USA > Iowa > Appanoose County > Past and present of Appanoose County, Iowa : a record of settlement, organization, progress and achievement, Vol. I > Part 11
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In the development of the public schools of lowa men from the southern states were not a little in evidence. A young Kentuckian, Berryman Jennings, was the first school teacher in lowa, conducting a school in Lee county from October to December. 1830. W. W. Jamison, a Virginian, a graduate of Washington Col- lege, was among the first teachers of Keokuk. The first schoolhouse was built three years later at Burlington by Dr. Ross, a long resident Kentuckian, already
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mentioned. It was Gideon S. Bailey, of Van Buren, also a Kentuckian, who introduced the first school laws in the territorial legislature in 1838. The schools of Council Bluffs were started by Mr. and Mrs. James B. Rue, from Kentucky. In 1838 a nephew of the author of "Thirty Years View," Thomas II. Benton, Jr., a Tennesseean, educated in Missouri and Tennessee, founded a classical school in Dubuque. Ten years later he entered upon an influential career as state super- intendent of public instruction that did not cease until his death in 1867. The influence of Rev. Samuel Clarke in the founding of the Iowa Wesleyan Univer- sity at Mount Pleasant has been noted. The founder of Cornell College, at Mount Vernon. was Rev. George B. Bowman, a North Carolinian. The first instructors in Oskaloosa College, in 1861, were two brothers, Rev. George T. and W. A. Car- penter, both sons of Kentucky. The former was made president and held the office until 1880. when he, with the assistance of his brother-in-law. General F. MI. Drake, founded Drake University, in Des Moines.
SOME OPINIONS
Among the pioneers opinions were now and then expressed concerning the nativity of the population. As we might anticipate the subject was not one that, amidst the press of efforts to subdue forests, prairie and stream, would seriously engage attention or elicit seasoned opinion. Personal associations, especially political and religious affiliations, usually narrowed vision and interfered with impartial judgment. A few recorded opinions are found that are of interest although they are somewhat divergent ; some were expressed early in the history of the state, some in memoirs and recollections published in recent years.
Writing to Peter Cooper in 1868, Governor Samuel Merrill, a native of Maine. who came to lowa in 1856, declared that the state was "settled mainly from Ohio. Indiana and Pennsylvania, with a large admixture from New England." Judge Francis Springer, also a son of Maine, who represented Louisa and Washing- ton counties in the territorial council in 1840-41, and in 1857 became president of the third constitutional convention, stated in his "Recollections," published in 184)7, that "the first settlers of lowa, it has been said, were from southern Ohio. Indiana and Illinois." Professor 1 .. F. Parker, one of Iowa's pioncer teachers and historians, writing in 1893, said that "the earliest settlers came largely from southern Ohio. Indiana. Illinois and the most northerly of the southern states; Pennsylvania soon furnished a large contingent. About 1854 large additions were made to the population from New England and from its earlier overflows into New York and northern Ohio." George Duffield. of Keosauqua, a pioneer of 1837, has recently told us that when his father. James Duffield, started west in 1837, there were thousands of settlers "on the move" towards lowa, leav- ing Pennsylvania and Ohio. "They (the Duffields) were joined on their way down the Ohio by movers from the Carolinas, Kentucky and other states, and all were afloat in keel boats, 'broads' and steamboats." The observation of the late Theodore Parvin respecting the settlement of sons of the Old Dominion in southern Iowa has already been quoted. According to Hawkins Taylor "Yan- kees were a scarce article" in Lee county in the first years of the territory. Dur- ing the winter of 1841 the late James Hilton, of Monroe county, made a "pedes- trian tour of the counties of Lee. Des Moines, Henry, Jefferson and Van Buren"
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and he found that "by far the greater part of the settlers in that part of Iowa were from Virginia, Kentucky and Indiana."
Three opinions are especially noteworthy. They were expressed by men whose experience with, and knowledge of the pioneers were both extensive and official. Each opinion was expressed in connection with or relative to a critical event in the life of the territory of the state. The nativity of the people was con- sciously considered in the first and third and evidently in the mind in the second, hence their significance.
When the first proposals for the organization of the territory of Iowa were being urged upon congress, the lynx-eyed, far-seeing guardian of slavery, Cal- houn, was stoutly opposed. George W. Jones, the delegate of Wisconsin, who urged our case "told him that the inhabitants were mainly from Missouri, Ken- tucky and Illinois; that the institutions of the south had nothing to fear from them. Mr. Calhoun . replied that this state of things would not last long; that men from New England and other states, where abolition sentiments prevailed, would come in and drive him from power and place." The error of both Jones and Calhoun was their lack of appreciation of the abolition or anti-slavery senti- ment among the southerners who came north.
Writing to Salmon P. Chase upon conditions in Iowa in 1856, Governor Grimes declared: "The southern half of our state is strongly pro-slavery, but I think we will be able to carry a majority with us for free principles. The north third of our state will be to Iowa politically what the Western Reserve is to the state of Ohio." The implications plainly are: first, people of southern sympathies, if not of southern lineage numerically prevailed in Iowa up to 1856; second, the same was true of southern Ohio; and third, the opponents of slavery, if they were to win in their fight against the arrogant advance of the leaders of the southern system had to depend upon the division of the southern residents in lowa. The latter fact has not been fully appreciated in Iowa. No more has a similar state of facts in southern and western Pennsylvania, in Ohio, Indiana and Illinois.
In 1859. excluding slavery, the question that vexed Iowans locally more than any other matter, was the continuance of the county judge system that was insti- tuted in 1851. The gross disregard of economy in financial administration and often flagrant misuse of their autocratic powers in many districts outraged the dearest traditions of the New Englanders and New Yorkers who came into Iowa in such numbers between 1850 and 1860. Julius H. Powers was elected to the senate in 1859 from a district in north central Iowa comprising nine counties. He was chairman of the senate committee on county and township organization. In describing the contest in the legislature over the attempt to revolutionize the system of local government, Mr. Powers explains the animus of the struggle, and so far as I can discover he is the only observer or writer who has perceived the profound social and political consequences of the different streams of pio- neer immigration into Iowa in the ante bellum period :
"Two tides had flowed into Jowa in populating the state, one from the cast bringing the New England element and habits, with its memory of town meet- ings and individual rights, and one from the south, bringing with it the southern clement with its thoughts and polity.
"In the early settlement of the state the southerner had largely predominated,
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and the state's early organization was fashioned and molded by that influence, and the old baronial system had been perpetuated through the slave power where necessity required a centralizing. To abolish this one man power and disburse it among the many was looked upon by the southern element as dangerous in the. extreme, and considerable bitterness was engendered when a change was demanded.
"Party lines were thrown down, and former influences and surroundings controlled the vote."
All these things may be so; and still the numerical preponderance of southern stock in Iowa prior to the Civil war is by no means demonstrated. The pre- dominance of southerners among the men charged with the supervision of this region in the preterritorial days may have been a mere chance occurrance. The preference of the national government for men of southern blood or views in the territorial appointments was due, some may contend, to political conditions affect- ing the entire nation. Again the large number of southerners in our early legis- lative and constitutional assemblies, while very suggestive, is not in and of itself proof of the numerical preponderance of southern stock. And as to opinions they are usually based on promiscuous and vagrant impressions. The facts may be far different.
The New England tradition must be adversely considered, and presump- tuous though it may seem, Justice Miller's judgment must be reversed; the decision must be lowa was settled first by sons of the Old Dominion interspersed with the vigor of New England. Upon such a holding much that is inexplicable in Iowa's history becomes easily understandable. We can readily appreciate why Senator Dodge could so confidently proclaim in the senate in 1854 that he and his colleague, General Jones, with the senator from Pennsylvania were the only senators from the north who had voted against the Wilmot Proviso and for the fugitive slave law; and why Governor Grimes found the south half of Iowa so strongly pro-slavery.
This predominance of southern stock among lowa's pioneers, the prevalence of southern traditions among the dominant political forces of the state prior to the Civil war had ineradicable effects upon the life and institutions of lowans. Throughout the entire history of the state one may discern a sharp cleavage among the people of Iowa that in general typifies the traditional conflict between the Cavalier and the Puritan. It is manifest not only in the political life of the state, but in the social life of the people, in industry and commerce, in church and religion, in education and modes of recreation-sundry phases of which the writer hopes some time to set forth.
CHAPTER III
COUNTIES AND COUNTY NAMES-NUMBER IN THE STATE-LAW'S AS TO THEIR CRE.A- TION-ORIGIN OF DIVIDING STATES INTO COUNTIES AND TOWNSHIPS-HOW THEY WERE ORGANIZED IN IOW.A. .
COUNTY ORGANIZATION
With regard to the origin of dividing individual states into county and town- ship organizations, which in an important measure should have the power and opportunity of transacting their own business and governing themselves under the approval of and subject to the state and general government of which they cach formed a part, we quote from Elijah M. Haines, who is considered good authority on the subject.
In his "Laws of Illinois, Relative to Township Organizations," he says the county system "originated with Virginia, whose early settlers soon became large landed proprietors, aristocratic in feeling, living apart in almost baronial magnifi- cence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly dis- tributed over a great area.
"The county organization, where a few influential men managed the whole business of the community, retaining their places almost at their pleasure, scarcely responsible at all except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was, moreover, consonant with their recollections or traditions of the judicial and social dignities of the landed aristocracy of England. in descent from whom the Virginia gentleman felt so much pride. In 1834 eight counties were organized in Virginia and the system extending throughout the state spread into all the southern states and some of the northern states, unless we except the nearly similar division into districts' in South Carolina and that into 'parishes' in Louisiana, from the French laws.
"Illinois, which with its vast additional territory, became a county of Vir- ginia, on its conquest by General George Rogers Clark, retained the county organi- zation, which was formally extended over the state by the constitution of 1818. and continued in exclusive use until the constitution of 1848.
"Under this system, as in other states adopting it, most local business was transacted by those commissioners in each county, who constituted a county court, with quarterly sessions.
"During the period ending with the constitution of 1847, a large portion of the state had become filled with a population of New England birth or character, daily growing more and more compact and dissatisfied with the comparatively
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arbitrary and inefficient county system. It was maintained by the people that the heavily populated districts would always control the election of the commis- sioners to the disadvantage of the more thinly populated sections-in short that under that system 'equal and exact justice' to all parts of the county could not be secured.
"The township system had its origin in Massachusetts and dates back to 1635.
"The first legal enactment concerning this system provided that, 'whereas particular towns have many things which concern only themselves, and the order- ing of their own affairs and disposing of business in their own town.' therefore, 'the freemen of every town, or the majority of them, shall only have power to dispose of their own lands and woods with all the appurtenances of said town, to grant lots, and to make such orders as may concern the well ordering of their own towns, not repugnant to the laws and orders established by the general court.'
"They might also," says Mr. Haines, "impose fines of not more than twenty shillings, and 'choose their own particular officers, as constables, surveyors for the highways and the like.'
"Evidently this enactment relieved the general court of a mass of municipal details, without any danger to the power of that body in controlling general meas- ures of public policy.
"Probably also a demand from the freemen of the towns was felt for the control of their own home concerns.
"The New England colonies were first governed by a 'general court, or legis- lature, composed of a governor and a small council, which court consisted of the most influential inhabitants and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders.
"They made laws, ordered their execution by officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations and in fact did all the public business of the colony.
"Similar provisions for the incorporation of towns were made in the first constitution of Connecticut, adopted in 1639, and the plan of township organiza- tion as experience proved its remarkable economy, efficiency and adaptation to the requirements of a free and intelligent people, became universal throughout New England and went westward with the emigrants from New England into New York, Ohio, and other western states."
Thus we find that the valuable system of county, township and town organi- zations had been thoroughly tried and proven long before there was need of adopting it in Iowa, or any of the broad region west of the Mississippi river. But as the new country began to be opened and as eastern people continued to move westward across the mighty river and form thick settlements along its western shore, the territory and state and county and township and town organi- zations soon followed in quick succession and those different systems became more or less modified and improved. accordingly as deemed necessary by the experience and judgment and demands of the people until they have arrived at the present stage of advancement and efficiency.
In the settlement of the territory of lowa the legislature began by organiz- ing counties on the Mississippi. As each new county was formed it was made
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to include under legal jurisdiction, all the country bordering west of it and required to grant to the accidental settlers election privileges and an equal share in the county government with those who properly lived in the geographical limit of the county. The counties first organized along the eastern border of this state were given for a short time jurisdiction over the lands and settlements adjoining each on the west, until these different localities became sufficiently settled to support organizations of their own, and finally, at the first session of the legislature, after the Indians sold out, the newly acquired territory, incluid- ing all northwestern lowa, was laid off into counties, provisions were made for their respective organizations when the proper time should arrive and these were severally named.
At the time of the organization there were but two townships in the county- Magnolia and Jefferson. The organization was completed by the election of Abraham Fletcher, of Fremont county, Charles Wolcott, of Mills county, and A. D. Jones, of Pottawattamie county, commissioners ; and Michael Me Kenney, organizing sheriff.
The election, it is hardly necessary to say, had nothing of the nature of a political contest. The object was simply to organize the county and political differences had not yet appeared. But very soon there came a change. The citizens were then generally quiet, industrious and peaceable with one another. Occasional differences and disputes arose, which in the main were soon over- looked or forgotten on account of their necessary and natural dependence for aid and convenience, as well as for common defense in their pioneer homes.
Dissensions and enmities, however, began to creep in gradually as the settle- ment progressed and continued to increase in working discontent very much in proportion as the settlements became more independently situated and more exclusive in their devotion to self interest and advancement. The unwelcome spirit of dissension began to manifest itself to the public most clearly perhaps about the time of the proclamation of the organizing sheriff announcing the organization of the county, which would create numerous offices to be filled from the ranks of the first voters.
These offices during the first term of course, presented no great inducement for being very eagerly sought after, so far as the salary was concerned, but then they afforded positions of influence and preference, and they might in the near future prove very convenient stepping stones to more lucrative and influential positions. Beside, it was no mean thing to be elected to fill the first offices created in the new county. In this regard they afforded considerable inducement for being sought after by those who were at all inclined toward official distinction and they called forth numerous aspirants.
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At that time as well as now, doubtless, there was a good percentage of worthy. influential citizens who, so far as their own desires for official position were con- cerned were entirely disinterested in the political canvass. These persons sought no such positions for themselves and would not accept one if offered. Public applause and criticism- were not at all coveted by them. Nevertheless they were as deeply interested in the welfare of the county as any other citizens and had a decided preference for those who should receive their votes They desired to entrust the county government to efficient, trustworthy men, who were willing to assume the responsibility, and capable of conducting it in an
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efficient and acceptable manner, while they themselves were content to engage in some other department of the county's progress, more congenial to their tastes and dispositions. On the other hand, there were always enough of those who would accept these official positions, more or less reluctantly or cheerfully. if duly elected or urged a little to fill them, so that it was soon found the various offices were not sufficient to give each of the aspirants a position. Evi- dently some of these must gain the honored distinction, while others must be left out, part of whom doubtless would be disappointed not a little over their defeat.
Who then of these various aspirants were the best qualified to fill these sev- eral positions? Who had the most deserved claim on the public support ? Who were the shrewdest political tricksters and wire pullers? Who of all the num- ber could wield the most extended and effective influence, either by honorable. or it may be, by unfair means in securing the majority vote? These and many other questions of similar character would quite naturally arise, even in the minds of early settlers, as the memorable first election day drew near, when they must each receive a decisive answer at the ballot box.
COUNTIES AND COUNTY NAMES
There are and have been ever since the 26th day of February, 1857. ninety- nine counties in this state. No county has been created under the present con- stitution of the state, although acts have been passed looking to that end. One enactment divided the county of Kossuth, and out of the three northernmost townships erected the county of Crocker; but the act was subsequently pro- nounced unconstitutional by the supreme court. Acts looking to the division of Pottawattamie county have also been passed, but, upon submission to the voters of that county, were defeated.
The creation of a county having less than 432 square miles has always been forbidden by the state constitution, and it was because the proposed county of Crocker was obnoxious to this interdiction that the act creating it was deciared void. It was found, however, when the present constitution was adopted. that, owing to want of knowledge of the fact that the township adjoining the north- ern state line (number 100) was one mile short throughout its entire length. several counties, viz: Mitchell, Worth, Winnebago. Emmet. Dickinson and Osceola-had each an area sixteen miles less than the required minimum. To remove all doubts likely to arise because of this error, the constitution of 1857 authorized the organization of these counties with their area already defined.
The present constitution further provides that "no law changing the bound- ary lines of any county shall have effect until, at a general election, it shall be approved by a majority of the votes in each county cast for and against it." An act was passed in 1862 authorizing counties to readjust their boundaries as they might see fit. Under the provisions of this statute, the boundary line of Crawford and Monona counties was removed six miles to the westward. The commissioners who drafted the code, believing the act unconstitutional, recom- mended that it be not embodied in the code, which recommendation being adopted, the act ceased to have force September 1, 1873.
Two counties were created by the legislative council of Michigan ; twenty-
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two (including three extinct) by the legislative assembly of Wisconsin; and twenty-three by the legislative assembly of lowa territory; while the general assembly of the state has established in all fifty-nine, of which, however, it has abolished three-Bancroft, Yell and the first Humboldt.
All the counties of the state are now organized and have been so since 1871. The organization of the older counties was provided for by special legislative enactments. But chapter 84, of the acts of the first general assembly, and chap- ter 12, of the acts of the fourth general assembly, provided modes of proceed- ing for such organization ; and, especially since January 22, 1853, when the lat- ter act took effect, nearly all the counties organized, and since the adoption of the present constitution all of them have followed the mode thus provided.
The statement given below is a brief synopsis of the facts connected with the establishment and organization of the counties, together with the original selection of county seats, so far as the same may be gathered from the various statutes of the several legislative bodies.
The act of the territorial council of Michigan which laid off the counties of Dubuque and Demoine is deemed of sufficient interest to warrant its reproduc- tion entire here :
An Act to lay off and organize counties west of the Mississippi river.
Section 1. Be it enacted by the legislative council of the Territory of Michi- gan. That all that district of country which was attached to the territory of Michigan, by the act of congress entitled "AAn act to attach the territory of the United States west of the Mississippi river and north of the state of Missouri to the territory of Michigan," approved June twenty-eight, eighteen hundred and thirty-four, and to which the Indian title has been extinguished, which is situated to the north of a line to be drawn due west from the lower end of Rock Island to Missouri river, shall constitute a township which shall be called Dubuque ; the said county shall constitute a township which shall be called Julien ; the seat of justice shall be established at the village of Dubuque until the same shall be changed by the judges of the county court of said county.
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