USA > Iowa > Johnson County > Leading Events in Johnson County, Iowa, History > Part 6
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Until 1832, there was no legal authority for settlers to enter and remain upon the lands that are in any respect comprised within the limits of Johnson county. The map which is shown in this section (Map A) will show what proportion of this par- ticular county was included in the purchase of 1832. Less than two congressional townships belong in that purchase and this limited area was in the form of a triangle on the eastern border. The next addition of Indian territory that was opened to the settlement of the whites and which lies within the bounds of the county was about the same in area. It was opened in 1836 by the cession of the Keokuk Reserve, the 400 square miles
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HISTORY OF JOHNSON COUNTY, IOWA
reserved in 1832 along the Iowa river, the upper end of which extended into the limits of the present Johnson county as shown by the map mentioned. However, the greater part of the county lies in the district known in the purchases of the government as the cession of 1837, and it happens that the northern part of the county is wholly within that district, since this was the widest extent of the strip containing 1,250,000 acres, lying along the western side of the Black Hawk Purchase.
Probably no county in the state has the same relations to the three tracts bought at different times from the Indians, and it is not strange that some of the settlers got over the line into "Indian Country" when the rush began for the new land. It is easy to understand the reasons for the locations of certain trading houses when one notices the lines as they run and the situation of the natives with relation to the white settlers.
Not until the Indian title to the land was extinguished could anything be done toward the organization of the settlers who had come here in advance of the law, so far as the government was concerned. Their only relief from lawlessness was in the mutual associations for the protection of each. Following close upon the treaty of 1837 the county was organized, as will be noted later on in this chapter. The Indian, as he lived here, has a history of his own that runs over into the beginnings of the territorial and county organization. This county has at different times been the hunting grounds of the Winnebago, the Iowa, the Illinois, and the Muscatine Indians, who had been forced to retire from the incursions of the Sioux on the north and west, and the Sacs and Foxes from the north and east. The first of the tribes mentioned retired to the north while the others were crowded east, leaving finally the land now comprised in Johnson county in possession of the Sacs and Foxes. If one could follow these tribes to the bitter end it would furnish, to quote the compiler of the facts given, "a study in the different stages of progress and decay of a once powerful nation." The leading spirit of the Sacs, Black Hawk, according to story, was a native of Illinois and led his people in many battles at an early age because of his remarkable ability. In the contests with the Sioux he is said to have driven them far to the north in 1805, and after his last defeat in his
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MAP A
JOHNSON COUNTY AS ORIGINALLY ESTABLISHED IN 1837
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INDIAN VILLAGES. TRADING HOUSES, AND FIRST SURVEYED TOWNS
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THE INDIAN AND HIS CLAIMS
attack upon Fort Howard he retired to the west side of the Father of Waters, where his people had been driven and where three divisions of his tribe established their homes in the limits of Johnson county. This contest was not settled even then, for the warfare was continued, as we may judge from the story of Henry Felkner regarding the times in his day and as quoted many times in various connections. It ap- pears that the Indians in 1837 had organized for the purpose of a hunting expedition so far as the outward signs indicated, but in reality to make war upon their old enemies the Sioux. So far as the white settlers could tell there was no excitement over this departure and while weeks went by with no tidings the friends in camp seemed to have no fears concerning their comrades. One pleasant evening in September when all was quiet in camp a sudden shout was heard from the bluff north- east of the upper town and this was followed immediately by six others in rapid succession, all of which were heard in the camp although they came from some distance. The effects are said to have been most striking, for the natives understood from the first shout that some message was to follow, and it came from some special brave sent in advance. This news was of the bloody battle and the defeat of the Sac tribe, which he had been sent on the long and weary journey to relate to the families of those who had been slain or captured. In the lan- guage of the one who told this: "He spoke so distinctly that all heard and when he had finished such a wail went up from those bereaved of fathers and husbands and sons as I had never heard before, for the camp was literally a house of mourning."
Indian women do not weep like white women, but they wail, and for weeks they could be heard every day wailing in some secluded place as if their hearts were broken. When the war- riors returned they brought the wounded down the river in canoes, carried them to the vicinity of Gilbert's trading house and put them in charge of their "medicine man." Some of the wounded died under his care and it probably was not his treatment that saved the remainder.
There were three villages in the vicinity. The upper town, known as the town of Wapashiek, was located in section twenty-two of what is now East Lucas township. The lower town was that of Poweshiek, the leading chief of the three,
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HISTORY OF JOHNSON COUNTY, IOWA
really the superior of the tribes, and located in section thirty- five of the same township. The point where the messenger stood was on the high point in section twenty-two "just east of the residence of James McCollister."
The complete history of the early Indians cannot be written in the present since there is absolutely no record beyond what has been quoted and what may be found in general histories on the subject. Here and there one may find suggestions of what happened in the brief mention of the early settler and occa- sionally in some record where the information would be least expected, as referred to in the county records in this section.
At the great council held at Rock Island in 1836 for the sale of the Keokuk Reserve it is said that there were nearly if not quite a thousand Indians present, being the largest gathering of Sac and Fox Indians on record, for such a purpose at any rate, as the treaty with the white man. From the meeting of the settlers and the tribes there seems to have grown up a friendship that led to personal favors when the first settlers came to select their land after the purchase of 1837. We read of Poweshiek entertaining the two men who came into the neighborhood to make their homes after the meeting at Rock Island when John Gilbert piloted Eli Myers and Philip Clark to the village of the chief to partake of his food. Philip Clark described the meal as follows: "The guests were seated on a strip of pucaway, a smooth matting woven from the cattail flags or rushes; the pipe was then passed and the first course of beaver soup was brought on," which course, according to the description, "was too thick for soup and too thin for a roast and a little hard to get hold of with the point of a knife, although not a bad article when once in possession of it. This was followed with a blanket full of hot cakes made from pounded corn and fried in the fat of the beaver or bear. Then came a bundle of beaver tails, roasted, and also slices of roasted elk meat, ground nuts, and coffee in tincups." The affair closed with another passing of the "eternal pipe."
Iowa became a territory on July 4, 1838, and on this occa- sion the settlers then in the county met at Gilbert's trading house to celebrate the day. Poweshiek was asked to address the white brothers after A. D. Stephens, who could interpret the Indian tongue, had explained to him why the white men
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THE INDIAN AND HIS CLAIMS
remembered this day. Rising to his full Indian height, and slipping his blanket from his shoulders, he raised his hand aloft and pointing to the westward he said: "Soon I shall go to a new home and you will plant corn where my dead sleep. Our towns, the paths we have made, and the flowers we love will soon be yours. I have moved many times and have seen the white man put his feet in the tracks of the Indian and make the earth into fields and gardens. I know that I must go away and you will be so glad when I am gone that you will soon for- get that the meat and the lodge-fire of the Indian have been forever free to the stranger and at all times he has asked for what he has fought for, the right to be free." Contrary to the opinion of many the thought was all his own, and it was trans- lated and related by A. D. Stephens.
Strangely interesting is the account given of the group of several hundred Indians that are said to have viewed from a distance the labor of the capitol commissioners when they, in 1839, set the stakes for the building that now is regarded as of deepest interest on the University campus. It is of more interest to know that it was at this same time that the Indians were packing their ponies to move on to the northwest from their old towns south of the new capital of the territory of Iowa. It is further related that on the very day mentioned they set out on their journey, and as they passed through the town of Napoleon they stopped to see the baby and say good bye at the home of Patrick Smith. This departure tells the last story of the Indian supremacy in Johnson county, and it has been told in a form that should be preserved without change so far as possible : "Before leaving their dead warrior near Napoleon the last sad rites were said at the Indian tomb which has so often been described as of distinctive form in the manner of burial, the body being really but half buried, and readily exposed in its enclosure in the open prairie, so that it could be seen at any time. Gathered here were seen a number of the older squaws, who were heard chanting their weird fare- well to the departed before they took up their final march to the new home. Both white and red men listened to the mourn- ful sounds in silence, and when the ceremony was finished the Indian women drew their blankets about them and set out to the northward with the train of more than four hundred little
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HISTORY OF JOHNSON COUNTY, IOWA
and great, of Sacs and Foxes who left behind the towns of Poweshiek, Wapashiek, and Totokonoc, tenantless, abandoned, the last trace of the once proud owners of the soil in that part of the county and the only fortified town." They moved about twenty miles this time into what is now Monroe township. (See Map B).88
Poweshiek was described as of large size, weighing not less than 250 pounds, "fat, heavy, lazy, and a drunkard, whenever he could get whisky, and that was frequently." Yet he was held as "honest, brave, and just." His word was regarded as sacred, and a gift was remembered with gratitude. While slow to arouse, when once he became aroused he was full of energy and proved a powerful man so long as the stimulus was applied. His sense of justice was keen and, "all in all, he was rather a noble specimen of the American savage."
The second in command of the tribe was physically the con- verse of Poweshiek, tall and thin and possessing less force of character than his chief. He, however, managed his own vil- lage very well and referred all serious matters to his superior. Thus was Wapashashiek described.
Kiskekosh was not a chief but a prominent Indian - a war leader and also a leader on his own motion of parts of the tribe. He aspired to lead on future occasions and was a powerful and influential Indian; tall, straight, and active, a swift runner, the master of his tribe in contests of physical endurance, a sober man, eloquent in his language, but was said to be untrust- worthy among all the whites, "cunning, keen, dishonest, mean, and treacherous."
These were the leaders of the Fox tribe in 1837 which in- habited the present townships of Pleasant Valley and East and West Lucas, the latter two of which were first called as taken together Iowa City township. (See Map B). An instance of jus- tice as administered by Poweshiek was the return of a stolen horse which was found in possession of an Indian of his tribe. Calling the attention of the chief to his loss, the owner found him ready to co-operate in the search, whereupon he issued in- structions that no one should be allowed to leave the camp until further orders, and no one went. Then the owner located his horse; the one in whose possession it was found being sub- jected to cross-examination could give no clear account of his
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THE INDIAN AND HIS CLAIMS
ownership and was forced to make return of the animal and additional restitution.84
That other agencies than the Indian population may have had residence here is believed by some as the various mounds described might have had a prehistoric origin. In the county there are or have been located many of these, notably the fol- lowing, described as existing generally in groups, usually occupying the higher ground in the bend of or at the confluence of streams. The time of settlement found them in their most perfect condition, and for that reason they were more con- spicuous than when the cultivation of the soil had made changes in the land. Some of them were quite extensive, if we may take the present record as evidence, since dimensions are given as thirty feet in diameter. "In East Lucas township, sections three and four, there were two groups of probably forty in number; in section eleven there were two; in section twenty-seven of Newport township there was a large group; and in Penn township, numerous collections; sixty-four were found in section thirty-three of Liberty township; twelve were located in sections twelve and thirteen of Fremont township." This is not given as all of the prehistoric remains in the county, but suggests the early findings of the first settlers. It is said that the Indians claimed no knowledge of these but de- clared them to have been far in the past.
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CHAPTER V
County Organization and Government ·
BY THE laws of Wisconsin territory, approved December 21, 1837, the boundaries of Johnson county were fixed as follows: "Beginning at the southeast corner of Linn county; thence west, with the southern boundary of Linn to the line dividing ranges eight and nine west; thence south to the line dividing township seventy-six and seventy-seven north; thence east with said township line to the line dividing ranges four and five west of the fifth principal meridian; thence with said range line, north to the place of beginning; shall be and the same is hereby constituted a separate county to be called Johnson." By the same act, section sixteen, the county of Johnson was attached to Cedar "for judicial purposes," and its officers conducted the affairs of this county until its organ- ization in 1838.85
At a special session of the legislature of Wisconsin terri- tory, begun and held in the city of Burlington, June 11, 1838, provision was made for the "organization and establishment of the seat of justice in and for Johnson county." The text of the act is as follows :
"Be it enacted by the council and house of representatives of the Territory of Wisconsin, That the county of Johnson be and the same is hereby organized from and after the fourth day of July next [July 4, 1838], and the inhabitants of said . county be entitled to all the rights and privileges to which by law the inhabitants of other organized counties of this Terri- tory are entitled, and the said county shall continue to be a part of the second judicial district, and a district court shall be held at the town of Napoleon, the seat of justice, at the court house, or such other place as may be provided. Two terms shall be held annually after the organization of said county, to-wit: on the second Monday of August and December;
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COUNTY ORGANIZATION AND GOVERNMENT 63
and the several acts concerning the district courts of the said Wisconsin Territory shall be and they are hereby made appli- cable to the district court of Johnson county, and the county of Keokuk is hereby attached to said county of Johnson for ju- dicial purposes." 36
However, when the boundary line of Washington county was fixed in 1839 Johnson county lost three townships from its orig- inal plat. (See Map B). To show how this happened it is necessary to quote the act establishing the boundary lines of Washington county.
At the first session of the legislature for the territory of Iowa
BUILDING WHERE FIRST LEGISLATURE OF IOWA MET
held at Burlington, 1838-39, the following act was passed : "Be it enacted by the Council and House of Representatives of the Territory of Iowa, that the county heretofore known and desig- nated as the county of Slaughter shall hereafter be called the county of Washington, and that the boundary lines of said county are hereby established as follows: Beginning on the range line between ranges five and six west, where the town- ship line dividing townships seventy-three and seventy-four north intersect said line, thence west with said township line to the line dividing ranges nine and ten west, thence north on the said line to the line dividing townships seventy-seven and seventy-eight north, thence east on said line to the range line
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64 HISTORY OF JOHNSON COUNTY, IOWA
between ranges five and six west, thence south with said line to the place of beginning." 37
Johnson county had no voice in this cutting away of these townships from its original plat, but a small part of this was restored in 1845. An act of the legislature of the territory approved June 5, 1845, reads in substance as follows: That all that portion of township number seventy-seven north and range number six west lying on the east side of the Iowa river and now composing a part of Washington county be detached from the county of Washington, and the same is hereby "at- tached to and made a part of the county of Johnson for all purposes whatsoever." This act was to take effect and be in force from and after its passage.38 (See Map VII, Chap. VI).
From that time Johnson has retained its present boundaries. All that belongs to the county organization, whether roads, ferries, sub-divisions of the county for road districts, voting precincts, or civil townships with all their modifications, in additions or subtractions, is within the above boundary.
The details of township development are found as a part of this section, which study is an interesting phase of the history of any county in this part of the state, and also one indicating the desire of the people to have a voice in affairs most nearly concerning them.
The county commissioners of Johnson county organized on the 29th day of March, 1839, under the act passed by the terri- torial legislature, approved December 14, 1838.39 This act provided for a board of county commissioners for the trans- action of county business to consist of three qualified electors, any two of whom should be competent to do business, to be elected by the qualified electors of the several counties respec- tively. It was further provided in section two of the act that these persons so elected should serve one, two, or three years, according to the number of votes received by each of them, and in the elections following one commissioner only should be elected. They were required by the act to hold four meetings each year, but extra or called sessions are of frequent occur- rence throughout the period of the county commissioners. Provisions were made for the matter of deciding the elections and for continuing business when only two members were present and a division occurred on a question. A common
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COUNTY ORGANIZATION AND GOVERNMENT 65
seal must be selected, and in this connection, some invention was necessary since seals could not be obtained on short no- tice." Certain passages in the acts of the commissioners are explainable by reference to this act, and in the proper connec- tion such reference is made.
Henry Felkner, Abner Wolcott, and William Sturgis were the first county commissioners chosen under this act, having
OLD COURT HOUSE
been elected in 1838 at the regular election. Only two, Felk- ner and Wolcott, were present at the first session. Samuel C. Trowbridge," sheriff, and Luke Douglass, clerk pro tem, were in attendance according to requirements of the law. Luke Douglass was appointed permanent clerk on motion of Henry Felkner, and it was ordered by the court, which title means the board of commissioners, "that the eagle side of a ten cent piece be adopted as the county seal until one might be provided by the territory."
The second session began on the first day of April, 1839, with all members present. On motion of Abner Wolcott, "Wheton Chase was appointed treasurer of Johnson county." It was
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HISTORY OF JOHNSON COUNTY, IOWA
further ordered that "the clerk and sheriff decide by draft which one of two commissioners which received an equal num- ber of votes should hold their seat for three years." The re- sult of this draft was as follows: "Henry Felkner, Esquire, set for three years, Abner Wolcott for two years, and William Sturgis for one year." Samuel C. Trowbridge, the sheriff of the county, was appointed assessor for the year 1839. The assessment roll as made by him for 1839 is bound in the front of Book I of the proceedings of the county commissioners. William C. Massey was appointed "constable in and for John- son county, Territory of Iowa" and from this date regular ses- sions of the board were held according to law,42 in the months of April, July, October, and January. Called meetings might occur on notice from any two members to the third, such meet- ings to continue not longer than three days. The chief busi- ness of the first called session, held on May 15, 1839, was the ordering of the payment of sundry bills which, while similar in their purpose and small in general amount, contained some suggestive items throwing light upon the customs of the day. These payments are for services rendered the county and not itemized fully, but it is mentioned that the sheriff received the largest item in payment for services in securing two juries and for attending the sessions of the court of county commission- ers. John Trout was allowed "one-eighth dollars" for ser- vices "rendered the county." Samuel H. McCrory was ap- pointed commissioner, on the part of Johnson county, to locate that part of the National Road leading from a point opposite Oquawka [in the state of Illinois] to Napoleon, which "lays" in Johnson county.
A regular session was held in July, 1839. Commencing promptly on the first day, all members were present. A pecu- liar feature of the minutes kept by the clerk, Luke Douglass, is the expression at the beginning of each session, "amongst others were the following proceedings, to-wit:" suggesting an incomplete record, although this doubtless refers to matters discussed informally and not necessarily a matter of record.
Pleasant Harris, Andrew D. Stephens, and John Egan were appointed judges of the county election which came on, in the month of August following, while the rate of taxation was fixed at this meeting at one-half percent on the dollar. They con-
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COUNTY ORGANIZATION AND GOVERNMENT
trolled the matter of appropriations for, under the act pro- viding for a board of county commissioners, they were al- lowed to fix the compensation of the attending officers. Luke Douglass, clerk, was therefore paid three dollars per day, for the time the board was in session. The first mention of trade or industrial matters, occurs at the meeting of October, 1839, when Edward Foster, Esq., applied for a license to conduct a store, or sell goods in Iowa City for one year on payment of twenty dollars for the privilege. At this point in the proceed- ings a change of importance was made, yet without authority, when at the conclusion of the session held on October 7, 1839, the court of county commissioners adjourned not to meet the next morning at Napoleon, as one would expect, but at the house of F. M. Irish in Iowa City.43 Henry Felkner and Philip Clark, the latter having been chosen to succeed William Sturgis, signed the proceedings. This appears to the reader as an unwarranted proceeding, since no act provided for the change of the seat of justice from Napoleon to Iowa City, how- ever desirable it may have been in the time of anticipation that the territorial capital was to come to this county."
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