USA > Iowa > Marion County > The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C. > Part 43
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FIRST WARRANTY DEED.
"This indenture, made this third day of December, 1847, between Jac H. Majors of Scott township, Mahaska county, Iowa, of the first part, a
339
HISTORY OF MARION COUNTY.
David F. Laughton of the same township and county aforesaid, of the sec- ond part, witnesseth: that the said party of the first part, for and in consid- aration of the sum of fifty dollars in lawful money of the United States, to him in hand paid by the said party of the second part, at and before the ensealing and delivering of these presents, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors and administrators forever released and discharged from the same by these pres- ants here granted, bargained and conveyed, and by these do grant, bargain and confirm unto the said party of the second part, in actual possession now being, and to his heirs and assigns forever, all that certain piece and parcel of land situated as follows:
"Being the southeast quarter of the northeast quarter of section 19, in town- ship 74 north, of range 18 west, together with all the appartenances there- unto belonging or in anywise appertaining, and issues and profit thereof, and also all the rights, title and interest or demand whatever of the said party of the first part in and to the above-described premises, with the said hired tenants and appurtenances, to have and to hold the said premises above-described to the said party of the second part forever. And the said party of the first part, for himself, his heirs and assigns, do forever agree to warrant and defend with the said party of the second part, and his heirs and assigns forever.
"In witness whereof, the said party of the first part has hereunto set his hand and seal this day and year above written. Signed, sealed and deliv- ered in presence of Henry Nooton.
"JACOB H. MAJORS."
GROWTH OF THE COUNTY.
The official act of the Territorial Legislature authorizing the organization of Marion county, and defining its boundaries, was approved June 10, 1845. Thus it will be seen that it was not organized until some two years after the first settlements were made.
The Indians had left and the whites had not yet appeared in large num- bers. Although the county contained but few people the white man had marked it for his own.
During these years the county was in an undefined state of existence or non-existence. In one sense it was a county in another it was not. There was a region of country as early as 1843 inhabited, and to a certain extent improved, now known as Marion county. But there was no county organ- ization, no county government and not even many citizens. It gained the latter rapidly, but in other respects it remained at a stand-still in its unde- fined state of existence.
The work of organization was only begun when the county was officially named and its boundaries defined. It remained to hold an election and organize a county government.
Thus the early settlers were for a time in a peculiar condition. They dwelt in the county, but were not properly citizens of the county, as the it had no legal existence, its name was not officially recognized, its boundaries were not officially defined, it had no courts or other judicial or executive authority and the people were still under the discipline of an- other county.
For judicial and other purposes the country was still a part of Wash-
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'HISTORY OF MARION COUNTY.
ington county, and so continued till its formal organization took place. It does not appear that there was much call for the exercise of this authority or that the loose, ill-defined county government produced any bad results " The laws are for those who need them," and the early settlers dwelt to- gether in harmony that did not call for the interference of judge or sheriff. This is a somewhat remarkable case and contrasts most decidedly with the experiences of other counties. The county seems to have prospered well during this period of loose half-formed organization. The settlers were too busy with their own affairs to intermeddle with those of others, and so had little occasion to call for the authority of law. But it soon be- came apparent that the business affairs of the community demanded a separate county organization. Roads should be laid out, a county seat lo- cated and other preparations for a thriving and prosperous future. These things were necessary not only to meet some pressing demands that began to be felt, but they were likewise important as incentives to local pride and healthy emulation. So in 1845 the county was formally organized in the manner more fully spoken of in a subsequent chapter under the head of county organization.
The people at the time of organization were almost exclusively emigrants from the older States in the same latitude, or from European countries in nearly the same latitude, thus proving that emigration, like commerce, travels along the parallels of latitude.
The county filled up steadily and rapidly, and especially during pioneer days was its progress and development continuous. The county never was subjected to that period of reaction which comes as an inevitable misfor- tune to plague those communities which from some false and exaggerated sentiment spring up into unhealthy and abnormal growth. Nearly all of the people were poor in purse. Few men of means came to Marion county in early days. But although they came almost without exception poor in pocket, they brought with them industry, economy and intelligence, so that in the course of years wealth has been the result. The growth of the county never slackened nor came to a stand-still except for a very short time, but continned steadily from year to year so that from its beginning with some seventy families in 1843 it has become the dwelling-place of more than twenty-five thousand happy and prosperous people. The brunt of the pioneer battles was borne by the early settlers, for within a few years the great hardships of pioneer life had disappeared, and the people lived in comparative comfort.
The next year after the organization of the county, in 1846, it had already acquired a population of 1,360 souls. In 1847 there were 2,350, which shows an increase of nearly one hundred per cent in one year. In 1849 the population had grown to 3,797. In 1850 the popnla- tion was 5,412, and in 1851, 5,809, and in 1852 it reached 6,289. In 1854 there were 9,315 people in the county, and at the end of the first decade of the county's history, the population was 14,060. These figures certainly show a steady, continnous increase of people and afford a reliable index to the development of material resources of the county, which was healthy and vigorous. With the first decade of the county's history ended what is known as the pioneer period.
Passing beyond the pioneer period it is interesting to note the increase of population till the present time. In 1859 the population was 16,167; in 1860, 16,813; 1863, 17,318; 1865, 18,719; 1867, 20,181; 1869, 23,440;
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HISTORY OF MARION COUNTY.
436; 1873, 24,272; 1875, 24,066; 1880, 25,122. From this it win sat there has been one period, and only one, in the past history of ty in which there was a decrease in the population; that period ig the five years between 1870 and 1875. The fact seems strange et unaccountable that during the war-period when many of the Ithy and vigorons of her sons died of disease or wounds in battle, county still grew in population from 16,813 in 1860 to 18,719 in
comparing Marion county with its neighbors we find the following interest: Mahaska county was well settled before Marion made etensions of population. In 1854 the latter passed the former in iding scale of prosperity and showed a population of 9,315 to Mahaska. Having once passed her eastern neighbor in the race, as kept ahead.
6 the population of Marion and Polk counties lacked but about eing the same, the former being a little ahead. In 1849 Polk [arion, it then having 4,214 to 3,797 in Marion. The next year gain took her place in advance of Polk, and in 1851 again fell be- : 1852 Polk again fell behind Marion and did not again overtake 1867, when she again passed her rival neighbor and bids fair to itly hold the place which she has fairly won in the race.
ace will probably be as appropriate for a comparison of the town- be county as any. We give the population of the townships in in 1880 in parallel columns so that the comparisons may be the lily made. The cities of Knoxville and Pella are given separately townships in which they are situated.
1875.
1880.
1,197
1,275
1,036
1,090
879
937
1,281
1,182
2,483
3,168
City
1,699
2,577
2,673
2,596
2,536
2,485
1,574
1,606
Grove
1,161
1,557
879
785
491
434
1,445
1,237
1,616
1,418
883
1,000
700
707
:00
1,246
1,231
24,066
25,122
irie
be seen from the foregoing that during the past five years eight , Clay, Dallas, Franklin, Knoxville, Liberty, Pleasant Grove, Union have increased in population while the others have de- For reasons easily understood the greatest increase has been in
HISTORY OF MARION COUNTY.
Knoxville and Pleasant Grove townships, while the greatest loss has been in Lake Prairie and Summit. This change is due to the fact that trade, which for many years was turned from its natural channels, has been brought back by the completion of railways.
If we had the space to give a synopsis of the development of the mate. rial resources we would find that in this respect the county has fully kept pace with the steady increase of population. We should also find by comparisons with other counties that Marion has kept well along in the front ranks of progress. The history of the county from the very first shows a steady career of thriving and prosperous growth. The following table of events shows the general land-marks of the country's growth and history to the present time:
First settlement east of the Red Rock line, 1843.
First settlement west of the Red Rock line, 1845.
County organized, 1845.
Knoxville chosen as county seat, August 25, 1845.
Pella laid out, May, 1848.
First white child born, Frances Ruple, July 23, 1843. First term of court. March 15, 1846.
First land entered, 1847.
First land transfer, Dec. 3, 1847.
First mill erected, 1846.
First mail received at Knoxville, July, 1846.
Court-house erected, 1858.
First railroad in the county, 1865.
First newspaper, 1855.
First railroad to Knoxville, 1875.
This brief table represents a large amount of history and will be instruc- tive to those who ponder it fittingly.
Speaking generally the growth of the county has been steady and contin- uous, although there have of course been times of ebb and flow. The first period of the county's growth was one of much hardship and priva- tion.
The California emigration, however, brought golden days to the county and prosperity continued at high tide until the panic a few years before the war. These were evil days for Marion county as there was very general discontent and many business men failed. A slow recovery followed and introduced the war-period. From the close of the war up to 1873, the county was again in a prosperous condition. The county did not suffer in this directly so much as indirectly, in the general derangement of business. But the experience was much the same as that in the former period of high prices and flourishing times. Property began to depreciate and became un- salable, and general discontent spread among the people. There has been nothing peculiar in this; the experience of the people of Marion county has been very much the same as that with the people of other counties and States. At the present time the county is fairly started again on a career of prosperity.
So in Marion county good times have followed close upon evil times and vice versa all through the period of its growth. It would seem that the old sage's thought would be a good thing to keep ever in mind, both in pros-
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HISTORY OF MARION COUNTY.
perity and distress: " Even this shall pass away." Such a lesson is taught by the experience of the county from the time of its organization till the present.
Having thus definitely, and as fully as the records permit, noted the early settlements, and described the hardships of the pioneer and the develop- ment of the county during its early stages, we now come to the matter of county organization.
CHAPTER VI.
ORGANIZATION OF THE COUNTY.
Origin of County and Township Organization-Condition of Territory Before Organization- Legislative Act Organizing Marion County-Appointment of Commissioners to Locate Seat of Justice-First Election-Proceedings of County Commissioners-License-Ferries- Roads-Election Precincts-County Judge System-Township System-Board of Supervis- ore-First Court-house-Second Court-house -- Jail-Poor-farm-Des Moines River Bridge.
IT was not long after the Indians departed and the country was thrown open for settlement that the necessity of county organization in the inter- ests of good government, good roads and the management of other local af- fairs became apparent. The country was thrown open for settlement in Oc- tober, 1845, and during the fall of the same year steps were taken for the organization. During the previous winter the necessary legislation was procured in the Territorial General Assembly then in session at' Iowa City.
Before proceeding to speak of these events in detail it will be proper to state some facts bearing upon the subject of connty and township organiza- tion in general.
With regard to the origin of dividing individual States into county and township organizations, which, in an important measure, should have the power and opportunity of transacting their own business and governing themselves, under the approval of, and subject to, the State and general government of which they formed a part, we quote from Elijah M. Haines, who is considered good authority on the subject.
In his "Laws of Illinois Relative to Township Organizations," he
"The county system originated with Virginia, whose early settlers soon became large landed proprietors, aristocratic in feeling, living apart in al- most baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town wore 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 pleasure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was moreover con- tonant with their recollections or traditions of the judicial and social digni- ties of the landed aristocracy of England, in descent from whom the Vir- ginia gentleman felt so much pride. In 1834 eight counties were organized in Virginia, and the system, extending throughout the State, spread into all the Sonthern States, and some of the Northern States; unless we except
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HISTORY OF MARION COUNTY.
the nearly similar division into 'districts' in South Carolina, and that into "parishes' in Louisiana, from the French laws.
" Illinois, which, with its vast additional territory, became a county of Virginia, on its conquest by General George Rogers Clark, retained the connty organization, which was formerly extended over the State by the constitution of 1818, and continned in exclusive use until the constitution of 1848.
" Under this system, as in other States adopting it, most local business was transacted by those commissioners in each county who constituted a county court, with quarterly sessions.
" During the period ending with the constitution of 1847, a large por- tion of the State had become filled up with a population of New England birth or character, daily growing more and more compact and dissatisfied with the comparatively arbitrary and inefficient county system. It was maintained by the people that the heavily populated districts would always control the election of the commissioners to the disadvantage of the more thinly populated sections-in short, that under that system 'equal and exact justice' to all parts of the county could not be secured.
"The township system had its origin in Massachusetts, and dates back to 1635.
" The first legal enactment concerning this system provided that, whereas, 'particular townships have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town,' therefore, ' the freeman of every township, or a majority part of them shall only have power to dispose of their own lands and woods with all the appurtences of said town, to grant lots, and to make such order as may concern the well-ordering of their own towns not repugnant to the laws and orders established by the general court.'
"They might also (says Mr. Haines) 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 conrt of a mass of muuio- ipal details, without any danger to the power 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.
"The New England colonies were first governed by 'general court,' or legislature, composed of a governor and a small council, which court con- sisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders.
" They made laws, ordered their execution by officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations, and, in fact, did all the public business of the colony.
"Similar provisions for the incorporation of towns were inade in the first constitution of Connecticut, adopted in 1639; and the plan of township organization, as experience proved its remarkable economy, efficiency and adaptation to the requirements of a free and intelligent people, became universal throughont New England, and went westward with the emigrante from New England into New York, Ohio, and other Western States."
Thus we find that the valuable system of county, township and town or- ganizations had been thoroughly tried and proven long before there was
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HISTORY OF MARION COUNTY.
need of adopting it in Iowa, or any of the broad region west of the Mis- sissippi River. But as the new country soon began to be opened, and as Eastern people continued to move westward across the mighty river, and form thick settlements along its western shore, the Territory, and State, and county, and township and town organizations soon followed in quick succession, and those different systems became more or less modified and improved, accordingly as deemed necessary by the experience and judg- ment and demands of the people, until they have arrived at the present stage of advancement and efficiency.
In the settlement of the Territory of Iowa, the Legislature began by or- ganizing counties on the Mississippi River. As each new county was formed it was made to include, under legal jurisdiction all the country bordering west of it and required to grant to the occidental settlers elec- toral privileges and an equal share in the county government with those who properly lived in the geographical limits of the county.
The counties first organized along the eastern border of this State were given, for a short time, jurisdiction over the lands and settlements adjoining each on the west, until these different localities became sufficiently settled to support organizations of their own; and finally, at the first session of the Legislature, after the Indians sold out, the newly acquired territory, in- cluding all northwestern Iowa, was laid off into counties, provisions were made for their respective organizations when the proper time should ar- rive, and these were severally named.
Let us briefly trace out the formation of the counties in this latitude and the successive jurisdiction of counties.
The whole of Iowa east and south of Marion county was originally a part of Des Moines county. In 1834 or 1835 Louisa county was formed and it was given jurisdiction over all the unorganized country to the west. In 1838 Washington county was organized and all the unorganized terri- tory west placed under the jurisdiction of Washington county. In 1844 Keokuk and Mahaska counties were organized and to the latter was given the jurisdiction of all the country north and west, including what now composes Jasper, Polk, Warren and Marion counties. When Marion county was organized in 1845 the territory west of it was attached to it. From the fact that Polk county had in the meantime been organized, the territory composing the counties north and west of it were attached to Polk. From this it will be seen that when Marion county was first set. tled in 1843, the country was attached to Washington county and in case of litigation the settlers would have been compelled to have to resort to the courts of Washington county. In 1844 Marion county became a part of Mahaska county, and the people then living within the bounds of this county were for election, judicial and revenue purposes, attached to that county. In case of litigation the people of the county would have been compelled to attend the courts of Oskaloosa; the people of this county were included in the regular tax list of Mahaska county and in the elec- tion of officers for Mahaska county, the people of Marion voted just as if they had resided within the geographical limits of that county. It may be further remarked at this place that the commissioners of Mahaska county at that time established a voting precinct which included the whole of Marion county, and was called Lake Prairie precinct. This precinct was formed by the commissioners of Mahaska county at their meeting May 14, 1844. On the 7th day of January, Mahaska county was subdivded into
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HISTORY OF MARION COUNTY.
civil townshipe and there was a new arrangement of the voting precincts in the territory to the west and north, temporarily attached to that county. The following is an exact copy of that part of the official action of the commissioners of Mahaska county which had reference to the unorgan- ized territory now composing Marion county:
Ordered, That the unsurveyed township which is south of the Des Moines River shall be known by the name of English River township.
Ordered, That congressional townships 76 and 77 north, 18 west and that part of 75 north and 18 west, which lies north of the Des Moines River shall constitute a township to be known by the name of Lake township. The place of holding elections to be at the house of Levi Bainbridge.
Ordered, That all the unsurveyed part north of the Des Moines River shall constitute & township to be known by the name of Whitebreast township. Place of holding elections to be at the house of Mr. Phillips.
The authorities of Mahaska county doubtless expected to retain jurisdic- tion over Marion county for sometime. It was to the advantage of these older counties to retain control of this additional territory as considerable revenue was derived therefrom and the additional expense incurred was very small. This condition of dependence was not satisfactory, however, to the people of Marion county and before the people of Mahaska had a chance to derive much profit or honor from this dependent constituency a success- ful attempt was made by the Marion county settlers to set up in business for themselves.
The cause which led to the agitation of the question of a separate organ- ization was two-fold. In the first place the people of the county had lit- tle hope of opening up roads, building school-houses and erecting bridges so long as they were dependent on the commissioners of Mahaska county; in the second place there were then, as now, many persons anxious to hold office and by the organization of the county into a separate county there would be created a demand for a full complement of county officers. Thus it was that at the very time the officers of Mahaska county were busying themselves about the levying of taxes and organization of election pre- cincts for the people of Marion, the latter were busying themselves in lay- ing plans for severing the connection and which plans were soon to render useless and inoperative the legislation of the former.
The first organized effort for the purpose of securing a separate connty organization occurred in the spring of 1845. The meeting was held at the house of Nathan Bass, in section 19, township 76, range 18. There were some fifteen or twenty persons present, the most active and influential of whom were Lysander W. Babbitt, George Gillaspy, Reuben Mathews, Ho- mer Mathewe, David T. Durham, Nathan Bass, Joseph Drouillard, John Williams, Levi Bainbridge, Isaac N. Crum, Simon Drouillard and John W. Alley.
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