USA > Iowa > Taylor County > History of Taylor County, Iowa; from the earliest historic times to 1910, biographical sketches of some prominent citizens > Part 4
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As has been previously indicated, this county is remarkably well drained all over its surface by the numerous small streams, the waters of which ultimately find their way to the Missouri. The character of these streams is determined by the natures of the soil and surface over which they flow. The clear sparkling streams of New England, are wanting in the waters of Taylor county. These atter flow throughout their entire courses in this county in narrow, sinuous, ditch- like depressions in their flood-plains, and over the materials previously mentioned as drift and alluvial. This is the cause of their excessive muddiness.
Notwithstanding the fact that the beds of these rivers dip in the direction of their courses at the average rate of two and sixty-eight one-hundredths feet per mile, their sinuosity is so great and the specific gravity of their water so largely increased by reason of the fine comminuted material held in suspension, that they are very sluggish, and it would seem decidely inappropriate to dignify them with the title of river.
SWAMP LANDS.
By an act of congress, approved March 28, 1850, to enable Arkansas and other states to reclaim swampy lands within their limits, granted all the swamp and over-flowed lands remaining unsold within their respective limits to the several states. Although the total amount claimed by Iowa under this act does not exceed four million acres, it has, like the Des Moines river and some of the land grants cost the state considerable trouble and expense, and required a deal of legislation. The state expended large sums of money in making the selections, securing proofs, etc. but the general government appeared to be laboring under the impression that Iowa was not acting in good faith; that she had selected a large amount of lands under the swamp land grant, transferred her interests to the counties, and the counties to private speculators, and the general land office per- mitted contests as to the character of the lands already selected by the agents of the state as "swamp lands." Congress by joint resolution December 18, 1856. and by act of March 3, 1857, saved the state from the fatal result of this ruinous policy. Many of these lands were selected in 1854 and 1855, immediately after several remarkably wet seasons, and it was but natural that some portions of the selections would not appear swampy after a few dry seasons. Some time after these first selections were made, persons desired to enter parcels of the so-called swamp land and offering to prove them to be dry. In such cases the general land office ordered hearing before the local land officers, and if they decided the land to be dry, it was permitted to be entered and the claim of the state rejected.
-
32
HISTORY OF TAYLOR COUNTY
Speculators took advantage of this. Affidavits were bought of irresponsible and reckless men, who for a few dollars, would confidently testify to the character of the lands they never saw. These applications multiplied until they covered three million acres. It was necessary that congress should confirm all these selec- tions to the state, that this gigantic scheme of fraud and plunder might be stopped. The act of congress of March 3, 1857, was designed to accomplish this purpose. But the commissioner of the general land office held that it was only a qualified con- firmation, and under this construction sought to sustain the action of the de- partment in rejecting the claim of the state, and certifying them under the act of May 15. 1856, under which the railroad companies claimed all swamp land in odd numbered sections within the limits of their respective roads. This action led to serious complications. When the railroad grant was made, it was not in- tended, nor was it understood that it included any of the swamp lands. These were already disposed of by previous grant. Nor did the companies expect to receive any of them, but under decisions of the department adverse to the state the way was opened, and they were not slow to enter their claims. March 4, 1862, the attorney general of the state submitted to the general assembly an opin- ion that the railroad companies were not entitled even to contest the right of the state to these lands, under the swamp land grant. A letter from the acting com- missioner of the general land office expressed the same opinion, and the general assembly by joint resolution, approved April 7, 1862, expressly repudiated the acts of the railroad companies, and disclaimed any intention to claim these lands under any other than the act of congress of September 28, 1850. A great deal of legisla- tion has been found necessary in relation to these swamp lands.
By the act of 1850, all the overflowed and swamp lands within the state were granted to her, and the state authorities were required to select them and report through the surveyor-general to the general land office the lands selected. For the better and more certain compliance with the act of congress the state granted the lands to the counties in which they lie, and the counties in most cases ap- pointed agents to make the selection, and the selections were made at the expense of the county, amounting in many instances to two thousand dollars, and averaging one thousand dollars to each county, making the entire expense one hundred thou- sand dollars for the state. All this expense was incurred under the direction of the commissioner of the general land office, and the form of report and required affidavits were duly returned to the surveyor-general's office and by him certified to be overflowed or swamp lands, returned as such to the commissioner of the general land office. The list returned for the counties in the Council Bluffs land district were examined and approved and orders were issued to the land office to enter the lands contained in the list upon the tract books and plats of the office, and to withdraw them from sale; this done about the 23rd of September, 1854. The first action of the officials of Taylor county with reference to these lands bears the date of Monday, February 13, 1854. Judge Lowe on that day ap- pointed Otis Fenno and Henry Baker, as commissioners "to lay off the wet and overflowed land in said county ;" the former having allotted to his special charge ranges thirty-two and thirty-three; the latter caring for thirty-four and thirty- five. On March 5, 1855, John Hayden was appointed by the same judge "to survey the swamp land and report the station that draws is necessary and the length
33
HISTORY OF TAYLOR COUNTY
and depth of said draws and the probable cost of the drawing of all the swamp lands in a part of range 34, and all of 35." No reports were ever made by these parties so far as the records show.
Subsequent to this, other appointments seem to have been made, having in view these same objects. On October 24, 1855, Otis W. Fenno, John Lowe and Thomas F. Kimball all reported on swamp lands which they had been appointed to survey, and W. C. Gibson, then county judge, states that the plats made by these commissioners had been sent to the governor of Iowa. There is no record of their appointment, nor data from which to learn the nature of the completeness of the report made. No further action appears to have been taken until September, 1862. Meantime, the agents of the American Emigrant company, a corporation of capi- talists with headquarters at Hartford, Connecticut, had been visiting various counties of the state, and among them Taylor county. Attracted by the fertility of the soil and the evidently bright future of the county, overtures were made to the county officials to purchase the swamp lands, reclaim them in accordance with the provisions of the various acts of the general assembly, and settle them with a stanch and reliable populace. The agent of the company, C. D. F. McKay, was the one interested for his employers. The first entry relative to the transfers of these lands, is found in the proceedings of the board of supervisors for Septem- ber, 1862. The proposition, it will be seen, emanated from the party contem- plating the purchase, and is as follows: "Comes now C. D. F. Mckay, agent of the American Emigrant company, and makes the following proposition to pur- chase the swamp land of Taylor county, Iowa, to wit,
Agreement made on the 2nd day of September, 1862, between the County of Taylor, in the State of Iowa, of the one part, and the American Emigrant com- pany, by F. C. D. McKay, their general agent for the State of Iowa, of the other part. Then the said county devotes the swamp land belonging to said county and all the funds and claims of the county on the general government therefor to the making of the public improvement hereinafter mentioned by said company, and agree to sell, release and convey the same to said company according to this agreement.
The said company agrees to take said lands and funds and claims, and to make for said company any public works or improvements therefor, which the board of supervisors may request and which are authorized to be made therewith by loan of the full amount and value of one thousand and eight hundred dollars. The specification of such public works to be furnished to them as they prefer, at any time after October 1, 1863, and the work to be finished according to specifi- cations, by one year from the first day of January, after the furnishing of such specification. In order to ascertain the value of such work and improvements, it is agreed that if the board of supervisors shall offer to superintend the work- ing of such improvements without charge to said company, then said company shall pay into the treasury of said county, the sum of one thousand and eight hun- dred dollars in current funds, as soon as the first day of January, A. D., 1865; and if said board does not choose to superintend the working of said improve- ments, then the jobs of work are to be let at public auction, to the lowest fair bidder, who shall give ample security for performance in the usual way of letting such job.
34
HISTORY OF TAYLOR COUNTY
No taxes are to be assessed against the property agreed to be sold by this contract, while the county holds the legal title thereto, or the equitable title by mortgage, or otherwise ; but as fast as any of it is sold to purchasers, the same may be taxed, and the company agreed to settle said land fit for settlement with white settlers and purchasers and by selling farms of the usual average size, one- third thereof in three years, and another third thereof in five years, and the whole of said lands in eight years from the ratification of this contract, by a vote of the people and a canvass of the votes. Any part of said land, funds or claims the county will assign or convey to said company, or its agents, at any time on re- quest ; but if the claim of the county is not fully paid, and sales made, the entire interest so conveyed shall be mortgaged back to the county to secure the fulfill- ment of this contract, unless other satisfactory security be given. Therefore, the said company take the said lands subject to all the provisions and conditions of the act of congress of September 28, 1850, and expressly release the State of lowa. and the said County of Taylor, from all liability in reclaiming said lands, or in the draining thereof, any contract now existing between the county and any persons in relation to said lands to be respected and fulfilled by said company, as the board of supervisors shall decide to be just and right. The said board will appoint any agent to transact any business relating to said swamp lands, or funds or claims, which said company, or its agent may at any time nominate or request ; but in no case shall the county be responsible for the faithfulness of such agent, or for any costs or expense thereof.
By order of the board, D. W. HAMBLIN, Chairman, E. T. SMITH, Clerk.
Supervisor Littier moved to accept and sign the aforesaid contract, and the board being advised in the premises, ordered that said contract be and the same is hereby accepted and signed by the parties."
Before the contract was fully ratified the supervisors appointed a special committee to investigate the matter a little further. His duties performed, the report was made, and while evidently without much point, and no bearing on the original contract. gave at least the semblance of caution to the final acceptance of the agent's proposition. The committee reported the following in the September session. 1863 :
"Comes now the special committee on swamp land and reports as follows, to wit: We, the special committee, do hereby make the following report, to wit : 'That we do hereby authorize the clerk to comply with the request of the Ameri- can Emigrant company, of Hartford, Connecticut, on the following conditions :
First : That he cause to be made and executed the deed conveying on the part of Taylor county the swamp lands of said county to the company afore- said.
Second : That he keep the deed to said lands in his possession until the afore- said company shall have paid the sum of nine hundred dollars for the use and benefit of Taylor county ; and provided further, that our clerk do keep in his possession the deed so made until they shall have mortgaged to Taylor county the
35
HISTORY OF TAYLOR COUNTY
lands so conveyed to them; then, and not before, to give up the deed to said company."
JAMES GARTSIDE.
Thus the contract of sale was fully made and endorsed, Almost immediately after accepting the report of the committee last mentioned, the board of super- visors proceeded to convey the land in question. The document making such conveyance and the conditions pertaining thereto are here given :
Whereas, The American Emigrant company has requested this county to con- vey to the trustees of said company, in trust for said company, the swamp and overflowed lands of said county, and the indemnity claim of the county on the United States, the same which has been contracted to be sold to said company by a written agreement between the county and the company, bearing date the 2nd day of September, A. D. 1862, and which is now on file in the office of the clerk of the district court of said county ; and,
1200021
Whereas, The said company does not ask such conveyance except upon such condition that the land and property so conveyed shall be fully mortgaged back to said county to secure to the county the fulfillment by the company of all the terms and conditions of the said written agreement. Therefore, it is :
Resolved, That this board does now grant, sell and convey to the trustees of said company, as requested the land and property hereinafter mentioned and de- scribed in the form following; that is to say: This indenture, made the eighth day of September, in the year of our Lord, one thousand eight hundred and sixty- three, between the County of Taylor, in the State of Iowa, of the first part, and Andrew J. Hammond, John Hooker and Henry K. W. Welch, all of the city of Hartford, in the State of Connecticut, trustees, and in trust for the American Emigrant company, bearing date "the second day of September, in the year, one thousand, eight hundred and sixty-three, and now on file in the office of the clerk of the district court of said county, has sold to said company all the swamp and overflowed lands of said county, and all the claim of said county on the United States for or on account of such of said swamp or overflowed lands as have been sold for cash or located with warrants, or scrip, by or under the au- thority of the United States, since the swamp land grant (so-called). Now there- fore in pursuance of said agreement, in writing, and in consideration of the sum of one thousand and eight hundred dollars, to the said party of the first part, paid by said company, the said party of the first part doth hereby sell, assign, transfer and quitclaim to the parties of the second part, as such trustees as afore- said, all and singular, the lands and real estate hereinafter mentioned and de- scribed, the same being situated in the said county of Taylor.
Fraction : section 31, township 67, range 34,-125 acres. E. hf. S. E. section 30, township 67, range 34 .- 62.50 acres. S. W., S. E. section 30, township 67, range 34,- 40 acres. W. hf. N. W. section 29, township 67, range 34,- 80 acres. .
S. hf. N. E. section 20, township 67, range 34,- 80 acres. N. hf. N. E. section 20, township 67, range 34,- 80 acres.
S. E. N. W. section 20, township 67, range 34,- 40 acres. N. E. S. W. section 20, township 67, range 34,- 40 acres. N. W. S. E. section 20, township 67 range 34,- 40 acres.
36
HISTORY OF TAYLOR COUNTY
S. W. S. E. section 20, township 67 range 34,- 40 acres.
E. hf. S. E. section 17, township 67, range 34,- 80 acres. W. hf. S. E. section 17, township 67, range 34,- 80 acres. S. hf. S. W. section 9, township 67, range 34,- 80 acres.
N. E. N. W. section 9, township 67, range 34,- 40 acres. 9. township 67, range 34,- 80 acres. 9, township 67, range 34,- 40 S. hf. N. E. section N. E. N. E. section acres. S. W. S. W. section 3, township 67, range 34,- 40 acres. N. W. S. W. section 3, township 67, range 34,- 40 acres. N. E. N. W. section 3. township 67, range 34,- 40 acres.
S. E. N. W. section
3, township 67, range 34,- 40 acres.
N. W. N. E. section
3, township 67, range 34,- 40
acres.
S. W. N. E. section 3, township 67, range 34,- 40 acres.
S. E. N. E. section
3, township 67, range 34,- 40 acres.
N. E. N. E. section
3, township 67, range 34,- 40 acres.
N. E. N. E. section 34, township 68, range 34,- 40 acres.
N. W. N. E. section 34, township 68, range 34,- 40 acres. acres.
S. W. N. E. section 34, township 68, range 34, 40
S. E. N. E. section 34, township 68, range 34,- 40
acres.
S. E. N. E. section 6, township 67, range 34,- 40 acres.
N. E. N. E. section 6, township 67, range 34,- 40 acres.
W. hf. N. W. section 5, township 67, range 34,- 80
acres.
W. hf. S. W. section 32, township 68, range 34,- 80 acres.
W. hf. N. W. section 32, township 68, range 34,- 80 acres. W. hf. S. W. section 29, township 68, range 34,- 80 acres. acres.
W. hf. N. W. section 29, township 68, range 34,- 80
S E. S. E. section 20, township 68, range 34,- 40
acres.
S. hf. N. W. section 20, township 68, range 34,- 80 acres.
N. hf. S. E. section 26, township 68, range 34,- 80
acres.
N. W. N. W. section 25, township 68, range 34,- 40
acres.
N. E. N. W. section 25, township 68, range 34,- 40
acres.
N. E. S. W. section 24, township 68, range 34,- 40 acres.
N. W. N. E. section 24, township 68, range 34,- 40
acres.
N. W. S. E. section 24, township 68, range 34,- 40 Fraction section 35, township 67, range 35,-125
acres. acres.
W. hf. S. E. section 26, township 67, range 35,- 80 acres.
N. E. N. E. section 26, township 67, range 35,- 40
acres.
E. hf. S. E. section 23, township 67, range 35,- 80
acres.
W. hf. N. W. section 24, township 67, range 35,- 80
acres.
N. E. N. W. section 24, township 67, range 35,- 40
acres.
S. W. S. E. section 13, township 67, range 35,- 40 acres.
N. W. N. W. section 18, township 67, range 34,- 40
acres.
S. W. S. W. section 7, township 67, range 34,- 40
acres.
S. E. S. W. section
7, township 67, range 34,- 40 acres.
N. W. S. E. section 7, township 67, range 34,- 40 acres.
W. hf. N. E. section 7, township 67, range 34,- 80 acres.
N. E. S. E. section 6, township 67, range 34,- 40 acres.
37
HISTORY OF TAYLOR COUNTY
N. W. S. E. section 28, township 67, range 32,- 40 acres. S. W. N. E. section 28, township 67, range 32,- 40 acres. N. E. S. E. section 28, township 67, range 32,- 40 acres. S. E. S. E. section 28, township 67, range. 32,- 40 acres. S. E. N. E. section 28, township 67, range 32,- 40 acres. N. E. N. E. section 28, township 67, range 32,- 40 acres. N. W. N. W. section 28, township 67, range 32,- 40 acres.
N. W. N. W. section 27, township 67, range 32,- 40 acres. N. W. S. E. section 27, township 67, range 32,- 40 acres. N. E. N. E. section 27, township 67, range 32,- 40 acres. 'acres.
S. E. S. E. section 22, township 67, range 32,- 40
N. E. S. E. section 22, township 67, range 32,- 40 acres.
acres.
S. W. S. E. section 22, township 67, range 32,- 40 N. W. S. E. section 22, township 67, range 32,- 40 acres. S. E. S. W. section 22, township 67, range 32, -- 40 acres.
N. E. S. W. section 22, township 67, range 32,- 40 acres. S. W. S. W. section 22, township 67, range 32,- 40 acres. N. E. N. W. section 20, township 68, range 34,- 40 acres. acres. acres. acres.
E. hf. N. E. section 17, township 68, range 34,- 80 S. W. S. W. section 9, township 68, range 34,- 40 Fraction section 34, township 67, range 35,-125 W. hf. N. E. section 34, township 67, range 35,- 80 acres. E. hf. N. E. section 34, township 67, range 35,- 80 acres. S. E. S. W. section 27, township 67, range 35,- 40 S. W. S. E. section 27, township 67, range 35,- 40 acres. acres. acres.
N. S. E. section 27, township 67, range 35,- 40 W. hf. N. E. section 27, township 67, range 35,- 80 acres. acres.
N. E. S. W. section 27, township 67, range 35, 40 S. E. S. W. section 22, township 67, range 35,- 40 acres.
N. E. S. W. section 22. township 67, range 35,- 40 acres. acres.
E. hf. N. W. section 22, township 67, range 35,- 80
W. hf. S. W. section 22, township 67, range 35,- 80 acres. W. hf. N. W. section 22, township 67, range 35,- 80 acres. S. W. section 15, township 67, range 35,-160 acres.
N. W. section 15, township 67, range 35,-160 acres.
S. W. S. E. section 28, township 67, range 35,- 40 acres.
S. W. S. E. section 34, township 68, range 34,- 40 acres. S. E. S. E. section 34, township 68, range 34,- 40 acres.
N. E. S. E. section 34, township 68, range 34,- 40 acres.
N. W. S. E. section 34, township 68, range 34,- 40 acres. W. hf. N. W. section 32, township 68, range 34,- 80 acres. W. hf. N. E. section 32, township 68, range 34,- 80 S. hf. S. E. section 26, township 68, range 34,- 80 acres. N. E. N. E. section II, township 67, range 32,- 40 acres.
acres.
S. W. S. W. section
I, township 67, range 32,- 40 acres.
S. E. S. W. section I, township 67, range 32,- 40 acres.
N. W. S. W. section I, township 67, range 32,- 40 acres.
38
HISTORY OF TAYLOR COUNTY
N. E. S. W. section I, township 67, range 32,- 40 acres.
S. W. N. W. section I, township 67, range 32,- 40 acres. S. E. N. W. section I, township 67, range 32,- 40 acres. N. W. N. W. section I, township 67, range 32,- 40 acres. N. E. N. W. section I, township 67, range 32,- 40 acres. N. E. N. W. section 12, township 67, range 32,- 40 acres. N W. N. W. section 12, township 67, range 32,- 40 acres. S. W. S. W. section 12, township 67, range 32,- 40 acres.
S. E. N. section 12, township 67, range 32,- 40 acres.
N. W. S. W. section 12, township 67, range 32,- 40 acres.
N. E. S. W. section 12, township 67, range 32,- 40 acres.
S. W. S. W. section 12, township 67, range 32,- 40 acres. acres.
N. W. N. W. section 13, township 67, range 32,- 40
S. W. N. E. section 13, township 67, range 32,- 40 acres. N. W. N. E. section 12, township 67, range 67,- 40 acres.
S. W. S. E. section I, township 67, range 32,- 40 acres.
N. W. S. E. section
I, township 67, range 32,- 40 acres.
N. E. S. E. section I, township 67, range 32,- 40 acres.
N. W. N. E. section I, township 67, range 32,- 40 acres. acres.
N. E. N. E. section I, township 67, range 32,- 40 S. E. N. E. section I, township 67, range 32,- 40 acres. S. E. S. E. section 36, township 67, range 32,- 40 acres.
S. W. S. E. section 36, township 67, range 32,- 40 acres.
N. E. S. E. section 36, township 67, range 32,- 40 acres.
N. W. S. E. section 36, township 67, range 32,- 40 acres. S. W. N. E. section 36, township 67, range 32,- 40 acres. S. E. N. E. section 36, township 67, range 32,- 40 acres.
N. E. N. E. section 36, township 67, range 32,- 40 acres.
N. W. N. E. section 36, township 67, range 32,- 40 acres.
S. E. S. W. section 29, township 67, range 32,- 40 acres. S. W. S. W. section 29, township 67, range 32,- 40 acres. acres.
S. E. S. E. section 30, township 67, range 33,- 40
S. W. S. E. section 30, township 67, range 33,- 40 acres. S. E. S. W. section 30, township 67, range 33,- 40 acres.
N. W. S. W. section 22, township 67, range 32,- 40 acres. S. E. N. E. section 22, township 67, range 32,- 40 acres.
N. E. N. E. section 22, township 67, range 32,- 40 acres. S. W. N. E. section 22, township 67, range 32,- 40 acres.
N. W. N. E. section 22, township 67, range 32,- 40 acres. acres.
S. E. S. E. section 15, township 67, range 32,- 40
S. W. S. E. section 15, township 67, range 32,- 40 acres. N. W. N. W. section 23, township 67, range 32,- 40 acres.
S. W. N. W. section 23, township 67, range 32,- 40 N. E. N. W. section 23, township 67, range 32,- 40
acres. acres.
S. W. S. W. section 14, township 67, range 32,- 40 acres.
S. E. S. W section 14, township 67, range 32,- 40 acres. acres.
S. W. S. E. section 14, township 67, range 32,- 40
39
HISTORY OF TAYLOR COUNTY
N. W. S. E. section 14, township 67, range 32,- 40 acres.
N. E. S. E. section 14, township 67, range 32,- 40 acres. S. W. S. W. section 14, township 67, range 32,- 40 acres. N. E. S. W. section 14, township 67, range 32,- 40 acres. S. E. N. W. section 14, township 67, range 32,- 40 acres.
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