Past and present of Winneshiek county, Iowa; a record of settlement, organization, progress and achievement, Volume I, Part 7

Author: Bailey, Edwin C; Hexom, Charles Philip
Publication date: 1913
Publisher: Chicago, Ill. : S.J. Clarke Publishing Co.
Number of Pages: 374


USA > Iowa > Winneshiek County > Past and present of Winneshiek county, Iowa; a record of settlement, organization, progress and achievement, Volume I > Part 7


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 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30


Since the foregoing was written Decorah has acquired some new citizens of Mexican birth. That they will remain and become permanent in their residence is not thought probable, however.


CHAPTER IV


COUNTY ORGANIZATION


Who organized Winneshiek county, and when did the organization take place?


It has been quite generally accepted that an organizing act passed by the Iowa Legislature on January 15, 1851, appointed John L. Carson as organizing sheriff with authority to act on and after March 1, 1851 ; that pursuant to the authority so vested in him he designated Monday, April 7, 1851, as the date of election, and set stakes at Louisville, or Lewiston, on the Turkey river, at MeSwain's mill ( Moneek), and at Decorah, as the places where the polls would be open. As further evidence that an election was so held we find engrossed upon the first page of the first records of Winneshiek county the following testimony :


"State of Iowa-Winneshiek county.


"I hereby certify that at an election held in the county of Winneshick, and State of Iowa, on the 7th day of April, A. D. 1851, Decorah was duly elected to be the county seat of said county.


"In testimony whereof, I have set my hand the 14th day of April, 1851. "J. L. CARSON, Organizing Sheriff."


Could a more certain record be expected, taking into consideration the fact that in those days even lawmakers were not as particular as they are today in the matter of setting out statements and facts so that no question could arise ?


Yet after all these years there comes forward, in the form of a notice of appointment, personal letters, and a copy of a notice of election, evidence that would tend to contradict the foregoing record and give to Josiah Goddard credit for acting as organizing sheriff.


As early as 1849 the settlers began to agitate the question of county organ- ization. It would appear from the letters that follow that the agitation reached a point, early in 1850, where Josiah Goddard, acting for himself and others, for- warded a petition to Judge James Grant, of the second judicial district of Iowa, asking that Mr. Goddard be appointed organizing sheriff. Reference to papers and documents of Mr. Goddard, now in the possession of his son, Harrison T. Goddard of Fort Atkinson, discloses the following notice of appointment given over the signature of Judge Grant :


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"To all whom these presents may come.


"Greeting.


"Know ye, that in pursuance of the laws of Iowa, in such case made and provided, at the request and in pursuance of the petition of the citizens of Winne- shiek county, I have appointed and by these presents do appoint Josiah Goddard sheriff or said county, for the purpose of organizing said county of Winneshick, to hold his office until the first special election in said county, and until his suc- cessor is elected and qualified ; and I do hereby appoint the ... day of ...... in the year 1850 as the time for the first special election to be held in said county.


"Given under my hand at Davenport, in the Second Judicial District, on the 18th day of March, 1850.


"JAMES GRANT. "Judge 2 Jud. Dis."


This notice was accompanied by the following letter to Mr. Goddard, in which the reader will observe that specific directions were given as to the mode of procedure for the special election :


"To Josiah Goddard, Esq., "Fort Atkinson, Iowa. "Dear Sir:


"] send you an appointment as sheriff of Winneshick county. You will find all your powers and duties pointed out by the act of February 24, 1847.


"The first thing which you will do is to give bond and qualify as any other sheriff : which you can do before the clerk of the district court of some adjoining county.


"You will then divide the county into precincts, fix places for holding the elec- tion therein, give names to the precincts and describe their boundaries and names in the notices of election. You will give about ten days notice of the election by posting three written or printed notices in about three of the most public places in each precinct in the county.


"You will give notice for all the important county officers, viz : Three county commissioners, one sheriff. one coroner, one clerk of the district court, one clerk for the board of county commissioners, one prosecuting attorney, one recorder, who is to act as treasurer and collector, one fund commissioner, and two justices of the peace and two constables for each precinct


"You will appoint judges of election for each precinct. After the election vou will receive the returns and grant certificates of election to those who have the highest number of votes, and do all such acts as the commissioner's clerk is required to do until one is elected.


"You will fill up the day of the election in your appointment at such time as may suit your convenience.


"When the board of commissioners meet, you will furnish them with a copy of your appointment, and a return of your proceedings, which it will be advisable for them to enter on their records.


"If some of your citizens will attend Clayton court, I will fix a time for holding court in your county. If the citizens of Fayette county desire an organization, they can, of course, have it by a petition.


"Your Obt. svt., "JAMES GRANT, "Judge 2 Jud. Dis."


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That Mr. Goddard exercised the authority conferred upon him to call an organizing election, and followed the instructions contained in the foregoing letter, is evidenced by one of the original copies of the notice of election, found among his papers. It bears unmistakable evidence of having been exposed to the weather, the ink being faded and the sheet spotted as by rain drops. The notice reads as follows :


"ELECTION NOTICE


"Notice is hereby given that by virtue of authority invested in me as the organizing sheriff of the county of Winneshick, I have this day divided the said county of Winneshiek into three election precincts with the following boundaries to wit :


"PRECINCT NO. ONE


"will be embraced in so much of said county as lies west of the town line dividing range 8 and 9 and south of the town line dividing 97 and 98.


"PRECINCT NO. TWO


"will be embraced in so much of said county as lies in townships No. 98 and 99.


"PRECINCT NO. THREE


"will be embraced in the residue of said county of Winneshiek. In precinct No. one the polls will be held at the house of Mr. Carson at the agency. In precinct No. two the polls will be held at the house of William Day. In precinct No. three the polls will be held at the house of S. W. McSwain. The electors of the above named precincts will on the day of election choose their judges and clerks to preside over said election who in the absence of a justice of the peace may qualify each other to preside over said election.


"And notice is further given that an election will be held at the poll houses in the above named precincts on the 5th day of August, 1850, when the following state and county officers will be voted for, to wit:


"One Governor, one Congressman, Secretary of State, Auditor, State Treas- urer, Treasurer of Public Works, one Senator and one Representative.


"COUNTY OFFICERS


"One Sheriff, Treasurer and Recorder, three County Commissioners, one Com- mission Clerk, Clerk of District Court, District Attorney, Probate Judge, Cor- oner, County Surveyor. The judges of election will make their returns to this office so that the returns may be canvassed at 12 o'clock, noon, on Thursday fol- lowing said election and such county officers are requested to meet at this office on Monday the ... day of August and qualify for entering upon the discharge of their several duties pertaining to their several offices.


"Given under my name this 20th July, A. D. 1850.


"JOSIAH GODDARD,


"Organizing Sheriff of County of Winneshiek."


.


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Force is given to all of the foregoing by the following letter from Hon. Eliphalet Price of Clayton county to Mr. Goddard :


"Guttenberg, July 19. 1850.


"Dear Sir :


"I have only a moment's time to say that I have just had an interview with the Superintendent of Public Instruction who informs me that at the time of electing your county officers on the first Monday in August you will also be expected to elect a School Fund Commissioner. My impression was when with you that this officer could be appointed by the Sheriff and Clerk of the District Court, but Mir. Benton says that he could only recognize him if elected, which he will do if such officer is elected and qualified in your country at the time of your first election of county officers. This perhaps will not reach you until Friday before the election. You would then have time to notify the people in each precinct of the fact and they could elect one. You will please let Horkins know of this fact and he will. I have no doubt, assist you to get up the notice or give the information.


"In haste yours,


"ELIPHALET PRICE."


"J. W. Goddard."


Mr. Price at this time was engaged in taking the census. It is evident from the context of his letter that he had been in Winneshiek on this mission, and while here had conferred with Mr. Goddard concerning the organization of the county.


Up to this point the claim of Mr. Goddard's heirs that their father was the organizing sheriff of the county has logical and conclusive evidence to support it. Something must have occurred subsequently to postpone the election, however. for among Mr. Goddard's papers is found the following letter from Hon. Joseph T. Fales, auditor of state :


"AAuditor's Office, Iowa .. "Iowa City, September 6. 1850. "Josiah Goddard, Esq .. "Dear Sir :


"Yours of the 24th ult. came to hand last evening and I take pleasure in replying and sending you the laws. I had heard that your county was organized some time since was the reason of my writing and sending blanks.


"In the laws of 1847. page 115. you will find your duties as Organizing Sheriff. In the appendix of the Revised Statutes, page 739, you will find the Naturaliza- tion Laws of Congress.


"I will be pleased at any time to give you any information in my power.


"Yours. "JOSEPH T. FALES. "Auditor of State.


"P. S. When your county is organized please give me notice with the names of the officers elected.


"JOSEPH T. FALES."


The reader will note that this letter is dated September 6, 1850, a month after the organization election was to have been held. That there can be no mistake in


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WENNESHIER COUNTY COURTHOUSE, DECORAH


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PAST AND PRESENT OF WINNESHIEK COUNTY


the date is borne out by the postmark on the cover, which reads "Iowa City Sep 6 Iowa."


The letter was written on a folded sheet, double letterhead size, and folded so as to make the outer half an envelope, and sealed with wax. The letter "\" stamped in the same colored ink as the postinark shows that the postage was paid in the sum of five cents, but no postage stamp was affixed, indicating that the lowa City postmaster had no stamps. This was not uncommon even as late as 1850, although the Government began issuing stamps in 1847. Letters so marked and bearing unmistakable evidence of authenticity, as does the one above referred to, are highly prized by collectors of postage stamps, being regarded in almost the same light as a privately issued stamp bearing the sanction of the Post Office Department.


But to return to our text. Here we have the statement of John L. Carson as it appears on the county record, supported by an organizing act of the Iowa Legislature. Against it are the documents embraced in Mr. Goddard's claim. Who is to say, now, which of these men is entitled to the honor? Of those who were residents here in 1850 but few remain, they are advanced in years, and it is doubtful if they could, from this distance, be able to settle the question.


A fair-minded reader may here see an opportunity to accord to both Mr. Goddard and Mr. Carson an equal share of honor for their activities. To Mr. Goddard may be credited the initiative in starting the ball rolling. Ile it was who conducted all the correspondence leading up to the organization, showing that in him was centered the confidence of his neighbors and acquaintances. Certainly there is honor in commanding such an expression from one's fellowmen, and the appointment as sheriff to see that the forms of law were carried out could add nothing in esteem from those who had already by their confidence made him their spokesman. That Mr. Carson was also a man of prominence and influence is undeniably disclosed through the fact that he was probably the first postmaster at Old Mission, where the Indian school and agency was located. In any event we cannot change the record as it appears in black and white on the books of Winne- shiek county, and right or wrong, he will continue to be regarded by many as the one who acted as organizing sheriff.


CHAPTER V


COUNTY SEAT CONTESTS


The most natural adjunct of an organizing election would be a county seat contest and there is ample evidence that Winneshiek county was not exempt from the excitement that attends such events.


In the preceding portion of this chapter one reads of Decorah, Moneek and Lewiston as the polling places where voters might register their preferences. These were the only recognized towns within the borders of the territory sought to be organized, but Lewiston seems to have existed in name only. It was located on land owned jointly by Lewis Harkins and Francis Rogers, about one mile north of Old Mission in Washington township, and never progressed beyond the paper stage because of the differences of opinion of its promoters. While it was laid out in due form it may well be considered as never having existed, and subsequently formed a part of the farm of A. R. Young.


Moneek was different. Here the nucleus of a real town had been formed. Moses S. McSwain and Abner DeCou and families were the first settlers, coming in July, 1849. They were joined a year later by John DeCou and wife, Russell Dean, George Blake and their families. These people were all Canadians and they seemed to have had a townsite in their mind's eye from the first. At any rate they were formidable enough in their rivalry to give Decorah some cause for alarm. Although it has long since ceased to exist Moneek still lives in the memory of early settlers and one frequently hears it referred to as a definite locality at the present time.


Perhaps the story of this defunct town is better told in the following con- densation of an article printed in the Decorah Republican of March 26, 1875:


"Moneek was situated on the north fork of the Yellow river, on the south- west quarter of section I in Bloomfield township. Tremendous hills, well wooded, surrounded it, and it nestled cosily in the valley on the river, on a site that orig- inally must have been charmingly beautiful.


"The pioneer settlers were Moses S. McSwain and Abner DeCou. To these may be added John DeCou, who joined them a year later. All of them were Canadians, but McSwain had resided for a while in Illinois. They had a town- site in their eyes from the commencement. The two arrived at Moneek with


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their families in July, 1849, and lived in their tent wagons until a log house 12x16 was built. They commenced the same season to build a saw mill, which was afterwards noted all over the adjacent country as the mill.


"Their nearest neighbors were Joel Post, at Postville, and two families who lad 'squatted' on the Military road. These were David Reed, the first County Judge, and a man named Campbell. Besides these, there were the Hawks, and Isaac Callender, over in Frankville. R. Tillotson joined them the same year. He was a millwright, and helped them build the mill. This was completed in July, 1850. In the spring of the latter year Russell Dean and Geo. Blake, with their families-also from Canada-joined the new settlement June 29, 1850. John DeCou * also moved in, he, too, coming from Canada. He found all the four families occupying the one log house, above mentioned, yet it was large enough to receive the fifth family, until another house-the second in the embryo city-could be built.


"The same year Blake went south and Dean west about a mile and a half, and put up log houses on 'claims' of their own.


"In the spring of 1851 the first frame building was built by A. and J. DeCou. This was rented to a man named Johnson, from Illinois, who brought on a stock of goods and became the first merchant. His capital was small, the amount of trade limited, and he soon 'busted.' MeSwain bought out his remnants, and sold out the stock. Having neither money nor credit with which to purchase more goods, the mercantile business came to an end for the time being.


"The same year John Duff came along, liked the looks of the settlement, and built a blacksmith shop, which he sold in the fall to Phil Lathrop. The latter united butchering to blacksmithing, and soon after added merchandising. About the same year he built a house, which when completed was opened for the entertainment of man and beast, and the village had a hotel.


"In 1852 George Crawford became a member of the community. He was. likewise, a Canadian, and brought goods, mostly cloths, with him. He was a tailor by trade and did a thriving business, which soon required the aid of a journeyman. He soon added groceries to his stock-dry and 'wet'-and pros- pered as long as Moneek was in its glory.


"James F. Andrews, a retired Baptist minister, with two sons and their fam- ilies, became residents in the same year. They added another store. One of the sons was a doctor, and so the town secured the benefit of clergy and medicine by this really large acquisition.


"Louis Boughner, also a Canadian, but of German descent, came along in the same year, opened his kit of tools, and sat down upon his shoemaker's bench. That winter the hamlet began to feel as though it was of sufficient importance to be recognized by the General Government, and postal facilities were demanded. During the winter or following spring these were secured, and Boughner had so far won the confidence of the people that he was chosen to serve as the village Nasby. The office was supported by 'Winneshick'-a postoffice then situated between Castalia and Postville.


"That year, 1852, saw a large increase to the settlers outside, as well as in Moncek. Among those who came was Col. D. D. Webster, David Duff, Philip


ยท Judge DeCon died at his home near O-sian early in 1913.


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Husted,* Andrew Stewart and John W. Smith. About that time Dr. Riddle, an Ohioan, settled in Moneek. Dr. A. B. Hanna followed a year or two later, and succeeded Boughner as postmaster, holding the office until it was thrown up. "In 1853 Geo. W. Esty settled there. He came from New York, and found the village to consist of eight dwellings, one saw mill owned and operated by Abner DeCou, one blacksmith shop, worked by John Duff, Jr., two stores kept by James F. Andrews and George Crawford; a shoe shop and postoffice, managed by Boughner, and two liquor saloons, one kept by George Crawford as an adjunct to his store, and the other by a man named Walker, who enlisted when the war broke out, and died in battle.


"Moneek's decline began in 1855. Judge DeCou saw it coming in 1854, and sold his 160 acre claim adjoining the plat for $1,800. The tax list of 1855 shows that the Moneek merchant's assessment was $800 for four lots; and Abner De Cou's tavern was valued at the same figure. In Decorah, at that time, there were only four assessments of greater amount, and two others only equaled it. The causes for its decline were few and simple. Settlers were thronging into the country, and opening other sections. Post routes and lines of communica- tion were being established. Nature was rather against Moneek. It was nestled away in the valley of the Yellow river, surrounded by mountainous hills, and not easy of access. In the meanwhile, a busy, bustling fellow named Frank Teabout had settled on the ridge, and when the 'state road' was run he was looking after his interests. The line was established on the ridge; Frankville sprang into existence ; and ere they knew it the great tide of emigration which set in was sweeping by them, along the ridge road, but bringing no grist to be tolled and ground for the benefit of Moneek. Those who were in trade one by one sold out, or abandoned the place ; and by the time it was ten years old it was indeed a deserted village. Early in the sixties its postoffice was thrown up."


Early historians have never dwelt with much certainty upon just how the county seat contest was won by Decorah. It was said that the secret was locked in the memory of one man and we have reason to regard this as true. In fact, we know it is truth. That man was the late Claiborn Day, oldest son of Mr. and Mrs. William Day. Long years after the contest he divulged the story to a chosen few of his most intimate and trusted friends, exacting from them a promise that not until after his death was the story to be released. The story of the contest was related by Attorney M. A. Harmon and printed in the Decorah Republican early in 1910, a few weeks subsequent to Mr. Day's death. It is as follows :


"If you examine the written history of Decorah you will find 'An Organizing Act' was passed by the Iowa Legislature on January 15, 1851, approved by the Governor, and became a law; that by the provisions of this law 468,000 acres, bounded on the north by Minnesota ; on the east by Allamakee county ; on the . south by Fayette county and on the west by Howard and Chickasaw counties, constituted Winneshiek county, with John L. Carson as organizing sheriff, directing him to set stakes to points contending for county seats, viz: At or near Louisville, on the Turkey river; at Moneek (then known as McSwain's Mill) : and at Decorah on the Upper Iowa river; the election to be held on


* Philip Husted is still living, his home being in Decorah (August 23, 1913). Vol. 1-5


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the first Monday in April, 1851. Much excitement prevailed in the hamlet of Decorah, then consisting of a few houses. Its future was apparently in danger. The southern part of the county being more thickly settled-emigration having followed the 'Military Road' to a great extent-Decorah with all its natural advantages for a city was nearly off the map, with the chances favoring Moneek as the county seat. Poll books were prepared for the election that had been ordered. At this time Claiborn Day, then about twenty-five years of age, strong, vigorous, energetic and public spirited, with some schooling and a great deal of knowledge of men, their hopes, fears, desires and weaknesses, though not gifted with what was known as the gift of gab, but shrewd, methodical and resourceful (which was afterward proven), commenced to take part in the proceedings for the location of the county seat at Decorah, in the face of what seemed to be overwhelming odds. When the poll books for the voters of Lewis- ton and Moneek were ready a messenger was sought to convey them to their respective destinations. Finally at the instance of Mr. Day a grizzled trapper named Wiggins was presented to the organizing sheriff for that purpose, and higtily recommended as a trustworthy person. He appeared to be capable to carry the books, and as the roads at that time were not the best, with the attendant dangers of crossing streams, Wiggins was considered a reliable messenger. It is needless to say he had been royally entertained by the select coterie and his expenses had been provided for his journey, no small amount either. Ile was admonished by Mr. Day when he had obtained possession of the poll books, that, in crossing a stream, should the books be washed away, he was all right, but if, by any chance, there was a question whether it should be the loss of his horse or the poll books, to be sure and save the horse. With the parting information that if he betrayed the trust reposed in him he was liable to be shot by any resident of Decorah, he started for Moneek and Lewiston.


"In the meantime the organization of the voters and electioneering of settlers in that section of the county went merrily on, the residents promising to support Moneek as a unit. Bright and early the first Monday of April 1851, the settlers about Moneek began to appear for election. Many came from Fayette county, atterward claimed as visitors only. The opposition charged bad faith. Be this as it may, there was much handshaking ; old jokes and new were exchanged, and much boasting of the result of election was indulged in, accompanied by the comment generally 'of course Moneek would win.' etc. Time was hardly felt to be passing until eleven o'clock, dinner was thought of and a hustle was made for grub. After dinner the question arose, where were the poll books? Two o'clock. no books had appeared. It occurred to someone, more wise than the rest. that unless they got to voting pretty soon it would be too late. The owners of the townsite of Moneek, residents and voters, were mostly from Canada, and totally unacquainted with our forms of law and procedure. Finally, in their desperation, no poll books having arrived or likely to, an attempt was made to hold an election, but when the returns were made out no one could understand what they were, or who voted, or for what. It has been said of this report, 'You would not know what it was if you met it in the road." The returning board rightfully threw it out, and Decorah was selected as the county seat. The margin was dangerous, as it was generally expected that Decorah would be beaten.




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