USA > Iowa > Fayette County > Past and present of Fayette County, Iowa, Volume I > Part 8
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building a dam, digging a mill-race, getting out and hauling mill timbers to the spot chosen, and otherwise making the best possible use of a "squatter's right." It was claimed by the parties that they were unaware of their tres- pass, and when they discovered their error they promptly left the territory. Another version is that the Indians entered complaint to Mr. Lowry, at the mission, and that he compelled their removal. The Indians burnt their shanty, set fire to the timber and destroyed the dam.
Samuel Conner, who came to the vicinity of Elgin in 1848, verifies this statement as to the presence of mill timbers there at that time, the first settlers having used the charred remains as fuel for their lime kilns. This was un- questionably the first attempt of white men to permanently occupy any part of Fayette county ; but as the effort was unauthorized, and, in fact, positive violation of existing laws, the recital possesses but little historical significance.
Of seventy pioneers who spent the winter of 1849-50 in West Union and immediate vicinity, only three are now living, namely: Mrs. J. W. Rogers, John Cook and De Witt Stafford. All of these have had a home in West Union since their first locating here.
At the beginning of 1850 there were but little more than five thousand acres of land entered in Fayette county, and much of that was controlled by speculators. The distribution of early settlers on the date above written was about as follows: Auburn township, as then sought to be organized, J. B. Earll and others at the embryo village of Auburn; Old Mission, in north- west corner of the township; Benjamin Iliff, at the present village of Eldo- rado, now in Dover township; Carlton and Sawyer, near the village of Nor- way (now Clermont) ; Diamond Conner and Forbes, at the present site of Elgin. West Union township, in 1850, extended north to the county line and included the east half of the present township of Dover. On this territory were the landholders, Lorenzo Dut- ton, Jacob W. Rogers and William Wells. As stated in a preceding para- graph, there were many other families in the town who had not taken up land, but who became permanent residents. P. F. Sturgis and Thomas Woodle had taken up land in what is now Center township, but the western tier of townships was entirely unoccupied, as were also Harlan township and the southern tier on the border of Buchanan county. In Westfield were the Light, Ludlow, Douglass and Beatty entries, while the Culver trading post was alone in Illyria. But there is good evidence that Thomas Fennell, Heinrich Hidinger and the Lockwood family located in Illyria about the time of which we are writing, and they or their descendants have remained in the county since. J. E. Robertson, Robert Alexander, the Wilcoxes and A. J. Hensley
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had all taken up land in the southern part of Westfield and the northern part of Smithfield townships. Possibly Fairfield township was at this time the most thickly populated section of the county, there being some nine entries made, and which included the Brooks settlement, the Voshels, Perkins, Moyne, Sperry, Newton and Finney families. All the persons named were residents of the county prior to 1850, and some of them were here in the early forties.
From this list of pioneers the first county officers were selected at the organization of the county in 1850, and were as follows: Organizing sheriff (temporarily appointed for this purpose), Capt. R. R. Richardson, then a resident of Corn Hill, at which place the returns were to be made to him. June 15, 1850, was the date fixed by him, returns to be made on or before July 22, 1850, and one of his precepts was dated at Jacob Lybrand's store, June 23, 1850. It does not appear from the records that there were any election pre- cincts at which votes were cast except at Auburn and West Union; but as there were numerous voters in the Brooks settlement in the southern part of the county, it is quite probable that there was an election precinct there of which we have no record. Thomas Woodle, from the vicinity of Dunham's Grove, was elected county judge; Jacob W. Rogers, county clerk; G. W. Neff, sheriff; G. A. Cook, recorder and treasurer; William Wells, Charles Sawyer and Jared Taylor, county commissioners, with C. M. Jones as clerk of the board of commissioners. These were the officers who started the wheels of progress in Fayette county more than sixty years ago, and the people of today can have but little appreciation of the onerous duties devolving upon them. Let it be remembered that there was not a public building in the county, and not a bridge nor a road worthy of being called such. The townships were not organized, except those of Auburn and West Union, and they only par- tially so. School houses and churches had not been established, and when they were, a crude log building was pressed into service to answer the purpose of each. The board of commissioners was deluged with petitions for the organ- ization of townships, the establishment of roads, and the thousand and one things which came within their jurisdiction. There was no money to pay the necessary expenses of the county, nor was there, as yet, any tangible means of providing it. Markets were far removed from the environments of Fay- ette county, and to reach them at Dubuque, the nearest point, required a week of arduous toil to make the round trip with the ox teams, which were the "motive power" of nearly every pioneer in the county. The location of the county seat had not yet been determined, hence the county business was often transacted at the home of the official sought.
The office of county commissioner was soon abolished by the Legislature.
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and the duties of that office were performed by the county judge. But one set of county commissioners was ever elected in this county, and the county judge system prevailed for about ten years. Then followed the complicated system of electing one member of the board of supervisors from each town- ship, thus constituting an unwieldy body of twenty men to perform the duties formerly entrusted to the county judge. While both systems were objection- able, it is believed that the latter was less satisfactory than the former. At all events, when it was sought to change to the present system of three members of the board of supervisors, under a law similar to that under which the county commissioners were elected in 1850, there was practically no opposition, and the present system has been in satisfactory operation for nearly forty years.
In 1850 Iowa had but two representatives in Congress, viz .: Hon. Daniel F. Millar, who represented the south half of the state, and Hon. Shep- herd F. Leffler the northern part. The two United States senators from Iowa were Gen. George W. Jones, from Dubuque, and Hon. Augustus C. Dodge, of Burlington. General Jones was one of the most active and influential men who ever represented this state in the Senate of the United States. He was a representative in Congress from Michigan territory when it included all of that state as now organized, all of Wisconsin, Iowa, Minnesota and the unorganized territory west to the Rocky mountains. He introduced the bills under the pro- visions of which both Wisconsin and Iowa territories were organized, and was a zealous and tireless worker in the organization of our own state and in the early development of her institutions. General Jones had the honor of serv- ing in Congress with Clay, Webster and Calhoun and public men of their time. He lived to a ripe old age and died in Dubuque in 1900. At the time of which we are writing Fayette, Allamakee, Winneshiek and Clayton counties constituted a representative district, with Hon. Eliphalet Price in the lower house of the Legislature. He was a typical pioneer in the territory which he represented thus early in its history. Judge Price, now of Elkader, is his son. Eliphalet Price is well remembered by all the Fayette county pioneers of his day and, like Judge Murdock, is revered as a man of sterling integrity and blameless life. He came to Iowa in 1832, and was one of the first legal white settlers at Dubuque. In 1834 he explored the Turkey valley, and being im- pressed with its beauty and fertility, decided to locate, and was a resident of Elkader for nearly forty years. He was the first clerk of the board of Clay- ton county commissioners and took the first federal census after the admission of the state, for the counties of Clayton, Fayette, Allamakee and Winneshiek, and was elected to the Legislature from these counties in 1850. The services and influence of Mr. Price were sought in the adjustment of Fayette county's
WELCOME TO OUR
OWA PICNIC REUNION
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county-seat troubles, which were precipitated about the time of his election, but he declared himself as unfavorable to the commissioner system, whereby two . or three men were empowered, according to the petitions filed with them, to locate the county seat; and instead of securing the appointment of the com- missioners, he secured the enactment of a law by the Legislature whereby the people of Fayette county were authorizd to make choice of the place for the county seat, at an election to be held on the first Monday in April, 1851. The "candidates" were also designated, as previously mentioned in this chapter, and the condition of a tie vote or no majority in favor of any place, provided for. Mr. Price was subjected to some unjust criticism by reason of his ob- vious intention of shifting responsibilities, and yet after the lapse of sixty years, no one now questions the absolute fairness of his action.
One of the first official acts of the board of county commissioners after their election in 1850 was the appointment of three road viewers to establish a road through the county from the county line east of Taylorsville, through that place, thence northwest through the Brooks settlement, from which place it took a northward course to West Union. The viewers appointed were Ste- phen Ludlow, who lived one mile west of Lightville; Chauncey Brooks, who lived on the farm where he died half a century later, and Zopher Perkins, of the well known Perkins family in the Brooks settlement. These viewers were to meet and report at the house of Jared Taylor, in Taylorsville, on the 19th of November, 1850. The fact that this was the first road officially estab- lished in the county is evidence that the village of Taylorsville was even then considered a place of some importance. In later years it became one of the principal towns in the southern half of the county, and was, until after the close of the Civil war, one of the stations on the stage line between Manchester and northeastern Iowa. It contained a hotel, numerous stores and mechanical shops, two or three church organizations, and a progressive citizenship. It was named in honor of Jared Taylor, who figured conspicuously in the early history of the county. But the advent of the Davenport & St. Paul branch of the Chicago, Milwaukee & St. Paul railroad through Brush Creek (now Arlington), only three miles distant, sounded the death knell of Taylorsville. Most of the buildings worth moving were hauled over to Bruslı Creek, and with them most of the business people of the town. But little remains of old Taylorsville except the beautiful site, a handsome, well-kept cemetery and one or two houses on the original town plat.
On the 8th of October, 1850, provisions were made by the county com- missioners for the holding of elections in several of the townships not pre- viously organized into election precincts. For this purpose the board desig-
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nated congressional townships 92, range 8 (now Smithfield), and 93, range 8 (now Westfield), and 93, range 9 (now Center), as one election precinct, to be known as Westfield. The judges of election in this territory were Stephen Ludlow, Michael Hinman and Andrew J. Hensley, and the house of Stephen Ludlow was designated as the place to hold the first election. Fairfield town- ship was to include its present territory, and, in addition, the south half of Illyria township, with Jared Taylor's as the voting place, and Daniel Finney, Henry Baker and David King as judges of the election. West Union town- ship was reorganized at this time, the east half of Dover being set off to that township, and the northwest one-fourth of what is now Illyria attached to West Union for election purposes, the judges being W. P. Cavenaugh, Henry F. Smith and Lorenzo Dutton. The election was ordered held at the house of William Wells. Pleasant Valley township, with its present boundaries and the addition of the northeast one-fourth of Illyria, was constituted an election precinct, with the election held at the house of Joseph Forbes, and he and John Conner and Simeon B. Forbes were the judges. Clermont retained its boun- daries as at present, but no election was called. Dover township remained without change, and as at present organized, and the election was held at the house of Eli Elrod, who, with Benjamin Iliff and Jacob Hoover were consti- tuted judges of the election.
Auburn township was also reorganized at this time, and when so reorgan- ized included all of the present townships of Auburn and Windsor. It is not known that when attached to Hewitt township, Clayton county, Auburn ever held an election, though it is presumed that it did so at the time of the vote on county organization. An election was ordered, and the polling place desig- nated at M. B. Earll's, "at a newly commenced village known by the name of Auburn," but no judges of election were appointed for Auburn township at that time. But at the time of reorganization an election was again ordered at the house of M. B. Earll, who, with Oliver Brown and James Austin, were appointed judges of the election.
On the 2d of November, 1850, the commissioners ordered elections held in all of these precincts on the third Monday in that month for the purpose of organizing into townships, as set off at the October session.
The first recorded meeting of the board of county commissioners of Fay- ette county was held August 26, 1850, probably at the house of William Wells, and one of their first official acts was the establishment of four road districts, viz : No. I, West Union township, Henry F. Smith, supervisor; No. 2, Clermont township, Chauncey Leverich, supervisor; No. 3, Illyria town- ship, Oliver P. Gallagher, supervisor, and No. 4, Auburn township, with
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Morris B. Earll as supervisor. In addition to this, numerous other road mat- ters were passed upon at this and succeeding meetings during the existence of the county commissioner system.
It would seem that there was no provision for the election of a school fund commissioner when other county officers were elected, and Joseph W. Foster was appointed to that office by the clerk of courts, prosecuting attorney and sheriff, who assumed that as there had been no election to that office they had authority to fill the vacancy. Then the legal question arose as to the exist- ence of a vacancy, since no one had ever served in the office. To provide against all contingencies the third General Assembly of the state was asked to legalize the official acts of Mr. Foster, and his appointment was approved by that body on the 5th of February, 1851, and his official acts made valid and binding in law.
According to the census of 1850 there was a population of eight hundred and thirty-five souls in Fayette county when the organization was effected, and of these one hundred and two votes were cast at the first general election, held in August, 1850. It is a reasonable presumption that a full corps of county officers were again elected at this general election, since the law of 1847, under the provisions of which the county was organized, so provided. In other words, those officials elected at the organization of the counties were to serve only until the succeeding general election. But the records of this important transaction, if ever made, have been lost or destroyed.
In April, 1851, the county commissioners voted to allow Capt. R. R. Richardson the princely sum of twenty dollars for his services as organizing sheriff of Fayette county. But previous to this they had decreed that orders should be issued to pay the judges and clerks of the elections held in July and August, 1850, and yet the county treasury had no abiding place and no money. The first tax levy was made in July, 1851, at which time six mills were levied for county purposes, three mills for state revenue, two mills for roads and one mill for school purposes. This was the last official act of the county commissioners, the county judge system coming into operation the next month.
But previous to the final adjournment of the board of county commis- sioners much important business was transacted, mostly in establishing roads and in ordering elections to select township officers and complete township organizations. Few of the roads established at that period were laid out to correspond with congressional surveys, but meandered along streams or on the high ground of the prairies, regardless of "right angles," and were, for
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the most part, established only with a view to present needs. As the years have passed, these were changed, where possible, to conform to section lines, and in the prairie townships especially a road is now found on nearly every section line. At the meeting of the board of commissioners on January 6, 1851, six road petitions were favorably acted upon, and "viewers" were ap- pointed in accordance with the request of the petitioners. Francis S. Palmer, George Smith and Samuel Holton were appointed viewers for two of these roads, which ran eastward from West Union, via George Smith's; thence by the nearest practicable route to Simeon B. Forbes'; thence along the line between sections 22 and 15, township 94, range 7 west; thence due east to the county line. The other road over which these viewers had jurisdiction was to commence at the east line of the county at or near the northeast corner of section 13, township 94, range 7 west; thence to cross the Turkey river at the mouth of Otter creek; thence southwest by the nearest practicable route, until it shall intersect the road leading from West Union to the county line, this being the road described in the preceding description, and the one which established communication between West Union and Elgin.
Another road petitioned for at this session of the board was to extend southeasterly from West Union, crossing at the "upper ford" of the Volga and thence "by the best route to the county line toward Fort Clark." The viewers on this route were William P. Cavanaugh, William Root and Thomas Woodle.
Petitioners asked that a road be established from Elrod's mill, running in a southeast direction "upon the most direct route practicable, by way of Turner's, Hoover's, Hartsough's and Brunson's; thence to intersect the road leading from West Union to McGregor's Landing, on the Mississippi river." Eli Elrod, Hiram Jackson and H. S. Brunson were appointed viewers on this route.
Two other roads provided for at this session extended from Clermont, one by way of Elgin to the county line at or near the northeast corner of section 24, township 94, range 7 west. The other took a southern direction from Clermont until it reached the Turkey river, thence down the river to the section line between sections 10 and II, thence due south to the quarter post between sections 22 and 23, in township 94, range 7 west, thence on the best route to J. B. Stephenson's, thence to the twelve-mile post, on the road leading from Elkader to West Union. Chauncey Leverich, John Conner and James B. Stephenson were appointed viewers on both of these roads, with instructions to meet and report at Clermont on the 24th day of February, 1851.
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It will be noticed that the principal thoroughfares of the county were established through the rougher timbered sections, the prairie roads being established at a much later date. The topography of the county was such that a team could be driven over the prairie districts without serious trouble, and trails were soon established between the principal points, and so continued until the fencing of farms forced the establishment of public roads.
In later years some attention has been given to the matter of "good roads," and considerable agitation of the question has been brought out in farmers' conventions, public speeches and in the newspapers. But, unfortu- nately, the results are not yet apparent to any considerable extent, though the use of improved roads machinery has enabled the people to accomplish much more work with the means at hand than in earlier years, while a sentiment favorable to better roads has stimulated the workers to greater and more in- telligent effort. But, except in the towns and villages, the use of crushed rock or gravel has not been introduced as a road-builder. Turnpiking is about the only improvement over the earth roads of earlier years, though the hollow log and "corduroy" culvert have given place to the modern system of metallic or earthenware culverts. But the highways of Fayette county compare favor- ably with those of any other agricultural county in the state, while the bridges excel most of such structures in northeastern Iowa. The people have always been liberal in authorizing the expenditure of public money for the common good, and there is scarcely a stream in Fayette county that is not properly bridged, many of such structures being built according to the latest and most scientific knowledge in bridge-building. The expenditure for bridges in the county during the ten years ending with December 31, 1908, was two hundred and seventy-one thousand, two hundred and ninety-two dollars and forty-nine cents, or a yearly average of over twenty-seven thousand dollars. The road fund provided by taxation for the year 1908 was twenty-six thousand, six hun- dred and eighty dollars, about equally distributed among the twenty town- ships, and mostly expended for labor, tools and culvert material. In addi- tion to this, each of the thirteen incorporated towns and cities provide the means of working their own streets and therein thousands of dollars are an- nually spent. The cement walk fad has also struck the county, and the smallest of our incorporated towns, as well as the larger ones, are instituting a com- mendable rivalry in the matter of excelling their competitors in building walks. It is to be hoped that the experimental stage will soon be passed, and that this industry will take its place along with others of permanence and durability.
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MORE EARLY SETTLERS.
Mention has been made of the earliest settlers, or those who located in the county prior to 1850. But in the year last written the population of the county increased rapidly. In 1850 there were eight hundred and twenty-five inhabitants, and by 1851 this number had increased to one thousand, two hun- dred; in 1852 the population was two thousand and sixty-five; in 1854 it was five thousand and forty-two; in 1855 it had grown to eight thousand, two hundred and seventy-five, while in 1859 there were eleven thousand, three hundred and one. It is evident that this rapid increase in population stimu- lated industrial progress and added a new impetus to general progression. Land entries increased with the increase in population, churches and schools were organized, mills were built and roads established to accommodate the people. By the year 1859 the first comers were considered "old settlers," and it is true that none of their later followers endured the hardships and privations of the earliest pioneers.
It would be impossible at this late date to record the names of all who became residents of Fayette county during the early years of settlement ; and if, in an effort to do so, any are omitted, the reader will kindly consider the magnitude of the task, and not attribute the omission to any desire to be unfair or discriminating in the selection of names. From 1850 until 1860, nine-tenths of the land in Fayette county open to settlement was entered at the government price of one dollar and twenty-five cents an acre. But much of it was entered by speculators and considerable on land warrants issued to soldiers of the Mexican war. The latter usually was occupied by actual set- tlers, but the speculators-then, as now-held the land for the rise in value. and for a long period of years controlled some of the most valuable timber lands in the county. The only recourse which the actual settlers had upon them was in levying high road taxes against such property, the settlers in almost all cases paying their own road taxes in labor, the prices for which were fixed in accord with the five-mill levy (that being the highest limit). while the non-resident speculator paid in cash. Undoubtedly this system of levying road taxes brought some hardships to the settlers who sought, in later years, to buy this "speculator land," since through their own manipulations a fictitious value had been established.
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