USA > Iowa > Lucas County > Past and present of Lucas and Wayne counties, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 15
USA > Iowa > Wayne County > Past and present of Lucas and Wayne counties, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 15
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25
On or about November 8, 1850, Dr. Isaac W. W. McCarty was appointed as organizing sheriff by Judge William McKay, of the district court, and on February 13, 1851, Wayne county was duly organized as required by law.
It seems that under the law directing the manner of organ- ization of counties, an officer named as the "organizing sheriff" had the chief control in such proceedings. He fixed the times and places of holding elections, and gave notice when and where the same would be held. He was not elected by the people, but was appointed to his office by the judge of the district court. His duties were few, but they were impor- tant, as he, in connection with the commissioners appointed in the act of organization, instituted and directed all of the proceedings of the new county until it passed under the juris- diction and control of another band of county commissioners elected by the people.
180
PAST AND PRESENT OF WAYNE COUNTY
COUNTY COMMISSIONERS
The method of proceeding in the organization of counties was fixed by the organizing act adopted by the Legislature. All of the proceedings were to be conducted by and before a commission of three persons, who were named as county com- missioners in the act of the Legislature.
In the case of Wayne county, Talbot Rockhold, W. B. Hart, and Joseph Dwyer were appointed as such commis- sioners. They held a meeting on the 27th day of January, 1851, and at this meeting adopted many measures which they deemed necessary to complete the organization of Wayne county. The following is a copy of their proceedings verbatim :
ACT OF COMMISSIONERS COURT
First session January 27, 1851, met at house of James Foxes and commenced business.
Act one allowed 1. W. McCarty for organizing the county as organizing sheriff, $20.
Act two allowed the clerk of Appanoose county for sirvas rendered by him, $6.55.
Act three allowed for stationary, bond and recorder, $6.70.
Act four allowed orders issued to judges and clerks of election precintes, three in number, lawfull pay for their serv- ices in election on the 28th of December, 1850, $37.35.
Act Fifth divided the county into precinct and appointed the judges of three of them, to wit :
No. 1. Deventh Fork precint, north-east quarter for judges, Thos. Fitsgerral, Hase, and Joseph Dwyre, election held at Joseph Dwyer's.
No. 2. Washington presint. north-west quarter for judges, Wm. Hoge, Jas. Hammack and Wm. Lanman, held at James Foxes.
No. 3. Jefferson precinte, south-west quarter for judges. Henry P. Sullivan, Harvey B. Duncan and Joseph Hase, held at Dickson S. Dunkins.
No. 4. Monroe precint, south-east quarter for judges, Jno. A. Smith, Win. R. Wright and Evan Carkendall, held at the house of James T. Ranes.
Act six divided the county into three commissioners districts.
181
PAST AND PRESENT OF WAYNE COUNTY
No. 1. Richland district.
No. 2. Cambria district.
No. 3. Madison district.
SECOND DAY OF SAID SESSION
Act seven ordered an election on the 13th of February for the clerk of district sheriff, coronor, county surveyor, judge of probate and school fund commissioner.
Act eight ordered compensation sirvis rendered T. B. Clifford providing stationary, $2.
Act nine ordered pay of rent for courthouse for James Fox, $2.
Act ten for this term's sirvas to wit: Commissioner Rock- hold, two days, $4; Commissioner Hart, two days, $4: Clerk of Court Thos. B. Clifford, two days, $4.
Act eleven adjourned until the last Monday in February, 1851.
At the election provided for at the above session three of the precincts participated.
At the February session of the commissioners it was ordered that the fourth district be organized on the first Mon- day in April. Little business of importance or interest was transacted in February. The county officers elected that month held their office only until August following, when the regular election occurred.
At the April session a settlement was made with the col- lector, by which it appears that $35.75 of state taxes, $55.82 of county taxes, $20 of poll tax and $13.90 of school tax was collected. The delinquent tax was $32.58, and the collector's commission amounted to $4.95. The following statement appears on the record: "Settled up the county business at large and find on this day, the 8th of April, $66.37 in debt."
At this time Thos. B. Clifford acted in the complex posi- tion of clerk, treasurer, recorder and collector. He opened the township returns on the 4th of April and found for Wash- ington township, Kellogg M. Hart and John Galloway elected as justices; Daniel Hammock and Andrew Morgan, consta- bles ; John McGaughey, clerk ; Wm. Mccutcheon, treasurer; James Sutton, Daniel Hammock and Kellogg M. Hart, trustees.
182
PAST AND PRESENT OF WAYNE COUNTY
For Madison township Seth Anderson was elected justice of the peace : Madison Kirk. constable : James T. Ranes, clerk : James Bowers. treasurer : and Jesse Barr. supervisor.
The first important item of business to be transacted now was to select the county seat and for this purpose Geo. W. Perkins of Appanoose county, and Wm. Davis of Decatur county, were appointed by the Legislature. Before entering upon their duties the commissioners were required to take the following oath :
"We. Geo. W. Perkins, Wm. Davis, do solemnly swear that we have no personal interest, directly or indirectly. in the location of the seat of justice of Wayne county. and that we will faithfully and impartially locate the same according to the best interests of said county. taking into consideration the future as well as the present population of said county as we shall answer to God at the great day.
"GEO. W. PERKINS. "WM. DAVIS.
"May 6th. A. D. 1851.
"Subscribed and sworn to before me this 5th day of May. A. D. 1851.
"DAVID NIDAY. district clerk."
The placing of the power in the hands of these two men to absolutely fix the site of the town for a county seat would be considered in modern times as a dangerous delegation of power. It was a standing offer of a bribe to these commis- sioners to fix the place of said town where it would be for their best interests to have it located. But in the many towns that were thus located we do not hear of any attempt to unduly influence such commissioners in their judgment or action. except that in Lucas county one party attempted to have the county seat located on or near a certain tract of land in which he was personally interested. But then the records show that he did not attempt to secrete the fact of his interest from the public. He sought to effect the location of the county seat on or near his lands. on the ground it was the best possible loca- tion for a new town. However. in this the other commission- ers did not agree with him. He appealed to the Legislature in some manner. and presented a voluminous petition signed by a comparatively large number of the settlers in favor of his location. but when his petition was overruled he became disgusted with the proceedings and left the country.
183
PAST AND PRESENT OF WAYNE COUNTY
The commissioners. Geo. W. Perkins. of Appanoose county, and Wm. Davis. of Decatur county. reported the se- lection and purchase of the following lands for a town site, to wit: East half of southwest quarter and the west half of southeast quarter of section 19 in township 69 north. range 21 west. Afterwards. during the summer of 1851. the town was partially surveyed by Benjamin Barker, the county surveyor, and was afterwards finished by J. F. Stratton of Appanoose county. The lots were owned by the county. and were sold at public sale after being appraised.
The first lot was sold to Geo. Garman for $38. The county did not have the money to pay for said land in the first instance. but borrowed the money to pay for it. that is. $100 of John Niday, and $79.50 from David Niday. at ten per cent interest.
The site selected is one mile north and a quarter of a mile east of the geographical center of the county. The commis- sioners named the new town Springfield. but Geo. W. Cleary. secretary of the State of Iowa. wrote to the clerk that there was another town in the state named Springfield, and he sug- gested that this town be called Anthony. The clerk. Wmn. McPherson. also favored the name of Anthony. but Judge An- derson being from Corydon. Indiana, preferred calling their proposed town Corydon. The parties being unable to agree upon a name. it is said they finally determined to decide the matter by a game of poker. In this game Judge Anderson was the victor and so the county seat of Wayne county re- ceived the name of Corydon.
The business of the county was at that time conducted by a county judge. and Seth Anderson occupied this position. He was elected in August. 1851. and Thos. McPherson was at the same time elected as clerk of the courts. The county remained under the system of county judge government until the year 1861. when it was changed to that of a board of super- visors made up of one from each organized township.
In the year 1871 the number of supervisors was by the statute reduced to three. The practical working of that sys- tem has proven satisfactory. It is both economical and efficient.
The record of the early proceedings. after the organiza- tion of the county. are not full and complete. making it diffi- cult to find a connected history thereof. From about the year
Vol. I-11
184
PAST AND PRESENT OF WAYNE COUNTY
1861 to 1875 it was said, perhaps in a joke, that Judge G. I. Wade kept most of the papers of his office in barrels arranged in a row in the room, and when he was asked for some partic- ular document he would answer in a perplexed manner, "If I knew in what barrel it was I think I might find it."
THE FIRST COURT
The first term of court in Wayne county was held in the spring of 1852 in a cabin house hastily constructed and still in an unfinished condition. At the time of holding the court therein the floor in this cabin was laid down loosely and only one-half of the roof was completed; the walls were neither chinked nor painted and a keg was used for the judge's desk.
Judge Mckay expressed himself as satisfied and appeared to be at home in this cabin courthouse. A grand jury was duly impaneled and given in charge of the sheriff. As the county had no jury rooms in those days, the jury were conducted to a slough or ravine in the south part of town some distance from the courthouse, where they seated themselves on the grass to discuss and consider the cases brought before them. At the first term no criminal charge against any person was submitted to the grand jury, and hence they soon returned to the court room and reported that fact to the judge. They were then duly discharged.
On the second day of that term of said court there was a hard rain, attended by violent wind, which carried away some court papers containing a memorandum of the evidence relat- ing to certain matters, and it is said that as these papers could not be found the trials in the cases to which they were related were postponed.
Amos Harris and H. Tannehill, attorneys of Centerville, were present at this first term of court held at Corydon.
THE FIRST COURTHOUSE
The first courthouse in Corydon was built by Wm. F. Lan- caster and John Davis in the year 1856 at a cost of $600. The county also built a jail the same year. This first courthouse was used until about the year 1871, and the jail was used about ten years longer.
TI
WAYNE COUNTY COURTHOUSE, CORYDON
TULE
187
PAST AND PRESENT OF WAYNE COUNTY
Wayne county has experienced the trouble resulting from a county seat war. While this war has not been bitter or carried to the extent of a contest at elections over the ques- tion, yet an existing threat by other towns to contest for the county seat has necessarily, to some extent, retarded the growth of Corydon by causing some people to believe that perhaps it was only a question of time when a change would be made in the location of the county seat. But as Corydon is located very near the geographical center of the county on lands well suited for town purposes, and as it is inhabited by an energetic, enterprising class of business men, and as it now has a commodious and comfortable courthouse with spa- cious rooms for the county offices, it would seem that the ques- tion of the permanent location of the county seat town is forever settled.
The struggle of the people of Corydon to secure a com- fortable and convenient courthouse has continued for many years. The question of levying a tax for this purpose was first submitted to the people at an election held in the year 1869, but the vote resulted as follows:
For the courthouse, 369 votes; against the courthouse, 1,082; being a majority of 713 votes against the proposition.
Again, in the year 1872, this question was submitted to the people at the presidential election held that year. A very full vote was had-this being a presidential vear-but there was a majority against the proposition this year amounting to 1,301 votes. Two years later the board of supervisors sub- mitted to the people the question of the relocation of the county seat again. The contest was between the towns of Corydon and Allerton. At this election Corydon received 1,467 votes and Allerton 927 votes. But notwithstanding this decisive vote between these two towns, the proposition to vote a five mill tax to build a courthouse was rejected by a vote of 690 for the tax, to a vote of 1,385 against the tax.
Again, in the year 1879, this question about building a new courthouse was submitted to the voters of the county and resulted as follows: 715 for the tax, to 1,771 against the tax.
THE LAST COURTHOUSE
About the year 1890 the citizens of Corydon concluded that in order to hold the county seat it became absolutely neces-
188
PAST AND PRESENT OF WAYNE COUNTY
sary for them to construct and tender to the county a court- house suitable for the purpose of the county. They had tried in vain to induce the county to vote a small tax for this pur- pose, but they had failed and nothing was left but an effort to build this house at their own expense. It looked like a herculean task for the people of this small town to raise a sufficient amount of money to build such a house. They dis- cussed various schemes to raise this money. One of the schemes suggested was to plat a row of lots on the public square, all around the square, for business lots, and sell them, and use the proceeds in building this house.
However, after carefully examining this proposition they concluded to abandon it as not being feasible. Various legal objections were raised to it, which would operate to delay the consummation thereof even if they found it desirable.
After discussing and weighing various propositions they concluded that if they built the house at all, the money re- quired to pay for it must be raised principally from the citizens of the town by such subscriptions, and the papers being prepared the proper committees were appointed to circulate the same and ascertain whether or not sufficient money could be raised thereby.
By energetic work they secured the sum of $18,000. This looked like a very small sum with which to pay for a house of this character, but at that time the prices of labor and building materials were very low as compared with the prices at this time, and they resolved to make the attempt to build such courthouse with this amount of money.
They succeeded. Strange to say, with the sum of $18,000 thus subscribed they built a commodious house with a large court room and with large commodious offices amply sufficient for the transaction of all the business of the county. Such a house could not be built at this time at the present prices of labor and materials for less than $40,000. This shows what industry and economy will effect. This house would be a credit to any county and will be amply sufficient for use as a courthouse and for office rooms for the county officers for the next twenty-five years. It has had the effect to settle the county seat controversy perhaps for ever. The fact that Corydon is located within one mile of the geographical center of the county furnishes a strong reason for the location of the county seat at that place.
189
PAST AND PRESENT OF WAYNE COUNTY
THE BOUNDARY LINE CONTROVERSY
Wayne county was at one time interested in a boundary line controversy between the State of Missouri and the State of Iowa. Quite a number of the people of Missouri claimed that the northern line of the State of Missouri extended eight to ten miles north of a line where Iowa people claimed it was. It is difficult to ascertain the exact cause of such controversy or how it originated. From the best information that we have been able to obtain, Missouri claimed that Iowa in defining the boundaries of the counties bordering on the Missouri state line had fixed such boundary line about ten miles further south than it should be. The Constitution of Missouri defined her northern boundary to be the parallel of latitude which passes through the rapids of the Des Moines river.
The lower rapids of the Mississippi immediately above the mouth of the Des Moines river had always been known as Des Moines rapids, or "the rapids of the Des Moines river."
The Missourians, (evidently not being well versed in his- tory or geography), insisted on running the northern bound- ary line from the rapids in the Des Moines river just below Keosauqua, thus taking from Iowa a strip of land or terri- tory eight or ten miles wide. Assuming this as her northern boundary line, Missouri attempted to exercise jurisdiction over this strip of disputed territory by assessing taxes on the property therein located and sending her sheriffs to collect the same by distraining the personal property of the settlers living on said strip.
The Iowans, however, refused to submit to such taxation, and the Missouri officials who came to collect such taxes were arrested by the sheriffs of Davis and Van Buren counties in Iowa, and placed in jail. Then Governor Boggs of Missouri called out his militia, and Governor Lucas of Iowa called out the militia of Iowa, and both parties made preparations to engage in civil war.
In Iowa about twelve hundred men were enlisted. and 500 were actually armed and encamped in Van Buren county. Iowa, ready to defend the claims of Iowa to this disputed ter- ritory. Afterwards Gen. A. C. Dodge of Burlington, Iowa, General Churchman of Dubuque, and Doctor Clark of Fort Madison were sent to Missouri to effect a compromise or set- tlement of this controversy if possible by a peaceable adjust-
190
PAST AND PRESENT OF WAYNE COUNTY
ment thereof, but on their arrival they found that the county commissioners of Clark county, Missouri, had rescinded their order for the collection of taxes, and Governor Boggs had dis- patched messengers to the governor of Iowa preparing to submit an agreed case to the supreme court of the United States for the final settlement of this boundary question.
This proposition was declined by the Iowa authorities, but afterwards Congress authorized a suit to settle this question, which was instituted and which resulted in a judgment con- firming the claims of Iowa to the proper location of said line.
Under this decision William G. Miner of Missouri and Henry B. Hendershott of Iowa were appointed commission- ers to survey and establish said boundary line. It is said that the expenses of this war on the part of Iowa were never paid by any one, and hence the patriots who furnished supplies for the troops who met to enforce the claims of Iowa to this strip of territory never received any sum for their time or services.
We cannot understand how this could occur, but it seems to be well verified, but we do not see any justice in compelling individuals to bear the expense of this war. Under this deci- sion Wayne county secured about 20,480 additional sections of valuable land.
THE WAR RECORD OF WAYNE COUNTY
While the county records fail to disclose the number and names of the many gallant soldiers that Wayne county has furnished our Government in its effort to crush the greatest rebellion know to history and preserve the union of the states, yet with the valuable assistance of Captain W. M. Little, I have been able to ascertain the names of these heroes, and if this publication has no other use or purpose than to collect and preserve the names and services and sacrifices of these men, it becomes and is valuable.
In order that we may properly estimate the value of the services rendered the country by the men who voluntarily risked their lives in the preservation of the Union, let us for one moment think of the position or situation in which we. as a people, would be today, if the so called Confederate states had succeeded in their attempt to destroy our Government. Think of an imaginary line extending through the country
191
PAST AND PRESENT OF WAYNE COUNTY
from the lakes of the North to the evergreen verdure of the South. On one side of this line we can see a Government founded upon human slavery, and on the other a Govern- ment founded upon the theory that "all men are created free and equal." On both sides we can see large standing armies and battlements of war to enforce these contradictory forms of human government. What a home for our children, and our childrens' children! Talk of Mexico-talk about the daily revolutions in South America-and think of our great nation, with the best form of government ever devised by man, pass- ing from the heights of human wisdom in the structure of government, to the lowest caricatures of human government. Rome in her palmy days never had such a soldiery ; and Rome in the days of her degeneracy never reached that point in human degradation to which we were fast passing when we were saved by the soldiers. Their names and deeds should be emblazoned in our history and written in letters legible and intelligible in the records of every county in the state.
As before stated, the records of Wayne county fail to show the full history of its soldiers. We know that such failure does not occur by reason of a failure to appreciate the services and sacrifices of these men. No more patriotic people ever existed in any county or state than the people of Wayne county. It is not the only county that has failed to keep such record. This failure to provide for such record arises from the fact that where a duty rests upon a large number of peo- ple, they are too apt to conclude that others will discharge such duty, and hence it is likely to be neglected. It frequently happens that one man, or a few men, without reward or the hope thereof, voluntarily contribute their time and services in the discharge of duties devolving upon the public. In some counties in the state, local historical societies and old settlers associations have been organized, and the chief object and purpose of such organizations has been to collect and pre- serve the history of the county. In such counties the history of their soldiers have been carefully collected and preserved.
As hereinbefore stated, we are indebted to Capt. William M. Little of the Twenty-third regiment of Iowa Volunteers for the history of the soldiers of Wayne county. While there may be minor mistakes and omissions in this record, vet for- tunately for the memory of these soldiers the statements of historians can and will be verified, confirmed or corrected,
192
PAST AND PRESENT OF WAYNE COUNTY
and in the end, this record can and will be corrected in accord- ance with the exact facts.
LIST OF WAYNE COUNTY SOLDIERS
We are led to believe that the following is a correct list of all soldiers furnished by Wayne county under the different calls for soldiers by President Lincoln and the Governor of Iowa, to wit:
Third Iowa Cavalry from Wayne County
W. C. Drake, Micajah Baker, H. D. B. Cutler, W. A. Wright, B. S. Jones, C. W. King, J. W. Honnold, Company L; B. F. Veatch, Company L; B. M. Belville, Company M. Company D
John P. Shepherd, W. F. Coulter, Fuel Collins, John Lewis, Robert Price, James Fitzgerald, S. C. Herbert, Miles Lewis, Simeon Veatch, Samuel Mahana, Abiram Lambert, W. S. Pechin, H. T. Honnold, W. H. H. Rogers, Eli Weagley, Wm. Kelso, J. A. Hassell, W. B. Warren, W. P. Morrison, W. H. Adams, J. W. Brooks. E. R. Belvel, Manaen Collins, J. B. Dean, J. N. Farnsworth, J. P. Houser, J. W. Howard, I. C. Hutchinson, Win. Kelso, T. H. Lee, Henry Lee, J. D. Fergu- son, W. H. Kimple, J. S. Rogers, Robert Kelso, George Kimple, E. S. Rogers, Charles Keys, J. W. Davis.
Recruits in Company A
H. W. Crosthwaite, F. M. Fitzgerald, S. J. Goodin, John Goodin, L. W. Greenough, Frank Hardesty, C. M. Hume, Samuel McReynolds, Joseph Ogle, James Pace, H. A. Thorp, J. W. Vest, Thomas Young.
Company F
William B. Job.
Company L
R. P. Abel, J. J. Fisher, Henry Fisher, J. B. Herbert.
Company M
G. W. Bates, G. H. Farnsworth, Adelbert Gray, John Howry, Perry Hill, W. H. Johnson, G. C. Jennings, J. F. Kirk, Henry Liuder, Joseph Lawson, J. E. McCune, I. D. McCarty, Franklin McCorkle, W. S. Osborn, C. A. Osborn, G. T. Sheldon, S. D. Sarver, I. N. Smith, Wm. Tinkham, A. M. Varner, Hiram Vanpelt, N. B. Williams, Chas. R. Wright, J. C. Zimmerman, John Brock, G. W. Davidson, L. W. Green,
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.