USA > Iowa > Louisa County > History of Louisa County, Iowa, from its earliest settlement to 1912, Volume I > Part 11
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Ordered that the Foreman of the Grand Jury of the United States be im- powered to subpoena and swear witnesses.
The Grand Jury of the United States returned into Court and having no business before them were discharged.
On Motion of J. W. Woods, District Attorney pro Tem for this County the venire facias issued by the Clerk for a Territorial Grand Jury be set aside and a venire facias issne returnable forthwith.
The Sheriff returned into Court the venire facias this day issued with the following persons Phillip B. Harrison Isaac H Rincarson Jeremiah Smith Reuben C Mason Phillip Maskel Henry Slaughter Thomas Stoddard David E Blair William II Creighton James Irwin Christopher Shuck Thomas Blair William Kennady Francis A Roe William Fleming William H Dennison and William Dupont summoned as Grand Jurors for the territory from whom Phillip B Har- rison is selected as Foreman who together with his fellows were sworn and solemnly charged to consider of Indictments and presentments.
Ordered that the foreman of the grand Jury last aforesaid be impowered to subpoena and swear witnesses.
On Motion of Rufus P. Burlingame by Chapmann his Attorney a licence is granted him to keep a ferry across the lowa River at the Iowa Town for one . year whereupon the said Burlingame with William Guthrie his security came into Court and entered into a Recognisance in the penalty of one hundred dol- lar conditioned according to law.
On Motion of William Milligan by Chapman his attorney a licence is granted him to keep a ferry across the Iowa river at the town of Wapello for one year
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HISTORY OF LOUISA COUNTY
and thereupon with the said William Milligan came into Court and entered into a Recognisance conditioned according to law with Martin Harless his security.
On Motion of William H. Dennison by Woods his attorney a license is Granted him to keep a ferry across the Iowa river at the town of Mount Sterling for one year and thereupon the said William H Dennison came into Court and entered into a Recognisance conditioned according to law with William Kennedy his security.
On motion of John Ronalds Reuben S Searl and William Kennedy by Chap- man their attorney a licence is granted them to keep a ferry across the Iowa river at the town of Harrison for one year and thereupon the said John Reynolds Reuben S Searl and William Kennedy came into Court and entered into a Recog- nisance Conditioned according to Law with William Milligan their security.
Ordered that the Court adjourn until tomorrow morning ten Oclock.
D. IRVIN, Judge.
Friday, April 21st A. D. 1837 Court met pursuant to adjournment. Present The same Judge.
On motion of Nelson Dethrick by Woods his attorney ordered that a Licence be Granted him to keep a ferry across the Iowa river at the Central Wapello town for one year whereupon the said Dethrick with William W Adams his security came into Court and entered into a Recognisanca in the penal sum of one hundred dollars conditioned according to law
On motion of Phillip B. Harrison by Woods his attorney ordered that a licence be Granted him to keep a ferry across the Iowa river at the town of Florence for one year whereupon the said Harrison with Jeremiah Smith his security came into Court and entered into a Recognisance in the penal sum of one hun- dred dollars conditioned according to law.
Presley Chalfant vs. William Dupont.
Ordered that the Defendant Plead in one month, and Plaintiff Reply by the first of July thereafter and further pleadings within fifteen days successfully* until issue.
Ordered that a rule be taken against Francis A Roe one of the Grand jurors sworn and charged at the present term of the Court to appear at the next term of this Court to show cause why he shall not be fined for absenting himself without leave of the Court.
Ordered by the Court that the rates of Ferrage at the several ferries licensed in the County be as follows :
For each man on foot 121/2
For each man and horse 25
For each waggon & two horses 75
For each additional horse 121/2
Waggon & one yoke of oxen .75
Additional yoke of oxen 25
Loose cattle each IO
For sheep hogs goats & c each. 61/4
and that the said Ferries be kept in operation from sun up till sun down each day.
*Successively.
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HISTORY OF LOUISA COUNTY
Ordered that it be certified that the persons attending this Court as Grand Jurors on behalf of the United States be allowed for one days attendance.
Ordered that the persons attending this Court as Grand Jurors on the part of the Territory be allowed for two days attendance.
Ordered that William W Chapman District Attorney of the United States be allowed for two days attendance on this Court and one hundred and sixty miles travel.
Ordered that the Marshall be allowed for two days attendance upon this Court and for thirty miles travel and for summoning a grand jury.
Ordered that the following persons be allowed as petit jurors of this Court as follows (viz)
Jolin H Benson one day 12 miles travel
Orien Briggs one day 12 miles travel
William Kennedy one day 6 miles travel
David Russell one day 20 Do
Wesley Swank one day 24 Do Joseph Carter one day 22 Do
Nathaniel Prime 20 Do
William Dupont 24 Do
William H Lee 12 Do
Jolın Kem 8 Do David Linn 16 Do
Abraham Wigant 2 Do
Peter Wigant 2 Do
David M. Hanson 2 Do
William H Dennison vs William Fleming-Debt on Note.
This day came the defendant by his attorney (Chapman ) and moved to quash the writ upon the grounds first, that there is no seal 2nd there is no endorsement by attorney or other competent person which motion being sustained. it is adjudged and ordered that said writ be quashed.
United States vs Thomas D Kellough-Indictment for Assault and Battery United States vs Isaac Parsons-Indictment for Assault and Battery United States vs John Westfall-Indictment for Assault and Battery
United States vs Joseph Carter-Indictment for .Assault and Battery
United States vs James Gordon & Joshua Smith-Indictment for Gaming. United States vs John Kem-Indictment for Assault and Battery. United States vs Joshua Smith-Indictment for Gaming.
United States vs William Kennedy-Indictment for AAssault and Battery United States vs James Gordon-Indictment for Gaming.
United States vs John W Fergason-Indictment for Assault and Battery
United States vs Samuel S. Gorly-Indictments for Assault & Battery
United States vs Orien Briggs, Robert Briggs and John W Fergason-Indict- ment for Affray.
Ordered that bail be taken in the sum of fifty-five dollars, process of capias to issued returnable to the next Court.
Ordered that the Court be now adjourned until the next term thereof.
D. IRVIN, Judge.
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SIGNATURES OF CHRISTOPHER SHECK, THE FIRST SETTLER, AND J. W. FERGUSON, THE FIRST SCHOOL TEACHER
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HISTORY OF LOUISA COUNTY
This term of court was held in what was then called Lower Wapello, the legislature having located the county seat at that place. This subject will be dis- cussed more in detail when we come to the history of Wapello, but it may be well enough now to say that the court house then used was made of cottonwood logs or poles, and the stand from which Judge Irvin dispensed justice was an ordinary dry-goods box, upon which was a split bottom chair. The grand jury held its sessions in a sort of cave, or hollow, in the river bank, and the petit jury conducted their deliberations a part of the time at least in a movable calf pen.
As appears by the foregoing record, Zadok C. Inghram was appointed clerk on the first day and gave his bond, but there is no doubt of his having been appointed clerk some time prior to January 17, 1837, although we have not been able to find any record of it. This was doubtless done under an act of the territorial legislature of Wisconsin, approved November 17, 1836, authorizing the judges of the supreme court for the several counties, to appoint a clerk of each court of their respective districts, previous to the holding of the first term of court. Under the law the clerks so appointed were to hold their several appointments until the first term of the court for which they were appointed. and until their successors were appointed and qualified ; acting under this law, Mr. Inghram had been appointed to hold until the first term of court, and this necessitated his appointment again on the opening of court. Mr. Inghram held this office for ten years, and was indeed the pioneer laborer in the work of organizing the county and putting its official machinery in motion. Through the kindness of Thomas Newell, we are able to present herewith a picture of Mr. Inghram, which has been in possession of Mr. Newell's mother for a great many years. After leaving this county, Mr. Inghram went to Missouri, where it is understood that he died in 1883.
The sheriff at this term of court was Samuel Smith, who was appointed to this office by Governor Dodge, on December 8, 1836, the next day after the law estab- lishing Louisa county took effect. At the same time the Governor appointed the following justices of the peace for this county: William Milligan, Christopher Shuck, Isaac Rinearson and William L. Toole. These justices and Sheriff Smith were confirmed by the council on the day following their appointment. There has been a great deal of difference of opinion expressed at different periods as to who was the first sheriff of the county. It has been variously contended that Martin Harless, C. M. McDaniel and William H. R. Thomas were each entitled to this distinction. Dr. John Bell in his old settlers' address, to which we have before referred, discussed this subject and while he was in error as to his opinion, we quote what he says for the purpose of rescuing from oblivion an interesting, and as we understand, true anecdote, concerning the appointment of Martin Harless, who was our second sheriff : "Old Cal, as we used to call him, was not, as generally supposed, the first sheriff of Louisa county. One Martin Harless had that honor. Being up at Wapello when the first court was organized, he had the good fortune to be appointed sheriff. Feeling highly elated over his good luck, he got fuddled, and on going home, his wife noticed that there was a great change in his manner : there was something mysterious in his conduct. After several vain attempts she succeeded in removing his secret-he, Martin Harless, was high sheriff of Louisa county. One of the children, hearing of their good
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HISTORY OF LOUISA COUNTY
fortune, rushed forward and wanted to know if they were all sheriffs. The old lady took the boy a whack, exclaiming. . No, fool! nobody is sheriff but your dad and I.' "
In order to convince all doubting Thomases or doubting MeDaniels that we are correct as to Sheriff Smith, we give herewith a fac simile of the oath of office taken by him before Clerk Inghram, February 18, 1837. We have not learned much about the history of Samuel Smith. It is quite likely that Smith creek, clown below old Florence, was named after him, as he took up a claim located on Smith creek and not far from the mouth of it. It was said that he was under sheriff of Des Moines county at the time Louisa county was organized and that his appointment as sheriff was largely due to that fact. We see in the execu- tive journal edited by Dr. Shambaugh, that in 1839 Governor Lucas appointed a Samuel Smith to be sheriff of Henry county. This may have been the same person.
There has likewise been doubt and uncertainty as to the name and member- ship of the board which transacted the first business of the county. For the last forty years, at least, it has been supposed that the earliest record of the transac- tions of such a board was to be found in the "Commissioners' Record, Book A," being the record of the commissioners' court, which begins on April 2, 1838. In a work edited by the Acme Publishing Company, in 1889, relating to Louisa county, though chiefly biographical, it was said that William Milligan, Jeremiah Smith and John Reynolds (Ronalds) were the county commissioners who organized the county and held their first meeting. April 22, 1837, and that they appointed Z. C. Inghram clerk of the commissioners' court. It is also stated that no record could be found of a meeting of this board and that the first record was that beginning April 2. 1838. A few years ago O. I. Jamison, editor of the Columbus Junction Gazette, spent considerable time in investigating and writing up the early history of the county and he seems to have concluded that the story as to Milligan, Smith and Ronalds was without foundation, as he speaks of it as a tradition. Fortunately, we are able to set all doubts upon this subject at rest, having found in the attic to the court house woodshed, among many other old books and important documents relating to our carly history, the record book of the first official board of the county. The board which made this record was not a board of county commissioners, nor a commissioners' court, and not so called. It came into existence by virtue of a number of acts which had been adopted in the territory of Michigan, and which were made to apply to Wiscon- sin. These various Michigan acts provided for the election of supervisors, we believe one for each township, and specified their powers and duties. In Decem- ber, 1836, the Wisconsin legislature passed an act to amend the several Michigan acts referred to and provided that each county should be declared one township for all purposes of carrying into effect the above acts, and that at the annual town meeting there should be elected in each county three supervisors who should perform in addition to the duties heretofore assigned them as a county board, the duties heretofore performed by the township board. This act also provided for the election of one township clerk, who should be clerk to this board of supervisors.
Inasmuch as this book throws a flood of light upon the institutional beginnings in this county, we give a fac simile of a few of the twenty-one pages, which record the doings of this pioneer "bord."
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HISTORY OF LOUISA COUNTY
We have been unable to find the record of the election which was held in the spring of 1837, when this "bord" was elected. It appears that one of the three members of the board failed to qualify and that some of the other officers elected failed to qualify. and the first act of this board after appointing Mr. Inghram clerk pro tem, was to order an election to be held on the 6th of May following. for the purpose of electing one supervisor, constables, assessor, collector, direc- tor of the poor. fence viewer and all other officers required to fill vacancies caused by those previously elected. failing to "qualefy" in due time. This meeting of the board was held at the house where court was last held, as was also the next meeting on May 12th. The meeting on the latter date was a special mecting. At this meeting the first allowance made was of $ro to Z. C. Inghram, but the purpose for which it was allowed is not stated. Samuel Smith, sheriff, was also allowed $13. and William H. R. Thomas, deputy sheriff, was allowed $1.50. Nearly three pages of the record are taken up with allowances made to the grand jurors and petit jurors of the term of court that had just been held. . At this same meeting it was also ordered that the property of Louisa county be assessed on or before the first day of July. 1837. We have found no returns of the special election ordered by this board to be hell on the 6th of May, 1837. but undoubtedly William Kennedy was elected township clerk, for at this meeting he was allowed one dollar for services as clerk of the board of supervisors. It is also certain that John Ronalds was elected as the other member of the board of supervisors at the May election, because he appears as a member of the board at the meeting held July 11, 1837. The record of this July meeting begins about the middle of page 6. and as will be seen by the fac siimle of that page, it contains the record of the first county road ordered in this county. There were four other roads ordered laid out at this same meeting. One was to commence at or near the Hatcher claim on the south line of the county, thence on the nearest and best route, not to injure improvements, to intersect a county road near Levi Thornton's on the north line of the county : and Joshua Swank. William Kennedy and Levi Thorn- ton were appointed commissioners to mark said road, and were to make their return at the next meeting, together with an estimate of the costs. The "county road" referred to in this last order was probably the territorial road established by the act of the Wisconsin legislature. December 7. 1836, and for the purpose of locat- ing and establishing a territorial road west of the Mississippi. By this act Abel Galland. Solomon Perkins, Benjamin Clark, Adam Sherrill. William Jones and Henry L. Lauder were appointed commissioners to lay out a territorial road west of the Mississippi, commencing at Farmington, on the Des Moines river, thence to Moffit's mill, thence to the nearest and best route to Burlington, thence to Wapello, thence by the nearest and best route to Dubuque, and thence to the ferry opposite Prairie du Chien.
Another road ordered at this meeting was to commence at the territorial road at Wapello, going thence to Henry county in the direction of Mount Pleasant. and Thomas Ingland ( England ). J. J. Rinearson and Joseph Higby ( Higbee) were appointed commissioners. Another road was to commence at the ferry above the mouth of the "Ioway" river, thence to intersect the territorial road at Milligan's ferry on the "Ioway" river. William L. Toole, Henry Warnstaff and David M. Hanson were appointed commissioners.
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HISTORY OF LOUISA COUNTY
The other road ordered was to commence at the head of Main street in Har- rison, and thence east, following the section line and intersecting the road from Burlington to Bloomington. John P. Giles ( Gillis? ), R. S. Searl and James Erwin were appointed commissioners.
This brings us to page 8 of the record, and of this we also give a fac simile reproduction, mainly because on this page is found the record of the establish- ment of "the rates of tavern" for Louisa county.
The next meeting was held on July 12th at the house of William Milligan. William Milligan was "permitted to keep a tavern in Wapello for one year, com- mencing Aprile the ist. 1837." At this meeting an order was made for a road to commence at the ferry line opposite "Oquaka" on the Mississippi, and thence by the "neardest and best rout" to Cattees on the "loway" river. Nathaniel Prime. R. S. Searl and I. H. Rinearson were appointed commissioners and the clerk of the board was directed to send a copy of these proceedings to Steven S. and A. Phelps. of Oquaka, "requesting them to transmit to the board of com- missioners at their next meeting the amount of money or labor they and the citi- zens of Oquaka will be responsabel for by way of donation in opening said road."
The next meeting was a special meeting held at the house of R. S. Searl in the town of Harrison, on the, 8th of August. 1837. The first business transacted at this meeting was the establishment of five districts, and as this is the first effort to divide the county, we copy in full the proceedings in reference to these five districts :
"Ordered that the Black Hawk district No. I shall be bounded as following : viz : Commencing at the Mississippia river, above the mouth of the Ioway river, thence up the Ioway river to the line dividing range two and three west, thence north on said line to the line dividing township 74 and 75 north, thence east on said line to the Mississippia river. thence down the Mississippia river to the place of beginning, and that William Fleming be appointed pathmaster to oversee the working of roads in said destrict.
"Ordered that the Harrison destrict No. 2 be bounded as follows: On the east by destrict No. I, on the south by the loway river W. on a line running north and south throug the center of range three west, and on the north by the line dividing the township 74 & 75 north, and that Henry Warrenstaff be appointed pathmaster to oversee the working of roads therein.
"Ordered that the Fredonia district No. 3 shall be bounded as follows: On the north by the county line, on the west and southwest by the loway R., and on the east by a line running through the center of range 3 west, runing north and south and that William Fowler be appointed pathmaster to oversee the work- ing of roads therein.
"Ordered that the Grandview destrict No. 4 shall be bounded as follows : South by the line dividing township line, dividing 74 & 75 north, west by destrict No. 3. on the east by the Mississippia river, on the north by the county line. and that Levi Thornton be appointed pathmaster to oversee the working of the roads therein.
"Ordered that the Wapello destrict No. 5 be bounded as follows: On the
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84
HISTORY OF LOUISA COUNTY
Slaughter and Louisa counties would run so as to leave Columbus City in Slaughter county and Columbus Junction in Louisa. The final change was made by the Iowa Territorial Legislature on January 12th, 1839, by which we got back government townships 74 and 75, range 5, and also received, as additional terri- tory. all of the present townships of Oakland and Union. The lines have never been changed since.
CHAPTER VIII.
EARLY DISTRICTS, PRECINCTS AND TOWNSHIPS.
CHANGES IN TOWNSHIP BOUNDARIES-ESTABLISHMENT OF NEW TOWNSHIPS EARLY SETTLERS IN THIE SEVERAL TOWNSHIPS-EARLY LAND ENTRIES.
The first establishment of townships as such was on January 7, 1841, but the county had been divided a few times before that. The first division was made by the board of supervisors in August, 1837, into five districts, presumably road districts, but not called by that name. These districts are set out in full in chap- ter VII in our account of the proceedings of this first board. Again, the county seems to have been divided into election precincts by the board of county com- missioners at its first meeting on April 2. 1838. Five election precincts were established at this time: (Ist) Upper Wapello; (2d) Florence; (3d) Grand- view ; (4th) Black Hawk; (5th) Fredonia, but the boundaries are not given. At this time the greater part of Columbus City township, and all of Union, Oakland and Elm Grove belonged to Slaughter county.
Judges were appointed for these various precincts as follows: Upper Wapello, Hiram Smith, Thomas England and Abram Wigant : Florence precinct, Samuel Smith, John Deighl (Deihl) and R. P. Burlingame; Fredonia, James Bedwell, T. G. Clark, Craig Black; Grandview, R. Childers, William Fowler. George Humphrey ; Black Hawk, Israel Trask, Jonathan Parsons and James Guest.
On April 2. 1839. the county was again divided by the county commissioners and we set out the order in full :
"Ordered that the county of Louisa be laid out in the following districts, to wit: No. I shall be of the following boundaries to wit: Commencing at the Mississippi river, above the mouth of Iowa river : thence up the Jowa to the line dividing ranges 2 and 3 west : thence north on said line to the line dividing town- ship 74 and 75 north : thience east on said line to the Mississippi river : thence down the same to the place of beginning ; and that William Fleming be appointed supervisor of the same.
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