USA > Iowa > Madison County > History of Madison County, Iowa, and its people, Volume I > Part 5
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lowa was strongly democratic up to the Civil war, so that it is not strange that Ephraim Bilderback, organizing sheriff, was of this political faith. He was shy, however, on education and political finesse, but his delinquencies in these respects were met and overcome by his astute deputy, A. D. Jones, also a democrat, who was not only a man of education and of good lineage, but also at the time, "easily the smoothest person in politics in the whole county until he left in 1853." It was Jones who, so it is said, organized the county, maneu- vered the election so that his henchmen should predominate in the county gov- ernment, and one of his ambitions was to have the seat of justice located at "The Narrows," or Tileville, on property owned by him. In this he was far from being successful, but the election itself resulted mainly in favor of the democrats and the "boss" was satisfied. Below is given the result of the organiz- ing election and the names of those elected to office :
SHERIFF
Ephraim Bilderback (D) 38
Samuel Guye (D). 30
CLERK OF DISTRICT COURT
George W. McClellan (W) 47
Samuel B. Casebier (D) . 13
PROSECUTING ATTORNEY
Alfred D. Jones (D). .39
CORONER
Leonard Bowman (W) 47
COUNTY COMMISSIONERS
William Combs ( W) .40
David Bishop (D)) .. .41
William Gentry (D) .. 4,3
Daniel MeKinzie ( W) 3
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FIRST FIVE VOTERS IN MADISON COUNTY
Voted at the election held August, 1847, in "Black Oak Grove pre- cinet." Back row: Philip M. Boyles; Joel M. Clanton. Front row: John R. Beedle; James Guye; George W. Guye
AS
SILL K
L
31
HISTORY OF MADISON COUNTY
Win. Allcock (D) .. 7
John C. Casebier (D) IO
Mathew Jones (D). 5
Henry McKinzie (W) 39
COMMISSIONERS' CLERK
Philip M. Boyles (D) .. 35
James Thornbrugh (D) .. 34
George W. McClellan (W)
I
PROBATE JUDGE
William M. Phipps (W) 48
Philip M. Boyles (D) . I
RECORDER
Joseph K. Evans (D)
IO
Joshua Hinkley (W) . 9
SURVEYOR
Alfred D. Jones (D). 36
William Harmon ( W) .9
SCHOOL FUND COMMISSIONER
Daniel Vancil (D)
8
David Cracraft (W). 7
SEALER OF WEIGHTS AND MEASURES
Samuel Fleener (D)
I
SELECTION OF THE COUNTY SEAT
There is nothing to show that anything had been done up to this time in the way of selecting a location for the seat of government, notwithstanding the fact that by the provisions of an act passed by the Legislature on December 27, 1848, a commission had been appointed for that purpose. The men so chosen were Thomas Butler, of Dallas County, George Gillaspy, of Marion, and Isaac Cooper, of Polk, but there is a strong probability that Cooper did not serve, as only two of the commission, Butler and Gillaspy, signed the report afterwards filed with the clerk of the Commissioners' Court. There were no bickerings, wire pulling, or underhand methods used as far as now known, in persuading the commission to select this or that site for the county seat. Their choice was in the exact center of the county, having requisite features and attractions for the purposes of the settlers at that time and the generations to follow them. The location of Winterset for the capital of Madison County was well chosen
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HISTORY OF MADISON COUNTY
and the only adverse criticism advanced is the lack of proper railroad facilities, by which the people of the outlying districts might reach the place. No effort to wrest the prize from Winterset has ever been made with any degree of hope of success.
After the locating commissioners had selected Winterset, Judge E. R. Guiber- sont started a petition for the relocation of the county seat. This was late in the fall of 1849. Ile wanted the county seat relocated on or near the northwest quarter of section 33, in what is now Union Township, and adjoining a quarter section of land he owned in that community. Guiberson worked hard on his petition and finally secured about fifteen signers. His contention was that the proposed new location was nearer the center of the settlements and was a more eligible tract of land in every way for the county seat, but he was unsuccessful in convincing a sufficient number of the settlers that his proposition was a good one. He soon abandoned the scheme and sold his claim.
The county seat of Madison County was not chosen for almost six months after the county was organized, and why so long a time had been permitted to pass without the accomplishment of this most necessary act does not appear by any data now at hand. However, Winterset was selected as the seat of govern- ment by Thomas Butler and George Gillaspy, locating commissioners, on the 20th day of June, 1849, as the following exact copy of their report, filed with the commissioners' clerk, P. M. Boyles, attests :
"State of lowa ? Madison County
"We the undersigned commissioners appointed by the first section of an act of the General Assembly of the State of Jowa for the location of the seat of justice of Madison County approved December 27, 1848, and after being sworn agreeable to the provisions of said act and after examining the situation of said county taking into consideration the future as well as the present population of said county do hereby establish and locate the seat of justice of said county upon the west half of the southwest quarter of section thirty-one, township seventy-six, range twenty-seven west, and the east half of southeast quarter of section thirty-six, township seventy-six, range twenty-eight west in the district of land subject to sale at lowa City, Jowa, in said state.
"In witness whereof we have hereunto set our hands and seals at the place of location this 20th day of June, A. D. 1849.
"Thomas Butler (Seal) } Locating "George Gillaspy (Seal) ( Commissioners."
The Commissioners' Court met in regular session on the second day of July, 1849, but nothing appears of record in the minute book of that body bearing on the report of the locating commissioners. It is plainly evident, however, that the report had been filed, and the matter placed before the commissioners, as the following clearly shows ;
Ordered. That the county surveyor of Madison County proceed as soon as con- venient to lay off the seat of justice of said county, as follows: He shall lay off about eighty acres of the quarter located on as nearly as possible, extending it one half mile east and west and one-quarter of a mile north and south as
33
HISTORY OF MADISON COUNTY
nearly as circumstances will admit of, making the square as nearly as can be equally surround a stake set by the commissioners of said county, as the center of the public square of said seat of justice.
Ordered, That the lots in the seat of justice shall be in length 132 feet north and south and 66 feet east and west. Alleys shall be laid out, running east and west through every square of one rod in width so as to divide the blocks equally, except the alleys of the two squares one on the east and the other on the west side of said public square, which shall run north and south. The streets shall be sixty-six feet in width running at right angles north and south and east and west through the length and breadth of said town, and said surveyor shall do all other work necessary to be done about said plat as is usual in said cases.
Ordered, That William Gentry be authorized to employ some person to make Soo stakes, 3 feet in length, 21/2 inches square, and haul said stakes on to said town plat as may be directed by said surveyor, said stakes to be made of burr or white oak timber and sound, square at the top and sharp end equally, so as to drive.
Ordered, That P. M. Boyles, William Gentry, William Combs, David Bishop and Enos Berger be employed to assist said surveyor in the surveying of said lots.
Ordered, That the county seat of Madison County be called Winterset.
Ordered, That A. D. Jones be requested to write an advertisement for publi- cation of the sale of lots in the town of Winterset, and that it be sent to the Iowa Star for publication.
Ordered, That Charles Wright be employed to carry it to Fort Des Moines, to the office of said paper, for which he will be allowed the sum of $1.25, and that said notice shall be taken to said paper by Tuesday night next.
Ordered, That the terms of sale of said lots shall be one-fourth cash in hand, and the balance in three installments of six months each, which shall be dis- charged by notes of equal size, given to the board of commissioners, who will, in turn, give a certificate of purchase to the buyer, which shall be presented to said board for a deed when said land shall have been purchased from the general Government, and said notes discharged by said buyer.
Ordered, That means be taken to borrow $150 for the purpose of entering the town quarter.
Ordered, That E. R. Guiberson be authorized and empowered to effect a loan of $150 for the purpose of entering the quarter on which Winterset is situ- ated, and that he be authorized and empowered to execute notes or other instru- ments of writing necessary to obtain said sum of money, and to assign our names to such instruments.
NAMING OF THE COUNTY SEAT
There is more than one account of how the county seat came by its name. One account has it that when the county commissioners met, after the locating commission had made its report on the selection of a site for the county seat, that the commission had chosen the name of Independence for the capital, to which the Commissioners' Court objected, as there was another town of the same Vol. 1-3
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HISTORY OF MADISON COUNTY
name in the state. It was thereupon suggested that Summerset would be a pleas- ing name, but it being in December and the weather very cold, one of the com- missioners recommended Winterset as being a more appropriate name, and the clerk being requested to write the word Winterset to see how it would look, it appeared attractive on paper and the name was adopted. This, however, does not tally with A. D. Jones' recollection of the circumstances, by and under which, the county seat was named. Among other events related by him in an article published in the History of Madison County ( 1879), he has this to say in relation to the subject :
"Combs, Bishop and Gentry were the first county commissioners. The locat- ing commissioners were Babbitt, Gillaspy and Bond, who located the county seat, and I think called it 'Independence,' to which name I took exceptions and suggested that the name be not accepted by the county commissioners. I gave as reasons that there were other towns in the state by that name, and that it would produce confusion in our mail matter, together with other plausible arguments.
"The commissioners concluded not to accept the name. Then came the dif- ficulty to obtain a suitable name for the new town. To all names offered a negative was given and they were numerous I assure you. At last some person suggested Summerset as the name, to which Bill Combs, who was lying down on a bench, roused up, and quite petulantly remarked that you had better call it Winterset,' in derision, for we had a terrible scourge with the deep snow that winter. I at once suggested that would be a good name. Then Combs took exceptions to that, for he said it would prevent persons from coming to a country that was so cold, that they adopted cold names for their towns. I examined the postal register and found nothing like it except Winterseat in the State of North Carolina. 1 commenced urging the name and writing it and sticking it upon the wall, until I got them familiar with it, when the commissioners adopted and recorded it."-[The explanation of Jones seems to be generally accepted as the correct one .- Editor.]
SYSTEMS OF COUNTY GOVERNMENT
In the act to divide the Territory of Wisconsin and to establish the terri- torial government of Iowa, Congress extended over the new territory the exist- ing laws of Wisconsin, "so far as the same are not incompatible with the pro- visions of the act of separation." This measure was but a provisional one, however, subject to be altered, modified or repealed by the governor and legis- lative assembly of Iowa. A law of Wisconsin Territory, approved December 20, 1837, had established a board of county commissioners in each county and this was the law of lowa Territory until December 14, 1838, when the Terri- torial Legislature passed a similar law. Under this measure the boards of county commissioners administered the government of their respective counties until the adoption of the Code of 1851. Their duties were multifarious and they wiekled immense power within the county. In 1851 the county judge was invested with the usual powers and jurisdiction of county commissioners and of a judge of probate. The old county judge system continued to be the law
.
ALFRED D. JONES
Born in Philadelphia, Pennsylvania, January 30, 1814: moved to Ohio, where he was educated: came to Polk County, Iowa, in 1546: was elected county surveyor and in July, 1846, platted the original Des Moines. Came to Madison County in June, 1848, settling at the "Nar- rows" near Tileville, where he opened a store. He was the first postmaster in this county, calling the office at his store "Montpelier." Assisted Sheriff Bilderback to organize the county and was chosen county surveyor and prosecuting attorney at first election, January 1, 1849. Laid out Winterset in 1849, Council Bluffs in 1852, and Omaha in 1954. Became first mayor of Omaha.
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HISTORY OF MADISON COUNTY
of the state after the abolishment of the Commissioners' Court in 1851 until the Eighth General Assembly passed what was popularly known as "the county supervisor law," which was included in the revision of 1860. This provided for a board of supervisors, consisting of one from each civil township, to which was committed the administration of county affairs. This law remained on the statute book until the adoption of the Code of 1873, when the number was reduced to three persons in each county except in specified cases, when it could be increased to five or seven. With this amendment, the county supervisor law has remained with no material change until the present time. The business affairs of Madison County were commenced while the county commissioners system was in operation, and the proceedings of that body are given in the next chapter.
CHAPTER V
PROCEEDINGS OF THE COMMISSIONERS' COURT
The first meeting of the Commissioners' Court, composed of three persons whose powers and duties were similar to those of the present board of super- visors, was in a double log cabin, that stood near where the Tileville side track was laid, east of Winterset. No effort had as yet been made for the location of the county seat, but at the meeting of the Legislature in 1848, a commission of three persons was selected for the purpose, whose members failed to perform the duties imposed relative to the location of a seat of justice for Madison County, until late in June of the year 1849. Thus it was that Madison County had no capital town during the first six months of its political existence.
The object of this chapter is to present to the reader the proceedings of the first legislative body and business agency of Madison County. The acts and enactments of the Commissioners' Court were of exceeding importance to the new community, as they were the foundation stones upon which the local gov- ernment and prosperity of the county were founded. The records of the Commissioners' Court, as kept by its clerk, or a deputy, indicate in a way the important matters passed upon by that body ; a faithful abstract of these records is here produced :
Jan. 9, 1849.
Ordered, that William Sturman and Leonard Bowman be accepted as security for John R. Beedle, constable elect, in the bond of $500.
Ordered, that John Butler and Samuel B. Casebier be accepted as security for Daniel Chenoweth constable elect, in a bond of $500.
Ordered, that Ephraim Bilderback, and George W. MeClellan be accepted as security for Alfred D. Jones, county surveyor elect, in a bond of $500.
Ordered, that all that part of said county which lies north of a line commenc- ing at a Government survey stake on the west line of said County, which is situated two miles north of the center of the County aforesaid, running thence easterly to the head timbers of the Howerton Branch, thence casterly to the head of Cedar creek, thence down the main channel of said Cedar Creek until it crosses the Range line between Ranges 26 and 27 West, thence on a direct east line to the East line of said County, shall constitute and be styled Union township, and the place of holding the first election in said township shall be at the home of Leonard Bowman.
Ordered, that all that part of said County which lies south of Union township in the county aforesaid and east of a line commencing at a ford where said Cedar creek crosses the Range line between Ranges 20 and 27 West, running
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HISTORY OF MADISON COUNTY
thence south to the main channel of Middle river in said county, and also all that part of said county which lies south of the main channel of said Middle river until it reaches the mouth of the large branch lying between Samuel Fleener and John Wilkinson, thence up said Branch until it reaches the main prairie divide, thence Westerly on said divide until it reaches the west line of said County, shall constitute and be styled South township and the place of holding the first election in said township shall be at the house of Nathan Viney.
Ordered, that all that part of said county lying between Union and South townships in said county shall be constituted and styled Center township, and the place of holding the first election in said township shall be at the house of William M. Phipps.
Ordered, that Union township in said county shall constitute the first Com- missioners' district in the County aforesaid.
Ordered, that Center township in said County constitutes the second Commis- sioners' district in the county aforesaid.
Ordered, that South township in said County constitutes the third Commis- sioners' district in the County aforesaid.
Ordered, that Court adjourn until Io o'clock tomorrow morning.
Ordered, 10 o'clock, Feb. 20 inst., Court met pursuant to adjournment.
Ordered, that the account of Alfred D. Jones in amount $10.13 be allowed for services as deputy organizing sheriff of said county.
Ordered, that the account of David Bishop in amount $2.50 be allowed for two days service as County Commissioner at this term.
Ordered, that the account of William Gentry in amount $2.00 be allowed for two days services rendered as County Commissioner at this term.
Ordered, that the account of William Combs in amount $2.00 be allowed for two days service rendered as County Commissioner at this term.
Ordered, that the account of P. M. Boyles in amount $2.00 be allowed for two days services rendered as Commissioner's Clerk at this term.
Ordered, that the place of holding the next regular session of the Commis- sioners' Court for said County shall be at the house of Porter Roberts in said County.
Ordered, that Court adjourn.
Attest, Philip M. Boyles, William Combs. } William Gentry, David Bishop.
County Com's.
Commissioners' Court, Madison County. Iowa, special term, February the 19, 1849.
In pursuance of previous notice being given, the commissioners of said county met at the house of Alfred D. Jones in the county aforesaid on 19th day of February, inst.
Present Commissioners David Bishop, William Gentry, William Combs, Commissioners' Clerk P. M. Boyles. A. D. Jones Prosecuting Attorney and Ephraim Bilderback Sheriff of said County.
The following orders were then made by said Commissioners and required to be placed upon the records of said County, viz :
.
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HISTORY OF MADISON COUNTY
Ordered, that John Butler and Andrew Evans be accepted as security for Philip M. Boyles, Commissioner's Clerk elect, in a bond of $2,000.
Ordered, that all accounts presented to this Court for payment shall be in writing and shall contain a bill of the several items which constitutes said account.
Ordered, that the several county officers of said County, except the Probate Judge, are hereby authorized to procure such books and stationery as may be necessary in the discharge of their respective official duties at the expense of the aforesaid county.
Ordered, that the following shall be the form of the County orders to be issued by said Commissioner's Clerk, to wit :
No. 5 Com'rs Office
State of lowa
Madison County $1.00 Jan. term 1849
Treasurer of said county pay to Alfred D. Jones, or order, one dollar for stationery furnished the Com'rs Clerk out of any money in the treasury appro- priated for county expenditures. By order of the Commissioners of said County. Attest, Philip M. Boyles.
SECOND MEETING
Ordered, Commissioners' Court, Madison County, lowa, regular term, April the 9, 1849.
Met according to law at the house of Porter Roberts in said county. Present, Commissioners David Bishop, William Combs, William Gentry ; Commissioners' Clerk, P'. M. Boyles; A. D. Jones, Prosecuting Attorney, and Ephraim Bikler- back sheriff of said county.
Ordered, that John R. Short and William M. Phipps be accepted as surety for Ephraim Bilderback, Assessor Elect, in a bond of $500.00.
Ordered, that the account of Alfred D. Jones in amount of $15.00 be allowed for services rendered as Prosecuting Attorney of said county as per bill on file.
Ordered, that the account of P. M. Boyles in amount $14.41 be allowed for services rendered as Commissioners' Clerk of said County.
Ordered, that the account of Ephraim Bilderback in amount of $5.121/2 bc allowed for services rendered as Sheriff of said County.
Ordered, that the account of P. M. Boyles in amount $1.00 be allowed for one day attending Com's Court at this term as Com's Clerk.
Ordered, that the account of Ephraim Bilderback in amount of $1.00 be allowed for one day attending Com's Court as Sheriff this term.
Ordered, that the account of William Combs in amount $1.oo be allowed for one day services rendered as County Commissioner at this term.
Ordered, that the account of David Bishop in amount $1.25 be allowed for one day's services rendered as County Commissioner at this term.
Ordered, that the account of William Gentry in amount $1.00 be allowed for one day's services rendered as County Commissioner at this term.
Ordered, that the place of holding the first District Court of Madison County will be at the house of Enos Berger in said County.
Ordered, that the place of holding the next regular term of the Com's Court will be at the house of Enos Berger in said County.
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HISTORY OF MADISON COUNTY
Ordered, that Court adjourn.
Attest : P. M. Boyles.
William Combs -
David Bishop William Gentry |
County Com's.
Ordered, Com's Court, Madison County, Iowa, regular term, July the 2, 1849. Met according to law at the house of Enos Berger in said County.
Present, Com's David Bishop, William Combs, William Gentry ; Com's Clerk. P. M. Boyles and Ephraim Bilderback, sheriff of said County.
Ordered, that Court adjourn till 2 o'clock P. M. 2 o'clock inst. Court met pursuant to adjournment.
Ordered, that the present assessment list of Madison County, Iowa, be received for the year 1849.
Ordered, that Court adjourn till 8 o'clock tomorrow morning.
8 o'clock inst. Court met pursuant to adjournment.
Ordered, that there be a tax levied of 4 mills to the dollar for county purposes and 2 mills and a half to the dollar for state purposes and one mill to the dollar for school purposes.
Ordered, that the Com's Clerk shall make out a tax list to the treasurer and issue a warrant to said treasurer for collection.
Ordered that the Com's clerk shall make out an abstract of the assessment list which abstract shall contain the number of polls, the amount of real estate and the amount of personal property, which abstract he shall forward to the Auditor of State.
Ordered. that the account of P. M. Boyles in amount $3.29 be allowed for serv- ices rendered as Com's Clerk of said County.
Ordered, that the account of P. M. Boyles in amount of $3.22 be allowed for services rendered as Com's Clerk of said County.
Ordered, that the account of Enos Berger in amount 45 cents be allowed for stationery furnished said county previous to this term.
Ordered, that Court adjourn till I o'clock P. M.
I o'clock inst. Court met pursuant to adjournment.
Ordered, that the account of E. Bilderback in amount $4.00 be allowed for services as Sheriff of said County.
Ordered, that the county surveyor of Madison County proceed as soon as con- venient to lay off the Seat of Justice of said County as follows: He shall lay off about eighty acres of the quarter located on as nearly as practicable, extending it one half mile east and west and one quarter of mile north and south, as nearly as circumstances will admit of making the square and as nearly as can be equally around a stake, set by the Com's of said County, as the center of the public square of said Seat of Justice.
Ordered, that the lots in the Seat of Justice shall be in length 132 feet north and south and 66 feet east and west ; alleys shall be laid running east and west through every square of one rod in width so as to divide the blocks equally except the alleys of the two squares, one on the east and the other on the west side of said public square which shall run north and south ; the streets shall be
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