History of Louisa County, Iowa, from its earliest settlement to 1912, Volume I, Part 10

Author: Springer, Arthur
Publication date: 1911-1912
Publisher: Chicago, S.J. Clarke Pub. Co.
Number of Pages: 552


USA > Iowa > Louisa County > History of Louisa County, Iowa, from its earliest settlement to 1912, Volume I > Part 10


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George Catlin in his account of the treaty gives an incident which shows how rapidly the county had been settling up and the encroachments that had already been made upon the Indian lands. "After the treaty was signed and witnessed, the governor addressed a sensible talk to the chiefs and braves and ended by requesting them to move their families and property from this tract within a month, to make room for the whites. The chiefs and braves broke into a hearty laugh, which one of them explained : . My father. we have to laugh-we require no time to move-we have left our lands already and sold our wigwams to chemokemons ( white men)-some for one hundred, some for two hundred dol- lars, before we came to this treaty. There are already four hundred chemoke- mons on the land and several hundred more on their way, moving in : and three days before we came away one chemokemon sold his wigwam to another che- mokemon for $2,000, to build a great town.'


It is evident that the "great town" here referred to was none other than Wapello, because that was the only prospective town on the Keokuk reserve at that time. In accordance with this treaty, the Indians left the country very soon, settling on the Des Moines river, and this removed the last obstacle to the organization of county government.


On the 7th of December, 1836, Governor Henry Dodge approved an act of the territorial legislature of Wisconsin, entitled "An Act Dividing the County of Des Moines into Several New Counties." This act was passed before the land surveys were completed through the county and possibly before the sur- veyors had reached this county, as the surveys of land in Iowa began at the south, and hence the boundaries given for the various counties are natural objects instead of range and township lines.


In order to understand the boundaries of Louisa county as then given, it will be necessary to read the sections of the act preceding the one in which Louisa county is named, and we therefore insert the first five sections of the act.


"Section 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the country included within the following limits, to wit : beginning at the most southern outlet of Skunk river, on the Mississippi ;


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thence a northern direction passing through the grove on the head of the northern branch of Lost Creek, and thence to a point corresponding with the range line dividing range seven and eight, and thence south with said line to the Des Moines river ; thence down the middle of the same to the Mississippi, and thence up the Mississippi to the place of beginning. be and the same is hereby set off into a separate county, by the name of Lee.


"Section 2. Be it further enacted, That the country included within the fol- lowing boundaries, to wit: beginning at the northwest corner of Lee; thence south with the west line of said county to the river Des Moines ; thence up the same to where the Missouri line strikes the same: thence west with the said Missouri line to the Indian boundary line ; thence north with the said boundary line twenty-four miles ; thence east to the beginning : be and the same is hereby set off into a separate county, by the name of Van Buren.


"Section 3. Be it further enacted, That the country included within the following limits, to wit: beginning on the Mississippi river, at the northeast corner of Lee: thence up said river to a point fifteen miles above the town of Burlington, on the bank of said river, thence on a westerly direction to a point on the dividing ridge between the Iowa river and Flint creek, being twenty miles on a dute west line from the Mississippi river ; thence a southerly direction, so as to intersect the northern boundary line of the county of Lee, at a point twenty miles on a straight line from the Mississippi river ; thence east with the northerly line of the said county of Lee to the beginning, be and the same is hereby set off into a separate county, by the name of Des Moines.


"Section 4. Be it further enacted, That the country included within the following limits, to wit : beginning at the southwest corner of Des Moines ; thence northwest with the line of said county of Van Buren to the Indian boundary line : thence north with the said boundary line twenty-four miles ; thence south- east to the northwest corner of the county of Des Moines; thence south with the west line of the county of Des Moines to the beginning, be and the same is hereby set off into a separate county, by the name of Henry.


"Section 5. Be it further enacted, That the country included within the following limits: beginning at the Mississippi river, at the northeast corner of Des Moines : thence up said river twelve miles above the mouth of Iowa ; thence west to the Indian boundary line ; thence with said boundary line, to the north- west corner of Henry and with the line of the same, to the northwest corner of the county of Des Moines : thence east with the line of the same county of Des Moines to the beginning, be and the same is hereby set off into a separate county. by the name of Louisa." The map here given shows the original extent of Louisa county ; it included nearly a fourth of Des Moines county, the south- eastern part of Washington county, including the present site of the city of Washington ; and also a considerable part of Henry county."


There has been some controversy in times past and probably will be in the future as to the origin of the name of Louisa county. Tuttle in his "History of Iowa," says : that Louisa county was named for a young woman who shot a man. Judge Charles Negus, formerly of Fairfield, in the "Annals of Iowa," for April, 1869, says the county was named for Louisa Marsey. Other authori- ties, including Flickinger and B. F. Gue state that the county was named for


Black Hawk


Purchase


1832


WASHINGTON


0


JOHNSON


HENRY


KEOKUK'S


MUSCATINE Σ 0


1


Reserve


Idaissi


DESMOINES


RIVER


Boundary line


ORIGINAL AND PRESENT BOUNDARIES OF LOUISA COUNTY


Scale-8 miles to one inch.


PUBLIC TIONARY


ASTOR INUX AND TILDEN SOL YDATIONS L


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Louisa Massey, an early resident of Dubuque. This is the view taken in the "Iowa Historical and Comparative Census" published in 1880.


Dr. John Bell. Jr., who was always ready, but not always prepared, to make a speech, delivered an address before the Louisa County Pioneer Settlers' Asso- ciation, February 22, 1861, in which he has this to say in regard to the origin of the name: "The origin of the name Louisa is quite a romance ; it occurred some way thus: Two brothers came to this territory in an early day, and after ex- ploring the country for some time, finally concluded to stop and prospect for lead in the neighborhood of Dubuque. After working some time, one of them, on going into an old digging that had been abandoned, struck a fine lead. This excited the cupidity of a man named Brown, who immediately laid claim to the old diggings. High words ensued, and ended in Brown killing Marcy on the spot. He died, leaving two small children. Louisa Marcy, his sister. hearing of the death of her brother. resolved to bring his murderer to punishment. She came, and on being told that there was no law to punish any one for the crime of murder, resolved to avenge her brother's death. Arming herself and taking one of the children, she followed Brown, and ascertaining where he was to be found, met him and demanded if his name was Brown, and if he had killed Marcy: on his answering in the affirmative, she immediately drew a loaded pistol, saying, 'Wretch! I am my brother's avenger ; thou shalt die!' Before the last sentence was completed she fired, killing him almost instantly. This heroic deed occurred about the time the commissioners were engaged running the boundaries of this county ; and in admiration of the brave girl's courage, they called this county Louisa. Her subsequent history was as follows: A wealthy merchant of St. Louis, hearing of the circumstance, and in admiration of the girl's courage and bravery, sought her out. made her acquaintance, and married her, and took her to St. Louis, where the city gave her a public ovation. She died a few years after, loved and esteemed by all who knew her. Such is the circumstance that gave our county its name."


This address was published in pamphlet form with other proceedings of the association and was quite widely circulated at that time, and it has long been the opinion of the writer that this address, notwithstanding the mistake in the name of Massey, and in giving Brown instead of Smith, and in having the man killed instantly-notwithstanding all these mistakes, that this was the main authority for the Louisa Massey story, which seems to have become so prevalent. Quite general local circulation to this story was given in a somewhat different form by an old settler of the county, Obadiah Garrison, frequently called "the Major," who gave the name of the young lady correctly as Louisa Massey, but who with a number of other embellishments added the statement that she was tried for the murder at the mouth of the Iowa river, and that he was on the jury which acquitted her. The nearest we have come to anything that seems like fair authority for the Louisa Massey story concerning the origin of the name of this county is found in the writings of Lucius H. Langworthy, of Dubuque, in the "Iowa Journal of History and Politics" for July, 1910, on Page 386, which is as follows: "Woodbury Massey was the eldest of several brothers, and a sister, all left orphans in early life. Himself and family were members and the chief founders of the first Methodist church erected in this city ; a man of fine education : polite and amiable in his disposition : one of our first merchants and


.


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possessing a large share of popular favor. He was enterprising in business and upright in all his dealings. Had he lived, he would no doubt have proved a main pillar and support in our young community. But in an evil hour he became the purchaser of a lot and lode, called the Irish lot near where Mr. Mckenzie now lives.


"It appears that a Mr. Smith, father and son, had some claim on this lot and lode. They were the exact opposite to Mr. Massey in character and disposition. A suit before a magistrate grew out of this claim and the jury decided the prop- erty to belong to Mr. Massey. It being a case of forcible entry and detainer, the sheriff, as was his duty, went with the latter to put him again in possession of the premises.


"When they arrived upon the ground, the two Smiths, being secreted among the diggings, rose up suddenly, and firing their guns in quick succession, Mr. Mas- sey was shot through the heart. His family living near by, saw him fall, thus early cut down in the prime of his life and usefulness, a victim to the unsettled state of the times and the ungoverned passions of turbulent men. The perpetrators of this deed were arrested and held in confinement until the session of the cir- cuit court at Mineral Point, Judge Irvin presiding upon the trial. The counsel for the defense objected to the jurisdiction of the court. which was sustained by the judge and accordingly the prisoners were discharged and let loose upon society. They, however, left this part of the country for a time.


"One of the younger brothers of Mr. Massey, highly exasperated by this transaction that no trial could be obtained for such offenders, had determined it seems, that should the elder Smith ever come in his way he would take the pun- ishment for the murder of his brother into his own hands. One day, while sit- ting in his shop at Galena, he chanced to see Smith walking the public streets of the place when instantly snatching a pistol and hastening in the direction, he fired upon him with fatal aim. Thus Smith paid the forfeit of his life by intrud- ing again among the friends of the murdered man, and in the community which had witnessed the scenes of his violence.


"For this act of the younger brother there seems to have been the broadest charity manifested. He was never tried, or even arresten, and still lives in the country, a quiet man, and greatly respected by all who knew him.


"The death of the father of course. soon brought the younger Smith to the mines. It was understood privately that he determined to shoot one or the other of the surviving brothers at the very first opportunity. He was known to be an excellent shot with a pistol, of imperious disposition and rash temper. These rumors finally reached the ears of the fair haired, blue eyed sister, who was thus made to believe that he would carry his threats into execution. She was just verging into womanhood, with fresh susceptibilities and all of her deep affections awakened by the surrounding difficulties of the family. One day, without consulting others, she determined by a wild and daring adventure, to cut off all chances of danger in that direction. Disguising herself for the occa- sion and taking a lad along to point out the person she sought, having never seen him herself, she went into the street, Passing a store by the wayside, the boy saw Smith and designated him from the other gentlemen in the room by his clothing. On seeing him thus surrounded by other men, one would suppose that her nerves would lose their wonted firmness. He was well armed and resolute


-


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HISTORY OF LOUISA COUNTY


in character, this she knew : yet stepping in amidst them all, in a voice tremulous with emotion and ominous in its tones, she exclaimed, 'If you are Smith,. defend yourself.' In an instant. as he arose, she pointed a pistol at his breast and fired ; he fell, and she retired as suddenly as she appeared. It was all done so quickly and seemed so awful that the spectators stood bewildered at the tragical scene until it was too late to prevent the disaster.


"It so happened that Mr. Smith had at the time a large wallet filled with papers in his breast pocket. The ball striking about its center, did not of course penetrate all of the folded leaves, and thus providentially his life was spared.


"Smith soon recovering from the stunning effects, rushed into the street to meet his assailant ; but she had fled and found shelter at the house of Mr. John- son, a substantial merchant of the town, and was subsequently sent away by her friends here, to some relatives in Illinois, where she was afterward married to a Mr. Williamson, formerly of this place. Her name, Louisa, has been given to one of the counties of our state. Smith lived several years, but the wounds probably hastened his death. She is also dead. and it is to be hoped that God's mercy has followed them beyond earth's rude strifes and that they dwell in peace in a purer and better world."


The lecture from which the foregoing is taken, was delivered at Dubuque, in December, 1854. and is the first recorded claim that we have been able to find of this alleged origin of the name. We have also found in Vol. 15 of the "Wis- consin Historical Collections," in the journal of Alfred Brunson, D. D., an inter- esting reference to the Massey story. Mr. Brunson's article is entitled "A Meth- odist Circuit Rider's Horseback Tour from Pennsylvania to Wisconsin, 1835." His "tour" seems to have begun on September 5. 1835, and we quote as follows:


"November 12. left Galena and rode to Dubuque and held quarterly meet- ing for this mission on the 14th and 15. The lands were not in the market and the only claim to it consisted of occupancy and consequently conflict- ing claims for valuable mineral grounds frequently occurred, which were oftener settled by might of the parties than the decisions of law. A few weeks before my arrival at this place one (of) our valuable brethren was shot dead at a mineral hole, while contending for his right, by two men. father and son, named Smith. They were committed to prison and indicted for the murder, the father as prin- cipal and the son as the accessory, but . it was found the courts had no jurisdiction over the case and the prisoners were discharged. The people, how- ever, feeling indignant at the offender, called a public meeting to try Smith in the true democratic form, and but for his escape would have hung him, as they had done one of a similar character before. Smith, however, returned to the mines in the ensuing winter and a brother of Massey who was murdered shot him down in the streets in Galena in open day and then made his escape, no one caring to pursue him under the circumstances of the case. Not long after. the younger Smith appeared in Dubuque and a maiden sister of Massey shot him in a store and would have killed him, but for his pocketbook, against which the ball of her pistol struck. Shooting and dirking were so common, however, that little notice was taken of it, unless death ensued; nor even then, if it was con- sidered justifiable homicide. Miss Massey, therefore, was not molested, but soon after left the country."


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Unless this incident excited more interest in Belmont in 1836, than it seems to have done in Dubuque at the time it occurred, it may well be doubted that it had any thing to do with the naming of the county.


It has always been the understanding of the writer-an understanding which he gained from Francis Springer, John Hale and others, that the name was given to the county in honor of Louisa county, Virginia. One authority for this state- ment was William L. Toole, who said in the "Annals of Iowa." Vol. 6, No. I, in referring to the act of the Wisconsin legislature, establishing Louisa county that, "said legislature gave the name of Lonisa to our county, through the influ- ence of members thereof, who were formerly of Virginia, in honor of Louisa county, Virginia, and contrary to the wishes of or consultation with the citizens thereof, who would have preferred the name of Washington. Jefferson or Mon- roe. Some agitated the proposition of a change of name then, and some are stil! dissatisfied with the name, and desirous of a change which may yet get into shape and the subject be properly brought before the legislature." It is true that William L. Toole was somewhat advanced in years when he wrote the article in the "Annals" but it is also a fact that he was one of the very best posted men to be found anywhere in regard to the old settlers of Louisa county. He came to the county certainly as early as 1836 and was a member of the first board of county commissioners, and was a member of the territorial legislature in 1838-9. Mr. Toole was also a member of the first constitutional convention of Iowa Territory, held in 1844. Through the courtesy of Dr. Reuben G. Thwaites. we are enabled to present herewith the records of the action of the territorial legislature of Wisconsin, on the bill which named Louisa county, as shown by its journals: "October 28, 1836. Mr. Chance presented a petition from the inhabi- tants of Des Moines county, praying for a division of the county. Mr. Jenkins presented a similar petition, but both were laid upon the table.


"November 17, 1836, Mr. Leffler reported a bill from the select committee chosen therefore, dividing the county of Des Moines into six new counties. The names of the select committee are nowhere given in the record, but by analogy with the other committees for similar purposes, I take it that it was composed of the entire delegation from Des Moines county. Mr. Teas presented a minority report, and Mr. Box moved the majority report be rejected. Mr. Leffler moved that the order to reject be laid on the table.


"November 18, 1836, this matter was taken up and Mr. Leffler moved that the motion to reject the majority report be considered : it was so done and decided in the negative.


"November 30, 1836, on motion of Mr. Leffler the house went into a com- mittee of the whole to consider the bill, which when the committee rose, was reported with amendments. These were adopted. Mr. Teas moved to lay the bill upon the table, but his motion was lost. This bill then passed through its three readings, was approved ( without discussion) by the council and signed December 7th, by the executive." It will appear from this record that Isaac Leffler fathered the bill in the house, and we are informed that Arthur B. Inghram looked after the bill in its passage through the council. It is said that Isaac Leffler was born in Washington county, Pennsylvania, but that he served for a number of years in the Virginia legislature and was also at one time a representa-


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tive in congress from that state, and if this should be true, it would add some weight to the story as given by Mr. Toole.


At all events the county was named Louisa and started to do business under that name. The beginning of things in an official way in Louisa county, Wiscon- sin Territory, seems to have been on January 17, 1837, when the first town plat of "Wapellow" was recorded by Zadok C. Inghram, "clerk and recorder of Louisa county, Wisconsin Territory." As we have already seen, Mr. Inghram lived in Burlington in 1836. Among his other accomplishments he was a school teacher, and taught the first school held in Des Moines county in a house in Bur- lington, belonging to W. R. Ross, who was the first postmaster in Burlington. The first record book is a unique affair and consists of seven double sheets of foolscap, sewed together in the middle, and, beginning on the side, which shows the plat of "Wapellow." there are a number of instruments recorded up to and including page 12. One is the appointment by Samuel Smith, sheriff, of Will- iam H. R. Thomas as under sheriff, and is dated April 10, 1837. Another is the appointment by Martin Harless, sheriff. of Cavil M. MeDaniel, as under sheriff, and this is dated February 9, 1838.


Another instrument is the official bond of Cavil M. McDaniel, as sheriff, dated February 21, 1839, and signed by Jeremiah Smith, J. Wilson Isett. A. J. Bevins, R. S. Searl and Riley Mallory, in the sum of $5.000, and recites that McDaniel had been appointed sheriff on January 18th last.


The remainder of the twelve pages before referred to, is taken up with the record of various official oaths, principally justices of the peace, among them being J. Ronalds, Jacob Mintun, Hiram Smith, Christopher Shuck, William Milli- gan, Maxamilian Eastwood, and Richard W. Gwin.


There is one curious instrument found recorded here as follows :


"Be it remembered that on the 15th of September, 1830, we the Elders of the Church of God at Union meeting house Nicolas county, Kentucky, solemnly set apart James R. Ross by prayer and laying on of hands, to the office of and Elder in the Church, we therefore recommend him to favor and respect.


"Given under our hands &c.


"ABRAHAM SHROUT "PETER HON."


To this is appended the certificate of Clerk Inghram, stating that the fore- going "certificate of ordination" was filed for record on the 11th of June, 1838, and duly recorded.


The next official business of which we have any record is that of the first term of the district court ever held in this county. This record occupies twelve pages of the record book to which we have just referred, and we give the record of that term of court just as it is found in this little book :


At a District Court for the County of Lonisa begun and held at Wapello on Thursday the 20th day of April A. D .. 1837.


Present :


The. Honle. David Irvin Associate Judge of the Supreme Court and Judge of the 2nd Judicial District.


IV. W. CHAPMAN, DISTRICT Atto. U. S.


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HISTORY OF LOUISA COUNTY


The Court being satisfied of the character and qualifications of Zadok C Inghram doth appoint him Clerk of this Court, and thereupon the said Zadok C Inghram with William Milligan and Isaac H Rinear-on his securities came into Court and entered into bond in the penalty of two thousand dollars condi- tioned according to law-and the said Zadok C Inghram took and subscribed the oath of office.


( SEAL )


Ordered that the seal of which the foregoing is the impression be the tem- porary seal of this Court


Ordered that James W Woods be appointed District Attorney for Louisa County Pro Tem.


On motion of William W Chapman District Attorney of the United States it is ordered by the Court that a venire facias for a grand jury on behalf of the United States issue returnable forthwith.


The Marshall returned into Court the venire facias with the following persons summoned as grand jurors viz Phillip B Harrison Isaac H Rinearson C A Ballard John Millard James Gordon Thomas England Jeremiah Smith Martin Harless Reuben C Mason Phillip Maskel Henry Slaughter Thomas Stoddard David E Blair William H Creighton James Irwin Christopher Shuck Thomas Blair and William Guthry from whom Phillip B Harrison was selected as Foreman who together with his fellows aforesaid were sworn and solemnly charged by the Court and sent to their Chambers to consider of Presentments and Indictments.




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