The History of Clinton County, Iowa: Containing a History of the County, Its., Part 40

Author: Western Historical Co , Western Historical Company
Publication date: 1879
Publisher: Chicago : Western Historical Co.
Number of Pages: 807

USA > Iowa > Clinton County > The History of Clinton County, Iowa: Containing a History of the County, Its. > Part 40

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).

The oldest settlement in the State, is, therefore, Dubuque, which, as a trad- ing post, is identified with the French pioneer whose name it bears.

The territory embraced within the boundaries of Iowa has been purchased by four different treaties. The first, known as the " Black Hawk Purchase," in 1832 ; the second, in 1836; the third, in 1837, and the fourth and last in 1842. At about the time of the first purchase, a settlement had been made at Galena, Ill., and Forts Madison and Bellevue were military posts. Early in the spring of 1833, several companies of settlers crossed from Illinois into Iowa at and near Burlington, and, from this period, the extension of settle- ments and increase of population became more rapid than in the history of any territory.

On the 16th of March, 1804, the boundary line between Upper and Lower Louisiana was established. The lower country was called the Territory of New Orleans, and the upper country, the District of Louisiana. The District of Louis- iana embraced the present States of Arkansas, Missouri, Iowa and Minnesota, and was attached to the Territory of Indiana for political and judicial purposes. In 1807, Iowa was organized with the Territory of Illinois, and, in 1812, it was included in the Territory of Missouri. In 1821, when Missouri was admitted into the Union as a State, Iowa was, for a time, a "political orphan," remaining as such until June, 1834, when it was attached to Michigan Territory for temporary jurisdiction, and two large counties-Dubuque and Des Moines-were organized. The line between these two counties commenced at the flag-staff at Fort Arm- strong, Rock Island, and ran due west forty miles. The population at the time of their organization was 10,531, as returned by the census in 1836. By an act of Congress, approved April 20, 1836, and which took effect July 3, of the same year, the territory now comprising the States of Wisconsin, Iowa and Minnesota was organized as Wisconsin Territory, and Henry Dodge appointed Governor.

The Territory of Iowa was organized on the 4th of July, 1838, and Robert Lucas. a former Governor of Ohio, was appointed Governor and Superintend- ent of Indian affairs.

" At the close of the Black Hawk war," says Hon. C. C. Nourse, in his State Address, delivered at the Centennial Exhibition, at Philadelphia, Thurs- day, September 7, 1876, "and on the 15th of September, 1832, Gen. Winfield Scott concluded a treaty, at the present site of the city of Davenport, with the confederate tribes of Sac and Fox Indians, by which the Indian title was

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extinguished to that portion of Iowa known as the 'Black Hawk Purchase.' This was a strip of land on the west bank of the Mississippi River, the western boundary of which commenced at the southeast corner of the present county of Davis ; thence to a point on Cedar River, near the northeast corner of John- son County ; thence to the Mississippi to a point above Prairie du Chien, and contained about six million acres of land. By the terms of the treaty, the Indians were to occupy this land until June 1, 1833."

In 1829, Caleb Atwater was appointed a United States Commissioner to negotiate with the Indians of the Upper Mississippi for the purchase of the ."mineral country." He published an account of his trip in a volume entitled, " Remarks Made on a Tour to Prairie du Chien, thence to Washington City. in 1829." In that volume, while describing the country along the Mississippi from Keokuk north, he utters the following prophetic words : "When locomo- tive engines are brought to the perfection to which experience and ingenuity will soon bring them, goods and passengers could pass between the two seas in ten days. That this will be the route to China within fifty years from this time, scarcely admits of a doubt. From sea to sea, a dense population would dwell along the whole route, enliven the prospect with their industry, and animate the scene." He seems also to have a humorous side, as, after prophesying of the future greatness of the West, he says: " At this moment, 50,000 old maids could find industrious husbands in the Western States. For my author- ity, I refer to the late census."

Mr. Atwater describes St. Louis as a town with about forty stores, and a population of 7,000. On the 30th of June, 1829, he left St. Louis with "a great number of passengers, male and female, bound mostly either to Galena or Prairie du Chien," and "on the morning of July 4, we landed under a dis- charge of cannon at Keokuk, 240 miles north of St. Louis, at the foot of the rapids of Des Moines." "Keokuk belongs to the half-breeds, whose capital it is, on the western side of the Mississippi." It took him three days to reach Rock Island. "Fort Armstrong and the village," , he says, " occupies the extreme lower end of the island. The village adjoins the fort on the north, and a few families live here ; Mr. Davenport, who keeps a store for the American Fur Company, being a principal man among them." He notices no other evidences of civilization until he reaches Fever River and Galena. At Galena, the great treaty with the Winnebagoes, Chippewas, Ottawas, Pottawatomies, Sioux, Sauks, Foxes and Menominees was held, at which, in July and August, 1829, a tract was ceded from the upper end of Rock Island to the mouth of the Wisconsin, from latitude 41 degrees and 30 minutes, to latitude 43 degrees and 15 minutes on the Mississippi. At this council, the Winnebagoes became turbulent, and threatened to massacre the whites, but Keokuk, who was present with 200 war- riors of Sauks and Foxes, and who was friendly to the United States, began a war dance, reporting that steamboats with United States troops and 400 warriors of his own were near at hand, and by his firmness and faithfulness turned the tide and prevented any bloodshed.

At the first session of the Wisconsin Territorial Legislature, held in 1836, the counties of Des Moines, Lee, Van Buren, Henry, Muscatine, and Cook (now called Scott), and Slaughter (now called Washington), were organized out of the original county of Des Moines. At the second session, which convened at Burlington, Des Moines Co., in November, 1837, the following counties were erected from the original Dubuque County : Dubuque, Clayton, Fayette, Dela- ware, Buchanan, Jackson, Jones, Linn, Benton, Clinton and Cedar. Loring Wheeler was a member of the House which numbered thirteen, the Council

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consisting of six members. In the fall of 1837, the question of a separate Territorial organization for Iowa began to be agitated. A convention was called to meet at Burlington on November 1, to devise " ways and means" to accomplish that end. The Wisconsin Legislature, then in session, were favor- able to the movement, and united in a petition to Congress. A bill was pre- pared in answer to the prayer of the petitioners, which, on the 12th of June, 1838, became a law, and went into effect on the 3d of July following. The Legislature of Wisconsin Territory had convened in Burlington in June, 1838, but the passage of the law creating the new Territory rendered their action nugatory so far as related to Iowa, and they adjourned sine die on July 3. On the next day, July 4, 1838, Robert Lucas assumed the functions of Governor, under appointment from President Van Buren. William B. Conway was appointed Secretary ; Charles Mason, Chief Justice, and Thomas S. Wilson and Joseph Williams, Judges. Burlington was designated as the temporary seat of Government. The population had increased from 10,531 in 1836, to 22,860 in 1838.

Soon after assuming the duties of his office, Gov. Lucas issued a proclama- tion for an election of members of the first legislative Assembly, and dividing the Territory into suitable districts for that purpose. The election was held September 10, 1838, and the members of the Assembly, composed of a Council of thirteen, and a House of Representatives, composed of twenty-six members, were elected. Samuel R. Murray, of Camanche, was returned as elected to the House for the counties of Clinton and Scott, but his election was successfully contested by Joseph A. Burchard, of Scott.

By act of Congress, approved March 3, 1845, provision was made for the admission of Iowa, with boundaries extending on the north to the parallel of latitude passing through the mouth of the Mankato or Blue Earth River, and on the West only to 17º 30' west from Washington, corresponding very nearly with the line between Ringgold and Union Counties and Taylor and Adams. The Constitutional Convention, in 1844, had adopted much more extensive boundaries even than those of the present State, the northwestern line extend- ing from the mouth of the Big Sioux or Calumet River direct to the St. Peter's River, where the . Watonwan River (according to Nicollet's map) enters the same; thence down the Mississippi, embracing within the proposed limits some of the richest portions of the present State of Minnesota. The reduction of these boundaries by Congress was so distasteful to the people, that the whole Con- stitution, which was framed at the first Constitutional Convention, which con- vened October 7, 1844, at Iowa City and adjourned November 1 following, was rejected by a vote of the people at the election held August 4, 1845, 7,235 votes being cast " for the Constitution," and 7,656 votes "against the Consti- tution." Lyman Evans and Ralph R. Benedict were the members of that Convention from Clinton County.

In 1846, the present boundary lines were proposed by Congress, which were embodied in the Constitution framed at the second Constitutional Convention, which convened at Iowa City May 4, 1846, and adjourned May 19 following, and, at the election held on the 3d day of August, 1846, the Constitution was ratified by the people, the vote being 9,492 for and' 9,036 against its adoption. Henry P. Haun was the member of this Convention from Clinton County.

ORGANIZATION.

As has been stated, Iowa was embraced in what was known as the Louisiana Purchase, was a part of the District of Louisiana in 1804; in 1807, was Digitized by Google

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included in the Territory of Illinois, and, in 1812, in the Territory of Missouri until the admission of the State in 1821; was unattached to any organized Ter- ritory until 1834, when it became a part of Michigan Territory, and, in 1836, became a part of Wisconsin Territory ; in 1838, was established as the Terri- tory of Iowa.

On the 11th of January, 1840, the Territorial Legislature, by enactment, organized the county of Clinton, the law to take effect March 1, 1840, and making Camanche, which, it was stated, had polled more votes than all the bal- ance of the county, the seat of justice.

The act of organization declares that three County Commissioners and other officers shall be elected on the first Monday in April, 1840. No record, however, exists of any proceedings of the Commissioners until January 5, 1841. We have verbal statements of old settlers which place it almost beyond doubt that there were meetings held during the year 1840, and that Elijah Buel. George Griswold and Robert C. Bourne were the first Commissioners, and it appears that the next election was held in August, 1840. The act organizing Clinton County also provided that the Commissioners of Scott County should select the names of persons resident in Clinton County to serve as grand jurors. The following names were returned in accordance therewith : Peter H. Groat, James Claborne, Richard Crawshaw, Robert Thomas, Samuel Doolittle, John C. Holbrook, Frederick Hess, John Emory, Shubel Coy, Benjamin Baker, Oliver A. Crary, Alfred Brown, Otis Bennett, Daniel Smith, Richard H. Daw- son, Eldad Beard, David H. Brown, Henry Strickler, Robert C. Bourne, Philip D. Bradley, Eli Goddard, Alanson Dickerman and Arthur Smith.

Of these, there appeared at the opening of the Court, October 12, 1840, James Claborne, Benjamin Baker, Otis Bennett, Richard H. Dawson, Eldad Beard, Henry Strickler, Robert C. Bourne, Alanson Dickerman and Arthur Smith. The Court selected Samuel N. Bedford, George W. Harlan, John Welsh and Absalom Dennis as talesmen to complete the required number, and the first grand jury of Clinton County was sworn in, with Richard H. Daw- son as foreman. James D. Bourne had been appointed Sheriff by Governor Dodge, and Martin Dunning held appointment as Clerk of the Court. Thomas S. Wilson was the Judge, and William J. A. Bradford, District Prosecuting Attorney.

At the election for county officers, Robert C. Bourne, Eli Goddard and Elijah Buel were elected County Commissioners. Mr. Bourne, having the highest number of votes, was declared elected for three years. There was a tie between Messrs. Goddard and Buel, and the Clerk cut the Gordian knot by declaring Mr. Goddard to be the two years' man, and Mr. Buel elected for one year.

James D. Bourne was elected Sheriff ; Richard H. Dawson, County Asses- sor ; Shubel Coy, Treasurer ; - Gardner, Recorder.

BOARD OF COUNTY COMMISSIONERS.

EXPLANATORY.

From the organization of the county, in the spring of 1840, to August, 1851, the management of county affairs was vested in a Board of three Com- missioners, chosen by the people, and were recognized and known as a Board of County Commissioners. This system of county management originated with Virginia, whose early settlers soon became large landed proprietors, aris- tocratic in feeling, living apart in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials

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for a town were not at hand, the voters being thinly distributed over a great area. The county organization, where a few influential men managed the whole business of the community, retaining their places almost at their pleas- ure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was, moreover, consonant with their fecollections or traditions of the judicial and social dignities of the landed aristocracy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1834, eight counties were organized. in Virginia, and the system, extending throughout the State, spread into all the Southern States and some of the Northern States, unless we except the nearly similar division into " districts " in South Carolina, and that into "parishes " in Louisiana, from the French laws.

In 1851, a County Court was created (see Code of Iowa, 1851, Chap. 15). The act creating that Court gave the County Judge jurisdiction of probate affairs, and clothed him with all the powers previously exercised by the Board of County Commissioners. In short, it legislated the Commissioners out of existence.

The Township System .- On the 22d of March, 1860, the Legislature passed an act entitled " An Act creating a Board of Supervisors, and defining their duties." (See Revision of Iowa, p. 48). This law went into effect July 4, 1860, and provided for the election of one Supervisor from each civil town- ship. When assembled together for the transaction of county business, these town representatives were known as the Board of County Supervisors. The township system had its origin in Massachusetts, and dates back to 1635. The first legal enactment concerning this system provided that, whereas " particu- lar towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town," therefore "the freemen of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns, to grant lots, and to make such orders as may concern the well- ordering of their own towns, not repugnant to the laws and orders estab- lished by the General Court." They might also impose fines of not more than twenty shillings, and "choose their own particular officers, as constables, surveyors for the highways, and the like." Evidently, this enactment relieved the General Court, which was composed of the Governor and a Coun- cil selected from among the most influential inhabitants, and possessed and exercised both legislative and judicial powers, hardly limited-in fact, did all the public business of a colony-of a mass of municipal details, without any danger to the powers of that body in controlling general measures of public policy. Probably, also, a demand from the freemen of the towns was felt for the control of their own home concerns.

Similar provisions for the incorporation of towns were made in the first Constitution of Connecticut, adopted in 1639, and the plan of township organ- ization became universal throughout New England, and came westward with the emigrants from New England into New York, Ohio and other Western States, including the northern part of Illinois; and, there being a large New England element among the population of Iowa, it is fair to presume that their influence secured the adoption of this system in Iowa, as created in the act already quoted.

It seems, however, that the township system did not continue in general favor with the people of the State. Objections were made that the body was unwieldy and expensive, and that the populous townships wielded an undue

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proportion of voting power in the Board to the disadvantage of the less thickly populated townships, and, in 1871, the system was abolished or modified, so as to vest the powers of the former Board of Township Supervisors in a Board of three County Supervisors. (See Code of Iowa, Title IV, Chapter 2). From the time of this law going into effect, the affairs of the county have been under the control of a Board of Supervisors, consisting of three members, One of whom is annually elected at the general election, for a term of three years.

RESUME.

The first meeting of the Board of County Commissioners was held at the house of Samuel Doolittle, who kept a pioneer hotel, in the town of Camanche, on Tuesday, January 5, 1841. Martin Dunning was appointed Clerk of the Board. Richard H. Dawson having failed to qualify, George W. Harlan was appointed by the Board to be Assessor for Clinton County, and took the neces- sary oath and filed his bond.

William J. A. Bradford was allowed $25 as his compensation as the Pros- ecuting Attorney at the October term of the District Court. A very modest sum as compared with the allowances of the present day.

The Recorder was furnished with an outfit of the necessary books for his office, and Reuben Root was allowed the sum of $7.35 in payment for the same.

David Smith, Milton McIntire, Oliver A. Crary, David Hess, Robert Smith, George W. Parker, Oliver Alger, John Homer, John D. Simmons, Joseph Miller, Reuben Root, James Claborne and John C. Holbrook were each allowed $1, and Eli Goddard $4.50, and Phillip D. Bradley $2.70 as Judges of Election at the October election.

The following persons were also allowed $1 each as Clerks of the Elec- tion : Otis Bennett, John Emory, George Goddard, William Lawton, Anson Weed, Philip Deeds, R. R. Benedict, John Thomas, Thomas Watts, Simeon Gardner.

The following were selected from which to draw the grand jury for the next term of the District Court: James Hall, Charles Burgoon, David H. Brown, H. B. Shaff, Eli G. Boice, Otis Bennett, Isaac Ramsay, John A. Kernan, John Brophy, David Hess, Leroy Dutton, Robert Smith, Oliver Alger, A. F. Bedford, Samuel Doolittle, J. R. Pierce, John D. Simmons, John R. Boyd, William Hogan, Lyman Evans, William Lawton, F. K. Peck and Charles Harrison.

The petit jurors selected were : M. A. Harrington, Frederick Fordham, William D. Follett, Samuel Lawring, John Peck, Norman Evans, Reuben Root, Absalom Dennis, David W. Fisher, Joseph Loveland, Seth Sands, John Laughray, Adoniram Kindall, Shelton Summers, Amos Holoway, Robert Thomas, George W. Harlan, William Welch, Charles Bovard, F. W. Rowe, David Cass and William Knight.

The rate of taxation was fixed for the year 1841, as follows : Poll Tax, as established by Territorial statute, $1. "First-rate lands shall be $3 per acre ; second-rate lands shall be $2.50 per acre ; third-rate lands shall be $2 per acre. Ad valorem tax on all property, as valued and returned by the Assessor, five mills on the dollar."

As this would make the annual tax on 160 acres of "first-rate lands" $2.40, we cannot include among the hardships of the early settlers, the burden of excessive taxation. It would, however, be accurate history, very probably, if it was here stated that there were tax grumblers then the same as now, so prone is mankind to fault-finding.

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The Clerk was directed to give notice of a special election to be held on the first Monday in April, 1841, to elect a Judge of Probate, a Recorder, and a Coroner.

The whisky question came up early in the history of the county, and we find that the final action of the first meeting of the Board was as follows :

Ordered- That the Clerk of this Board be authorized to issue permits to sell spirituous liquors, or for other purposes, as the law may require ; Provided, that in all cases, whenever he shall grant such permit, or license, during vacation, he shall render an account of the same to this Board at their next session.

The next meeting of the Board was commenced April 5, 1841, at the house of Samuel Doolittle in Camanche, but it being the day of election, the Board adjourned until the following day. W. A. Warren, A. F. Russell and William Miller were allowed their bills for their services as Commissioners to re-locate the county seat.

The re-location of the county seat was done in response to a petition of the citizens of the county to the Territorial Legislature, which petition was drawn and circulated by George Griswold, and was induced by the usual jealousy and spirit of rivalry which arises between various localities.

In response to the petition, the Legislature passed an act January 14, 1841, from which we extract.

SECTION 1. Be it enacted by the Council and the House of Representatives of the Territory of Iowa, that William Miller, of Cedar County, Andrew Russell, of Scott County, William A. Warren, of Jackson County, be, and are hereby appointed Commissioners to re-locate the seat of justice of Clinton County.

SEC. 2. It shall be the duty of said Commissioners to meet at the house of Abram Folcks, in Clear Creek Precinct, in said county, on some day within six months from the date of this act, and proceed to locate said seat of justice as near the geographical center of said county as a good and suitable situation, convenient to wood and water, can be found, having reference to the present and future population of the county.

SEc. S. The Commissioners aforesaid, shall, before entering upon their duties as Commissioners, take and subscribe before some Justice of the Peace, the following oath or affirmation. [Here follows the oath that they shall faithfully and justly perform their duty, etc. ].

SEc. 4. That so soon as said Commissioners shall have determined upon the place where said seat of justice shall be located, it shall be the duty of said Commissioners to name it by some name, as they may think proper and agreeable to the people of said county ; and they shall forthwith commit their proceedings to writing, and sign the same, and file them in the office of the Clerk of the District Court of said county, whose duty it shall be to record the same in the record book.

The remaining sections of the act are the usual provisions of taking effect, notice, etc., etc.

In compliance with this act the Commissioners made their report to the Dis- trict Court in vacation April 16, 1841 :

TERRITORY OF IOWA, 88.

Clinton County.

We, the Commissioners to locate the seat of justice of Clinton County, do solemnly swear that we will perform the duties imposed on us by our appointment, honestly and faithfully and according to the best of our abilities and according to the law relative to locating said seat of justice, and we do further swear that we are not directly or indirectly interested in said loca- tion, and that, in locating said seat of justice, we will act without the slightest partiality toward any person or persons, without bias from fear, favor or recompense, or the hope of any gain or advantage to ourselves in any respect whatever. WILLIAM MILLER, ANDREW RUSSELL, WILLIAM A. WARREN.

Sworn to and subscribed this 18th day of March, 1841, before me, ROBERT SMITH, Justice of the Peace.

We, the Commissioners appointed by an act of the Legislative Assembly of the Territory of Iowa, having met at the house of Abraham Folk, in Clear Creek Precinct, in Clinton County, and having taken and subscribed the oath prescribed by said act (as above) proceeded to the performance of our duties, and located the seat of justice of said county by setting the stake in or near the center of the north half of Section Eighteen, Township Eighty-one (81) north, Range

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The History of Clinton County, Iowa: Containing a History of the County, Its., Part 40

Author: Western Historical Co , Western Historical Company Publication date: 1879 Publisher: Chicago : Western Historical Co. Number of Pages: 807

Author: Western Historical Co , Western Historical Company
Publication date: 1879
Publisher: Chicago : Western Historical Co.
Number of Pages: 807