USA > Iowa > Jasper County > Past and present of Jasper County, Iowa, Vol. I > Part 4
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Pasishamone and his band also frequented the Skunk in this county, and at the time of the removal of the band of twenty, just spoken of, the former, with about all his braves, was at Agency City on a visit. The women, chil- dren and old men went into camp four miles from Fort Des Moines to await their return, which was at the beginning of winter. Then the band packed up and followed Kishkekosh and his followers.
Another band. under the control of the famous Poweshiek, had a village at the forks of Indian creek, in what is now Poweshiek township. Their aban- doned wikeups remained standing two or three years after the tribe had re- moved. These wikeups were built by setting corner stakes into the ground at suitable distances for the intended building. To these were fastened poles at top and bottom, which served as fastenings for the covering of elm bark. This was procured by girdling the trees at the bottom and then as high as the arm could reach, when it was slit and peeled off in one sheet. When a sufficient
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number had been procured, they were punched at the ends and bound with bark or thongs to the poles, care being taken to lap them sufficiently to make a good joint. The rafters were notched and fastened to the top poles with bark or leather and covered in much the same fashion as the sides.
It is related of this band that on one occasion, in 1846. they visited the trading house kept by Evans, about a mile west of where Newton now stands, with whom they succeeded in exchanging a pony for a keg of whisky. \ydel- lotte, who saw them, says they were already well saturated with fire water, and that as soon as the transfer was effected one of them lashed the keg to his saddle, when they all jumped on their ponies and made off on a gallop. whoop- ing loud enough to be heard two miles!
John Green was another well known chief. He was at the head of a small band of Pottawatomies. On one occasion he found a large lump of iron pyrites and meeting Mr. Sparks, soon after, informed that gentleman that he had found a gold mine. Mr. Sparks, when he saw the specimen, unde- ceived the poor fellow, who had doubtless looked ahead to a future when he could have whisky three times a day, bought with the avails of his gold mine.
The horse stealing of that day was not all carried on by the renegade Indians, as was sometimes thought by the pioneers, according to pioneer and first settler William Highland, who declared that a party of bee-hunters visited the county in the summer of 1844 ( the wet year) and were so unfor- tunate as to have some horses stolen, which they laid to the Indians. He says many cases of horse theft were charged up to Lo, the poor Indian, of which they were guiltless. From time to time there were white men passing through the county, in whom no more dependence could be placed than in the average Indian. After several years' intercourse with the latter, he said he had never had any trouble with them, drunk or sober. but that they seemed very friendly and honorable to him.
INDIAN TRADERS.
Two young men, whose names have gone from the memory of the early settlers, had been traders with the Indian tribes in some one or more of lowa's lower counties, and in the spring of 1844 erected a little shanty in a small grove a mile north of the old "Long farm." Their stock of goods consisted chiefly of a barrel of whisky, diluted one-third with water for profit's sake and not for the cause of temperance. As soon as the "store" was open for business a lively trade was carried on with the little band of Kishkekosh. On a certain day a dozen or more of the braves visited his place and managed to get
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drunk. They then demanded more whisky, which the dealer refused for fear of serious trouble. The Indians became quarrelsome, but after persisting some time without success they went back to their camp grumbling. Soon thereafter they returned with a lot of raw recruits, the total number being three times as many as at first. The traders became alarmed and endeavored to prevent the Indians from entering the store, but the door was easily pushed in. One of the white men knocked down three of the ugly Musquakas, but they were overpowered by the shere force of superior numbers and borne to the floor of the shanty, where they were badly maltreated. One was badly injured by a blow from an Indian holding in his hand a saw he chanced to get hold of. They finally made good their escape, leaving the store and its "wet" contents plunder for the red men of the forest. The white men found their way to Adam Tool's place. where they found the men all away from home. and they were not pitied much by the good housewife, who had no love in her heart for wreckless liquor dealers. They never engaged in business again in Jasper county.
The same spring ( 1844) came Matthew Fish, who also began to trade with the Indians. His place was two miles northwest of Tool's Point. He ran a respectable place and sold no whisky to anyone. He traded three years and then sold his claim to a man named Tucker.
Later in the season of 1844 came in one Redick, and he stayed with one of the first four settlers, Vance. and there he handled whatever the Indians most wanted, but only remained a few months.
Scott & Nichols visited Jasper county the same year and traded with the Indians, doing a large whisky business. They had located the year before at Red Rock and in the summer of that year Scott, while hunting, had trouble with some Indians, who stole several articles from his camp south of Lynn- ville. This maddened the Indians, who said, "Scott. he have too much white in his eyes." Scott left. but Nichols remained three years. His principal purchases were ponies, the usual price being sixteen quarts of whisky for a first-class pony.
THE TRAIL MAADE RY THE DRAGOONS.
Concerning the trail left in the march of the United States dragoons through Jasper county, in the forties, an able writer for the Western His- torical Company in the seventies says :
"Soon after the treaty of 1842 had been completed, by the terms of which the Sacs and Foxes were to be protected from expeditions from the
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war-like Sioux. the government made preparations to send troops into the new purchase for that purpose. The infantry was sent up the Des Moines river, arriving at the Raccoon forks May 9, 1843. As soon as the grass had started sufficiently, the dragoons detailed to go as scouts were sent forward to the same point, by way of Iowa City. Their course was really due west, as nearly as the upland of the country would admit of, and it crossed very nearly where now stands the city of Newton. This is the first passage, so far as can be ascertained, by white men through the central part of what became Jasper county four years later. It would be a pleasure to record the halting places of the little journey by this party, but it cannot now be done. The little band hardly dreamed that the prospector's wagon was close behind, and to them it would have been the merest imagination, and an improbable thing, had one of the party prophesied that the day's journey they were making be- tween Red Rock and South Skunk would in thirty years be marked with three prosperous, busy towns, and that on every July day over one hundred harvesters could be counted on either side of the trail they were then making through the forest and prairie grass.
"At night the camp-kettle bubbled. while the horses were picketed, the sentinels placed and the men in dusty uniforms collected to devour their rations. Pipes and cards were produced, and, indifferent to the future. the men played "old sledge" for an hour, and then, wrapping their blankets about them, bivouacked beneath the stars that winked to each other, as if they knew more about the future than the tired horsemen reposing on the prairie grass never before crushed by the boot-heel."
CHAPTER IV.
ORGANIZATION OF JASPER COUNTY.
Originally, Jasper was included in Keokuk county. It was established January 13. 1846, and organized March 1. 1846, up to which time it had been attached to Mahaska county for election and judicial purposes. It was named in honor of Sergeant William Jasper, who won fame as a Revolutionary sol- dier. The following were named as the committee to locate a county seat for the new county of Jasper: Richard Fisher. E. W. Kirkman and Thomas Anderson, respectively from Wapello. Davis and Keokuk counties. The first district court was appointed to be held at the house of Mattheir D. Springer.
The boundary lines, as first defined, were not correctly specified by the act of the Legislature, in that it caused the county being set apart to cover parts of adjoining counties, as now understood. The first act of the Legisla- ture was dated January 13. 1846, but four days later, January 17th. the Legislature saw its error and so amended the act as to read as follows :
"Beginning at the northeast corner of township No. 81 north. of range No. 17 west; thence west to the northwest corner of township No. 81 north. of range 21 west: thence south to the southeast corner of township No. 78 north, of range No. 21 west : thence east to the southeast corner of township No. 78 north, of range 17 west : thence to the place of beginning."
THE ORGANIZING ACT.
The following is substantially the wording of the record of the act or- ganizing Jasper county approved January 17. 1846:
"Section 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa: That the counties of Jasper and Polk be and they are hereby organized, from and after the date of March next, and the in- habitants of said counties shall be entitled to all the rights and privileges to which by law the inhabitants of other organized counties of the territory are entitled, and the said counties shall constitute a part of the second judicial district of the territory.
"Sec. 2. That there shall be a special election held on the first Monday of the month of April, at which time the county officers for said counties
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shall be elected ; and also such number of justices of the peace and constables, for each of said counties as may be ordered by the clerks of the court for their respective counties.
"Sec. 3. That it shall be the duties of the several clerks of the district court, in and for said counties, to give at least ten days' previous notice of the time and place of holding such special election, in each of said counties, grant certificates of election, and in all respects discharge the duties required by law to be performed by the clerks of the boards of county commissioners in relation to elections, until a clerk of the board of county commissioners for their respective counties may be elected and qualified.
"Sec. 4. That it shall be the duty of the clerk of the district court, in each of said counties, to discharge all the duties required by law to be per- formed by sheriffs, in relation to elections, until a sheriff for their respective counties may be elected and qualified.
"Sec. 5. That the county officers, justices of the peace and constables elected under the provisions of this act shall hold their offices until the first Monday in the month of August, 1846, and until their successors are elected and qualified.
"Sec. 6. That the clerks of the district court, in and for said counties of Jasper and Polk, may be appointed and qualified at any time after the pas- sage of this act.
"Sec. 7. That all actions at law and equity in the district court of the county of Mahaska commenced prior to the organization of said counties of Jasper and Polk, where the parties, or either of them reside in either of the counties aforesaid, shall be prosecuted to final judgment, order or decree as fully and effectually as if this act had not been passed.
"Sec. 8. That it shall be the duty of all justices of the peace, resident within said counties of Jasper and Polk, to return all books and papers in their hands, pertaining to said offices, to the next nearest justice of the peace. who may be elected and qualified for their respective counties under the pro- visions of this act ; and all suits at law, or other official business, which may be in the hands of such justices of the peace and unfinished, shall be prosecuted or completed by the justices of the peace to whom such business or papers may have been returned as aforesaid.
"Sec. 9. That the judicial authorities of Mahaska county shall have cognizance of all crimes or violations of the criminal laws of this territory committed within the limits of said counties of Jasper and Polk prior to the first day of March next; Provided, prosecutions be commenced under the
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judicial authorities of said Mahaska county prior to the first day of March next.
"Sec. 10. That the said counties of Jasper and Polk shall have cog- nizance and jurisdiction of all crimes or violations of the criminal laws of this territory committed prior to the first day of March next. in cases where prose- cutions shall not have been commenced under the judicial authorities of Ma- haska county.
"Sec. II. That the county of Marshall be and the same is hereby at- tached to the county of Jasper for elections, revenue and judicial purposes.
"Sec. 12. (Attached counties of Story, Boone and Dallas to Polk. )
"Sec. 13. That the several clerks of the district courts in and for the said counties of Jasper and Polk, may keep their respective offices at any place within their respective counties until the county seats thereof may be located.
"Sec. 14. That Richard Fisher, of the county of Wapello; E. M. Kirk- ham, of the county of Davis, and Thomas Henderson, of the county of Keo- kuk, be and they are hereby appointed commissioners to locate and establish the seat of justice of the county of Jasper.
"Sec. 15. (Appointed commissioners for Polk. )
"Sec. 16. That said commissioners, or a majority of them, shall meet at the office of the clerk of the district court in and for the county for which seat of justice they have been appointed to locate, on the first Monday in the month of May next, or at such other time. not exceeding thirty days there- after, as a majority of said commissioners may agree.
"Sec. 17. (Prescribed the oath to be administered to the commissioners. )
"Sec. 18. Said commissioners, when met and qualified, shall proceed to locate the seat of justice of the respective counties for which they have been appointed, and as soon as they shall have come to a determination, the same shall be committed to writing, signed by the said commissioners and filed with the clerk of the district court of the county in which such seat of justice is situated, 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. 19. (Provided that the commissioners should receive two dollars per day and two dollars for every twenty miles traveled while discharging their duties. )
"Sec. 20. That the district court for the county of Jasper shall be held at the house of Mathew D. Springer, in said county, or at such other place as may be designated by the board of county commissioners of said county, until the seat of justice may be located."
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JASPER COUNTY, IOWA.
ORGANIZING ELECTION.
The duties of setting off precincts, appointing judges, setting up notices. etc., were performed by a citizen of Iowa county.
At the election held in April. 1846, there were thirty-five votes cast for the office of sheriff, of which D. Edmundson received eighteen votes and his opponent seventeen. Moses Lacy was one of the judges at Elk Creek pre- cinct. The other polling places were at Tool's Point and Lynn Grove. A return of the vote was made at Iowa City, in order to show the territorial authorities that the county was organized to assume its rights and duties, and also to Knoxville, where the vote was canvassed and declared. John H. Franklin was the messenger sent to Iowa City and Washington Fleenor to Knoxville.
The officers chosen were: Joab Bennett, John R. Sparks and Manly Gifford, commissioners; John H. Franklin, clerk: J. W. Awann, treasurer ; Davidson Edmundson, sheriff; Seth Hemmer, recorder ; Washington Fleenor, probate judge.
It will be understood by the reader that the county was at first, and until 1851. governed solely by the officers known as the board of commissioners : then came the county judge system, that obtained until the county supervisor system went into effect, under the code of that year, when the judge's powers were limited to a sort of probate business and finally in 1868 was abolished entirely and the office of county auditor established, and he serves as ex- officio clerk of the board of supervisors.
FIRST MEETING OF . COUNTY COMMISSION ERS.
"Territory of Iowa, Jasper County :
"At a special term of the board of county commissioners, in and for the county of Jasper, in the territory of Iowa, begun and holden on the 14th day of April, A. D. 1846. present John R. Sparks, Joab Bennett and Manly Gif- ford, commissioners of said court : John H. Franklin, clerk of the board of commissioners, and David Edmundson, sheriff of said county.
"Ordered. that the eagle side of a ten-cent piece, or dime, of the coin of the United States, be and the same is hereby adopted as the temporary seal of the board of county commissioners of the county of Jasper, aforesaid, until a proper seal may be provided for the use of said board."
By a joint resolution, passed January 17. 1846, William Edmundson was authorized to contract a full set of seals for the counties of Marion, Jasper
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and Polk, and that the same be paid for out of the territorial treasury. By this it would seem that the seal of Jasper county had not yet been obtained.
The clerk was authorized to procure suitable books and stationery for the county, after which the board adjourned to the second Monday of May fol- lowing. The book provided for the clerk and commissioners' use was a thick account book, of about three hundred pages, which contains all of the proceed- ings of that pioneer body, as well as the doings of the county judge, up to January 30, 1855.
LOCATING THE COUNTY SEIT.
Before Ballinger Aydellotte, a justice of the peace, appeared Messrs. Henderson and Fisher, two of the three commissioners named as locating commissioners in the county-seat matter, on the IIth of May, 1846, and took an oath to faithfully and well perform their duties in impartially locating the seat of justice for Jasper county. They swore to take into account the "future as well as the present population of the county." Their report is carefully preserved in the archives of the county, as required by law, and as the document is somewhat of a curiosity, unique in its spelling and general make-up, it is here given in full as follows :
"Territory of Iowa, Jasper County :
"We, the undersigned Commissioners, appointed by an Act of the Legis- lature of the Territory of Iowa, passed at the session of 1845-6, providing for the organization of the Counties of Jasper and Polk Counties. after having been duly qualified agreeably to the provisions of Said Act, faithfully and Im- partially to Locate the seat of justice of said Jasper county, and having Ex- amined the Sityation of said County, have Agreed, and doe hereby Locate and Establish the County Seat of said Jasper County on the Northwest Quarter of Section (34) Thirty-four, Township Eighty (So) of Range Nineteen (19). Witness our hands this 14th day of May, A. D., 1846-and further Doe Give the Seat of Justice of said County the name of Newton City.
"THOMAS HENDERSON, "RICHARD FISHER,
"Commissioners to locate the Seate of Justice of Jasper County, Iowa Terri- tory."
The above instrument was filed as the commissioners' report, with J. N. Kinsman, clerk of the district court, May 25. 1846.
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The record of the affair shows that the commissioners examined two other sites besides the one at Newton. One was at a point two miles south of the one chosen, situated in section 3. Palo Alto township, and the other was near the residence which later belonged to William Hixon, in Kellogg town- ship, about three miles to the east of Newton. The general belief is that the site near Mr. Hixon's would have been selected as the point at which to locate Jasper's county seat, had it not been for the "log rolling" carried on by the people of "Fort Des Moines" to prevent the four western congressional townships of Jasper from being annexed to Polk county, which would have endangered the prospects of the fort itself of being made the permanent county seat of Polk county. In that event, it will readily be seen that Des Moines would have been too far west in Polk to have won the coveted prize. the county seat. While the final result gave Des Moines what it wanted, the latter-day population of Jasper county have never regretted the turn which things took through this sharp practice on the part of Des Moines' early-day political factors. It has given this county a very desirable and highly valuable strip of land six miles wide on the western border of her fertile domain, in- cluding the civil townships of Clear Creek, Poweshiek, Washington and Des Moines.
Before the commissioners had settled on Newton as the seat of justice, it is related in a former historical compilation, that B. AAydelotte and William M. Springer erected a hickory log building at Adamson's Grove, which they proposed to donate the county for office building purposes, but the offer was ignored by the locating commissioners, which greatly angered the would be donors of a primitive court house. However, they were manly enough not to rush into either injunction or mandamus proceedings, as has been the case in many another lowa county before the county seat question has finally been settled.
Thomas Adamson had a high pole erected on the site selected by the commissioners. To this pole he had attached a composition of his own mak- ing, setting forth the beautiful location, that it was central, and that here it should be located, because by so doing would be effected the greatest good to the greatest number. Mr. Adamson was a rock-rooted Democrat, and so were the locating commissioners, and some were of the belief that the stand he took had much to do with the final locating of the seat of justice at Newton. Be that as it may. "all is well that ends well," and but few have ever had reason to regret that Newton was chosen. With the crowning glory of the present new temple of justice, costing more than two hundred thousand dol- lars. it is quite certain that the time will never come in the county's history when a movement will be for once thought of for moving the county seat.
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JASPER COUNTY, IOWA.
DIVIDING THE COUNTY INTO TOWNSHIPS.
On May 14, 1846, the county commissioners proceeded to lay off civil sub-divisions, or townships, as follows :
"Ordered, that there be a precinct laid off in the southwest corner of the county, to be called Des Moines precinct. Said precinct to contain all the territory west of the Indian boundary line, and all south of the terri- torial road leading from Oskaloosa to Fort Des Moines, within said Jasper county.
"Fairview Township-Ordered that Fairview precinct be bounded on the northeast by Skunk river. on the south by the county line, and on the southwest by Des Moines precinct, and on the west by said county line to said Skunk river.
Elk Creek Township-Ordered that Elk Creek precinct be bounded as follows: Beginning at the northwest corner of said county, thence south to Skunk river, and down said Skunk river to the south line of the county, thence east to range line dividing 17 and 18, thence north to north boun- (lary of said county, thence west to place of beginning."
Lynn Grove township was created by the following order: "That Lynn Grove precinct be bounded as follows: That said precinct shall con- tain all that portion of territory in said county cast of range line between 17 and 18."
The above were Jasper county's original townships, or precincts, as sometimes still termed. but "township" is the real name of the subdivisions in the entire state of Iowa.
The judges of election in these newly created primaries were appointed by the board of commissioners as follows: In Fairview precinct, Adam Tool. Newton Wright and John Frost : in Elk Creek precinct. Moses Lacy, Thomas J. Adamson and Nathan Williams; in Lynn Grove precinct, Rufus Williams, M. L. Matthew and Blakely Shoemake: in Des Moines precinct, Moses Ray, James Guthrie and Adam Michael.
The first official act of County Judge Jesse Rickman ( who was elected in .August. 1851, and immediately took his seat ) was that of rearranging the township lines, which was accomplished as follows :
"The following are the boundaries of Lynn Grove township: Com- mencing at the northeast corner of township 81, range 17 west, and run west six miles to the southwest corner of said township and range: thence south to the southwest corner of township 78, range 17: thence east six miles to the southwest corner of said township and range: thence to the place of beginning.
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