History of Buchanan County, Iowa, with illustrations and biographical sketches, Part 15

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902
Publication date: 1881
Publisher: Cleveland, Williams brothers
Number of Pages: 574

USA > Iowa > Buchanan County > History of Buchanan County, Iowa, with illustrations and biographical sketches > Part 15

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HISTORY OF BUCHANAN COUNTY, IOWA.

the river, which takes its rise far to the north. This ro- mantic and broken country was, no doubt, a favorite re- sort if not the home of the ancestry and immediate fam- ily of the individual in question. Here, probably, clambering about these rocky defiles, his days of uncouth gamboling had been spent; and when, in 1838 or 1840, the presence of the hunters and trappers, and following them the pioneer settlers, had made his hitherto safe fast- nesses no longer safe, instinct led the bear tribe to re- treat, not in the direction of the flowing water, which would have carried them into the very camp of their enemies; but to return, ascending the streams to the sources from which the water flowed, was their wisdom and their safety.

Many moons had waxed and waned, and bears had disappeared from the valleys and hills of Northern Iowa, but in the autumn of 1859 they reappeared as far south as the fourth tier of counties; and why? We cannot answer for all; but, to the subject of this brief notice, it is evident that this excursion southward was not for pur- poses of marauding, or even foraging, else the suffolks of the farmers of Fairbank would have proved too enticing, and his progress south would have ended where it began, so far as Buchanan is concerned, in the northwest corner of the county. No; that hypothesis is not to be enter- tained for a moment. This aged bruin was drawn irre- sistably, as the Indian often is, to revisit the graves of his ancestors. Entering the county by following the Wapsi- pinicon, at its northwest boundary, and studiously avoid- ing the abodes of men, and eschewing his fondness for roasting pigs and "tame" honey, keeping within the friendly shelter of the woodlands, and travelling at night, he at last entered once more the enchanted wilds of rock and river, which had visited him in dreams and compelled him to undertake his last journey. How else should he have been found in that spot? He did not come from the south. To have reached the locality from either the east or west, he must have crossed a long stretch of open, thickly settled country. No; he was a Wapsipinicon bear, and returned to end his life where it began,

We are encouraged to hope that none will feel called upon to assail what they may choose to call the weak points in this chain of evidence we adduce, as, after patient research of early records, we have not been able to discover any other ground for the claim, that Buchanan county was not overlooked in this last incursion of the northern barbarians.

NOTE .- " Since the above was in type," as the printers say, we have learned that one of those northern marauders was intercepted and killed in Jefferson township. The bear facts are stated in the history of that township ; but Mr. James E. Jewel, who, though but a mere boy at the time, joined in the chase and was " in at the death" of the monster, has given us some additional particulars.

This bear was killed in October, 1859, about two miles east of Bran- don, on the open prairie. About forty men and boys, all without guns, joined in the pursuit. He was so fat and heavy that a man could easily outrun him. But neither men nor dogs ventured near enough to attack him. One dog, with an unusual reputation for ferocity was set upon him; but, when at the distance of about ten feet, the huge planti- grade rose in fierce majesty, standing six feet in height without stock- ings, and showing his deadly teeth and claws. The canine, seeing that death was brewing, and that bruin was death, gave one yelp of mingled fright and despair, turned and fled precipitately with his tail between his legs.

However, the excited crowd managed to keep his bearship in check for about three hours, till Joe Allen, hurrying off to ]. Wilson's, bor- rowed his rifle, and with it succeeded in dispatching the dangerous in- truder, though not until three balls had been fired into his huge carcass. He weighed over three hundred pounds.

CHAPTER VIII.

ERECTION AND ORGANIZATION OF BUCHANAN COUNTY:

AT ITS winter session of 1837-S, held at Burlington, the legislature of Wisconsin Territory (which then em- braced the territory now constituting the State of Iowa) passed "an act to establish the boundary lines of the counties of Dubuque, Clayton, Jackson, Benton, Linn, Jones, Clinton, Johnson, Scott, Delaware, Buchanan," etc. The boundaries of Dubuque and Delaware having been described in the first three or four sections of this act, it proceeds as follows :

SECTION 5. That all the country lying west of the county of Dela- ware and between the line dividing townships eighty-six and eighty- seven, and the line dividing townships ninety and ninety-one, north, extended to the western boundary of the territory, shall be, and the same is hereby constituted a separate county, to be called Buchanan.

SECTION 6. That the counties of Delaware and Buchanan shall, for temporary purposes, be considered in all respects a part of the county of Dubuque.

This act, which was approved December 21, 1837, merely planted the seed of the new county. It gave it "a local habitation and a name," but left its develop- ment into a living organization to the operation of time and its own internal, germinal forces. The subsequent development of the county may seem to have been slow to one who fails to realize the amount of embryotic growth which it had to make. If it takes sixteen months for an acorn to be developed from the blossom, and twice that number of years for a blossoming oak to be de- veloped from the acorn, it ought not to be regarded as wonderful that it took Buchanan county ten years to emerge fully from its embryotic condition. Especially ought this fact excite no wonder, when it is remembered that all the early development of Buchanan county had to be made without any of that remarkable stimulus which railroads have since given to the growth of new counties.

The act above cited fixed the eastern boundary of the county as it now is, and designated the parallels along which the northern and the southern boundary lines still extend westward; but it extended those lines to the western limits of the territory. That is to say, it consti- tuted as the western boundary of the county, those portions of the Big Sioux and the Missouri rivers included within the two parallels mentioned. The county there- fore embraced, theoretically, at that time, a strip of land about two hundred and forty miles long and twenty-four miles wide.

The act locating Blackhawk county, was passed by the Iowa Territory legislature, about five years after this, viz .: on the seventeenth of February, 1843-the boundaries

HISTORY OF BUCHANAN COUNTY, IOWA.

beginning at the northwest corner of Buchanan county. Between these two dates there must, of course, have been an act designating the present western limits of the last named county. When such an act was passed we have not been able to ascertain.

As to the origin of the county's name we have also made somewhat diligent inquiry, without being able to obtain any satisfactory information. The prevailing opinion is, however, that the name was given through the influence of an ardent admirer of the Pennsylvania statesman, James Buchanan, who afterwards became dis- tinguished as the last Democratic President of the United States.

The act of December, 1837, attached Buchanan and Delaware to Dubuque, and that of February, 1843, at- tached Blackhawk and Buchanan to Delaware, for elec- tion, revenue and judicial purposes; and this latter ar- rangement continued till 1847, when this county elected its own officers, and assumed an independent jurisdiction.

The first election was held in August, 1847, when John Scott, Frederick Kessler, and B. D. Springer were elected county commissioners, and Dr. Edward Brewer, clerk-an office which the latter continued to hold for twenty-three years. We have been informed by Dr. Brewer (though we have found no record of the fact) that S. V. Thompson was appointed by State authority, as organ- izing sheriff, and that the election was called and man- aged by him. Doubtless some of the preliminaries were arranged by the authorities of Delaware county, under whose jurisdiction Buchanan was at the time, and by which the latter had been divided into two election pre- cincts, one called Quasqueton and the other Centre precinct.

The earliest record of the proceedings of the commis- sioners' court of the county, shows that certain other officers, besides those above named, were elected, or ap- pointed, at or about the time of the first county election. We transcribe the following entries :

September 4. 1847, John Scott (who was also one of the county com- missioners) filed his bond and took the oath of office as justice of the peace in and for the centre precinct of the county.

September 8th, Thomas S. Hubbard filed his bond in this office as a justice of the peace in and for Quasqueton precinct, having taken the oath of office before Esquire Holmes of the same precinct.

September 23d, Henry H. Baker fully qualified as constable, and Thomas E. Mckinney as a justice of the peace, in and for the centre precinct of the county.

September 28th A. B. Hathaway took the oath of office for coroner of the county.

On the fourth of October the commissioners held their first meeting-their first official act being to divide the county into "three commission districts"-that is (as we suppose) districts from each one of which a county commissioner was thereafter to be elected.

The first of these districts comprised the north half of the county; or the eight congressional townships lying north of the correction line. The second embraced the four southeastern townships, with the exception of the two tiers of sections lying on the west side of townships eighty·seven and eighty-eight of range eight; and the third comprised all the remaining portion of the county.

TOWNSHIP ORGANIZATION.

January 3, 1848, the commissioners divided the county into three civil townships, whose boundaries were made identical with those of the three commissioner districts already established. These townships, like the districts, were first called simply from their numbers; and an elec- tion for township officers was ordered to take place in each of them, on the first Monday in the following April. In township number one the election was to be held "at the store in Independence;" Isaac Hathaway, John Scott, and John Obenchain to be judges of elec- tion. In township number two the election was to be held "at the school-house in Quasqueton;" Benjamin Cong- don, Levi Billings and Malcolm McBane to be judges. In township number three the election was to be held "at the house of Barney D. Springer;" and J. Monroe Scott, Gamaliel Walker and B. D. Springer were named as judges of election.

In July, 1849, the boundaries of these townships were slightly changed, and number one was called Washing- ton, number two Liberty, and number three Spring.

From this date until 1860, the erection of new town- ships and the frequent changes in their names and boundaries, seem to have employed much of the valu- able time of the county authorities. We can give only enough of these to trace the formation of the sixteen townships as they now exist.

The fourth township-Jefferson-was erected May 22, 1852; Buffalo (at first called Buffalo Grove), August 6, 1852; Perry was set off from Washington February 7, 1853; Superior (afterward called Hazleton), July 4, 1853; Newton, the first made conterminous with a con- gressional township (the same as township eighty-seven, range seven, which limits it still retains), was so erected May 1, 1854.

September 19, 1854, the eight townships then exist- ing, viz .: Jefferson, Liberty, Newton, Buffalo, Spring, Washington, Superior, and Perry, were set forth anew, as to their boundaries; all of them being more or less changed, except Newton. At this time Spring township was very irregular in its form, comprising the south half of the present territory of Fremont, sections twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty- seven, thirty-four, thirty-five, thirty-six, and one-half of sections thirty-two and thirty-three, of the present terri- tory of Byron, the west half of the present township of Liberty, all of the present territory of Sumner, and about three sections of the southeast corner of Washington. At the same time Superior township consisted of the west half of the present territory of Buffalo, and all of pres- ent Hazleton except the western tier of sections.

Alton (the same as the present township of Fairbank) was erected March 5, 1855. Prairie (afterwards Fre- mont) was erected March 14, 1856; and Byron, March 20th, of the same year. The remaining townships were erected as follows: Sumner, March 7, 1857; Madison, March 11, 1857; Homer, July 29, 1858; Middlefield, September 21, 1858; Cono, same date; Westburg, Au- gust 6, 1860. The name of Prairie township was changed to Fremont, September 5, 1859; that of Alton

HISTORY OF BUCHANAN COUNTY, IOWA.

was changed to Fairbank June 2, 1862; and that of Su- perior to Hazelton, some time during the same year. The last two changes were made by the board of Super- visors-all the rest by the county court.

We will now give, for convenience of reference, the names of the existing townships, in the order of the dates at which they assumed their present form: New- ton, May 1, 1854; Fairbank (Alton), March 5, 1855; Hazelton (Superior), same date. Madison, Mareh 11, 1857; Buffalo, same date; Homer, June 29, 1858; Mid- dlefield, September 21, 1858; Cono, same date; Liberty, September 5, 1859; Fremont, same date ; Byron, same date; Westburgh, August 6, 1860; Jefferson, same date ; Perry, same date; Washington, September 13, 1860; Sumner, same date.

CHANGES IN COUNTY GOVERNMENT.

The commissioners' court was abolished in 1860, and the board of supervisors was established in its place. About the same time the office of county judge was given up and that of county auditor was adopted. The duties heretofore performed by the county judge now fall in a great measure to the board of supervisors. This body consisted at first of sixteen members, one from each township. At present, however, the number is reduced to seven-all being elected by a general vote of the county. The first supervisors were elected in the fall of 1860, and entered upon their duties January 7, 1861. 'Their names, with the township from which they were elected, are as follows: Elisha Sanborn, of Alton, (Fairbank); E. P. Baker, of Byron; C. H. Jakway, of Buffalo; E. D. Hovey, of Cono; James Fleming, of Fre- mont; S. S. Allen, of Homer; John Johnson, of Jeffer- son ; William Logan, of Liberty ; J. B. Ward, of Madison; James M. Kerr, of Middlefield; N. W. Richardson, of Newton; D. B. Sanford, of Perry; V. R. Beach, of Sumner; William C. Nelson, of Superior (Hazelton); George W. Bemis, of Washington; William B. Wilkin- son, of Westburgh.

PRESENT COUNTY OFFICERS.

The present officers of the county are as follows: Au- ditor, George B. Warne; clerk of courts, O. M. Gillet; treasurer, J. A. Poor; recorder, J. W. Foreman; sheriff, E. L. Currier ; school superintendent, W. E. Parker; sur- veyor, J. N. Iliff; coroner, H. H. Hunt.

SUPERVISORS.

C. R. Millington, of Washington, chairman; H. M. Coughtry, of Byron; G. M. Miller, of Hazelton; A. H. Grover, of Homer; T. E. McCurdy, of Buffalo; W. H. L. Eddy, of Liberty; W. H. Gates, of Perry.

CHAPTER IX.

THE COUNTY SEAT WAR.

IT is said that an early History of Ireland contained a chapter entitled: "The Snakes of Ireland"-the whole of which consisted of six short words, as follows : "There are no snakes in Ireland."

To those who have never written a history, there may be nothing in that announcement but the cool, unimpas- sioned statement of a historical fact. But to us who have "been there"-i.e., not in Ireland, but in the his- tory business-it is the laconic expression of an almost inexpressible regret. We think that we can read between the lines" -- or, rather under the line; for there was but one line written-the confession of a sad disappoint- ment.

We can fancy that historian-who was probably not an Irishman, though he had learned to manage the vernac- ular like a native-setting out upon the composition of that chapter with high hopes of pleasurable excitement, both for himself and his readers. With what marvelous "snake stories" he was about to garnish his work ! Monsters of fabulous length and fleetness were to rush out upon the defenceless inhabitants, from the reeds along the banks of the Shannon, or from the peat bogs of Kildare. Pitiless as an English landlord, they would make nothing of distraining the last pig of some widowed Kathleen; and only the valorous spades of the paternal Patricks would save the infant Pats from a like tragic fate.

He sharpens his well-worn pencil (we always write his- tory with a pencil) sets down the heading of his chapter, and then he thinks himself to consult authorities in regard to the herpetology of the Emerald Isle. As he reads, the fine frenzy disappears from his eye; and when, at last, the utter snakelessness of his condition becomes apparent, he closes the encyclopedia in despair. How- ever, "what is writ is writ." The heading must stand; and the few brief words written under it, while they em- body an interesting historical fact (or fiction), shall, at the same time, record his own grievous disappointment : Alas! "there are no snakes in Ireland."

And so, when we recall the thrilling, warlike incidents which, in so many counties, have attended the removal of the county seat-the harsh clashing of pecuniary and sectional interests-the vigorous political campaigns- the fiery eloquence of orators, subsidized by the friends of removal on the one side, and by its enemies on the other-the gathering of the hostile clans around the ballot-box-the frequent defeat and the final victory at the polls-the refusal of obstinate (though obsolete) of- ficials to deliver up the county archives-the siege of the old court house by the new sheriff, with his comic possetatus, bearing the decree of the court as their banner with its strange device-the defiance of the besieged who, with guns in their hands, stand at the port-holes and hurl back, as their war-cry, the legend on the banner of their foes: "mandamus, if we yield!"-when we recall all this, and think of the opportunities for fine writing which the scenes thus hinted at afford, it is with a teeling of regret similar to that of our Irish historian, that we find our-

HISTORY OF BUCHANAN COUNTY, IOWA.

selves compelled to set down, as the pith and marrow of this chapter, an announcement which is only a parody of his :

"There was never any county seat war in Buchanan county."

Independence has been the capital ever since the county was organized ; and there is not now, and prob- ably never will be, any other place that will be either able or disposed to compete with it for that honor. The county archives are there, and, in the language of the immortal Webster, "there they will remain forever."

CHAPTER X.

THE COURT AND THE BAR OF BUCHANAN COUNTY.

IN THE year 1847, there stood a small wooden building on the corner of Main and Court streets, in the city of Independence, the spot where what is called the Brewer block now stands. The small, dingy front room of this building was used as the county clerk's office and court room. The back end was occupied by Dr. Edward Brewer and family.

In the fall of that year, a gruff-looking man, in a one- horse buggy, drove up to the front door of this building and from his seat called for the clerk of the court to ap- pear. Dr. Brewer modestly stepped to the door, when the following colloquy took place:

"Is this the clerk of the court?"

"It is."

"I am Judge Grant. Are there any cases on the docket ?"

"Yes; there are two. One an original case; the other an appealed case from a justice of the peace."

"Bring the docket out here."

The doctor carried the docket out to the buggy. Says the judge :

"Do you know anything about these cases ?"

"I do. One is an original case against myself; that is to be dismissed. The other is an appeal from a jus- tice by the defendant. I am counsel for the plaintiff. That is to be affirmed."

"All right. Enter them up accordingly."

And the judge drove off. Thus ended the first court ever held in Buchanan county.

Dr. Brewer had just been elected county clerk, the first clerk of the county, and a position which he held continuously for the next twenty-one years.

Court was held the following year by Judge Grant, in a log building just south of the Dr. House dwelling, in what is now the street. The year following, it was held in an old building occupying the ground where the First National bank now stands. It was at this place that a scene occurred which illustrates the practice of the times, likewise the peculiarities of Judge Grant, and the summary manner of dispensing with justice.

Two men from Black Hawk county were here on trial for disturbing the peace. As was usual in those days, a large number of neighbors and friends of the parties, and a host of witnesses, were on hand. As the skirmish was about to commence, the judge said to Dr. Brewer :

"Call out all the men from Black Hawk county, and have them stand in a row."

This was done, and enough stood in the row to make a good-sized militia company.

"Now," says Judge Grant, "put all those men under bonds to keep the peace." It was done at once, and court adjourned.

The next year T. S. Wilson was elected judge of the district court. His first term was held in the old Meth- odist church, just back of the present church. This building resembled a nine-pin alley, and was just about as large. The year following, it was held in the upper room of the stone building now occupied by Tom Cur- tis as a livery stable, and in a school building where the jail now stands. It was afterwards held in a wooden building just south of Orville Fonda's store, on the west side of the river, and afterwards, in 1856, in the new court house.

The first judge of the district court of this county was James Grant, who held his position from 1847 to 1853. The second judge was T. S. Wilson, of Du- buque, who held his first term ir. June, 1853, and his last term in September, 1862. The third judge was James Burt, of Dubuque, who held his first term in April, 1863, and his last term in October, 1870. The fourth judge was J. M. Brayton, of Delaware county, who held his first term in April, 1871, and his last term in April, 1872. The fifth judge was D. S. Wilson, of Dubuque, who held his first term in October, 1872, and his last term in September, 1878. The sixth and present judge is S. Bagg, of Waterloo, whose term commenced January 1, 1879.

The first term of the first circuit court of Buchanan county was held in March, 1869, S. Bagg, of Waterloo, judge. The first case tried in this court was D. D. Hol- dridge vs. Andrew Nicolia.

B. W. Lacy was appointed circuit judge to fill the vacancy caused by the resignation of S. Bagg to fill the position of district judge, and held his first term in Feb- ruary, 1879. He was reelected in the fall of 1880 for a term of four years, commencing January 1, 1881.

The first sheriff was Eli Phelps, term commenced Jan- uary 1, 1849, expired January 1, 1850. Second sheriff, H. W. Hatch; term commenced January 1, 1850, ex- pired January 1, 1852. Third sheriff, O. B. King; term commenced January 1, 1852, expired January 1, 1853. Fourth sheriff, Norman Picket; term commenced Jan- uary 1, 1853, expired January 1, 1854. Fifth sheriff, Eli Phelps; term commenced January 1, 1854, expired January 1, 1856. Sixth sheriff, Leander Keyes; term commenced January 1, 1856, expired January 1, 1858. Seventh sherift, William Martin; term commenced Jan- uary 1, 1858, expired January 1, 1860. Eighth sheriff, Byron Hale; term commenced January 1, 1860, expired January 1, 1862. Ninth sheriff, John M. Westfall; term

HISTORY OF BUCHANAN COUNTY, IOWA.

commenced January 1, 1862, expired January 1, 1866. Tenth sheriff, A. Crooks; term commenced January I, 1866, expired January 1, 1868. Eleventh sheriff, John A. Davis; term commenced January 1, 1868, expired January 1, 1872. Twelfth sheriff, George O. Farr; term commenced January 1, 1872, expired January 1, 1876. Thirteenth sheriff, W. S. Van Orsdol; term commenced January 1, 1877, expired January 1, 1880. Fourteenth sheriff, E. L. Currier; term commenced January 1, ISSo.

Dr. Edward Brewer was elected clerk of the court in 1847, and served until 1868; D. L. Smith was elected in 1868, and served until 1878; R. J, Williamson was elected in 1878, and served until 1880; O. M. Gillette was elected in the fall of 1880.

BIOGRAPHICAL SKETCHES OF LAWYERS.

JAMES JAMISON was born, February 14, 1828, in the county of Armstrong, Pennsylvania. Of his father we can learn but little, except that he was very poor, and died when James was two years of age, leaving a widow and two children. James was given to his uncle with whom he lived until he was eighteen years of age, work- ing on the farm summers and attending school winters. At eighteen he cut loose from his uncle and commenced the struggle of life alone and unaided.

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History of Buchanan County, Iowa, with illustrations and biographical sketches, Part 15

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902 Publication date: 1881 Publisher: Cleveland, Williams brothers Number of Pages: 574

Author: Williams bros., Cleveland, pub. [from old catalog]; Riddle, A. G. (Albert Gallatin), 1816-1902
Publication date: 1881
Publisher: Cleveland, Williams brothers
Number of Pages: 574