USA > Iowa > Jefferson County > History of Jefferson County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
On February 9, 1843, township number seventy-two north range ten west was placed on sale. (Fairfield and Center). The only preemptions taken up prior to this were in section twenty-five. In 1842, on April 25th, John A. Pitzer and Samuel Shuffleton purchased the northwest quarter; on May 12th, as trus- tees, Daniel Sears, E. J. Gilham, and B. S. Dunn, purchased the southwest quar- ter; and on October 24th, Samuel S. Peebler purchased the east half of the southeast quarter. For the remainder of the section, on the day of sale, the west half of the northeast quarter was purchased by Andrew Jackson Dane, the west half of the southeast quarter by Micheal F. Peebler, and on March 18th fol- lowing the east half of the northeast quarter by Samuel Mealey. Under a Con- gressional grant to the territory of Iowa in 1840 of seventy-two sections of land for the use of a university sections eight and twelve were reserved. Henry B. Mitchell was bidder. Besides the two already named the purchasers at this sale were Lot Abraham, Thomas Foster, Charles Friend, Casper Snook, Samuel Zeigler, Frederick Troxel, Peter Haley, Jacob Plough, Wm. Vincent, Sampson Smith, Elisha King, Isaac Sharp, William Lamb, Benj. F. Tillotson, John T. Moberly, Daniel Hammock, Peter Hale, Joseph S. Burnan, Thomas Mitchell, James Dorson Spearman, Wm. Alston, Daniel McLean, Joel Arrington, Lorenzo Chapin, Henry B. Mitchell, Alexander Bryant Young, John Koons, George W. Smith, Robert Gardiner, Isaac McCleary, James L. Scott, John A. Pitzer, Charles David, Charles R. Hitchcock, Julius Alexander Reed, Joseph Alison McKemey, Hugh Culbertson, Joseph Gardner and Andrew Louden. The last parcel to be sold of the land remaining after this sale was in section nine. It was bought on December 27, 1851, by Newton Lamb.
On February 10, 1843, township number seventy-three north, range ten west (Blackhawk), was placed on sale. But one preemption was taken. On the IIth of January previous, Joseph Hickenbottom purchased his claim in section three. Only four buyers appeared. They were Joseph Hadley, George Shelley, Wm. Bowman and Michael Shelley. Because the lands were prairie, there was little desire to acquire them. Subsequently, a few entries were made annually for a period of some years. Up to 1848 not more than one-half of the township had been sold. The first purchase in section one was made on February 16,
Digitized by Google
177
HISTORY OF JEFFERSON COUNTY
1844, by Mahlon Heston; the last purchase in the township was also made in section one on August 25, 1853, by James P. A. Lewis.
On February 11, 1843, township seventy-two north range nine west (Buch- anan), was placed on sale. There were several preemptions. On May 14, 1842, Sylvenus Herrington purchased his claim in section thirty-two. Others who purchased their claims later but before the public sale were Alexander Wheeler, Morgan Keltner, Henry Keltner, Wm. Smith, Ransom Coop and Joseph Cole. Most of these preemptors bought additional lands at the sale. Other buyers then were John Long, Benj. F. Chastian, Jacob Fore, Isaac Blakely, Nelson Green, William Young, Wiley Jones, James J. Murray, Wertly J. Green, Thomas Allinder, Archer Green, James Chandler, David Coop, Samuel Coop, Anthony Downing, Nathan Coop, John Harris, David Keltner, John R. Parsons, Joseph Hickenbottom, Andrew Kennedy, Samuel Mealey, David C. Brown, Jacob L. Myers, Samuel S. Walker, David Van Winkle, and Abe Van Winkle. The final purchase of the land remaining after this sale was made on August 9, 1853, by Daniel Rider. It was located in section five.
On February 13, 1843, township number seventy-three north range nine west, . (Penn) was placed on sale. There were four preemptors. The first to purchase was James J. Murray. On June 21, 1842, he secured a claim in sec- tion thirty-three. The other preemptors were John Jones, Martin Cassada, and Edward K. Hobson. At the public sale the buyers were Joseph Hadley, Isaiah Hinshaw, Benj. W. Hinshaw, John Andrews, Robert Pringle, Wm. Jay, Phineas Heston, Alexander Bell, Isaac Ellis, Hugh Brown, Hugh De France, Wm. G. Coop, Stephen Heard, Lewis Cox, Wm. Harrison, Henry Hicks, Alexander Wheeler, Martin Lee, Wm. Young, Nelson Green, Henry Keltner, Jacob Fore, Alexander Blakely, and Samuel Ridinger. The last piece of land left from the sale was bought on August 13, 1855, by Wm. B. Garrison. It was forty acres in section seven.
Under the Act of 1841, it was provided that a settler could file within a stated period a written statement describing the land it was his intention to claim, and by so doing have it reserved from sale for a twelvemonth. Many declaratory statements were filed, not all in good faith. In some cases, the purpose was to keep the land out of market for a year in order to gain time to obtain the means to pay for it, and in some cases to secure a right to cut the timber on it without hindrance. Out of this abuse of the law grew another, productive of great loss to persons who could ill afford to lose. It began in the acceptance by the register, William Ross, of application from others desiring to purchase lands so reserved. For a time at the expiration of the year he would sell the claim for which there were several applicants to the highest bidder among the number. Under this system the first applicant sometimes lost the land. - Appar-
ently to retain for him a prior right to purchase without criticism, the register then adopted a rule by which the one who first deposited the purchase money for a particular tract would be allowed to enter it without competition when it again became subject to entry. On the 11th of October, 1844, Ross died. It was then learned that he had acted without authority of law and that both the lands and the money were lost to the trustful depositors as no relief could be hoped for from his estate which was insolvent. In 1846, Congress called for information. The affidavits submitted show that the register gave due con- Vol. 1 -- 12
Digitized by Google
178
HISTORY OF JEFFERSON COUNTY
sideration to official form. A receipt was always issued. One of these, which may be of some local interest, will throw light on the transaction.
"Register's Office, "Fairfield, Iowa Territory, June 29, 1844.
"I have received of Sylvester Green one hundred dollars, to be applied to the purchase of the SE. quarter of the NE. quarter, and the NE. quarter of the SE. quarter of section No. 2, township No. 72 north, of range No. 9 west, now held as a preemption right by Miles Driskill under the act of Congress of the 4th September, 1841, which right will expire on the Ist day of December, 1844; but it is expressly understood that should said Driskill prove up his preemption, then the one hundred dollars to be returned to said Green.
WILLIAM Ross, Register."
It was estimated that he received in this way something between four thou- sand and seven thousand dollars. In their report, Bernhart Henn, register, and V. P. Van Antwerp, receiver, with large knowledge of the facts, expressed the opinion that there resulted "peculiar hardship upon many of the settlers," that they "believed they were acting in compliance with the requirement of law," and that "having been led into this error by no fault of their own, it would seem most clearly that they should not be made to suffer from the acts of others -those others being the agents of the government, whose duty it was to protect their rights." Commissioner Shields concurred with this opinion. What action, if any, was taken for their relief does not now appear.
On May 20, 1846, township number seventy-two north range eleven west (Locust Grove), was put on sale. There were a large number of preemptions. The first one was that of James Duane Stark, who on December 11th, 1844, purchased a claim in sections twenty-five and twenty-six. Between that date and the date of the public sale, those who preempted were Andrew Grover, Samuel Bowman, Alexander P. Benn, W. L. S. Simmons, John Phebus, Reuben . Dill, Thomas W. Gobble, Wm. Smith, Sampson Smith, George Huffstutter, John F. Ingram, Commodore Ingram, Samuel Scott Warwick, Samuel Robb, Martin Byerly, David Eller, Joseph Sketo, John Young, Wm. Yocum, David Sears, Sr., Wm. P. Holmes, Thomas Clark, Joseph Koons, David Sears, Jacob Sears, Dillon Koons, Wm. Vinson, John Vinson, Abraham Samuels, John Koons, Elijah Col- lins, Jacob Collins, Hiram D. Gibson, Henry Crees, Samuel Hughell, Katharine Wood, Frederick Boysal, John Jordan Smith, and Seth Hayes. Purchasers at the sale included some of these preemptors and Tinley Missick Brooks, Lot Abraham, Henry Hite, John Jackson Smith, Benjamin Robinson, Wm. F. Lat- ting, John McCullough, Myres Huddleston, John Downey, Henry A. Miller, Reuben Harris, John Sears, Fielding T. Humphrey, Jonathan Laughlin, Levi Humble, Charles Abraham, Abraham Newland Fleenor, Christopher Cannady, Nicholas Riley Greenwood, Thomas Moorman, Wm. Judd, Thomas Martin, Jacob L. Sears, Harvey Price Laughlin, John Linder, John Turner, Michael Cassel, Joseph Scott, Claiborne Tinsley, John L. Cottingham, Samuel Whit- more, David Caldwell, George Humphrey, Robert D. Caldwell, Wm. Stilwell, Joseph Hudgell, Francis D. Richardson, Elisha Collins, David Impler, John M. Glenn, Elijah O. Bannon, Joseph Gibson, James W. Holmes, Reuben Ellmaker,
Digitized by Google
179
HISTORY OF JEFFERSON COUNTY
Isaac H. Bush, John D. Chester, Benjamin McCleary, and Simpkin McCleary. The last piece to be sold of the land remaining after this sale was forty acres in section nineteen. It was bought on February 19, 1855, by Isaac McBarney.
On May 21, 1846, township number seventy-three north range eleven west (Polk), was placed on sale. On November 11, 1844, Christopher Sears pre- empted in section thirty-five and Harvey S. Spurlock in section thirty-six. In 1845, preemptions were made by John M. Forrest, Joseph Price, James Harris, Matthew Spurlock, David Smith, Wm. H. Brown, Harrison Smith, Daniel Mor- ris, and David E. Edgar. Some of these also purchased lands at the sale. Other purchasers were Caleb L. Scott, Frederick Zugg, James G. Smith, Wm. Hall, Sr., Myres Huddleston, David Mowery, Wm. F. Latting, John Townsend, John W. Peters, John Jackson Smith, Isaac Peters, David Peters, Jesse C. Wear, Evin Fleener, Robinson Morris, Shelton Morris, Isaac Campbell, Benj. Robinson, and Ben J. McVay. Of the lands then unsold, the last tract to be disposed of was some seventy acres in section five. It was bought on January 2, 1855, by Ward Lamson.
On July 27, 1847, township number seventy-one north range eleven west (Des Moines), was put on sale. It was the last to be offered on account of the rejection of the first survey. There were numerous preemptions. The first was that of Alexander Wilson, who on October 8, 1844, purchased a claim in section twenty-three. On the 26th of November following, Benjamin McCleary purchased a claim in section one. In 1845, the preemptors were Samuel Hughell, Wm. Olney, Sarah James, John Jordan Smith, David Peebler, Asa Stoddard, R. Nimocks, Samuel Walker, Sr., Samuel Walker, Jr., Benj. F. Brown, Joseph Hall, Amos Vandever, Epenuetus Birdsall, Samuel Ford, Alexander Wilson, Moses Black, and Elias Fisher. In 1846, the preemptors were Michael Glotfelty, and Thomas Walker. In 1847, the preemptors were Wm. Beard, Jr., Austin L. Ship- ler, Abraham Stanford, Moses Pitman, and George Fisher, Jr. Under the act of August 8, 1846, Congress having made a grant to the state for the improvement · of the navigation of the Des Moines River, sections seven, seventeen, nineteen, twenty-one, twenty-seven, twenty-nine, thirty-one, thirty-three, and thirty-five, except the parts already disposed of before their selection, were reserved for this purpose. The buyers at the public sale included several of the preemptors and Simpkin McCleary, Jacob Brown, Sr., John M. Ware, Andrew Peebler, Enos Ellmaker; Lewis S. Young, George Humphrey, Wm. Roberts, Levi Roberts, Good- man Graves, Christian M. Slagle, John U. Brown, Nicholas L. Bonnet, Reuben Ellmaker, Peter Lutz, James McElderry, Samuel Shipler, John M. Prichard, John D. Chester, John T. Given, John Croft, James Pattison, Jacob U. Brown, George U. Brown, Thomas J. Harrison, Edith Pumphrey, Andrew J. Davis, George W. Cutting, Samuel Imbler, Christian W. Burger, Wm. Brown, Abraham Lander, Hugh Wilson, Samuel Cassidy, Robert Wilson, Tobias Moore, Jacob Harmon, John Cloke, Tacy Conger, George Stump, Isaac Nelson, Wm. C. Morrison, John Winsell, Abner Beals, David Laughlin, N. Stokes, Calista Stokes, Sarah Stokes and James Stokes. Of the lands remaining after the sale, the last to be sold were eighty acres in section twenty. This piece was bought on December 6, 1854, by Nelson Sargent. In the several sections reserved save sixteen, all the unsold lands were transferred on May 3, 1858, to the Des Moines Navigation and Rail- road Company.
Digitized by Google
180
HISTORY OF JEFFERSON COUNTY
Thus in seventeen years, beginning in 1838 and ending in 1855 the govern- ment title to all lands in the county was extinguished. The lands granted for spe- cial purposes and held in trust by the state were not taken up so readily because of the higher prices exacted, but by 1865 they were practically all disposed of.
Digitized by
L
Digitized by Google
HON. CHARLES MASON
Digitized by
CHAPTER XXIV
THE SEAT OF JUSTICE
In providing for the organization of the County of Jefferson, the territorial Legislature "appointed commissioners to locate and establish the seat of justice." They were "Samuel Hutton of the County of Henry, and Joshua Owens of the County of Lee, and Roger N. Crissup of the County of Van Buren." They were men of high standing in their respective communities, of wide acquaintance in the southern half of the territory, and were wisely selected for the position.
Samuel Hutton was born in 1785 near Pittsburg, Pennsylvania. By the migra- tion of his parents to Tennessee in his boyhood days he grew up a citizen of that state. He was a soldier of the War of 1812. A land-warrant issued him for this service lured him to take his family in 1821 to Sangamon County, Illinois, where he remained some fourteen years. In 1835, he moved to Demoine County, Michigan Territory. One of the first comers in the locality, by reason of his four years' residence he had grown familiar with the country and its people. To the citizens of this new county he was well known. He was a frequent visitor among them and was in fact one of their spiritual advisers. As a licensed minister of the Baptist Church he had conducted religious services in many of their homes. He died on September 12, 1857, at Mount Pleasant.
Joshua Owen, for so he wrote the name, came in 1835 to Michigan Territory from Alabama. The place of his birth has not been determined. He was the first sheriff of Lee County. In 1838, he was elected its assessor, and in 1839, was chosen to represent it in the House of the Second Territorial Legislature of Iowa. He brought with him or acquired considerable means, which he invested in lands. In a deed dated January 9, 1857, the sum of $5,800.00 is given as the considera- tion for the conveyance of his home farm. About this time he removed to Cali- fornia where he spent his later years.
Roger N. Crissup traced descent directly from the famous Michael Cresap accused of the treacherous massacre of the family of Logan the great Mingo chief. He was educated as a physician at Louisville, Kentucky. In 1833, he located at Bonaparte and engaged in the practice of medicine. His profession necessarily made him and the horse on which he made his calls familiar figures in all the country about. He lived to a ripe old age.
These were the commissioners. Pursuant to enactment they met in the town of Lockridge on Monday, March 4, 1839, "to proceed to the duties required of them."
The details of their proceedings are missing and must be filled in by conjecture. The main features present no particular difficulty. Some justice of the peace, perhaps Rhodham Bonnifield, administered the necessary oath of qualification.
181
-
Digitized by Google
182
HISTORY OF JEFFERSON COUNTY
Their first inquiry would be for the centre of the county and for the available sites for a town in its neighborhood. In a matter of so much local importance there would be a lively interest. Especially among the settlers about Lockridge would it be a theme of general discussion. It is reasonably certain a number of them were present prepared to furnish information, make suggestions and offer advice. It is quite probable that among them were the candidates for the offices to be filled at the April election and on account of their official positions W. G. Coop, John A. Pitzer, Henry B. Notson and Frederick F. Lyon.
It has been charged that Coop's activity in the establishment of the county was to profit by the location of the seat of justice at the town he had helped to lay out. This seems to be a gratuitous insinuation, for no evidence to support it is offered. The facts point in the opposite direction. It is not uncommon in any age to accuse public officers of acting for selfish purposes when they really have at heart only the general good. The conditions of the law-and these were in the original draft of the bill, not insertions-made the selection of Lockridge an impossibility. The commissioners were sworn faithfully and impartially to examine the situation of the county, taking into consideration its future as well as its present population, to pay strict regard to its geographical center and to locate the seat of justice as near it as an eligible sight could be obtained. There is no occasion to question the purity of Coop's motives.
The interior of the county, where this location was required to be made, was unsurveyed. Its geographical center was north of west about seven miles distant from Lockridge as the crow flies. The northwest corner of township number seventy-one north range nine west-Cedar-which had been fixed in 1837 by Surveyor Hervey Parke, was the point from which it could most easily and conveniently be determined as from that it was due north just three miles.
It would be interesting to trace, if that were possible, the route of the com- missioners as they made their examination. That they travelled on horseback may be confidently asserted, for in those days that was the common manner of travelling. Who went with them as guide and as spectators? Was there snow on the ground? Did inclement weather delay them? Curiosity on these points now bears no fruit. Their choice finally was a bit of rolling prairie bordered on the north and east by a small creek and fringed with timber, situated one and one- half miles south and one-half mile west of the exact center of the county. Lines were run showing the site selected to be on the southwest quarter of section twenty-five in township seventy-two north range ten west. They marked the place it may be assumed, in the manner employed by the commissioners of the County of Linn, who state in their report it was "by driving a stake to be con- sidered the center of said location." The surveyor is not known. Joseph Parker and George W. Troy carried the chain "one day" and received $1.50 each for their service.
The night following the decision, according to an old settler's tale, the com- missioners put up at Rhodham Bonnifield's eight miles to the east. The house now stands in Old Settlers' Park. It yet remained for them to select an appro- priate name for the new town. This duty became the subject of discussion. They may not have known that "Paynesville" had been inserted in the original bill and later struck out by amendment and "Randolph" substituted. These names were to honor Jesse D. Payne and John H. Randolph, both prominent in Henry County.
Digitized by Google
Digitized by Google
al
To the howable Council any house of representating of the Territory of Fowa. We the undersigned citizens of Jefferson County This your honorable body to do allen the bounty like dividing The boughting of Homy and Jefferson as to make show rufen the line between said Counting offar as cunning through Township seventy two (12) and define the (10) and no farthing as we your petitiones sider That Such alteration would the much to the atlanta und satisfaction of Those your petitioneny arick to the people of Said Gamling in general ,
.
Silas Deeds 119 Israels John Kirkpatrick
Riley Jones Nathan Townsend Ulano Bore George I Knewn
David Williams A ~ 10 Casada
apr Mason 1. Friend
John Buls
Peter Besvar Urças Lanton
Дазией И. Ваганов Thomas HeBarry
HImale Leroy Spence Gorg Jaul
Daniel J Gravis
James Earl .
Israel Bizler
Nathaniel Ogden Elias Barger
PETITION OF 1845 FOR ALTERATION OF EASTERN BOUNDARY OF JEFFERSON COUNTY
Digitized by Google
Авганиа УдаНЫ
John Barger Hamas Fra ke
Почат Валдей
6. k. Tove ГоберК Плазия
Гол. Р Депалева
Hirm Chandler
Ммот дипаль Burthy Trans
Клегу Ерея Robert Long
СО пляот сечения
Beiram chernick
dorph of fagetword Mail Chandler.
Alfred Filygerald
Chas. I. all day
Jonathan watson Ут Ровс
Henry Maliner
Дандс.1. Потрясти
Morgan Siellaur
John Schyler Marton Nichols
If B Hanvis
John 3 Montherson
John Mane
92 kg,
«ЯМ. вочитву
PETITION OF 1845 FOR ALTERATION OF EASTERN BOUNDARY OF JEFFERSON COUNTY
Digitized by Google
Говый Ноктий Jamull Wilen завтра в„Наутиск“
Soh R. Слутой Joseph& allin Nis Bons
Digitized by Google
183
HISTORY OF JEFFERSON COUNTY
Perhaps they mean that these men were influential in the election of Coop and in the establishment of the county. It is fortunate that an incidental result of the veto of that bill by Governor Lucas was the nullification of this action as it was not renewed in the subsequent act. As the story runs it was Mrs. Bonni- field, who, appealed to in the conversation, suggested "Fairfield," a suggestion' which met with instant approval and adoption.
It is to be presumed that in compliance with their oath the commissioners committed a report of their action to writing, signed and duly filed it as directed with the clerk of the district court of Henry County. If so, that official appears to have been derelict, for his duty was to record it and deliver it over to the clerk of the County of Jefferson, whenever he should be appointed, whose duty in turn was also to record it and forever keep it on file in his office. Diligent search has failed to bring to light the record in either place. The report which so much precaution was taken to preserve seems to be irretrievably lost.
The commissioners were to receive as compensation "the sum of $3.00 per day to be paid out of the first moneys to come into the treasury of the county." On June 27th, it was ordered by the board of county commissioners then in ses- sion that Roger N. Cressup and Joshua Owen each be paid $21.00, and Samuel Hutton $24.00 "for locating the county seat of Jefferson County," from which it may properly be inferred that Cressup and Owen were engaged seven days and that Hutton was engaged eight days in this employment.
Digitized by Google
Digitized by Google
1
Digitized by Google
JOHN J. SMITH Chairman of board of commissioners that organized Jefferson county
Digitized by
CHAPTER XXV
ORGANIZING THE COUNTY
The organization of Jefferson County did not wholly wait upon legislative action. That it was to be favorable was anticipated. To understand this it should be borne in mind that under the organic law the governor appointed judicial officers, justices of the peace, sheriffs and militia officers; that the courts appointed their clerks; and that county and township officers, as commissioners, assessors, treasurers, recorders, surveyors and constables "equal to the number of magistrates" were elected.
On January 18, 1839, three days before he approved the bill establishing the county, Governor Lucas nominated "by and with the advice and consent of the legislative council," to be justices of the peace in Jefferson County, Daniel Sears, Jesse C. Walker, Rodham Bonnifield, Jonathan Turner, Elijah Chastian, Josiah Lee, Joseph Parker, Amos Summers, Reuben Root, Enos Ellmaker, John Ankrom. John W. Sullivan and John Priest ; to be judge of probate, Henry B. Notson ; and to be sheriff, Frederick F. Lyons. On the 19th he nominated the "field officers to the militia." The Second Regiment, First Division, Second Brigade, was to be recruited in the counties of Henry and Jefferson. Samuel Braziltine was named to be colonel, Samuel S. Walker, lieutenant colonel, and Joseph L. Myares, major.
A sidelight is thrown upon the characters of the governor's appointees by a passage in his first message to the Legislature. Addressing the council, he expresses the opinion that "the power of appointing to office is one of the most delicate and responsible character." He then states "distinctly" the principles which shall govern him in exercising this authority. "I shall at all times pay a due respect to recommendations; but cannot conscientiously nominate to office any individual of bad moral character, or that may be addicted to intemperance or gambling, if known to me. These vices are so contaminating in their char- acter, that all public officers in my opinion should be clear of even a suspicion of being addicted to them." No reformer of later times has had a clearer vision of public evils and the way to cure them than had this sturdy old conservative.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.