USA > Iowa > Lucas County > History of Lucas County, Iowa containing a history of the county, its cities, towns, etc > Part 44
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On the 11th of the following September, 1849, the commissioners sub- mitted a report of their action to the board of county commissioners, con- firming the decision announced from the top of the government stake a few days before, and defining the boundary of the hundred and sixty acres upon which should be built the future seat of justice of Lucas county, as follows:
The southeast quarter of the southeast quarter of section nineteen; the south- west quarter of the southwest quarter of section twenty; the northwest quarter of the northwest quarter of section twenty-nine; and the northeast quarter of the northeast quarter of section thirty; in township seventy-two, range twenty- one, west.
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HISTORY OF LUCAS COUNTY.
To this prospective town, the locating commissioners gave the name of "Polk," in honor of the then recently retired president. With this name, however, the people were not satisfied for some reason, and shortly after a public meeting was called by its more active' opponents, to give expres- sion of opposition, and to ask the board of commissioners to change it, which it did, substituting therefor the name of "Chariton Point." Owing, however, to the fact that there was already a locality close by thus called, which would lead to confusion, the word "point" was, by common con- sent, dropped, thus leaving the name simply "Chariton," this and nothing more.
This name was originally given to the river passing through Lucas county, and not far from the most northern angle of which is situated the town to which its name was also given. "Chariton" is a French name. In a very early day, a French Indian trader by that name located a trading post on the north bank of the Missouri river, at a point where the Chariton empties into it. To this latter stream the trader gave his own name, "Chariton," and subsequently, when the early counties of Missouri were being defined, the one at the mouth of this river was also given the name of Chariton. This settles the query in the minds of very many citizens of the county, as to the derivation of the name of their county town.
The next action in the perfection of the organization of the county, was the appointment of an organizing sheriff, whose duty it was to call an election to fill the various county offices authorized by the second section of the organizing act of 1849: "that there shall be an election held on the first Monday of August next [1849], at which time the county officers of said county shall be elected; and also such number of justices of the peace and constables for said county as may be authorized by the sheriff of said county. It shall be the duty of the sheriff of said county to give at least fifteen days notice of the time, and place of holding such election in said county, and to grant certificates of election." The first county officers thus elected under this act, held their offices until the first Monday in August, 1850, when their successors were to be chosen. The justices of the peace and constables chosen at this first election, however, were to hold their offices only until the first Monday in April, 1850. Section six of the organizing act of 1849, appointed James Roland, a pioneer settler of the county, its organizing sheriff, and on the 22d of July, 1849, he issued and posted written notices for the first election to be held on the 6th day of August, 1849, at the house of William McDermot, who was the first settler in the county; he having located near its eastern limit, some ten miles east of the present town of Chariton, in September, 1847, which locality he gave the name of "Ireland"-the name of his native isle. The county officers thus elected were three county commissioners, a clerk
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HISTORY OF LUCAS COUNTY.
of the district court, a clerk of the board of county commissioners, a sheriff, a recorder and treasurer, a county surveyor, and two justices of the peace, for whom there were twenty-five votes cast by the pioneer electors who gathered at the "Ireland" precinct from various localities in the new county; including three from the present township of Chariton: William S. Townsend, John McMaines and Samuel A. Francis; three from the southeast part of the county, now Washington township: H. E. West, Samuel Mckinley and James Peck; one from White Breast Creek, west of Chariton: Peter Phillips; and one from the northeast part of the county, now Pleasant township: John Ballard. The remaining number of the twenty-five pioneers who thus exercised the right of suffrage for the first time in their new home on the then wild frontier of the west, were located about McDermot's "Ireland," in what is now Cedar town- ship.
The record of election returns in Lacas county, date only from the April election of 1852, at which was chosen a school fund commissioner. All beyond this date, is traditional. Not content, however, with the uncertainties of tradition, after the lapse of so many years, the garret of the court house was examined; where a box containing some four or five bushels of musty papers was found, which bore the stains of mould, and the marks of early days and neglect. These were all, one by one, examined, and after several tedious hours of search, the record was found which supplies the lost link in the early record history of this county. Thus tradition is robbed of its fiction. This "lost link" is the official returns of the first election held in Lucas county, of which the following is a copy, and con- tains a full and complete list of the names of the judges and clerks of the first election, the names of all the voters, and the names and tally list of the officers voted for, showing who were thus elected:
State of Iowa, County of Lucas. } ss.
You, James Roland, Beresford Robinson, each of you do solemnly swear that you will perform the duties of judges of election according to law, and to the best of your abilities; that you will studiously endeavor to prevent fraud, deceit or abuse in conducting the same, so help you God.
(Signed) JAMES ROLAND, BERESFORD ROBINSON.
Subscribed and sworn to before me, this 6th day of August, A. D. 1849. (Signed)
XURY E. WEST, One of the judges of election.
State of Iowa, County of Lucas. } ss.
You, Xury E. West, do solemnly swear that you will perform the duties of judge of the election according to the law, and the best of your ability, that you
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HISTORY OF LUCAS COUNTY.
will studiously endeavor to prevent fraud, deceit, or abuse, in conducting the same, so help you God. (Signed) XURY E. WEST.
Subscribed and sworn before me this 6th day of August, A. D. 1849. (Signed)
JAMES ROLAND, One of the judges of election.
State of Iowa, County of Lucas. } ss.
You, James Robinson, William T. May, and each of you do solemnly swear that you will perform the duties of clerks of the election according to law and the best of your abilities, that you will studiously endeavor to prevent fraud, deceit or abuse in conducting the same, so help you God.
(Signed)
JAMES ROBINSON, WILLIAM T. MAY.
Subscribed and sworn before me this 6tb day of August, A. D. 1849. (Signed)
XURY E. WEST, One of the judges of election.
NAMES OF VOTERS. NO.
NAMES OF VOTERS. NO.
William S. Townsend 1
James M. Mercer 13
James Roland
2
Samuel Mckinley . 14
Philip G. Dunn.
3
James G. Robinson 15
Beresford Robinson 4
John Ballard. 16
Nelson Lowder
5
Thomas Wilson 17
William McDermot
6
Peter Phillips 18
William T. May
7
James Peck
19
X. E. West.
8
Andrew J. Allen 20
Loyd Jenkins
9
John McMaines 21
Elijah Baldwin.
10
John Mercer. 22
Samuel A. Francis
11
Joseph W. Allen 23
John Yergey 12
Milton Lowder 24
E. K. Robinson
25
State of Iowa, County of Lucas-ss.
We, the undersigned judges and clerks of election, held at Ireland precinct, in said county, do hereby certify that the foregoing contains a full and perfect list of the number and names of the persons voting at this precinct, August 6, 1849.
JAMES G. ROBINSON,
WILLIAM T. MAY, Clerks.
XURY E. WEST, JAMES ROLAND, BERESFORD ROBINSON, Judges of Election.
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HISTORY OF LUCAS COUNTY.
TALLY LIST OF OFFICERS VOTED FOR.
For President of Board of Public Works: VOTES.
William Patterson
15
Thomas J. Mckean
9
William M. Allison
5
For Sheriff:
John McMaines 23
For County Commissioners:
For District Clerk:
William S. Townsend
20
W. W. Waynick
2
For Commissioner's Clerk:
James M. Brown.
25
For County Surveyor:
I. H. Waynick,
4
For Recorder, Collector and Treas .: Samuel Mckinley. 21
For Justices of the Peace:
James Peck
20
E. K. Robinson.
15
For Pres. Board Public Works:
For Sec'y. Board Public Works:
Jessie Wilson.
1
Thos. J. Kean
1
The foregoing election return is marked " filed August, 1849," minus the day and signature of the filing officer. It is a historical document which coming generations in Lucas county, will regard with much interest, and should be preserved.
From a paper found among the "abandoned archives," in the court- house garret, it appears that an election poll was also opened on the sixth of August, 1849, in what is now called White Breast township, which will more fully appear trom the following copy of a part of the return which was thus received:
At an election held at the house of James M. Brown, in White Breast pre- cinct in the county of Lucas county, State of Iowa, on the sixth day of August, A. D. 1849, the following named persons received the number of votes annexed to their respective names for the following described offices, to-wit:
James G. Robinson, William T. May, Jacob Phillips each had eight votes for county commissioners; James M. Brown had eight votes for clerk of the board of commissioners; John McMaines had eight votes for sheriff; Wyatt Waynick had seven votes for district court clerk; Iverson Waynick had seven votes for re- corder and collector; Samuel S. Mckinley had four votes for treasurer.
The foregoing extract is all there remained of the returns from White Breast precinct. As the organizing act only took effect the fourth of July previous to this election; and as this county was attached to Monroe for election purposes, the organizing sheriff must have authorized the White Breast poll to be opened if it was opened, as the act only au-
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For Secretery of Board:
VOTES.
Jesse Williams
14
For Treasurer of Board:
George Gillaspie.
15
Henry G. Stewart.
10
. Jacob Phillips.
24
William T. May
24
James G. Robinson
21
399
HISTORY OF LUCAS COUNTY.
thorized him to give notice of the "time and place of holding such elec- tion", not places.
On the tenth day of August, 1849, the commissioners chosen four days prior, met at the house of William S. Townsend on what is now known as the Badger farm at Chariton Point, where they proceeded to organize the "Board of County Commmissioners."
The required oath of office was administered by H. B. Notson, a lawyer and notary public of Albia, Monroe county, to which Lucas had been attached for election, revenue, and judicial purposes, who came over in company with W. G. Clark, also of that county, and one of the commis- sioners to locate the county seat, to aid in getting the civic machinery of the new county in running order.
The following are the proceedings of the first session of the board of county commissioners, which met at the house of William S. Townsend, at Chariton Point. This "Board" was invested with the management and control of the affairs of the county:
State of Iowa, Lucas County } ss.
August 10, 1849.
A special session of the board of county commissioners, held at the house of William S. Townsend, in said county.
Present: William T. May, Jacob Phillips, James G. Robinson, commissioners.
Ordered, By the board of county commissioners, that William H. Moore be appointed clerk pro tem of the board of county commissioners of said county.
Ordered, By the board of county commissioners, that H. B. Notson be paid the sum of eighteen dollars out of the first funds raised from the sale of town lots, for services rendered in organizing said county.
Ordered, By the board of county commissioners, that William H. Moore pro- cure the assessment roll of Lucas county, from the commissioners' clerk of Mon- roe county.
Ordered, By the board of county commissioners, that William H. Moore pro- cure suitable blank books for keeping the county records in.
Ordered, By the board of county commissioners, that the board adjourn to meet at the house of William S. Townsend on the second Monday in September, A. D. 1849.
WILLIAM H. MOORE,
Clerk pro tem of the Board of County Commissioners.
State of Iowa, Lucas County } ss.
September 10, 1849.
A special term of commissioners court. The board met pursuant to adjourn- ment at the house of William S. Townsend. Present: Jacob Phillips, William T. May, James G. Robinson.
Ordered, By the board of county commissioners, that the board adjourn till to-morrow morning at ten o'clock.
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HISTORY OF LUCAS COUNTY.
SEPTEMBER 11, A. D. 1849.
Board met pursuant to adjournment, and after issuing a number of or- ders, adjourned till the first Monday in October, A. D. 1849. At the regular term of the board of county commissioners, held in January, 1850, the county was, pursuant to law, first organized in one election pre- cinct, and divided into commissioners districts as shown by the following proceedings:
Ordered, That they organize the county of Lucas, and the attached territory west, into one election precinct, commencing at the southeast corner of Lucas county, thence west to the southwest corner of Lucas county, thence north to the northwest corner of Lucas county, thence east to the northeast corner of Lucas county, thence south to the place of beginning. The place of holding elections to be the county seat of Lucas county.
Ordered, That townships seventy-one, seventy-two, and seventy-three, range twenty, be organized into one commissioner's district; and townships seventy- one, seventy-two, and seventy-three, range twenty-one, be organized into one commissioner's district; and townships seventy-one, seventy-two, seventy-three, range twenty-three, be organized into one commissioner's district; said districts to be designated as follows: Townships seventy-one, seventy-two, and seventy- three, range twenty, shall be known as district number one. Townships seventy- one, seventy-two, and seventy-three, range twenty-one, shall be known as dis- trict number two. Townships seventy-one, seventy-two, and seventy-three, range twenty-three, shall be known as district number three.
Thus it will be seen that the first election precinct was established in January, 1850, with then but one voting place; and the county divided into commissioner's districts, from which only one of the three commis- sioners could be chosen. The county officers chosen at the first election, August 6, 1849, were duly installed in their respective offices, except James M. Brown, whom the first election returns show to have been chosen clerk of the board of commissioners, does not appear of record to have assumed the duties of the office; but William H. Moore, who was appointed in his stead, the first clerk, by the board, at its first or organizing session, served until January, 1850; when Wyatt W. Waynick appears to have been ap- pointed by the board in his place, and served until May 15th following, when he resigned, and Henry Allen succeeded him by appointment, and served until the session of August, 1850, when James M. Townsend was appointed and served until the session of October 23d following. Other- wise, those thus elected, discharged the functions of their several official positions, whose tasks were more difficult than that of their successors, because upon them devolved the work of organizing the various offices by way of records, system, and many other things incident to the organiza- tion of public offices.
COUNTY SEAT.
The board of commissioners being charged with the general manage-
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HISTORY OF LUCAS COUNTY.
ment of the affairs of the county-its financial interests and material up- building-its future prosperity depended largely upon the sagacity and wisdom of their action. Though the county was formally organized and its civic machinery in partial working order, subsequent to the first elec- tion, and the installation of its officers, in 1849; yet it owned no ground upon which it could erect its official buildings; notwithstanding the com- 'missioners chosen for that purpose, selected the spot where they now stand, and officially reported such action to the clerk of the district court of the county, the eleventh of September, 1849, and by whom it was re- corded.
On the first of February, 1850, the board of commissioners set about procuring a title to the ground previously selected for its future seat of justice, and which had but recently passed from its original owners-the Sacs and Fox Indians, to the United States.
James G. Robinson, one of the county commissioners, was, at the ses- sion of the board of January 19, 1850, empowered to enter the quarter of land the county seat is located on; and thus he purchased from one John Joppert, a military land warrant issued to him for military services, and when the land upon which Chariton stands came into market, the patent therefor was issued to Mr. Robinson as the assignee of the warrant. To secure a title to the county when he should get it himself, Mr. Robinson executed the following bond to the commissioners in behalf of the county:
Know all men by these presents:
That I, James G. Robinson, of Lucas county, State of Iowa, am held and firmly bound unto William T. May, Jacob Phillips and James G. Robinson, the board of commissioners of the county of Lucas, and State of lowa, and their suc- cessors in office, in the penal sum of one thousand dollars, lawful money of the United States, payment of which well and truly to be made, I do bind myself my heirs, executors, administrators and assigns firmly by these presents.
Witness my hand and seal this first day of February, in the year of our Lord, one thousand eight hundred and fifty.
The considerations are such, that, whereas, the said James G. Robinson has this day located military land warrant number 57,747, issued to John Joppert on the southeast quarter of the southeast quarter of section number nineteen; the southwest quarter of the southwest quarter of section number twenty; the north- west quarter of the northwest quarter of section number twenty-nine; and the northeast quarter of the northeast quarter of section number thirty, township number seventy-two, north of range number twenty-one west, lying in the said county of Lucas, and containing one hundred and sixty acres, in trust, and for the use of said board of commissioners in their corporate capacity. Now, if the said James G. Robinson, so soon as he shall obtain from the government of the United States for the said before described lands, a patent, shall convey the same 6
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HISTORY OF LUCAS COUNTY.
to the county of Lucas by good and sufficient deed of warranty, then this obli- gation to be null and of no effect, otherwise to be and remain in force and vir- tue.
(Signed) JAMES G. ROBINSON, [SEAL].
Signed, sealed and delivered in presence of
BERNHART HENN, GEORGE D. TEMPLE.
State of Iowa, Jefferson county { ss.
Be it remembered: That on this first day of February, A. D. 1850, before me, the undersigned, a notary public in and for the county aforesaid, personally appeared James G. Robinson, to me personally known to be the identical person who signed and sealed the foregoing bond, and acknowledged that he executed the same for the use and purposes therein set forth.
In testimony whereof, I have hereunto set my hand and affixed my seal notar- ial, the day and year above mentioned.
GEORGE D. TEMPLE, Notary Public.
Approved the within bond this second day of April, 1850.
JACOB PHILLIPS, - Commissioners of Lucas
WILLIAM T. MAY, County.
Recorded this fourth day of April, 1850.
SAMUEL MCKINLEY, Recorder of Lucas County.
It will be seen that this action on the part of Mr. Robinson was approved by the board of commissioners at their next meeting, April 2, 1850. Next following this step, was the issue of the patent by the United States to Mr. Robinson, as soon as the land in this section of the state was placed in market. It was issued to him in his individual capacity, as the assignee of the military land warrant from the soldier who earned it in the coun- try's service. As it is the first link in the chain of title to the soil of Chariton, which the United States acquired from its first real owners and possessors, the red men, it is an interesting document to transmit upon the pages of history to generations that will follow:
THE UNITED STATES OF AMERICA-UNITED STATES TO JAMES G. ROBINSON. To all to whom these presents shall come, greeting:
Know ye, that in pursuance of an act of Congress, entitled " an act to raise for a limited time an additional military force, and for other purposes," approved February 11, 1847, John Joppert, late a private in Captain Korpaway's company, Third regiment Missouri mounted voulunteers, having deposited in the general land office, a warrant in his favor, numbered 57,747. There is therefore granted by the United States unto James G. Robinson, assignee of said John Joppert, and to his heirs, the southeast quarter of the southeast quarter of section nine- teen; and the southwest quarter of the southwest quarter of section twenty; and the northwest quarter of the northwest quarter of section twenty-nine; and
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HISTORY OF LUCAS COUNTY.
the northeast quarter of the northeast quarter of section thirty, in township sev- enty-two, north of range twenty-one west, in the district of lands subject to sale at Fairfield, Iowa, containing one hundred and sixty acres, according to the of- ficial plat of the survey of the said land, returned to the General Land office by the Surveyor General; which said tracts have been located in satisfaction of the above mentioned warrant, in pursuance of the act of Congress above mentioned, approved February 11, 1847; to have and to hold the said tracts of land with the appurtenances thereof, unto the said James G. Robinson, and to his heirs and assigns forever.
In testimony whereof, I, Millard Fillmore, President of the United States of America, have caused these letters to be made patent, and the seal of the Gen- eral Land office to be hereto affixed.
Given under my hand at the city of Washington, the third day of April, in the year of our Lord, one thousand eight hundred and fifty-one, and of the inde- pendence of the United States the seventy-fifth.
By the President,
MILLARD FILLMORE.
[SKAL.] BY ALEX. W. MCCORMICK, Assistant Secretary.
Recorded vol. 78, pago 464.
E. S. DEWEY,
Recorder of the General Land Office. Filed for record June 5th, 1873, at 2 o'clock P. M.
J. B. SMITH, Recorder, Lucas County.
Mr. Robinson having now obtained his patent from the President of the United States, Millard Fillmore, thus confirming the title in him to the land upon which Chariton was then being built, he next executes and de- livers to the county of Lucas, in its corporate capacity, his warranty deed, in pursuance of the terms of his bond heretofore given, as he was bound to do, of which the following is a copy:
JAMES G. ROBINSON AND WIFE
TO LUCAS COUNTY,
DEED.
For the sum of two hundred dollars, we, James G. Robinson and Frances W. Robinson, wife of the said James G. Robinson, do hereby convey to the county of Lucas, and State of Iowa, the following tracts of land, situated in the county of Lucas, and State aforesaid, and described as follows: The southeast quarter of the southeast quarter of section number nineteen, and the southwest quarter of the southwest quarter of section number twenty, and the northwest quarter of the northwest quarter of section number twenty-nine, and the northeast quar- ter of the northeast quarter of section thirty, in township number seventy-two, north of range twenty-one west, containing one hundred and sixty acres; and we
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HISTORY OF LUCAS COUNTY.
warrant and defend the title to the aforesaid premises against all persons whom- soever.
In testimony whereof we have hereunto set our hands and seals this 10th day of October, A. D. 1851.
[SKAL.] [SEAL.]
JAMES G. ROBINSON. FRANCES W. ROBINSON.
State of Iowa, Lucas County, } ss.
On this 10th day of October, 1851, before me, Elijah K. Robinson, justice of the peace in and for said county, personally appeared James G. Robinson, and Frances W. Robinson, his wife, to me personally known to be the persons de- scribed in, and who signed the within deed as parties thereto, and acknowledged the same for the uses therein mentioned, and the said Frances W. Robinson, after being made acquainted with the contents of said deed, acknowledged, on a pri- vate examination by me apart from her husband, that she signed the same and relinquished her dower in the real estate therein mentioned, freely and volun- tarially, and without any fear or compulsion from her said husband.
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