USA > Iowa > Jefferson County > History of Jefferson County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 22
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thence to Fairfield, in Jefferson County. There was a provision, however, that if there were such a road already established from Fort Madison to West Point, then this road should commence at West Point and proceed. J. D. Stark was resident commissioner. Several years later its legal establishment was questioned. To remove the doubt Daniel Sears, who in 1840 was chairman of the Board of County Commissioners, made affidavit on October 19, 1846, that the plat and survey had been duly received. It was then recorded.
One road ran from Burlington, in Des Moines County, to Trenton, thence to Joseph Yorke's, thence to Lee's, and thence west to the Indian boundary line. Yorke operated a ferry over Skunk River, where Merrimac now is. Lee's was in the Pleasant Prairie, a name then applied to the northwestern part of the present Township of Walnut. The terminal point was Mount Starling. The plat of this forgotten town acknowledged on September 29, 1837, before Samuel Nelson, J. P., is recorded at Mount Pleasant. Its proprietors were Wil- liam Searcy and Archibald Knerr. Its location was next the Indian boundary line not far north of its forty-third mile post, and probably near the northeast corner of the present Township of Penn. On June 29, 1839, the commissioners who were from the counties of Henry and Des Moines, completed the survey. This was the first road legally laid out in Jefferson County after its organization.
One road ran from Mount Pleasant to Rome, in Henry County, thence to Lockridge, thence to Smith's Crossing on Big Cedar, in Jefferson County, and thence to Iowa City, in Van Buren County. George W. Fry and John Sullivan were resident commissioners. On account of the refusal or inability of one of these to act, the county commissioners, on November 28, 1839, appointed Samuel Shuffleton to the vacancy.
One road ran from Keosauqua, in Van Buren County, on the nearest and best route to the county seat of Jefferson County. Isaac Blakely, resident commis- sioner, did not serve. The survey was made late in March, 1840, by Uriah Biggs as surveyor under the direction of William B. Goodale and John M. Whitaker, all of Van Buren County.
The second Legislature, in 1840, provided for three roads affecting Jefferson County. One ran from Fairfield to Jefferson, in Henry County, thence to the territorial road running from Mount Pleasant to Wapello, in Louisa County. David Cowan was resident commissioner. One ran from Keosauqua by way of Philadelphia and Rising Sun to the seat of justice of Jefferson County. Samuel Moore was resident commissioner. One, commencing in Washington County, north of English River at the most suitable point of intersection with the national road leading from Iowa City to Mount Pleasant, ran thence on the most suitable route to Washington, the seat of justice of Washington County; thence to Fairfield, the seat of justice of Jefferson County; thence to Portland, in Van Buren County; thence to the southern boundary of the territory in the direction to the Town of Sandhill in Missouri. Andrew Kennedy was resident commissioner, but refused to serve. The county commissioners, on October 5, 1840, appointed Martin Meeker to the place. Whether any part of this road was established is doubtful. It certainly was not laid out in its entirety, for in 1842 the fourth Legislature authorized again the establishment of that part of it running from Fairfield to Portland and to the northern boundary of Missouri in a direction toward Jefferson City. In June of that year it was surveyed.
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Green B. Savery was resident commissioner. One ran from Mount Pleasant to Rome, in Henry County; thence to Fairfield, in Jefferson County, and thence to the Indian Agency. The plat returned shows the Indian boundary, then the county line, about nine miles west of Fairfield. George W. Troy and John W. Sullivan were resident commissioners.
The third Legislature authorized, in 1841, but one road which touched Jeffer- son County. This began where the north line of Washington County crossed the territorial road leading from Iowa City to Mount Pleasant, proceeded thence to Washington, thence to Brighton, thence to Fairfield, thence to Iowa- ville, in Van Buren County, and thence to a suitable point on the southern boundary of the territory. It was located in November. The distance covered within Jefferson County was 24 miles and 126 poles. The cost of surveying this portion was $89.50. Alexander Winsell was resident commis- sioner. The part connecting Brighton and Fairfield did not give sat- isfaction, as it passed to one side of the new Town of Pleasant Plain. It was good ground for complaint, as a town without roads is as useless as a wagon without wheels. The fourth Legislature, in 1842, authorized a review, which was made in June of the same year. This one was run through Pleasant Plain. B. F. Chastian and James F. Chambers were resident commissioners.
The fourth Legislature authorized, in 1842, three roads connected with Jeffer- son County. One ran from Keokuk on the nearest and best route to Ambrosia, in Lee County; thence to Winchester, in Van Buren County, and thence to Fairfield. Ira Tillotson was resident commissioner, but took no part in the survey, which was made in May. One ran from Deed's Mill on Skunk River, by way of Brighton, the house of Beriah Haworth and Western City, and thence on the nearest and best route to the western boundary of the territory. This was laid out in September. Thomas W. Small was resident commissioner. One ran from Fairfield to the southeast corner of Hadley's Farm, thence to Richland, thence to Western City, and thence to the forks of Skunk River in Washington County. This was located in June. Two days, at an expense of $28, were employed on the portion in Jefferson County. Charles Negus served as "marker." Henry Hardin was resident commissioner. He was negligent in mak- ing the return. In consequence a special act was passed by the Legislature in 1843 to enable him legally to report.
The fifth Legislature authorized, in 1843, only one road of interest to Jeffer- son County. It ran from Birmingham by way of the colony to the agency. The colony is now at Libertyville. The name was bestowed because a large number of settlers made their temporary home there while waiting for the opening of the new cession to settlement. The survey was made in December. Although so recently abandoned, the Agency is referred to in the report as the old Agency, so quickly do adjustments follow changes. John J. Mudgett was resi- dent commissioner.
The sixth Legislature authorized, in 1844, several roads which were con- cerned with Jefferson County. Three of them led into the lands but lately acquired from the Indians. One, commencing at Fairfield, ran thence to Bennet's Point, in Keokuk County; thence to the county seat of Mahaska County ; thence to the Indian boundary, in the direction of the Indian Agency at the Racoon fork of the Des Moines River. Samuel Harrow and Abraham Fleenor
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were resident commissioners. On the return of the survey, Stephen Bonnel, E. and A. Humphreys, William Alston, John T. Baldwin and Neffel Leech pre- sented claims for damages, whereupon James G. Crocker, Sylvenus Herring- ton and James A. Galliher were appointed to make proper assessment. The contentions of the claimants were sustained. The county commissioners, holding the awards excessive, refused to pay them, and concerning this road declared "therefore it is not considered a public highway." One commencing at Mark's and Bushe's Mill on Cedar, in Jefferson County, ran thence to Agency City and to Autumwa, so it is spelled, in Wapello County ; thence to Eddyville; thence to Harrisburgh; thence up the Des Moines River to Lake Prairie, opposite the mouth of White Breast, in Mahaska County. John Shields was resident com- missioner. One ran from a point on the old Indian boundary line in Des Moines Township, where the territorial road from Fort Madison terminated, to Agency City ; thence to Dahlonega, in Wapello County, and thence to the county seat of Mahaska County. This survey cost the county $3.75. John Spurlock was resi- dent commissioner.
Two roads little more than crossed the eastern boundary line of the county. One led from Deed's Mill to the old trading house on Crooked Creek in Henry County and thence to Crippen's Mill in Washington County. This survey cost the county $10.75. One passed from Wilson's Mill, in Henry County, by way of Watson's Mill on Big Cedar to Glasgow. Daniel Sears was resident commis- sioner. The survey was rejected because the report was not filed within the stipu- lated time.
The seventh Legislature passed in 1845 no direct enactments pertaining to particular roads which concerned Jefferson County.
The eighth Legislature granted. in 1846. a relocation of the road between Fairfield and Agency City, so that it would run to William P. Holmes'. It authorized, also, three roads touching Jefferson County. One, commencing where the territorial road from Mount Pleasant to Fairfield, crossed the western line of Henry County, passed in the nearest and best route to S. S. Ross'; thence between the farm of Caleb Cooper and Lewis'; thence on the nearest and best practicable route to a point on the middle fork of Walnut Creek, where the road from Fairfield to Richland crossed; thence to a point on Rock Creek, in Keokuk County, where the territorial road from Richland to Oskaloosa crossed. S. S. Ross and Stephen Heard were resident commissioners. One began on the north bank of Big Cedar Creek at Bushe's Mill, ran thence to Enos Ellmaker's, thence to Reuben Ellmaker's, thence to Cutting's and Gordon's storehouse, thence south- east to the section line, thence south on said line to the northeast corner of the lands of George Fisher, thence to Peter Walker's in the County of Van Buren, thence north of the Widow Baker's farm, thence passing on the east of the said Widow Baker's house, and thence to Jesse Sutton's on the Des Moines River in Van Buren County. Enos Ellmaker was resident commissioner. The portion of this road in Jefferson County survived its usefulness and was vacated in January, 1853, by the seventh General Assembly. One ran from Fairfield to the territorial road leading from Keokuk to Manchester. which it was to inter- sect at or near the residence of E. S. McCulloch in Lee County. This and the road to Keosauqua as far as the Jefferson County boundary line are identical, but the plats returned for the different surveys materially differ. The later
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survey without doubt followed the traveled way. The variations show how this, for convenience or directness, had turned from the route first selected because it had been unconfined by fences, and perhaps because the original stakes and posts marking it had been destroyed by prairie fires. It illustrates the constant shifting in lines of travel in the open country. H. B. Notson was resident commissioner.
Most of the territorial roads remain, though seldom as originally located. The establishment of county roads proceeded with even greater expedition. On July 29, 1839, the Board of County Commissioners ordered the first one. It naturally commenced at Fairfield and ran "from thence the nearest and best rout to John J. Smith's ford on Big Cedar, from thence the nearest direct rout to Frederick Fisher's, from thence the most eligible rout to the county line on the direction to Iowa City, or Keokuk's old village on the Des Moines river." The importance of a connection with Iowa City was due to its being the place from which the money of the Indians passed into local circulation. George W. Troy, James L. Scott and John Morgan were named as the viewers. They made the survey and returned their report in August. In September the board divided the road into three sections, bounded three districts, and appointed three supervisors for them. Charles Coleman had charge from Fairfield to the crossing of Cedar; John W. Sullivan, from Cedar Ford at J. J. Smith's to the east bank of Lick Creek, and Adam Winsell, all, west of that. The road crossed Winsell's land in entering Van Buren County. These supervisors were instructed in opening the road to make the points called for by the viewers, but elsewhere they were permitted to deviate, if that were advisable, forty rods from the route laid out.
On September 2d a road was ordered from Fairfield to Troy's Point; from thence the nearest and best route to the southeast corner of the county. Troy's Point refers to the claim of George W. Troy, which was in the north part of the present Township of Cedar. James Lanman, James Kirkpatrick and Cyrus Olney were named as viewers. Some fault was found with their choice of loca- tion. A remonstrance was filed. This was rejected for reasons naively stated to be because the petitioners had not followed law and because a territorial road had been granted which would probably meet their wishes. This road was also divided into three sections. James Westfall was appointed supervisor of the part running through township No. 71 north, range 8 west, Round Prairie ; George W. Troy of the part running through township No. 71 north, range 9 west, Cedar; and Sylvenus Herrington of the part running from the line divid- ing townships No. 71 and No. 72 north to Fairfield.
On September 10th a road was ordered leading from Lockridge to the north- west corner of township No. 73 north, range 8 west, Walnut. This probably ran to Lee's, connecting there with the territorial road. Josiah Lee, Samuel Berry and Rolly Taylor were named as the viewers.
On November 15th an application for a road to.run from the northern bound- ary of Van Buren County to Fairfield was rejected by the board; but one for a road leading from Hall's Mill on Big Cedar, by the way of Isaac Whittaker's, John M. Cameron's and John J. Smith's, to the territorial road was approved. Isaac L. Whittaker, William Precise and John W. Sullivan were named as the viewers. In January, 1840, three supervisors were assigned it. John Priest was given
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charge from Hall's Mill to Carter's Mill; Levi Wiley from Carter's Mill to Isaac L. Whittaker's, and Isaac L. Whittaker from his house to the termination of the road.
On December 21st a road was ordered to run from Foster's Point on the Agency Road to Troxell's Mill and thence to Fairfield. The Agency Road referred to was one from Fort Madison running across the county south of Cedar. It may be suggested here that there was generally, if not always, travel between places before the public asked for a designated way connecting them. Foster's Point, at a venture, was near Libertyville. Troxell's Mill was where the road from Fairfield to Libertyville crosses Cedar. David Pebler, Elijah Smith and William Olney were named as the viewers. In January this road was divided among three supervisors. John Troxell was given the part from Fairfield to the mill; Isaac McCleary from the mill half-way to Foster's Point, and James Wright the remainder.
Few petitions for roads were presented in 1840 to the commissioners. On January 6th they granted a road to commence at York's Ferry and to terminate at Fairfield by the nearest and best route. York's Ferry was later known as Vorie's Ferry. In this instance it was ruled that no person residing on the line proposed should be selected as a viewer. The viewers named were Ira Tillotson, Cyrus Olney and John R. Parsons.
On March 7th a road was granted "from Fairfield to Iowaville via Troxell's Mill until the same intersect the road now laid from Fairfield to Foster's Point." The phraseology of the order is somewhat mystifying. The intention probably was to extend the road leading to Foster's Point to the exisiting road running to Iowaville. Enos Ellmaker, Hugh Smith and Josiah Skelton were named as the viewers. On the same date a road was granted to run from Fairfield by way of William Richardson's to Mill's Bridge and thence to Sampson Smith's. Samuel Pebler, David Bowman and L. W. Saunders were named as the viewers. On the 3Ist a road was granted from Smith's Ford on Big Cedar to the Van Buren County line, in the direction of Portland on the Des Moines River. Enos Ellmaker, William Brown and David Pebler were named as the viewers. Some hitch occurred to prevent action. On October 5th a similar order was issued for a road between the same points. The viewers named at this time were John Troxell, Osee Mathews and Daniel Carter. The survey was made in February. following. On April 13th a road from Fairfield to York's Ferry via David Court- ney's and Archibald Knerr's was granted. Joseph Dillon, Samuel Berry and N. R. Payne were named as the viewers. It was promptly laid out. On June Ist, William Kerr and David Courtney were made its supervisors. On this date also David Bowman and Sylvenus Herrington were made supervisors of Fairfield Precinct. The clerk was instructed to designate their respective districts.
On January 4, 1841, a road was granted to run from a point on the territorial road leading from Mount Pleasant to the Indian Agency at or near Stephen B. Parker's in the Locust Grove Precinct to the crossing of Cedar Creek at Leam- ing's Ford and thence to the territorial road in Lick Creek Precinct at Enos Ellmaker's. William S. Houghton, James Robinson and James Colwell were named as viewers.
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On March 28th, two roads were authorized. One commencing at the Henry County line at a point southeast of the house of Sullifand S. Ross proceeded thence to the house of Daniel Vorhies, thence to Walnut Creek to the cabin formerly occupied by John Vorhies, thence on the ridge dividing Walnut and Burr Oak creeks until it intersected the territorial road leading from Burlington to the boundary line, thence along that to where it entered section sixteen in township number seventy-three north range eight west, Walnut, thence the nearest and best route to the Washington County line in a direction to the Town of Brigh- ton. David Courtney, Andrew Johnston and Thomas A. Wilkes were named as the viewers. This survey cost $28.50. One ran from Fairfield to the Blue Point settlement on the section line to Horace Gaylord's in a direction to the forks of Skunk River in the attached part of Washington County. Blue Point was the northwest corner of the present Township of Blackhawk. Ira Tillot- son, Henry Hardin and Horace Gaylord were named as the viewers and Sam- uel Shuffleton as the surveyor. The cost of the survey was $21.75. On the 29th, two more roads were authorized. One ran from Blue Point to the Agency road leading from Fort Madison to the Indian Agency. John Payton, Andrew Peebler and Jonathan B. Brown were named as the viewers and Robert Brown as surveyor. The cost of this survey was $31.62. One ran from Howard's on the Van Buren and Jefferson County line to Clinkenbeard's Mill on Big Cedar Creek. B. S. Dunn, James Robinson and James Colwell were named as the viewers. This survey cost $16.70.
On May 8th, a road was ordered laid out from Fairfield via Martin Meek- er's to the Washington County line in a direction to Pickerell's Mill. It ter- minated at R. Pringle's. W. Nelson, Amos Lemmons and William Galbraith were named as the viewers. The cost of this survey was $35.25.
On October Ist, William Williams, Samuel S. Peebler and L. W. Sanders as viewers and Samuel Shuffleton as surveyor returned a plat and report of a road meeting the Mount Pleasant and Fairfield road near Joseph Cole's house and running to Samuel Peebler's field. On the 4th a road from Fairfield to Locust Grove was granted. This "Locust Grove" was the location of William Vinson's house, the voting place of the township. John Mathews, V. D. Delash- mutt and David Sears were named as the viewers and Samuel Shuffleton as the surveyor. Permission also was given Stephen Parker to change at his own expense so much of a road passing through his farm as to make it run from the house of D. Meigs to the mill on Big Cedar owned by Juda Leming, pro- vided the route was approved by Peter Hale, Michael Peebler and John J. Smith who were named as the viewers.
The action taken on Parker's request marks the beginning of a new stage in the development of the county's system of roads. It was brought about partly by the improvement of lands and partly by an increased population. A land owner planning to prepare a field for tillage, preferred that the highway cutting across it should follow the line of the survey. A settler whose claim did not touch a line of travel naturally felt one should come to him both to serve his needs and to connect him with the social and commercial worlds. Out of these two situations sprang many demands to alter the course of existing roads. The mode of procedure was slow and cautious. The preliminary requirement was a petition signed by at least twelve householders living in the vicinity.
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Before this could be acted upon by the commissioners notice of the proposed alteration had to be posted for thirty days at the place of holding their court and at three public places in each township where change would occur. Pri- vate advantage was denied surreptitious privileges. It was also necessary to file a good and sufficient bond to secure the payment of all costs in case the ยท route was found unsatisfactory. "Three disinterested householders" and "a skilful surveyor" were then appointed to lay out the road in conformity with the proposals, "taking into consideration the utility, convenience and incon- venience and expense" which would result to individuals as well as to the public. The return of an unfavorable report ended the proceedings. A favor- able report was publicly read in the commissioner's court on two different days of the first regular session following its return. If then there was no legal application for a review or for damages before the second day of the next stated session of this court, the report, survey and plat were to be recorded and the road thenceforth was to be a public highway. In case of a review on account of general objections, "five disinterested qualified voters of the county" were selected to examine the route. Their decision, whether for or against, was final. In case of a claim for damages, "three disinterested householders of the county" were chosen to determine both the public importance of the road and how much less valuable the land of the complainant would be rendered by open- ing it. In the actual contingency the practice of the commissioners was to hold that any damages assessed exceeded the value of the road and consistently to refuse to establish it unless these were paid. In case they were not paid all costs incurred were collected under the bond.
On July 6, 1842, at the expense of William Gilbraith, Benjamin W. Hinshaw and Evan Jones, the commissioners authorized a road to extend west from Pleasant Plain to William Gilbraith's and thence to the county line to meet a road running from Richland in Washington County. Richland was not prop- erly in Washington County, but in unorganized territory attached to it for jurisdictional purposes. John Wyatt, Rawleigh Humphrey and Stephen Heard were named as the viewers.
On October 3d, at the expense of Thomas Standifird, the commissioners granted a road from Fairfield to the crossing of Parker's Branch below its forks, thence to Goodspeed's Mill on Big Cedar Creek, thence south to the county line. James M. Reed, Jefferson Chitwood and Reuben R. Harper were named as viewers and James F. Chambers as surveyor. Permission was also given to straighten a part of the road from Brighton to Fairfield. Commenc- ing at the south end of a lane between Stephen Heard's and David Pierson's, it was to pass thence on a line between Pierson's and Lewis Cox's and thence straight to Fairfield. Pierson "agreed for himself and others to pay all ex- penses of viewing, surveying and putting in good order for travelling on." Wil- liam G. Coop, Abel Russell and Charles Russell were named as viewers and David Switzer as surveyor. On the 28th, two petitions were presented the court. One coming from Alexander Kirk and forty-one citizens asked for the relocation of the road lying between Lockridge and Glasgow so that it would pass by or near John Whitaker's and intersect at Glasgow the road lead- ing from Fairfield to Salem. Hardin Butler, John Stout and John R. Parsons were named as viewers and David Switzer as surveyor. The survey was made
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in November at a cost of $10.50. On January 2, 1843, John Cochran and William G. Coop brought in bills for damages. On March 28th, Linchfield Grady, James M. Reed and Benjamin F. Hutton were appointed to make the assessment. Their finding is unknown. The other petition, signed by seventy- two citizens, was presented by Cyrus Olney. It prayed for the establishment of a road beginning at the northwest corner of section twenty-five in town- ship number seventy-two north range ten west, Fairfield, and running thence west along the sectional lines until it intersect the road from Fairfield to Locust Grove. Without more formality this as described was declared a public high- way. The vacation of the latter road from Fairfield to the intersection was also asked for. This part was again "read aloud in open court and continued until the next regular session." The irregular action later proved troublesome. On November IIth, there appeared a remonstrance signed by eighty-seven citizens. As "a great majority" were in favor of the old road, the commissioners "disannulled" their order. It was just as difficult then as now to please all the people all the time.
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