USA > Iowa > Linn County > History of Linn County Iowa : from its earliest settlement to the present time, Volume I > Part 6
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While Linn county was sheeted with glacier ice, no life of any sort was possi- ble within its limits. But during the long interglacial epochs which intervened between the iee invasions, forests grew and animals now extinet roamed over our hills and plains. Among these early inhabitants may be mentioned extinet horses and the giant proboscidians, the mammoth, and the mastodon. These returned to the area after the final retreat of the iee and their remains are found in the peat bogs and river gravels. In the earliest of the interglacial epochs it is quite prob- able that some of the gigantic groundsloths of South America made their home here, since they are known to have done so in the western counties of the state. No traces of man have been found in the glacial deposits of Iowa, nor have any indubitable evidenees of his presence in glacial times been found in North America. Sometime, we know not when, roving tribes of Indians set foot within our area. and geology gives place to archeology. And when the white man appeared. in- dnetive history ends and there begins the history of tradition and written records.
CHAPTER VI
Beginnings in Linn County
The Black Hawk war, though confined to the state of Illinois, made an epoch in the history of Iowa. It was the last of the many Indian wars, and was con- eluded by a cession of mueh of the valuable lands of Iowa to the government. Reports of the war had stirred up more or less enthusiasm as to the future of the west, and settlers began to come soon after the war had ended. Many of the officers, and others who had taken part in the war, became the government agents and officials in various capacities in Illinois, Wisconsin, and Iowa. The govern- ment also, through its representatives in congress, planned great things for the west in opening canals and roads, while rivers were made navigable and steam- ship traffie opened up.
One must not be led to believe that Iowa was the only part of the west which grew so rapidly. The growth was general, it is true, but Iowa seems to have grown more rapidly than any other of the territories between 1836 and 1846.
Illinois was admitted as a state in 1818; Missouri three years later; next eame Iowa in 1846, while Wisconsin, which had been explored in 1639, was not admitted to statehood till 1848; and Minnesota, settled as early as 1680, and having a fort built in 1820, was not admitted to statehood till 1858. Thus, it would appear, that Iowa remained a territory for a shorter period of time than any other of the western states located in the Mississippi valley, but, of course, there is reason for this. It was a prairie state, in the first instance, and on the east was bounded by a great waterway and by a state teeming with an aggressive population, many of whose people soon crossed the borderland even before the government had made proper surveys and thrown the land open to settlement.
Henry Dodge was appointed governor of the new Territory of Wisconsin in 1836, Iowa at that time being a part of Wisconsin. With the exception of a few settlements of white people along Lake Michigan and in the mining region around Dubuque there were few, if any, white settlers. Governor Dodge's work was largely with the Indians, in making contracts and ceding lands to the govern- ment. Settlers were coming in constantly and a demand for a survey of the lands was made from time to time. Survey of the public lands in Iowa was begun in the fall of 1836. Great preparations for the land sales were made. These were to take place in Dubuque and Burlington in November, 1838. The settlers who had arrived on these lands for some time prior to its survey arranged among themselves to select an arbitration association, each township making a register of all claims, and choosing one representative to attend the land sales, giving him authority to bid off the lands selected by each claimant.
A. C. Dodge was appointed the first registrar of the land office at Burlington, and George W. Jones the first surveyor-general of Iowa. One of the surveyors- general in the early '40s was no other than Judge James Wilson, of Keene, New Hampshire, a son of a Revolutionary soldier, and himself a lawyer of more than ordinary ability, a judge, and at one time a member of congress. He was ap- pointed by General Harrison, an old friend.
At the first convention which met at Burlington in November, 1837, for the purpose of organizing a separate territory of Iowa, were the following delegates from Dubuque county, which, at that time, ineluded a part of what later became Linn county : P. H. Engle, J. I. Fales, G. W. Harris, W. A. Warren, W. B.
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HISTORY OF LINN COUNTY
Watts, A. F. Russell. W. H. Patton. J. W. Parker. J. D. Bell and J. H. Rose. The convention in its petition to congress asserted that there were 25,000 people in that portion of Wisconsin Territory known as "The Iowa Distriet;" that houses had been erected; that farms were cultivated, and still people could not obtain title to their lands, and asking that the part west of the river be set aside as a separate territory. This was one of the most important conventions held on what became Iowa soil, and congress at once took action to make such provis- ions as were thought wise and expedient.
Linn county was established by an act of the legislature of the Territory of Wisconsin approved on December 21, 1837. The county was regular in shape. but four townships larger than its neighbors on the north and east, which were created at the same time. The boundaries received at this time have not been altered. The spelling of the name was Lynn, although it was spelled in the body of the act itself Linu ; it took its name from Dr. Louis F. Linn, United States senator from Missouri, who was appointed to that office in 1833 and who was a friend and admirer of President Jackson, and much interested in the develop- ment of the west.
The eastern part of Linn county. perhaps one-third. had been part of the original county of Dubuque since 1834, the boundary line running from the southeast corner of the county in a northwesterly line a little to the west of the middle in the northern part of the county. Linn county then embraces within its limits two Indian land cessions The eastern part was acquired from the Sac and Fox Indians by the treaty of September 21. 1832, known as the Black Hawk Purchase : the western part, or the other two-thirds, was acquired by treaty of October 21. 1837. The fourteen counties created by an aet sub-dividing Dubuque county into new counties, which was approved October 21. 1837. were as follows: Dubuque. Clayton, Jackson, Benton, Linn, Jones. Clinton. Johnson. Seott. Delaware, Buchanan. Cedar, Fayette, and Keokuk. While most of these eonnties were established outright the wording of the act relating to Dubuque county implies that it was looked upon as the former county reduced in size. which was not correct. as this land from which these counties were laid ont also ineluded much of the Sac and Fox cession made after Dubuque county had been formed and laid out. and which county had not been ceded to the United States government.
These boundary lines were redneed in size later; however the boundaries of Dubuque, Delaware. Jackson, Jones. Linn. Clinton, Cedar, and Seott have re- mained as they were laid out at the time. The Territory of Iowa was created by an act of congress approved June 12. 1838.
Among the bills passed by the first legislature, which met during the winter of 1838 and 1839, was the following: "An Act to Organize the County of Linn. and establish the Seat of Justice thereof.
"Section 1. Be it enacted by the Council and House of Representatives of the Territory of lowa, that the county of Linn he and the same is hereby organized from and after the 10th of Jime next. and the inhabitants of said county be entitled to all the rights and privileges to which, by law. the inhabitants of other organized counties of this Territory are entitled, and the said county shall be a part of the Third Judicial District, and the District Court shall be held at the seat of justice of said county, or such other place as may be provided until the seat of justice is established.
"Section 2. That Richard Knott, Lyman Dillon and Benjamin Nye be and they are hereby appointed Commissioners to locate the seat of justice in said county, and shall meet at the house of William Abbe, on the first Monday of March next, in said county, and shall proceed forthwith to examine and loeate a suitable place for the seat of justice of said county. having particular refer- ence to the convenience of the county and healthfulness of the location.
DOUBLE LOG CABIN Built by Wm. Abbe, Linn County's First Settler
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BEGINNINGS IN LINN COUNTY
"Section 3. The Commissioners, or a majority of them, shall, within ten days after their meeting at the aforesaid plaee, make out and certify to the Governor of this Territory, under their hands and seals, a certificate containing a particular deseription of the situation of the location seleeted for the aforesaid eounty seat; and on the receipt of such certificate, the Governor shall issue his proclamation affirming and declaring the said location to be the seat of justice of said county of Linn.
"Seetion 4. The Commissioners aforesaid shall, before they enter upon their duties, severally take and subseribe an oath before some person legally authorized to administer the same, viz: I. , do solemnly swear (or affirm) that I am not, either directly or indirectly, interested in the location of the seat of justiee of Linn County, nor do I own any property in lands, or any claims, within the said eounty of Linn. So help me God. (Signed) A. B., ete.
"Section 5. If, at any time within one year thereafter, it shall be shown that the said Commissioners, or any of them, received any present, gratuity, fee or reward in any form other than that allowed by law, or before the expiration of six months after the Governor's proclamation, declaring the said seat of justice permanent, beeome interested in said town or any lands in its immediate vieinity, the Commissioner or Commissioners shall, upon convietion thereof by indictment in the District Court of the county in which he or they may reside, be guilty of a high misdemeanor, and be forever disqualified to vote at any election or to hold any office of trust or profit within this Territory.
"Seetion 6. The Commissioners aforesaid shall receive, upon making out their certificate of the location of the seat of justice of said county, each two dollars per day, and also three dollars for every twenty miles going and returning from their respective homes. Approved Jannary 15, 1839."
Two of the Commissioners named in the act, Richard Knott and Benjamin Nye, accepted the trust, meeting at the house of William Abbe, two and one-half miles west of what is now Mount Vernon.
The Commissioners located the county seat in the middle of the county and named it "Marion." in honor of one of the Revolutionary generals. The Com- missioners reported to the governor of the territory the completion of their work, and Governor Robert Lucas proclaimed the county of Linn duly established.
For election purposes Linn eounty was attached to Cedar, Johnson, and Jones, the first polling preeinet being located at Westport, which had been laid out by Israel Mitehell with the expectation that this would be the county seat, Mr. Mitchell believing that the county seat should be located on the river, and that that location would be near enough the center for all praetieal purposes.
In October, 1838, the entire eounty composed one preeinct, and thirty-two ballots were east for eandidates for the legislature. Charles Whittlesey was chosen for the senate and Robert G. Roberts for the house. The first eounty elee- tion was held in August, 1839, when three commissioners were selected at West- port - L. M. Strong, Peter MeRoberts, and Samuel C. Stewart. This body had the same powers as was later conferred upon the county supervisors. This commission first sat as a body officially September 9, 1839, in the log house of James W. Willis. Hosea W. Gray was sheriff and aeted as clerk of the court until a clerk was duly appointed.
The minutes state :
"The Board proceeded to the appointment of a Clerk. Thereupon it was ordered that John C. Berry be and is hereby appointed to the office of Clerk of the Board of Linn County Commissioners.
"Ordered, That the county seat of Linn County be and is hereby ealled and shall hereafter be known and designated by the name of Marion."
At this session W. II. Smith and Andrew J. MeKean were appointed eon- stables for the county. Jonas Martin was appointed road supervisor, his distriet
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HISTORY OF LINN COUNTY
embracing all the land east of Marion and west of Big ereek and east on the Marion and Davenport roads crossing Big creek. "It was also authorized that as Linn County had no safe place for the keeping of criminals that Sheriff Gray contraet with the Sheriff of Muscatine County for the keeping of one Samnel Clews, and that the Sheriff borrow funds to pay for the support and keeping of said Clews while in confinement."
It seems that the board met monthly and the county was divided into three voting precinets as follows: One at William Abbe's, known as Sugar Grove Precinet, with the following judges: William Abbe, John Cole, and John Me- Afferty ; one at Marion, with James W. Bassett, Henry Thompson, and Rufus H. Lucore, judges; one at Michael Greene's, with Michael Greene, James Cummings, and Bartimeas MeGonigle, judges.
At this time Ross MeCloud was appointed county surveyor and was ordered to make the survey of the county seat and report, which he did, and also to lay out additions, which was done. A county jail was also ordered erected in Jan- uary, 1840 and the contract for the building of the same was let to William Abbe and Asher Edgerton for the sum of $635.00; the first money raised by sale of lots in Marion was applied on the contract for the erection of the jail.
THE FIRST SURVEY
The first survey was made in 1838, being all of Jones county and townships 84, 85, and 86 north, in range 5, west, in Linn county. This was made public in the newspapers and many settlers came in, taking the best lands that had been surveyed and squatting on the other land which they knew would soon be open for settlement. Linn Grove was an ideal place, and here in an early day a large number settled. The sale of lands in the county was advertised to take place in Jannary, 1840. On account of the difficulties of transportation, the settlers petitioned to have the same postponed until the summer of that year, which petition was granted. George Greene, who had been a school teacher near Ivan- hoe and even at that time was a man of no ordinary ability, was asked to see what could be done in changing the place from Dubuque to Marion. Mr. Greene volunteered to go to Washington and lay the matter before congress, or the men in charge of the land department. After some time he succeeded in his mission and won the grateful respeet of his fellow pioneers, saving them a great deal of money. Thus, for a time, Marion was a United States land office, and the people of Linn county who had little money to spend eould elaim their lands without mneh trouble.
THE FIRST COURT HOUSE IN THE COUNTY
The first court house built in the county was a log structure for the use of the pioneers. This structure was erected during the years 1840 and 1841. As there was no money in the county treasury and as the court house was needed, the settlers donated their labor. They ent the logs, hauled them to Marion, and constructed the building, the roof being of shakes and the floor of puncheons. Among those who helped erect this first seat of justice were James and John Hunter, the Stambaugh brothers, James and Elias Doty, and others. The first case, it is said, tried in this court house was one brought against James Doty for jumping a claim on the west side of the river, adjoining the claim of Robert Ellis, the question being whether or not a man greeting a bark building and claiming the land had complied with the law. The jury was impaneled and a trial had which lasted for some time. When the case went to the jury the judge and all vacated so that the jury could use the small room in arriving at a decis- ion. The jury was out the afternoon and all night, and at ten o'clock the next
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BEGINNINGS IN LINN COUNTY
morning they reported that they were unable to agree. During all this time they had had nothing to eat, and the water they had to drink was very poor. Upon this jury sat James Hunter, one of the first settlers of the county, who was the only stubborn one to hold out in favor of Doty. He used to tell later that he felt that he could never look James Doty in the face if he should consent to such a verdict as the other eleven had framed up against him. The case was tried at a subsequent term when the jury decided in favor of Doty, to the effect that while he was later than the claimant in making his claim he was a bona fide settler with the intention of becoming a permanent settler.
The next court house built in Marion was a frame structure still standing just west of the present brick building, and now used as a hotel. The present brick court house was erected by George W. Gray, the brick superstructure being built by Peter D. Harman, of Bertram, father of Warren Harman, of Cedar Rapids. Much of the carpenter work was done by that old pioneer, recently deceased, William Patterson, father of W. D Patterson, of Cedar Rapids
The first jail was erected in January, 1840, the contract for the building being awarded to William Abbe and Asher Edgerton for $635.00. The building was finished by May 1st of the same year. The first moneys raised by sale of lands were applied on this contract.
At the July session, 1849, the county was divided into three districts as follows : the townships of Washington and Fayette composed District No. 1; Franklin and Brown composed District No. 2; and Marion and Putnam District No. 3. At the July session, 1840, the board of commissioners began to diseuss the question of township organizations. A vote of the county was ordered at the next election to determine the voice of the people; the election took place in August of that year and resulted in favor of the proposition.
Lists of townships are as follows: Marion, Franklin, Washington, Fayette, Putnam, and Brown established in 1841; Linn and Rapids, 1843; Otter Creek, 1844; Buffalo and Maine, 1848; Monroe, 1849; Spring Grove, 1853; Clinton, 1854; Jackson, 1855; College, Bertram, Boulder, and Fairfax, 1858; Grant, 1872; and Cedar, 1906.
THE JUDICIARY
The first records of the district court held in Linn county are dated Monday, October 26, 1840, Iowa Territory, Linn eounty. Pursuant to an act of the legis- Jature of the territory, approved July, 1840, the district court of the United States and also for the Territory of Iowa met at Marion in said county on Mon- day, October 26, 1840. Present: The Hon. Jos. D. Williams, judge of the second judicial district for the territory; W. G. Woodward, district attorney of the United States for the district of Iowa; R. P. Lowe, prosecuting attorney for the second judicial district ; H. W. Gray, sheriff of the county of Linn ; S. H. Tryon, clerk of the district court; Lawrence Maloney for the marshal of the territory.
The following grand jurors were among the best known settlers: Aaron Usher, Samuel Ross, James Leverich, D. W. King, Israel Mitchell. W. H. Cham- bers, William Donahoo, Dan Curtis, W. T. Gilberts, G. A. Patterson, Isaae Butler, John Goudy, J. A. Gibson, Joe Barnett, Asher Edgerton, William Cham- bers, O. L. Bolling, Dan J. Doty, and Joseph Warford. As bailiff of the grand jury served Perry Oxley, one of the best known settlers.
The petit jurors were: D. A. Woodbridge, Isaac Carroll, G. W. Gray, B. Mc- Gonegal, John McCloud, Thomas Goudy, J. W. Willis, John Long, J. W. Margrove, Ira Simmons, John Crow, Joe Carroway, Steve Osborn, H. B. Mason, O. R. Gregory, John Nation, Thomas Maxwell, and George Yiesly.
One of the carly cases of record is that of A. Moriarty vs. N. G. Niece. One of the early jury trials was that of H. C. Dill vs. John Barnett; one of the first
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HISTORY OF LINN COUNTY
criminal cases was that of Territory vs. W. K. Farnsworth, indicted for starting a prairie fire ; the jury returned a verdiet of "not guilty."
The probate doeket is a very small volume but is filled with entries of much historical interest concerning the old citizens of the territory. Among a number of entries can be found the following: In the estate of A. Coles, claim filed and allowed November 8, 1842: in the estate of Thomas Gray, claims allowed in 1844; in the estate of J. Barnett. claims allowed in 1843 in favor of Israel Mitehell in the amount of $4.50; in the estate of John Crow, claims allowed 1842, as well as against the estate of Elias Doty, administered upon in 1843 by M. J. Doty and Jos. Crain, administrators. The estate of A. L. Ely takes up a number of pages.
The first default case seems to be listed for the October term. 1840, that of James D. Stockton vs. Stephen Osborn, et al, the claim being assigned by John O. Gray to plaintiff'. The next ease was that of Thomas W. Campbell and Perry Oxley vs. John Barnett, which was a transcript from J. G. Cole, a justice of the peace. R. P. Lowe acted as district attorney, while Isaac Butler was foreman of the grand jury.
The first entry made by a native of a foreign country to become a citizen of the United States was made by Peter Garron, stating that he was then a resident of Linn eounty and that he was formerly a subject of Scotland of the United Kingdom of England and Ireland. and that it was his intention to renounce allegiance to Queen Victoria and become a faithful citizen of the United States.
The first divorce action was brought by Dyer Usher against Mary Usher at the October term, 1842, but it seems that the notice of publication was not served as ordered and no decree was granted.
The first decree of divorce granted was that on the petition of Mrs. Parthena C. Hewitt vs. Abraham Hewitt, rendered at the March term, 1844.
CIRCUIT COURT
Pursuant to an act of the legislature of lowa, approved April 3, 1868, the county of Linn became part of the second circuit of the eighth judicial district. the circuit consisting of Cedar, Linn. and Jones counties, Hon. S. Yates, of Cedar, being elected judge.
The first term was held at Marion January, 1869, when W. G. Thompson ap- peared as prosecuting attorney and A. J. Me Kean as clerk.
The legislature in a few years changed the boundaries of this eirenit, making it composed of Cedar. Linn. Johnson, Jones. Iowa. Tama, and Benton counties. It was known as the eighth district of the circuit and distriet courts. John MeKean was judge of the circuit eonrt and John Shane, of Vinton, judge of the district court.
By an aet of the legislature the circuit court was abolished and Linn county was incorporated into a distriet composed of Linn. Cedar, and Jones counties with three judges.
NOTED AND EXCITING TRIALS
Linn county has had its share of noted trials, and many are the pages which may be gleaned from its musty records to show how treachery, cowardice, and selfishness have here, as in many other places, played their parts. It is not best to uncover many of these pages, as it would perhaps add nothing to the general information or be of any value except as historical relies of a former age.
One of the first murder cases in the county, at least as far as known, was that of Nathan Carnagy who was brutally assaulted by James Reed in Marion in 1847. Reed had been drinking heavily and got into a quarrel with Carnagy about some old trouble. Reed was arrested, tried before a jury, and acquitted.
Another case was that of the killing of Pat O'Connell by Samuel Butler in 1865, the affair growing out of a dispute over some property interests. The
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FIRST PRESBYTERIAN CHURCH, CEDAR RAPIDS, COMPLETED IN 1851
14 -14 H/71
FROM CARROLL'S HISTORY RESIDENCE OF WILLISTON JONES, WHERE COE COLLEGE WAS BORN
7 ت
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BEGINNINGS IN LINN COUNTY
parties met on a publie highway, a quarrel ensued with disastrous results. The jury in this case also returned a verdict of "not guilty."
John Akers was murdered in a saloon in Cedar Rapids in 1864 by one Deck- lots; the jury returned a verdiet of "guilty." This sad affair was due to liquor, both parties being more or less under its influence at the time the quarrel began.
There are a number of murder cases of an apalling nature on record; some- times a conviction and sometimes an acquittal resulted.
On the civil side of the calendar can be found many cases attracting attention, sometimes on account of the charges made, at other times on account of the large amounts of money involved. In this forum magnificent addresses were heard. and no lawyer practicing at the Linn county bar was ever a miser of his eccen- tricities, whatever they might have been. Most of them had the thread of the attorney in their nature and took to oratory like a duck to water, and most of them in these early pioneer days went in to win the jury at all hazards, possessing the power to stir the heart and to make their personality felt.
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