USA > Iowa > Jefferson County > History of Jefferson County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 20
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The justices of the peace were "as many as the public good and the wants of the people may require." To take acknowledgments to bills of sale and deeds and to celebrate marriages were their chief duties. Their authority was broad and coextensive with the county. The term of service was three years. The sheriff's activities were numerous. He served the processes of the courts, was conservator of the peace, had charge of public buildings, collected taxes and posted notices of elections. His term was two years. The court of probate had "jur-
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isdiction over the estates of testators, or intestates," and sat regularly on the first Monday in every month. The judge's term was three years.
The first judicial district was composed of the counties of Henry, Van Buren, Lee and Des Moines. The County of Jefferson was therefore included in this district as a part of the original County of Henry. The judge assigned was Charles Mason. There were two regular terms of court annually in each county. These terms commenced in Henry County on the first Mondays of April and August, and in Jefferson County on the Thursdays preceding them. The allow- ance of but three days for the sitting of the court would not indicate a litigious community. John A. Pitzer was appointed clerk. This appointment was made in January or early in February. Probably on account of holding this position he was also commissioned on the 2d of March as "postmaster at Jefferson court- house." The first proposal was to fix the temporary seat of justice at the house of Archibald Kerr. It was later changed to the house of Sylvenus Herring- ton. The exact location of this house is now in doubt.
The elective officers were chosen at a special election held on the first Mon- day in April. At least eight days earlier the sheriff as required had caused "written notices to be put up at three of the most public places in each of the old precincts in said County of Jefferson, stating the time, place and officers to be elected." Samuel Moore the deputy performed this work. There were three such precincts. One voting place was at Lockridge, one was at the house of William Vinson in the Locust Grove, and one at John Lee's in the Pleasant Prairie. The Pleasant Prairie was in the northern part of the present township of Walnut. In the absence of more direct information it may be presumed that the judges and clerks were those who had served in the previous election. These judges were appointed by the commissioners of Henry County. The clerks were appointed by the judges. If the presumption is correct, the judges at Lock- ridge were Amos Lemons, Lincefield Grady and Benjamin Mount, the clerks, Jesse C. Walker and Joseph Parker; the judges at the Locust Grove were Reuben Root, Jacob Bennett and William Vinson, the clerks William Starton and Wil- liam H. King; the judges at the Pleasant Prairie were John Lee, William Pick- erel and Hiram Miles. The names of the clerks at the last place are missing from the records. The polls were opened at the hour of 9 o'clock in the morn- ing and closed at 6 o'clock in the afternoon of the same day. Qualified electors were priviliged to vote at any polling place.
The names of the unsuccessful candidates and the number of votes cast in this election have not been preserved. John J. Smith, Daniel Sears and Benjamin F. Chastian were chosen the county commissioners. It is believed Smith had the largest majority, it is known that Chastian had the smallest. The term of a commissioner was regularly three years. In beginnings, however, the can- didate having the highest number of votes served three years, the one having the next highest number two years and the one having the next highest number one year. James Gilmer was chosen assessor ; John W. Sullivan, treasurer ; John A. Pitzer, recorder and William Bonnifield, surveyor. The terms of assessor and treasurer were each one year; of recorder and surveyor, each two years.
The board of county commissioners, then the big wheel in the machinery of local government, was organized on April 8th in the Town of Lockridge by John J. Smith and Daniel Sears. The third member, Benjamin F. Chastian, was
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Tentory of lowas
Of the Term of March 1839 Jefferson County ? The united states of america To The Sheriff of Jefferson County Suceling In the name of the united states of america we com mand you that you Summon Twenty four discret and lawful men of your county to be and appear before the district court held in and for sale county and on the first day of the next terna Thereef to be began and holder at the house of Seglvenus Hering this in said County on the twenty sighth day of march in the year 1539 ty 10 oclock till on the same day to make a Jury for the trial of an action of damage between Hosea Hall flamtiff and Isace Buch defender and have you then there This precept hereof fail mot witness the Honorable Charles manson Jung oh Our First Judicial District and the Demierda Seal of said court affixed 11 the house Sylvenus Heringtons in sand trany this S day of Febrary in the year of Christ 1839 and of the americ the only theret
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COMMISSION OF JONATHAN TURNER AS JUSTICE OF THE PEACE IN JEFFERSON COUNTY
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QUALIFICATION OF JONATHAN TURNER AS JUSTICE OF THE PEACE IN JEFFERSON COUNTY
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absent. John A. Pitzer was made their clerk and was sworn in by Sears who, as a justice of the peace, was qualified to administer oaths.
The commissioners began their labors with promptitude and decision. At once plans were made to survey and plat the Town of Fairfield and to advertise a public sale of lots. A levy of fifty cents per one hundred dollars was laid on all taxable property. Their own compensation which was fixed by law at $3 a day was reduced to $2 a day. As a practical economy the action deserves commendation.
It would be aside from the present purpose and unprofitable to follow in detail the business of the board. Such acts as reflect the conditions of the period will be set out in connection with the matters to which they refer.
As there were few funds to meet bills with and the revenue was uncertain, many orders were cautiously issued payable on future dates. Six months was the time commonly taken. These orders were, however, accepted in payment of local taxes, which gave them an immediate value.
On May Ist, Alexander Kirk and Baker Alender were appointed to serve as constables until the general election.
On May 25th, it was "ordered that the liberty side of a dime be the seal of the board." This was to comply with a statute requiring the use of a "com- mon seal" for authentication.
On June 8th, the county was divided into five election precincts.
The Pleasant Prairie precinct embraced township number seventy-three north range nine west and township number seventy-three north range, eight west. John Millen's house was the voting place. William Pickerel, Josiah Lee and John Millen were named as the judges.
The Brush Creek precinct embraced township number seventy-two north range eight west and township number seventy-two north range nine west. David Kelt- ner's house was the voting place. Samuel Berry, John Parsons and Joseph Hick- enbottom were names as the judges.
The Round Prairie precinct embraced township number seventy-one north range eight west and township number seventy-one north, range nine west. James Lanman's house was the voting place. James Gilmer, James Lanman and Sam- uel S. Walker were named as the judges.
The Cedar Creek precinct embraced township number seventy-one north range ten west and township number seventy-one north range, eleven west. Fred- erick Fisher's house was the voting place. Joseph S. Robb, Greenup Smith and Frederick Fisher were named as the judges.
The Locust Grove precinct embraced township number seventy-two north range ten west and township number seventy-two north range eleven west. Wil- liam Vinson's house was the voting place. William Vinson, Reuben Root and John D. Glenn were named as the judges.
Before the election two changes of judges occurred in the Cedar Creek pre- cinct. The entry runs that Greenup Smith was substituted for Winsell. This is an obvious error by the clerk. The names should be in reverse order. David Peebler was assigned to the place of Joseph S. Robb, deceased.
On Monday, August 5th, was held the first regular election of the county. There were nine candidates seeking the position of representative. William G. Coop, who was successful, received 313 votes; H. B. Notson, 195 votes; and J. L. Myers, 136 votes. Votes were also cast for J. S. Rook, W. H. Wallace, Simeon
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Smead, A. B. Porter, J. B. Lash and Joseph Jeffers. Some of these were resi- dents of Henry County with which Jefferson was then districted.
William Hueston received a certificate of election as county commissioner. On August 19th, he took part with Smith and Sears in the reorganization of the board. Chastian contested his right to the office and served at the next session of the board. The case was submitted to a court of three justices of which each con- testant selected one member and these two in turn chose the third member. Chas- tian's contention seems to have been that he was entitled to serve one complete year. Hueston was seated. He then brought suit against Chastian to recover his expenses in the contest. He secured an award by a jury in a justice's court but lost it on an appeal taken to the district court.
There seems to have been a general political disturbance at this time. John W. Sullivan resigned as treasurer. On September 11th, Willis C. Stone was appointed to the vacancy. John A. Pitzer was removed as clerk of the board of county commissioners. He was succeeded on November 15th by Samuel Shuffleton. An agreement with Cyrus Olney to act as the board's attorney was revoked. A special election was called to be held in December to choose a com- missioner in place of William Hueston. The mere statements of these actions appear in the board's minutes without the reasons therefor or any explanations.
On November 28th, the Town of Fairfield was constituted an election pre- cinct. John T. Moberly, L. W. Sanders and William Olney were named as the judges. In listing the judges named for the established precincts, the Cedar Creek precinct is called the Lick Creek precinct.
When the county commissioners met on Monday, January 6, 1840, to organize their board, they were recorded as Daniel Sears, Henry B. Notson and Robert Brown. For some unknown cause, John J. Smith as well as William Hueston had dropped out.
On March 31st, the Blue Point election precinct was established. Its terri- tory was not then fixed, but at a later date was declared to embrace township number seventy-three, north range ten west and township number seventy-three north range, eleven west. John Ruggles, William H. Brown and Valentine Nel- son were named as the judges.
On June Ist, the Fairfield precinct was enlarged. Its bounds were described as commencing where the Fairfield branch empties into Cedar Creek, running thence in a direct line to Joel Bradshaw's, thence north to the Indian trace leading from Wapello to Keokuk, thence west to McCleary's branch and following its most western branch until it empties into Cedar Creek, and thence on Cedar Creek to the place of beginning.
On July 8th, the voting place in the Round Prairie precinct was located in the Town of Glasgow. The clerk was instructed to give notice that "a vote of the people will be taken at the next general election to test whether or not the county shall organize into townships." This proposition obtained the popular approval.
The county commissioners on Tuesday, January 5, 1841, were Daniel Sears, Robert Brown and Ezekiel J. Gilham. On that day, under the statutory restric- tions, they divided the county into civil townships. They were required to make them of such shape and size as suited the convenience and interests of their
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JONATHAN TURNER
Commissioned January 18, 1839, by Governor Lucas as a justice of the peace in Jefferson county
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citizens, to confer upon each the name preferred by its inhabitants, and to appoint in each the place where the first meeting of its electors should be held.
Township number seventy-one north range eight west was made and called the Round Prairie Township. The meeting place of the electors was fixed at the Town of Glasgow.
Township number seventy-two north range eight west and the east half of township number seventy-two range nine west was made and called the Lock- ridge Township. The meeting place of the electors was fixed at the house of David Keltner.
Township number seventy-three north range eight west was made and called the Walnut Township. The meeting place of the electors was fixed at the house of John Pheasant.
Township number seventy-one north range nine west was made and called Cedar Township. The meeting place of the electors was fixed at the house of Joseph Parker.
Township number seventy-three north, range nine west, was made and called Penn Township. The meeting place of the electors was fixed at the house of Joseph Dillon.
Township number seventy-one north range ten west was made and called Liberty Township. The meeting place of the electors was fixed at the house of Seaton L. Harness.
The west half of township number seventy-two north range nine west and the east two-thirds of township number seventy-two north range ten west was made and called Fairfield Township. The meeting place of the electors was fixed at the courthouse.
Township number seventy-two north range eleven west and the west one-third of township number seventy-two north range ten west was made and called the Locust Grove Township. The meeting place of the electors was fixed at the house of William Vincent.
Township number seventy-three north range ten west and township number seventy-three north range eleven west was made and called the Blackhawk Town- ship. The meeting place of the electors was fixed at the house of S. Jesse Ruggles.
Township number seventy-one north range eleven west was made and called the Des Moines Township. The meeting place of the electors was fixed at the house of Messrs. Cutting and Gordon.
In each of these several civil townships at the places named a meeting was held on the first Monday in April to elect one township clerk, three trustees, two overseers of the poor, three fence viewers, a sufficient number of super- visors of highways, two constables, one township treasurer and three school inspectors. In some instances trustees and supervisors at least were not chosen, for on July 6th the county commissioners appointed Samuel Frasier and David McKee to act as supervisors in Walnut Township and instructed their clerk to issue warrants to those persons receiving the highest number of votes for these offices in any township where the voters failed to elect.
Local matters affecting the community more or less as a whole were the concern of these officials. Trustees, upon petition, established private roads or cartways, laid such taxes as were authorized by the electors and exercised a
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general oversight. Clerks recorded the transactions of township meetings, private roads and ear-marks and brands of all cattle, sheep and hogs, and such other marks as any person might wish to have recorded in the township. The last was valuable in proving ownership of these domestic animals since, as they were permitted to run on the open lands, they mingled with others and at times strayed far from the vicinity of home. No two persons in a township were permitted to lay legal claim to the same mark. Fence viewers examined fences and assessed damages in cases of trespassing animals. School inspectors fixed the number of districts, apportioned among them the school and library money appropriated, examined candidates for teaching primary schools in regard to moral character, learning and ability to teach, to those possessing the requisite qualifications issued certificates for one year, and at least twice a year visited each school giving such advice to both teacher and scholars as they deemed proper. After a district was formed, its voters on the first Monday in October elected a moderator, a director and an assessor, designated a site for the schoolhouse, selected the place where the library should be kept, named the librarian, and imposed taxes to care for the various expenses incurred. The duties of these officers require no special mention.
Such was the organization of the county. The essential features of the machinery still remain although some experiments have been tried and some adjustments have been made to meet the needs of changed conditions.
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The Polls of an election held in the County of
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Daniel Siding and He B. Notrongacting Justices of the
lelillian G. Coop received Three hundred Thirteen voley for Repro- sentation H. A. Artsow received one hundred 4 minuty five votes for Retreated I. H. Wallace received fifty seven votes for Representative
A.B. Porter received thisty four votes for Representative I. S. Rock received Seventy Six votes for representation Simeon Smead Received forty Seven votes for Representative I. B. Lach received fourteen votes for representative Josepho Jeffers receives Six votes for Representative Given under our hands at Fairfield This the 8 th day of august AND. 1839
16. B. Arteon Daniel Seang 40 John APilger You Устяху в Ста 16 ему выший 5 Р
County Commissioners of David County do hereby Certify That the foregoing is a hire Copy of the abitred of
august 1835 in Jefferson County filed in my ffic by the Clash of the Brand of County commissioning
fluid Boon at Mount Pleasant in David County The 14th day of September 1839 В. Клерамок
RETURN OF THE VOTE ON REPRESENTATIVE AT THE FIRST GEN- ERAL ELECTION HELD IN JEFFERSON COUNTY AUGUST 5, 1839
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SITE OF FIRST STATE FAIR 1854
A Second Court House B. Father Bell's Presbyterian Church C. First School House. D. Thomas Dickie's house 10512 First Hotel 1539 E. ES Gage's barn, site of First County Fair 1852. F National Hotel G. W. Hueston's log house 10112 used as a store in 1839. H. Waugh's Restoration House 1840. later Eagle Hotel I. Court House. 1839 J. Congregational Church 1843. K. John Shartel' Foundry 1055. L. Clay Hotel. M First Methodist Episcopal Church 1850 N First Jail used from 18+1 to 1050
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TOWN OF FAIRFIELD
Located on S.W quarter of Section No 25. Township No 72. North Range 10 West Jefferson County. lowa Territory. Four center street. passing through square each 82% feet wider others 66 feet wide. Alleys 161/2 feet wide and parallel with street. Blocks numbered as shown. Lots numbered as indicated in Blocke 1 and 12.
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CHAPTER XXVI
MAKING A COUNTY SEAT
The first and pressing duty confronting the county commissioners was to make the Town of Fairfield an actuality. As they were legally compelled to have it surveyed by the county surveyor, or if there were none then by the surveyor of an adjacent county, they employed James M. Snyder of Henry County and directed him to attend on Wednesday, April 17, 1839, to do this work. His official certificate attached to the original plat gives April 19th as the date of the survey. The various fees allowed him amounted to $68. Chain- men and markers paid for services rendered in this connection were James Cole- man, David Bowman, Sylvester Herrington, John Payton and Daniel Sears.
As laid out the town was square, the sides fronting the cardinal points of the compass. It was divided into twenty-five regular blocks by six streets running east and west and six running north and south. The central block was called "The Public Square." The four streets enclosing it were each eighty-two and one- half feet wide. These were named for presidents: the one on the east, Wash- ington ; the one on the west, Jefferson; the one on the north, Madison; the one on the south, Monroe. Other streets were sixty-six feet wide. Of these the interior ones were given no names at the time, but subsequently the one on the east was named Williams; the one on the west, Jackson; the one on the north, Walnut; and the one on the south, Church. The northern boundary street was named Sears; the eastern, Smith; the southern, Chastian; and the western, Hues- ton. Each block was divided into quarters by two alleys each sixteen and one- half feet wide intersecting at right angles. There were eight lots to a block, each having a frontage of sixty-six feet and a depth of 132 feet.
On May Ist, the county commissioners gave and granted "for the purpose of Publick Highways, block No. 13, which is known as the Publick Square, together with the streets and alleys." This conveyance was noted on the plat and acknowl- edged on the same date by Smith and Sears before Joseph Parker, J. P. On June 8th, it was also acknowledged by Chastian before H. B. Notson, J. P.
About this time a contract was entered into with William Olney for the erec- tion of a courthouse on lot No. 8 in block No. 14, where the Fairfield National Bank is now located. The contractor, as is even yet not an unusual happening, met with delay in his work and was allowed an extension of time in which to finish the building. It was accepted in December. A garnishment on account of wages due Gilbert M. Fox and Augustus Jackson postponed the final settlement. The structure cost $725.50, which included extras and painting. It is standing, still an example of good material and careful workmanship, on the southwest
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corner of the same block in which it was erected. It is in use as a blacksmith shop.
There was little delay in offering the lots to the public. The first sale was set for May 15th and was advertised at Fort Madison, West Point, Salem, Mount Pleasant, Keosauqua, Pickerell's Mill, Farmington, Lockridge, William Vin- son's, John Millen's, Heddleson's Mill, John Morgan's, Enos Ellmaker's Shop and Moffat's Mill, and by four insertions in the Burlington Gazette. Advertising consisted chiefly in posting notices in places frequented by the people of a com- munity. Pickerell's Mill was in the northeastern part of the county on Skunk River; Heddleson's Mill was on Big Cedar Creek in Van Buren County; and Moffat's Mill was on Skunk River in Des Moines County. The terms provided that one-third of the purchase money be paid in six months, the balance in twelve months. Bond and approved security were required. If the purchaser failed to meet the payments, the property was to be held for the obligation.
Hawkins Taylor has given some account of the event: "The whole county attended the lot sales, and a good many outsiders were there, especially from the agency, then a military post. Among others, there was one of the characters of that day; I do not now recollect his name, but he gambled, run horses and was ready for anything. He had a sweatcloth and chuckaluck box, and whenever he could get a crowd he started his game."
It is likely the gambling, drinking, rough sports, racing and excitements the occasion promised were as potent an attraction in drawing the crowd as the opportunity to obtain valuable lots at speculative prices. With all this the real business of the gathering was not neglected. Alexander Kirk was crier. For his day's labor he afterward received $2.00. The bidding was spirited. Hawkins Taylor bid in ten lots. A readiness to buy was perhaps encouraged by the fact that notes of hand are easily made. Unfortunately there were buyers who were unable, when the day of payment arrived, to redeem their pledges.
As the county commissioners had not acquired actual title to the land they could only give bonds for deeds. These were not recorded as it was convenient to transfer them by endorsement from person to person until deeds were finally executed, conveying titles to the last holders. A number of the purchases at this sale are learned from a few bonds that by some happy chance have been preserved. In block No. 2, lot No. I was obtained for $23.00 by Jonathan S. Rook, and lot No. 5 for $40.00 by Charles L. Cox. Cox's lot is part of the site of the Methodist Church. In block No. 3, lot No. 2 was obtained for $25.00 by Enoch Gilbert, lot No. 4 for $31.75 by Archer Green, lot No. 6 for $38.00 by Jonathan Turner, and lot No. 8 for $37.50 by John T. Shelton. This entire block makes up the present courthouse grounds. In block No. 8, lot No. 3 was obtained for $49.50 by Charles F. Emery. In block No. 11, lot No. 3 was obtained for $21.25 by Moses McCleary. In block No. 12, lot No. 2 was obtained for $169.75 by Benjamin Hutton, and lot No. 6 for $151.00 by Enoch Gilbert. These lots front on the east side of the public square. In block No. 14, lot No. 5 was obtained for $100.00 by William Hueston, and lot No. 6 for $26.00 by George ' B. Phillips. The former fronts the west side of the public square; the latter is occupied by the buildings of the municipality, to which it now belongs. In block No. 17, lot No. 4 was obtained for $44.25 by Cyrus Olney, who became a distinguished lawyer. In block No. 18, lot No. I was obtained for $142.50 by
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