USA > Iowa > Palo Alto County > History of Palo Alto county, Iowa > Part 5
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1 See sketch of "Early Days on the West Fork," by Ambrose A. Call in Algona Upper Des Moines, August 15, 1906.
61
EARLY SPECULATIVE COUNTY-SEATS
possibility. The frost finally cracked the walls of the old court house so badly that " the settlers considering it dan- gerous to their stock which congregated inside to fight away the flies, made a bee and tore it down."1 Later the bricks were hauled away and a few years afterward no trace remained on the prairie of the once loudly heralded town of Paoli, the county-seat of Palo Alto County.
1 "Early Days on the West Fork," by Ambrose A. Call.
CHAPTER VIII
The Political Organization of the County
No community of people can long exist without the formation of some sort of local government. That " man is by nature a political animal " is as true in our age as in the time of Aristotle. The early settlers in various parts of Iowa felt that the territorial or state government was too remote or too inefficient to help them, so they formed " claim clubs " to protect their lands from claim jumpers and their homes from frontier violence,1 and these same clubs were the first law and order organizations in the new country.
The early settlers of Palo Alto County began to feel the need of a county organization, soon after they had become permanently settled in their new home. That portion of Northwestern Iowa had been a part of the original Fayette County established in 1837 by the Territorial Legislature of Wisconsin, and after Iowa Territory was formed was continued under the name until 1847.2
The 3rd General Assembly of the State of Iowa passed an act establishing forty-nine new counties, this act hav- ing been approved January 15, 1851.3 Palo Alto County was in the list and the boundaries then imposed have ever since remained unchanged. The events of the Mexican
1 See the author's "Early Social and Religious Experiments in Iowa," in the January, 1902, number of Iowa Historical Record, and works there eited.
2 Journal Wisconsin Territorial Legislature. See also an excellent series of articles on the establishment and boundaries of the Iowa counties, by Prof. Frank H. Garver, Iowa Journal of History and Politics, July, 1908, January, 1909, and July, 1909.
3 Laws of Iowa, 1850-51, p. 27.
THE POLITICAL ORGANIZATION OF THE COUNTY 63
War were still fresh in the minds of the legislators, and they named this county after the memorable battle of Palo Alto.1
The northwest part of the state was, however, still un- settled, and so for governmental purposes the county of Palo Alto was attached to Boone County in 1853.2 In 1855 it was attached to Webster County " for election, judicial and revenue purposes." 3 It thus remained as a part of Webster County until a separate county organization was established in 1858. This was an uncertain and unsatis- factory arrangement for the early settlers of the county, and gave rise to much inconvenience and some litigation. One case over a land title was carried to the Supreme Court, which decided that a conveyance of lands in Palo Alto County made in the year 1857 was properly recorded in Webster County, and that such record was constructive notice to a subsequent purchaser after the organization of Palo Alto County.4 It is easy to see what a continuing train of difficulties would follow such dual allegiance, as well as the trouble incident to traveling such a distance to the county-seat.
In 1858 the settlers took definite steps towards organiz- ing a county government. An election was held October 2, 1858, but as the necessary preliminaries had not been taken, it proved illegal. The settlers then drew up a peti- tion and sent it to Fort Dodge. Luther L. Pease, then county judge of Webster County, granted the petition, and called an election to be held Dec. 20, 1858. This was the first regular election held in Palo Alto County. James Hickey and James Nolan were the election judges and the voting was done at Thomas Downey's cabin for the north-
1 The battle of Palo Alto was the first decisive victory of the Americans in Mexico, May 8, 1846.
2 Acts 3rd General Assembly, Laws of Iowa, 1853.
3 Acts 5th General Assembly, Laws of Iowa, 1855, chap. 142.
4 Meagher vs. Drury, 89 Iowa, 366.
64
HISTORY OF PALO ALTO COUNTY
ern settlers and at Wm. Carter's cabin for the settlers in the southeast of the county. All the settlers in the county were Democrats, but the campaign was spirited on person- al issues and soon developed a factional fight. The Hick- eys and Nolans became bitter rivals. Ed Mahan went down to West Bend to work for James Nolan and Elias Downey for James Hickey. The Carter colony people all voted for Hickey, while the McCormicks voted for Nolan. This alignment turned the tide in favor of the "Hickey party " and elected their entire ticket.1
The canvass of the election board showed that there were 44 votes cast with the following result :
County Judge-James Hickey 27, James Nolan 17.
Clerk District Court-Felix McCosker 27, Martin Coonan 17.
Treasurer and Recorder-John Mulroney 27, Martin Laughlin 17.
Drainage Commissioner -John Shea 27, Robert Ship- pey 17.
County Surveyor -James McCosker 27, James Ship- pey 17.
Coroner-Orrin Sylvester 23, Jerry Crowley 17.
Sheriff -Thomas H. Tobin 28.2
All of these officials were elected for the term of one year. It is noticeable that all the candidates were from the Irish colony or near by and that the south part of the county was not represented among the county officers. The county appears to have been divided into two districts, Palo Alto township and Cylinder township, and as there were two voting places this division was at first evidently
1 These facts as to this first election were given me by James Hickey, and A. B. Carter. The memory of each is marvelously clear as to dates and events of the early county organization in which they took such promi- nent parts. See also Register of Elections, vol. i, county auditor's office.
2 Register of Elections, vol. i, pp. 8 and 9; office of county auditor, Palo Alto County, Iowa.
THE POLITICAL ORGANIZATION OF THE COUNTY 65
for election purposes, as well as for administrative con- venience.1
In addition to the county officers, the following local officials were elected at the same time :
Joseph T. Mulroney and John Nolan were elected con- stables, and Lott Laughlin township clerk, for Palo Alto township for one year.
Samuel McClelland was elected constable and township trustee, and Wm. D. Powers clerk for Cylinder township for one year.
James McCormick and Wm. D. Powers were elected justices of the peace for Cylinder township for two years, and Thomas H. Tobin and John Pendergast were elected justices of the peace for Palo Alto township for two years.2
Thus the new county was provided with a full set of of- ficers. The county judge was the most important of these, as at that time the county judge was the executive, legis- lative and judicial branches of the county combined. He performed all the duties that are now discharged by the board of supervisors, had powers now exercised by the district court in its probate and county jurisdiction.3 be- sides having most of the duties now performed by the county auditor and county attorney. As the local court, he had extensive judicial powers, he made all contracts, and controlled the affairs of the county ; as financial head, he levied the taxes and controlled their collection, and he alone had power to expend the county funds. He also had custody and control of all county property and had large powers as to submitting questions to vote and calling elec- tions. The county judge, in short, controlled absolutely
1 There is no official record of such division or the boundaries of these two townships, but the Register of Elections, vol. i, p. 4, shows certificate of election of justices of the peace, township clerks and other officers, Dec. 20, 1858, for both "Palo Alto Precinct" and "Cylinder Precinct." 2 Register of Elections, vol. i, pp. 3 and 4; auditor's office.
3 Code, 1851, chap. xv.
66
HISTORY OF PALO ALTO COUNTY
the general policy of the county and was in a position to be an absolute dictator. Such concentration of power in the hands of one man may have been conducive to efficiency, but it was a dangerous tendency. It was an unusual sys- tem of local government introduced in Iowa by the Code of 1851 and lasted until 1860 when a board of supervisors was provided to take over the administrative powers.1
With such broad and absolute powers we can readily see that much would depend upon the character of the man elected to the office of county judge. If he were extrava- gant or arbitrary or dishonest, he could do incalculable harm to the county and its people. On the other hand, if honest and able, he would be in a position of authority that would do much to guide and encourage a healthy develop- ment of the community.
James Hickey was the man selected by the settlers of our county as the first county judge. It was a position of honor and power and so well did Judge Hickey perform the duties of the office that he was re-elected and served until 1861. He was a competent official and kept the records in good order and was fair and impartial in dis- pensing frontier justice.2
The other officers were sworn in before Judge Hickey and were ready to perform the duties of their offices. De-
1 Laws of Iowa, 1860, chap. xlvi; 46; Revision 1860, sec. 303.
2 In a personal letter to the author under date of July 6, 1906, the late Charles Aldrich, founder of the Historical Department of Iowa, said: " In the summer of 1858 Cyrus C. Carpenter, afterwards governor of the state, and I journeyed together to Spirit Lake. I was going there on a matter of business, and my young friend Carpenter went with me to show me the way, as the road for the most part was but a dim trail. We were six or eight days on this expedition. In Palo Alto County we stayed all night with Judge Hickey, who lived in a log cabin. I remember that the Irish family were a people of very considerable intelligence. They were cer- tainly very hospitable and ministered to us as far as their resources permit- ted. In those days I traveled considerably through Northwestern Iowa, staying with the settlers whenever night overtook me, but I have today no pleasanter recollections of entertainment than those connected with the home of James Hickey."
THE POLITICAL ORGANIZATION OF THE COUNTY 67
cember 29th Judge Hickey ordered the books for county records and Thos. Maher was allowed $15.00 for hauling the books, papers, seals, etc., from Fort Dodge.1 We can imagine that these frontier officials did not find their du- ties burdensome, and that each officer found ample room in his own cabin for the records of his office, during these early days.
The county had no sooner been organized than C. J. McFarland, judge of the 5th Judicial District of Iowa, ap- pointed Cyrus C. Carpenter of Webster County, John C. Straight of Pocahontas County, and William P. Pollock of Webster County, to locate the county-seat of Palo Alto County. The instructions to the commissioners were " to locate said county-seat as near the geographical center as may be, having due regard for the present as well as the future population of said county."? In accordance with these instructions the commissioners met and on January 3, 1859, they located the county-seat on the north half of section 6, township 95, range 32, on the town plat of Paoli.3 This was the visionary county-seat whose history has al- ready been recorded in the last chapter.
On December 29, 1858, James Hickey, county judge, having previously advertised for bids, entered into a con- tract with Andrew Hood of Webster County, the lowest bidder, by the terms of which Hood was to select and sur- vey the swamp and overflowed lands of the county, and make full maps and plats of same. He was to receive four and one-half cents per acre therefor, payable in bonds of the county on certain terms prescribed in said contract.4
1 Minute Record, Palo Alto County, vol. i, p. 5, auditor 's office. This rec- ord book was thus designated until the Board of Supervisors took charge. Thereafter the same book was used and known as Minute and Supervisors' Record of Palo Alto County, vol. i.
2 Minute Record, Palo Alto County, vol. i, p. 1.
3 Minute Record, Palo Alto County, vol. i, p. 2.
4 Minute Record, Palo Alto County, vol. i, p. 11. The record is also supplemented by statements of Judge Hickey.
68
HISTORY OF PALO ALTO COUNTY
Accordingly Mr. Hood proceeded to select, classify and survey the so-called swamp land of the county.
Under the law of the state at that time, these swamp lands could be sold and the proceeds used by the county for erecting public buildings. In order that the county might have a court house and other public improvements, Judge Hickey entered into a contract with William E. Clark of Baltimore, Md., to build a court house and school house at Paoli and two county bridges across the river, in return for which the county was to deed him the swamp lands.1
The contract with regard to the court house called for a brick building, 36 x50, two stories in height, of very plain construction, using brick made in the vicinity. It was to be heated by stoves. The building was to be divided by partitions on the first floor into a hall and four offices for the county officers. Above was the court room furnished with " seating made of good planks oiled and varnished."
The school house was to be a one-story structure, built of brick, 20 x 24 feet in size, with twelve-light windows. The contract also covered two county bridges over the river, one near section 7-95-32, and the other near section 21-94-31.
Judge Hickey on December 19, 1859, issued a proclama- tion calling a special election, in accordance with the pro- visions of sections 114 and 115 of the code of 1851 and acts subsequent thereto, to determine whether or not the county would approve of deeding the swamp lands to build public improvements.2 It was the general custom among the counties in the northern part of the state to do this, as it would provide adequate public buildings and other im- provements without the necessity of bonding the county or saddling a heavy debt upon the people who were not able
1 Minute Record, Palo Alto County, vol. i, pp. 25-40.
2 Minute Record, Palo Alto County, vol. i, pp. 35-40.
THE POLITICAL ORGANIZATION OF THE COUNTY 69
in those times to bear any such burden. The vote was therefore favorable and approved the contract.1 This contract was assigned to John M. Stockdale, who was the real party in interest, but who did not want his name con- nected with these matters at first.
The contractor began work, but as labor was scarce there was considerable delay, and an extension of time was finally granted .? The court house was poorly built and when almost completed it fell down, and was rebuilt one- half as large as the original specifications called for. Court was held in this court house for a year or two, the judge, lawyers, court officers, jurors, and witnesses going two or three miles to the nearby settlers for their meals and night's lodging, as there was nothing but a school house at Paoli besides the court house. But the lone court house with scarcely any furnishings, was bleak and dreary at best, and one cold winter day, when the old cracked stove refused to heat and the clerk said his fingers were too cold to write in his docket, the judge ordered the sheriff to find new accommodations for the court, and thereafter court was held in a more comfortable house wherever con- venient and the old brick court house fell into decay.
It was unfortunate that the site chosen for the county- seat did not prove permanent, as the county in fact got lit- tle use out of the public buildings, paid for by land which then was of little value, but now is being drained and made into valuable property. It is a curious example of the per- versity of fate.
Before we pass on, the following verbatim copy of speci- fications for a bridge, which was contracted for in Decem- ber, 1859, for the road crossing Silver Creek, may perhaps prove of interest to those wishing to know something about pioneer bridge building :
1 See chapter vii.
2 Minute Record, Palo Alto County, vol. i, p. 58.
70
HISTORY OF PALO ALTO COUNTY
" Specifications - The bridge is to be 19 feet long, in- side of sills, the stringers 4 in number, to be each 23 feet long of good sound logs, dressed on the upper side so as to allow the floor to lay flat upon them. The width of the bridge to be 16 feet and the flooring of the same to be of two sets of split puncheon, each puncheon to be pinned down with 1/2-inch pins on two stringers, the pins to be drove so that their points shall converge. The abutments are to be of height sufficient to bring the floor to the level of pins drove in each end of the bridge. And the ground on each end of the bridge to be filled up so as to bring the roadway to the same level as the bridge." 1
The appointive power of the county judge was called into use several times during the year 1859. The county clerk elect, Felix McCosker, having left the county and failed to qualify, Judge Hickey on January 8, 1859, ap- pointed Thomas Maher in his place.2 Mr. Maher qualified and held office until he resigned shortly before the election of 1859, and Michael O. Hickey was appointed as clerk until the time of the election.3 On July 1, 1859, Andrew Hood was appointed county surveyor.4
On the first Monday in May, 1859, the record shows that Judge Hickey appointed Michael Mahan assessor of " Palo Alto township."" This act is of considerable sig- nificance, as it indicates the development of the local gov- ernment. The assessor is the first local officer who comes into close touch with all the people of the community. It is the first step in the levying and collecting of taxes, and thus is one of the important elements in self-government.
On October 11, 1859, occurred the first state election in which the settlers of the county had been privileged to
1 Minute Record, Palo Alto County, vol. i, p. 20, auditor's office.
2 Register of Elections, vol. i, page 2; statement of Judge Hickey.
3 Register of Elections, vol. i, p. 10.
4 Register of Elections, vol. i, p. 10.
5 Register of Elections, vol. i, p. 10.
THE POLITICAL ORGANIZATION OF THE COUNTY 71
participate. Forty-seven votes were polled in the county, three more votes than in the previous year. It was the first opportunity for the party affiliation of the settlers to assert itself and the result was decisive. The three new comers since the last election cast the only Republican votes.1
The Democratic candidate for governor, Augustus C. Dodge, received 44 votes, and Samuel J. Kirkwood, the Republican, three votes. The other state officers received- about the same vote. For senator, John F. Duncombe re- ceived 45 votes and L. L. Pease 2 votes. For represent- ative, F. M. Corey 32, John E. Blackford 15.2
The result of the vote for county officers was as follows :
PALO ALTO CYLINDER TOTAL
County Judge-
James Hickey
12
14
26
Martin Coonan
20
1
21
Treasurer and Recorder-
John M. Mulroney
15
14
29
Washington Reed
17
1
18
Clerk of District Court-
Thos. McCormick
12
14
26
Ward B. Whitman
19
19
Sheriff-
James McCormick
12
14
26
James Nolan
20
1
21
Coroner-
R. F. Carter
11
14
25
J. Crowley
20
1
21
1 Judge Hickey states positively that there were none but Democrats in the county at the first election and that the three new settlers cast the three Republican votes in 1859. I have found no other settler who disputes this fact. The McCormicks who came the previous fall, are said to have been the first Republicans.
2 Register of Elections, vol. i, pp. 11-14.
72
HISTORY OF PALO ALTO COUNTY
PALO ALTO CYLINDER TOTAL
Drainage Commissioner-
Joseph T. Mulroney
12
14
26
Martin Laughlin .
20
1
21
County Surveyor-
John L. Davis
12
14
26
John Shippey ยท
20
1
21
Michael Hickey, Acting County Judge; Wm. D. Powers, Justice of the Peace; James McCormick, Justice of the Peace-County Canvassers.
Certified by James Hickey, County Judge.1
The election was in fact very uneventful as far as can be learned, and the only diversion appeared to be the friendly rivalry for the local offices. It is to be noticed that the Carters and McCormicks from the south part of the county now appear as strong factors in the result.
Little of interest transpired in the county during the year following and the records show that there was very little county business. Several vacancies in the county offices were filled by Judge Hickey. December 24, 1859, A. B. Carter was duly appointed sheriff of the county, and Michael Hickey was duly appointed county surveyor April 2, 1860.
As the fall of 1860 rolled around, the county entered upon its first presidential campaign. The bitter fight that was being waged in some parts of the country was not felt in Palo Alto County. While our settlers were far from the settled parts of the country and thus not in the thick of the great national campaign of that year, yet by visits to Fort Dodge and other points, and from newspapers and new arrivals, they kept posted as to what was transpiring. The fact that our settlers were almost all Democrats and fight- ing Democrats at that, did not tend to encourage the two or three loyal adherents of Lincoln, nor promote an open
1 Register of Elections, vol. i.
THE POLITICAL ORGANIZATION OF THE COUNTY 73
campaign of any warmth. But the interest in the election was genuine, and when the votes were counted it was found that the Stephen A. Douglas electors had received 29 votes and Abraham Lincoln 4 votes. The new party members rejoiced in the gain of one vote over the preced- ing election. The total vote of only 33 was so light as to show that the vote of the county was not out. The follow- ing county officers were elected: Lott Laughlin, clerk of the district court ; John Mulroney, treasurer and recorder ; James Nolan, surveyor; Martin Coonan, sheriff; John Nolan, justice of the peace ; Michael Graham, constable.
The county of Palo Alto by 1861 had established a reg- ular county government that was working smoothly and efficiently. The settlers had become familiar with the du- ties of the various offices, and the elections were conducted in a manner that would do credit to an old established community. Although crude in many ways, the political organization of the county at this time was firmly estab- lished on a working basis. But events of another nature were looming up dark on the horizon and we must turn for a time to the consideration of other matters.
CHAPTER IX
The Call to Arms
The great question of slavery, smoldering for years in a divided nation, had been kept confined by a series of compromises. But compromise was becoming more and more difficult to maintain and in 1860 completely broke down. The fire so long repressed burst forth with re- newed fury. The South, not stopping to consider the cost, not realizing their lack of numbers and their industrial and commercial inferiority as compared with the larger North, defiantly forced the issue and determined to sep- arate from the Union and form a country of their own that would protect the institution of slavery. But this course was fatal to the Southern cause. Secession was a blow at the Union and the North rallied to its support with a pa- triotism that never could have been aroused for the sup- pression of slavery alone. "The Union Forever" be- came a rallying cry and the boys in blue, fighting for the Union, were more than a match for the gallant boys in gray.
Even on the frontier plains of Iowa, the news of the great conflict was eagerly discussed. The pioneers were loyal and when the call for volunteers came they respond- ed nobly. The names of the brave boys who went to the front are spread upon the honor roll in the history of the state of Iowa.
Palo Alto County, although almost on the outpost of civilization, came forward with her quota of loyal sons, and throughout the war contributed as strength permitted to the call of duty. The population of the whole county in
75
THE CALL TO ARMS
1860 was only 132, a large number of these being women and children and men too old for military service. The percentage enlisting in the Civil War and in the northern Border Brigade was therefore very large, considering the needs and dangers of frontier settlements.
A. B. Carter of West Bend was the first to enlist from this county. He went to Fort Dodge and enlisted August 2, 1861. A company was formed there of young men who were desirous of getting into active service as soon as possible, and when opportunity offered they joined Colonel Harvey's regiment of Pennsylvanians. They reached Washington October 6, 1861, and were given the place of honor as Company A, Eleventh Pennsylvania Cavalry. This western company saw active service, during the en- tire period of its enlistment, in the eastern army, and was a credit to Iowa throughout the war.1
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