USA > Iowa > Fremont County > History of Fremont County, Iowa : containing a history of the county, its cities, towns, etc., a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistic, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Fremont County, constitution of the state of Iowa, reminiscences, miscellaneous matters, etc > Part 51
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"Conflicts between the warrants and the road grants assumed different phases, according to the diverse facts under which they sprung up.
"The letter in question is generally designed to cover all and not par- ticular cases, and was intended to lay down rules of adjustment that would meet each class of cases therein specified. The first class and the rule applying thereto is this: that when the lands are claimed under both grants, and the title under the railroad grant had vested after the passage of the confirmatory act, March 3, 1857, are evidenced by a definite loca- tion of the line of road, then the title should be completed under the swamp act.
"The second class is, when claim is made under both grants and the title under the railway grant vested, as aforesaid, before the passage of
443
HISTORY OF FREMONT COUNTY.
act March 3, 1857. The rule prescribed in this phase of the conflict looked to an investigation into the character of the swamp relections, and the commissioner was directed to examine these selections in the light of the field-notes of the surveyor and the papers on file and of record, and, if the claim under the older grant was satisfactorily established, to affirm the title under the same, otherwise to certify the title under the junior grant.
"We need not notice the other cases of conflict mentioned in this letter. They refer to selections of swamp land made subsequent to the act of March 3, 1857, and would have no particular pertinency to the cases be- fore us.
"Now, the mistake which we think the commissioner made, was in ap- plying the rule of adjustment laid down for settling conflicts in the second class, to those of the first class, within which the evidence shows these cases fall; and it may not be out of place to suggest that, inasmuch as the act of rejection mentioned was not only without authority, but really at variance with the instructions of the secretary of the interior, the same should be treated as a void act.
" But afterward he certified these rejected swamp lands to the defend- ant; and it is said his act in this respect was approved by Secretary Smith. This is true; yet both the certification and approval contained this qualification: that they did so subject to the conditions of the grant, and any valid interfering rights which might exist. This reserva- tion would seem to imply hesitation and doubt of the propriety of the act; whilst rights injuriously affected thereby might be in some way redressed.
" Nevertheless, it is now claimed that this act of certification being polit- ical and executive in its character, and the formal disposition of the soil, concludes all judicial inquiry into any antecedent right or claim which may be set up to the same.
" That the power to make all needful rules and regulations for the dis- position of the public lands, under the constitution belongs to congress, is no longer an open question in this country; when, within these rules and not interfering with previously acquired substantial rights, the govern- ment officers do dispose of the public domain, the title will not be allowed to be gainsaid or impeached. We do not understand the authorities referred to by the defendant to go any further than this.
"On the other hand, if a legal or vested right is in any way impaired or violated by an executive officer of the government, even in the matter of certifying lists of land granted previously by congress, we suppose such violation to fall as legitimately within the judicial cognizance of the courts, as if the same right had been invaded by an individual of the leg- islative department of the government. We take it to be a well estab- lished principle of law, that when a party, in the prosecution of a right,
444
HISTORY OF FREMONT COUNTY.
does everything which the law requires, and fails to maintain his right by the misconduct, negligence, ignorance, or mistake of a public officer, the law covers and will protect the right.
" We can add nothing to the force of the facts which we have already detailed, showing that the investiture of the plaintiff's right to these lands had really taken place anterior to the date when defendant's right attached by virtue of the permanent location of the road line.
"If anything was left undone by the plaintiff's in selecting and listing these lands which was required by the act granting them, or by the rules and instructions of the interior department, as to the manner of making and reporting them, in order to make good their right, we have been una- ble to detect it from the record. But, when in addition to this, they were recognized by the department as regular and valid, and subsequently con- firmed by congress, after they had been separated from the mass of other public lands, and designated by legal divisions and sub-divisions, what other acts could the government have done to have more effectually vested the right in and to these lands than those just enumerated ?
" And if the plaintiffs have a vested right, why are they not entitled to a stand in a court of justice, as have all other other parties with invaded legal rights ?. The reply is, they are concluded by the act of the com- missioner who rejected them as swamp lands, and certified them as rail- road lands. But suppose these same lands had been taken up by private entries (the swamp grant act being out of the way) at any time before the line of the roads were definitely fixed, and they should afterward be certified by the commissioner to the defendants as railroad lands; would such certification conclude the rights of private purchasers, although they had not yet obtained their patents? It seems to us that upon no fair prin- ciple of interpretation of these several acts of congress could the cer- tificate of a mere ministerial officer have that effect.
" Congress never intended to attach such undue solemnity to these cer- tificates, as will abundantly appear from the language of an act passed August 3, 1854, which, while it provides that the certified list by the com- missioner shall have the effect to convey the fee simple of all the lands embraced in said lists that are of the character contemplated by the act of congress, and intended to be granted thereby, yet further declares ' that, when lands embraced in such lists are not of the character embraced by such act of congress, and are not intended to be granled thereby, said lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby.'
" This negatives the conclusive character of these certificates, and when they are made in the manner supposed, so as to make them null and void, there must be some tribunal to determine that question. If they contravene substantial legal rights, as in this case, we do not see why
445
HISTORY OF FREMONT COUNTY.
the courts of the country are not open to afford the adequate redress. Believing that they are, and that the court below decided right in these cases, we shall affirm the same."
The great importance of this decision and its relation to the landed interests of this county will justify so lengthy an extract as the foregoing. Upon hearing the decision of the supreme court of the state the B. & M. R. R. Co., sued out a writ of error to the supreme of the United States. The result of the appeal may be best given in the language of the supreme court decree :
NO 40. SUPREME COURT OF THE UNITED STATES, DECEMBER TERM, 1869. 0
THE BURLINGTON AND MISSOURI RIVER RAILROAD COMPANY,
vs.
FREMONT COUNTY, IOWA, Plaintiff in Error.
In error to the Supreme Court of the State of Iowa.
This cause came on to be heard on the transcript of the record from the supreme court of the state of Iowa, and was argued by counsel.
In consideration whereof, it is now here ordered, adjudged, and decreed by this court that the decree of the said supreme court in this cause, be, and the same is hereby affirmed with costs.
7th FEBRUARY, 1870."
While this case was still pending in the supreme court of the United States, with the prestige of two decisions in the county's favor, a proposi- tion was made to the board of supervisors, and accepted, which was of a most disastrous character. There has been not a little misunderstanding among the residents of the county as to the real purport of the compro- mise proposed to the supervisors and accepted by them. The resolution as recorded in the minutes of the proceedings of the board for June 10th, 1869, (page 29, of book No. 2), is here given in full:
Whereas, a suit between Fremont county and the Burlington and Missouri River Railroad Company, has been long pending, and is now waiting final deter- mination in the supreme court of the United States, involving the title to 12,- 754.49 acres of land in said county; and, whereas, the pendency of said suit is vexatious and expensive to the people of said county and its determination may wrest from many bona fide purchasers the result of many years of labor, and de- prive others of their homes, embarrass the county with many claims for damages upon the part of those to whom said county has sold said lands, and impoverish the county treasury.
446
HISTORY OF FREMONT COUNTY.
And, whereas, said lands are now of great value and daily appreciating in the market;
Resolved, By the board of supervisors of said county that it is deemed advis- able and necessary to compromise and settle said suit with said railroad company.
Resolved, By the board of supervisors, further, that said suit be settled and compromised in the following manner, to-wit: The said county agrees in com- promise of said suit, to pay to said railroad company the sum of four dollars per acre for each and every acre of said lane the title whereof is involved in said suit, to-wit: The sum of $50,018.00, to be paid as follows: Warrants to be drawn upon the county treasury for the sum necessary for said purpose, bearing ten per cent. interest per annum from date, and due upon presentment to the county treasurer, provided always, that said Burlington and Missouri River R. R. Co. shall, in due and legal form, release to said county and to purchasers of said land all the right, title and interest of said company in and to the said lands, the said release upon the part of the said company and the said warrants in pay- ment for said lands to be delivered by each party to the other at the same time, and said suit to be thereupon dismissed.
And be it further resolved, In furtherance of said compromise and settlement that the said Fremont county does hereby release said company from, and remits to said company all the taxes now due and unpaid upon any and all lands belonging to said Burlington and Missouri R. R. R. Co., in said county,
And, Mr. H. Theilson, chief engineer and agent and attorney in fact for said railroad company being present before the board of supervisors, during the pendency of the foregoing resolution, acting for and in behalf of said Burlington and Missouri River R. R. Co., signified the assent of said company to said resolu- tions, and the basis of settlement and compromise of the suit between said par- ties as therein set forth, and then and there in the presence of said board accepted said offer in compromise and settlement of said suit and promised on behalf of said company, to perform all the conditions of said company in the compromise of said suit, as set out in said resolutions.
The ayes and nays being demanded on the resolution resulted as follows, to- wit:
. Supervisor Rhode, of Ross township-yea.
Supervisor Flanery, of Scott township-yea.
Supervisor Copeland, of Benton township -- yea.
Supervisor Griswold, of Franklin township-nay.
Supervisor Miller, of Madison township-nay.
Supervisor Henderson, of Sidney township-yea.
Supervisor Eggleston, of Fisher township-yea. Supervisor Heaton, of Monroe township-yea. So the said resolutions were adopted.
Comment on such a proceeding is wholly unnecessary. Two men alone seemed to be competent to understand the real purport of the com- promise. The rest, from some inexplicable reason either could not, or
447
HISTORY OF FREMONT COUNTY.
would not (?) prevent a wholesale attack upon the county's funds. Far be it from us to decide as to the real motive which influenced these men to vote for such a proposition. Measures were taken to stop the payment of the warrants issued in pursuance of the compromise, and an injunction was granted, which saved the county thousands of dollars. Soon after came the decision, above recorded, of the Supreme Court of the United States, and the swamp land questions, so far as involved in railroad claims, were settled.
FIRST ELECTIONS AND THE OFFICIAL CANVASSES.
ORGANIZING.
As has been before stated, the first officers of the county were Wm. K. McKissick, Isaac Hunsaker, and David Jones, county commissioners; Milton Richards, clerk of the district court: Tilden L. Buckham, treas- urer; A. H. Argyle, clerk and also recorder. In a short time Mr. Buckham became sheriff, and Mr. Argyle treasurer. The other officers of the county in 1849 are not certainly known, and we have been unable to find any records of the elections of 1850-51. There were then but three townships, Fulton, Franklin and Henry. From the best informa- tion obtainable we conclude that the voting places were at L. M. Platt's in Henry; at Austin, in Fulton, and at Thos. Farmer's, in Franklin.
Of the first officers, beginning with the commissioners, Thomas M. Gor- don died in the county some years since; Isaac Hunsaker removed to California many years ago, and David Jones died in this county about the year 1864.
Milton Richards, the first district clerk, is still living and resides on his farm a few miles southwest of Sidney. Though in the evening of life his mind is clear and all his faculties are remarkably well preserved. His age is seventy. Mr. Richards performed invaluable service for the people of the county by the care and skill with which he kept the early records of his office.
Probably the most efficient officer the county had in its early history was Mr. Archibald H. Argyle, clerk of the board of commissioners, treasurer, collector, etc. Mr. Argyle was a Virginian by birth and ever gloried in the fact. His official career in this county was one of abil- ity and of the highest character and fidelity. He served the county in other positions of trust subsequently. He died in Sidney, January 31, 1866, at the age of sixty-two.
T. L. Buckham died on his farm, six miles south of Sidney, about the year 1867.
448
HISTORY OF FREMONT COUNTY.
David M. English, the organizing sheriff, died more than twenty years ago.
At the April election, 1852, there was only one county officer to be chosen-school fund commissioner. There were 128 votes cast, of which John C. Campbell received 73; John Todd, 16; Jason Rector, 22; H. W. English, 17. Township officers were chosen in the four townships of the county, Sidney, Franklin, Fulton and Madison, as follows:
Madison .- Justices of the peace, Thos. M. Gordon and M. K. Skid- more; constable, Elliott O'Neal.
Franklin .- Justices of the peace, Chas. Calvert and Phineas Lowder; constables, David Jones, Sr., and Simeon Hooper.
Sidney .- Justices of the peace, J. H. Cowles and Chas. E. Woodard; constables, J. G. Applegate and Wm. P. Ford.
Fulton .- Justice of the peace, Wm. B. Hall; constables, McPhinney Lambert and Daniel Cooley. H. C. Kingsbury was appointed justice of the peace by the county commissioners.
THE AUGUST ELECTION, 1852.
At this election congressmen, state officers and two county officers were voted for. The result, as declared by Judge Greenwood and J. H. Cowles and P. Lowder, county commissioners, was as follows:
FOR REPRESENTATIVE IN CONGRESS. SECRETARY OF STATE.
Philip Viele (Whig). 132
Bernhart Henn (Dem.) 113
STATE SENATOR.
G. W. Lucas, D. 140
Benj. Recter, W 104
REPRESENTATIVE, FREMONT DIST.
Fred Rector, W. 43
W. C. Means, D 91
R. F. Connor, D
117
JOINT REP. FOR POTTAWATTAMIE AND FREMONT DISTRICTS.
Wm. B. Hall . 185
Joseph L. Sharp
45
J. W. Jenkins, W
127
Geo. McCleary, D. 88
AUDITOR OF STATE.
A. B. Porter, W
115
Wm. Pattee, D.
84
TREASURER OF STATE.
Hosea B. Horn, W
121
M. L. Morris, D.
80
1
DISTRICT CLERK.
1
J. H. Cowles. 84
F. Venable.
64
L. T. Cromwell
62
A. S. Folden
42
PROSECUTING ATTORNEY.
Sam'l E. McCracken. 86 D. B. Strait. 66
Not a very full vote was polled at this election, although the number of voters in the county at that time was not very large; indeed, the number
449
HISTORY OF FREMONT COUNTY.
was not in proportion to the whole number of the inhabitants, for the gold fever had carried off quite a number of the adult males, and they had not yet returned.
THE PRESIDENTIAL ELECTION OF 1852.
This was the first presidential election ever held in the county, it not having been organized until one year after the exciting contest of 1848, when Gen. Taylor (Old Rough and Ready) was the Whig, Gen. Lewis Cass the Democratic, and Martin Van Buren the Free-soil candidate.
Gen. Winfield Scott was the nominee of the Whig party in 1852, and Gen. Franklin Pierce the Democratic candidate. The Free-soilers had a ticket in the field headed by John P. Hale, of New Hampshire, but it cut only an insignificant figure in the campaign. This campaign will ever be regarded as a memorable one, from the fact that it was the last in which the old Whig party presented a candidate. Gen. Scott was quite well and very favorably known throughout the country. He was the hero of three wars and Commander-in-Chief of the Army of the United States during the war with Mexico. British lead was in his body, which he car- ried with him to the grave. But however great Gen. Scott was as a soldier, he was an utter failure as a politician and a candidate. His first speech in the campaign to a deputation of foreigners, in which he declared that he "loved the rich Irish brogue and the sweet German accent," made him the butt of his opponents and an object of ridicule, while his position on both sides of the Missouri compromise question, the tariff question and other measures regarded of moment, effectually killed his case before the American people, and he was overwhelmingly defeated by his opponent, a comparatively obscure New England senator and a brigadier-general of volunteers in the Mexican war. Twenty-eight years thereafter Gen. Scott's namesake was as decidedly, although not near so overwhelmingly defeated in a contest for the Presidency.
In the election of 1852, there was considerable interest manifested in Fremont county, and party lines were plainly if not closely drawn-not a customary proceeding at former elections where the "party lash" was very seldom applied. The electoral vote of Iowa was cast for General Pierce the last time it was ever cast for a Democratic candidate. The canvass of votes shows that the Whigs carried Fremont county, although for some reason, the vote of only three townships-Sidney, Scott, and Franklin-is given on the election book. The report is that Madison and Fulton townships were thrown out for informalities and irregularities in their returns. The vote stood:
Sidney Township .- For the Whig electors, Thos. W. Clagett, Wm. H. Henderson, John P. Finley, and Wm. A. Warren, 55; for the Democratic 9
450
HISTORY OF FREMONT COUNTY.
electors, Geo. H. Williams, J. E. Fletcher, Augustus Hall, and Wm. E. Leffingwell, 35.
Scott Township .- For the Whig electors, 21; for the Democratic elec- tors, 26.
Franklin Township .- For the Whig electors, 21; for the Democratic electors, 6.
Total in the County .- For the Whig electors, 97; for the Democratic electors, 67.
These returns are signed by County Judge Greenwood and Chas. Cal- vert and A. W. Humphrey, justices of the peace and county canvassers.
APRIL ELECTION, 1853.
The following is a literal copy of the election returns of the April elec- tion, 1853:
An abstract of the votes polled in the county of Fremont, in the state of Iowa, on the first Monday in April, A. D. 1853:
For the office of judge of the 6th judicial district in said state.
Sidney Township .- Allen A. Bradford had 77 votes; Wm. Dewery had 13 votes.
Madison Township .- Allen A. Bradford had 14 votes; Wm. Dewery had 11 votes.
The following townships were rejected through informalities of the township returns, by the county canvassers:
Scott Township .- A. A. Bradford, 42 votes; Wm. Dewery had none.
Franklin Township .- A. A. Bradford had 17 votes; Wm. Dewey had 1 vote.
Fulton Township .- A. A. Bradford had 10 votes; Wm. Dewey had 9 votes.
Solomon Stout was duly elected drainage commissioner.
(Signed.)
THOS. GREENWOOD, County Judge, ABEL L. ROBERT, A. W. HUMPHERY, J. P.
Attest, J. H. COWLES, Clerk.
AUGUST ELECTION, 1853.
For Sheriff .- F. E. Venable, 127; S. T. Cromwell, 111; L. P. Hiatt, 22. Treasurer and Recorder .- J. J. Singleton, 179; J. R. McCurdy, 67.
Surveyor .- Thaddeus Williams, 126; C. W. Pierce, 125.
AUGUST ELECTION, 1854.
At the August election, 1854, a proposition was submitted to the voters
. of the county, "Whether or not the county of Fremont will aid in the ;
1
451
HISTORY OF FREMONT COUNTY.
construction of a railroad from Ft. Madison, on the Mississippi river, via Bloomfield and Sidney, to a point on the Missouri river opposite old Fort Kearney, by authorizing the county judge to subscribe for $100,000 stock in said road for said county." In addition a special election was ordered to fill a vacancy in the office of sheriff, occasioned by the resig- nation of F. E. Venable. The following is an abstract of the canvass:
FOR GOVERNOR.
Jas. W. Grimes, Whig 179
Curtis Bates, Democrat .. 186
SECRETARY OF STATE.
Geo. W. McCleary, D.
244
John Thurman 156
W. C. Thomas
102
G. W. Cowles.
66
ATTORNEY GENERAL.
PROSECUTING ATTORNEY.
D. C. Cloud, D.
188
J. W. Sennett, W 162
REPRESENTATIVE IN CONGRESS.
Augustus Hall, D. 185
R. L. B. Clarke, W 179
Against
114
REPRESENTATIVE.
T. L. Buckham. 221 Wm. Dewey 152
AUGUST ELECTION, 1855.
COUNTY JUDGE.
Frederic Rector 217
Chas. Calvert. 70
Milton Richards 66
Asahel Mann 75
J. W. Davis 12
TREASURER AND RECORDER.
H. G. Bourn 260
J. J. Singleton 170
SHERIFF.
John Thurman
207
Simeon Hoop.
195
AUGUST ELECTION, 1856.
SECRETARY OF STATE.
Geo. Snider, Democrat.
292
Elias Findley. 275
Riley Keeler
136
M. F. Platt.
112
FOR CONGRESS.
PROSECUTING ATTORNEY.
Augustus Hall, D.
307
L. Lingenfelter. 339
S. R. Curtis, R. 197
DISTRICT CLERK.
Elias Findley. 171
S. W. Ripley. 119
F. E. Venable. 70
SHERIFF.
No opposition reported.
Wm. Kelsay. 222
M. K. Skidmore 73
RAILROAD APPROPRIATION.
For
174
Elijah Sells, Republican. . 190
DISTRICT CLERK.
S. E. McCracken
133
452
HISTORY OF FREMONT COUNTY.
STATE SENATOR. REPRESENTATIVE 13TH DISTRICT.
Samuel Dale, D. 334 Wm. Kelsay . 323
Benj. Rector, R. 187 John McKillop 187
PRESIDENTIAL ELECTION, 1856.
The canvass of the presidential election of 1856 is not to be found on the records, which is somewhat singular. It will be remembered that this was the first year in which the Republican party, as a party, put forth a presidential candidate. James Buchanan was the candidate of the Democratic party whose battle-cry was " No sectionalism;" Millard Fill- more was the nominee of the American or Know-nothing party, whose watchword was "Americans must rule America;" John C. Fremont was the standard bearer of the republican party, whose slogan was "Free speech, free press, free soil, and Fremont." The democrats carried the county by a respectable majority, although the records do not show this to be the fact.
OCTOBER ELECTION, 1857.
GOVERNOR.
Ben M. Samuels, D.
Ralph P. Lowe, R 223
Against .
215
John Henry, K. N. 14
OCTOBER ELECTION, 1858.
SECRETARY OF STATE.
S. Douglass, Democrat .
373
Alexander Leitch, D.
343
Chas. Linderman, R.
282
Elijah Sells, Republican. 246
FOR CONGRESS.
H. H. Trimble, D
373
E. H. Sears, D.
337
J. M. Dews, R
292
OCTOBER ELECTION, 1859.
GOVERNOR.
A. C. Dodge, Democrat .
Sam. J. Kirkwood, Republican 293
COUNTY JUDGE.
367
504 Sam. B. Frost
Thos. Greenwood.
231
E. S. Hedges.
176
STATE SENATOR.
Harvey W. English, D
J. A. Harvey, R. 314
STATE REPRESENTATIVE.
R. F. Connor, D 511
480
N. L. Van Sandt, R
280
PRESIDENTIAL ELECTION OF 1860.
This campaign, which is one of the most memorable in American his-
CLERK OF THE DISTRICT COURT.
DISTRICT JUDGE.
S. R. Curtis, R. 249
COURT-HOUSE APPROPRIATION.
273 For. 295
453
HISTORY OF FREMONT COUNTY.
tory, occasioned considerable excitement in Fremont county. Of the four presidential tickets in the field three of them were voted. The Bell and Everett ticket received no votes. Meetings were held in every township in the county by both Republicans and Democrats and the contest became an excited one. The result of the election in this county was as follows:
PRESIDENTIAL ELECTORS
Lincoln Clark, Douglas Dem. 516
Henry Clay Dean, 66 516 .
Fitz Henry Warren, Rep. 403 J. A. Chaplin, Rep. 403
Wm. H. Henderson, Breck. D. 66
M. D. McHenry, 66
CONGRESSMAN.
C. C. Cole, Douglas Dem 556
Sam'l R. Curtis, Rep. .. 414
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