USA > Iowa > Davis County > History of Davis County, Iowa, containing a history of the county, its cities, towns, etc. > Part 43
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393
HISTORY OF DAVIS COUNTY.
Black Hawk gave him his sword, and was buried on the farm where Mr. Jordan now resides. Mr. Jordan located on this farm in 1836, and has lived there ever since. He here raised the first blue grass ever grown in the State. Mr. Jordan was married in 1838, to Frances Williams, at Colum- bia, Boone county, Missouri. She is a lady of more than ordinary intelli- gence. They were blessed with three children; Henry C., Victor P., de- ceased, and Sarah Hinkle. Mr. Jordan owns 1,500 acres of splendid land, after giving his children 800 acres. IIe has a fine residence and is very comfortably situated. He is an Odd Fellow. His father was a near neigh- bor of Henry Clay in Kentucky. Ilis son Henry C., was one of the first white children born in this county; that event occurring in the fall of 1840. Mr. Jordan came into this State, as early as 1822, and elerked six months with an Indian trader, then went into business for himself. He was a per- sonal friend of Black Hawk, and they built houses and lived near each other for many years, before his death.
THE HAIRY NATION.
May 13, 1854, the first newspaper ever published in Davis county, was issued, and the first number contained the following artiele on the Ilairy Nation :
While on our way to this flourishing portion of Iowa, we frequently heard persons speak of the Ilairy Nation; and being of an inquisitive disposition, we soon became anxious to know something about the location and peculiarities of the tribe of natives, (as we supposed they were) who were known by this cognomen; and npon inquiry of some of the oldest citi- zens were given the following history. In the early days of the Territory of Iowa a hardy race of pioneers, most of whom had fought in the Black Hawk war, settled in the extreme south portion of the territory and immediately on the northern line of the State of Missouri, so near indeed upon the line that the State of Missouri claimed them as citizens. There had been two lines run, one about ten miles north of the other. Missouri had such a title to the strip of ten miles lying between these two lines, as gave some appearance of equal right to her claim; and Iowa, with an appearance of equal right, also claimed these same settlers and the strip of land on which they resided. For a number of years these conflicting claims caused but little, if any, difficulty between the two claimants. As for the settlers, they claimed nothing but the freedom for which they had emigrated to the western frontier, to-wit: Freedom from the restraints imposed by the morality, the religion, the industrious habits, and the taxing proelivities of the old States. In addition to this freedom, they enjoyed the unsolicited and unexpected privilege of exereising the right of suffrage in both the State of Missouri and the Territory of Iowa. For it was a usual oceur- ranee to see the acknowledged and authorized officers of the two governments at the same house and same time on this disputed territory, open polls for the election of officers for the State of Missouri and the Territory of Iowa. Ballots and whiskey were abundantly supplied, and the Hairy Nation (by which we mean the aforesaid settles) were solicited to exercise their undoubted and undisputed right of sovereignty in both the State and Territorial govern- ments. This nation of course could not and would not object to it, as they were in duty
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HISTORY OF DAVIS COUNTY.
bomid to seeure the establishment of good governments tosupercede that of the savage tribes they had just conquered.
Thus things went on swimmingly, until in the course of buman events the tax gatherers came around. Then was presented a state of things never anticipated by the Nation, as un- expected and unsolicited as the extent of their right of suffrage, and infinitely more objee- tionable. A prompt and energetie refusal came then from the conquerors of Black Hawk and the Prophet, and in this refusal the Nation was supported by a powererful State and a young and ambitious Territory-each of which protested against the extortionate exactions of the tax-gatherers of the other. The consequence of these conflicting claims, these refusals and protests was, that the Nation paid no taxes to anybody. But affairs could not long remain in such condition, and after a few years, civil officers, acting by authority of the two elaiming governments, undertook to exercise authority over the Nation. Some of these officers were arrested and imprisoned by the opposite contending governments. Now, Greek had met Greek, and then came the tug of war. The Governor of Missouri called out the militia of his State, and Gov. Lucas, of lowa, who had had some experience in this kind of warfare in Ohio, against the " Wolvereens," soon paraded the Hawk-eyes in battle array, and marched them to the scene of hostilities. It is not related whether these two hostile armies ever came in actual sight of each other. Certain it is that before they came to blows, a parley took place between the contending governments, which resulted in their submitting their respective claims to the disputed territory and to the Hairy Nation in particular to the Supreme Court of the United States, for a final and conclusive decision. After this the two armies were disbanded, without any great battle fought or splendid victories won. A few years after this the Supreme Court decided in favor of lowa; and the disputed territory soon became thiekly settled by industrious and thriving citizens, in place of the Hairy Nation, who grad- ually left for regions where there is more freedom and less labor, more whiskey and less tax- paying than the State of lowa was about to impose upon them. How these settlers obtained the name of the Hairy Nation, we could not ascertain, but conjecture that their naturally careless and easy habits led them to indulge their beards to the greatest length, until their appearance ( previous to the universal fashion of wearing beard long), suggested the name.
John Lucas was the first merchant in the county, so I have been informed. He purchased the claim of John Bonebrake, about a half-mile north of Bloomfield, and opened a stock of goods in his little log cabin, the princi- pal part of which he had brought with him from Fountain county, Indiana. In this cabin, with his family, seven in number, he sold his goods, wares, merchandise and " moisture " for several months. He afterwards moved into town and built a small frame house on the west side of the square; and still later a brick store house, which stood as one of the prominent land marks to remind us of " Uncle Johnny " and his eccentricities until the year 1875, when it gave place to the magnificent bank block that beautifies and adorns what has been known for many years as the old Lucas corner.
The first death among the white frontiersmen in this county, is a question upon which tradition gives many different answers, none of which are snfli- ciently supported by evidence to warrant an assertion. It was probably some poor adventurer, who died with his boots on, and passed to the other
395
HISTORY OF DAVIS COUNTY.
world with no funeral eulogy or solemn requiem, leaving no record, no head-stone, no tradition to tell his name.
The almost insuperable obstacles which the pioneers had to overcome, and which were looked upon by them as a matter of course, would appall the people of the present day; such examples as going to Keokuk and Alexan- dria for provisions, and to Keosanqua to mill. For a more particular his- tory of these early pioneers, see the township history and biographical sketchies.
FIRST UNITED STATES LAND ENTRIES.
The primary object of pioneers who determine to encounter the hard- ships and privations of frontier life, is a home-a piece of God's earth which they can call their own. Hence, among the first things they do, is to locate a "claim," where the land is not yet in market, and await the time it can be formally purchased from the general government; which is done by ap- plying at the office of the United States land district in which such claim, or preemption, may lie, where the government price of $1.25 per acre is paid, and a certificate of purchase is issued to the purchaser-unless such certificate should be issued upon the presentation of a military land warrant, in lieu of money. At any time after such entry, upon the presentation of such certificate to the register of such land office, the holder, or his assignee, will be entitled to a patent-which is the same as a deed -- from the Presi- dent of the United States. This is termed the original purchase, beyond which no one need go to ascertain the validity of the tittle to his land in af- ter years.
However, the laws of the United States, do not recognize any superior right in those who made " claims " to any of the public domain prior to its being surveyed, and in a public manner proclaimed for sale. The " claim rights," or laws, as they are sometimes called, originated with the pioneer settlers, as belonging to that class of natural rights which were unrecog- nized by the laws of the general government, and which were enforced through "pioneer club" organizations, as against all speenlative or other intruders. These were the "preemption laws " of the United States, under which settlers acquired the exclusive right to purchase their claims over all others, after such public lands had been offered for sale at public auction, and were not sold for want of bidders, or otherwise. These occupants of " claims" who had settled and made improvements on them in good faith acquired the right, over all others, to enter such land at $1.25 per acre. Thus, in the pioneer days of Davis county, her settlers who came prior to
396
HISTORY OF DAVIS COUNTY.
March 1, 1844, the date of the organization of the county, made their " claims " to such tracts of the public land as snited them for their future homes, and maintained them through the force of custom as interpreted by the " claim laws " of the settler's clubs. Except a narrow strip some two miles wide along the present east line of the county, which belonged to the " Black Hawk Purchase " of 1832, the United States acquired the Indian title of the territory covered by Davis county, and westward to the Missouri River, by treaty with the Sac and Fox Indians, made October 11, 1842, and ratified by the United States Senate March 23, 1843. By the terms of this treaty the Indians retained possession of all the territory thus ceded, until May 1, 1843, and the occupancy of that portion lying west of a north and south line running through the central part of Marion county, striking Red Rock on the Des Moines River, until October 11, 1845. The government survey of the public lands in Davis county was completed about the time of its organization in March, 1844, and the following autumn they were placed in market.
To protect the pioneers in their " claims," club organizations were per- fected in every settlement, each of which made their own laws for the mu- tual protection of each other in securing the purchase of their claims when the public sales should occur. The way, and the law under which this was , done will be more elucidated in the chapter entitled "The Pioneers; Their Settlements and Careers," further on. The United States land office was established at Fairfield about 1843, which included Davis county in its dis- trict. The following list includes the first entries made in this county, as shown by the record certified to the recorder of the county by James Thomp- son, register of the United States land office at Fairfield. Iowa, March 10, 1856:
Rozin Jordan, October 1, 1844 -- lots 3 and 4, and ne qr of se qr, section 2, township 70, range 12 west, 95.81 acres.
Jefferson Jordan, February 22, 1845 -- e hf of nw qr, and e hf of sw qr' section 4, township 70, range 12, 145.10 acres.
Henry W. Powell, March 29, 1845 -- e hf nw qr, section 5, township 70, range 12, 64.54 acres,
Samuel Mize, January 21, 1845-nw qr, section 14, township 19, range 13, 160 acres.
William Miller, June 23, 1846 -- n fr hf nw qr, section 1, township 70, range 13, 52.23 acres,
Edward Miller, June 23, 1846 --- c hf of se qr, section 2, township 70, range 13, 80 acres.
397
HISTORY OF DAVIS COUNTY.
Lafayette Bare, July 20, 1846 -- sw qr se qr, section 8, township 70, range 14, 40 acres.
David Baer, August 6, 1846 -- s hf sw qr, section 8, township 70, range 14, 80 aeres.
Andrew Elswiek, June 27, 1846-e hf ne qr, section 32, township 70, range 14, 80 aeres.
Jacob Zigler, November 5, 1846-e hf ne qr and sw qr ne qr, seetion 12, township 70, range 15, 120 acres.
Samuel Robb, July 20, 1846 -- se qr sw qr, section 17, township 70, range 15, 40 acres.
Samuel T. Adams, July 20, 1846-nw qr sw qr, section 27, township 70, range 15, 40 acres.
William MeCormiek, May 26, 1846-e hf sw qr, seetion 1, township 69, range 12, 80 aeres.
John Wilkinson, May 26, 1846-ne qr, seetion 9, township 69, range 12, 160 aeres.
Fleming Mize, May 26, 1846-se qr, section 27, township 69, range 12, 160 aeres.
Gabriel S. Loekman, July 20, 1846- se qr ne qr, seetion 7, township 69, range 13, 40 acres.
Leroy C. Evans, June 22, 1846 -- e hf ne qr and e hf se qr, seetion 30, township 69, range 13, 160 aeres.
George W. Lester, June 26, 1846-se qr, seetion 11, township 69, range 14, 160 acres.
John G. Wood, November 6, 1847-n hf ne qr, seetion 6, township 69, range 14, 84.17 aeres.
John A. Drake, November 3, 1847-s hf sw qr, section 4, township 69, range 14, 80 acres.
Charles M. Jennings, September 18, 1848-se qr, seetion 1, township 69, range 15, 160 aeres.
John Hockersmith, Angust 10, 1848-ne qr, section 14, township 69, range 15, 160 acres.
Lewis Rominger, July 2, 1846-e hf ne qr, section 25, township 69, range 15, 80 aeres.
William D. Smith, December 4, 1844-ne qr, seetion 4, township 68, range 12, 171.45 acres.
Stephen L. Sanders, June 6, 1846-w hf nw qr, section 6, township 68, range 12, 115.38 acres.
John Brown, August 28, 1848-sw qr, seetion 10, township 68, range 12, 160 acres.
398
IIISTORY OF DAVIS COUNTY.
Madison Jackson Maskal, June 22, 1846-w hf ne qr, section 1, township 68, range 13, 82.52 acres.
Ephraim Yonng, July 20, 1846-ne nw, section 1, township 68, range 13, 42.32 acres.
David R. Wayland, July 3, 1848-ne qr and ne or, nw qr and w hf, nw qr and se qr nw qr and ne qr sw qr, section 1, township 68, range 14, 161.4 acres.
Jesse Evans, July 20, 1846-nw qr se qr, section 9, township 69, range 14, 40 acres.
Jesse Paterson, October 27, 1846-se ne, section 14, township 68, range 14, 40 acres.
Greennp Hopkins, September 8, 1848 -- ne qr, section 36, township 68, range 15, 160 acres.
Lewis B. Wayland, June 26, 1847 -- e hf sw qr, section 7, township 67, range 12, 80 acres.
Joseph Beauchamp, July 5, 1847 -- w hf se qr and sw ne, section 1, town- ship 67, range 13, 120 acres.
George Abernethy, June 29, 1849 -- e hf nw qr, section 3, township 67, range 13, 80 acres.
Samuel W. McAtee, September 5, 1848-se sw, section 7, township 67, range 13, 40 acres.
Jubel Dabney, July 20, 1846 -- se ne, section 2, township 67, range 14, 40 acres.
Joel Fenton, June 26, 1846 -- w hf ne qr, section 5, township 67, range 14, 80 acres.
George and David Howell, June 26, 1846 -- ne qr, section 17, township 67, 14, 160 acres.
Benjamin Blubongh, December 28, 1846 -- sw sw, section 4, township 67, range 15, e hf ne qr, and e hf se qr, section 5, township 67, range 15, nw nw section 9, township 67, range 15, 240 acres.
Burgoyne Barnett, March 22, 1849-ne qr, section 10, township 67, range 15, 160 acres.
Isaac Baker, December 10, 1849-s hf nw qr, and n hf sw qr, section 12, township 67, range 15, 160 acres.
There were 14,162.19 acres of the public land in Davis connty, certified to the State of Iowa by the general government, for the improvement of the Des Moines River, as certified to by Thomas Seely, register United States land office at Fairfield, April 2, 1866. There were also 1,520 acres of pnb- lic land in this county, of the grant to the Burlington & Missouri River Railroad Company, as certified of record by Thomas Seely, register United States land office at Fairfield, April 2, 1866.
399
HISTORY OF DAVIS COUNTY.
COUNTY ORGANIZATION.
Since the existence of nations, the territory comprising them has been sub-divided into subortinate civic organizations. First, the State or prov- ince; next, the county, shire, parish or district; and finally, the township. In England the realm is divided into shires, the same as counties in this country. Under the present land system of that country, however, town- ship organizations would be insignificant, as one of the size of a congres- sional township in Iowa, would not often contain more than the estate of a single landed proprietor. In the colonial days of this country the English system was initiated in some of the colonies, notably in Virginia. Mr. E. M. Haines, in his work on " Township Organizations," of Illinois, also gives. some account of the organization of the county system in this country. He says :
It originated with Virginia, whose early settlers soon became large landed proprietors, aristocratie in feeling, living apart in almost baronial magnificence on their own estates and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area.
The county organization, where a few influential men managed the whole business of the community, retaining their places almost at their pleasure, seareely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direet, was moreover consonant with their recollections or traditions of the judicial and social dignities of the landed aristocraey of England, in descent from whom the Virginia gentlemen felt so much pride. In 1734 eight connties were organized in Virginia, and the system ex- tending throughout the State, spread into all the southern states, and some of the northern states; unless we except the nearly similar division into 'districts ' in South Carolina, and that into ' parishes " in Louisiana, from the French laws.
Illinois, which with its vast additional territory, became a connty of Virginia, on its con- quest by Gen. George Rogers Clark, retained the county organization, which was formally extended over the State by the constitution of 1818, and continued in exclusive use until the constitution of 1848. Under this system, as in other states adopting it, most local business was transacted by those commissioners in each county, who constituted a county court, with quarterly sessions.
This system of county organizations has been continued and improved in the various American States, and is, to-day. more perfect in its workings than it was in colonial days. Its affairs are brought down closer to the masses of the people, and the system is more in keeping with our form of self-government. Its landed interests are not in the hands of a few aristo- cratie proprietors, by whom the county affairs are managed, but the soil is generally owned by the tiller, and divided among the people in moderate quantities, according to their pecuniary circumstances and disposition for
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HISTORY OF DAVIS COUNTY.
this branch of industry, who with every other male citizen has a voice in the general management of their county affairs.
Davis county had the honor of being organzed by a special act of the Ter- ritorial Legislature, as follows:
AN ACT to organize the county of Davis, and to provide for the location of the seat of jus- tice thereof.
SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the county of Davis be and the same is hereby organized, from and after the first day of March, 1844; and the inhabitants of said county shall be entitled to all the rights and privileges to which, by law, the inhabitants of other organized counties of this Territory are entitled to, and that the said county shall constitute a part of the first judicial district of this Territory.
SEC. 2. That the clerk of the District Court of said county, shall, and in case there should be no such clerk appointed and qualified, or for any cause said office should become vacant, on or before the tenth day of March, 1844, then it shall be the duty of the clerk of the board of commissioners of Van Buren county, to proceed to establish, temporarily, six election precincts in said county, for the purpose of holding the first election in said county as hereinafter provided; and also give notice for the holding such election on the first Monday of April, 1844, by posting up, or causing to be posted up, three written or printed notices of said election in each of the election precincts so established, at least ten days previous to holding said election; also to appoint three judges of said election for each precinct in said county, and issne cirtificates to said judges of their appointment.
SEC. 3. It shall be legal for the inhabitants of said county, at such special election, to elect the following officers, who shall hold their offices until the next general election there- after, to-wit: Three county commissioners, one judge of probate, one county treasurer, one clerk of the board of county commissioners, one county recorder, one county surveyor, one county assessor, one sheriff, one coroner; one seater of weights and measures; also, for each election precinct, two justices of the peace, and two constables, which officers, when so elected, will enter into the same bonds and be qualified in the same manner as is now required by law. That the returns of said election shall be made to the person ordering the same, within ten days after holding such election, in the same manner as is now provided for by law, and at the expiration of said time, or sooner, if the returns from all the precincts are received, he shall call'to his assistance two justices of the peace from either of the counties of Davis or Van Buren, and proceed to canvass the votes given at said election, and grant certificates of election to the persons entitled thereto.
SEC. 4. Said election sball in all cases not provided for by this act be conducted accord- ing to the laws of this Territory regulating general elections.
SEC. 5. That the officer ordering said election sball return all the books and papers which may come into his possession by virtue of this act, to the clerk of the board of commis- sioners of said county of Davis, as soon as practicable after such clerk shall have been elected and qualified.
SEC. 6. That the clerk of the District Court for said county of Davis may be appointed and qualified at any time after the passage of this act, but shall not enter upon the discharge of his duties prior to the first day of March, 1844.
SEC. 7. That' all actions at law or equity in the District Court, for the county of Var Buren, commenced prior to the first day of March, 1844, where the parties, or either of them. reside in the county of Davis, shall be prosecuted to final judgement, order or decree, in said court as fully and effectually as if that act had not been passed.
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HISTORY OF DAVIS COUNTY.
SEc. 8. That the county assessor elected under the provisions of this act, for the county of Davis, shall assess said county in the same manner and be under the same obligations and liabilities, as is now or may hereafter be provided by law, in relation to township assessors.
SEC. 9. That Charles H. Price, of Van Buren county, Thomas Wright, of Henry county, and John Brown, of Lee county, be and they are hereby appointed commissioners to locate and establish the seat of justice of said county of Davis. Said commissioners, or any two of them, shall meet at the house of Noble C. Barron, in said county of Davis, on the first Mon- day of April, 1844, or on such other day during the said month of April as they or a majority of them may agree, and proceed to locate and establish the seat of justice of said county, as near the geographical center of said county as said commissioners may deem proper, paying due regard to the present as well as future population of said county; and as soon as they have come to a determination, the same shall be committed to writing, signed by the said commissioners or a majority of them, and filed in the office of the elerk of the board of com- missioners of said county of Davis, who shall record the same and forever keep it on file in his office; and the place so selected shall be the seat of justice of Davis county.
SEC. 10. Said commissioners shall, previous to entering upon their duties as aforesaid, take and subscribe before some magistrate or other person antborized to administer oaths, . the following oath or affirmation to-wit: We do solemnly swear (or affirm) that we have no personal interest, directly or indirectly, in the tocation of the seat of justice of the county of Davis, and that we will faithfully and impartially tocate the same according to the best inter- ests of said county, taking into consideration the future as well as the present population of said county; and the person so administering such oath shall certify and file the same in the office of the clerk of the board of county commissioners of said county of Davis, whose duty it shall be to record and keep the same on file in his office.
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