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 8
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A posting of the books from October, 1839, to August 26, 1841, showed that the county expenditures were $3,054.72, and the receipts $2,096.59, making the indebtedness of the county $959.13. Having accumulated a county debt, it will be seen that Clayton had reached an advanced stage of civilization. A contract was made with Herman Graybill for the purchase of a frame building situated on the public square at Prairie la Porte for county purposes and for the use of the building then occupied by the county court, "for the use of all town, county or public meetings, whatsoever." It was in this year that the territorial road was established from Dubuque to Fort Atkinson. Calbert Roberts, Samuel S. Clifton and Joseph Hewitt were the com- missioners appointed by the territory. The county paid for their serv- ices but charged a portion to the county of Fayette, as there were 2014 miles of this road in Clayton and 2934 miles in Fayette.
An entry which is interesting but the details of which are not known reads as follows: "Ordered that the petitions received for and against an election be considered not a fair representation and that the petitions for and against an election at the next meeting of the board will be acted upon by the board and that the majority of the people of Clayton county proper, within 50 miles, including the mission precinct." The above is very ambiguous and does not state the reasons
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for such petitions nor the nature of the election desired. It shows, however, that, the commissioners considered everything within 50 miles of Prairie la Porte as belonging to "Clayton county, proper."
It was in this year that James A. McClellan shot and killed Henry Holtzbecker, the then sheriff of the county. This tragedy occurred at Prairie la Porte. The two men got into a personal quarrel and it is claimed that Holtzbecker went to his house and obtained a pistol for the avowed purpose of shooting Mcclellan, and that, when Mcclellan saw him approaching with his weapon drawn, Mcclellan, who had a loaded rifle at his side, fired and killed Holtzbecker instantly. Asa Griswold presided as Justice of the Peace at the preliminary hearing which followed Mcclellan's arrest, at which time Mcclellan was acquitted on the grounds of self-defense. Holtzbecker was succeeded by J. W. Griffith as sheriff. In January, 1842, an accounting was made with the treasurer, Ambrose Kennedy, and it was found that a balance of $991.69 was due the county. This was promptly paid, how- ever, and the account balanced.
Polly Reese was the second person to be cared for by the county and is described as an "insane female without relatives or friends." On the fifth day of February, 1842, Polly Reese "was offered to the lowest bidder and struck off to James Henderson at the sum of $2.871/2 per week." Mr. Henderson evidently found he had made a poor bargain for he soon turned Polly back to the county and later, many bills were allowed different people for her board and care.
The first record of a bounty is found under the date of March 7, 1842; for black or gray wolves $1.50 was offered; for cubs 75 cents ; for prairie wolves $1, and for cubs 50 cents.
It was April 4, 1842, that Robert R. Read succeeded E. B. Lyon, as clerk of the board. Mr. Read afterward served the county in official capacities until the infirmities of age forced him to resign. Read town- ship is named in his honor and he was one of the most popular men in the county. A sketch of his life is given elsewhere. At this session of the board H. M. Rice was licensed to keep a ferry across the Mississippi at what was known as Doucmans Ferry at Prairie du Chien. At this time Millville precinct was extended to include the south part of Jefferson and Mallory townships; at the same time Elk Creek precinct was extended "to include all persons residing between the waters of Turkey river and Elk creek in the county of Clayton, and all persons residing in the county of Fayette." Wanzer precinct was divided and a new precinct called the Yellow River precinct was created, the boundaries of which were as follows: "From the mouth of Bloody Run, following its stream five miles, thence to Yellow river, eight miles up said river, thence to the Painted Rock." Mission pre- cinct was attached to Yellow river precinct. Williard Knight was made supervisor of a new road district which was to include all persons living south of Dr. Andros's and north of Robert R. Read's. The board met on July 4, 1842, but no official recognition of the day is made. Part of the business transacted that day was to change the voting place of Boardman precinct from the "Dry Mill" to the home of Elisha Boardman.
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THE ELECTION OF 1842
In August, 1842, the board canvassed the votes of the preceding. election and entered results on the minute book. This is the only election during the 40's of which we have any complete record. The vote was as follows: Sheriff-Ambrose Kennedy, 71, John Linton, 54, Thomas P. Parks, 20; Commissioner-A. S. Cooley, 137; Clerk- Robert R. Read, 133, E. B. Cornish, 3; Recorder-Charles E. Ben- sell, 8, E. B. Cornish, 60; Coroner-Robert Campbell, 59, William Walker, 12, James King, 31, John W. Gillett, 36; Surveyor-C. S. Edson, 65, H. D. Lee, 70; Assessor-Horace D. Bronson, 107, Charles Sawyer, 25; Treasurer-H. T. Lander, 59, David Springer, 20, John Downie, 36.
The vote by precincts will be of interest as indicating the density of population. It was as follows: Wayman: Justice-Asa W. Gif- ford, 15; Constable, Edward Dickens, 15. Prairie la Porte: Justice- Benjamin F. Forbes, 20, James Watson, 15, Dean Gay, 6, Patton Mc- Mullen, 1 ; Constable-Abraham Van Doren, 15, Joseph Read, 3, John W. Gillett, I. Yellow River: Justice-Daniel G. Beck, 9; Constable- James Jones, 8, Jud Barker, 2. Boardman : Justice-Elisha Boardman, 10, Horace D. Bronson, 10, John Downie, I, Peter Wittlewattle, 1; Constable-Elias Meisner, 9, Charles Sawyer, 8. Wanzer: Justice- P. P. Olmstead, 25, A. E. Wanzer, 14, William Pigeon, 13, David Olmstead, 12; Constable-Graham Thorne, 28, Richard Jones, 27, A. E. Wanzer, I, J. B. Briggs, I, J. Blazedell, I. Millville : Justice-Jesse Briggs, 25, D. D. Walker, 7; Constable-Nathan Springer, 27, John Gardener, 22.
At a meeting of the board in October, 1842, the salary of James Crawford, district attorney, was fixed at $100 per year, and a new election precinct was created to include the county of Fayette and so much of Clayton county lying within the lines 10 miles distance and running parallel with the boundaries of Fayette. Elections were to be held at the house of F. Wilcock. In 1843, Eliphalet Price seems to have had the board all to himself. He met and adjourned on six different days, in January and February, before another member of the board met with him and business could be transacted. A financial statement of the county was made February 14, 1843. The expen- ditures from August 25, 1842, were $1,605.24, prior indebtedness $959.15, revenue $1,927.69, indebtedness $625.28.
Founding of Jacksonville-1843-It was in 1843 that the county seat prepared for the first of its many moves. The territorial legis- lature appointed a committee to locate the county seat of Clayton county. The first mention of this on the county records is as follows: "Ordered that the clerk be instructed to notify William Jones of Jack- son county and Hardin Newlin of Dubuque county, that David More- land, one of the commissioners appointed by the legislature met at Prairie la Porte, the first Monday of April, to relocate the county seat of said county and adjourned until the fourth Monday of the present month (April) at Prairie la Porte."
On May 22, the commissioners reported to the board as follows: "Gentlemen: According to an act of the legislature assembly of the
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territory of Iowa, passed February 15, A. D. 1843, to relocate the county seat of Clayton county : We, David Moreland, of Delaware county, and Hardin Newlin of Dubuque county, met at the town of Prairie la Porte, in said county, on the first day of May, inst., and after being duly sworn, proceeded to examine the situation of said county and the local advantages of different sites. We have selected and located the seat of justice of Clayton county, territory of Iowa, on the north 80 acres of the S. E. 1/4 Sec. 18 Town. 93 N., range 3 W. The name of the seat of justice of Clayton county, located as above, shall be Jacksonville."
This record is followed by an indenture by which James Watson donated the land chosen, to the county on condition that the proceeds of the sales of said land be used for public buildings and for no other purpose. Subscriptions for the new court house are entered as fol- lows: James Watson, 80 acres of land ; John W. Gillett, $50, in work ; Angus P. McDonnell, $15, in work; Richard Only, $50, in hauling ; Timothy Killam, $10, in hauling and work; George A. Whitman, $50, in work or money. The territorial commissioners were allowed $75 for their services and James Watson was allowed $3 for driving stakes in the town of Jacksonville. A general election was ordered to be held at Jacksonville the first Monday in October, 1843, and Charles E. Ben- sell, Asa Griswold and J. Watson were the first election officers. Luther Patch, John Downie and Ambrose Kennedy were instructed to appraise the town lots of Jacksonville.
The first meeting of the board at the new county seat was on October 2, 1843, and, at that time, it was ordered that it be publicly advertised that the next term of the district court would be held at Jacksonville. The new board which met in October, 1843, consisted of James King, A. S. Cooley and E. M. Barber.
Probate Court-During these years the probate court had com- menced to transact business. Although the country was young, death was not unknown and estates though small had to be dealt with. Richard Pearson was the probate judge, from 1838 to 1842, when he was succeeded by Eliphalet Price. The first estate administered was that of Betsy Campbell and the first record was dated October 26, 1840. The next estate was that of Thomas Whishart and the third that of William D. Grant, one of the first county commissioners. Elisha Boardman was administrator of this estate which seems to have been considerable for those days and out of which grew extended litiga- tion. The estate of Henry Holtzbecker, who was killed, was one of the first administered by Eliphalet Price. One of the acts of Richard Pearson was the appointment of David Lowry as guardian of a half-breed Winnebago girl. In November, 1841, Anson Woodsell gave bond as the first public administrator.
To give an idea of values in 1840 some of the items of the Thomas Whishart estate are given. Claim situated on Turkey river and the appurtenances thereon erected and known as Walker's claim, valued at $30. Movables in said house, $7 ; axe, 75c ; 2 oxen, $40; 125 bushel potatoes, in the ground, $12.50; plow, $8; corn hoe, 50c; four hogs, $18. The inventory of the estate of William G. Stearns made in 1843 is also of interest as showing values. Among the items are the
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following: One horse, $50; rifle gun and rigging, $7; pair of boots, $2.50; ax, $1; string of bells, $2.25; buffalo skin, $3; buck skin, 50c mineral tools, $7.35; one canoe, $2; one ferry boat, $8. From the invoices of these, and other estates, it is noticeable that all tools and metal objects were of high value, whereas wood products and agricul- tural products were cheap. This is found particularly in the estate of Herman Graybill, the pioneer of Prairie la Porte, who died January 4, 1843
District Court-The district court also, under Judge Wilson, showed increased activity. There were numerous cases against different individuals for illegal sales of liquor to the Indians. It seems that the settlers had considerable sympathy with the violators of this law as convictions were difficult and the usual verdict of the jury was "not guilty." The McGregor's were among those most frequently in court and the first entry in the celebrated case involving the ownership of the Giard grant was made in June, 1842, this being an appeal in the case of Thomas P. Burnett and Alexander McGregor vs. Benjamin Blazedell. The first record of the naturalization of a citizen was that of John Downie, granted in June, 1842, and the second of William Grant. Christian Wise and Patrick Uriell were naturalized at the same term of court. John Ryan, George Humphrey and Jacob F. Rib- man were among those naturalized at this time and Daniel Weller, a native of Germany, Fox, a native of "Upper Canada," and Angus P. McDonnell, a native of "Lower Canada," were among the first to declare their intention of becoming citizens. In January, 1843, Judge Wilson issued a writ of habeas corpus to Captain Summers, com- mandant of the garrison at Fort Atkinson, for three men wanted by the court. There must have been considerable excitement in the county when a number of the county officials were indicted, in 1844, for gaming and fined $20 each. James Pappin and Michael Uriell were naturalized in October, 1844. The proceedings of the board and of the court are practically all the written history of this period and it is true that they but form a skeleton of history. The records of the com- missioners are filled largely with the different acts connected with the laying out of roads. Many mistakes were made and there were the usual petitions for alterations, based largely on personal interests, and every step was attended by considerable overhead expense, but, in the main, the commissioners did well and many of the roads established in the 40s are the ones used today. The commissioners paid considerable attention to the upbuilding of the new county seat at Jacksonville. In June, 1843, Eliphalet Price is paid for his services in laying out the town of Jacksonville, and, in October, John Downie appraised the lots of the new town. In January, 1844, the board fixed grocery licenses at $25 per annum, bar license connected with a tavern for $25, and it was ordered that no license be issued for the sale of liquors within five miles of the Winnebago lands. In February, 1843, the indebtedness of the county was $1,040.99. At this time the board re- served lots at Jacksonville for county purposes and two lots were donated to John Banfill. On February 15 a special meeting was held to receive the public buildings from James King, contractor, and he was given credit for $675 and his bond released.
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Early Election Precincts-There were six election precincts out- lined in 1844, and they were known as Millville, Jacksonville, Bloody Run, Yellow River, Boardman, and Wayman precincts. In 1845, the Bemis precinct was created, including Lodomillo and the west half of Elk township and in 1846 the precinct of Guttenberg was designated, with elections to be held at the home of Christian Wise.
A public sale of lots at Jacksonville was held on the 17th of April, 1844, and among the purchasers were Gerrard Forbes, of Grant county, Wisconsin, one lot for $21.75 ; Dan B. Barber, Anson Rudesell, Daniel D. Walker, Charles Sawyer, Levi Dobson, Thomas Graybill, Frederick Hertrich, Charles Glidden and James M. Thompson. The purchase money was charged to James King and at the same time a lot was donated to Charles Guy, providing he would erect and operate a black- smith shop for the term of one year. In August, a lot was set apart for cemetery purposes. In October, a lot was deeded to Calvin Jackson and one to Reuben Noble and the sum of $18 for these was charged to the account of John Banfill, with whom the board had contracted for lathing and plastering the court house.
In October, 1844, is the first record of a quarrying permit, which was given to Abraham VanDoren, he to pay three cents per perch for the rock. By June 1845 the indebtedness of the county was $1,060.661/2.
BEGINNINGS OF GUTTENBERG
It was shortly prior to 1845, that the Western Settlement Society of Cincinnati, a society which was formed for the purpose of aiding German immigrants who were leaving that country on account of the troublous times, bought land north and south of Prairie la Porte, which had been pre-empted by the county in 1839. The first party of these German settlers arrived at the new colony March 8, 1845, and consisted of Charles Nieman, Henry Telzemeyer, B. H. Overbeck, Charles Trepahne and John Ehrhardt together with their families. Prairie la Porte had been deserted as the county seat and there remain there only the old county buildings and the old Graybill tavern. It was prior to the coming of these German pioneers that the county con- tracted with Christian Miller, as agent for the Settlement Society, to sell the Prairie la Porte tract for the sum of $2,000. This contract was later carried out.
In April, 1845, we find reflection of the political strife which was stirring the nation, for at that time the board ordered that the names of three streets in Jacksonville called Jefferson, Madison, and Jackson streets be changed to Watson, Rutland and Niagara. Among the orders of this year is one appointing John W. Gillett as assessor to fill vacancy ; one granting a liquor license to Benjamin F. Forbes at Jacksonville ; and one, that Daniel Walker still retain the office of treas- urer until the next general election. A lot in Jacksonville was donated to John Tully to maintain a blacksmith shop. At this time a contract was entered into for the building of a "gaol" and the following bids were received : Alfred Kiney, $557; Benjamin F. Forbes, $385. Abraham Van Doran, $500; David Clark, $248. The contract was awarded to
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Clark and he was to receive half of his pay in town lots and the balance from the sale of town lots.
The County Jail-The specifications for the jail were as follows: On the 5th day of November, 1845, the county commissioners resolved upon the erection of a "public goal," according to the following speci- fications: "It shall be built of hewed square oak timber, laid close together ; the walls are to be one foot thick and twelve feet high; the room fourteen feet square in the clear on the foundation, and nine feet in the clear between the floors. Floors to be laid with oak timber one inch thick, and the upper floor to have a trap door, three feet long and two feet wide; the inside walls of the lower room are to be planked with two-inch oak planks on the sides and the bottom floor the same way. These planks are to be filled with nails not more than one inch and a half apart ; to the side next to the wall, then spiked fast to the wall with four-inch spikes, the spikes not more than fourteen inches apart ; the bottom floor to be finished in the same way. There are to be two grates fourteen inches square to be put in the walls of the room as high as the upper floor will admit, to be made of one-inch bar iron, the frame of the grate to be made of heavy flat bar iron; there is to be left on the frame of the grate, a zell, or tenant, of three inches above and below to sink it in the timber, and then to be well spiked on to the wall. The upper floor is to be laid with one-inch plank ; the trapdoor is to be made of double two-inch oak plank doubled and riveted together with twenty-four rivets, fastened to the floor by long, strong staple hinges, a bolt three-fourths of an inch thick to run through the floor riveted to the hinge, the hinge to extend across the door, then to fasten by two staples and two substantial locks, the keys to fit their own locks only. The house is to be sided up or inclosed with good oak or basswood siding. It shall be shingled with good oak or pine of fourteen inch shingles, not laid more than four and a half inches to the weather. The gable ends and roof are to be close sheeted before siding or shingling. There is to be a good strong flight of stairs to be built on the outside at one end, leading to the door of the gable end, running by the side with railing and a platform to be left at the top of the stairs, three feet square. The above building is to be well underpinned with a stone wall, at least one foot thick ; the corner or end of each round of timber is to be pinned with one-and-a-half-inch pins, and the plates are to be pinned in four places in each log." David Clark was later given the contract to fence the court yard with a fence to be made of oak boards, one inch thick, the fence to be five feet high with six boards and a cap. By January, 1846, the county debt had grown to $2,269.691/2. Among the curious documents are found two orders to the sheriff to notify individuals to leave the county.
At Garnavillo-1846-On April 15, 1846, the following entry is found in the county records: "Whereas, by an act passed and ap- proved January 13, 1846, by the council and house of representatives of the legislative assembly of the territory of Iowa authorizing and impowering the county commissioners of Clayton county to change the name of Jacksonville, the county seat of said county, by majority of said board and that the name when so changed, shall be and remain the name of said town. It is therefore ordered by said board, unan-
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imously, that the name of said town of Jacksonville shall be changed to Garnavillo, and hereafter all transactions of business with the board shall be dated at Garnavillo as the present county seat of Clayton county." In August, 1846, Daniel D. Walker was elected treasurer and his bond was approved. In September Joseph B. Quigley and John Downier qualified as county commissioners, A. S. Cooley being the other member of the board. H. T. Lander was given a lot in Garnavillo for services as auctioneer in "crying off" lots at the auction in 1843; and a second sale of lots was ordered.
Hartge Murder-In the same month, October, 1846, is found the first mention of Reuben Noble as prosecuting attorney. This was in connection with the trial of George Humphreys and an Indian named Konago for the murder of Louis Hartge. The history of 1882 gives the following account of the crime: "Early in the spring of 1846, a squad of Indians came to the vicinity of Elkport, and there camped. Among the number was George Humphreys and Konago, the latter an untutored son of the forest, the former being possessed of a good education received in a college at Alton, Ill., from which institution he had graduated. The wild and free life of the Indian had too many charms for Humphrey, and as soon as he graduated from college he returned to his tribe and the life of his youth. Like all other Indians, this squad of Winnebagoes was fond of "firewater," and, on camping, they immediately went in search of the same. George Humphrey and Konago called at the house of Lewis Hartge, and made demand for liquor, which was refused. A quarrel then ensued, and in the fracas Konago was shoved out of the door, when he immediately raised his rifle, and although Humphrey attempted to stop him, he shot Lewis Hartge and instantly killed him. Humphrey and Konago were instantly arrested, and indictment found against them at the May, 1846, term of court. The case was called and a change of venue was asked and granted to the Dubuque court. The trial subsequently took place at Dubuque, the Indians being prosecuted by Stephen Hemstead and Reuben Noble, and defended by Samuel Murdock and Platt Smith. George Humphrey was acquitted, and Konago convicted. An appeal was taken to the supreme court, and pending the appeal Konago broke jail and escaped. He was never afterwards heard from."
In 1843, certain Indians, among whom was Wau Kon, were in- dicted for murder and brought to the county seat for trial. On account of the alleged sentiment against them in this vicinity their attorney, James Grant, obtained a change of venue to Dubuque county. In 1847 the commissioners allowed bills to the following for "guarding Indians in 1843:" John W. Gillett, $10.75; Williard Knight, $10; Charles Ben- sell, $10; James Stevens, $10; Eli Carlin, $10; William Oliver, $6; L. V. Harris, $4; Thomas Graybill, $16.50; Ambrose Kennedy, $33.30. James King was also allowed $65.50 for "conveying Indians from Fort Atkinson to Prairie la Porte and back to the fort, and also conveying said Indians from Fort Atkinson to Dubuque."
In January, 1847, by means of the sale of real estate, the county indebtedness had been reduced to $757.501/4. At the April session, 1847, Clayton county went "dry," and the following order is made by the board: "Whereas by an act of the legislature of the state of
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Iowa, approved February 16, 1847, requiring the qualified electors in each county in this state at the township election to be held on the first Monday, the fifth day of April, A. D. 1847, to decide by vote whether the county commissioners shall grant licenses for retailing intoxicating liquors in their respective counties or not ; and, whereas, by the returns of Clayton county from said election, being this day opened by the board of county commissioners as required by law, and the votes being duly canvassed, that the number of votes for and against license as follows, to wit: For granting license, 81 ; against granting license, 207; leaving a majority for no license, 126 votes. Therefore, it is ordered by said board that the clerk is hereby instructed not to issue permits or licenses for retailing intoxicating liquors in said county from the date hereof."
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