USA > Iowa > Benton County > History of Benton County, Iowa. From materials in the public archives, the Iowa Historical society's collection, the newspapers, and data of personal interviews > Part 8
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Captain Henry M. Wilson, who served three terms as sheriff of Benton county after the war. received his military title as com- mander of Company D. Twenty-eighth Iowa Volunteer Infantry. The main business of his life was that of agriculture and the rais- ing of stock. In April. 1855. he came to Vinton with his parents from Scott county Indiana, being then fourteen years of age. He was therefore not quite of age when he entered the ranks of the Twenty-eighth, but before it started for the front he was elected orderly sergeant. Throughout the war he participated in twenty- three engagements, which included the battles of Magnolia Hill and Champion Ilill. the siege of Vicksburg and the actions at Pleasant Hill, Winchester and Cedar Creek. He was successively promoted to be lieutenant and captain and upon his return to his home in section 30. Taylor township, near Vinton, took up his interrupted farming operations. In 1860 he commenced his first term as sheriff of Benton county and was reelected in 1870 and 1872. Hle married Miss C. L. Cline, a member of one of the best. known pioneer families in the county.
Edward M. Evans, a brave soldier of the Twenty-eighth Regi-
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HISTORY OF BENTON COUNTY
ment was. after the war. retained in office for many years, as anditor of the county. as city treasurer and in other capacities. He was a native of Linn county. Iowa, born July 28, 1845; was brought to Benton county in his infancy and in his boyhood learned the trade of a harness maker. As a member of Company D, Twenty- eighth lowa Volunteer Infantry. he participated in the siege of Vicksburg. was in the Red River Campaign with General Banks. and served with Sheridan in the Shenandoah Valley, being later severely wounded in the battle of Cedar Creek, after having been in the service three years. He served continuously as county auditor from 1869 to 1879.
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CHAPTER V.
COUNTY ORGANIZATIONS IN DETAIL.
COUNTY BOUNDARIES FIXED -- ACT FOR THE ORGANIZATION OF BENTON COUNTY-FIRST COUNTY ELECTION-NORTHPORT, THE COUNTY SEAT -- ATTEMPTED OCCUPATION OF COURT HOUSE-NORTII- PORT, RECHRISTENED VINTON-MOVE TO CHANGE COUNTY SEAT -- TROUBLE WITH SECOND COURT HOUSE-CIVIL COURTS ESTAB- LISHED-HEAVY BURDENS OF COUNTY JUDGE-FIRE WIPES OUT COURT HOUSE AND SCHOOL-CORNER STONE OF NEW COURT HOUSE DAID-HOUSE WARMING IN DETAIL -- CHANGES IN COUNTY GOVERN- MENT-A COURT HOUSE OF WHICH TO BE PROUD-CORNER-STONE OF 1856 COURT HOUSE -- THE COURT HOUSE OF THE PRESENT-STRONG- HOLD FOR LAW BREAKERS -- PROVISION FOR THE POOR.
The civil organization of a county may well be called its skeleton; the framework of the whole body. When the county government takes form: when its civil divisions commence to take shape and the trusted and substantial representatives of its pop- ulace are placed in office to conserve the interests of the public, their associates at large-then the conviction takes root that the best form of modern development, or American civilization, is well under way.
COUNTY BOUNDARIES FIXED.
As is customary in the formation of counties in the United States, Benton's limits were defined before provision was made for the organization of its civil government in that special terri- tory. Its present boundaries were established by legislative act of February 17. 1843. and were described as follows: "Begin- ning at the northwest corner of Linn county, thence west to range 13 west, thence south on said line to the corner of townships 81 and 82. ranges 13 and 14 west, thence east to the southwest corner
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HISTORY OF BENTON COUNTY
of Linn county, thence north to the place of beginning." These defined boundaries reduced the length of Benton county from twe hundred and thirty-four to twenty-four miles, and from seven thousand square miles to seven hundred and twenty. as it had heretofore comprised all the country west of Linn county to the Missouri river. Tama county was established at the same time. and both, with the territory west. were continned attached to Linn county for judicial. political and revenue purposes. But there was no need of civil government for the territorial Benton county, as described above; for the Sacs and Foxes were still the title holders of every acre of its land. But when it became generally known that. by the treaty of 1838, they had vacated a strip virtually corresponding to the five easternmost townships. the pioneer eye was turned toward this section, and in the follow- ing year permanent settlements commenced and continued to be confined to the country near the Cedar river for some time. In 1843 the Indian title was completely extinguished in Benton county, and in January, 1846, a few months after the bulk of the Saes and Foxes were removed to Kansas, a civil organization was created under the following legislative act :
ACT FOR THE ORGANIZATION OF BENTON COUNTY.
SECTION I. Be it enacted by the Council and House of Representatives of the Territory of Iowa that the county of Ben- ton be and the same is hereby organized from and after the Ist day of March next, and the inhabitants of said county shall be entitled to all the rights and privileges to which. by law. the in- habitants of other organized counties of this Territory are en- titled : and said county shall constitute a part of the Third Indi- cial District of this Territory.
SEC. II. That there shall be a special election held on the first Monday in the month of April next, at which time the county officers for said county shall be elected, and also such number of Justices of the Peace and Constables for said county as may be ordered by the Clerk of the District Court for said county.
SEC. IN. That it shall be the duty of the clerk of the Dis- triet Court in and for said county to give at least ten days' previous notice of the time and place of holding such special elcetion in said conuty, grant certificates of election. and in all respects discharge the duties required by law to be performed by Clerks of the Boards of County Commissioners. in relation to elections, until a Clerk of the Board of County Comissioners may be elected and qualified.
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SEC. IV. That it shall be the duty of the Clerk of the Dis- triet Court in said county to discharge all the duties, required by law to be performed by Sheriff's, in relation to elections, until a Sheriff for said county may be elected and . qualified.
SEC. V. That the county officers, Justice of the Peace and Constables elected under the provisions of this act. shall hold their offices until the first Monday in August, 1846, and until their successors are elected and qualified.
SEC. VI. That the Clerk of the District Court in and for said county of Benton may be appointed and qualified at any time after the passage of this act.
SEC. VII. That all actions at law or equity in the District Court for the county of Linn, commenced prior to the organization of said county of Benton, when the parties or either of them reside in said county of Benton, shall be prosecuted to final judgment, order or decree, as fully and effectually as if this act had not been passed.
SEC. VIII. That it shall be the duty of all Justices of the Peace residing within said county of Benton to return all books and papers in their hands, pertaining to said office, to the next nearest Justice of the Peace who may be elected and qualified in and for said county under the provisions of this act; and all suits at law or other official business which may be in the hands of such Justice of the Peace, and unfinished, shall be prosecuted and completed by the Justice of the Peace to whom such business or papers may have been returned, as aforesaid.
SEC. IX. That the judicial authorities of Linn County shall have cognizance of all crimes or violations of the criminal law's of this Territory committed within the limits of said county of Benton prior to the 1st day of March next; Provided, prosecutions be commeneed under the judicial authorities of said Linn County prior to the said 1st day of March next.
SEC. X. That the said county of Benton shall have cogni- zanee and jurisdiction of all crimes or violations of the criminal laws of this Territory committed prior to the Ist day of March next, in cases where proseentions shall not have been commenced under the judicial authorities of Lin County.
SEC. XI. That the county of Tama and the counties lying west of said conniy of Tama. by and the same, are hereby attached to the county of Benton. for election, revenue and judicial pur- . poses.
SEC. XII. That the Clerk of the District Court in and for the county of Benton may keep his office at any place within said county, until the county seat thereof may be located.
SEC. XIII. That Joseph A. Seerest, of Jones County, Ly- man Dillon, of Dubuque County, and Joseph A. Downing. of Cedar County, be and they are hereby appointed Commissioners to locate and establish the county seat of the county of Benton.
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SEC. XIV. That said Commissioners, or a majority of them, shall meet at the office of the Clerk of the District Court of the county of Benton, on the first Monday of May next, or at such other time, not exceeding thirty days thereafter, as a major- ity of them may agree.
SEC. XV. Said Commissioners shall first take and subscribe to the following oath, to wit: "We do solemnly swear (or af- firm) that we have no personal interest, either directly or indi- rectly, in the location of the seat of justice of the county of Ben- ton, and that we will faithfully and impartially locate the same, according to the best interests of said county, taking into consid- eration the future as well as the present population of said county;" which oath shall be administered by the Clerk of the District Court, or any other officer authorized by law to administer oatls within the county of Benton; and the officer administering said outh shall certify and file the same in the office of the Clerk of the District Court of said county, whose duty it shall be to record the samc.
SEC. XVI. Said Commissioners, when met and qualified under the provisions of this act, shall proceed to locate the seat of Justice of said county of Benton ; and as soon as they shall have come te a determination, the same shall be committed to writing. signed by the said Commissioners and filed with the Clerk of the District Court of said county, whose duty it shall be to record the same and forever keep it on file in his office; and the place thus des- ignated shall be the seat of justice of said county.
SEC. XVII Said Commissioners shall each be entitled to receive the sum of $2 per day while necessarily employed in the sail location, and the sum of $2 for every twenty miles' travel to and from the county seat, which shall be paid by said Benton County out of the first funds arising from the sale of lots in such seat of justice.
SEC. XVIII. The county of Black Hawk is hereby attached to said county of Benton for election, judicial and revenue pur- poses.
SEC. XIX. This act to take effect and be in force from and after its passage.
APPROVED-January 17, 1846.
FIRST COUNTY ELECTION.
The first election in Benton county. under the above aet, was held at Parker's Grove, in the southern part of Canton township. in April. 1846, and resulted in the casting of the following ballots for the candidates named: Commissioners --- Edwin B. Spencer. 35. Samuel M. Lockhart, 22. Stedman Penrose, 35, and Samuel K. Parker, 33; sheriff-John Royal. 33. and Lewis W. Bryson. 22;
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HISTORY OF BENTON COUNTY
commissioners' elerk-David S. Pratt, 42, Irwin D. Simison, 24. . James Downs, 11. Jonathan R. Pratt. 5, and D. S. Pratt, 3; cor- oner-Fielding Bryson, 41; surveyor -- Irwin D. Simison, 20, David S. Pratt, 10. Francis JJ. Rigand. 16, Jonathan R. Pratt, 2, Beal Dorsey. 35, and Jonathan Pratt, 1; collector and treasurer -- Beal Dorsey, 35, and Lewis W. Bryson. 6; assessor-Isaae Ons- tott. 27, and Price Kendrick, 28: inspector of weights and meas- ures-David S. Pratt, 39; judge of probate-Jonathan R. Pratt, 37. and James M. Denison. 14: justices of the peace- Fielding Bryson. 39. Irwin D. Simison, 21. Stephen Holcomb, 21. Charles Cantonwine. 30. Jonathan R. Pratt, 5, Gilman Clark, 14, Stedman Penrose. 7. George Miller, J, Stephen Holcomb, 1. and George Cantonwine. 1; constables-Price Kendrick, 49, Samuel Stephens, 28. Samuel L. Morse. 28. Beal Dorsey. 38. George Cantonwine, 2. L. D. Bordwell, 2, and V. M. Gray. 1.
The county officers thus elected could only serve until the regular election on the first Monday of August. which resulted in the choice of the following: County commissioners -- Samnel M. Lockhart. Loyal Fuller North and Charles Cantonwine; clerk of commissioners' court, David S. Pratt; sheriff. James Downs; coroner, Thomas Way; recorder. Lester W. Hayes; treasurer. S. 1. Morse: assessor, Price Kendrick, and judge of probate, James Denison.
NORTHPORT THE COUNTY SEAT.
The organis aet provided for and named three special com- missioners to establish the county seat and (also under its pro- visions) they met on the first Monday of May. 1846. and located it on the northeast quarter of section 21, township 85 north, range 10 west, calling the place Northport and ordering the county sur- veyor to "hire the necessary chain carriers and stake drivers" for the purpose of carrying into effect the plat which he had submit- ted.
The town was laid out early in the summer of that year and later in the year a hewn log court house, two stories in height and twenty by twenty-four feet in dimensions. the upper floor being divided into three rooms, was erected-in the way of the times and. doubtless, in accord with the dimensions of the county pocket-
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HISTORY OF BENTON COUNTY
ATTEMPTED OCCUPATION OF COURT HOUSE.
The first term of the district court was held at the house of Thomas Way. about two miles northeast of the present court house. in August. 1846. the log cabin of that citizen being considered the best in the county. The second term in 1847 was also held in his honse. and on September 18. 1848, an attempt was made to occupy the log court house at Vinton. The attempt seems to have been a dismal failure. At the time there were no roof, and no floor -- nothing but the log walls-but an attempt was made with true western bravery. A seat was provided for the judge in one corner of the "lower story" by placing a piece of board across the corner in the crevices between the logs, and upon the onset of a shower, other pieces were thrust into the chinks over his head to protect it from the rain. Court was opened. but soon adjourned to the cabin of William Davis on section 15. the grand jury or- enpying a blacksmith shop in the vicinity.
NORTHPORT RECHRISTENED VINTON.
At the time this first and last court was "held" in Benton county's first "temple of justice.' the town of Northport had been rechristened Vinton, in honor of Plynn Vinton, a member of congress from Ohio. The record of the original town plat was not made a part of the county archives until February 12. 1848. when the county commissioners of that year-Samuel M. Lockwood. Loyal F. North and Thomas Way-filed the plat under the name of Vinton. Northport, which therefore never had a legal exis- tence. as far as the county records show, is included in the limits of the present city of Vinton.
MOVE TO CHANGE COUNTY SEAT.
During the summer and fall of 1848 Chauncey Leverich, John Alexander and others interested in property lying nearer the river. where the present business portion of Vinton now stands. determined to make an attempt to move the county seat. An elec- tien was therefore ordered for April 2. 1849. and each of the fol- lowing locations received fifty-seven votes: Southeast quarter of northeast quarter of section 3. township 85 north. range 10 west, and lots 5. 6. 7 and 8. of west one-half of section 16. town- ship 85 north, range 10 west. The location on section 3. as de-
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HISTORY OF BENTON COUNTY
seribed, was on the property of Thomas Way, a local political power, whose house across the river. three miles northeast of the present city, had so well served the district court of the county- standing for several years as its virtual court house.
Another election for the location of the seat of justice was held in August, at which the present site was selected, then lying without the town limits. In November following, James Leverich, who had purchased the claim of Chauncey (the county commission- er). laid out a town on section 16. as described, and called it Fre- mont, in honor of General Jolm C. Fremont, and this became the capital of Benton county. But owing to the fact that there was another town of the same name in the state the name was changed to Vinton by a legislative aet approved January 21. 1853.
TROUBLE WITH SECOND COURT HOUSE.
Again came trouble with the second court house, which was a small two story frame building that stood on the southeast corner of the present publie square. It is said that the frame was raised and roofed, and the walls sided up. before the town of Fremont was platted; some of the old settlers go farther, and insist that the skeleton of the court house was put together before the result of the county seat fight was known. as an inducement by the Lev- erich faction to bring the location to their choice. But when the connty seat was once fixed. the court house stood for several years as a real skeleton of a building. withont floors, doors or windows. In 1851-2 a floor was laid in the lower story, and doors and win- dows placed, so that it could be used as a district court room; the upper story was divided into two rooms. in one of which the county officers were installed : and a flight of rough stairs on the outside of the building connected the two stories.
CIVIL COURTS ESTABLISHED.
Altogether, the year 1851 appears to mark an epoch in the civil government of Benton county. From 1848 to 1851 the ends of justice had been almost entirely controlled by Vigilantes, Reg- ulators and other ex-judiciary organizations often presided over by Judge Lynch. There is no record of any attempt to hold court. in Benton county from the fall of 1848 until April 1851, and. on acount of the absence of the district judge, it was not opened un-
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til June 4th. The lower floor of the Fremont court house had been put in order for this special occasion.
The re-establishment of the court in June and the election in the following August. mark the commencement of a new era in the county. By legislative act approved February 5, 1851, the board of county commissioners was abolished and the office of county judge created. the first incumbent of that bench to be elected in the succeeding August. The new functionary was in- vested with the functions of the abolished commissionership and these customarily attached to the probate judgeship.
As Benton county had now been organized five years. it will be interesting to compare the votes cast at the first election which marked the abolishment of the board of county commissioners and the creation of the powerful county judgeship: For county judge -- John S. Forsyth, 75, and D. S. Baker, 46; treasurer and re- corder -- J. P. Cline, 36, James Johnson, 76, and William Cline. 3; sheriff-William Remington. 39, and C. C. Charles. 76: super- visor of roads-L. F. North, 22. James Rice. 62, Samuel Osborn. 28. and James Downs. 1; coroner-II. Mahan, 57, and I. D. Bord- well, 22; district elerk-G. W. Vandaman, 78, and J. F. Beckett. 19; proseenting attorney --- William Cline. 3, Jolm Alexander. 2. J. E. Vandaman. 5, and J. J. Sanders, 5; conuty surveyor -- 1. D. Simison. 56. and John Shawyer, 36.
HEAVY BURDENS OP COUNTY JUDGE.
The authority of the courts of Benton county has never been questioned sinee 185], but the new county judge who assumed of- fice under the election of August was certainly saddled with un- usual and heavy responsibilities. The following well describes his predicament and the able way in which he carried through his task: "Upon assuming the duties of county judge. Mr. Forsyth discovered that the finances of the county were in a deplorable condition. It was flooded with warrants, which had been issued without much regard to expense.
"But no sooner had the affairs of the county began to assume definite shape under his skilful and energetie management than the county officials were startled by the large number of warrants that were presented for payment. As there was no proof that a single warrant had been illegally issued, they were paid and can- veled as rapidly as the resources of the county would permit. The revenne. however, was very small. and the constant drain kept the
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IHISTORY OF BENTON COUNTY
county. as a civil organization, in very straightened circumstances for several years: and it was not until about 1854 that its finan- cial affairs commeneed to tangibly improve. It is to be remarked. to the credit of Judge Forsyth and his successor. Judge Douglas, that Benton county owes much of its subsequent prosperity to their energetic and able efforts to bring financial order out of chaos and to permanently establish the reign of law and order."
FIRE WIPES OUT COURT HOUSE AND SCHOOL.
But the trouble with the old Fremont court house was by no means at an end, and perhaps it was well, after all. that a fire should have wiped it ont completely before it was really occupied as a completed structure. During the summer of 1852 it is said that the first story was occupied for a time as a store, the goods being put in by a Mr. Green of Cedar Rapids and disposed of by Russell Jones, the local salesman. In the fall and winter follow- ing George Parish taught school therein -- the first in Fremont- but in February. 1853, before the term was closed. the court house was burned. One day. after school. some one took the ashes and coals from the stove and threw them in the yard. Unfortu- nately there were some shavings loft under the building by the workmen, and during the night a heavy wind arose and produced the necessary combination for the conflagration. That night the county treasurer. James Johnson. and Dr. J. C. Traer. district clerk, were sleeping in the office in the second story.
The story of how they saved the county records, with the as- sistance of T. S. Palmer. the merchant across the street, was de- seribed by the latter. more than fifty years afterward. in the fol- lowing words: "I was in my store on Jefferson street. opposite. when about midnight I was awakened by JJohnson banging at the door, saying the court house was on fire. I dressed as rapidly as possible and found the building all on fire on the first floor. The court room was above as well as all the books and records of the county. The only entrance to the court room was an outside stairs on the east end of the building. The wind coming from the west. drove the smoke over the stairs. To get upstairs we had to pass through a dense body of hot smoke. It was impossible to carry the books and papers down these stairs. We found a long scant- ling and raising one end to an upper window, we slid the books and papers down this joist to the ground. In this way all the records were saved. Before this was done. the flames had burst
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HISTORY OF BENTON COUNTY
ont from below, enveloping the whole side of the building. Then the point was how the men were to get out safely. The stairs were choked with hot smoke and flames had captured the side. Johnson chose the stairs, and fell to the ground before getting down. The people below rushed in and dragged him out and saved him. Dr. Traer got on to the seantling to slide down, but in doing so threw the scanthing off the upper window, but fortunately for me. it caught on the lower window, so I shoved my feet out first, dropping through the flame. I lit on the plank and dropped to the ground. We were all injured, but Johnson fared the worst. He never re- covered. but died about three months after-a true friend and a grand, good man. Traer and myself took violent colds. which lasted several months. but we saved the records of Benton County. If Traer and Johnson had not been sleeping in the court room that night, all would have been lost. These are the bare facts in the above case, and. although true, we never got credit for the risk we ran."
CORNER STONE OF NEW COURT HOUSE LAID.
In the fall following the fire, the county issued bonds to build a $7,000 court house on the site of the old, and in November. 1853, E. E. Downing entered into a contract to erect it. but the latter made so little progress that his contract was annulled. John Tyler was a more dependable contractor. and he actually com- menced work on the foundation in the spring of 1856. The corner stone was laid July 13th, under the auspices of the Masonic fra- ternity, and to the tune of the Marion brass band and addresses hy Messrs. Evans and Root. A more detailed account of the proceedings (and perhaps presented with more appropriate dig- nity) appeared in the Eagle. as follows:
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