes after we got into the hall the bailiff came out to inform us that our laughter was disturbing the deliberations of the Court


About two weeks before the date set for the election Judge Dillon held a term of court at Bellevue. At about eleven o'clock of the second day he interrupted the counsel who were trying a jury case with "We will postpone the further hearing until afternoon. I understand that there are a number of persons here who wish to be naturalized." Then addressing the audience who tilled the cours room, said, "If there is anybody here who wishes to be naturalized let him stand up." And everybody outside of the bar arose as one man. Both parties had scoured the county. and about four hundred were naturalized at that term There was no failure on either side for want of witnesses. The writer knows of one person, now a large land holder, who had arrived in America from Luxemburg in October, 1860, who was told that he ought to go down to Bellevue and get his first papers-that is to declare his intention of becoming a citizen-who went home from court that evening with full naturalization papers in his pocket, thanks to the vigilant care of Fred Scarborough, the clerk of the district court, and he has been voting on these papers ever since.


Just before the election an attempt was made by the Bellevue people to enjoin the holding of the election, but Judge Dillon refused the writ, though urged by both Judge Booth and Judge Leffingwell in speeches of remarkable force. Henry O'Connor appeared with the advocates of Andrew's claims. The excitement increased in intensity as the date of the electoin drew near. In fact, ir a statement in the Bellevue paper was correct, it came near having tragic consequences In the issue just preceeding the election that paper lamented the personal feeling that was manifested, and stated that on the Saturday before active hostilities had broken out between the contending forces and that one of the Bellevue volunteers from Clinton county, had opened the war by discharging a loaded shell from a window in the second story of the Sublette House at the Commander in Chief of the Andrew forces, which had missed the head of that August-personage by a narrow


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margin. It is believed that the statement was true, but the shell was an ordinary household utensil of pottery and not the "iron shard" that Kipling writes of, and was discharged in the manner of a hand grenade, and not from the "reeking tube" of his Recessional.


The majority in favor of Andrew at this election was five hundred and sixty. Another effort was made in the court to defeat the removal of the records but it was unsuccessful, and the Supreme Court decided that because the April election had not been expressiv abolished by name an election for county seat could be held at that time, but not for any other purpose. I recall telling the learned counsel for the appellants that there was just five hundred and sixty reasons why they should be beaten, and they were. All the same I still think Judge Kelsos' construction of the law was correct,


A few years afterward Bellevue made another attempt to have another vote taken between Andrew and Bellevue, and filed a petition signed by the requisite number of voters, but before it was passed on by the Board of Supervisors. Andrew procured enough of the signers to the petition to sign a remonstrance. and so reduced the number below the requisite majority. This ended the efforts of Bellevue to recover the county seat from An- drew.


When the last movement began to be agitated, I was asked to attend a meeting of some of its promoters, and at the meeting was also asked to give my opinion as to the proposed step. I advised against making the attempt, basing my judgement not only on the decisive majority against Bellevue on the former contest, but also on the fact that a majority of the voters in the county lived on the south side of the Maquoketa river, and on the further fact that the people of Bellevue had without remonstrance allowed the principal roads leading into their own to be so changed for the worse that Dubuque on the one side and Lyons on the other were more easily accessible to more than two-thirds of the people of the county than Bellevue. All my attempts to inaugurate "a good road movement" in that town had met with no response whatever. The others however, knew better and determined to go ahead; and assigned me to the task of canvassing the four townships in the southwestern part of the county, which was certainly "the enemy's country. " assuring me that if I could get fifty signatures from that territory we could get the vote ordered, and carry the election. I returned the petitions with three or four times the number assigned to me. I did the canvassing principally through others. A good many of them afterward signed the remonstrance also. If my friends who were so sure of winning the contest had canvassed their own territory with half the care that I did mine the vote would have been ordered and Bellevue would have been beaten at the polls.


About this time the Andrew people in order to "cinch" their hold on the county seat made an offer to the board of supervisors to sell to the county the court house, which they had erected at thier own expense, at a trifle over one-third of its cost. The board before acting on the offer refer- ed the matter to myself and a brother lawyer to examine the title, greatly to the disgust of the persons making the offer; and while we were engaged




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