USA > Iowa > Hancock County > History of Winnebago County and Hancock County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 18
USA > Iowa > Winnebago County > History of Winnebago County and Hancock County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 18
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Anderson's gallant little band responded promptly to the fire and the bombardments continued all day. Late in the afternoon fire broke out in one of the casements of the fort and the Confederates increased their fire, hoping to force the surrender of Anderson. That was on Friday. Anderson held out against desperate odds until Sunday, the 14th, when he was permitted to evacuate the fort with all the honors of war, even to saluting his flag with fifty guns before hauling it down.
When the news of Sumter's fall spread through the loyal states of the North all hope of bringing about a peaceable settlement of the differences was abandoned. Party lines were obliterated. Political controversies of the past were forgotten in the insult to the flag. There was but one sentiment-the Union must and shall be preserved. On Monday, April 15th, 1861, the day following Anderson's evacuation of the fort, President Lincoln issued the following
PROCLAMATION
"Whereas, the laws of the United States have been for some time past and are now opposed and the execution thereof obstructed in the states of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana and Texas, by combinations too powerful to be suppressed
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by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law :
"Now, therefore, I, Abraham Lincoln, President of the United States, in virtue of the power in me vested by the Constitution and the Laws, have thought fit to call forth and hereby do call forth the militia of the several states of the Union to the aggregate number of 75,000, in order to suppress said combinations and cause the laws to be fully executed.
"The details for this object will be immediately communicated to the state authorities through the War Department
"I appeal to all loyal citizens to favor, facilitate and aid this effort to maintain the honor, the integrity and the existence of our national Union and the perpetuity of popular government, and to redress wrongs already too long endured.
"I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with property, or any disturbance of peaceful citizens in any part of the country.
"And I hereby command the persons composing the combinations aforesaid to disperse and retire peaceably to their respective abodes within twenty days from this date.
"Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both houses of Congress. Sen- ators and Representatives are therefore summoned to assemble at their respective chambers at twelve o'clock, noon, on Thursday, the 4th day of July next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand.
"In witness thereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
"Done at the city of Wishington this 15th day of April, A. D., 1861, and of the Independence of the United States, the 85th.
"ABRAHAM LINCOLN.
"By the President:
"W. H. SEWARD, Secretary of State."
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AND HANCOCK COUNTIES
SENTIMENT IN IOWA
On the 16th, the day following the issuance of the President's proclamation Governor Samuel J. Kirkwood of Iowa received the fol- lowing telegram from the secretary of war :
"Calls made on you by tonight's mail for one regiment of militia for immediate service."
It is said that when this message was delivered to the governor he expressed some doubts as to Iowa's ability to furnish an entire regi- ment. Notwithstanding his doubts on the subject, as soon as the call was received, he issued his proclamation asking for volunteers, to wit:
"Whereas, the President of the United States has made a requisi- tion upon the executive of the state of Iowa for one regiment of militia, to aid the federal government in enforcing its laws and sup- pressing rebellion :
"Now, therefore, I, Samuel J. Kirkwood, Governor of the State of Iowa, do issue this proclamation and hereby call upon the militia of the state immediately to form in the different counties volunteer companies with a view of entering the military service of the United States for the purpose aforesaid. The regiment at present required will consist of ten companies of at least seventy-eight men each, in- cluding one captain and two lieutenants, to be elected by each com- pany.
"Under the present requisition only one regiment can be accepted and the companies accepted must hold themselves in readiness for duty by the 20th of May next at the farthest. If a sufficient number of companies are tendered, their services may be required. If more com- panies are formed and reported than can be received under the present call, their services will be required in the event of another requisition upon the state.
"The Nation is in peril. A fearful attempt is being made to over- throw the Constitution and dissever the Union. The aid of every loyal citizen is invoked to sustain the general government. For the honor of our state let the requirements of the President be cheerfully and promptly be met.
"SAMUEL J. KIRKWOOD.
"Iowa City, April 17, 1861."
As the first telegram from the war department called for one regi- ment of militia for immediate service and Governor Kirkwood stated in his proclamation that the companies "must hold themselves in readiness for duty by the 20th of May," a word of explanation as to this apparent discrepancy seems to be necessary. The explanation
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is found in the fact that late on the afternoon of April 16, 1861, the governor received a second telegram from the secretary of war, say- ing: "It will suffice if your quota of volunteers be at its rendezvous by the 20th of May."
On the same day that Governor Kirkwood issued his call for vol- unteers he also issued a call for the state legislature to meet in special session on May 16th. At the opening of the special session he said in his message : "In this emergency Iowa must not and does not occupy a doubtful position. For the Union as our fathers formed it and for government founded so wisely and so well the people of Iowa are ready to pledge every fighting man is the state and every dollar of her money and credit, and I have called you together in extraordinary session for the purpose of enabling them to make the pledge formal and effective."
He then explained how, when the volunteer call came from Wash- ington, he had no funds under his control for such emergencies as organizing, equipping, subsisting and transporting troops, nor had the state any effective military law under which he could operate. He also explained how the chartered banks and wealthy loyal citizens of the state had come to his rescue by placing at his disposal all the funds he might need, and concluded this portion of his message by saying : "I determined, although without authority of law, to accept their offer, trusting that this body would legalize my acts."
And the governor did not trust in vain. The immediate and uni- versal response to his call for volunteers had removed any doubt he might have entertained as to Iowa's ability to furnish a whole regi- ment. The general assembly crystallized the patriotic sentiment of the people by legalizing everything the governor had done, by passing a law providing for the organization of the militia of the state upon a war footing, appropriating a sum of money large enough to cover all probable expenses in connection therewith.
RESPONSE IN WINNEBAGO COUNTY
The United States census of 1860 gives Winnebago a total popula- tion of only 168 people. The county had not been organized a great while and consequently the number of volunteers available in so sparse a community would be necessarily small. At the beginning of the war there were no newspapers in the county, mail trains or telegraph com- munication with the outside world. The only means of communication was by the slow mail route and events happened weeks before the intelligence of them was borne to the settlers here. When the news of the firing upon Fort Sumter reached the county there was unani-
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mous condemnation of the South and enthusiasm to join the colors immediately. This was natural, as but few votes had been east in 1860 against Lincoln and Hamlin. There were a few who voted the demo- cratie ticket, but these were quickly lined up with the North when the two sides of the country came to blows.
Winnebago County was quick to respond to the call of the President and the proclamation issued by Governor Kirkwood. The board of county supervisors met in August, 1862, present, Chairman C. D. Smith, A. T. Cole and John H. T. Ambrose. Among other business transacted the following motion was passed :
"That each volunteer shall receive a bounty of $50 out of the coun- ty fund at the time of enlistment. Also, that each volunteer's wife shall receive from the clerk $1 per week and each child fifty cents per week during the time said volunteer is in the service of the United States, or until the present war is ended."
On December 14, 1863, the board of supervisors in session adopted a resolution as follows :
"Resolved, that anyone who will volunteer from this county before the 5th of January, 1864, or before there is a draft in the state, or county, shall receive the sum of $200, and anyone who is drafted shall receive the sum of $100, the warrants to be issued when each volunteer or drafted person is accepted into the United States service."
In August, 1864, the board further decreed that "each volunteer or drafted man from the county under the call of the President for 500,000 men, should receive a bounty of $200, and that the wife and each child under thirteen years of age should receive $1 a week apiece for their support while said volunteer was in the service of the United States."
At a meeting of the board January 10, 1865 the following resolution was passed :
"Resolved, By the board of supervisors of Winnebago County, Iowa, that the sum of $1,000 be, and the same is hereby appropriated to each and every person volunteering from said county to fill the quota of each township of the said county; said appropriation to be paid in warrants on the treasury of the County, said warrants to be payable one half in one year from date, and one half in two years from date of their issuance, and to draw interest at the rate of six per cent per annum."
On January 5, 1866 the board again took action of interest to the soldiers. They ordered that "all soldiers of Winnebago County who had received less than $300 bounty shall receive enough to equal that sum, and the clerk is hereby ordered to issue warrants to make up the difference." The warrants so issued were to bear interest at the
THE OLD BRICK SCHOOLHOUSE, FOREST CITY, IN 1876 Teachers: Professor Guthrie; W. H. May: Elsie Cooper; Mary Pickney Elder.
FALL
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rate of six per cent and were payable one-third in one year and the balance in two years.
Thus did the county of Winnebago amply care for her citizens who enlisted in Uncle Sam's forces.
ROSTER
The following official list gives the names of the men from Winne- bago County who served in the Rebellion, their company and their regiment :
TWELFTH U. S. REGULAR INFANTRY
Company C Privates
Harrison Beadle
William Lackore, Jr.
John Belt
J. B. Hill
John ยท Oulman
Fred Porter
Louis Porter
John Beadle
SECOND IOWA INFANTRY
Company C Privates
David Secor Hans Knudtson
C. H. Lackore
THIRTY-SECOND IOWA INFANTRY
Company B Second Lieutenant Samuel W. Griffin Corporals
Chandler W. Scott
Milton P. Goodell
Privates
Allen T. Cole Eugene B. Oulman Charles C. Church
Hiram K. Landru Samuel Tennis, Jr.
FOURTH CAVALRY
Company C Private Jolmn W. Collier
I-12
B. F. Denslow David Stancliff
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EIGHTH IOWA VETERAN INFANTRY
Company F Privates
Charles C. Church
James Lackore
SECOND CAVALRY Company I Privates
Sylvester Belcher
Cornelius A. Baker
David Lutz Simon Trumbull
THOSE WHO DIED
Winnebago County did not escape from the Rebellion without loss among her gallant sons. Iowa suffered immeasurably in this struggle of Americans and this county bore her share.
B. F. Denslow perished in Libby Prison of starvation. David Stan- cliff fell in the seven days' fight before Richmond in July, 1862. He received seven bullets in his body and died within a few hours. Milton P. Goodell was wounded and captured at the battle of Pleasant Hill, Louisiana, April 9, 1864, and died just one month later. William Lack- ore, Jr., died shortly after his discharge from the United States serv- ice, from the effects of being struck upon the chest by a shell fragment. Samuel Tennis, Jr., died June 9, 1864, while in the service, of brain fever brought on by exposure.
CHAPTER IX
THE BENCH AND BAR
BEGINNING OF CIVIL LAW-PURPOSE OF THE COURTS-TERRITORIAL COURTS- DISTRICT COURT-MENTION OF DISTRICT JUDGES-THE CIRCUIT COURT- LIST OF COUNTY ATTORNEYS-THE BAR- THE LAWYER AS A CITIZEN- SKETCHES OF PIONEER LAWYERS-THE PRESENT BAR.
Civil law made its appearance as soon as men began to realize that they were dependent upon each other, and that some system of rules was necessary for the protection of person and property-rules that would promote the general interest without trampling upon the rights of the individual. The legislator and the lawyer therefore made their appearance with the very dawn of civilization. At first the laws were few and simple and the methods of the primitive courts were doubtless crude as compared with those of modern times. But as the occupa- tions and business interests of the people became more diversified through the needs of advancing civilization, the laws became more complex and were arranged into codes.
"To establish justice" was written into the Federal Constitution by the founders of the American Republic as one of the primary and paramount purposes of government. To establish courts through which the safety of person and the rights of property shall alike be securely safeguarded! The founders of the republic also showed their wisdom in separating the functions of government into three depart- ments-the legislative, the executive and the judicial-the first to enact, the second to enforce and the third to interpret the nation's laws. States have copied this system and in. every state there is a Legislature to pass laws, a supreme and subordinate courts to interpret them, and a governor as the chief executive officer to see that they are fairly and impartially enforced.
TERRITORIAL COURTS
When the territory of Iowa was organized in 1838, Charles Mason, who lived in Burlington, Iowa, was appointed chief justice; Joseph Williams, of Pennsylvania, and Thomas S. Wilson, of Dubuque, asso- ciate justices. Upon these three men devolved the duty of holding court at such places as their presence might be required, anywhere in
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the entire territory. It would be an arduous task for three judges to attempt to hold court and settle all the disputes in Iowa now, but in 1838 there were only a few settlements along the eastern border. All three of these judges continued on the bench until Iowa was admitted into the Union in 1846. Judge Mason was the first chief justice of the State Supreme Court until he resigned in June, 1847, when he was succeeded by Judge Williams.
DISTRICT COURT
When Winnebago County was created in 1851, it was placed in the Fifth Judicial District, which included practically all Northwestern Iowa, and of which Cave J. McFarland was judge. No provisions were made for holding court in the county, for the reason that at that time it had not a single white inhabitant. Judge McFarland retired from the bench about the time Winnebago County was settled, and about the same time the state was redistricted for judicial purposes, Winnebago being included in the Fourth Judicial District, of which Asahel W. Hubbard, of Sioux City, was elected judge in 1857. Before Judge Hubbard had an opportunity to hold court in Winnebago County the state was again redistricted and the county was made a part of the Eleventh Judicial District, which was composed of the counties of Boone, Franklin, Hamilton, Hardin, Marshall, Story, Web- ster, Winnebago and Wright.
John Porter, of Hardin County, was the first judge of the Eleventh District. He was born in Washington County, Pennsylvania, April 14, 1828, and passed his boyhood there, working on a farm or in a mill during the summer months and attending the public schools in the winter seasons. At the age of eighteen years he began teaching in the common schools and followed that profession for about three years. He then entered the law office of Todd, Hoffman & Hutchins, one of the leading law firms of Warren, Ohio, where he studied for several years and in 1854 was admitted to the bar. The same year he located at Plymouth, Indiana, and practiced there for two years, when he came to Iowa, first locating at Mason City, but later removing to Eldora. In 1858 he was elected judge of the Eleventh Judicial District and remained on the bench until 1866, when he resigned to engage in the practice of his profession.
Judge Porter presided at the first term of the District Court ever held in Winnebago County, in June, 1859. The records of that term were burned and the oldest record of the District Court in and for Winnebago County is that of June, 1862. Judge Porter also presided at this term. The grand jury for the term was drawn from the fol-
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lowing list: E. A. Ames, Jolm S. Anderson, H. S. Botsford, Darius Bray, A. P. Harper, David Lentz, Charles Lutz, Augustus Ouhan, John Oulman, David Secor (foreman), Eugene Secor, Charles D. Smith, Samuel Tennis, George W. Thomas and B. F. Wellnan.
The following citizens of the county were summoned as petit jurors : John H. T. Ambrose, Jolm S. Blowers, J. K. Boyd, Charles Church, James Church, Robert Clark, J. H. Day, George Lackore, Hudson Lackore, James Lackore, William Lackore, James Pinckney, C. A. Stedman, Edwin Trumbull and Simon Trumbull.
In 1864 the Twelfth Judicial Distriet was created, consisting of the counties of Bremer, Butler, Cerro Gordo, Floyd, Hancock, Mitchell, Winnebago and Worth. William B. Fairfield was elected the first judge of this district and began his judicial duties on January 1, 1865.
Judge Fairfield was a native of New York, where he was educated, studied law and was admitted to the bar. At the time of his election to the bench he was practicing law at Charles City, the county seat of Floyd County. He is remembered by old attorneys as a man of commanding appearance, well educated, thoroughly versed in the law, but one who "liked to take things easy." He lacked much of that reserve which so often distinguishes judges. In 1870 he resigned his position on the bench and engaged in the banking business at Charles City, in which he continued until his death some years later.
George W. Ruddick, of Bremer County, succeeded Judge Fairfield. He was born in Sullivan County, New York, May 13, 1835. His early education was acquired in the common schools of his native country, but at the age of fourteen years he entered an academy at Chester, Ohio, where he studied for one year. He then read law with A. C. Niven, of Monticello, Ohio, and in April, 1856, graduated at the Albany Law School. Upon receiving his diploma from that institution he was admitted to practice in the courts of New York, but decided to try his fortunes in the West. In July, 1856, he located at Waverly, Iowa, and quickly established himself in practice. The Circuit Court was estab- lished by the Legislature of 1868, and in the fall of that year Mr. Rud- dick was elected one of the circuit judges. When Judge Fairfield resigned in 1870, Judge Ruddick was appointed to the vacancy by Governor Merrill and continued to serve as district judge until 1892.
Porter W. Burr, of Floyd County, succeeded Judge Ruddick and began his official term in January, 1893. He was a good lawyer before going upon the bench and made a capable judge, but he declined a second term, preferring to engage in private practice. In 1897 he was succeeded by Jefferson F. Clyde, of Mitchell County. That Judge Clyde was a good judge is evidenced by the fact that he was reelected in 1900, 1904 and 1908, serving four full terms of four years each. His
.
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successor, Millard F. Edwards, of Butler County, was elected in November, 1912.
As there have been two judges in the Twelfth Judicial District since 1886, a word of explanation as to how this was brought about may not be amiss. The constitution of 1857, Article V, Section 1, pro- vides that: "The Judicial power shall be vested in a supreme court, district court, and such other courts, inferior to the supreme court, as the General Assembly may, from time to time, establish." Under this authority the Legislature of 1868 created a tribunal known as the
CIRCUIT COURT
The act establishing the Circuit Court provided that the State of Iowa should be divided into two circuits. Harvey N. Brockway, of Han- cock County, and George W. Ruddick, of Bremer County, were the circuit judges whose jurisdiction extended over the Twelfth Judicial District. In 1870 Judge Ruddick was appointed district judge, as already stated, and Robert G. Reiniger, of Floyd County, succeeded him upon the circuit bench. When Judge Brockway's term expired in 1872 no successor was elected, the circuit after that time having but one judge. In 1884 John B. Cleland was elected to succeed Judge Reiniger. His home was at Osage, Mitchell County, where he had been engaged for several years in the practice of law before his elevation to the bench. He served until the Circuit Court was abolished by an act of the Legislature.
At the general election on November 4, 1884, the people of the state ratified the following constitutional amendment relating to the judi- cial department of the state: "At any regular session of the Gen- eral Assembly, the state may be divided into the necessary judicial districts for District Court purposes, or the said districts may be reorganized and the number of districts and the judges of said courts increased or diminished; but no reorganization of the districts or diminution of the judges shall have the effect of removing a judge from office."
Pursuant to the authority conferred by this amendment, the Legis- lature passed the act abolishing the Circuit Court, which act was approved by Governor Larrabee on April 10, 1886. That act also divided the state into eighteen judicial districts and provided for two judges in the Twelfth District. Judge Cleland, who was then circuit judge, was appointed as the second judge in the Twelfth Dis- trict and served until the general election of 1888, when John C. Sherwin was elected as his successor. Judge Sherwin was a resident of Mason City, Cerro Gordo County, and was a man of exceptional
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ability. He served as district judge until November 7, 1899, when he was elected one of the judges of the Iowa Supreme Court and was succeeded as district judge by Clifford P. Smith, of Cerro Gordo County. Judge Smith was in turn succeeded in 1908 by Joseph J. Clark, of Mason City, who was reelected in 1912 and again in 1916.
A third judge was added to the Twelfth District by the act of 1898. Charles H. Kelley, of Charles City, Floyd County, was elected to the office, which he has held continuously by reelection since that time. At the beginning of the year 1917 the judges of the district court for the district were: Charles H. Kelley, Millard F. Edwards and Joseph J. Clark.
COUNTY ATTORNEYS
Prior to 1886 the district or prosecuting attorneys held their office by appointment. The following amendment to the fifth article of the state constitution was adopted by the voters of the state at the general election on November 4, 1884: "Section 13, The qualified voters of each county shall, at the general election in the year 1886, and every two years thereafter, elect a county attorney, who shall be a resident of the county for which he is elected, and shall hold his office for two years, and until his successor shall have been elected and qualified."
Under this provision the following have served as county attorneys of Winnebago County, the year in which each was elected also being given : C. L. Nelson, 1886; C. H. Kelley, 1892; Andrew Miller, 1896; Oliver Gorden, 1898; T. A. Kingland, 1904; G. H. Belsheim, 1908; Homer A. Brown, 1910 (to fill a vacancy) ; L. A. Jensen, 1910 (for a full term) ; Thomas Boynton, 1916.
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