USA > Iowa > Hardin County > History of Hardin county, Iowa, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 38
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Prosecuting Attorney at the next regular election, and in the summer of 1855 be- came County Judge by the resignation of Judge Alexander Smith. Was nominated by the Democrats for that office during the Know-Nothing excitement, but withdrew from the contest. Returned to New York in the fall and was married to Miss Dorinda Clough, at Laona, on the 12th day of Sep- tember, A. D. 1855, and immediately started for Iowa.
In the spring of 1857, at the request of the Democracy and a few personal friends of the Republican party, he consented to run for the office of Judge of the District Court, and though the district was largely Republican, was elected for the term of four years, holding the office till legislated out by the adoption of the "new constitu- tion."
At the request of the Democratic Cen- tral Committees of the different counties, he announced himself as an independent candidate for re-election, but owing to the aspirations of others then professing to . belong to that party, he consented to go before a convention of his party, and was nominated, receiving 36 of the 39 votes on the first ballot. The district being largely Republican, and the excitement of the "Dred Scott" decision at its height, a regular nominee of a Democratic conven- tion could expect nothing but defeat, and when the contest was decided his oppo- nent, Hon. John Porter, had a majority of less than 300 votes. This was a time, also, of county seat removals. Of the counties forming the district, three-fourths had, during his term of office, held elections, and in most cases the contest was carried into the District Court for adjudication.
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While holding the office of judge, being largely interested in the town of IIamp- ton, the county seat of Franklin county, he moved there and resided a portion of the time; returning to Eldora after the ex- piration of his term of office, he entered into partnership with Hon. H. L. Huff, and continued in the practice of his profession till he entered the army in 1861; was a member of the State convention that sent delegates to Charleston in 1860, and can- vassed a portion of the State for Douglass in that exciting campaign; volunteered as a private in Capt. Stumps' company, but withdrew by permission to assist in the organization of the 1st Iowa cavalry; raising and commanding Company "G" of that regiment; returned to Hardin county and took an active part in the election of the fall of A. D. 1861, supporting Hon. W. J. Moir as the Union candidate against J. F. Brown, Esq., the Republican nominee; after the election returned to his regiment, and was from that time in active service with his company and battalion during the years 1861-2; that battalion accompanying Gen. Fremont in his famous campaign to Springfield; was present commanding his squadron at the battle of Milford in De- cember of 1861, when, after a sharp fight, 1,300 rebels under Cols. Robinson and Magoffin surrendered to 400 men of the Ist Iowa Cavalry and 50 regulars under command of Gen. J. C. Davis; a success that gave Gen. Pope prominence, and which he utilized to its full extent. Again at Silver creek, Howard county on January 8, 1862, when the Ist Iowa and a part of Merrill's Horse defeated Poindexter. In February, 1862, having been placed in command of the cavalry stationed a
Sedalia, Mo, he with a detachment of the 1st Iowa, numbering 120 men, fell upon 800 confederates under Gen. E. W. Price, son of Gen. Sterling Price, while crossing the Osage river at Warsaw, about four o'clock on the morning of the day of the battle of Fort Donelson, and succeeded in cutting off and capturing Gen. Price, Col. Dorscy and other officers, and some 50 or 60 men, 400 horses, mules, etc., for which service he received special commendation from Gen. Halleck. In April of the same year, he was ordered to Warrensburg to relieve the garrison under Major Foster of the Missouri troops, who had been driven into the stockade, and besieged by Quan- trell and Parker.
Leaving Sedalia at 11 o'clock of a rainy night, by a forced march of 30 miles, lie reached Warrensburg at sunrise, with 200 men and a section of artillery, to find Quantrell had raised the siege and de- camped, moved out 15 miles from Warres- burg and fell in with Col. Parker and a portion of Quantrell's troops, and engaged in a running fight for two or three miles through the timber, killing Capt. Griffith and four or five men, and wounding as many more; captured Col. Parker and fifteen or twenty of his troops; was ordered to Lexington in May, and thence to Clinton; was a member of the military commission at Butler, Bates county, during the sum- mer of 1862; assuming command at Clinton in August for a while, but owing to an unyielding attack of neuralgia, and sick- ness and death in his family, he resigned in October and returned home to remain only till his health improved, when he again returned to the army, having been commissioned major of the 8th Regiment
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Iowa Cavalry; soon after he joined his regiment it was ordered south, and by the 1st of December reached Nashville, Tenn. During that month he was assigned to the command of a sub-district, under the im- mediate command of Gen. Gillem, with headquarters at the terminus of the West- ern R. R., 30 miles out from Nashville.
During this winter he succeeded in defeat- ing, killing, and capturing at different times the most of the celebrated "Hawkin's Scouts," and driving Col. Hawkins, their commander, into the arms of the 2d Ken- tucky Cavalry, as it was marching through the country; was ordered to Iowa in March, 1864, in command of a detachment to escort recruits to different regiments in the department of the Tennessee. After discharging that duty, he was detailed on court martial at Nashville till Gen. Sherman was ready to begin his "march to the sea," when he was ordered to his regiment, then stationed at Cleveland, Tenn., but soon destined to move to the front, where it was engaged continually in scouting and skirmishing; at one time 13 days suc- cessively under fire, till the unfortunate raid near Rome, Georgia, resulting in the capture of its Colonel and most of the regi- ment, a portion only cutting its way out with Gen. Ed. McCook; was brevetted Lieutenant-Colonel for gallant and meri- torious service. The terrible strain of such severe and continued service, the exposure and over exertions, resulted in an attack of neuralgia of the heart, so violent as to compel him to be sent to the hospital at Nashville for treatment, where he remained nearly three months without improvement, and till discharged, on cer-
tificate of permanent disability, by a Medi- cal Board specially appointed.
Arriving home in the fall of 1864, broken down in health but not in spirit, he located on his farm, and for two years engaged in agriculture.
In 1866 he was nominated for Congress by the "People's party," and made a thorough canvass of the district, and, though running far ahead of his ticket, was defeated. In 1867 he received an appointment of Pension Agent at Des Moines, to which place he removed, resid- ing there till his term of office expired; then returning to Eldora in 1872, was a delegate to the Democratic State Conven- tion, and was largely instrumental in securing harmony of action between that convention and that of the Liberal Repub- licans. Was also a delegate to the Balti- more convention that nominated Horace Greeley for President, and was selected by his fellow delegates as the member (from Iowa) of the committee to await on Mr. Greeley, of New York, and appraise him of the choice of the convention. Having performed this duty, he returned to Iowa and entered vigorously into the campaign that resulted so disastrously to Mr. Greeley and Democracy. Coming to the conclu- sion that he was not a "President maker," he has from that day since religiously abstained from all conventions. Though a member of the Grange and an active supporter of the Anti-Monopoly move- ment, he only labored as a private, refus- ing promotion. In 1874 Judge Thompson closed his office in Eldora, and in 1875 removed to San Francisco, California, where he now resides.
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HISTORY OF HARDIN COUNTY.
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rune 1829
John N. Fairchild was a young man of liberal education, bred a lawyer, and a man of some literary attainment, fair talent, but with little experience in his profession. Died within a year after settling in Hardin City, in 1854.
J. S. Gaulding was from Kentucky; came to Hardin county in the. summer of 1855, and located at Eldora. He was a man about forty-five years of age, evi- dently a well educated man, and a man of ability as'a lawyer. He had a good prac- tice in his native State. He was a man of reckless habits and bad character. Left the county in the fall of 1855.
Henry L. Huff has been a member of the Hardin County Bar a longer period than any other attorney. Henry Lewis Huff is a native of Pennsylvania, and was born in Cumberland county on the 29th of January, 1829. His parents were John and Priscilla (Davis) Huff. His father - died when Henry was in his infancy. His mother moved, to Wayne county, Ohio, and married John Mercer. In his youth Henry worked on a farm and a short time in a tailor's shop, attending a district school part of the time each year. At an early age he had a desire to be a lawyer, and at sixteen, while spending three terms at the Edinburgh Academy, near where he lived, he also devoted some time to the study of law. Three or four years later, having read diligently all the time at home, he went to Muncie, Indiana, and studied with Judge March, and was ad- mitted to the Bar in that place in August, 1853.
In December, 1853, Mr. Huff removed to Iowa, and the following spring opened an office at Marengo, Iowa county, in
partnership with Hon. J. D. Templin, of Iowa City. At the end of one year he removed to Hardin county, and on the 20th of May, 1855, located at Hardin City, Y then the principal town in the county. Here, in connection with C. G. Ankeny, under the firm name of Ankeny & Huff, he opened a real estate and law office. In the fall of 1856 he was elected Prosecuting Attorney for Hardin county, and in 1857 moved to Eldora, where he has since con- tinued to reside. A portion of the time that he was County Attorney he was ex- officio County Judge. He held the office until legislated out in 1858.
In 1860 and 1861 he was in partnership with Hon. J. D. Thompson, the firm being Huff & Thompson. From the latter date until 1869 lie was alone. He then ad- mitted as a partner S. A. Reed, and under the firm name of Huff & Reed the co- partnership continued until April 1, 1881. He again continued the practice of his profession alone until April, 1882, when a partnership was formed with F. W. Pills- bury. Except during the short period in which he was in the service of the State, he has devoted his entire time to his pro- fession.
Mr. Huff was a member of the lower house of the General Assembly during its thirteenth session, in 1869-70. He was on five or six committees, and chairman of two or three. He. drew all the bills pre- sented by the committee on commerce; was a leading member, though not chair- man, of the judiciary committee, and was known as one of the most diligent men of that body. He was a fluent speaker, but his work more than his eloquence left its impress on that assembly.
The same located is Fullin Co.1
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HISTORY OF HARDIN COUNTY.
On the 11th of May, 1861, he was united in marriage with Elizabeth B. Devin, of Abingdon, Illinois. They have been blessed with eight children, two of whom have passed on to the better land- George H. and Henry L The living are Edwin J., Cora F., Thomas, Herbert A., Clyde C. and Luella.
Mr. Huff is a Master Mason, and is a member of Eldora Chapter. In politics, he was originally a Democrat, and con- tinned as such until the opening of the rebellion, since which time he has been a Republican.
In every public enterprise, Mr. Huff has taken an active interest. He was one of the prime movers in that enterprise which brought a railroad from Ackley to Eldora, and was President of the Eldora and Steamboat Rock Coal Company, which originated the enterprise. In its incipi- ency, and during its progress, he gave much time and his great energies to the work. On the organization of the Terra Cotta and Fire-clay Company, he became a stockholder and a director. In fact, every public enterprise has had his sup- port. Thus in the several gradations of life he has maintained an unusual degree of energy, perseverance, and has ever maintained a deep regard for all that per- tained to individual and public advance- ment; kind, charitable and obliging, he has surrounded himself with warm and de- voted friendship. As a lawyer, he has but few equals. Coming to the State in an early day, he has had the privilege of watching the legal advancement of our State; and being possessed of a very re- tentive memory, he is well calculated to judge of the intendment of legislation.
He is a prudent and safe counsellor, and a first-class jury lawyer. He now stands at the head of his profession in the State. He has, by his honest and faithful work, assisted materially the Supreme Court of the State in establishing honest and lasting principles that govern the civil conduct of our people. He is now in his social rela- tions of life, reaping the harvest of honor and respect, sown by him in his youth and early manhood.
A good story is related at the expense of Mr. Huff, which must not be lost. In a trial before the district court, in which he appeared as one of the counsel, Angustus Mitterer, of Point Pleasant, was introduced as a witness. Now, Augustus was a Ger- man, and retained much of the German dialect in his speech. He was also sup- posed to be a free and independent citizen of the United States, and entitled to all the rights and privileges pertaining to citi- senship. In his capacity of a good and worthy citizen, he had been labored with some months previous by Mr. Huff, who was a candidate for the Legislature, to cast his vote for him for that office. It is not known whether the persuasive influ- ence of the gentleman had its desired effect or not, nor is it necessary to the truth of this story. Enough to say Mr. Mitterer was placed upon the stand, duly sworn, and was then catechized by Mr. Huff somewhat as follows:
"What is your name?"
"Angustus Mitterer."
"Where do you reside ?"
"In Point Pleasant."
"What is your age?"
(The answer was given.)
"You are a German, are you not?"
HISTORY OF HARDIN COUNTY. 291
"Yes, sir." "Well, Mr. Mitterer, have you ever been naturalized?"
"Vot for yon ask me dot question now?" he responded indignantly. "Why you no ask it when you were running for office, and come out to mine blace and talked so much to me to get mine vote ?"
Hon. Wm. J. Moir, of Eldora, is a native of Scotland, and was born at Buchan, October 19, 1844, His parents emigrated to Canada in 1830, where his father, John Moir, resided till his death.
Mr. Moir has been a resident of the United States since' 1843. He was edu- cated, in part, at Derby Academy, Ver- mont. He was naturalized at Plymouth, Indiana, in August, 1854; he began the study of law the same year at Plymouth, where he was admitted to the Bar about 1856. He came to Eldora May 8, 1856, and has resided here, in the practice of his profession, since that time. He was mar- ried, October 27, 1847, to Miss Olive J. Ball, a native of Canada. They have two children-Marcus W., born in Trumbull county, Ohio, in 1851, and George J., in Eldora, October 14, 1861. Mr. Moir is a successful lawyer and a representative man, ever prominent in any enterprise whose aim is the welfare of the best in- terests of the people. He has twice repre- sented this district in the Legislature, having been elected in 1861 and again in 1863. He is at present trustee and treas- urer of the "Iowa Reform School," at Eldora. Has been a Republican always.
E. W. Eastman became a member of the Hardin County Bar in 1857, although he had attended several terms of the District Court prior to that time, and was recog-
nized as one of the leading attorneys of the State.
Enoch Worthen Eastman was born in Deerfield, Rockingham county, New Hampshire, April 15, 1810. He was the third of seven children-five boys and two girls. He was brought up to work, and until he became of age labored at any and all things that his hands could find to do, his parents receiving his wages. At this time he had only received a limited com- mon school education.
During the next five or six years, after he had become of age, he devoted all his earnings and leisure time to obtaining an education, and acquired what, in New England, was called a thorough academic English education. At that time he had no intention of adopting a profession. His object was to know something, and be qualified for all ordinary kinds of business. Hard labor often brought upon him sickness, and, among other misfor- tunes, he took the small-pox, which left him in delicate health, which was soon followed by fever and general debility. Attending church one Sunday, in feeble health, just recovering from a fever, a good Christiam lady, taking him by the hand, said: "What is the use for you to try to work; you know you get sick every time you do it? Why don't you study a profession ? Be a doctor or a lawyer. Read law and be a good lawyer." IIe went home, but the voice kept ringing in his ears, "Be a good lawyer." And why not? In less than two weeks he began his studies, and soon after entered the office of Hon. Moses Norris as a student. The law then required a student to read five years before being admitted to the
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Bar. He read his legal time, was ad- mitted, and practiced in New Hampshire until September, 1844, when he emigrated and located in Burlington, Iowa, in Octo- ber of the same year. In November, 1847, he removed to Oskaloosa, where he prac- ticed his profession till the fall of 1857, when he removed to Eldora, where he has since continued to reside. His practice has been large and profitable, involving some of the most important cases and securing him liberal fees.
Mr. Eastman was a Democrat until 1857, since which time he has been a strong Republican. He has ever been in the advance, and waits not to see how the leaders or political "bosses" shall go before making up his mind as to the right or wrong of any question. In 1863 he was elected Lieutenant-Governor of the State for two years, receiving the largest majority, which, up to that time, had been given to a candidate for any State office. He made an able presiding officer. He took the gavel in hand while the rebellion was pro- gressing, when the patriotism of the Union men of the North was at its heat, and when some were endeavoring to sow the spirit of discord among the friends of the Union. Some idea of the boldness of the man and the spirit of the times, may be found by short extracts from his speech made on taking the chair, and which will be found on page 65 of the Journal of the Senate, January 15, 1864. He referred to the "perilous times" in which the people were then living, to the fact that there were disloyal men in Iowa, and of the possibility of there being some member of the State Senate, whose devotion to the Union had ceased to exist, and then added:
"If unfortunately such a one is here, my heart's desire and prayer to God, is that his tongue may be paralyzed and cleave to the roof of his mouth, whenever lie attempts to utter the intent of his heart. For the honor of the State, I do hope that the patriotic men of Iowa, who have taken their lives in their hand and gone to the tented field, will not receive a shot in the rear from any member of this honorable Senate."
In the same speech, Mr. Eastman took advanced grounds on the question of the right of speech. He declared that "no man has the legal, moral or political right to begin to do that which the law will punish him for consummating;" he added :
"Believing, therefore, as I do, that the axe should be laid at the root of the tree, I hold it unparliamentary for any one to talk treason, or advocate the cause of se- cession or any dismemberment of our Union, or in any way give aid or comfort to the rebellion, by pleading the cause of traitors, denouncing or disparaging the Government, in this Senate, while I pre- side over it. The right of free speech in a legislative assembly does not extend be- yond the bounds of loyalty."
Gov. Eastman has always taken an active part in establishing and building up the political, educational and charitable insti- tutions of the State. When he came to the Territory there was no system of com- mon schools in it, and he found many op- posed to it. By voice and with pen he advocated the system. The following is an extract from his writings, published in a Burlington paper shortly after his re- moval to the Territory:
E. W. Eastman.
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HISTORY OF HARDIN COUNTY.
"As it is the duty of every nation to perpetuate its own existence, and strive to make all its members prosperous and happy, and as the present political genera- tion will soon yield its place, with all the responsibilities of this powerful Nation, increased by the progress of art and science and the march of mind, to those who are now youths and sucklings, how indispensably necessary it is for the Gov- ernment to prepare the mind of the youth for the high station which awaits it, and how infinitely more essential it appears when we reflect that this is the only means within the power and control of the Gov- ernment to enable it to transmit itself un- sullied to posterity. It is on this principle -on the blessed truth that the mind of the youth is public property, and, in the rapid current of events, soon to become both the pillars and edifice of the Nation -that our public schools are established. The Nation knows no distinction between the poor and the rich; each are equal, and both are alike to be prepared for any issue. Mind, from its very position in the Gov- ernment, becomes paramount to property and every other minor thing. The mind of the youth, if I may use the expression, is not only heir to the throne, but is the Government itself in embryo. And herein it follows that, as it is the duty of the Government to know itself, to preserve and perfect its own nature, and carefully protect all its members, and has a right to everything necessary for its preservation, so it is within its power and duty to appro- priate an equal portion of all property, whether its holder has children or not, to the education of all youth, and the mind of the poorest child is absolutely entitled
to receive from the Government the sante nurture as that of the child of the most opulent of the whole Nation."
These articles on education were written in the Territorial days of lowa, and before the controversy arose about expelling the Bible from the schools, and dividing the school money to the different religious sects, but upon sectarian instruction Mr. Eastman said:
"But of all the evils to be- guarded against, secretarian books and sectarian teachers are the most important. They plant the very evils which it is the pro- vince of a proper education to uproot. You must leave the pupil to learn doc- trines at home or at church, where he can have the instructions of a professor on each religious creed and doctrinal point. Our Government has no established reli- gion. It tolerates all parties and creeds, but teaches none. It recognizes a great Sovereign of the Universe, before whom all its officers take an oath, and is regulated by a constitution. Of these you can speak, leaving the mind free from bias. You
must bear in mind that you are the servant of the Government, and not of a political party or religious sect. You are to edu- cate the pupil for the use of the Govern- ment. You are also to bear in mind the broad distinction between instructing and educating. You are not simply to impart knowledge. You are not simply to train the memory, making the mind a library or lumber room, stored with other men's thoughts and theories. That is only teach- ing. You are to expand the mind, and train it to think and act for itself-enable it to analyze. You must infuse into the mind self-reliance, and give it self-help,
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self-trust and internal rigor; for every one must act for himself, think for himself, that he may choose the good and shun the .evil; and he had better think wrong some- times than not to think at all. The pupil must be inspired with an invincible love of truth, that he may investigate for the sake of truth. You must inspire the whole heart and soul with a love of honor and moral integrity. You must give boldness and heroism to the heart. In short, you must unfetter the immortal mind, unbind the image of God, give freedom to the thoughts, capacity and strength to the un- derstanding, that it may walk alone, and gain strength by its own exercise. This is education, and he who is thus educated will answer the end for which he was made."
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