Leading Events in Johnson County, Iowa, History, Part 8

Author: Aurner, Clarence Ray, 1861-
Publication date: 1912
Publisher: Cedar Rapids, Ia. : Western historical Press
Number of Pages: 745


USA > Iowa > Johnson County > Leading Events in Johnson County, Iowa, History > Part 8


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Among the first items to suggest the topic above is a claim made upon Linn county, itemized in such a clear way that no doubt may be had of its meaning. It amounted to a financial claim as follows: "To paid teams for hauling provisions to


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Bloomington, $15.00; expense in transportation, $2.871/%; boarding prisoners and guards, $14.00; candles and subsist- ence, $1.25; liquidating account for guard attendance on Wal- lace [one of the Goudy robbers], $38.00; irons for prisoners, $2.00; a total of $73.121/2." It would be necessary to search the Linn county records for the answer to this claim.78 No bill comes from Muscatine county to indicate all items but a lump sum is granted by the commissioners to D. S. Smith, jailor, for his services in caring for Johnson county prisoners."


Denton J. Snyder, of Muscatine, presented his bill for guard- ing Johnson county prisoners in July, 1842, but it was not al- lowed; neither is the reason mentioned. One year later they re- considered their action, and allowed him fair compensation. Time was an element that helped to clear the atmosphere or some pressure was used to secure the attention of the authori- ties. Wallace, the prisoner named in the Linn county bill, was heard from again when the clerk of Washington county pre- sented his claim for fees in the case which was tried on a change of venue to that county. The trial was in 1840 and the claim came up in April, 1843, long enough surely for consideration, yet his claim also was rejected.75


Sheriff McAllister, of Johnson county, was concerned in caring for a Miss Simmons, a prisoner from Cedar county, for which service he presented a bill of expenses. It is called "Cedar County's bill," but was allowed as reduced by the county commissioners of Johnson. Whether they collected from Cedar is not stated.


In the case of State vs. Ketchum for larceny, in which the prisoner was sent to the penitentiary, Cedar county citizens were allowed for their services in three separate instances, R. M. Long as justice, James H. Robinson as sheriff, and Wm. M. Knott [commonly called Bill] for guard duty. The latter item was fifty cents." Ketchum was captured in Clinton county by John Porter and the above expense was incurred on the way to Iowa City. A Washington county prisoner, Harri- man, came under the care of John D. Abel, the Johnson county sheriff, in 1849. He "boarded, guarded, and ironed" the said John C. Harriman, from June 26 to July 5, 1849, while the prisoner came before the supreme court, for which service Johnson county paid seventeen dollars to its sheriff.


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Iowa county was accommodated in 1851 when Michael Sey- del, a constable, conveyed a prisoner, one Comstock, to that jurisdiction. Stringent action was ordered in the case of a Wright family who applied to the township trustees for assist- ance, and the judge of Iowa county was notified to take charge of the family, after they were furnished with present needs and warned to leave. April 5, 1854, the county judge mailed notices similar to the one sent to the Iowa county judge to the judges of Muscatine and Cedar counties. This was self defense from the immigration of paupers and is a practice still necessary."


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CHAPTER VI


The Establishment and Organization of Townships *


B Y AN act of the legislative assembly of the original terri- tory of Wisconsin, approved December 21, 1837, Johnson county was established; 78 but provision for the organization of the government of this county was not made until 1838. In the meantime it was temporarily "attached to and considered in all respects a part of Cedar county.""" By the act of the legislative assembly of the territory of Iowa, approved June 22, 1838, provision was made for the organization of the county "from and after the fourth day of July." This act also pro- vided for the holding of two terms of the district court an- `nually; and the town of Napoleon was designated as the first seat of justice.80


According to the provisions of the act of December 21, 1837, Johnson county included twenty congressional townships. This, however, was but a temporary arrangement, since by the act (of January 25, 1839) of the legislative assembly of the terri- tory of Iowa, locating the boundaries of the county of Wash- ington, three townships were taken from the southern tier of Johnson county and added to Washington county. (See Map I).81 Again, in 1845, the legislative assembly of the territory of Iowa detached that portion of township seventy-seven north, range six west, which lies east of the Iowa river, from Wash- ington county and added it to Johnson county, thus making the Iowa river the western boundary of that portion of the county. (See Map II).82


Previous to the formation of civil townships the county was divided into precincts for election purposes. Although few in number, these precincts may be regarded as the historical pre- cursors of the civil townships. At first it appears that the entire county was divided into two electoral precincts - a


* This chapter was first published in the Iowa Journal of History and Politics for April, 1911.


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division that was authorized by the county commissioners on March 6, 1840. The southern part of the county was desig- nated as precinct number one, and the northern part as pre- cinct number two. The line separating these two precincts was not defined at this meeting of the board, although the places of election were named as Iowa City and the house of Warren Stiles, respectively.83 That no division line was named at the March session appears to have been an oversight on the part of the commissioners, for it appears that they established the line at the regular session in the following July. As defined on July 8, 1840, the line of division commenced at the northeast corner of section twenty-four, township eighty north, range five west, and followed the line between sections thirteen and twenty-four westward to the Iowa river, and from this point up the river to the county line.84 (See Map III).


On April 8, 1841, that part of the county lying west of the Iowa river was declared to constitute "an electoral precinct and to be known as precinct number three," and the elections in this precinct were to be held at the house of John Hawkins.85 (See Map IV). At this same session, the place of elections in the second precinct was changed from the house of Warren Stiles to that of Abner Arrosmith.


A further division of the county was made in 1842, at the January session of the commissioners, by dividing the third precinct by a line beginning on the Iowa river and running due west between sections twenty-two and twenty-seven, township seventy-nine north. All the territory south of this line was designated precinct number four, and the place of holding elec- tions was located at the house of Jacob Fry. At the same ses- sion of the board precinct number five was created by dividing the second precinct by a line running north and south one mile east of the township line dividing ranges six and seven. The house of M. P. McAllister was named by the commissioners as the polling place.86 (See Map V). One finds on the records for this session a change in the place of election in the second pre- cinct from the house of Hamilton H. Kerr to the town of Solon; but no mention is made of the time when the house of Abner Arrosmith was abandoned, as the place for elections, for the house of Kerr.


Proper names were assigned to some of these precincts in


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1843, since election judges are named by the commissioners for Iowa City precinct, for Big Grove precinct, and for Monroe precinct. The other two were known by numbers until July 3, 1844, when according to the records all of the five are referred to by names instead of numbers. Thus precinct number one was called Iowa City; precinct number two, Big Grove; pre- cinct number three, Clear Creek; precinct number four, Old Man's Creek; and precinct number five, Monroe.87


No provision was made for the establishment of civil town- ships in Johnson county until petitions came before the board


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of county commissioners at the January session in the year 1844. On this occasion three separate petitions for the estab- lishment of townships west of the Iowa river were presented for their consideration. Owing to the confusion of overlapping boundaries, as requested in the petitions, no action was taken on the subject by the commissioners at this session.88 In April of the same year (1844) another petition came up "from sun- dry citizens" of Clear Creek voting precinct, requesting the establishment of a civil township in that vicinity. The record breaks off suddenly, which seems to indicate a want of infor- mation or a postponement of consideration for the session. The words "commencing at the southeast corner of township


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eighty," being all that is found in this connection, suggests that the civil township under consideration was number eighty north, range seven west.89


It was not until April, 1845, that any civil township was established in Johnson county. Then the commissioners took the initiative, so far as can be learned, and decided upon the name of "Big Grove" for township eighty-one north, range six west. The first election for the local officers of the town- ship was held at Big Grove school house on the first Monday in April, 1846 - which was the regular election day for town- ship officers throughout the territory.90 (See Map VI). More- over, early in the year 1846 there appears to have been a gen- eral demand for the establishment of civil townships through- out the county, which, with but a single exception, resulted in the preliminary definition of boundaries for all the territory of the county in the form of civil townships.


The first petition in 1846 came from the settlers in township eighty-one north, range five west; and it will be noticed that this territory lies just east of Big Grove township, which was established in the fall of 1845. The petition was heard and favorably considered by the commissioners. The name "Ce- dar" was given to the new township; and the first election was called at the house of Philo Haynes. (See Map VII). No date being mentioned, one must conclude that the election was held on the same day as that of the other townships, namely, the first Monday in April, 1846.º1


Moreover, it appears that the first townships established coincided with the congressional lines according to the peti- tions of the citizens who occupied the territory. This was also true of Iowa City township, for the establishment of which no petition was presented from the inhabitants. In this instance the record of the commissioners reads that "township seventy- nine north, range six west, shall be known as Iowa City town- ship, and the first election shall be held at the court house in Iowa City." 92 (See Map VII).


At an extra session of the board of commissioners, which was held in February, 1846, the chief business was that of establishing and naming civil townships. At this time it was customary for the people of a certain neighborhood to fix upon the boundaries, which were then usually specified in the peti-


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tion asking for the establishment of the township. The com- missioners as a rule followed the lines as described in the pe- tition. This method as a matter of fact frequently resulted in the division of congressional townships in the formation of civil townships, which led to many readjustments in township boundaries in the subsequent history of the county. All of the first elections in the townships established at this extra session of the board took place on the first Monday in April, 1846.


According to the records Scott township was to include all the territory of congressional township seventy-nine north, range five west. This is definite and simple, the thirty-six square miles needing no other description. (See Map VII). The first election was to be held at the school house near the home of Matthew Teneyk.


Pleasant Valley township was to be composed of all that part of Johnson county south of township seventy-nine north, ranges five and six west, lying east of the Iowa river. It in- cluded congressional townships seventy-seven and seventy- eight north, range five west, and the fractions of the same townships in range six, lying east of the Iowa river. (See Map VII). The first election was to be held at the house of Robert Walker.98


Monroe township is described as formed from the part of Johnson county which lies in congressional townships num- bered eighty-one north, in ranges seven and eight west, and north of the Iowa river. (See Map VII). Here the first elec- tion was to be held at the home of William Dupont.º4


Penn township requires a more detailed description which, as found in the records, reads: "Commencing at the middle of the main Channel of the Iowa River, where the north line of township number seventy-nine range six crosses the same, then west along this township line to the northwest corner of the same township, then north on the range line two miles, then west one mile, then north one mile, then west to the west line of township eighty north, range seven west, then on the range line to the Iowa River, and then with the river to the place of be- ginning." (See Map VII). The first election in this township was to be held at the school house near Chapman's.95


In the description of Penn township no mention is made of the change in the boundaries of Big Grove township as estab-


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lished in 1845. As a matter of fact the portion of township eighty-one north, range six west, lying south of the Iowa river now became a part of Penn township. (Compare Maps VI and VII). This change made little difference, however, in the affairs of the township of Big Grove, since elections had not yet been held in any of the townships.


One of the larger divisions of the county made at this time for civil purposes was the township of Clear Creek, which was composed of fractions of several congressional townships. Commencing at the northwest corner of congressional town- ship seventy-nine north, range six west, the boundary line of this civil township follows the southern and western boundary of Penn township until it reaches the northwest corner of township eighty north, range seven west; then it runs west on the township line until the west line of the county is reached; then down the county line until it reaches the middle of town- ship seventy-nine, range eight west; then east along this line to the west line of township seventy-nine, range six west; then north to the place of beginning. (See Map VII). The first election was called at the house of Bryan Dennis, who was a citizen of the district described.


It is noticeable that the boundaries of Clear Creek township leave the fractional part of township eighty-one, range eight west, lying south of the Iowa river, without any organization, since it was left out of Monroe at the time of its organization and is not now included in Clear Creek.º6 (See Map VII).


Newport township in its original form included all of con- gressional township eighty north, range five west, and all of the same township in range six, lying east of the Iowa river. (See Map VII). It will be remembered that Penn township was, in part, composed of the remainder of congressional township eighty north, range six west, which lay west of the river. The first election was called at the house of Cornelius Lancaster.


Liberty township was at first composed of a part of that portion of the county which lies along the southern boundary of the county and may be best described in the language of the order by which it was established. It includes all that part of Johnson county "Commencing at the south line of the County on the west bank of the Iowa River, then up the river to the south line of township seventy-nine, range six west, then west


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to the southwest corner of said township, then north on the range line to the center of the west line of the same township, then west to the center of township seventy-nine, range seven west, then south to the county line; then east to the place of beginning." (See Map VII). In this township the first elec- tion was ordered to be held at the house of John Smith.97


OLD BOWERSOCK HOMESTEAD, JEFFERSON TOWNSHIP


The last of the orders of the commissioners in fixing the preliminary boundary lines for civil townships in the year of 1846 relates to the township of Washington, which lies in the southwest corner of the county. In the beginning this town- ship included more than twice its present area. The lines limit- ing it were the western boundary of the township of Liberty, commencing in the middle of the south line of township sev- enty-eight, range seven west, then running north to the middle of township seventy-nine, range seven west, then west to the


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county line, then south to the corner of the county, and finally east to the place of beginning. (See Map VII). The first election was to occur at the home of William Fry.98


This completes the original division of the territory of Johnson county into civil townships - with the exception of the small fraction of township eighty-one north, range eight west, lying south of the Iowa river. This first districting of the county into civil townships was accomplished by the board in 1845 and 1846, and is fully illustrated by Maps VI and VII.


In April, 1847, a petition was presented from seventeen citizens of Scott township asking to have that township at- tached to Iowa City township for civil purposes. The commis- sioners took the petition under consideration and finally agreed to place it on file until their next session, which would occur in July.ºº Careful examination of the records of the July meet- ing reveals no record of any further action on the subject. Not, indeed, until the October session of the board was any change made in the boundaries of this township. Then the boundaries were altered so that sections thirty-four, thirty- five, and thirty-six, and the south half of sections twenty- seven, twenty-six, and twenty-five of township eighty north, range five west, were attached to Scott township "for all civil and judicial purposes." It will be observed that these sections and fractions of sections were taken from Newport township, thus altering the boundaries of that township as described in 1846. (See Map VIII).


During this same October, 1847, session of the commission- ers, and without petition or suggestion so far as the records show, the lines of other civil townships were changed, indicat- ing the uncertainty of what was thought best to be done with the scattered settlements of the time. Washington township was enlarged by taking the north half of congressional town- ship seventy-nine, range eight west, from Clear Creek and giving it to Washington. This left Clear Creek in a very un- satisfactory shape for a civil township, as will be observed by a study of Map VIII.100 Moreover, it is interesting to notice the next move of the citizens of township seventy-nine north, range seven west, which, however, did not occur until five years had passed, or until 1852.


At the August, 1852, session the county court was petitioned


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to make a new township out of congressional township seventy- nine north, range seven west. County commissioners were no longer sitting in judgment on these petitions, since by this time they had been succeeded in authority by the county judge. The petition in question came from citizens of three civil town- ships as then established, namely, Clear Creek, Washington, and Liberty. They declared in their petition that they were put to great inconvenience in attending elections and public meetings in the townships as then established, pointing out that the new arrangement would be much better for all con- cerned. Judge Lee heard the request, which was signed by John D. Abel, Edward Tudor, and thirty-three other citizens. After due consideration it was ordered by the judge that the boundaries of the new township, called Union, be fixed as "prayed for," which meant that it would include the whole of congressional township seventy-nine north, range seven west. Thus Union township was made up of territory taken from three civil townships previously organized. (See Map IX). The first election was to be held at the house of James Sea- horn on the first Monday, in April, 1853.101


In March, 1854, Eebnezer Bivins, P. P. Cardwell, William A. Howard, and thirty-seven others petitioned the county judge to divide Monroe township on the range line between ranges seven and eight so that it would retain all of township eighty- one north, range eight west, lying north of the Iowa river; while a new township, to be called Jefferson, was to be estab- lished including the remainder of Monroe as first established and organized, or all of township eighty-one north, range seven west, lying north of the Iowa river. (See Map X). The re- quest was granted; and the first election was ordered to be held as usual on the regular day for the election of officers of civil townships, at the house of Walter F. Lloyd.102


Union township was also modified at this time, although one might suppose its boundaries were as near perfect as they could be made. A German citizen, Gotleb Rossler (probably Gottlieb Rössler), presented his individual petition for a change that is rather peculiar. He wished to have sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of township seventy-eight north, range seven west, except the south-west one-fourth of section seven, added to Union township. The judge appears to have


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taken a favorable view of this request - although one can not see why the exception should be made in the case of section seven. Accordingly, the changes were ordered as requested and the boundaries re-formed by giving detailed outlines. No systematic order of beginning is observed in the description, but the aim seems to have been to find a point that could be located without error. In this case the description of the boun- dary line begins at the northeast corner of township seventy- nine north, range seven west, runs south on the range line to the southeast corner of section twelve, township seventy-eight north, range seven west, then west on the section line to the southwest corner of the southeast quarter of section seven of the last-mentioned township, then north to the center of section seven, then west to the west line of the congressional township, then north on the range line to the northwest corner of town- ship seventy-nine north, range seven west, and then east to the place of beginning.103 (See Map X).


The large territory included in Clear Creek township as originally established was gradually reduced by the formation of other townships. Union had been taken largely from it; and now in 1856 a petition comes for a second township to be formed from congressional township eighty north, range eight west, and the fractional part of township eighty-one, range eight, lying south of the Iowa river. (See Map XI). The pe- tition was signed by W. H. Cotter, Luther Doty, Hiram B. Mc- Micken, and forty-one others. The township name selected by the petitioners was "Oxford." 10+ This was ten years after the establishment of Monroe township, the fractional part of the congressional township of which Monroe was a part not having been provided for until this time. (See Map VII). The first election for Oxford township was ordered to be held at the house of John L. Hartwell.


Graham township dates its establishment from 1857 when Judge Lee described the boundaries in these words: "Com- mencing at the southeast corner of township eighty north, range five west, north on the county line to the northeast corner of the same township, west to the northwest corner of section five, south on the section line to the southwest corner of section thirty-two, then east to the place of beginning." (See Map XII). This was in fact a division of Newport township as es-


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tablished in 1846. The first election was ordered to be held at the house of Miles K. Lewis.105


The first official mention of Fremont township is in the re- turns of an election on the question of issuing bonds for the construction of a railroad. This occurred in April, 1857. For services at this election in Fremont township Daniel S. Ball was allowed one dollar and fifty cents.106 As organized in 1846 Pleasant Valley included the territory now in Fremont. In 1870, the township of Lincoln did not embrace that portion of the county which is today included in Fremont township. The conclusion follows then, from other data mentioned above, that the township was organized in the early part of 1857. (See Map XII). The county records, however, throw no light on this subject beyond the item mentioned, and inquiry fails to produce any further information.




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