USA > Iowa > Marion County > Pioneers of Marion county, consisting of a general history of the county from its early settlement to the present date. Also, the geography and history of each township, including brief biographical sketches of some of the more prominent early settlers > Part 6
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At the second session of the board of county commissioners, which was on the second Monday of October, a subject of peculiar interest was brought up, by an order which is said to have been originated by the noted Bab itt, whose exploits have some how rendered him a prominent personage in this history. Said order required that all blacks or mulattos residing in the county should appear before some justice of the peace and give bonds for their good behavior, or be expelled from the county. This order was, in accordance with an act of the ter- ritorial legislature, entitled " An Act to regulate blacks and mulattos," dated June 21, 1839. But, in order to a more com- prehensive introduction to the subject, we here insert clauses of said act bearing more directly upon the case in hand :
" SECTION 1. Be it enacted, c&c., That from and after the first day of April next, no black or mulatto shall be permitted to settle or reside in this territory, unless he or she shall pro- duce a fair certificate from some court within the United States of his or her actual freedom, which certificate shall be attested by the clerk of said conrt, and the seal thereof annexed thereto by the said court, and give bond, with good and sufficient secu- rity, to be approved of by the board of county commissioners of the proper county in which such person of color may reside, payable to the United States, in the penal sum of five hundred dollars. * *
"SECTION 2. If any negro or mulatto, coming into this territory as aforesaid, shall fail to comply with the provisions of the first section of this act, it shall be and is hereby made
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the duty of the county commissioners in any county where such negro or mulatto may be found, to summon him, her, or them to appear before some justice of the peace to show cause why he, she, or they shall not comply with the provisions of this act * * % * . And if such negro or mulatto shall still fail to give the bond and security required by the first section of this act,
* * it shall be the duty of the county commissioners of such county to hire out such negro or mulatto for six months, for the best price in cash that can be had. The proceeds of such hiring shall be paid into the county treasury of the proper county, for the use of such negro or mulatto, in such manner as shall be directed by the board of county commissioners aforesaid."
A history of the case may now be in order, and may not - prove wholly uninteresting, even to those personally acquainted with the facts. It was known that there was a negro (or, rather, a negress) in the county, else such an order would have been regarded as an idle formality.'
Some time in 1844 or 1845, a man named Thomas McGregor came from Illinois to what is now the northeast corner of Indi- ana township, and called upon Mr. George Henry, a sett'er in that neighborhood, and asked his assistance in selecting a claim. Mr. Henry readily gave him the required assistance, after which McGregor asked the privilege of moving into the house with him till he could get a cabin fixed up on his claim. Mr. Henry, being desirous of accommodating those who were to become his neighbors, and, inasmuch as the family of Mr. McGregor was small, consisting of only the man and his wife, he readily assented to that arrangement also. But when the guests arrived, the astonishment of Mr. Henry may, possibly, be imagined, when he first beheld in Mrs. McGregor a full- blooded African, about as dark as the darkest of the race, possessing all the charms that could be summed up in a figure
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of ample proportions, and features of combined brilliancy and prominence. As a matter of course after this discovery, he lost no time in reconsidering his promise. He was not dis- posed to encourage further "domestic relations " with this interesting pair, and honestly signified to Mac that his mind had undergone a change on the subject. So the latter, with his lovely spouse, was compelled to seek some other shelter. Not finding a house, they camped out, as they had previously done, until their cabin was built. But the nature of their relationship was such that they were not permitted to long enjoy it in peace. It was taken for granted that they were living in violation of a statute of the territory forbidding mat- rimonial connection between blacks and whites, and, for this offense, were arrested and brought before Justice Levi Bain- "bridge, on Lake prairie, and tried. Not being very well pleased with the rulings of this court, they took a change of "venue, and their case was turned over to Justice Mike Morris, who happened to be present. After giving it a hearing, Mike referred the matter to the' Mahaska county grand jury-this being previous to the organization of Marion-where it ended, the jury not finding a true bill against the offenders.
But the end was not yet. This was only a brief truce in the tribulations of this unfortunate couple. As we have seen, the lady was deemed an offender against another statute, and that statute made it the duty of the county commissioners to take action in the premises ; hence the order noticed on another page. But, for some reason, Mrs. McGregor did not heed the threatening mandate; she was either not aware of its existence, or determined to risk the consequences of disre- garding it. But another soon followed, of a more specific character, to the effect that Rose Ann McGregor should appear and give the required bonds, on or before the 29th of January, or "be sold to the highest bidder." But even this failed to bring the stubborn Rose, Ann to terms. The fearful
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penalty of non-compliance therewith, though it may have caused the culprit to tremble in anticipation, moved her not otherwise. It was, therefore, found necessary to bring into action the practical force of law, and the sheriff was armed with authority to bring Rose Ann bodily to the seat of justice. Armed with this authority, and attended by his deputy, Dr L. C. Conrey, the two proceeded to the residence of the Mc- Gregors. Apparently, this visitation had been expected by the wary Rose Ann; for, when the officers reached the house they found the doors barred, and their application for admit- tance pointedly refused. Not wishing to perpetrate any vio- lence in the execution of their duty (and, perhaps, actuated by a sense of caution, for Rose Ann was reported to be the possessor of a gun, a good marksman, and, to quote the words of our informant, " some in a bear fight "), they resorted to a little stragetical compromise, by which the beseiged promised to go to town the next morning. But the officers, having no faith in this promise, retired a few rods from the house and secreted themselves behind a shock of corn fodder, to watch the movements of their intended prisoner, and seize her if a favorable opportunity presented. Presently they saw her emerge from the house, with gun in hand, and survey the premises with a cautious glance. Seeing no danger, she returned within doors, where she left the gun, and immediately reappeared, going to the woodpile for fuel. Now was the best opportunity to nab her. The two men started at their utmost speed, intending, if possible, to get between her and the house; but " the race is not always to the swift." Rose Ann soon discovered them, and so far outran them that she had time to bar the door before they reached it. Here now was a crisis that required prompt decision, activity, and nerve; such a thing as being out-generaled by a nigger could not be thought of. Parley was out of the question; and what sort of a report should they make on returning to Knoxville without
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their prisoner? Their reputation was at stake, and rather than risk it they would risk their lives. So Walters ordered the Doctor to make a battering-ram of an old sled tongue that happened to be lying near at hand, and batter in the door. The order was immediately obeyed, and as the door swung back, Walters bounded into the room and caught the deter- mined Rose Ann in the act of raising the hammer of her gun. The Doctor followed, and seized the weapon just in time to save his own life, for it was already aimed at him with the evident intention of firing. Having disarmed the prisoner, she had no other choice but to surrender unconditionally. The doctor then fired off the gun, the report of which indicated a heavy charge, very probably intended for the use she attempted to make of it.
The battle now over, and the victory so fortunately won, the victors immediately set out on their return to headquarters with the prisoner. It was growing late in the evening, and some haste was necessary to reach town before dark; so, in order to make better speed, and, perhaps, also prompted by a feeling of generosity, the Doctor mounted Rose Ann on his horse, he going before, leading the way in the narrow Indian trail that, as we have heretofore stated, was then about the only kind of a road in the country.
As it happened, the sheriff had business in another direc- tion, and accompanied them only part of the way; conse- quently, the deputy was left in sole charge of the prisoner. Having been so completely conquered, and afterwards so kindly treated to a means of conveyance, it was not supposed that she would become treacherous or troublesome on the way. But Rose Ann was not to be won by any such evidences of kindness, so long as she was subjected to the humiliating con- dition of a prisoner for no fault except race and color. She was disposed to take advantage of her captors' confidence, and she did. A short time after the sheriff left them,-the Doctor
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walking a few steps in advance,-Rose Ann suddenly turned about and dashed homeward on a full gallop, to the astonish- ment and mortification of her captor, who looked after her a moment without any decisive purpose what to do about it. But he concluded to pursue her at all events, and did so as rapidly as he was able. On the way he found his pill bags which he was then in the habit of carrying with him, being in the practice of medicine; they had bounded off in the extraor- dinary flight of the captive. After a mile or two of pursuit, the Doctor became weary, and turned in for the night at the residence of John Welch.
Next day Rose Ann made her appearance at court with the required bond, duly signed by herself, with Thomas McGregor (her husband) and Amos Strickland as sureties.
Thus ended this troublesome case. One of the actors in the play (which we may properly style a farce), in relating the in- cidents of the capture, says that he felt quite conscientious in the performance of his duty, believing, as the great apostle did when persecuting the church, that he was doing God's service. But the persecuted pair did not remain long in the neighbor- hood. It was supposed by some that McGregor's interest in his ebony spouse was of a pecuniary character, and that his intention was to take her to Missouri for sale; yet, this was not apparent in his attempt to settle with her in a free state.
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CHAPTER X.
County Revenue - Warrants -- Stationery - First County Seal-Buying the County Seat -- Building Court Houses -The First Court House-Precincting the County- Road Districts-First Juries-First District Court- Boarding Houses-Sleeping in the Court Room-A Sketch of Judge Williams .*
Isaac B. Powers, county surveyor, platted part of the town of Knoxville shortly after it was located, and Claiborn Hall laid out the remainder in the winter of 1846-7. George Gil- laspy was appointed auctioneer to sell lots, and the first sale came off on the 21st of October, 1845, and the second in April, 1846. In those days, as has been heretofore stated, money was far from being plentiful; besides the prospect of specula- tion in town property in that wild, open country, far away from any important outlet or means of communication, was not en- couraging, so that few investments were made.
The proceeds of these sales were immediately absorbed by the expenses of location, survey, and sales, and also for the erection of a court house, the need of which was now being keenly felt, as we shall further notice in due time.+
Besides the sale of these lots there was no other source of revenue till about the close of 1846, or during the winter of 1846-7, when the first taxes were collected. Previous to the organization, the county had been assessed by authority of
* Since the above was written, we have been informed of the death of Judge Williams, near Fort Scott, Kansas, aged 69 years.
t Owing to the want of suitable offices, the county officers kept their books and performed their official work at their dwellings and boarding-houses.
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Mahaska,* and the legislature had authorized the officers of that county to collect the taxes of this assessment after the separa- tion, which the citizens of Marion persistently and successfully refused to pay. There was then but little real estate taxable, and when the taxes were collected at the date mentioned above they amounted to the small sum of three hundred dollars!
At about this time the finances of the county were found to be in a deplorably embarrassed condition. Debts had rapidly accumulated from the date of its organization. Three elections had been held during this time, the expenses of which were paid in warrants, till these promises to pay had so far outfig- ured the revenue that they dwindled away to the meagre sum of thirty-seven and one-half cents to the dollar. In these the county officers were paid, if paid at all, with the slight hope that they would eventually be redeemed at their full face. The salary of officers then being nearly the same as now, there could be little to prompt aspirants for places aside from the mere honor per- taining thereto. Indeed, to such a strait had money matters come, that the officers were compelled to purchase their needed stationery on credit, at exhorbitant prices, and become person- ally responsible for the payment of the same. The board of com- missioners found it necessary to send to Oskaloosa for one quire of foolscap, a bundle of quills,-steel pens had not come in use then,-and a bottle of ink ; but before they could obtain them these officers were compelled to become personally responsible or the debt, which could not have been seriously burdensome even at a period of financial depression. Many of these war- rants were sold to shavers to pay these debts. Those who bought these warrants made a profitable investment of their money, paying thirty-seven and a-half to forty cents per dollar,
* This assessment was made in the spring of 1845, as the law then directed. Green T. Clark, who had been elected county assessor, not having any official work to do, went away on business, and did not return in time to serve in the next asssessment. George Gillaspy, who had previously applied for the office, was then appointed by the commissioners, and assessed the county in the spring of 1846.
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receiving six per centum on their full face, till the county redeemed them at par.
An official seal was also needed by the board of commission- ers, and there being no means of obtaining one specially made for the purpose, they legalized one out of the eagle side of a twenty-five cent United States silver coin. With a stick and mallet an impression could be made of the bird of liberty, which mark served as a token of the official authority of that court. The first seal of the probate court was the eagle side of a five cent coin.
The land on which the county seat was located was occu- pied as a claim by L. C. Conrey. There were no improve- ments on it, except the cabin that was required to hold it; but so soon as the location was made, Mr. C. surrendered his title gratui onsly for the benefit of the county; but it necessarily yet remained the property of the government. It was sup- posed that enough funds could be spared from the revenue arising from the sale of lots to enter it as soon as it should be subject to entry; but such was the all-prevailing poverty of both town and county that two hundred dollars could not be raised for that purpose. At the January session in 1847, the commissioners appointed Thomas Pollock an agent to borrow the money; but owing either to its scarcity or the want of confidence in the financial stability of the county, he failed to obtain it. In this emergency a Rev. Mr. Gibson came to the rescue with a land warrant, which he offered to apply on time; but owing to some obstruction, of the nature of which the an- thor is not informed, the warrant could not be used. At length, however, Dr. Weir, a resident of Fairfield, where the land was subject to entry, entered it on time, and thus ended the strife, securing to Marion county, in due time, a clear title to her shire town.
By the organizing act Marion county was added to the sec- ond judicial district, and the first term of the district court for
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the county was fixed for March, the following year. But the county was yet without any kind of a court house, except the cabin in which the commissioners met, described in another place. So at their session in January, 1846, that body inau- gurated a movement toward the erection of a temple of justice. To this end they authorized their clerk to receive proposals for a building twenty four by thirty feet square, two stories high, to be completed on or before the 20th of May following. The lowest bidder was Lewis M. Pearce, who proposed to do the job for four hundred and fifty dollars. His bid was accepted on the 29th of the month, and he immediately com- menced the work. The heavy frame timbers had to be culled from the forest, and the lumber to be sawed, and all the mate- rials conveyed, much of them from a distance of several miles, to the building-ground. All this labor occupied much more time and money than was stipulated in the contract, and the building was not completed till some time in autumn, and at a cost to the county of a little more than six hundred dollars .*
This comparatively temporary structure remained in use as a court house till 1858, when it was relieved from public ser- vice by the new one. Since that time it has been variously occupied; part of the time the upper story being used as a printing office, from which the "Democratic Standard" was issued, and part of the time as a private dwelling. In June, 1864, it was sold at auction by order of the board of supervi- sors, and was purchased by A. B. Miller for nine hundred and twenty-eight dollars, and is still his property. It still stands
*Mr. Pearce's contract was only for the wood work, and the cost of the build- ing in excess of his bid was for plastering and finishing, which was not com- pleted till some time in 184S. This correction was made upon information received since the above was written.
The lumber for this court house was sawed by Andrew Foster, at his mill near the mouth of English creek, nine miles from Knoxville. Mr. Pearce took the framing timber from his claim on Walnut creek, east of Athica, and about eight miles from Knoxville.
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where it was first erected, opposite the north-west corner of the square, and part of the lower story is at present occupied by B. F. Williams as a marble factory, and another part by Rufus Eldredge, produce dealer. The upper story is occupied by a family.
The new court house was built by Steven Woodruff, at a cost to the county of nineteen thousand dollars. It is a sub- stantial two-story brick building, seventy by forty-eight feet, with an entry door at each end, and a hall about ten feet wide extending between each. This hall is flanked on either side by a tier of rooms appropriated to the various county offices. Two broad stairways, and a narrow one from the clerk's office, lead to the upper story or court room, a large apartment, well lighted, and furnished with seats enough to accommodate four hundred persons. This house stands in the center of a well enclosed square, and is surrounded by a fine growth of young cottonwoods.
On the 13th of March, 1846, the first district court convened. Joseph Williams, district judge, made his appearance at the time specified for holding court, but, as we have said, there was no place worthy the name of court house in which to hold it. The commissioners, however, had made such temporary preparations for the occasion as circumstances permitted. There was a hewed log house in the neighborhood, about six- teen by eighteen feet square, owned by Dr. Conrey, that offered the best if not the only prospect for a court room. This the commissioners purchased, and employed George W. Har- rison to move to the west side of the square, near where Rea- ver's grocery now stands, and fit up for the purpose. In fur- ther preparation for this important event, jurors had to be se- lected. To do this in the order prescribed by law, it was nec- essary to district the county into voting precincts, and select from each the number of jurors in proportion to its number of electors supposed or known to be mentally qualified to perform
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the service of jurors. On the second day of March these pre- cincts were described and named as follows. For the sake of convenience we abbreviate from the original record, and also place the name before the description :-
Lake Precinct .- Town. 77, and all of 75 and 76, range 18, north of the Des Moines river; election at the house of Samuel Peters. Judges-Samuel Peters, Asa Koons, and Jacob C. Brown.
This, it will be observed, included what is now Lake Prairie township.
Red Rock .- Town. 77, and all of 76, range 19, north of the river, and all of 77, range 20, east of the old Indian boundary line. and north of the river; election at Robert D. Russell's. Judges-James Chestnut, Claiborn Hall, and Reuben Mat- thews.
This included all of the present township of Summit, part of Polk, and about one tier of sections off the east side of Red Rock.
Gopher Prairie .- All west of the old Indian boundary line and north of the river ; election at Asa Hughs's. Judges -- Alfred Vertrice, Asa Hughs, and Joshua Lindsey.
This included the remainder of Red Rock township, and all of Perry.
Pleasant Grove .-- All of Marion county, and the attached portion thereof south of the river and north and west of White Breast creek ; election at Wm. Glenn's. Judges --- Wm. M. Young, John P. Glenn, and Wm. Glenn.
This included the present townships of Union, Swan, and Pleasant Grove, parts of Polk, Knoxville, and Franklin, the north-west corner of Dallas, and all of Warren county lying between the above named streams.
Knoxville .-- Town. 75, range 19, and all of 76, range 19, south of the river, and east and south of White Breast creek, and all of 75 and 76, range 20, east of the old Indian boun- 6
1
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dary line; election at the place of holding district court. Judges-Lawson G. Terry, Landon Burch, and Moses Long.
This included the larger portion of Knoxville township and the south-east corner of Polk.
English --- All of the county and attached portions thereof west of the old Indian boundary line, and south and east of White Breast creek; election at Wm. Tibbett's. Judges- Wm. Tibbet, Elisha B. Ryan and Samuel Nicholson.
This included what is now the south-west and some of the west part of Knoxville township, the larger portions of Wash- ington and Dallas, and part of Warren county.
Round Grove-Town. 74, range 19, and all of 74, range 20, east of the old Indian boundary line; election at Alexander May's. Judges-Alexander May, John T. Pierce and Jere- miah Gullion.
This embraced all of what is now Indiana township, and about one and a half tiers of sections off the east side of Wash- ington.
Cedar-Town. 74, range 18, and all of 75, range 18, south of the river; election at Jasper Koons's. Judges -- Joseph Clark, David T. Durham and Francis A. Barker.
This embraced all of Liberty township, and all of Clay except what belongs to town. 76, range 18 .*
These precincts continued in use until the population ren- dered smaller divisions necessary, when township organiza- tions were substituted from time to time, with numerous changes, till they finally assumed the geographical phase shown by the large and beautiful map of the county, gotten up by Messrs. Shirwood and Pyle, in 1855. These township
*It is apparent that this point was entirely overlooked by the commissioners and not assigned to any precinct. It is the north-west corner of Clay.
We have been particular in these descriptions, to enable the reader, by the help of the map, to find the localities of these precincts, and get an idea of the civil geography of the county at that date. We hope the details will not be deemed too tedious to be interesting.
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