History of Boone County, Iowa, Volume I, Part 11

Author: Goldthwait, Nathan Edward, 1827- , ed
Publication date: 1914
Publisher: Chicago : Pioneer publishing company
Number of Pages: 614


USA > Iowa > Boone County > History of Boone County, Iowa, Volume I > Part 11


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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December 5, 1856. "Ordered: That Thomas Benton Beazell receive a county warrant calling for $206.69 for work done on the courthouse."


December 31, 1856. "Ordered : That Thomas Benton Beazell, receive a county warrant for $680.30, due him for work done on the courthouse." Besides the above, there were allowed smaller sums up to the time of the completion of the building amounting to $505. All these sums, with the addition of sixteen dollars for putting in two extra windows, brought the total cost of the building, when completed, up to $2,207.99.


The people were proud of this, their first courthouse, not only because of the need of it for handling the business of the county, but because it afforded them a place for holding all manner of meetings of the people. It is within the memory of many still living that numerous political meetings, revival meetings, and other religious services, and mass meetings, were held in the court room of this


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building. Here political speeches were made by Senator A. C. Dodge, Senator James Harlan, Brick Pomeroy, Congressman Van Dever, D. O. Finch, Col. John Scott, Enoch Eastman, John F. Dun- comb and many others.


At the time this pioneer courthouse was completed the population of Boone County was 3,700. When the second courthouse was built the old one was converted into a dry goods store. Not long after- wards the house and store were consumed by fire, and this marked the destruction of the pioneer courthouse of Boone County. Judge C. J. McFarland, Judge John Porter, and Judge D. D. Chase all held court in this house.


It was also here, at the term of court in the spring of 1859, that William P. Hepburn appeared as district attorney. The law creat- ing that office passed the Legislature March 22, 1858. Mr. Hepburn was elected in October of that year. He then lived at Marshall- town. The members of the Boone County bar at that time were : John A. Hull, C. Beal, N. W. Dennisson, C. W. Williams, I. J. Mitchell, and Charles Pomeroy.


Having now followed the trend of county organization up to the erection of the first courthouse, it will be necessary to give an outline of the various changes in the townships of the county up to their present boundaries. The Des Moines River is the west boundary of all of the townships on the east side of that river and the cast boundary of all those on the west side, as they were finally established in 1871. The river comes into the county at the center of section 3, township 85, range 27, makes its many crooks and turns and passes out of the county through the center of section 34, township 82, range 26. Its trend is from northwest to southeast, the place of its exit being six miles east of its place of entry. It comes nearer dividing Boone County into two equal halves than any other county of the state through which it runs. As divided by the river the west side has a little more territory than the east side.


As already stated the county was originally divided into three townships, for election purposes, in 1849. They we're named Pleasant, Boone, and Boone River Townships. Pleasant Township contained the south one-third of the county. Boone Township con- tained the central one-third, and Boone River Township the north one-third of the county. These three townships remained unchanged from August 6, 1849, to March 8, 1852, a period of nearly four years. On the latter date there were five changes made by Judge Samuel B. McCall, then county judge of Boone County. The first of these


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changes was as follows: "Ordered : That for the convenience of the inhabitants, and for election purposes, the following described pre- cinct is created, to be called Berry Township, of Boone County, Iowa, to wit: Commencing on the section line dividing sections 7 and 18. township 83, range 26, at the Des Moines River, thence west on said section line to the west boundary of the county, thence south on said boundary line to the southwest corner of Boone County, thence east to the Des Moines River, thence up said river to place of beginning. Said township to be organized at the April election, to be held April 5, 1852. This 8th day of March, 1852.


S. B. MCCALL, County Judge."


This township was named in honor of Captain William P. Berry, a prominent citizen and noted hunter of that part of the county.


The boundaries of Berry Township contained the territory now included in the Townships of Cass, Peoples and Union, and the south two-thirds of Marcy and Beaver Townships.


This made it much more convenient for voting and transacting township business for the people in the southwest part of the county. In the organization of Berry Township, Pleasant Township lost over one-half of its territory, though it still contained all of the territory now included in the Townships of Douglas, Garden, and the south one-third of Colfax and Worth Townships.


On the 8th of March, 1852, Boone Township was changed as follows: "Ordered: That the boundaries of Boone Township be changed as follows : Commencing at the east boundary line of said county, at the southeast corner of section 1, township 84, range 25, thence running west to the Des Moines River, thence down said river to where it crosses the section line dividing sections 26 and 35, in township 84, range 25, thence running due west to the west boundary line of said county, thence south along said west boundary line to the southwest corner of section 7, township 83. range 28, thence due east to the Des Moines River, thence down said river to the southwest corner of section 21, township 83, range 26, thence due cast along the section line to the cast line of said county, thence north to the place of beginning. This 8th day of March, 1852.


S. B. MCCALL, County Judge."


This order gave Boone Township a very singular shape; in fact, a very ludicrous shape. On the east side of the river it contained all of the territory comprised in the present Townships of Des Moines


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and Jackson, except the north tier of sections, and the north two- thirds of the present Townships of Colfax and Worth. On the west side it had a strip three miles wide extending to the west line of the county. Perhaps there was never a township laid out with such a peculiar shape.


The following is the order creating the Township of Dodge: "Ordered: That the township heretofore known as Boone River Township, Boone County, Iowa, be henceforth called Dodge Town- ship, of the same county, to wit : Commencing at the northeast corner of Boone County, thence west to the Des Moines River, thence down said river to the southwest corner of section 6, township 84, range 26, thence east, on the section line, to the east line of said county, thence north to the place of beginning, to be considered a new township, but name and boundaries as established this 8th day of March, 1852.


S. B. MCCALL, County Judge."


With the establishment of Dodge Township, Boone River Town- ship, one of the three original townships organized in 1849, ceased to exist and passed from the map of Boone County. This new town- ship was named in honor of Senator A. C. Dodge, of Iowa. It contained all of the territory now included in the present Townships of Dodge and Harrison, and the north tier of sections of the present Townships of Des Moines and Jackson.


The last of the orders of March 8, 1852, follows : "Ordered, That for the convenience of the inhabitants, and election and municipal purposes, the following described new precinct is created, to be called Yell Township, Boone County, Iowa: Commencing on the north boundary line of said county, at the Des Moines River, thence west along the north boundary line to the northwest corner of said county, thence south to the southwest corner of section 30, township 84, range 28, thence east along said section line to the Des Moines River, thence up said river to the place of beginning. Said township to be organized at the election to be held at the house of Solomon Smith at Badger Point, in said township, on Monday, April 5, 1852. This 8th day of March, 1852.


S. B. MCCALL, County Judge."


This township was named in honor of Colonel Yell, of Arkansas, who fell at the head of his regiment at the Battle of Buena Vista. It contained what is now included in the present Townships of Yell, Pilot Mound, Grant, and Amaqua. There were no more changes


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of the townships of Boone County until February 21, 1856, a period of nearly four years.


In the southwest part of the county, clustering around Buffalo Grove, there were a number of early settlers who wished to have a township of their own, so that they might erect a schoolhouse in which to begin the education of their children. These settlers peti- tioned the county for the creation of a new township and obtained favorable action from County Judge John B. Montgomery, who, in 1854, had succeeded Judge McCall in that office.


The order creating the new township was as follows: "Ordered, That all of Boone County now included in. Berry Township, which lies west of the section line between sections 16 and 17, township 83, range 27, be stricken off from Berry Township and formed into a new one, to be called Union Township. Said new township to be bounded as follows: Commencing at the northeast corner of section 17, township 83, range 27, thence to the west line of Boone County, thence south along said county line to the southwest corner of said county, thence east on said county line to the southeast corner of section 32, township 82, range 27, thence north along section line to place of beginning. This 2ist day of February, 1856.


JOHN B. MONTGOMERY, County Judge."


Union Township, as above laid out, contained all the territory now within its present boundaries and two tiers of sections off the west side of the present Township of Peoples, and the south two- thirds of Beaver Township. Judge Montgomery named this town- ship Union by reason of the unanimity of the settlers around Buffalo Grove demanding a new township.


Jackson Township was created by Judge Montgomery in 1857, at the urgent request of the settlers along the belt of timber of Squaw Creek. The request of these settlers was both sensible and reason- able. It was named in honor of General Andrew Jackson, but at whose request it was so named we find no record. Union and Jack- son were the only townships in the county laid out by the official acts of Judge Montgomery during his first official term of the three years of 1855, 1856 and 1857.


Pilot Mound Township was organized in September, 1858, by Judge S. B. MeCall, who had succeeded Judge Montgomery in that office. This township took its name from the remarkable mound within its boundaries, which has attracted the attention of all persons passing near it. Pilot Mound Township was cut off the north end


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of Yell Township, and as originally laid out, it contained also the territory now comprising Grant Township.


The next change of townships, both in name and in boundaries, came March 6, 1858. These were the last official acts of this kind made by Judge McCall and the last made under the county judge system. The names of the townships given in the last five official orders are still the same, though the boundaries were afterward changed slightly.


The order establishing Des Moines Township follows : "Ordered , That all that portion of Boone County, included in the following boundaries, to wit: Commencing at the northeast corner of section 6, township 84, range 25, thence running west along the township line to the Des Moines River, thence down said river to a point where the section line dividing sections 7 and 18, township 83, range 26, crosses said river, thence running east on the said line to the southeast corner of section 8, township 83 range 25, thence north on the section line dividing sections 8 and 9 to the northeast corner of section 20, township 84, range 25, thence west one mile, thence due north to the place of beginning, be and the same is hereby erected into a township for election, judicial and revenue purposes, and designated as Des Moines Township, the same to take the place of Boone Township. March 6, 1858.


S. B. MCCALL, County Judge."


Old things pass away and new ones take their places. From the foregoing order it will be seen that, with the creation of Des Moines Township, Boone Township passed from the map of the county. Des Moines Township took its name from the river bordering it on the west. Then, as now, it contained the county seat of the county, making it the center of activity.


The next township to be established and named was Worth Town- ship. The official order follows:


"Ordered, That for the convenience of the inhabitants, and for judicial, revenue and municipal purposes, all that portion of Boone County within the following bounds, to wit: Commencing at the correct northeast corner of township 83, range 25, thence running west on the township line four miles, thence south on the line dividing sections 4 and 5, in said township, to the southwest corner of section 9, thence west on the line dividing sections 8 and 17, in said township, to the Des Moines River, thence down said river to the southwest corner of section 4, township 84, range 26, thence due east to the Vol. I- 8


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southeast corner of section 2, township 82, range 26, thence north one mile, thence east to the east line of Boone County, thence north to the place of beginning; said township to be known as Worth Town- ship. March 6, 1858.


S. B. MCCALL, County Judge."


Worth Township was at that time ill shaped, and many cornered, but this was made necessary in order to satisfy groups of settlers located in various parts of its area. The township still retains the name given it by Judge McCall, but its present boundaries were established in 1871. Worth Township was named in honor of Gen- eral William J. Worth, a soldier of the war with Mexico.


The order for the creation of Douglas Township, the third one of this date, follows: "Ordered, That for the convenience of the inhabitants, and for judicial and municipal purposes, the following new township be created and bounded as follows: Commencing at the northeast corner of township 82, range 25, thence west on said township line to the northeast corner of section 2, township 82, range 26, thence south one mile, thence west to the Des Moines River. thence down said river to the south line of Boone County, thence due cast on said line to the southeast corner of the county, thence due north to the place of beginning, to be known as Douglas Township. Boone County, lowa. March 6, 1858.


S. B. MCCALL, County Judge."


Douglas Township, at the time of its creation, contained, in addi- tion to its own territory, that of the present Township of Garden. It was named in honor of Stephen A. Douglas, United States senator from the State of Illinois. He was a famous orator and one of the hest debaters the nation has produced. With the erection of Douglas Township, the old Township of Pleasant, established in 1849, took its place among the things that were. It occupied a place on the map of the county for about nine years and was the last of the original three to be stricken off.


The fourth township to be laid out on this date by Judge McCall was the Township of Cass. The official order for that purpose follows: "Ordered, That for the convenience of the inhabitants, and for election, judicial, revenue, and municipal purposes, the following described new township be created to-wit: Commencing at the southwest corner of section 33, township 82, range 27, thence running north on the section line six miles to the township line dividing town-


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ships 82 and 83, thence east along said township line to intersect the Des Moines River, south along Des Moines River until it intersects the south boundary line of Boone County, thence west along said boundary line to the place of beginning. Said township to be known as Cass Township, Boone County, Iowa, and that the same be or- ganized at an election to be held in said township on the fifth day of April, 1858. March 6, 1858.


S. B. MCCALL, County Judge."


With the creation of Cass Township, the township of Berry passed from the map of the county, to be seen and known no more except in memory. Berry Township lived but four years. During that short period its population increased and many acres of land were put under cultivation.


At the time of its creation Cass Township contained the territory included in its present boundaries and the east two-thirds of Peoples Township. It was reduced to its present boundaries in 1871. Cass Township was named in honor of Gen. Lewis Cass, who held many official positions, among which were secretary of war during Jackson's administration, United States senator from Michigan, and secretary of state under President Buchanan.


The last of the townships to be created under the date of March 6, 1858, and the last one to be laid out by Judge McCall, was the Township of Marcy. The official order was as follows: "Ordered, That for the convenience of the inhabitants, and for election, revenue, judicial and municipal purposes, the following described new town- ship be created : Commencing at the northwest corner of section 31, township 84, range 28, thence on the county line to the southwest corner of township 83, range 28, thence east along said township line to the Des Moines River, thence up the channel of said river to a point where the section line dividing sections 26 and 35, township 84, range 27, crosses the same, thence west along said line to the place of beginning; said township to be known and designated as Marcy Township and to be organized at an election to be held in said town- ship on the 5th day of April, 1858. March 6, 1858.


S. B. MCCALL, County Judge."


Marcy Township was named in honor of William L. Marcy, who was United States senator, from the State of New York, was secretary of war under President Polk and secretary of state under President Pierce. In addition to its present boundaries, Marcy Township, at


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the time of its creation, contained all of the territory now included in Beaver Township.


It was reduced to its present boundaries in 1871. The naming of and giving the first boundaries to Marcy Township was the last offi- cial act under the county judge system. Marcy made ten townships then legally established in Boone County.


On the 22nd day of March, 1860, a law passed the Legislature relieving the county judges of the power and duties of transacting county business and transferred those powers and duties to a board of supervisors, consisting of one member for each legally organized township, to be elected by the legal voters of such township. The first board of supervisors, under this law, was elected in November, 1860, and their terms of office commenced January 1, 1861. The county judge system, with the power to transact county business, was in existence from 1851, a period of ten years. During this time only two men held this office. S. B. McCall held it from 1851 to 1854. J. B. Montgomery held it from 1854 to 1857. S. B. McCall from 1857 to 1859, and J. B. Montgomery from 1859 to 1863.


S. B. McCall laid out and named eight of the townships now on the map of the county, as follows: Dodge, Des Moines, Worth, Douglas, Cass, Marcy, Yell, and Pilot Mound Townships. He also laid out and named four townships which have passed from the map of the county. These were : Pleasant, Boone, Boone River, and Berry Townships. J. B. Montgomery laid out and named two townships which are still on the map of the county. These are Union and Jackson Townships. It was also under his official supervision that the first courthouse in the county was built. Samuel B. McCall did more official work in the organization of Boone County than any other man. Next to him, in this regard, comes John B. Montgomery.


Samuel B. McCall was born in the State of Indiana. He moved to Dallas County, lowa, in 1846, and to Boone County in 1847, two years before the county was organized. He was the first man to act in an official capacity in the county, acting as organizing sheriff, as already stated. He was elected county judge in 1851, and re- elected in 1853. In 1854 he was elected a member of the Legislature by the voters of Boone, Story, Green and other counties. In 1857 he was again elected county judge. In 1861 he entered the service of the Union in the Civil war as captain of Company E, Third Regiment, lowa Volunteers, where he served three years. He re- turned to Boonesboro, where he lived until about 1870, when he went


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west. For about sixteen years he held a position in the Soldiers' Home at Santa Monica, California, where he died March 5, 1911.


John B. Montgomery moved to Boone County in 1851, being the first Methodist Episcopal minister to permanently locate in Boone County. In 1854 he was elected county judge to fill a vacancy of one year, caused by the resignation of Samuel B. McCall, who, as before stated, had been elected to the Legislature. Rev. Montgomery was elected for a full term as county judge in 1855, reelected in 1859, and again in 1861, his final term expiring January 1, 1863. He con- tinued to reside in Boonesboro up to the time of his death, which occurred late in the '70s.


The names of the first board of supervisors elected under the act of March 22, 1860, were as follows: Almond Stinson, of Dodge Township; Hiram Bennett, of Des Moines Township; Charles Weston, of Jackson Township; Thomas Sparks, of Worth Township; C. J. Cassel, of Douglas Township; J. O. Harris, of Cass Township; Peter Mower, of Union Township; W. H. C. Jenkins, of Marcy Township; Wesley Williams, of Yell Township, and Peter Shaffer, of Pilot Mound Township. This first board of supervisors met for the first time January 1, 1861. It was one of the most representative boards Boone County ever had. This system continued for ten years, or from 1861 to 1871. There were no changes in the boundaries of the townships during this period of ten years. The board of super- visors consisted of ten members in 1861, and went out of existence in 1871, with the same number. It did much work during that time.


THE PRESENT COURTHOUSE


In 1864 and 1865 the Northwestern Railroad was built through Boone County. The citizens of Boonesboro failed to comply with the requirements of the railroad company, and the result was that the road ran down Honey Creek to the Des Moines River, thus leaving Boonesboro out in the cold. This caused great excitement in Boonesboro, and the friends of the town throughout the county listened to their wails with feelings of sympathy. Although the first courthouse had only been built eight years, the people of Boonesboro at this early date wanted a new courthouse built on the public square. The railroad company had laid out the Town of Boone, a mile and a half east of Boonesboro, and the people of the latter town became very uneasy lest the new town should in some way secure the removal of the county seat. As the leading men of Boonesboro had influence


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with the voters of the county, they circulated a petition, and placed it before the board of supervisors asking for a special election to vote a tax to build a courthouse on the public square in Boonesboro, at a cost not to exceed $50,000. If this could be done they felt sure that Boonesboro would continue to be the county seat for many years. This special election was held on the first Monday in April, 1865. But contrary to their hopes the proposition lost out, there being 828 votes cast, with 384 for it and 444 against it. This defeat did not deter the leading citizens of Boonesboro, for with them it was a vital question.


On the 6th of September, of the same year, they placed before the board of supervisors another proposition for the people to vote upon at the October election. This time there were 1, 181 votes cast, of which 713 were for the proposition and 471 against it. There was great rejoicing in Boonesboro over this result. The new courthouse was assured, and when built on the public square Boonesboro would continue to be the center of business, regardless of any rival town which the railroad might build up. This was the conclusion at which they had arrived and the basis upon which their efforts rested.


The board of supervisors built the new courthouse in accordance with the vote of the people of the county, completing it in 1868. The Des Moines Register of December 23, 1868, said : "Boone County has just completed one of the finest courthouses in the state, at a cost of $38,000, a special tax having been levied for that purpose."


The Legislature of 1870 passed a law which reduced the board of supervisors to a number not less than three, nor more than seven, based upon the population of the counties of the state. The first board in Boone County, under the new law, was elected in October, 1870, and commenced the discharge of its official duties on the first Monday in January, 1871. There were three members on the new board, their names being, S. R. Page, Levi Colvin and Z. J. Vontrees. At the first meeting of this board seven new townships were named and established. These were as follows: Harrison Township was taken off the north end of Jackson Township and named in honor of General William H. Harrison, the hero of Tippecanoe, a prominent officer in the War of 1812 and who was elected President of the United States in 1840.




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