History of Boone County, Iowa, Volume I, Part 9

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 9


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Following are the names of voters at this first election in Boone Township: 1, James Turner ; 2, Henry H. Fisher ; 3, David Noah; 4. Montgomery McCall; 5, Albert Myers; 6, Samuel H. Bowers; 7. Samuel B. McCall; 8, James Corbin; 9, Henry Hoffman; 10, James B. Hamilton ; 11, Pembroke Gault; 12, James Hull ; 13, Jacob Crooks: 14, George Full; 15. John Pea; 16, William Hull; 17. Nicholas M. Bonnett; 18, Reuben S. Clark; 19, Thomas Sparks; 20, Lewis Kenney; 21, John M. Crooks; 22, James Hull, Jr .; 23, Felix O'Neal; 24, Uriah Hull ; 25. John Gault; 26, John Boyles.


The votes were divided as follows:


For County Commissioners, Pleasant Chitwood had nineteen votes, James Corbin, twelve votes, John Boyles, sixteen votes, Jesse Hull, twelve votes, and Jonathan Boles, ten votes.


For Sheriff, Samuel H. Bowers had twenty-six votes.


For Recorder, Collector and Treasurer, John M. Crooks had Seventeen votes, and William Sawyer, five votes.


For Probate Judge, John Gault had twelve votes and Samuel B. Fisher, nine votes.


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HISTORY OF BOONE COUNTY


For Clerk of Court, Philip K. Detrick had fourteen votes and Reuben S. Clark, nine votes.


For Commissioners' Clerk, John M. Wane had ten votes and Reuben S. Clark sixteen votes.


For School Commissioner, James Hull had twenty-five votes and Montgomery McCall had one vote.


For Prosecuting Attorney, Montgomery McCall had twenty-five votes.


For County Surveyor Thomas Sparks had twenty votes.


For Justice of the Peace James Turner had twelve votes, and Pembroke Gault had nine votes.


For Constable, Nicholas M. Bonnett had eighteen votes, and Uriah Hull had one vote.


(Signed)


JACOB CROOKS, JOHN PEA, GEORGE HULL,


Judges of Election.


Attest.


MONTGOMERY MCCALL, JOHN M. WANE, Clerks of Election.


The votes cast at the election in 1850 were as follows :


Votes.


Pleasant Township 79


Boone Township 137


Boone River Township 35


And in 1851 they were :


Votes.


Pleasant Township 130


Boone Township 106


Boone River Township. 48


This was the last election held in these three original townships.


The first meeting of the county commissioners was held on the Ist day of October, 1849, at the house of John Boyles. At that time no county seat had been located, nor had any building been erected. for the county officers. Each officer had to carry his records in his pocket, when out on official business, and when he returned home had to lock them in a box for safe keeping. Discharging the duties of a county officer under these circumstances was rather an unpleas- ant business.


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HISTORY OF BOONE COUNTY


The first orders of the county commissioners were as follows :


No. 1. "Ordered : That Reuben S. Clark purchase two dollars worth of writing paper for the use of the County Officers of Boone County, lowa, the said Clark to be paid out of the first county funds that may not be otherwise appropriated."


No. 2. "Ordered : That the Commissioners' Clerk grant Samuel B. MlcCall an order for seventy-five cents for an order book."


No. 3. "Ordered : That the Commissioners' Clerk use the eagle side of an American half dollar as the seal of the commissioners' court, until otherwise provided for."


The next three orders related to the 're-establishment of the three townships which S. B. McCall had already established. They are as follows :


No. 4. "Ordered : That Pleasant Township, Boone County, Iowa, shall be as follows : Beginning at the southeast corner of said county, thence north with the east line of said county eight miles. Thence west twenty-four miles to the west boundry of said county, thence south, with the west boundary of said county eight miles, thence east twenty-four miles with the south boundary of said county to the place of beginning, which shall also constitute a commissioners' dis- trict, No. 1, of said county."


No. 5. "Ordered: That Boone Township, Boone County, lowa, shall be bounded as follows, to-wit :


"Beginning at the northeast corner of Pleasant Township, thence north with the east boundary of Boone County, eight miles, thence west twenty-four miles to the west boundary of said county, thence south along the west boundary of said county, to the north west corner of Pleasant Township, thence east twenty four miles to place of beginning, which also shall constitute a commissioners district, No. 2 in said county."


No. 6. "Ordered : That Boone River Township, of Boone County, Iowa. shall be bounded as follows, to-wit: Beginning at the north- east corner of Boone Township, thence north with the east boundary of Boone County, eight miles, to the northeast corner of Boone County, thence west with the north boundary of said county, twenty four miles to the northwest corner, thence south with the west boundary of said county to the northwest corner of Boone Township, thence east with the north line of Boone Township to place of begin- ning, which shall constitute a commissioners' district, No. 3. in said county."


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HISTORY OF BOONE COUNTY


The next business of this session of the commissioners was the approval of the official bond of Reuben S. Clark, commissioners' clerk. The amount of the bond was $2,000 and the sureties were Montgomery McCall and John Pea. This was the first official bond approved in the county.


The following bills were allowed at this first session :


Samuel B. McCall, for services in organizing the county $21.00


Judges and clerks of election 5.00


Commissioners' fees 3.00


Commissioners' Clerk 1.00


Total claims allowed at the first session . 30.75


These claims were very insignificant when compared with the claims of the present time, as our needs have grown greater with the increase of population and more modern improvements.


The second meeting of the board was held at the house of John M. Wane, but two members being present, Jesse Hull and John Boyles. Little business was transacted at this meeting. It was ordered that the future meetings of the board be held at the house of John M. Crooks. Three claims were allowed, but only one of them is mentioned in the record. A claim of $1.65 was allowed the Commissioners' Clerk for making out the tax list and making the following record: "Personally appeared John Pea and asserted to our satisfaction that he was grievously assessed in March, 1849, of a sum of $41.50. Be it ordered therefore that the same be remitted." The date of this meeting is not given in the record.


The third meeting of the commissioners was held at the house of John M. Crooks, as before ordered, on the 7th day of January, 1850. At this meeting the full membership of the board was present, viz., Jesse Hull, John Boyles and Jonathan Boles.


At this meeting of the commissioners we note the first petition for the location of a road in Boone County. This petition was pre- sented by P. K. Detrick and read as follows: "We, the citizens of Boone County, do hereby present to your honors, that a road com- mencing near section two on the north side of said county, range 26 and township 85, to run southerly, near Henry Fisher's Point, thence to run through section 33, near a school house on Honey Creek, in range 26, township 84, thence by the nearest and most accessible route through sections 4 and 9 of said range in township 83, thence at or near Luther's in section 14, in township'82, thence running by the nearest and most accessible route to intersect with the present


HISTORY OF BOONE COUNTY


county road leading from Panoach, Dallas County, Iowa, to the county line near Boles' mill site, would tend greatly to the advantage of the public and of utility to us and the public in general. We therefore, the petitioners, pray your honors to appoint suitable per- sons to view out and locate as much of the said road as may be, from Fisher's Point to intersect with the road leading from Panoach near Boles mill site." Signed by thirty-eight citizens of the county.


This is, in some respects, a very singular petition. Although the settlement of the county began at the south side of the county, this road was to commence at the north side and run south. In the descriptions giving the ranges, the ranges are mentioned first. The town Panoach was at that time the county seat of Dallas County. Panoach is an Indian name, meaning "far away." The name was later changed to Adel.


The Board of Commissioners was favorably impressed with this petition and made the following order :


"Ordered, That the above petition be granted and that the fol- lowing named persons be named for viewers: Matthias White, Colonel John Rose and Vickers Preston, and S. C. Wood, Surveyor, of said road. Said viewers and surveyors to meet at Benjamin William's on the first Monday in March, 1850, and having taken to their assistance the necessary hands, shall proceed to view said route and report to this board, as the law directs.


(Signed.) JONATHAN BOLES. JESSE HULL."


The next session of the board of commissioners was held January 28, 1850, all of the members being present. James Hull presented a petition for a county road, commencing at the terminus of the Polk County road, at, or near, the northwest corner of Polk County, Iowa, and a little south of Swede Point (now Madrid) and running by the nearest and best route to the north line of the county. This petition was signed by twenty-one citizens of the county. This was a riva! of the other road petitioned for, and there arose some bitterness and contention between the advocates of these two roads. However, this petition was also granted and viewers were appointed to view the proposed route and to report their observations to the board at its next meeting as provided by law.


The clerk of the board was also directed to set up three adver- tisements in each township in Boone County within three weeks from this date, forewarning all persons whatsoever from taking timber. or timbers, off of any school land, river land, or other public lands


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IHISTORY OF BOONE COUNTY


lying in Boone County. So far as this warning related to the river land, it was very much disregarded.


At the meeting of the board March 1, 1850, but one order was made. "Ordered; That Tyler Higby, Matthias White, and John Ridpath be appointed as judges of an election to be held in Boone River Township, Boone County, lowa, in April A. D. 1850."


At the meeting of the board held in April, 1850, four orders were made to relieve as many citizens from erroneous assessments : "Ordered, That Matthias Hoffman receive an order for fifty cents, the same being as compensation for an excess of taxation for 1849." "Ordered, That James Hull receive an order for five dollars and five cents, for services rendered as School Fund Commissioner."


"Ordered, That two hundred and forty six dollars of the prop- erty of Nicholas Bonnett, assessed in 1849, be and the same is hereby remitted, having been satisfied that he was over assessed that amount."


"Ordered, That sixty dollars of the value of the property of Isom Hull assessed in 1849, be and the same is hereby remitted, having been satisfied that he was over assessed that amount."


At the July meeting of the commissioners the clerk was directed to issue to Samuel H. Bowers an order for $4.00 as payment for assessing Boone County in June, 1850. The clerk was also directed to draw an order in favor of John Gault for the sum of 25 cents in payment for paper furnished to the school fund commissioner.


The following is a copy of the order levying the taxes for the year 1850, the same being the first regular tax levy in Boone County :


"Ordered; That the Commissioners' Clerk make out a correct list of the state, county and school tax on all real estate and personal property of the county, according to the assessment list returned and made out by the sheriff for the year 1850; and also to levy the same at four mills on the dollar for county purposes, two and a half mills on the dollar for state purposes, and one mill on the dollar for school purposes, for which the said clerk shall take the treasurer's receipt."


The fact that this order was for the first tax levy in the county makes it a very historic one. The first acts and the first things done are always things of much interest. Beginnings may at times be awkward and crude, but the historians are always looking for them.


At this meeting of the board of commissioners the clerk was ordered to issue notices for the election of officers, for and in the Township of Pleasant, County of Boone, State of lowa, said election to take place on the first Monday in August, 1850. An election was


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HISTORY OF BOONE COUNTY


ordered for the same time in Boone Township, to fill the vacancy occasioned by the resignation of Pembroke Gault, justice of the peace, in and for Boone County, lowa.


The commissioners seem to have given attention to all matters, however small they may have been, that were brought before them. The board of commissioners was in one sense the legislature of Boone County, and it transacted all such orders and regulations as were at that time really necessary to give the county a start in its business and industrial career. This fact gives to the acts of this first board of commissioners added historical interest.


At the next session of the board the report of the persons appointed to view the first road located in the county was presented. The record runs as follows: "The report of the viewers appointed at a former session of the court, to view and locate a road, com- mencing at Henry Fisher's Point, thence through Section thirty three, near a school house on Honey Creek, in range 26, township 84: thence through section four and nine in said range, township 83; thence through section fourteen, in township 82; near Luther's thence to intersect with a county road from Panoach, Dallas County, Iowa, at the county line near Boles Mill, having been received at a former session of this board, and the said report having been favorable to the establishment of said road, agreeable to the surveyor's plat, of the same, returned to the board, and the said report having been read on three several days, and no objection having been made to the establishment of the same, and none for a review, or for damages having been presented to the board, it is therefore ordered that the report aforesaid be accepted and that the road described therein be established, and declared a public highway, and that road super- visors be required to take notice thereof."


John Rose and Vickers Preston were allowed $4.50 each and Matthias White $3.75, as viewers of said road. S. C. Wood was allowed $7.50 for surveying and platting the said road; John G. Adams, Philip Detrick and others were allowed the sum of $9.371/2 for services as chain bearers and av men in laying out the said road.


As this was the first public highway established in Boone County, it was thought best to give the full record of the proceedings of the board establishing it. Fisher's Point, mentioned in the petition, and report of the viewers, is the point of timber north of Boone about two miles. The schoolhouse on the route in Section 33, on Honey Creek, was doubtless the first schoolhouse built in the county, and certainly the first one on this first road.


101


HISTORY OF BOONE COUNTY


The Madrid Historical Society has among its relics the hand ax used in blazing the trees and driving the stakes in the location of this first road of the county. Although it has been sixty-four years since this road was established, there are a number of sections of it yet in use. One of these sections is four miles in length. The total cost of locating this road, as given in the foregoing proceedings, was $22.371/2.


At the same session of the board the report of the viewers who were appointed to view the road from Swede Point (now Madrid) to the north line of the county, was received and the road estab- lished.


The expense in viewing, surveying and platting this second road established in the county was $19.371/2. The point from which this second road started was near the northwest corner of Polk County, only a short distance south of Madrid. This point was the terminus of a road established by the Commissioners of Polk County, com- mencing on the east bank of the Des Moines River on Court Avenue, thence by way of Sailorville, Polk City and the twenty-mile house, and terminated at the point above mentioned. The terminal and commencement of the two roads is a very historical one, from the fact that both roads were used by the Western Stage Company in carrying the mails and passengers in a very few years after their establishment.


The Madrid Historical Society has the wedge-shaped stone that stood for years at the point at which these two county roads joined. More than one-half of the second road established in Boone County is still as originally located and is still in use.


The next session of the board was held in October, 1850. The official term of Jonathan Boles having expired, he was succeeded by James Corbin, who was elected at the regular August election of 1850. At this session there were petitions presented for changes in certain portions of the two roads established at the previous session. Some of these petitions were granted and the changes made by the board.


At the meeting of the board in January, 1851, it was ordered that the sessions of the board thereafter should be held at the schoolhouse on Honey Creek in Section 33, Township 84, Range 26. This con- tinued to be the place of meeting until the county seat was located.


At the April meeting of 1851, the following order was made: "Ordered; That Reuben S. Clark, as Commissioners' Clerk, receive an order for $14.00 for services in making out the receipts and


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HISTORY OF BOONE COUNTY


expenses and making out the delinquent tax list of Boone County, for advertising the April election, and making out poll books for said election, and making assessors books for the sheriff." The work mentioned would now cost not less than $50. The simplicity of living in those pioneer days makes up much of the difference in the cost of work then and now. Tea, coffee, sugar and clothing were higher in price here at that time than the same articles are now.


At the April meeting of 1851, a petition for a small change in the road running from Fisher's Point to the Dallas County road was presented. This petition was laid over until the July meeting of that year. It does not appear that any action was taken at any future session of the board in relation to this petition. This seems to have been the first petition upon which the board, up to this time, had failed to take favorable action.


At the session of July, 1851, the only business transacted by the board was the following order: "Ordered that the Commissioners' Clerk make out a correct list of the state, county and school tax on all real and personal property, according to the assessment list returned by the sheriff for the year 1851, and also make out and levy the same at four mills on the dollar for county purposes, two mills on the dollar for state purposes and one mill on the dollar for school purposes, and deliver the same unto the treasurer on, or before, the 15th of August, 1851, for which the said clerk shall take a receipt for the same." At the time of the organization of Boone County and for some years thereafter the sheriff assessed the property of the county, or in other words the offices of sheriff and assessor were combined in one.


COUNTY SEAT LOCATED


All these actions of the board of county commissioners, up to the date of July, 1851, and the official actions of all the other county officers, up to that date, were performed before the county seat was located. A period of about two years had now passed since the first county officers were elected and there was yet no place provided for them to transact the business of the county, or to file away for safekeeping any of the official records or documents. If any one had business with a county officer, he was forced to go to the officer's house in order to transact it. If a young man wanted a marriage license, he had to go to the house of the clerk of the court and in the presence of his family, and any other persons who might be


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HISTORY OF BOONE COUNTY


there, name his business. When a citizen wished to pay his tax, he had to go to the house of the county treasurer to do so. This was very unpleasant and inconvenient. The population of the county had by this time increased until a county seat, a place to transact the official business of the county, had become an absolute neces- sity. So the people took action and sent a petition to the legislature, asking for the establishment of a county seat. This petition resulted in the following act: "Be it enacted by the general assembly of the state of Iowa, that David Sweem, of the county of Marion, S. K. Scovell, of the county of Dallas, and Samuel Haworth, of the county of Warren, be and they are hereby appointed commissioners to locate and establish the seat of justice of the county of Boone." This act was approved January 21, 1851.


The time fixed for the meeting of these locating commissioners was between the Ist and the 15th of July, 1851. It appears that a day was fixed for their work through correspondence, but, at the time set, David Sweem was the only one of the commissioners who put in an appearance. There were heavy rains about that time, the streams were all about bank full of water, and this seems to have been the reason the other commissioners did not appear. Mr. Sweem could not locate the county seat without one of the other commis- sioners being there to unite with him in making the location, so after waiting two days over the time set for the meeting he decided to return home.


A number of the citizens came together and appointed Samuel B. McCall to go to Adel and bring Mr. Scovell to his post of duty. They then persuaded Mr. Sweem to remain until Mr. McCall should return, which he consented to do. It was a perilous journey which Mr. McCall took upon himself. After fording a number of deep, swift and unbridged streams, Mr. McCall returned next day, bringing Mr. Scovell with him. It was an heroic act on his part, and that act secured the location of the county seat at that time, which otherwise would have gone over to some future time. The citizens were greatly pleased and they heaped many praises upon S. B. McCall.


The two commissioners met that night at the house of Mont- gomery McCall, father of S. B. McCall, and on the next day sub- scribed to the following oath, before Reuben S. Clark, commission- ers' clerk : "We do solemnly swear, that we have no personal interest in the location of the seat of justice of Boone County, Iowa, and that


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HISTORY OF BOONE COUNTY


we will faithfully locate the same according to the best interests of the county, taking into consideration the future as well as the present population of the county.


(Signed.) S. K. SCOVELL, DAVID SWEEM, Locating Commissioners."


After taking the oath prescribed by the act of appointment, the two commissioners proceeded to examine the county. There were some faithful guides who went with them and pointed out certain available sites which had been frequently spoken of and discussed around many log fires in log cabins by the settlers. After listening to all the claims and arguments upon the different places and passing over all the surrounding country, the commissioners retired to a room and after a short consultation agreed upon the following report :


STATE OF IOWA,


BOONE COUNTY, SS.


BOONESBORO.


"We the undersigned commissioners, appointed by an act to pro- vide for the location of a seat of justice of Boone county, Approved February 21, 1851, do, hereby locate and establish the seat of justice of the said county of Boone, upon the northwest quarter of section twenty nine, (29) in township eighty four, (84) north, and range twenty six (26) west, of the fifth principal meridian, lying and situ- ated in the district of lands subject to entry at the land office at Dubuque. Given under our hands and seals at the place of location this oth day of July, A. D. 1851.


(Signed) S. K. SCOVELL, DAWID SWEEM, Locating Commissioners."


There was great rejoicing over the location of the county seat. The people wanted a certain and fixed place for the transaction of county business. On the morning of the day on which the location was made, the locating commissioners drove along the line of settle- ment for miles and consulted with the settlers in relation to their choice of location, and it seems that a majority of the settlers near the central part of the county favored the location selected by the commissioners. We have been informed by numbers who were present, that about all the settlers for miles gathered at the place of location in time to see the stake driven which marked the location.


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HISTORY OF BOONE COUNTY


A flag was at that moment raised and a shout of exultation went up from those assembled.


The stake was driven near where the north wall of the court house now stands. It is said that S. B. McCall suggested to the com- missioners the name Boonesboro for the county seat, and by this name the county seat was known until it was changed to the Fifth Ward of the City of Boone, April 8, 1887.




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