USA > Iowa > Clayton County > History of Clayton County, Iowa : from the earliest historical times down to the present : including a genealogical and biographical record of many representative families, prepared from data obtained from original sources of information, Volume I > Part 7
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At an August session, Herman Graybill was licensed to keep a tavern and grocery at Prairie la Porte for the sum of $55 a year. In the meantime L. D. Tompkins had taken the place of Dean Gay as clerk of the board and issued this license.
FIRST COUNTY SEAT
An election having been held, the new board, consisting of Patton McMullen, H. T. Lander and W. W. Wayman met for organization on August 12, 1839. Prior to this time the record simply shows that the board met at Prairie la Porte, but at this time the following entry is found, "the commissioners agree with Herman Graybill to furnish a room for holding court and rooms for the grand and petit juries for the sum of $5 per day." Thus Graybill's tavern seems to have been the first county seat. At the September session there are evidences of some dissension between the board and the clerk, for Charles E. Bensell was
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appointed clerk "during the option of the commissioners ;" and L. B. Thompkins writes his resignation into the record. The new board appointed Baldwin Olmstead, William Walker and Herman Graybill as road commissioners, and Ambrose Kennedy, Herman Graybill, Horace Mallory, John Downie and Jesse Doudley as school commis- sioners and election officers. In October, 1839, a road was ordered from "the Colony to the sawmill on Elk Creek, thence to Elisha Board- man's, thence to the territorial road," and "from the mouth of the Turkey river to Millville or Price's Mill," and the commissioners were ordered to meet at the house of William Walker to carry out these orders. Among the first roads of the county was one from Prairie la Porte to Hatfield's Mill and another "from Prairie la Porte to the nearest and best point to intersect the territorial road toward Turkey river."
The vexed question of the county seat concerned the board at its session in October, 1839, and notices were ordered posted for "letting out the building of a court house and other buildings at Prairie la Porte, the county seat," also a deed was drawn up between the county commissioners and Herman Graybill and John Meyers, "the latter re- linquishing all their right title and claim to their claim to Prairie la Porte." The board adjourned to meet October 19, for the purpose "of letting out buildings." At the October 19, meeting, however, all of the above actions concerning county buildings were rescinded, and in lieu thereof, the commissioners decided to "meet at the Washington Hotel in the town of Dubuque, on Thursday, the twenty-fourth day of October, for the purpose of proving the pre-emption right to the northeast quarter of section seventeen, township 92, range 2, west."
The board made the intended journey to Dubuque and the follow- ing entry is made of the Dubuque meeting: "Agreeable to previous notice the board of county commissioners met at Dubuque, October 24, 1839 ; present, H. T. Lander, W. W. Wayman and Patton McMullen. The board having organized, proceeded to land office and proved pre- emption to N. E. Qt. of S. 17, R. 2, W. Town 92 north, for the benefit of Clayton County, the above being fractional quarter of 94 acres. Amount paid for receipt of land office $118.62."
The board met at Prairie la Porte October 29, but owing to the absence of one of the commissioners, county seat matters were not taken up, although other business was transacted, including the estab- lishment of the following roads, "commencing at Prairie la Porte and running to the south end of Prairie la Porte, then crossing the creek and running to the bluff, then down the bluff to the deep hollow, then up the deep hollow to third ravine, then up the third ravine to the ter- ritorial road," and, also, a road with an equally technical description as follows, "commencing at the mouth of Turkey river and following the bank of Turkey river to the mouth of Bluebelt to intersect the ter- ritorial road, then following the territorial road until back of Holtz- berger's, then to near the mouth of Little Turkey, then up the mouth of Little Turkey until up to Price's new house." It was also ordered that each "free male white citizen" be compelled to work five days on the roads.
At a meeting, November 12, H. D. Bronson was appointed clerk,
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vice Charles E. Bensell, resigned ; C. S. Edson was employed "to survey the county land into town lots and to be to all expense for survey and drawing three plats for sum of $150." At this session, also, is found the first reference to a Justice of the Peace, the bond of Henry H. Sibley being "excepted" and filed.
The board was in session four days in December, 1839. The com- missioners were allowed $3 per day for three days, for their trip to Dubuque, together with their expenses, making a grand total of $51. Relative to the county seat it was "ordered that there be a court house built on the public square, at Prairie la Porte, by the first of September, next, size and quality of building to be hereafter mentioned; also that the sale of town lots take place on the first Monday in April next ; also, that the furnishing materials, and building of said court house on the public square in Prairie la Porte to be finished by the fifteenth of September. Resolved, further, that the sale and building be advertised in the Iowa News for three months." This ended the work of the county board for the first decennial and the next session was held January 6, 1840.
EARLY COURT SESSIONS
In the meantime other branches of government had not been idle. In April, 1839, a term of the District Court was held at which Edwin Reeves acted as United States Attorney and Hiram Loomis as Marshal. This was the first term of court at which actual business was transacted. The first cause called was an attachment suit of Her- man Graybill vs. Edward E. Oliver, and judgment was rendered by default. The second was that of W. W. Chapman vs. H. T. Lander for trespass, this also went by default. The first divorce case was that of Thomas Walker vs. Mary Walker. As the defendant was a non-resident, notice was ordered published in the Iowa News of Dubuque, which was the only newspaper in all this region at the time. The petit jurors for this term were Robert Hetfield, Eli Carlin, Wil- liam Deans, Patton McMullen, David Hastings, E. Boardman, Samuel Peck, A. S. Cooley, H. Redman, Martin VanSickle, James Brown, James Henderson, L. B. Thompkins, William W. Wayman, Solomon Wadsworth, William Harper, and Michael Stents. The panel being incomplete the sheriff called in the following by-standers to complete it : E. Price, H. T. Lander, E. R. Hill, C. S. Edson and John Wilkinson. The first indictment returned by a Clayton county grand jury was against Daniel Beezley. The case was continued and the defendant held under bond of $400 furnished by Joseph B. Quigley. The first jury trial was in the case of C. M. Price vs. H. Graybill, an attachment suit. This case the jury decided in favor of Price. Pierre la Grois was tried before a jury for selling liquor to the Indians, was found guilty and fined $80 and costs. The case against Daniel Beezley was also tried before a jury and Beezley was found "not guilty." At this term of court, also, James Crawford was admitted to the bar on motion of J. B. Barrett. Mr. Crawford never made his home in this county.
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JUDGE T. S. WILSON
Judge Thomas S. Wilson, who presided over the early courts of Clayton county was the first territorial judge for Iowa, and he presided over the courts here until 1847, when the judicial district was changed by the constitution of 1846. In 1852 he was elected judge of the ninth judicial district which did not include Clayton county. He served in the legislature in 1866 and 1868 and died in Dubuque at a ripe old age. He was an excellent judge and his honesty and just decisions did much to establish confidence in the court and to instil respect for law in Clayton county.
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CHAPTER III
CLEARINGS-1840-1850
NEWCOMERS-COUNTY GOVERNMENT-FERRY LICENSES-REBECCA CLUES -W. W. WAYMAN-BOARD OF 1841-2-ELECTION OF 1842-FOUNDING OF JACKSONVILLE-PROBATE COURT-DISTRICT COURT-EARLY ELEC- TION PRECINCTS-BEGINNINGS OF GUTTENBERG-COUNTY JAIL-GAR- NAVILLO-HARTGE MURDER-COUNTY AFFAIRS IN 1847-TEN TOWN- SHIPS NAMED-FIRST COUNTY SEAT ELECTION, 1849-COURTS-JUDGE JAMES GRANT-COUNTY IN 1850.
W ITH the year 1840 we have passed the crudest of the pioneer days. There were many who felt themselves at this time to be old settlers. Certain men were rising above the level of their fellows, showing by their ability and energy that they were to be the leaders of the county. During the decade from 1840 to 1850 the county was to see many changes. During the first of this decade emigration continued as it had, but with diminishing volume. In 1838 the popula- tion was 274, in 1840, 1044, in 1844 it had increased but little, the pop- ulation being 1200. In 1846 it was 1500. At this time began the early German immigration and, by 1847, the population had grown to 2176, by 1849 it was 3000, and in 1850 it had increased to 3873. The first period of what may be called purely American settlement, although there were many foreigners included, lasted from 1833 to 1846, after which the county underwent a transformation by the infusion of much German blood.
The newness of the first period with which we have already dealt is shown by the fact that William Grant, one of the first com- missioners, and John Downie, also one of the first officials, did not become citizens of the United States until June 27, 1842.
THE NEWCOMERS
Among the newcomers during the first part of this period who afterward became prominent and respected citizens were Douglas Peck, noted as a hunter, who came in 1841; William Schulte, who settled at Garnavillo in the same year, and who was one of the very first German immigrants. He was noted for his great physical strength and he and his sons were prominent throughout the history of the county. John S.
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MEMOIRS OF CLAYTON COUNTY
Lewis, an inventor, as well as a farmer, settled in Volga township, in 1842. Henry Graybill came as a lad to Prairie la Porte the same year. S. H. F. Schulte, another German, destined to be prominent, was born in Garnavillo township, in 1842. Frederick Hartge and Asa Gifford and his son George were also among the newcomers in 1842, Hartge locating on the present site of Elkport. About this time Michael and John Stence, Joel Post, John Roberts, H. H. Singer, P. R. Moore and Alex Paul joined the settlement near Boardman's Mill. Cyrus Hender- son, Robert Bunker, William Foster and Joseph Heinrich were Buena Vista pioneers. Joseph Hewett began trade with the Winnebagoes on the Cass township line, in 1844. Orin Keeler and James Cowell estab- lished a ferry at the foot of Sny Magill and endeavored to establish a town, christened Keeleroy, in 1846. Phillip Cox, who gave his name to Cox creek, was an 1842 settler, remaining only long enough to fasten his name upon the stream and township. A German family by the name of Falldorf came to this township in the same year, but were driven out by the Indians and endured many hardships. The place of their resi- dence is still known as Dutch Hollow. William Bente and Captain Douglas Quigley settled in Cox Creek in 1844 and 1845, respectively. In 1843, Garnavillo became the home of three men who proved them- selves to be among the giants of Clayton county. These men were Samuel Murdock, Reuben Noble, and E. H. Williams. James Watson, who later donated to the county the present site of Garnavillo, also came to the county about this time. In Giard township the settlers during this period from 1840 to 1845 were James Tapper, Samuel A. Goth, William Clement, Hugh Graham, and Ira B. Briggs.
The settlement of Lodomillo township did not begin until 1844 when a Mr. Lyon settled on section 26. The real pioneers of what became known as the "Yankee Settlement" were Horace Beavis, Isaac Preston, and William C. and F. C. Madison, who settled there in 1845. P. P. Olmstead and David Olmstead were the first white settlers in Monona township, settling near the Indian village connected with the government station. S. Cummings, John Rowe, A. T. Depew and C. B. Gray followed them in 1841-42. Among the other settlers in this period in Monona township were John Roberts, E. Bonnel, E. D. Button, P. R. Moore, John Zimmerman, John Bull, C. B. Guy, a black- smith, Robert Tucker and Mr. Bushnell and family. Rev. Father Joseph Cretin, afterward bishop of St. Paul, found a sufficient number of his faith in the county so that he made missionary visits through the county, holding services at the homes of church members, in 1841-42. John Paddleford and his brother Leverett and John Mayville made their first visit to Sperry township in 1842 and Mr. Paddleford made it his permanent residence in 1845.
COUNTY GOVERNMENT
The county commissioners with H. D. Bronson as clerk resumed its sessions in January, 1840, and it is noted that Isaac Preston was granted a license for "keeping grocery," and that E. Price was paid for services for "the organization of county commissioners, August 12, 1839." The board considered plans for the new court house, but in the
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CLEARINGS-1840-1850
meantime continued to rent quarters of Mr. Graybill. Adjournment was taken on March 30, to meet at H. D. Bronson's, at Prairie la Porte.
On April 8, 1840, the board met and "ordered that the sale of lots of the county land is open and sales commenced and stand until 5 o'clock P. M. and that the sales be registered." On the next day the sale of lots made to G. M. Price were approved and, from the proceeds, the commissioners drew for their expenses for the trip to Dubuque, with 20 per cent interest. Robert Hetfield was appointed public agent for disposing of the land at the county seat.
On May 12 the contract for the new court house was let to Bronson and Jones.
A bond was drawn up on which William D. Grant was security. The county was to pay $2,500, "at 15 per cent interest from the time the same notes are drawn and not paid." The building was to be erected by November I. The first bill for a coroner's inquest was allowed William Walker, Esq., at the July session of the board ; this for holding inquest on the body of a person, unknown, drowned in the Mississippi river. At this time, July, 1840, the old election precinct number three was discontinued and a new precinct formed which included what are now Giard, Mendon, Farmersburg and the north half of Clayton townships. There seems to have been no provision for an election in the four northwest townships of the county. Showing the wide jurisdiction of Clayton county at this time are the following entries, "Ordered that the settlement at the outlet of Lake Pepin be composed as an election precinct, to be called the sixth precinct and that Charles Sweet, Oliver Cratt and James Wells be appointed first judges and election held at the home of Oliver Cratt."
A similar order was issued for an election precinct at the mouth of the St. Peters river to be known as precinct seven. At this term Asa Gifford was appointed a road commissioner "in the place of S. B. Olmstead who refuses to act."
The necessity for a building for the safe-keeping of records was felt and the board contracted with Robert Hetfield for the delivery of the "stuff" necessary, and with David Hastings for the erection of a building, 14 feet square, for this purpose. Horace D. Bronson resigned as clerk of the board and Alfred Northan succeeded him. J. W. Griffith was allowed $40 for assessing Clayton county for the year of 1840.
Ferry Licenses-Ferry license was granted to Thomas P. Park to keep a ferry across Turkey river at Mead's Branch. The license fee was $2. And the tolls were fixed as follows: "For each person, 121/2 cents ; each horse or mule, 25 cents ; wheel carriages, each wheel 121/2 cents ; every head of cattle, 25 cents ; swine or sheep, 61/4 cents ; every cwt. of freight over 5 cwt., 5 cents."
A license was also issued to William Walker at this session for a ferry at or near the mouth of Turkey river across the Mississippi river, the fee was $5 per annum and the rates just double those allowed on the Turkey. At an adjourned meeting, held October 26, 1840, at the house of Herman Graybill, the following bonds were approved: Fred- erick Andros, Recorder ; Ambrose Kennedy, Treasurer; William Sackett and David Springer, Justices of the Peace; William Walker,
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Coroner, and David Hastings and Thomas P. Park, Constables, and Edwin Lyon, Assessor. On the next day the bonds of Nathan Springer as Constable and Robert Campbell as Justice were approved. H. C. Munche was allowed $31.50 for services as messenger from the judges of election at the St. Peter precinct. At the October election Elisha Boardman succeeded Patton McMullen as a member of the board and he acted as a commissioner for the first time on December 31, 1840. In January, 1841, Eliphalet Price was appointed clerk of the board and Daniel Beezley, road supervisor, was instructed "to call upon the citizens in his district to work a good wagon route up the hill from Mr. Lander's on the territorial road." In February the assessor was ordered "to assess the people of St. Peters and all intermediate points between the county seat and that place." A road was ordered at this session to commence "at the termination of the Dubuque road at the Colony from thence to Elk creek, through the Boardman settle- ment to intersect the territorial road to Prairie du Chien. Evidently the court house was not completed, for quarters were rented from Her- man Graybill for the year 1841.
Rebecca Clues-It is at about this time that we find the first of a long series of appropriations for the care of Rebecca Clues who was the first "county charge." W. W. Wayman was a member of the board and it is said that he was responsible for her coming to the county and just how it happened that he allowed her to be maintained at county expense is not explained. Eliphalet Price, who did more than any other man to preserve the history of the county and who wrote in a delightful vein that was real literature, has this to say of Rebecca Clues : "She was for many years a county charge, and all this time passed for a white person. Formerly she was a dark mulatto, and the slave and property of Governor Clarke of Missouri who emancipated her after her change of color. This change of color from a mulatto to a white took place immediately after her recovery from a severe attack of billious fever. She was the head, or principal, cook in the family of Governor Clarke, who lived in great style in St. Louis, and was the owner of many slaves. As a cook she had few superiors. When she first came to the mines she could speak the French and Spanish languages as well as the English, but in after years she lost all knowledge of the French and Spanish, and began to speak the English with the Negro dialect. Aunt Becky, as she was called, had exper- ienced many of the vicissitudes of frontier life. She had been a slave and a free woman; a mulatto and a white woman; she could speak at one time three languages; she was the first woman that came into Clayton county, and, after a residence here of twenty-four years, was the first woman in the county who died a pauper, after having attained the age of about eighty years."
Wayman himself seems to have been an odd character, although he was much respected and did good work as a member of the board. Relative to him the history of 1882 speaks as follows:
W. W. Wayman-Colonel William W. Wayman, the first settler of Volga township and Clayton county, was a native of New Hamp- shire, a man of liberal education and polished manners. In his habits and the expression of his face, it was easy to detect one of those
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freaks of human nature that occasionally appear among the descendants of the pilgrims of New England, disturbing the purity of the Saxon blood by portraying in lineament and contour that of the Narragansett of the Wampanoag. Among white men he was reticent, watchful and restless; in the society of the Indian he was authoritative, stern and commanding. He never performed any manual labor other than that which pertained to the indoor affairs of his house. The Indian and the half-breed regarded him as a mysterious being. They would toil and labor for him without any other reward than the pleasure of being near his person. The largest portion of his lifetime had been spent upon the frontier, in the society of the Indian and the hunter, and yet he could never be prevailed upon to give any information con- cerning the manners, customs or traditions of the Indians. Intimacy and social intercourse with him for many years upon the border only seemed to render more impenetrable the shield of mystery that he had woven around the events of his life. He was the father of a half-breed daughter, whom he educated at Prairie du Chien. Little more is known of this strange life, whose story died with him.
Hon. Eliphalet Price gives an account of the circumstances attend- ing his death: "In the fall of 1848, about the midnight hour of a dreary night, our dog drove an Indian to the top of a hayrack that stood leaning against the dooryard fence. Upon going to him he handed us the following communication: 'Come quick; I am dying ; Ann will give you my keys. W. W. Wayman.' We hastened to him, but he was dead when we reached his residence. The keys unlocked, in part, the history of a strange, adventurous life, and told us that his name was William Wallace Hutcherson, a descendant of the May- flower." Colonel Wayman, however, was hardly a settler of Volga township. He was an Indian trader, and kept a trading post at the mouth of the Volga, on the Turkey.
Board of 1841-During the year 1841 a license was issued for a ferry across Turkey river at Millville and a road from Millville was located on the most direct route to Dubuque. At a meeting held April 5, 1841, which was also attended by Henry Holtzbecker, who had succeeded John W. Griffith as sheriff, a ferry license was issued to Thomas P. Burnett and Alexander McGregor, "to keep a ferry across the Mississippi river from Cooley de Soo to Prairie du Chien." This license was for two years at $5 per annum and rates were as follows: Single man, 25 cents; wheel carriage, per wheel, 25 cents; horned cattle, per head, 50 cents; horses, 50 cents; hogs, 121/2 cents ; sheep and goats, 614 cents; mules, 50 cents; freight, not contained in vehicle, 1272 cents per cwt. The first mention of a county bridge is on April 6, 1841, when it is ordered that "Eliphalet Price be allowed the sum of $45 for building a bridge across Little Turkey river at Millville and the same bridge be accepted as the property of Clayton county."
A new election precinct was created, elections to be held at the house of David Lowrie with H. D. Bronson, John B. Thomas and David Lowrie as judges. This precinct was at the "new mission" and the bounds were designated "by the bounds of the Neutral Grounds." The session of April 28, 1841, was evidently a heated affair for the
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following entries are found : "Whereas the assessor (Edwin Lyon) of the county of Clayton has neglected and refused to perform his duty as assessor, and a statute of Iowa provides that the board of com- missioners shall fill such a vacancy by appointment, be it, therefore, ordered that Thomas P. Park be appointed to fill the vacancy occasioned by the neglect and refusal of such assessor and that the assessment roll be delivered to the said Thomas P. Park for 1841." And below this comes the ominous entry: "Ordered that Daniel Justice be fined the sum of $2 for contempt of court."
The commissioners were evidently subjected to considerable criti- cism for, on July 6, 1841, the following entry was made: "We the undersigned, through the medium of the records of the board of county commissioners, do declare and make known that we herewith resign, each of us, the office of county commissioners of Clayton county -reserving the right to perform the duties of said office until our suc- cessors are duly elected and qualified for said office according to law." Signed, H. T. Lander, Elisha Boardman, W. W. Wayman. The record book now contains the bonds of William Weatherwax, William H. Post, W. W. Wayman, David Springer and James A. McClellan as Justices of the Peace, Graham Thorne, constable and Ambrose Ken- nedy, Treasurer. The report of commissioners appointed by the leg- islature to locate a territorial road between Iowa City and Prairie du Chien was accepted and L. M. Strong and Israel Mitchell were paid for their services as commissioners.
On August 23, 1841, the new board, consisting of E. Price, A. S. Cooley and Thomas Linton, qualified and Charles S. La Grave was elected clerk, Edgar Griswold acting in his absence. The bonds of Griswold as assessor and of Anson Rudesill as public administrator were approved. Thomas P. Parks was allowed $100 for services ren- dered in assessing the St. Peters country in 1841.
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