USA > Iowa > Taylor County > History of Taylor County, Iowa : containing a history of the county, its cities, towns, etc. : a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Taylor County, Constitution of the United States, reminiscences, miscellaneous matters, etc > Part 43
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"Illinois, which with its vast additional territory, became a county of Virginia, on its conquest by Gen. George Rogers Clark, retained the county organization, which was formally extended over the State by the constitution of 1818, and continued in exclusive use until the the constitution of 1848. Under this system, as in other States adopting it, most local business was transacted by commissioners in each county, who constituted a county court, with quarterly sessions.
" During the period ending with the constitution of 1847, a large portion of the State had become filled with a population of New England birth or character, daily growing more and more compact, and dissatisfied with the comparatively arbitrary and inefficient county system. It was maintained by the people that the heavily populated districts would always control the election of the commissioners to the disadvantage of the more thinly populated sections-in short, that under that system, 'equal and exact justice' to all parts of the county could not be secured. The township system had its origin in Massachusetts, and dates back to 1635. The first legal enactment concerning this system provided that, 'whereas, particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town,' therefore, 'the freemen of every town, or the ma- jority part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said town, to grant lots, and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the general court.'
"They might also (says Mr. Haines) impose fines of not more than twenty shillings, and 'choose their own particular officers, as constables, surveyors for the highways and the like.' Evidently this enactment relieved the general court of a mass of municipal details, without any danger to the power of that body in controlling general measures of public policy. Prob- ably, also, a demand from the freemen of the towns was felt for the control of their own home concerns.
"The New England colonies were first governed by a 'general court,' or legislature, com- posed of a governor and small council, which court consisted of the most influential inhab- itants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders. They made laws, ordered their execution by officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations, and in fact, did all the public business of the colony.
" Similar provisions for the incorporation of towns were made in the first constitution of Connecticut, adopted 1639, and the plan of the township organization, as experience proved its remarkable economy, efficiency and adaptation to the requirements of a free and intelli-
5
386
HISTORY OF TAYLOR COUNTY
gent people, became universal throughout New England, and went westward with the emigrants from New England into New York, Ohio, and other Western States.
The act defining Taylor county passed the general assembly and received the signature of the governor of the State in January, 1851. The appoint- ment of Elisha Parker as organizing sheriff was the next step in order. Before entering upon the duties of this office it was necessary that he be qualified in due form of law. The nearest point where this important pre- liminary could be compassed was Clarinda, in Page county, and thither Mr. Parker went. Notices to the resident voters were properly posted in the three voting precincts that had been indicated. The precincts were then named for the three original townships in the county; namely, Jackson, Ben- ton, and Polk, though none but Jackson then existed as a township. At the election which ensued only fifty-three votes were cast, showing the popu- lation of the county to be small at that time. Upon these fifty-three men did the onus of organization, the expenses incident thereto and conse- quent thereupon, fall. But they wished for a separate existence, a name in the young Commonwealth of Iowa, and have it they would at any cost. The election was held in February, and resulted in the election of Jacob Ross, Levi L. Hayden, and Daniel Smith, as county commissioners; John Hayden, clerk; Hampton Bennington, probate judge; John Hayden, recorder and treasurer; James B. Campbell, sheriff; Jacob Miller, inspector of weights and measures; John W. Miller and Saymore Coffman as justices of the peace; and Preston B. McGuire, constable. The organization was not per- fected, of course, until these persons were qualified. On February 26th, 1851, the first commissioner's court was held at the residence of Judge Jacob Ross, a special session by the way, and the persons elect, above named, gave "bond with their respective securities." The remaining persons elected failed to appear and give the necessary bonds. This seems to have been the sole business of this special session, which having been performed, the next court was appointed "to be held at Judge Ross's on the first Monday in April, 1851. "The business of the county was not great at first, and the com- missioners held court at intervals of about three months. The next term was held on Monday, April 7th, 1851, pursuant to the adjournment from the February term. The business at that session consisted in "appointing or commissioning Wm. B. Warmsley, a justice of the peace; and Preston B. McGuire, constable of Polk township." These appointments were followed by those of John W. Miller, justice of the peace; and James K. Miller, constable of Benton township. These appointments meant simply that the above named precincts had been erected into townships, and as such should have separate and independent offices, and this constituted the only need of
387
HISTORY OF TAYLOR COUNTY.
their first organization. After transacting this business the court "adjourned to the first Monday in July, to meet at Jacob Ross's."
On the day appointed for the third session of the county court, the various members promptly assembled at the house of Judge Ross, and proceeded to business. The first thing done was to pay James B. Campbell, the asses- sor, "one dollar per day time employed in assessing to which he were four days in assessing Taylor county, $4.00." The entire tax assessed, as will be seen further on, was but $62.37, and to the assessor was paid one fifteenth of the whole amount assessed; and it is possible there was a less amount than the assessment actually paid into the county treasury. Following this "The court took up for consideration Elisha Parker's charges on the county for his services in organizing the county of Taylor: Traveling to and from Page county to be qualified as organ- izing sheriff, 25 miles at 4 cents per mile. $2.00
Writing and posting up 9 advertisements for three precincts.
3.121/2
Filing returns of election .
50
Certificates for three county commissioners.
75
commissioners' clerk.
25
" clerk District Court
25
66
sheriff.
25
" recorder.
25
and so on through the list of all the officers, the total sum claimed and allowed amounting to $9.872.
At this session were also fixed the rates of taxation, as follows:
Poll tax 50 cents on each tythe; for State purposes 2 mills to the dollar; county purposes 3 mills to the dollar; school-fund half mill to the dollar.
It appears, also, that the tax for all these purposes was 5} mills and that the amount for the year on the taxable property in the county was $35.87, and there were fifty-three tithes amounting to $26.50. This makes the total of $62.37 .*
*Herewith is given the tax list, amounts taxed, and sums realized on the first assessment ever made in the county. Property assessed by James B. Campbell, assessor, in the year A. D. 1851.
NAMES.
AM'T OF PROP. TAX.
NAMES.
PROP. TAX.
Levi L. Hayden.
$ 49.00
.77
Edward S. Godsey
$ 97.75 .105
Joshua Hudson
70.00
.88
William Edmonson
50.00
.77
Preston B. McGuire
78.00
.93
Matthew Smith
86.00
.97
Hampton Pennington
89.00
.99
Henry Foster.
72.00
.90
John W. Miller
22.00
.621/2
Marshal Hubble.
65.00
.86
William M. Ross
152.00 1.34
James Gartside. 26.00
.64
James D. Ross
79.00
.93
Robert J. Foster
133.00 1.23
James H. Burge
82.00
.95
Margaret Foster
57.00
.31
James K. Miller
42.00 .73
Nancy Cobbles
8.00
.05
Isaac Guyll. .
245.00 1.85
Price Summers
45.00
.75
Matthew Hindman
108.00 1.09
Elizabeth Miller
25.00
.14
Daniel Smith
168.00 1.42
William Louis
70.00
.89
AM'T OF
388
HISTORY OF TAYLOR COUNTY.
From this list it will be seen that the richest man in the county was Isaac Dowis, who paid taxes on property valued at $424, while Nancy Cobbles paid the least tax and on the smallest valuation, $8, there being no statement made as to what was thus valued. Thirteen dollars and four cents were paid to the State as the price of the first year's existence as an independent body politic in the State of Iowa.
In the August election, 1851, held on the 4th, the following persons re- ceived the majority suffrage of the voters of the county: James B. Campbell, sheriff, James K. Miller, recorder and treasurer, Jacob Miller, inspector of weights and measures, John Hayden, district and county clerk. This was the first regular election ever held in the county, and with it the
NAMES.
AM'T OF PROP.
TAX.
NAMES.
A'MT OF PROP.
TAX.
Jacob Miller
236.00 1.79
James Ross, Jr ..
45.00
.75
John Hayden.
61.00 .83
Precilla Dailey
20.00
.11
Jacob Ross
221.00 1.71
Joseph Roach.
55.00
.80
John Dougherty
119.00 1.15
Benjamin Ravner
161.00 1.32
Isaac Dowis
424.00 2.83
Frederick Gamel.
159.00 1.32
Nancy Taber.
105.00
.57
William Roach
150.00 1.32
James Mason
97.00 1.03
Nancy Reede.
49.00
.77
Lucinda Vice
69.00
.38
Benjamin Tanner.
29.00
.66
James Ross
161.00 1.38
Nathaniel H. Towner.
90.00 1.00
Martha Cobbles.
9.00
.05
Thomas Holland.
83.00 .95
Stephen H. Parker
317.00 2.24
Russel L. Thompson
173.00 1.45
Jesse Guyll
60.00
.83
Elias Bridgewater.
204.00 1.62
Eden Hawk.
47.00
.76
William B. Wamsley .
233.00 1.78
William Wilson
116.00 1.14
James B. Campbell
389.00 2.64
George Dial.
111.00 1.12
Francis H. Farley
177.00 1.47
Thomas Parker.
.50
James Holland.
50.00
.77
Saymore Coffman
171.00 1.44
Salina Gamell.
66.00
.36
Elisha Parker.
65.50
.86
Elizabeth Rikerd.
16.00
.09
Henry H. Smith
67.00
.87
John Lowe.
48.00 *. 26
Stephen Parker
79.00
.93
Total
$6,522.00
State tax, 2 mills to the dollar.
$13.04.4
County tax, 3 mills to the dollar
19.56.6
School tax, 12 mill to the dollar
3.26.1 .
Poll tax, 50 cents each tythe.
26.50.0
Total amount
$62.37.1
We, the board of county commissioners, have, as accurately as we could, made out this list of taxable property, with the number of each tythe, to which we direct the assessors of Tay- lor county to collect as soon as practicable.
Given under our hands this 5th day of August, A. D. 1851.
LEVI L. HAYDEN [L. s.].
· DANIEL SMITH
[L. s.].
JACOB ROSS
[L. S.].
389
HISTORY OF TAYLOR COUNTY.
county may be said to have been finally organized. The first census roll was received at a special session of the county court, held August 18, 1851, and with the following entries : Males over twenty-one, 69; females over twenty-one, 70; whole number of males, 134; whole number of fe- males, 120; total population, 393.
The county had now launched upon individual existence as a part of the commonwealth of Iowa, and assumed the importance such a position war- ranted. From that.time to the present progress has been marked, though somewhat slow. There has been a gradual and permanent growth in mate- rial wealth, and all that leads to the highest type of refined civilization.
FIRST LAND ENTRIES.
Prior to the opening of the general land-office, at Council Bluffs, which originally embraced within its jurisdiction fourteen counties in southwest- ern Iowa, the settler held the land by right of preemption and claim laws. This precarious right of claim was the sole tenure, and was precarious be- cause mere occupancy of government land, without a compliance with cer- tain legal formalities, gave no certain property in the land occupied to the possessor of it. Preemptions were different, and gave the settler the right to hold one hundred and sixty acres, and, when it was surveyed and brought into market, the privilege of buying it at the minimum rate of one dollar and twenty-five cents per acre. But though three hundred and twenty acres, or even more, might be claimed, it was liable to be sold to the highest bidder, at the sales, according to the usual laws affecting the sale of gov- ernment lands, and those who held claims, merely, were uneasy, since they might lose their lands and the improvements they had made by being ousted at the sales. Much of the land was worth far more than the mini- mum price, especially the rich woodland and prairie region conjoined, or lands in the vicinity of towns, or such as were near, or contained, valuable deposits of stone or coal. Speculators took advantage of these facts, noted the most valuable portions of the country, and were ready to give high prices for them. This abuse, for it was nothing else, could not, of course, be prevented by the government, whose duty it was to sell the lands to the best advantage, as if a private landholder. But it aroused all the fear and all the passion of the early settlers, and these found expression in the or- ganization in various counties of protective associations. Vigorous meas- ures were often taken, and finally the rights of the settlers came to be re- spected.
The entering of land was a circumstance, forward to which the settler
390
HISTORY OF TAYLOR COUNTY.
looked with kindling hopes. Then would be assured to him the right to own and enjoy in fee simple the land he had for years, perhaps, cultivated, though not, in point of fact, his own. But once it was entered in his name, and the purchase-price paid, then his title was held secure and lasting. The following are the
LAND ENTRIES
made at the land-office at Council Bluffs, Iowa:
May 24, 1853-sw of sw, section 29, township 68, range 35, 40 acres, James M. Stockton.
May 24, 1853-se of se, section 30, township 68, range 35, 40 acres, James M. Stockton.
May 24, 1853-ne of ne, section 31, township 68, range 35, 40 acres, James M. Stockton.
May 24, 1853-nw of nw, section 32, township 68, range 35, 40 acres, James M. Stockton.
May 24, 1853-e hf of se, section 31, township 68, range 35, 80 acres, Thomas Holland.
May 27, 1853-sw fr qr, section 6, township 67, range 35, 153.70 acres, Wm. B. Waumsley.
May 27, 1853-sw qr, section 5, township 67, range 35, 160 acres, Elias Bridgewater.
June 1, 1853-w hf of nw, section 14, township 68, range 35, 80 acres, James Mason.
June 1, 1853-nw fr qr, section 31, township 67, range 35, 166.28 acres, Krout.
June 3, 1853-ne fr qr, section 6, township 67, range 35, 154.28 acres, Wm. H. Fergson.
July 8, 1853-w hf and se of nw and ne of sw, section 8, township 67, range 34, 160 acres, John L. Stephens.
July 8, 1853-sw qr nw, section 18, township 67, range 34, 33.19 acres, Jacob Miller.
July 22, 1853-nw fr qr of sw, section 18, township 69, range 35, 39.18 acres, Joseph Buckingham.
July 25, 1853-se of se, section 14, township 67, range 35, 39.34 acres, Joshua Brown.
September 9, 1853-sw of sw, section 33, township 69, range 35, 40 acres, James Scarlett.
September 9, 1853-e hf of ne, section 32, township 68, range 34, 80 acres, Abner N. Dougherty.
391
HISTORY OF TAYLOR COUNTY.
September 7, 1853-e hf of nw, section 29, township 68, range 35, 80 acres, Samuel Winengir.
September 9, 1853-sw of nw, section 18, township 68, range 35, 35.87 acres, Wm. W. Scarlett.
September 9, 1853-n hf of nw, section 18, township 68, range 35, 75.30 acres, Samuel Scarlett.
December 9, 1853-e hf of nw qr, section 5, township 67, range 34, 81.12 acres, James Ross.
December 9, 1853-sw of se, section 5, township 67, range 34, 40 acres, John Lambert.
December 9, 1853-nw of ne, section 8, township 67, range 34, 40 acres, John Lambert.
December 9, 1853-sw of ne, section 18, township 67, range 34, 40 acres, Henry Baker.
December 9, 1853 -- ne of nw, section 18, township 67, range 35, 40 acres, Henry Baker.
December 13, 1853-se of se, section 14, township 67, range 35, 39.34 acres, Joshua Brown.
December 13, 1853-e hf of sw, section 10, township 68, range 35, 80 acres, James Mason.
December 13, 1853 -- ne of ne, section 15, township 68, range 35, 40 acres, James Mason.
December 13, 1853 -- n hf of nw, section 30, township 69, range 35, 40 acres, Henry McAlpin.
Subsequently, after the opening of the land-office at Chariton, in Lucas county, most of the settlers entering land in this county went to that point. The event, as has been said, was regarded as one of great importance, and probably the great interest attaching to this transaction was the immediate cause inducing the following remarkably original and unique document, which, the reader will observe, is calculated to be very explicit and binding.
STATEMENT OF ADAM VINNEDGE.
TAYLOR COUNTY, IOWA, Feb. 5, 1855.
I take great pleasure in stating the following facts: I, Adam Vinnedge, came to the above named county in the month of July, 1854, and stopped at the residence of Judge John Lowe, informed him that I intended to purchase a claim, meaning that I wanted to purchase an im- provement on public land, and the above named John Lowe replied to me that his daughter, Elizabeth M. Miller, had a claim to sell, and I immediately called on the said Elizabeth M. Miller and bought the claim, on condition that the land was not entered, and paid her five dollars in hand to close the bargain; and I went to the land-office at Council Bluffs as soon as I could con- veniently do so and entered the said claim subject to the said Elizabeth M. Miller's preemption, after which I paid her, the said Elizabeth M. Miller, two hundred and ninety-five dollars. On
392
HISTORY OF TAYLOR COUNTY.
September, 1854, I received from her, the said Elizabeth M. Miller, through the hands of her father, one hundred and fifty dollars in trust to enter land at the land-office at Bluff City, Iowa. The money was counted to me by her father, who, at the same time, gave me the fol- lowing numbers of land; to-wit, The northwest fourth of the southwest quarter of section 29, and the south half of the northwest quarter of section 29, township 68, range 34; and I further state that her father gave me verbal instructions to enter the above named land in the name of Elizabeth M. Miller, and her heirs; and I further state that the said Elizabeth M. Miller's{father-in-law; to-wit, Jacob Miller, recognized the said claim as being hers, the uses Elizabeth M. Miller's, and seemed perfectly willing that she should receive the money and use it as her own.
This statement made in the presence of
MICHAEL HOUSE. MARK MURPHY.
LOCATION OF COUNTY SEAT.
After the organization of the county, the next step in natural order was to determine and locate the seat of justice. The strife relative to this important place in the county history had not yet had a beginning when, in the winter of 1853, the general assembly appointed a commission of three persons, Jesse Mager, William R. Robbins, and S. F. Snider, to locate the same. These gentlemen prepared to discharge this important duty by sub- scribing to the following oath of office, succeeding which are given all the records in the matter :
You do solemnly swear that you have no personal interest in the location of the seat of jus- tice of Taylor county, neither directly nor indirectly, and that you will faithfully and impar- tially locate the same according to the best interests of said county, taking into consideration the present as well as the future population, and make due return of the location of the same to the office of the county court of Taylor county, so help you God.
JESSE MAGER, - WM. ROBBINS, S. F. SNIDER, Commissioners.
I, John Lowe, county judge of Taylor county, do certify that Jesse Mager, William Rob- bins and Squire F. Snider, commissioners to locate the seat of justice of Taylor county, have this day appeared at my office and taken the oath required by law.
Gave from under my hand this 14th day of March, 1853.
JOHN LOWE, County Judge.
In obedience to an act of the last legislature of the State of Iowa, passed at the last session of said term, appointing the undersigned to locate the seat of justice of Taylor county, after having been duly sworn, according to law, on the 14th day of March, 1853, and there in the discharge of our oaths, and upon an examination of the locality of said county, and the pop- ulation and the prospects of the future population, and the face of the county at large, we have decided on the southwest quarter of section 26, township 68, range 34, as the county seat of Taylor county.
Gave from under our hands and seals this 19th day of March, 1853.
JESSE MAGER, WM. ROBBINS, S. F. SNIDER,
Commissioners.
393
HISTORY OF TAYLOR COUNTY.
I, John Lowe, do certify that the foregoing is a correct copy of the report made by the lo- cating commissioners for Taylor County, returned to my office on the 19th day of March, 1853, and now on file in my office.
Gave from under my hand this 19th day of March, 1853.
JOHN LOWE, County Judge.
At the April, 1853, term of the county court, of Taylor county, it was ordered that the county surveyor be and is hereby ordered to survey and lay off the town of Bedford, and make the squares, to be laid off 12x12, with a street on each square 66 feet wide, 8 lots in a block, the lots to be 3x8, alleys 12 feet wide, stones at the corners of a portion of the lots and streets, and return a map of the number of lots laid off and their size.
This 5th day of April, 1853.
JOHN LOWE, County Judge.
The following is the record relative to the sale of town lots in the new county seat :
May term, 1853, ordered that Henry W. Baker be and he is hereby appointed county com- missioner for Taylor county, for the express purpose of advertising and selling the town lots in Bedford, being the county seat of said county and said commissioner shall give four weeks' notice of the sale of lots, in four places in this county, and some three or four places in the adjoining counties, the sale to be made by order of the county court, and on such credit as the court may direct. And it is ordered by the court that the county surveyor make two plats showing the number of lots and the width and breadth of said lots, streets and alleys, one for the use of the county court and one for the use of the commissioner. And it is ordered that the said sale be on the 4th day of July, 1853.
JOHN LOWE, County Judge.
Previous to the sale in July, and subsequent to the last above rendered order, the county surveyor made his report on the streets and blocks in the embryo city. His report is as follows :
In obedience to an order of the County Court of taylor county Made at the May term for the yeare 1853, appointing Me Jacob Ross to lay off the Town of Beadforde it Being the County Seate of taylor and on the sw qr of sec. no 26 and of Range No. 34 and of town no 68 I comenced on the south of the Bublic square and ladee off Block No 10 and 11, and 12 thene ladee off Block No 13, and 14, and 15, and 16 thene ladee off Block No 4 and 5 and 6 and 7 and Made 8 lots in east Bloke and planted corns at the Blocks the Number of the Block at the East corne stone the lotts is numbered 1 2 3 3 4 5 6 7 8 in eachı Block Begen- ing at the S e. corn of the lot at No 1 Beeing West the lotts is 66 feete in front and Ran Back 126 feete with 12 feete ally the Straet is 66 feete wide and are Ran at 12 degres varia- tion the lots 96 ladd off in Number the Publicks Square is the Block North of the B No 10 the streete East of the Square is Water Strate and the Strete West of the Square is grene Streete, the seccond stret west of the square is Madison Streete and the strete S of the squareis Jeferson streete the second streete S of the square is Mane Streete the 3 strete S of the is Washington streete the 4 strete s of the square is Jackson Streete the second strete E of the square is Dodge Stretes the strete N of the square is pearle Streete.
In testimony I have set my Name this the 1 of July 1853.
S JACOB Ross County Surreyor 2.fr tyler Co iowa.
394
HISTORY OF TAYLOR COUNTY.
On August 25, 1853, Judge John Lowe, who by the way had been one of the chairmen during the survey, certified to the correctness of the report of the county surveyor.
Three days after the above report was made, July 4, 1853, the first sale of lots took place. To quote from a local writer :
"No person attended the sale except the farmers of the county. A bar- rel of whisky was on the ground, and after they had drawn freely, the sale commenced, and most of the lots surveyed were sold at prices varying from ten to twenty dollars, but not a single lot was paid for, or title, or title bond given, and if any record was kept of the sale, it is not to be found among the records of the county. It is but just, however, to remark that these sales were regarded by the parties as binding upon themselves, and were so treated in nearly every instance."-Edwin Houck.
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