USA > Iowa > Lucas County > Past and present of Lucas and Wayne counties, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 21
USA > Iowa > Wayne County > Past and present of Lucas and Wayne counties, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 21
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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
"OLD INDIANOLA, Texas, Feb. 13, '64.
"There is considerable excitement in the older regiments here over the Veteran service. All the old regiments are re- enlisting; all the men do not but nearly all do. Those who re-enlist get a furlough, and all the old regiments are going home, some have gone, others are going. The Eleventh Wis- consin starts in the morning. They are very happy and jubi- lant because they are going home-I don't blame them.
"We drew new tents some time ago, and turned over our old ones, that were about worthless. We got them without getting an order from General Dana, who is in command here. He wanted to let the boys know that he was in com- mand, and he ordered the Colonel to turn over the new ones to the Quartermaster General. If this had been done, the boys would have had to camp out of doors without any cover at all. The Colonel paid no attention to the order, and Gov- ernor Dana put him under arrest on the morning of the 7th
Christian Church Methodist Episcopal Church
Presbyterian Church United Brethren Church
A GROUP OF ALLERTON CHURCHES
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inst, for disobedience of orders, and then ordered the Lieuten- ant Colonel to turn them over, which he did and had them hauled down to Powderhorn (about four miles) and after we got them down there he ordered us to haul them back, and set them up again. We got all back except two for each company; such is the style of eastern officers. Our division is putting on more style now than they ever done, but I don't think they are going to have to do much fighting, at least there is no prospect of it now.
"The nights here are quite cool but the days are warm and grass has commenced growing.
"Feb. 14th. Our Regt. escorted the Eleventh Wisconsin to the ship today, starting home on their veteran furlough. Lieutenant Standiford returned to the Regt. today with forty-eight men of the Regt. who are returning from the con- valescent camps and from furloughs; six of them were mem- bers of Company D."
"OLD INDIANOLA, Texas, Feb. 21, 1864.
"The health of the Right is good, and not a man reports to sick call. The Colonel has been released from arrest with- out trial. The boys are having dances in town these times and are enjoying themselves. The ladies of the town, mar- ried and single, war widows and grass widows, all take a part. There is to be one tomorrow night. I have not attended any yet, but most of the officers do."
"OLD INDIANOLA, Texas, March 1, 1864.
"We had a party on the 22nd of Feb., Washington's birth- day. The invitations were sent out with 'Compliments of Lt. Gov. L. Stillman.' We had a detail made from the in- fantry here to act as scouts, and went out into the country on the 22nd ult. and 14 out of 25 were captured."
"OLD INDIANOLA, Texas, March 6, 1864.
"The Chaplains of the Twenty-first. Twenty-second and Twenty-third Iowa are having a revival of religion in camp of the Second Brigade. There were fifteen joined last night that never made a profession before, beside several backslid- ers, and tonight they got about the same number. It appears to be quite interesting. The house is filled to overflowing every evening an hour before preaching commences. If a
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person waits till the bells ring they are liable to have to stay on the outside.
"This is the easiest time we have had since our enlist- ment. We have the nicest camp, the best accommodations and have stayed longer than in any camp since we left Pat- terson, Mo., with a probability that we will stay some time longer. We have the usual number of reports about the suc- cess of our armies, our marching orders, etc., but nothing definite or certain."
"MATAGORDA ISLAND, March 16, 1864.
"You will see by the address of this that we have changed our camp back to Matagorda Island. Our camp is about five miles below Fort Esperanza and out of sight of wood and water. The camp is a nice one though, but not so nice as the one we just left.
"We received orders to march on the 9th, and were to start on the 10th, and we made all the necessary preparations that evening; sent our trunks and all unnecessary baggage to the boat. The next morning we struck out and started at 6 o'clock. We marched about a half a mile, and the order was countermanded. We about faced and marched back, but our baggage did not come. We pitched our tents again, and stayed until Sabbath morning, the 13th inst., when we started again at 6 o'clock A. M., and marched as far as Pow- derhorn (three miles) crossed the bayou below town and lay there along with the 18th Ind. as a rear guard until half- past 12, and the balance of the army came on down. We then started and marched to Fort Esperanza that night. Getting there about 9 o'clock P. M. Our scouts captured four prisoners that day.
"On the march down we had to cross two bayous and the wind was very high, and the boat sank once in each bayou. The first time it was close to shore and the men all got out, but the second time it sank in the middle of the bayou where the water was in a body large enough to use as a harbor in time of storm. The Sixty-ninth Indiana or a part of it was on the boat when it sank, and the Asst. Surg., one Lieut. and twenty-two men were drowned.
"When we left Indianola Gen. Banks offered free trans- portation to all citizens as far as New Orleans and about 60 of them accepted this offer, but most of them were women.
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"After we went to Indianola all that would not take an Oath of Allegiance were put outside of our lines, and those that did take it remonstrated against being left to the mercy of the rebels, hence the order for transportation.
"On the 14th we came over here and formed our present camp. Gen. McClernand is, I understand in Command of the Post. Gen. Lawler commands the Division and Gen. Warren of the Brigade. Four Regts. have gone home on veteran fur- lough and the two brigades, 1st and 2nd are consolidated and form the First, and the old 3rd is now the 2nd.
"MATAGORDA ISLAND, Apr. 3, 1864.
"We had seven of our Regt. baptized last Sabbath, and there will be several more baptized this afternoon.
"We have breastworks thrown up clear across the Island (31/2 miles). Five forts on the line arranged for their guns each connected by rifle pits. About three miles back of us and one mile from Esperanza there is another line of earth- works and five more forts. We are fairly well fortified.
"Our Martinet (Gen. Dana) sent up his farewell address on the 1st inst. He has been relieved of his command here (it is reported by his request). I hope he is satisfied, because I know that the army here, both officers and men, are not sorry. He had a review of the troops here before he left. Gen. McClernand has gone to Brownsville on business, but his headquarters are still here.
"The officers are ordered to supply themselves with regu- lation dress suits as most of them are without them. Some of the officers wore suits when they got them, but they are not very dressy now. A fair suit for an officer will cost-coat, $40; pants, $15; hat, $6; vest $8; boots, $10 to $15; sash, $15 to $20 and upwards, and other things in proportion.
"Baptizing the new converts is the order of the day now, and our Regt. has quite a number baptized. Six of Co. D under today.
"MATAGORDA ISLAND, Tex., Apr. 24, 1864.
"The second brigade of our division started for New Orleans, and up Red River on the 18th inst. We tried to get away too, but failed. I asked Gen. Lawler what our prospect was and he said he did not know, but he did want the 23rd along with him, as he considered the Regt. his No. 1. It is the
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general opinion that we will have to go up Red River soon to help Banks settle a little difficulty he is having up there. The 22nd Iowa returned from Lavacca this evening.
"ON BOARD STEAM SHIP 'CLINTON,' Apr. 28. '64.
"We left the Island on the 26th for Grand Ecore. La., in the Red river country, and are now above Fort Jackson on the Mississippi below New Orleans. We have had fine weather and a pleasant trip. The 23rd and six Cos. of the 22nd are on board.
"ON BOARD MISSISSIPPI STEAMER ' MADISON.' May 5, 64.
"We lay at New Orleans five days. We drew our pay and invested a good part of it in clothing. My outfit cost $118. and not very fine either. One of our Company got drunk on the boat. and I had to tie him up. The first of the kind in the Co. He was a good soldier and I did not like to do it. but there was no other way.
"STEAMER ' MADISON,' May 10, 1864.
"We are still on the Madison, but going down the river. The day before we came to the mouth of the Red river there were two transports and two gunboats (Musquito style) sunk by the Rebel batteries about 25 miles below Banks' army, and about 10 or 15 miles above Fort DeRussy. We went up as far as the Fort and stayed four days. and are now returning. Red river is a very red, muddy and crooked stream and nar- row. A person can throw a stone across it at any point from its source to its mouth, and yet it is claimed that boats have navigated it for 1.400 miles. Fort DeRussy is about 90 miles from its mouth, and there are very few signs of civilization to be seen. We occasionally pass a rude cabin on the banks of the stream, with from one to ten acres in cultivation around it.
"Fort DeRussy was built by the Rebs last fall and our men took it March 14th, and captured a large supply of ammunition. A part of the fort was blown up, but it has been quite a strong place. Their 25 picket men came through from Banks' army to us on the Sth inst .. and reported favorably. The 120th Ohio was going up to join the army a few days ago, and their boat was sunk by the Rebs. The 56th Ohio had veteranized and started down the river on their way home on veteran furlough with the Musquito boats as convoy. All the
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boats were sunk and it is reported that the 120th were nearly all killed, wounded or taken prisoners. About one-half of the 56th got away, and are now at Port Hudson. While lving at the Fort there were several dead soldiers of these two Regts. floated past our boat, but at the time we were expect- ing an attack. We had to shell the woods to drive the Rebs out.
"NEAR MORGANZA, La .. May 23. 1864.
"Since writing last we ran down to the mouth of the Red river and lay five days, ran up to the head of the Atchafalava river. lay over night with Banks' fleet; next morning ran down to Simmes port and when we got there the army was coming in. We lay there three days, during which time we made a bridge of steam boats across the river and the army moved over on it. At 6:30 in the evening of the 20th we started for this place. We marched all that night. all next day and till ten o'clock the next night. when we camped within about three miles of here.
"The army is in good health and spirits. everything con- sidered, but they are all down on Banks. They think that his whole object was to capture cotton and pocket the pro- ceeds. He was not successful-he has got started down hill. and every one that can is giving him a kick.
"All our camp and garrison equipage is on board the boat and I have to borrow writing material. We are lying on the ground under some boards put up to keep off the sun. I am writing on my knee.
"MORGANZA. La .. June 4. 1864.
"We have just returned from a scout in the direction of the Atchafalava river. We marched west about 30 miles. and had some skirmishing on the way. We killed a Reb. Capt .. and two Lieuts. and took one prisoner. Camped about 10 o'clock P. M .. lay over night and started back in the morning. Marched about half way back and camped for the night. Next day about 3 o'clock we marched about two miles and lay in line of battle till night. Marched back and went into camp on the main road. and laid there until 4 o'clock the next morn- ing and started for Morganza again, where we arrived about 9 o'clock through the mud. It had rained about one-half of the time for the last two days, and has been raining nearly
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all the time since we came back, and we have been back two days.
"One Capt. of the 24th Iowa was killed on the trip by the bushwhackers. We took 60 rounds of ammunition. Every- thing is quiet now except that some Reb scouting parties are on the warpath and occasionally take in some straggler. The balance of our brigade is at Baton Rouge.
"MORGANZA, La., June 13, 1864.
"It is now 10 o'clock P. M. and we have just received orders to be ready to march at 5 o'clock in the morning with 60 rounds of ammunition and without blankets. It commenced to rain here May 31, and has rained more or less every day since. Our camp is between the river and the levee and it is a perfect mudhole.
"We had Grand review yesterday by Brig. Gen. Emory commanding the 19th A. C. and the Post here.
"MORGANZA, La., June 20, 1864.
"Our orders to march in my last were countermanded, and we are still here.
"MORGANZA, La., June 26, 1864.
"We received the order this evening assigning us to the 1st Brig. 3rd Div. 19 A. C. The Regt don't appreciate the honor. The 19th is looked upon by the boys as a paper collar corps. The boys think the 19th corps has laid around and done nothing, but dress and wear paper collars, except the taking of Port Hudson. They have generally been doing gar- rison duty. They make a better show on dress parade or review, while the 23rd has been roughing it on the march and in the field. We don't expect to have to do any fighting while we are with them.
"MORGANZA, La., July 4. 1864.
"Since writing on the 27th ulto, the 1st and 2nd division of our corps has gone down the river to Carrollton, La. Yes- terday we moved our camp about two miles down the river, and our prospect for staying here for some time is good. If we leave here the place will be abandoned. I have had a slight attack of ague, but not off duty. I am on duty more frequent now than usual, though it is not hard. Most of the Capts.
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are on other duty. The Capt. of Co. A is on Provost duty ; Co. F, signal officer; Co. 1, Brig. officer of the day; Co. H, drilling his Co. for a prize drill; Co. E, asst. Inspector Gen- eral; Co. G, on court Martial; Co. B, sick. This leaves only three Capts. for duty.
"MORGANZA, La., July 11, 1864.
"We are under marching orders now and have no pickets out; waiting for transportation, which we expect at any time. Our destination is not known, but probably up the river.
"ON BOARD WHITE CLOUD, headed north above Lake Providence, La., July 18, '64.
"On the 13th we embarked on the Kate Dale (a gulf steamer with very poor accommodations). We started up the river-running very slow until we came to Natchez, where we met Gen. Brainard, who ordered us on board the Grey Eagle, (a first class packet with the best accommodations we have ever had since we have been in service). We arrived at Vicks- burgh about one o'clock on the morning of the 15th. In the morning we found that Martin P. Kellogg of Co. D was miss- ing. His clothing and equipments and all that belonged to him were lying by his bed just as he placed them when he went to bed. The natural conclusion was that he was drowned. We picked up his things, expecting to send them home to his mother, but about 9 o'clock Mart came on board. Here is his story.
"When he awoke he was about two rods behind the boat in the water, but did not know how he got there. He was not much of a swimmer before, but he said he thought he swam as much as two hours. He would swim awhile and then turn on his back and float until he got rested. He could not see the shore, as the night was dark, though he was about to give up two or three times. but as he thought he was entirely given out and would go under the water, he thought of his mother and would make another supreme effort and at last was able to touch bottom. He had nothing on but his shirt, and as he found out that the mosquitos were awful hungry he had to lie in the water till daylight on that account, with his face exposed. After daylight he still lay in the water to hide from any rebels that might be around. About 7 o'clock a gunboat came up the river. He hailed her and was taken on board about 15 miles below Vicksburgh. He tells the boys not to
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question him too close. He does not want to tell all his thoughts when in the water.
"There was great rejoicing in Co. D. We embarked on the White Cloud on the night of the 15th, and next morning started up the river."
It may be said that we have devoted too much space to these letters from a soldier, but we must bear in mind that these letters correctly represent the services and sacrifices of thousands of private soldiers. They tell the simple daily story of patriotism. His description of the feelings of a soldier when going into battle is the best we have ever read.
THE COURTS OF WAYNE COUNTY
The courts of Wayne county were :
First. The county commissioners, with jurisdiction over the county government, and in the beginning with the powers of a probate court in the settlement of estates. There is no connected history of this court, and its proceeding to be found in the county records.
Second. The next tribunal was the county judge, or county court as it was called. This court had jurisdiction in all probate proceedings, and either assumed, or was given general powers in directing all county business. The county judge had, or assumed the right and authority to organize or fix the boundaries of townships. The records show that in some instances the county judge exercised the power to divide original townships into two or more townships.
Third. Then followed the municipal court, of justice of the peace. Immediately after the county was organized two justices of the peace were elected or appointed for each township.
Fourth. Then followed the district court, with general jurisdiction at law and in equity, and also jurisdiction in all criminal cases. William McKay was the first judge of the district court.
Fifth. The following is a list of all of the judges of the district court, to wit: William McKay, of Desmoine: John S. Townsend, of Albia; Henry H. Trimble, of Bloomfield ; M. J. Williams, of Ottumwa; H. Tannahill, of Centerville; E. L. Burton, of Ottumwa ; W. H. Tedford, of Corydon; H. K. Evans, of Corydon, and Thomas Maxwell of Creston.
PUBLIC SCHOOL, SEYMOUR
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HIGH SCHOOL, SEYMOUR
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Sixth. About the year 1875 the Legislature created an additional court, called the circuit court, with general civil jurisdiction, and jurisdiction in probate proceedings, which court existed for about ten years.
Seventh. The following are the names of all of the judges of the circuit court: Henry Dashiel, of Albia ; H. C. Traverse, of Bloomfield, and Robert Sloan, of Keosauqua.
The legal fraternity of Wayne county may well feel proud of its record.
The pioneer lawyers of the county, such men as John Hayes, W. E. Taylor, J. W. Freeland, and S. L. Glassco, were men of rugged honesty, strict integrity, and more than ordi- nary ability in their profession.
Lewis Miles, an attorney of Corydon, has served about twelve consecutive years as the United States district attor- ney, for the Southern District of Iowa, with honor to himself and credit to the administrations that appointed him.
W. H. Tedford and H. K. Evans, attorneys of Corydon, have each served as judge of the district court for a number of years, and discharged the duties of this office in a manner entirely satisfactory to the people who elected them.
Judge Evans has served about eight years, and is one of the present judges of the Third Judicial District. W. H. Ted- ford served as such judge for over sixteen years, and he might still occupy this position if he had desired to do so. But a few years ago he concluded that his health was failing, and he vol- untarily resigned the position of judge.
Judge Tedford was noted for his industry in keeping in touch with the rulings of the supreme court. It was fre- quently remarked by lawyers, that if the supreme court had ever passed upon any question involved in a case which he was called on to try, he knew it.
The story was told that at one time the supreme court was about to reverse one of Judge Tedford's cases, in the giving of a certain instruction, when it was discovered that the in- struction complained of was an almost literal copy of an in- struction which the supreme court had approved in another similar case.
Judge Tedford's record in the supreme court is unexcelled.
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LYNCH LAW
Perhaps there is not a county in the State of Iowa that has not furnished at least one case of lynch law, and it may be possible that cases have occurred wherein this method of pun- ishment may have been excusable if not justifiable, but, as a rule, such proceedings are not only illegal and unjustifiable, but they are cowardly and cruel. The fact that the party is guilty of the crime with which he was charged does not excuse the mob for hanging him. In this country we profess to be gov- erned by law, and under the law no man can be punished for any alleged criminal act, until he has had a full and fair trial, and a jury has found him guilty. Mobs simply assume that a man is guilty and proceed to execute him without a trial. The act is cruel and cowardly in proceeding to punish him simply because they have the physical power to do so. Think of the cowardice of such an act for one moment. The man is in the possession and power of a hundred men. He has no opportunity to escape if he is guilty, and yet the leaders in such mobs evidently act upon the theory that they are exhibit- ing wonderful courage in taking his life. Very likely the man or men who can halloo the loudest, and cry for a rope to hang him, are innate cowards. If the poor culprit was turned loose they would be the first fellows to run ; but with a hundred men back of them ready to help take his life, they can loudly demand that his life be taken, and they seem to think that they are performing a courageous act when they insist that he shall be executed without a trial.
It may be where a criminal is taken in the act of commit- ting a bloodthirsty crime, there is some sort of palliation in this manner of punishment, but where the criminal has been arrested and is in the hands of the officers of the law with the power to prevent the possibility of escape, there can be no sort of an excuse for the action of a mob. It is true that in the early history of our country, and especially in the year 1849, when a large number of men went to the mountains of California to seek for gold, and for two or three years, while this band of men were digging for gold, the execution of criminals by mobs in that new country was quite common. But there was some excuse for their actions in the fact that the country was wild and unorganized, and as vet the courts were not elected or acting to protect the miners.
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These men had left their families and homes to search for gold. They had risked their lives in a new country, where courts had not yet been instituted, and when they had gathered together for themselves and their families by hard work a quantity of gold, then to have this fruit of their labor taken from them by a band of organized thieves or cutthroats was too much to bear, and hence history informs us that these pioneers, for their own protection, organized what they called "Vigilant Committees," who after becoming fully satisfied that a certain person was guilty, proceeded to and did hang him without the presence of a judge or jury. Although this was a crude and uncertain tribunal, such persons were in fact punished under the forms of law. The historian of those times informs us that this Vigilant Committee would and did pay some regard to the rights of the party charged with the crime. Unless he was caught in a criminal act he was given an opportunity usually to explain his conduct, and notwith- standing the hasty manner of trial, if the party was really innocent the probability was that he would be acquitted. But it must be admitted that the proceedings of such Vigilant Committee should not be substituted for courts of justice.
The origin of what is called "Lynch Law" occurred some place in Virginia, and its early history is this :
A party charged with the commission of a certain crime was arrested by his neighbors, and when some member of this party urged that he should have a regular trial under the forms of law, another member of that body, named Lynch, insisted that the evidence was so clear that they ought to pro- ceed to execute him without a judge or jury; and this was done, and it was afterwards called "Lynch Law" in honor of the fellow who originated the idea of lynching.
Both Lucas and Wayne counties have had one case of this kind. One Hiram Wilson, a horse thief and murderer of Sheriff Lyman of Lucas county, was lynched by a mob of Lucas county citizens the same night that Lyman died. Lyman was proceeding to arrest Wilson, when Wilson notified him that he would shoot him if he undertook to arrest him. Lyman being a man of great courage continued to approach Wilson, when Wilson shot him. The facts and circumstances con- nected with this shooting appear in the annexed history of Lucas county.
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