USA > Iowa > Appanoose County > Past and present of Appanoose County, Iowa : a record of settlement, organization, progress and achievement, Vol. I > Part 12
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Sec. 2. All that part of the district aforesaid, which was attached as afore- said to the territory of Michigan, and which is situated south of the said line to be drawn west from the lower end of Rock Island, shall constitute a county, and be called Demoine ; the said county shall constitute a township, and be called Flint Hill; the seat of justice of said county shall be at such place therein as shall be designated by the judges of the county court of said county.
Sec. 3. A county court shall be and hereby is established in each of said counties. The county court of the county of Dubuque shall be held on the first Monday in April and September, annually ; and the county court of the county of Demoine, on the second Monday in April and September, annually.
Sec. 4. All laws now in force in the county of lowa, not locally inapplicable, shall be and hereby are extended to the counties of Dubuque and Demoine, and shall be in force therein.
Sec. 5. The inhabitants of the said township may hold an election for their township officers on the first Monday in November, next; all elections in the county of Dubuque shall be held at the following places, to-wit: at Sorimier's store in the village of Dubuque and at Gichon's store in the village of Peru, at the dwelling house now occupied by Hosea T. Camp, near the head of Catfish
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creek, and at Lore's dwelling house on the Mukkoketta. The elections in the county of Demoine shall be held at the seat of justice of said county. The said elections shall be held by three persons, at each place above mentioned, who shall be elected to perform such service by a majority of the inhabitants then present between the hours of ten and twelve of the said day, and who shall pro- ceed to hold said elections according to the mode prescribed by law for holding township elections, and make return thereof to the justices of the county court of each county respectively, who shall canvass the votes given at the several polls within their counties and declare the names of the persons who shall have been duly elected at such election. The oath of office of the chief justices of the county courts of the said counties may be administered by the person appointed clerk of the respective counties, and the said chief justices shall then proceed to administer the oath of office to the said clerk and associate justices of the county courts according to law.
Sec. 6. Process, civil and criminal, issued from the circuit court of the United States for the county of Iowa, shall run into all parts of said counties of Dubuque and Demoine, and shall be served by the sheriff, or other proper officer, within either of said counties; writs of error shall lie from the circuit court for the county of Iowa, to the county courts established by this act, in the same manner as they now issue from the supreme court to the several county and circuit courts of the territory.
Sec. 7. This act shall take effect and be in force on and after the first day of October next, and the township officers elected under this act shall hold their offices 'until the first Monday of April next, and until others are elected and qualified.
Approved September 6, 1834.
The first and second sections of the act were probably intended to divide the territory to which the Indian title had been extinguished between the coun- ties of Dubuque and Demoine ; and the first section limits the county of Dubuque to the line of the Indian purchase. The letter of section two does not. however. it will be observed, so limit the county of Demoine, whatever might have been the intention. In the following statement, accordingly, it is assumed that the original county of Demoine comprised all of the present state south of the line now separating Madison and Dallas counties, extended to both rivers. The actual line -- one drawn due west from the lower end of Rock Island to the Mis- souri river-was rather more than half a mile to the northward; but the assumed line is believed to be sufficiently accurate for the purpose of this statement.
CHAPTER IV
APPANOOSE COUNTY ORGANIZED-BOUNDARIES OUTLINED-COMMISSIONERS AP- POINTED TO SELECT COUNTY SEAT-NAME OF COUNTY SEAT CHANGED FROM CHIALDEA TO CENTERVILLE-CHIEF APPANOOSE.
Section 2 of Chapter 34. Laws of 1843. approved February 17, reads as follows :
"Sec. 2. That the following boundaries shall constitute a new county, to be called Appanoose, to-wit: Beginning at the northwest corner of Davis, and running west to the township line dividing townships 70 and 71 to range 20 west ; thence south on said range line to the Missouri state line: thence on said line to the southwest corner of Davis county; thence north to the place of beginning. which county, with that of Davis, and all the territory lying west, shall be attached to Van Buren county for judicial, revenue and election purposes."
Section 12 of the same act required the commissioners of each organized county to have the boundaries of attached counties surveyed, which survey was to remain good until surveyed by government authority.
Section 13 authorized the governor to appoint as many justices of the peace in the newly created counties as he might deem necessary, and each justice so appointed had the power to designate two constables.
Section 15 required the new counties to refund the expenses incurred in the preliminary survey of their boundaries.
Section 13 of Chapter 122, Laws of 1844, approved February 15. attached Appanoose to Davis county for election, revenue and judicial purposes.
By virtue of the above act the commissioners of Davis county erected AAppa- noose into a voting precinct, and the first election was held at the house of J. F. Stratton, April 1, 1844, at which only nine votes were polled. The judges were J. F. Stratton, Williant Money, and Joseph Crow ; and the clerks, William Crow and John Stratton. The electors were William Crow, Joseph Stratton, John Crow, Stephen Trimble, William Money. John W. Clancy, J. F. Stratton, Sam- uel Trimble and Jehiel Troxell.
Jonathan F. Stratton was elected justice of the peace for the county, which was precinct No. 5 of Davis county, and Joseph Stratton and William Money were chosen constables. The duplicate poll list of this election was carefully preserved by Mr. Stratton, who stated that there were at the time not more than two or three other voters in the precinct, exclusive of those who lived south of the line claimed by Missouri. It is probable that the Mansons and some others had not yet returned to their claims.
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THE COUNTY ORGANIZED
Chapter 6o of the acts passed by the territorial legislature of 1846, approved January 13, reads as follows :
"An Act for the organization of the County of Appanoose.
"Section 1. Be it enacted by the council and house of representatives of the territory of lowa. That the county of Appanoose be and the same is hereby organized from and after the first Monday in August next, and the inhabitants thereof shall be entitled to all the privileges and rights to which, by law, the inhabitants of other counties in this territory are entitled; and the said county of Appanoose shall constitute a part of the First Judicial District of the territory.
"Sec. 2. That the first general election in and for said county shall be held on the first Monday in August next, at which time the county officers for said county shall be elected : also such number of justices of the peace and constables as may be ordered by the clerk of the district court of said county; said clerk to have due regard to the convenience of the people.
"Sec. 3. That it shall be the duty of the clerk of the district court, in and for said county, to give notice of the first general election in and for said county, grant certificates of election, and in all respects discharge the duties required by law to be performed by clerks of the board of county commissioners in rela- tion to general elections, until a clerk of the board of county commissioners for said county may be elected and qualified.
"Sec. 4. That it shall be the duty of the clerk of the district court in said county to perform and discharge all the duties required by law to be performed by sheriffs in relation to general elections until a sheriff for said county shall be elected and qualified.
"Sec. 5. That the term of office of the county officers elected at the first general election, under the provisions of this act shall expire on the day of the general election for the year 1847. and the term of office of the justices of the peace and constables elected, as aforesaid, shall expire on the first Monday in the month of April, 1847.
"Sec. 6. The clerk of the district court for said county may be appointed at any time after the passage of this act.
"Sec. 7. In case of a vacancy in the office of clerk of the district court for said county, it is hereby made the duty of the sheriff of Davis county to per- form the duties required by this act to be performed by said clerk.
"Sec. 8. That there shall be no assessment or tax levied by the authorities of Davis county within the limits of said county of Appanoose, for the year 1846, but such assessment may be made by the county assessor elected at the first gen- eral election in said county of Appanoose, which assessment may be made at any time prior to the first Monday in the month of October. 1846.
"Sec. 9. That it shall be the duty of the board of county commissioners of said county to hold a meeting on the first Monday of October, 1846. at which time they shall examine the assessment roll returned to them, and levy such a tax for county and territorial purposes, upon such assessment for the year 1846, as may be required by law.
"Sec. 10. That the time for the treasurer of said county to attend to cach
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of the township precincts, for the purpose of collecting revenue, according to the provisions of the thirty-fourth section of an act entitled "An act to provide for assessing and collecting public revenues,' approved 15th of February, 1844, shall be during the month of November, and he shall attend at his office, at the county seat of said county during the month of December, to receive taxes from per- sons wishing to pay the same, for the year 1846.
"Sec. 11. That all actions at law or equity in the district court, for the county of Davis, commenced prior to the organization of the said county of Appanoose, where the parties, or either of them, reside in the county of Appa- noose, shall be prosecuted to final judgment, order or decree, as fully and effec- tually as if this act had not been passed.
"Sec. 12. That it shall be the duty of all justices of the peace residing within the county aforesaid to return all books and papers in their hands pertaining to the said office, to the next nearest justice of the peace which may be elected and qualified for said county, under the provisions of this act; and all suits at law, or other official business, which may be in their hands and unfinished shall be prosecuted or completed by the justice of the peace to whom such business or papers may have been returned. as aforesaid.
"Sec. 13. That the judicial authorities of Davis county shall have cognizance of all crimes or violations of the criminal laws of this territory committed within the limits of said county prior to the first day of August next ; provided prosecu- tion be commenced under the judicial authorities of Davis county prior to said first day of August next.
"Sec. 14. That said county of Appanoose shall have cognizance of all crimes or violations of the criminal laws of this territory prior to the first day of August next, in cases where prosecution shall not have been commenced under the judicial authorities of Davis county.
"Sec. 15. That the territory or country west of Appanoose be and the same is hereby attached to said county of Appanoose, for election, revenue and judicial purposes.
"Sec. 16. That the clerk of the district court in and for the said county of Appanoose, may keep his office at any place in said county until the county scat thereof be located.
"Sec. 17. That William Whitacre, of Van Buren county, B. P. Baldwin, of Washington county, and Andrew Leach, of Davis county, be and the same are hereby appointed commissioners to locate and establish the seat of justice of said county of Appanoose. Said commissioners, or a majority of them, shall meet at the office of the clerk of the district court in and for said county on the first Monday in the month of September next, or within thirty days thereafter, as they may agree.
"Sec. 18. Said commissioners shall first take and subscribe the following oath, to-wit: 'We do hereby solemnly swear (or affirm ) that we have no per- sonal interest, directly or indirectly, in the location of the seat of justice of Appa- noose county, and that we will faithfully and impartially locate the county seat of said county, taking into consideration the future as well as the present popula- tion of said county ;' which oath shall be administered by the clerk of the district court, or any other person authorized to administer oaths within said county, and the officer administering said oath shall certify and file the same in the office of
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the clerk of the district court of said county, whose duty it shall be to record the same.
"Sec. 19. Said commissioners, when met and qualified under the provisions of this act, shall proceed to locate the seat of justice of said county, and as soon as they have come to a determination they shall commit the same to writing, signed by said commissioners, and filed with the clerk of the district court of said county, whose duty it shall be to record the same and forever keep it on file in his office; and the place thus designated shall be the seat of justice of said county.
"Sec. 20. Said commissioners shall each receive the sum of $2 per day for each day they may be necessarily employed in the discharge of the duties enjoined upon them by this act, and $2 per day for each traveling to and from said county of Appanoose, which shall be paid out of the first proceeds arising from the sale of town lots in said seat of justice.
"Sec. 21. This act to take effect and be in force from and after its passage."
The name which had been bestowed in 1843, and retained in 1846 was that of a minor Sac chief, who was well known to the settlers in the counties cast. He removed to the reservation at Agency, in Wapello county, where Keokuk, Wapello and himself were each given a farm. Here he lived till his death, in 1845, and was buried near his cabin ; he was well liked by the whites.
Joint resolution No. 15, passed by the legislature and approved June 11, 1845, provided that the county of Appanoose should receive fifty copies of the laws of the session in that year.
Chapter 37 of the Laws of 1846 provided that Appanoose and Kiskkekosh (now Monroe) counties shall be entitled to one delegate in the forthcoming convention to frame a state constitution.
Joint resolution No. 13. approved January 17, 1846, authorized William G. Coop to procure a full set of seals for Appanoose county.
NAME OF COUNTY SEAT CHANGED
Chapter 5 of the first Iowa legislature, approved January 18. 1847, reads :
"Section 1. Be it enacted by the general assembly of the state of Iowa, That the name of the town of Chaldea, in Appanoose county, be and the same is hereby changed to that of Centerville."
The name of Chaldea had been bestowed at the suggestion of Mr. Stratton; but a month or two after, at a house-raising in the town or vicinity, Rev. Mr. Manson proposed that the name should be changed to "Senterville." Mr. Man- son was a Tennesseean, an ardent whig, and a loyal admirer of Governor Senter. long distinguished in the annals of Tennessee. Mr. Manson pressed his argu- ment with so much eloquence that the assemblage, who composed at least one- third of the county's voters, concurred in his suggestion, and Mr. Manson at once drew up a petition to the legislature asking that the name be changed to suit his idea, which was signed by the voters present, and in due course for- warded to Iowa City. The solons on the appropriate committee had no objec- tion to recommending a little bill like that, but, concluding that Mr. Manson was not quite up to the mark in the matter of spelling, they sagely changed the initial letter of the name, and the town became Centerville. The name of Chaldea, it
OLD APPANOOSE COUNTY COURTHOUSE
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IHISTORY OF APPANOOSE COUNTY
Is said, was not on the postal directory, and on this account had at first been con- sidered quite appropriate. Mr. Stratton was a democrat, and, while sorry that his name had been discarded, he had yet a feeling of lively satisfaction that his whig neighbor had also failed to name the town.
CHIEF APPANOOSE
Chief Appanoose, who presided over a band of Sac Indians has his name preserved in the name of this county. The name signifies "\ chief when a child." Little is known of his early life, but during the Black Hawk war he belonged to the peace party. He was tall, straight as an arrow, finely formed and intelligent. After the removal of the tribes from the eastern part of the state to the Des Moines valley the village over which he presided stood near where Ottumwa has been built. Appanoose was one of the chiefs who accompanied Keokuk to Washington in 1837. At Boston he made a speech which made him famous. Ile had four wives and lived a very quiet life, seldom going far from his village. The exact date of his death is not known. These facts about Appanoose are from the history of Iowa, written by the late Lieutenant B. F. Gue. Quot- ing from the same history some interesting information is given relating to the opening of this county to white settlers by treaty with the Indians, it says :
BLACK HAWK PURCHASE
On September 21, 1832, General Winfield Scott and Governor Reynolds, of Illinois, negotiated a treaty with the Sacs, Foxes and Winnebagoes, by which there was acquired from these tribes six million acres of land on the west side of the Mississippi, known as the Black Hawk Purchase. The treaty was made on the west bank of the river in the present limits of the city of Davenport. The tract thus ceded extended from the northern boundary of Missouri to the mouth of the Upper lowa river, and had an average width of fifty miles westward of the Mississippi (being somewhat to the east of Appanoose county ).
The consideration to be paid for this grant was an annual sum of $20,000 for a period of thirty years ; and a further sum of $50,000 to be applied to the payment of debts due from the Indians to traders Davenport and Farnam, at Rock Island. Six thousand barrels of pork, twenty-five beef cattle and twelve bushels of salt were also appropriated for the support of women and children whose husbands and fathers had been killed in the war just closed. It was esti- mated that the United States paid in money and provisions about nine cents an acre for this munificent grant of lands.
Black Hawk being a prisoner, the treaty was agreed to on the part of the Indians by Keokuk, Pashepaho and about thirty other chiefs and warriors (including Appanoose ) of the Sac and Fox nation. There was reserved for the Sacs and Foxes within the limit of this grant, four hundred square miles of land on the lowa river, including Keokuk's village. This was called Keokuk's reserve. and was occupied by the Indians till 1836, when by treaty it was ceded to the United States. The Sacs and Foxes then moved to a reservation on the Des Moines river, where Agency City has been built. Here Keokuk, Appanoose and Wapello, chiefs of the united tribes, had each a large farm under cultivation.
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The farms belonging to Wapello and Keokuk were on what is known as Keo- kuk prairie, lying back from the right bank of the Des Moines river. Appanoose's farm included a part of the present site of the city of Ottumwa. The memory of these chiefs has been perpetuated by three counties and two cities, which bear their names, while a county in northern lowa bears the name of the famous old war chief, Black Hawk.
APPANOOSE OPEN FOR SETTLERS
On October 11, 1842, another treaty was made with the Sac and Fox Indians, in which they conveyed all their remaining lands in lowa to the United States. They were to vacate the eastern portion of the lands ceded to a line running west of the present counties of Appanoose and Lucas and north through Marion, Jasper, Marshall and Hardin counties, to the north limit of the grant, on May 1, 1843, and the remainder on October 11, 1845.
When the time came for the departure of the Indians they were sad and sorrowful. They lingered around their old homes reluctant to leave them for- ever. The women were weeping as they gathered their children and household goods together for the long journey to a strange and distant country. The war- riors could hardly suppress their emotion as they looked for the last time upon the beautiful rivers, groves and prairies that they had owned so long and were so reluctant to surrender. As the long line of the retreating red men silently and sorrowfully took its way westward, the booming of guns and the light of a hun- dred bonfires gave evidence of the advancing hosts of white settlers who hastened in to occupy a vacant place. In the progress of years these once powerful and warlike tribes became listless and enervated, losing the energetic characteristics which distinguished them in former times. The excitement of war and the chase having long ago died out in their changed environment, they became degen- erate, intemperate and lazy.
CHAPTER V
FIRST GOVERNMENT OF APPANOOSE COUNTY-CHANGES MADE IN TITLES OF OFFICES -BOARD OF COMMISSIONERS-COUNTY JUDGE-BOARD OF SUPERVISORS-PRO- CEEDINGS OF THE FIRST BOARD
BOARD OF COMMISSIONERS
When the county was created the act of the legislature established a govern- ing body for the new entity, designated the same as a board of commissioners and prescribed in general terms its duties. Therefore, the business affairs of the county were placed in the hands of three men, who, agreeable to instructions under the creating act, held its first term of court at the time provided for so doing.
COUNTY JUDGE
In 1851 the office of county commissioners was abolished and to take its place that of county judge was created. The last meeting of the board of county commissioners was held July 28, 1851, and as its successor in the business affairs of the county. Reuben Riggs was elected county judge in August, 1851. His duties were numerous and jurisdiction almost without limit. The county judge not only became heir to the powers of the board of commissioners, but was also clothed with the authority of a court of probate and was empowered to sit as a committing magistrate. He was his own clerk. If of an arbitrary disposition, the county judge could make himself very obnoxious to his enemies and vice versa to his friends. Among his duties were the issuance of marriage licenses and solemnizing the rite of matrimony. He was his own clerk and in case of absence or death the duties of the office devolved upon the prosecuting attorney. and in case that officer was not available, the clerk of the district court. There is no adverse criticism to be offered anent those gentlemen who served as county judge in Appanoose, hence the allusion to temperament does not apply to Judge Riggs or his successors.
In 1860 the office of county judge was abolished. In some respects it was found faulty, but on the whole the system worked well. In this county the gov- ernment by the judges was economical, but in other sections of the state com- plaints were frequent of extravagance, autocracy in office and favoritism. On the first Monday in January, 1861, the township system of government was adopted, by which each township was represented on
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THE BOARD OF SUPERVISORS
Elections for members of the board of supervisors were held annually and each township had a candidate. This system prevailed for ten years, when the plan of electing the supervisors at large was created in 1870 and went into operation in this county in 1871. That year three candidates for the office were elected by the county at large. From that time to the present ( 1912) the mem- bers of the board have been three in number, which seems to be a reversion to first principles in the make-up of the governing body of the county.
The acts of the board of commissioners appear in the following paragraphs and are given verbatim as they were recorded by the clerk of the board.
PROCEEDINGS OF THE BOARD OF COMMISSIONERS
Be it known on the first Monday, fifth day of October, A. D., 1846, Reuben Riggs, George W. Perkins and J. B. Packard County Commissioners elected of the general election held on the first Monday of August, A. D., 1846, in and for the County of Appanoose and Territory of lowa
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